FIRST AMENDED AND RESTATED AGREEMENT FOR DEVELOPMENT OF PROPERTY
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009004791 01/08/2009 at 12:56 PM
OFF REC BK: 16466 PG: 1500-1640
DocType:AGM RECORDING: $1200.00
FIRST AMENDED AND RESTATED
AGREEMENT FOR DEVELOPMENT OF PROPERTY
between
THE CITY OF CLEARWATER, FLORIDA
and
K & P CLEARWATER EST ATE, LLC
Dated as of ~~l.... 3o~2008
Table of Contents
Article 1. Definitions
Section 1.01 Definitions
Section 1.02 Use of Words and Phrases
Section 1.03 Florida Statutes
Article 2 Purpose and Description of Project
Section 2.01 Finding of Public Purpose and Benefit
Section 2.02 Purpose of Agreement
Section 2.03 Scope of the Project
Section 2.04 Cooperation of the Parties
Article 3 Regulatory Process
Section 3.01 Land Development Regulations
Section 3.02 Development Approvals and Permits
Section 3.03 Concurrency
Article 4 Plans and Specifications
Section 4.01 Plans and Specifications
Article 5 Project Development
Section 5.01 Ownership of Project Site
Section 5.02 Project Site
Section 5.03 City's Obligations
Section 5.04 Obligations of the Developer
Article 6 [INTENTIONALLY OMITTED]
Article 7 Construction of the Project
Section 7.01 City Not in Privity
Section 7.02 Construction Sequencing
Section 7.03 Construction Plan
Article 8 [INTENTIONALLY OMITTED]
Article 9 Representations, Warranties and Covenants of the Developer
Section 9.01 Representations and Warranties
Section 9.02 Covenants
Article 10 City Representations, Warranties and Covenants
Section 10.01 Representations and Warranties
Section 10.02 Covenants
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5
5
6
6
6
8
9
9
10
11
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11
11
12
14
14
14
15
16
17
17
ii
Article 11 Default; Termination
Section 11.01 Project Default by the Developer 18
Section 11.02 Default by the City 19
Section 11.03 Obligations, Rights and Remedies Cumulative 19
Section 11.04 Non-Action on Failure to Observe Provisions of
this Agreement 19
Section 11.05 Termination Certificate 20
Article 12 Right to Contest
Section 12.01 Right to Contest 20
Article 13 Arbitration
Section 13.01 Agreement to Arbitrate 20
Section 13.02 Appointment of Arbitrators 21
Section 13.03 General Procedures 22
Section 13.04 Majority Rule 22
Section 13.05 Replacement of Arbitrator 22
Section 13.06 Decision of Arbitrators 22
Section 13.07 Expense of Arbitration 22
Section 13.08 Accelerated Arbitration 23
Section 13.09 Applicable Law 23
Section 13.10 Arbitration Proceedings and Records 23
Article 14 Unavoidable Delay
Section 14.01 Unavoidable Delay 24
Article 15 Restrictions on Use
Section 15.01 Restrictions on Use of Project Site 24
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Article 16 Miscellaneous
Section 16.01 Assignments 25
Section 16.02 Successors and Assigns 26
Section 16.03 Notices 26
Section 16.04 Applicable Law and Construction 26
Section 16.05 Venue; Submission to Jurisdiction 27
Section 16.06 Estoppel Certificates 27
Section 16.07 Complete Agreement; Amendments 27
Section 16.08 Captions 28
Section 16.09 Holidays 28
Section 16.10 Exhibits 28
Section 16.11 No Brokers 28
Section 16.12 Not Agents 28
Section 16.13 Recording of Development Agreement 28
Section 16.14 Public Purpose 28
Section 16.15 No General Obligations 28
Section 16.16 Other Requirements of State Law 29
Section 16.17 Technical Amendments 29
Section 16.18 Term; Expiration; Certificate 29
Section 16.19 Approvals Not Unreasonably Withheld 29
Section 16.20 Effective Date 30
IV
EXHIBITS
Legal Description of Developer's Property A
First Street Dedication A-1
Vacations of Rights of Way Ordinances A-2
Project Description and Preliminary Project Plans B
Hotel Quality Standard C
Project Site D
Coordinated Design of South Gulfview
and Beach Walk Improvements E
Declaration of Covenants and Restrictions F
Covenant Regarding Hurricane Evacuation
& Use and Occupancy of Resort Hotel G
Required Permits and Approvals H
Covenant of Unified Use I
Easement Agreement J
Amended and Restated Contract for
Exchange of Real Property K
Representative Cross Section of Second Street L
Parking Protocol M
Developer's Pro Rata Share Calculation and
Repayment Schedule N
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THIS 1 IT AMENDED AND RESTATED AGREEMENT for Development of Property
(together with all exhibits, modifications and amendments, this "Agreement") is made as of this
3 UN- day of 2008, by and between THE CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation (the "City"), and K & P Clearwater Estate, LLC, a Florida limited
liability company (hereinafter refereed to as the "Developer").
WITNESSETH:
WHEREAS, the City and Developer entered into a Development Agreement on March 3, 2005 and
recorded in O.R. book 14168, Page 2397 regarding the certain property located at generally 100
Coronado Drive, 201, 215 and 219 South Gulfview Boulevard ("Developer's Property");
WHEREAS, the City and Developer subsequently amended the Agreement on March 22, 2006 and
recorded in Pinellas County Records U.R. Book 15023, Page 1494-1500;
WHEREAS, one of the major elements of the 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 ("Destination Resort Density 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 Destination Resort Density Pool to overnight
accommodations and limits tenancies to 30 days or less;
WHEREAS, a key criteria for eligibility for the Destination Resort Density 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 including both interval
ownership/timesharing units and traditional hotel units and associated amenities 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 eight (8) 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 or Developer will make
payment to the city in lieu of providing such spaces;
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;
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 § 4-206 and 4-606 of the
Community Development Code;
WHEREAS, at a duly called public meeting on 2008, 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. "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.
2. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
3. "City Council" means the governing body of the City.
4. "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.
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5. "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.
6. "Destination Resort Density Pool" or "Destination Resort Density Pool Units" means the
hotel unit density pool created by the City pursuant to Article V, section B of Beach by Design and
the associated Hotel Units.
7. "Developer" means, K&P Clearwater Estate, LLC, and its successors and assigns (see
Article 16).
8. "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.
9. "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.
10. "Basement Agreement" means that easement granted to the Developer to allow the
construction, operation, maintenance, repair, replacement and other matters concerning or affecting
the Palm Court area substantially in the form of Exhibit J attached hereto.
11. "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.
12. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms
existing on the Developer's Property as of the date of approval of the original Development
Agreement dated March 3, 2005.
13. "Expiration Date" means that date ten (10) years following the Effective Date on which
this Agreement automatically expires.
14. "Interval Ownership Units" means a maximum of 200 interval ownership/timeshare units
as defined in the Community Development Code, which will be sold to more than one owner for use
for a period of time not to exceed 30 consecutive days.
15. "Hotel" means that part of the Project, containing the Hotel Units, together with
amenities and common areas located on the Project Site, but excluding the portion of the Project
which contains the Interval Ownership Units.
16. "Hotel Units" means the 250 Destination Resort Density Pool Units.
17. "Land Exchange" means that property exchange which either occurred or is to occur on
the terms and conditions set forth in Exhibit K hereto.
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18. "Meeting Space" means any building floor area within the Project which can be used for
conference or meeting activities.
19. "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). Remaining payment schedule is
attached hereto as Exhibit N.
20. "Palm Court easement" means that area subject to the Easement Agreement constructed
by the Developer and connecting the Project to the public Beach Walk.
21. "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.
22. "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.
23. "Project" means, collectively, development of the Project Site as a Resort Hotel together
with accessory retail and restaurant uses which is proposed by the Developer as described in this
Agreement and in the preliminary plans therefore which are attached hereto as Exhibit B.
24. "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
Second Street, and (d) on the west by Beach Walk, which site is more particularly described on
Exhibit D.
25. "Public Parking Spaces" means eight 8 parking spaces or payment in lieu of to be
provided by Developer in the Project for use by the general public as described more fully in
Paragraph 2.03(1) of this Agreement.
26. "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 Project Site, as situated following the Land Exchange and as shown in the
Project Plans depicted in Exhibit B.
27. "Relocated South Gulfview" means that two (2)-lane, two-way public road
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.
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28. "Resort Hotel" means the Hotel together the Interval Ownership Units proposed as
part of the Project.
29. "Resort Hotel Units" means both Interval Ownership Units and Hotel Units.
30. "Second 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 L
hereto.
31. "Second 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-1 hereto and recorded in O.R. Book 15085, Page 2109, Public Records of Pinellas County,
Florida.
32. "South Gulfview and Beach Walk Improvements" means (a) the 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 E hereto and as constructed by the City.
33. "Vacations of Rights of Way" means the abandonment by the City in favor of the
Developer in furtherance of the goals and objectives of the Comprehensive Plan, of (a) the former
right-of-way of First Street between the western boundary of the existing right of way of Coronado
and the centerline of the existing right of way of South Gulfview ("First Street Vacation"), (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") and (c) other such
miscellaneous parcels necessary to create the Project Site. Such parcels and associated ordinances to
be abandoned are more particularly described on Exhibit A-2 hereto.
1.02. Use of Words and Phrases. Words of the 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.
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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 adjacent 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 Palm Court easement area to be
constructed as apart of the Project.
2.02. Purpose of Agreement. The purpose of this 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 and its
approved accessory uses including restaurant, retail and spa uses as described in Sec. 2.03.1 and shall
be developed in substantial conformity with the preliminary plans of development which are attached
as Exhibit B. 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 permitted use on the Project Site
shall be:
a. Public Parking - Developer shall provide the Public Parking Spaces or
payment in lieu of 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 private parking spaces for use
in connection with the Project.
C. Hotel - The Hotel shall include 250 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.
Hotel Units shall be required to be submitted to a rental program requiring that such units be
available for overnight hotel guests on a transient basis at all times, subject to force majeure events
or renovation activities making such rooms unavailable for occupancy.
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d. Timeshare - The portion of the Resort Hotel where the Interval Ownership
Units shall be located as shown on the Development Plan in Exhibit B. Such area shall include no
more than the 200 Existing Hotel Units and shall not include the 250 Destination Resort Density
Pool.
2. Minimum Quality Standards - In order to assure the high quality resort experience
called for under this Agreement, all Hotel Units, shall be operated by a single hotel operator and all
Interval Ownership Units shall be operated by a single operator, both of which shall meet the
requirements as to operating standards set forth in Exhibit C of this Agreement.
3. The Developer has received Flexible Development approval to build four hundred and
fifty (450) Resort Hotel Units consisting of two hundred and fifty (250) Hotel Units and two hundred
(200) Interval Ownership Units within the Project pursuant to a Flexible Development Application.
Notwithstanding anything to the contrary in this Agreement, Developer may choose to increase the
number of Hotel Units by reducing the number of Interval Ownership Units as provided in the
Flexible Development Approval so long as the Resort Hotel does not exceed 450 Resort Hotel Units.
4. 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 permitted under Florida Statutes, including, without limitation, individual ownership, provided
that the requirements as to availability for transient occupancy and as to a single hotel opPratOT set
forth in 2.03 (1) (c) are satisfied.
5. Up to twenty-five percent (25%) of the 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 Units, may be suites with kitchens, including all typical kitchen equipment and
amenities. In addition, partial kitchens or mini-kitchens may be permitted. One hundred percent
(100%) of the Interval Ownership Units may have kitchens, including all standard kitchen equipment
and amenities.
6. Notwithstanding any other provision of this Agreement, no occupancy in excess of
thirty (30) consecutive days per stay shall be permitted in any Resort Hotel Unit. In addition, no
Hotel Unit or Interval Ownership 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 Interval Ownership Units and Hotel
Units, implementing this paragraph.
7. As a condition of the allocation of Destination Resort Density Pool 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:
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a. The Resort Hotel shall provide a full range of on and off site amenities for
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 Resort Hotel shall be operated as a national or international "flag" or as
part of another comparable marketing affiliation or program which will ensure support of the
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 C ("Minimum Quality Standards"), shall constitute
compliance with the resort quality standards of Beach by Design.
C. The Resort 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 meets this requirement.
d. Prior to the issuance of a final certificate of occupancy for the Resort Hotel,
the Developer shall record a covenant and restriction which is enforceable by the. City substantially
in the form of Exhibit F, limiting the use and operation of the Resort Hotel, obligating the Developer
to develop, implement and operate, at all times when the Resort Hotel is open, a trip generation
management program which shall include the provision of non-private automobile access to and
from the Resort Hotel for Resort 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 of a building permit authorizing the construction of the
Project, the Developer shall record a covenant and restriction which is enforceable by the City,
substantially in the form of Exhibit G, addressing the use and operation of the Resort 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 Resort 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 of this Agreement are carried out
to the full extent contemplated hereby and the Project is designed, constructed, completed and
operated as provided herein.
