06/10/1940 (2)�
tha�G �vhen sucL- intez�rup�ion of aerviae h�1s been coir�c'ted,
t2ie Company shali have tha ri�ht tn roaanneot its aervice
to the circuits supplyin� tihe wa�er pum�in� stati,ons and
gas p1�nt, and the Pr,unicipality will ir.�mediately rosiune
�taking service from the Company.
VI.
I�G is iurther co�enanted and agreed thr�t �l�.e
Company shall not be lieble for damage ox injur3T to persoa.s
or propert�r arisin�;, -occurring oi resultisg in the recej,vin�f
use or application af electric ener�;y ar operation of
rnachinery or equi,�ment on the Piun3cipality's s3de of thc
points of delivery (excapt as hereinafter provided �n the
miscoizduct or ne�ligence on the part of the Company in the
operation and maintenance oi averh,ead street li�hting system),
and the �unicipality shall not be liable for�anage or injury
to persons or property arising, o�curring or resulting in the
construction, mair_tenance and operation oi the Conpan�'s lines
and equipment on �he Companyps side of tue points of delivery;
�n d the Company and the T:unicipality shall holcl and saVe
each other harmless against such loss or damage sustained on
their respeetive sides of the points of delivery.
VII.
It is i'Lrther covenanted and agreed that the 11�iunici-
pality at any reasonable time, upon notice to the Co�nany, shall
have the ri�ht in the presence of an of:ficer, agent or designated
emp7_oyee ef the Company to read and checic the Qompany's meters
and�b•r meteri�g equipment, should it so desire, anLL �hould there
be' any disagreement as to the correctness of readings and/or
accuraoy of said meters cr metering equipn�.ent, the parties here-
to shall jointly test said meters, but it is hereby a�reed that
the said meters and/or metering equirmen� shall. be considered
ti+�ithin the -�er cent avera�e accuracy provided calibration is
within two per centum (2 0) of accuracy. " Should the r�eters be
beqond the said. ran�e of accuracy, an adjustment shal]. be made
based on the average of the three months' consumption immed-
iately priar to the period in queation, but no adjustment ghall
extend over a periQd of more than three months.
VIII.
It is furthQr covenanted ana agreed that inasrnuch as
the Co�:_�any owr_s the existing overhead st�eet Tighting system
ancl equipment and the rlunicipality owns the existing ornamental
post street lightin� system, the rate for energy hexein stipulated
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sha11 include the maintenance by the Company, at its cost
and expense, of the said overhead street li�hting system and
' equ3.pment and repl.acement of larrm bul.bs in its ov� system and
and in that of the Niunicipality, p.rovi3ed, however, that lamP
buZbs mr�liciously and willful7.y broken by unknown persons
shall be paid f or by the iSunicipality at coat pxice; and it
is further understood and agreed �hat upog wra,;;ten request
of the P�unicipality the Compan.y will maintain the ornamental
�ost stree� l�.ghtin� system of the ZvT�unicipaiit� now existing,
or such additions a s hereafter nay be installed by the
r�Iunic3gality, on a basi3 of cost plus ten per cent (10;�),
It is furthex a�reed that the 2�2�nicipality ressrves
the righ� to speclfg the candle poiver of lamps to be used
and to regulate the hours of burning of said street lighting
systems,
IX.
Tt is further coven2.ntecl and agreed that upon season-
able notice from the �.iunicipality, in writing, the Gompany
s�ill transfer any lamp installation in the overhead street
lighting syster� now existing or as hereafter may b� added,
and instalZ tb.e sane in any other locati�n in the existing
system, provided, however, that the T?unicinality tivill v,rithin
�hirrt;y days aiter the corapletion of the transfer and re-install-
ation of said lam.p or lamps, reimburse the Company for the
actual cost, irtcludir� transfer and re-installation of poles,
erossarms, wires and fi-stures.
