MODIFICATION OF PARKLAND DEDICATION RE PARK IMPROVEMENTS
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MODIFICATION OF PARK DEDICATION AGREEMENT
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THIS AGREEMENT, made this yl day of ~
, 1983, by and between
U.S. HOME CORPORATION, A Delaware corporation ("U.S. Home") and the CITY OF
CLEARWATER, a Florida municipal corporation ("City'I).
WIT N E SSE T H:
WHEREAS, the parties entered into a Park Dedication Agreement, dated
November 12, 1980, providing for the dedication and improvement of a park site
on certain land in Pinellas County, Florida (l'Agreement"); and
WHEREAS, the Agreement requires that U.S. Home provide certain equipment
and improvements on said park site; and
WHEREAS, the parties wi:sh to modify a portion of the Agreement;
NOW, THEREFORE, in consideration of the mutual promises of the parties
hereafter set forth, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and hereby
incorporated by reference.
2. Cash Payment in Lieu of Performance. U.S. Home, in lieu of providing
playground equipmdr,t, picnic tables, grills, trash receptacles, landscaping,
earth trai 1, berm and retention pond improvements, all as provided in
: Paragraph 3(c) of the Agreement, will deliver to the City, concurrent with the
signing of this Agreement, a cash payment of Twenty-Nine Thousand Seven Hundred
Two Dollars ($29,702.00). The City hereby agrees to assume the obligation of
U.S. Home as set forth in Paragraph 3(c) of the Agreement dated November 12, 1980
to furnish said equipment and improvements, and shall indemnify and hold
harmless U.S. Home for any claims made by any person or entity for the failure
of the City to perform said obligation. The City hereby warrants that it will
substantially complete the furnishing of said equipment and improvements by
August 31, 1983.
3. Instrument Binding. This instrument shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns.
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U.S. HOME CORPORATION
IN WITNESS WHEREOF, the undersigned parties have executed this
first above written.
Agreement by their duly authorized representatives as of the day and
WITNESSES:
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By: ~~/~~
Ahdpf.MG. I ri,ck, II
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,Dt;;fS:.t:o\n. 'As'$5~sf,a'nt Secreta ry
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By
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Ci tyAttorney