CLOSING BINDER - ANNEX SITE PROPERTY
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ONE CITY. ONE FUTURE.
City Attorney's Office
Interoffice Correspondence Sheet
TO: Cynthia E. Goudeau, City Clerk
FROM:
Janis M. Przywara, Administrative Support Manager
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SUBJECT: Closing binder - Annex Site Property
Information Management Resources - Closing Date July 31, 1998
DATE: August 28, 1998
Enclosed for City records is the closing binder containing some original
documents and copies of others in the above transaction.
Ijmp
Enclosure
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Copy to:
Margie Simmons, Finance Director
HOLLAND & ~GHf LLP
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One Progress Plaza
200 Central Avenue, Suite 1600
P. O. Box 3542 (ZIP 33731-3542)
St. Petersburg, Florida 33701
727-896-7171
FAX 727-822-8048
http://www.hklaw.com
Atlanta
Boca Raton
Fort Lauderdale
Jacksonville
Lakeland
Melbourne
Mexico City
Miami
New York
Northern Virginia
Orlando
San Francisco
Tallahassee
Tampa
Washington, D.C.
West Palm Beach
MARSHA L. SPINELLA
727 -824-6203
August 27, 1998
Internet Address:
mspinell@hklaw.com
Pamela Akin, City Attorney
City of Clearwater
Legal Department
112 S. Osceola Avenue
Clearwater, Florida 34616
Re: City of ClearwaterlInformation Management Resources
RECEIVED
AUG Z 8 1998
CITV ATTORNEY
ATTN: Jan
Dear Jan:
In connection with the above matter, I enclose a copy of the closing binder,
Please note that the package contains some original documents, as indicated in the
right margin of the index.
Please do not hesitate to contact us if you require anything else at this time.
Very truly yours,
HOLLP.lND & KNIGHT LLP
~
Marsha L. Spinella,
Legal Secretary
Ene.
STP-221202
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HOLLAND & KNIGHT
BUYER:
INFORMATION MANAGEMENT RESOURCES,INC.,
a Florida corporation
SELLER:
THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA, a public
body corporate and politic of the State of Florida
PURCHASE PRICE:
$1,493,056.00
CLOSING DATE:
July 31, 1998
INDEX OF DOCUMENTS
o = Original/C = Copy
(furnished to client)
1.
Commonwealth Land Title Insurance Company
- Commitment No. 864-120244
- Endorsements 1 and 2 to Commitment No. 864-120244
C
2.
Corrective Warranty Deed dated July 7, 1998 and recorded on July 23,
1998 in O.R. Book 10177, Page 856, Public Records of Pinellas County,
Florida
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3.
Second Corrective Warranty Deed dated August 3, 1998 and recorded on
August 7, 1998 in O.R. Book 10195, Page 2206, Public Records of Pinellas
County, Florida
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4.
Memorandum of Development Agreement (IMR Global Center Project)
dated July 30, 1998 and recorded on August 7, 1998 in O.R. Book 10195,
Page 2210, Public Records of Pinellas County, Florida
o
5.
Special Warranty Deed dated July 30, 1998 and recorded on August 7,
1998 in O.R. Book 10195, Page 2214, Public Records of Pinellas County,
Florida
C
6.
Perpetual Use Easement Agreement and Grant of Purchase Right dated
July 31, 1998 and recorded on August 7, 1998 in O.R. Book 10195, Page
2229, Publ~c Records of Pine lIas County, Florida
C
7.
Ingress and Egress and Utility Easement Agreement dated July 30, 1998
and recorded on August 7, 1998 in O.R. Book 10195, Page 2217, Public
Records of Pine lIas County, Florida
C
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8. Temporary Ingress and Egress and Utility Easement Agreement dated
July 30, 1998 and recorded on August 7, 1998 in O.R. Book 10195, Page
2244, Public Records of Pinellas County, Florida C
9. Drainage Easement Agreement dated July 30, 1998 and recorded on
August 7, 1998 in O.R. Book 10195, Page 2255, Public Records of Pinellas
County, Florida C
10. Closing Statement 0
11. Escrow Instruction Letter C
12. Acknowledgment of and Agreement on Phase I Global Center Project
Plans and Specifications 0
13. Acknowledgment of and Agreement on Construction Schedule for Phase
I of the Global Center Project 0
14. Acknowledgment of and Agreement on Infrastructure Improvement Plans
and Specifications 0
15. Acknowledgment of and Agreement on Infrastructure Schedule 0
16. Certificate of Covenants, Representations and Warranties by IMR 0
17. Certificate of Covenants, Representations and Warranties by City of
Clearwater 0
18. Affidavit Regarding Unrecorded Leases C
19. Affidavit Regarding Private Road Easement C
20. Title, Gap & FIRPTA Affidavit and Construction Lien Indemnification C
21. Affidavit of No Liens C
22. Letter from GTE Network Services Regarding Removal of Lines on Global
Center Project C
23. Letter from Florida Power Corporation Regarding Release of Existing
E~eme~ C
24. Letter from City of Clearwater Regarding Abandonment of Easement for
Utility Lines C
25.
26.
27.
STP-220727
.
.
Certificate of Good Standing for Information Management Resources,
Inc.
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Insurance Binders
C
Survey prepared by Evans Land Surveying, Inc. dated July 31, 1998
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riiiI Commonwealth at
~ Land Title Insurance Company
Commitment For Title Insurance
COMMITMENT NUMBER
8blf-J202ltLf
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever first occurs, provided. that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized Officer or Agent of the Company.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
A""(J~;fJ ~~y By w~""
merican Land Title Association Commitment - 1966
Face Page
Form 1004-217
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
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COMMONWEALTH LAND
TITLE INSURANCE COMPANY
Commitment for Title Insurance
SCHEDULE A
Commitment No.: 864-120244
Effective Date: June 29, 1998 at 8:00 a.m.
File Number: CL306038
Agent File No.: 39817.4
1. Policy or Policies to be issued:
OWNER'S: ALTA Owners Policy Form B-1970 (Rev. 10-17-70 and Rev.
10-17-84)
Amount of Insurance: $(TOBE DETERMINED)
Proposed Insured:
INFORMATION MANAGEMENT RESOURCES, INC.,
a. Florida corporation
LOAN:
Proposed Insured:
NONE.
2. The estate or interest in the land described or referred to in this Commitment and covered herein
is a fee simple interest as to the land described in Exhibit "B" and the dominant estate in and to
certain easements more particularly identified in Schedule B-Section 1, Items 2(c) through 2(f),
as to the land described in Exhibits "B," "C," "D," "E" and "F," and title thereto is at the effective
date hereof vested in:
COMMUNITY REDEVELOPMENT AGENCY, . a/k/a THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a Florida governmental agency
created pursuant to Part ill, Chapter 163, F.S., as to the lands
described in Exhibits "B" and "C" to and THE CITY OF
CLEARWATER, FLORIDA, a municipal corporation, as to the
lands described in Exhibits "D," "E" and "F."
3. The land referred to in this policy is described as follows:
LEGAL DESCRIPTION, AS SET FORTH IN EXHIBITS "B," "C,"
"D," "E," AND "F," IS ATI'ACHED HERETO AND MADE A PART
HEREOF
Note: Exhibit "A" is intentionally omitted.
HOLLAND & KNIGHT LLP
200 Central Avenue, Suite 1600
P.O. Box 3542
St. Petersburg, Florida 33731-3542
(727) 896-7171
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Authorized Officer or Agent
STP-215715
Countersigned:
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EXHIBIT "Hi'
(Southerly Portion--Fee Simple)
A portion of the following tract: Lots 28, 29 and 33 through 39, inclusive,
of CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida (of which Pinellas County
was formerly a part); Lots 1 through 21, inclusive, of JANIE DANIEL'S
SUBDIVISION as recorded in Plat Book 5, Page 23 of the Public Records
of Pine lIas County, Florida; U nsubdivided Lot 1 (less that portion of
unsubdivided Lot 1 which has been resubdivided as JANIE DANIEL'S
SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the
Public Records of Pinellas County, Florida; together with all vacated
rights-of-way between the above lots and subdivisions; LESS AND
EXCEPT the existing rights-of-way of record for Cleveland Street and
Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
Lot 5), of the aforementioned REVISED MAP OF RH. PADGETT'S
SUBDIVISION as a Point of Beginning, thence N89011'57"W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot - 5) of said subdivision a distance of 580.72 feet to a point on the
proposed Easterly right-of-way of Madison Avenue which is 22.50 feet
East of the Southwest corner of subdivided Lot 4 of said REVISED MAP
OF RH. PADGETT'S SUBDMSION; thence NOoo01'44"W along said
proposed right-of-way a distance of 628.66 feet to a point; thence
N09022'09"E, for a distance of 55.42 feet; thence NOoo01'44"W, for a
distance of 118.34 feet; thence S89041'48"E for a distance of 254.70 feet;
thence S61 o58'11"E for a distance of 161.20 feet; thence S89041'48"E for
a distance of 180.0 feet to an intersection with the Westerly right-of-way
of Missouri Avenue, (being 44 feet Westerly of the East line of the
Northwest 1/4 of Section 15, Township 29 South, Range 15 East); thence
SOoo03'52"E along said Westerly right-of-way, a distance of 731.81 feet to
an intersection with the Easterly projection of the Northerly boundary of
Lots 2 through 13, Block 5 (also known as subdivided Lot 5) of the said
REVISED MAP OF R.H. PADGETT'S SUBDIVISION, thence
N890 11'57"W along said projection, 5.80 feet to the Point of Beginning.
STP-214332
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EXlDBIT "e"
(North Portion--PerpetuaI Easement)
A portion of the following tract: Lots 14 through 33, inclusive, and Lots
38 and 39 of CLEARWATER HEIGHTS, as recorded in Plat Book 4, page
99 of the Public Records of Hillsborough County, Florida (of which
Pinellas County was formerly a part), together with all vacated rights-of-
ways between the above lots in subdivisions, LESS AND EXCEPT the
existing rights-of-ways of record for Cleveland Street and Missouri
Avenue, and being more particularly described as follows:
From the Northwest corner of Lot 14 of said CLEARWATER HEIGHTS
as a Point of Reference, thence S89041'48"E along the deeded Southerly
right-of-way of Cleveland Street, a distance of 25.30 feet to a Point of
Beginning; thence continue S890 41' 48"E along said Southerly right-of-way
for a distance of 576.76 feet to an intersection with the Westerly right-of-
way of Missouri Avenue; thence SOoo03'52"E along said Westerly right-of-
way for a distance of 300.00 feet; thence N89041'48"W a distance of
180.00 feet; thence N61058'11"W for a distance of 161.20 feet; thence
N89041'48"W for a distance of 254.70 feet to an intersection with the
proposed Easterly right-of-way of Madison Avenue; thence NOoo01'44"W
along said proposed Easterly right-of-way for a distance of 225.00 feet to
the Point of Beginning.
STP-214335
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EXHIBIT "D"
(Additional Madison Avenue Right-of-Way)
A portion of the following tract: Lots 14, 27, 28 35 and 36 of
CLEARWATER HEIGHTS; Lots 4 through 9, inclusive, of JANIE
DANIEL'S SUBDMSION; Unsubdivided Lot 4 ofthe REVISED MAP OF
RH. PADGETT'S SUBDMSION; and all vacated rights-of-way between
the above lots and subdivisions. Being more particularly described as
follows:
From the Southwest corner of unsubdivided Lot 4, REVISED MAP OF
RH. PADGETT'S SUBDNISION, as recorded in Plat Book 4, Page 32 of
the Public Records of Pinellas County, Florida, as a Point of Beginning;
thence NOOo01'44"Walong the West boundary of said unsubdivided Lot
4, and along the West Boundary of JANIE DANIEL'S SUBDMSION, as
recorded in Plat Book 5, Page 23, of the Public Records of Pine lias
County, Florida, a distance of 662.65 feet to the Northwest corner of Lot
4 of said JANIE DANIELS SUBDMSION; thence S89013'41"E, along the
North boundary of said Lot 4, a distance of 6.25 feet to an intersection
with the Southwest corner of Lot 36 of CLEARWATER HEIGHTS, as
recorded in Plat Book 4, Page 99 of the Public Records of Hillsborough
County, Florida (of which Pinellas County was formerly a part); thence
along the West boundary of said CLEARWATER HEIG HTS,
NOoo01'44"W, for a distance of 363.93 feet to an intersection with the
Southerly right-of-way of Cleveland Street; thence S89041' 48"E along said
right-of-way a distance of25.30 feet; thence SOooOl'44"E for a distance of
343.34 feet to a point; thence S09022'09"W for a distance of 55.42 feet;
thence SOooOl'44"E for a distance of 628.66 feet to an intersection with
a point on the Southerly boundary of said unsubdivided Lot 4, REVISED
MAP OF RH. PADGETT'S SUBDMSION; thence N89011'57"W along
said Southerly boundary for a distance of 22.50 feet to the Point of
Beginning.
STP-214365
STP-215690
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EXlDBIT "E"
(Ingress-Egress Easement)
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Lots 9, 10 and 11, Block 5 (also known as subdivided Lot 5) of the
REVISED MAP OF R.H. PADGETT'S SUBDIVISION, as recorded in Plat
Book 4, page 32, of the Public Records of Pine lIas County, Florida.
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EXHIBIT "F"
(Easement for Drainage)
Tract 1:
LOTS 16, 17 and 18, BLOCK 5 (also known as subdivided Lot 5) of the
REVISED MAP OF R.H. PADGETT'S SUBDIVISION, as recorded in Plat
Book 4, page 32, of the Public Records of Pinellas County, Florida.
Tract 2:
The West 2/3 of Lot 9; All of Lots 10 and 11 AND the North 60.0 feet of
Lots 12 and 13 of W.F. HUGHEY'S SUBDIVISION, as recorded in Plat
Book 1, page 70, of the Public Records of Pinellas County, Florida.
Tract 3:
LOTS 13 and 14, BLOCK 1 of MOASE AND HARRISON'S
SUBDIVISION OF LOT 7 of R.H. PADGETT'S SUBDIVISION, as
recorded in Plat Book 2, page 85, of the Public Records of Pinellas
County, Florida.
STP-215690
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Commi tment No. 864-120244
Company File No. CL3Q6038
Agent File No. CLEARWATER
Revision NO.2
SCHEDULE B-SECTION 1
The following are the requirements to be complied with:
1. Payment of the full consideration to or for the account of the grantors or
mortgagors.
2. Instrument(s) creating the estate or interest to be insured must be approved,
executed and filed for record:
a) Corrective Warranty Deed from THE CITY OF CLEARWATER, a municipal
corporation to THE COMMUNITY REDEVELOPMENT AGENCY which corrects the legal
description set forth in that certain Warranty Deed recorded in Official
Records Book 9995, page 958 to conform with the legal description set forth
in Exhibit "A".
b) Warranty Deed from THE COMMUNITY REDEVELOPMENT AGENCY, a/k/a THE COMMUNITY
REDEVLOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a Florida
governmental agency created pursuant to Part III, Chapter 163, F.S.,
conveying the lands described in the attached Exhibit "B" to INFORMATION
MANAGEMENT RESOURCES, INC., a Florida corporation. Said deed to be executed
in accordance with the provisions of Chapter 163, F.S.
c) Easement for ingress and egress over and across the lands described in the
attached Exhibit "E" from THE CITY OF CLEARWATER, FLORIDA, a municipal
corporation to INFORMATION MANAGEMENT RESOURCES, INC., a Florida
corporation.
d) Easement for drainage purposes over and across the lands described in the
attached Exhibit "F" from THE CITY OF CLEARWATER, FLORIDA, a municipal
corporation to INFORMATION MANAGEMENT RESOURCES, INC., a Florida
corporation.
e) Easement for ingress and egress over and across the lands described in the
attached Exhibit "D" from the COMMUNITY REDEVELOPMENT AGENCY, a/k/a the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a Florida
governmental agency created pursuant to Part III, Chapter 163, F.S. to
INFORMATION MANAGEMENT RESOURCES, INC., a Florida corporation.
f) Use and Access Easement over and across the lands described in the attached
Exhibit "C" from the COMMUNITY REDEVELOPMENT AGENCY, a/k/a the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a Florida
governmental agency created pursuant to Part III, Chapter 163, F.S. to
INFORMATION MANAGEMENT RESOURCES, INC., a Florida corporation.
3. Payment of all taxes, charges, assessments, levied and assessed against subject
premises, which are due and payable.
4. Submit proof from the City of CLEARWATER, that any outstanding municipal
assessments due, have been paid.
5. Proof, satisfactory to Commonwealth Land Title Insurance Company, that the
"Private Road Easement" as shown and depicted on the Pinellas County Property
Appraiser's Tax Map, as same affects that portion of Insured Premises lying
within Lot 1 (less JANIE DAN.IELS SUBDIVISION) of the REVISED MAP OF R. H. PADGETTS
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Commitment No. 864-120244
Company File No. CL3Q6038
Agent File No. CLEARWATER
Revision No. 2
SUBDIVISION as filed in Plat Book 4, page 32 does not exist and that there are no
parties, including but not limited to "the public", which have a right of use in
and to said "Private Road Easement".
6. Upon receipt of this Commitment, you must obtain written authorization from the
Company to issue the commitment if the amount of the policy or policies to be
issued exceeds your agency limits.
7. The Company reserves the right to make additional requirements when additional
facts are disclosed by the compliance of the requirements shown on Schedule B,
Section 1 herein.
END OF SCHEDULE B-SECTION 1
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Commitment No. 864-120244
Company File No. CL3Q6038
Agent File No. CLEARWATER
Revision No. 2
SCHEDULE B-SECTION 2
Schedule B of the policy or policies to be issued will contain exceptions to the following
matters unless the same are disposed of to the satisfaction of the company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effective
date hereof but prior to the date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
2. Rights or claims of parties in possession not shown by the public records.
3. Easements or claims of easements not shown by the public records.
4. Encroachments, overlaps, boundary line disputes, and any other matters which
would be disclosed by an accurate surveyor inspection of the premises.
5. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
6. Any claim that any part of said land is owned by the State of Florida by.right of
sovereignty, and riparian rights, if any.
7. Taxes for the year of the effective date of this Commitment and taxes or
assessments which are not shown as existing liens by the public records or which
may be levied or assessed subsequent to the date hereof. Said taxes become a
lien as of January 1 of each year, but are not due and payable until November 1
of that same year, pursuant to section 197.333F.S.
8. Taxes or. assessments for the year 1998 and subsequent years, and taxes or
assessments which are not shown as existing liens by the public records.
9. Easement in favor fo FLORIDA POWER CORPORATION recorded in Official Records Book
1299, page 489 of the Public Records of Pinellas County, Florida, as to Lot 30 of
CLEARWATER HEIGHTS. (as to Exhibit "C" lands)
10. Easement in favor of FLORIDA POWER CORPORATION recorded in Official Records Book
5462, page 512, of the Public Records of Pinellas County, Florida, as to Lot 23
of CLEARWATER HEIGHTS. (as to Exhibit "C" lands)
11. Easement for sidewalk, drainage and utilities for use of the general public and
the CITY OF CLEARWATER, as set forth in Resolution No. 5369, page 2185, of the
Public Records of Pinellas County, Florida, as to that part of the insured
premises lying within the West 6.0 feet of the East 50.0 feet of the NW 1/4 of
Section 15, Township 29 South, Range 15 East. (as to Exhibit "B" lands and
Exhibit "C" lands)
12. Terms and conditions of unrecorded lease in favor if STONE BUICK, INC., as to
that portion of the insured premises assessed under Tax I.D. No.
J.5-29-15-30798-000-0140. (as to portions of Exhibits "B", "C" and "D" lands)
13. Agreement by and between BEULAH LEE AND ALBERT L. ROGERO, JR. AND MARY M. ROGERO
recorded in Official Records Book 5827, page 1937; thereafter, said ALBERT L.
ROGERO, JR. AND MARY M. ROGERO assigned their interest in said Agreement to
THOMAS J. DONNELLY AND LARRY C. HOFFMAN AND CHERYL A. HOFFMAN by Assignment of
Agreement recorded in Official Records Book 6197, page 354, both of the Public
Records of Pinellas County, Florida. (as to the West 2/3 of Lot 9 of Tract 2 of
Exhibit "F" lands)
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Commitment No. 864-120244
Company File No. CL306038
Agent File No. CLEARWATER
Revision NO.2
14. Declaration of Unity of Title recorded in Official Records Book 9305, page 1967,
of the Public Records of Pinellas County, Florida. (as to Tracts 2 and 1 of
Exhibit "F" lands)
15. Terms and conditions and provisions of those certain easements granted pursuant
to Schedule B-Section 1, Item 2 hereof.
16. Liability under this policy is presently limited to the purchase price of the
land, but will increase automatically to include the actual cost of improvements
erected thereon, made in good faith and fully paid for, but liability under this
policy shall never exceed the face amount of the policy.
NOTE: Item 7 above is hereby deleted in its entirety.
END OF SCHBDULB S-SBCTION 2
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ISSUED By
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT FOR
TITLE INSURANCE
Commonwealth
CONDITIONS AND STIPULATIONS
I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actuall,oss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by 'this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are
made a part of this Commitment except as expressly modified herein.
4. Any action or actions or righ ts of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitmenl
must be based on and are subject to the provisions of this Commitment.
American Land Title Association Commitment - 1966
Cover Page
Form 1004-121
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~ COMMONWFALTH
lAND TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
ENDORSEMENT NO. 1
To be annexed to and form a part of Commitmen~~ No. 864-120244,
INFORMATION MANAGEMENT RESOURCES, INC., a Florida corporation,
msunng
as set forth in said Commitment/Policy.
The said Commitment/Policy is hereby amended in the following manner:
Schedule A, Item 1, the amount of the Owner's Title Insurance
Policy is amended to read: $1,493,056.00.
Schedule B-Section 1, Item 6, is hereby DELETED.
Schedule B-Section 2, Item 6 is hereby DELETED.
The total liability of the Company under said commitment/policy and any endorsements attached thereto shall
not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the
provisions of said commitment/policy to pay.
This endorsement is made a part of said commitment/policy and is subject to the exclusions, schedules,
endorsements, conditions, stipulations and terms thereof, except as modified by the provisions hereof.
Nothing herein contained shall be construed as extending or changing the effective date of said
Commitment/Policy, unless otherwise expressly stated.
IN WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY
corporate name and seal to be hereunto affixed by its duly authorized officers on the 21st
July . A.D. 1998 .
COMMONWEALTH LAND TITLE INSURANCE COMPANY
" ~4?~;,,",
^'~, J-u IJJ~c
has caused its
day of
Countersigned
--
//i:)~~/;;~
/ Authorized Officer or Agent
By
Form 1013
ORIGINAL
e
.
~ COMMONWFALTH
lAND TInE INSURANCE COMPANY
A Reliance Group Holdings Company
ENDORSEMENT NO. 2
To be annexed to and form a part of.Commitment/~~No. 864-120244,
INFORMATION MANAGEMENT RESOURCES, INC., a Florida corporation,
insuring
as set forth in said CommitmentIPolicy.
The said CommitmentIPolicy is hereby amended in the following manner:
See continuation sheets attached.
The total liability of the Company under said commitment/policy and any endorsements attached thereto shall
not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the
provisions of said commitment/policy to pay.
This endorsement is made a part of said commitment/policy and is subject to the exclusions, schedules,
endorsements, conditions, stipulations and terms thereof. except as modified by the provisions hereof.