The Company further agrees that, upon written notice
from the I.iunicipality, it ivill install additional lamp or
lamps to existing qverhead street lighting system, providefl,
hovaever, that it shall nnt be required to extend its lines,
change its ci.rcuits or install any poles for the addition
of any said i.amp or lamps. The Company, hotvever, agr'ees
that uPon written request from the T;:unicipality Por additions
to the overhead street lighting system re�uiring the extens�on
01,' its wires and/or i;he addition of poles, the Gompany, upon
receipt of such notice, will make estimate of the cost so
that the Compa��y and the i�funicipality may consider and agree
upon the alloeation of said cost between tl�e Company and the
2�iunicipality; the Company, ho�rever, agrees in estiTnatino said
cost to a11o�v 300 feet of circuit (conductors and i�sulators
on1j�) without cost to the P'unicipality far each additional
larsp installed, and any cost �'or addit;ional�oles paid for
by the T'unicipality shFall be refunded to the Z�<<unicipality
when such poles r�re used fox commarcial circuits.
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It is further a�a eed tlzat the GanipanU 4vi11 usa all
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reasqnable care and d�,li�enae to pr�vide tiie I.Iunicipality
witli an unintexia::vted supply af elaotric enax�y Wlien i� is
renuired by the Irunicipality, but it will not be responsible
for interr�;�ted service vthich may occur frar.i time to tirue on
accoun.t of dama�e to any port�ion of its r�acliinery ox equipment,
and if service shall Ue defective or be in�Gerrupted or fail 'ny
reason of acts of God, or by the acts o� persons or cixoumstan-
ces over which the Co�pan;� has no control, or by any emeg�r-
gencies in ti^�liich the Company may be compeli�a to act i;o prevent
injuries to lifey person ar property, except upon �viilfull
default of the Campany, the Company shall not be liable for
any loss or d�Taage resulting th�refrom, but in the event the
supply a� energy �hall be interrupted, the Gompany vaill
exercise al1 reasonable diligence to remove the c�use of
interruntion fro� v��hatever source and to resume the normal
sunply of energy as quic�l.y as pc�sible.
XI .
Zt is further covenanted and agreed that the Company
shall assume all liability for damage or personal injury
catused by its negligence in cons'Gruction, oAeration and
maintenance of said �verhead street lighting system, but
the Company shall not be liable to any inhaUitant of the
2,�unici�ality or to any other person, firra or corporation,
ior any claim, demand, loss or damage of whatsoever nature
or c�aracter due to or arising out of any failure or
interruption oP lighting service hereunder; that nothi��;
ir_ this agreement expressed or implied is intended or shall
be construed to confer upon or give to any inhabitant or
citizen of the I,Funicipality or to any person, firm or
corporation ather than tl�e parties hereto, any ri�ht, remedy
or claim r�nder or by reason of this a�reement or any covenant,
condition or stipulation hereof; and tY:at all covena.nts,
�tipulations, pramises and a�reements in this agreement
contained for or on behalf o� the Company sha'l1 be for �bhe _
benefit-.�f t;he narties::hereto.
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It is further agreed that if bp any lawful authority,
F�deral, Stabe or P.4unicipal, there shall be imposed upon t}�e
Company any KVIH generation, sales ta� rpr grass r�eve�ue ta�,
in ad�iition ta those now in effect, which shall increase the
Campany's cost ot servin� the I:;unicipalit� under this agree-
ment„ the sai.d tax shall be added to the rate stipulated in
Para�raph I2 hereunder, ln the event that the Compan�
requires said ta� so imposed to be paid by its other customers
served in the City of Clearwater, then thei:lunicipali�y agrees
to assume and pay the said ta�; �vhich shal]_ be aa.a�a to the
rate st'ipulated. In �he event the Company does not require
the tax so imposed to be paid by its other customers served
in the City of Glear�:�ater, and the T.Tunicipality is unwil�in�
ta acaept such i�crease in rate caused b� such t� imposed,
then the Plunicipality may rescind this con.tract and the
Company shall give the �uniciPality not less than six �nonth's
notice in rvriting before discontinuing the supply �f electric
energy i,o the r:Iunicipality.
