HOLLAND WESTSHORE INCORPORATED OWNER OF CLEARWATER MALL
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Prepared By and Return To:
James E. Slater, Esquire
Broad and Cassel
Barnett Bank Center
P.O. Box 4961
Orlando, Florida 32802-4961
For Recording Purposes Only
TERMlNA TION OF ROADW A Y AGREEMENT
I -It... THI T INA nON OF ROADWAY AGREEMENT is made and entered into this
f,Ir~day of , 1995, by and between the CITY OF CLEARWATER, FLORIDA, a
municipal cottfo a on organized and existing under the laws of the State of Florida, whose
address is Post Office Box 47487, Clearwater, Florida 34618-4748 (the "City"); HOLLAND
WESTSHORE, INC., a Delaware corporation, as successor trustee under the provisions of a
certain Trust Agreement dated September 30, 1992 and known as the Clearwater Trust dated
September 30, 1992, whose address is 4350 LaJolla Village Drive, Suite 440, San Diego,
California 92122 (the "Trustee"); and ZBA, INC., a Florida corporation, whose address is 2269
Lee Road, Winter Park, Florida 32789 ("ZBA"):
WIT N E SSE T H:
WHEREAS, the City, Clearwater Mall, Inc. and Clearwater Development Corporation
entered into that certain Agreement dated July 13, 1973 (the "1973 Agreement") pertaining to
.a private road known as Seville Boulevard; and
WHEREAS, subsequently the City and Clearwater Development Corporation entered into
that certain Agreement dated November 24, 1977, (the "1977 Agreement") with the Clearwater
Mall Company, which was the successor to and assignee of Clearwater Mall, and which 1977
Agreement modified and amended the 1973 Agreement (with the 1973 Agreement, as modified
and amended by the 1977 Agreement, being hereinafter collectively referred to as the "Roadway
Agreement"); and
WHEREAS, the Trustee is the current owner of the Clearwater Mall and, therefore, the
successor in interest to Clearwater Mall, Inc. and Clearwater Mall Company; and
WHEREAS, ZBA is the current owner of the portion of Seville Boulevard which was the
subject of the Roadway Agreement and is, therefore, the successor in interest to Clearwater
Development Corporation with regard to the Roadway Agreement; and
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For Recording Purposes Only
WHEREAS, the parties are desirous of terminating the Roadway Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged by each of the parties, the City, the Trustee and ZBA do
hereby acknowledge and agree that the Roadway Agreement shall be and is hereby terminated
and cancelled, shall be null, void and of no further force and effect from and after the date
hereof and none of the parties hereto shall have any further obligation, duty, responsibility or
liability thereunder,
IN WITNESS WHEREOF, the parties have executed this TERMINATION OF
ROADWAY AGREEMENT as of the day and year first above written.
CITY OF CLEARWATER, FLORIDA,
a municipal corporation
By:
Elizabeth,M. Deptula
Name: #a~~
, Ci' ,',' anag r
~;Y~;~~io~~:.~
. - - C1.t~ .aerk
Attest:
::~nre~ h
Name: Rita Garvey
Mayor-Commissioner
(Seal)
Approved as to Form:
By: {If?-CN~ t5'
Name: fJoLt.l A. pl LL
City Attorney
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Print Name:
Print Name:
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FOl' Recording I'Iupose. Only
ZB.A. ~Fl~tiOO ,:-,' " '-,',"
By. ~ :. ;::.
STEVEN W. PAmRSQL- ~,~ -
Its President---- .', - -,
(CORPORATE SEAL)
HOLLAND WESTSHORE, INC.,
a Delaware co~ratioo i::2,
By: ~ {f
~ame: - D . SCti
Title: rv "p ., OEN.&Jl\AL OOVNSEL
(CORPORATE SEAL)
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State of California )
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County of San Diego )
On October 27, 1995, before me Holli G. Hurley, Notary Public, personally appeared David
J. Hirsch personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
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MvComm. Exp/resJUN 8. 1997
Signatur
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