Nothing herein contained shall be construed as extending or changing the effective date of said
CommitmentIPolicy, unless otherwise expressly stated.
IN WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY
corporate name and seal to be hereunto affixed by its duly authorized officers on the 4tfi
August A.D. 19 98.
has caused its
day of
Countersigned
COMMONWEALTH LAND TITLE INSURANCE COMPANY
" ~$~~",
A"". rf-'lfJ r:f
By/~7)~II~
Authorized Officer or Agent
Form 1013
ORIGINAL
e
.
Continuation (Page 1 of 2)
ENDORSEMENT No.2
to .Commonwea1th Land Title Insurance Company
Commitment No. 864.120244
Schedule A, the Effective Date is amended to read: July 31, 1998 at 8:00 a.m.
Schedule A, Item 3 is amended by replacing EXHIBITS "B," "C," "D," "E," and "F" with
the correspondingly lettered REVISED EXHIBITS "B," "C," "D," "E," and "F" attached
hereto.
Schedule B, Section 1 is amended by the deletion of Items 1 through 5, inclusive, and
Items 7.
Schedule B, Section 2 is amended by the deletion of Items 1 through 5 inclusive, and
Items 7, 9 and 12.
Schedule B, Section 2, Item 16 is amended in its entirety to read as follows:
16. Pending such time as the improvements contemplated upon the insured
premises shall be commenced, liability under this policy is limited to the
purchase price paid for the land; but as and when the erection of such
improvements shall be commenced, liability hereunder shall increase, as
the improvements progress in the amount of the cost thereof, up to the
face amount of the policy.
Schedule B, Section 2, is further amended by the addition of Item 17, as follows:
17. The following adverse matters as shown on the survey prepared by Evans
Land Surveying, Inc. dated July 23, 1998:
A. A traffic box encroaches without apparent benefit of easement onto
(i) an area designated as an easement for the benefit of FLORIDA
POWER CORPORATION recorded in Official Records Book 5462, page
512, and (ii) the subject land at the northeast corner of that portion of the
land which is legally described on Exhibit C attached hereto.
B. A fire hydrant encroaches without apparent benefit of easement
onto the subject land at the northerly boundary of that portion of the land
which is legally described on Exhibit C attached hereto..
C. A power pole with guide wires encroaches without apparent benefit
of easement onto the subject land at the westerly boundary of that portion
of the land which is legally described on Exhibit D attached hereto.
e
e
Continuation (Page 2 of 2)
ENDORSEMENT No.2
to Commonwealth Land Title Insurance Company
Commitment No. 864-120244
D. A power pole with GTE pedestal encroaches without apparent
benefit of easement onto the subject land at the westerly boundary of that
portion of the land which is legally described on Exhibit D attached
hereto.
E. A water main encroaches without apparent benefit of easement
onto the subject land at the westerly boundary of that portion of the laIid
which is legally described on Exhibit D attached hereto.
F. A water main encroaches without apparent benefit of easement
onto the subject land at the easterly part of Unsubdivided Lot 4 of the
Revised Map of R.H. Padgett's Subdivision.
G. Guide wires from a Florida Power Corporation power pole with
guide wires encroach without apparent benefit of easement onto the
subject land at the easterly boundary of Unsubdivided Lot 1 of the
Revised Map of R.H. Padgett's Subdivision.
H. A water main encroaches without apparent benefit of easement
onto the subject land at the easterly boundary of Unsubdivided Lot 1 of
the Revised Map of R.H. Padgett's Subdivision.
Schedule, B, Section 2, is further amended by the addition of Item 18, as follows:
18. Transmission lines, purportedly belonging to GTE Florida, Incorporated,
crossing the subject property at an undisclosed location, without apparent
benefit of easement.
NOTE: GTE has executed a letter agreement undertaking to remove the
transmission lines identified above. A copy of said letter agreement has
been separately provided to the insured. This note is for informational
purposes only. Nothing contained herein shall be construed as insuring
the performance of any party under said letter agreement or any
particular right or remedy thereunder.
ALL OTHER MATTERS SHALL REMAIN THE SAME.
STP-217575
, .'i
,f-
~ INST # 98-234863
JLY 23, 1998 3:02PM
e
--------~-- -
PINELLAS COUNTY FLA
OFF.REC.8K 10177 PG 856
CORRECTIVE WARRANTY DEED
THI~..spRRECT TY DEED,
made this ~day of , 1998, by
the CITY OF CLEARWA , FL ID, a Florida
municipal corporation, w ose post office address is
P.O. Box 4748, Clearwater, FL 34618, hereinafter
called the GRANTOR, to the COMMUNITY
REDEVELOPMENT AGENCY, whose post office
address is P. O. Box 4748, Clearwater, FL 34618,
hereinafter called the GRANTEE, the federal tax
identification number of which is: 59-6000-289.
(Wherever used the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and
heirs, legal representatives and assignees of individuals, and the successors and assigns of corporations,)
WITNESSETH: That the GRANTOR, for and in consideration of the sum of
$10.00 and other valuable considerations, in hand paid by the grantee, receipt whereof
is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise,
release, convey and confirm unto the GRANTEE, all that certain land situate lying and
being in PINELLAS County, Florida, viz:
i'l F:;EGOHD\NG 0
(,('.CT / ~'1> 7
I '\.I __..____
j~C'DE
~ '::.~--S-;;o
. .t\... J_,.a..O
c R 21 9 ___._.~1._.
SEE EXlDBIT "A" ATIACHED HERETO AND
INCORPORATED HEREIN BY TillS REFERENCE
D2 _....._....--...- TOGETHER with all the tenements, hereditaments and appurtenances thereto
iN! ____....bekmging or in anywise appertaining.
.- i C. _......_. ......_ ...
CERT.M........,_ TO HAVE AND TO HOLD, the same in fee simple forever.
_..'~~...- -,-,~.. .,~'-"..
fEES .. ......._
MTF 1~--...~.... AND THE GRANTOR hereby covenants with said GRANTEE that it is lawfully
_.__ ~~ed of said land in fee simple; that it has good right and lawful authority to sell and
TCT;",\' __.COlUTey said land; that it hereby fully warrants the title to said land and will defend the
, /5 70 same against the lawful claims of all persons whomsoever; and that said land is free of
,)1" all encumbrances, except for liens, restrictions, covenants, assessments, easements,
..or! encroachments and any other encumbrances that are a matter of record.
THIS CORRECTIVE WARRANTY DEED is given to correct the legal description
in that certain Warranty Deed between the parties recorded in Official Records Book
~995, Page 958 of the Public Records of Pinellas County, Florida; and to further
dj::onfirm the conveyance of those lands described in the Summary Final Judgment
~uieting Title, in favor of the GRANTOR herein recorded in Official Records Book
~0093, Page 1450 of the Public Records of Pinellas County, Florida.
u....
: ;)
fO
+~ \2)( pd. $.----
[)OCumor..ry "'Ie \a)( Pd.
. ___.. Intl"'9I!,j, ,..
----". 'I ("'O'l(j."!
IL'--.'--'.-e6\a\<.8r. c\er\<..-FinenaS-~ U '.
Karleefl F. D,y1J]L. _ C'p,u\l CL.~
By -
.:.1
~.-"- ;"'..... ;j.JH
.
. PINELLRS COUNTY FLR,
FF ,REC ,BK 10 1 ~~G ~~_~,___
. '
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper officers
thereunto duly authorized, the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
ichael J. Roberto, City Manager
APned as ~o form:
pamela~,tin, City Attorney
~ (,,,- Aj'
t~_ c -. / ~-c,-LQD.
ia E. -Goudeau, City Cler.k
-- -~ - -
Printed Name: 6 .
~R~b%'1-
STATE OF FLORIDA
COUNTY OF PINELLAS
ED Hoo PEe) V ICE Mft'lok:.
BEFORE ME, personally appeared RITA GARVEY, the Mayor-Commissioner of the above-named
city, who acknowledged that she executed the foregoing instrument. She is personally known to me and
did not take an oath.
~
WITNESS my hand and official seal this ~ day of
C~i:~
Notary Public, State of Florida
My Commission Expires:
~
,1998.
#'l pt; CARC,;"VN L BRINK
~&~h COMMISSION il CC 463040
;" so EXPIRES MAY 22, 1999
~{'" ~ BONOEDTf'RU
~DF 'i\-~ AllANTlC BONDING co., INC.
(NOTARY SEAL)
STATE OF FLORIDA
COUNTY OF PINELLAS
STP.210790
WITNESS my hand and official
~~.~~~
My Commission Expires:
BEFORE ME, personally appeared MICHAEL J. ROBERTO, the City Manager of the
above-named city, who acknowledged that he executed the foregoing instrument. He
is personally known to me and did not take an oath.
'7~- UIL .
seal this _____ day of ~' 1998.
2 ~'{ PlJ CAl:.lO!..VN L. ER:NK
c:>.".!~.<9.<:::- COMMISSION # C. C 463040
z. _ ,C"> EXPIRES MAY 22,1999 -
~'t: ~ BONDE".D THRU
~OF ~\..~ ATLANTIC BONDING CO., INC.
'r--:.
~"l. "
.
e
. PINELLAS COUNTY FLA
. ~F,REC,BK 10177 PG 8~8
EXIllBIT "A"
(attached to Cun..d.iv.. Warranty Deed from City of C1earwater to Community ReDevelopment Agency)
Lots 14 through 39, inclusive, of CLEARWATER HEIGHTS, as recorded
in Plat Book 4, Page 99, of the Public Records of Hillsborough County,
Florida (of which Pinellas County was formerly a part); Lots 1 through
21, inclusive, of JANIE DANIEL'S SUBDIVISION as recorded in Plat
Book 5, Page 23 of the Public Records of Pinellas County, Florida;
Unsubdivided Lot 1 (less that portion of said unsubdivided Lot 1, which
has been resubdivided as JANIE DANIEL'S SUBDIVISION) and
unsubdivided Lot 4, of the REVISED MAP OF RH. PADGETT'S
SUBDIVISION, as recorded in Plat Book 4, Page 32 of the Public Records
of Pinellas County, Florida; together with all vacated rights-of-way
between the above lots and subdivisions; LESS AND EXCEPT the
existing rights-of-ways of record for Cleveland Street and Missouri
Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 of the aforementioned
Revised Map of RH. PADGETT'S SUBDIVISION as a Point of
Beginning, thence N89011'57"W along the Northerly line of Lots 2
through 13, Block 5 of said subdivision a distance of 599.87 feet to the
Northwest corner of Lot 13, Block 5 of said Revised Map of RH.
PADGETT'S SUBDMSION; thence NOoo35'34"W along the West
boundary of said unsubdivided Lot 4 for a distance of 333.19 feet; thence
NOIOI0'40"E along the West boundary of JANIE DANIEL'S
SUBDIVISION, as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida, a distance of 142.40 feet; thence continuing
along said boundary N06027'18"W a distance of 36.63 feet; thence
continuing along said boundary NOooOl'13"E, a distance of 150.21 feet;
thence along the West boundary of CLEARWATER HEIGHTS, as
recorded in Plat Book 4, Page 99 of the Public Records of Hillsborough
County, Florida (of which Pinellas County was formerly a part),
NOoo03'40"E, for a distance of 364.43 feet to an intersection with the
Souther ly right-of-way of Cleveland Street; thence S89 0 41' 48"E along said
right-of-way for a distance of 608.64 feet to an intersection with the
Westerly right-of-way of Missouri Avenue (being 44 feet Westerly of the
East line of the Northwest 1/4 of Section 15, Township 29 South, Range
15 East); thence SOoo03'52"E along said Westerly right-of-way, a distance
of 1031.81 feet to an intersection with the Easterly projection of the
Norther ly boundary of Lots 2 through 13, Block 5, of said REVISED MAP
OF RH. PADGETT'S SUBDMSION, thence N89011'57"W along said
projection 5.80 feet to the Point of Beginning.
".
... INST # 98-253379
~UG 7, 1998 5. 1 1 PM
4It PINELLAS COUNTY FLA.
OFF.REC.BK 10195 PG 2206
SECOND CORRECTIVE WARRANTY DEED
TIllS SECOND CORRECTIVE WARRANTY
DEED, made this 3rblay of tlu.Q~4- , 1998, by ~hii:2~i5htD_E~~I1UHI~~-~Iv1998
CITY OF CLEARWATER~, a Flor1~ORDIHG 1
municipal corporation, whose post office address 'BC STAI1P - DR219 3
P.O. Box 4748, Clearwater, FL 34618, hereinafter TOTAL:
called the GRANTOR, to the COMMUNITY CHECK AI'IT.TE~~~~~~~
REDEVELOPMENT AGENCY, of the City of
Clearwater, Florida, a Florida governmental agency
created pursuant to Part III, Chapter 163, Florida
Statutes, whose post office address is P. O. Box 4748,
Clearwater, FL 34618, hereinafter called the
GRANTEE, the federal tax identification number of which is: 59-6000-289.
1&:40:5&
$19.50
$.70
--------
$20.20
$20.20
$.00
,.
,~'~
(Wherever used the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and
heirs, legal representatives and assignees of individuals, and the successors and assigns of corporations.)
WITNESSETH: That the GRANTOR, for and in consideration of the sum of
$10.00 and other valuable considerations, in hand paid by the grantee, receipt whereof
is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise,
release, convey and confirm unto the GRANTEE, all that certain land situate lying and
being in PINELLAS County, Florida, viz:
SEE EXHIBIT "A" ATTACHED HERETO
TOG ETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever. AND THE
GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said 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,
except for liens, restrictions, covenants, assessments, easements, encroachments and
any other encumbrances that are a matter of record.
PREPARED BY AND RETURN TO:
Homer Duvall, III
HOLLAND & KNIGHT LLP
P. O. Box 3542
St. Petersburg, FL 33731
THIS SECOND CORRECTIVE WARRANTY DEED is given to correct the legal
description in that certain Warranty Deed between the parties recorded in Official
Records Book 9995, Page 958 of the Public Records of Pinellas County, Florida; and to
further confirm the conveyance of those lands described in the Summary Final
Judgment Quieting Title, in favor of the GRANTOR herein recorded in Official Records
Book 10093, Page 1450 of the Public Records of Pine lias County, Florida; and to correct
o~ REC02fi(1)
R,~C .1..1').
us __!_10
fNT
FEES
MTF
Oocumenlar{Ta,< i',:. ::.._.j ? J
$________._____..~i..i.:'..::;.l: .'
t(arleOn E [~!:!ai\iJoI', :;:(':10:., !";;~-:!;;~ C~,j';'Y
B:'..__..._.._~ ,_. _ .J.:rf.;r~' '~.::O' ~
~_..._-....... .
PIC __..___..
REV ______.... JO' '}O
:;:(':;:;~' . -4v-:-q- ;)
, Ji,"'J.._C?<
--'-r-
e
~ELLRS COUNTY FLR,
OFF .~ECBK 10195 PG 2207
-
the legal description and the notarial acknowledgement in that certain Corrective
. Warranty Deed between the parties recorded in Official Records Book 10177, Page 856
of the Public Records of Pinellas County, Florida.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed
in its name, and its corporate seal to be hereunto affIXed, by its proper officers
thereunto duly authorized, the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
1L
/I1(chc:lel teoher+o
City Manager
--.._~~--~
Ap.Qroved as to form:
p~! K /1;;.. City Attorney
A_'~~~" ~~..
. . 7-J, In -~; 'GIYV - ~-cW -
CIty lerk . ...:~
Witnesses:
~
rmte ame: .:r.o4.-1 ~rccs~ ('
2
e
e
PINELLRS COUNTY FLR.
OFF,REC.8K 10195 PG 2208
STATE OF FLORIDA
COUNTY OF PINELLAS
The foreg~i~ SECOND RRECTNE WARRANTY DEED was acknowledged
before me this 1 day of , 1998, by Rim C; A t!.v t''1
the Mayor-Commissioner of the CI F CLEARWATER, on behalf of said city. Such
person is oersonally known to me or presented
-
as identification.
(NOTARY SEAL)
My Commission Expires:
My Commission Number:
~8 CAROLYN L BRINK
~ If:, COMMISSION # CC 463040
~{" ~ EXPIRES MAV 22,1999
VlOF f\..~ AT> u_ BONDE;) THRU
.. ~""C BONOING CO., INC.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foreg~ SECOND
before me this 3 day of
the City Manager and by G 4
OF CLEARWATER, on behalf of said city.
or presented
RRECTNE WARRANTY DEED was acknowledged
, 1998, by /Lt I CH ,f-l.L IaJ 13 €Ie. T7J
(J... , the City Clerk, of the CITY
Such persons are personally known to me
, as identification.
(NOTARY SEAL)
C~dt. ~4-: ~
Not~hc, State of FlorIda
'A8 CAROLYN L IIltiNK
~ if; COMMISSION It CC 483040
~{" . ~ EXPIRES MAV22,1999
7~ ~ BONDED THRU
OF f\.l AT1.AN'nc BONDING CO., INC.
My Commission Expires:
My Commission Number:
STP-2I0790
3
e
~INELLRS COUNTY FLR
~.REC.8K 10185 PG 2268
EXHIBIT "A"
(attacbed to Second Corrective Warranty Deed from City of Clearwater to Community ReDevelopment Agency)
A portion of the following described tract: Lots 14 through 39, inclusive, of
CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99, of the Public Records of
Hillsborough County, Florida (of which Pinellas County was formerly a part); Lots 1
through 21, inclusive, of JANIE DANIEL'S SUBDMSION as recorded in Plat Book 5, Page
23 of the Public Records of Pin ell as County, Florida; Unsubdivided Lot 1 (less that portion
of said unsubdivided Lot 1, which has been resubdivided as JANIE DANIEL'S
SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH. PADGETT'S
SUBDIVISION, as recorded in Plat Book 4, Page 32 of the Public Records of Pinellas
County, Florida; together with all vacated rights-of-way between the above lots and
subdivisions; LESS AND EXCEPT the existingrights-of-ways of record for Cleveland Street
and Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided Lot 5) of the
aforementioned Revised Map ofRH. PADGETT'S SUBDIVISION as a Point of Beginning,
thence N89011'57"W along the Northerly line of Lots 2 through 13, Block 5 (also known as
subdivided Lot 5) of said subdivision a distance of 603.22 feet to an intersection with the
Easterly right-of-way line of Madison Avenue; thence NOoo01'44"W, along said Easterly
right-of-way, (also being the Westerly boundary of unsubdivided Lot 4 of the REVISED
MAP OF RH. PADGETT'S SUBDMSION, and the Westerly boundary of Lots 4-9 of
JANIE DANIEL'S SUBDMSION as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida) a distance of 662.65 feet to the Northwest corner of Lot 4 of
said JANIE DANIEL'S SUBDMSION; thence S89013'41"E along the North boundary of
said Lot 4 a distance of 6.25 feet to an intersection with the Southwest corner of Lot 36 of
CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part; thence
NOoo01'44"W along the Westerly boundary of said CLEARWATER HEIGHTS (being also
the Easterly right-of-way line of Madison Avenue) for a distance of 363.93 feet to an
intersection with the Southerly right-of-way of Cleveland Street; thence S89041' 48"E along
said right-of-way for a distance of 602.06 feet to an intersection with the Westerly right-of-
way of Missouri Avenue (being 44 feet Westerly of the East line of the Northwest 1/4 of
Section 15, Township 29 South, Range 15 East); thence SOoo03'52"E along said Westerly
right-of-way, a distance of 1031.81 feet to an intersection with the Easterly projection of the
Northerly boundary of Lots 2 through 13, Block 5 (also known as subdivided Lot 5), of said
REVISED MAP OF RH. PADGETT'S SUBDMSION, thence N89011'57"W along said
projection 5.80 feet to the Point of Beginning.
Ptvc-e.\ l'ax :t. 0 .
IS-- ~ ,. /!"-" 07'" - ooe> - 0:1, 00
IS -~q -IS-- 9079 f' -000 - 0190
/~-~q-IS-... 30 79i-OOO-(J/~C
IS- -:2t:J-/S"- 3077f- ()OO - 0 J S1'O
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PIC
REV
TOTAl~(1:.'3.Q
~
tilT # 88-253300
RUG "7 Q
____________', 1888 5:11PM
e
PINELLRS COUNTY FLR
OFF.REC.8K 10185 PG 22io
MEMORANDUM OF
DEVELOPMENT AGREEMENT
[IMR Global Center Project]
;.,.~(\~~.7g s;r\J OA-07-H3A 15:41:24
01 AGR-COMMUNITY
RECORD FEES 9 $14.30
$14.30
$14.30
$.00
TOTAL:
This Memorandum of AOTeement for CHECK AMT. TEHDERED:
O' CHANGE:
Development and Disposition of Property ("Memorandum")
is made this ~ day of ":'lu. bL ' 1998. by and
between the COMMUNITY RED~ELOPMENT AGENCY
OF THE CITY OF CLEARWATER. FLORIDA, a public
body corporate and politic of the State of Florida (the
"Agency"), whose address is 112 S. Osceola Avenue,
Clearwater, FL 32521 and INFORMA nON MANAGEMENT RESOURCES. INC., a Florida
corporation (the "Developer"), whose address is 26750 U.S. Highway 19 North, Clearwater,
FL 34621.
This Memorandum pertains to an Agreement for Development and Disposition of
Property (lMR Global Center Project), by and between the Agency and the Developer, dated as
of June 18, 1998 (the "Development Agreement"), which provides, among other things, for the
sale of property within a project site as described in Exhibit U A" attached hereto and made a part
hereof and certain easements (the "Global Center Site") for the development and constrUction
of the Infrastructure Improvements and the Global Center Project, as same are defined in the
Development Agreement.
The Development Agreement is incorporated herein and made a part hereof by
reference as fully as though it were set forth herein in its entirety. It is the intention of the
parties to hereby ratify, approve and confirm the Development Agreement as a matter of public
notice and record. Nothing herein shall in any way affect or modify the Development
Agreement, nor shall the provisions of this Memorandum be used to interpret the Development
Agreement. In the event of conflict between the terms of this document and those contained in
the Development Aireement, the terms in the Development Agreement shall control.
A copy of the fully-executed Development Agreement is on file with the City
Clerk, City of Clearwater, Florida. located at City Hall, 112 S. Osceola Avenue, Clearwater,
Florida, which is available for review and copying by the public.
IN WITNESS WHEij,EOF, the parties hereto have set their hands and their
respective seals affixed as of the /!!:"day of June. 1998.
[SIGNATURE PAGES FOLLOW]
~. -f4.Qie~~ ~
f>'.O.B6~ ~~
~t-. PJ~b~ ~
------____________ ()?:l ~ 1 ~ )
bC203577 SJW 08-07-1998
11 3010 - 00000229
AGR-Il'IR
~'~CORD FEES
~D TRUST FUND
1G:40:29
9
10
TOTAL:
CHARGE AKOUNT:
$2.70
$2.50
-----_._-
$5.20
$5.20
e
_ELLRS Cou~n'{ FLR.
OFF .REC.8K 10185 PG 2211
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
, as
(SEAL)
ATTEST:
By:-f~~
Its: Executive Director
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~ day of July,
1998, by r< mC\ G AI{ V i'l , Chairman of the Community Redevelopment Agency of
the City of Clearwater, a body corporate and politic of the State of Florida, on behalf of the
Agency. He is personally known to me or has produced a valid driver's license as identification.
