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05-13 RESOLUTION 05-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND K & P CLEARWATER ESTATE, LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with K & P Clearwater Estate, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A" is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17thdayof February ,2005. -t~~~ "-#'ank V. Hibbard Mayor Approved as to form: JW- Pamela K. Akin City Attorney Attest: Resolution 05-13 AGREEMENT FOR DEVELOPMENT OF PROPERTY between THE CITY OF CLEARWATER, FLORIDA and K & P CLEARWATER ESTATE, LLC Dated as of , 2005 EXHIBIT A EXHIBITS Legal Description of Developer's Property A First Street Dedication, And Relocated Coronado A-I Vacations of Rights of Way A-2 Project Description and Preliminary Project Plans B Revised Project Description B-1 Hotel Quality Standard B-2 Project Site C Coordinated Design of South Gulfview and Beach Walk Improvements D Declaration of Covenants and Restrictions E Covenant Regarding Hurricane Evacuation & Use and Occupancy of Resort Hotel F Required Permits and Approvals G Pedestrian Access Improvements H [Intentionally Omitted] I Covenant of Unified Use J License Agreement K Contract for Exchange of Real Property L South Gulfview and Beach Walk Improvements Schedule M Representative Cross Section of Relocated First Street N Parking Protocol o 2 THIS AGREEMENT for Development of Property (together with all exhibits, modifications and amendments, this "Agreement") is made as of this day of , 2005, by and between THE CITY OF CLEAR WATER, FLORIDA, a Florida municipal corporation (the "City"), and. K & P CLEAR WATER ESTATE, LLC, a Florida limited liability company (the "Developer"). WITNESSETH: WHEREAS, the City of Clearwater has embarked on a community revitalization effort for Clearwater Beach; WHEREAS, one of the major elements ofthe City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements along the east and west sides of South Gulfview Boulevard ("South Gulfview"), which proposed improvements are known as Beach Walk; WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules in support of the Comprehensive Plan adopted by the City; WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition and re-establish Clearwater Beach as a quality, family resort community and further provides for a limited pool of additional hotel units ("Hotel Unit Pool") to be made available for such projects; WHEREAS, because increased residential density on barrier islands is a critical concern under Florida law, Beach by Design limits the use of the Hotel Unit Pool to overnight accommodations and limits tenancies to 30 days or less; WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the operation of a proposed project as resort hotel operating under a national or international "flag" or other comparable marketing affiliation or program; WHEREAS, the Developer proposes to develop a resort hotel and mixed use project on certain property fronting on South Gulfview and, subject to the mutual promises set forth of this Agreement, has proposed to include in that project fifteen (15) parking spaces for use by the public as a replacement for the on-street parking spaces removed from South Gulfview in front of the project in connection with the relocation of South Gulfview as contemplated by this Agreement; WHEREAS, it is necessary that the City take certain actions in order to make it possible for Developer to develop the project contemplated by this Agreement in accordance with the goals and objectives of Beach by Design; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2003) and any other applicable law; 3 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has conducted public hearings as required by 9 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called public meeting on ,2005, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as herein otherwise expressly provided: . 1. "Additional Hotel Units" means the two hundred and fifty (250) hotel rooms from the Hotel Unit Pool established by the City pursuant to Beach by Design, which are allocated to Developer by this Agreement for use in the Project. 2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach dated 2001, as amended, which was adopted by the City Council pursuant to the provisions of the Pinellas County Planning Council's Rules for the designation of a Community Redevelopment District, as amended through the Effective Date. 3. "City" means the City of Clearwater, Florida, a Florida municipal corporation. 4. "City Council" means the governing body of the City. 5. "Commencement Date" means the date on which the Developer commences or causes a contractor to commence construction on the foundation or other structural element of the Project. 6. "Completion Date" means the date on which the final certificate of occupancy required for the Project is issued, which issuance shall not be unreasonably withheld or delayed. 4 7. "Residential Condominium" means that portion of the Project containing Residential Units, together with any common elements within the Project intended solely for the use of the residents of such Residential Units, their guests and invitees. 8. "Residential Units" means those individual residential condominium units and entitlements therefor which are part of the Residential Condominium but shall not include Hotel Units regardless of the form of ownership. 9. "Hotel Unit Pool" means that hotel unit density pool created by the City pursuant to Beach by Design. 10. "Developer" means, K & P Clearwater Estate, LLC, and its successors and assigns (see Article 18). 11. "Developer's Property" means those properties owned by Developer on the Effective Date of this Agreement, which properties are more particularly described in Exhibit A to this Agreement. 12. "Developer's Pro Rata Share" means Developer's pro rata share of the Net Cost of South Gulfview and Beach Walk Improvements, as calculated in Article 5. 13. "Effective Date" means the date this Agreement is signed by all parties. 14. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents attached and designated as exhibits to this Agreement, which are hereby incorporated herein and made a part hereof by reference. 15. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms currently existing on the Developer's Property. 16. "Expiration Date" means that date ten (10) years following the Effective Date on which this Agreement automatically expires. 17. "First Street Dedication" means that dedication by Developer to the City of a portion of the Developer's Property of approximately sixty (60) feet in width, as more fully described on Exhibit A-I hereto. 18. "Hotel" means that resort hotel, which is part of the Project, containing at least three hundred and fifty (350) hotel rooms and a maximum of four hundred and fifty (450) hotel rooms, together with amenities and common areas located on the Project Site, but excluding the portion of the Project which is the Residential Condominium. 19. "Hotel Units" means the Existing Hotel Units, plus the Additional Hotel Units. 5 20. "Land Exchange" means that property exchange to occur on the terms and conditions set forth in Exhibit L hereto. 21. "License" or "License Agreement" means that license granted to the Developer to allow the construction, operation, maintenance, repair, replacement and other matters concerning or affecting the Pedestrian Access Improvements substantially in the form of Exhibit K hereto. 22. "Meeting Space" means any building floor area within the Project which can be used for conference or meeting activities. 23. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost of the South Gulfview and Beach Walk Improvements, plus any debt service, and less nonreimbursable funds from sources other than the City (other than any fair share or pro rata payments made by the owners of other properties which front on South Gulfview). 24. "Pedestrian Access Improvements" means that proposed pedestrian bridge originating on the Project Site, passing over South Gulfview and landing on the beach west of South Gulfview, (the "Bridge"), as depicted in Exhibit H, which Bridge shall be dedicated to and owned by the City. The pedestrian Bridge shall have an elevator on both the east and west sides ofthe bridge. The elevators shall be accessible from public property. If this change in location of the Pedestrian Access Improvements from that approved by the Community Development Board ("CDB") on October_, 2004, is considered by the Community Development Coordinator as constituting other than a "minor .revision" as defined in Section 4-406.A. of the Community Development Code, then City Staff is directed to advise the CDB that the City Council (i) has determined the Bridge to be in the public interest, (ii) requests that the relocation of the Bridge be approved by the CDB but (iii) recognizes that it is in the discretion of the CDB whether to approve the change in location. 25. "Permits" means all land development approvals and consents required to be granted, awarded, issued, or given by any governmental authority in order for construction of the Project, or any part thereof, to commence, continue or be completed. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 26. "Plans and Specifications" means, as to each part of the Project to be developed, the site plan for that part of the Project to be developed, filed with the City as required by governing land development regulations ("Land Development Regulations") for the purpose of review and approval. 27. "Project" means, collectively, development of the Project Site as a Hotel together with accessory retail and restaurant uses and Residential Condominium which is proposed by the Developer as described in this Agreement and in the preliminary plans therefor which are attached hereto as Exhibit B and modified as shown on Exhibit B-1. 28. "Project Site" means the land area which includes the Developer's Property, as modified by the Vacations of Rights of Way, the Land Exchange, and the First Street Dedication, and which is generally bounded (a) on the east by the western edge of Relocated Coronado, (b) on the north by the southern boundary of Relocated South Gulfview, (c) on the south by the northern boundary of Relocated First Street, and (d) on the west by the centerline of existing South Gulfview, which site is more particularly described on Exhibit C. 29. "Public Parking Spaces" means fifteen (15) parking spaces to be provided by Developer in the Proj ect for use by the general public as described more fully in Paragraph 2.03(1) of this Agreement. 30. "Relocated Coronado" means that proposed five (5)-lane two-way public right of way approximately seventy-eight (78) feet in width to be contiguous to and running north to south along the east boundary of the Proj ect Site, as situated following the Land Exchange, as depicted in Exhibit A-I to this Agreement . 31. "Relocated First Street" means that proposed three (3)-lane, two-way public road approximately sixty (60) feet in width to be contiguous to and running east to west along the south boundary of the Project Site between .Coronado and South Gulfview, the location of which is depicted on Exhibit N hereto. 32. "Relocated South Gulfview" means that two (2)-lane, two-way public right of way approximately twenty-eight (28) feet in width and associated promenade or sidewalk, running north to south along the west boundary of the Project Site and running east to west along the north boundary of the Project Site, as situated following the realignment of South Gulfview as a result of the South Gulfview and Beach Walk Improvements. 33. "South Gulfview and Beach Walk Improvements" means (a) the proposed realignment and construction of South Gulfview as a two (2) lane, two-way road approximately twenty-eight (28) feet in width and associated improvements ("South Gulfview Improvements") and (b) the construction of a promenade, a bicycle/skating path, a beachfront pedestrian path ("Beach Walk Improvements") as shown on Exhibit D hereto. 34. "Vacations of Rights of Way" means the abandonment by the City in favor of the Developer in furtherance ofthe goals and objectives of the Comprehensive Plan, of (a) the existing right-of-way of First Street between the western boundary of the existing right of way of Coronado 7 and the centerline ofthe existing right of way of South Gulfview ("First Street Vacation") and (b) the eastern half of the existing right-of-way of South Gulfview contiguous to the Developer's Property, which abandonment is anticipated to result in the addition to the Developer's Property of a parcel thirty-five (35) feet wide running along and contiguous to the western boundary of the Developer's Property to facilitate development of the Project ("South Gulfview Vacation"). Such parcels to be abandoned are more particularly described on Exhibit A-2 hereto. 1.02. Use of Words and Phrases. Words ofthe masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability companies, partnerships, any other business entity of a type recognized by law, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement as a whole and not solely to the particular paragraph or section in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT. 2.01. Finding of Public Purpose and Benefit. The proposed Project, including the design, construction, completion and operation of the Project, and each part thereof, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, including without limitation, the addition of resort hotel rooms adj acent to the beach providing for transient occupancy pursuant to the standards established hereunder, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design for South Gulfview, including the implementation of the South Gulfview and Beach Walk Improvements and the Pedestrian Access Improvements to be constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose ofthis Agreement is to further the implementation of Beach by Design by providing for the development of the Project Site and to provide for the construction of certain public improvementS, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Project shall only include public parking, private parking, resort hotel, restaurant, retail uses and appropriate accessory uses, and Residential Condominium and shall be developed in substantial conformity with the preliminary plans of development which are attached as Exhibit B. as modified by Exhibit B-1. The Developer shall take all required steps to obtain the appropriate 8 approvals from the City to modify the preliminary plans shown on Exhibit B to effectuate the modified design shown on Exhibit B-1. The Project Site is within a "Community Redevelopment District," pursuant to the Pinellas County Planning Council's Rules, which authorizes an increase in hotel unit density pursuant to the provisions of Beach by Design. The intensity of pennitted use on the Project Site shall be: a. Public Parking - Developer shall provide the Public Parking Spaces as part of the Project. In addition, the Developer will make parking spaces within the Project available to the public on a space available basis. . b. Private Parking - The Developer shall provide at least that number of private parking spaces for use in connection with the Project as required by the City's Land Development Regulations. c. Hotel- The Hotel shall include at least three hundred and fifty (350) hotel units and no more than four hundred and fifty (450) hotel units, a minimum of twenty thousand (20,000) square feet of Meeting Space and other amenities accessory to the Hotel, including, but not limited to restaurants, bars, exercise and spa facilities, outdoor recreation space, storage, back office and administration areas and other functional elements related to the Hotel, including not more than thirty-seven thousand (37,000) square feet of retail/ restaurant floor area. Of the hotel units, 250 are Hotel Pool Units, which shall be required to be submitted to a rental program requiring that such units be available for overnight hotel guests on a transient basis for no fewer than 330 days in any calendar year, subject to force majeure events or renovation activities making such rooms unavailable for occupancy. In order to assure the high quality resort experience called for under this Agreement, all such units, as well as the units not representing Hotel Pool Units, shall be operated by a single hotel operator who shall meet the requirements as to operating standards set forth in Exhibit B-2 of this Agreement. d. Residential Condominium - Those Residential Units permitted pursuant to the formula for conversion of Existing Hotel Units to Residential Units set forth below, together with any common elements dedicated to the sole use of residents of the Residential Condominium. Existing Hotel Unit Conversion Formula: Developer shall be entitled to convert Existing Hotel Units to Residential Units in a ratio of four (4) Existing Hotel Units to three (3) Residential Units. Thus, for example, Developer may elect to buildthree hundred and fifty (350) Hotel Units and seventy five (75) Residential Units within the Project, instead offour hundred and fifty (450) Hotel Units. The Developer has received Flexible Development approval to build three hundred and fifty (350) Hotel Units and seventy five (75) Residential Units (the "HotellResidential Unit Composition") within the Project pursuant to a Flexible Development Application. Notwithstanding anything to the contrary in this Agreement, ifthe Developer wishes to include in the Project a hotel and Residential unit composition other than the Hotel/Residential Unit Composition, the Developer understands that it must submit a new Flexible Development Application to request approval of such other composition. 9 e. Pedestrian Access Improvements - Those Pedestrian Access Improvements as described in Exhibit H which is attached to this Agreement. 2. Nothing shall preclude the Developer from developing or operating all or portions of the Project using any ownership format in any combination, provided such format and combination are permi.tted under Florida Statutes, including, without limitation, individual ownership, provided that the requirements as to availability for transient occupancy and as to a single hotel operator set forth in 2.03 (1) (c) are satisfied. 3. Up to twenty-five percent (25%) ofthe Hotel Units, or such greater percentage, if any, which is permitted by the City's Land Development Regulations at the time of issuance of a building permit for the Hotel, may be suites with kitchens, including all typical kitchen equipment and amenities. In addition, partial kitchens or mini-kitchens may be permitted. 4. Notwithstanding any other provision of this Agreement, no occupancy in excess of thirty (30) days per stay shall be permitted in any Hotel Unit. In addition, no Hotel Unit shall be used as a primary or permanent residence and each Hotel Unit shall be required to be available to transient hotel guests and to be operated as described in Paragraph 2.03(1)(c). Prior to the issuance of a certificate of occupancy for the resort hotel, the Developer shall record a covenant and restriction which is enforceable by the City, substantially in accordance with Exhibit F, limiting the use and operation of the Hotel Units, implementing this paragraph. Further, Developer shall cause rentals of Residential Units to be restricted in documentation governing the Residential Condominium to comply with applicable City ordinances and other laws limiting short-term rentals in effect at the time the first building permit is issued for the Project, including, without limitation, Ordinance No. 71 05-03 5. As a condition ofthe allocation of Additional Hotel Units pursuant to the designation of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council's Rules, the Developer shall comply with each of the standards established in Beach by Design, including: a. The Hotel shall provide a full range of on and off site amenities for Hotel guests, including at least one full service restaurant, room service, valet parking, exercise facilities, pool, meeting areas and access to boating, fishing and golf off site or comparable amenities. Off site amenities may be provided through a concierge service. b. The Hotel shall be operated as a national or international "flag" or as part of another comparable marketing affiliation or program which will ensure support ofthe repositioning of Clearwater Beach as a resort destination. The parties agree that membership in the American Automobile Association ("AAA"), the Mobil Travel Guide ("MTG")~ or any other comparable organization approved by the City and maintaining the Hotel in a condition and quality level as more fully described in Exhibit B-2 (" Minimum Quality Standards"), shall constitute compliance with the resort quality standards of Beach by Design. 10 c. The Hotel shall be of exceptional architectural design and shall be fitted with high quality finishes and furnishings. The parties agree that the architectural design depicted on Exhibit B-1 meets this requirement. d. Prior to the issuance of a final certificate of occupancy for the Hotel, the Developer shall record a covenant and restriction which is enforceable by the City substantially in the form of Exhibit E, limiting the use and operation of the Hotel, obligating the Developer to develop, implement and operate, at all times when the Hotel is open, a trip generation management program which shall include the provision of non-private automobile access to and from the Hotel for Hotel guests which shall include, at least an airport shuttle and resort-provided transportation to off-site amenities and attractions. e. Prior to the issuance ofa building permit authorizing the construction of the Hotel Units, the Developer shall record a covenant and restriction which is enforceable by the City, substantially in the form of Exhibit F, addressing the use and operation of the Hotel, which is enforceable by the City, that obligates the Developer to close and vacate all persons (except for emergency personnel required to secure and protect the facilities) from all Hotel Units within the Project as soon as practicable after the issuance of a hurricane watch by the National Hurricane Center which includes Clearwater Beach. 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Project and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner. Each party agrees to provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make good faith efforts to ensure that such cooperation is continuous, the purposes ofthis Agreement are carried out to the full extent contemplated hereby and the Project is designed, constructed, completed and operated as provided herein. Further, the parties shall cooperate reasonably with one another to facilitate, obtain permits for and not interfere with the construction of the South Gulfview and Beach Walk Improvements, as well as construction of Relocated Coronado, Relocated First Street, Relocated South Gulfview and construction and operation of the Project. Provided that Developer timely complies with the terms of Exhibit L, the requirements for the First Street Dedication, and pays Developer's pro rata share ofthe South Gulfview and Beach Walk Improvements, as described in this Agreement, the City will use reasonable diligence to complete such improvements in front of the Project on or before the Completion Date. ARTICLE 3. REGULATORY PROCESS. 3.01. Land Development Regulations. 1. Land Use Desil!nation. The Project Site is designated Tourist District in the City's Land Development Regulations. 2. Amendments to Comprehensive Plan & Land Development Rel!ulations. The City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and 11 Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning Council Rules. 