Blk 49/CITY of OKEE/FPUC to Flo Gas/Alley Lease 111111 IINI 11111 11111 1111111!111111 IIII
FILE NUM 2013002045
OR BK 00726 PG 1480
SHARON ROBERTSON, CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY, FLORIDA
RECORDED 02/28/2013 11:12:12 AM
Brandon E. Kepple, Esq. RECORDING FEES $78.00
BAKER&HOSTETLER LLP RECORDED BY G lleubourn
Pss 1480 - 1488; (9ass)
200 South Orange Avenue
SunTrust Center, Suite 2300
Orlando,Florida 32801
(407)649-4000
ASSIGNMENT OF LEASE
THIS ASSIGNMENT OF LEASE (this "Assignment"), effective as of the c day of February,
2013 (the "Effective Date"), is entered into by and between Florida Public Utilities Company, a Florida
corporation (the "Assignor") whose address is 909 Silver Lake Boulevard, Dover, Delaware 19904, and
Flo-Gas Corporation, a Florida corporation (the "Assignee"), whose address is 909 Silver Lake
Boulevard,Dover,Delaware 19904.
WITNESSETH:
WHEREAS, Glades Gas Company, a Florida corporation n/k/a Glades Gas Company of
Okeechobee, Inc. ("Glades Gas"), entered into that certain lease by and between Glades Gas and the City
of Okeechobee,Florida,a Florida municipal corporation(the"City")dated June 14, 1977(the"Lease"),a
copy of said Lease being recorded September 24, 1980, in Official Records Book 237, Page 393, Public
Records of Okeechobee County,Florida;and
WHEREAS,the Lease is for the following described property(the"Leased Premises"): A portion
of an alley 15 feet in width lying in Block 49, City of Okeechobee, according to the plat thereof, as
recorded in Plat Book 1,Page 10,Public Records of Okeechobee County,Florida,being more particularly
described as follows: Beginning at the Northwest corner of Lot 17 of the said Block 49, bear Easterly
142.50 feet to the Northeast corner of Lot 19;thence bear Northerly 20.00 feet to the Southeast corner of
Lot 8;thence bear Westerly 142.50 feet to the Southwest corner of Lot 10;thence Southerly 20.00 feet to
the Point of Beginning;and
WHEREAS,Glades Gas assigned the Lease to Assignor pursuant to agreement dated February 4,
2013;
WHEREAS,Assignor desires to assign the Lease to Assignee,and Assignee desires to accept the
assignment of the Lease;and
WHEREAS, the City has consented to this Assignment, as shown in Exhibit"A"attached hereto
and incorporated herein by reference.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, Assignor hereby irrevocably assigns, transfers and sets over to Assignee all of Assignor's
right,title and interest in and to the Lease.
This Assignment is delivered and accepted upon the following terms and conditions:
I. Assignee hereby assumes all conditions and obligations in connection with the Lease,
arising and/or first becoming due and payable after the Effective Date hereof.
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2. Assignor shall not be responsible to the lessee under the Lease for the discharge or
performance of any duties or obligations to be performed or discharged by the lessor thereunder after the
Effective Date hereof. Assignee shall not be responsible to the lessee under the Lease for the discharge or
performance of any duties or obligations to be performed or discharged by the lessee thereunder on or
prior to the Effective Date hereof. By accepting this Assignment and by its execution hereof, Assignee
hereby assumes and agrees to perform all of the terms,covenants and conditions of the Lease on the part
of the lessee therein required to be performed from and after the Effective Date hereof.
3. Assignee hereby agrees to indemnify and hold harmless Assignor from and against any
and all loss,cost or expense(including, without limitation,reasonable attorney's fees)resulting by reason
of Assignee's failure to perform any of the obligations of Assignor under the Lease after the Effective
Date hereof.
4. Assignor hereby represents and warrants only that it has not previously assigned the
Lease. Assignor makes no other representation or warranty in connection with this Assignment and,
except for the foregoing,this Assignment is made without recourse to Assignor.
5. This Assignment is subject to all of the terms and conditions set forth in the Lease.
6. All terms of this Assignment shall be binding upon, inure to the benefit of and be
enforceable by the parties hereto and their respective legal representatives,successors and assigns.
7. No modification, waiver, amendment, discharge, or change of this Assignment shall be
valid unless the same is in writing and signed by the party against which the enforcement of such
modification,waiver,amendment,discharge,or change is or may be sought.
8. This Assignment shall be construed and enforced in accordance with the laws of the State
of Florida.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;SIGNATURE PAGES FOLLOW]
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044743,000004,601918753.1
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IN WITNESS WHEREOF,Assignor has executed this Assignment as of this V clay
of February,2013;however,this Assignment shall be effective as of the Effective Date set forth
above.