(SEAL)
C~cR.~
Printed/Typed Name:
Notary. P~blic-State of Flo~i~: GtS:':G.LYi,J L. i:..... .,{
CommIssIon Number: ~~:&~ COMMISSIO:'J # cc 4G~:)40
~ . ; EXPIRES MAY 22,1999
'" ~ BONOEDTHRlJ
~OF '(~ ATlANTIC BONDING co.,lNC.
2
e
P~LLRS COUNTY FLR
OFF.~.8K 10195 PG 22i2
INFORMA TION MANAGEMENT
RESOURCES, INC.
By: ~JI1. ~
,as
Its y/"
(Corporate Seal) .
-'
-~ -- ----. ~
_:~. :-::-~.
STATE OF FLORIDA
COUNTY OF PINELLAS
J )'Sf-
ment was aclsnowledged before me thisr::-..J day of July,
1998, by er>t D'Slc, VICE. .President of Information Management
Resources, Inc., a Florida corporation, on behalf of the corporation. He is personally known
to me or has produced a valid driver's license as identification.
1" .,..~:;:,., SHIRLeY. RETH
tf~N .. -.~\ MY COMMII8IOf<1' CC 435427
-*. .*.
~!').: ~E EXPIRES: MIrcd129. 1981l
~%:p.'r>1,*'~ Bcnded Thru NllIIIY PIiiiIc,......-
, 'Ih'"
L" )
" I
J-,~ Cl
PnntedJTyped N e: '511 1('ley IV?fh
Notary Public-State of Florida
Commission Number: C C/3S t(rJ 7
(SEAL)
STP-2173 10. 1
3
e
~PINELLRS COUNT;GF~~i3
OFF ,REC8K 10195
EXHIBIT "A"
(Legal Description)
A portion of the following described tract: Lots 14 through 39, inclusive, of
CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99, of the Public Records
of Hillsborough County, Florida (of which Pinellas County was formerly a part); Lots
1 through 21, inclusive, of JANIE DANIEL'S SUBDMSION as recorded in Plat Book
5, Page 23 of the Public Records of Pinellas County, Florida; Unsubdivided Lot 1 (less
that portion of said unsubdivided Lot 1, which has been resubdivided as JANIE
DANIEL'S SUBDMSION) and unsubdivided Lot 4, of the REVISED MAP OF R.H.
PADGETT'S SUBDMSION, as recorded in Plat Book 4, Page 32 of the Public Records
of Pinellas County, Florida; together with all vacated rights-of-way between the above
lots and subdivisions; LESS AND EXCEPT the existing rights-of-ways of record for
Cleveland Street and Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided Lot 5) of the
aforementioned Revised Map of RH. PADGETT'S SUBDIVISION as a Point of
Beginning, thence N89011'57"W along the Northerly line of Lots 2 through 13, Block
5 (also known as subdivided Lot 5) of said subdivision a distance of 603.22 feet to an
intersection with the Easterly right-of-way line of Madison Avenue; thence
NOooOl'44"W, along said Easterly right-of-way, (also being the Westerly boundary of
unsubdivided Lot 4 of the REVISED MAP OF RH. PADGETT'S SUBDIVISION, and
the Westerly boundary of Lots 4-9 of JANIE DANIEL'S SUBDIVISION as recorded in
Plat Book 5, Page 23 of the Public Records of Pinellas County, Florida) a distance of
662.65 feet to the Northwest corner of Lot 4 of said JANIE DANIEL'S SUBDIVISION;
thence S890 13' 41"E along the North boundary of said Lot 4 a distance of 6.25 feet to
an intersection with the Southwest corner of Lot 36 of CLEARWATER HEIGHTS, as
recorded in Plat Book 4, Page 99 of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part; thence NOooOl'44"W along the Westerly
boundary of said CLEARWATER HEIGHTS (being also the Easterly right-of-way line
of Madison Avenue) for a distance of 363.93 feet to an intersection with the Southerly
right-of-way of Cleveland Street; thence S89041'48"E along said right-of-way for a
distance of 602.06 feet to an intersection with the Westerly right-of-way of Missouri
Avenue (being 44 feet Westerly of the East line of the Northwest 1/4 of Section 15,
Township 29 South, Range 15 East); thence SOoo03'52"E along said Westerly right-of-
way, a distance of 1031.81 feet to an intersection with the Easterly projection of the
Northerly boundary of Lots 2 through 13, Block 5 (also known as subdivided Lot 5), of
said REVISED MAP OF RH. PADGETT'S SUBDMSION, thence N890 11'57"W along
said projection 5.80 feet to the Point of Beginning.
4
~ INST # 98-253381
RUG 7, 1998 5: 11 PM
~ PINELLRS COUNTY FLR
UFF.REC.8K ;0185 PG 22i4
SPECIAL WARRANTY DEED
COMMUNITY REDEVELOPMENT AGENCY, also ,
known as THE COMMUNITY REDEVELOPMEN{:l03580 SJW 08-07-1998 16:41:45
AGENCY OF THE CITY OF CLEARWATER, a bodY"Ol DED-COMMUNITY
.politic and corporate of the State of Florida crea~D~~~~~ _ DR219 1 $101:~t~~
pursuant to Part III, Ch. 163, Fla. Stat., whose address --------
is 11.2 S. Osceola Avenue, Clearwater, Florida 3375~, CHECK AMT.TEN~~~~~~ :i~::~~:j~
heremafter called the GRANTOR, for and m CHANGE: $.00
consideration of Ten and 00/100 Dollars ($10.00), and
other valuable consideration the receipt of which is
hereby acknowledged, does bargain, sell convey and
grant unto INFORMATION MANAGEMENT
RESOURCES, INC., a Florida corporation, whose address is 26750 U.S. Highway 19
North, Suite 500, Clearwater, Florida 33761, hereinafter called the GRANTEE, the
federal tax identification number of which is: SQ-7Ql1471i , its
successors and assigns forever, the real property, situate, lying and being in Pinellas
County, Florida, more particularly described in EXHIBIT "A" attached hereto.
TAX PARCEL LD. # .:jI, S'C e "Below
Subject to taxes for current year and to those matters listed in EXHIBIT "B" attached hereto.
TO HAVE AND TO HOLD unto the said GRANTEE, its successors and assigns forever, and said
GRANTOR warrants and shall defend the title against the lawful claims of all persons claiming by,
through, or under it, but against none other.
TOG ETHER with all and singular the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed
in its name by its Chairman this ~.1... day of ::s"ul~ ; 1998.
[SIGNATURE PAGE FOLLOWS]
~ raJC Perc.e I :r. D.
IS" - J. f - I ~.. :3 (J 7 ? i' .... 00 () - () J.. dO
loS -.:2 '1 -I SO" 3 01 Q'8 - O()tJ - 0 / f' (J
IS- - ;. Cf - IS - 307 9 i' - 000 . 0 J ~ ()
PREPARED BY AND RETURN TO:
Homer Duvall, III
HOLLAND & KNIGHT LLP
P. O. Box 3542
St. Petersburg, FL 33731
(YJCLir;;e~I~";i'..A :;'(J ;;_/~ '1sl ~
$____--..L.\.,'~.... ,.
I",;j~" F. Dn Bla~e", CI>Jf!o.. i':ncl',,:, ;:'. Ii".']'
. '~~ D.",,,,., C;~r:"
By .____.____~~---
ot RECOfvNG
REC -/.. . J
DS J 1}..'fSL1J
/f..T I
---
FEES
--
MTF
PiC
REV
------
;:(';~j:-' . -[j.o-;"~" /70
Jj.......L .~
e
~ELLRS COUNTY FLR
OF~C.8K 10185 PG 2215
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEA WATER
By:
Chairman
~.~
rint~d Name: ~M LQrc;J.:;:J:i 5
-
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing SPECIAL WARRANTY DEED was acknowledged before me this
"'30 day of ~ ' 1998, by R I rt-\ c;- A RwV~ '/. ,
as Chairman, a Cl R.. ber+ . k ell e..v , as the Executive
Director of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, a body politic and corporate, on behalf of said entity. Such persons
~are personally known to me or presented , as
identification. -
(NOTARY SEAL)
c~ ~.~
Notary P blic, State of Florida
$' '( JC&c9. CAROLYN L BRiNK
~&~ cm,:r,;;C:;lON It CC 463040
~~ ?5 Ex;:m::::s MAY 22,1999
~....~ OCNOED THRU
OF f\)>' AT1..ANT1C BONDING co., INC.
My Commission Expires:
My Commission Number:
STP-215917
2
e
eINEllAS
o oPEC 8K COUNTY PlA
. 10185 PG 2 .
216
EXlUBIT "A"
(Legal Description)
A portion of the following tract: Lots 28, 29 and 33 through 39, inclusive,
of CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida (of which Pinellas County
was formerly a part); Lots 1 through 21, inclusive, of JANIE DANIEL'S
SUBDMSION as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida; Unsubdivided Lot 1 (less that portion of
unsubdivided Lot 1 which has been resubdivided as JANIE DANIEL'S
SUBDMSION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDMSION, as recorded in Plat Book 4, Page 32 of the
Public Records of Pinellas County, Florida; together with all vacated
rights-of-way between the above lots and subdivisions; LESS AND
EXCEPT the existing rights-of-way of record for Cleveland Street and
Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
. Lot 5), of the aforementioned REVISED MAP OF RH. PADGETT'S
SUBDMSION as a Point of Beginning, thence N89011'57"W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot 5) of said subdivision a distance of 580.72 feet to a point on the
proposed Easterly right-of-way of Madison Avenue which is 22.50 feet
East of the Southwest corner of subdivided Lot 4 of said REVISED MAP
OF RH. PADGETT'S SUBDMSION; thence NOoo01'4411W along said
proposed right-of-way a distance of 628.66 feet to a point; thence
N09022'09"E, for a distance of 55.42 feet; thence NOoo01'44"W, for a
distance of 118.34 feet; thence S89041'48"E for a distance of 254.70 feet;
thence S61058'11"E for a distance of 161.20 feet; thence S89041'48"E for
a distance of 180.0 feet to an intersection with the Westerly right-of-way
of Missouri Avenue, (being 44 feet Westerly of the East line of the
Northwest 1/4 of Section 15, Township 29 South, Range 15 East); thence
SOoo03'52"E along said Westerly right-of-way, a distance of 731.81 feet to
an intersection with the Easterly projection of the Northerly boundary of
Lots 2 through 13, Block 5 (also known as subdivided Lot 5) of the said
REVISED MAP OF R.H. PADGETT'S SUBDMSION, thence
N89011'5711W along said projection, 5.80 feet to the Point of Beginning.
STP-214332
3
r. # 88-253383
RUG 7,1888 5:11PM
e
I-'INELLAS
OFF,REC Bk ~OUNTY FLA.
, luf85 PG 2228
PERPETUAL-USE EASEMENT AGREEMENT
AND
GRANT OF PURCHASE RIGHT
~C203582 SJW 08-07-1998 1&:43:19
01 AGR-CO~~UNITY
RECORDING
THIS PERPETUAL USE EASEMENT DOC STA~P - DR219
AGREEMENT AND GRANT OF PURCHASE RIGHT
(the "Agreement") is made by and between the
COMMUNITY REDEVELOPMENT AGENCY, of the
City of Clearwater, Florida, a Florida governmental
agency created pursuant to Part III, Chapter 163,
Florida Statutes" which has a post office address at
P.O. Box 4748, Clearwater, FL 34618 (hereinafter
referred to as the "Grantor") and INFORMATION MANAGEMENT RESOURCES,
INC., a Florida corporation, which has a business address at 26750 U.S. Highway 19
North, Suite 500, Clearwater, Florida 33761, Attention Robert Molsick,(the said
Information Management Resources, Inc. being hereinafter referred to as the
"Grantee").
1
3
$&9.00
$.70
TOTAL:
CHECK A"T.TENDERED:
CHANGE:
$&9.70
$&9.70
$.00
RECITALS
WHEREAS, the Grantor is the owner of a tract of land (hereinafter
referred to as "Tract 1") more particularly described in EXHIBIT "A" attached hereto
and incorporated herein by this reference; and
WHEREAS, the Grantee is the owner of a tract of land (hereinafter
referred to as "Tract 2") more particularly described in EXHIBIT "B" attached hereto
and incorporated herein by this reference; and
WHEREAS, Tract 1 and Tract 2 are presently unimproved, and adjacent
to each other sharing a common boundary along the south side of Tract 1 and the north
side of Tract 2; and
WHEREAS, Grantee desires to build an office building and ancillary
improvements involving both Tract 1 'and Tract 2; and
WHEREAS, Grantor and Grantee have entered into a certain Agreement
for Development and Disposition of Property, regarding Tract 1 and Tract 2, and other
property rights and interests, dated as of June 18, 1998 (the "Development
Agreement"); and
~\<'I"'F
Qoeumentary Tax Pd. S
Intangible Tax F'(l
$ F-O^ Blal.ef Clerk F'inellas COl!n\,
....arlc.61'1 . ., -;..'--/ .
/r:r OeJiul'/ C:5r\(
By ___----.--------
,10
Homer Duvall, ill
HOLLAND & KNWHT LLP
P. O. Box 3542
St. Petersburg, FL 33731
~IE;E1:~Q.b
DS _-..!2u
I!\T _____.
('F.E~; _____
Prepared by and return to:
piC: -----
R ,."
.I~v __
r()~~<\L~
- -IY-;.-#:.""
~9.7d
e
P~LLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2230
wHEREAS, the Grantor desires to grant and the Grantee desires to
receive an, exclusive, perpetual easement over, under and across Tract 1 (said dominant
estate in Tract 1, exclusive of the servient estate being hereinafter after referred to as
"the easement premises"), to permit Grantee to develop, construct, improve, use,
maintain, repair and replace any and all improvements which Grantee may lawfully
~onstruct upon Tract 1, and including without limitation all rights of ingress, egress
and parking over and across Tract 1, and rights of lateral support appurtenant to Tract
2, all such rights being appurtenant to the Grantee's ownership, development and use
of Tract 2.
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
following grants, agreements, and covenants and restrictions are made:
1. RECITALS. The foregoing recitals are hereby made a material part of this
Agreement and are incorporated herein by this reference.
2. DEVELOPMENT AGREEMENT. This Agreement is not intended,to
modify or amend the Development Agreement in any regard. In the event of a conflict
between the terms of the Development Agreement and this Agreement, or in the event
that the terms of this Agreement read in conjunction with the Development Agreement
creates any ambiguity, the terms, conditions and provisions of the Development
Agreement shall prevail and be controlling. No rule of construction or legal doctrine
regarding the preparation of this instrument, the construction of the terms used, nor
any oral representations or course of dealing between the parties hereto shall be
permitted to alter the intention of the parties expressed in this paragraph, with regard
to the interpretation of this Agreement in conjunction with the Development
Agreement.
3. GRANT OF EASEMENT. The Grantor hereby grants to the Grantee, its
successors and assigns, as an easement appurtenant to Tract 2 an exclusive, perpetual
easement to develop, construct, improve, use, occupy, maintain, repair and replace any
and all improvements which Grantee may lawfully construct upon Tract 1, together
with and including without limitation all rights of ingress, egress and parking upon,
over and across Tract 1, and the right to use Tract 1 as lateral support for the
development, improvement, use and maintenance of Tract 2. Notwithstanding anything
herein contained to the contrary, the rights and easements granted hereunder to the
Grantee may be for the sole benefit of Tract 1 and such rights and easements are not
necessarily limited to the benefit of Grantee's development, construction, improvement,
use, occupancy or maintenance of Tract 2.
2
e
~NELLRS COUNTY FLR.
OFF.REC,BK 10195 PG 2231
4. USE OF EASEMENT PREMISES. Use of the easement premises is not
confined to present uses of Tract 2, or present improvement plan or means of
transportation;
5. USE OF TRACTS 1 AND 2. As long as this easement grant remains in
effect, neither Tract 1 or Tract 2 shall be used for other than commercial purposes and
no building other than one suited only for commercial purposes shall be constructed
thereon.
6. ADDITIONS TO DOMINANT TENEMENT. Said easement is also
appurtenant to any land that is now or may hereafter come into common ownership
with Tract 2 aforesaid and that is contiguous to Tract 2. An area physically separated
from Tract 2 but having access thereto by means of public ways or private easements,
rights or licenses is deemed to be contiguous to Tract 2.
7. DIVISION OF DOMINANT TENEMENT. If Tract 2 is hereafter divided
into four (4) parts by separation of ownership or by lease, each part shall enjoy the
benefit and abide by the limitations of the easement hereby created. Division of the
dominant tenement into more than four parts shall be deemed an unlawful increase of
burden and use of the easement may be enjoined. Notwithstanding the provisions of
this paragraph, nothing contained herein shall prohibit the leasing of the facilities
located on Tract 2 to multiple tenants. It is the intent of the parties that the use of
Tract 1 not be overburdened by excessive use as a result of excessive divisions of the
dominant tenement.
8. PARKING. Both parties covenant that vehicles may be parked on Tract
1.
9. WARRANTIES OF TITLE. Grantor warrants that it has good and
marketable title to Tract 1, subject only to the following permitted title objections: SEE
EXHIBIT "C" ATTACHED HERETO
10. REAL PROPERTY TAXES. Grantee shall be responsible for all real
property taxes and assessments or other governmental or quasi-governmental charges
against the easement premises, unless and until termination of this Agreement. In the
event Grantee fails to pay any such taxes, assessments or charges prior to the time the
same become delinquent, then Grantor may pay such taxes, assessments or charges and
require, immediate reimbursement of the cost of such taxes from the Grantee, together
with interest at the highest rate permitted by law calculated from the date which
Grantor expends any funds in connection with the payment of such taxes, assessments
or charges. Grantor agrees that it shall provide Grantee with copies of all ad valorem
real estate tax bills or statements for other assessments or charges which it receives
with respect to the easement premises so as to permit Grantee to pay such taxes,
assessments or charges before delinquency.
3
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~ELLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2232
11. RUNNING OF BENEFITS AND BURDENS. All prOVISIOns of this
instrument, including the benefits and burdens, run with the land and are binding upon
and enure to the heirs, assigns, successors, tenants and personal representatives of the
parties hereto.
12. TERMINATION OF COVENANT LIABILITY. Whenever a transfer of
ownership of either parcel takes place, liability of the transferor for breach of covenant
occurring thereafter automatically terminates, except that the Grantor herein remains
liable for breaches of covenants of title set forth in Paragraph 8.
13. IMPROVEMENTS, MAINTENANCE AND REPAIRS.
A. Environmental Remediation bv Grantor. Grantor agrees that it
shall not undertake any occupation, construction, improvement, additions or alterations
to Tract 1; PROVIDED HOWEVER, notwithstanding the foregoing and anything herein
contained to the contrary, Grantor and Grantor's employees, agents, contractors and
representatives shall be permitted reasonable access in, on under and across Tract 1 for
the purpose of undertaking any environmental remediation activities which Grantor
may elect or be required to undertake, at its sole cost and expense, relating to Tract 1,
and in accordance with the terms, conditions and provisions of the Development
Agreement. In the event Grantor so elects or is required to undertake any such
environmental remediation activities, then Grantor agrees to provide Grantee with
prior notice of such activities and further agrees to use reasonable efforts to minimize
any interruption of Grantee's use and enjoyment of Tract 1 during the remediation
activities. Further, Grantor agrees that should it elect to undertake environmental
remediation activities on Tract 1, Grantor shall, at Grantor's sole cost and expense,
promptly undertake to repair any damage and to replace any real or personal property
destroyed or lost, as a result of Grantor's remediation activities on Tract 1. All
environmental remediation activities undertaken by the Grantor shall be at the
Grantor's cost and expense.
B. Development. Construction and Use bv Grantee. All development,
construction, improvement, use, maintenance, repair or replacement of all
improvements or facilities to be located on, over, across or under Tract 1 shall be
undertaken by Grantee, at Grantee's sole cost and expense and in accordance with all
applicable laws, codes, ordinances, rules and regulations. Grantor shall have no right
or obligation whatsoever to develop, construct, improve, use, occupy, maintain, repair
or replace any portion of Tract 1 or the improvements or facilities located thereon,
except pursuant to subsection A of this paragraph.
14. INSURANCE REQUIREMENTS. Grantee, at its sole cost and expense,
shall maintain insurance against any and all liability for personal injury, death, and
property damage arising directly or indirectly from the Grantee's development,
improvement, construction, use, occupancy and maintenance of Tract 1. Such insurance
4
e
e
PINELLRS COUNTY F~~33
OFF .RECBK 10195 PG
shall be maintained in an amount of not less than $2,000,000.00 with respect to
personal injury or death of a person, $2,000,000.00 for any single casualty or
occurrence of such injury or death, and $2,000,000.00 for any single casualty or
occurrence of property damage. From time to time, Grantor may require that the
amounts of insurance be increased in a commercially reasonable manner in order to
take into consideration changes in commercial business practice and inflation. In the
event that Grantee fails to maintain the required insurance coverages in the required
amounts, Grantor, at its election, may obtain such insurance and require
reimbursement of the cost of such insurance from the Grantee, together with interest
at the highest rate permitted by law, calculated from the date which Grantor expends
funds for the purchase of such insurance.
15. INDEMNIFICATION. Grantee agrees to indemnify, defend and hold
harmless the Grantor from and against any and all claims, demands, losses, costs,
awards, settlements, fines or penalties, together with expenses (including without
limitation reasonable attorneys' fees) arising out of Grantee's development,
improvement, construction, use, occupancy and maintenance of Tract 1 (collectively
"Claims"), including without limitation any Claim, resulting from bodily injury, death,
property damage or nuisance; and further including without limitation any Claims by
governmental or quasi-governmental agencies. Nothing contained in this paragraph
shall release, modify or alter Grantor's indemnification provisions under the
Development Agreement, including without limitation, ~7.21 and ~10.02 of said
Development Agreement.
A. Dutv to Defend. Grantor shall give Grantee notice of any claim,
action or proceeding which is brought or maintained against Grantor by any third
party, which arises from the Grantee's development, improvement, construction, use,
occupancy and maintenance of Tract 1. Such notice shall be given by Grantor to
Grantee promptly upon Grantor's receipt of notice of any such claim, action or
proceediJ?g pending against Grantor by any third party (hereinafter the "Notice of
Claim"). Grantee, at Grantee's sole expense, shall undertake to defend or settle any
such claim, action or proceeding with counsel of its own choosing, provided that such
counsel shall be reasonably acceptable to Grantor. Grantor shall have the right, at its
own expense to attend but not to otherwise participate in any such claim, action or
proceeding. Grantor agrees that it shall fully cooperate in the defense of any such
claim, action or proceeding.
B. Duty to Indemnify. In addition to Grantee's duty to defend as set
forth in subparagraph 15 A above, Grantee shall be obligated to satisfy any judgments,
settlements, awards, fines or penalties which are imposed upon Grantor as a result of
any Claim or Claims brought or maintained by a third party which arises from the
Grantee's development, improvement, construction, use, occupancy and maintenance
of Tract 1, except for those matters subject to Grantor's indemnification of Grantee
pursuant to ~7.21 or ~ 10.02 of the Development Agreement. Grantee shall satisfy any
5
e
e
PINELLRS COUNTY FLR
OFF.REC.8K 10185 PG 2234
such judgment;'settlement, award, fine or penalty within ten (10) days after the same
shall become final and nonappealable.
C. Termination of Indemnification. The indemnification obligations
of Grantor hereunder shall automatically terminate upon the acquisition by the Grantee
~f the fee title to Tract 1, as provided in this Agreement; provided, however, Grantee's
indemnification obligations hereunder shall continue in full force and effect with regard
to any Notice of Claim received by the Grantee prior to the acquisition of fee simple
title to Tract 1, and shall further continue with regard to any act or omission of the
Grantee prior to the acquisition of fee title to Tract 1, which would create continuing
liability for the Grantor.
