CONSENT TO ASSIGNMENT & ASSUMPTION OF MUNICIPAL AGREEMENTS COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER
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CONSENT TO
ASSIGNMENT AND ASSUMPTION
OF MUNICIPAL AGREEMENTS
THIS CONSENT TO ASSIGNMENT AND ASSU~PTION OF MUNICIPAL
AGREEMENTS is made and entered into this ~' day of ~
198~, effective as of this.30W- day of December, 1987, by the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORIDA, a body politic and corporate under the laws of the state
of Florida (hereinafter referred to as the "Agency"), and the
CITY OF CLEARWATER, FLORIDA,a body politic and corporate under
the laws of the State of Florida (hereinafter referred to as the
"City").
WIT N E SSE T H
WHEREAS, pursuant to Assignment and Assumption of
Municipal Agreements dated as of December 30 , 1987, (the
"Assignment") by and between J .K. FINANCIAI;=-CLEARWATER SQUARE,
INC., a Florida corporation (hereinafter "Assignor"), and MARIA
REAL ESTATE INC., a Florida corporation (hereinafter
"Assignee"), all of Assignor's interest in the following-
described instruments have been assigned to Assignee and Assignee
has assumed the obligations of Assignor thereunder:
(a) Development Agreement dated July 14, 1983, recorded
in Official Records Book 5868, Page 1530 of the Public Records of
Pinellas County, Florida, as modified by Amendment dated July 25,
1984, with the City of Clearwater, Florida and the CLEARWATER
REDEVELOPMENT AGENCY, now known as the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CLEARWATER recorded in Official Records
Book 5868, Page 1543 (as modified, the "Development Agreement");
(b) a lease of a portion of the parking garage owned by
the Agency constructed pursuant to the Development Agreement
(the "Parking Lease"); and
(c) Assignor's interest under all other parking
agreements, developer agreements, municipal agreements, or other
agreements benefitting and burdening all or any part of the real
property located in the City of Clearwater, County of Pinellas,
State of Florida, legally described in Exhibit "A" to the
Assignment (hereinafter referred to as the "Premises"),
including, without limitation, that certain Maintenance and
Operation Agreement for the Park Street Garage between the City
and Assignor dated November 11, 1986; and
(The Agreements referred to above are hereinafter
collectively referred to as the "Agreements").
WHEREAS, all the executory provisions contained in
paragraphs 3, 4, 5, 5.01, 5.02, 5.03, 6., 6.01, 7.01, 7.02, 8, 9.
9.02,10. (a-g), 11.(a), 11.(b), 13, 14.01, 14.02, 14.04, 14.05
and 19.10 of the Development Agreement, including the payments
required by the Agency thereunder, have been fully performed and
satisfied by the City, the Agency and J.K. FINANCIAL-CLEARWATER
SQUARE, INC.
WHEREAS, a true and correct copy of the Assignment is
attached hereto as Exhibit "A" and incorporated herein by
reference, and Assignor and Assignee have requested that the
Agency and the City consent to the Assignment, and the Agency and
the City are willing so to do subject, however, to the terms,
covenants, conditions and provisions of the Agreements, and the
terms and conditions provided in the Assignment;
NOW, THEREFORE, for and in consideration of the premises
and other good and valuable consideration, the receipt and suf-
ficiency of which is hereby acknowledged, the Agency and the City
hereby consent to the Assignment, subject to the terms, cove-
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nants, conditions and provisions of the Assignment and the
Agreements assigned thereby, and agree as follows:
1. Notices. Any notice or demand that is permitted or
required by any of the Agreements shall be in writing, and shall
be deemed to have been given when personally delivered, or one
(1) day after deposit into Federal Express or other prepaid
courier service that guarantees overnight delivery, or three (3)
days after deposit in the United states mail, certified or
registered, return receipt requested full postage prepaid,
addressed to the party for whom such notice is intended as
follows:
If to Assignee:
MARIA REAL ESTATE INC.
c/o Citicorp Real Estate, Inc.
2502 Rocky Point Road, Suite 695
Tampa, FL 33607
If to Agency:
If to City:
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER
Post Office Box 4748
Clearwater, Florida
CITY OF CLEARWATER
Attn: City Manager
P.o. Box 4/48
Clearwater, FL 34618-4748
The above addresses may be changed from time to time by the party
holding such address, by the giving of a written notice
designating the new address for future notices. Notice given by
any means other than as set forth in this paragraph shall be
effective only upon actual receipt by the party for whom the
notice is intended.
2. Fulfillment of Obligations. By the execution hereof,
CITY and AGENCY agree that all the executory provisions contained
in Paragraphs 3, 4, 5, 5.01, 5.02, 5.03, 6., 6.01, 7.01, 7.02, 8,
9. 9.02, 10. (a-g), 11.(a), 11. (b), 13, 14.01, 14.02, have been
fulfilled, complied with and satisifed in full; that by virtue of
this instrument and satisfaction of said obligations those terms
and conditions are no longer considered covenants affecting the
land.
3. Successors and Assigns. The terms and conditions of
this Consent shall inure to the benefit of, and shall bind, all
parties hereto and their respective successors and assigns, all
tenants and their subtenants (if any).
4. Construction. Whenever used herein and the context
requires it, the singular number shall include the plural, the
plural the singular, and any gender shall include all genders.
5. Governing Law. The parties agree that the law of the
State of Florida shall govern the construction, interpretation
and enforcement of this Consent.
IN WITNESS WHEREOF, the parties hereto have executed
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this Consent as of the day and year first above written.
By:
"AGENCY"
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COMMUNITY
AGENCY OF
CLEARWA
ATTEST:
ATTEST.:.,' .
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~T_ATE -OF FI:',ORIDA
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COUNTY'. OF .'OF lNELLAS
The foregoing instrument was acknowledged before me
this 28th day of March , 198~,-, by Rita Garvey ,
and --Cynthia E. Goudeau , respectively, the Chairman of
the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, and
the City Clerk of the CITY OF CLEARWATER, FLORIDA, a body politic
and corporate under the laws of the State of Florida, on behalf
of th~ Agency. ~, ~ J J ,i'
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c~);rARiAL SEAL:).
My Commission Expires:
- ..
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Notary Pubh(, Slate of Horida
My Commission Expires july li., 1938
~ ~onded Thru Troy fain. Jnsurlilnce, Jnc.
STATE OF FLORIDA
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)SS.
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COUNTY OF PINELLAS
The foreqoing instrument was acknowledged before me this
28th day of MarcO. , 1988, by Rita Garvey as
Mayor eb~ri.Jna11"" and Cynthia E. Goudeau - as City Clerk, of the CITY OF
CLEARWATER, FLORIDA, a body politic and corporate under the laws
of the state of Florida, on beha~of the~CitY' " /f}. ~
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Notar P llC
(If(y;ARIl}]:. SEA"L) ..
., "'--' .. - My Commission Expires:
Notary I'ubh(, State of Florida
.My Commission Expires July 22, 1988
~Dd.ed, 1 hru Troy fain ~ Imucdo::tl, 'nc.
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