ACKNOWLEDGEMENT AND CONSENT REGARDING A RECLAIMED WATER SYSTEM
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ACKNOWLEDGEMENT & CONSENT
WHEREAS, the City of Clearwater, a Florida municipal corporation of the
State of Florida ("City"), and PACT, Inc., a Florida corporation ("PACT")
(collectively the "Parties"), have entered into that certain lease agreement dated
March 7, 2001 and ending March 6, 2031, (the "Lease"), said "Leased Premises"
being commonly known as Ruth Eckerd Hall addressed at 1111 McMullen Booth
Road, Clearwater, Florida; and,
WHEREAS, the City is developing a reclaimed water system throughout
its corporate limits, and the Del Oro Groves transmission and distribution phase
of the system ("Project") is presently in design; and,
WHEREAS, the system design contemplates installation of a 4-inch water
main along the northerly right-of-way limit of Ruth Eckerd Hall Drive, and
installation of a 6-inch water main the full length of the west property line of the
Leased Premises; and,
WHEREAS, PACT recognizes and acknowledges the benefits of closely
cooperating with the City in both the design and installation of the proposed
improvements.
NOW THEREFORE, in consideration of the mutual covenants set forth
herein, and other good and valuable consideration, the receipt of which are
hereby acknowledged, the Parties agree as follows:
1. In consideration for the benefit to flow to PACT from the proposed
installation of a reclaimed water system, PACT hereby consents to and will
cooperate in the installation of the reclaimed water mains generally as proposed
in the project's 60% plan submittal, a sketch and aerial overlay of which each
party has reviewed, as same may be amended until 100% approval ofthe project
plans has been achieved.
2. PACT hereby acknowledges that the proposed installation is not in
violation of any term under the Lease and said installation will not interfere
unreasonably with PACT's use of the Leased Premises as provided for in the
Lease.
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IN ~IV#=SS WH~REO~, the parties hereto have set their hands and
seals this ~ day of ~ ,2004.
Signed & sealed in the
presence of:
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WIT< ESS signature
Nor rYIA. A. R. 0 m e... V
Print WITNESS name/
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WITNESS signature
S/l<e.i/If (!eO.s:JM"t~
Print WITNESS name
Approved as to form:
Laur Lipowski
Ass' tant City Attorney
PACT, Inc.
By: ~.~f~
Robert A. Freedman, President
CITY OF CLEARWATER, FLORIDA
BY:~d.~7X
William B. Horne II
City Manager
Attest:
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. City Clerk '-_. --::-- -_. ' ,
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