CLEARWATER MALL INCORPORATED
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AGREEMENT
THIS AGREEMENT, made and entered into this
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-)f~ A. D. 1973, by and between the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter called "City"; CLEARWATER MALL,
INC., a Florida corporation, hereinafter called "Mall"; and CLEARWATER
DEVELOPMENT CORPORATION, a Florida corporation, hereinafter called
11 Development If.
WITNESSETH:
WHEREAS, Development is developing that certain property known
as Seville, and has a part of that development constructed Seville Boulevard
as a landscaped six-lane divided Boulevard connecting this apartment project
with U. S. Highway 19; and
WHEREAS, Development has created an easement for ingress and egress,
drainage and utilities over the lands known as Seville Boulevard under the terms
of its contract with Clearwater Seville Limited; and
WHEREAS, Development reserved an easement for the lands known
as Seville Boulevard which is recorded in O. R. Book 3051, page 586 of the
Public Records of Pinellas County, Florida; and
WHEREAS, said easement has been granted as a non-exclusive private
road easement in the Grant of Easement recorded in O. R. 3229, page 371 of
the Public Records of Pinellas County, Florida, and has subsequently assigned
this easement to Seville Condominium Associations 1, 2, 3, 4, 7, 8, 11 and
14 by the execution of the Condominium Documents for these Associations; and
WHEREAS, Mall is developing that certain property known as the
Clearwater Mall which abuts Seville Boulevard; and
WHEREAS, Mall is desirous of using Seville Boulevard as one of six
points of access to the Clearwater Mall; and
WHEREAS, City has sponsored the construction of U. S. Highway 19
Overpass over State Road 60 (Gulf to Bay Boulevard), and has encouraged
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the Department of Transportation to facilitate, through construction of inter-
sections, traffic light signals and other road appurtenances, an intersection
design and a traffic movement pattern in the environs of Seville; and
WHEREAS, City is desirous of obtaining the right to use a portion
of Seville Boulevard for the movement of traffic through the Clearwater Mall
along the alignment of an easement to be granted by Mall; and
WHEREAS, all of the parties hereto have expressed an interest in
cooperating in an effort to improve community traffic, movement and access
and have expressed their willingness to serve the public needs insofar as
they are legally able to do so;
NOW, THEREFORE, City, Mall and Development in consideration
of the mutual covenants and agreements herein contained, on the part of
each of the parties hereto to be kept and performed, each agree with the
other s as follows:
1. That Seville Boulevard is and shall remain aprivate road designed
to provide ingress and egress to Seville, and that by virtue of the Grants of
Easement recorded in Condominium Documents now recorded that nothing
contained in this Agreement may be construed to change the status of
Seville Boulevard to a public thoroughfare.
2. Development specifically reserves the right to close Seville
Boulevard to general or public use for one day each year to maintain its status
as private property. Development further reserves the right to close Seville
Boulevard to traffic at any time that the safety and convenience of the residents
of Seville justifies such a course of action.
3. Development and its assigns, Seville Condominium Associations 1,
2, 3, 4, 7, 8, 11 and 14, all Non-profit Corporations under the laws of the
State of Florida, representing all of the owners of apartments of Seville as
of the date of the execution of the se pre sent~ shall have the right upon
presentation of a petition signed by 67% of the owners of these Associations
or upon presentation of a petition signed by 80% of the Board of Directors of
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all of the above named Associations to demand compliance with a request for
temporary or permanent cessation of use of Seville Boulevard as a leg in the
by-pass for cause.
4. If the residents of Seville precipitate the vacation of the use
easement by the City, then Mall hereby agrees to pay for any expense which
the City may incur in keeping open the right-of-way for the Mall Loop Road.
5. City agrees hereby to provide and construct painted traffic lanes
in accordance with a traffic plan approved by Development and to maintain said
striping on an annual basis as long as this contract shall remain in effect.
All proposed striping plans shall be submitted to and approved by Development
before commencement of work.
6. City shall provide municipal police protection and traffic patrol
surveillance over that portion of Seville Boulevard described in Attachment
A hereto, and agrees hereby to enforce a 20 mile an hour speed limit, to
close Seville Boulevard and the Clearwater Mall By-Pas s road to all through
truck traffic and to permit only service trucks and delivery trucks destined
to Seville to pas s along or over Seville Boulevard or the Clearwater Mall By-
Pass Road.
7. Mall hereby agrees to execute Landscape Easement attached
hereto as Attachment B.
8. Mall agrees hereby to pay one-half (1/2) of the annual cost of
maintenance of a median and parkway landscaping, irrigation and lighting of
all that portion of Seville Boulevard westerly of the existing Security Wall. e:::::;...J-r~
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9. Mall agrees hereby to pay Development for one-half ~ of the
taxes of Seville Boulevard as levied each year for as long as this contract shall
remain in force.
