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SUBORDINATION AGREEMENT " - , . ;. ,- -RECEIVED' . I I ( t,' , lM'rll _ SUBORDINATION AGREEMENT CITY' c.::I.ERc' -vJh THIS AGREEMENT, made and entered into this ~ day of mA-Y ( municipal corporation 19 ~~ by and between the City of Clearwater, a chartered under the laws of the State of Florida (hereinafter referred to as "City") and the Bank of Clearwater, Clearwater, Florida, a cor- poration organized and existing under and by virtue of the laws of the United States of America (hereinafter referred to as "Bank"). WITNESSETH: WHEREAS, on the 10th day of December, 1956, City did convey by deed of conveyance to the Clearwater Chamber of Commerce, a not for profit corporation organized and existing under the laws of the State of Florida, the following described real property located in Clearwater, Pinellas County, Florida: That part of Lots Five (5) and Six (6) in Block "B" of John R. Davey, et al. resubdivision of "EARLL, MUMFORD, ROSE & STARR'S SUBDIVISION IN CLEARWATER HARBOR, according to the plat of said resubdivision as recorded in Plat Book 1, page 87, public records of Hillsborough County, Florida, to-wit: Beginning at the northeast corner of said Lot Five (5) and running thence west along the northern boundary of said Lot Five (5) to a point which is 11 feet and 2-1/8 inches west of the northeast corner of said Lot Five (5), for a point of beginning, thence west along to the northern boundary of said Lot Five (5) and Six (6) to a point which is five (5) feet eight and one-eighth (8-1/8) inches west of the north- west corner of said Lot Five (5), thence southerly to a point in the south boundary of said Lot Six (6) which point is 8 feet and 8 inches west of the southwest corner of said Lot Five (5), thence run east along the south boundary of said Lot Six (6) and said Lot Five (5), to a point in the south boundary of said Lot Five (5), which point is 14 feet 2 inches west of the southeast corner of said Lot Five (5), thence northerly to a point of beginning. WHEREAS, said deed of conveyance was duly recorded in O.R. Book 338, pages 342 through 344 of the Public Records of Pinellas County, Florida, and WHEREAS, said deed of conveyance provided that the property therein described was deeded to the Grantee, the Clearwater Chamber of Commerce, solely to be used and maintained as the location for a Chamber of Commerce office or building for the City of Clearwater con- sistent with the purposes of such organization as described in its present Charter of Incorporation, and the Grantor, The City of Clearwater, reserved unto itself and its legal Successors all right of reversion in and to said property in the event of the discontinuance of the use and maintenance of such property as aforesaid, and +. .~-- (() f)2/~f,I..) ,- ~ I t ~ '. ;' "", \,' , , (,::>/ If I') ,. I (Jr) ,~ c. : -- '.-- I I WHEREAS, the Clearwater Chamber of Commerce is now desirous of executing a first mortgage encumbering said property in favor of Bank, in order to obtain necessary funds to remodel and improve the struc- tureslocated on this property, and WHEREAS, Bank has declined to accept such mortgage unless City shall specifically agree to and shall subordinate its reversionary interest and all its rights and interest in the herein described pro- perty under and by virtue of the above referred to deed of conveyance, to said mortgage, and WHEREAS, it is agreeable to City to execute such subordination agreement; NOW, THEREFORE, City, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations to it in hand paid, the receipt of which is hereby acknowledged, does hereby agree with Bank hereto as follows: 1. City hereby specifically agrees to and does hereby in every respect subordinate and declare inferior any reversionary interest, right or interest of any kind which it may have in the herein described property, under and by virtue of that certain Deed of Conveyance, executed December 10, 1956, between City and the Clearwater Chamber of Commerce, to the lien of any mortgage which within 90 days of the date hereof, might be placed against said pro- perty by the Clearwater Chamber of Commerce, in favor of Bank, not to exceed the sum of $96,000.00. In view of the reversionary interest of City in said property, Bank agrees to notify City of any default under said mortgage and grant City ten (10) days therefrom in which to correct said default. 