AMENDED AGREEMENT
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AMENDED AGREEMENT
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T~ ~~NDED AGREEMENT made and entered into this ~ day
of ~ ~ , 1985, by and between the CITY OF CLEARWATER,
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, which shall supplant and replace that cer-
tain Agreement entered into by and between the parties hereto on
the 20th day of March, 1980 and recorded in O.R. 5020 com-
mencing at page 670 of the Public Records of Pinellas County,
Florida.
WIT N E SSE T H :
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:
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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:
1. John S. Taylor III and W. B. Johnson Properties,
Inc., owner and lessee of the 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: however, such beach recreation purposes
shall not include the possession or consumption of any beverage
containing alcohol unless such beverage is provided by the party
of the second part or their successors.
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 of 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 III 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 general 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
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shall never be considered to be an adequate remedy to enforce the
rights of the public recognized herein and that a breach thereof
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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 be deemed an easement nor
should this agreement be deemed a deed of conveyance. The par-
ties further agree that during the term of this agreement, which
shall not extend beyond the life of the leasehold estate
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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 par-
ties the right to apply for a waiver of the coastal construction
control line, 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
amended agreement to be executed the day and year first above
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written.
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CITY OF CLEARWATER, FLORIDA
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Approved as to form and
correctness:
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Cit Attorney
Attesti
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City Cl'erk----:--_ -~ ....."
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Party of the First Part
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As to W. B. Johnson Properties
W. B. ~h~NSON P~RTIES'~
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Parties to the S~cond Part
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY ,that on this i, fI:.... day of \ "7Zt.n€-. ,
A.D., 1985, before me personally appeared Anthony L. Shoenrnaker,
Frank Kowalski, Lucille Williams and Kathleen F. Kelly, respec-
tively City Manager, Acting City Attorney, City Clerk and
Mayor-Commissioner of the City of Clearwater, Florida, a munici-
pal 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 authorizedr and that the
official seal of said municipal corporation is duly affixed
thereto, and the said agreement is the act and deed of said cor-
poration.
WITNESS my signature and official seal at Clearwater
County of Pinellas and State of Florida, the day and year
above written.
Notary Public, State of Florida
My Comm;ssion Expires Jan. i, 1989
Ben :Jad 1 hnl '[fOY ~:aill . lnsurClnc:c. inC'.
in the
last
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Notary Pu i~. _.~ ":
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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 foregoing instrument and acknowledged before me that
he executed the same for the purposes therein expressed.
()~day of
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WITNESS my hand and official seal this
A.D., 1985.
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My Commission Expires:
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STATE OF FLORI~~ )
COUNTY OF ~INELLAST )
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Before me, tb.@ unders ,i~ned authori ty, this day personally
appeared ~~e i5.rlwn, I V , to me well known to me
~o be the 1nd ~ual qespriqed in and who executed ~he forego~ng
1nstrument as ~5tt1~-t:= of the Corporat1on named 1n
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 officerr that the seal affixed to said
instrument is the corporate seal of said corporation and that it
was affixed thereto by due and regular corporation authorityr
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 h~v7
my official sealthis. II ~
Notary Pub~!c, Georgia. State at Larie
My Commi~ion Expires June 15, 1987
hereunto S~y jnd and affixed
day of.. - i/l..i~, A.D., 1985.
~
Notary Public
My Commission Expires:
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