FLORIDA POWER CORPORATION (6)
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THIS INDENTURE, Made this 5th day of June
A. D. 19 69 between CITY OF CLEARHATER, a municipal corporation,
organized and existing under the laws of the State of Florida,
Party of the First Part, GRANTOR herein, and FLORIDA POWER CORPORATION, a
corpqration organized and existing under the laws of the State of Florida,
with its principal place of business at 101 Fifth Street South, in the
City of St. Petersburg, County of Pinellas and State of Florida, Party of
the Second Part, GRANTEE herein.
WITNESSETH
A. ,WHEREAS, the GRANTOR is the owner in fee of a tract of
land in the County of Pine lIas and State of Florida, described on
GRANTEE'S Drawing No. V-199-S (hereinafter referred to as "drawing") dated
April 17, 1969 attached hereto, incorporated herein and by this
reference made a part hereof; and
B. WHEREAS, GRANTEE is engaged in the business of manufacturing,
transmitting and distributing electric energy to the public; and
c. WHEREAS, GRANTOR is constructing building(s) to be known as
SOUTH BEACH PAVILION
said building(s) being constructed in part or wholly on that portion of land
~escribed on said drawing (said huilding(s) and land hereinafter referred
to as "PREMISES"). In connection therewith GRANTOR has requested GRANTEE
to provide, at its expense, such facilities as are necessary to extend eledtric
service to said PREMISES; and
D. l~EREAS, GRANTEE will construct, install, operate and
maintain all facilities (hereinafter referred to as "FACILITIES") necessary
to provide electric service to the PREMISES and to the general public. The
type, ownership and location of said FACILITIES are shown on attached drawing;
and
E. WHEREAS, GRANTEE is desirous of obtaining an easement
covering the location, construction and maintenance of said FACILITIES,
all in accordance with existing local codes and the National Electrical
Safety Code.
NOW, THEREFORE, for and in consideration of the mutual benefits
hereunder and all mutual covenants and conditions contained herein, GRANTOR
does hereby grant and convey to GRANTEE, for such period of time as it may
require the use of the PREMISES or until the use thereof is abandoned by
GRANTEE, the right, privilege and easement to (1) locate its FACILITIES on,
over, across, through and under said PREMISES within the easement area
'shown on said drawing; (2) construct, operate, maintain, repair and remove
its FACILITIES and (3) attain ingress and egress to and upon the PREMISES
for the purpose of exercising rights and privileges herein granted.
u-The Parties hereto agree as follows:
1~ GRANTEE shall have the right to operate, inspect, alter,
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and privileges necessary and convenient for the full' use and enjo~-
ment thereof.
2. GRANTOR convenants to indemnify and hold GRANTEE harm-
less from any and all damages and injuries, whether to persons or
property, resulting from interference, from any means whatsoever,
with the FACILITIES.
, 3. Should GRAN'llEE' remove or ,abandon the use of its FACILI-
TIES, or fail for any reasonable period of time to exercise the rights
herein granted, then in that event all rights and privileges hereunder
shall cease and the easement, privileges and rights herein granted
shqll revert to the GRANTOR.
4. GRANTOR covenants that it has the right to convey this
easement and that GRANTEE shall have quiet and peaceful pos'session,
use and enjoyment of said easement.
All convenants, terms, provisions and conditions hereof
shall inure to the benefit of and be binding upon the Parties hereto
and their respective heirs, administrators, successors or assigns.
IT HITNESS,HHEREOF, the GRANTOR has caused these presents
to be signed in its name by its City Hanager, Mayor-Commissioner
and City Attorney and its corporate seal to be affixed, attested by
its City Clerk, the day and year first above written.
Signed, sealed and delivered
, in the presence of:
Loui se Ahren:s
Attest:
Kath~yn C. Green
Approved as to form and
correctness:
R. G. Wnitehead
City Clerk
Herbert M. Brown
City Attorney
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STATE OF FLORIDA
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COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 5th
day .of
June
A.D, 1969) before me personally appeared
M. R. Stierheim,
H. Everett Hougen and R. G. Whitehead
respectively City Manager) Mayor-Commissioner and City Clerk of the CITY
OF CLEARWATER) FLORIDA) a municipal corporation of the State of Florida) to
me known to be the persons described in and'who executed the foregoing in~
strument' to the FLORIDA POWER CORPORATION) and severally acknowledged the
execution thereof to be their free act am deed as such officers) for the
uses and purposes therein mentioned; and that they affixed thereto the
official seal of said corporation) and the said instrument is the act and
deed of said corporation.
WITNESS my signature and official seal in said County and State)
the day and year last aforesaid.
(NOTARIAL SEAL)
Isl Lucille Rpll
Notary Pub lic
My Commission Expires:
Rotary Public, State of Florida at Large
'My Commission Expires Oct. 22, 1970
~ond.d By American Fire & Casually Co.
.
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