It is �urther cavenanted and agreed {>hat �his agreement
shall become effective as of the lst day of T._ay, 1940, and
shall be in full force and efieet from the lst day of 2.�ay,
1940, to the 7th day oi ii�arch, 1946.
TN �'!I�'23r�5S fi�REdF, the CSTY OF CL�t���T�, has caussd
its name to be hereun�o subscribed by the City P;ianager o�
said City, confirmed by the iv.ayor of said City ard attest.ed
by the City Clerk on the day and year first above yvritten;
and the iZOFiIDA POL`IEk C(?RPQRA^1TON has caused this agreement
to be executed by its President and its corporate seal to
be hereto affixed and attested by its Secretas�T, the day and
year first above written.
GIZ`ir OF CLEAR;'�AT�
H�:
City h�anager
Signed, sealed and deliver-
ed in the presence of:
�y:
P�.ayor Commissioner
ATTESTt
City Clerk
Approved as �to forrc and correctness
City Attorney
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(signatures on A�reement with Flor��da Power Ooxpc�ration--
continued)
Signed, sealed and �leliver= FLORIDA F0�1'E.R CORPORATION
ed in the presence of:
By
President
ATTEST:
Secretary
�IIBIT ng��
POPT�R SERVICE
EI,ECTRIC S�RVICE TO CITY OF GLEARWATER
Schec�ule or �?ain and R"�iscellaneous Power Situations, metered
separat ;ly, and connected as of I,Zay 1, 1940. The' KLNH con-
s-am�tion of this group shall be consoli�.ated and billea at
� the Power Rate.
1. Main Power Iueter for Gas Plant and �'�ater Pumping Utations
served i'rom masLer-metered power circuit.
2. t'later Pump - Gulf to Bap Blvd, ancl fiighland Ave.
3. Sewage Disposal Pump - �"ioodlawn and Cross Lane
4. " " " - Pinellas and P1ant St,
5. " " �t - Osceola at Tdicholson
6. '� �' t� - taIarshall and Bay
7. " " fP - Lantana Avea
8. „ �e tr _ i�fandalay Ave.
9. " " " - Drew and Carlouel
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10. " " �' - 2Jlarshall Stre'et
11. Causeway Drawbridge
Compensation for Line and Transf'orner Zosses:
10� will be added to the total h'�VH consumption of
Items 2 to 11 ir_clusive.
Additional Service:
k'or situations, 'simi.iar to the abc�ve, not served from
master-metered p�wer cireu�t, connected subsequent to
?�ay 1, 1940, and to be consolidated for billing purposes,
10;� will be ad�ied to total Ki,'7�I consumPtion of each
situation to cc;�;.ppnsate for line and transformer los�us.
EY>HIBI`JT f}gn
L2GFiT�QG SEftVTC�
��CTRIC SERVICE TO CIT"� OF CI,7±A.R�`7kTER
Schedule of Street Zightin� (Ovex�ead a�d Ornamental Post)
and i�iscellaneou� Li�hting Situations, �etexed separsi�ely,
connected as of r:;ay 'l, 19�0. The K'IJH cons�unption of this
�ror,r� shall be consolid�ted and billecZ at t;he Street Li�ht-
ing Rate.
�. P'ain Street Lighting �:Ieter fox Overhead and Ornamental. Post'
Li�hting Systems
2, Causev�ray PJhite 'fday
3o Cause:�va;� Bridge Lights
4. Seminole Street Pier
5. Traffic Signal - Sunset Poi�t Drive
6• " " - i�rew S�:. and NortY� Ft . Narri s on Ave.
'1• " " - T;iand�lay Drive - Clearwater Beach
=• " " - 4loodlaznm and South Ft. Harrison Ave.
g• " 1° - Druid Road at South Ft. Harrison Ave.
1Q• " !' - Turner St, and South Ft, Harrison A�e.
11. " " - Haven St. and South Ft. H�rrison Ave.