ASSIGNOR:
FLORIDA PUBLIC UTILITIES COMPANY, a
Florida rporation
By:
evin J. Webber,Vice President
STATE OF I oc 1 Caw )
COUNTY OF I C)I - )SS.
•
The foregoing instrument was acknowledged before me this 11 day of February,
2013, by Kevin J. Webber, as Vice President of FLORIDA PUBLIC UTILITIES OMPANY, a Florida
corporation,on behalf of the corporation. He is personally known to me.
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ottaary Signa�� :) ,1 V
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(NOTARY SEAL) ( \ k _ I 11'��: 71 �' •
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NOTARY PUBLIC, ^, nO a
ANFORO Commission No. W
..,, TAMYKA 0 'Florida
�.�` 4''•,, Slate 0
iQ : Notary public SeD 20 2054
'?My Comm 11 996400
.1= 47 Commismon*0
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044743,000004.6o1918753.1
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IN WITNESS WHEREOF, Assignee has executed this Assignment as of this Li day
of February,2013;however,this Assignment shall be effective as of the Effective Date set forth
above.
ASSIGNEE:
FLO-G CORPORATION, a Florida
COMO on
By:
Name: Kevin J. Webber
Title: Vice President
STATE OF T- 1 orl )
)SS.
COUNTY OF PCD1 )
The foregoing instrument was acknowledged before me this 4 day of February,
2013, by Kevin J. Webber as Vice President of FLO-GAS CORPORATION, a Florida corporation, on
behalf of the corporation. He / She is personally known to me or U has produced
as identification.
11-60A
\ .l ,IA 1r :`t�.
otary ture) 1
(NOTARY SEAL) NT) `• 1. •
(Notary N- a Printed)
NOTARY PUBLIC.,�n ` /�� 1
,0- ,'s TAMYKA DANFORD 1 ul-tw
'���,� Notary Public-State of Florida Commission No.
„5.@j'�S0 My Comm.Expires Sep 20,2014 1
�:,',��o,�iid;.•' Commission#OD 996400
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044743,000004,6019113753.1
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Exhibit"A"
[See attached]
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044743,000004,601918753.1
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CONSENI',TO n.4lICsHI KNr OIa I.sASE
•THIS CONSENT TO.ASSIGNMENT OF LEASE is made effective this 5th day of
February 2013,by the City of Okeechobee,Florida('City of Okeechobee"),in favor of Florida •
Public Utilities Company,a Florida corporation("FPUC").and 17)n-Gas Corporation,a Florida
corporation("Flo-Ges").
WHEREAS,the City of Okeechobeq,as lessor,and Glades Gas Company Oda Glades
Gas Company of Okeechobee,Inc.,a Florida corporation("Glades Gas"),as lessee,are parties to
that certain Lease dated June 14, 1 977(a copy of which is attached hereto as Exhibit A, the
"Original Lease");
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WHEREAS,pursuant to Assignment of Lease dated January 15,2013 among the City of
Okeechobee,Glades Oas and FPUC(a copy of which Is attached hereto es Exhibit B),the City
of Okeechobee consented to the assignment of the Original Lease by Glades Gas to FPUC;
WHEREAS,FPUC desires to assign the Original Lease to its whollyowned subsidiary,
Flo-Gas and the City of Okeechobee,having thund that the refusal to grant peanisslou to assign
the Original Lease would carve no municipal purpose,desires to approve such aseiga>ment
THEREFORE,for and in consideration of the mutual considerations to each party to the
Original L ease, as well as the interests of the assignee to the lease,Flo-Gas, the arty of •
Okeechobee hereby grants permission for the Original Lease to be assigned byFPUC to Flo-Gas.
APPROVED.this 5th day of February 2013. .
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%.• • t / James B.Mr,Mayor
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• -"AT .Ste ' REVIEWED FOR LEGAL a CIB NCY:
J /' f •� II
• `,
13).A lZ..�•,t
Cane Oamiotee,« C,City Clerk Jolm R.Cook,City Attorney
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AS TO ' 'UC: AS TO FLO-GAS: •
Florida ' •lio Utilities Company Flo-Gas• , ••ration
/
By i ' By.
N:.. ' :�!kl!Ia�!1 Nanic MM4!
Title; f •1. . , 'Pitta i
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Exhibit A •
• LSE
THIS Azmilmnr mode this /4'/7day of
,! 1977, between the City of Okeechobee, Florida, a *ride emmicipaI
corporation, hereinafter referred to as Lessor, and Glades Cas
's Comp y. a corporation, heseineftor referred to as L4000ie.
