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CONFIRMATION OF CONSENT BY CITY TO ASSIGNMENT AND ASSUMPTION AGREEMENT J':~~~;~AT: SbGar, Esq. . ", ltud4lD, McClosky, SmUb, Sehust.er (, RU$5ell, P.A. 401 Ea:>t JacJc$on Stl'eet, Suite 2700 Tamp", PI. 33602 - CONFIRMATION OF CONSENT BY CITY TO ASSIGNMENT AND ASSUMPTION AGREEMENT The THE CITY OF CLEARWATER (the "City"). hereby consents to the assignment by BEACHWALK RESORT, LlC. ("Assignor") to CRYSTAL BEACH CAPITAL. LLC ("Assignee") of all of the Assignor's right. title and interest in and to the Development Agreement entered into on MarCh 13. 2001, as amended on August 28. 2002 and December 10, 2004 between the City and Assignor, as of the date hereof. The City further consents to the Assignee's assumption of the pelformance of an the terms. covenants, obligations and conditions imposed upon the Assignor pursuant to the Development Agreement, and the City does hereby fully release Assignor from all obligations under the Development Agreement. IN WITNESS WHEREOF, the City hereby causes this consent to be executed as of the ...9 ~ day of ~.Iu."'t'.\. 2005. CITY OF CLEARWATER, FLORIDA By: ~e- ~/ T/?~ ~nk V. Hibbard ' Mayor Approved as to form: Attest: tilt/! Pamela K. Akin City Attorney l:7oz~i;i lil:;!~rftz ':=a..~1.1I ~ ~!gCl'i !i!l!~8~ S:::=c::p ~~~~'" no~.-<~ ."to!>"tl ;;U....;A~O c........."" ~..Ni!!n Cl~DClO ....~>>c: -f".. :lIJ -....... -t ~t!~ ~~.. 21 )0 s::