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ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
1. Land Use Designation. The Project Site has a land use plan designation of Resort
Facilities High and a zoning designation of Tourist.
2. Amendments to Comprehensive Plan & Land Development Regulations. The
City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and
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 Destination Resort Density 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) Resort Hotel Units. The allocation of the Destination Resort Density Pool Units
shall expire and be of no further force and effect unless Developer completes payment of
Developer's Pro Rata Share as provided in Paragraph 5.05 and the Commencement Date occurs on
or before three (3) years after the Effective Date of this Agreement. Notwithstanding the foregoing,
the Deveioper may request an amendment to this Agreement as provided by the Community
Development Code.
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 H. 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
9
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 or legislative approvals except
through its established procedures and in accordance with applicable provisions of law.
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
for the South Gulfview and Beach Walk Improvements are described on Exhibit E 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. A schedule of Developer's Pro Rata Share is described in Exhibit N attached hereto.
3.03. Concurrency.
1. Concurrency Required. The parties hereto recognize and acknowledge that Florida
law (specifically, Part H, Chapter 163, F. S., and Rule 9J-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 of this 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 Project.
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ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibility 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.
5.01. Ownership of Project Site. The Developer is the owner of the Project Site after effectuation
of the Land Swap and First Street Dedication.
5.02. Project Site. The Project Site consists of the property more particularly described in
Exhibit D.
5.03. City's Obligations.
1. Vacations of Rights-of-Way. The City Council has adopted ordinances vacating (a)
the First Street Vacation, and (b) the South Gulfview Vacation, both as described on Exhibit A-2
subject to conditions contained therein. The City shall consider the adoption of an ordinance
vacating a small parcel of land along South Gulfview Boulevard, as described in Exhibit C of
Exhibit K as Parcel J. The City hereby acknowledges that Developer is relying on the City's vacation
as described herein. The Developer acknowledges that the granting of such vacation is discretionary
by the City Council.
Furthermore, the City hereby acknowledges that some conditions set forth in vacation ordinances
shown in Exhibit A-2 have been met. Regarding commencement date specified in such ordinance,
City agrees to reconsider such date and consider an amendment to such ordinance to create
consistency amongst all project-related deadlines.
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 of the 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 Seating. 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
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connection, the City shall consider Developer's application pursuant to the provisions of the City's
Land Development Regulations.
5. Palm Court Easement. Upon request by Developer, the City shall grant the
Developer the ability to construct certain improvements in a portion of city property west of the
Property and, in that connection, the City shall grant to the Developer an Easement Agreement as
described in Exhibit J, which shall be executed and recorded prior to issuance of building permits.
6. Land Exchange. The City is the owner of that portion of South Gulfview abutting
the north boundary of the Developer's Property as more particularly described as "Parcel 1 " in the
Contract for Exchange of Real Property attached hereto as Exhibit K. The Developer is the owner of
that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit K.
The City and the Developer agree that said properties have a comparable appraised value for the
purposes of § 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said
parcels as provided in Exhibit K and the Council hereby authorizes execution thereof.
7. Timely 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
$. Project Construction. The City agrees to reasonably cooperate with the Developer
regarding,tlie staging area necessary for the construction of the Project. The City agrees to the
Developer's use of City property to the west of the Project Site, east of South Gulfview Boulevard,
contingent upon the Developer returning such area to its improved condition within 30 days of
receipt of certificate of occupancy.
5.04. Obligations of the Developer.
1. Development and Operation of the Project. The Project shall be built and operated
in accordance with the requirements set forth in this Agreement. The Resort Hotel which is a
component of the Project, shall contain no more than two hundred and fifty (250) Hotel units and no
more than two hundred (200) Interval Ownership Units. The Resort Hotel shall conform to the
Minimum Quality Standard as provided for in Exhibit C.
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. Second 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
Second Street, including pavement, sidewalks and streetscaping. Construction of Second Street shall
be completed on or before the issuance of a final certificate of occupancy for the Project described in
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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 L.
4. Public Parkina Spaces; Parkine Protocol If applicable, 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 eighteen (18) feet, and
no two-way aisle shall be less than twenty four (24) feet in width. The Developer shall provide (i)
eight (8) Public Parking Spaces, or (ii) may make payment to the City in lieu of providing such
spaces of no more than $30,000 per space or $240,000 total. Such payment shall be calculated based
on the total cost of City-provided public parking on Clearwater Beach, including but not limited to
construction and land costs, but in no way shall exceed agreed upon price.
The Developer shall implement the Parking Protocol described on Exhibit 0, which
shall be applicable to all parking with in the Project.
5. Dedication of Palm Court easement area. The Palm Court easement area shall be
open to the public and operated in accordance with the terms of the Easement Agreement.
6. 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:
The City has completed construction of all of the South Gulfview and Beach Walk
Improvements. The Developer has established a letter of credit, trust account or escrow
facility for the payment of the Developer's Pro Rata Share (the "Share Payment Facility").
The Share Payment Facility makes 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 is 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").
In the event that the Developer's Pro Rata Share is less than anticipated 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.
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7. Covenant of Unified Use. Prior to the issuance of the 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 and operated as a single project, the
form of which covenant is attached as Exhibit J; provided however, that nothing shall preclude the
Developer from selling the Interval Ownership Units or from selling all or a portion of the
Developer's Property in the event that Developer determines not to construct the Project. 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, termination or
revocation any rights of Developer to incorporate the Destination Resort Density Pool 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 Records of Pinellas County, Florida.
8. Project Obligations. 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.
9. Dedications. Asa condition of the 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 Second Street Dedication, the Coronado Dedication and effect the Land
Exchange.
ARTICLE 6. (INTENTIONALLY OMITTED.1
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 of the Proj ect.
7.03 Construction Plan. The Developer shall submit to the City a construction management plan.
Such plan shall provide for the maintenance of or replacement of public improvements impacted by
construction including but not limited to North and South Gulfview, Beach Walk, Coronado, Second
Street and all associated green space, landscaping and streetscaping.
ARTICLE 8. [INTENTIONALLY OMITTED]
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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 ihe execution
and delivery thereof, nor compliance with the terns 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.
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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 be 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 T ermination
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 of the 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
of the 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,
16
condition, occurrence, or change in its financial condition which adversely affects, or with the
passage of time 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.
.0.01. 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 of the 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 nine, 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 trast, 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
17
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
of the 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 of indebtedness, 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 herein, 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.
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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 timeshare unit or common area conveyed by the Developer to an unrelated third
party or to a timeshare association which is not controlled by the Developer.
11.02. Default by the City.
1 There shall be an "event of default" 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 hereof by
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 of the 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 this 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 of this Agreement. The failure of the City or
the Developer to promptly or continually insist upon strict performance of any term, covenant,
19
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
(subject to those 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 Pinellas 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
20
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 such performance 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 after receipt of the notice described in subparagraph (1),
the other party shall by written notice to the original party acknowhAge 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) days notice to the parties, proceed to
determine such matter.
C. If the 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.
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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 of the 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 :n 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 of the arbitrator(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 Arbitration. 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 of the 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)
22
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, either party to such proceeding
may invoke accelerated arbitration by giving notice thereof to 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 not 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.
23
ARTICLE 14. UNAVOIDABLE DELAY.
14.01. Unavoidable Delay.
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 (2) 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 law, 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 of time 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 so use the Project or 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
24
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.
ARTICLE 16. MISCELLANEOUS.
16.01. Assignments.
1. By the Developer.
a. Prior to the Commencement Date, the Developer may sell, convey, assign
or otherwise dispose of any or all of its right, title, interest and obligations in and to the
Project, or any part thereof, only with the prior written consent of the City, provided that
such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance,
assignment or other disposition by the Developer to the assignee, shall be bound by the
terms of this Agreement the same as the Developer for such part of the Project as is
subject to such sale, conveyance, assignment or other disposition.
b. If the assignee of the Developer's right, title, interest and obligations in
and to the Project, or any part thereof assumes all of the Developer's obligations
hereunder for the Project, or that part subject to such sale, conveyance, assignment or
other disposition, 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 of the Project, or any part thereof, by the Developer to any
corporation, limited partnership, limited liability company, general partnership, or joint
venture, in which the Developer (or an entity under common control with Developer) has
either the controlling interest or through a joint venture or other arrangement shares equal
management rights and maintains such controlling interest or equal management rights
shall not be deemed an assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Section 18.01, 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 assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to any one Parcel shall in any way be
obligated or responsible for any of the Developer's obligations with respect to any other
Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or
acquire has expressly assumed the Developer's such other obligations.
e. Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
25
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, LLC
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, FL 33609
with copies to:
E.D. Armstrong 1H, 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.
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.
26
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 of its 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 -co 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
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.
27
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.
1.6.09. 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
observed 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 terra of this Agreement, neither party hereunder is are 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. Recording of Development 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 Obligation. 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
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.
28
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 of the 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 Pinellas County, Florida. Following execution by all of the parties
hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the
public records of Pinellas 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,
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.
29
16.20. Effective Date. As provided by §163.3239, Florida Statutes (2008), 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]
30
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
below.
Attest:
By: ?5? of r M
1Ci Clerk
Avnroveid as to form.
Pamela k. Akin
City Attorney
State of Florida
County of Pinellas
The City Florida of Clearwater, Florida
/'/ xx
The foregoing instrument was acknowledged before me this -? da
2008, by _MCLY ILA-ic v?? and`_-4yc-vJW.l-1 IL ? , ?Mayor and City
Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
BY - --
Signature of Notary Public
Karen B. Vaughan
commission # DD500919
;h Expires December 20, 2009
*F'IN% 6"GH T11Y Fein 102mmAaa 10 AN44 .1019
My Commission Expires:
Printed, typed or stamp
31
Witnesses:
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
Florida limited liability company,
General Parxner 17
Roby A. Moehring LIJ
y .
State of Florida )
County of Pinellas )
By:
C. Patel
ring ?1Glember
The foregoing instrument was acknowledged before me this /'_y_M_ day of _November 2008.
by Kiran C. Patel, 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. Manager of
K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, on behalf of the
corporation, who is personally known to me or
ift4lign-O
By: S,
Si ature of Notary Public
My Commission Expires: ; Qz?:Y•Py
Printed, typed or stamp =* Commission # DD449633
Expires September 2, 2009
'r,, Oenoed Trey r«n . 1e6r«40, Inc, 8o0.7YS701
11/14/2008 9:36 AM
49313.115456
41463651 v2 - TRG%Patel Development Agreement.frnal
32
EXHIBIT A
DEVELOPER'S PROPERTY
Parcel I:
Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23,
Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of
Gulf View Boulevard adjacent to said Lot 1, and 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 also Lots 44, 45, 46, 47,
90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to
plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida,
together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93.
Parcel II:
Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida.
Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13,
Public Records of Pinellas County, Florida.
EXHIBIT A-1
First Street Dedication.
T#:2006158424 PIK: 15085-'PG: 2109, 04/2812006 at'11:04 AM, RECORDING 1 PAGES
$10.00 D DOC BTAMP COLLECTION $3500.00 KEN BURKE, CLERK OF COURT PINELLAS
COUNTY, FL BY DEVt= CLERK: CLK8P18
I
i Documebt Pr6phred by & return to:
KENNETH G. ARSENAULT, JR.
TIME A-GENCY OF FLORIDA, INC... ?y
10225 UlmertrntRd. Suite 2
.Larp,FL 33771 v
Parcel # fir
File #06-066
WARRANTY DEED
.,•N.1 ,
THIS llVDE ,?' this day of • March WW, between K & P CLEARWATER ESTATE, LLC, a_
Florida limited liability hereinafter called the Grantor. to THE CITY OF CLEARWATER, FLORIDA; . a
Florida municipal c ?lerebiafter called the Granter having the principal address of:
r; Avenue C1gEL 33758
tors, for and in consideration of the sum-of Ten Dollars (510.00), and other good and valuable
.WIT14E35ETH: fhdAy
considerations,.t?h ieo,eipt and sufficiency of which is hereby acknowledged, by these presents do grant, bargain, sell, alien,
remise, releasg; ?'" 1"` convey and confirm unto the Grantees, all that certain parcel of land lying and being in the County of
Pinellas, State pt!! prida, more particularly described as follows:.
The sou 6-• by feet of Lot 55; TOGETHER WITH Lots 56 and 103 LESS The southerly 20.0 feet thereof;
TOG WITH.the southerly 30.0 feet of Lot 102, LLOYD-WRITE-SKINNER SUBDIVISION, as recorded in Plat
Book, (3,. fag 12, public records of Pinellas County, Florida
S ,'1 O TAXES FOR THE YEAR 2006 AND SUBSEQUENT YEARS '
SlPf TO RESTRICTIONS AND EASEMENTS OF RECORD.