12. 4Yhite pJay at S. A. L. R. Ra Depot �
13. Flood �ight ing - Brooklyn Fiela
14. Club House - " +�
15. Flood Lighting - Green Field
16. Club House - �r rr
17, Flood ZightinG - Colored Ball Park
18. Shuffleboard Court - Overbrook
19. " " - City Park
2�• " " - Seminole Street
21. Public LiUxary
22. Fire Station and J`ail
23. [�l, P. �, ti"Torkroom - Park S�reet
24. t,�unicipal Auditorium
25� �f �� - �it Lights
26. i�?unicipal Tennis Courts
Z7, Gity Park - Conmunit;� HouSe
28. n n - V.I+',VJ> Bu1ldiTig
29. " " - New Bowlin� Court
30. Flood I,i�hts - Belmont
31. Fire Stat ion - Iliandal�zy Blvd.
32. Colorey Playground - I,fadison Ave,
AdditYonal Services The K'rrE consumption of situations similar
to the above (Citz,j' Hall and �hamber of
Co:nmerce excepted), connected subsequent
to LUiag 1, 1940, wi11 be consolidated and
.billed at the Street Lighting Rate.
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STATE OF.FLORIDA j
COIINTY OF PINELLAS)
Personally �zppeared before me, the undexsi�ned
authority, this _ of June, 1940, F. L. Hendrix,
E. B. Casler, Jr, and J. Fxanl� Hamr.ick, �o me well known
to be the Cit� D2anager, the ltiayor and the Clerk, respectively�
of the City of �learwater, Florida, and aclaiowled�ed that they
executed the fore{�aing instrument as such, for flnd on behalf
o� �he said City of Clearwater, Florids, f,or i;he uses and
puruoses �herein e:cpressed, and that tiley did so uncler and by
virtue of authority lawfully conferred u�u�� them und�r the laws
of the State of Florida; and that the seal annexed tiieret4 is
the t�ue and genuine corporate seal of the City of Glearwater,
Florida, '
��1I7�IESS �y hand and official seal ti�e data aforesaid.
' ldatary Public
l�.�y commission expires: 2�;ay 16, 1943
STATE OF FLOR'.1�A )
)
C OIJPd'!'�: OF PIIv �LZ�1S )
Persona7.'ly appeared before me, the undersigii�d
author i ty , tlri s day o f J'une , 1940 ,
and , to me well icnown to be the Presidsnt
and 9ecretary, respectivel�, of I'lor.ida Pow?r Corporation,
who severally acknotvled�ed that they executed the fore�;oin�
instrument as said oificers for and on behalf of said corpor-
ation, for the purY�oses and uses t�erein expresseda and that
they did so under and by virtue of autlzority l�v�fully con�erred
upon them by said corporation; that the seal annexed thereto
is the true and genuine corporate sea'1 of the corporation, and
was affixed thereto by the Secretary, he being the proper
custodian theraof.
4YITN'ySS niy hand and official seal the date aforesaid.
T.Ry coramission e:�piresc
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Zd�tary �ublic
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E A S E M E N T
STATE OF FLORIDAt ,
COUNTY OF PINELLAS �
THIS AGREEP/fENT, Made and entered into, in
duplicate, this, the 1Oth day of J'une A.Da 19.40, by an.d
between the WEST COAST FRUIT C01JII.'ANY, a corporation,
party of the fii st part, and the CIT`.£ 0�' CLEAR�"IATER' a
Municipal Corporation, of the County of Pinellas, Stats
of Florida, party oP the second part;
WI�`NESSETH� That the said party of the
first part, for ,and in consideratian of the sum of Ten
Dollars, (�10.00}, and other gooa ana valuable consider-
ations, in hand paid by the said party of the second part,
the receipt whereof is hereby acknowledged, doth hereby
grant to said party of the second part, its suecessors
and assigns, for a period of thirty (80) years, or until
tne bonds and/or sewer revenue certificates issued by
the �ity bi' Clear�r�ater to Finence the cost of' construction
of said sanitary sewer systsm are retired, an easement ten
(].0) feet wide and extend.ing diagonally across the property
oi the party of the first part herein described for the
operation and maintenance of a specifia sanitary se�ver
, line novJ being constructed and owned by said party of ti�
, second part, in and unon the hereinafter'described reaZ
� � estate, with the fu11 and free ri�ht, liberty and authority
to enter upon and to construct, repair, install and operate
the said sanitary setiverage line owned by said partg of tl�
� second part, and to maintain a��d repair the same'in and upon
. ' the said strip of land, :,ein� ten (10) feet in width, situate
in the City of Clearwater, County of Pinellas, and atate of ;
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Flori.da, described as follows, to-tivit:
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Be�in at the center line of �oxt
Harrison Avenue as it no�v exist:,
thence East l49 feet �long the
Nortl� line of Lot l of Guli View
Subdivision, as recorded in Book 5,
page 36 of the publio records of
Pinellas County, Floridt�_� to the
aenter of a 10 foot strip of land,
thenae along the center of said
s �rip, South 61. ]. feet, thence /to
the right 3° 06' a distanae of 300�5
feet to ths North line of A Street,
said po3.nt being 132 Pea� Erxst of the
. . Center line o� Foxt Harl•ison Avenue,
(as it now exists), along the North
Line of A Street.
