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CONSENT AND AGREEMENT TO SUBORDINATE/BETSY R. ROGERS ---.-- -- -------=:: ---""" LAW OFFICES ",,- '''"'------ , ... .. , 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 .", ,"'"'~ ,>. I I 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 (':/). Jl!. v 1/ / / . ') , '-.J_ /, ( /.1/l " I I 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. -2- I I 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: .. I Cou~;}s i gned, //Oy :,JJJ '~ ~ I'" t () /~., ~ Mayor - Commissioner C Approved as to Form and Correctness: ~ "~~-,4-,,;~;,' City AttorneY ,/~....l.,'J2--'(......~lL..-- '~........--, -3- I I 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: -- -~ STATE OF FLORIDA ~ COUNTY OF PINELLAS) I HEREBY CERTI FY that i2~~~~~~~J~~~'~'~:2C~~I~;;~I q~ :.~;~~ f;i~~~~l b2(~ respectively City Manager, City Clerk an~commissioner of the City of Clearwater, a municipal corporation existing under the p~~eared . /ii~ - 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 -4- I I 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 " "- 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. '(~ -5-