TO HAVE AND TO HOLD the seine in fee simple forever.
and the Grantor hereby covenants with said Grantee that it is lawfully seized of add land in fee simple; that it has good
right and lawful authority to sell'and convey said land; that it hereby fully warrants the title to said land and will defend the
same against the lawful claims of all,persons whomsoever, and that said land is free of all encumbrances.
IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands and seals the day and year first above-written.
SIGNED SEALED AND DELIVERED
IN OUR PRESENCE: K & R' CLEARWATER ESTATE, LLC
A Florida limited-liability company
By. K & P Partners Limited Partnership,
Witnes #1: fz/z a Florida limited partnership
As its Managing Member
By. K & P HOLDING, L.C.,
^ A Florida limited liability company '
Uc Its sole artner
Witness #2: A ?- 10 S
By:
K- PATEL, Manager
STATE OF FL IpA
COUNTY OF ??
The foregoing Instrument was acknowledged before me this y of 2008, bylORAN C. PATEL
and PALLAVI K. PATEL, as Managers of K &•P HOLDING, LC., a Florida IlmRed kbi comparry, as the sole General Partner
of K & P PARTNERS LIMITED PARTNERSHIP, a FkxWa Limited Partnership as Managing Member of K & P CLEARWATER
ESTATE, LLC, a Florida 6inbd liability company
i J/.7J?7
' ? Personaly known
_ Florida Drivers License Notary-ptac
Other Identification Produced
PFk or tyW name of Notary
(SEAL) L RtlNhiar
W=4=s# ME4116 Whit
' 7aas 7, 3007
• romeeiaorraarauuxctsc '
SKETCH of DESCRIPTION
SHEET 1 OF 2 SHEETS
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, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
CONTAINS: 12,600 SQUARE FEET (0.2893 ACRES), MORE OR LESS.
LEGEND
PLS PMFEMWUL I= 9AtMW
LB LCQL4D BN9ESS
FM MRXWAM
MW or 013MPM UFUw1101WI
PW PONT OF BMW=
NOT m-
. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAY AND/OR
OWNERSHIP WERE FURNISHED TO THIS SURVEYOR 0(CEPT AS SHOWN.
2 THIS SKETCH DDES NOT REFLECT OR DETIItMWE OWNERSHIP.
3. USE OF THUS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE THE
RE-USERS SOLE RISC WITHOUT LIABILITY TO THE SURVEYOR.
4. THE SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT
AND IS MUM TT) EASEMENTS, RIGHTS-OF-WAY AND SIMILAR MATTERS OF TITLE.
H?FiETPAFUM FM ?DRAWHNG# PARCEL-E Project No. 8021
The RelatedP DATE 4/28/06 Checksd By ,IAC FTald Book
DraMe BY JAC Peeea
SURVEYOR'S CFRMFICATE
SMCOAST LAND SORUM% Inc. I I-bl ON* *At VE S AU dr MW I? M Pedmmd mds IM NSParULE
WVRM m N. +m o, and m eft Vw UMNt IMMC IL S WaM ad toile by
111 FOREST LAKES BOULEVARD tM FLORA 0 8F Pp emmK L NO SANEMN b per GIM7-4 RWaM
OLDSMAR, FLA. 34677 AWti4BAUVE 000E pmwd to SKbm 472.027, ROM STRUM
Na 1Am NOtmOT IM Z=W4 AM IM pOI?E g?? ?
BOIRmIIRY - TOPOGRAPHIC - tX21SIRUC7gN SDIIEOUT 4JAVEYOR me WNW r/A?11i?7`
LB 4513 PHONE (" "1342 FAX (m3) =-a m
SKETCH of DESCRIPTION
SHEET 2 OF 2 SHEETS I LOT 100 I a
Ga i o . LOT 54 i i yo°I
'¦_ L I I
? THE LLOYD-WHITE-S INNER SUBDIVISION I
PLAT BOOK 13 P 12-13 I
SCALE . 1" = 30' Q I - _ ?10?? _ I ? I
W I - - - -? LOT 101 I I I
I
? 15' 30' Iv LOT 55 I Ll1
I
0 ?o L._ I I
Uj 4--therly 20' Lot 55 I i 0
IL - - _ _ - J LOT 102
I Southerly 30' Lot 102
a ? - 0
U( c LOT 56 --_-_?? (Y
PARC4L E "L 0
PER O.R. BOOK P5085 PAGE 2109
I I LOT 103
I I o
LESS THE
?__---_- SOUTHERLY+ 20,00 FEET T
HEREOF I
I _ I
I LOT 57 10o'(p5--Z --
LOT 104 I
I
--? SUNCOAST LAND SURVEYING, Inc. ?
EXHIBIT A-2
VACATIONS OF RIGHTS OF WAY
Ordinances passed 2008
I#: 2008111902 BK: 16229 PG: 1974, 04/24/2008 at 09:42 AM, RECORDING 4 PAGES
$35.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKDM03
3 ,
EXHIBIT "A-2"
4WD
1 .r
AN ORDIRS? ?E' OF THE CITY OF CLEARWATER,
FLORIDA, ?NDING ORDINANCE NO. 7372-05, WHICH
VACATED PORTION OF THE EASTERLY ONE-HALF OF
THE 1 ,70- FOOT RIGHT-OF-WAY OF GULFVIEW
BOUT , b, (A.K.A. SOUTH GULFVIEW BOULEVARD
PE ' ?X,*FI 'D), SUBJECT TO SPECIAL CONDITIONS;
EST G THE REQUIRED DATE FOR
"CEMENT OF VERTICAL CONSTRUCTION;
P ING AN EFFECTIVE DATE.,
WHERIM in Ordinance No. 7372-05, the City of Clearwater vacated the right-of-
way depot" tn-Exhibit A attached hereto, subject to certain conditions; and
SEAS, pursuant to the request of K and P Clearwater Estate, LLC, the
the City Council finds that it is deemed to be in the best interest of the City
ral public to amend the conditions of the vacation; now,, therefore,
' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
C1• L, l OF CLEARWATER, FLORIDA:
`?.Section 1. The following:
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, and being a part of said Gulf View Boulevard,
as 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 Public Records of Pinellas County,
Florida, all lying in the east % of Section 7, Township 29 South, Range 15 east, Pinellas
County, Florida, and more fully described In the legal description Exhibit W attached
hereto;
Together with 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, lying in the east % of
Section 7, Township 29 South, Range 15 East, and the west's of Section 8, Township
29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal
description Exhibit '13° attached hereto, are hereby vacated, subject to the following
conditions:
1) The project described within the Development Agreement between the City of
Clearwater and K & P Clearwater Estate, LLC CDevelopment Agreement')
shall commence vertical construction no later than March 3, 2010.
2) Developer shall demolish and remove existing structures on the project site by
October 31, 2008.
3) All public and private utilities shall be relocated by K & P Clearwater Estate,
Ordinance No. 7947-08
PINELLAS COUNTY FL OFF. REC. BK 16229 PG 1975
P
4) The public verldr and pedestrian use of the subject right of way shall be
maintained unfihstich time as a suitable paved roadway is constructed to the
west of ttj!kp', sect right of way to accommodate two lanes of two way traffic
capacity, N ° f
5) Paymegt? L- Developer's pro rata share of the Beach Walk Construction as
identifled;'r ie Development Agreement.
6) Thi Orra 6n ordinance shall be rendered null and void if any of the preceding
cod'?'d are not met.
ti ?!
LLC at its own eg p and to the approval and acceptance of the utility
owners with all ciff,service utilities removed prior to the completion of the
project.
Y
a'
2. The City Clerk shall record this ordinance in the public records of
, Florida, following adoption.
This ordinance shall take effect immediately upon adoption.
XPASSED ON FIRST READING
L PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
0. kA At-'-
April 3, 2008
April 17, 2008
V. Hibbard .
Mayor
Attest:
PINELLAS COUNTY FL OFF. REC. BK 16229 PG 1976
EXHIBIT "A" (? { ORDINANCE 7947-08
ffjJrr? ??.?..1
A PARCEL OF L4NO PEING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED 0 ;PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO
H Pt
F, AS RECORDED IN PLAT BOOK 23, PAGE 80, OF THE
THE PLAT T. I
PUBIC REC01z FPINELLAS COUNTY, FLORIDA, AND BEING A PART
OF SAID _ IEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-
WHITE , KLMNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECO PLAT BOOK 13, PAGES 12 AND T3, OF THE PUBLIC
RECD . • F PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST Y 20F
SEC ?.QNJ, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLt ;'BEING MORE PARTICULARLY DESCRIBED BELOW:
('W094NING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-
--WHITE-SKINNER SUBDIVISION: THENCE 8.05032'30."W. ALONG THE EAST
L•
HT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET
t? TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05032'300W., A
`?,,OISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF
AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE
S.05032'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF
VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
160.45 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.41 028'18"E., A DISTANCE OF 16.56
FEET; THENCE S.05"29'40"W., A DISTANCE OF 0.58 FEET; THENCE
S.84030'20"E., A DISTANCE OF 8.00 FEET; THENCE N.05929'40"E., A
DISTANCE OF 18.97 FEET; THENCE CONTINUE N.05029'40"E., A DISTANCE
OF 1.03 FEET; THENCE N.41"00'13"W., A DISTANCE OF1 7.95 FEET,
THENCE N.48"31'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90000'00"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
AjID A CHORD BEARING OF S.28"1 1'29"W.; THENCE S.05"32'300W. 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.
CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS.
PINET-1-A COUNTY FL OFF. REC. BK 16229 PG 1977
EXHIBIT,"B" ORDINANCE 7947-08
• ? f?LJ /
A PARCEL OF LAN "BEING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED ON ./PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE
PLAT THEREQF~;,A$ RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBLIC RECOO?W, itlb
F PINELLAS COUNTY, FLORIDA, LYING IN THE EAST 1%
OF SECTIO ,`L1,?WNSHIP 29 SOUTH, RANGE 15 EAST- AND THE WEST'/
OF SECTI,QL1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS'COUNTY,
FLORIDA}?-461
, G MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMW&tNG AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
WHIT ?-S - INNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
REEC?RDtD ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS
O,F (NELLAS COUNTY, FLORIDA; THENCE N.90000'00"E., ALONG THE
Idt BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE
3',°,82'30"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
t --•GCI,F VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A
titAVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-
,\' Y 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.2801 1290E. 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.63052'46"E.; THENCE
S.89054'00t., 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.45059'54'E. TO A POINT OF NON-TANGENT CURVE; THENCE
WESTERLY ALONG THE SOUTHERLY RIGHT-0F=-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°5543"W.; THENCE N.8954'00"W. ALONG SAID
SOUTHERLY RIGHT-0F-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF
145.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID
SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD
BEING A CURVE TO THE 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 8.70027'47"W.TO THE POINT OF BEGINNING.
CONTAINING 6256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS.
I#: 2008111903 BK: 16229 PG: 1978, 04/24/.2008 at 09:42 AM, RECORDING 2 PAGES
$18.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKDM03
AN ORDI?AA 11=- OF THE CITY OF CLEARWATER,
FLORIDA, ENDING ORDINANCE NO. 7371-05 AS
AMENDED V ORDINANCE NO. 7598-06, WHICH
VACXII?R,A4 PORTION OF THE 60-FOOT RIGHT-OF-WAY
OF PIRSTRAVENUE, (A.K.A. FIRST STREET PER FIELD),
SU@3%?? TO SPECIAL CONDITIONS TO AMEND THE
SP6i' CONDITIONS; ' PROVIDING AN EFFECTIVE
WHt49; in Ordinance No. 7371-05, the City of Clearwater vacated the right-of-
way depiq q in xhlbit A attached hereto, subject to certain conditions; and
NS, Ordinance No. 7371-05 was.amended by Ordinance No. 7598-06 to
for commencement of vertical construction to March 3, 2008; and
,^,N,MEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the
". eveper,n the City Council finds that it is deemed to be in the best interest of the City
a general public to amend the conditions of the vacation; now, therefore,
1.3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. That Section 1 of Ordinance No. 7371-05 Is hereby amended to read
as follows:
The following:
Vacate a portion of the 60-foot right-of-way of First Avenue, (A.KA. First Street per
field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public records. of Pinellas County, Florida, more particularly
described as: From the southwest comer of Lot 55, Lloyd-White-Skinner
Subdivision, as recorded In Plat Book 13, Page 12 of the Official Records of
Pinellas County, Florida, run thence N05°32'30"E along the easterly right of way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest comer of Lot 48 of said
Lloyd White Skinner subdivision, thence'N05°32'30'E 60.00 feet to the southwest
comer of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27'30"E along the
northerly right of way line Pf First Avenue, Lloyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05032'30"vV along a line 18 feet west of and
parallel with the westerly right of way fine.of Coronado Avenue as shown on the
plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84°27'30'W along said southerly
right of way fine a distance of 192.00 feet to the Point of Beginning, subject to the
following conditions:
Ordinance No. 7948-08
PINELLAS coLilm FL OFF. REC. BK 16229 PG 1979
1)' The project feac??,?within the Development Agreement between the
City of Clea3t*,'', nd K and P Clearwater Estate, LLC adopted by
Resolution p0W !land as thereafter amended, (the Development
Agreement' shall commence vertical construction by no later than
March 3,2k'W
2) ' DeveloReF4 f' demolish and remove existing structures on the project
site by, p1iJ;Wr 31, 2008.