UNEREAS, the Loseee is planning on expanding its
s �
present facilities, and
4 WHEREAS, said facilities adjoia the below described
f alley. known as: A portion of an alley 13 feet in width lying
in Block 49, City of Okeechobee, according LP the plat thereof
recorded in Plat Book 1, page 10. of the Public Records of
Okeechobee County, Florida; Being more particularly described as
s fellow: Beginning at the Northaraat earner of Lot 17 of the said .
Block 49, bear Easterly 142.50 feet to the Northeastt corner of
Lot 191: Thence boat Northerly 20.00 feet to the Southeast corner
i of Lot 8; Thence bear Westerly 142.50 feet to the Southwest corner,
of Lot 10; Thence Southerly 20.00 feet to the poir►a-of•begintsing;
and
WHEREAS, the Lessee wishes to utilize the alleyway
s '
T ` for a parking and4forage urea. and
WHEREAS, said alley is not presently used by the publisi
KOV THEREFORE, Lessor in consideration of the covenantal,
• end egreemence hereinafter contained and made on part of the
Lease*, does hereby demise and lease to Lassen for use only by
4 Lessee, that aforementioned alley way to be used for parking or* i
4 storage area and for no other purposes whatsoever in the County
4 of Okeechobee, State of Florida, co have and co bold the same for :
and during the term eosmeneing on the 15th day of Jena, 1977, and
-
expiring on the 15tli day of June. 2076, inclusive. ,
t .
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IN CONSIDERATION of said demise and of the covenants •
.`r
'sand agreements hereinafter exproosed, it is covenanted and agreed.:
as follows: 4
1 1. TAAt Lessee shall pay as rent for said premises
•i the stns of One ($1.0o) Dollar. during the form of this lease. .
I payab o at the start of said term. c
2. THAT Lessee shall keep said premises in a clean f •
:i ?
i and orderly manner inn conjunction with any local, county or state ,
n laws.
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33. THAT Lessor has no objection to the construction
il
by lesson at the sole expense of Lessee of paving and.fencing
over and across the alley way through the aforesaid Block 49. .
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5. THAT Lessee agrees to hold Lessor harmless against
1 ail caner:: in case of Litigation arising from any acts of Lessee. i
it:a• ,agents or employees.
6. THAT Lessee shall not assign this lease without i
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-written permission of Lessor. 1
WITNESS the hands and seals of the parties hereto the 1
day and year first above written. i
1 .
e1 ATTEST: CITE OF OKEECAOBB$, FLORIDA .
ri cl� t vt 4t• '- tt c .-k
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sr WITNESSES: '
o
lOiyeeitobee
-_. to• rT . .,.. ...y t
ro 44........1y-.4-4— c � Z.
• L£y f ako 1oa As Wades; GasCmpany i
• .
GLADES GAS COKPANT
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�ahibit B
ASSIGNMENT OF LEASE
THIS AGREEMENT, made this Jr_ day of 15. 2014, between the CITY OF
• oKt loBEE,FLORIDA,and GLAD GAS otesc ubse, as
p b that min Leese of May Agreement dated June 14,1077,end attached
t� sa Eithb1 A,to spproM6 assignment al aeld lease,agree as follows:
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1. The original lease of the CRY OF OKEECHOBEE alleyway to GLADES GAS
COt4PANY is for the follouing described easy:
A portion of an alley 10 feet In width lying In Block 48, City of
Okeechobee,eaa rdktg to the ptatlhesef recorded In Plat Book 1,
Page 10, Public Records of Okeechobee Counts►, Florida;being
more partloutarly described as follows:bsgbusing at the Norttweet
corner of Lot 17 of said Biock 40,bear Easterly 142.80 feet to the
Hartbeest comer of Lot 18;theme bear Northerly 20.00 feet to the
Southeast oorner of Lot 8;thence bear Westerly 142.60 feet to the
Southwestcomer of Lott();thence Southerly 20.00 feet tot to point
of beginning.
2. That GLADES GAS COMPANY has the opport n8y and has requested for
approval llby elx of t to assign this lease,pursuant to
3. That refusal to grant permission to assign the lease wotdd serve no municipal
• p
4. Therefore,forte mutual considerations to each petty to fhe lease,se well as
the Ihteresis of the assignee to the lease,Florida Rao UUEI s ,
alm
1040 Worthington Road, West P Beech. Florida, the CITY OF c
CHOBEE he in grants for the lease to be assigned by GLADE
GAS COMPANY,to Florid* Company.
APPROVED this j thls le day of Jemmy.2013.
•e : • e: ;241116.••
• XSTEST: ' REVIEWED FOR LEGAL SUFFICiENCY:
1C
•
T arnd wt .(MY C
AS TO GLADES GAS COMPANY! Aa TO FLORIDA PUOUO.ura,mee CONIMn
I
1 J ►
T�
D OA.WT Dates 1TP1't' • o
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