AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL PROPERTYAMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL
PROPERTY is made on J?G 31 , 2008, by and between the CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation ("City"), and K & P
CLEARWATER ESTATE, LLC, a Florida limited liability company, its successors and assigns
("Owner").
RECITALS:
A. City and Owner entered into that certain Contract for Exchange of Real Property,
dated March 3, 2005, pertaining to the exchange of real property located in Pinellas County,
Florida, (the "Contract").
B. The Contract is an exhibit to the Development Agreement between the parties.
recorded in O.R. Book 141681 Page 2397, as amended by First Amendment to Development
Agreement recorded in O.R. Book 15023, Page 1494, all in the public records of Pinellas
County, Florida (collectively, "Development Agreement").
C. The site plan approved in conjunction with the Development Agreement is being
revised including removal of the proposed pedestrian bridge, which revision necessitates the
vacation and conveyance of the right-of-way under the former pedestrian bridge location.
D. Title records have revealed that portions of previously vacated rights-of=way
reverted in title to the City which necessitates the conveyance of those rights-of-way to Owner,
F. Accordingly, the parties wish to amend and restate the Contract for the. puri.1"' 'S ?
clarifying the descriptions of the land to be exchanged.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Contract is hereby amended and restated to read:
1. Exchange of Property. The City shall convey to the Owner title to certain
parcels of real property referred to as "City Parcels" which are described in Exhibit "A" to this
Contract. The Owner shall convey to the City title to certain parcels of real property referred to
as "Ovmer Parcels" which are described in Exhibit "B" to this Contract. The conveyance of the.
City Parcels shall constitu±e full consideration for the conveyance of the Owner Parcels. The
conveyance of the Owner Parcels shall constitute full consideration for the conveyance of the
City Parcels.
2. Definitions. In this Contract, "Seller" shall mean the City with respect to the
City Parcels and the Owner with respect to the Owner Parcels. "Purchaser" shall mean the
Owner with respect to the City Parcels and the City with respect to the Owner Parcels. 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. Legal Descriptions. Legal descriptions of the properties being exchanged
between the parties are as follows:
a. City Parcels (to be conveyed to Owner) -See Exhibit "A"
attached.
b. Owner Parcels (to be conveyed to City) -See Exhibit "B"
attached.
4. Purchase Price. It is mutually agreed that the transfer of the City
Parcels by the City to the Owner and the transfer of the Owner Parcels by the Owner to the City
shall constitute the full and sufficient consideration for the exchange of the parcels.
5. Contingencies. The exchange proposed in this contract shall be contingent
upon (1) the final approval by the governing council of the City (the "Council") of an amended
and restated version of the Development Agreement which, (2) the City's issuance of a vacating
ordinance for Parcel J, which is more particularly described on Exhibit "C" attached hereto
("Parcel J"), and (3) the issuance of the first foundation permit for the Project to the Owner
pursuant to Development Agreement.
6. Closing 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 of
the vacating ordinance for Parcel J and within ten (10) days following the issuance of the first
building permit for the Project 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 of the appraised value
of the City Parcels as determined in accordance with City Charter requirement 2.0(1)(d)59iv,
which commitment shall show a marketable fee simple title in the name of the City as to the City
Parcels 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. If this 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 the City Parcels 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 the City Parcels 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 of the value of the Owner Parcels as determined in
accordance with City Charter requirement 2.0(1)(d)59iv„ which commitment shall show a
marketable fee simple title in the name of the Owner as to the Owner Parcels subject to
Permitted Exceptions. The City shall have ten (10) days after delivery of said commitment for
2
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 title to the Owner
Parcels 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 the Owner Parcels will be issued to the City within a reasonable period of time 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;
C. Any adverse ownership claim by the State of Florida by right of
sovereignty to any portion of the 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. The City Parcels are included in the boundary survey prepared by
Suncoast Land Surveying, dated 5/2/08, Project No. 8021. The Owners Parcels are depicted in
the sketch and legal descriptions included in Exhibit "B" attached to this Contract. The costs of
the survey and any additional surveying work shall be borne by the Owner as to both the City
Parcels and the Owner Parcels.