3. Grant of Additional Hotel Units. Subject to the terms and conditions of this Agreement and compliance with applicable law, the City hereby allocates and grants to Developer from the Hotel Unit Pool the right to build two hundred fifty (250) hotel rooms in addition to the Existing Hotel Units, making the Project Site eligible to contain a maximum of four hundred fifty (450) Hotel Units. The allocation of the Additional Hotel Units from the Hotel Unit Pool shall expire and be of no further force and effect unless Developer makes payment of Developer's Pro Rata Share as provided in Paragraph 5.05 on or before two (2) years after the Effective Date of this Agreement or the Commencement Date occurs on or before three (3) years after the Effective Date of this Agreement. 3.02. Development Approvals and Permits. 1. Applications for Development Approval. The Developer shall prepare and submit to the appropriate governmental authorities, including the City, applications for approval of all plans and specifications necessary for the Project, and, except as expressly provided otherwise in this Agreement, shall bear all costs of preparing such applications, applying for and obtaining such permits, including payment of any and all applicable application, inspection, regulatory and impact fees or charges. The City shall, to the extent possible, expedite review of all applications. A list of all permits and approvals required to implement the provisions of this Agreement is attached as Exhibit G. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion of the Project and its opening for business. If requested by the Developer and authorized by law, the City will join in any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit or Permits be issued or approved. 3. City Authority Preserved. The City's duties, obligations, or responsibilities under any paragraph of this Agreement, specifically including, but not limited to, this Paragraph 3.02, shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals except through its established procedures and in accordance with applicable provisions of law. 12 4. Transportation Impact Fee Credits. The City shall, to the extent authorized by applicable law, allow the Developer a credit against the Developer's Pro Rata Share in the amount of transportation impact fees paid by the Developer to the City which are intended for use by the City. The South Gulfview and Beach Walk Improvements are described on Exhibit D hereto. To the extent such credits are lawfully available, the City shall also use its best efforts to secure from Pinellas County, Florida (the "County") a credit toward Developer's Pro Rata Share, of transportation impact fees intended for use by and collected by the County in connection with the Project. 3.03. Concurrency. 1. Concurrency Required. The parties hereto recognize and acknowledge that Florida law (specifically, Part II, Chapter 163,'F. S., and Rule 91-5, Florida Administrative Code, collectively the "Growth Management Act") imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the concurrency requirements of Florida law and the City's regulations as applied to this Project. 2. Reservation of Capacity. The City hereby agrees and acknowledges that, as of the Effective Date ofthis Agreement, the Project satisfies the concurrency requirements of Florida law. The City agrees to reserve the required capacity to serve the Project for the Developer and to maintain such capacity until three (3) years following the Effective Date. The City recognizes and acknowledges that the Developer will rely upon such reservation in proceeding with the Project. 3. Required Public Facilities. In addition to the obligations of the City and the Developer set out in Article 5 of this Agreement, the Public Utilities Department of the City will provide potable water service and sanitary sewer service to the Proj ect. ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. 1. Responsibilitv for Preparation of Plans and Specifications. Except as otherwise expressly provided in this Agreement, the Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Project. 2. Use of Qualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall use reasonable efforts to cause such professionals to prepare the Plans and Specifications. ARTICLE 5. PROJECT DEVELOPMENT. 13 5.01. Ownership of Project Site. The Developer is the owner of the Developer's Property and after effectuation of the Land Swap and First Street Dedication, will be the owner of the Project Site. 5.02. Project Site. The Project Site consists ofthe property more particularly described in Exhibit C. 5.03. City's Obligations. 1. Vacations of Rie:hts-of-Wav. Developer shall apply for, and the City Council shall consider the adoption of an ordinance vacating (a) the First Street Vacation, and (b) the South Gulfview Vacation, both as described on Exhibit A-2. The First Street Vacation shall be effective upon the dedication ofthe Relocated First Street to the City. The South Gulfview Vacation shall be effective upon: 1) payment of the Developer's Pro Rata Share; 2) the Land Exchange; and 3) relocation of South Gulfview as provided herein. 2. Road Improvements. Vehicular traffic on Relocated South Gulfview shall be calmed to control speed on that portion of South Gulfview to the north and west ofthe Project to a design speed of 20 miles per hour. 3. Permits. The City will cooperate and coordinate with the Developer with regard to all permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process. 4. Cafe Seatine:. The City understands that the Developer intends to apply for all necessary permits and licenses for outdoor cafe seating in connection with the Project. In that connection, the City shall consider Developer's application pursuant to the provisions ofthe City's Land Development Regulations. 5. Pedestrian Access Improvements Approval. Upon request by Developer, the City shall grant the Developer the ability to construct the Pedestrian Access Improvements and, in that connection, no later than the Commencement Date, the City shall grant to the Developer a License Agreement as described in Exhibit K. 6. Land Exchane:e. The City is the owner ofthat portion of South Gulfview abutting the north boundary of the Developer's Property as more particularly described as "Parcell" in the Contract for Exchange of Real Property attached hereto as Exhibit L. The Developer is the owner of that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit L. The City and the Developer agree that said properties have a comparable appraised value for the purposes of 9 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said parcels as provided in Exhibit L and the Council hereby authorizes execution thereof. 8. Approval of Plans and Specifications for the South Gulfview and Beach Walk Improvements. The City shall prepare plans and specifications and budgets for the South Gulfview and Beach Walk Improvements. The City shall make available drafts of such plans, specifications 14 and budgets to the Developer for review and comment. The City shall consider the Developer's comments and recommended changes in the plans, specifications and budgets to the extent that the matter on which the Developer is commenting materially impacts the Developer or the Project. The City and the Developer agree that the design of those South Gulfview and Beach Walk Improvements adjacent to the Project Site shall be coordinated with the design of the Project as provided in this Agreement below, and, for that purpose, the City shall make available to the Developer copies of the, plans, specifications, and related construction and landscaping contracts, drawings and schedules finally approved by the City. 9. Timelv Completion. The City and the Developer recognize the importance of the timely completion of the proposed Project and of the completion of South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to obtain all required permits, and agrees to implement a fast-track review, permitting, and inspection program for the Project. The City agrees to use its best efforts to complete the required public improvements including the widening of Coronado, and the realignment of South Gulfview and the construction of Beach Walk Improvements along the boundaries of the Project Site, as provided in Exhibit M (the "South Gulfview and Beach Walk Improvements Schedule"). The City's utilization of the construction schedule described in Exhibit 1M is dependent upon payment by Developer of Developer' s Pro Rata Share (defIned herein) to the City prior to the City awarding the construction contract. 10. Desie:n Coordination. The City agrees to reasonably cooperate and coordinate the design of the South Gulfview and Beach Walk Improvements adjacent to the Project Site, such that the design of those improvements integrates in a reasonable manner with the Project design. In that connection, the design shall substantially conform to those concepts depicted on Exhibit D. WithOllt limiting the foregoing, it is agreed that the City will design the South Gulfview and Beach Walk Improvements such that pedestrian access from the Beach Walk is elevated in front of the Project to a level of ten (10) feet NA VD to allow reasonable access points onto the Beach Walk from the Project. 11. Construction SeQuencine:. To the extent possible, the City shall construct the South Gulfview and Beach Walk Improvements in a manner and fashion which will not unreasonably restrict access to the hotels currently existing on the Developer's Property or ~o the Project Site on ~r after the Commencement Date. 5.05. Obligations of the Developer. 1. Development and Operation of the Proiect. The Project shall be built and operated in accordance with the requirements set forth in this Agreement. The Hotel which is a component ()f the Project, shall contain no less than three hundred and fifty (350) and no more than four hundred and fifty (450) Hotel Units and shall conform to the Minimum Quality Standard as provided for in Exhibit B-2. 15 2. Responsibility for On-Site Costs. Except as expressly stated otherwise in this Agreement, the Developer shall be responsible for all on-site costs relative to the development of the Project, including, to the extent Developer is obligated to provide them, the cost of construction, operation, and maintenance of the Public Parking Spaces. 3. Relocated First Street. In conjunction with and conditioned upon the Vacation of First Street, the Developer shall construct, at Developer's cost, all the necessary improvements for the Relocated First Street, including pavement, sidewalks and streetscaping. Construction of Relocated First Street shall be completed on or before the later of (i) two (2) years after the Effective Date or (ii) the issuance of a final certificate of occupancy for the Project described in the Second Amended and Restated Development Agreement for Property in the City of Clearwater between the City and Beachwalk Resort, LLC. A representative cross section reflecting such improvements is attached hereto as Exhibit N. 4. Public Parkin2 Spaces; Parkin2 Protocol The Developer may charge fees to the public for use of the Public Parking Spaces, on terms and rates which are market- based and commensurate with terms and rates which are in effect for comparable beachfront, covered parking structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees, subject to taxes and similar impositions generally applicable to such income. Public Parking spaces within the Project shall be no narrower than nine (9) feet and no shorter than nineteen (19) feet, and no two-way aisle shall be less than twenty four (24) feet in width. The Developer shall provide (i) fifteen (15) self-park Public Parking Spaces on the parking level accessed via Relocated First Street The Developer shall implement the Parking Protocol described on Exhibit 0, which shall be applicable to all parking with in the Project 5 Pedestrian Access Improvements. The Developer shall have the right but shall not be obligated to construct .the Pedestrian Access Improvements. If Developer elects to construct such improvements, Developer shall be responsible for their design and construction subject to the review and approval of the design by the City. 6. Dedication of Pedestrian Access Improvements. In the event the Developer elects to build the Pedestrian Access Improvements, the Pedestrian Access Improvements shall be dedicated to and owned by the City and open to the public and operated in accordance with the terms of the License Agreement. The public shall have access to the Bridge at the street level on both the east and west sides of the Bridge. The Developer is not required to permit ingress by the public from the Bridge into the Hotel, the Residential Condominium or any other portion of the Project or related amenities on the Project Site. 7. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata Share, less only the transportation impact fee credits which may be credited against the Developer's Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows: a. In the event that the City is able to finance, and notifies the Developer that it intends to commence construction of all ofthe South Gulfview and Beach Walk Improvements as a 16 single project on or before the date of the Developer's application for the first building permit for the Project, then, prior to the issuance of the first building permit for the Project, upon Developer's request, the City shall provide the Developer with copies of the South Gulfview Beach Walk Improvements Plans and all related budgets and construction contracts finally approved by the City in connection therewith (the "Information Package"), and as a condition of issuance of the first building permit for the Project, the Developer shall establish a letter of credit, trust account or escrow facility for the payment of the Developer's Pro Rata Share (the "Share Payment Facility"), which shall be subject to the approval and acceptance ofthe City. The Share Payment Facility shall make provision for the City to be able draw down the Developer's Pro Rata Share in amounts equal to the percentage completion certified by the City Manager of the City multiplied times the Developer's Pro Rata Share. The Developer's Pro Rata Share shall be the Net Cost of the South Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the Project Site along the South Gulfview and Beach Walk Improvements is the numerator and the total frontage along South Gulfview and Beach Walk Improvements is the denominator (the "Share Formula"). b. In the event that the Developer determines to commence development of the Project and the City has not arranged financing for the construction of the South Gulfview and Beach Walk Improvements intheir entirety and has not notified the Developer as indicated in subparagraph (a) above, the Developer shall, prior to application for the first building permit, notify the City of its intent to commence development of the Project ("Developer's Commencement Notice"). Within forty-five (45) days of Developer's Commencement Notice, the City shall solicit bids for the construction. The Developer shall pay to the City the actual bid price for the portion of the South Gulfview and Beach Walk Improvements which are contiguous to the Developer's Project Site which shall be considered the Developer's Pro Rata Share. Said payment shall be made immediately upon award of the construction contract for the South Gulfview and Beach Walk Improvements by the City Council. To meet its payment obligation, the Developer may provide a Share Payment Facility to be drawn upon over time, all as described in subparagraph (a) above. The Developer's Commencement Notice shall provide Developer's best estimate of the date on which the Hotel would be eligible for a final Certificate of Occupancy, and the City and Developer shall act and coordinate reasonably to cause the South Gulfview and Beach Walk Improvements Schedule and any contracts related to those improvements to reflect an anticipated completion date on or prior to the anticipated date of the final Certificate of Occupancy for the Hotel. In the event that the Developer's Pro Rata Share is less than anticipated in (a) or (b) above, to the extent the City has received any payment in excess thereof, the City shall return to the Developer any such excess payment within thirty (30) days of such determination. In the event the Developer's Pro Rata Share exceeds the amounts received in payment thereof as of completion of the South Gulfview and Beach Walk Improvements, the Developer shall pay the City the difference within thirty (30) days of written request from the City. c. In the event that any property other than the Project Site which fronts on the South Gulfview and Beach Walk Improvements is proposed for redevelopment using units from the Hotel Unit Pool, the developer of such property shall be required to pay a pro rata share of the cost of both the South Gulfview Improvements and Beach Walk Improvements as a condition of 17 development approval. Such developer's pro rata share shall be calculated based upon the same Share Formula set out above but applied to the proposed project. .-'.-, 9. Covenant of Unified Use. Prior to the issuance ofthe first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed as a single project and operated and used as a unified mixed use project, the form of which covenant is attached as Exhibit J; provided however, that nothing shall preclude the Developer from operating the existing improvements on the Developer's Property other than as a unified use prior to the demolition ofthose structures existing thereon as ofthe Effective Date or from selling all or a portion of the Project Site in a condominium form of ownership in connection with the Project or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Proj ect. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration or revocation any rights of Developer to incorporate the Additional Hotel Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public RecOFds of Pin ell as County, Florida. 10. Project Oblieations. Developer intends to diligently pursue the redevelopment of the Project Site by pursuing (a) the preparation of Project Plans and Specifications, (b) approvals by governmental authorities necessary for development of the Project, (c) construction of various private improvements on the Project Site and (d) to the extent that a final certificate of occupancy is issued for the Project, the operation of the Project as a unified and integrated project.:,; The Developer shall take all actions necessary to maintain control of the Project Site from the Commencement Date until the Completion Date. 11. Dedications. As a condition ofthe issuance of a building permit for the Project, but contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the Developer shall make the First Street Dedication and effect the Land Exchange. ARTICLE 6. Intentionally Omitted. ARTICLE 7. CONSTRUCTION OF THE PROJECT. 7.01 City Not in Privity. The City shall not be deemed to be in privity of contract with any contractor or provider of services with respect to the construction of any part of the Project not constituting all or any part of public improvements. 7.02 Construction Sequencing. The Developer shall construct the Project in a manner and fashion which will reasonably minimize the inconvenience experienced by property owners of Clearwater Beach and the residents of the City directly resulting from the construction ofthe Project. ARTICLE 8. [INTENTIONALLY OMITTED] 18 ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER. 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: 1. To the extent that the Developer is an entity, as opposed to a natural person, the Developer is duly organized and validly existing under the laws of the State of Florida, has all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the approval and consent of any other person, except such as have been duly obtained. or as are specifically noted herein, (ii) contravenes any existing law,judgment, governmental rule, regulation or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the . Developer's Articles of Incorporation, Articles of Organization, or any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, 'each document contemplated or required by this Agreement to which the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling unit holder, shareholder, officer or employee of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 19 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to b~ due and payable on such returns or on any assessments levied against the Developer. 6. All information and other documentation, including that pertaining to the Project or the Developer, delivered by the Developer to the City was, to the best of the Developer's knowledge, on the date of delivery thereof, true and correct. 7. The principal place of business and principal executive offices of the Developer is in Tampa, Florida. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Project as contemplated by this Agreement, meaning that, as of that date, Developer has the financial ability to retain professional services required to obtain the required approvals for and produce documentation required in connection with the-Project and has the ability to seek financing for the construction of the Project. 9. The Developer has the experience, expertise, and capability to develop, cause the construction, and complete the project and, oversee and manage the design, planning, construction, completion and opening for business of the Project, meaning that, to the extent that the Developer does not hold the professional licenses or possess the expertise required to execute any single aspect of the Project, such as, without limitation, a general contractor's license, the Developer has the expertise to retain and supervise such persons.as are required to develop the Project. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date (hereinafter defined) or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. , 2. During each year that this Agreement and the obligations ofthe Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development ofthe Project by the Developer in accordance with the Plans and Specifications and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Project and shall promptly notify the City of any event, 20 condition, occurrence, or change in its financial condition which adversely affects, or with the passage oftime is likely to adversely affect, the Developer's financial capability to successfully and completely develop, construct and complete the Project as contemplated hereby. ARTICLE 10. CITY REPRESENTATIONS, WARRANTIES AND COVENANTS. 10.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: 1. The City is a validly existing body corporate and politic ofthe State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and. provisions thereof or hereof (i) requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as contemplated by this Agreement, results. in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Date. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02.Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: 1. The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those 21 instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the development ofthe Project in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms ofindebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. Except for the demolition of existing structures on the Project Site and the removal of objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit, or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Project. ARTICLE 11. DEFAULT; TERMINATION. 11.01.Project Default by the Developer. 1. There shall be an "event of default" by the Developer pertaining to the entire Project if the Developer shall fail to substantially perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor. 2. a. If an event of default by the Developer described in subparagraph (1) above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not have diligently prosecuted such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period of not exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the City to the Developer, and such extended curative period may be ended by the City electing to do so upon any Project lender finding the Developer to be in default of any Project financing and the curative period therefor has expired without such event of default being cured) then, in addition to any remedy available under Paragraph 12.05, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. 