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GAMBEST CORPORATION <- I I AGREEMENT GREEMENT made and entered into this ~ Y day of , 1967, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as IICityll, and GAMBEST CORP., a New York Corporation, hereinafter referred to as l1Corporation II; WITNESSETH WHEREAS, the City is the owner of certain described property by reason of conveyance described as Instrument No. 590506, recorded in Deed Book 834, page 49 of the Public Records of Pinellas County, Florida, said property being described as follows: '-1 Begin at the NW corner of the NE-l/4 of the NW-l/4 of Section 22, Township 29 South, Range 15 East and run o 0 thence S 89 0314911 E, 30.0 feet; thence N 0 0210411 E, 94.09 feet along the Easterly line of Greenwood Avenue for P. O. B. of the center line of a 10 foot sanitary sewer right of way; thence N 17048'00" E, Ill. 69 feet; thence N 21046130" E, 142.46 feet to end of sanitary sewer right of way on Northerly line of Gambest Corp. tract; \~ "'-', ,. ';... '- "'~'l ~ and and/or lessee WHEREAS, the Corporation is the owner/of the abutting property both on the East and West of said property owned by the City, same being a ten foot {10'} strip of land dedicated for the maintenance of utilities only; and WHEREAS, the Corporation contemplates the building of a shopping and/or leased center on the land owned,.by the Corporation, lying between Missouri Avenue on the East and Greenwood Avenue on the West, and such shopping center would encompass the land abutting the above described land owned by the City; and WHEREAS, the City has given permission to the Corporation for said ten foot (10 I) strip to be used as a part of the parking lot necessary to the construction of said shopping center, and is desirous of reducing such agreement to writing; -1- J1'--u /,~/ 'f)Q ..l/l:.(5t~ I I NOW" THEREFORE" it is agreed by and between the parties as follows: 1. The parties are in agreement that said land hereinabove described is owned by the City and dedicated for the purpos e of maintenance of utilities. 2. That said ten foot (10 ') parcel of land will be in an area of the shopping center used for the purpose of normal parking lor the shopping center. 3. That the City hereby agrees that said land above described may be utilized by the Corporation for the purpose of paving said parking lot, the Corporation having the right of ingress and egress, and further agrees that the peaceful possession of said strip of land, insofar as the Corporation is concerned, will not be disturbed except on a temporary basis for the purpose of making neces sary repairs or installation of utilities. It is mutually agreed between the parties hereto that in the event the City finds it necessary for maintenance or installation of new utility lines underneath the paving of the parking lot herein mentioned that the patching and all repair work done on the parking lot will be done at the expense of the Corporation. 4. The Corporation agrees that it will only use the parcel of land hereinabove des cribed as a portion of their parking lot, and will not build or erect any building on said parcel; that the only use of said parcel by the Corporation will be that of normal shopping center parking area. IN WITNESS WHEREOF, the parties have hereunto set their hands " and seals irst above written. Signed, sealed and delivered in the prejence of: /{ -- GAMBEST CORP., a New York corporation By -2- :>'~'-' I I STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY That on this ~1;dvday of .J~~ ' 1967, before me personally appeared James R. Stewart, City Manage , H. Everett Hougen, Mayor-Commissioner, R. G. Whitehead, City Clerk and Herbert M. Brown, City Attorney, of the CITY OF CLEARWATER, FLORIDA, a municipal corporation, to me known to be the persons described in and who executed the foregoing Agreement, and severally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; that they affixed thereto the official seal and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at City of Clearwater, in the County of Pinellas, and State of Florida, the day and year last aforesaid. STATE OFff~~ ) COUNTY OF ~L~ I HEREBY CERTIFY That on this flt:I day of , 1967, before me personally appeared Alex Stern an~ S. Elovi , President and Secretary respectively of GAMBEST CORP. r, a corporation under the laws of the State of New York, to me known to be the persons described in and who executed the foregoing Agreement. andseveurally acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes therein mentioned; that they affixed thereto the official seal of said corporation, and the said instrument is the act and deed of said corporation. x::..~ ~~ Notary Public Notary Public, State of Florida at .lar~e My Commissicn Expires Oct. 22, 1970 .~nde:d, By American Fire & Casually co.~ ....._ My Commission Expires: of P' Notary Public DENNIS R. KATZ Notary Public, State of New York No. 31.7173620 New York CountY-- Term Expires March 30, 1968 _ - My Commission Expires: -3-