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AMENDMENT TO AGREEMENT " "." :~!2 I~I '\ ?7~'-l '" ~ ,,' I:: ," I , ,-,~:,._,~, .:~: !..-l \..../ ~i-~~:,,: "~' '; i fl\\ MAR - I 1988;: j' u ut j~/! CllY MANAGER I I . ' ,- \ . {INST t 92-153319 M'Y 27, 1992 5:40PM AMENDMENTTOAGREEME o "T1 -n I{ ._ RODRIGUEZ YOUTH FOUNDATION, INC., a Florida corporation not for profit, ..,., .,. '-" :r.:.H rnZ ::;rr1 .- .. , &Ji ::;':;.:> I)") '-...i ....:J (1 :-.': 0 oC Z -i ""D-< ~ '1 TH~:ZD ENT TO AGREEMENT is made and entered into this 10 (1I7Q- ' . cqc-l.-__ day of , 1988, by and between the CITY OF CLEARWATER, ~g.,S9",_ _ FLORIDA, a municipal corporation, hereinafter referred to as "City," and the CHI CHI Q -n _,__ hereinafter referred to as 'tpoundation." .....r 0''' :> 4;>" .....1 ~ g,S-o WHEREAS, the City and the Foundation entered into an agreement dated trd:i.-"'.--.-.. November 12, 1985 (referred to herein as the "Agreement"),whereby the City leased certain real property to the Foundation, which real property is described more particularly in Exhibit A hereto; and WHEREAS, that part of the property described in Exhibit A lying west of McMullen-Booth Road, identified as Parcel 2 and Parcel 3, was leased by the Foundation in order to develop and honstruct educational and rehabilitative facilities including, among other things, an 18-h~e PGA regulation size golf course, and accessory facilities related thereto, including facilities necessary and incidental to the education programs of the Foundation; and WHEREAS, certain property owned by the City, described more particularly in Exhibit B hereto (referred to herein as the "Additional Property"), 'was obtained by the City to be maintained and used only for the purpose of a public park and recreation are a; and WHEREAS, the Additional Property lies west of and adjoining Parcel 3 as described in Exhibit A, and is of a size, configuration and location which permits the Additional Property to be leased to the Foundation for use as part of a public golf course; and WHEREAS, the Foundation has requested that the Additional Property be leased to the Foundation for the construction of a public golf course, and the City Commission has declared the Additional Property surplus to the needs of the City for the limited purpose of leasing the Additional Property to the Foundation for the construction and operation of a public golf course; NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and sufficient consideration, including the faithful performance by each of the parties of the covenants and agreements between each other made, it is mutually agreed between the parties hereto as follows: , RETURN TO: '\J CITY CLERK POST OFFICE BOX 4748 CLEARWATER. FL 34618-4748 I<ARLEEN F. t1EBL.ti~H~, (;LJ~~'" liECORD VEIUFIED BY .~- ',1-"(' / " ~,' " ! ...;' .~;/ (' ) This instrument w.as], preparell by: M. A. Galbraith, Jr. City Attorney City of Clearwater, p, O. Box <7e:;) Clearwater, FL 3'~,G13A7'S8 Ie? , J , 'L ,,' ,..-', I "/b ,. 1 --- ,,""t, -' ~ -.' ; \.. C! Q; / _,iU/L!(C.(! .......-- ., ....' I I 1. The Agreement is amended by adding to the property leased to the Foundation the Additional Property described in Exhibit B to this Amendment, which is hereby leased unto the Foundation for a term beginning as of the date hereof and ending on November 12, 2000, unless otherwise extended or terminated. The term shall be extended as provided in paragraph 2 of the Agreement, subject to the limitations and conditions therein. As of the effective date of this Amendment, the term "leased property" as used in the Agreement shall be deemed to include all of the property described in Exhibits A and B to this Amendment. 