LETTER OF AGREEMENT RE NATURAL GAS
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HOUSTON TEXAS GAS AND OIL CORPORATION
P. C. BOX lD4CD
ST. Fl'ETERSBURG 33, F"LCRIDA
May 1, 1959
City Commission
Clearwater, Florida
Gentlemen:
The Houston Texas Gas and Oil Corporation, in conformance with
the resale service agreement executed April 15, 1957 by the Mayor and
the, City Manager of the City of Clearwater and the President and the
Secretary of the Houston Texas Gas and Oil Corporation, is agreeable to
and is prepared to construct meter and regulator stations fGr the
delivery of natural gas to the City of Clearwater at the following two
locations:
(1) At the approximate city limits of Clearwater at the
Northwest corner of Hercules Boulevard and Palmetto Boulevard extended,
(2) On the South side of Nursery Road approximately one
quarter (1/4) mile West of D,S. Highway 19.
This selection of sites and mutual agreement as to their
locations is in conformance with the service agreement which states
delivery shall be "at such point along the city limits as they presently
exis t as may be mutually agreed between Seller and Buyer".
These meter stations have been designed to deliver the maximum
daily and hourly quantities as specified in the above mentioned agreement
and as set forth in FPC Gas Tariff, Original Volume I, of the Houston
Texas Gas and Oil Corporation filed with the Federal Power Commission.
The construction of meter stations at these locations iscontingent
upon our receiving zoning approval from the county zoning authority, and
also upon our receiving necessary permits for the construction of our
transmission lines along the county roads and streets between the meter
station sites and D.S; Highway 19,
The cost of these installations, including cost of land on
Nursery Road; pipelines from the main lateral along the east side of
D,S. Highway 19 to the meter stations; meter station piping, equipment,
foundations, fences and miscellaneous expenses; and road and railroad
crossings will be paid by the Houston Texas Gas and Oil Corporation.
A site 50' X lOa' on property owned by the City of Clearwater at
the extension of Palmetto Boulevard and Hercules Road is to be provided
by the City of Clearwater at no cost to the Houston Texas Gas and Oil
Corporation.
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City Connnission
Page two
May 1, 1959
The City of Clearwater will reimburse the Houston Texas Gas and
Oil Corporation fifty (50%) percent of their costs for the meter station
installation on Nursery Ro~. These costs shall include, but shall not
be limited to, all costs and expenses incidental to the purchase of land,
cost of land, clearing, filling, grading, boring and casing of roads,
valves, tees, pipe,fittings, coating and wrapping meteria1; meter station
materials including pipe, valves, fittings, meters, meter runs, instruments,
instrument piping, foundations, supports, fences, gates, driveways,
painting; all installation costs including installation of pipe, casing,
valves, fittings,meters, instruments, coating and wrapping of pipe, valves,
and fittings, etc.
Should this proposal meet with your approval, we are prepared to
start construction upon receipt of all necessary permits.
Your early action on this proposal will be appreciated,
Yours very truly,
HOUSTON TEXAS GAS AND OIL CORPORATION
By
D. B. SPROW
EXECUTIVE VICE PRES IDENT
Accepted and approved this 1st day of May 1959 subject to the following:
I. All costs to City must be certified In writing by Houston and approved
by City Engineer prior to payment by City.
2, Both sites to be for exclusive use and benefit of City,
3. Title to South site to remain in Houston and title to North site to
remain in City; reciprocal and appropriate use agreements or easements to
be executed by Houston and City,
Approved as to fonm and correctness:
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. Ci\ City Attorney /
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CITY OF CLEARWATER, FLORIDA
By, d A_ Q erf)?:;;~ tJ
r<'::/ City Manager
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COUNT~GNEO: ,
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AGREEMENT
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THIS AGREEMENT, made and entered into this J-
day of
, 1959, by and between the CITY OF CLEARWATER, herein-
as "Clearwater", and HOUSTON TEXAS GAS AND OIL CORPORATION,
a Delaware Corporation, hereinafter referred to as "Houtex",
WITNESSETH:
THAT, WHEREAS, Clearwater is the owner of certain property within
Pine lIas County, Florida, commonly referred to as Clearwater North Gate
Station, and
WHEREAS, Houtex has a contract with Clearwater for the sale of
natural gas to Clearwater for a period of twenty (20) years from the date
of first delivery of natural gas to Clearwater;
WHEREAS, delivery of gas by Houtex to Clearwater will commence at
Clearwater North Gate Station;
WHEREAS, Houtex desires to locate its Check Measuring and Odorizing
Station at the Clearwater North ,Gate Station belonging to Clearwater;
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 Houtex an
easement, together with ingress and egress thereto, to construct, operate,
maintain, replace, repair or remove its Check Measuring and Odorizing
Station for receiving natural gas from Houtex at the following described
premises:
The East 119 feet of the North 60 feet of the
South 110 feet of the East l58~ feet of the SEt
of ,the NWt of Section 12, Township 29-South,
Range IS-East, except the East 50 feet thereof
dedicated for highway purposes reserving to the
Ci ty the right of access from Hercules ,Avenue to
the,West 40 feet of said tract and the right to
lay necessary pipelines, across the above described
property.