22 b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. c. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Notwithstanding any provision of this paragraph, a default by the Developer shall not affect the title of any Residential unit or common area conveyed by the Developer to an unrelated third party or to a Residential Condominium association which is not controlled by the Developer. 11.02. Default by the City. 1. There shall be an "event of d~fault" by the City under this Agreement in the event the City shall fail to substantially perform or comply with any material provision of this Agreement applicable to it. 2. a. If an event of default by the City described in 11.02(1) shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of any applicable curative period equivalent to that described in Paragraph 11.01 (2)(a)above, Developer may terminate this Agreement, institute an action to compel specific performance of the terms hereofby the City or pursue any and all legal or equitable remedies to which the Developer is entitled. b. Any attempt by the Developer to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver ofthe Developer's right to pursue any other remedy to which it might be entitled.. c. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 11.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by thi~ Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 11.04. Non-Action on Failure to Observe Provisions ofthis Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, 23 condition or provision of this Agreement, or any exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 11.05.Termination Certificate. 1. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, benefits, duties and obligations of the parties hereto have been terminated and released (subjecttothose surviving provisions hereof) and that the Project Site is no longer entitled to the benefits and rights granted in this Agreement and is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. Such certificate shall also state the date as of which such termination is effective (the "Termination Date"). Notwithstanding anything to the contrary in this Agreement, neither party shall have the right to require the other party to agree to a termination of this Agreement. . 2. The certificate described in subparagraph (1) shall be prepared in a form suitable for recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pin ell as County, Florida. ARTICLE 12. RIGHT TO CONTEST. 12.01. Right to Contest. The Developer may, at its sole discretion and expense, after prior written notice to the City, contest by appropriate action or proceeding, conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the Developer, the Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other personal property thereon, and the revenues generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. Notwithstanding the foregoing, the Developer may not contest impact fees or other public charges of a similar nature levied by the City after such fees have been paid by the Developer and received by the City. ARTICLE 13. ARBITRATION. 13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such 24 disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for suchperformance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 13.02. Appointment of Arbitrators. 1. a. Unless accelerated arbitration as provided in Paragraph 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon the expiration of the time period for such arbitration to be invoked, give written notice to that effect to the other party, and shall in such notice appoint a disinterested person who is on the list of arbitrators having at least ten (10) years of experience in litigating complex civil disputes maintained by the American Arbitration Association ("qualified arbitrator") or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days afterreceipt ofthe notice described in subparagraph (1), the other party shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized competence in such field as an arbitrator. 2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a) and (b) above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (3) arbitrators shall as promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subparagraphs (a) and (b), the first arbitrator shall, after ten (10) daysnotice to the parties, proceed to determine such matter. c. Ifthe two (2) arbitrators appointed by the parties pursuant to subparagraphs (a) and (b) shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal,. failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, F. S., known and referred to as the Florida Arbitration Act, as amended. 25 13.03. General Procedures. In any arbitration proceeding under this part, the parties shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall follow the Commercial Arbitration Rules and procedures of the American Arbitration Association (or any successor organization thereto), unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 13.04. Majority Rule. In any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination and specific findings which form the basis therefor within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 13.05. Replacement of Arbitrator. In the event ofthe failure, refusal or inability of any arbitrator to serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner as provided for in the original appointment of the affected arbitrator in Paragraph 14.02 hereof. 13.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision ofthearbitrator(s) promptly after the date of receipt by the Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein 13.07. Expense of Ar~itration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Paragraph 13 .07, "expenses" shall include the fees and expenses ofthe arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent)s 26 agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 13.08. Accelerated Arbitration. 1. a. If either of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Paragraph 13.02 hereof has been made, eith~r party to such proceeding may invoke accelerated arbitration by giving notice thereofto the other party no later than three (3) days after arbitration has been initially invoked and the other party does not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Paragraph 13.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to have a single qualified arbitrator be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. c. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in subparagraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall terminate and the procedures otherwise set forth in this Article 13 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 13.09. Applicable Law. To the extent hot inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, F. S., and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sale arbitrator or a panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, F. S. ARTICLE 14. UNAVOIDABLE DELAY. 14.01. Unavoidable Delay. 27 1.. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in subparagraph (1) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Paragraph 14.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction of the obligations of this Agreement, acts of a public enemy, riot, insurrection, war, pestilence, archaeological excavations required by lay, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five-year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, F. S., restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this subparagraph (3) and in subparagraph (4) as the" Applicant") for an extension of time pursuant to this subparagraph must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension oftime for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 15. RESTRICTIONS ON USE. 15.01. Restrictions on Use of Project Site. Prior to the earlier of the Termination Date or the Expiration Date, no use of the Project, other than as described in Paragraph 2.03, shall be permitted, other than the operation or modification of improvements existing on the Effective Date until those improvements are demolished, unless and until the Developer or the person, if other than the Developer, intending to souse the Projector Project Site, shall file with the City a request for a release from the restriction imposed by this paragraph. The City Council shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the City may reasonably require in connection with the pursuit of the development described in this Development Agreement. Unless specifically requested and approved, a release of the restriction imposed by this paragraph shall not release the Developer from any obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. 28 ARTICLE 16. . MISCELLANEOUS. 16.01. Assignments. 1. By the Developer. a. ' The Developer may sell, convey, assign, transfer or otherwise dispose of any part or all of its right, title, interest and obligations in and to the Developer's Property, the Project, and this Agreement at any time. However, any sale, conveyance, assignment, transfer or other disposition of the Developer's interest in this Agreement (" Assignment") that takes place prior to the date on which Developer pays Developer's Pro Rata Share, whether in cash or by making available the Share Payment Facility as provided in Paragraph 5.05(7), shall not be effective except upon receipt by Developer of the City's written consent to such Assignment, which shall not be unreasonably withheld or delayed. The City shall grant its written consent to such Assignment upon receipt of (a) reasonable evidence that the purchaser, assignee or transferee ("Assignee") has the financial ability to or the ability to obtain financing to pursue development of the Project; (b) reasonable evidence of Assignee's expertise to pursue or ability to retain persons with the appropriate expertise to pursue development of the Project, (c) ability to operate or to retain persons with the appropriate expertise to operate the Hotel and (d) a written agreement by Assignee to assume and to be bound by the terms of this Agreement. Notwithstanding the foregoing, an Assignment to an Assignee that is a financial institution or a partner of or investor in the Developer, shall not require the City's consent to be effective. b. In the context of an effective Assignment, if the Assignee assumes all of the Developer's obligations under this Agreement for the Project, or for that portion of the Project that is subject to such Assignment, then the Developer shall be released from all such obligations hereunder which have been so assumed by the Assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. c. An Assignment by the Developer to any person or entity or trust for estate planning purposes or to any entity in which the Developer or any ofthe persons comprising the Developer is a general partner or has a controlling interest or, where the Developer, through ajoint venture or other arrangement, shares equal management rights with a financial institution and maintains such controlling interest or equal management rights shall not be subject to any restriction on or approvals of Assignments imposed by this Paragraph 16.01, provided? however, that notice of such Assignment shall be given by the Developer to the City not less than thirty (30) days prior to such Assignment being effective, and the Assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such Assignment. d. No purchaser, assignee or transferee of all or any part of the Developer's rights or obligations with respect to the Developer's Property, the Project, this Agreement shall in any way be obligated or responsible for any of the Developer's obligations with respect to the Project by virtue of this Agreement unless and until such purchaser, assignee or transferee has expressly assumed the Developer's obligations under this Agreement and written notice thereof is provided to the City. 29 e. . Notwithstanding any other provision of this paragraph, the sale of individual Residential Units or Hotel Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 2. City's Right to Assign Rights. The City shall have no right to assign its rights under this Agreement to any person except upon the prior written consent of the Developer. 16.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. 16.03. Notices. 1. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: K & P Clearwater Estate Attn: Dr. Kiran C. Patel 5600 Mariner, Suite 200 Tampa, Florida 33609 with copies to: Timothy A. Johnson, Esquire 911 Chestnut Street Clearwater, FL 33767 To the City: City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 Attn: City Manager with copies to: Pamela K. Akin, Esquire Clearwater City Attorney 112 S. Osceola Avenue, 3rd Floor Clearwater, FL 33756 2. Notices given by courier service or by hand delivery shall be deemed received upon delivery, and notices' given by mail shall be deemed received on the third (3rd) business day after mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Paragraph 16.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address gIven. 30 16.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the City or the Developer, but by both equally. 16.05. Venue; Submission to Jurisdiction. 1. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and any federal courts having jurisdiction, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts. 3. If at any time during the term of this Agreement the Developer (or any of its permitted successors and assigns) is not a resident of Florida and , to the extent required by law, does not register with the State of Florida the identity and location within the State ofits registered agent for purposes of service of process and, otherwise has no officer, employee or other agent available for service of process within the State of Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent for the service of process in any court action between it and the City arising out of or relating to this Agreement, and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in Paragraph 16.03. 16.06. Estoppel Certificates. The City shall at any time and from time to time, upon not less than ten (10) days prior notice by Developer, execute, acknowledge and deliver to the Developer and other persons reasonably designated by Developer a statement in recordable form certifying, to the extent true, that this Agreement has not been modified and is in full force and effect (or, if there have been modifications, that the said Agreement, as modified, is in full force and effect and setting forth a notation of such modifications), and that, to the knowledge of the City, neither it nor Developer is then in default hereof (or if either party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Paragraph 16.06 may be relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or assignee of the respective interest in the Developer or the Project, if any, of any party made in accordance with the provisions of this Agreement. 16.07. Complete Agreement; Amendments. 1. This Agreement, and all the terms and provisions contained herein, including, without limitation, the exhibits hereto, constitute the full and complete agreement between the parties hereto 31 .. 'to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. 2. Any provision of this Agreement shall be read and applied in pari materia with all other provisions hereof. 3. This Agreement cannot be changed or revised except by written amendment signed by . all parties hereto. :' "16.08. Captions. The article and paragraph headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, . limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this , Agreement or construe any article, paragraph, subparagraph, or provision hereof. ,"- .-~ :16.09. Holidays. It is hereby agreed and deClared that whenever a notice or performance under the :.. terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday 'bbserved in the City, it shall be postponed to the next following business day. 16.10. Exhibits. Each exhibit referred to and attached to this Agreement is an essential part of this :. Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. :16.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the exhibits. 16.12. Not Agents. During the term of this Agreement, neither party hereunder is an agent of the other party with respect to any and all services to be performed by such other party (and any of its agents, assigns, or successors) with respect to or in connection with the Project. 16.13. RecordingofDevelopment Agreement. Pursuant to ~ 163.3239, Florida Statutes (2004), the .' City shall record this Agreement in the public records of Pinellas County, Florida, within fourteen (14) days after City Council approval of this Agreement. The Developer shall pay the cost of such recording. A copy of the recorded development agreement shall be submitted to the state land planning agency within fourteen (14) days after the agreement is recorded. . , 16.14 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authority. 16.15. No General 0 bligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, or a pledge of the ad valorem taxing power of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the 32 Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. 16.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or under takings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention ofthe parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 16.17. Technical Amendments. In the event that due to minor inaccuracies contained herein or any exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any exhibit attached hereto or any other agreement contemplated hereby. 16.18. Term; Expiration; Certificate. 1. If not earlier terminated, this Agreement shall expire and no longer be of any force and effect on the 10th anniversary of the Effective Date (the "Expiration Date"). 2. Upon completion of the term of this Agreement, all parties hereto shall execute an Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. 3. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 13. 4. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pine lias County, Florida. Following execution by all ofthe parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pin ell as County, Florida and the Developer shall pay the cost of such recording. 16.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, 33 consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld or delayed, unless otherwise expressly authorized by the terms of this Agreement. 16.20. Effective Date. As provided by 9163.3239, Florida Statutes (2004), this agreement will become effective after being recorded in the public records in the county and 30 days after having been received by the state land planning agency. [Signature page follows] 34 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals below. The City of Clearwater, Florida Attest: By: By: City Clerk Mayor Approved as to form: Pamela K. Akin City Attorney State of Florida ) County of Pinellas ) The foregoing instrument was acknowledged before me this __ day of 2005, by and , Mayor and City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City. By Signature of Notary Public My Commission Expires: Printed, typed or stamp K & P Clearwater Estate, LLC Witness: BY: Dr. Kiran C. Patel as Managing Member ofK & P Holdings, L.C., General Partner of K & P PARTNERS LIMITED PARTNERSHIP, A FLORID A LIMITED PARTNERSHIP, Managing Member ofK & P Clearwater Estate, LLC. 35 State of Florida ) County of Pinellas ) The foregoing instrument was acknowledged before me this day of ,2005, by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company, general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf ofthe corporation, who is personally known to me or who produced as identification. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp 36 EXHIBIT A DEVELOPER'S PROPERTY Pan't'l I: .tat 1. Bl<x:k llA" ,C!OLU~.a:tA SUSOIVIBIOU, according to plat thtlr~o:f r.corded inpl.t aook 23, Ptl.9lit 60. Public Reec>1",os of p!nal1as CO\ln'ty,Fll)7'~dllJ 'tcil$thIllT1'fith th,=, Yf\(:aled southerly 1 Eootof GulfVleH "t't\l$vCl;t"Q ad:hlcen-t to:lc.id Lot 7 , and t:.h..vli;catod. Wf.Ult4iU'ly 1 foot of Corol'ladeJ Drive a.dj ~C:Qnt to =ddLtll 1, si'!,id \rl1oat.ea 1;'Cl1"Honu boing: ahowti, .by Resolution Ulad Nov~mb{,)r2'it 1959, ill a.n. Sook 75'1, Pag940, Public Records of Pinel1419 CO'4pty. I;'101"L!ill.. and Ahile Lot" 44. 45, 4&, 47.. 90, gl, 92,.93. 94 95, 95, And 97, orn.2 ;u.O'1D.,.Wal'rF.~SKINNE1t SUBDIVISION, llCCQTd:l.n<;l'to plat t.hureofrftl;:O;t.ti~.d inP).<\.t P'ook 13! Pa9#)~ 12 and 13. I?ubl::i.c Hecol'dsofPino')Ual:lCovrrr!;;y, Flo2 ida, tog-ether with tba vaoQtt<ld WElsterh' 1..86 {Qat of Co:o;:m.y.~o 1)::-i"9 ll.c!j:;.t.:ei)t to 5.\\;(1E.ot 93. Parcel II: Lote 48.1 49, SO, 51, 52 and 98, 1lhe Lloyd-White-skinner SUbdivision,. ac~ordin9tothe map or pla tthersQfas t.\X'ecoxoed in Plat Book 13, Page 12, PUbli..c Reeo:r:d$ of PinQllas County, Florida. P.an'el lII: LOt. 5S . North 10 .f:("!et of Lot: 56, South 20 f.eet of Lot lOL/eJ.U. of rJot 1021 tmd thi!'! North 30 feet of Lot 103, LLOYP"'I'IU!1E,. SlGN'NSK SUBIJlV.HHUN, accolxiing to t.he map or plat thereot as: rt::C'orded it: Plat: Bool~ 13 I pa~,es 12 and 13 I publ ic r.ecordli 0 f l'inel1ns County, Florida. ;"01:s53, S4, 99, 100 and the NOrl.:herJ.y .)() f:ect of Lot: 10l, t.1.O~W-NHI"J'E"SK!NNER SUBDIVISION, according l:othe tnup or plEtt. Lhl:!l'(;uf sa recorded i.n 1'1<:!.t Book J..), p~gew 1?- C1nd :l ,1, pnbjJ,,: t'c.C'C'.'t"ci:-- 61' Pjn~J.J<'l!:l C'rllJl'1ty, Plnrinh, 37 .-. r~ ~ ~ ti3 V.l>j ;:3/, ~J IAE. '" r-/l EDj ~ ~ ~ l2J n o >1 g );: o 'J o :0 .~.._...-. tkJ' II ~ .~fJ;1 ~ m x J: iii ~ ~ ..... 1STsr: PQ().(C( HAlJE 100 CORONADO ,."", "'-""0.,,,.1 . A ' ',,~* - -- ,"",,,oc'2'LEARWATER. fLORID ~ ~'" ...... N f'XHIBIT A I DEDICATIO .. EXHIBIT A Paqe 1 of 5 ?> g '" <: ffi '" ... ifl ~ ~ ~ , :;:; 1 i'i ~, ,J I MARKOPOULUS ANTONIOS DRIVE 100 CORON~~~mA J:]767 CLEAIHfATER, F' 1 . . CITY PARK SUBDf;'lSlOi'J P.B. 23 PC. ,37 CENTERUNE~BLID __ _ ty P~~ - , I CO:,U~l:1 SI/JJpr/1S70.1:' P.O" ti r.... ~t) I &0&<' A 1.0' R/W I , .- / . """'l . . T . . rVAt/lrfEO' -..-J I . '. O.~. 770 .. : PC .40' I 44 . Iff f f I I I LLLJ1'D~~[1i:;s;~i.~~O ~.;:v.:r.r: ~;"';Jg,3~ I P.B.'3 p,.'. t2~t3 . , " I.I;:'~ -Lil I 6O'RlWBYPLAT , , I I r.~' "--" ./' :,. ., . ! I f I I ,'8.0' ~ '.. (/ "', 50/ 51; Hi 95/,-: 97 I B I~ ~i_'-I-L I ! Ii L _" r:~~ib.~ ~, " LLO'tD-:;'HITE:-:SK1Nt~ suaDr.~o;;- ~ j:/~ 53 P.O. :3 e.. .:~t3 __. ~I ~ , ., .1~ J L ,. I~ - '":. , ;~ ~: ' - 5~ -- . L .. _ tot I~ 18.0' Cl. ~ ' :02 b S\-g j GRAPHIC SCALE h.~ (INPRr) I .....h - 100 It. i 56 - .. I , "~" 57 1. BEARINGS ARE BASED ON THE EASlERLY RIGHT-OF-WAY UNE OF GUl.f\IlEW BOUlEVARD BE:ARING: 505'32'30. W (ASSUMED). 2. lHERE MAY BE AOOlTlONAL EASEMENTS. RESTRICTIONS. AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBUC RECORDS Of THIS COUNlY. I 3. lHlS SKETCH AND LEGAL DESCRIPTION lSJlQI VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 4. lHlS IS NOT A BOUNDARY SURVEY. . SHEEr 7 OF 8 PARCELS '0' AND 'E' 100 CORONADO DRIVE CLEAAWA TEA BY SUNCOAST LAND SURVEYING, INC. I 111 fOREST l,A,KESBOULEVARD ~' . .... OLDSMAR. FLORIp'A ........34677. ......... , ,..'h5"A~~;".:;~:7.~.;~;sr~:. :....:Q;-""""".....j~.,~ hH...-(a.1 J)'.'aCT' rr:l~'.."~'"'' ..i';tt'Av, "M'rt'Ii~'<i('~llOif'" .... ;...~;:=':,~::_-r:J~;\;.',;~:.':, ~':;~:,:,,:[,;, :~, '_" ..~ :.;,,: /':.'_~~:!~'~ .:',').~~_' :';::'~/:l,?~::J, Q~/~P~~~~il.~':.~, . - -'. .. ,. .' ". - ,...... .