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FLORIDA POWER CORPORATION (6) i-lC(.i) ~ '.,.~ 1 t ];!E,];!:!];!!! 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, .1., ~____ "'''''TTTmTT:'I''' ...____...L....._ .....r..t.. ..1-._ ""~_ht-t' ~:,,"':ht! "'I'" '.l~, ') 'iii ...' '.' " 'Ii- !t~ !,~. ~; , I .# ..... ~ 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 -'.' , "', ", I I STATE OF FLORIDA ) )S8. ) , 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. . - 3 -