TO HAVE AND TO HOLD said easement for s period of twenty (20) years from
first delivery of gas by Houtex to Clearwater or so long thereafter as
this easement may be extended or until the point of delivery of natural
gas by Houtex to Clearwater is changed, whichever first occurs.
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Houtex agrees to construct at its cost and expense, prior to
construction of its check measuring and odorizing station, a chain link
fence, six (6) feet high, with a one (1) foot overhang, at a forty-five
(45) degree angle, to enclose the easement granted Houtex together with
such gates as Houtex may deem advisable, The gates are to have locks,
and specified employees are to be furnished keys so that they may aid
in an emergency~
Houtex 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 or omission (actual or claimed) of Houtex, its agents,
representatives, employees, contractors or assignees, arising in any
way from or in connection with the anticipated construction, 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 Houtex, and those by reason of
failure of Houtex to abide by any and all valid applicable laws,
State or Federal, or regulations of governmental authorities thereunder,
and Houtex 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 Houtex, 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 construction, operation, maintenance,
replacement, repair or removale
Houtex further agrees to construct, operate, maintain, replace,
repair or remove the structures in an efficient manner commensurate with
standards in the natural gas industry.
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Houtex agrees to pay all ad valorem taxes, personal property
taxes or any other type of taxes accruing by reason of the construction,
operation and maintenance, of installations on the foregoing tract by
Houtex.
IT IS AGREED AND UNDERSTOOD that Houtex shall not have the
right to assign any rights hereunder without the written consent of
Clearwater.
Executed this
Approved as to form
and correctness:
gr!
Ci ty Attorney/':-" ~
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AT1E:~~/L~L~
E~P. Shapahan, Asst. Secretary
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day of
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, 1959.
CITY OF CLEARWATER
By
Her~.Vi President
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STATE OF FLORIDA
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COUNTY OF PINELLAS
I hereby certify that on this day before me, an officer duly
authorized in the State aforesaid and
in the )funty aforesaid to take
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, to me known and known to be the
aCknOWledgmen~erSOna11Y appeared
and (fI ~-.J..~ /
persons described in and who executed the foregoing instrument as its
~ President and ~. Secretary, respectively, of the corp-
oration named therein, and severally acknowledged before me that they
executed the same as such officers in the name and on behalf of said
corporation.
said this
WITNESS my
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hand and official seal in the County and State afore-
day of ,-V ~ ,1959.
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My Commission Expires:
~lIrY Public. Stale of Florida allarge;
f!I'1 CommissiOll El<pireo March 19, 1963,
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STATE OF FLORIDA
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COUNTY OF P INEI,LAS
I hereby certify that on this day before me, an officer duly
authorized in the state aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Alex D. Finch, James R. Stewart
and R. G. Whitehead
, to me known and known to be the
persons described in and who executed the foregoing instrument as its
Mavor, City Manager
an<City Clerk ~ respectively, of the
municipality named therein, and severally acknowledged before me that they
executed the same as such officers in the name and on be~alf of said
municipali ty.
said this
WITNE~
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hand and official seal in the County and State afore-
day of October
, 1959.
My Comn.is~jon Expires:
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--'Notary ioY1lfc, Slale of FloridJ at LarR'
:. f'...1.y~Corii~'5:E10n Exoires Dec. 27, 196~
.:.- Bond~ ..Qi;Amencan Surety Co. of ~'" (.,.
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HASCHE ENGINEERING COMPANY
P. O. BOX S69
JOHNSON CITY, TENNESSEE
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HASCHE GAS REFORMERS
August 19, 1957
PHONE 1349
Mr, Jack Tallent, CityMAnRger
Post Office Box 1348
Clearwater, Florida
Dear Mr. Tallent:
W~.J!.l'e!~ rElceipt of contracts, in duplj(l~, executed by Officials of the
City of Clearwater, Florida, covering the furnishing of all materials and
equipment, together with specified services for reforming equipment for
gas conversion for the City and for the furnishing of all materials and all
labor to provide vaporizer and boiler complete with controls for the Gas
Plant at Hart Street, Clearwater, Florida.
We have executed these contracts and return herewith one copy of each,
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We also attach to each contract performance bonds covering these contracts
which we return unexecuted for the reason that addendum 1 to specification
on the contract for reforming equipment specifically states that no performance
bond is required, and addendum ,2, to the specification for the vaporizer and
boiler states that requirements of a performance bond and bid bond are to be
deleted.
W ealso return herewith letter from your City Attorney addressed to you
which came to us with the documents.
Yours very truly,
TFD/mw
Enclosures
HABCHE ENG~G, C"Ol\!lPANY
J;/ 11>/C~1
T, F. Dooley, Secretary-Tyeasurer
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FROM:
COPIES:
SUBJECT:
DATE:
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FI~~e~!e"?~r~~e~ ~;,~R
City Manager
City Attorney
Purchasing Dept. and Utilities Dept.
Contract - Hasche Engineering Company
8/26/57
Attached are original executed contracts with Hasche
Engineering Company cOKering vaporizer and boiler and
reforming equipment for gas conversion.
Also attached is letter from Hasche Engineering Company
indicating that no performance bond is being furnished
for the reason that the specifications as prepared by
the City had an addendum providing that no performance
bond is required.
The contracts and the letter should be filed among the
City records.
It is my recommendation that all such future contracts
should contain a provision requiring both performance
and payment bonds.
Att.
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DRAWINGS IN FILE