CLEARWATER MARINE AQUARIUM INCReturn to:
City of Clearwater Engineering Dept.
PO Box 4748
Clearwater, FL 33757
PARKING EASEMENT
THIS PARKING EASEMENT (this "Parking Easement") is made and entered into on May Ly,
2011, between CITY OF CLEARWATER, a municipal corporation ("City") and CLEARWATER MARINE
AQUARIUM, INC., a Florida not for profit corporation ("CMA"), whose address is 249 Windward Passage,
Clearwater, FL 33767.
WHEREAS, City conveyed to Clearwater Marine Science Center, Inc., now known as CMA, that
certain parcel of land described in the Deed of Conveyance ("Deed") dated September 12, 1986, and
recorded in Official Record Book 6319, Page 798, in the Public Records of Pinellas County, Florida (the
"Records"), and further described in Exhibit A attached hereto and incorporated herein ("Property");
WHEREAS, pursuant to the Deed, the City reserved a portion of the Property for a non-exclusive
easement for sidewalk, drainage, utilities and access and for the parking of not more than twenty-two (22)
motor vehicles ("Easement Area");
WHEREAS, upon request of CMA, City partially vacated the Easement Area on May _, 2011,
pursuant to City Ordinance 8259-11, which vacation was approved to facilitate implementation of the site
plan submitted in connection with City Flexible Development case number FLD2011-02006 approved on
May _, 2011 ("Site Plan"), a copy of which is attached hereto and incorporated herein as Exhibit "B"; and
WHEREAS, the vacation was conditional upon the recording of this easement after the issuance
of a Development Order in case FLD2011-02006 which includes the replacement of those parking spaces
impacted by the partial vacation of the Easement Area; and
WHEREAS, CMA agrees to provide a total of twenty-four parking spaces on the Property for the
exclusive use and benefit of the users of the adjacent, city-owned boat slips ("Marina Parking Users").
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto
agree as follows:
1. Recitals. The recitals above are true and correct and hereto incorporated in this Parking
Easement.
2. Parkinq Reservation. CMA grants an easement to the City for a total of twenty-four parking
spaces on the Property, as depicted on the Site Plan and identified thereon as "Reserved for Municipal
Slip Usage" ("Marina Spaces").
3. Use. CMA agrees that all Marina Spaces shall be (i) identified as Marina Spaces, (ii) available for
24-hour access by the Marina Spaces users, and (iii) free to Marina Spaces users.
4. Site Plan Modification. In the event the City approves an amendment to the Site Plan pursuant to
the City's Land Development Code ("Code"), which results in a relocation of Marina Spaces, this Parking
Easement may be amended upon CMA's application to the City Council to incorporate a revised site plan
("Revised Site Plan") into this Parking Easement.
5. Effective Date. This Parking Easement shall be effective on the date of the recording of this
Parking Easement in the Public Records. This Parking Easement shall not be recorded without the
subordination of the existing mortgage to this Parking Easement as evidenced by the consent and joinder
attached hereto and the approval of FLD2011-02006.
#558911 0 - CMA/parking easement
6. Binding Effect. The benefits and burdens of this Parking Easement shall run with the Property
and shall bind the owners thereof, and their respective heirs, successors in title, legal representatives and
assigns.
7. General Provisions. Except as specifically modified herein, the Deed and all of the reservations,
restrictions, and terms and provisions therein shall remain in full force and effect. This Parking Easement
may not be modified in any respect whatsoever or rescinded, in whole or in part, except as identified
herein, without the written consent of the parties and recorded in the Public Records of Pinellas County,
Florida.
8. Entire Agreement and Modifications. This Parking Easement constitutes the entire understanding
and agreement between the parties and shall not be changed, altered or modified, except by an
instrument in writing signed by the party against whom enforcement of such change would be sought. In
the event any terms or provision of this Parking Easement would be determined by competent judicial
authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or shall
be construed as being in full force and effect.
9. Governing Law. The law of the State of Florida shall govern the validity, enforcement and
interpretation of this contract and the parties agree that venue for any action arising hereunder or with
respect to the rights granted hereunder shall lie in Pinellas County, Florida.
10. Severability. A determination that any provision of this Parking Easement is unenforceable or
invalid shall not affect the enforceability or validity of any other provision, and any determination that the
application of any provision of this Parking Easement to any person or circumstance is illegal or
unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other
persons or circumstances
IN WITNESS WHEREOF, the parties hereto have executed and affixed their official seals to this
agreement on the day and year first above written.
Witnesses:
Printed Name:
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CLEARWATER MARINE AQUARIUM, INC.
By: Prank Da He
Its: Executive Vice President
Printed Name: i `e??'ne • Co le,
By: ?. .
William B. Horne II, City Manager
Attest:
Rosemarie Call, City Clere ° 50 4?`?F
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CITY OF CLEARWATER, FLORIDA
Countersigned:
Frank
Camilo A. Soto
Assistant City Attorney
VA
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 5"- day of M , 2011, by
Frank Dame as Executive Vice President of CLEARWATER MARINE AQUARIUM, INC., Florida non-
pr fit corporation, o behalf of the corporation. He is personally known to me or has produced
r?a, of n ver s f jC.GflS6s identification.
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N Wry P is
Print Name:
J NE E. 5EARS
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COUNTY OF PINELLAS .. „? j Bonded ThnTroyFain lnsMmeo800385-7019
The foregoing instrument was acknowledged before me this loaday of 2011, by
WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is v? per onally known
to me or who produced as identification.
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CONSENT & JOINDER
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain Mortgage and other instruments of security dated December 1,
2010 as recorded in O. R. Book 17129, Page 1391 of the public records of Pinellas County, Florida does
hereby join with Grantor and consents, subject to the terms of this Consent & Joinder, to the grant of
easements as conveyed in the herein described Parking Easement as same shall encumber a part of the
Property more specifically described in Exhibit "A" attached hereto and made part hereof, and does
hereby subordinate, subject to the terms of this Consent & Joinder, all of its right, title, interest and claim
in the aforementioned lien to the easement rights Grantor has conveyed in the herein described Parking
Easement (collectively the "Consent and Subordination").
The Consent and Subordination shall only become effective upon the non-voidable vacation
pursuant to City Ordinance No. 8259-11 of the Easement Area as provided in the Site Plan attached as
Exhibit "B" to the Parking Easement. Additionally, the Grantor and the undersigned Mortgagee must
consent to any Revised Site Plan described in Section a of the Parking Easement or any other
amendment to the Parking Easement in order for the Consent and Subordination to be applicable to such
Revised Site Plan or amendment to Parking Easement.
Signed, sealed and delivered
0 In h presence of: 2
Wif ess signature
Branch Banking and Trust Company,
a North Carolina corpora
By:
Print Namel
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STATE OF
COUNTY OF G
The foregoing instrument was acknowledged befor me this ? day of M 6
2011 by r , as of Branch Banking
and Trust Company, a North Carolina corporation, mortgagee in the above-described lien, whom, being
duly authorized, personally executed this instrument on behalf of said bank corporation, and who
acknowledged the execution thereof to be a free act and deed for the uses and purposes therein
expressed, and who [ ] is personally known to me, or who [ ] did provide
as identification.
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