AGREEMENT FOR USE OF PROPERTY AS CHAMBER OF COMMERCE OFFICE OR BUILDING FOR THE CITY OF CLEARWATER
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A G R E E MEN T
THIS AGREEMENT, Made and entered into this ~ day
of Apri I, 1963, by and between CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter cal led "City", and CLEARWATER
CHAMBER OF COMMERCE, Clearwater, Florida, hereinafter cal led
"Chamber":
WIT N E SSE T H:
WHEREAS, by deed dated December 10, 1956 and recorded
In Official Record Book 338 at page 342, Publ ic Records Pinel las
County, Florida, City conveyed to Chamber the fol lowing described
property, which is hereinafter described as "Parcel I":
That part of Lots 5 and 6, Block "B"
of JOHN R. DAVEY, ET AL, RESUB. OF
EARLL, MUMFORD, ROSS & STARR'S SUB-
DIVISION in Clearwater Harbor, de-
scribed as: Begin at the NE corner
of Lot 5, run West along North bound-
ary of Lot 5 to a point which is I I
feet 2-V8th inches West of NE corner
of said Lot 5 for a Point of Beginning.
Thence West along Northern boundary of
said Lots 5 and 6 to point which is
5 feet 81 inches West of NW corner of
said Lot-5, thence Southerly to a point
in the South boundary of said Lot 6,
which point is 8 feet 8 inches West of
SW corner of said Lot 5; thence East
along South boundary of said Lot 6 and
Lot 5 to a point in the South boundary
of said Lot ~ which point is 14 feet 2
inches West of the SE corner of said Lot
5, thence Northerly to Point of Beginning,
and
WHEREAS, said deed of conveyance contained the fol low-
Ing reverter provision:
"Th i sproperty is deeded to the Grantee
named herein solely to be ~~ed an~ m~in-
tained as the location for a Chamber of
Commerce office or bui Iding for the City
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of Clearwater, consistent with the
purposes of such an organization, as
described in its present Charter of
Incorporation, and the Grantor herein
reserves unto itself and its legal
successors al I right of reversion in
and to said property in the event of
the discontinuance of the use and
maintenance of such property as afore-
said."
and
WHEREAS, Chamber has used and maintained said property
as a Chamber of Commerce building and because of its growth, now
desires to sel I the same and build new faci I ities elsewhere, and
WHEREAS, Chamber has received an offer to purchase said
property described as Parcel
from Harrison M. Robertson, Jr.
for a gross purchase price of Ninety Thousand Dollars ($90,000.00),
subject to expenses of sale, including a real estate commission,
and
WHEREAS, City owns certain property which is suitable
for use by Chamber as the site for its new building; said prop-
erty here i nafter referred to as "Parce I II", be ing descr j bed as
follows:
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 880
58'40" West 185 feet; thence North
0016'17" West 100 feet; thence North
88058'40" East 185 feet to the Point
of Beginning,.
and
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WHEREAS, it is desired to make a matter of record the
conditions under which City agrees to join in or consent to the
conveyance of Parcel to Harrison M. Robertson, Jr., or his
assigns, and to convey to Chamber Parcel I I for use by it as a
site for its neW building.
NOW, THEREFORE, In consideration of the premises and
of the mutual covenants of the parties herein contained, it is
covenanted and agreed as fol lows:
I. City agrees to execute the contract with Harrison
M. Robertson, Jr. dated March 15, 1963 for the purpose of indi-
cating its consent to the sale of Parcel and further agrees
to release its reverter rights thereto or to join in the con-
veyance for that purpose.
2. City agrees to convey to Chamber Parcel I I, pro-
viding only that the deed of conveyance shal I contain reverter
provisions restricting right of Chamber to use said property
for Chamber of Commerce purposes identical to the reverter pro-
visions contained in its deed to Chamber for Parcel I, as set
out above.
3. City agrees upon the request of Chamber to sub-
ordinate its reverter provision, as above described, to the
I ien of any construction and/or permanent amortized mortgage, in
an amount not to exceed Fifty Thousand Dollars ($50,000.00), or
such increased amount as may be mutually agreed by City and Cham-
ber, executed by Chamber to any recognized financial institution,
which said mortgage or mortgages shal I be for the purpose only of
construction of permanent faci I ities on said Parcel I r to be used
for Chamber of Commerce purposes.
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4. City agrees to exert its best efforts to obtain
from Betsy R. Rogers, owner and holder of a mortgage on Parcel
I I, together with certain other property, a release of said
Parcel II from the I ien of her mortgage or an agreement to
subordinate said mortgage to a mortgage to be placed thereon
by Chamber, if necessary.
5. City agrees, within a reasonable time, at its
expense, to remove or have removed from Parcel I I, the existing
bui Iding now located thereon.
6. City agrees not to revoke, rescind or repeal the
dedication for park purposes of that certain property lying yI
adjacent to and immediately West and North of Parcel I I as said
dedication is now contained in its Resolution Number 62-70, dated
June 4, 1962, and agrees to beautify, improve and maintain for
park purposes said property within reasonable time and budget
I imitations.
7. Chamber agrees that the net proceeds from the sale
of Parcel I, after deducting the costs of sale and after payment
of the existing mortgage thereon, which has a principal balance
of approximately Eighteen Thousand Five Hundred Dollars
( $18,500.00), shal I be escrowed with the Trust Department of
a commercial bank doing business in the City of Clearwater,
Florida and shal I be used only for the purpose of paying con-
struction costs and expenses in connection with fue erection by
it of a Chamber of Commerce bui Iding and facl I ities on Parcel
I I, with said trustee being authorized in the interim to invest
said funds in Un i ted States Go,vernmentob I i gat ions.
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to commence on or before J.inuary 1, 1964
Chamber agrees to exert its best efforts/to con-
struct on said premises a modern Chamber of Commerce bui Iding
and faci I ities so located as to provide thereon maximum off-
street parking and specifically understands and agrees that it
IS to have no rights for automobile parking and that there is
to be no automobile parking on or in the park area owned by
City and lying immediately West of said Parcel 11.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals as of the day and year first above set
out by and through their respective duly authorized officers.
CITY
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Signed, Sealed and
Del i vered in the
Presence of:
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Approved as to Form
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and Correctness:
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