16. PURCHASE RIGHT AND OBLIGATION. Grantor hereby grants to
Grantee, and Grantee's successors and assigns in title to Tract 2, the right and option
to purchase all of Grantor's right, title and interest in the underlying servient estate
in and to Tract 1, in accordance with the terms, conditions and provisions of~7.25 of
the Development Agreement. Grantee may exercise said option to purchase at any time
within 50 years from the date of this Agreement.
17. EASEMENT RUNNING WITH THE LAND. The rights, privileges and
easements granted to Grantee hereunder shall be appurtenant to and shall run with
title to Tract 2, and shall inure to the benefit of the Grantee, its successors and assigns,
and to the invitees, licensees, mortgagees, customers, guests and tenants of Tract 2.
All of the rights, privileges, and easements of this Agreement, including without
limitation all indemnifications of Grantee by the Grantor, shall inure to the benefit of
the Grantee, its successors and assigns. Likewise, the rights of the Grantor under this
Agreement, including without limitation all indemnifications of the Grantor by the
Grantee, shall inure to the benefit of the Grantor, its successors and assigns.
18. GRANTOR'S COOPERATION. Grantor, in its capacity as owner of Tract
1, and not in its capacity as a governmental entity, shall actively work with Grantee
and exercise reasonable efforts to assist Grantee in securing site plan and any other
governmental approvals and permits necessary to enable Grantee to develop and
construct improvements for its intended use of Tract 1 in compliance with the
Development Agreement ("Intended Use") or any portion thereof, including without
limitation the platting of Tract 1 and Tract 2. Grantor, as owner of Tract 1 and in no
other capacity, grants to Grantee the right and authority to file applications and
petitions for special use permits, variances and any other forms of governmental
approvals deemed necessary by Grantee, in Grantee's sole discretion, for Grantee's
Intended Use. Grantor agrees and represents that within ten (10) days after receipt
of written request therefor, from the Grantee, Grantor will without charge to the
Grantor join in any and all applications for permits, licenses, or other authorizations
required by applicable governmental authority (where Grantor's joinder is necessary)
for Grantee's Intended Use. Nothing contained in this paragraph or in this Agreement
6
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~PINELLRS COUNTY FLR.
OFF.REC.8K 10185 PG 2235
is intended, nor-shall the same be deemed or construed, as a grant of any governmental
approval, right or authority, or an assignment of any such governmental right to
approve or exercise authority or control over the development, improvement, use or
occupancy of the easement premises, Tract 1 or Tract 2; nor is it the intention of the
Grantor that the Grantee have any unfair advantage over property owners similarly
~ituated, due to the fact that the Grantor is a public, governmental entity.
19. ATTORNEY'S FEES. Either party may enforce this instrument by
appropriate action, and the prevailing party in any such litigation, shall recover as part
of its costs a reasonable attorney's fee, regardless of whether such fees are incurred at
any pretrial, trial, appellate or bankruptcy proceeding.
20. CONSTRUCTION. The rule of strict construction does not apply to this
grant. This grant shall be given a reasonable construction so that the intention of the
parties to confer a commercially usable right of enjoyment on the Grantee is carried
out.
21. NOTICE. All notices shall be sent by U.S. mail to the addresses provided
for in this paragraph and shall be deemed given when placed in the mail. The affidavit
of the person depositing the notice in the U.S. Post Office receptacle shall be evidence
of such mailing. Either party may lodge written notice of change of address with the
other.
If to Grantor:
With a copy to:
If to Grantee:
THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER
Attention: Robert Keller
112 South Osceola Avenue
Clearwater, FL 33756
THE CITY OF CLEARWATER
Attention: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
INFORMATION MANAGEMENT RESOURCES, INC.
Attention: Robert Molsick
26750 U.S. Highway 19 North--Suite 500
Clearwater, Florida 33761
22.< ASSIGNMENT. Grantee may assign its rights, interest and obligations
under this Agreement. Any such assignment of this Agreement by the Grantee must
7
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~ELLRS COUNTY FLR
OFF.REC.BK 10195 PG 2236
be made in conjunction with an assignment and transfer of Grantee's rights and
obligations under the Development Agreement relating to the interest transferred, so
long as said Development Agreement has not been previously terminated or has not
expired.
, 23. RELEASE OF EASEMENT. Except as provided herein, the purchase and
acquisition of the fee title to Tract 1 by the Grantee shall terminate this Agreement.
The Grantee herein may terminate this instrument by recording a release in recordable
form with directions for delivery of same or to Grantor at his last address given
pursuant hereto whereupon all rights, duties, and liabilities hereby created shall
terminate. For convenience such instrument may run to "the owner or owners and
parties interested in Tract 1."
IN WITNESS WHEREOF, the Grantor and the Grantee have caused this
Agreement to be signed by their respective authorized officers this ~day of July,
1998.
[SIGNATURE PAGES FOLLOW]
8
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Countersigned:
~rin~~~ller
Its: EXECUTIVE DIRECT R
4It PINELLRS COUNTY FLR.
OFF .RECBK 10195 PG 2237
COMMUNITY REDEVELOPMENT
AGENCY of the City of Clearwater,
Florida
~::antor" ~
~~~~rVQ1
Its: CHAIRMAN
9
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_ PINELLRS COUNTY FLR
UFFREC.8K 10195 PG 2238
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing PERPETUAL USE EASEMENT AGREEMENT was
acknowledged before me this 3o~ day of July, 1998, by ~TA GIl f<-ve'l , the
Chairman of the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, on behalf of said agency. He/She is personally known to
me or presented , as identification.
(NOTARY SEAL)
c '(;f.~.
Not~c, State of Florida
~ v "r1. CAROLYN L. BRiNK
~ COMMISSION' CC 463040
. .c EXPIRES MAY 22, 1m
~ ElOlI:CEO Th.'1U
N AlUHTlC BONOING CO..lHC,
My Commission Expires:
My Commission Number:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing PERPETUAL USE EASEMEN~~EMENT was
acknowledged before me this "3fyfJ.- day of July, 1998, by (?:. /(e tier; the
Executive Director of the COMMUNITY REDEVELOPMENT AG E CITY
OF CLEARWATER, FLORIDA, on behalf of said agency. He i ersonally know~ to
me or presented , as identification.
(NOTARY SEAL)
C tM..~ 4".. ~ ~
N otary ~bhc, State of FlorIda
$'{ p&. CAP.OLYN L. BRfNK
~ l:\ CS;~M:~~;?tJ # cc 463040
~ ~ ....Fi'h'-"l /.lAY 22, 1999
~ f!ONOED THRU
OF 'i\.f;:,<f. ATLANTiC BONDING co.,lNC.
My Commission Expires:
My Commission Number:
10
e
e
PINELLRS COUNTY F;~~
OFF REC8K 10195 PG ~c~9
INFORMATION MANAGEMENT
RESOURCES, INC., a Florida corporation
By:
~1!i1ftU
PrintedName: ~e'~ M. IM.o~SICL
~. r f I~
Its: lhuF -President
(AFFIX CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF
i)
1 /j 1" e \ I /' .::...
-- (.( -)
The foregoing PERPETUAL US.E EASEMENT. AGREEMENT was
acknowledged . before me this ~ day of ~L \ Lr ' 1998,
_J? (J'lf r' 1 1\\. n\r )\/ ck, as ',. :('L -President of. INFORMATION
MANAGEMENT RESOURCES, INC., a Florida corporation, on behalf of said
corp().ration. . .. He/~he .:) personal~y ~no~n to me or presented
(f1t!"""'o'!,.'t "Y"I)I,-' ,as IdentificatIOn.
J
(NOTARY SEAL)
.x /., 'f
/ \ / i
\ / . /
X.j(l (:,'~L
Notary Public, Stat
(--c(~L.......
1'--./ _
of Florida
My Commission Expires:
My Commission Number:
.....~;'~... SHIRlEY RETH
~ ~ MY ........
E*: ~ _ ...-18SION , cc 4311427
?>' -
~1:r. ',.1 EXPIfB: M1tc!129. 19911
'. ..tl\. IlorIdId TIlIu NDlIrr PuIlio IhIIIWrIIn
STP-215990
11
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PINELLRS COUNTY FLR
OFFREC.8K 10195 PG 2240
EXHIBIT "A"
Perpetual Use Easement Portion:
A portion of the following tract: Lots 14 through 33, inclusive, and Lots
38 and 39 of CLEARWATER HEIGHTS, as recorded in Plat Book 4, page
99 of the Public Records of Hillsborough County, Florida (of which
Pinellas County was formerly a part), together with all vacated rights-of-
ways between the above lots in subdivisions, LESS AND EXCEPT the
existing rights-of-ways of record for Cleveland Street and Missouri
Avenue, and being more particularly described as follows:
From the Northwest corner of Lot 14 of said CLEARWATER HEIGHTS
as a Point of Reference, thence S89041'48"E along the deeded Southerly
right-of-way of Cleveland Street, a distance of 25.30 feet to a Point of
Beginning; thence continue S890 41' 48"E along said Southerly right-of-way
for a distance of 576.76 feet to an intersection with the Westerly right-of-
way of Missouri Avenue; thence SOoo03'52"E along said Westerly right-of-
way for a distance of 300,00 feet; thence N89041'48"W a distance of
180.00 feet; thence N61058'11"W for a distance of 161.20 feet; thence
N89041'48"W for a distance of 254.70 feet to an intersection with the
proposed Easterly right-of-way of Madison Avenue; thence NOoo01'44"W
along said proposed Easterly right-of-way for a distance of 225.00 feet to
the Point of Beginning.
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~ PINELLRS COUNTY FLR
~FFREC 8K 10195 .
. PG 2241
EXHIBIT "B"
(Page 1 of 2)
Fee Simple Portion:
A portion of the following tract: Lots 28, 29 and 33 through 39, inclusive,
of CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida (of which Pinellas County
was formerly a part); Lots 1 through 21, inclusive, of JANIE DANIEL'S
SUBDIVISION as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida; Unsubdivided Lot 1 (less that portion of
unsubdivided Lot 1 which has been resubdivided as JANIE DANIEL'S
SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the
Public Records of Pinellas County, Florida; together with all vacated
rights-of-way between the above lots and subdivisions; LESS AND
EXCEPT the existing rights-of-way of record for Cleveland Street and
Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
Lot 5), of the aforementioned REVISED MAP OF RH. PADGETT'S
SUBDIVISION as a Point of Beginning, thence N89011'57"W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot 5) of said subdivision a distance of 580.72 feet to a point on the
proposed Easterly right-of-way of Madison Avenue which is 22.50 feet
East of the. Southwest corner of subdivided Lot 4 of said REVISED MAP
OF RH. PADGETT'S SUBDIVISION; thence NOoo01'44"W along said
proposed right-of-way a distance of 628.66 feet to a point; thence
N09022'09"E, for a distance of 55.42 feet; thence NOoo01'44"W, for a
distance of 118,34 feet; thence S89041'48"E for a distance of 254.70 feet;
thence S61 o58'11"E for a distance of 161.20 feet; thence S89041'48"E for
a distance of 180.0 feet to an intersection with the Westerly right-of-way
of Missouri Avenue, (being 44 feet Westerly of the East line of the
Northwest 1/4 of Section 15, Township 29 South, Range 15 East); thence
SOoo03'52"E along said Westerly right-of-way, a distance of 731.81 feet to
an intersection with the Easterly projection of the Northerly boundary of
Lots 2 through 13, Block 5 (also known as subdivided Lot 5) of the said
REVISED MAP OF RH. PADGETT'S SUBDIVISION, thence
N89011'57"W along said projection, 5.80 feet to the Point of Beginning.
TOGETHER WITH:
e
a p INEllRS
"'REC 8K COUNTY FlA
. 10195 PG 2242
EXHIBIT "B"
(Continued--Page 2 of 2)
Additional Madison Avenue Right-of-Wav Ingress and Egress Easement
A portion of the following tract: Lots 14, 27, 28 35 and 36 of
CLEARWATER HEIGHTS; Lots 4 through 9, inclusive, of JANIE
DANIEL'S SUBDIVISION; Unsubdivided Lot 4 of the REVISED MAP OF
RH. PADGETT'S SUBDIVISION; and all vacated rights-of-way between
the above lots and subdivisions. Being more particularly described as
follows:
From the Southwest corner of unsubdivided Lot 4, REVISED MAP OF
R.H. PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of
the Public Records of Pinellas County, Florida, as a Point of Beginning;
thence NOoo01'44"W along the West boundary of said unsubdivided Lot
4, and along the West Boundary of JANIE DANIEL'S SUBDIVISION, as
recorded in Plat Book 5, Page 23, of the Public Records of Pinellas
County, Florida, a distance of 662,65 feet to the Northwest corner of Lot
4 of said JANIE DANIELS SUBDIVISION; thence S890 13' 41"E, along the
North boundary of said Lot 4, a distance of 6,25 feet to an intersection
with the Southwest corner of Lot 36 of CLEARWATER HEIGHTS, as
recorded in Plat Book 4, Page 99 of the Public Records of Hillsborough
County, Florida (of which Pinellas County was formerly a part); thence
along the West boundary of said CLEARWATER HEIGHTS,
NOoo01'44"W, for a distance of 363.93 feet to an intersection with the
Southerly right-of-way of Cleveland Street; thence S890 41' 48"E along said
right-of-way a distance of25.30 feet; thence SOooOl'44"E for a distance of
343.34 feet to a point; thence S09022'09"W for a distance of 55.42 feet;
thence SOooOl'44"E for a distance of 628.66 feet to an intersection with
a point on the Southerly boundary of said unsubdivided Lot 4, REVISED
MAP OF RH. PADGETT'S SUBDIVISION; thence N89011'57"W along
said Southerly boundary for a distance of 22.50 feet to the Point of
Beginning,
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~ PINELLRS COUNTY FLR
~FF REC 8K .
. . 10195 PG 2243
. EXHIBIT "c"
Permitted Exceptions to Warranty by Community Redevelopment Agency
1. Taxes or assessments subsequent to the date of this Agreement.
2. Easement in favor of Florida Power Corporation recorded in
Official Records Book 5462, Page 512 of the Public Records of
Pinellas County, Florida.
3. Easement for sidewalk, drainage and utilities for use of the general public
and the City of Clearwater, as set forth in Resolution No. 5369, Page 2185
of the Public Records of Pinellas County, Florida.
4. Any adverse matters which would be shown by a true and correct survey
of the lands conveyed.
.ST # 98-253382
RUG 7, 1998 5: 1 1 PM
e P I NELLRS COUNTY FLR
OFF.REC.8K 10195 PG 22i7
INGRESS AND EGRESS AND
UTILITY EASEMENT AGREEMENT
THIS INGRESS AND EGRESS AND UTILITY
EASEMENT AGREEMENT (the "Agreement") is made
by and between THE CITY OF CLEARWATER, a
Florida municipal corporation, which has a post office
address at P.O. Box 4748, Clearwater, FL 34618
(hereinafter referred to as the "Grantor") and
INFORMATION MANAGEMENT RESOURCES,
INC" a Florida corporation, which has a business
address at 26750 U.S. Highway 19 North, Suite 500, Clearwater, Florida 33761,
Attention Robert Molsick,(the said Information Management Resources, Inc. being
hereinafter referred to as the "Grantee")
":203581 SJW
01 EAS-CUIR
RECORDIHG
DOC SiAMP - DR219
08-07-1998 16:42:56
1
3
TOTAL:
CHECK AMT.TENDERED:
CHANGE:
~55.50
$.70
$56. 20
$56.20
$.00
RECITALS
WHEREAS, the Grantor is the owner of a tract of land (hereinafter
referred to as "Tract 1") more particularly described in EXHIBIT "A" attached hereto
and incorporated herein by this reference; and
WHEREAS, the Grantee is the owner of a tract of land, together with a
perpetual use easement (collectively hereinafter referred to as "Tract 2") more
particularly described in EXHIBIT "B" attached hereto and incorporated herein by this
reference; and
WHEREAS, Tract 1 is presently unimproved, and is adjacent to both Tract
2 and Gould Street, a public right of way in the City of Clearwater; and
WHEREAS, Grantor and Grantee have entered into a certain Agreement
for Development and Disposition of Property, regarding Tract 1 and Tract 2, and other
property rights and interests, dated as of June 18, 1998 (the "Development
Agreement"); and
WHEREAS, the Grantor desires to grant and the Grantee desires to
receive an easement over, under and across Tract 1 (said dominant estate in Tract 1
being hereinafter after referred to as "the easement premises");
Homer Duvall, III
HOLLAND & KNIGHT LLP
P.O. Box 3542
St. Petersburg, Florida 33731
~lEl~Elj~~~
05__1
Nr _----
FEES .____-
~!TF__.._---
PIC ___
DXUrJ'lANaryTax Pd.:;.__~~_
Prepared by and return to:
$----.-...
111(i:lilQir.l!G Ta~ P:l
I<arleen F. ~rK. Pino!iiis Ccun:y
ey____ _De~ul'iGi3rl\
^r~v __-
T.j~~L~O
1tv
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4ItPINELLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2218
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
following grants, agreements, and covenants and restrictions are made:
1. RECITALS. The foregoing recitals are hereby made a material part of this
~greement and are incorporated herein by this reference.
2. GRANT OF EASEMENT. The Grantor hereby grants to the Grantee, its
successors and assigns, as an easement appurtenant to Tract 2 a perpetual easement
for ingress and egress, including landscaping and signage, together with the right to use
Tract 1, for utility purposes, including without limitation, water, sanitary sewer,
electricity, gas, cable television, and stormwater drainage over, under and across Tract
1 for access and utility services to and from Gould Street; provided, however, the use
of Tract 1 for utility purposes is limited to locating utility connections into utilities
facilities now or hereafter existing, while this easement is in effect, in the right-of-way
of Gould Street or within Tract 1. The rights herein granted are interests in real
property only, and nothing contained herein is intended nor shall the same be deemed
or construed as a right or permit to connect to any existing utilities.
3, USE OF EASEMENT PREMISES. Use of Tract 1 is not confined to
present uses of Tract 2, or present means of transportation or utility services. The
rights of ingress and egress, including landscaping and signage, are exclusive to the
Grantee. All other rights and easements granted herein are nonexclusive, including
without limitation the right to locate and maintain utility services within Tract 1. The
right to use Tract 1, for subsurface utility purposes, including without limitation, water,
sanitary sewer, electricity, gas, cable television, and stormwater drainage, is expressly
reserved by the Grantor; provided such use does not unreasonably interfere with or
interrupt Grantee's use of Tract 1 as provided herein. In addition, the Grantor
reserves the right to use Tract 1 for any subsurface use that does not unreasonably
interfere ~ith Grantee's use of Tract 1 for ingress and egress and utility services. Any
signage or landscaping placed within Tract 1 must comply with the then existing
ordinances, rules and regulations governing same. Nothing herein contained shall be
construed as permitting the placement of any particular sign or landscaping on Tract
1.
4. USE OF TRACTS 1 AND 2. As long as this easement grant remains in
effect Tract 2 shall not be used for other than commercial purposes and no building
other than one suited only for commercial purposes shall be constructed thereon.
Prepared by and return to:
Horner Duvall, III
HOLLAND & KNIGHT LLP
P.O. Box 3542
St. Petersburg, Florida 33731
2
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4laINELLRS COUNTY FLR
OFFREC.8K lQ195 PG 22i9
5. AflDITIONS TO DOMINANT TENEMENT, Said easement is also
appurtenant to any land that is now or may hereafter come into common ownership
with Tract 2 aforesaid and that is contiguous to Tract 2. An area physically separated
from Tract 2 but having access thereto by means of public ways or private easements,
rights or licenses is deemed to be contiguous to Tract 2.
6. DIVISION OF DOMINANT TENEMENT. If Tract 2 is hereafter divided
into four (4) parts by separation of ownership or by lease, each part shall enjoy the
benefit and abide by the limitations of the easement hereby created. Division of the
dominant tenement into more than four (4) parts shall be deemed an unlawful increase
of burden and use of the easement may be enjoined. Notwithstanding the provisions
of this paragraph, nothing contained herein shall prohibit the leasing of the facilities
located on Tract 2 to multiple tenants. It is the intent of the parties that the use of
Tract 1 not be overburdened by excessive use as a result of excessive divisions of the
dominant tenement.
7. PARKING. Both parties covenant that vehicles shall not be parked on
Tract 1 except so long as may be reasonably necessary to load and unload, unless
otherwise approved in writing by the Grantor,
8. PAVING OF EASEMENT. Grantee covenants that prior to completion
of Phase II, as defined in the Development Agreement, Grantee shall improve Tract 1
with a concrete or asphalt surface at least twenty-four feet (24) in width suitable for
use by delivery trucks and will at all times maintain same in good repair. Prior to
paving Tract 1 may be used for construction traffic. Grantee and Grantee's tenants,
together with their respective guests, invitees, employees, agents and representatives
may not use Tract 1 for primary access. to Tract 2, prior to paving.
9. WARRANTIES OF TITLE. Grantor warrants that it has good and
marketable title to the easement premises, subject only to the following permitted title
objections: SEE EXHIBIT "C" ATTACHED HERETO.
10. REAL PROPERTY TAXES. Grantee shall be responsible for all real
property taxes and assessments or other governmental or quasi-governmental charges
against the easement premises. It is the intention of the parties that the Grantee pay
any taxes or assessments on the dominant estate in and to Tract 1, specifically
excluding the servient estate.
11. RUNNING OF BENEFITS AND BURDENS. All provisions of this
instrument, including the benefits and burdens, run with the land and are binding upon
and enure to the heirs, assigns, successors, tenants and personal representatives of the
parties hereto.
3
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PI~LRS COUNTY FLR.
OFF .REC.8K 10195 PG 2220
12. TERMINATION OF COVENANT LIABILITY. Whenever a transfer of
ownership of either parcel takes place, liability of the transferor for breach of covenant
occurring thereafter automatically terminates, except that the Grantor herein remains
liable for breaches of covenants of title set forth in Paragraph 9,
13. ATTORNEY'S FEES. Either party may enforce this instrument by
appropriate action, and the prevailing party in any such litigation, shall recover as part
of its costs a reasonable attorney's fee.
14. CONSTRUCTION. The rule of strict construction does not apply to this
grant, This grant shall be given a reasonable construction so that the intention of the
parties to confer a commercially usable right of enjoyment on the Grantee is carried
out.
15. NOTICE. All notices shall be sent by U.S. mail to the addresses provided
for in this paragraph and shall be deemed given when placed in the mail. The affidavit
of the person depositing the notice in the U.S. Post Office receptacle shall be evidence
of such mailing. Either party may lodge written notice of change of. address with the
other,
If to Grantor:
THE CITY OF CLEARWATER
Attention: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
With a copy to:
Attention: City Attorney's Office
P.O. Box 4748
Clearwater, Florida 33758-4747
If to Grantee:
INFORMATION MANAGEMENT RESOURCES, INC.
Attention: Robert Molsick
26750 U,S, Highway 19 North
Clearwater, FL 33761
16. RELEASE OF EASEMENT. Grantor also reserves the right to
unilaterally terminate this Agreement as to any portion of Tract 1 that are hereafter
dedicated, given or granted for use as additional right of way for Gould Street, upon
written notice to Grantee. The Grantee shall not be entitle to any compensation
resulting from a unilateral termination made in accordance with the provisions of this
paragraph. The Grantee herein may terminate this instrument by recording a release
in recordable form with directions for delivery of same or to Grantor at his last address
given pursuant hereto whereupon all rights, duties, and liabilities hereby created shall
4
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. COUNTY FLA.