10. Closings 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 of the closing date.
12. Closing Costs. The Owner shall pay the following closing costs and expenses in
connection with the closing:
3
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. Assignability. This Contract may be assigned in the same manner as allowed in
the Development Agreement.
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: E. D. Armstrong III, Esq.
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
4
As to City: William B. Horne 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. Applicable Law. This Contract is construed in accordance with the laws of the
State of Florida.
20. Headings. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this Contract.
21. Binding 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 Agreements. 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 Contract may be executed in several counterparts, each
constituting a duplicate original, but all such counterparts constituting one and the same
agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated
Contract for Exchange of Real Property as of the day and year first above written; provided,
however, that for the purpose of determining "the date hereof," as used in this Contract, such date
shall be the last date any of the parties hereto executes this Contract.
Countersigned:
CITY:
CITY OF CLEARWATER, a
Florida municipal corporation
Frank Hibbard
Mayor-Commissioner
By:?? /A-AZ
William B. Horne, II
City Manager
Date: / Ig - 41-0 8
Approved s to form:
Pamela K. Akin
City Attorney
Attest:
6
Witnesses:
Signature
Ltlt,
Print nam
Si atur
Jl-a-vne ?, s rS
Print name
11/13/2008 3:05 PM
49313.115456
#465006 vl - TRG/Final Amended & Restated Exchange Contract
OWNER:
K & P CLEARWATER ESTATE, LLC,
a Florida limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
By: K & P Holding, L.C., a
e liability .
a Florida li WAPier
company, By:
C
Member
Date: Y1o vet" 164f t 14, Zao 8
(Corporate Seal)
7
EXHIBIT "A" TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
CITY PARCELS
Portion of Parcel G
Parcel H
Portion of Parcel J
Parcel K
Portion of Parcel G to be conveyed:
That portion of the following parcel lying northerly of the westerly extension of the
southerly lot line of Lot 1, Block "A," Columbia Subdivision, according to the plat
thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida:
PARCEL G
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 PUBIC
RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON
THE PLAT OF LLQYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 13, PAGES 12 AND 13, OF THE PUBLIC. RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST
1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED BELOW:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION: THENCE
S.05'32'30"W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05'32'30"W., A DISTANCE OF 60,00 FEET TO THE NORTHWEST
CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05'34'08"W., ALONG AFORESAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S.05'31'21"W. ALONG
SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 160.05 FEET; THENCE N.84'27'30"W., A
DISTANCE OF 34.98 FEET; THENCE N.05'32'30"E. ALONG THE CENTERLINE 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.05'29'40"W., A DISTANCE
OF 0.58 FEET, THENCE S.8410'20"E., A DISTANCE OF 6.00 FEET; THENCE N.05'29'40"E., A DISTANCE OF 18.97
FEET, THENCE CONTINUE N.05'29'40-E. A DISTANCE OF 1.03 FEET; THENCE N.41'00'13"W., A DISTANCE OF 17.95
FEET; THENCE N.48'31'37"E., A DISTANCE OF 14.15 FEET, THENCE N.90`00'00"E., A DISTANCE OF 34.32 FEET TO A
POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, BEING A CURVE 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"W.; THENCE S.05'32'30"W. ALONG SAID EAST RIGHT-OF-WAY
OF GULF VIEW BOULEVARD, 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.
Exhibit "A" Page 1 of 5
Pardo-1 H
PARCEL H
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA
SUBDIVISION, ACCORDING TO HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15
EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED' AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA; THENCE N.90'00'00"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 LINE OF AFORESAID GULF VIEW BOULEVARD, A
DISTANCE OF 0.88 FEET TO POINT OF A 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, AN ARC OF 26.87 FEET, A
CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.28'11'29"E. TO THE POINT.OF BEGINNING; THENCE
N90'00'00"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 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 S.45'59'54"E. TO A POINT OF NON-TANGENT CURVE;
THENCE WESTERLY 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 N77'55'43"W.; THENCE N.8754'00"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 AFORESAID 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.