2. The Additional Property shall be used by the Foundation for the construction and operation of a public golf course. Incidental thereto, the Additional Property may be used by the Foundation in conjunction with its educational programs as described in Exhibit B to the Agreement, to the extent that the public golf course to be constructed on Parcels 2 and 3 is so used, but no driveways for motor vehicles (except paths for golf carts), no parking facilities and no building shall be constructed thereon. The Foundation expressly understands that the City acquired the Additional Property subject to the limitation that the Additional Property shall be maintained and used only for the purpose of a public park and recreation area, and the Foundation covenants and agrees that the Additional Property shall not be maintained or used for any purpose which violates such condition. 3. Except as modified by this Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect, and are incorporated herein by reference. IN \\TJTNESS WHEREOF, the undersigned parties have set their hands and seals the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Q~._P ~J'?1/I~:u:'" (;1- Interim City Manager _>;._,-."." .;~,,' .'.~ i, \ t. \.. \'" \ ; ,,- ... :," Attest: ' , ..... \. '\ .. '<J -.I ~r;' ,. '" ....: ~ ,'" f:?~~'~'.i"t ....f. .... . - ~ "[~~~~~Q' tj' ClerIC'." ..w..::......, ..... /., ,,~j- ; , iJV~~~:~~r ,C . "',,",,,,,,~~(j.:l'Ol.Jw.:,< " - ./" Approved as to form and correctness: ~f!f ~ U.1t City A ttorne By: -2- o '"Ii Ii .. :J J:'H fi1Z GfT1 . r ttir 7.::> v; '-.j '..0 I:; r,...l 0 oc :z v--< C? I '1 ......r 0..::> J:>. .. co , Secretary Witnesses: STATE OF FLORIDA COUNTY OF PINELLAS I CHI CHI RODRIGUEZ YOUTH FOUNDATION, INC. ~ By: ~N PresIdent By: Vice President o -r; "71 .. ~ ::tiH mz ~...... :. ) :.: .. r !:t9r AJ> (!) '.i -..on t...:; 0 oC Z -i -0-< c;; ..... '. .....r ;J-.J> .::,.. -"':J Before me the undersigned authority, personally appeared \Ai; t.L ;/<1 fY1 (, )fAYES , as President of Chi Chi Rodriguez Youth Foundation, Inc., and , as Vice President of Chi Chi Rodriguez Youth Foundation, Inc., who by me being duly sworn, did acknowledge before me that they are President and Vice President, respectively, of said corporation and did acknowledge that they executed this instrument as their free acts and deeds on behalf of said corporation. ..\".."J~ "WITNESS WHEREOF, I hereunto set my hand and affixed my official seal this ,:~,.-- ',,<2s:f:";,:-:.day of r'~ ' 1988. ~. f;" ~.;..:, \~:~ f R- ~2 - My Commission Expires: Nobr, PulIi.. SIde ,f R,,;r., .. . Nt>~, My Commission Expires June 13,1988 _ lolJde4 T~ .I,oy hI!! : wure.ee, """ ',I,'.::,;:.. -3- . . o "T1 :;::H rr1Z nfT1 .- .. : ttS! 7.::l> W ....J '<:In t.J 0 ""' r- '"" '- :z --! -v-< '.., "T! ......r o-J> t.ii + ""' '"" J I I City of Clearwater property on either side of McMullen-Booth Rd. and north of State Road 580 in Section 20, Township 28 S, Range 16 E. and Section 21, Township 28 S, Range 16 E. being further described as follows: EXHIBIT A - PARCEL ONE A parcel of land in Section 21, Township 28 S, Range 16 E, Pinel1as County~ Florida and being more particularly described as follows: 1 From the South 1/4 Corner of said Section 21, thence N 89030'24" W along the South Line of said Section 21, 102.5 feet for a Point of Beginnitig; thence leaving said South Line N 00012'04" W, 1,370.93 feet; thence