--- "". SlIWEYOR'S CERllFICA TE I HEREBY CERTIFY lHA T lHE SKETCH AND LEGAL DESCRIPTION DEPlCTED HEREON WAS PREPARED UNDER MY RESPONSIBLE CHARGE ON THE DATE(S) SHOWN. AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE flORIDA BOARD OF PROfESSIONAL LAND SUft'/EYORS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, fLORIDA STAlUTES. "[;IVUTD Tm 7\ 1 _ n................. ., ......~ r:: LEGAL DESCRIPTION PARCEL '0' The easterly 18.0 feet of Lots 97, 98, 99, 100, and 101; TOGETHER WITH the easterly 18.0 feet of Lot 102 LESS the southerly 30.0 feet thereof, LLOYD~WHITE-SKINNER SUBDIVISION as recorded in Plat Book 13, page 12, public records of Pinellas County, Florida. CONTAINING 5,6701: SQUARE FEET, OR 0.1301: ACRES. LEGAL DESCRIPTION PARCEL 'E' The southerly 20.0 feet of Lot 55; TOGETHER WITH Lots 56 and 103 LESS The southerly 20.0 feet thereof; TOGETHER WITH the southerly 30.0 feet of Lot 102, LLOYD-WHITE -SKINNER SUBDIVISION as recorded in Plat Book 13, poge 12, public records of Pinellos County, Florida. . CONTAINING 12,6001: SQUARE FEET, OR 0.2891: ACRES. 1. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY UNE OF GULfVlEW BOULEVARD BEARING: 505'32'30" W (ASSUMED). 2. THERE MAY BE ADDITIONAL EASEMENTS. RESTRICTIONS. AND/OR MAnERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBUC RECORDS OF lHlS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS-tlQI VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A f1..ORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS lS NOT A BOUNDARY SURVEY. SlEET 8 OF 8 SKETCH AND LEGAL DESCRIPTION 4063 4063DWO r- 100' CBA 8~12~ CBA NA NA, ~.~t:".~\tfAP"":~~:" BY PARCELS '0' AND 'E' 100 CORONADO DRIVE CLEARWATER SlIWEYOO'S CERllFICATE I HEREBY CERTIFY THAT lHE SKETCH AND LEGAL DESCRIPTION DEPlCTED HEREON WAS PREPARED UNDER MY RESPONSIBLE CHARGE ON THE DA TE(S) SHOWN. AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. flORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. flORIO A STAlUTES. e (SCAL) 8-//-c)Y . ,- -'.." ::~,~4.t~~4~?~~4:~~_:~!~;'~)::l~~:'i';"_~,:~),',~>, ~ . <:::.~/. DATE - .." - '. ~-__.~ ,;., - '. ',' - '0:---,'- ,,,". '-, -. ',' - '.-, . . - .-" ~.' ..... ~..- -.--".". ~.:."" ,~- .~..-'. -. -._- , ' --.:!. ,- -,; ..~- .' .". RXHTRT'T' A-l - p",,..,,,, " nr r:; ClfY PARK S:JBD/~'1SI0fl P.8. 23 pC; 37 CENlERUNE rYPLA/- ---- ,/ "CLtJUlff7,' S~D1~t$'(Jf:' C-l P.8., tl . u. 6v h 8l:0!:K' A 1.0' R/W . . - I .! . T ' . r~~A'TE~' - I " . Op:c' .~~ So> 44..1 1 / f I l'If I I 45. 46. 47: 90. 9t . 92. of- tiOro-U'HlrE+SK/tJN~R $UeDl'.1SJO," ..!, l ' P.e. .r3 PI? :21-:3 r 1 C( I . , 9J /' . . -L-I. ./ -L .I . 3tTJ A LiE::a._ - l-l 60' ~ r~&J1\JC' BYR.ArpOlNT Of , BEGINNING I r..'" , -, 'I' ""T--- I ' ,. . I , / if': ,:'1 Q , ..... " 48 !: 4e,' 50/.' ~ 51: 94: 95: e6. 9; I I ~- . ; -, -J -'r L " . I i I! L_"__-- ..-'~ ~ g I I U,"~-07H1<__C,," =OM":;' j ./' _., p.a ~C":2-:~ - -1 ~,r;i ?J l_ .. _ 54 ,- .. -. - I ~ WI.7 I ; L 5.5 /1 . - ,~ ,H .' . _ . _ t02': 56 r ._.~ I t03' i r -!---I I~ GUJ=l.EW BLID. s ~ I~ I I , I , I , I I GRAPHIC SCALE .. . . too k.""~ ( IR rBJr\' ) l....b-lOOft. i LINE L-l L-2 L-3 L-4 L-5 BEARING N84'27'30"W N05'32'30"E SOS'32'30.W S05'32'30"W N84"27'30"W CURVE C - 1 C - 2 CURVE TABLE RADIUS ARC CHORD 40.00' 5.24' 5.23' 28.66' 35.53' 33.30' CHD. BEARING N01'47'2B"E S29'5B'20"E 1. BEARINGS ARE BASED ON -mE EASTERLY RIGHT-OF-WAY UNE OF GULFVlEW BOUlEVARD BEARING: SOS'J2'JO.W(ASSUMED). 2. -mERE MAY BE ADDITIONAl EASEMENTS. RESTRICTIONS. AND/OR MAlTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUNlY. J. -mIS SKETCH ANO LEGAl DESCRIPTION ISJIQI VAUD wlTHom THE SIGNATURE AND THE ORIGiNAl RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. -mIS IS NOT. A BOUNDARY SURVEY. SlEET 5 OF 8 SKETCH AND lEGAL DESCRIPTION BY PARCEL 'C' 100 CORONADO DRIVE CLEAAWAlEA SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT lHE SKETCH AND LEGAL DESCRIPTION DEPICTED HEREON WAS PREPARED UNDER MY RESPONSIBLE CHARGE ON THE DA TE(S) SHOWN, AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORlH BY THE FLORIDA BOARD Of' PROFESSIONAL LAND SURVEYORS IN CHAPlER 61G17-6, flORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STAlVlES. PROJECT NO. DRAWNGt SCALE SUNCOAST LAND SURVEYING. INC. DRAWN ,I 111 fOREST LAKES BOULEVARD. ~ ac ~....'. .. OL~SMAR. FLORIDA. 34677 .FlEt.OCFEW. B;45&3...~,7,~;:;,~$('~..:~, .;BQ~;,::;:J.. """.;;;:;,~ ....,.,,o)i\;Mi'PHO':(8Ij\:;1lS:(4M~,:;:\," ;"fAX::."(81.-n'lIS5f6890r:< -__\~.....",...",. ~';,;~',:~{,:-,::t:~....'.!-~~,',tt~:;:':'j- ,',:',";' 't.i.I.~"-;:.',_:-"" ,:.",...~::~;:;--.:.' ''"-:'::. ".,,_y'- ..-.~1:.._. _.t_, "."-'_"'~"Y'C='f"VI'I.(~I;~1'; ,. ~YoR';~~:;~Aft~~~.;~$~.~;i:.'::;ff~,t~B!B~~;.~.:\i~{~tW:'i'.~;~:; ;gt:..~. RXHTRT'f' ll-l _ n....rr_ A _+ c: . . LEGAL DESCRIPTION PARCEL 'c' The easterly lS feet of Lot 93; TOGETHER WITH the westerly l-foot of the right of way of Coronado Drive abutting Lot 93, LLOYD-WHITE-SKINNER SUBDIVISION as recorded in Plat Book 13, page 12, public records of Pinellas County, Florida; TOGETHER WITH the westerly 1 foot of the platted right of way of Gulfview Boulevard as shown on the plat of CITY PARK SUBDIVISION as recorded in Plat Book 23, page 37, public records of Pinellas County, Florida, ond being further described in in O.R. Book 770, page 40, public records of Pinellas County, Florida; TOGETHER WITH a portion of Lot 1, Block A, COLUMBIA SUBDIVISION 'as recorded in Plat Book 23, page 60, public records of Pinellos County, Florida, all of the obove being further described os follows: Beginning at the southeast corner of Lot 93, LLOYD-WHITE-SKINNER SUBDIVISION, thence NS4.27'30"W along the southe....ly boundary of Lot 93 a distance of 18.00 feet; thence NOS.32'30"E along a line 18 feet westerly from and parallel with the platted right of way line of Coronado Drive (a 60 foot right of way) as shown on the plat of LLOYD-WHITE-SKINNER SUBDIVISION a distance of 135.05 feet; thence 5.24 feet along the arc of a curve to the left having a radius of 40.00 feet, and a chord bearing N01"47'2S"E, 5.23 feet to a point of intersection with the southerly right of way line of Gulfview Boulevard as described in O.R. Book 770, page 40, public records of Pinellas County, Florida; thence easterly and southerly along said right of way line for the following four (4) courses: 1) 35.53 feet along the arc of a non-tangent curve to the right hoving a radius of 2S.66 feet, and a chord bearing S29'5S'20"E, 33.30 feet; 2) S05'32'30"W, 2.63 feet to the southerly boundary of CITY PARK SUBDIVISION; 3) S05'32'30"W, 110.54 feet; 4) NS4'27'30"W, 1.00 feet to the POINT OF BEGINNING. Containing 2,524:1: square feet, or 0.05S:I: ocres. 1. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY UNE OF GULFVlEW BOUlEVARD BEARING: 505'32'30. W (ASSUMED). 2. THERE MAY BE AOOlTlONAl EASEMEI'olfS. RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUNn'. 3. THIS SKETCH AND LEGAL DESCRIPTION 1S-tlQI' VAUD WITHOUT THE. SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. .... THIS IS NOT A BOUNDARY Sl)RVEY. SlEET 6 OF 8 PARCEL 'C' 100 CORONADO DRIVE CLEAAWA TEA ~ SURVEYOR'S CER1lFICAlE I HEREBY CERTIFY THAT lHE SKETCH AND LEGAL DESCRIPTION DEPlCTED HEREON WAS PREPARED UNDER L4Y RESPONSIBLE CHARGE ON THE DA TE(S) SHOWN, AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE flORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FlORIDA ADMINISTRAl1VE CODE PURSUANT TO SECTION 472.027. FLORIDA STATUTES. SUNCOAST LAND SURVEYl~ INC. I 111 rOREST LAKES BOULEVARD .~' .... .Ol;.DSMAR. FlORIDA .... 34677 . Wl~#:tlik1~~~~?j=86~~:: T'l...___ r: _.J:: C' 7 c!c 8 29 15 PINELlAS SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA LEGAL DESCAlPllON and SKETCH THIS IS NOT A SURVEY LEGAL DESCRIP110N A PARCEL OF LAND BEING A PART OF GUlF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOf, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS Of PINELLAS COUNTY, flORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD AND FIRST AVENUE, AS DEPICTED ON THE PLAT Of LLO'fD-WHllE-SKINNERSUBDIVlSlON, ACCORDING TO PlAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINELLAS COUNTY, flORIDA, ALL LYING IN THE EAST 1/2 OF SECllON 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST 1/2 OF SECllON 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINElLAS COUNTY, FLORIDA, BEING MORE PARllCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER (J' LOT 44, Of SAID LlO'fD-WHllE-SKINNER SUBDIVISION; THENCE S.05"32'30-W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE Of 90.06 FEET; THENCE S.84'27'3O-E. ALONG THE NORTH RIGHT-(J'-WAY Of FIRST AVENUE, A DISTANCE Of 192.00 FEET; THENCE S.05'32'3O-W., A DISTANCE Of 59.91 FEET; THENCE N.84'29'08-W. ALONG THE SOUTH RIGHT-Of-WAY OF SAID FIRST AVENUE,A DISTANCE OF 192.00 FEET; llDCE S.05"34'08-W. ALONG AFORESAID EAST RIGHT-Of-WAY OF GULF VIEW BOULEVARD, A DISTANCE Of 154.95 FEET: THENCE 5.05"31'21-W. ALONG SAID EAST RIGHT-Of-WAY Of GULF VIEW BOULEVARD, A DISTANCE OF 160.05 FEET; THENCE N.84'27'3O-W., A DISTANCE OF 34.98 FEET; THENCE N.05'32'3O-E. ALONG THE CENlERUNE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41'28'18-E., A DISTANCE Of 16.55 FEET; THENCE S.05'29'4O-W., A DISTANCE Of 0.58 FEET; THENCE S.84'3O'20-E., A DISTANCE Of 6.00 FEET; THENCE N.05'29'4O-E., A DISTANCE OF 18.97 FEET; THENCE CONllNUE N.05'29'4O-E., A DISTANCE Of 1.03 FEET; THENCE N.41'OO'13-W., A DISTANCE OF 17.95 FEET; THENCE N.48"31'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90'OO'OODE., A DISTANCE OF 34.32 FEET TO. A POINT OF NON- TANGENT CUR~ THENCE SOUTH\61ERl Y ALONG AFORESAID EAST RIGHT-Of-WAY OF GUlf VIEW BOULEVARD, BEING A CUR\{ TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28'11'29-'.; THENCE S.05'32'3O-W. ALONG SAID EAST RIGHT-Of-WAY OF GULF VIEW BOULEVARD, A DISTANCE Of 0.88 FEET; THENCE N.90'OO'OO-W. ALONG THE NORTH BOUNDARY Of AFORESAID LOT 44, A DISTANCE Of 3.82 FEET TO THE POINT OF BEGINNING. CONTAINING 28,19&76 SQUARE FEET OR 0.6474 ACRES, MORE OR LEss. PREPARED FOR K & P CLEARWATER ESTAlES, LLC SHEET 10F 3 GEORGE A. SHIMP II, FLORIDA REGISlERED LAND SURI4:YOR No. 2512 JOB NUMBER: 050088 DAlE SURVEYED: N/A DRAWING FILE: 050088A.DWG DAlE DRAWN: 1-28-2005 LAST REVISION: N/A X REFERENCE: 050079 - GEORGE A, SH/JIP II r 1_ '\ AND ASSOCIATES, INCORPORATED \.::.1 LAND SURVEYORS LAND PLANNERS .... 33tJl /J,SOI'O BOUYJ'JBJJ, SUITS /J PAllI HUUJOR, I'.tOI/lIM 3-1(/83 LB 1834 PHOHS (7,e?) 78-1-5-19(/ I'D (7,e7) 78(/-125(/ CERlIRCAlION: I HEREBY CERTIFY TO H BEST Of MY KNOtiDGE AND BELEF lHAT TI-lE lEGAL DESCRIPlION AND SKETCH SHOWN HEREON SUBSTAN1lItLY IIITS 1HE MINIMUM lECHNICAl STANDARDS Fm lAtI) SUR'fFtING DESCRIBED IN lHE STAlE <F flORIDA RULE 61G17. F AC. FUR1HERIIalE, lHS CERlIFICAlION SHALl. NOT EX1END TO ANY OlHER PERSONS OR PARlIES OlHER THAN TI-lOSE NAMED HEREON AND SHAlL NOT BE VAUO AND BINDING AGAINST lHE UNIlERSKHD SUR~ \AtOUT 1HE ORIGINAl. RAISED SEAL AND SIGNA lURE Of 1HE flORIDA UCENSED SURVEY<It AND MAPPER. Exhibit IA-2" Page 1 of 6 7 & 8 29 15 PINBlAS SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FlORIDA LEGAL DESCRIPTION and SKETCH THI~ IS NOT A SURVEY ~ ~_ OAf IE! 1lOlAEV"':' (7~ R/IIl_ __J /1---...." to' VACAlED R/W I I , .._.. I ( \ LOT 1, BLOC< . A', CQUMBIA I I SUBDIVISION P.B. 23. Pc. 60 \ ~ ~~ Rio _0'> ~~ ~=- ~jg 15~ s~ ..... ~ ~& Pt ~ 19 d ~ I ~~21 ~ .. ...; SlJBDlVI~~pv:m:-s/(INNER 99 ..~.\:. . 13, PGS. 12.~ 13) 98 I 100 I 54 ~ l~ J, J, N N ,.!. a!. 101 t51l!5 55 F IF L3 ..~.I.~ 102 I I I , I 56 I 103 CHORD BEARING S28'11'29.W DATE SURVEYED: N A DATE DRAWN: 1-28-2005 X REFERENCE: 050079 GEORGE A, SHlJ/P n AND ASSOCIATES, INCORPORATED LAND SURVEYORS LAND PLANNERS 33()f DeSOTO BOUUYDlIJ, SUITS D PAlJ( HJJl80H, 'lOBIIM 31883 PRONK (121) 181-5198'0 (7,11) 188-1258 JOB NUMBER: 050086 DRAWING FILE: 050086A,DWG LAST REVISION: N A CERllFlCA liON: I HEREBY CERlIFY TO lIiE BEST or MY KNO\\\fllGE AND BElJEF lIiA T lIiE LEGAL DESCRlPllON AND SKETCH SHOWN HEREON SUBSTANlIALl Y MEETS lIiE t.IINIMUt.llECHNICAL STANDARDS FOR LAND SURVE'IlNG DESCRIBED IN lIiE STAlE OF FLORIDA RULE 61G17, F.A.C. FURlIiERMORE, .1Ii1S CERlIFlCAlION SHALl NOT EXlEND TO ANY OlliER PERSONS OR PARlIES OTIlER TIlAN TIlOSE NAMED HEREON AND SHALL NOT BE VAUD AND BINDING AGAINST 1HE UNDERSIGNED SUR\f:YllR W1TI1OUT TIlE ORIGINAL RAISED SEAL AND SIGNA llJRE OF lHE FLORIDA UCENSED SURVEYOR AND MAPPER. GEORGE A. SHIMP II, FlORIDA REGISlERED LAND SURVEYOR No. 2512 LB 1834 Exhibit "A-2" Page 2 of 6 I UnnnnR LJLJLJLJ o 100 GRAPHIC SCALE 1 inch = 100 ft. UNE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 BEARING N90'OO'OO.W SOS'32'30.W N84'27'30.W S41'28'18.E SOS'29' 40.W S84'30'20.E NOS'29' 40.E NOS'29' 40.E N41'OO'13.W N48'31'3rE N90'OO'OO.E S05'32'30.W DISTANCE 3.82' 59.91' 34.98' 16.S5' 0.S8' 6.00' 18.97' 1.03' 17.9S' 14.1S' 34.32' 0.88' SHEET 2 OF 3 7 & 8 29 15 PINElLAS SECllON . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNlY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY ABBREVIATIONS A = ARC LENGTH AIC = AIR CONDlnONER Af =. AlUMINUM FENCE ALUM = AlUMINUM ASPH = ASPHALT BFE = BASE flOOD ElEVA nON BlDG = BUILDING BlJ( = BLOCK BM = BENCH MARK BNDY = BOUNDARY BRG = BEARING B\\f = BARBED \WRE FENCE C = CALCULATED CB = CHORD BEARING CBS = CONCRETE BLOC< STRUClURE CHD = CHORD Cl = CENTERUNE ClF = CHAIN UNK FENCE 0-05 = O-OSURE CO!. = COlUMN CONC = CONCRETE CR = COUNTY ROAD CIS = CONCRETE SLAB COR = CORNER COY = CO~ AREA o = DEED DOT = DEPARTMENT Of lRANSPORTAllON DRNG = DRAINAGE o /W = DRIVEWAY EL OR ElEV = ElEVAllON EOP = EDGE Of PAVEMENT EOW = EDGE Of WAlER ESt.f'T = EASEMENT FeM = FOUND CONCRETE MONUMENT FES = FlARED END SECllON AP = FOUND IRON ~PE AR = FOUND IRON ROO Fl = FlOW UNE FlD = AElD FND = FOUND FOP = FOUND OPEN PIPE FPC = FlORIDA PO\\ER CORP. FPP = FOUND PINCHED PIPE FRM = FRAME FZl = flOOD l(JlE UHE GAR = GARAGE G/E = GLASS ENO-OSlR H\\f = HOG \WRE FENCE HI\\.. = HIGH WA lER UNE INV = INVERT LB = LAND SURVE'tlNG BUSKSS lFE = LOET Fllm ElEV LHSM = LOET HORIZlIlTAL SU~1IlG MEMBER LS = LAND SlJRVEYCR M = MEASURED MAS = MASONRY MES = MITERED END SEClKIl MH = MANHOlE MH\\t = MEAN HIGH WA lER lINE MSL = MEAN SEA mn N&B = NAIL AND BOTllE CN' N&D = NAIL AND DISK NiT = NAIL AND TAB NGW = NA ll(JlAl GEOOEllC VERllCAL DA 1Ut.f NO = NUMBER OIA = OVERAlL OHW = OVERHEAD \WRE(S) OR = omCAL RECORDS 0/5 = OFFSET P = PLAT PB = PLAT BOOK PC = POINT OF CURVE PCC = POINT Of COMPOUND CURVE PCP = PERMANENT C(JlTR<l P<lNT PG = PAGE PK = PARKER KAl(Jl Pl = PROPERTY UNE POB = POINT OF BEGlNNNG POC = POINT OF COMIlENCDIEHT POI. = POINT ON UNE PP = POlO POlE PRC = POINT OF REVERSE QJRVAlURE PRM = PERMANENT REFERENCE IKNlIlENT PROP = PR<PERTY PSM = PROFE~AL SURVEY<R 6: MAPPER PT = POINT Of TANGENCY PW'T = PA't{IIENT RAD = RAWS R = RECORD REF = REFERENCE RES = RESIlENCE RL = RAIlIIL UNE RlS = IGSTERED LAND SlJRVEU RND = RW<<l RNG = RAta RRS = RAA. ROAD SPIKE R/W = RIGHT-Of-WAY SCII = SET CONCRETE MONUMENT s/E = SCREENED ENO-OSURE SEC = SECn(Jl SET N&D = SET NAR. AND DISK RlS, 2512 SIR = SET 1/2" IRON ROO RlSf 2512 so = SQUARE SRF = SPUT RAIl FENCE SR = STATE ROAD STY = ST<RY SUB = SUIlDl~SK14 s!W = SIDEWAlK 18=TBAR 1811 = TEIoIPORARY BENCH MARK TC = TOP Of CURB TOB = TOP Of.BANK T05 = TCl: OF SLOPE lRANS = TRANSF<RIlER T\W = TO~ T)'p = T'tPlCAL UG = UNDERGROOIIO UllL = UllUTY \\0 = WOOD \\f = WOOD FENCE \WF = Yl<<XJGiT IRa4 FDICE \WT = YtllNESS VtRF = _ FENCE 'IN = WAlER VALVE *** ABBREVlA TlONS MAY ALSO BE CONCA TEN A TED AS REQUIRED. *** OTHER COMMONLY RECOGNIZED AND/OR ACCEPTED ABBREVlAlIONS ARE ALSO UllUZED BUT NOT SPECIFIED HEREON. SHEET 3 OF 3 JOB NUMBER: 050088 DATE SURVEYED: N/A DRAWING FILE: 050088A.DWG DATE DRAWN: 1-28-2005 LAST REVISION: N/A X REFERENCE: 050079 - GEORGE A. SHJJIP n r . "AND ASSOCIATES, INCORPORATED \ ~ LAND SURVEYORS LAND PLANNERS - 3301 DeSOTO BOU.lKYARIJ, SUI1'E D P.aJf HUUJOR. ,.lO.RIlJA 34G83 LB 1834 PHONE (7.17) 784-5498'0 (7.t?)78G-I.t5G CERTIACAllON: I HEREBY CERllFY TO THE BEST OF MY KNOYlEDGE AND BElfF THAT lHE LEGAl DESCRIPTION AND SKETOl SHOWN HEREON SUBSTAN1IALL Y t.tEETS 1HE MINIMUM lECHNICAl STANDARDS F<R LAND SUR~NG D~IBED IN 1HE STAlE OF FlORIDA RULE 61G17. F.A.C. FURTHERIIllRE, THIS CER1IFICAllON SHAll NOT EXTEND TO ANY OlHER PERSONS OR PARTIES OlHER THAN lHOSE NAMED HEREON AtIl SHALl NOT BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SURVEY<R W1lHOOT 1HE ORIGINAL RAISED SEAl AND SIGNATURE OF 1HE FlORIDA UCENSED SURVEYOR AND MAPPER. GEORGE A. SHIMP II, FLORIDA REGISlEREO LAND SURVEYOR No. 2512 Exhibit "A-2" Page 3 of 6 7 Be 8 29 15 PINELlAS SECllON . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY LEGAL DESCRIPTION ,< A PARCEl OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PlAT OF COLUMBIA .... SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PA~ 60, OF THE . PUBUC RECORDS OF PINElLAS COUNTY, FLORIDA, lYING IN THE EAST 1/2 OF SECllON 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST 1/2 OF SECllON 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELlAS COUNTY, FLORIDA, BEING MORE PARllCULARlY DESCRIBED AS FOllOWS: COMMENCING AT THE NORTHWEST CORNER OF lOT #, OF llOYD-\fiITE-SKINNER SUB(JVISlON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINEllAS COUNTY, FLORIDA; THENCE N.901)()'oo-E. AlONG THE NORTH BOUNDARY OF SAID lOT #, A DISTANCE OF 3.82 FEET; THENCE N.05"32'30-E. ALONG THE EASTERLY RIGHT~OF-WAY OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO A POINT OF CURVE; lHENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF N.2811'29-E. TO THE POINT OF BEGINNING; THENCE N.90"OO'oo-W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY AlONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63'52'46-E.; THENCE S.89'54'00-E., A DISTANCE OF 79.18 FEET m A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS Of 40.00 FEET, AN ARC OF 61.30 FEET, A CHORD OF 55.47 FEET AND A CHORD BEARING OF 5.45'59'54-[, TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF NORESAlD GULF VIEW BOULEVARD, BEING A CURVE TO THE lEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING OF N.77'55'43"W.; THENCE N.89"54'00-W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOUlEVARD BEING A CURVE TO THE lEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CH~D OF 22.84 FEET AND A CHORD .BEARING OF S.70"27'47-W. TO THE POINT OF BEGINNING. CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS. PREPARED FOR K Be P CLEARWATER ESTATES, LLC SHEET 1 OF 3 GEORGE A. SHIMP II, FLORIDA REGISTERED LAND SURVEYOR No. 2512 JOB NUMBER: 050088 DATE SURVEYED: N7A DRAWING FILE: 050088B.DWG DATE DRAWN: 1-31-2005 LAST REVISION: N/A X REFERENCE: 050079 - GEORGE A. SHlJ/P n r"Y " AND iSSOCMTE8, INCORPORATED \.. :: 1 LAND SURVITORS LAND PLANNERS .... 3301 .DeSOTO BOUYYARIJ, suns .D PALl! HAH./JOH, 'lOHllM 3-1&83 LB 1834 PHOHS (727) 71N-5.f9&,n (727) 78&-125& CERlIACAlION: I HEREBY CERlIFY TO THE BEST OF MY KNOVttEDGEAND BEUEF THAT THE LEGAl DESCRlPlION AND SKETCH SHOYttl HEREON SUBSTANlIAlL Y MEElS THE MINIMUM TECHNICAl STANDARDS FOR LAND SURVEYING DESCRIBED IN THE STATE OF FLORIDA RULE 61G17, F.A.C. FURTHERMORE, THIS CERlIACAlION SHAll NOT EXTEND TO ANY OTHER PERSONS OR PARlIES OTHER THAN THOSE NAMED HEREON AND SHAll NOT BE VAUD AND BINDING AGAINST THE UNDERSIGNED SUR~OR YtlTHOUT lHE ORIGINAl RAISED SEAl AND SIGNATURE OF THE FLORIDA UCENSED SURVEYOR AND MAPPER. Exhibit "A-2" Page 4 of 6 7 & 8 29 15 T PINEllAS SECTION . . . . . . . TO~SHIP . . . . . . SOUTH. RANGE . . . . . . EAS . . . . . . . . . . . . . . . . . COUNTY, FLORIDA LEGAL DESCRIP1lON and SKETCH THIS IS NOT A SURVEY Lrnn1:R www o 50 GRAPHIC SCALE 1 inch = 50 ft. __~LF VIEW B~ARD (7~' RfW) _____~ I 589'54'OO"E 79.18' c:, \ , , S. R/W UNE to' VACAlED R/W '\ N89'54'OO"W 145.71' , I I LOT 1, 81.00< "A", Cll.UMBIA -+- t SUBDIVISION (P.B. 23, PC. 60) i,! -- ~ ~~:r '~~i~'13)' , .. ~ u/_ g , EL' ~ ,II ~ " ~ / " I 00 ! m , u ~ /I i / I - I iN'R/W/lNE) I .. ~, ~ ~ --1/ ~ ----i~i--+-~~------ -j I f CURVE CHORD BEARING Cl N2811'29"E UNE BEARING DISTANCE C2 N63'52' 46"E 11 N90"OO'OO"E 3.82' C3 S45'59'54"E L2 NOS'32'30"E 0.88' C4 N77'SS' 43"W L3 N90'OO'00"W 29.08' CS S70"27'47"W SHEET 2 OF 3 CERnRCAlION: I HEREBY CERlIFY TO 1HE BEST OF MY KNO'M.EDGE AND BBJEF lHAT THE LEGAL DESCRJPlION ANO SKETCH SHOWN HEREON SUBSTANnALL Y t.IEETS THE MINIMUM TECHNICAL. STANDARDS FOR lAND SUR~NG OESCRIBm IN THE STATE OF FLORIDA RULE 61G17, F.A.C. FURTHERUORE, THIS CERnRCA liON SHALL NOT EX1END TO ANY OTHER PERSONS OR PAR1IES OTHER THAN THOSE NAUm HEREON AND SHALL NOT BE VAUD AND BINDING AGAINST THE UHDERSIGNm SUR\{'f()R WITHOUT THE ORIGINAL. RAISED SEAL AND SIGNA lURE OF 1HE FLORIDA UCENSED S\JR\{'f()R AND MAPPER. DAlE SURVEYED: N A DAlE DRAWN: 1-31-2005 X REFERENCE: 050079 GEORGE A. SHIMP H AND JSSOCMTE8, INCORPORATED LAND SURVEYORS LAND PLANNERS 33111 .o,S01'f) BOUUYAR.D, SUnK .0 P.lJ:JlIlDUJOIl, I'~OJUIM 3-1(/83 PRONK (727) 78-1-0-19(/ I'D (727) 78(/- /,to(/ GEORGE A. SHIMP II, FLORIDA REGISTERED LAND SURVEYOR No. 2512 LB 1834 Exhibit "A...2" Page 5 of 6 7 &; 8 29 15 PINELlAS SECll0N . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNlY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY ABBREVIATIONS A = ARC LENGTH A/C = AIR CONDITIONER 1f = ALUMINUM FENCE ALUM = ALUMINUM ASPH = ASPHALT BFE = BASE flOOD ElEVA liON BlOG = BUILDING BLK = BlOCK Bt.t = BENCH MARK BNDY = BOUNDARY BRG = BEARING B\\f = BARBED WIRE FENCE C = CALCULA lED ca = CHORD BEARING cas = CONCRElE BLOO< SlRUCTURE CHD = CHORD Cl = CENTERUNE eLF = CHAIN UNK FENCE ClOS = ClOSURE COL = COLUMN CONC = CONCRElE CR = COUNTY ROAD C/S = CONCRElE SLAB COR = CORNER COY = CO\mED AREA D = DEED DOT = DEPARlMENT OF lRANSPORTAlION DRNG = DRAINAGE D/W = DRIVEWAY EL OR ElEV = ELEVAlION EOP = EDGE OF PAVEMENT EOW = EDGE Of WATER ESII'T = EASEMENT FeN = FOUND CONCRElE MONUMENT FES = FlARED END SEClION AP = FOUND IRON PIPE AR = FOUND IRON ROD Fl = flOW UNE FLD = AELD FND = FOOND FOP = FOOND OPEN PIPE FPC = flORIDA poe CORP. FPP = FOOND PINCHED PIPE FRM = FRAME FZL = flOOD ZONE UNE GAR = GARAGE G/E = GLASS ENClOSURE H\\f = HOG WIRE FENCE HI\\. = HIGH WATER UNE INV = INVERT La = LAND SURVE'tlNG BUSINESS LFE = LOv.EST flOOR ElEV LHSM = LOv.EST HORIZOOTAI. SUPPORlING MEMBER LS = LAND SURVEYOR M = MEASURED MAS = MASONRY MES = MITERED END SEClION MH = MANHOLE MHI\\. = MEAN HIGH WATER UNE MSl. = MEAN SEA LEVEL NiII = NAIL AND BOTtlE CAP Ncldl = NAIL AND DISK N&T = NAIL AND TAB NGW = NAlIONAL GEODElIC VERlICAL DATUIl NO = NUMBER O/A = OVERALL OHW = OVERHEAD \\IRE(S) . OR = OFFICIAl. RECORDS O/S = OffSET P = PLAT PB = PLAT BOOK PC = POINT or CURVE PCC = POINT OF COMPOUND. CURVE PCP = PERMANENT CONlROl POINT PG = PAGE PK = PARKER KALON PL = PROPERTY UNE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT POL = POINT ON UNE PP = poe POLE PRC = POINT or REVERSE CURVATURE PRM = PERMANENT REFERENCE MONUlENT PROP = PROPERTY PSM = PROFESSIONAL SURVEYOR & MAPPER PT = POINT or TANGENCY PW'T = PAVEMENT RAD = RADIUS R = RECORD REF = REfERENCE RES = RESIDENCE RL = RADIAL UNE RLS = REGlSlERED LAND SURVEYOR RND = ROUND RNG = RANGE RRS = RAIL ROAD SPIKE R/W = RIGHT-Of-WAY SCM = SET CONCRElE MONUMENT S/E = SCREENED ENClOSURE SEC = SEClION SET N&D = SET NAIL AND DISK RlSI 2512 SIR = SET 1/2' IRON ROO RLSI 2512 sa = SQUARE SRf = SPUT RAIL FENCE SR = STATE ROAD STY = STORY SUB = SUBDIVISION S!W = SIDEWAlK 18 = 'r BAR IBM = TELlPORARY BENCH MARK TC = TOP or CURB TOB = TOP or BANK TOS = TOE. Of SLOPE lRANS = lRANSFORMER T\\P = TO\\lolSHIP TYP = TYPICAl. UG = UNDERGROUND UTll = UlIUTY Vlf) = WOOD \\f = WOOD FENCE YtlF = \\ROUGHT IRON FENCE \\IT = WllNESS VtflF = WIRE FENCE WV = WATER VAl.VE ... ABBREVlA llONS MAY ALSO BE CONCA TENA TED AS REQUIRED, *** OlHER COMMONLY RECOGNIZED AND/OR ACCEPTED ABBREVIATIONS ARE ALSO UllUZED BUT NOT SPECIFIED HEREON. DATE SURVEYED: N/A DATE DRAWN: 1-31-2005 X REFERENCE: 050079 - GEORGE A. SHIMP n r "AND ASSOCIATES, INCORPORATED \.1- Ll LAND SURVEYORS LAND PLANNERS ~ 3301 DeSOTO BOUM'YAR/J, SUI1'I D PAlJf HDlBOH, I'lORIDA 3./883 PHOKI (727) 78./-5./981'0 (727) 788-1258 SHEET 3 OF 3 JOB Nut.1BER: 050088 DRAWING FILE: 050088B.DWG LAST REVISION: N/A CERnACA liON: I HEREBY CERlIFY TO THE BEST OF MY KNO\\tEDGE AND BEUEF THAT THE LEGAL DESCRIPnON AND SKETCH SHOWN HEREON SUBSTANlIALLY MEETS THE MINIMUM lECHNICAL STANDARDS FOR LAND SURVEYING DESCRIBED IN THE STATE OF flORIDA RULE 61G17, F.A.C. FURnlERMORE, THIS CERlIACAlION SHALL NOT EXTEND TO ANY OTHER PERSONS OR PARlIES OTHER THAN THOSE NAMED HEREON AND SHALL NOT BE V AUD AND BINDING AGAINST THE UNDERSIGNED SUR\{'(QR WITHOUT THE ORIGINAL RAISED SEAL AND SIGNA nJRE OF THE flORIDA UCENSED SURVEYOR AND MAPPER. GEORGE A. SHIMP II, FlORIDA REGISTERED LAND SURVEYOR No. 2512 LB1834 Exhibit "A-2" Page 6 of 6 13"0 a In ,. . I . *-~ III :!.s:fJ i I..:C !.ll~ II O~;;lo ~ll!!; III II~ J ~ 011I.. faD.... H !lip: 1J!1l! il E 1 II ~i~~ I I ~ i } h,,&g } ~ f I I! I , 5 S c ..!. ..!. II , i:'l i:'l ..., ..., r' ; J If ,I ~l 11 H .. jl " ,~ ~ i;l I" '" i I" '" EXHIBIT B Page 1 of 21 IIltl' 10 ~ h! . I I *-.