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NATURAL GAS AGREEMENTS (020) >f:, ~;~ I I -. 37D-FLA-PINE-7 A G R E E MEN T THIS AGREEMENT, made and entered into this ~. tt( day of ~ L , 1911' by and between the CITY OF CLEARWATER, hereinafter referred to as "Clearwater", and FLORIDA GAS TRANSMISSION COMPANY, a Delaware corporation, "hereinafter referred to as "Florida", WITNESSETH: THAT, WHEREAS, Clearwater is the owner of certain property within Pinellas County, Florida, commonly referred to as Clearwater North Gate Station; and WHEREAS, Florida has in existence a contract with Clearwater for the sale of natural gas to Clearwater which agreement was for a period of twenty (20) years which period of time will soon expire; and WHEREAS, Clearwater wishes to continue to receive gas from Florida at its Clearwater North Gate Station; and WHEREAS, Clearwater wishes to continue to permit Florida to maintain its Meter and Regulating Station at the Clearwater North Gate Station. NOW, THEREFORE, in consideration of one dollar ($1.00) and other valuable considerations and the keeping of the conditions and covenants herein contained, it is agreed as follows: Clearwater does hereby grant, bargain and sell to Florida an easement, together with ingress and egress thereto, to operate, maintain, replace, repair or remove its Meter and Regulating Station for receiving natural gas from Florida at the following described premises: The East 119 feet of the North 60 feet of the South 110 feet of the East 158-1/2 feet of the SE-l/4 of the NW-l/4 of Section 12, Township 29 South, Range 15 East, except the East 50 feet thereof dedicated for highway purposes reserving to the City the right of access from Hercules Avenue to the West 40 feet of said tract and the right to lay necessary pipe- lines across the above described property. lEG'Al D!.;'SCI:L""(,"i; ~PROVED BY Ou".'-' /~ / tJ/cI/7f' ;;;:J,. r.:;"TE - TO HAVE AND TO HOLD said easement until June 1, 1992. I .) :,,1 -1- ",' ,_'f -- ------._-~. ~ ~, ~ ~ , I 37D-FLA-PINE-7 Florida agrees to continue in existence the chain link fence required to be constructed pursuant to the previous agreement dated July 8, 1959. Florida further agrees to continue the gates placed in the fence system constructed around the Meter and Regulating Station and to furnish locks for the gates and keys for certain specified employees to be used in case of an emergency. Florida further agrees to indemnify and at all times save Clearwater free, clear and harmless from all loss, cost and expense (including outlay for attorney's fees and other costs of making defense) of and from all claims and demands, whether valid or groundless, made by any third party/ies against Clearwater, because of any or in connection with any act of omission (actual or claimed) of Florida, its agents, representatives, employees, contractors or assignees, arising in any way from or in connection with the anticipated operation, maintenance, replacement, repair or removal, including, without limitation of the generality, those because of negligence or faulty material or workmanship, those for liens by third persons against Clearwater or its property because of labor, services, materials or any other subject of lien furnished Florida, and those by reason of failure of Florida to abide by any and all valid applicable laws, State or Federal, or regulations of governmental authorities thereunder, and Florida does hereby agree to indemnify and save harmless Clearwater, its officers, agents and employees against any claim or liability from or based on the violation by Florida, its agents, employees, representatives, contractors or assignees of any Federal or State laws, local by-laws, ordinances, regulations, or such orders and decrees as exist at present and those which may be enacted later, or bodies or tribunals having jurisdiction over the anticipated operation, maintenance, replacement, repair or removal. Florida further agrees to operate, maintain, replace, repair or remove the structures in an efficient manner commensurate with standards in the natural gas industry. -2- l'; I I 37D-FLA-PINE-7 Florida agrees to pay all ad valorem taxes, personal property taxes or any other type of taxes accruing by reason of the operation and maintenance of installations on the foregoing tract by Florida. IT IS AGREED AND UNDERSTOOD that Florida shall not have th~ right to assign any rights hereunder without the written consent of Clearwater. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. as to form tness.: -'\ V B City Manager ATTEST: :.. ......) 'orm"G~ f f2 cL .. Mayor-Commissioner ~~.LI.U~ -' ..-~ ATTEST: FLORIDA GAS TRANSMISSION COMPANY "'-':,11 hnl^ " _, '~?;t . l...A.'}~-::'i1:(./;1l~~ -- 1/ . S..cret;ary :~ ;4# /I~.~,""en' ~ -3- '" . .' -~ - . I .\ I 37D~FLA-PINE-7 STATE OF FLORIDA ) ) SS.: COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in ,the State and County aforesaid to take acknowledgments, personally appeared Anthony L. Shoemaker, Charles--F. Lecher, Thomas A. Bustin and Lu",ille Will iams to me known and known to be the persons described in and who executed the fore- going instrument as its City Manager, Mayor, City Attorney and City ~lerk respectively, of the municipality named therein, and severally acknowledged before me that they executed the same as such officers in the name and On behalf of said municipality. WITNESS my hand and official seal in the State and County aforesaid this ? ht-n day of November , 19~9 My Commission Expires: r~otr!i'f PLlb}ii:~ S~f)r-' ",:, n"r;;~ .,t t ~~r-~ ,~~ ' .. '~~" """-~,. ,_ l.(",,;..., 1'~'Y Comrms:;wn EXjJ!res Od. 3t 11){13 <>nJ~<l ~~ t\rnurl<:an I;jr~ 8; C~SU~lly Co;:.mpany ~~ 2:. A. oQ.~_: '. Notary Public' STATE OF FLORIDA ) ) SS.: ) COUNTY OF ORANGE I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared W. H. GILLETT and W. J. ABERWALD, to me known and known to be the persons described in and who executed the foregoing instrument as its Senior Vice President and Secretary, respectively, of the corporation named therein, and severally acknowledged before me that they executed the same as such officers in the name and on behalf of said corporation. WITNESS my hand and official seal in the State and County last aforesaid this ~t~ day of ,~ , , 19./3. My Commission Expires: NOtarv PuJAic, State 01 Florida at large My Commissioo Expires JURe 11, 1980 f10nded By Amllrican Firll & C,uualty; Complll!" ~t(j,~ .,.....' .,' Not3ry Pt]bJic -4- ~