SECOND AMENDMENT TO AGREEMENT OF 12/30/70 - SURVEY IN FILE
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SECOND N'lliND~illNT TO AGP~EMENT
THIS SECOND NilENDMENT TO AGREE}/illNT made and entered
into as of the 15th day of November, A.D. 1973, by and between
LYKES BROS, INC., a Florida corporation (hereinafter referred
to as "Lykes"), the BANK OF CLEAm'JATER, a Florida banking
corporation (sometimes hereinafter referred to as "Bank") and
the CITY OF CLEARWATER, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida
(hereinafter referred to as "City");
WIT N E SSE T H T HAT:
WHEREAS, the City and the Bank have entered into and
performed a written agreement entitled "Agreement For Sale and
Purchase" dated December 30, 1970, and
~mEREAS, Lykes Bros, Inc. has conveyed to the Bank by
Long Term Lease, a leasehold interest in part of ,the real property
referred to below, and
WHEREAS, the City desires to realign Laura Street to
connect on Hendricks Streets by way of the City's parking lot
(formerly Atlantic Coast Line Railroad right-of-way), and
WHEREAS, the parties hereto desire to further amend the
said agreement in accordance with the terms and conditions set
forth above,
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions herein and the execution of this
agreement, the parties hereto do hereby agree as follows:
1. The Bank will convey by fee simple deed to the City
a triangular piece of property of approximately 900
square feet located at the southwest corner of the
parcel owned by the Bank north of Laura Street and
east of the City's parking lot. (Parcel A on attached
nap) .
2. ~he City will convey by fee simple deed to the Bank
a strip of land 10' wide containing approximately
900 square feet located irmnediately _vest of the parcel
mined by the Bank and north of the relocated
Laura Street. (Parcel B on attached map) .
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3, Lykes Bros. , Inc., joined by the Bank will convey
by fe~ simple deed to the City a piece of property
of approximately 600 square feet located at the
northeast corrier of the parcel owned by Lykes
Bros. Inc., south of Hendricks street and west of
the City Parking Lot {Parcel C on attached map) ,
which said property is subject to a Long Term
Lease by Lykes Bros. Inc. to the Bank.
4. The parking lot lease from the Bank, as Lessor, to
the City, as Lessee, which was originally established
pursuant to paragraph 1 of the said December
30, 1970 Agreement, with respect to Lots 1 and 2
of Block 8 of Gould and Ewings First Addition per
plat recorded in Plat Book 1 at Page 24, Public
Records of Hillsborough County of which pinellas
County was formerly a part, shall be terminated and
cancelled as of December 1, 1973, and the City shall
forfeit, waive and release to the Bank any and
all funds which it would have been entitled to
receive under said lease as of the date of said
cancellation. The Bank shall be entitled to exclusive
possession of the said premises as of December 1, 1973.
5. The real property exchanges provided for above
shall be closed at the earliest possible date after
the City has furnished to the Bank the following:
(a) Survey and legal description of Parcels A, B & C;
(b) The instruments of conveyances (fee simple deeds)
needed in order to complete the closing referred
to !l.bove;
(c) Commitment for title insurance policy insuring
merchantable title in the Bank with respect to
Parcel B. Said title policy to be in the amount
of $5,760.00. (900 square feet at $6.40).
(d) The City shall provide its own title insurance, if
desired, with respect to Parcels A and C.
6. The Bank and the City hereby agree to cooperate J.n
the construction of the perimeter sidewalks and
curbs around the Bank's new drive-in banking facilities
in the following manner:
(a) The Bank will pay the cost of constructing the sidewalks
and curbs around the perimeter of approximately the
eastern two-thirds of Block 18, Gould and Ewings
First Addition to Clearwater and the City will pay the
cost of constructing the perimeter sidewalks and curbs
around approximately the west one-third of the said
Block 18, the Bank agrees to provide the City with
construction easements wherever the construction of
the said sidewalks and curbs by the City would encroach
upGn the property of the Bank. The said perimeter
sidewalks, curbs and gutters are shown in the Stewart-
Richmond Architects drawing entitled "Parking Study",
Sheet No. SP-2, dated 17 October, 1973, which has been
attached hereto and is hereby incorporated by reference
and made a part hereof.