Exhibit "A"• Page 2 of 5
Portion of Parcel J to be conveyed:
That portion of the following parcel lying northerly of the westerly extension of the
southerly lot line of Lot 1, Block "A," Columbia Subdivision, according to the plat
thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida:
PARCEL J
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 PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT -)OOK 13,
PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE
N90'00'00"E, ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82
FEET; THENCE NOS-32.30-E ALONG THE EASTERLY RIGHT OF, WAY LINE OF AFORESAID
GULF VIEW BOULEVARD, SAID EASTERLY RIGHT OF WAY LUNG 1.0 FEET WESTERLY OF
THE WESTERLY BOUNDARY OF LOT 1, BLACK A, COLUMBIA SUBDIVISION, AS RECORDED
IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A 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, AN ARC OF 26.87 FEET, A CHORD OF 26.18
FEET, AND A CHORD BEARING OF N28'11'291; THENCE N90'00'00"W, A DISTANCE OF
34.32 FEET; THENCE S4931'37-W. A DISTANCE OF 14.15 FEET FOR A POINT OF
BEGINNING; THENCE S41'00'13"E, 17.95 FEET; THENCE S05'29'40"W, 20.00 FEET;
THENCE N89'30'20"W, 6.00 FEET; THENCE N05'29'40"E, 0.58 FEEL; THENCE
N41'28'18'W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF SAID GULF VIEW BOULEVARD; THENCE N05'32'30'E, ALONG SAID
CENTERUNE A DISTANCE OF 15.06 FEET; THENCE N4831'37°E, A DISTANCE OF 7.42
FEET TO THE POINT OF BEGINNING.
CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS.
Exhibit !'A" Page 3 of 5
SIGET'CH of DESCR=PTION
SHEET 1 OF 2 SHEET'S
PARCEL K
THE VACATED SOUTHERLY 1 FOOT OF GULF VIEW BOULEVARD ADJACENT TO LOT 1,
BLOCK "A", COLUMBIA SUBDIVISION. ACCORDING TO PLAT THEREOF RECORDED IN PLAT
BOOK 23, PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION
OF THE VACATED WESTERLY 1 FOOT OF CORONADO DRIVE ADJACENT TO SAID LOT 1,
SAID VACATED PORTIONS BEING SHOWN BY RESOLUTION FILED NOVEMBER 27, 1959, IN
O.R. BOOK 757, PAGE 40, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 44, THE LLOYD-WHITE-SKINNER
SUBDIVISION, AS RECORDED IN PLAT BOOK 13 ON PAGES 12 AND 13 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N90'00'00"E, ALONG THE
NORTHERLY BOUNDARY THEREOF A DISTANCE OF 3.82 FEET; THENCE N05'32'30"E, 0.88
FEET TO A POINT OF CURVATURE; THENCE 50.17 FEET ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 34.00 FEET, SUBTENDED BY A CHORD DISTANCE
OF 45.74 FEET BEARING N47'49'12"E; THENCE S89'54'00"E. 145.71 FEET TO A POINT
OF CURVATURE; THENCE 12.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 28.66 FEET. SUBTENDED BY A CHORD . DISTANCE OF 12.12 FEET,
BEARING S7741'47"E TO A POINT ON A NON-TANGENT CURVE; THENCE 1.11 FEET
ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET. SUBTENDED BY A
CHORD DISTANCE OF 1.11 FEET, BEARING S01-09.52"E TO A POINT OF INTERSECTION
WITH THE NORTHERLY BOUNDARY OF SAID LOT 1 AND A POINT ON A NON-TANGENT
CURVE, THENCE 12.26 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A
RADIUS OF 27.66 FEET, SUBTENDED BY A CHORD DISTANCE OF 12.16 FEET, BEARING
N7712'09"W; THENCE N89'54`00"W, 145.71 FEET TO A POINT OF CURVATURE; THENCE
48.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 33.00
FEET, SUBTENDED BY A CHORD DISTANCE OF 44.39 FEET, BEARING S4749' 12"W;
THENCE S05'32'30"W, A DISTANCE OF 0.78 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 1; THENCE N90'00'00°W, A DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING.
CONTAINS: 208 SQUARE FEET (0.0048 ACRES), MORE OR LESS.