~ lit :f ].~ I....c .~ ~ ! Ol ~ I I.. U MO' .- ,;~ ! d O:U!iiO 1m! m J ijj ld1i:~!~ 1~1 I i E "I Ig~P~~ I i ~ oJ ~ - -5.0.. ~r-- t-- I IIi I !i i } ~~~cc i . l'j :5 b = ~ ~ " II i;j i;j .... .... " 'L.:J llJ 'I I: ~i -----+ Ii ;1 --. 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"'if ;ru= Ii it~ EXHIBIT B-2 MINIMUM QUALITY STANDARD Exhibit B-2 Hotel Quality Standard Minimum Quality Standards The Development Agreement ("Agreement") between the City of Clearwater, Florida (the "City") and K & P Clearwater Estate, LLC, a Florida limited liability company ("Developer") provides for the allocation of two hundred and fifty (250) resort hotel units from the Beach by Design Hotel Unit Pool to the site on which the Developer anticipates building the project described in the Agreement (the "Project Site"), which project is to contain, among other things, 350 hotel units within a quality resort hotel (the "Hotel"). Beach by Design establishes physical, functional and operational requirements for a proposed development to be eligible for an allocation of resort units from the Hotel Unit Pool. The allocation of the resort hotel units to the Project Site represents a significant economic incentive for the development of the Hotel. The purpose of this Exhibit is to establish: 1. minimum quality standards for the proposed Hotel; 2. a process for assessing compliance with the minimum quality standards; and 3. an enforcement mechanism in the event that the Developer shall fail to comply with the minimum quality standards. Minimum Quality Standards The City and the Developer agree that there are two (2) alternative ways in which the Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality Standards"): 1) membership in (a) the AAA and obtaining and maintaining a minimum quality rating of at least four (4) diamonds; or (b) Mobil Travel Guide ("MTG") and obtaining and maintaining a minimum quality rating of at least four (4) stars; or (c) such other travel marketing and rating service as the City reasonably approves ("Other Rating Service") and obtaining a quality rating comparable to the AAA and MTG ratings described in (a) and (b) of this subparagraph; or 2) membership in (a) the AAA and obtaining and maintaining a minimum quality rating of at least three (3) diamonds; or (b) membership in MTG and obtaining and maintaining a minimum quality rating of at least three (3) stars, and in addition to (a) or (b), inclusion in the Hotel upgraded improvements and facilities as described hereinafter. The City agrees that the Developer would satisfy the upgraded improvements and facilities requirement by providing twenty-five percent (25%) ofthe total number of AAA four (4) diamond quality criteria for: i) exterior; ii) public areas; iii) guestrooms; iv) guestroom amenities; and v) bathroom as described in AAA, Lodging Requirements & Diamond Rating Guidelines (the most current edition as of the date of issuance of the building permit for the Hotel). Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and facilities requirement by compliance with the following (the "Upgrade Criteria"): I. Exterior. A. Curb Appeal. 1. A combination of exterior elements which create an impressive well- integrated and excellent level of curb appeal. 11. Excellent variety of landscaping professionally planned and maintained. 111. Impressive architectural features well-integrated into the surrounding area. B. Parking. 1. Lighting fixtures reflect characteristics of the design of the property. 11. Physical evidence of added security exists. 111. Excellent overall illumination. II. Public Areas. a. Furnishings and Decor: Upscale, well-appointed, and in the theme ofthe property; high degree of comfort, featuring professionally fitted coverings; an abundant variety of live plants or unique dried floral arrangements. b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with umque area rugs. c. Illumination: Light fixtures are well-appointed and of an upscale design that complements the overall theme of the property; multi-placement provides overall excellent illumination. d. Signage: Design is well-defined in harmony with the theme of the property. e. Lobby/Registration Area: Spacious registration area; upgraded luggage carts; recognizable guest-service area and bellstand. f. Miscellaneous: Multiple recessed phones with notepads and pens, located away from traffic areas. Pressing is available at specific times. g. Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or bar area. h. Recreational Facilities: 1. Swimming pool area is well-appointed with upscale design elements and an excellent quality and variety of pool furniture and hot tub. Food and beverage is available poolside. J. On-site exercise facility with state of the art equipment; lockers and dressing area provided. k. Meeting Rooms. Variety of well-appointed meeting rooms with upscale design elements. Audiovisual equipment available. 1. Restrooms. Upscale facilities appropriate for the number of meeting rooms. m. Additional Recreational Facilities: Excellent variety of additional recreational facilities is available on site or arrangements are made for off-site services. n. Sundries and Other Shops: Upscale gift shop. III. Guestrooms. a. Free Floor Space: Obvious degree of spaciousness allowing increased ease of movement for guests. b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end stone floors with unique area rugs. c. Clothes Hanging Space: At least eight open-hook wood hangers. d. Clothes Storage Space: Sufficient space for two pieces ofluggage; upgraded racks or benches. e. Illumination: Excellent overall illumination; free standing fixtures in appropriate places. f. Television Placement: Television located in closed armoire. IV. Guestroom Amenities. 1. Multiple or cordless telephone. High-speed internet access. Enhanced guest-service directory in folder. 2. Upgraded stationery. Framed or beveled full-length mirror. 3. Full-size iron and ironing board. 4. Minibar. V. Bathrooms: a. Wall and Floor Coverings. Excellent quality, including ceramic tile, marble, or granite flooring. b. Free Floor Space. Excellent size bathrooms affording guests increased ease of movement and comfort. c. Amenities: 1. Excellent quality plush towels; oversized. 11. Facial tissues of excellent quality in decorative container. 111. Free-standing hair dryer. IV. Bathroom area rug. v. Make-up mirror. VI. Telephone. Compliance Assessment Initial Rating Period As soon as is reasonably possible after a final Certificate of Occupancy for the Hotel is issued by the City ("CO"), the Developer shall apply for membership and inspection by AAA, MTG or Other Rating Service (the "Hotel Rating Service"), such that an inspection by the Hotel Rating Service would be reasonably expected to occur within twelve (12) months following the issuance of the CO ("Initial Inspection Period"). Upon receipt of the report issued by the Hotel Rating Service ("Rating Service Quality Report"), the Developer shall immediately deliver a copy of the rating report to the City. In the event that the Hotel Rating Service does not or is unable to inspect the Hotel within the Initial Inspection Period, Developer shall use reasonable diligence to obtain an independent quality assessment of the Hotel from a qualified hotel/resort industry expert ("Independent Quality Assessment") within ninety (90) days after the issuance ofthe co. In the event that the Developer fails to deliver a qualified Rating Service Quality Report or a qualified Independent Quality Assessment to the City within ninety (90) days after the first anniversary of the CO, the City may at the Developer's expense, obtain a written opinion of an independent expert in the hotel/resort industry with regard to the compliance ofthe Hotel with the Minimum Quality Standards established in this Exhibit. Maintenance and Monitoring of Compliance with Minimum Quality Standards 1. The Developer shall maintain compliance with the Minimum Quality Standards throughout the term of this Agreement. 2. In the event that the initial rating ofthe Hotel equals four (4) diamonds, four (4) stars or the equivalent with an Other Rating Service or better, maintenance of such rating shall constitute full compliance with the Minimum Quality Standards. 3. In the event that the initial rating ofthe Hotel equals three (3) diamonds, three (3) stars or the equivalent with an Other Rating Service, and the Developer has included in the Hotel the required upgraded improvements and facilities as described above, the maintenance of such rating shall constitute compliance with the Minimum Quality Standards. On the fifth anniversary ofthe issuance ofthe CO, ifthe most recent Rating Service Quality Report does not address compliance with the upgraded improvements and facilities requirement established in this Exhibit (the "Upgrade Requirement"), the Developer shall obtain a written opinion from a qualified hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement. If the Developer fails to deliver a qualified opinion of compliance with the Upgrade Requirement, the City may at the Developer's cost, obtain a written opinion of an independent expert in the hotel/resort industry with regard to the compliance of the Hotel with the Upgrade Requirement. Failure to Comply In the event that a Rating Service Quality Report, an Independent Quality Assessment or the opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or no longer complies with the Minimum Quality Standards established in this Exhibit or the Developer fails to provide the City with a Rating Service Quality Report or an Independent Quality Assessment or expert opinion, or the Hotel Rating Service that previously rated the Hotel has given notice stating that such service has downgraded the Hotel's rating to a lower rating level ("Rating Downgrade Notice"), the City shall notify Developer of default in a writing which details identifying the nature of the default(s) ("City Quality Default Notice"). If the default(s) described in the City Quality Default Notice are based upon a Rating Downgrade Notice, Developer shall have that period of time given to Developer by the downgrading hotel rating service to dispute or effectuate any cure required to restore the Hotel to the Minimum Quality Standard and to present to the City reasonable evidence that Developer has either prevailed in its dispute of the default(s) or has effectuated a cure of the conditions upon which the default is based. Ifthe City Quality Default Notice is based on any basis provided for in this Exhibit other than a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the Developer intends to dispute the Default Notice. Ifthe Developer does not notify the City within ten (10) days of its intent to dispute the Default Notice, the Developer shall have thirty (30) days to cure the default, or in the event that it is not reasonably possible to cure the default within thirty (30) days, the Developer shall submit a sworn statement describing the steps necessary to cure the default and to the time period necessary to cure the default. In the event that the Developer disputes the Default Notice, the dispute shall be resolved through expedited arbitration pursuant to the Agreement and in the event that the Developer's dispute is resolved in favor ofthe City, the Developer shall thencure the default within thirty (30) days after resolution of the dispute. In the event th~t a City Quality Default Notice was based on a failure to maintain compliance with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified hotel/resort industry ~xpert that the Hotel continues to meet the Upgrade Requirement every two (2) years after the default is cured until the expiration or termination date of the Agreement. Notwithstanding anything contained in this Agreement to the contrary, it shall not be considered a default under this Agreement ifthe Developer must make modifications or take actions to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken requires the alteration of structural or architectural design elements of the Project which were approved by the City in connection with the construction of the Project or where the cost of such modifications or actions, including any debt service incurred by the Developer in connection therewith, cannot be recovered over the useful life of the item to be modified,as reasonably determined by the City and the Developer. Remedies upon Event of Default Upon the occurrence of an Event of Default which is not cured within thirty (30) days, Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred Dollars ($2,500.00) payable to the City for each day that the defaults enumerated within the City Quality Default Notice at issue remain uncured. In the event that an Event of Default occurs, the accumulated fines shall be a lien against the Hotel component of the Developer's Property which may, at the City's sole discretion, be enforced through a foreclosure proceeding. EXHIBIT C PROJECT SITE The Project Site shall consist of the Developer's Property (as described in Exhibit A), less the Dedications (as described in Exhibit A-I and Exhibit L), plus the Vacations of Rights of Way (as described in Exhibit A-2), as depicted on the attached diagram. SN:~~'lJ -:l:!O.r.T.l..Ul-lJ~""JJV:JC'.A}tI.'V1 '")NILtA,L VDl )L,'SV ','.")V.\ \7 f LU.J-:i i !I ~ I'OJ~Old .~3l Y,MClV:;J'J:) 3.LIS Ll:;JroNd OGVNO<fOJ 001 :] ~-==-~--~=~~t~~ " R 'j ii ;~i i~ "I~ i!~ ~~.i " ~ i~~ ";~~11 \0:"," g:Sg~ Ill!! ~~~:~ m;~ ~m~ 6 ~ Q:; " l', '" C.I " f..) ~.....: ~~ ~i; I'M'O'IL(9) '~SON~ Ie-- - - ---- ----- : ----, Exhibit "e" 2: (') OJ '" c '" 0: ), ~ c, g <r ci o o o ~ o <r o () s ~ U ?- m i: >< w EXHIBIT D COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS [Please see the attached diagrams which depict the coordinated design features.] ,."'-4. C~.:l '!if - ;: r ( - .. '!I; 'I. . ;'1....;. R .' i . I c:- ~ ,..fl L. .>> Exhibit "D" EXHIBIT E DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as ofthe day of , 2004 by K & P Clearwater Estate, LLC. K & P Clearwater Estate, LLC, is the owner of fee simple title to all of the real property described in Exhibit 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The City of Clearwater has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a preliminary design for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District provides for the allocation of bonus resort units as an incentive for the development of destination quality resorts with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a Community Redevelopment District, the allocation of bonus resort units is subject to compliance with a series of performance standards, including a requirement that the resort hotel to be developed on the Real Property implement a trip generation management program to reduce the number of vehicle trips generated by the use and operation of the Real Property. The City of Clearwater has granted, by City Council Resolution passed and approved on , the application of K & P Clearwater Estate, LLC, for an allocation of bonus resort units pursuant to the provisions ofthe designation of Clearwater Beach as a Community Redevelopment District subject to compliance with the requirements of the designation of Clearwater Beach as a Community Redevelopment District. K & P Clearwater Estate, LLC, desires for itself, and its successors and assigns, as owner to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions ofthe allocation of bonus resort units to K & P Clearwater Estate, LLC, and the designation of Clearwater Beach as a Community Redevelopment District, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration ofthe covenants and restrictions herein set forth and to be observed and performed, and in further consideration ofthe allocation of bonus resort units to K & P Clearwater Estate, LLC, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, to K & P Clearwater Estate, LLC, hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of K & P Clearwater Estate, LLC, and its successors and assigns and shall be enforceable by them and also for the benefit ofthe residents of the City of Clearwater, Florida, and shall be enforceable on behalf of the said residents by the City Council of the City of Clearwater. 2. Covenant to Prepare and Implement a Trip Generation Management Program. K & P Clearwater Estate, LLC, hereby covenants and agrees to the development, use and operation ofthe Real Property in accordance with the provisions of this Declaration. 2.1 Trip Generation Management Program. K & P Clearwater Estate, LLC, shall prepare a Trip Generation Management Program which includes, at a minimum, the program elements which are set out in Exhibit 2 which is attached hereto and incorporated herein. 2.2 Implementation. K & P Clearwater Estate, LLC, shall take all necessary and appropriate steps to implement the approved Trip Generation Management Program and the selected management strategies. 3. recording. Effective Date. This Declaration shall become effective immediately upon its 4. Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5. Recording. This Declaration shall be recorded in the chain oftitle ofthe Real Property with the Clerk of the Courts of Pinellas County, Florida. 6. Attornevs Fees. In the event the City of Clearwater or K & P Clearwater Estate, LLC, is obligated to institute legal proceedings with respect to this Declaration, the prevailing party shall be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from the non-prevailing party. 7. Severabilitv. If any provision, or part thereof, ofthis Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, K & P Clearwater Estate, LLC, has caused this Declaration of Covenants and Restrictions to be executed this day of ,2004. K & P Clearwater Estate, LLC Witness: BY: Dr. Kiran C. Patel as Managing Member ofK & P Holdings, L.c., General Partner ofK & P PARTNERS LIMITED PARTNERSHW,AFLORID A LIMITED P ARTNERSHW, Managing Member of K & P Clearwater Estate, LLC. State of Florida ) County of Pinellas ) The foregoing instrumentwas acknowledged before me this day of , 2004, by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company, general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of tbe corporation, who is personally known to me or who produced as identification. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp EXHIBIT 1 Pllrcd I: Lot ~. 11l<X'k 'I;'," t COLtlMIaXAS0901VIEION, according t() plat thureo+ rt.tc:ordad inPlllt Book23..t'l1.9lt 60. Public R6QOrcltJ of Pinallas Cot,lMy ,1"101'1 da 1 i:ogctthurHith t.h~ v<<,r;;~l..~aouthsrly 1 foot of Gu:1f vie,.. ~f;n\levard ~:,u.lJac0nt to ::ld.idLot1. llndchu Vo.cAt:od HGlsltoarly 1 foot of Coronado ndv~ <<dj/,l;Cl;lJ;lt: to ::",i~~bl;. 1" !'ll\id v4ca'tett pbreibttU boing ahoHn by Rc~olu'tion fnnd NO'/u~ber 2'1, 19;9, ill O,R~Dook 15'1, PagG 40, Public .Rscords 01 Pinellas eO~Ulty( ii'l~l"l(b.ta.nda.ll!lo Lotu 44, 45, 46, 4'1, 90, g1,9.2, 93. 94 95, 95, a.nd 91 1'r;j~ L'40YD,.WI:H'l'E~SKINNER SUBDI'IISIOl'LacccrdJ.nq to plat thf.ll'l1lufuco:r\l"l.d~I1P).Ilt; 8ook13 1 Pagf)~ 12 and 13, Public Reoords oft='ln~UI1~ Oounl:.y ,Flul ida, tCl1ether with thFt vaml t..d W<tsb~t'ly 1.8j;f~e\; Q.f~oJ.'l;:maGc P:d,y<, e.djilt:crd: to ~a;r.l toot; 93. Pnrcclll : Lots 49.1 49, 50, 51, 52 and 98, 'l!he Lloyd-White-Skinner SUbdivision, ac(!ording to the ma.p or plat thereof as t'X'ecorded in Plat Book 13, Page 12, Publi..c Records of Pinellas County, Florida. P~I f'(~c! Ill: Lot. 55, I'~orth ~10 feet <If Lot %, South 20 feet of Lot 101,all oj: Lot 102 I <:mdth€: Harth 30 reet of Lot 103/ IJLOYP~,ilH!TE- Sr(ZJ~l._ER, SU,BJJ.LV',t.t".ltJI'l( ac-tb-!.~G:in9 t,o t.he '1nap or plat th~rC!!Of af; T,;::corded if: Pl<1tEool~ 13! p2t;iesJ,2 andD,pl.1blic r.ecor:clH or 1'i.:19J lus Count).', Florida. . J...;)It~::: S3 J ::;4 I 9.0 I 10D <lndthe Northe1.';,y :.0 teot oft.ot.l10.1.. I 1..I,O:t'b-NH!TE..SK!NNItH SUBD!V:ISrON', aCGordil1g to the map m'!?lElt. dH::l;~(!!.)t <.19 raccn:clcd in Plat 13001, 13, p~g€lfi ;.2 rmd ).3, )?ul::iHr: rc'C'::"rof' ('I f ?;n~J.J,,~ County, F'lM:ti rifl. Page 1 of 3 TOGETHER WITH: LEGAL DESCRIPTlON A PARCEl Of lAND BEING A PART Of GUlf \1EW BOUlEVARD, AS DEPICTED ON mE PLAT Of COlUMBIA SUBDl\1SlON, ACCORDING. TO 1HE PlAT THEREOf, AS RECORDED IN PlAT BOO< 23, PA~ 60, Of THE PUBlIC RECORDS Of PINlli.AS COUNTY, flORIDA, AND BEING A PART OF SAID GUlf \1EW BOUlEVARD AND FlRST AVENUE, AS DEPICTED ON THE PlAT Of LLO'fU-YMITE-SKlNNER SUBDI\1SlON, ACCORDING TO PlAT THEREOf, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, Of 1HE PUBUC RECORDS Of PINEllAS COUNTY, flORIDA, ALL LYING IN THE EAST 1/2 Of SECnON 7, TOWNSHIP 29 SOUTH, RAN~ 15 EAST, AND THE \6T 1/2 Of SECnON 8, TOWNSHIP 29 SOUlH, RAN~ 15 EAST, PINBlAS COUNTY, flORIDA, BEING MORE P ARnculARL Y DESCRIBED AS foo.OWS: BEGINNING AT THE NORTH\\{$T CORNER Of LOT 44, Of SAID LLO'fU-WHITE-SKINNER SUBOI\1S1OO; THENCE S.05'32'3O.W. ALONG 1HE EAST RIGHT-Of-WAY OF GULF \1EW BOOlEVARD, A DISTANCE Of 90.06 FEET; THENCE S.84'2130.E. AlONG THE NORTH RIGHT-Of~WAY Of ARST A\mJE. A DISTANCE Of 192.00 FEET; THENCE 5.05'32'3O.W., A DISTANCE Of 59.91 FEET; THENCE N.84'29'08-W. ALONG THE SOOTH RlGHT-(J'-WAY Of SAID ARST AIDWE, A DISTANCE Of 192.00 FEET; THENCE 5.05'34'08.W. ALOOG AfORESAID EAST RIGHT-of-WAY Of GUlf \1EW BOULEVARD, A DISTANCE Of 154.95 FEET; THENCES.05'31'21"W. ALONG SAID EAST RlGHT-,.Of-WAY Of GUlf ~EW BOUlEVARD, A DISTANCE Of 160.05 FEET; THENCE N.84'2130"W.. A DISTANCE Of 34.98 FEET; THENCE N.05'32'JO.E. AlONG THECENlIRUNE Of SAID GUlf \1EW BOUlEVARD, A DISTANCE Of 456.33 FEET; THOU!: S.41'28'18.E., A DISTANCE Of 16.55 FEET; THENCE S.05'29'40.W., A DISTANCE Of 0.58 FEET; THENCE S.84'3O'20.E., A OISTANCEOf 6.00 FEET; lHENCE N.05'29'40"E., A DISTANCE Of 18.97 FEET; THENCE COOnNUE N.05'29'40"E., A DISTANCE Of 1.03 FEET; THENCE N,411lO'13.W., A DISTANCE Of 17.95 fEET; THENCE N.48'31'JrE., A DISTANCE Of 14.15 FEET; THENCE N.90'OO'00.E., A DISTANCE OF 34.32 FEET TO A POINT Of NON-TANGENT CUR\{; THENCE SOOTH\61ERlY ALONG AfORESAID EAST RIGHT-Of-WAY Of GUlf ~EW BOUlEVARD, lOG A CUR\{ TO THE lHT HA\1NG A RADIUS Of 34.00 FEET, AN ARC Of 26.87 fEET, A CHORD Of 26.18 FEET AND A CHORD BEARING Of S.2811'29.W.; THENCE 5.05'32'3O.W. ALONG SAID EAST RIGHT-Of-WAY Of GULF 'vD BOOlEVARO, A DISTANCE Of 0.88 FEET; THENCE N.90'00'00.W. ALONG THE NORTH BOUNDARY Of AfORESAID LOT 44, A DISTANCE Of 3.82 FEET TO THE POINT Of BEGINNING. CONTAINING 28,198.76 SQUARE FEET OR 0.6474 ACRES, UORE OR lESS. . LEGAL DESCAIP110N A PARCB. OF LAND BEING A PART Of GUlf VIEW B<UfVARD, AS DEPICTED ON THE PlAT OF COLUMBIA SUBDl\1Sl0N, ACCORDING TO THE PLAT THEREOf, AS REcamm ~ PlAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINEllAS COUNTY, FlORlOA, LYING IN THE EAST 1/2 OF SECnON .1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND 1HE YEST 1/2 Of SECTIOO 8, TOINSHIP 29 SOUTH, RANCI: 15 EAST, PINEllAS COUNTY, FlORlOA, BEING MORE PARl1CUlARlY DESCRJ8ED AS FOLLOWS: . COUUENONG AT 1HE N001H\\fST CORNEROf' LOT oU, ()f LLOYD-WHlTE-SKINNER SUBDMSlON, ACCORDING TO.1HE PLAT lHERE()f, AS REcaIDED IN PlAT BOOK 13, PA~ 12 AND 13. OF THE PUBUC RECORDS OF PINEll.AS COONlY, flORIDA; THENCE N.9O"OO'OCtE. AlONG THE NORTH B<XIfDARY Of SAID LOT 44, A DISTANCE Of 3.82 FEET; THENCE N.05'32'JOt:. AlONG 1HE EASTERlY RIGHT-of-WAY OF AfOOESAlO Gll.f 't1EW BOUlEVARD, AD/STANCE Of 0.88 fEET TO A POINT Of CUR'tr; lHENCE NORTHEASTERlY ALONG SAID EASlERlYRlGHT-Of-WAY Of GUlf \1EW BOUlEVARD BEING A CURVE TO THE RIGHT HAWiG A RADIUS Of 34.00 FEET, AN ARC ()f 26.87 fEET, A CHORD Of 26.18 FEET AND A CHORD BEARING OF N.2811'29-E. TO THE PaNT OF BEaNNING; THENCE N.90'OO'OO.W., A DISTANCE OF 29.08 FEET TO A POINT Of NON-TANGENT CURVE; THENCE NORTHEASTERlY ALONG A WRVE TO THE RIGHT HA\1NG A RADIUS Of 112.00 FEET, AN Me Of 102.51 FEET, A OiORD OF 98.97 FIET AND A CHORD BEARlNG.