CONSENT AND AGREEMENT TO SUBORDINATE/BETSY R. ROGERS
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LAW OFFICES
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KRENTZMAN ~ MAcKENZIE
227 SOUTH GARDEN AVENUE
POST OFFICE BOX 566
BEN KRENTZ MAN
WILLIAM M. MAcKENZIE
RICHARD T. BENNISON
CLEARWATER, FLORIDA
Apri II S, f 963
Mr. Howard p. RIva.
Coop.r, Riv.. & a..kln
1215 CI.v.land Str..t
CI.arwater, florlda
Re: City of Clearwater ~
"'qa)'.~. Roge,.. (Ch.IIb...
,t Pt.,.CI~ P~AA4Jr~ )_
O..r Howard:
I .. enclo.lng her.wlth dupllc.te original e.te.cu'ted
copy of . Con.ent and Agr....nt to Subordlnat. dat.d April 12th,
1963 betwe.n Bet.y R. Roee... and Ci'ty 0' Clearwater which wa.
executed by all p.rti.. on April 15th, 1963. .
An exeout.d copy 0' thi. Agr....nt h.. b..n retain.d
by the City and the .nolo..d copy i. forth. 'il.. 0' your
..oth.r, Mr.. Beta)' R. Rog.r..
O"ic..I. 0' the Cha.o.r 0' C....rc. and of the City
"e~e.ted lie to ..tend to you and your ..the.. the i r gr.te'" I
appr.ciation 'or he,. CO.."atio" ."d youroo.peretlon Inthi.
.etoter.
With b..t regard., I ..
V.ry trutyyour.,
IEN KlENTZMAN
Bk : b..
ene J .
ce: City Cle..k, City.' C'......,.ter, f'op'da
City Attorney, City 0' CI..~w.ter, "orida
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CONSENT AND AGREEMENT TO SUBORDINATE
THIS AGREEMENT; Made and entered into this 12th day
of Apri I, 1963, by and between BETSY R. ROGERS, of Clearwater,
Florida, hereinafter cal led "Rogers", and CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter cal led "City",
WIT N E SSE T H:
WHEREAS, City executed and delivered its promissory
note and mortgage dated November I, 1960 in the original prin-
cipal sum of One Hundred Thirty-Five Thousand Dollars ($135,000),
recorded on that date in Official Record Book 1026, page 207,
Publ ic Records of Pinel las County, encumbering certain property
therein described, and
WHEREAS, City intends to convey a portion of said
property hereinafter described to Clearwater Chamber of Commerce,
Clearwater, Florida, to be by it used for Chamber of Commerce
purposes, i nc i denta I to wh I ch will i nc I ude the remova I of the
existing house and improvements on the portion of the property
hereinafter described and the erection thereon by Chamber of a
modern Chamber of Commerce Building, and
WHEREAS, City has requested Rogers, contingent upon
the conveyance by it, as aforesaid, to the Chamber of Commerce,
to consent to the removal of said house and improvements from
said premises and to subordinate the I ien of her mortgage, as
hereinafter provided, to which Rogers is agreeable, under the
terms and conditions hereinafter set out,
NOW, THEREFORE, in consideration of the premises and
of the faithful performance by City of the terms and conditions
of sa i d promi ssory note and mortgage, now and in the future, it
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IS covenanted and agreed as fol lows:
I. Rogers agrees that upon the conveyance of the
property hereinafter described to Clearwater Chamber of Com-
merce, the house and improvements thereon may be removed there-
from and that such removal shal I not constitute "waste" under
the terms of her mortgage or otherwise affect the same~
2~ Rogers further agrees that upon the conveyance of
the fol lowing described property to Clearwater Chamber of Com-
merce by deed of conveyance containing provisions restricting
the use thereof for Chamber of Commerce purposes:
Begin at the northeast corner of Sec-
tion 16, Township 29 South, Range 15
East; thence South 88058'40" West,
along the North I ine of said Section
16 1,733~36 feet; thence South 0016'
17" East along the West right-of-way
I ine of North Osceola Avenue 50 feet
for a Point of Beginning; thence
South 0016'17" East along the West
right-of-way I ine of North Osceola
Avenue 100 feet; thence South 88Q
58'40" West 185 feet; thence North
0016'17" West 100 feet; thence North
88058'40" East 185 feet to the Point
of Beginning,
that she wi I I, without further consideration, execute and del iver
a subordination of her mortgage aforesaid to the I ien of any con-
struction and/or permanent mortgage encumbering the above de-
scribed property In an amount not to exceed Fifty Thousand Dollars
($50,000), executed by said Chamber of Commerce to any recognized
financial institution, the proceeds of which mortgage shal I be for
the sole purpose of constructing permanent facil ities to be used
for Chamber of Commerce purposes on the above described property.
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3. City agrees to continue making the payments and
to perform and comply with the terms, conditions and covenants
of the aforesaid promissory note and mortgage excepting only as
modified herein.
4. This Agreement shal I extend to and be binding
upon the heirs, administrators, successors and assigns of the
parti es hereto.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals in person and by and through their duly
authorized officers.
and
~KR
Betsy '. Roger~
(SEAL)
As~9~oY
CITY
Signed, Sealed and
De livered in the
Presence of: ..
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Cou~;}s i gned, //Oy :,JJJ
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t () /~.,
~ Mayor - Commissioner
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Approved as to Form and Correctness:
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City AttorneY
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STATE OF FLORIDA ~
COUNTY OF PINELLAS)
Before me, the undersigned authority, personally
appeared BETSY R. ROGERS, who after being duly sworn, deposes
and says that she executed the above and foregoing Consent and
Agreement and she acknowledged before me that she executed the
same for the uses and purposes therein expressed.
8~ ~o'g~
(SEAL)
Witness my hand and official seal at Clearwater,
Pine I I as County, State of
1963.
My Commission Expires:
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STATE OF FLORIDA ~
COUNTY OF PINELLAS)
I HEREBY CERTI FY that
i2~~~~~~~J~~~'~'~:2C~~I~;;~I q~ :.~;~~ f;i~~~~l
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respectively City Manager, City Clerk an~commissioner of
the City of Clearwater, a municipal corporation existing under the
p~~eared
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laws of the State of Florida, to me known to be the individuals
described herein and who executed the above and foregoing Consent
and Agreement.and severally acknowledged the execution thereof to
be their free act and deed as such officers thereunto duly author-
ized; and that the official seal of said municipal corporation is
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duly affixed thereto, and the said Consent and Agreement IS the
act and deed of said corporation.
WITNESS my signature and official seal at Clearwater,
in the County of Pinel las, State of Florida, on the day and year
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Expires:
last above written.
Notary Public, St?te of florida at t;!l~
My Commission Expires Doc. 27, HI~B
~nded by. 8mericanS,uretyc:o.of Ii. '(~
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