SUPPLEMENTAL AGREEMENT
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RE-24261
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THIS SUPPLEMENTAL AGREEMENT, Made and entered into thiS;z,t~c:I. day of
~r / '-. , 19~, by and between the SEABOARD COAST LINE RAILROAD COMPANY,
a V rginia corporation, hereinafter referred to as "SCL", and the CITY OF
CLEARWATER, a municipal corporation under the laws of the State of Florida,
hereinafter referred to as "City";
WIT N E SSE T H:
1..
WHEREAS, by an agreement dated August 11, 1969, between the parties
hereto, the City agreed to convey to SCL Parcels Nos. 1 and 2 at Clearwater,
Florida, as particularly set forth in said agreement, in exchange for the
conveyance by SCL to the City of Parcel No.3; and
WHEREAS, under the terms of said agreement, each party had the right
to enter upon, use and take possession of the respective parcels of land to be
conveyed; and
WHEREAS, under said agreement, SCL agreed to convey Parcel No.4, as
particularly set forth in said agreement, to the City for a consideration of
$226,477.00, said consideration to be paid to SCL as set forth in said agreement;
and
WHEREAS, due to facilities of SCL being located on Parcel No.4, said
agreement did not grant to the City the right of entry; and
WHEREAS the City now desires and SCLis willing, under certain condi-
tions as hereinafter set forth, that said agreement be amended to permit the
~ity to enter upon and take possession of said Parcel No.4;
NOW THEREFORE, in consideration of the premises and of the,mutua1
adVajtages, ~cruing to the parties hereto, it is agreed, effective ~~.5)
q 7 ~ , as follows: -rr-
1. The City may enter upon, use and take possession of Parcel No.4;
it being understood and agreed, however, that the City shall indemnify, save
and hold harmless SCL from and against all damages, injuries and claims,
including attorneys' fees, arising and growing out of the use and occupation
of said Parcel No. 4 in exercising the right of entry herein granted.
2. The right of entry herein granted is subject to those certain
agreements set forth in Article 7 (b) of said agreement dated August 11, 1969,
covering use of portions of said Parcel No. 4 and any other agreements between
SCL and tenants involving use thereof, which agreements as set forth in Article
7 (b) of said agreement dated August 11, 1969, will be assigned by SCL to the
City simultaneously with the conveyance of said Parcel No.4.
3. Except as hereby amended, said agreement of August 11, 1969, shall
remain in full force and effect.
This Instrument Was Prepared By:
H. E. SCHLESINGE~I";!
500 Water Street, Jacksonville, Fla.
Seaboard Coast Line Railroad Company
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Sheet 2
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It is understood and agreed that this agreement shall not be binding
until it has been authorized or ratified by a proper ordinance or resolution of
the City Commission of the City of Clearwater, Florida, a certified copy of
which ordinance or resolution is attached hereto and made part of this agreement.
IN WITNESS WHEREOF the parties hereto have executed this supplemental
agreement in duplicate the day and year first above written.
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By
CeMPANY
Witnesses for SCL:
~. . ~
~A--nett/ 8att<Z'..c-
At te s t
(SEAL)
Witnesses for the City:
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~;fL'L,~$9~/
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(L.S.)
(SEAL)
EEB 1 8 1970
Approved as to form &
correctness:
By fruzbu
, City Manager
(L.S.)
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City Attorney
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J&B-25268
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APPROVED FOR SEABOARD COAST LINE RAILROAD COMPANY:
As to Form
l3ivi.,iuu. Cuuu.~~1.
Division Counsel.
Form 221
Rev. Sept., 1968
Superintendent,
Division Engineer.
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FORM 3519 - B - FLA - A
,
FLORIDA FORM
STATE OF' FLORIDA
COUNTY OF DUVAL
1
I hereby certify that on this day before me, an officer duly authorized to take acknowledgments in the State
and County above set forth, personally appearer'
D.a C.HASTING..~
_net H. W. MARTENS
respectively
~~!;;~- f'reside~~.
,
and
Assistant
Secretary of_
SEABOARD COAST LINE RAILROAD COMPANY
, a corporation under the laws of the State of
Virginia , to me known to be the persons described in and who executed the
foregoing instrument, and they severally acknowledged before me the execution thereof as such officers,
by virtue of due and proper corporate authority in them vested, and that the said instrument is the act
and deed of said corporation.
And the said H. W. MARTENS , Assistant Secretary as aforesaid,
also acknowledged before me that he affixed to said instrument the corporate seal of said corporation, by like authority
in him vested.
WITNESS my signature and official seal in the County and State above set forth, this ~~ day of
~ /9-7
1~~
~(~~
otary Public. ..
My commission Expires
Notary Publi(, Sta!e 01 Rorid~ at Ll'[l€
&iy Commissi,.:;n t::'q:~ri2~ iane 2.0, 1:))'0
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J &B-43325
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Porm 8580
Rev. Sept. 1968-Sheet 3
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Extracts from minutes of meeting of the City Commission of the City of Clearwater, Florida,
held on the day of , 19
z:
RESOLUTION
Be it resolved by the Ci ty Commission of the
Ci ty of Clearwater, Florida, in regular meeting ass~lftbl~1~\wJJeA1
Mayor-Commissioner of said City be, and he hereby is, authorized to enter int~a~iment with
the SEABOARD COAST LINE RAILROAD COMPANY, and to sign same on ,behalf of said City
whueby an agreement dated August 11, 1969, between said Railroad Company and said
City is amended to permit said City to enter upon, use and take possession of
Parcel No. 4 at Clearwater, Florida, as particularly set forth in said supplemental
agreement, which supplemental agreement is dated , a
copy of which is filed with this City Commission.
I certify the above to be a true aDd correct copy.
....,............,......,......,......,...........'..,.........,..,......'....aeriE........
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STATE OF FLORIDA
COUNTY OF PINELLAS
I hereby certify that on this day before me, an officer duly authorized
to take acknowledgments in the State and County above set
appeared jJ, t ,,-u.......J;f ~~ and 12. h.
forth, personally
L<.,~~"
respectively, Mayor-Commissioner and Clerk of the City of Clearwater, Florida, to
me known to be the persons described in and who executed the foregoing instrument,
and they severally acknowledged before me the execution thereof as such officers,
by virtue of due and proper authority in them vested, and that the said instru-
ment is the act and deed of said City.
And the said
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h, ,'tJ C L' l,-c{tkk t'. r
, Clerk as aforesaid,
also acknowledged before me that he affixed to said instrument the seal of said
City by like authority in him vested.
WITNESS my signature and official
forth, this / /{~- day of ':;L/n..l~l
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seal in the County and State above
set
, 197~.
~.a,~
Notary Public
My Commission Expires:
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