IT IS FiEREBY STIPITLATED AND AGRE�D by
and between the respe^tive parties -that in the event tne
party oP the Pir^t part should, desire th� removal of the
sanitary sewer line from the aforesaid prem3ses prior ta
the ternination of this easement as hereinbePore �rovid-
ed, then and in that event tiie sfiid sanitary sewer line
shall be removed; provided, however, that the party of
the first gart shall have �he right at his ov�m expense '
after �ifteen (15} d�y's notice to the party of the
second part to remove the said sewer line to a dif�erent
location on the property owned by the narty of the first
part or to property ow�ned by the p�rty of the second part,
to-v�it: strests or al].eys, or upon propsrty o�vned by other
persons, arovided the party of the iirst part snall ac�uire
an easement ten (10j i'eet wide and extending the entire
distance and connect the same back to the present or then
maintainad lines of the party of the second part; it being
distinetly vnderstood and agreed between the respective
parties hereto that in the event the party af the f irst bar��;
shall desire to move the sevaer line from tlie easemerLt hereby
granted to a new locati�n tha t th� respe�tive parties
hereto shall agree on the new location, tne method arid manner
oP �onstruction oP the same and the material used shall be
oi aimilar kind and character to the ma.terial.s u�ed in the
construction of the original sev�er system to be approved by.
the party of the second part; and the pa rty of -Lhe i:irs� part
shall Purnish to the par ty pf the second par� satisi'actory
evidence that the pr.oposed n�w location oP the,said sewer
1 ine is either owned by the party oP the second part or that
y�e p�rtv o� the first part has acquired an aasement equivalent
and upon like terms as herein provided and hag i'ull right and
lawrul authority to tra,zsYer the eassment right t� �he party
of the second part for said sanitary sewer line in its new
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location; or the perty oY the second part shall upon the
ae��a o£ tne pariy of the Pirst part accompanying the demand
v��ith a deposit oP�suPPicient monsy to cover the expense oP
removing and relaying •the said sewer line irom points oP
connection at this time over the new rou�e and to the other
end of connection, an�l upon the party of the first p�•rt
�urther supplying to the party of t�e second p�rt satisractory
proof that he has secured all easement righ�ts nee3ed b y the
party o.i the seconcl paxt Por the purbose of laying the said
setiver line upon like terms and conditions as set Porth in
this a�reement, that then an.d in that event the party of the
second part w.', _l remove the said sewer 1,3n� upon the said
firteen (15) dags' notice and upan �the completion of the
undertakings on the �art of the �arty oP the Pirst part as
contained in this paragraph.
It is distinctly understooc? and agreed between the
respective parties th?t upon the lapse oP thirtp (30) years
from the date of this agreement, or upon the paymem� of tha
bonds and/or se�ver revenue certiPicates, issued to finance the
cost of the construction of said sani-�ar� sewer line the Gity
agrees upon 180 days' notice, in rvriting, to remove said
sanitary sewer line from the aPoresaid pre�ises.