(f' N.63"52'46-E.; THENCE 5.89'54'00.[., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASlERlY ALONG A CURVE TO 1HE RIGHT HA\1NG A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FIET, A CHORD OF 55,47 FEET AND A CHORD BEARING Of 5.45"59'54-E. TO A POINT of NON-TANGENT CURVE; THENCE YeESTERlY AlONG lHE SOOlHERlY RIGHT-OF-WAY Of AFORESAID GUlf \1EW BOUlEVARD, BEING A CURVE TO THE lIFT HA\1NG A RADIUS OF 28.66 FEET, AN ARC or 11.98 FEET, A CHORD Of 11.89 FEET AND A CHORD BEARING ()f N.7T55'43.W.; THENCE N.89"54'OO.W. AlONG SAID SOU1HERLY RIGHT-OF-WAY or GUlf \1EW BOUlEVARD, A DISTANCE Of 145.71 FEET TO A POINT Of CURVE; THENCE V1ESlERLY AlONG SAID SOUlHERLY RIGHT-Of-WAY Of GUlf ~EW BOUlfVARD BEING A CURVE TO THE lEfT HA \1NG A RADIUS or 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD Of 22.84 FEET AND A CHORD.BEARlNG OF s.70"214tW. TO THE POINT OF BEGINNING. CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES, UORE OR LESS. Page 2 of J LESS AND EXCEPT: . LEGAL DESCRIPTION PARCEL 'c' The easterly 18 feet of Lot 93; TOGETHER WITH the westerly 1 - foot of the right of woy of Coronado Drive abutting Lot 93, LLOYD~WHITE-SKINNER SUBDIVISION as recorded in Plat Book 13, page 12, public records of Pinellas County, Florida; TOGETHER WITH the westerly 1 foot of the platted right of way of Gulfview !,Boulevard as shown on the plat of CITY PARK SUBDIVISION as recorded in Plat ,Book 23, page 37, public records of Pine lias County, Florida, ond being further . described in in O.R. Book 770, page 40, public records of Pinellas County, Florida; . TOGETHER WITH a portion of Lot 1, Block A, COLUMBIA SUBDIVISION as recorded in Plat BOOK 23, page 60, public records of Pinel/as County, Florida, all of the above being further described os follows: Beginning at the southeast corner of Lot 93, LLOYD-WHITE-SK/NNER SUBDIVISION, thence N84'27'30"W along the southerly boundary of Lot 93 a distance of 18.00 feet; thence NOS' 32'30"E along a line 18 feet westerly from and parallel with the platted right of way line of Coronado Drive (a 60 foot right of way) as shown on . the plat of LLOYD-WHITE-SKINNER SUBDIVISION a distonce of 13S.0S feet; thence .5.24 feet along the arc of a curve to the left having 0 rodius of 40.00 feet, and a chord bearing N01"47'28"E, 5.23 feet to 0 point of intersection with the . southerly right of way line of Gulfview Boulevard as described in O.R. Book 770, : page 40, public records of Pinel/as County, Florida; thence easterly and southerly along said right of way line for the following four (4) courses: 1) 3S.S3 fe'et along the arc of a non-tangent curve to the right having a /radius of 28.66 feet, and a chord bearing S29'58'20"E, 33.30 feet; 2) SOS'32'30"W, 2.63 feet to the southerly boundary of CITY PARK SUBDIVISION; 3) SOS'32'30"W, 110.54 feet; 4) N84'27'30"W, 1.00 feet to the POINT OF BEGINNING. Contoining 2,S24:1: squore feet, or 0.OS8::1: ocres. LEGAL DESCRIPTION PARCEL 'D' Oft f L ts 97 98 99 100, and 101; The easterly 18. ee. 0 0 18 O'f t' of Lot 102 LESS the southerly 30.0 feet TOGETHER WITH the eosterly . ee d d' Plat Book 13, page 12, f LLOYD-WHITE-SKINNER SUBDIVISION as recor e I~ thereo , , FI'd ublic records of Pinellas County, on o. ~ONTAINING 5,670:1: SQUARE FEET, OR 0.130:1: ACRES. LEGAL DESCRIPTION PARCEL 'E' The southerly 20.0 fee~60f L~t 1 ~~; LESS The southerly 20.0 feet thereof; TOGETHER WITH Lots an 30 0 f t of Lot 102 LLOYD-WHITE -SKINNER TOGETHER WITH the south~r1Yp. It' B eke 13 page 12' public records of Pine lias SUBDIVISION as recorded In a 00 '. ' Coun~, Rorida. CRES CONTAINING 12,600:1:: SQUARE FEET, OR 0.289:1: A . Page 3 of 3 EXHIBIT 2 Trip Generation Management Program 1. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the developer shall implement a Transportation System Management Plan. This Plan shall establish practices, procedures and costs/fees for services to reduce the number of trips to and from the site. Examples of methods, which may be considered are: a. Guest shuttle services/airport b. Guest shuttle services/activities c. Employee shuttle d. Non-motorized modes for Hotel guests e. Fixed route transit f. Taxis/demand responsive transit g. Non-motorized modes for employees h. Staggered working hours The plan will address the trip characteristics of resort occupancy, compare and contrast the generation and reduction methods against non transient units and create a supporting trip utilization projection for the Beach by Design transit proposal from both Hotel visitors. The plan will apply a best methods approach. City and County transportation programs may also generate additional methods based on special studies or intergovernmental program funding (County-wide Gulfview Trolley System). EXHIBIT F COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARA nON OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 200_, by K & P Clearwater Estate, LLC, a Florida limited liability company ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended it Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of bonus resort hotel units ("Bonus Units") as an incentive for the development of destination quality hotel resorts with a full complement of resort amenities. Pursuant to the Designation, the allocation of Bonus Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Bonus Units ("Hotel") shall be closed and all Hotel guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on Developer's application for Bonus Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Bonus Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration ofthe allocation of Bonus Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development. Use and Operation. Developer hereby covenants and agrees to the development, use and operation ofthe Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 Aminimum of two hundred and fifty (250) hotel units, which is the numberofhotel units allocated to DEVELOPER, shall be used solely for transient occupancy of thirty (30) days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator ofthe hotel. No hotel unit shall be used as a primary or permanent residence. 2.1.2 All other hotel units shall be licensed as a public lodging establishment, classified as a hotel or resort condominium with occupancy limited to stays of thirty (30) days or less. No hotel unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging >establishment," "hotel," "resort condominium," and "operator" shall , have the meaning given to such terms in Chapter 509, Part I, Florida , Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn ofthe approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project of which the Hotel is a part ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Bonus Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. Ifany provision, or part thereof, ofthis Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or unenforceable, the remainder ofthis Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ~ day of2004. K & P Clearwater Estate, LLC Witness: BY: Dr. Kiran C. Patel as Managing Member ofK & P Holdings, L.C., General Partner ofK & P PARTNERS LIMITED PARTNERSHW,AFLORlD A LIMITED P ARTNERSHW, Managing Member of K & P Clearwater Estate, LLC. State of Florida County of Pinellas ) ) The foregoing instrument was acknowledged before me this day of , 2004~ by Kiran C. Patel as Managing Member ofK & P Holding, L.c., a Florida limited liability company~ general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf ofthe corporation, who is personally known to me or who produced as; identification. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp EXHffiIT G REQUIRED PERMITS AND APPROVALS 1. Site plan approval 2. Conditional Approval of Vacations/Dedications 3. Piling & foundation permit 4. Demolition permit 5. Site alteration/drainage permit 6. Utility relocation permit 7; Vacation of rights of way approval, conditions and replat approval 8. SWFWMD ERP permit or exemption 9. FDEP sewer permit 10. Pinellas County Health Department Water Permit 11. Building permits package a. structural b. mechanical c. electrical d. plumbing 12. License Agreement (for Pedestrian Access Improvements (Bridge)) 13. Bridge Facilities building permit 14. Cafe Seating License 15. Landscape, Irrigation & Lighting Permit from Recreation and Parks Department 16. Land Exchange EXHIDIT H PEDESTRIAN ACCESS IMPROVEMENTS BRIDGE - That structure depicted conceptually in the tentative location shown on the attachment hereto. \, ,:-'j ., ., .-;. 7 29 15 PINlliAS SECTION . . . . . . , TO~SHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA LEGAL DESCRlPOON and SKETCH THIS IS NOT A SURVEY LEGAL DESCRIPTION A PARCEL OF LAND BEING A PART OF GULF VIEW BOllEVARD, AS DEPICtED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THERE<f', AS RECORDED ~ PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF P1NEllAS COUNTY, fURDA. AND AlSO DEPIC1ID ON THE PLAT OF LLOYD-WllllE-SKINNER SUBDIVISION, ACCORDING TO PlAT THERE<f', AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBlIC RECORDS OF P1NELLAS COUNTY, FlORDA. AlL L VlNG IN THE EAST 1/2 OF SECllON 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, P1NEllAS COUNIY, flORIDA. BaNG MORE PARllCULARL Y DESCRIBED AS FOlLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-HlE-SKINNER SUBDIVISION; THENCE N.90'OQ'00-W. ALONG THE EAST-WEST CENTERUNE Of AFORESAID SECllON 7, A DISTANCE OF 16.98 FEET TO THE POINT Of BEGINNING; THENCE 5.05'29'4O-W., A DISTANCE <f' 18.97 FEET; THENCE N.M'JO'20-W., A DISTANCE OF 6.00 FEET; THENCE N.05'29'4O-E., A DISTANCE Of 0.58 FEET; THENCE N.41'28'18-W., A DISTANCE OF 18.42 FEET; THENCE S.48'31'42-W., A DISTMn OF 12.00 FEET; THENCE N.41'28'18-W., A DISTANCE OF 16.00 FEET; THENCE N.48"31'42-E., A DISTANCE OF 14.00 FEET; THENCE N.41'28'18-W., A DISTANCE OF 66.00 FEET; THENCE 5.48"31'42"W., A D1STAIICE OF 10.00 FEET; THENCE N.41'28'18-W., A DISTANCE OF 9.00 FEET; THENCE N.48"31'42-E., A DISTANa: OF 10.00 FEET; THENCE N.41'28'18-W., A DISTANCE OF 8.00 FEET; THENCE N.48"31'42-E., A DISTANa: OF 10.00 FEET; THENCE S.41'28'18-E., A DISTANCE OF 82.85 FEET; THENCE N.48"46'03-E., A DISTANCE OF 6.50 FEET; THENCE S.41'OO'13-E., A DISTANCE OF 25.68 FEET; THENCE S.05'29'4O-W., A DISTANCE OF 1.03 FEET TO THE POINT OF BEGINNING. CONTAINING 1,725.75 SQUARE FEET OR 0.0396 ACRES, MORE OR LESS. PREPARED FOR K & P ClEARWAlER ESTA lES, LLC SHEET 1 OF 3 GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR &: MAPPER No. 6137 JOB NUMBER: 050019 DATE SURVEYED: N/A DRAWING FIlE: 050079.DWG DATE DRAWN: 1-26-2005 LAST RE\1SJON: N/A X REFERENCE: 040999 - GEORGE A. SHlllP n r 1_ '\ AND ASSOCIATES, INCORPORATED \.:: ~ lAND SURVEYORS LAND PLANNERS .. 3301 IJeSOl'O BOUIJYJJiJJ, SU/l'l IJ l'AlJI H.JR/JOH, F.tOJUlM 34883 La 1834 PHOIII (727) 784-5498 Fn (727) 788-f,!58 CERllACAllON: I HEREBY CERlfY TO lHE BEST (F MY KNO'lUDGE AND BElJEF lHAT 1HE LEGAl DESCRIP1K* AND SKETQl g.IOYlft 1lRE0N SlIISTAN1IAU. Y MEETS lHE MINIMUM lECHNICAL STANDARDS FOO LAtI) SUIMYING lO:RIIlED .. 1HE STAlE OF FllRlDA RULE 61G17. F AC. FURlHERUlH, lHIS CER11FICA1ION SHALL NOT EX1END TO ANY OlHER flERS()lS OR PARllES 01HER lHAN lHOSE NAUm HEREON AND SHALL NOT BE VAUD AND BINDING AGAINST 1HE UNDERSIGNED SURVEYOR \W1HOlJT 1HE ORIGINAl.. RAISED SEAL AND SIGNATURE OF lHE flORIDA UCENSED SURVEYOR AND MAPPER. 7 29 15 PINEllAS SECllON , , . . . , , TOWNSHIP , , . . . . SOUTH, RANGE , , . , , , EAST, ' , . . , , , . . , . . , , , , COUNlY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY --..L.. N. R/W OF GULF VIEW B<XUVARO APPROXIUAlE W. R/W 1"~'APPROXlMA~ COASTAL"-"-" or GULF VIEW BOULEVARD~' I CONSTRUCTION CONTROL UNE (SCALED FROM TAX MAP) I (SCALED FROM TAX MAP) I I I~ I<'{:. I I-S- /('~ ~ I I I I I CERTIFICATION: I HEREBY CERTIFY TO lHE BEST OF MY KNO\\tEDGE AND BEUEF lHA T lHE LEGAl DESCRIPTION AND SKETCH SHOYM HEREON SUBSTANTIAllY MEETS lHE UINIMUl.llECHNICAL STANDARDS FOR LAND SURVEYING DESCRIBED IN lHE STAlE OF flORIDA RULE 61G17, F.AC. FURlHERMORE, lHlS CERTIFICATION SHALL NOT EXlEND TO ANY OlHER PERSONS OR PARTIES OlHER lHAN lHOSE NAMED HEREON AND SHALl NOT BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SUR\rnlR \\llHOUT lHE ORIGINAL RAISED SEAL AND SIGNA lURE or lHE flORIDA UCENSED SURVEYOR AND MAPPER. / / I LINE DATA UNE BEARING DISTANCE L1 N90'OO'OO"W 16.98' L2 SOS'29'40"W 18.97' L3 N84'30'20"W 6.00' L4 N05'29'40"E 0.58' L5 N41'28'18"W 18.42' L6 S48'31'42"W 12.00' L7 N41'28'18"W 16.00' L8 N48'31'42"E 14.00' L9 S48'31'42"W 10.00' L10 N41'28'18"W 9.00' L11 N48'31'42"E 10.00' L12 N41'28'18"W 8.00' L13 N48'31'42"E 10.00' L14 N48'46'03"E 6.50' L15 S41'00'13"E 25.68' L16 S05'29'40"W 1.03' SHEET 2 OF 3 E-W CL OF SECTION 7-29-15 "' -H-iu1 h II :l5 / i . 15 j. ~ ... I GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137 LDnnnR O-Ouuu o 30 GRAPHIC SCALE 1 inch = 30 ft. LB 1834 I GUlf VIEW BOULEVARD ~-uRiw: (P.at:PG.-;j I I / : I I f / : I!,@'ii' ~ -~~--LH I il!,@~ff{ fJ. I" ~.~.~. ::!i ~ . N.W. CORNER : . U f I ~l~# r el ~~ ~ ~~ 5/' 1.0 I 1.0 ~ _, I _ ~: ~ I ~ \.f ~ :1 ~ (/) (/) IdsT?~L .. 1.- DATE SURVEYED: N A DATE DRAWN: 1-26-2005 X REFERENCE: 040999 GEORGE A, SHIMP II AND ASSOCIATES, INCORPORATED LAND SURVEYORS LAND PLANNERS 3301 DeSOTO BOUlKYAHIJ, SUIt'S D PALl! HARBOR, I'~ORIIM 3-1&83 PHOHS (727) 78-1-5-1911 I'D (727) 78&-/2511 I / .P.O.B. <s- lEt ~/. ; ~ ~ :::>> I en 01 ~ CD :2- ~ I !!Xi I.U/~ s _. ~,~ ~R JOB NUNlBER: 050079 DRAWING FILE: 050079.DWG LAST R~SION: N A 7 29 15 P1NEllAS SECllON . . , . . . , TOWNSHIP . . . , , , SOUTH, RANGE . , . , , . EAST, . , , , , . . , . . , . . . . , COUNlY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY ABBREVIATIONS A = ARC LENGlH A/C = AIR CONDITIONER Af = ALUMINUM FENCE ALUM = ALUMINUM ASPH = ASPHALT BIT = BASE flOOD ELEVA liON BlOG = BUILDING Bl.K = BlOCK BM = BENCH MARK BNDY = BOUNDARY BRG = BEARING B'Itf = BARBED WIRE FENCE C = CALCULATED CB = CHORD BEARING CBS = CONCRETE BlOCK SlRUClURE CHD = CHORD Cl = CENTERUNE ClF = CHAIN UNK FENCE ClOS = ClOSURE COL = COlUMN CONC = CONCRETE CR = COUNTY ROAD CIS = CONCRETE SLAB COR = CORNER COY = COVERED AREA o = DEED DOT = DEPARTMENT or lRANSPORTAllON ORNG = DRAINAGE D/W = DRIVEWAY EL OR ELEV = ELEVAllON EOP = EDGE OF PAVEMENT EOW = EDGE or WATER ESY'T = EASEMENT FCM = FOUND CONalETE MONUMENT ITS = flARED END SECllON RP = FOUND IRON PIPE RR = FOUND IRON ROO Fl = flOW UNE FlD = RElD FND = FOUND FOP = FOUND (PEN PIPE FPC = FlllRlOA POYIER CORP. FPP = FOUND ~CHED PIPE mM = mAME FZI.. = flOOD ZONE UNE GAR = GARAGE G/E = GLASS ENClOSURE HYf" = HOG \\IRE FENCE H.... = HIGH WAlER UNE INV = INVERT LB = LAND SUIM'IlNG BUSINESS LfE = LO\\BT flOOR El.EV LHSM = LOI'lEST HORIZeflTAL SU~11NG MEUBER LS = LAND SUR'eUOR M = MEASURED MAS = MASONRY MES = MITERED END SEClllW MH = MANHOLE MH\\l = MEAN HIQf WATER UNE MSL = MEAN SEA LEVEL N&B = NAIL AND BOTTLE eN' N&D = NAIL AND DISK N&:T = NAIL AND TAB NGVO = NA l1lWAL GEOOElIC \Ul1lCAL DATUM NO = NUMBER OIA = O\UlALl OHW = OVERHEAD \\lRE(S) OR = IJ'FJOAL RECORDS 0/5 = <JFSET P = PLAT PB = PLAT BOOK PC = POINT or alRVE Pee = POINT or cot.lPOUND CURVE PCP = PERMANENT CONK POINT PG = PAGE PK = PARKER KALON PL = PROPERTY UNE POB = POINT OF BEGINNING POC = POINT OF COlAMENCEIlENT POl = POINT ON UNE PP = poe POlE PRC = POINT OF REVERSE aJRVA lURE PRY = PERMANENT REfERENCE II<HJMENT PROP = PROPERTY PSM = PRCfESSlONAL SURVEYOR &: MAPPER PT = POINT Of TANGENCY PW'T = PAVEMENT RAD = RADIUS R = RECORD REF = REFERENCE RES = RESIDENCE Rl = RAIllAL UNE RlS = REGISTERED LAND SURVEYOR RND = ROUND RNG = RANGE RRS = RAll ROAD SPIKE R/W = RIGHT-Of-WAY SClI = SET CONCRETE MONUMENT S/E = SCREENED ENClOSURE SEC = SECllON SET Nctll = SET NAIL AND DISK RLSI 2512 SIR = SET 1/2' IRON ROD RLSI 2512 so = SQUARE SRf = SPUT RAIL FENCE SR = STATE ROAD STY = STORY SUB = SUBDIVISION S/W = SIDEWALK 18 = 'r BAR 1BIl = TEMPORARY BENCH MARK TC = TOP OF CURB T~ = TOP OF BANK TOS = TOE Of SLOPE lRANS = lRANSFORMER '['M) = TO~SHIP TYP = TYPICAL UG = UNDERGROUND UllL = UllUTY M> = woo 'Itf = WOOD FENCE \\IF = v.ROUGHT IRON FENCE \\IT = \\ITNESS l\RF = MRE FENCE WV = WATER VALVE *** ABBREVIATIONS MAY ALSO BE CONCATENATED AS REQUIRED. *** OTHER COMMONLY RECOGNIZED AND lOR ACCEPTED ABBREVlA liONS ARE ALSO UTIUZED BUT NOT SPECIFIED HEREON. SHEET 3 OF 3 JOB NUMBER: 050079 DATE SURVEYED: N/A DRAMNG FILE: 050079.D~ DATE DRAWN: 1-26-2005 LAST RE\1S1ON: N/A X REFERENCE: 040999 ....IIII!!!! GEORGE A. SHIMP n , I. '\ AND ASSOCIATES, INCORPORATED \.- ~ LAND SURVEYORS LAND PLANNERS ~ 3301 DeSOl'O BOUlKYAHIJ, SUIt'S D PALI!lIDUJOH, I'~ORIIM 3-11183 LB 1834 PHOHS (727) 78-1-5-1911 I'D (727) 7811-12511 CERTIFICATION: I HEREBY CERTIFY TO lHE BEST OF I.lY KNO\\tEDGE AND BEUEr lHAT lHE LEGAL DESCRIP~ AND SKETal SHOYIW HEREON SUBSTANTIAlLY t.lEETS 1HE MINIUUl.llECHNlCAL STANDARDS FOR LAND SURVEYING DESCRIBED IN lHE STAlE (J" flORIDA RULE 61G17, F.A.C. FURMIlUOOE, lHlS CERTIFICATION SHALl NOT EXTEtI) TO ANY OlHER PERSONS OR PARTIES ono THAN lHOSE NAMED HEREON AND SHAll NOT BE VAUD AND BINDING AGAINST TIE lHlERSIGNED ~ WITHOUT TIE 0RIGIfAL RAISED SEAl AND SlGNAlURE Of lHE flORIDA UCENSED SURVEYOR AND MAPPER. GEORGE A. SHIMP III, PROFESSIONAl SURVEYOR & MAPPER No. 6137 EXHIBIT I [Intentionally Blank] EXHIBIT J COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: Timothy A. Johnson, Jr., Esquire 911 Chestnut Street Clearwater, Florida 33757 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of , 2004 by K & P Clearwater Estate, LLC, a Florida limited liability company ("Developer") . WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule A attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to tha.t certain Development Agreement dated , 2004 (the "Development Agreement'.), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a multi-use project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00) and other good ami valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer docs hereby agree that, effective as of the date on which Developer receives all permits required bo construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a unified mixed-use project as a single destination resort hotel and Residential Condominium project, 3IS described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of Additional Hotel Units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, .assign, transfer or otherwiSle convey its right in and to the Real Property or any portion or portions thereof to unrelated thircl- parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Residential Units to be constructed as a part of the Project (the "Residential Condominiums") (Od" Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Residential Condominiums or Hotel Units are operated and occupied as part ofthe Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _ day of , 2004. K & P Clearwater Estate, LLC Witness: BY: Dr. Kiran C. Patel as Managing Member ofK & P Holdings, L.C., General Partner of K & P PARTNERS LIMITED PARTNERSH~,AFLORID A LIMITED PARTNERSHIP., Managing Member ofK & P Clearwater Estate, LLC. State of Florida County of Pinellas ) ) The foregoing instrument was acknowledged before me this day of ,2004, by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company, general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the corporation, who is personally known to me or who produced as identification. By: Signature of Notary Public My Commission Expires: Printed, typed o~:stamp EXHIBIT K LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement"), is made and entered into this _day of .2005, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("Licensor"), and K & P Clearwater Estate, llC, a Florida limited liability company ("Licensee"): WITNESSETH: WHEREAS, Licensor is the owner of fee simple title to that property described in Exhibit A ("Licensor's Property"); WHEREAS, Licensee is the owner of fee simple title to that property described in Exhibit B, together with all improvements thereon ("Licensee's Property") and, pursuant to that Development Agreement dated , 2005, between Licensor and Licensee (the "Development Agreement") is the developer of a mixed use resort project on Clearwater Beach including three hundred and fifty (350) hotel rooms and seventy-five (75) Residential Units, together with related parking and accessory uses, as described in the Development Agreement ("Licensee's Resort"); WHEREAS, in conjunction with the construction of Licensee's Resort, Licensee intends to construct an elevated bridge ("Bridge") for beach access between a portion of Licensor's Property located on Clearwater Beach ("Licensor's Parcel 1 ") and that portion of Licensor's Property constituting ground-level public pedestrian space immediately contiguous to the Licensee's Resort ("Licensor's Parcel 2"), as well as access to Licensee's Resort itself, all as shown in Exhibit C; WHEREAS, the Bridge will be dedicated to the public; WHEREAS, the City has determined that it is in the best interests of the residents of the City of Clearwater to allow Licensee to construct, use, maintain and operate the Bridge; WHEREAS, the Licensor is willing to grant a license to Licensee to construct, maintain, use and operate the Bridge for the purposes stated in this Agreement. NOW, THEREFORE IT IS MUTUAllY AGREED, AS FOllOWS: 1. Licenses Granted. (a) Licensor hereby grants to Licensee (1) a non-exclusive license to use the Bridge, (2) an exclusive license to construct, operate and maintain the Bridge on the terms set forth in this Agreement, and (3) an exclusive license to use the air space above those lands owned by the City for construction and maintenance of the Bridge, which , ;."J~ Bridge will pass through that air space between a portion of Licensor's Parcel 1 and Licensor's Parcel 2. (b) Licensee hereby grants to Licensor an exclusive license for support for the Bridge by those sections where the Bridge attaches, adheres to or adjoins Licensee's Resort where depicted on Exhibit D ("Cross-License"). Nothing in this Agreement shall be interpreted as a grant of property to Licensor or Licensee, and no public easement or prescriptive easement shall be created by or in connection with the uses described in this Agreement. 2. Term. The initial term of the License is fifty (50) years, beginning upon commencement of construction of the Bridge (as evidenced by a written instrument executed by Licensor and Licensee), and ending on the same day, fifty (50) years thereafter, unless terminated pursuant to Paragraph 3 of this Agreement 3. TerminatiOn. (a) This License Agreement may be terminated by the Licensor at any time, ninety (90) days after providing Licensee written notice that the Bridge is not being maintained or operated in accordance with the requirements of this Agreement ("Licensor's Notice of Default"). The Licensor's Notice of Default shall specify each and every way in which the Licensee has failed to maintain or operate the Bridge in accordance with the requirements of this Agreement {-Licensee Defaults")i and the Licensee shall have ninety (90) days in which to reasonably cure the Licensee" Defaults. If Licensee cures the valid Licensee Defaults, then Licensor's Notice of Default shall be rendered null and void. (b) Licensee may terminate this Agreement for cause at any time, ninety (90) days after providing Licensor written notice that the Licensor is not in compliance with this Agreement ("Licensee's Notice of Default"). The Licensee's Notice of Default shall specify each and every way in which the Licensor has failed comply with the requirements of this Agreement ("Licensor Defaults"), and the Licensor shall have ninety (90) days in which to reasonably cure the Licensor Defaults. If Licensor cures the valid Licensor Defaults, then Licensee's Notice of Default shall be rendered null and void. In addition, Licensee may terminate this agreement without cause ninety (90) days after providing Licensor written notice of termination. (c) In the event of termination of this Agreement by Licensor for default by Licensee, or by Licensee without cause, Licensee, at Licensee's expense, shall detach and remove the Bridge and shall support the Bridge solely on property owned by Licensor. Such removal must be accomplished in a good and workmanlike manner and must not impair the structural integrity of the Bridge (d) In the event of termination of this Agreement for default by Licensor, Licensor at Licensor's expense, shall detach and remove the Bridge from Licensee's Property and shall promptly restore the portions of Licensee's Property that are affected by such removal in a good and workman like manner to a structurally sound and watertight condition and finished with materials to be consistent in appearance and specifications with the immediately adjacent portions of Licensee's Property. 