3) All pu io•'ard private utilities shall be relocated the Developer at its own
expgn ' d to the approval and acceptance of the utility owners with
alb, -U'f ervice utilities removed prior to the completion of the project,
4) lion shall become effective only after the Developer grants the
6?1 foo right of way for Relocated First Street to the City as provided in
i ,S q's.,DevelopmentAgreement.
A /'04ment by the Developer of the cost of construction of the relocated
--zOrst Street or the posting of security sufficient to guarantee construction
Hof the relocated First Street as provided in the Development Agreement.
44'This vacation ordinance shall be rendered null and void if any of the preceding
-? z conditions are not met.
L' Section 2. The City Clerk shall record this ordinance in the public records of
Has County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption. -
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
A
proved as to form:
1J b- i
Pamela K. Akin
City Attomey
Ah--TURN TO: CITY CLERK
112 S. OSCEOLA AVE
CLEARWATEK-FL 33756
. • n, + is 1ryy,
April 3, 2008
April 17, 2008
n V. Hibbard
Mayor
1,.
SKETCH of DESCRIPTION
SHEET 1 OF 2 SHEM
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 BOOK 13,
PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELIAS COUNTY , FLORIDA; THENCE
N90'00'0OT. ALONG THE NORTH BOUNDARY OF SAID LOT 44. A DISTANCE OF 3.82
FEET; THENCE N(632'30'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, BLOCK 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 N90'00.OOV, A DISTANCE OF
34.32 FEET; THENCE S48'3137W, A DISTANCE OF 14.15 FEET FORA POINT OF
BEGINNING; THENCE S41'00'13'E, 17.95 FEET; THENCE S05'29'40'W, 20.00 FEEL;
THENCE N84 30'20V, 6.00 FEET. THENCE NOS29'40'E, 0.58 FEET; THENCE
N41'28'181W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF SAID GULF VIEW BOULEVARD; THENCE N05'V30'E, ALONG SAID
CENTERLINE A DISTANCE OF 15.06 FEET; THENCE N48'3137E, A DISTANCE OF 7.42
FEET TO THE POINT OF BEGINNING.
CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS.
NOITS:
1. NO MSIMIIENIS OF RECORD REFI.ECW FASEME M RIGHT OF WAY AND/OR
LEGEND 0111NOMW WOE ROM W 7D 7185 SURVEYOR ECEPT AS SHDWN.
2 IM SKEM DOES NOT REFLECT OR =EIM E OMMEMW
PL
LB ucam ? SuRcm
3. USE OF 7M SKUM BY AMNE GM MM WISE PREPARED FOR WILL BE THE
LB ?
wm RE-ISER4 SOLE RS( WITHOUT LUB9.ITY TO 7HE SUNEYOR.
t THE SKETCH WqS PRfFWa VIM =1HE BE?IF}7T OF
O® Q OE
DM
MWO A CISRE?R TITLE COIMIIM
POB
OF AND LS SW= TO EASE]If]lIS, RKHM-OF-WAY AND SN" IIATIERS OF TITLE
5 mm ON 7NE NORTH BOImw OF LOi 44 m Bi hm IWIO' nn (p).
PREPARED FOR: If The Roimftd crop DATE': 4/28/08
_ORAWB4 0 I PARCEL-I "Wt Na 8021
Checked By ,IOC Field Book
Dann By JAC I it Pease
STTNCOASP LAND SQB9 mG, Inc.
111 FDREST LAKES BOULEVARD
aMSIdAR, FLA. 34677
B n BMNMRY - TOPOQUPH C - 024418 oral SOMOe01fT
I 45113 MM MM 854-1342 FAX (813 855-8890
SURVEYOR'S CFAiWIC7WE
ok and on gnu depdd bmm m pdaprd mdmr oq RE?B
i NBOMm Mr j amok and am b s. 66i6Y 1 3M L 990 .e bdb tv
14rFEMOeL LM SURNM b Cbapbr 61617-4 RAW
i6E C91E rmmd b &On 4MW Mob SL61613
mm DE AID 11E 6RK `i OF Aaaw ummsm
MO YrP . may 11 A e1
1
SKETCH of DESCRIPTION
SHEEP 2 OF.2 SHEM
SCALE : 1' = 30'
/
lool
15' 30'
P.QB /?L 18 - -21 RAM RI91i•OF WAY UNE
COLUMBIA = M Ile
SUBDIVISION
PLAT BOOK 23 PAGE Ba
L10
30.14'(P) ?- - - - -
PARCEL ,T I 1
NW Coma
I$ Lot 44 1
Ig i
? I 1
m I
I N I LOT 44 I LOT 45
j 1yas I? ??
1 I
15 19 1o
O
m 66 1 1
a IA THE IL&D-WHITE-SKINNER SUBDIVISION
of
BOOK 13 PAGE 12-13
,55 113 IN
I I
I
L
J ?
? Winer'-- _
FXRST-A VENUE
LINE BERM DISTANCE
L1 S41-&IB'E 16.55
L2 S05'29 40'NI 0.58'
L3 S8430'20'E 6.00'
L6 N41 13'W 17-95'
L7 N48'3151'E 1415'
LB
L9 N90'WOO'W
NOS'32 30'E 3432'
0.88'
L10 N90'00'OO E 3 g2'
L77 fa5'29'40'E 20,00'
L18 15
L19 N4831'37'E 7.42'
CURVE RADWS ARC LENGTH CHORD LENGTH CHORD BEARM
C3 34.00' 267' 26.18' N28'1129'E (D) I
EXHIBIT B
PRELIMINARY PROJECT PLANS
[PROJECT SITE PLAN AND ARCHITECTURAL PLANS]
I
II
CLEARWATER BEACH RESORT AND HOTEL
INDEX OF SHEETS:
MJO COVER
A-ol SITE PlAN
A-()2 GRADE lEYEL PlAN
A-02B GRADE lEYEL PIAN - OPTION B
A-03 lOBBY lEYEl PlAN
A-04 200 lEVEl PIAN
A-oS 300 lEYEl PlAN
A-<J6 400 lEVEL PIAN
MJ7 S()(}9()() TYPICAL PIAN
A-()8 1000 LfVEL PlAN
MYI II DO 1400 TYPICAl PIAN
A-1O PENTHOUSE LEVEL PIAN
A-II WESTELEVATlON - COlOR
A-liB WESTElEYATlON - B/W
A-12 NORTH ElEYATlON - COLOR
A-128 NORTH ElEVATION - 8/W
A-13 EAST ElEVATION - COLOR
A-13B EASTElEVATlON - B/W
A-14 SOlJlH ElEVATION -COlOR
A-14B SOlJlH ElEVATION - B/W
'I
.- ..
- . . :.. - ':~. ~ I
....~.._,..~~
....
--.:-'":..:. - - _.::-.
1 00 CORONADO DRIVE
CLEARWATER, FLORIDA
SITE PLAN REVIEW SUBMITTAL
NOTE: CONCEPT RENDERINGS ARE fOR DESIGN INTENT ONLY AND DO NOT REfLECT STAff REVIEW COMMENTS_
CLEARWATER BEACH RESORT & HOTEL
CLEARWATER, FLORIDA
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP
z::.
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-t~"ItWIo.-
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BROSCH
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CLEARWATER BEACH RESORT & HOTEL -.- FUSTER ~ NICHOLS
-Z: _"~A""."'" BROSCH
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CLEARWATER, FLORIDA ''':~~\h~-- - -...- WOlfE
----.......
SEPTEMBER 15,2008 PROPOSED by THE RELATED GROUP -...--....-- ~~
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LEGEND
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CLEARWATER BEACH RESORT & HOTEL -_...- FUSTER ~ NICHOlS
.z:. uaMlfII ~.... ..A. BROSCH
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CLEARWATER, FLORIDA ...:~~~:- ----....... WOLFE
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP -....--....... ~~
-:.'lIt,.wa.... ---..--
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o ~~,~:zo~o~VEL PLAN
PROPOSED by THE RELATED GROUP
.z:.
--,:~~~--
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~ NICHOLS
BROSCH
WURST
WOLFE
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B
CLEARWATER BEACH RESORT & HOTEL
CLEARWATER, FLORIDA
SEPTEMBER 15, 2008
_If ..-.:u...... p....
--....-
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-...---........
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LEGEND
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'"
..
CLEARWATER BEACH RESORT & HOTEL _.~ FUSTER ~ NICHOLS
.z:. ODIGM..-0ct4,........ BROSCH
- -~-- WURST
CLEARWATER, FLORIDA ..-:~~~- ____6AL WOlfE
SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP _...__rs..'" ~~
----...--
B
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LEGEND
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PRE- FUNCTlON
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lACK Of HOUSE !
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EXHIBIT C
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) hotel units (forming the "Hotel" portion of
the project) from the Beach by.Design Destination Resort Density 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, 450 Resort Hotel units within a quality resort hotel ("Resort
Hotel'). Beach by Design establishes physical, functional and operational requirements for a
proposed development to be eligible for an allocation Destination Resort Density Pool Units. The
allocation of the Destination Resort Density Pool 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 Resort, 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%) of the 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") or, the minimum
standards for four (4) diamond quality criteria as set forth in AAA, Lodging Requirements &
Diamond Rating Guidelines (the most current edition as of the date of issuance of the building
permit for the Hotel):
1. Exterior.
A. Curb Appeal.
i. A combination of exterior elements which create an impressive well-
integrated and excellent level of curb appeal.
Ii. Excellent variety of landscaping professionally planned and maintained.
Ili. Impressive architectural features well-integrated into the surrounding area.
B. Parking.
i. Lighting fixtures reflect characteristics of the design of the property.
ii. Physical evidence of added security exists.
iii. Excellent overall illumination.
II. Public Areas.
a. Furnishings and Decor: Upscale, well-appointed, and in the theme of the property;
high degree of comfort, featuring professionally fitted coverings; an abundant variety
of live plants or unique dried floral arrangements.
2
b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with
unique area rugs.
C. Illumination: Light fixtures are well-appointed and of ar 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 bell stand.
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:
i. 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 at one or more Resort Hotel pools.
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.
in. 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. Hotel 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.
3
C. Clothes Hanging Space: At least eight open-hook wood hangers.
d. Clothes Storage Space: Sufficient space for two pieces of luggage; upgraded racks or
benches.
e. Illumination: Excellent overall illumination; free standing fixtures in appropriate
places.
f. Television Placement: Television located in closed armoire or flat screen monitor.
IV. Guestroom .Amenities.
I Multiple or cordless telephone. High-speed or wireless intern.et access. Enhanced
guest-service directory in folder.
2. Upgraded stationery in Hotel guest rooms. Framed or beveled full-length mirror.
3. Full-size iron and ironing board.
4. Minibar or refrigerator.
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:
i. Excellent quality plush towels; oversized.
ii. Facial tissues of excellent quality in decorative container.
iii. Free-standing hair dryer.
iv. Bathroom area rug.
V. Make-up mirror.
vi. Telephone.
4
Compliance Assessment
Initial Rating Period
As soon as is reasonably possible after a final Certificate of Occupancy for the Resort 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") for the Hotel, 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"). The Developer shall initiate an.
independent quality assessment for the Interval Ownership portion of the Project in the event such
inspection is not provided by a Hotel Rating Service. 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 Resort Hotel
within the Initial Inspection Period, Developer shall use reasonable diligence to obtain an
independent quality assessment of the Resort Hotel from a qualified hotel/resort industry expert
("Independent Quality Assessment") within ninety (90) days after the issuance of the 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 of the Resort Hotel with the Minimum
Quality Standards established in this Exhibit.
Maintenance and Monitoring of Compliance with Minimum Quality Standards
The Developer shall maintain compliance with the Minimum Quality Standards throughout
the term of this Agreement.
2. In the event that the initial rating of the 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 for the entire Resort Hotel.
3. In the event that the initial rating of the 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 of the issuance of the CO, if the 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 Resort 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 Resort Hotel with the Upgrade Requirement.
Failure to Comnply
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.
If the 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. If the 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 of the City, the Developer shall then cure
the default within thirty (30) days after resolution of the dispute.
In the event that 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 expert 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 if the 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.
6
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.
7
EXHIBIT D
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 K), plus the Vacations of Rights of Way (as
described in Exhibit A-2), as depicted on the attached diagram.