S 89041'17" W, 1,141.25 feet to a point, said point being on the proposed Easterly right-of-way line of McMullen-Booth Rd; thence along said proposed Easterly right-of-way fine for the following four courses: (1) thence ' S 00003'20" E, 659.99' feet to a point of a curve; (2) thence along the arc of a curve to the left, having a radius of 3,238.00 feet, arc 242.40 feet, chord .'S 02012'01" E, 242.34 feet to the point of tangency; (3) thence S 01018'19" E, 283.10 feetj (4) thence S 04012'24" E, 59.61 feetj thence leaving said proposed Easterly right-of-Way line S 89030'24" E, 330.00 feet; thenc~ S 81033'49" E, 803.89 feet to the Point of Beginning. Subject to an access 'area for drainage, utilities, ingress and egress lying in the north 150 feet of.the above described parcel one together with the south 350 feet of thejNorth 450 fe~t of the west 100 feet of said parcel one. . , ~ .' PARCEL TWO A parcel of land in Section 20, Township 28 S, Range 16 E, Pinellas County, Florida and being more particularly described as follows: 20. The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of-said Section and The North 3/4 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 20. and Commence at the East 1/4 corner of said Section 20j thence S 89054'58" W, along the East-West Centerline of said Section 20, 495.47 feet to the Point of Beginning; thence continue S 89054'58" W, along said line 838.64 feet to the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 20j thence S 00000'16" W, along the West line of said Northeast 1/4 of the Southeast 1/4, 1,221.50 feet; thence leaving said line S 89050'51" W, 370.01 feetj thence N 00000'16" E, 635.80 feet tO'a point of curve; thence along'the arc of a curve to the right, radius 950.00 feet, arc 1,361.59 feet, chord N 41003'51" E, 1,248.01 feet to a pointiof reverse curve; I thence along the arc of a curve to the left, radius l,050.00:feet, arc 170.34 feet, chord N 77028'35" E, 170.16 feet to a point on curve; thence leaving said curve S 19021'16" E, 240.76 feet to a point of curve; thencelalong the arc of a curve to the left radius 290.00 feet, arc 222.05 feet, chord!S 41017'23" E, 216.67 feet to the Point of Beginning. LESS AND EXCEPTING the Southerly 50.4 feet more or less, platted in Eagle Estates as recorded in Piat Book 74, 'Pages 40 and 41 of Public Records of Pinellas County, Florida. Also LESS AND EXCEPTING an 80 foot drainage, utility and right-Of-way easement described as follows; '~ . . rU,CEL TWO (continued) Begin at the Northeast corner of the Southeast 1/4 of said Section 20, thence S 00001'19" W, along the East line of the Northeast 1/4 of the Southeast 1/4 of said Section 20, 80.00 feet; thence N 82049'46" W, 404.16 feet to a point of curvature of a curve to the right; thence along the,arc of said 'curve, radius 290.00 feet, arc 99.23 feet, chord bearing N 73001'37~ W~ chord 98.j4 feet to a point on the North line of the Northeast 1/4 of th~ Southeast 1/4 of said Section 20; thence N 89054'58" E, along said North line~495.47 feet to the Point of Beginning. i ,i . 