4. Construction. Use. Operation and Maintenance. a. Construction and Use. Licensee ~hall construct the Bridge in accordance with plans approved by the Licensor, and upon completion, shall dedicate the Bridge to the Licensor. The pedestrian Bridge shall have an elevator on both the east and west sides of the bridge. The elevators shall be accessible from public property. Following completion, except for necessary repairs and maintenance, the Bridge shall be used strictly for pedestrian access to and from that portion of Licensor's Parcel 1 on which the Bridge is located, Licensor's Parcel 2 and Licensee's Resort, provided, however, that nothing in this Agreement shall require Licensee to grant to the general public ingress or other access to Licensee's Resort from the Bridge or otherwise. b. Operation and Maintenance. Licensee shall use reasonable efforts, at Licensee's expense, to operate and maintain the Bridge in structurally sound and reasonably clean condition, free of debris, obstructions, and nuisances, including, without limitation, loud noises and noxious odors, as well as panhandlers, loiterers and business solicitors, but excepting, however, (i) ordinary wear and tear and (ii) damage or destruction as a result of force majeure or other risks where the cost to Licensee of repair or replacement exceeds the amount of insurance or other proceeds received by Licensee-to effect such repair or replacement, and (Hi) modifications to the Bridge voluntarily made, directed or caused by Licensor. In this connection, the Licensee shall have the right, but not the obligation to exclude or remove from the Bridge any persons or items which could interfere with the Licensee's operations and maintenance obligations set forth in this subparagraph (c). The foregoing shall not be interpreted as a limitation upon the Licensor's police powers or its obligations to maintain public safety. 5. Insurance. In connection with the Bridge, the Licensee shall maintain: (a) comprehensive general liability insurance for loss from an accident resulting in bodily injury to or death of persons, where during the first three (3) years of the Term, the Licensee shall maintain coverage with coverage limits of not less than $ in the aggregate and $ per occurrence and a coverage limitation of $ for loss from an accident resulting in damage to or destruction of property. Thereafter, the Licensee or shall increase such coverage limits from time to time throughout the Term of this Agreement, as reasonably determined on an annual basis by the Licensor. The Licensee shall designate the Licensor as an additional insured under such insurance policies and shall promptly deliver to the Licensor certificates evidencing that Licensor has been so designated; and (b) casualty insurance, insuring the Licensor and the Licensee, as their interests may appear, against loss or damage by fire and other risks from time to time included under "all risks" policies, in the amount of the full replacement cost of the improvements that constitute the Bridge as of the Commencement Date and all subsequent alterations, additions, decorations, and improvements to the Bridge and any and all furniture, fixtures and equipment located therein or thereon. 6. Hours of Operation. The Bridge shall be open at normal periods of beach use by the general public at Clearwater Beach, Additionally, any time the Bridge is open to Licensee's patrons or guests, it shall be open to the public. 7. Use of the Bridqe. The Bridge shall be used for pedestrian access to and from the beach from the east side of the Relocated South Gulfview. Licensee hereby covenants and agrees to make no unlawful, improper, or offensive use of the Bridge. 8. Assiqnment. The Licensee shall be permitted to convey, assign, or transfer this Agreement, in whole or in part on the same basis as the Licensee is permitted to convey, assign or transfer the Licensee's rights under the Development Agreement. 9. Destruction of Facility. In the event that the Bridge is destroyed by whatever means, neither Licensor nor Licensee shall be required to rebuild the Bridge. If Licensee elects to rebuild, the Bridge shall be rebuilt in accordance with the original plans and specifications. In the event that the Licensee does not elect to rebuild the Bridge, this License this Agreement shall terminate, 11. Incorporation. All of the recitals set forth in and all exhibits and schedules attached to this Agreement are hereby incorporated into and made part of this Agreement by this reference. THE CITY FLORIDA OF CLEARWATER, FLORIDA Attest: By: By: City Clerk Mayor Approved as to form: Pamela K. Akin City Attorney State of Florida ) County of Pinellas ) The foregoing instrument was acknowledged before me this 2005. by , Mayor and Clearwater, Florida, on behalf of the City. day of and City Clerk, respectively, for the City of By Signature of Notary Public . My Commission Expires:. Printed, typed or stamp K & P Clearwater Estate, LLC Attest: By: Print Name: By: K & P Partners Limited Partnership, a Florida limited partnership By: K & P Holding, L.C., a Florida limited liability company, its its general partner Print Title: By: Managing Member Its Managing Member State of Florida ) County of Pinellas ) The foregoing instrument was acknowledged before me this day of , , 2005, by Kiran C. Patel as Managing Member of K & P Holding, L.C., a Florida limited liability company, general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the corporation, who is personally known to me or who produced as identification. By: Signature of Notary Public My Commission Expires': Printed, typed or stamp EXHIBIT A LICENSOR'S PROPERTY Licensor's Property consists ofthe following: 1. Licensor's Parcell [the area in which the western (beach side) landing of the Bridge will be located] 2. Licensor's Parcel 2 [the area encompassing the eastern (land side landing) of the Bridge] 3. The land, including, without limitation, air rights and subsurface rights, between that portion of Licensor's Parcell on which the Bridge is located and Licensor's Parcel 2.. '.:~ ~ <' EXHIBIT B LICENSEE'S PROPERTY . ,,'; ~~;'" , ~ ~ .,: " :-~;-y ." c. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion ofthe lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands; d. Any agreements between the parties that are part of this contract; and e. Any standard exceptions not previously mentioned which are not capable of deletion. 9. Survey. As a condition of the real property exchange closings described herein, a registered Florida land surveyor shall survey each ofthe parcels. The costs thereof shall be borne by the Owner as to both Parcel 1 and Parcel 2. 10. Closinl!s and Possession. The real property exchange closings described in this Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in possession of that parcel transferred to said transferee. 11. Property Taxes. To the extent any property taxes are assessed, all property taxes shall be prorated at closing to reflect ownership of the respective parcels as ofthe closing date. 12. Closinl! Costs. The Owner shall pay the following closing costs and expenses in connection with the closing: a. All documentary stamps in connection with the conveyance of the property; b. The premium and all search fees payable for the owner's policies of title insurance for both parties; c. Recording fees in connection with those instruments necessary to render title acceptable to the Purchaser; and d. Owner's costs of document preparation and its attorneys' fees. The City shall pay its costs of document preparation and its attorneys' fees. 14. Risk of Loss. The risk of loss or damage to the parcel to be conveyed by fire or otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the parcel to be conveyed and to deliver said parcel to the Purchaser in the same condition as when the contract was executed, ordinary wear and tear excepted. 15. Assil!nabilitv. This contract may be assigned in the same manner as allowed in the Development Agreement. 6. ClosiDl! Date, The real property exchange transaction described in this contract shall be closed and the deeds and other closing papers delivered following the effective date ofthe vacating ordinance for Parcell and within ten (10) days following the issuance ofthe first building permit for the Proj ect as defined in the Development Agreement. 7. Title Evidence, As a condition of closing, the Owner shall order and provide at its own expense a commitment for title insurance in the amount ofthe appraised value of Parcel I as determined by a duly licensed independent appraiser, which commitment shall show a marketable fee simple title in the name of the City as to Parcel I subject to only Permitted Exceptions (defined below). The Owner shall have ten (10) days after delivery of said commitment for the examination thereof, and within said period shall notify the City in writing of any objections to said title. Ifthis notification is not given within said time period, then said title shall be conclusively deemed to be acceptable to the Owner. In the event that the title to Parcell is not good and marketable or is subject to other than Permitted Exceptions, the City shall have ten (10) days thereafter to perfect the title. If the defects are not cured within such time, then the Owner may cancel this contract or waive the defects and accept the property without deduction on account of said defects. An owner's title insurance policy shall be issued insuring Owner as the owner of Parcel I within a reasonable period of time following closing. Also as a condition of closing, the Owner shall order and provide at its own expense a commitment for title insurance in the amount ofthe value of Parcel 2 as determined by a duly licensed independent appraiser, which commitment shall show a marketable fee simple title in the name ofthe Owner as to Parcel 2 subj ect to Permitted Exceptions. The City shall have ten (10) days after delivery of said commitment for the examination thereof, and within said period shall notify the Owner in writing of any objections to said title. If this notification is not given within said time period, then said title shall be conclusively deemed to be acceptable to the City. In the event that the titie to Parcel I is not good and marketable or subject to other than Permitted Exceptions, the Owner shall have ten (10) days thereafter to perfect the title. If the defects are not cured within such time, then the City may cancel this contract or waive the defects and accept the property without deduction on account of said defects. An owner's title insurance policy insuring the City as owner of Parcel 2 will be issued to the City within a reasonable period oftime after closing. The owner's title insurance policy naming the City as owner shall be underwritten by a title insurance company reasonably acceptable to the City. 8. Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character other than the following permitted exceptions: a. Zoning ordinances and land use regulations; b. Any easements, restrictions, or other matters that appear in the commitment and/or survey (excluding standard exceptions) which are not objectionable exceptions; EXHIBIT L LAND EXCHANGE AGREEMENT CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS CONTRACT is made and entered into as of the day of , 2004, by and between the CITY OF CLEARWATER, FLORIDA, a municipality, hereinafterreferred to as the "City," andK &P CLEARW ATERESTATE, LLC, a Florida limited liability company (the "Owner") for thtfexchange of properties in Clearwater, Florida, as described herein. The parties hereto agree as follows: 1. E:lchanee of Property. The City shall convey to the Owner title to certain real property referred to as "Parcell" which is described in Exhibit A to this contract. The Owner shall convey to the City title to certain real property referred to as "Parcel 2" which is described in Exhibit B to this contract. The conveyance of Parcel 1 shall constitute full consideration for the conveyance of Parcel 2. The' conveyance of Parcel 2 shall constitute full consideration for the conveyance of Parcell. . 2. Definitions. In this contract, "Seller" shall mean the City with respect to Parcell and the Owner with respect to Parcel 2. "Purchaser" shall mean the Owner with respect to Parcel 1 and the City with respect to Parcel 2. These terms are used for convenience and do not imply the payment of any compensation other than conveyance of real property in exchange for real property. 3. Lceal Descriptions. Legal descriptions of the properties being exchanged between the parties are as follows: a. Parcel 1 - See Exhibit A attached; b. Parcel 2 - See Exhibit B attached. 4. Purchase Price, It is mutually agreed that the transfer of Parcel 1 by the City to the Owner and the transfer of Parcel 2 by the Owner to the City shall constitute the full and sufficient consideration for the exchange of the parcels. 5. Contineencies, The exchange proposed in this contract shall be contingent upon (1) the final approval by the governing council of the City (the "Council") of a development agreement which governs the proposed redevelopment (the "Development Agreement"), (2) the City's issuance of a vacating ordinance for Parcell, and (3) the issuance ofthe first foundation permit for the Project to the Owner pursuant to Development Agreement. Ii .~ H ~-,- I I C . \ ~._--- '\ - - - N- \r- , ~, V\qO ~. "'~I,- d.sil -...., i =~~ *... '-I~I I'>.~' _-c '., g ~ ~ ! ~ '-~i~. ~.i~:: "'JUO ~~!':~ . "q:~", o .dil 1$] o~:: f5 J -Sill. e.... ~ E: ~~ f ~S~Ct J ii\ \ I .o!/I .\;" I. '.....,..~.... D.. \.J........I{'..... n.,r (f."-,..'.'.". "''''-~ f~, LV.'~ _ ;~~.(., ... 0/.~~ ' I ~ ~ U /' ,'iI> " \\....'lI ~ "'i .. i j )-. · r1 %'1-"0'. t. '.. .. ..... '\. .. \.. . ~ j !!l I "'i .:. E-l Z ~ ril ~ t9 F:t: ril Ul Z ril U H ...:l o E-l u E-l H ~ H ::r: ~ ril EXHIDIT C DEPICTION OF BRIDGE LESS AND EXCEPT: LEGAL DESCRIPTION PARCEL 'c' The easterly 18 feet of Lot 93; TOGETHER WITH the westerly 1 -foot of the right of way of Coronado Drive abutting Lot 93, LLOYD-WHITE-Sf-(INNER SUBDIVISION as recorded in Plat Book 13. page 12, public records of Pinellas County, Florida; TOGETHER WITH the westerly 1 foo.t of the platted right of. way of Gulfview Boulevard as shown on the plat of CITY PARK SUBDIVISION as recorded in Plat Book 23, page J7, public records of Pinellas County, Florida, and being further described in in O.R. Book 770, page 40, public records of Pine lias County, Florida; TOGETHER WITH a portion of Lot 1, Block A, COLUMBIA SUBDIVISION as recorded in Plat Book 23, page 60, public records of Pinel/as County, Florida, all of the above being further described os follows: Beginning at the southeast corner of Lot 93, LLOYD-WHITE-SKINNER SUBDIVISION, thence N84'27'30~'W along the southerly boundary of Lot 93 a distance of 18.00 feet; thence N05"32'30"E along a line 18 feet westerly (rom and parallel with the platted right of way line of Coronado Drive (0 60 foot right of way) os shown on the plot of LLOYD-WHITE-SKINNER SUBDIVISION 0 distance of 135.05 feet; thence 5.24 feet along the arc of. a curve to the left having a radius of 40.00 feet, and a chord bearing N01"47'28"E, 5.23 feet to a point of intersection with the southerly right of way line of Gulfyiew Boulevard as described in O.R. Book 770, page 40, public records of Pinel/as County, Florida; thence easterly and southerly along said right of way line for the following four (4) courses: 1) 35.53 feet along the arc of a non-tangent curve to the right having a radius of 28.66 feet, and a chord bearing S29'58'20"E, 33.30 feet; 2) SOS" 32 '30"W, 2.63 feet to the southerly boundary of CITY PARK SUBDIVISION; 3) S05'.32'30"W, 110.54 feet; 4) N84'27'30"W, 1 .00 feet to the POINT OF BEGINNING. Containing 2,524:f: square feet, or D.OS8:f: acres. LEGAL DESCRIPTION PARCEL '0' t f L ts 97. 98 99, 100, and 101; The. easterly Il~H8'~h:e:ds~erl. 0 18.0 'feet' of Lot 102 LESS the southerly TOGETHf ERLL~YD-WHITE-SKIJNER SUBDIVISION as recorded in Plat Book thereo , . FI'd public records of Pinellas County, on a. CONTAINING 5,670:f: SQUARE FEET, OR O. 1 JO:f: ACRES. 30.0 feet 13, page 12, LEGAL DESCRIPTION PARCEL '[' The southerly _ 20.0 fee~60f LJl 1 ~~; LESS The southerly 20.0 feet thereof; TOGETHER WI1H Lots th a~ 300 feet of Lot 102, LLOYO-WHITE-SKINN.ER TOGETHER WITH the sou. ~r yp. It' 8 k 13 page 12 public records of Plnellas SUBDIVISION as recorded In a 00 '. ' County, Florida. ACRES CONTAINING 12,600:i: SQUARE FEET, OR 0.289:f: .. . T"l__......., .c..... TOGETHER WITH: LEGAL DESCRIPTlON -'- A PAReR Of LAND BEING A PART or GULF ~EW BOUlEVARD, AS DEPICTED ON THE PLAT or COlUMBIA SUBDI~SlON, ACCORDING TO mE PlAT mEREOf, AS RECORDED IN PlAT BOOK 23, PAGE 60, Of THE PUBUC RECORDS or PINfllAS COUNTY, FLORIDA, AND B8NGA PART Of SAID GUlF ~EW BOUlEVARD AND ARST AVENUE, AS DEPICTID ON THE PlAT or LlO)t)-YfiITE-SKINNER SUBDMSlON, ACCORDING TO PlAT lHEREa:, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, Of 1HE PUBUC RECORDS Of PINlliAS COUNTY, flORIDA, ALl lYING IN mE EAST 1/2 Of SECTION 7, TO~Sl-lIP 29 soum, RANGE 15 EAST, AND 1HE YtEST 1/2 Of SECTION 8, TO'MlSHIP 29 SOUTH, RANGE. 15 EAST, PINEIlAS COUNTY, flORIDA, BEING MORE P ARTICULARl Y OEsmlBED AS FOllOWS: BEGINNING AT 1HE NORm\\BT CORNER OF LOT 44, OF SAID LlOYD-WHlTE-SKlNNER SUBDMSlON; THENCE 5.05'32'3O"W. AlONG mE EAST RIGHT-OF-WAY Of GULF VIEW BOULEVARD, A DISTANCE. Of 90.06 FEET; THENCE 5.84'2130"E. AlONG THE NORm RIGHT-Of-WAY or F1RST A\fNUE. A DISTANCE or 192.00 FEET; THENCE S.05'32'3O"W" A DISTANCE OF 59.91 rEET; THENCE N.8419'08.W. AlONG THE SOUlH RIGHT-or-WAY Of SAID ARST A\{NUE, A DISTANCE or 19200 FEET; lHENCE S,05",l4'08"W. AlONG AFORESAID EAST RIGHT-Of-WAY Of GUlf VIEW BOOlEVARD, A DISTANCE OF 154,95 FEET; THENCES.05'31'21"W, AlONG SAID EAST RlGHT..,.(J"-WAY Of GULF VIEW BOUlEVARD, A DISTANCE Of 160,05 FEET; THENCE N.84"213O"W" A DISTANCE or 34.98 FEET; lHENCE N,05'32'30"E. AlONG mE CENTERUNE or SAID GUlf VIEW BOUlEVARD, A DISTANCE or 456.33 FEET; lHENCE S.41'28'18"E., A DISTANCE Of 16.55 fEET; THa4CE 5.05'29'4O"W" A DISTANCE a: 0.58 FEET; lHENCE 5.64'30'20"E., A DISTANCE OF 6,00 FEET; lHENCE N.05'29'4O"E., A DISTANCE Of 18.97 FEET; mENCE CONTINUE N.05'29'4O"[., A DISTANCE or 1.03 fEET; THENCE N.41'OO'13"W" A DISTANCE OF 17,95 FEET; lHENCE NA8'31'3rE., A DISTANCE Of 14.15 FEET; THENCE N,90'00'oo.E., A DISTANCE Of 34,32 FEET TO A POINT (J" Naf-TANGENT CUR'vr; mENCE soum\\BTERlY AlONG AFORESAID EAST RIGHT-Of-WAY Of GULF ~EW BOULEVARD, DG A CUR~ TO THE LEFT HAVING A RADIUS OF 34,00 FEET, AN ARC Of 26,87 FEET, A CHORO or 26.18 FEET AND A CHORD BEARING Of S.2611'29"W.; THENCE S.05'32'3O"W. AlONG SAID EAST RlGHT~Of-WAY Of GUlF ~EW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'OO'oo.W. AlONG THE NORlH BOUNDARY Of AFORESAI> lOT 44, A DISTANCE Of 3.62 FEET TO lHE POINT Of BEGINNING. CONTAINING 28,198.76 SQUARE FEET OR 0.6474 ACRES, M~ OR LEss. LEGAL DESCRIPllON A PARCfl. Of LAND BEING A PART Of GUlf \1EW EKllEVARD, AS DEPICTED ON lHE PLAT OF ca.UUBIA SUllOl\tSlat ACCORDING TO lHE PLAT mEREOF, AS RECOROfD IN PlAT BOOK 23, PAGE 60, Of 1HE PUBUC RECOOOS OF PINEllAS COUNTY, flORIDA. LYING IN THE EAST 1/2 Of SECllON 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND lHE YtEST 1/2 OF SECTKN a. TO\'mSHIP 29 SOUlH, RANGE 15 EAST, PINEll.AS COUNTY, FLORIDA, Il8NG MORE PARltCllARLY DESCRIBED AS FOllOWS: COLfUENaNG. AT lHE NORmWEST CORNER:or LOT <<, (f" LlOYD-'MfITE-SKlNNER SUBOl\1S1ON ACCORDING TO. THE PlAT THEREOF, AS RECORDED IN PlAT BOOK 13, PA~ 12 AND 13, Of iHE PUBUC RECORDS Of PINatAS COUNTY, flORIDA; 1HENCE N,90"OO'OltE. AlONG lHE NORlH BOONDARY Of SAID LOT 44, A DISTANCE Of 182 FEET; lHEHCE N.05'32'JO"E. AlONG THE EASTERlY R1GHT;...or-WA Y or AFORESAID GUlF VIEW BOOlIVARD, ADlSTAHCE Of 0.86 FEET TO A POINT Of CUR'tr; THENCE NORTHEASTERlY ALONG SAID EASTERlY RIGHT-OF-WAY or GUlF VIEW BOULEVARD BEING A CUR~ TO 1HE RIGHT HAVING A RADIUS or 34.00 fIET, AN ARC Of 26.87 FEET, A CHORD Of 26,18 FEET AND A CHORD BEARING Of N,2811'29.E. TO 1HE POINT OF BEGINNING; THENCE N.90'OO'OO"W..- A DISTANCE Of 29.08 FEET TO A POINT Of NON-TANGENT CUR\{; THEN<1: NORTHEASTERLY AlONG A CURVE TO THE RlGHTHAVlNG A RADIUS Of 112.00 FEET, AN ARC Of 102.51 FEET, A CHORD OF 98.97 FEET AND A CHORO.BEARlNG Of N.63'52'46"E.; lHENCE$.89'54'oo.E., A DISTANCE Of 79.18 FEET TO A" POINT OF CUR'vr; .lHENCE SOUlHEASTERl Y AlONG A CURVE TO mE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC Of 61.30 rEET, A CHORD or 55.47 FEET AND A CHORD BEARING Of 5.45'59'54"E TO A POINT Or NON-TANGENT CURvt; THENCE WESTERLY AlONG THE SOUlHERLY RIGHT-OF-WAY OF AFORESAID GULF \1EW BOULEVARD, BEING A CURVE TO THE lEFT HAVING A RADIUS OF 28.66 FEET, AN ARC or 11.98 FEET, A CHORD Of 11.89 FEET AND A CHORD BEARING Of N.7755'43"W.; THENCE N,69'54'oo"W. AlONG SAID SOUTHERlY RIGHT-OF-WAY or GULF ~EW BOULEVARD, A DISTANCE Of 145.71 FEET TO A POINT OF CUR~; THENCE WESTERLY ALONG SAID SOUlHERlY RIGHT-OF-WAY or GULF VIEW BOUlEVARD BEING A CUR~ TO 1HE lEIT HAVING A RADIUS or 34.00 FEET, AN ARC Of 23.30 FEET, A CHORD or 22.84 FIET AND A CHORD .BEARING or S.70'2147"W. TO THE POINT or BEGINNING. CONTAINING 6,256.56 SQUARE FIET OR 0.1436 ACRES, MORE OR LESS. Parcell: Lot ~. B1Qq).; !lp." r COLtlM13!ASUDDIVIS:rON, according to plat tlierec,f recorded in pled;. Book 23.Po;9ft 60, Public Records of Pirudla.s: Gounty,FlOTjria,togothorNith th~ v...col$d southerly 1 foot of Gu1f',n.eti ~f;'l,\lovfl;;t"d ad;loceot t.o ~a.id Lot 1, and thu VaC6.tod HGlstQl'ly 1 fcot of Coronado nriv~ ~dj ~c~nt to" ::a;id ):,<:)1: i, !;laid vaaat:l!d p~,.t.ion1J baing shown by Rc~olution fUl,td Novu:tlbel' 2'1. 1959, in O.R. Dook 757. Pa99 40,pub1.ic Rec:crd9 of PineUas Co~ptt, P16~id&, 4nd also Lots 44, 45, 45. 47. 90, 91, 9~, 93. 94 95,96, and 91, 'I'fi~LLO'iD..WaITE..SKINNER SUBDIVISION, acr:Qrding to ph.t thunilo! r9coru.od ihPl.-<lt: Book 13 , !?al(1os 12 and 1:}, Public Rccord:l of Pinel1i!1:S C?un'~i' ,Fl01 ida. b:;lj'&thel" N i th thA \Pl!lOIl. tQl;J WesterI)' 1, aG feet 'Of Co:r:onad'J Or;!v.;! c.djat:ent te, Sl\;r.1 t.,nt 93. Pm"celll: Lots 49, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, aocording to the map or plat thereof as t'\X'ccorded in plat 'Book 13, Page 12, Public Ret.~ord1!l of Pinellas County, Florida. I'm'cel n I : Lot 55, North ~lO feet of Lot 56, South. 20 feet of Lot lOl,alJ. ()f L~.)t J 02, ~ltldthe Horth 30 fee~ of. Lot 103, IJLOYD..i'HIITE- SlGr.'lc{t;R SUBnJ. Vi~lUN I according to the map or plat thereot as recorded itl Plat Boo):: 13, paf}es 12 and 13, public recc:r.-clH of Pinellu9 County r Florida.. Lots S3, S4, 99, 100 <lnd tlm Nor\:herJ.y .10 J:t!0t ot: VOL lO.t, I.,1.oYf)-I'IHITE..SKINNIW SUBDIVISION. according to the map or phlt. t;b..:r(.,!of 210 recorded in t'1~t Boolt 13, P~9Elf} J.?~mdl ~, puh1. j.t: rc'C":",0, ("f PjoeJ.JI':J C'{1!)nty, y.')or,(lfi. EXHIBIT B Page 1 of 3 16. No Brokers. Each party affirmatively represents to the other party that no brokers have been involved in this transaction and that no broker is entitled to payment of a real estate commission because of this transaction. 