LEGEND NOTES:
1. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAY AND10R
OWNERSH P WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN
2 THIS SKETCH DOES NOT REFLECT OR DEIERMWE OWNERSHIP.
PIS P UM 9JRum
LB Mom Busm 3. USE OF THIS SKETCH BY ANYONE OTHER 7HMT THOSE PREPARED FOR WILL BE THE
PLAT N Iploll
S ? or
9
3
r RE-USERS SOLE RISK WITHCXIT UABlUTY TO THE SURVEYOR.
4. THE SKETCH WAS PREPARED WTHOUT THE BENEFIT OF A CURWU TRLE COMMITMENT
POND
POB OF OEM= AND 15 SUBJECT TO EASEMENTS, RIGHTS-OF-WAY AND STMRAR MATTERS OF TITLE.
5. MEAIDWN BASED ON THE NORTH BOIAJDARY OF LOT 44 AS BMW N90'OO'O0mE (P).
PREPARED FCC II?
The Related Q"mV I DATE: 4/28/08
DRAWING# PARCEL-K (froject No. 802,
Checked By JAC FlaId Book
Drawn By JAC Paces
SUNCOAST LAND SURVEYING, Inc.
111 FOREST LAKES BOULEVARD
OLDSIM. FLA. 34877
BOLWARY - 701409UPHC - CI IC" UM M
4513 ME* (813) 854-1342 FAZE (813) 855-8890
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Exhibit "A" Page 4 of 5
SKtTCH of DESCRIPTION
SHEET 2 OF 2 SHEETS
SCALE : I"= 40'
20' 40'
Q NW C
J
m 13
W
n°
LI
-iI
C?
LINE BEARING DISTANCE
Lt N9(rWOO 3 g2'
U N90'00 1.0'
L4 NO532 30 D.8
L5 50532'30 0.78'
CURVE RAMS DELTA ANGLE ARC LENGTH CHORD LENIN CHORD BEARING
Cl 34AO 8432'38 50.17 4574 N 4749'12' E
C2 9.68 24'2412' 1221' 1112' S 7741-47-
C3 4000 013545 1.11' 1.11' S 01'09'52' E
C4 27.66' 25'2410" 1226' 1216' N 7712 09' W
C5 33.00 84'3239' 48.69' 44.39' S 474912' W
/ GULF VIEW BOULEVARD \
RIGHT OF WAY (P)
/ VVA MrVEED PER O.R. BOOK 14168 PAGE 2539 0 \
i? S89'SCOO"E 45.71' D)
G21
(/ 1laaLed SadhMy 1.0' N 9df Yar Boulevard lr1 C4
per O.R. Book 757 Page 40
Pkdlad Idgld of Way Lace Fl\
L1 LOT 1 BLOCK A'
WEST COLUMBW SUMMON Plat Book 23 Page 60 2D6. 6'e f (P)
I----I---T-- i ---I--- j ---?- "
or
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I I I POOK 1 PAGE 1 -13 1 I 1 118' O I I
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91 I I I I 1^ 19 Al LDT 44 i LOT 45 i LOT 46 r WT 47 i Un 90 I lDT 91 i U]T 92 1 93 II O 3
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Exhibit "A" Page 5 of 5
EXHIBIT "B" TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
OWNER PARCELS
Parcel C
Parcel D
SKETCH of DESCRIPTION
SHEET 1 OF 2 SHEETS Parcel C
PARCEL C
THE EASTERLY 18 FEET OF LOT 93; TOGETHER WITH THE WESTERLY 1.86 FEET 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 A PORTION OF LOT 1. BLOCK A. COLUMBIA SUBDIVISION AS RECORDED
IN PLAT BOOK 23, PAGE 60. PUBLIC RECORDS OF PINELIAS COUNTY, FLORIDA, AND
TOGETHER WITH A PORTION OF THE WESTERLY 1 FOOT OF THE PLATTED RIGHT OF WAY
OF CORONADO DRIVE ADJACENT TO SAID LOT 1. ALL OF THE ABOVE BEING FURTHER
DESCRIBED AS 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 N0532'30'E ALONG A LINE 18 FEET WESTERLY OF AND PARALLEL
TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132.32 FEET; THENCE
5.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET,
A CHORD OF 5.23 FEET AND A CHORD BEARING N01'47'31'E TO A POINT ON A
NON-TANGENT CURVE; THENCE 35.43 FEET ALONG THE ARC OF SAID CURVE TO THE
RIGHT HAVING A RADIUS OF 28.66 FEET. A CHORD OF 33.22 FEET AND A CHORD
BEARING S30'O4'20'E; THENCE N90'00'00" E. ALONG THE EASTERLY PROJECTION OF THE
NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 0.86 FEET; THENCE
SOS-32-30-W. ALONG A LINE 1.86 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY
BOUNDARY OF SAID LOT. 93 A DISTANCE OF 110.62 FEET; THENCE NW27'30'W A
DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING.