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EXHIBIT E
COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS
CLEARWATER BEACH-RESORT & HOTEL
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EXHIBIT F
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the _
day of 2008 by K & P Clearwater Estate, LLC, a Florida limited liability
company.
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 Destination Resort Density Pool 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 Destination Resort
Density Pool 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 Destination Resort Density Pool Units pursuant to the provisions of the 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 of the allocation of Destination Resort
Density Pool 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 of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Destination Resort Density
Pool 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 of the 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 of the
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. Effective Date. This Declaration shall become effective immediately upon its
recording.
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 ofthe Real Property
with the Clerk of the Courts of Pinellas County, Florida.
6. Attorneys 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 prevaiiing party shall
be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from
the non-prevailing party.
7. Severability. If any provision, or part thereof, of this 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.
2
IN WITNESS WHEREOF, K & P Clearwater Estate, LLC has caused this Declaration of
Covenants and Restrictions to be executed this _ day of- , 2008.
Witnesses: K & P CLEARWATER ESTATE, LLC, a Florida
limited liability company
By: K & P Partners Limited
Partnership, a Florida limited
Partnership, Manager
State of Florida
County of Pinellas )
By: K & P Holding, L.C., a
Florida limited liability company,
General Partner
By:
Kiran C. Patel
Managing Member
The foregoing instrument was acknowledged before me this day of ---.--,2008,
by Kiran C. Patel, 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, Manager of
K & P CL•EARWATER ESTATE, LLC, a Florida limited liability company 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
3
Exhibit "1"
to
Exhibit "F"
Parcel I:
Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23,
Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of
Gulf View Boulevard adjacent to said Lot 1, and 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 also Lots 44, 45, 46, 47,
90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to
plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida,
together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93.
Parcel II:
Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida.
Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13,
Public Records of Pinellas County, Florida.
TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08:
Page 1 of 5
ORDINANCE 7947-08
A PARCEL OF ['"SING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED ON TRE,PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO
THE PLAT T.HOZ OF, AS RECORDED IN PLAT 1300K 23, PAGE 60, OF THE
PUBIC RE lIy OF PINELLAS COUNTY, FLORIDA, AND BEING A PART
OF 'AID U>? IEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-
WHITE ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
REGO PLAT BOOK 13, PAGES 12 AND 0, OF THE PUBLIC
RECD . ,OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST'/ OF
SEGfi N 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLQf1p?k? BEING MORE PARTICULARLY DESCRIBED BELOW:
f 'dANING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-
MITE-SKINNER SUBDIVISION: THENCE S.05°32'30."VII. ALONG THE EAST
HT-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°32'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF
VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
160.45 FEET,-FHENCE N.84°27'30"-0., A DISTANCE OF 34.98 FEET; THENCE .
N.05032'30"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.84°30'20"E., A DISTANCE OF 6.00 FEET; THENCE N.05°29'40"E., A
DISTANCE OF 18.97.FEET; THENCE CONTINUE N.05029'40"E., A DISTANCE
OF 1.03 FEET; THENCE N.41°00'13"W., A DISTANCE OFA7.95 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
A,ND A CHORD BEARING OF S.28'1 1'29W.; 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.
AND
Page 2 of 5
ORDINANCE 7947-08
A* PARCEL OF. LAND BEING A PART OF. GULF.VIEW BOULEVARD, AS
DEPICTED ON 7QiF?PRLAT OF COLUMBIA SUBDMSION, ACCORDING TO HE
PLAT THEREP-F, ;, .P RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBLIC RECd?A>OF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST 1
OF SECTIO 7,` TOWNSHIP 29 SOUTH, RANGE 15 EAST; AND THE WEST
OF SECTI 2
'8WNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS-000NTY,
FLORIDA`) G MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM it G AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
WHITINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
R EOf,?DtD ON PLAT BOOK 13, PAGE -12 AND 13, OF THE PUBLIC RECORDS
OF-. f ELI AS COUNTY, FLORIDA; THENCE N.90000'00"E., ALONG THE
I?Q1 BOUNDARY OF SAID LOT 44, A DISTANCE OF. 3.82 FEET; THENCE
?052'30"E. ALONG.THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
-ZG F VIEW BOULEVARD, A DISTANCE OF •0.88 FEET. TO POINT OF A
f QPRVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF-
.1 _AY 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.2801 1'290E.. 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°5246"E.; THENCE
5.89054'00"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-0F=-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.8954'00"W. ALONG SAID
SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF
145.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID
SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD
BEING A CURVE-TO THE 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.70027'47"W.TO THE POINT OF BEGINNING.
Page 3 of 5
TOGETHER WITH THE FOLLOWING PARCEL VACATED BY ORDINANCE 7948-08:
Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per
field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public, records of Pinellas County, Florida, more particularly
described as: From the `southwest comer of Lot 55, 'Lloyd-White-Skinner
Subdivision, as. recorded In Plat - Book 13, Page 12 of the Official Records of
Pinellas County, Florida;' run thence N05°32'30"E along the easterly right of way
line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the
Point of Beginning; said point also being the northwest corner of Lot 48 of said
Lloyd White Skinner subdivision, thence'N05°32'30"E 60.00 feet to the southwest
comer of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27'30"E along the
northerly right of way line Of First Avenue, Lloyd-White-Skinner Subdivision a
distance of 192.00 feet;- thence S05°32'30"W. along a line 18 feet west of and
parallel withthe westerly right of way line.of Coronado Avenue as shown on the
plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84°27'30"W along said southerly
right of w,ay line a distance of 192.00 feet'to the Point of Beginning,
LESS AND EXCEPT THE FOLLOWING 3 PARCELS:
QNIJ
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, page 12,.Public Records of Pinellas
County, Florida.
TWO:
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 SUBDIVISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Page 4 of 5
THREE:
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 PINOIAS.000NTY, 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 N84-030'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 523 FEET AND A CHORD BEARING N01'4r31'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 3322 FEET AND A CHORD
BEARING S30'04'20'E; THENCE N90'00'O0'E, ALONG THE EASTERLY PROJECTION OF THE
NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF. 0.86 FEET; THENCE
S0532'30'W, ALONG A LINE 1.86 FEET' FASLERLY'OF AND PARALLEL TO THE EASTERLY
BOUNDARY OF SAID LOT. 93 A DISTANCE OF 110.62 FEET; THENCE N8427'30'IN A
DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING.
Page 5 of 5
EXHIBIT 2
Trip Generation Management Program
Prior to issuance of a Certificate of Occupancy- for the Resort Hotel, 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 chaiacteristics of resort occupancy, compare and contrast the
generation and reduction methods between Hotel and Timeshare users and create a
supporting trip utilization projection for the Beach by Design transit proposal from Resort
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 G
COVENANT REGARDING HURRICANE EVACUATION
and
DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION 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 Destination Resort Density Pool 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 Destination Resort Density Pool Units is subject to
compliance with a series of performance standards, including a requirement that resorts containing a
hotel developed with Destination Resort Density Pool Units ("Resort Hotel") shall be closed and all
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 Resort 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 Destination Resort Density Pool 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 Destination Resort Density Pool
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 of the allocation of Destination Resort Density
Pool 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 of the 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 A minimum of two hundred and fifty (250) hotel units, •,A,,hich is the
number of hotel units allocated to DEVELOPER, shall be used solely
for transient occupancy of thirty (30) consecutive 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 of the hotel. No
hotel unit shall. be used as a primary or permanent residence.
2.1.2 All other units shall be licensed as a public lodging establishment,
classified as a time share with occupancy limited to stays of thirty
(30) consecutive days or less. No unit shall be used as a primary or
permanent residence.
11.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "time share," 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 Resort 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 Resort Hotel guests, visitors and
employees other than emergency and security personnel required to protect
the resort, shall be evacuated from the Resort 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 of the
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 ("Project") and Developer's commencement of
2
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.
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. If any provision, or part thereof, of this 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 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,. Developer has caused this Declaration to be executed this
day of 2008.
Witnesses:
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
Florida limited liability company,
General Partner
By: _
Kiran C. Patel
Managing Member
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of ___ 92008,
by Kiran C. Patel, 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, Manager of
K & P CLEARWATER ESTATE, LLC, a Florida limited liability company 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
4
Schedule "1"
to
Exhibit "G"
Parcel I:
Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23,
Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of
Gulf View Boulevard adjacent to said Lot 1, and 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 also Lots 44, 45, 46, 47,
90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to
plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida,
together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93.
Parcel II:
Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida.
Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13,
Public Records of Pinellas County, Florida.
TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08:
Page 1 of 5
ORDINANCE 7947-08
A PARCEL OF [!AN BEING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED Ot'Tk{E,PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO
THE PLAT THtE?t F, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBIC RECbM OF PINELLAS COUNTY, FLORIDA, AND BEING A PART
OF SAID ' IEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-
WHITE I?lD:1 ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
- - RECO PLAT BOOK 13, PAGES 12 AND f3, OF THE PUBLIC
RECD." F PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST Y OF
SE N 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLQf ?p1k?BEING MORE PARTICULARLY DESCRIBED BELOW:
LFANING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-
ITE-SKINNER SUBDIVISION: THENCE S.05°32'30..". ALONG THE EAST
,HT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET
;TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.0b032'30W., A
'DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF
AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE
S.05032'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF
VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
180.45 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.84"30'20"E., A DISTANCE OF 6.00 FEET; THENCE N.05"29'40"E., A
DISTANCE OF 18.97. FEET; THENCE CONTINUE N.05029'40"E., A DISTANCE
OF 1.03 FEET; THENCE N.41"00'13"W., A DISTANCE OF'17.95 FEET,
THENCE N.48031'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90000'00"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
AP4D A CHORD BEARING OF S.2801 1'29W.; 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.
AND
Page 2 of 5
ORDINANCE 7947-08
A- PARCEL OF LAND-'BEING A PART OF GULF.VIEW BOULEVARD; AS
DEPICTED ON :Qiq/P/LAT OF COLUMBIA SUBDIVISION, 'ACCORDING TO HE
PLAT THEREGf, - S RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBLIC RECdO{WA OF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST'/
OF SECTIO T_,OWNSHIP 29 SOUTH,- RANGE 15 EAST; AND THE WEST'/
OF SECTI • . TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS-000NTY,
FLORIDA I? 46 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM G AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
WHI,F?NER SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS
REEON PLAT BOOK 13, PAGE-12 AND 13, OF THE PUBLIC RECORDS
OF-rR ELLAS COUNTY, FLORIDA; THENCE N.90000'00"E., ALONG THE
14Q? TFI BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE
THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
`02'30"E. ALONG
-F VIEW BOULEVARD, A DISTANCE OF .0.88 FEET. TO POINT OF A
'rt?VE; 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.2801129'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°5246"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
46.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD
BEARING S.45059'54'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 N7705543"W.; THENCE N.8954'00"W. ALONG SAID
SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF
145.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID
SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD
BEING A CURVE.TO THE 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.70027'47"W.TO THE POINT OF BEGINNING.
Page 3 of 5
TOGETHER'WITH THE FOLLOWING PARCEL VACATED.BY ORDINANCE 7948-08:
Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per
field), the.plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13,
page 12 of the public, records- of Pinellas County, Florida, more particularly
described as: From ` the southwest comer of Lot 55, 'Lloyd-White-Skinner
Subdivision, as recorded In Plat -.Book 13, Page 12 of the Official Records of
Pinellas County, Florida; run;thence N05°32'30"E along the easterly right of way
line, of Gulf View. Boulevard as shown on said -plat a distance of 335.00 feet to the
Point of Beginning, said point also being the northwest comer of Lot 48 of said
Lloyd White Skinner subdivision, thence'NO5°32'30"E 60.00 feet to the southwest
comer of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27'30"E along the
northerly right of way line Of First Avenue, Lloyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05°32'30"W, along a fine 18 feet west of and
parallel with. the westerly right of way line.of Coronado Avenue as shown on the
plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84°27'30'W along said southerly
right of way line a distance of 192.00 feet'to the Point of Beginning,
LESS AND EXCEPT THE FOLLOWING 3 PARCELS:
OM
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, page 12,:Public Records of Pinellas
County, Florida.
TWO:
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 SUBDIVISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Page 4 of 5
THREE:
PARCEL C
THE EASIFRLY 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 PINELLAS. COUNTY, FLORIDA, AND
TOGETHER. MM 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 FOUOWS:
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 OF AND PARALLEL
TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 13232 FEET; THENCE
5.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET,
A CHORD OF 523 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 S30'04'20'E; THENCE N9700'001. ALONG THE . EASTERLY PROJECTION OF THE
NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF. 0.86 FEET; THENCE
S05'32'30'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 N8,V27'30'IN A
DISTANCE OF 1.86 FEET TO THE POW OF BEGINNING.