'i .', t, I I I PARCEL THREE . ~ .. . :l A parcel of land in Section 21, Township 28 S, Range 16 E, Pine11as County, Florida and being more particularly described as follows: i \ I I; The West 1/2 ,of the Southwest 1/4 of said Section 21! LESS AND \ EXCEPTING an 80 foot drainage, utility and right-of-way easement lying in the , North 80 feet of the West 1/2 of the Southwest 1/4 of said Section 21. Also LESS AND EXCEPTING the easterly 100 feet for proposed right-of-way of McMullen-Booth Road. Also.LESS AND EXCEPTING the Westerly 101 feet of the Easterly 201 feet of the Southerly 121 feet of the West 1/2,6f the Southwest 1/4 of said Section 21. Also LESS AND EXCEPTING the Westerly '580 feet of the Easterly 680 feet of the Northerly 930 feet of the West 1/2 of the Southwest 1/4 of said Section 21. , ,I ." ,j ; , ! , " i o ." ""i1 .,. ~ ::v:-i iTiZ n!lT ,...... .. . tt'i :;:;:::> UJ "-J ...en j-.'t 0 OC Z -! -v-< Q .....r 0-..:> ,..I'I . l-" 'u ~~2s~='" ";F~:igic~~* ~~ECl~~:~~;'::;; DEED ~. ~,'T':'~C~ /~."f: f) JY/ '-I-h THIS INDENTURE, made this S day of /I1.o...u. , 1978, between u.S. HOME CORPORATION, a Delaware corporatio~, as: Grantor, ~nd THE CITY OF CLEARWATER, a Florida municipal corporation, whose mailing address is 112 S. Osceola Avenue, Clearwater, Florida 1'13rJfsro4~r 72 Grantee. 000 I. 07JN'7E 41 .30 O~ 42 .55 ST That the Grantor, for and in consideration of Ten Dollars ($10.00).85 C~ and other good and valuable consideration, the receipt of which is hereby acknowledged, has granted, bargained and sold to the Grantee, its successors and assigns forever, the following described land in Pinellas County, Florida (herein called the "Property"): I 1- L:. /, i'; ; ~-::"i \ 0 1,4 7 0 5 r~~E 21 9 8 WITNESSETH: o 'Tj f1 r-- o t""" t=J > G) ~ .." ::::-:'c: .....! :;: c-:= 0'- :l> ~. . - ()'l .. t:~ t~; ~ t.,j ~,........~ ,:''''~' ~ ___:.;,.--n- SUBJECT TO taxes and assessments for 1978 and subsequent years, and t= ~,: n :: all easements, limitations and restrictions of record including, but ~~~..~ not limited to, the easement to Florida Power Coroorationas recorded ~= in O.R. Book 4606, Pages 1450 and 1451 of the Public Records of PinellaJ~ County, Florida, and to the reverter condition hereinafter, set forth. c; Commencing at the Southeast corner of Section 20, Township 28 South, Range 16 East, Pine"llas County, Florida,t run N. OO'Ol'19":E., 334.26 feet for a Point of Beginning; thence S. 8904~'~5''W., 1,333.40 feet; thence S. OOOO'16"W., 395.46 fe~t; thence 811.50 feet along She arc of a curve to the rightp radius 700.00 feet,' chord N. 33 12'24"W., 766.82 feet; thence N. OOOO'16"E., 87.10' feet; thence N. 89047..'55''E., 1,753.51 feet; thence S~ OOOl'19"W.,. 334.26 feet to the Point of Beginning, LESS AND EXCEPTING that. portion dedicated as right-of-way for Landmark Drive:on the plat of Landmark Woods 2nd Addition recorded in Plat Book 7T, Pages 29, 30, and 31 of the Public Records of Pinellas County, Florida. .. :ti!-l fTiZ nf11 .- .. , ttir ;:o:::l> to '-.l -.on t,.) 2 0:- Z -! "ij-< C>:::) r-- ::c ~ C) U') =:> --:> Grantor does hereby covenant with the Grantee that except as noted above, at the time of delivery of this deed, the Property was free from all encumbrances made by Grantor, and Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. This conveyance is made subject to the express condition, which shall be a covenant and condition running with the land, that the Property conveyed be maintained and used only for the purpose of a publicoark and recreation area, and in the event Grantee,_ its successors or assigns violate this condition, title to the: Property shall be forfeited and every right and interest therein shall immediately thereupon revert and vest in Grantor, its successors or assigns, without further action or re-entry by Grantor, its successors or assigns. IN WITNESS WHEREOF, Grantor has executed this deed in: its corporate name and affixed its corporate seal as of the day and year first above written. ,i of of => ':> ... c:: '"