AGREEMENT WITH W. B. JOHNSON PROPERTIES INC AND JOHN S. TAYLOR III
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80173488
Q,R.5020 P~E 670
AGREEMENT
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THIS AGREEMENT made and entered into this il-e
~ ~ , 1980" by and between the CITY OF CLEARWATER,
day of
FLORIDA,
a municipal corporation, party of the first part, and W. B. JOHNSON
PROPERTIES, INC., a corporation authorized to do business in the State
of Florida, and JOHN S. TAYLOR III, parties of the second part;
WITNESSETH:
WHEREAS, John S. Taylor III is the fee owner of property located in
the City of Clearwater, Florida, and more generally described as bounded
on the North by Papaya Street, on the South by Marianne Street, on the
East by Mandalay Avenue, and on the West by the Gulf of Mexico; and
WHEREAS, W. B. Johnson Properties, Inc. presently holds a
leasehold estate in and to the property described herein and as Lessee of
the property intends to construct a Holiday Inn on the property under a
franchise agreement with Holiday Inns, Inc.; and
WHEREAS, the City of Clearwater, Florida, pursuant to this agreement
is acting on behalf of the interests of the public; and
WHEREAS, this agreement is intended to apply only to that portion of
the property lying between the high water mark of the Gulf of Mexico and
a line running parallel to and fifty feet (50') seaward of the coastal construction
control line as shown on Exhibit "A" attached hereto and made a part hereof
(hereinafter referred to as "the beach area"); and
WHEREAS, the purpose of this agreement is to preserve to the public
in general the right of ingress and egress, pass and repass over the beach
area and use of the beach area for beach related activities; and
WHEREAS, the City of Clearwater, Florida, is to have the right to
enforce the right of the public described herein;
NOW, THEREFORE, in consideration of the promises and for the
purpose of clarifying the rights of the parties and the public in general,
it is agreed as follows:
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O. R. 5 0 2 0 PAGE
671
1. John S. Taylor III and W. B. Johnson Properties, Inc., owner
and lessee of a tract of land generally described as follows:
Bounded on the North by Papaya Street, on the South
by ,Marianne Street, and on the East by Mandalay Avenue,
and on the West by the Gulf of Mexico,
agree and recognize that the general public is to have those rights of ingress
and egress, pass and repass, and the use for beach recreation purposes of
that portion of the above referenced tract heretofore designated as the
beach area as may be legally afforded to the public.
2. Parties of the second part agree that 'maintenance vehicles and
personnel that the party of the first part employ and utilize shall have the
right to traverse the beach area to reach areas of the public beach North
and South cif the beach area. Party of the first part covenants to maintain
and patrol the beach area in the same manner as it maintains and patrols
the public beach North and South of the beach area.
3. John S. Taylor ill and W. B. Johnson Properties, Inc., as
owner and lessee, reserve the right to keep the beach area in a clean and
aesthetic condition, and further reserve the right to maintain security
protection of such area and further reserve all other rights of ownership
provided that the exercise of the rights identified in this paragraph shall
not directly or indirectly destroy or hinder the rights of the gener al public
recognized herein.
4. The City of Clearwater shall be considered as a proper party to
enforce the rights of the public recognized herein and shall have standing to
assert such rights in an appropriate forum should same be necessary. The
parties further agree that damages shall never be considered to be an
adequate remedy to enforce the rights of the public recognized herein and
that a breach thereof shall be considered to constitute irreparable injury.
5. This agreement is not intended to nor shall it ever be construed
to grant or convey any property rights in and to any portion of the beach area
to any person or entity nor shall the rights of the public herein recognized
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O.R. 502 OPA6E 6 72
be deemed an easement nor should this agreement be deemed a deed of
conveyance. The parties further agree that during the term of this agreement,
which shall not extend beyond the life of the leasehold estate belonging to
W. B. johnson Properties, Inc., or its Successor or assigns, the parties
of the second part, including but not limited to the guests of the Holiday Inn
to be developed on the property, shall enjoy and have access over the beach
area and use thereof and the waters of the Gulf of Mexico for beach recreation _
purposes, and same shall not be impeded as a result of this agreement.
Nothing herein contained shall be construed to constitute either a conveyance,
waiver or release of any rights already belonging to any party hereto prior
to the execution of this agreement.
6. Any rights belonging to upland owners or the parties of the second
part and their successors and assigns under Chapter 161 of the Florida Statutes
or any other statute giving said parties the right to apply for a waiver of the
coastal construction controlli.ne, are neither intended to nor shall they be
deemed to be waived by this agreement.
7. This agreement and the rights conferred by it shall be binding
upon each of the parties and their heirs, Successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
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Attest:
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City Clerk '.
Party of the First Part
WITNESSES:
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/l10hn S. Tay16r"'III
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As to John S. Taylor III
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Parties
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O.R. 5 0 2 0 PAGE 673
STATE OF FLORIDA )
COUNTY OF PINELLAS ) ~
I HEREBY CERTIFY, tha t on this ~t!--/ day of ,
A.D., 1980, before me personally appearea-Anthony L. hoemaker, Thomas
A. Bustin, Lucille Williams and Charles F. LeCher, respectively City
Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of
Clearwater, Florida, a municipal corporation, to me known to be the
individuals and officers described in and who executed the foregoing
agreement and severally acknowledged the execution thereof to be their
free act and deed as such officers thereunto duly authorized; and
that the official seal of said municipal corporation is duly affixed
thereto, and the said agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the
Coun ty of Pine11as and State of Florida, the day and year 1a.$.t. ,qpove
written. . . ""'"
~ Commission Expires:
at", Public, State of Florida at large
My Coatmission Expires Aug. 28, 1982
'~.,M I,. .m....cen ,.... a. C.suelty Company
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared JOHN S. TAYLOR III to me well
known and known to me to be the individual described in and who executed
the foregoinginstrument and acknowledged before me that he executed the
same for the purposes therein expressed.
WITNESS my hand and official seal this tlOt:l day of n?1.A<!.JJ ,
A.D., 1980.
My
Oommission Expires:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Before me, the undersigned authority, this day personally
appeared J. RICHARD STEPHENS, to me well known and known to me to be
the individual described in and who executed the foregoing instrument
as Vice President of the Corporation named in the foregoing instrument,
and he acknowledged to and before me that he executed said instrument
on behalf of and in the name of said corporation as such officer; that
the seal affixed to said instrument is the corporate seal of said
corporation and that it was affixed thereto by due and regular corporate
authority; that he is duly authorized by said corporation to execute
said instrument and that said instrument is the free act and deed of
said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my offica1 seal this ~l day of ~-.t.t), A.D., 1980~" .'. '.:
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My Commission Expires:
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