Page 5 of 5
EXHIBIT H
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. Easement Agreement
l3. Cafe Seating License
14. Landscape, Irrigation & Lighting Permit from Recreation and Parks Department
15. Land Exchange
EXHIBIT I
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
E.D. Armstrong III., Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, Florida 33756
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of
2008 by K & P Clearwater Estate, LLC„ a Florida limited liability company
("Developer").
WITNESSETH-
WHEREAS, Developer is the owner of the teal 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 that
certain Development Agreement dated 2008 (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 of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Developer does hereby agree that, effective as of the date on which Developer receives all permits
required to 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
single destination resort hotel and a timeshare/interval ownership project, as 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 otherwise
convey its right in and to the Real Property or any portion or portions thereof to unrelated third-
parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more
Interval Ownership Units to be constructed as a part of the Project (the "Interval Ownership") (or
Hotel Units (as defined in the Development Agreement) if sold in a condominium form of
ownership), to separate, unrelated third parties, provided that such Interval Ownership or Hotel Units
are operated and occupied as part of the 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.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and
all Interval Ownership Units may be operated by a single management firm/operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this
day of 2008.
Witnesses:
State of Florida )
County of Pinellas )
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, I,.C-,
Florida limited iiab;lity compan;,
General Partner
By:
Kiran C. Patel
Managing Member
The foregoing instrument was acknowledged before me this day of 2008,
by Kiran C. Patel, 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, Manager of
K & P CLEARWATER ESTATE, LLC, a Florida limited liability company 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
2
Schedule "A"
to
Exhibit "I"
Parcel I:
Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23,
Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of
Gulf View Boulevard adjacent to said Lot 1, and 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 also Lots 44, 45, 46, 47,
90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to
plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida,
together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93.
Parcel II:
Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida.
Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13,
Public Records of Pinellas County, Florida.
TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08:
Page 1 of 5
ORDINANCE 7947-08
A PARCEL OF L "EING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED ON-TRE,PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO
THE PLAT THEN F, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBIC RE .,b . OF PINELLAS COUNTY, FLORIDA, AND BEING A PART
OF SAID ` - IEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-
WHITE fIIJ?i ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECD PLAT BOOK 13, PAGES 12 AND 0, OF THE PUBLIC
RECD . , F PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST V 0F
SEG N 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FL BEING MORE PARTICULARLY DESCRIBED BELOW:
E I:IVNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-
ITE-SKINNER SUBDIVISION: THENCE S.05° 32'30."W. ALONG TI4E EAST
HT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET
,TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.06"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"32'30"1N., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF
VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
'I60.45 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.84'30'20"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.48031'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90000'00"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
AJdD A CHORD BEARING OF S.28011'29"W.; THENCE S.05"3T30"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.
AND
Page 2 of 5
ORDINANCE 7947-08
A' PARCEL OF LAND"-BEING A PART OF GULF.VIEW . BOULEVARD; AS
DEPICTED ON l"LAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE
PLAT THEREQF?',-,1p RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBLIC RECO?ZDA>OF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST'/
OF SECTIO W\M, WNSHIP 29 SOUTH,- RANGE 15 EAST; AND THE WEST'/
OF SECTI fi0WNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS•COUNTY,
FLORIDA G MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM E G AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
4WHI<INNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
R I`D ON PLAT BOOK 13, PAGE-12 AND 13, OF THE PUBLIC RECORDS
0, ELLAS COUNTY, FLORIDA; THENCE N.90°00'00"E., ALONG THE
QI BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE
2'30"E. ALONG.THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
IyLF VIEW BOULEVARD, A DISTANCE OF '0.88 FEET. TO POINT OF A
f `QpRVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT TOF-
%W OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A
I AY
DIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A
4. RA
CHORD BEARING OF N.28°1 129°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.63052'46"E.; THENCE
8.69054'00"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.8954'00"W. ALONG SAID
SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF
.145 '.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID
SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD
BEING A CURVE.TO THE 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.70027'47"W.TO THE POINT OF BEGINNING.
Page 3 of 5
TOGETHER. WITH THE FOLLOWING PARCEL VACATED. BY ORDINANCE 7948-08:
Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per
field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13,
page 12 of the public, records. of Pinellas County, Florida, more particularly
described as: From ` the southwest comer of Lot 55, 'Lloyd-White-Skinner
Subdivision, as recorded in Plat-Book 13, Page 12 of the Official Records of
Pinellas County, Florida run.thence N05°32'30"E along the easterly right of way
line of Gulf View Boulevard as shown on said -plat a distance of 335.00 feet to the
Point of Beginning; said point also being the northwest comer of Lot 48 of said
Lloyd White Skinner subdivision, thence'N05°32'30"E 60.00 feet to the southwest
comer of Lot 44, Lloyd-White-Skinner Subdivision; thence S84"27'30"E along the
northerly right of way line of First Avenue, . Lloyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05"32'30"W. along a line 18 feet west of and
parallel with. the westerly right of way line.of Coronado Avenue as shown on the
plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84°27'30"W along said southerly
right of way line a distance of 192.00 feet 'to the Point of Beginning,
LESS AND EXCEPT THE FOLLOWING 3 PARCELS:
?Ni?
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, page 12,.Public Records of Pinellas
.County, Florida.
TWO:
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 SUBDIVISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
Page 4 of 5
THREE:
PARCEL C'
THE EASTERLY 18 FEET OF LOT 93; TOGETHER WI H 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 SUBDMSION AS RECORDED
IN PLAT BOOK 23, PAGE 60, PUBLIC RECORDS OF PINELIAS.000NTY, 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 N8477'3O'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 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 523 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 3322 FEET AND A CHORD
BEARING S3U'04'20'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
S05'32'30'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 . NB V27'3O'W A
DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING.
Page 5 of 5
EXHIBIT J
EASEMENT AGREEMENT
This instrument was prepared by
and return to:
E. D. Armstrong III, Esq.
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
GRANT OF EASEMENT
This Grant of Easement is made this day of 2008, by THE CITY OF
CLEARWATER. FLORIDA, a Florida municipal corporation, its successors and assigns ("Grantor")
in favor of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, its
successors, assigns and affiliates and their respective invitees and licensees (collectively,
"Grantee").
WHEREAS
Grantor is the fee owner of certain real property located in. Pinellas County, Florida, as more
particularly described in Exhibit "A," attached hereto and made a part hereof (hereinafter the
"Easement Property"); and
Grantee is the owner of certain adjacent real property located in Pinellas County, Florida, as
more particularly described in Exhibit "B," attached hereto and made a part hereof (hereinafter,
'Benefited Property"), which Benefited Property is the intended site of a beachfront resort hotel
including a parking garage facility to be constructed thereupon (the "Grantee Facilities"); and
Grantor desires to grant unto Grantee a non-exclusive, perpetual easement over, above, upon,
through and across the Easement Property for all lawful purposes, including, without limitation:
(i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and
such other access paths as may be agreed upon between the parties for the purposes of allowing
Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant
operations and other facilities to provide concessions within the Easement Property, (iii) a pedestrian
focal point and entrance to Beach Walk called the Palm Court area which may include a fountain and
other aesthetic features, and (iv) an easement for the construction, use and occupancy of the
sidewalks, landings, arcade, elevated sidewalks, stairwells, other access paths, cafe seating and other
facilities as described in subsections (i), (ii) and (iii) above, including foundations and support
columns and structures (collectively, the "Access Improvements").
Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does
hereby declare as follows:
GRANT OF EASEMENT
1. Adoption of Recitals. The foregoing Recitals are hereby acknowledged as being true
and correct, and the same are hereby adopted and made a part of this Grant of Easement.
2. Grant of Access Easement. Subject to the terms and conditions of this Grant of
Easement, Grantor hereby conveys and grants to Grantee a non-exclusive, perpetual easement over,
above, upon, through and across the Easement Property for all lawful purposes, including, without
limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated
sidewalks, and such other access paths as may be agreed upon between the parties for purposes of
allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and
restaurant operations and other facilities to provide concessions within the Easement Property, and
(iii) an easement for the construction, use and occupancy of the Access Improvements, including
foundations and support columns and structures. Notwithstanding anything herein to the contrary,
Grantee acknowledges and agrees that its right to use and enjoy the easements granted hereunder
shall upon completion of construction of improvements upon the Benefited Property remain in effect
for so long as Benefited Property is developed and used in substantial accordance with the uses
permitted under that certain Amended and Restated Development Agreement recorded in O.R.
Book , Page , Public Records of Pinellas County, Florida, as subsequently
amended from time to time (e.g., beachfront resort hotel associated parking garage facility and
related facilities).
3. General. This Grant of Easement shall be binding upon both Grantor and Grantee, as
well as all of their successors and assigns, and shall constitute covenants appurtenant to and running
with the land described herein, and shall inure to the benefit and be binding upon the heirs,
successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors
and assigns.
4. Maintenance. Grantee shall be responsible for the construction and maintenance of
the Access Improvements located on the Easement Property in a state of good condition and repair.
Grantee shall perform all construction and maintenance in accordance with all applicable laws, codes
and ordinances.
5. Notices. All notices, requests, demands and other communications which are
required or may be given under this Grant of Easement shall be in writing and shall be deemed to
have been given: (a) when received, if personally delivered; (b) the day after being sent, if sent for
next-day delivery to a domestic address by recognized overnight delivery service (e.g., Federal
Express); or (c) five days after being sent, if sent by certified or registered mail.
6. Attorneys' Fees. In the event of any dispute arising out of this Grant of Easement or
any instrument given in connection herewith, or in the event it shall become necessary for any party
to employee counsel to protect the party under this Grant of Easement or any instrument given in
connection herewith, the prevailing party shall be entitled to recover its reasonable attorneys' fees
and costs, whether incurred out of court or in litigation, including fees and costs incurred for
representation on appeals, expert witness fees and costs for paralegal assistance.
2
7. Binding Effect. This Grant of Easement, and all the terms, conditions, covenants,
representations and warranties hereunder, shall be binding upon, and inure to the benefit of, the
parties, their respective personal representatives, heirs, successors and permitted assigns.
8. Waivers. No action taken pursuant to this Grant of Easement, including any
investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking
such action of compliance with any representation, warranty, covenant or agreement contained
herein, therein or in any document delivered in connection herewith or therewith. The waiver by any
party to this Grant of Easement of a breach of any provisions of this Grant of Easement shall not
operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any
breach of any other provision of this Grant of Easement.
9. Construction and Venue, The formation, interpretation and performance of this
Grant of Easement shall be construed pursuant to and governed by the laws of the State of Morida.
The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim, cross
claim, or other litigation arising out of this Grant of Easement shall be in Pinellas County, Florida.
10. Headings. The headings of the various sections in this Grant of Easement are inserted
for the convenience of the parties and shall not affect the meaning, construction or interpretation of
this Grant -of Easement.
11. Pronouns. The masculine pronoun, wherever used herein, shall mean or include the
feminine or neuter pronoun wherever applicable, and whenever words are used herein in the singular
or plural form, they shall be construed as though they were also used in the other form, in all cases
where such should apply.
12. Severability. If any clause or provision herein contained operates or would operate to
invalidate this Grant of Easement in whole or in part, then such clause or provision shall only be
deemed severed and not a part hereof, as though not contained herein, and the remainder of this
Grant of Easement shall remain operative and in full force and effect.
13. Entire Agreement; Amendment. This Grant of Easement and all exhibits and
schedules attached hereto together constitutes the entire agreement between and among the parties
with respect to the subject matter hereof, which agreement supersedes all prior agreements and
understandings, oral or written, between and among the parties to this Grant of Easement with
respect to the subject matter hereof. This Grant of Easement may not be modified or otherwise
amended except by a written instruction expressly referring to this Grant of Easement and executed
by the party to this Grant of Easement against whom such amendment is sought to be enforced.
3
IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this _
day of 2008.
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
GRANTOR:
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
City Manager
Attest:
Pamela K. Akin Cynthia E. Goudeau
City Attorney C itv Clerk
STATE OF FLORIDA )
COT JNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
"0087 by William B. Horne II, as City Manager of the CITY OF CLEARWATER, FLORIDA., a.
Florida municipal corporation, on behalf of the corporation. He [is personally known to me] or
[produced as identification]
Notary Public -- Signature
Print Name:
My Commission Expires:
4
GRANTEE:
Witnesses:
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
Florida limited liability company,
General Partner
STATE Of' FLORIDA
COUNTY OF PINELLAS
By:- - _---
Kiran C. Patel
Managing Member
The foregoing instrument was acknowledged before me this _ __, day of
2008, by Kiran C. Patel, Managing Member of K & P Holding, L.C., a Florida
limited iiability company, General Partner of K. & P Partners Limited Partnership, a Florida limited
partnership, Manager of 'K & P CLEARW ATER ESTATE, LLC, a Florida limited liability company;
or, behalf of the companies, who [is personally known to me] or [produced
as identification].