Pl~ ~LAS10195 PG 2221
OFF .REC.BK
. terminate. For-convenience such instrument may run to lithe owner or owners and
parties interested in Tract 1.
IN WITNESS WHEREOF, the Grantor and the Grantee have caused this
Agreement to be signed by their respective authorized officers this ~day of July,
1998.
[SIGNATURE PAGE FOLLOWS]
5
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mISSIoner
. n, City Attorney
Witnesses:
c ~
print~Gr.Iy'n dr;nk:..
{{.~f~ SlLq<J
4ItINELLRS COUNTY FLR.
OFF .REC.8K 10195 PG 2222
CITY OF CLEARWATER, FLORIDA
"Grantor"
By: 1..-
Michael J, Roberto, City Manager
6
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PINELLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2223
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing INGRESS AND EGRESS AND UTILITY EASEMENT
AGREEMENT was acknowledged before me this 3()~ day of July, 1998, by RITA
GARVEY, the Mayor-Commissioner of the CITY OF CLEARWATER, on behalf of said
city. She is personally known to me or presented
, as identification,
(NOTARY SEAL)
c:~or ~
Notary P hc, State of FlorIda
My Commission Expires:
My Commission Number:
A.:/~' '(t"F"!J~ ("''',',~ L F;~::\Il(
~ Il~ <;:, CC;i;",;iS::iiC~J # CC';63040
<::\J:<~~ EXPIRESr,1AY22,1999
~~~ BONDED THRU
OF f\.~ ATlANTIC BONDING co.. INC.
STATE OF FLORIDA
COUNTY OF PINELLAS
The- foregoing INGRESS AND EGRESS AND UTILITY EASEMENT
AGREEMENT was acknowledged before me this 3o~ day of July, 1998, by
MICHAEL J. ROBERTO, the City Manager of the CITY OF CLEARWATER, on behalf
of said city. He is personally known to me or presented
, as identification.
(NOTARY SEAL)
c _~~
NO~iC, State of Florida
..9.'{ PfJ. CAROLYN L BRtNK
()~A~ COMMISSION' cc 463040
2~ . ~ EXPIRES MAY 22,1999
~ BONDEDTHRU
Of f~ An.ANT1C BONDING co.. INC.
My Commission Expires:
My Commission Number:
7
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PINELLRS COUNTY F-LR
OFFREC8K 10195 PG 2224
INFORMATION MANAGEMENT
RESOURCES, INC., a Florida corporation
By:
~~~
Printed Name: ~af'Il-. ItA. rf1C(.l'C.c...
Its: Vi~ -President
(AFFIX CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF?, nt' II () 5
The foregoing INGRESS AND EGRESS AND UTILITY EASEMENT
AGREEMENT was acknowledged before ~e this \ 'I 15~ day of ::J;:Z r '
1998, ~C,ht.^\ t n\.. (\) 0) SI cK ,as V ICE::- -PresIdent of INFORMATION
MANAGEMENT RESOURCES, INC., a Florida corporation, on behalf of said
cor oration. He/Sh IS personally known to me or presented
, as identification.
My Commission Expires:
My Commission Number:
,~~~'rv.:,~ SHI EY De'ftJ
~~~.. ....".'" . n." n
!*t.~~ ~~ MY COMMISSION' CC 8427
~~gj ElCPIfE8: MIi'oIl2l, ,.
-,.;y'.'1f.,f,\.' 80ndlId TIlIu NDlIrr PaIIIID IhIIMIIIII
(NOTARY SEAL)
STP-215719
8
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PINELLRS COUNTY FLR.
OFF .REC8K 10195 PG 2225
EXHIBIT "A"
Lots 9, 10 and 11, Block 5 (also known as subdivided Lot 5) of the
REVISED MAP OF RH. PADGETT'S SUBDIVISION, as recorded in Plat
Book 4, page 32, of the Public Records of Pinellas County, Florida,
e
~INELLRS COUNTY FLR
OFFREC.8K 10195 PG 2226
EXlDBIT "B"
(Page 1 of 2)
Fee Simple Portion:
A portion of the following tract: Lots 28, 29 and 33 through 39, inclusive,
of CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida (of which Pinellas County
was formerly a part); Lots 1 through 21, inclusive, of JANIE DANIEL'S
SUBDIVISION as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida; Unsubdivided Lot 1 (less that portion of
unsubdivided Lot 1 which has been resubdivided as JANIE DANIEL'S
SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the
Public Records of Pinellas County, Florida; together with all vacated
rights-of-way between the above lots and subdivisions; LESS AND
EXCEPT the existing rights-of-way of record for Cleveland Street and
Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
Lot 5), of the aforementioned REVISED MAP OF RH. PADGETT'S
SUBDIVISION as a Point of Beginning, thence N89011'57''W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot 5) of said subdivision a distance of 580.72 feet to a point on the
proposed Easterly right-of-way of Madison Avenue which is 22.50 feet
East of the Southwest corner of subdivided Lot 4 of said REVISED MAP
OF R.H. PADGETT'S SUBDIVISION; thence NOoo01'44"W along said
proposed right-of-way a distance of 628.66 feet to a point; thence
N09022'09"E, for a distance of 55.42 feet; thence NOoo01'44''W, for a
distance of 118.34 feet; thence S89041'48"E for a distance of 254.70 feet;
thence S61058'11"E for a distance of 161.20 feet; thence S89041'48"E for
a distance of 180.0 feet to an intersection with the Westerly right-of-way
of Missouri Avenue, (being 44 feet Westerly of the East line of the
Northwest 1/4 of Section 15, Township 29 South, Range 15 East); thence
SOoo03'52"E along said Westerly right-of-way, a distance of 731.81 feet to
an intersection with the Easterly projection of the Northerly boundary of
Lots 2 through 13, Block 5 (also known as subdivided Lot 5) of the said
REVISED MAP OF RH. PADGETT'S SUBDIVISION, thence
N89011'571'W along said projection, 5.80 feet to the Point of Beginning.
e
4ItPINELLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2227
EXHIBIT "B"
(Continued--Page 2 of 2)
Perpetual Use Easement Portion:
A portion of the following tract: Lots 14 through 33, inclusive, and Lots
38 and 39 of CLEARWATER HEIGHTS, as recorded in Plat Book 4, page
99 of the Public Records of Hillsborough County, Florida (of which
Pinellas County was formerly a part), together with all vacated rights-of-
ways between the above lots in subdivisions, LESS AND EXCEPT the
existing rights-of-ways of record for Cleveland Street and Missouri
Avenue, and being more particularly described as follows:
From the Northwest corner of Lot 14 of said CLEARWATER HEIGHTS
as a Point of Reference, thence S89041'48"E along the deeded Southerly
right-of-way of Cleveland Street, a distance of 25.30 feet to a Point of
Beginning; thence continue S890 41' 4811E along said Southerly right-of-way
for a distance of 576.76 feet to an intersection with the Westerly right-of-
way of Missouri Avenue; thence SOoo03'5211E along said Westerly right-of-
way for a distance of 300.00 feet; thence N89041'4811W a distance of
180.00 feet; thence N61058'11''W for a distance of 161.20 feet; thence
N89041'4811W for a distance of 254.70 feet to an intersection with the
proposed Easterly right-of-way of Madison Avenue; thence NOooOl'44I1W
along said proposed Easterly right-of-way for a distance of 225.00 feet to
the Point of Beginning.
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PINELLRS COUNTY FLR
OFFREC.8K 10195 PG 2228
EXHIBIT tIC
Permitted Exceptions to Warranty by City of Clearwater
1. Taxes or assessments subsequent to the date of this Agreement.
2. Easement in favor of Florida Power Corporation recorded in
Official Records Book 5462, Page 512 of the Public Records of
Pinellas County, Florida.
3. Easement for sidewalk, drainage and utilities for use of the general public
and the City of Clearwater, as set forth in Resolution No. 5369, Page 2185
of the Public Records of Pinellas County, Florida.
4. Any adverse matters which would be shown by a true and correct survey
of the lands conveyed.
It
INST # 98-253384
RUG 7, 1998 5: 1 1 PM
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PINELLRS COUNTY FLR
OFF.REC.8K 10195 PG 2244
TEMPORARY INGRESS AND EGRESS
AND UTILITY EASEMENT AGREEMENT
THIS TEMPORARY INGRESS AND EGRESS
AND UTILITY EASEMENT AGREEMENT (~M3583 SJW 08-07-1998
"Agreement") is made by and between thEe1 AGR-COI'lI'lUHITY
COMMUNITY REDEVELOPMENT AGENCY, ofM~~~~ _ DR219 ~
City of Clearwater, Florida, a Florida governme~t'af
agency created pursuant to Part III, Chapter 163, CHECK AI'lT. TENb~J~5~
Florida Statutes" which has a post office address at CHANGE:
P.O. Box 4748, Clearwater, FL 34618 (hereinafter
referred to as the "Grantor") and INFORMATION MANAGEMENT RESOURCES,
INC" a Florida corporation, which has a business address at 26750 U.S. Highway 19
North, Suite 500, Clearwater, Florida 33761, Attention Robert Molsick;(the said
Information Management Resources, Inc, being hereinafter referred to as the
"Grantee") .
16:43:40
$51.00
$.70
--------
$51.70
$51.70
$.00
RECITALS
WHEREAS, the. Grantor is the owner of a tract of land (hereinafter
referred to as "Tract 1") more particularly described in EXHIBIT "A" attached hereto
and incorporated herein by this reference; and
WHEREAS, the Grantee is the owner of a tract of land, together with a
perpetual use easement (collectively hereinafter referred to as "Tract 2") more
particularly described in EXHIBIT liB" attached hereto and incorporated herein by this
reference; and
WHEREAS, Tract 1 is presently unimproved, and is adjacent to both Tract
2 and Madison Street, a public right of way in the City of Clearwater; and
WHEREAS, Grantor has present plans to widen the existing right of way
of said Madison Street, and to dedicate, grant or give Tract 1 for that purpose; and
WHEREAS, the Grantor desires to grant and the Grantee desires to
receive a temporary easement over, under and across Tract 1 (said dominant estate in
Prepared by and return to:
n~ ;j__Lf__'C;~:_~;~J(.
~<FC 5LtLfu
~s _ I 7
MTF
OooulT'enlary Tax Pd $______~:t J _
$_______.________ !;ol..nglbiElTax Pd.
Kar100n F Dp 8Iak.f':'. Cerk, Pin!?';;!!> Cr.t;nty
Gy __._~___.___Gepu:y Clerk
Homer Duvall, m
HOLLAND & KNIGHT LLP
P. O. Box 3542
St. Petersburg, FL 33731
l~"r __-
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PIC __
KEV
10TAl t;/. 7~
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~ELLRS COUNTY FLR
OFF .REC8K 10195 PG 2245
Tract 1 being hereinafter after referred to as lithe easement premises") pending the
dedication or grant or gift and the acceptance thereof of Tract 1 for public right of way
purposes;
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
following grants, agreements, and covenants and restrictions are made:
1. RECITALS. The foregoing recitals are hereby made a material part of this
Agreement and are incorporated herein by this reference.
2. GRANT OF EASEMENT. The Grantor hereby grants to the Grantee, its
successors and assigns, as an easement appurtenant to Tract 2 a temporary easement
for ingress and egress together with the right to use Tract 1, for utility purposes,
including without limitation, water, sanitary sewer, electricity, gas, cable television, and
stormwater drainage over, under and across Tract 1 for access to and from Madison
Street; provided, however, the use of Tract 1 for utility purposes is limited to locating,
installing and maintaining utility connections into utilities facilities now or hereafter
existing, while this easement is in effect, in the right-of-way of Madison Street. The
rights herein granted are interests in real property only, and nothing contained herein.
is intended nor shall the same be deemed or construed as a right or permit to connect
to any existing utilities.
3. USE OF EASEMENT PREMISES. Use of Tract 1 is not confined to
present uses of Tract 2, or present means of transportation or providing utilities. The
installation or maintenance by the Grantee of pipes, conduits, or wires, under, upon or
over Tract 1 is forbidden, except for the purpose of connecting into utility facilities
existing during the term of this easement within the right-of-way of Madison Street.
The right to use Tract 1, for operating utility purposes, including without limitation,
water, sanitary sewer, electricity, gas, cable television, and stormwater drainage, is
expressly reserved by the Grantor; provided such use does not unreasonably interfere
with or interrupt Grantor's use of Tract 1 as provided herein. In addition, the Grantor
reserves the right to use Tract 1 for any subsurface use that does not unreasonably
interfere with Grantee's use of Tract 1 for ingress and egress or utility services.
Grantee, at Grantee's sole risk and expense, shall be permitted to install and maintain
paved driveways and sidewalks upon Tract 1, so long as the easement herein granted
has not expired or has not been terminated; provided, however, upon the expiration or
termination of the easement herein granted, Grantee, upon written request by the
Grantor, shall remove all such driveways and sidewalks at Grantee's sole cost and
expense.
4. USE OF TRACTS 1 AND 2. As long as this easement grant remains in
effect Tract 2 shall not be used for other than commercial purposes and no building
other than one suited only for commercial purposes shall be constructed thereon.
2
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P~LLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2246
5. ADDITIONS TO DOMINANT TENEMENT. Said easement is also
appurtenant to any land that is now or may hereafter come into common ownership
with Tract 2 aforesaid and that is contiguous to Tract 2. An area physically separated
from Tract 2 but having access thereto by means of public ways or private easements,
rights or licenses is deemed to be contiguous to Tract 2.
6. DIVISION OF DOMINANT TENEMENT. If Tract 2 is hereafter divided
into four (4) parts by separation of ownership or by lease, each part shall enjoy the
benefit and abide by the limitations of the easement hereby created. Division of the
dominant tenement into more than four parts shall be deemed an unlawful increase of
burden and use of the easement may be enjoined. Notwithstanding the provisions of
this paragraph, nothing contained herein shall prohibit the leasing of the facilities
located on Tract 2 to multiple tenants. It is the intent of the parties that the use of
Tract 1 not be overburdened by excessive use, as a result of excessive divisions of the
dominant tenement.
7, PARKING. Both parties covenant that vehicles shall not be parked on
Tract 1 except so long as may be reasonably necessary to load and unload.
8. WARRANTIES OF TITLE. Grantor warrants that it has good and
marketable title to the easement premises, subject only to the following permitted title
objections: SEE EXHIBIT "C" ATTACHED HERETO
9. REAL PROPERTY TAXES. Grantee shall be responsible for all real
property taxes and assessments or other governmental or quasi-governmental charges
against the easement premises, unless and until termination of this Agreement. It is
the intention of the parties that the Grantee pay any taxes or assessments on the
dominant estate in and to Tract 1, specifically excluding the servient estate.
10.. RUNNING OF BENEFITS AND BURDENS. All provisions of this
instrument, including the benefits and burdens, run with the land and are binding upon
and enure to the heirs, assigns, successors, tenants and personal representatives of the
parties hereto,
11. TERMINATION OF COVENANT LIABILITY. Whenever a transfer of
ownership of either parcel takes place, liability of the transferor for breach of covenant
occurring thereafter automatically terminates, except that the Grantor herein remains
liable for breaches of covenants of title set forth in Paragraph 8.
12, ATTORNEY'S FEES. Either party may enforce this instrument by
appropriate action, and the prevailing party in any such litigation, shall recover as part
of its costs a reasonable attorney's fee.
3
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OUNTY FLR.
"'PINELLRS1C0195 PG 2247
~ .REC.BK
13. CONSTRUCTION. The rule of strict construction does not apply to this
grant. This grant shall be given a reasonable construction so that the intention of the
parties to confer a commercially usable right of enjoyment on the Grantee is carried
out,
, 14. NOTICE. All notices shall be sent by U.S. mail to the addresses provided
for in this paragraph and shall be deemed given when placed in the mail. The affidavit
of the person depositing the notice in the U.S. Post Office receptacle shall be evidence
of such mailing. Either party may lodge written notice of change of address with the
other.
If to Grantor:
THE CITY OF CLEARWATER
Attention: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
With a copy to:
Attention: City Attorney's Office
P.O. Box 4748
Clearwater, Florida 33758-4748
If to Grantee:
INFORMATION MANAGEMENT RESOURCES, INC,
Attention: Robert Molsick
26750 U,S. Highway 19 North
Clearwater, FL 33761
15, RELEASE OF EASEMENT. This Agreement shall automatically
terminate as to any portion of Tract 1 that is hereafter dedicated, given or granted for
use as additional right of way for Madison Street, without notice to the Grantee. The
Grantee shall not be entitled to any compensation resulting from any such automatic
termination made in accordance with the provisions of this paragraph. The Grantee
herein may terminate this instrument by recording a release in recordable form with
directions for delivery of same or to Grantor at his last address given pursuant hereto
whereupon all rights, duties, and liabilities hereby created shall terminate, For
convenience such instrument may run to "the owner or owners and parties interested
in Tract 1. II
IN WITNESS WHEREOF, the Grantor and the Grantee have caused this
Agreement to be signed by their respective authorized officers this ~day of July,
1998.
[SIGNATURE PAGES FOLLOW]
4
e
Countersigned:
, Ro ~
Prin;l.d ~~ -K,<:II<'r
Its: EXECUTIVE DIRECTOR
E to form:
pamela(K. Akin, City Attorney
l3r/,.,K.
P4ItLLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2248
COMMUNITY REDEVELOPMENT
AGENCY of the City of Clearwater,
Florida
"Grantor"
By:
rinted Name: --fa
Its: CHAIRMAN
5
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PINELLRS COUNTY FLR
OFFREC.8K 10195 PG 2249
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing ING RESS AND EG RESS AND UTILITY EASEMENT
AGREEMENT was acknowledged before me this 30'lt- day of July, 1998, by
Ai7lt GIII<'"'t'i ,the Chairman of the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CLEARWATER, FLORIDA, on behalf of said agency.
He/She is personally known to me or presented
as identification.
(NOTARY SEAL)
~-~~
Notary ~blic, State of Florida
My Commission Expires:
My Commission Number:
,~'I PfJ CARCL'fN L. BR;NK
~}~.~ cmf.v-'~s~:;N II CC 483040
~ .. 'f> E>:P!fi~~'.~AY22.,1999
~ ~ BO~~OEO THl'lU
~OF ~ AT\.ANTIC BONDING CQ.,INC.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing INGRESS AND EGRESS AND UTILITY EASEMENT
."GREEMENT was acknowledged before me this 301.A-day of July, 1998, by
11<.0 hev+ ke i \~ , the Executive Director of the COMMUNITY REDEVELOPMENT
AGENCYQ E CITY OF CLEARWATER, FLORIDA, on behalf of said agency. He
i~sonally known 0 me or presented , as
ideIrnficat' .
(NOTARY SEAL)
My Commission Expires:
My Commission Number:
Notary ublic,. State of Florida
t' . :iN L. 8R..~K
L~'( PlJ CA.P.Ot. .. cc 463040
q-~ ~ coMMISSION "
~ ("l EXPIRES MA.Y 22,1999
l\Il.~ ~ BONDED THRU
~~~ NTIC SaNDING co.. INC.
"'I1Of ~\9 ATLA
6
e
e
UNTY FLR.
PINELLRS 1~~95 pG 2250
OFF .REC.8K
INFORMATION MANAGEMENT
RESOURCES, INC., a Florida corporation
By:
Atk~
PrintedName: 2.aE'2:t- U-1 . #(OU.ICK
Its: tit ",/ -President
(AFFIX CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF ~ I'^) ( ~\{\ _~
The foregoing INGRESS AND EGRESS AND UTILITY EASEMENT
AGREEMENT was ~cknqwledged before me this ,---::SJ.,sf- day of . .~ III ~ ,
1998, ~rJJ<:::('+ ,t\. ,VI c,)~IC k.., as '\/,c t -President of INFORMATION
MANAGEMENT RESOURCES, INC., a Florida corporation, on behalf of said
corp~ration. He/She is personally known to me or presented
( (1'" <'-L~,"" , as identification,
(NOTARY SEAL)
Nota.
My Commission Expires:
My Commission Number:
l~~\~ SHI RETH
fta}i MY~ICW'CC"
~ fXPffE8: .",.
..I/."r,i.' . IIotIdId 11IIu HllIIrr ......... _4
STP-215958
7
e
. PINELLRS COUNTY FLR
F.REC.8K 10195 PG 2251
EXHIBIT "A"
(Additional Madison Avenue Right-of-Way)
A portion of the following tract: Lots 14, 27, 28 35 and 36 of
CLEARWATER HEIGHTS; Lots 4 through 9, inclusive, of JANIE
DANIEL'S SUBDIVISION; Unsubdivided Lot 4 of the REVISED MAP OF
RH. PADGETT'S SUBDIVISION; and all vacated rights-of-way between
the above lots and subdivisions. Being more particularly described as
follows:
From the Southwest corner of unsubdivided Lot 4, REVISED MAP OF
RH. PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of
the Public Records of Pinellas County, Florida, as a Point of Beginning;
thence NOoo01'44"W along the West boundary of said unsubdivided Lot
4, and along the West Boundary of JANIE DANIEL'S SUBDIVISION, as
recorded in Plat Book 5, Page 23, of the Public Records of Pinellas
County, Florida, a distance of 662.65 feet to the Northwest corner of Lot
4 of said JANIE DANIELS SUBDIVISION; thence S890 13' 41"E, along the
North boundary of said Lot 4, a distance of 6.25 feet to an intersection
with the Southwest corner of Lot 36 of CLEARWATER HEIGHTS, as
recorded in Plat Book 4, Page 99 of the Public Records of Hillsborough
County, Florida (of which Pinellas County was formerly a part); -thence
along the West boundary of said CLEARWATER HEIGHTS,
NOO-o01'44"W, for a distance of 363.93 feet to an intersection with the
Southerly right-of-way of Cleveland Street; thence S89 0 41' 48"E along said
right-of-way a distance of25.30 feet; thence SOooOl'44"E for a distance of
343,34 feet to a point; thence S09022'09'W for a distance of 55.42 feet;
thence SOooOl'44"E for a distance of 628.66 feet to an intersection with
a point on the Southerly boundary of said unsubdivided Lot 4, REVISED
MAP OF RH. PADGETT'S SUBDIVISION; thence N89011'57"W along
said Southerly boundary for a distance of 22.50 feet to the Point of
Beginning.