CONTAINS: 2,568 SQUARE FEET (0.059 ACRES), MORE OR LESS.
NOTES.
I. NO INSIRUNENTS OF REOORD REFLMNG EAmIFNR, RIGHT OF WAY AND/OR
LEGEND OWNERSHIP WERE FURNISHED lU THIS SURVEYOR EXCEPT AS SHDWN.
2. THIS SKETCH DOES NOT M IM OR DIMMINE OWNERSHIP.
PLS PROFFSUNK LAND SORVLYOR 3. USE OF THIS SKEIM BY ANYONE OTHER 1HAN THOSE PREPARED FOR WILL BE THE
L
B UC:ILSED Bmai•3S RE-USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR.
(
) PLAT DFORMAIM 4 1FE SKERXI WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITUDIT
(D)
` P or DESCIMMON RrF1>aW10rt AND IS SMEEr TO EA?IE14T5, fiEHM-OF-iMAY AND ?6" MATrERS OF TITLE -
POINT OF 90GWWND 5. MER13M BASFD ON THE NORTH BOUNDARY OF LOT 44 AS BEARIG N90WOO-E (P).
5.
PREPARED FM III
The Related Group DATE: 4/28/M
SUNCOMT LAND SURMMG. Inc.
111 FOREST LAKES BOULEVARD
OLDSMAR, FLA. 34577
SOIRRLARY - TOPOWAFM - CM68L IM STAKM
LB 4513 PHONE: (813) 854-1342 ' FAX: (813) "'NO
1)RAWM# I PARCEL-C li(-Pro)ed No.I 8021
Checked By JAC Held Book .
?(D-- By I JAC J'1Po9- 1 -
SURVEYORS CERDF AX
and ae,ay ee e. 200 dgMM hs . pwfmmid der oq FEWONME
GE m on 660 &m. d M& as Wam lmw.JL SUYi0Nm0 A 1mm bw
LDAMA 9oua PRMUMM LARD WAS= b Ompter 61017-4 ROM
Emew cam FwAsd b %cRn vuv amm sO01RE4
VAD NAM TLE M MM IM 9E 0MC3 L RICA ff A FLMM LEO=
DOR Ala WNW. I 1, A o7
11
SKETCH of DESCRTPTrON
SHEET 2 OF 2 SHEETS
SCALE : 1' = 50'
25 50'
GULFVIEW BOULEVARD
_ - SB9'64'00"E
_
-
R;?ff OF WAY (P)
VACATED PER O.R. BOOK 14169 PAGE 2539 \
/ N89'500"W 145.71' GF1
r - - LOT 1 BLOCK A'
COLUMBIA SUBDMSION
2
PLAT BOOK 23 PAGE 60
n 1 ----,--T------T--rN
1 I I I I I I I 119'ro? m
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1
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LOT 44 I LOf 45 I LOr 48 I LOff 47 I LOT m I LO7 91 I LO7 92 I 93
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I I . THE L-LOY4-WHIT-SIUN111ER SUIBDMSI N
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I I I PIIAT BOOK 13 PAGE 1F-13 I
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FIRSTAVENU
6' M 291
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GHT OF WAY (P) WAU PER OR BOOK
I a
15023 PAGE ?_
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1518
--
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•
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I Q ?
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING
C1 40.00 5.24' six I Mlr4 1'E
C2 28.66' 35.43' S30'p4'
C3 40.00 61.40' 55.54' S 45' 44 E
C4 28.66' 1221' 121 S 77414r E
LINE BEARNG DISUMM
L1 NSC 1
L2 N9O'00'
L3 N8427 M'W 1
SUNCOAST LAND SURVEMG, Inc.