10. It is agreed by the parties hereto that the following conditions are
justification (singly or in combination) for an action by Development on behalf
of the Condominium Associations of Seville for closing Seville Boulevard to
public movement of traffic:
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a. Failure by City or Mall to honor their obligations under the terms
of this Agreement.
b. The occurrence of ten (10) traffic accidents on Seville Boulevard
in any calendar year with an aggregate property damage totalling $10,000.00
or more.
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v vI?b' c. An/accident resulting in crippling or death in one calendar year
which causes a Petition to be filed in a manner outlined in Paragraph 3.
d. Should the closing of this road as described herein be recommended
as a favorable course of action in a written report or in testimony by three
(3) professional traffic engineers.
11. This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of each of the parties hereto. If any of the conditions
of this Agreement are not complied with by any party and the party injured must
seek remedy by due process of law, the defaulting party agrees to pay all costs,
fees, and reasonable attorney fees incurred by the party injured pursuant to
remedying said default.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed by their representative officers and their respective seals
day and year first above written
FLORIDA
City Manage'T
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City Clerk
Signed, sealed and delivered
in the presence of:
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As to Mall
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CLEARWATER MALL, INC.
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CLEARWATER DEVELOB~1'EN't~-.::'-< >_
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DESCUPTION OF sr;-;VI1.LT;: 80UL;~~VA..~D ,c.;ljFJi:CT TO T U-,PA{TY
A G ~ r;: 1-: Iv;::::\JT DC: T IV' F: j:.~ N C L ';;f\~ vV A 1 ;={ J) F: V": 1.0 Pi\., ":N '} C U '{ PO{ AT T ON
Cl.S.'\.,~\';l\T;:= -{i\.ALL I'JC. .A.:.JD Tlit;: CITY OI<~ CL~l'.-{\vi\T:<:-{
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E' r 0 11'1 ti" S, vV .r: <}l" :1 e r 0 f See t ion 17, To vv [1 s) i P ~ ') S , ~;1, n :,r,~
1 T~: I' U ! 1 :::, ;: S u 5 7 I 0 ~ l' 'r;-:. a1 0 11. g the S 0 \1 t : : c rl" l i; 1(' Cl f S ,1 i cI
S'.!ction 17, 100CJO fe-pt; Thence run NOlo UY OJ' :< alolH;
t',I,> cZlsterly right of v"vay Lne of ~)taL: {cad 5~, (L ,"', Ili:,~hway
I)) ilnd parallO'l to the \~':'stcrl\'li:1C or said S,~cti,.)tl 17 06U,OO kct
for a POlllt of L\cslilning; ,{un thet1CC S BoO 57' 02.' t':, 500 f.-d,
hlll tLcncc."), 1003' 04' W 100 kd; {un theilce N 0(;0 57' UG' '1'\
500 feet; i{ \111 thenc' N 10 0 3' O~11 f<:. 100 fect to the p, C, B ,
{oad usca?c s11al1 be 1inllted to those an~as presentlv pav'.~d
as of June 1. 1')73
ATTACHMENT "A'
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THIS L\!DF::\'TU;~E: made and <:'ntercd intu this 1 st day of lV~ay.
1973. A,D., by and between CLEA3.\vl,TS\ 1\d\ Ll. , I>-IC., a corpura,tion
under t:,e laVvs of the State of Florida, Vv it]; its officl~ dnd pri.lcipal pLtc.'
of !-,usiness ~n the City of Cl:'arvvdter. lll'rc.-i:lafter callt.d the Grantor ane.!
CLSA c.{,VATE>.{ SEVILLE, LTD.. a LLrnited partnership under t:1(, laVvs of
the StaL~ of Florida, with its officcs anu principal pLlce of husincst; Lll 2.( lO
Scvillt~ Boulevard, Clearwater, Florida, hcr,:i:ldftcr called the Gr<1nti,,':'
'vI, 1 l' )J S SSE T H .