#437623 v1 -Grant of Easement
Notary Public - Signature
Print Name:
My Commission Expires:
5
EXHIBIT "A"
LEGAL, DESCRIPTION OF EASEMENT PROPERTY
[Easement areas are depicted on the attached sketch. The legal descriptions
are to be provided prior to issuance of building permits.]
eN PALM COURT LAYOUT
scue. r - ie•-o•
L
CLEARWATER BEACH RESORT & HOTEL
CLEARWATER, FLORIDA ?___ •_
Z FusTER O Nt CH
NW It
WOIFE
SEPTEMBER 15.2008 PROPOSED by THE RELATED GROUP
C?
I
EXHIBIT "B"
LEGAL DESCRIPTION OF BENEFITED PROPERTY
Parcel I:
Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23,
Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of
Gulf View Boulevard adjacent to said Lot 1, and 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 also Lots 44, 45, 46, 47,
90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to
plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida,
together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93.
Parcel II:
Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Parcel III:
Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot
103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded
in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida.
Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER
SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13,
Public Records of Pinellas County, Florida.
TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08:
Page 1 of 5
ORDINANCE 7947-08
A PARCEL OF 4NOEING A PART OF GULF VIEW BOULEVARD, AS
DEPICTED O{E,PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO
THE PLAT TkW??0F, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBIC RECbAb0 OF PINELLAS COUNTY, FLORIDA, AND BEING A PART
OF SAID U7?. EW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-
WHITE I ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
- RECD PLAT BOOK 13, PAGES 12 AND f3, OF THE PUBLIC
RECD . ,OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF
SEG N 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLQf fpk?BEING MORE PARTICULARLY DESCRIBED BELOW:
E?;JINING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-
ITE-SKINNER SUBDIVISION: THENCE 8.05°32'30."VV. ALONG THE EAST
,. HT OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET
`,TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.0503230W., A
/bISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF
AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE
S.05°32'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF
VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID
EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF
160.45 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"0., A DISTANCE OF 0.58 FEET,-THENCE
S.84030'20"E.; A DISTANCE OF 6.00 FEET, THENCE N.05029'40"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
AJdD A CHORD BEARING OF S.28"1 1'29"W.; THENCE S.05°32130"0. ALONG
SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
0.88 FEET; THENCE N.90°00'00"0., ALONG THE NORTH BOUNDARY OF
AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF
BEGINNING.
AND
Page 2 of 5
ORDINANCE 7947-08
A 'PARCEL ` OF LAND'-BEING A PART OF GULF. VIEW BOULEVARD; AS
DEPICTED ON VF/PrLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE
PLAT THEREPRF ,,$ RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBLIC REC ?VptF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST'/
OF $ECTIO \T.OWNSHIP 29 SOUTH, RANGE 15 EAST; AND THE WEST
OF SECT I ION OWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS-000NTY,
FLORIDAi G MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM - G AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
WHI,T?LCINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECE7RDItD ON PLAT BOOK 13, PAGE-12 AND 13, OF THE PUBLIC RECORDS
OF, V'( ELLAS COUNTY, FLORIDA; THENCE N.90000'00S, ALONG THE
141 R BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET, THENCE
?-; `08,,2'30°E. ALONG.THE EASTERLY RIGHT OF WAY LINE OF AFORESAID
VIEW BOULEVARD, A DISTANCE OF '0.88 FEET T?o POINT OF A
r jkVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF.
+IIVAY OF GULF VIEW BOULEVARD BEING A' CURVE TO THE RIGHT HAVING A.
t. RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A
CHORD BEARING OF N.28011290E. 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°5246"E.; THENCE
8.89054'006E., 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°55'43W.; THENCE N.8954'00"W. ALONG SAID
SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF
.145 *.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID
SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD
BEING A CURVE.TO THE 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.7002747"W.TO THE POINT OF BEGINNING.
Page 3 of 5
TOGETHER WITH'THE FOLLOWING PARCEL VACATED BY ORDINANCE 7948-08:
Vacate a portion of the 60-foot right-of-way of First Avenue, (AKA First Street per
field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13,
Page 12 of the public, records. of Pinellas County, Florida, more particularly
described as: .From ` the southwest comer of Lot 55, 'Lloyd-White-Skinner
Subdivision, as recorded in Plat-Book 13, Page 12 of the Official Records of
Pinellas County, Florida;'run thence N05°32'30"E along the easterly right of way
.. line of Gulf Vew Boulevard as shown on said -plat a distance of 335.00 feet to the
Point of Beginning; said point also being the northwest comer of Lot 48 of said
Lloyd White Skinner subdivision, thence'N05"32'300E 60.00 feet to the southwest
comer of Lot 44, Lloyd-WhiteSkinner Subdivision; thence S84°27'30"E along the
northerly right of way line Of First Avenue, Lloyd-White-Skinner Subdivision a
distance of 192.00 feet; thence S05°32'30"W. along a line 18 feet west of and
parallel with. the westerly right of way line.of Coronado Avenue as shown on the
plat of Lloyd-WhiteSkinner Subdivision a distance of 60.00 feet to the southerly
right of way line of said First Avenue; thence N84"27'30"W along said southerly
right of way line a distance of 192.00 feet'to the Point of Beginning,
LESS AND EXCEPT THE FOLLOWING 3 PARCELS:
M:
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, page 12,:Public Records of Pinellas
County, Florida.
TWO:
PARCEL D
THE EASTERLY 18.0 FEET. OF LOTS 97, 48, 99, 100, AND 101;
TOGETHER-WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0
FEET THEREOF, LLOYD-wHrrE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK
13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Page 4 of 5
THREE:
PARCEL C
THE EASTERLY 18 FEET OF LOT 93; TOGETHER' Wr H THE WESTERLY 1.86 FEET OF THE
RIGHT OF WAY OF CORONADO DRIVE ABUTTING LOT 93, LLOYD-WHITE-SKINNER
SUBDMS10N AS RECORDED IN PLAT BOOK 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 PINELLAS 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 27'3O'W ALONG THE SOUTHERLY BOUNDARY OF LOT 93 A DISTANCE OF
18.00 FEET; THENCE NOS32'307E ALONG A LINE 18 FELT WESTERLY OF AND PARALLEL
TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 13232 FEET; THENCE
5.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET,
A CHORD OF 523 FEET AND A CHORD BEARING N01'4731'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 3322 FEET AND A CHORD
BEARING S30'04101; THENCE N90'00'00'E, ALONG THE EASTERLY PROJECTION OF THE
NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF. 0.86 FEET; THENCE
S05'32'307W, ALONG A LINE 1.86 FEET E4STERLY•'OF AND PARALLEL 70 THE ECTERLY
BOUNDARY OF SAID LOT. 93 A DISTANCE 'OF 110.62 FEET; THENCE N84'27'30-W A
DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING.
Page 5 of 5
EXHIBIT K
LAND EXCHANGE AGREEMENT
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL
PROPERTY is made on 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 U.R. Book 14168, 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 purpose of
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 "Owner Parcels"
which are described in Exhibit "B" to this Contract. The conveyance of the City Parcels shall
constitute 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.
attached.
b. Owner Parcels (to be conveyed to City) - See Exhibit "B"
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.
Owner as the owner of the City Parcels within a reasonable period of time following closing.
An owner's title insurance policy shall be issued insuring
2
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 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. Propertv 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.
3
12 Closing 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. Assignability. This Contract may be assigned in the same manner as allowed in the
Development Agreemei,t.
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 maybe (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
4
With a copy to: E. D. Armstrong III, Esq.
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
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.
5
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:
Frank Hibbard
Mayor-Commissioner
Approved as to form:
Pamela K. Akin
City Attorney
CITY:
CITY OF CLEARWATER, a
Florida municipal corporation
By:
William B. Horne, H
City Manager
Date:
Attest:
Cynthia E. Goudeau
City Clerk
6
Witnesses: 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
a Florida limited liability
company, General Partner
By:
Signature Kiran C. Patel
Managing Member
Print name
Dare:
Signature (Corporate Seal)
:Print name
10/10/08 04:39 PM d-1
49313.115456
#450634 vl
7
EXHIBIT "A" 'TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
CITY PARCEL
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 LLOYD-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.0S32'30'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.84'30'20"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.48'31'37E., A DISTANCE OF 14.15 FEET; THENCE N.91700'00'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.9(700'00'1N., 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
Parcdl E
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.8T54'00"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 N77'5543"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 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 .30OK 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 LYING 1.0 FEET WESTERLY OF
THE WESTERLY BOUNDARY OF LOT 1. BLOCK A, COLUMBIA SUBDIVISION, AS RECORDED
IN PLAT BOOK 23, PAGE 60, OF THE PUBUC 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 N90'00'0O°W, A DISTANCE OF
34.32 FEET; THENCE S4831'37'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 N84'30'20°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 N0532'30'E, 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.
Exhibit '.'A" Page 3 of 5
SKETCH of DESCRIPT20N
SHEET 1 OF 2 SHEETS
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 N4749-12"E; THENCE SST54'00"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 S7741'47E 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 N8T54'00"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.
NOTES:
1. NO INSTRUMENTS OF RECORD REFLECTING EASEIdENIS, RIGHT OF WAY AND/OR
LEGEND OWNERSHIP WERE FURNSHED TO THIS SURVEYOR EXCEPT AS SHOWN.
2 THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP.
PLS PlImEsm" IAm SilRM= 3. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE THE
Ls LED=
LISI RE-USERS SOLE RISK WTTHIMR UAB&M TO THE SURVEYOR.
R
PLAr BFO
? UMM
ED of N or
DE
9010PI
4. 1HE SPUCH WAS PREPARE) WITHOUT THE BENEFIT OF A CURRENT TIRE COMMENT
POB 8
G
POW CIF AND 5 SUBJECT TO EASEMENTS, RIGHTS-OF-VTAY AND SIMILAR MATTERS OF TITLE.
5. MERIDIAN BASED ON THE NORTH BOUNDARY OF LOT 44 AS BEARING N9000'00-E (P).
PREPARED FOF4 llf
The FhOsthed Group DATE 4/28/08
DRAWING# PARCEL-K [ PmJad No. X21
Chaekeid By JAC FI@Id Book
Drown By JAC Jit Paces
SUNCOASP I,AND SURV=(;, Inc.
111 FOREST LAKES BOLLEVARD
OLDSMAR, FLA. 34877
BOIOBIARY - TOPOWARW - CORMICUM STAIORIUT
45i8 PRONE (813) 854-1342 FAX (813) 855-00
SURVEYOR'S CERTIFICATE
I herby wItf md the S IVU depicted harem m pubmed under my RMKKM E
CIUMM e" Tee dddA dm% m media ft W WA 1¢tR M sDWOAiaD.9 pet I.M by
Br ROM BOARD PRt>FE M IAtm BlRlklM In Chapter 61G17-8. RMIX
AOIB IRME CDE pamd to WIN 47 AV. ROM 911NI ES
IOf we SID1pOT AE S? AND VE GH14AL am Sf7Y, OF A RAM Icom
SUMON AND eUPP?^.. e . . r1 1
Exhibit "A" Page 4 of 5
SKETCH of DESCRIPTION
SHEET 2 OF 2 SHEETS
SCALE : 1",= 40'
20' 40'
Q NW C
J
O I u
m
W
n
LL. I
-iI
c?
Lim BEAM DISTANCE
Li N90'00 00'E 3.82•
L3 1190'00 00'W 1.0
L4 NDS'32 30 088'
L5 S05-&30V 0.78'
CURVE RADIUS OELTA ANGLE ARC LENGTH CHORD LENGTH CHORD BEARING
C1 3400 843239' 50.17 45 74' N 4749'12' E
C2 28 66 242412 12.21' 1212 S 7741'47' E
C3 01'35 45' 1.11' 1.11 S 01'09'52' E
C4 27.66' 25'241 12.26' 12.16' N 7712'09' W
C5 33 00' 8432739' 48.69' 443'
9
S 4749'12' W
GULF VIEW BOULEVARD \
Wff OF WAY (P)
/ vXm m OR BOOK 14168 PAGE 2538 q \
W00"E n145J11(0) b
4
Vxoted &NHWh 1.0' of Gulf Mw BoWme;d
DB O.R. Book 757 Paga 40
Platted Right of Way Uee
Lt LOT 1 BLOCK A' ?
_ WEST COLUMBIA SUBDMSON Plat Book 23 Page 60 2Xft(P)
1 ? NE ?t-'=
t i Lat 93 II
P.0.8
. i
?E II WHITE_ KINNER
PLAIj BOOK 1 PAGE 1 tBDMSIOq
13 I I 118, p II
I I ()
IN la I^ I I r--JI
It lui
I$ I? I I? d It. I" I ?I
Im I° Iv I? to Ib ha ?I H
I I I I I t- I? ? I ?I ??
I LOT 44 i COT 45 i LOT 46 i LDT 47 i LOT 90 I LOT 91 i LOT 92 1 COI 93 11 0
I I I I I 1 I it 06
It 'c-_ L ?'?11-? - I t I I r II Z
I SST.