111 FOREST LAKES BOULEVARD
OLDSWAR, FLA. 34677
I Z 8
m
Ix
0
BOUNDARY - TOPOGRAPHIC - CMMMCBON SW OUT
4613 PHONE: (813) 851-1342 FAx (813) 855-6890
Parcel D
SKETCH of DESCRIPTION
SHEET 1 OF 2 SHEETS
PARCEL D
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 SUBDMSION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINS: 5,670 SQUARE FEET (0.1302 ACRES), MORE OR LESS.
NOTES:
1. NO 9ISTRU11ENIS OF RECORD RMECIWG FASElIEN15, RIGHT OF WAY AND/OR
LEGEND OWNMF WERE FURNISHEI) TO THIS SURVEYOR EXCEPT AS SHOWN.
2 THIS SKETCH DOES NOT REM OR DETERMINE OWNERSHIP.
PLS T tW.LAND SLRVEEOR 3. USE OF THIS SKEICH By ANYONE OTHER 1HAN THOSE PREPARED FOR WILL BE THE
U3 Lcaam ®®m
tFODI1101D11 RE-USERS SOLE RISK WITHOUT W1MM TO THE SURVEYOR
4, 1FE SP CH WAS PREPARED WRHOUf THE BENEFR OF A CURRENT TILE COMMENT
P0B M
O® O
E57tpI10N NMI=
p? O OF Btu AND IS SUBJECT TO
EASEMENTS, RIGHTS-OF-WAY AND SDdIIAR MATTERS OF TRLE
5. IIEREIAN BASED ON THE NORM BOUNDARY OF LOT 44 AS BEARING NWW'00-E (P).
The Related Group lI? DATE 4/48/
SWCOAST LAND SORVEMG, IOC.
111 FOREST LAKES BOULEVARD
OLOSMAR. FIJI. 34677
BOUNDARY - TOPOhRA n - COmQ1lmm Smmff
LB 4513 PHONE (813) 854-1342 FATE (813) 655-6890
DRAWING# PARCEL-0 ( Project No. 8021
ChsokW By JAC FTsld Book
Drawn By JAC PSUIZVEYOWS C13t11F1CATE
1 huff may O? Poe mmu d FMW hams To pwbmw mds aw AESmmE
aWmE m Bm *m% and mW Os wum '63imt SDQmmS at W& by
Be P1DBnA m PRWS5OM LAND SURVEYORS hpP*ter 61G1T-6. RMDA
AOIO65 WM OGRE p nowd to S mSm 4TL027, RARM SDDM
W Me I mm AE A1D DE CA SEA! OF A RMNA UrdM
61OR ND Mfff R'. I I I A --"I J
SkE' `tCH of DESCR=PTION
SHEET 2 OF 2 SHEETS
I I .
SCALE : 1"= 50' I I I I I I 1 1
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A VENLjE
II j I ?Rt? ?? K P„? ls, I I
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THE u mn-WWM s 4usDMMN J W
LL I? PLAT BOOK 13 PAGE 112-13 Un 99 W
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I 1 I j LOT 53 i /V i
1W(p) - b 0s
I I I LOT 100 c
I I i ,DT 54 ' Z
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?oo•? _ _ I J
EXHIBIT "C" TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
PARCEL J
Parcel J
SKETCH of DESCR=PTTON
SHEET 1 OF 2 SHEETS
PARCEL J '
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 PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13,
PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE
N90'00'00"E. ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82
FEET; THENCE N05'32'30'E ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
GULF VIEW BOULEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF
THE WESTERLY BOUNDARY OF LOT 1, BLACK A, COLUMBIA SUBDIVISION. AS RECORDED
IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A 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, AN ARC OF 26.87 FEET, A CHORD OF 26.18
FEET, AND A CHORD BEARING OF N28'11'29"E; THENCE N90700'00-W, A DISTANCE OF'
34.32 FEET; THENCE S48'31'37W, A DISTANCE OF 14.15 FEET FOR A POINT OF
BEGINNING; THENCE S41'00'13"E, 17.95 FEET; THENCE S05'29'40'W, 20.00 FEET;
THENCE N89'30'20"W, 6.00 FEET; THENCE N05'29'40" E, • 0.58 FEET; THENCE
N41'28'18'W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF SAID GULF VIEW BOULEVARD; THENCE N05'32 WE, ALONG SAID
CENTERLINE A DISTANCE OF 15.06 FEET; THENCE N48'31'37"E, A DISTANCE OF 7.42'
FEET TO THE POINT OF BEGINNING.
CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS.
NOTES:
1. NO IVSTRUTdE O OF RECORD fEFI.F1 r= EIIS EATS, RIM9 OF WAY AND/OR
LE END
G OWN 30V WERE FURNISHED TO TM SURVEM 17WT AS SWK
2. THIS SIOM DOES NOT REFLECT OR M38MM OMCRSW
PLS PRORS9MUL NAND SURVEYOR 3. USE OF THIS SKETM BY ANYONE OTHER THAN THOSE PRMARED FOR WRL BE THE
LB RE-USERS SOLE'M WITHOTTT UABM TO THE SURVEYOR.
FM WROMMU FM 4. TFE SWM WAS PREIMRED Wi?•iOIR THE BENEif OF A CURRENT' TTRF COMMITMENT
P013 • PONE OF BEONNDD AND 5 SUBJECT TO EASE'S, RIGHTS-OF-WAY AND SMUR MATTERS OF ME.
5. MERIDIAN BASED ON THE NORTH BOLIDARY OF LOT 44 AS BEAMOJG MCOO'DO'E (P).
PREPARED FOR:
The Related Group I I DATE 4/28/08
DRAININGF I PARCEL-I T ( Project No. SOM
Chocked Br JAC Field Boo@
,Drawn By JAI; JIL Panes
SUNCOAST LAND SURVEYING, Inc.
111 FOREST LAKES BOULEVARD
OLDSMAR. FLA. 34677
BOUNDARY - TOPOMAM - 1 STAIffAUI'
451,3 PHONE (613) 854-1342 FAIL (813) 855-SM
SURVEYOR'S CERTIFICATE
I bw* mrWy W ft SURVEY dep M imam my park m A miler nW F93PONS UE
CwulcE m Dm dun% ad merle 60 IWMN IECNNM MUM act 1v% by
6m FLDR®A BOARD MMUM UND SISYO inprWff 61617-A ROM
AOtMUMMOK CODE pummd to SerSm MW. ROM SIUM
'NOT' 1WJD MOM Tt8 =lay NW AE ORSNN. MW S!II. OF "OS UCBM
SIIUM Me IR.. A /--% I
No.5279
SKETCH of DESCRIPTION
SHEET 2 OF 2 SHEETS
SCALE : 1' = 30'
0' .15' 30' /??--
P ?? - -?' PLMM RIMIT OF W LINE
X19 COLUMBIA S DMSION
/ PLAT WOK 23 PAGE 60
L10
3MI4'(P) PARCEL J h NW C? I
H Ld 44
ix I
I I LOT 44 I LOT 45
LLJI Ia IV
Ia Im
i
m ?? I
y? I THE LLOIID-WHITE-SKINNER SUBDMSION
LLI I a IPLAT BOOK 13 PAGE 12713
J I
? Lot 44
I FIRST A VENUE
I.
LAZE BEARING DISTANCE
L1 S44"28'18'E 1
L2 SOS'29'40'W QAr
L3 SEW30'20'E
L6 N41'0013'W 17.95
L7 N48'31 141
LB 00'W
L9 N05'32'30
L10 N90'00'0D'E 382'
L17 N05'0401
L18 15.W
L19 N493137-E 7.42'
CURVE RADIUS ARC LEWIH CHORD LENGTH CHORD BEARM
C3 .34.00' 2&87' 1 2&13- 1 N28'1129'E D
SWCOAST LAND SMMMG, Inc.
111 FOREST LAKES BOULEVARD
OLDSMAR. FLA. 34877
BOUNDARY - TWOMWMC - C=181 nM STAMMIT
4513 PHONE (813) M4-1342 FAX (813) M-M