2. The obligations and benefits under this agreement shall extend to the legal successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, City has caused these presents to be executed in its name by its City Manager and City Clerk, countersigned by its Mayor - Commissioner, and its corporate seal to be hereunto attached, the day and year first above written and Bank has caused -2- .- I I these presents to be executed in its name by its duly authorized officer and its corporate seal to be hereunto attached, the day and year first above written. Countersigned, ~) ~~ Mayor-Commissioner By ~~L~ City Clerk In the Presence of: ~1.. As '. t Cl y correctness In 2;2";: ~ ft/~ ~j/~ As to Bank . "Bank" BANK OF CLEARWATER ~ By STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared Charles F. LeCher , as Mayor-Commissioner of the City of Clearwater, and he acknowledged before me that he executed the above and foregoing Subordination Agreement, as an act and deed of the City of Clearwater, for the purposes therein expressed. Dated this 5th day of May , 1982 at Clearwater, Pinellas County, Florida. \~A1,~t1 ~~~ Notary Public' - My Commission Expires: "..~!;c, 51.112 of Ror:<1a ~, '1Ir~ '. ,:1:TIfSsiOi) Exp;,es 1'.!lg. b,' y \ SonQi~ Ihl.l.l lro.Y (giu In~l.Iii)n;~ lit,", -3- .- COUNTY OF PINELLAS I ) ) I .o..S'1'hTE OF FLORIDA BEFORE ME, the undersigned authority, personally appeared Anthony L. Shoemaker , as City Manager of the City of Clearwater, and he acknowledged before me that he executed the above and foregoing Subordination Agreement, as an act and deed of the City of Clearwater, for the purposes therein expressed. Dated this 4th day of May , 19 82 at Clearwater, Pinellas County, Florida. twly Commission ".:J;t~d~~-=-':"- - Notary Public / ,<.' _. Ex pi res )lot,;'!{ Pu1;::c (' IB'" , A 'd : --....: . l1:1 ( .: -'. ,~o orr a at Large y B~~~/s.~'on Expires Aug. 15, 19tt~ ''''~\.,; lilru Truy F;:;io Jl1Sl,jfunC;1,J in,~ / STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared Lucille Williams , as City Clerk of the City of Clearwater, and he acknowledged before me that he executed the above and foregoing Subordination Agreement, as an act and deed of the City of Clearwater, for the purposes therein expressed. Dated this 5th day of May , 19 82 at Clearwater, Pinellas County~ Florida. ~,~a~ Notary PubllC .': . My Commission . Nofary Pu"!;c co,. '" .' "" ., La Explres: ", , ",,,~\,~,, '.".t',; at rge My Commissicn ...,>i5. 1984 Sonded Thru r;,.:../ ". ....J;lca JnQ STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared Thomas A. Bustin , as City Attorney of the City of Clearwater, and he acknowledged before me that he executed the above and foregoing Subordination Agreement, as an a~t and deed of the City of Clearwater, for the purposes therein expressed. Dated this 4th day of May , 19 82 at Clearwater, Pinellas County, Florida. Nofary PutF. <r;.'. c' c', I t l M ( ':,; ~ a:1Jl' Y ommi5~;~; ~;;c'~"'" ,5 1934 ,Bonded Thru '[1_>, ;::...:;: -",~~,~';.:c :J;CS -,~ l-1~d~ Notary PubllC:. _ My Commission Expires: STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared C. D. Carley, Jr. , as President of the Bank of Clearwater, and he acknowledged before me that he executed the above and foregoing Subordination Agreement, as an act and deed of the B~k of Clear~~, for the purposes therein expressed. Dated this ~ day of I "'-r · 19 rUt Clearwater. Pinellas County, Florida. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA' -4- BONDeD TH;ZU GEt'~ER.\L L'EU~ANG UND . MY COMMISSION E"PUS APR 30 1786 YJ~ t2~~. . Notary PUblfP.T