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PINELLRS COUNTY FLR
OFFREC.8K 10195 PG 2252
EXHIBIT "B"
(Page 1 of 2)
Fee Simple Portion:
A portion of the following tract: Lots 28, 29 and 33 through 39, inclusive,
of CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida (of which Pinellas County
was formerly a part); Lots 1 through 21, inclusive, of JANIE DANIEL'S
SUBDIVISION as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida; Unsubdivided Lot 1 (less that portion of
unsubdivided Lot 1 which has been resubdivided as JANIE DANIEL'S
SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the
Public Records of Pinellas County, Florida; together with all vacated
rights-of-way between the above lots and subdivisions; LESS AND
EXCEPT the existing rights-of-way of record for Cleveland Street and
Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
Lot 5), of the aforementioned REVISED MAP OF RH. PADGETT'S
SUBDIVISION as a Point of Beginning, thence N89011'57"W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot 5) of said subdivision a distance of 580.72 feet to a point on the
proposed Easterly right-of-way of Madison Avenue which is 22.50 feet
East of the Southwest corner of subdivided Lot 4 of said REVISED MAP
OF R.H. PADGETT'S SUBDIVISION; thence NOooOl'44"W along said
proposed right-of-way a distance of 628.66 feet to a. point; thence
N09022'09"E, for a distance of 55.42 feet; thence NOoo01' 44"W, for a
distance of 118.34 feet; thence S89041'48"E for a distance of 254.70 feet;
thence S61058'11"E for a distance of 161.20 feet; thence S89041'48"E for
a distance of 180.0 feet to an intersection with the Westerly right-of-way
of Missouri Avenue, (being 44 feet Westerly of the East line of the
Northwest 1/4 of Section 15, Township 29 South, Range 15 East); thence
SOoo03'52"E along said Westerly right-of-way, a distance of 731.81 feet to
an intersection with the Easterly projection of the Northerly boundary of
Lots 2 through 13, Block 5 (also known as subdivided Lot 5) of the said
REVISED MAP OF RH. PADGETT'S SUBDIVISION, thence
N89011'57"W along said projection, 5.80 feet to the Point of Beginning.
TOGETHER WITH:
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PINELLRS COUNTY FLR
OFF.REC.8K 10195 PG 2253
EXHIBIT "B"
(Continued--Page 2 of 2)
Perpetual Use Easement Portion:
A portion of the following tract: Lots 14 through 33, inclusive, and Lots
38 and 39 of CLEARWATER HEIGHTS, as recorded in Plat Book 4, page
99 of the Public Records of Hillsborough County, Florida (of which
Pinellas County was formerly a part), together with all vacated rights-of-
ways between the above lots in subdivisions, LESS AND EXCEPT the
existing rights-of-ways of record for Cleveland Street and Missouri
Avenue, and being more particularly described as follows:
From the Northwest corner of Lot 14 of said CLEARWATER HEIGHTS
as a Point of Reference, thence S89041'48"E along the deeded Southerly
right-of-way of Cleveland Street, a distance of 25.30 feet to a Point of
Beginning; thence continue S89 0 41' 48"E along said Southerly right-of-way
for a distance of 576.76 feet to an intersection with the Westerly right-of-
way of Missouri Avenue; thence SOO 0 03' 52"E along said Westerly right-of-
way for a distance of 300.00 feet; thence N89041'48'W a distance of
180.00 feet; thence N61058'11"W for a distance of 161.20 feet; thence
N89041'48"W for a distance of 254.70 feet to an intersection with the
proposed Easterly right-of-way of Madison Avenue; thence NOoo01'44"W
along said proposed Easterly right-of-way for a distance of 225.00 feet to
the Point of Beginning.
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PINELLRS COUNTY FLR.
OFF.REC,8K 10195 PG 2254
EXHIBIT "C"
Permitted Exceptions to Warranty by Community Redevelopment Agency
1. Taxes or assessments subsequent to the date of this Agreement.
2. Easement in favor of Florida Power Corporation recorded in Official
Records Book 5462, Page 512 of the Public Records of Pinellas County,
Florida.
3. Easement for sidewalk, drainage and utilities for use of the general public
and the City of Clearwater, as set forth in Resolution No. 5369, Page 2185
of the Public Records of Pinellas County, Florida.
4. Any adverse matters which would be shown by a true and correct survey
of the lands conveyed.
, ...
-" ~ ~
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City Attorney's Office
Interoffice Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
:am. J, Ravins, Finance Assistant Director
FROM:
John Carassas, Assistant City Attorney
COPY:
Earl W. Barrett, Real Estate Services Manager, Engineering
SUBJECT: City of Clearwater sale of 1158 - 1164 Gould Street to IMRGlobal
DATE:
November 4, 1999
For City Clerk:
Enclosed please find an original HUD Settlement Statement, a copy of First Amendment
to Drainage Easement Agreement, and copy of the proceeds check in the amount of
$47,075,00 for the above-referenced transaction,
For Finance:
Enclosed is the original check in the amount of $47,075.00 representing the proceeds
from the City sale of 1158 - 1164 Gould Street, Clearwater, Florida,
Please keep copies of all documents for your records, Please call my office if you have
any questions.
JC:grh
Attachments
l ~r"
{.\D. y,-;r'/
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99-360648 NOlJ- 3- 1999 6: 03PM
PINELLAS CO 8K 10714 PG 73
11111111111111111111I11111111111111111111111111111
FIRST AMENDMENT TO DRAINAGE EASEMENT AGREEMENT
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(V)
(V)
THIS FIRST AMENDMENT TO DRAINAGE EASEMENT AGREEMENT ("First
Amendment") is made by and between the CITY OF CLEARWATER, a Florida municipal
corporation which has a post office address of P.O. Box 4748, Clearwater, FL 33758-4748
("Grantor"), and IMRGLOBAL CORPORATION, a Florida corporation, flk/a Infonnation
Management Resources, Inc., a Florida corporation, whose address is 100 South Missouri Avenue,
Clearwater, Florida 33756 ("Grantee").
Recitals:
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WHEREAS, the Grantor and the Grantee are parties to that certain Drainage Easement
Agreement as recorded in Official Record Book 10195, page 2255, of the Public Records of Pine lias
County, Florida (the "Drainage Easement") (unless otherwise indicated capitalized terms used herein
shall have the same meaning as given to such terms in the Drainage Easement); and
E--l
en
WHEREAS, Grantor and Grantee desire to amend the Drainage Easement to add additional
property to the property described as "Tract 2" in the Drainage Easement so as to include the
property referenced on Exhibit A attached hereto ("the "Additional Property") as a portion of Tract
2 for the purposes of the Drainage Easement.
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NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1, Recitals. The foregoing recitals are hereby made a material part of this First
Amendment and are incorporated herein by reference.
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2. Additional Property. The Additional Property is hereby added as a portion ofthe land
described in Tract 2 of the Drainage Easement, and shall hereafter be deemed to be a part of Tract
2 and enjoy all benefits and rights granted to Tract 2 under the Drainage Easement. Grantor does
hereby grant to Grantee and its successors and assigns, for the benefit of the Additional Property,
the easement rights and benefits arising under the Drainage Easement.
3. Confirmation and Ratification, The parties hereto do hereby ratify the Drainage
Easement as amended by this First Amendment, and confirm that the Drainage Easement, as
amended by this First Amendment, remains in full force and effect.
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IN WITNESS WHEREOF, the Grantor and the Grantee have caused this First Amendment
to be executed by their respective authorized officers as of this 29th. day of September, 1999.
[Signature page and notary acknowledgments follows]
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P inted Name: Kfl TJ Ie fA/ 5 m;. Tit - 8ltx r'e ~
STATE OF FLORIDA
COUNTY OF PINELLAS
PINELLRS COUNTY FLR.
OFF .REC.8K 10714 PG 74
IMRGLOBAL CORPORATION, a Florida
corporation
By ~;ff. 4l
Robert M. Molsick, Vice President
Th~fOregOi~endment to Drainage Easement Agreement was acknowledged before
me this~ tlay of 0 1999 by Robert M. Molsick, as Vice President of IMRGLOBAL
CORPORATION, a Florida co 0 tion, on behalf of the corporation. He is personally known to
me or produced identification.
Y PUBLI
h,~ I~G-'Yh.
(Printed name)
My commission expires: .3 /<>. 'I /.J~' -
2
, .,
.,
.! .
PINELLRS COUNTY FLR.
OFF.REC.8K 10714 PG 75
CITY OF CLEARWATER, FLORIDA
BY:~~
Mi ael J. Roberto ,City Manager
------3 .
C'--.~ .0-
pa~ K. Akin ,CitY Attorney
Attest: n;,J),:" r~L~
~udeau _' City Clerk
a
I-
Printed Name: S",'.j"t
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing First Amendment to Drainage Easement Agreement was acknowledged before
me thiOl.'L day of September, 1999 by BR (/VJ ;r. A ~ff; as Mayor-Commissioncr of the CITY
OF CLEARWATER, on behalf of the. city, She e is personally known to me or produced
as identification, -
c~~~
NOTARY PUBLIC
(Printed name)
NOTARY PUBLIC. STATE OF FLORIDA
CAROLYN L BRINK
\,vWtISSlON' Cee90461'8
EXPIRES 5/2212003
BONDED THRU ASA 1-888-NOTARY1
My commission expires:
3
. ..
, .
PINELLAS COUNTY FLA.
OFF .REC.8K 10714 PG 76
ST ATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing First Amendment to Drainage Easement Agreement was acknowledged before
me this~q day of September, 1999 by /CflAEL J. oberro, as City Manager of the CITY OF
CLEARWATER, on behalf of the city. She e is personally known to me or produced
as identification,
,
N~L~'='FRD'aA
CAROLYN l BRINK
COMMISSION' CCI346711
EXPIRES 5/2212003
BGlIetO 1""u ASA 1-8M.NOTARYf
(Printed name)
My commission expires:
F:\ WP61 \ WORK\RJ R\JUSTlCE\1 M R\J LOTS\AM ENDMEN. WPD
4
. .
.'
PINELLRS COUNTY FLR.
OFF .REC.8K 10714 PG 77
EXHIBIT "A"
Lots 9. 10 and 11, REVISED MAP OF R.H, PADGETT'S SUBDIVISION OF
ORIGINAL LOT 5, according to the Plat thereof, as recorded in
Plat Book 4, Page 32, of the Public Records of Pinellas County,
Florida_
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8
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STEWART TITLE COMPANY
OF CLEARWATER, INC.
ESCROW ACCOUNT
1290 COURT ST
CLEARWATER. FLORIDA 33756
PHONE (727) 441.2689
STEWART TITLE COMPANY
PALM HARBOR OFFICE
32722 US HIGHWAY 19 N
PALM HARBOR, FLORIDA 34684
PHONE (727) 785-7001
REGIONS BANK
LONG WOOD. FLORIDA
455691
ESCROW ACCOUNT
VOID AFTER 90 DAYS
01 - 0 0455 6 ~.~6
632
PAY FORTY SEVEN THOUSAND SEVENTY FIVE And 00/100
TO THE
ORDER OF-
THE CITY OF CLEARWATER, FLORIDA
G.F eW.
DATE
AMOUNT
99080074
11/01/1999 *~47,075.00
TWO SIGNATURES FOR WITHDRAWAL
Sanctity of Contract
II- ~ 5 5 b ~ * II- I: 0 b 3 20 b b b 3 I: b? 0 ~ * 55? B 311-
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY, NO RECEIPT DESIRED
DATE
ACCOUNT
DESCRIPTION
AMOUNT
SELLER: THE CITY OF CLEARWATER, FLORIDA
BUYER: IMRGLOBAL CORPORATION
ADDRESS: 1158-1164 GOULD STREET CLEARWATER FL 33756
LEGAL: Lot 9-11 REVISED MAP OF R.H. PADGETT'S SUB. OF ORIG. LOT 5
STEWART TITLE CO. OF CLEARWATER, INC.
1<"'" .~ J.!.:.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B.TYPE OF LOAN
, "
r . 1. [ ] FHA 2. [ ]FMHA 3. [ ]CONV. UNINS,
.
4. [ ] VA 5. [ ] CONV . INS. [X] Cash (6)
6. FILE NUMBER: 7, LOAN NUMBER:
99080074
8. MTG. INS. CASE NO.:
C.NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
("p.o.c. ") were paid outside the closing: they are shown here for information purposes and are not included in the totals.
D. NAME OF BORROWER: IMRGLOBAL CORPORATION
ADDRESS: 100 SOUTH MISSOURI AVENUE, CLEAR~ATER, FL 33756
E. NAME OF Sli:LLER: THE CITY OF CLEAR~ATER, FLORIDA
ADDRESS: SELLER TIN:
F. NAME OF LENDER:
ADDRESS:
G.PROPERTY LOCATION: Lot 9-11 REVISED MAP OF R.H. PADGETT'S SUB. OF ORIG. LOT 5
1158-1164 GOULD STREET CLEAR~ATER FL 33756
H. SETTLEMENT AGENT: STE~ART TITLE OF CLEAR~ATER PHONE NUMBER: NOT ON FILE
ADDRESS: 1290 COURT ST.
CLEAR~ATER, FL 33756 SETTLEMENT AGENT TIN: 59-1433918
PLACE OF SETTLEMENT: STE~ART TITLE OF CLEAR~ATER I.SETTLEMENT DATE
ADDRESS: 1290 COURT ST, Closing date: 10/22/99
CLEARWATER, FL 33756
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER:
10 1. Contract sales price 47,500.00 40 I. Contract sales price 47,500.00
102. Personal property 402. Personal property
103. Settlement charges to borrower(line 1400) 1,796.50 403.
104, 404.
105. 405.
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106. City/town taxes to 406. City/town taxes to
107. County taxes to 407. County taxes to
108, Assessments to 408. Assessments to
109. 409.
!l0. 410.
111. 411.
112. 412.
120. GROSS AMOUNT DUE FROM BORROWER: 420. GROSS AMOUNT DUE TO SELLER:
49,296.50 47,500.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501. Excess deposit(see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller(line 1400) 425.00
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. 504. Payoff of first mortgage loan
205. 50S, Payoff of second mortgage loan
206. 506.
207. 507.
208, , 508.
209. 509.
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210, City/town taxes to 510. City/town taxes to
211. County taxes to 511. County taxes to
212. Assessments to 512. Assessments to
213. .. 513.
214. NOTE: R.E. TAXES EXEMPT FOR 1999 514. NOTE: R.E. TAXES EXEMPT FOR 1999
215. , 515-. ...
.
216. 516.
217. 517.
218. 518.
219. 519.
220. TOTAL PAID BY/FOR BORROWER: 520. TOTAL REDUCTION IN AMOUNT:
425.00
300. CASH AT SEITLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower(line 120) 49,296.50 601. Gross amount due to seller(line 420) 47,500,00
302. Less amounts paid by/for borrower(line 220) . W2. Less total reductions in amount due seller(line 520) 425.00
303. CASH IX FROM] [ TO] BORROWER: 49,296.50 603. CASH [X TO] [ FROM] SELLER: /,7,075.00
~
SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E,G,H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404)
is important tax information and is being furnished to the Internal Revenue Service. If you are' required to file a return, a negligence penalty or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER INSTRUCTION-If this real estate was your principal residence, file Form 2119. Sale or Exchange of Principal Residence, for any gain, with your income tax
return; for other transactions, complete the applicable parts of Form 4797, Form 6252 and/or Schedule D (Form 1040).
You are required by law to provide Stewart Title of Clearwater, Inc, with your correct taxpayer identification number.
If you do not provide Stewart Title of Clearwater, Inc. with your correct taxpayer identification number, you may be subject to civil or criminal penalties.
Under penalties of perjury. I certify that the number shown on this statement is my correct taxpayer identification number.
Seller
~ ) ~\
~
File 99080074 1 , PAID FROM PAID FROM
-~\. . L. SETTLEMENT CHARGES BORROWER'S SELLER'S
FUNDS FUNDS
700. TOTAL SALES/BROKER'S COMMISION Based on $ 47,500.00@ 3.00 % = 1 ,425.00 AT SETTLEMENT AT SETTLEMENT
Division of Commission (line 700) as follows:
701. $1,425.00 to JUSTICE CORPORATION
702. $ to
703. Commission paid at settlement 1,425.00
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination fee %
802, Loan Discount %
803. Appraisal fee to
804. CreditReport to
805. Lender's inspection fee to
806. Mortgage Insurance application fee to
807. Assumption Fee to
808. to
809. to
810. to
811. to
812. to
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
90 I. Interest from to @$ /day
902. Mortgage insurance premium for mo. to
903. Hazard insurance premium for yrs. to
904. yrs. to
905.
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance mo.@$ per mo.
1002. Mortgage insurance mo.@$ per mo.
1003. City property taxes mo.@$ per mo.
1004. County property taxes mo.@$ per mo.
1005. Annual assessments (Maint.) mo.@$ per mo.
1006. mo.@$ per mo.
1007, mo.@$ per mo.
1008. mo.@$ per mo.
1100. TITLE CHARGES:
110 1. Settlement or closing fee to STC 50.00
1102. Abstract or title search to STC 50,00
1103. Title examination to STC 51. 88
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fee to
1107. Attorney's fee to to
(includes above items No.:
11 08. Title insurance to STEWART TITLE OF CLEARWATER 273.12
(includes above items No.: )
1109. Lender's coverage $
1110. Owner's coverage 47,500.00 $ 273.12
1111. fl risk rate 273.12 to
1112. to
1113. to
1114. to
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 15.00 Mrtg $ ReI. $ 15.00
1202. City/county tax/stamps: Deed $ Mrtg $
1203. State tax/stamps: Deed $ 332,50 Mrtg $ 332.50
1204. record 1st Amendment to Drainage E~eto CLERK OF THE CIRCUIT COURT 24.00
1205.- . ~. -- -....- - ,,,;"... . ,- ~ --. - tD-. ----- ---.,.." ..-~- -----._----~----- . -.--- -""- """",,..--''''-'~ .-_. -- ....- .. - -- -
1206. to
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey to
1302. Pest inspection to
1303. to
1304. to
1305. to
1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 1,796,50 425.00
'"
CERTIFICA TlON: I have carefully reviewed Ihe HUD.I Settlemenl Slalement and 10 Ihe best of my knowledge and belief, il is a lrue and accura1e Slatemen1 of all receipts and disbursements made on my accounl or by me in Ihis
1nsaction. J further certify that I have received a copy of HUD-I Settlement Statement.
Borro'
'11-JF. r.TTY OF' CT.li;ARWATER,
INC.
me en Date
SEU,ER.S ANDI PURCHAS~ '.5 ST A TEMEt,:T 50 's ~ ~n;haser's signalwe he,eon ~!iltowledNes his/lheiiry;a1 of I~ Wo'!~'lt and si iRes li)eir und~rst~ding ~al.e~.?'ations w~1l' based on la~ fo, 'he (!feceding bear,
~eS~IPe~letft7~ I o~p~y" ihen~' ~ ,.m 'h,i. eB~~:"';., ~~ n1, 1~ir:8r~ ~nre~,~~zJ l~ess~all"l::~~lr tec~~J~ ~ I S tr.ri;':&o~~e':;'v'lll r . '~~f.fr,',s~~rhe~~m\i~~;;r!f 'p~n~~~t,iia'nc&'i f"'\Ylmr~n ~ T~~gvlfempany y
ille tomPlflv om!.'ule~ accOl1~IW"f ~ audil $ervices ~ireclfy or Ih""'N,h l:Rparr,'e enl"( ~eg'6 if.a~ll1rale.d with fjJ?e ompany, c:;:y ch~e InsljMion ~onable. ~ ~H:'~nsa~~ ~r~o{;e ~relain ""t r.rofits
~ r~ c ~r e :~ne:1ie "ewn:sa;'~ne'Y~ ~~I ~v~nd~ on ~~str~n~t~o 0: re!n~~sr ~nd~ cl ir~,n "'1l':''f.us~Rer; ~'Wl u:g{;~ '~r~ 0 .::~~ coo t~~\..":'l, mes rvIC:;~ot:~ esc';;r;n~ne~hn 'r~ f r~rtu"ll~ri~' ~.e~' or
w I~h ~il~ to~""y ~as or m~y have .ol~r tanJs.ong rer.\ion~lIgf ~~ !.;n/.1er consenl/o J: ret nllon ~Yr"le Company an~r "s a?fiiiales f any and ~~ts ("1C~u:Hng ~r:;'tageous Inlerest 'ales oh 10ansflfI,fe (%mpany ~)or its
ar 1~t'i~!."n~;'h..."J~~!~'1I4uiboV~~(i"t~n::~~I,"~~~~~Pt1 \h~~~ r.\fu1\i:l'.;'~'!}~Pe'\\\"~rg ~~l~rf~f.r~;..:~g~~e, and ,ecognize Tille Company is relying on the same.
Purchasers/IBorrowers Sellers
W ARNlNG: It Is a crime to knowingly make rRlse Malements to the UnUed Stales on this or any other shnUar rorm. Pen Rilles upon conviction eRn Include a nne and Imprisonment. For details see: Title J8: U.S. Code Section 1001 Rnd Section 10JO.
~INST # 98-253385
RUG 7,1998 5:11PM
e
PINELLRS. COUNTY FLR
OFF REC 8K 10195 PG 2255
DRAINAGE EASEMENT AGREEMENT
THIS DRAINAGE EASEMENT AGREEMENT
(the "Agreement") is made by and between THE CITY bC2;~35~4 SJW
~F CLEARWATER, a Florida municipal corporation, RECQ~~IH~R-CLWR
which has a post office address at P.O. Box 4748, DOC STAMP - DR219
Clearwater, FL 34618 (hereinafter referred to as the
"Grantor") and INFORMATION MANAGEMENT
RESOURCES, INC., a Florida corporation, which has
a business address at 26750 U.S. Highway 19 North,
Suite 500, Clearwater, FL 33761 (hereinafter referred
to as the "Grantee").
,
08-07-1998 16:44:02
1
3
$55.50
$.70
TOTAL:
C~ECK A"T.TEMDERED:
CHANGE:
$56.20
$56.i:.J
$.00
RECITALS
WHEREAS, the Grantor is the owner of three (3) parcels of land
(hereinafter collectively referred to as "Tract 1") more particularly described in
EXHIBIT "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the Grantee is the owner of a tract of land, together with a
perpetual use easement and an ingress and egress and utility easement (collectively
hereinafter referred to as "Tract 2") more particularly described in EXHIBIT liB"
attached hereto and incorporated herein by this reference; and
WHEREAS, Tract 2 is presently unimproved; however, Grantee intends
to improve Tract 2 with an office building, parking lot and appurtenant structures and
improvements, thereby creating large areas of impervious surfaces; and
WHEREAS, Grantor and Grantee have entered into a certain Agreement
for Development and Disposition of Property, regarding Tract 1 and Tract 2, and other
property rights and interests, dated as of June 18, 1998 (the "Development
Agreement"); and
WHEREAS, the Grantor desires to grant and the Grantee desires to
receive an easement over, under and across Tract 1 [said dominant estate in Tract 1
(and specifically excluding the underlying servient estate) being hereinafter referred to
as "the easement premises"];
Prepared by and return to:
'.1. ... t:SS"" '~'
11 ,', \ -.... !"
ti.>:C..... .\
~~- .~
L. _
INT ___
FEES
~mGnlarY T311 Pd.$_-L2.~__
---- I"'!............ i
1(-" , . -...n.'l;'b.eTa,- p"
".' o:.'t.r. F: 0,. 131~'''. ".
. 4;O;9r, I.;/C.-,Io; P"'€!I'ar ~
..'l' ~ j ,. .. , . L.:)u"~,,
_.,~ ,I
-..------ O~P~:fy C;fX.1
Homer Duvall, III
HOLLAND & KNrGHT LLP
P.O. Box 3542
St. Petersburg, Florida 33731
MTF
PiC __._____
REV
~.~.;.G\!--~
~
e
~LLRS COUNTY FLR
OFFREC.8K 10195 PG 2256
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
following grants, agreements, and covenants and restrictions are made:
1. RECITALS, The foregoing recitals are hereby made a material part of this
Agreement and are incorporated herein by this reference.