IT IS F[7ftTI�R �GR�ED between the respective parties
that in the event the sanitarg sewer line shr�uld at an� time
be abandoned or discontinued by the sai.i narty of the second
p.art prior tq the time set forth herein for the termination
of this easemen�t then and in that event all rights acquired
by tile gart�* of the second part in and to the premises herein-
before described shall cease and determine,
It is hereby specifically agreed that no taps may
be made off the sewer line within the premi3es owned by the
gran'tor, except for the benefit of the land a�uttin� this
sewer line that is now o�vned by the grantor.
Said paxty of �he secozi�z part shell have the
right of ingress and egress through said strip of land for
the purpose oP repairinn, operating and maintainin� the
aforesaid sanit�xy se�ver line otivned by said party o� the
second part.
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Party of the first part hereby covenants with the said
party of the second part that it is law#`ully seized in
fee and is the owner of the real property above desoribed
• and has full right and lawful authority to execute this
agreement.
IN_LrZ'�."�tESS' V,'HEREOF, the said paxtp of the first
part has cause;d this easemer_t to be ��_c;cuted in its name
and on its behalf by its President, attested by
its Secretary, the day and year first above written.
�NEST CDAST FRUIT COI�'IPANY
BY
4TTEST•
Secretary.
SIGNED, SFALED AND DELIVERE�
IN T� PR�S�tCE OF •
�STAmE OF FLORIDA, .
GOIINTY OF PINELLAS
Before me, the undersigned authority, personally
appeared
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to me weii �,.own an.a l�own tn me to be the per son who
executed the foregoing EaaemEnt, and he acknowledged before
me tn.at he e�ecuted the same in his official capacity as
President of', and Po r and on behalf of the
S�',IEST COAST FRUIT COTVLPANY, a corporation, as the f'ree act
and deed oY said Corporation, ior the uses and purp oses
therein expressed.
TN INITNESS V�R�OF, I have hereunto set my hand
and official seal, this, the day of A.D.1940.
No�tary Publi�y State of Florida
at Zarge.
' My Comtnission Exp$resc
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STATE OF FZORIllA }
COUNTY OF PINEZI,AS )
�N�'N ALL i�2EN BY Tf�SE PkES�TS: That I, BEATRIG'�
C. JTJDIffNS, for and in consideratj.on o� the sum of �1G.00,
and other good and valuable cons3derations, in hand paid
to me by Wrest Goast Fruit Company an� the City of Clearwater
Flor.ida, receipt of �vhich is hereby acknowledged, being th2
owner and holder oP that certain mortgage d�ted December 31st
1937, filPd for record February 7th 1938, and reeorded in
the public rec<ords of Pinellas �ounty, Florida, as Tnstrument
�55448, said mortgage being in the principal siun of �1000.0�
covering the �iroperty described in th� above and �oregc�ing
easement, do hereby con�ent �nd agree to the ebecution a�
the above �nd Poregoing easement, bearing date of the lOth
day of June 1940, by snd between �i'est Coast Fruit Co�pany
and the City of Clearwater, rlorida, a Municipal Co.rporation.
I further consent to alI of the terms, provisions, and con-
ditions as contained in,the above and ioregoi�g easement,
anci hereby signifg my approval thereof and full authorize
the execution of the same by V'lest Coast Fruit Compen;�; and
I do further waive and relinquish ang right, title or
interest in the r�al pronerty described in the easenent re-
ferred to herein in so far as the same ma�y be a�feeted by
the mortgage rshich I hold against said pr operty, providEd
however, this waiver and agreement shall become null �nd void
in the event said easement is ever abandoned or not used by
the City of Clearwater,
L�T yvI2'_VESS t�VFLFREOF, I have hereunto se�t my h�rid and
aealy this the sra aa� of Julp A.7D. 1940.
{ si$ne a ) BE.9TRICE C ��Ns (;,�, �
Signed, sealed and �elivered
in the pxesence of:
�Si�ned) Mildred E.Moore
(Si�neclj Pau1 F.Randolph
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