17. Notices. All notices which are required or permitted hereunder must be in writing and shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack of actual receipt by the addressee): (i) three (3) business days after having been deposited in the United States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid; or (ii) one (1) business day after having been deposited with an expedited, overnight courier service (such as by way of example but not limitation, U.S. Express Mail or Federal Express), addressed to the party to whom notice is intended to be given at the address set forth below with all delivery fees prepaid: As to Owner: K & P Clearwater Estate Attn: Dr. Kiran C. Patel 5600 Mariner, Suite 200 Tampa, Florida 33609 With a copy to: Timothy A. Johnson, Jr., Esq. 911 Chestnut Street Clearwater, FL 33757 As to City: William B. Home II City Manager City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 With a copy to: Pamela K. Akin City Attorney Post Office Box 4748 Clearwater, FL 33758-4748 Any party may change the address to which its notices are sent by giving the other party written notice of any such change in the manner provided in this paragraph, but notice of change of address is effective only upon receipt. 18. Entire Contract. This contract and the exhibits referenced herein embodies and constitutes the entire understanding among the parties with respect to the real property exchange transaction contemplated herein and all prior or contemporaneous agreements, understanding, representations and statements, oral or written, are merged into this contract. Neither this contract nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 19. of Florida. Applicable Law. This contract is construed in accordance with the laws ofthe State 20. Headinl!s. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this contract. 21. Bindinl! Effect. This contract shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, personal representatives and successors by law. 22. Interpretation. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and neuter and vice versa. This contract and any related instruments shall not be construed more strictly against one party than against the other by virtue of the fact that initial drafts were made and prepared by counsel for one of the parties, it being recognized that this contract and any related instruments are the product of extensive negotiations between the parties and that both parties have contributed substantially and materially to the final preparation of this contract and all related instruments. 24. Other Al!reements. No prior or present agreements or representations shall be binding upon either party unless included in this contract or in the Development Agreement. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby. 25. No Partnership, Etc.. Nothing in this contract shall be construed to constitute the creation of a partnership or joint venture between the parties. 26. Counterparts, This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. Countersigned: Brian 1. Aungst Mayor-Commissioner Approved as to form: Pamela K. Akin City Attorney Witness: CITY: CITY OF CLEARWATER, FLORIDA By: William B. Home, II City Manager Attest: Cynthia E. Goudeau City Clerk OWNER: K & P Clearwater Estate, LLC BY: Dr, Kiran C. Patel as Managing Member ofK & P Holdings, L.C., General Partner of K & P PARTNERS LIMITED PARTNERSHIP, A FLORID A LIMITED PARTNERSHIP, Managing Member of K & P Clearwater Estate, LLC. ECllO 7 & 8 ~ WNSH 29 OUTH 15 PINELLAS S N , , , . , . ,.0 IP . , . . , . S , RANGE. , -. , , , EAST, . , . . , , , , , , , . , . . . COUNlY, FLORIDA LEGAL DESCRIPTION. and SKETCH THIS IS NOT A SURVEY LEGAL DESCRIPTION - (PARCEL 1) A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINEllAS COUNTY, FLORIDA, LYING IN THE EAST 1/2 OF SECllON 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE ~ST 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINlliAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH~ST CORNER OF LOT 44, OF LLOYD-YfHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINEllAS COUNTY, FLORIDA; THENCE N.90'OQ'OO"E. ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N,05'32'30"E. ALONG THE EASTERLY RIGHT-Of-WAY OF AFORESAID GUlf VIEW BOULEVARD, A DISTANCE OF 0,88 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD Of 26,18 FEET AND A CHORD BEARING OF N.2811'29"E. TO THE POINT OF BEGINNING; THENCE N,90"OO'oo.W" A DISTANCE OF 29,08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102,51 FEET, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63'52'46"E,; THENCE 5.89'54'oo"E" A DISTANCE Of 79,18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET, A CHORD OF 55.47 FEET AND A CHORD BEARING OF S,45'59'54"E. TO A POINT OF NON-TANGENT CURVE; THENCE ~STERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28,66 FEET, AN ARC Of 11.98 FEET, A CHORD OF 11,89 FEET AND A CHORD BEARING OF N.n'55'43"W.; THENCE N,89.54'OO.W, ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE ~STERLY ALONG SAID SOUTHERLY RIGHT-or-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34,00 FEET, AN ARC OF 23,30 FEET, A CHORD OF 22,84 FEET AND A CHORD BEARING OF S,70'27'47"W. TO THE POINT OF BEGINNING. CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS. PREPARED FOR K & P CLEARWATER ESTATES, LLC CERTIFICATION: I HEREBY CERTIFY TO lHE BEST OF MY KNO\\tEDGE AND BEUEF lHAT mE LEGAl DESCRIPTION AND SKETCH SHOWN HEREON SUBSTANTIAllY I.lEETS lHE I.lINIMUl.llECHNICAL STANDARDS FOR LAND SURVEYING DESCRIBED IN lHE STAlE OF flORIDA RULE 61G17, F.A.C. FURlHERMORE, lHlS CERTIFICATION SHALL NOT EXlEND TO ANY OlHER PERSONS OR PARTIES OlHER lHAN lHOSE NAMED HEREON AND SHALl NOT BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SUR\rnlR \\IlHOUT lHE ORIGINAL RAISED SEAL AND SlGNAlURE OF lHE flORIDA UCENSED SURVEYOR AND MAPPER. GEORGE A. SHIMP II, FLORIDA REGISTERED LAND SURVEYOR No. 2512 SHEET 1 OF 3 JOB NUMBER: 050088 DATE SURVEYED: N/A DRAWING FILE: OSO088B,DWG DATE DRAWN: 1-31-2005 LAST REVISION: N/A X REFERENCE: 050079 ...... GEORGE A. SHIMP II r 1= = '\ AND ASSOCIATES, INCORPORATED \.1- J LAND SURVEYORS LAND PLANNERS ~.... 3301 DeS07'O BOUlKYAHIJ, SUIt'S D PALl! HAI/lIOR, I'~ORIDA 3-1&83 LB 1834 PHOHS (727) 78-1-0-1911 I'D (727) 7811-f2oG' EXHIBIT HA 1.1 TO LAND EXCHANGE AGREEMENT Page 1 of 3 7 & 8 29 15 PINELlAS SECllON . . , , . , , TOWNSHIP , . , . . . SOUTH, RANGE . , , , , , EAST, ' , , , , , . , . . . , , . . , COUNlY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY LrnnnR uuwu o 50 GRAPHIC SCALE 1 inch = 50 ft. 1 __~LFVlEWB~LEVARD(7~'R/VI) ------{. ., 589'54'oo"E 79.18' ~ , IS. R/W UNE l.D' VACAlED R/W '\ N89'54'oo"W 145.71' , 1 LOT 1, BLOO< "A", COLUMBIA +- }-I . SUBDIVISION (P.B. 23, PG. 60) ill U r1 ~~:r I ~~i~..~ I .. /I ui : i ~ I << II ~ I ~ / 41 I 00 /91 I ~ / ~ /I g I I I I J N. R/Ir,IM ') I ;;: I ;;: - --11 ~ ---_;L~;b__~ ARSTA~(6O'R/W) I ~ ~ ------------j , I CURVE CHORD BEARING Cl N2811'29DE UNE BEARING DISTANCE C2 N63'52' 46DE L1 N90"OO'OO"[ 3.82' C3 S45'59'54"[ L2 N05'32'30"E 0.88' C4 N7755' 43"W L3 N90'OQ'OO"W 29.08' CS S70'27'47"W SHEET 2 OF 3 CER1IFICATIOl: I HEREBY CERTIFY TO 'DE BEST (J" MY KNOYUDGE AND BElIF lHAT THE LEGAl DESCRlPTKIf AND SKETat ~ 1ERE0N SUBSTANTIAllY MEE1S lHE IlINIMUM lECHNICAl STANDARDS FOO lAND SlJIM'/ING DESmIllED IN lHE STAlE (J" flORIDA RUlE 61G17, F.AC. FURllERMalE, TtlS CER1IFICATION SHALL NOT EX1END TO ANY OTHER PERSONS OR PARlIES OlHER 11lAN 1HOSE NAMED HEREON AND SHALL NOT BE VAW AND BINDING AGAINST THE UNIIERSIGNED UVEYIR \WTHOUT THE ORIGINAl RAISED SEAl AND S1GNA1URE OF 'DE FlORIDA UCENSED SURVEYlm AND MAPPER. DATE SURVEYED: N A DATE DRAWN: 1-31-2005 X REFERENCE: 050079 GEORGE A" SH/JIP n AND ASSOCIATES, INCORPORATED LAND SURVEYORS LAND PLANNERS 3301 DeSOJ'O BOUUYDUJ, suns D P.alI HARBOR, I'lORIIM 3-1883 GEORGE A. SHIMP II, FLORIDA REGISTERED lAND SURVEYOR No. 2512 LB 1834 PHONS (727) 78-1-5#J& I'D (727) 7811-/2511 EXHIBIT "A" TO LAND EXCHANGE AGREEMENT Page 2 of 3 7 & 8 29 15 PINELLAS SECllON , , , . , . , TOWNSHIP . . , . . . SOUTH, RANGE , , . , . , EAST, . , , . . , , . . . , ,. , . , COUNlY, FLORIDA LEGAL DESCRIPOON and SKETCH THIS IS NOT A SURVEY ABBREVIATIONS A = ARCLENGlH A/C = AIR CONDITIONER AF = AulMlNUM FENCE ALUM = ALUMINUM ASPH = ASPHALT BFE = BASE. flOOD ELEVAnON BLDG = BUIUlING 8IJ( = BlOCK 8M = BENCH MARK BNDY = BOUNDARY BRG = BEARING BI\f = BARBED WIRE FENCE C = CALCULATED CB = CHORD BEARING CBS = CONCRElE BLOCK SlRUCTURE CHD = CHORD Cl = CENTERUNE elf = CHAIN UNK FENCE ClOS = CLOSURE COl = COLUMN CONC = CONCRElE CR = COUNTY ROAD ciS = CONCRElE SlAB COR = CORNER COY = CO\mED AREA o = DEED DOT = DEPARTMENT OF lRANSPORT AnON DRNG = DRAINAGE D/W = DRIVEWAY EL OR ELEV = ELEVA nON EOP = EDGE OF PAVEMENT EOW = EDGE OF WATER ESM'T = EASEMENT FCM = FOUND CONCRETE MONUMENT FES = FlARED END SECllON FlP = FOUND IRON PIPE FIR = FOUND IRON ROD Fl = flOW UNE FlD = FIELD FND = FOUND FOP = FOUND OPEN PIPE FPC = flORIDA poe CORP. FPP = FOUND PINCHED PIPE FRM = FRANE FZL = flOOD ZONE UNE GAR = GARAGE G/E = GLASS ENClOSURE HI'tf = HOG WIRE FENCE HI'ol = HIGH WATER UNE INV = INVERT LB = LAND SURVE't1NG BUSINESS LFE = LO'hf:ST flOOR El.EV UlSM = LOI\t:ST HallZONT AL SUPPORllNG MEMBER LS = LAND SURVEYOR M = MEASURED MAS = MASONRY MES = MITERED END SECTION MH = MANHOLE MHI'ol = MEAN HIGH WATER UNE MSl. = MEAN SEA LEVEl. N&B = NAIL AND Born CAP N&D = NAIL AND DISK N&T = NAIL AND TAB NGVD = NAllONAL GEODEllC VERnCAl DATUM NO = NUMBER OIA = OVERALl OHW = OVERHEAD WlRE(S) OR = OFFICIAL RECORDS o IS = OFFSET P = PLAT PB = PLAT BOOK PC = POINT OF CURVE PCC = POINT OF COMPOUND CURVE PCP = PERMANENT CONlROl POINT PG = PAGE PK = PARKER KALON PL = PROPERTY UNE POB = POINT OF BEGINNING POC = POINT Of COMMENCEMENT POI. = POINT ON UNE PP = PO'AER POLE PRC = POINT OF REVERSE CURVATURE PRM = PERMANENT REFERENCE M<HJMENT PROP = PROPERTY PSM = PROFESSIONAL SURVEYOR & MAPPER PT = POINT OF TANGENCY PI/IA'T = PAVEllENT RAD = RADIUS R = RECORD REF = REFERENCE RES = RESIDENt{ RL = RADIAL I..IIIE RlS = REGlSTEAEO LAND SURVEYOR RND = ROUND RNG = RANGE RRS = RAIL RO<<l SPIKE R/W = RlGHT-(F-WAY SCII = SET CONI:RETE MONUMENT S/E = SCREENEID ENClOSURE SEC = SEcnON SET N&D = SET NAIL AND DISK RLS, 2512 SIR = SET l/'l'IRON ROD RlS' 2512 so = SQUARE SRF = SPUT RAIl. FENCE SR = STATE ROAD STY = STORY SUB = SUBDI\1gj()N S!W = SlDEWAIJI TB = 'f BAR TBM = TEMPORIlRY BENCH MARK TC = TOP OF CllRB TOB = TOP OF 8ANK TOS = TOE OF S.OPE lRANS = lRAtS"ORMER 1YIP = TOYl-lSHlP TYP = T'lPICAL UG = UNDERGRCXJND U11l = UllUTY \\{) = WOOD I'tf = wooo FENICE WlF = \\ROUGHT dRON FENCE \\IT = \\ITNESS \\RF = WIRE FENICE 'NY = WATER VALVE *** ABBREVIATIONS MAY ALSO BE CONCA TENA TED AS REQUIRED. *** OlHER COMMONLY RECOGNIZED AND/OR ACCEPTED ABBREVlAllONS ARE ALSO UllUZED BUT NOT SPECIFIED HEREON. DAlE SURVEYED: N/A DAlE DRAWN: 1-31-2005 X REFERENCE: 050079 - GEORGE A, SH/J/P II {,_ "AND ASSOCIATES, INCORPORATED ~'- ~ LAND SURVEYOHS LAND PLANNERS :.;. 3301 DeSOTO .UlKYAHIJ, suns D PJlJI HARBOR, I'~ORIIM 3-11183 PHOHS (727) 78-1-54911 1'0 (727) 7811-/2511 SHEET 3 OF 3 CERTIFICATION: I HEREBY CERTIFY TO lHE BEST OF MY KNO\\tEDGE AND BEUEr lHAT THE LEGAl DESCRIPTION AND SKETCH SHOYM HEREON SUBSTANTIALlY MEETS lHE I.lINIMUMlECHNICAl STANDARDS FOR LAND SURVEYING DESCRIBED IN lHE STAlE OF flORIDA RULE 61G17, F.A.C. FURlHERMORE, lHlS CERTIFICATION SHALl NOT EXlEND TO ANY OlHER PERSONS.OR PARTIES OlHER lHAN lHOSE NAMED HEREON AND SHAll NOT BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SURVEYOR \\IlHOUT lHE ORIGINAL RAISED SEAL AND SlGNAlURE OF lHE flORIDA UCENSED SURVEYOR AND MAPPER. JOB NUMBER: 050088 DRAWING FILE: 050088B,DWG LAST REVISION: N/A GEORGE A. SHIMP II, FLORIDA REGISlERED LAND SURVEYOR No. 2512 LB 1834 EXHIBIT "A" TO LAND EXCHANGE AGREEMENT Page 3 of 3 PARCEL 2 CITY PARK SUBO/VISlON P.8. 23 PG. 37 GlU=Y1EW SLVD. CEN TERLlNE rYP~A/- ---- f6J/ COWilBfA. S[J80tVtSlON' ~ P.8.LU fG. 60 I. ::-~:.- ~ .., I I BLOCK A 1.0 R/W A----.J ,'-'" T t61~Z . , , P.G.40 So> , 1 ,. 44 I 451 46 / 47 / 90 / 91 ,/ 92 i ~ ~... I L LLOYD-WHITEt-SKINNER_$UBOlr' SIC>>( ~ J 1>.8. 13 PPI 12 /13 I I' I '-;~~ -L I 1d~Jfj 60' ~ BY PLA T POINT OF , I If "-' '" ~E~NNING I I I I I I I / '/,'/ , ~ ' ..... I 48 I 49/ 50/' 51 I 941 95/ 96 I 97' 1 B I? - '-' -" -'!LU I , IliL-52_ ~_98_J~ / (~~::~~~~ 1 , J I -55-~-~"'} ~ , l-56 - ~_'~ _I i; i ~- - -f-':i iN CURVE C - 1 C - 2 1. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY LINE OF GULfVlEW BOULEVARO BEARING: S05'32'30" W (ASSUMED), 2, THERE MAY BE ADDITIONAL EASEMENTS. RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3, THIS SKETCH AND LEGAl DESCRIPTION lSJiQI VAliD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4, THIS IS NOT A BOUNDARY SURVEY, PARCEL 'C' 100 CORONADO DRIVE CLEARWATER SKETCH AND LEGAL DESCRIPTION PROJECT NO. 4063 DRAWlNGt 4063DWG SCALE 1'- 100' DRAWN CBA DATE 8-12-{)4 CHECKED/OC CBA Aao CREW N/A BK. / PG. N/A SURVEY DATE N/A ( \ SUNCOAST LAND SURVEYING. INC. I ) 111 FOREST LAKES BOULEVARD ~ OLDSMAR, FLORIDA 34677 LB 4513 OC(H)J.RY - T~ - ~ STAKEOOT PH: (813) 854-1342 FAX: (813) 855-6890 I ~ GRAPHIC SCALE ~~-~.. (Ill nrr) ItDcb-50n.. LINE TABLE LINE LENGTH BEARING L-l 18.00' N84'27'30"W L-2 135.05' NOS'32'30"E L-3 2.63' SOS'32'30"W L-4 110.54' SOS'32'30"W L-S 1.00' N84'27'30"W CURVE TABLE RADIUS ARC CHORD 40.00' 5.24' 5.23' 28.66' 35,53' 33.30' CHD. BEARING N01'47'28"E S29'58'20"E ~ ~Eff5~8 1 n/3/04 ~ - 0iAN<E:H) AVE TO m AVE i 00. DATE llEOCl'f'l'a<.. r SURVEYOR'S CERTlACA TE I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION DEPICTED HEREON WAS PREPARED UNDER MY RESPONSIBLE CHARGE ON THE DA TE(S) SHOWN. AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472,027, FLORIDA STA lUTES, Of' BY (S[AL) CURTIS N. FRIED PROFESSIONAL LANO SURVEYOR NO, 4537 DATE EXHIBIT "B" TO LAND EXCHANGE AGREEMENT Paqe 1 of 4 7 29 15 PINEllAS SECllON . , . . . , , TOWNSHIP , . . . , . SOUTH, RANGE . , , . . . EAST, . , . , , . , . , . . . . . . , COUNlY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY LEGAL DESCRIPTION A PARCEL OF LAND BEING A PART OF GULF VIEW BOUlEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED It4 PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, AND ALSO DEPICTED ON THE PLAT OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST 1/2 OF SECllON 7, TO\\NSHIP 29 SOUTH, RANGE 15 EAST, PINELlAS COUNTY, FLORIDA, BEING MORE PARllCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF SAID 1l0YD-WHITE-SKINNER SUBDIVISION; THENCE N.90'OQ'OO.W, ALONG THE EAST-WEST CENTERUNE OF AFORESAID SECTION 7, A DISTANCE OF 16,98 FEET TO THE POINT OF BEGINNING; THENCE S,05"29~40"W., A DISTANCE OF 18,97 FEET; THENCE N.84'30'20"W., A DISTANCE OF 6,00 FEET; THENCE N.05'29'40"E.. A DISTANCE OF 0.58 FEET; THENCE N.41 "28'18"W., A DISTANCE OF 16.55 FEET; THENCE N,05'32'35"E. ALONG THE CENTERUNE OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 25,28 FEET; THENCE S,41'OO'13"[, A DISTANCE OF 24.92 FEET; THENCE S,05'29'40"W., A DISTANCE OF 1.03 FEET TO THE POINT OF BEGINNING. CONTAINING 441.75 SQUARE FEET OR 0.0101 ACRES, MORE OR lESS. PREPARED FOR K c!c P CLEARWATER ESTATES, LLC SHEET 1 OF 3 GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137 JOB NUMBER: OS0088 DATE SURVEYED: N7A DRAWING ALE: OSO088.DWG DATE DRAWN: 1-28-2005 LAST REVfSION: N/A X REFERENCE: 050079 _.... GEORGE A. SHIMP II r 1_ 'AND ASSOCIATES, INCORPORATED ','''' I ~ LAND SURVEYORS LAND PLANNERS ~.,... 3301 DeSOTO BOUlKYAHIJ, SUIt'S D PALl! HARBOR, I'~ORID.J 3-11183 LB 1834 PHOHI (727) 78-1-0-1911 I'D (727) 7811-/2011 CERTIFlCAlION: I HEREBY CERTIFY TO lHE BEST OF MY KNO\\tEDGE AND BELIEF lHAT lHE LEGAL DESCRIPTION AND SKETCH SHO\\tl HEREON SUBSTANTIAllY MEETS lHE I.lINIMUM lECHNICAL STANDARDS FOR LAND SURVEYING DESCRIBED IN lHE STAlE OF flORIDA RULE 61G17, F.A.C. FURlHERI.lORE, lHlS CERTIFICATION SHALl NOT EXlEND TO ANY OlHER PERSONS OR PARTIES OlHER lHAN THOSE NAMED HEREON AND SHAll NOT BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SURVEYOR \\IlHOUT lHE ORIGINAL RAISED SEAL AND. S1GNAlURE OF lHE flORIDA UCENSED SURVEYOR AND MAPPER. 7 29 15 P1NalAS SECllON , , . . , . , TO~SHIP . . , , , . SOUTH, RANGE . . . , . , EAST, . . . . , . . , , . . . . , . . COUNlY, FLORIDA LEGAL DESCRIPTlON and SKETCH THIS IS NOT A SURVEY --..L.. N. R/W ~ QJLF VIEW BOtIEVARO APPROXlMAlE W. R/W 1"~'APPROXlUA~ COASTAL"-"-" ~ GULF VIEW BOULEVARD .......... i I CONSlRUCTION CONTROl lIE (SCALED FROt.l TAX MAP) 1 : (SCAlED FROM TAX UAP) I I I I I I I I I I I I j I UnnnnR uuuu o 30 GRAPHIC SCALE 1 inch = 30 It. I GULF VIEW BOULEVARD r-UR/w: (P.;,t:PG.-;j , I I : , I j , f / : I!,@'ii' ~ _~B__~. .. I il!,@~ff{ fJ. P.O.B. L1 PO C <s- .. . ~ ~ . N.W. CORNER : tE I'''' u ~ I ~LOT<< Ii ~; ~: r ~/; el ~~ ~ ~~ CD I' r-")- & j' 1.0 ' 1.0 - ~ ~,~ f5;l ~': ~I~ s,.. _ ~/-$ ~ ~:I~ is,~ . ~ ~ J L~?~l: .. 1.- DATE SURVEYED: N A DATE DRAWN: 1-28-2005 X REFERENCE: 050079 GEORGE A. SHIMP D AND ASSOCIATES, INCORPORATED LAND SURVEYORS LAND PLANNERS 3301 DeSOl'O BOUlKYAHIJ, SUITS D PALl! IlUUJOR, I'~ORIIM 3-1I1B3 PHOHS (727) 7B-I-5.f!J& I'D (727) 7BII-/2511 E-W Cl OF SECTION 7-29-15 "" -H_H-r-1 LINE DATA UNE BEARING DISTANCE L1 N90'OQ'oo"W 16.98' L2 S05'29'4Q"W 18.97' L3 N84'30'20"W 6.00' L4 N05'29'40"E 0.58' L5 N41'28'18.W 16.55' L6 N05'32'35"E 25.28' L7 S41'OO'13"[ 24.92' L8 S05'29'4Q"W 1.03' SHEET 2 OF 3 h ,I :l5 I i . 15 I ~ I CERTlFlCA1KJt I HEREBY CERTIFY TO lHE BEST OF MY KNO\\tEDGE AND BELIEF lHAT lHE LEGAl OESCRFOON AND SKETCH SHOYItl HEREON SUBSTANTIALlY lETS lHE MINlMUlllECHNICAl STANDARDS FM l.AtI) SURVEYING DESCRIBED IN 1HE STAlE CF flORIDA RULE 61G17. F.AC. FUR1lDUME, lHlS CERTIFICA nON SHALl NOT EX1END 10 ANY OlHER flERS()G M PARTIES OllER lHAN lHOSE NAWED HEREat All) SHALl NOT BE VAUD AND BNlING AGAINST 1tE lJtaR9GtE) SURVEYM \\IlHOOT H ORIGINAl. RAISED SEAL Nt) SlGNAlURE OF 1tE FlIRDA UCENSED SlJRVEYlR AND MAPPER. GEORGE A. SHIMP III, PROFESSIONAL SUR~ & MAPPER No. 6137 LB 1834 7 29 15 PINELLAS SECllON . , . . . . , TOWNSHIP . , . , . . SOUTH, RANGE . . . . . . EAST, ' . . . . , , . " . . , . , . COUNlY, FLORIDA LEGAL DESCRIPTION and SKETCH THIS IS NOT A SURVEY ABBREVIATIONS A = ARC LENGlH Alc = AIR CONDITIONER AF = ALUMINUM FENCE AlUM = AWMINUIl ASPH = ASPHALT BfE = BASE flOOD ELEVATION BlDG = BUILDING BLK = BlOCK BM = BENCH MARK BNDY = BOUNDARY BRG = BEARING B'M' = BARBED WIRE FENCE C = CALCULATED CB = CHORD BEARING CBS = CONCRETE BlOCK SlRUCTURE CHD = CHORD CL = CENTERUNE CLF = CHAIN UNK FENCE CLOS = CLOSURE COL = COLUMN CONC = CONCRETE CR = COUNTY ROAD Cis = CONCRETE SLAB COR = CORNER COY = CO'IERED AREA o = DEED DOT = DEPARtMENT OF lRANSPORTATION ORNG = DRAINAGE D/W = DRIVEWAY EL OR ELEV = ELEVATION EOP = ffiGE OF PAVEMENT EOW = ffiGE OF WATER ESIl'T = EASEMENT FCM = FOUND CONCRETE MONUMENT FES = FlARED END SECTION FlP = FOUND IRON PIPE FIR = FOUND IRON ROD Fl = flOW UNE FlD = FIELD fND = FOUND FOP = FOUND OPEN PIPE FPC = flORIDA poe CORP. FPP = FOUND PiNCHED PIPE FRM = FRMtE FZl. = flOOD ZONE UNE GAR = GARAGE G/E = GLASS ENCLOSURE H'M' = HOG WIRE FENCE H\\t = HIGH WATER UNE INV = INVERT LB = LAND SUR\{YlNG BUSINESS LFE = LOWEST flOOR ELEV LHSIl = LOWEST HORIZONTAL SUPPORTING MEMBER LS = LAND SUR\{YOR M = MEASURED MAS = MASONRY MES = MITERED END SECTION MH = MANHOLE MH\\t = MEAN HIGH WATER UNE MSL = MEAN SEA l.EVEL N&Il = NAIL AND BOTTLE CK' Ntdl = NAIL AND DISK N&T = NAIL AND TAB NGVO = NATIONAL GEODETIC VERTICAL DATUM NO = NUMBER OIA = OVERALl OHW = OVERHEAD \\IRE(S) OR = omOAL RECORDS 0/5 = OFFSET P = PLAT PB = PLAT BOOK PC = POINT OF CUR\{ PCC = paNT OF COMPOUND CUR\{ PCP = PERMANENT CONlROL POINT PG = PAGE PK = PARKER KALON PL = PROPERTY UNE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT POL = POINT ON UNE PP = poe POLE PRC = POINT OF REVERSE CURVA lURE PRM = PERMANENT REFERENCE MCNlMENT PROP = PROPERTY PSM = PROFESSIONAL SUR\{YQR & MK'PER PT = POINT OF TANGENCY PVU'T = PA\{MENT RAD = RADIUS R = RECORD REF = REFERENCE RES = RESIDENCE RL = RADIAL UNE RLS = REGlSTERffi LAND SUR\{YOR RND = ROUND RNG = RANGE RRS = RAIL ROAD SPIKE R/W = RIGHT-OF-WAY SCM = SET CONCRETE MONUMENT S/E = SCREENffi ENCLOSURE SEC = SECTION SET N&D = SET NAIL AND DISK RLS, 2512 SIR = SET 1/2' IRON ROD RlS' 2512 SQ = SQUARE SRF = SPUT RAIL FENCE SR = STATE ROAD STY = STORY SUB = SUBDIVISION s/W = SIDEWALK 18 = 'r BAR IBM = TEMPORARY BENCH MARK TC = TOP OF CURB TOB = TOP OF BANK TOO = TOE OF SLOPE lRANS = lRANSFORMER 1\\P = TOI'ttlSHIP TYP = TYPICAL UG = UNDERGROUND UTIL = UTIUTY \W = WOOD 'M' = WOOD FENCE WlF = \\ROUGHT IRON FENCE WIT = \\ITNESS \\RF = WIRE FENCE 'iN = WATER VAL\{ *** ABBREVlA TlONS MAY ALSO BE CONCA TENA TED AS REQUIRED. *** OTHER COMMONLY RECOGNIZED AND lOR ACCEPTED ABBREVlA TlONS ARE ALSO UTlUZED BUT NOT SPECIFIED HEREON. DATE SURVEYED: N/A DATE DRAWN: 1-28-2005 X REFERENCE: 050079 - GEORGE A. SHIMP II r _ "AND ASSOCIATES, INCORPORATED \. J LAND SURVEYORS LAND PLANNERS - 3301 DeSOt'O BOUlKYAHIJ, SUIt'S IJ PAtJI J/ARlJOR, I'~ORIIM 3-1&83 PHOHS (727) 78-1-5-1911 I'D (727) 7811-12511 SHEET 3 OF 3 JOB NUMBER: 050088 DRAWING FILE: 050088.DWG LAST REVISION: N/A CERTIFICATION: I HEREBY CERTIFY TO lHE BEST OF MYKNO\\tEDGE AND BEUEF lHAT lHE L!GAl DESCRIPTION AND SKETCH SHOYM HEREON SUBSTANTIAllY MEETS lHE I.lINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING DESCRIBED IN lHE STAlE OF flORIDA RULE 61G17, F.A.C. FURlHERMORE, lHlS CERTIFICATION SHALL NOT EXlEND TO ANY OlHER PERSONS OR PARTIES OlHER lHAN lHOSE NAMED HEREON AND SHALl NOT BE VAUD AND BINDING AGAINST lHE UNDERSIGNED SURVEYOR \\IlHOUT lHE ORIGINAL RAISED SEAL AND S1GNAlURE or lHE flORIDA UCENSED SURVEYOR AND MAPPER. GEORGE A. SHIMP III, PRorESSIONAL SURVEYOR & MAPPER No. 6137 LB 1834 BEACH WALK SCHEDULE ITEM DURATION Complete design and construction plans January 2005 Developer pays pro-rata share of Within 3 years construction Bid & award construction contract 3 months Construct S. Gulfview detour & Coronado 12 months Improvements Construct S. Gulfview & Beach Walk 12 months from Central Plaza north to Coronado Construct S. Gulfview & BeachWalk 12 months from Central Plaza to southern end Final project clean-up & Grand <5Pening 4 months EXHmIT "M" ~ -.J ~ W Cl U5 cJ Z o U b a.J ".r.r~i.~ ~I 0 0 et:~ ~x z ::>w C)Cl 0 Z Z I- r I- .:d;: ~ w U w IDO W ~ I ~ et:Cl (/) La- ::>La- - 0 (/) Uet: (/) OJ ~ Cl w (/) Z 'No.. 0 - :c N 0:::: CI) I C) U '0 0::: (J X 0 --.J(/) b <0 0 <t: 0 W <0 I"') et:1"') UI- ~:= D-- - ~ >- 0 0 ::>w I-Z 0 C)Cl N Z .:d;: IDO et:Cl ::>La- Uet: w 'No.. ~ -.J ~ W Cl (/) .,..,. cJ Z 0 U Q:I EXHIBIT 0 PARKING PROTOCOL The following parking protocol shall be implemented by the Developer in order to reduce the incidence of traffic backups at the entrance to the Project at Gulfview Boulevard (the "Gulfview Entrance"): 1. Adequate valets shall be employed to handle anticipated traffic volumes. V alets shall be provided as needed in the porte cochere area as well as on each parking level where valet parking service is required to park the cars of hotel guests or the public. 2. Vehicles unable to access the parking garage because of unavailability ofa parking elevator shall be parked in the porte cochere area ofthe Project (the "Porte Cochere") so long as space, and until elevator transport, is available. 3. The Gulfview Entrance shall be closed by Hotel personnel at any time that the vehicular traffic in the Porte Cochere prevents vehicles entering the area from Gulfview Boulevard without undue delay. 4. Vehicles unable to use the Gulfview Entrance because of its closure will be given written instructions by Hotel personnel directing them to the street level parking entrance on Relocated First Street (the "Relocated First Street Entrance"). 5. Hotel event planners will take all steps reasonably necessary to encourage use of the parking accessed by the Relocated First Street Entrance for events likely to cause a traffic backup on Gulfview Boulevard. For example, (i) parties booking such events will be provided copies of written directions suitable for distribution advising guests to avoid the Gul:fview Entrance and directing them to proceed directly to the Relocated First Street Entrance and (ii) prior to such events steps will be taken to maximize the number of spaces available in the street level parking area for use by guests attending the event.,