2, GRANT OF EASEMENT. The Grantor hereby grants to the Grantee, its
successors and assigns, as an easement appurtenant to Tract 2 a perpetual, non-
exclusive easement over, under and across Tract 1 for stormwater drainage and
retention,
3. DRAINAG E FACILITIES. The Grantor shall construct, improve, install,
maintain, repair and replace within Tract 1, those pipes, conduits, culverts, swales,
berms, ponds, retention areas, and other facilities (hereinafter the "Drainage Facilities"),
as may be necessary for the drainage of Tract 2, in accordance with Article 5 of the
Development Agreement, and the Infrastructure Plans and Specifications, as therein
defined. .
4, USE OF EASEMENT PREMISES, Use of Tract 1 is confined to the
drainage requirements of Tract 2 which shall not exceed those contemplated by the
Development Agreement. The use of the easement is restricted to the flow of
stormwater and the Grantee is prohibited from making any other use of Tract 1. Any
installation or maintenance by the Grantee of any building or improvement, including
without limitation any pipes, conduits, or wires, under, upon or over Tract 1 is
forbidden, except to the extent permitted by ~5.08 or ~13.02 of the Development
Agreement. The Grantor reserves the right to use Tract 1 for any surface or subsurface
use that does not unreasonably interfere with Grantee's use of Tract 1 for drainage.
5. USE OF TRACTS 1 AND 2. As long as this easement grant remains in
effect Tract 2 shall not be used for other than commercial purposes and no buildings
other than' those suited only for commercial purposes shall be constructed thereon.
6. DIVISION OF DOMINANT TENEMENT. If Tract 2 is hereafter divided
into four (4) parts by separation of ownership or by lease, each part shall enjoy the
benefit and abide by the limitations of the easement hereby created. Division of the
dominant tenement into more than four (4) parts shall be deemed an unlawful increase
of burden and use of the easement may be enjoined. Notwithstanding the provisions
of this paragraph, nothing contained herein shall prohibit the leasing of the facilities
located on Tract 2 to multiple tenants. It is the intent of the parties that the use of
Prepared .by and return to:
Homer Duvall, ill
HOLLAND & KNrGHT LLP
P.O. Box 3542
St. Petersburg, Florida 33731
2
e
P I.LRS COUNTY FLR
OFFREC.8K 10195 PG 2257
.:.
Tract l' not be overburdened by excessive use, as a result of excessive divisions of the
dominant tenement.
7, PARKING. Both parties covenant that vehicles shall not be parked on
Tract 1 except so long as may be reasonably necessary to during construction,
improvement, repair and maintenance of Tract 1 and the drainage facilities located
thereon.
8. RELOCATION OF EASEMENT. Grantor, reserves the right to relocate
the easement premises, at Grantor's discretion and as Grantor's sole expenses, as
follows:
A. Grantor shall first notify the Grantee of the proposed relocation by
mailing notice to the Grantee at its last address furnished pursuant hereto, showing the
proposed relocation, probable commencement and completion dates, all by mailing same,
postage prepaid, at least 30 days prior to commencement of relocation.
B. Grantor at Grantor's sole cost and expense, shall improve the new
. easement premises with suitable Drainage Facilities sufficient to provide for adequate
drainage for Tract 2, with connections to Grantee's then existing drainage facilities on
Tract 2.
C. At the completion of the installation and relocation, Grantor, at
Grantor's sole expense, shall record an easement grant, or a modification hereto, in
recordable from granting the new easement premises to the Grantee, shall cause the
same to be delivered to the Grantee, and shall furnish the Grantee evidence of title
satisfactory to the Grantee showing an unencumbered easement in such Grantee,
whereupon the change in location of the easement premises shall become effective, and
appropriate releases of the prior location shall be executed in recordable form and
exchanged between the parties hereto, their successors or assigns.
D. Alternatively to the relocation provisions of subparagraphs Band
C above, Grantor, upon the notice required by subparagraph A and at Grantor's sole
expense, may connect the Grantee's drainage facilities located on Tract 2 to a publicly
owned, dedicated and maintained stormwater drainage system, which is sufficient to
provide adequate drainage for Tract 2. Grantor shall provide Grantee with evidence
of title confirming such public ownership, dedication and maintenance. Upon such
connection and providing of the required title evidence, this easement shall terminate,
and the appropriate releases of this Easement Agreement shall be executed in
recordable form and exchanged between the parties hereto, their successors or assigns.
E. In the course of any such relocation, the Grantor shall use
reasonable efforts to avoid any interruption of the availability of adequate drainage
from Tract 2.
3
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e
PINELLRS COUNTY FLR
OFFREC.8K 10195 PG 2258
"-
F. The Grantee shall not be entitled to any compensation as a result
of the easement relocation or connection to public drainage facilities as provided in this
paragraph.
9. WARRANTIES OF TITLE. Grantor warrants that it has good and
marketable title to the easement premises, subject only to the following permitted title
objections:
SEE EXHIBIT "C" ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE
10. REAL PROPERTY TAXES. Grantee shall be responsible for all real
property taxes and assessments or other governmental or quasi-governmental charges
against the easement premises. It is the intention of the parties that the Grantee pay
any taxes or assessments on the dominant estate of the Grantee in and to Tract 1,
specifically excluding the servient estate.
11. RUNNING OF BENEFITS AND BURDENS. All provisions of this
instrument, including the benefits and burdens, run with the land and are binding upon.
and enure to the heirs, assigns, successors, tenants and personal representatives of the
parties hereto.
12. TERMINATION OF COVENANT LIABILITY. Whenever a transfer of
ownership of either parcel takes place, liability of the transferor for breach of covenant
occurring thereafter automatically terminates, except that the Grantor herein remains
liable for breaches of covenants of title set forth in Paragraph 9.
13. ATTORNEY'S FEES. Either party may enforce this instrument by
appropriate action, and the prevailing party in any such litigation, shall recover as part
of its costs a reasonable attorney's fee.
14, CONSTRUCTION~ The rule of strict construction does not apply to this
grant, This grant shall be given a reasonable construction so that the intention of the
parties to confer a commercially usable right of enjoyment on the Grantee is carried
out.
15. NOTICE. All notices shall be sent by U.S. mail to the addresses provided
for in this paragraph and shall be deemed given when placed in the mail. The affidavit
of the person depositing the notice in the U.S. Post Office receptacle shall be evidence
of such mailing. Either party may lodge written notice of change of address with the .
other.
4
e
ePINELLRS COUNTY FLR
OFFREC.8K 10195 PG 2259
If to Grantor:
THE CITY OF CLEARWATER
Attention: City Manager
112 South Osceola Avenue
Clearwater, FL 33756
With a copy to:
Attention: City Attorney's Office
P.O. Box 4748
Clearwater, Florida 33758-4748
If to Grantee:
INFORMATION MANAGEMENT RESOURCES, INC,
Attention: Robert Molsick
26750 U.S, Highway 19 North
Clearwater, FL 33761
16. RELEASE OF EASEMENT. In addition to the release and termination
provisions contained in paragraph 9 above, Grantor also reserves the right to
unilaterally terminate this Agreement as to any portion of Tract 1 that are hereafter
dedicated, given or granted for use as public drainage facilities, upon written notice to
Grantee, provided that such dedication, gift or grant does not unreasonably impair the
drainage flow for Tract 2. The Grantee shall not be entitled to any compensation
resulting from a unilateral termination made in accordance with the provisions of this
paragraph. The Grantee herein may terminate this instrument by recording a release
in recordable form with directions for delivery of same or to Grantor at its' last address
given pursuant hereto whereupon all rights, duties, and liabilities hereby created shall
terminate. -For convenience such instrument may run to lithe owner or owners and
parties interested in Tract 1.
IN WITNESS WHEREOF, the Grantor and the Grantee hav~ caused this
Agreement to be signed by their respective authorized officers this ~a.ay of July,
1998.
[SIGNATURE PAGE FOLLOWS]
5
e
Countersigned:
Approved as to form:
~n. City Attorney
Witnesses:
c ~
prin~me: a.n/yn 7?r;a~
~i41~ /j;;/.,,'-
STATE OF FLORIDA
COUNTY OF PINELLAS
e
PINELLRS COUNTY FLR
OFFREC.8K 10195 PG 2260
CITY OF CLEARWATER, FLORIDA
"Granto II
By:
The foregoing DRAINAGE EASEMENT AGREEMENT was acknowledged before
me this 30'W-- day of July, 1998, by RITA GARVEY, the Mayor-Commissioner of the
CITY OF CLEARWATER, on behalf of said city. Sh~ personally known to me or
presented , as identification.
(NOTARY SEAL)
My Commission Expires:
My Commission Number:
C:~~;f.~
N otary ~blic, State of Florida
'I~ C.4"OLVN L BR"'K
~ .. if=, Cm,1Ml'3B!CN t CC 0163040
~~'~ iJ EXPiriES ~.1AY 22, 1999
~ ~~ BC~'DEOTHf1U
OF W. ATU.NTlC SONDING CO., INC.
6
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PINELLRS COUNTY FLR
OFF REC 8K 10195 PG 2261
...
. STATE -OF FLORIDA
COUNTY OF PINELLAS
The foregoing DRAINAGE EASEMENT AGREEMENT was acknowledged before
me this ,3() ~day of July, 1998, by MICHAEL J. ROBERTO, the City Manager of the
CITY OF CLEARWATER, on behalf of said city. He is personally known to me or
presented , as identification.
(NOTARY SEAL)
My Commission Expires:
My Commission Number:
$'l PfJ~ CAROLYN L. BRINK
c:> A~ COMMISSION' CC 463040
z: . ~ EXPIRES MAY 22, 1999
~C" ~ BONDED THRU
~OF r;;\.~ ATLANTlC BONDING co., INC,
7
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OFFP~~2L~:S COUNTY FLA.
. 10195 PG 2262
INFORMATION MANAGEMENT
RESOURCES, INC., a Florida corporation
Witnesses:
By:
AfJ1. ~
Printed Name: i1~~ ~. Vtt.GC.<I'IC-
Its: tI,c.e -President
(AFFIX CORPORATE SEAL)
STATE OF FLORIDA
'~
COUNTY OF r I 1\ e.,L \ (1 ~
The foregoing DRAINAGE EASEMENT AG,REEMENT was acknowledged
before me this "~~ l,st- day of -TLL\ '1 , 1998, ?c h e,~ + f-v1, I'd () Is ,e K. , as
\/,( ( . -President ofINFORMATION MANAGEMENT RESOURCES, INC., a Florida
corporation, on behalf of said co oration. He/She is personally known to me or
presented '~ C '':'c.",dL.. . , as identific~tion,
(NOTARY SEAL) . ~c.i,t?c '=cf
~otary Public, te of Florida
My Commission Expires:
My Commission Number:
"'~ri~~~\ SHJ. --
-.' '-->;6_ ..v~ ""'n
:: : :... "If -......, cc--
?>..: - ~
~1.~ . i$i EXPIlES: MIR:h.. 1.
"P,f..~ Banded TIInI NcllIWy .... ~
STP-215719
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~ELLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2263
!..
EXlllBIT "A"
PARCEL A:
LOTS 16, 17 and 18, BLOCK 5 (also known as subdivided Lot 5) of the
REVISED MAP OF RH. PADGETT'S SUBDIVISION, as recorded in Plat
Book 4, page 32, of the Public Records of Pinellas County, Florida.
PARCEL B:
The West 2/3 of Lot 9; All of Lots 10 and 11 AND the North 60.0 feet of
Lots 12 and 13 of W.r. HUGHEY'S SUBDMSION, as recorded in Plat
Book 1, page 70, of the Public Records of Pinellas County, Florida.
PARCEL C:
LOTS 13 and 14, BLOCK 1 of MOASE AND HARRISON'S
SUBDIVISION OF LOT 7 of RH. PADGETT'S SUBDIVISION, as
recorded in Plat Book 2, page 85, of the Public Records of Pinellas
County, Florida. .
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epINELLRS COUNTY FLR.
OFF.REC.8K 10195 PG 2264
':..
EXHIBIT "B"
Fee Sim{>le Portion:
A portion of the following tract: Lots 28, 29 and 33 through 39, inclusive,
of CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida (of which Pinellas County
was formerly a part); Lots 1 through 21, inclusive, of JANIE DANIEL'S
SUBDIVISION as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida; U nsubdivided Lot 1 (less that portion of
unsubdivided Lot 1 which has been resubdivided as JANIE DANIEL'S
SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
P ADG ETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the
Public Records of Pinellas County, Florida; together with all vacated
rights-of-way between the above lots and subdivisions; LESS AND
EXCEPT the existing rights-of-way of record for Cleveland Street and
Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
Lot _5), of the aforementioned REVISED MAP OF RH. PADGETT'S
SUBDIVISION as a Point of Beginning, thence N89011'57"W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot 5) of said subdivision a distance of 580.72 feet to a point on the
proposed Easterly right-of-way of Madison Avenue which is 22.50 feet
East of the Southwest corner of subdivided Lot 4 of said REVISED MAP
O~ R.H. PADGETT'S SUBDIVISION; thence NOoo01'44"W along said
proposed right-of-way a distance of 628.66 feet to a point; thence
N09022'09"E, for a distance of 55.42 feet; thence NOoo01' 44"W, for a
distance of 118.34 feet; thence S89041'48"E for a distance of 254.70 feet;
thence S61 o58'11"E for a distance of 161.20 feet; thence S89041'48"E for
a distance of 180.0 feet to an intersection with the Westerly right-of-way
of Missouri Avenue, (being 44 feet Westerly of the East line of the
Northwest 1/4 of Section 15, Township 29 South, Range 15 East); thence
SOoo03'52"E along said Westerly right-of-way, a distance of 731.81 feet to
an intersection with the Easterly projection of the Northerly boundary of
Lots 2 through 13, Block 5 (also known as subdivided Lot 5) of the said
REVISED MAP OF R.H. PADGETT'S SUBDIVISION, thence
N89011'57"W along said projection, 5.80 feet to the Point of Beginning.
TOGETHER WITH:
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PINELLRS COUNTY FLR.
OFF.REC8K 1~195 PG 2265
..
EXlDBIT "B"
(Continued--Page 2 of 2)
Perpetual Use Easement Portion:
A portion of the following tract: Lots 14 through 33, inclusive, and Lots
38 and 39 of CLEARWATER HEIGHTS, as recorded in Plat Book 4, page
99 of the Public Records of Hillsborough County, Florida (of which
Pinellas County was formerly a part), together with all vacated rights-of-
ways between the above lots in subdivisions, LESS AND EXCEPT the
existing rights-of-ways of record for Cleveland Street and Missouri
Avenue, and being more particularly described as follows:
From the Northwest corner of Lot 14 of said CLEARWATER HEIGHTS
as a Point of Reference, thence S89041'48"E along the deeded Southerly
right-of-way of Cleveland Street, a distance of 25.30 feet to a Point of
Beginning; thence continue S89 0 41' 48"E along said Southerly right-of-way
for a distance of 576.76 feet to an intersection with the Westerly right-of-
way of Missouri Avenue; thence SOoo03'52"E along said Westerly right-of-
way for a distance of 300.00 feet; thence N89041'48"W a distance of
180.00 feet; thence N61058'11"W for a distance of 161.20 feet; thence
N89041'48"W for a distance of 254.70 feet to an intersection with the
proposed Easterly right-of-way of Madison Avenue; thence NOoo01'44''W
along said proposed Easterly right-of-way for a distance of 225.00 feet to
the Point of Beginning.
AND TOGETHER WITH
IngTess and EgTess and Utility Easement Portion
Lots 9, 10 and 11, Block 5 (also known as subdivided Lot 5) of the
REVISED MAP OF RH. PADGETT'S SUBDIVISION, as recorded in Plat
Book 4, page 32, of the Public Records of Pinellas County, Florida.
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PINELLAS COUNTY FLR.
OFF ,REC.8K 10195 PG 2266
EXHIBIT "C"
Permitted Exceptions to Warranty by City of Clearwater
1. Taxes or assessments subsequent to the date of this Agreement.
2. Agreement by and between Beulah Lee and Albert L. Rogero, Jr.
and Mary M. Rogero recorded in Official Records Book 5827, Page
1937; the interest of said Albert Rogero, Jr. and Mary Rogero
having been assigned to Thomas J. Donnelly and Larry C. Hoffman
and Cheryl A. Hoffman by Assignment of Agreement, recorded in
Official Records Book 6197, Page 354, both of the Public Records
of Pinellas County, Florida.
3. Declaration of Unity of Title recorded in Official Records Book
9305, Page 1967 of the Public Records of Pinellas County, Florida.
4. Any adverse matters which would be shown by a true and correct survey
of the lands conveyed.
. AUG. ~03' 98IMON) 16 :23
HOLLAND~GHTSTPETE
TEL:813 8~7566
P. 002
EX1U1HT A
CLOSING ~,. A Tl-':M F.NT
SELLER:
THECOMMUNlTY REDEVELOPMENT AGENCY OF THE CITY
OF CLEARWATER. FLORJDA
BUYER:
INFORMATION MANAGEMENT RESOURCES, INC.. a Flori"A
corporation
CLOSING AGENT:
HOLLAND & J<NIGIIT. LLP
DATE OF CLOSING:
JULY 31. 1998
PROPERTY
LOCATION:
100 SOUTH MISSOURl AVE.
CLEARWATER. FLORIDA
A 13
Due Seller ~c Buyer
Purchase Price S1,491,056.00
Deposit $ 00
Reimbursement for Buyer's costs
for environmental matters with
respect to the project Site for
the folJowing: $ 51,3 76.34
(i) Enviro Assessments, Inc,
$ 5,000,00
(ii) Frank & Orambling
538,099.59
(ill) Hill Ward &. Henderson, P.A.
S 8,276.7S
TOTALS $1.493.05600 $ 51 316 34
Cash Balance Due from
Buyer (Column "A"
less Column liB")
$1441,6.79.66
AUG.~-03' 98 (MON) 16: 24 HOLLAND.' GHTSTPETE
TEL:813 8~7566
P. 003
S,pLLER'S .EXPEN~E~
Due Clerk of the Circuit Court: $ 1(1,724.50
Documentary Stamps on
Special Warranty Deed $1 0,4S J. 70
Rccording Feo for Special Warranty
Deed $15.00 (3 pgs.)
Recording Fee for Memo Agreement for
Development and Disposition ofPropeny
$24.00 (5 PIs.)
Documentary Stamps on
IngresslEgress Easement $0,70
Recording Fce for Temporary IngresslEgress
Easement 551.00 (11 pss.)
Documentary Stamps on
Perpetual Use Agreement Easement 50.70
R(!cording Fee for Perpetual Uso Agreement
Easement $69.00 (IS pgs)
Documentary Stamps on
Drainage Ea.sement $0.70
Recording Fee for Drainage
Easement $55.50 (12 pgs.)
Documentary Stamps on IngresslEgress
Utility illSement Asrcomem $0.70
Recording Fec for Ingre.s~arw Utility
Easement Aareement 555.50 (12 pgs.)
Due HDlland &. Icnight LLP. as Agent for $ 6,657.00
Commonwealth Land Title Insurance Company:
O\>ofner's polley in the amuunt of
purchase price $6,551.00
Contiguity Endorsement SIOO.oo
Due to Commonwealth l.and Title Insurance Company: $ 80000
Search Fee
Due to Evans Land Surveying, Inc.: $ 1,710.00
Survey Costs
Impact Fees as required by 7.10 (1)(2) of
the Developer's Agreement: $ P.D.C.
Site Plan Review Fees. Buildins Permit
Fees, etc, Impact Fees as required by 7.10 (a)(2) of
the Developer's Agreement $ P,Q.C.
AppucationlPemlitsllmpacl Fees, etc.
. AUG. -03' 98 (MON) 16: 24 HOLLAND&iGHTSTPETE
TEL: 813 '7566
P. 004
for Infrastructure lmprovements as required
by 3:04(c) of the Developer's Agreement: $ PO.c.
TOTAL EXPENSES OF SELLER $ 19.891.lQ
BUVlO.R'S EXP~sGS
Due Hill, Ward & Htnderson, P.A. $ 18.018.00
as Agent for Commonwealth Land
Title Insurance Company:
Endorsement to Owner's Policy increasing
policy amount to $7,500,000.00
Due Justice Corporation $ 44 79168
Brokerage Commission
TOTAL EXPENSES FOR BUYER S 62 Sn9 68
SELL~R!S SUMM~y
CllSh Balance due ft-om Buyet $ 1,441.679.66
Les~: Total SeUer. E"pcnses $ 19.891 ~
NET CASH DUE TO SELLER S 1.421. 78S.1J2
BIJVl!lt~ SUM?IA:AR Y
Cash balance duct from Buyer $ 1,441,679.66
Plus: Totell Buyer's Expenses $ ~.809.n6
TOTAL DUE FROM BUYER $ !JO~.4~q34
" .
AUG. -03' 98(MON) 16:24
HOLLAND&4itGHTSTPETE
TEL: 813 8'7566
P. 005
A,fPROV AL OF CLOSING STATEMENT
Seller and Buyer hereby approve this Closing Statement and authorize the Closing Agent to
disburse in accordance with these terms.
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF
CLEARWATER, FLORIDA,
a public body corporate and
politic of.the State of Florida
By:r~
Name: Rco he.;
Title: f) ire. c-f t!? r
,....
INFORMATION MANAGEMENT RESOURCES,
lNC., a Florida corporation
By: ~1It. ~
Name: KoA~ JI;1. Jl.iaNoc:..
Title: J/;o
"Buyer"
, - .
A'.n'ESI . - -. . .
~ .- -. .','
:~~.:C\;W;:,;;:{~-4 . 0 .
Ni;:jC~I'1'~I'et T;ot)d~~;;-
Trile~ Ct'fCr:'C(is-t" ~
m4;mnn:
Pamela K .;. City Attorney
" Seller"
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LAW OFFICES OF
HILL, WARD & HENDERSON
August 3, 1998
.JOHN L. HOLCOMB
CHARLENE EDWARDS HONEYWELL
STEPHEN M. HUDOBA
TI MOTHY A. HUNT
.JONATHAN P. .JENNEWEIN
LARA L. .JONES
W. HAMPTON KEEN
DAVID L. KlAN
DAVID T. KNIGHT
ANDREW.J. LUBRANO
DOUGLAS P. MCCLURG
BRETT .J. PRESTON
R. .JAMES ROBBINS, .JR.
W. LAWRENCE SMITH
STEPHEN B. STRASKE IT
.JEANNE TRUOEAU TATE
DAVID R. TYRRELL
DENNIS P. WAGGONER
DAVID E. WARD. .JR.
D. KEITH WICKENDEN
DANELLE DYKES BARKSDALE
THOMAS W. BLACK
MARIE ATTAWAY BORLAND
GREGORY P. BROWN
R. SCOTT BROWN
MICHAEL P. BRUNDAGE
CONNOLLY CLARK MCARTHUR
SCOTT W. DrBBS
S. KATH'ER1NE FRAZIER
DONNA .J. FUDGE
TROY A. FUHRMAN
ROBERT M. FULTON
MARTIN L. GARCIA
.JONATHAN S, GILBERT
ROBERT B. GOUGH, ill
.JOHN B. GRANOOFF. ill
WILLIAM C. GUERRANT. .JR.
liNDA D. HARTLEY
THOMAS N. HENOERSON, ill
BENJAMIN H. HILL.lH
PROFESSIONAL ASSOCIATION
SUITE 3700 . BARNETT PLAZA
101 EAST KENNEDY BOULEVARO
TAMPA, FLORIDA 33602
(813) 221-3900
TELECOPIER (813) 221-2900
MAILING ADDRESS
POST OFFICE Box 2231
TAMPA. FLORIDA 33601
Homer Duvall, III, Esquire
Holland & Knight, LLP
One Progress Plaza
200 Central Avenue, Suite 1600
St. Petersburg, Florida 33701
VIA TELECOPY
Re: Sale from Community Redevelopment Agency of the City of Clearwater ("Seller")
to Information Management Resources,' Inc. ("Buyer")
Our File No. 47700-002
Dear Homer:
As you know, our firm is representing the Buyer with regard to the matter referenced above.
