CONTRACT FOR BEACH EROSION CONTROL PROJECT
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BACON & BACON, P.A.
ATTORNEYS AT LAW
POST OFFICE BOX 13576
2959 FIRST AVENUE NORTH
ST. PETERSBURG, FLORIDA 33733
ADRIAN S, BACON
DAVID A.BACON
822-3935
TELEPHONE (813)
822-3242
May 6, 1980
Mr. Anthony. L. Shoemaker
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, FL 33518
RE: "Contract For Beach Erosion Control Project"
and "First Amendment to Contract For Beach
Erosion Control Project"; City of Clearwater
and Sand Key Property Owners.
Dear Mr. Shoemaker:
I am herewith enclosing and delivering the following:
(a) Three (3) copies of the original "Contract For
Beach Erosion Control Project" and "First Amendment to Contract
For Beach Erosion Control Project". This Contract and the First
Amendment has been completely executed by all Contributing Pro-
perty Owners and Non-Contributing Property Owners and is ready
for execution by the City of Clearwater. Please have the Contract
and Amendment executed in triplicate, retain one (1) completely
executed copy for the City, and return two (2) executed copies
to me.
(b) Four (4) copies of the Escrow Agreement which have
been completely executed by the Contributing Property Owners and
the Escrow Agent/First National Bank of Clearwater. The follow-
ing checks hav~ on this dat~ been delivered to the First National
Bank in Clearwater, totalling $225,000.00, for the Contributing
Property Owners listed in the Escrow Agreement:
(1) UNITED STATES STEEL CORPORATION
Check dated 4-18-80 ...............$81,090.00
(2) BERNARD F. POWELL, ET AL
Two Checks, one from The Be11e-
view Biltmore Hotel, dated 4/23/80..$17,976.91
and one from Donaldson Homes,
Inc., dated 4/23/80, payable
to Bernard F. Powell and endorsed
to the First National Bank.........$35,550.59
(totalling $53,527.50)
(3) CHEEZEM DEVELOPMENT CORPORATION
Check dated 4/18/80................$44,145.00
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Mr. Anthony L. Shoemaker
May 5, 1980
Page Two.
(4) HARBOUR LIGHT TOWERS ASSOCIATION
Check dated 4/24/80...................$13,815.00
(5) CLEARWATER SAND KEY CLUB
CONDOMINIUM ASSOCIATION, INC.
Check dated 4/21/80...................$ 9,832.50
(6) CLEARWATER KEY ASSOCIATION SOUTH
BEACH II, INC., Check dated
Hay 2, 19 80. . . . . . . . . . . . . . . . . . . . . . . . . . . $11 , 295 . 00
(7) CLEARWATER KEY ASSOCIATION SOUTH
BEACH I, INC., Check dated
4/21/80...............................$11,295.00
TOTAL........$225,OOO.OO.
Enclosed for your file axe photocopies of these checks.
Please have the City execute all four (4) of these
Escrow Agreements, retain one (1) completely executed copy for
the City and return the remaining three (3) to me.
(c) Enclosed are copies of the following easements:
PUBLIC ACCESS EASEMENTS:
(1) Powell, etal -to- City of Clearwater
(2) U.S. Steel Corporation -to- City of Clearwater
(3) Abdullaj, etal -to- City of Clearwater
(4) Cheezem Development Corporation -to- City
of Clearwater.
TEMPORARY EASEMENTS:
(1) Powell, etal -to- City of Clearwater
(2) U.S. Steel Corporation -to- City of Clearwater
(3) U.S. Steel Corporation -to- City of Clearwater
(4) Cheezem Development Corporation -to- City of
Clearwater
(5) Sand Key Associates Limited Partnership
(6) Cheezem Development Corporation -to- City of
Clearwater
(7) Cheezem Development Corporation -to- City of
Clearwater
(8) Cheezem Development Corporation -to- City of
Clearwater.
Consistent with my understanding with the Administration
of the City of Clearwater, the original of these easements will be
held by me in escrow pending the action of the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida since
the action of that Board will determine the necessity for these
easements.
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Mr. Anthony L. Shoemaker
May 5, 1980
Page Three.
(d) Copy of Pioneer National Title Insurance Company
Ownership Report, updated to April 10, 1980. We have pre-
viously forwarded a copy of this report to Mr. Nicholson.
It appears that the enclosed Contract and First Amendment is now
ready for execution by the City of Clearwater.
Under the provisions of Resolution No. 80-48, you are authorized as
City Manager of the City of Clearwater to forward and submit Resolution No.
80-48 and the survey referred to therein to the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida upon the final execu-
tion of the enclosed Contracts by the City. It does appear that upon execu-
tion of the enclosed Contracrs, as authorized by the City Commission, you are
now in a position to proceed to the Board of Trustees of the Internal Im-
provement Trust Fund of the State of Florida.
If there are any questions, at all, concerning these matters, please
let me know.
e~ truly ~
an~~~orneY for
SAND KEY PROPERTY OWNERS
ASB/ jmb
Encls.
cc: Tom Bustin, Esq. (only encl. is copy of
City Attorney the seven checks)
City of Clearwater
cc: Mr. Andrew M. Nicholson
Oceanographic Engineer
City of Clearwater
Marshall C. Deason, Jr., Esq. "
Dennis Thompson, Esq. II
Joseph Gaynor, Esq. "
William S. Wigh tman, Esq. "
Peter Dunbar, Esq. "
Donald Robert Hall, Esq. "
Waldense Malouf, Esq. "
Timothy A. Johnson, Esq. "
cc: First National Bank of Clearwater "
ATT: Harry B. Jamieson
Ass't. Vice President and
Trust Officer
cc: All Property Owners
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llACON & BACON, P. A.
ATTORNEYS AT LA.W
POST OFFICE BOX 13576
2959 FIRST A.VENUE NORTH
ST. PETERSBURG, FLORIDA 33733
ADRIAN S. BACON
DA.VID A,BACON
822~3935
TELEPHONE (813)
822~3242
May 6, 1980
Mr. Anthony L. Shoemaker
Ci ty Manage r
City of Clearwater
P. O. Box 4748
Clearwater, FL 33518
RE: "Contract For Beach Erosion Control
Project" - City of Clearwater - Sand
Key Property Owners
Dear Mr. Shoemaker:
Please be advised that Mr. Thomas B. Terpening, P. E., Bay Park
Executive Center, 1442 U.S. Highway 19 South, Suite 108K, Clearwater,
Florida 33516, has been designated as the Engineer for the property
owners at Sand Key under the provisions of paragraph 5 of the Conditions
Precedent on page 3 of the Contract.
In the event of approval of the project by the Board of Trustees,
in accordance with paragraph 5, and approval by the City Engineer, Mr.
Terpening should be notified immediately upon such approval since he will
call an immediate meeting of the property owners to discuss the project
and determine the approval or disapproval of the property owners in accord-
ance with the Contract.
~o very truly,
,....~~
Aorian S. Bacon
ASB/ jmb
cc: Thomas B. Terpening, P.E.
cc: All Property Owners
cc: Mr. Andrew M. Nicholson