CHI CHI RODRIGUEZ YOUTH FOUNDATION INCORPORATED
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A G R E E MEN T
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THIS AGREEMENT made and entered into on this )<( day Of~r
1987, by and between the City of Clearwater, Florida, a municipal corporation,
hereinafter referred to as "City," and the Chi Chi Rodriguez Youth Foundation,
Inc., a Florida non-profit corporation whose address is Post Office Box 1521,
Largo, Florida, hereinafter referred to as "Foundation."
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WIT N E SSE T H:
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WHEREAS, the City is a municipal corporation owning certain developed
land known as the Clearwater Northeast Pollution Control Facility which
includes an entry drive from State Road 580; and
WHEREAS, the City has previously entered int9 a lease agreement with
the Foundation dated November 12, 1985 whereby a PGA Tour Family Golf Driving
Range is to be constructed on the East side of McMullen~Booth Road, hereinafter
referred to as "Driving Range;" and
WHEREAS, the City desires to make access available to the Driving Range
from State Road 580 using the existing entry drive to the Clearwater Northeast
Pollution Control Facility;
NOW, THEREFORE, in consideration of the premises and of the faithful
performance by each of the parties of the covenants and agreements between each
other made, it is mutually agreed between the parties hereto as follows:
1. For and in consideration of the sum of One Dollar ($1.00) per year
and other good and valuable consideration to it in hand paid, the receipt
whereof is hereby acknowledged, the City does hereby grant a nonexclusive
ingress and egress easement to the Foundation and to its successors and assigns
over the existing entry drive into the Clearwater Northeast Pollution Control
Facility, as described in the attached property description (Exhibit "A") and
location drawing (Exhibit "B"), for the purpose of permitting access to and
from the Driving Range, as depicted in Exhibit "C", by the officers, employees,
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agents, invitees and licensees of the Foundation and its successors and
assigns, from and to State Road 580.
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2. This easement is granted for a term of years equal to the term of
the lease agreement between the parties dated November 12, 1985, as may be
extended or terminated as provided in the lease agreement.
3. The use of this easement shall be subject to all the terms and
conditions of the lease agreement between the parties dated November 12, 1985.
4. The Fbundation, on ~ehalf of itself, its successors and assigns,
agreees to appear, defend, hold harmless and indemnify the City and its
officers, employees and agents from any claim, demand or action of any nature
whatsoever arising from the use of the easement under this agreement, except
those arising from the negligence of the City or its officers, employees or
agents, and further agrees to include the easement;within the insurance
coverage provided as described in Paragraph 22 of the lease agreement between
the parties dated November 12, 1985.
IN HITNESS ,mEREOF, the undersigned parties have set their hands and
seals the day and year first-above written.
~c= CLEARWATER, FLORIDA
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() C~ il r Ci y Manager .
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Approved as to form and
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City Atto ey
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CHI CHI RODRIGUEZ YOUTH
FOUNDATION, INC.
Witnesses:
As to Ch Chi
Inc.
By I~~
!t:dent >
BY.~~
Vice-President --'
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Attest:
Secretary
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STATE.OF FLORIDA
- COUNTY OF PINELLAS
Before me the undersigned authority, personally appeared IAJ/~L/~~ e,~~~
as Ie [5 J 0 tfl.J J'
-V I V I AN !JI...Ou)N teL.
of Chi Chi Rodriguez Youth Foundation, Inc., and
, as Y:ce !R~S IJ){;NT of Chi Chi Rodriguez
Youth Foundation, Inc., a Florida non-profit corporation, who by me being duly
sworn, did acknowledge before me that he is l1(fStD6AJ r and she
is VI'U2- IRes,'denj-"
of said corporation and did acknowledge that they
executed this instrument as his free act and deed on behalf of said
corporation, this ;;8'.J1.,-day of JO Vl uu r'i
Florida.
, '1987, at (!/e.ar wq-/er
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NOTARY PUBLIC
My Commission Expires:
Notary Pub5c, State of Roricla .......
My Commission Expires May 28J989
~Q,dfld Thru IrQ" ~~:R L..."...,.:c.
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Commence nL L1IC SouLh 1/4 corner of Secljon 21, TOI-Inship 20 S, l1'lfHJC! 1(, E8stj
Thence rUIl North 09030' 24" Ylest, [dong Lhe South line of said SecLioll 21,
102.5 feeL, for 8 PoinL of Oeginningi Thence lenving snicJ SouLh Jifl(!, UorLh
000 12' Olj" l'lest, 1370.93 feetj Thence rtln North 090 41' 17" [8sl, 3:),f)D
feeti Thence run SouLh 00012' 04" E8st, llj12.31 feel, to a Point (HI llle
NorLherl}' l1iUhL-of-lvay line of StaLe Rond 500; Ih_ence run along s"jd
. Northerly (ligllt-of-Ivny line and the ^rc of a Curve Lo the left, radius
510.lj6 feel, chord bearing Soulh 570 05' 22" Hest, chord lj1.60 feel, AlC
length l,1'.61 feet; Thence leDvIng sDid Northerly Right-or-I'la}' line
North 00012' OI," Ivest, 63.79 feet lo the Point of Oeginning.
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EXHIBIT
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35,00'
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NOT E; Thi s is nol 0 survey!
CHI CHI RODRIGUEZ
YOUTH FOUNDATION INC,
AG R E E MENT DATED 11/12/85
5 1/4 Cor, See 21-28-16
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R=51046'
CB = 5 57005'22"W
C=41.60'
A = 41.61'
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Exhibit "e"
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City Property
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CHI CHI RODRIGUEZ
YOUTH FOUNDATION INC.
AGREEMENT DATED 11/12/85.
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Clear water
N, E. P. C. F.
Sub Lease
P.G,A. Tour
Golf Driving
Family
Range
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580
City Property
(Police Sub, 510, I
This is not a SURVEY
Drawn by I 0,0, M,
1/06/87