T;lat the Gra:ltor, for and in considcrat iOil of the sun1. of Ten
Dollars (:;lO.OC) b\\ful mone> ufthc L:1Ltl:d SLlt.s ofAnl;l'iCd" to It li1
hand paid, tbe rccl,ipt of Vvlich is hereby ack:lOVvlcdf.'cd as ,y("ll as oth~r good
and valuable considerations. does here~)y ,c.rant U:1U the Grante;" its
successors and assigns, an easerncnt for the purpose of construction& nla~lt-
taiL1lt1} eXLsting Security \\lad. landscapint;. :l'r~gati<)n iitl('s electrlccd fixtures
and wiri:1! and ot'ler iIllprovenlents, plantinO,:s of trees Lind shrubs so pldu:d
as to b,cautif>' t'ldt c,-."rLli:l prcj,-,ct 1::10,\1:1 as Seville' Tlis eaSf>n1.:,nt lS :.ranted
over, upcn. ac:'oss a:ld und,r the follo,\ i:1.' eJr.scri:)cd ri,al ,,:stat, situatc~d ltl
tie Cit, of CleanvaLr, tLe COll:lt; of Pi.l..lLis. and t:e ::;Llt, of Florida'
T\-,e northerly 15 Let of ti--.e
casted,' 7;!.-, 50 fe-?t of the
Section 17, Townsf:ip 2.9S,
the E='ly CUO feet thereof.
I0J \\ITNESS \,vl-IE:\r:::OF, the Grantor has caus.;d hesc pN'sellts to
bl? executed on the day and the year first above v\lritt'_~n,
sou t " e rl,' (" 7 ') L' I' t l) f t \1 e
,vested. 'f"L:: c)(, ft l't of
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Signed. scaled and delivered in
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CLEA,r~Ni\TE\ 1\:ALL, I\JC.
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P, 1 a c k!) urn , Pre s i cl e n t
STATE OF FLCnlDA
COUNTY OF PIXSLLAS
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1 H;:::~EBY C,,-::;.{TlFY that 0,1 t::ib da)' before 11.11', an office!' dul\' .c ~r:-.
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qualified to take ackno'Nledgem':lts, personally appear(,d \"illian1 G, ,~~ ><~
Blackburn, President, CL~:::A:.{\Y.';Th=~ ).L~\LL I:'\C.. a corporcltion und,'r Zb~~
the la\v s of the State of Florida t.. m...' kilO\\:l to be tlJ' jK' r'SO,l di~'~c ri:)..'d i:1 al1u ~ G c5:
W:10 executed the fore;~oitl,: l,lst!'Ullwnt and :,ckt10\\kd,>_,d Lvfurc H1" tl-:at the:, ;qg;:'o.;'E
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WITNESS nlV hand and official seal in the COllnt,' and State last
aforesaid tLis )4~ da\' of -k~ In.J
RETURN TO:
CITY CLERK
P. O. BOX 4748
'CLEAR WATER, FLA. 33518
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NOT~.'!~..u8l1C STATE OF FLQRlDA AT l..AIWa
MY CUMMISStON F.XPlRES JULY 26, 1975
GENERAL INSURANCE UNDERWRITERS, INC.
AT1 ACH1\Ii.S>n
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MEN T
THIS INDENTURE made and entered into this 1 st day of May,
1973, A.D., by and between CLEAl~WATER MALL, INC" a corporation
under the laws of the State of Florida, with its office and principal place
of business in the City of Clearwater, hereinafter called the Grantor, and
CLEARWATER SEVILLE, LTD., a limi,ted partnership under the laws of
the State of Florida, with its offices and principal place of business in 2640
Seville Boulevard, Clearwater, Florida, hereinafter called the Grantee.
WITNESSETH:
That the Grantor, for and in consideration of the sum of Ten
Dollars ($10,00), lawful money of the United States of Am.Brica, to it in
hand paid, the receipt of which is hereby acknowledged as well as other good
and valuable considerations, does hereby grant unto the Grantee, its
successors and assigns, an easement for the purpose of construction& maint-
taining existing Security Wall, landscaping, irrigation lines ele'ctrical fixtures
and wiring and other improvements, plantings of trees and shrubs so placed
as to beautify that certain project known as Seville. This easemt~nt is granted
over, upon, across and under the following described real estate situated in
the City of Clearwater, the County of Pinellas, and the State of Florida:
The northerly 15 feet of the southerly 875 feet of the
easterly 742.58 feet of the westerly 942.58 feet of
Section 17, Township 29S, Range l6E, less the Wily 80ft, of
the E'ly 402,58 ft. therEiof.
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed on the day and the year first above written.
Signed, sealed and delive red in
the presence oJ;
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CLEARWA TER :NiALL, INC.
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William G, Blackburn, President
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared William G.
Blackburn, President, CLEARWATER MALL, INC., a corporation under
the law s of the State of Florida to me known to be the pe rson desc ribed in and
who executed the foregoing instrument and acknowledged before me that they
executed the same,
WITNESS my hand and official seal in the County and State last
aforesaid this ! "lif", day of -/ ?' JL'__ 1973,
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Nota'fy Public/
My Commi,ssion Expires:
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ATTACHMENT "B"
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