LALL-?(PL1J
I A VENUE
ROff OF WAY (p) I uO
1
I
I I
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 DESCRZPT=ON
SHEEP 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 PINELLAS 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 NOS-32.30-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 TT) THE LEFT HAVING A RADIUS OF 40.00 FEET,
A CHORD OF 5.23 FEET AND A CHORD BEARING N01'4r31'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 2&66 FEET. A CHORD OF 33.22 FEET AND A CHORD
BEARING S30'04'20E. THENCE N90'oo'00'E. ALONG THE EASTERLY PROJECTION OF THE
NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 0.86 FEET; THENCE
S05'32'30'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 N84 27'30'W A
DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING.
CONTAINS. 2,568 SQUARE FEET (0.059 ACRES), MORE OR LESS.
NOTES:
1. NO WSIRUIffNIS OF RECORD LiEREC M EAMI MS. RO f OF WAY AND/OR
LEGEND OWNMV WERE FURl4SHM TO INS SURVEYOR DXCFPT AS SHOWN.
2 7HIS SIOM DOES NOT FMECf OR DETFRIDHE OWNERSFW
PLS PIROPBMW IRO SURVEYOR 3. USE OF THS SIQETTCH BY ANYONE OTHER TWIN THOSE PREPARED FOR WILL BE THE
La LICem Maim RE-USERS SOLE WSK WRHOW UMMM TO THE SURVEYOR.
PIQ DFORM1SN
DEED
OESCRPROR IIFORMOM 4. THE SIa:1CH WAS PREPARED WIDM 7NE BENEFif OF A =Off UU COMMMM
or AND S SUBJECT TO EASEWNM Pof HM-OF-WAY AND SwtM HATTERS OF TIriE
POB POW OF B89R = 5. MERMAN BASED ON THE NORM MMARY OF LOT 44 AS BEAMG N90T WOO-E (P).
PREPARED FOR• I')
The Related Group DATE. 4/28/08
8021
DRAWM# PARCEL-C it( Project No.
0mck.d By JAC tlsid Book
Drown Or JAC Pccas -
SUNCOAS'f LAND SURVEYING, Inc.
111 FOREST LAKES BOULEVARD
OLDSMAR, FLA. 34Wn
BOWMAW - TOPOMPM - CONSH CM STAKM
4513 PHONE: (813) 854-1342 FAIR: (813) 855-6890
SURVEYOR'S CERTFICATE
I Aaft CONS and m. SUMO d*i*d bs a p 5 ada aw IJapO1tom
OMMM a m• d.ed l ao.A as =do ar twat IMMMM sM&M mt tam y
Ir FILIm11 BOt1? ?F NZESSOW MM SIRETIIS In Oap6r 81017-4. FUMM
AOIl60IIE paost tr Sa Bs, 02M. FUMM AIOLIES
1aR YaLO amaa 9E 99aIlUE Ala w OT M A PJUiM Ui8L5® weelm
SliIem me WNW 1 1. A ?7 _
MIL-9.14:
SKETCH of DESCR=PTrON
SHEET 2 OF 2 SHEETS
SCALE : 1' = 50'
25' 50'
GULFVIEW BOULEVARD
79.39'- -
/ RIGW OF 9NY (P)
/ MATED PER OR 8001( 14168 PACE 2538 \
N89.54'00"w 145.71' 1
/ - C4
/"" - - LOT 1 BLDCK 'l1' L)
COLUMBIA SUBDMSION ?'1
PLAT BOOK 23 PAGE 80
l 14 (PI
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I I LOT 44 I LOT 45 I LOT 46 I LOT 47 I Largo I LOT 91 I LOT 92 I 93 c
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cum RADIUS ARC LENGTH CHORD LENGTH CHOeo BEARING
C1 40.00' 5.24' 5.2X 1 N01'4 31'E
C2 28.66' 35.43' 33 22 S30'04'2O'E
C3 40.00 61.40' 55.54 S 45'5544' E
C4 28.66' 12.21' 12.12' S 77*41'47' E
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UNE BEARING DISTANCE
L1 NB4 2 3O'W 18.00
L2 N90'00'00E 0.88'
L3 N84'27 30" W 1
Parcel D
SKETCH of DESCRIPT=ON
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 SUBDIVISION 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:
LEGEND 1. NO INSTRUMENTS OF RECORD REFLECTING EASEMENIS. RN:HT OF WAY AND/OR
OWNERSHIP WERE FURNGM TO THIS SURVEYOR EXCEPT AS SHOWN.
2. THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP.
Ply PFA93SONAL LAND Inc= 3. USE OF THIS SWCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL BE THE
LB
S UCO® BUS/EE RE-USERS SOLE RISK WTNOUT UABILTY TO THE SURVEYOR
4. THE SKETCH WAS PREPARED WTHOUT THE BENEFff OF A CURRENT TTI
E COMMITMENT
P0
8 D® or OESCRPIgN tFDR11101011
POW OF .
AND IS SUBJECT TO FASEMENTS, RIGHTS-OF-WAY AND SMILAR MATTERS OF TME.
5. MERWIAN BASED ON THE NORTH BOUNDARY OF LOT 44 AS BEARPIG N9TW00-E (P)
PREPARED FOR- DRAVANG# PARCEL-O Project No. 8021
The Related Group
11 1 DATE 4/28/08 Checked By JAC Field Book
ILOr"n By JAC Noss -
SURVEYOR'S COEMMCATE
SUNCOAST LAND SUS MTG. Inc. away 'Aw=*a,rro 0°'?' mamm(9e?Aia+rLtr ewe iw a pxrorm,a mas mrr sftt *&
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/e? BMOMAff - 10POGRAI'M - CaftV JCH011 SIAIODUT SIR MS AND iw4F8'
LB 451a7 PHONE (M3) 854-1342 FAX (813) 856-8890 ---- - - - -
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OF WAY (p) ° I
EXHIBIT "C" TO
AMENDED AND RESTATED
CONTRACT FOR EXCHANGE OF REAL PROPERTY
PARCELJ
Parcel J
SKETCH of DESCRTPTION
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,
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 LYING 1.0 FEET WESTERLY OF
THE WESTERLY BOUNDARY OF LOT 1, BLOCK A, COLUMBIA SUBDIVISION, AS RECORDED
IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELI.AS 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 N90'00'0O'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 N8f30'20-W. 6.00 FEET; THENCE N0529'40"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 N05'32'30'E, ALONG SAID
CENTERLINE A DISTANCE OF 15.06 FEET; THENCE N4631'37'E, A DISTANCE OF 7.42'
FEET TO THE POINT OF BEGINNING.
CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS.
LE END NOTES.
1. NO INSTRUMENTS OF RECORD RU ECim EASEMENTS, RIGHT OF WAY AND/OR
oWNMW WERE FURNMW TO THOS SURVEYOR EXCEPT AS SHOWN.
2. THIS SKETCH DOES NOT REFLECT OR DETERMINE OWNERSHIP.
PLS
La
R
POB - PRaFFS&K LAID IRWEYOR
LICENSED BtRam
PEAT 144
OFED or DE SON lM INFORW90
POW OF BH#sIDC 3. USE OF THIS SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR WILL DE THE
RE-Usm SOLE'RISK WITHOUT LIABLITY TO THE SURVEYOR.
4. THE SKETCH WAS PREPARED WRHODT THE BENEFIT OF A CURRENT TITLE COMMITMENT
AND IS SUBJECT TO FASENINM RIQiTS-OF-WAY AND SWAR MATTERS OF TIRE
5. MERIDIAN BASED ON THE NORTH BOUNDARY OF LOT 44 AS BEARD H1WOWOOT (P).
PREPARED FOR lI(
The Related Group I DATE 4/28/08
DRAINING# I PARCEL?1 )I( Project No. 8021
Checked By JAC Field Book
Drawn By JAC Panes
SUNCOAST LAM SURVEYING, Inc.
111 FOREST LAKES BOULEVARD
OLDSMAR. FLA. 34677
BOUNDARY - TOPOIRAPMC - C01M=C110N STAKEOIR
45113 PHONE (813) 854-1342 FAX (813) 855-8890
SURVEYOR'S cERTF1cm
am* ad an SOU doom Mm m puraoied andr aW RESPONSKE
ao a *W^ aid ? Or Lfllrltl n3 um S[AT3IA m ad taM by
? mm FMFEMM UM SUd4E= m Cagfkr81G17-o. RDBM
KSRWK CODE are?mt ` SEEM 47l.Oa. eater _
WD W DW IM M ue OMOK RED S?L OF Urmasm
]OR = W~. II A / N
SKETCH of DESCRZPTION
SHEET 2 Of 2 SHEETS
i
SCALE : 1' = 30' i?
i
0' 15' 30' C
pal RIGHT OF WAY LK
LOT
LDT BDMSION
? PAGE 60
LPARCEL J ? lot 44 '
L3 '
Q m ? ?
?y LOT 44 ' LOT 45
J1e? IL
?y
Y I m
m U,
THE LLof D-WHITE-SKINNER SUBDIVISION
W PVT BOOK 13 PAGE 12713
Lot Co
PXRST A VENUE
LINE BEARING DISTANCE
L1 S41'2B'18'E 16.55'
L2 S05'29'40'IN 0.58
U S8s30'20'E LOG'
L6 N41'0013-w 17.95'
U N48'3157'E 14.15'
L8 N90'WOO'W 34.32'
L9 N05'32'301
088'
L10 MKMO*00'E
382'
L17 40'E 20.00'
LIB SD5'SZ30'W 15.06'
L19 N48 VVE 7.42'
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARM
C3 34.00' 1 2687' 26.1 N28-1129-E (D) I
EXHIBIT L
REPRESENTATIVE CROSS SECTION OF SECOND STREET
60' RIGHT-OF-WAY
36' - 2ND STREET
I ZOO%
702' CURB do GUTTER
PER MOT INDEX #300
10' CONC. SIDEWALK
2.OOX
2' CURB do GUTTER
PER MOT INDEX #300
10'
TYPICAL CROSS SECTION
Not To Scale
EXHIBIT L
EXHIBIT M
PARKING PROTOCOL
The following parking protocol shall be implemented by the Developer in order to provide
adequate parking for guests and employees and to reduce the incidence of traffic backups at the
entrance to the Project at the Coronado Ave. porte cochere:
1. Adequate valets shall be employed to handle anticipated traffic volumes. Valets 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, the public and hotel staff.
2. Vehicles awaiting valet service shall be parked in the porte cochere area of the Project (the
"Porte Cochere") so long as space is available.
3. Hotel event planners will take all steps reasonably necessary to provide additional valet to
prevent a traffic backup on Coronado Avenue. In extraordinary circumstances, guests can be
directed to enter the valet queue either under the Porte Cochere or enter the garage directly
from Second Street to await valet service. For example, (i) parties booking such events will
be provided copies of written directions suitable for distribution advising guests directing
them to proceed directly to the Second 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.
4. Hotel employees shall be permitted to park in the garage pursuant to the same operational
procedures as guests at a rate not to exceed the daily public parking rate set by the City of
Clearwater for public parking lots on South Clearwater Beach.
EXHIBIT N
DEVELOPERS PRO RATA SHARE CALCULATION AND REPAYMENT SCHEDULE
K&P Clearwater Estates Pro-rata Share Calclulation
9/24/2008
Total South Gulfview Construction Costs (Coronado to Adams Mark)
Less Utility Costs (Water, Sewer, Stormwater)
Construction Costs Prior to Grants
Less Anticipated Grants
FHWA Transportation Safety Grant
FHWA Bike Path Grant
FHWA Sidewalk Grant
HUD Construction Grant
Construction Costs Subject to Reimbursement
Total project length = 2330'
K&P South Gulfview frontage = 780'
K&P % = 78072330'
K&P Share of Costs
Traffic Impact Fee Calculation
350 "resort hotel" units @ $3,208/unit
75 condominium units @ $1,270/unit
Credit of 200 "motel (budget style)" units @ $910/unit
Total Traffic Impact Fee due
Less City 50% share of Traffic Impact Fee
Net Amount Due from K&P Clearwater Estates
Less Payments Received
Invoice #1
Invoice #2
Invoice #3
Invoice #4
Invoice #5
Invoice #6
BALANCE DUE
$ 16,319,126
(1,898,518)
14,420,608
$ (2,951,784)
(491, 964)
(350,000)
(843,200)
(4,636,948)
9,783,660
33.476395%
$ 3,275,217
$ 1,122, 800
95,250
1,218,050
(182, 000)
$ 1,036,050
(518,025)
$ 2,757,192
Date Received
7/17/2007 $ (229,175.66)
9/28/2007 (628,862.49)
1 /31 /2008 (816,128.83)
4/8/2008 (529,656.59)
7/8/2008 (342,167.52)
(146,958.34)
$ 64,242.57