7. Each Grantee named in the deeds referred to above shall
pay all fees and costs necessary to complete the
recording of thedeed(s) it receives.
8. T',i.s "Second Amendment to Agreement" shall be executed
lD f~ve (5) counterparts, each of which shall
be an original document, and they shall be designated
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and dist~ibuted as follows:
COUNTERPART DESIGNATION
RECIPIENT
Counterpart No. 1
Office of the City Manager
City of Clearwater
Counterpen: No. 2
Office of the City Attorney
City of Clearwater
Counte'rpart );0. 3
Counterp2.rt No. 4
Counterpart No. 5
Bank of Clearwater
Lykes Bros.
Inc.
Macfarlane, Ferguson, Allison &
Kelly, Attorneys
6 South Fort Harrison Avenue
P. O. Drawer 2197
Clearwater, Florida 33517
IN WITNESS WHEREOF, the parties.have hereunto caused this
instrument to be executed the day and year first above written.
BY
ATTEST:
Name:
Title:
Signed, Sealed and Delivered in the Presence of:
STATE OF FLORIDA )
) ss
COUNTY OF HILLS BOROUGH )
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments,
CHESTER H. FERGUSON AND C. B. MELVIN, Chairman of the Board and
Secretary respectively of Lykes Bros. Inc.
to me well known to be the persons described in and who executed
the fcresoing Second fu~endment to Agreement and duly acknowledged
before ~e that they executed the same for the purposes therein
expressed as the act and deed of said corporation.
=~; :';-=-=~;ESS%lIEP..EOF, I have ;,ereunto set my hand and affixed
"y c::::i=::.:::.'=" seal at Clearwater, said County and State, this 19th
day '0:: December ,iL D. .=..? - 3 .
G'~:::rr ;".v"",:' 2cl Qjcj.",<,--~~, <hi
Notary Publlc
=-===---_:':33 ion Expires: Notary Public State of Florida at large
My Commiss,on Ex~ircs r.~aj 1, 1975.
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CITY
BY:
igned, Sealed and Delivered ln the Presence of:
LrY~
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::i~~tness:
STATE OF FLORIDA )
COUNTY OF PINELLAS )ss
I HEREBY CERTIFY that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments,
Cf/~;(J1-4-/~h;/ ~ /<, )J~
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to me well known to be the persons described in and who executed
the foregoing Second Amendment to Agreement and duly acknowledged
before me that they executed the same for the purposes therein
expressed as the act and deed of said municipal corporation.
IN WITNESS HHEREOF, I have hereunto set my hand and affixed my
official seal at Clearwater, said County and State, this I~~
day of d~ ' A.D. 19'7~
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Not y Public ...,'../~<-_..._-~/
Ny Co~ission Expires:
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f4~ JIolahe, ~tGiW" ., ~orfJci' Cil Idfl!l
My Comrnissien Expires Sept. 2" 1977
Bonded by American Fire & CaS\Jalty Co.
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BANK OF CLEAmv'ATER
BY:
ATTEST:
Joyce . Schneider
Assistant Cashier
Signed, Sealed and Delivered In the Presence of:
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rwater
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day personally appeared before
me an officer duly authorized to administer oaths and take
acknowledgments,
JOS. F. CORNELIUS and JOYCE M. SCHNEIDER, Chairman of the Board and
Assistant Cashier respectively of Bank of Clearwater
to me well known to be the persons described in and who executed
the foregoing Second Amendment to Agreement and duly acknowledged
before me that they executed the same for the purpose therein
expressed as the act and deed of said Florida banking corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal at Clearwater, said County and State, this 13th,
day of December , A. D. l~J' ... . _
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-:l'!Iy Commission Expires:
- NCTAPY PUSU:, ST':r:. rf rU~;,!I\!\ lit LARGE
MY COMMISSION EXPlrlES AU3. 10. 1974
BONDED THROUGH FRED W. DIESTELHO~::;T
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SURVEY IN FILE