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FIRST AMENDMENT TO DRAINAGE EASEMENT AGREEMENTKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2013332229 10/11/2013 at 09:50 AM OFF REC BK: 18191 PG: 2116 -2120 DocType:EAS RECORDING: $44.00 FIRST AMENDMENT TO DRAINAGE EASEMENT AGREEMENT THIS FIRST AMENDMENT TO DRAINAGE EASEMENT AGREEMENT, entered into this 5 day of Q uyut A i - , ?. - y and between the CITY OF CLEARWATER, FLORIDA, a Florid'a municipali which has a mailing address of P.O. Box 4748, Clearwater, Florida 33758, as Grantor, and CRUM PROPERTIES II, LLC, a Florida limited liability company whose principal place of business is 100 S Missouri Avenue, Clearwater, Florida 33756, as Grantee. WITNESSETH: WHEREAS, Grantor and Information Management Resources, Inc. (IMR) entered into that certain Drainage Easement Agreement (Agreement) dated July 30, 1998 and recorded in Book 10195, page 2255 of the Official Records of Pinellas County, Florida; and WHEREAS, the easement rights granted by virtue of the Agreement encumber certain real property owned by Grantor as described in Exhibit "A" to the Agreement (Original Easement Premises) and are appurtenant to certain real property (Dominant Tenement), a portion of which is owned by Grantee as successor in title to IMR; and WHEREAS, in accordance with Paragraph 8 of the Agreement, Grantor may relocate the Original Easement Premises under certain conditions. NOW, THEREFORE, the parties, in consideration of the undertakings, promises and agreements herein contained, agree and covenant with each other as follows: 1. RECITALS. The foregoing recitals are hereby made a material part of this Agreement and are incorporated herein by this reference. 2. TRACT 1, EASEMENT PREMISES REDEFINED. Exhibit "A" to the Agreement shall be replaced and restated in its entirety as reflected in Exhibit "A" hereto. Page 1 of 4 3. NOTICE. In accordance with paragraph 15 of the Agreement, notice o�f� change of address as to the Grantee is as follows: If to Grantee: Business Affairs, 100 S. Missouri Ave., Clearwater, FL. 33756 4. REMAINDER OF AGREEMENT UNAFFECTED All other terms and conditions of the Agreement which are not expressly amendecl or deleted herein shall continue in full force and effect. The Remainder of This Page /ntentionally Left Blank w U:\Leases\Times Blk. Lease-back Temp 0511.doc Page 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendmeni: to Drainage Easement Agreement as of the date set forth above. Countersigned: — �P���e �1 C�R1��S George N. Cretekos, Mayor Approved as to form: � � Laura Lipowski Mahony Assistant City Attorney STATE OF FLORIDA : ss COUNTY OF PINELLAS : CITY OF CLEARWATER, FLORIDA By: .• r� �1�-l�L+r.�� William B. Horne, II, City Manager Attest: Rosemarie Call, City lyf ���v� Y/�I�+ � `��1� °o. 'c-� �-- C � `�i +� � c;""�� �� _, 7!'"� BEFORE ME, the undersigned, personally appeared George N. Cretekos, ancl William B. Horne, II, Mayor and City Manager respectively of the City of Clearwater„ Florida, who executed the foregoing instrument and acknowledged the executiori thereof to be their free act and deed for the use and purposes herein set forth, and whc� are personally known to me. WITNESS my hand and official seal this � day of ,��c,�r,z 20��3 � ,� � L/ �? � � a tic ' � , Notary Public Print/Type Name My commission expires: :o�►f� °� Notary Public State ot Florida , Patricia A Kuugowski � c Q� My Commission 00934599 ��p� no° Expires 10/20/2013 N U:\Leases\Times Blk. Lease-back Temp 0511.doc Page 3 Wit esses: Witness � � �_. Print Witn s Name STATE OF FLORIDA : ss COUNTY OF PINELLAS : CRUM PROPERTIES II, LLC ' ;� � . � i� f�rr�wfL ul . C,c�r•.if�. �.•ct;,�4•-� Print Name / Title (CORPORATE SEAL) BEFORE ME, the undersigned, personally appearecl �� ��; �,� (.c ). C' �r,, vr� , S,r-, as of Crum Properties I I, LLC, a Florida limited liability company, who executed the foregoing instrument ori behalf of said LLC and acknowledged the execution thereof to be his/her free act ancl deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this � day of �jE� ,��b�� , 2012. ,-' � zaL a� C • ��-- Notary Public ' / I -�'� �t UGZ�O, �} %-� olC�i � %�s Print/Type Name My commission expires: � -�5-r'y `�SP{yY PL�i RHONDA C. WAGERS ;'r°„ .`� ; Notary Public - State of Florida : :•; My Comm. Expires Apr 25, 2014 ;'� `�`� Commission # DD 985129 . yt P �� ��' �°�� ��'� Bonded Through Nalional Notary Assn. ■ U:\Leases\Times Blk. Lease-back Temp 0511.doc Page 4 EXHIBIT "A" PARCEL A: LOTS 16,17, and 18 BLOCK 5(also known as subdivided Lot 5) of the REVISED MAP OF R.H. PADGETT'S SUBDIVISION, as recorded in Plat Book 4, page 32, of the Public Records of Pinellas County, Florida. PARCEL B: The West 2/3 of Lot 9; All of Lots 10 and 11 AND the North 60.0 feet of Lots 12 and 13 of W.F. HUGHEY'S SUBDIVISOIN, as recorded in Plat Book 1, page 70, of the Public Records of Pinellas County, Florida. PARCEL C: Commence at northeast corner of Lot 7 of Macdixon's Sub., recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, FL. Also being the Southwest corner of Gould Street and Madison Avenue. thence S 0°09'11" E a distance of 50.16' along the west Right of Way of Madison Avenue to a point of beginning, also being the northeast corner of Lot 8. thence run S 0°20'37" W a distance of 99.84' along said west Right of Way of Madison Avenue; Thence run S 0°15'14" E a distance of 30.00' along west Right of Way of Madison Avenue; thence N 88°52'41" W a distance of 90.00 ; thence S 34°44'28" W a distance of 23.22'; thence N 88°52'41" W a distance of 32.71'; thence N 0°13'S6" W a distance of 48.45'; thence N 89°15'02" W a distance of 14.30'; thence N 0°30'49" E a distance of 99.95'; thence S 89°12'35" E a distance of 150.00' to the point of beginning.