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AGREEMENT
THIS AGREEMENT made this 16th day of May, 1973 by and
between KIDiCO FT. PIERCE, INC., a Florida Corporation, hereinafter
called "KIMCO", and WILI.IAM D. CARLTON, hereinafter referred to
as "CARLTON":
WHEREAS, on October 4, 1972 KIMCO sold certain property
to CARLTON as set forth in that certain Warranty Deed recorded in
0. R. Book 207, Page 592 of the Public Records of St. Lucie County,
Florida, and
{VHEREAS, KIMCO is the owner of a shopping center known
as GRANTS PLAZA which is contiguous on three sides to CARLTON'S
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property, and
WHEREAS, CARLTOiv desires that KIh1C0 allow him to construct
and maintain a sewer line over its property to tie in from CARLTON'S
property to the closest existing sewer line s,tub-out on KI1~iC0'S prop-
erty and to the south of CARLTON'S property, and
WHEREAS, KINiCO is willing to abide by CARLTOh'S desires
subject to the agreements of CARLTON set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants
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hereinafter contained, the parties hereto agree as follows:
1. That KIMCO hereby grants an easement to CARI.TON to in-
stall and maintain an underground sewer line from CARLTON'S property
to tie in by the most direct route to the closest existing sewer
line stub-out on KIMCO'S progerty and to the south of CARLTON'S property.
; 2. CARLTON agrees to assume prorata on a lineal footage
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E basis, for the length of sewer line from his property to the closest
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~ existing sewer line stub-out as against the entire sewer line footage,
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~ the maintenance obligations of KIMCO under that certain Installation
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` and I~faintenance Agreement dated February 24, 1970 and recorded in
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5 ~ Official Records Book 184, Page 2415, of the Public Records of
° St. Lucie County, Florida; provided, however, that CARLTON c.ill not
; be responsible for any present or future assessment on the sewer
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' system unless the same is approved by the Florida Pablic Service
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Commission.
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~ Carl Schuster, Esq.
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of~~:. f.... _t ~ ~,_j ~
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_ RUOEN. BARNETT. McCLOSKY. SCH:JSTER a SCNMERER. ATTORNEYS AT LAW. 900 N.E. 26rM AVENUE. FORT UIUDEROALE. FLORtOA
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