You have received under separate cover the following documents which have been signed by the
Buyer in preparation for closing of this transaction (the "Buyer's Closing Documents"):
1. Drainage Easement Agreement
2. Temporary Ingress and Egress and Utility Easement Agreement
3. Perpetual Use Easement Agreement and Grant of Purchase Right
4. Ingress and Egress and Utility Easement Agreement
5. Certificate re: representations and warranties
6. . Acknowledgment of and Agreement on Infrastructure Schedule
7. Acknowledgment of and Agreement on Construction Schedule for Phase I of the
Global Center Project
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Homer Duvall, III, Esquire
Holland & Knight, LLP
August 3, 1998
'.Page 2
8. Acknowledgment of and Agreement on Phase I Global Center Project Plans and
Specifications
9. Acknowledgment of and Agreement on Infrastructure Improvements Plans and
Specifications
10. Memorandum Agreement for Development and Disposition of Property
12. Closing Statement
The Buyer will be wiring directly to your trust account the sum of $1,504,489.34 as
referenced on the attached Closing Statement (the "Closing Funds"). The Buyer's Closing
Documents and the C~osing Funds are being delivered to you in escrow, as Closing Agent, in
connection with the purchase by the Buyer of certain real property more particularly described in
Commonwealth Land Title Insurance Company Commitment No.864-120244 (the "Commitment").
I would ask that you hold the Buyer's Closing Documents and Closing Funds pending the
satisfaction of the following requirements:
1. . You have confirmed that all documents required to be executed by the Seller in
connection with the closing of the subject transaction (the "Seller's Closing
Documents") have been delivered to you and have been properly executed, witnessed,
and notarized, and that all exhibits (including legal descriptions acceptable to both of
us) have been appended to the Buyer's Closing Documents and Seller's Closing
Documents,
2. We have agreed upon an endorsed or "marked-up" Commitment in form and
substance satisfactory to Buyer and Commonwealth Land Title Insurance Company,
and that you are in a position to issue, pending the actual disbursement of the Closing
Funds, the title insurance policy to the Buyer in form identical to the endorsed or
"marked-up" Commitment upon which we have agreed within thirty (30) days after
the date of closing.
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Homer Duvall, ill, Esquire
Holland & Knight, LLP
August 3, 1998
,Page 3
3. We have obtained a letter from GTE satisfactory to the Buyer and the Seller
confirming the eventual removal of the existing GTE cables upon the subject property.
Upon the satisfaction o( all of the above requirements and upon telephonic notice from the
undersigned, you will proceed as follows:
1. Disburse the Closing Funds in accordance with the closing statement attached hereto
as Exhibit A.
2. Record the documents necessary to satisfy the requirements of the Commitment and
closing.
You must forward to us by telecopier copies of the fully executed Speciai Warranty Deed
and Closing Statement. We will also require that copies of the executed dosing documents be
forwarded to us via federal express or hand delivery the first business day following the closing
together with the original endorsed or "marked-up" Commitment.
If, for any reason, the conditions for closing as set forth in this letter cannot be completed on
or before Tuesday, August 4, 1998, you are instructed to notify this law firm for further instructions.
We will instruct you to either continue to hold the Buyer's Closing Documents and the Closing Funds
pending the dosing or to return the Buyer's Closing Documents to our office and the Closing Funds
to the Buyer.
If you have any questions at any time regarding your instructions with regard to this matter,
please contact me at 813-227-8404. Please acknowledge your consent with the terms hereof by
signing your counterpart of our letter and returning it to us by telecopier.
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Homer Duvall, III, Esquire
Holland & Knight, LLP
August 3, 1998
Page 4
Sincerely,
mLL, WARD & HENDERSON, P.A.
~ .....,//
,J,:-. /~
Acknowledged and agreed t
R. James Robbins, Jr.
of August, 1998.
HOLLAND & KNIGHT, LLP
By: 7-!?)~ II~
Name: HolM -e ~ 'D",,, ~ \ \ ,'ill:
Title: A 44cy\'\t 1 ~V' COV"'M~' H
"'Re de.v lOf~~~ 4~"'r'\L'f
u\. t'ht-Qj o~c.l!.a,(,w2.l-e.1J t-'IOl'Id..a...
RJR/jjo
Enclosures
cc: A.N. Justice (via telecopier)
Robert Molsick (via telecopier)
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EXHIBIT A
CLOSING STATEMENT
SELLER:
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF CLEARWATER, FLORIDA
BUYER:
INFORMATION MANAGEMENT RESOURCES, INC" a Florida
corporation
CLOSING AGENT:
HOLLAND & KNIGHT, LLP
DATE OF CLOSING:
JULY 31, 1998
PROPERTY
LOCATION:
100 SOUTH MISSOURI AVE.
CLEARW A TER, FLORIDA
A
Due Seller
B
Due Buyer
Purchase Price
$1,493,056.00
Deposit
$
.00
Reimbursement for Buyer's costs
for environmental matters with
respect to the Project Site for
the following:
(i) Enviro Assessments, Inc.
$ 5,000.00
(ii) Frank & Grambling
$38,099.59
(iii) Hill, Ward & Henderson, P.A.
$ 8,276.75
$
51,376.34
TOTALS
$1 493.056.00
$
51.376.34
Cash Balance Due from
Buyer (Column II A"
less Column "B")
$1 441.679.66
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SELLER'S EXPENSES
Due Clerk of the Circuit Court: $ 10,724.50
Documentary Stamps on
Special Warranty Deed $10,451. 70
,- Recording Fee for Special Warranty
Deed $15.00 (3 pgs.)
Recording Fee for Memo Agreement for
Development and Disposition of Property
$24.00 (5 pgs.)
Documentary Stamps on
Ingress/Egress Easement $0.70
Recording Fee for Temporary Ingress/Egress
Easement $51.00 (11 pgs.).
Documentary Stamps on
Perpetual Use Agreement Easement $0.70
Recording Fee for Perpetual Use Agreement
Easement $69.00 (15 pgs)
Documentary Stamps on
Drainage Easement $0.70
Recording Fee for Drainage
Easement $55,50 (12 pgs.)
Documentary Stamps on Ingress/Egress
Utility Easement Agreement $0.70
Recording Fee for Ingress/Egress Utility
Easement Agreement $55.50 (12 pgs.)
Due Holland & Knight LLP, as Agent for $ 6,657.00
Commonwealth Land Title Insurance Company:
Owner's policy in the amount of
purchase price $6,557.00
Contiguity Endorsement $100.00
Due to Commonwealth Land Title Insurance Company: $ 800.00
Search Fee
Due to Evans Land Surveying, Inc.: $ 1,710.00
Survey Costs
Jmpact Fees as required by 7.10 (a)(2) of
the Developer's Agreement: $ P.O.C,
Site Plan Review Fees, Building Permit
Fees, etc.Impact Fees as required by 7.10 (a)(2) of
the Developer's Agreement: $ P.D.C.
Application/Permits/lmpact Fees, etc.
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for Infrastructure Improvements as required
by 3,04(c) of the Developer's Agreement:
$
P.O.C.
TOT AL EXPENSES OF SELLER
$
19 891 50
BUYER'S EXPENSES
Due Hill, Ward & Henderson, P,A. $ 18,018.00
as Agent for Commonwealth Land
Title Insurance Company:
Endorsement to Owner's Policy increasing
policy amount to $7,500,000.00
Due Justice Corporation $ 44791 68
Brokerage Commission
TOTAL EXPENSES FOR BUYER $ 62.809.68
SELLER'S SUMMARY
Cash Balance due from Buyer $ . 1,441,679.66
Less: Total. Seller's Expenses $ 19891 50
NET CASH DUE TO SELLER $ 1421788.16
BUYER'S SUMMARY
Cash balance due from Buyer $ 1,441,679.66
Plus: Total Buyer's Expenses $ 62.809.68
TOT AL DUE FROM BUYER $ 1.504489 34
, ,
JUL. - 30'. 981THUI 08, 22 HOLLANDI GHTSTPETE
FROM HILL WARD HENDERSON
TEL: 813 823 7566 P.007
(TUE) 7. 28' 98 17: 521. 17: 49/NO. 4260294421 P 6
6aCKNOWI.DCr.g:NT 0' AND A.G~E.MENT ON
l)IASE I Gl--nRAI, CENTER PROBeI' PLANS
AND SPXcmCATIONS
In accordance with Section 7,lO(b)(J) of the Asreement for the Development and
Disposition ofProl*tY by and between Community RedeveJopment Agency of the City of
Clearwater. Florida (the "Aaency") and lftformation Management Ilesou1'cea, Inc, (the
"Developer") dated as oflune 18, 1998. the undcnigncd hereby aeknowledge and agree that
Phase I of the Global Center Projec.t !'Iam and SpoQt1cations u Ustcd on Exhibit A attached
hereto have beenapprovcd by the Agewt:y and the Oc-ieJoper.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEAIlWATiR,FLORlDA., a
public body corporate and "otitic ofthe State of
Florida
By:
Approved u to torm:
ATTEST:
By:
- .....--
, City Attomey
INFOIlMATION MANAGEMENT RESOURCES, INC.,
a Florida corporation
By:
Name:
Title:
(Corporat~ Scal)
P:\WP61\WOJU(\R.JRWmCI\1Mll\ACQlOW\,.t.no2
.
F:IWP61IWORK\RJRIJUSTlCEIlMRIACKNOWLE.D02
.
INFORMATION MANAGEMENT RESOURCES, INC.,
a Florida corporation
b!k.~
By:
Name: RoAe-2.T M. M045.LcJC-
Title: j/;o ~ ~
(Corporate Seal)
~'_. ::- ;:~~ ~
"~ --
_.~
L.":
A.'
-:.- *2
.oJ.. ?o
"'-4
~-!l
.t..o
.t. - -:
'::'-8
A.~
A.O
A."
A-l;'
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.::. -I.:
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EXHIBIT A
Global Center Project Plans and Specifications-Phase I
INDEX OF DRAWINc;5
Co&
COY'E~ Si-lEET
COY'E~ &IolEET
CEr10L.''!'IO"-/ ~=' E~O&ICN COt-.T~CL. P...A'"
IoJORIZONT Al- COI"lT~OL. F_.A'"
~A'""....u. G~:>INCs AN':; ='~AI"AGE PL..:JI.
... rJL.ITY PL"-N
PA"'INC., GRADI"a: A"D O~IN..:.caE Pl-A'"
r115CEL.L.ANEOUS. :>ETA'LS
UTILITY ='ET AI_S
~
4
~
"
,
e.
L. -I
L...o.r...DS::::..o.FE SITE C'L...o."
='ET AI_5 . NOTE&
1~~IC..c.TICN PL.~
I~R :;aA- ~ DET AIL.S "'NI:- NOTES
--~
"'~C~.HTEC-lJCC'::'L. SITE F_.olN
FL.COR CLA"'- - L.E......EL. .
~EFL.ECTE[;. CEIL.I"lC, cL.~ . L.EvEL .
~LOC~ FLAN - L.E vEL ~
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~CC"" FI"I'S~ S::::~EDUL.E .AN:; DOC~ S::::I-IECU_E
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='ET AI_S
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5'.: =CUND~TON FL'::"~
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!, .: RCC= =R":'MiNC: F~.AN
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&~T..:.Ry ~15ER5 &CHECULES, ::;:T.4I_& A",c NOTE5
L.EvEL. 1 =LOC~ cL.":'N - FiRE F~CTECi.O"-/
L.E',I'E_ j F_CCR p~..:.", . F'RE FRCTECTIO"'-
LEvE_ 3 FLCCR =_A~ . !=IRE FROTECTI"",
=ET"'IL& At\::> :-.JOTES - F'R: F~CTEC-O\j
PI-ASE r 51-E C>L. AN
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L..G-mNa . L.EvE~ I
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EXHIBIT A
Global Center Project Plans and Specifications-Phase I
INDEX OF DRAWING5
cs.
COYE~ ~EET
COvE~ S~EET
CEI"10LI'!'10"-I At\::> E~05ICN COt-tTIiO!CL. PL-A'I
I-lCRIZONT':'L- CONT~OL. F_A'"
~A""I"'4G. G~::>INc:iI AN= ::>QAI"AGE PL~
l..TILITY PLAN
PA-.'I"'G.. G.R.:.DI"Ci: A"D D~IN~E PL-A",
I"1I&cEl.LANEOUS. :>ET "'LS
UTIL.ITY ::>:T .o.1_S
.
!
4
~
"
,
e.
L -I
LAl\DSCAFE SITE cl.A"
::>ET .0.1_& . NOTES
IlOi2"IC..t.TI~ PL~
I~R ::'aA. ~ DETAIL.S ANt:. NOTES
--~
--~
L-O:
A.'
AIiO!CI-lITEC-UQAL &ITE F_":'N
F:"CO~ -=>LA" - l.EvEL '
~EFL.ECTEC' CEILI"IU I:>L,4N . l.EvEL .
~LOClOi2 PLAN . 1.E vEL ::
~~:"ECTE:; CEI~I"C: PL.A' - lEv'E~ ::
FL.~ PL.AN . 1.EV!:. 3
REF_==TE= CEIL-I"'::::' P;"":'N _EvEL.:.
~COF1LEvEL 04 Pl..A"
~CC'1 FI"'.SI-i SC../EDUL.E ~"l:; DOC~ &Co.IECU_E
=xT:RICR ELE',I'ATIO"l - E"'S.- ~~ J.iE&T
:XTEQICR ELE....A-JC\J5 . NORT../ ~~ 5C\r+4
-'~LL &ECTICNS
-'ALL SECTICNS A'ID 5T .:.:~ 5E="'IQto.,~
UJ.4LL SECTIQ!\.=
''''TERICR ElE....~TONS
:;ET AI.;'
so.: :::;=NE~...:._ NCTES
5': =CUND':'TiON FL'::'~
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_E.V'E_ 3 . 5-0Rt": DR":'I"l
S..:.NTARY ~15ERS SC","ECULEe, ::;:T.a./_= .A"c NOTES
LEvEL 1 =LOCR CLAN - Fi~E F~CTECTO'l
LE',(E_ j F_COR F~A'" - F'RE FRCTECTI~
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L-1Ca...TING - L.EvEL ~
Llu"'T'NG - LEvEL .::
FOu.e~ - _EVE_ I
FOu..e~ - _EVE_ ::
I:>OI...:R . LEVEL 3
CC'M"1L.NJCATI~5 . LEVEL I
CCM-1:.J1'\'C.G.-'o-/S - _E-.'EL ~
CCI'""'M..Jto...; C.a..'C"ol5 . _EvEL .::
!RO~ PLAN
E".O SC"'EDULES
='.' SC+4EDU_:S
JUL. -30'.98 (THU) 08:23 HOLLANDIGHTSTPETE
FROM HILL WARD HENDERSON
TEL: 813 ~ 7566 P.009
(TUE) 7. 28' 98 17: 52~. 17: 49/NO. 4260294421 P 3
ACICN'OwtpGM2NT QF AND Ac.nEMEN'r ON
CPNSTRUQ'JON k~lnr.qULE.I'OR PlJA,SE I Qr THE
GLOBA.~. ~NTER PROJECT
In accordance with Section 7.10(a)(3) and 7.1O(b)(6) of the Agreement for the
Development and Dilpolition of Property by and between Community Redevelopment Agency of
the City of Clearwater, ltorida (the "Aaency") and Inthnnarion Manaaement Re<<ouroes, Ine, (the
"Developer") dated as of June 18, 1998. the undersigned hereby acknowledse and agree that the
Construction Schedule and milestones for development ofPbue I of the Global Center Project
Plans and Specifications attached hereto as Exhibit A have been &pproved by the Agency and the
Developer.
COMMUNTTY REDEVELOPMENT AGENCY
OF TKE CITY OF CLEARWATER, FLORIDA, a
public body corporate and politic ot'the State of
Florida
Br.A:~
Name: Ri ta Gar
Title: Chalrman, CRA
. n, City Attorney
ATTEST:
Br. ~'-\L L Jid~~
N e:~~~l~"E. . . ~~.
Ti e: e:~1 ,~\.~~~.._
IN'f'ORMATION MANAGEMEN1' RESOURCES, "INC.,
a Florida corporation
By:
Name;
Titl.:
(Corporate Seal)
1l:\wP61\WOU\lUJl\JUST1CWMJt\AC1CNO\VU.D03
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F:\WP61 \WORK\RJRIJUSTlCE\lMR\ACKNOWLE.OO3
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INFORMATION MANAGEMENT RESOURCES, INC.,
a Florida corporation
By:
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Title:
kjJ(~
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~~A-
(Corporate Seal)
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Clearwater. Florida
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JUL. -30.' 981THU) 08:23 HOLLAND&iGHTSTPETE
FROM H1LL WARD HENDERSON
TEL: 813 8A 7566 P.008
(TUE) 7. 28' 98 17: 52i! 17: 49/NO 4260294421: '1
ACKNOWl.I!bCMENT OF AND AGREEMENT
ON 1NPRA..n1l1TrTfm~ lMPRnVUttNT1."UNS
AD SPECQ:JCA TlONS
In accordance with Secdon 7.10(a)(3) IIld 7.10 (b) (S) of the Agreement for the
Development and Dilposition of'Propeny by and between Community Redevelopment Agcn~y of
the City otClcarwater. Florida (the "Agency") and Infonmtion Manqemen[ Resources, Inc, (the
"Developer'') dated as of June 18, 1998, the undersigned hereby aCknowlodge and agree that the
Infrastructure Improvements Plans and Specmeations as listed on ~xhibit A attached hereto have
been approved by the Alency and the Developer.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEAllW A TER.. FLORIDA, a
public body coflJorate and politic of the State of
Florida
BY:~~
Title: Chairman, CRA
ATTEST:
By:
. City Attorney
INFORMATION MANAGEMENT RESOURCBS, INC.,
a flcrtc1a corporation
By:
Name:
Title;__
(CorpoIille Seal)
F:'WJl61\WCWt\lJlWS~\ACIQlOWLi.OOC
.
F:\WP61 \WORK\RJRIJUSTICE\1MR\ACKNOWLE.DOC
.
INFORMATION MANAGEMENT RESOURCES, me.,
a Florida corporation
By:
Name:
Title:
bIH. ~
~8t:!~ J(.1. #loc.'\lc.IC-
J/P
(Corporate Seal)
e
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EXHIBIT A
INFRASTRUCTURE IMPROVEMENT PLANS AND SPECIF1CATIONS
n Il':V1O ....NnlMr~~nl1RIITPGR...nJ:
Within the Cleveland Street riJht-of-way it will be DeCesaary to obtain & P1ori.da Depanment of
Tl'ImpOrtation Permit to ~ IOme ofthc ~ on the lOuth aide of the Clcve~ Street ro.dway.
Tbe COIIItnx:tion of1bia curb will il!limi"Att tboH areas which were fonnaJly UMd to provide roedway ICCeM
OD to tho 910.,erty from Clevellnd Street. The City of CI~ will be raponsible for o1Mainia, the
permit and CODBtructiDS the new curb.
Wort within the Missouri Avenue right-of-way includesrestripinS of the northbound l'toraIe lano at the
fbture main ctnIDce to the IMR Global Cmter. The Striping Plan will be prepared ill accordanee with the
ItIndards of the City ofCICCW8ter, and the restriping construction work will be completed by the City of
Clcarwat='.
OVRRJI'F.... n lJTJT .ITTF~
Ther-e arc overhead utilities within both the Missouri Aven~ and Madison Avenue rights-ot-way. The City
of Clearwater will be responsible for payment to the Florida Power Corporation tor the first S 180,000 of
construction cost to bury these utilities in Missouri Avenue and/or Madison Avenue. The portion of the
utilities to be buried will be determined solely by Information Management ResolD'Ces, Inc.
OFF-SITF FIl"T. MATFRIAT.
i I
Approximately 4,800 to 5,000 cu. yd.!. offill material will be transported to the site. This fill material will
be obtained from the proposed mention ponds to be constn.lc~ within the vicinity of the intcnection of
Madison Avenue and Gould Street that will receive runotrfrom the IMR Global Center. Tnnsportation of
fill material to the lite will be the recponsibility of the City of Clearwater. The fill material will be placed
II Jocationa specified by the general contl3ctor.
MADISON/GOULD UPGRADE
The roadway and sidewalk in the Madison Avenue right-of-way between Cleveland Street and
Gould Street will be upgraded and reconstructed in accordance with the Cross Section Plans
attached hereto. Further, the roadway and sidewalk in the Gould Street right-of-way between
Madison Avenue and Missouri Avenue will be upgraded and reconstructed in accordance with the
Cross Section Plans attached hereto, Such upgrades shall be undertaken by and at the expense of
the City of Clearwater.
Page 1 of 3 pages
e
e
CITY ANNEX OFFSITE DETENTION AREA
Construction Plana:
Sheet 1 . CoVei' Sheet
Sheet 2 . CoDSbUCtion Plan
Sheet 3 . Delatl Sheet
Permits:
SWFWMD Standard General Permit No. 4417951.00
Note: contract documents and technical specifications not prepared by FDC for City
Page 2 of 3 pages
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Slope 1/4- per foot
J4'
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S
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AREA
r t
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AREA
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Bu. cour.e
.
. .
SUBECT TO RIGHT CJ= WAY CONSTRAINlS
TYPICAL SEC110N
N.T.S.
tHIS TYPICAL SECTION IS PROPOSED ON MADISON AVENUE BETWEEN CL~ SlREEl AND
A POINT APPROXIMAm Y 280 FEET NORlH Of" GOULD STREET. 'M-fERE MADISON A'f'ENUE W1U
TRANSlllON INTO A TWO-lANE CROSS SECllON.
THIS n'PICAl SECTION IS PROPOSID ON GOULD STREET BETWEEN MISSOURI A~UE AND A
POINT APPROXlWAlRV 250 FEET EAST or MADISON AVENUE. WHERE GOOLD SlREET
WIll TRANSITION INTO A nw-LANE CROSS SECTION.
I
e.
JUL. - 3Q' 98 (THU) 08: 23 HOLLAND&KN I GHTSTPETE
e
FROM HILL WARD HENDERSON
TEL:813 823 7566 P.OI0
ITUE} 7. 28' 98 17: 52! 17: 49/NO. 426029442l F' 9
AClCNO\VI.1r.DCiM2NT OF AND ~EDfENT ON
INFIlASTRlJc-lulll: SClmDULE
In accordance with SlCticn 7.10(aX3) aDd 7.1O(b)(S) of the Asreement for the
Development and DilpOlition ofPropcny by 8I1d between Community R.edevelopment Agency of
the City of Clearwater. Florida (the RAaonoy_) and Infbrmation Managom..t kesources, Inc. (the
"Deve1operU) dated II oflune 18, 1998. the undmigned hereby ac:lcJ1ow1edge and agree that the
Infrutruoture SGbodulc attaohed hereto 1$ P.xhibit A has been approved by the Agency and the
Developer.
COMMUNlTY REDEVELOPMENT AGENCY
OF THE C1TY OF CLBAllWATER., FLORIDA, a
public body cOrl'OJ'lte and politic of the State of
Florida
By:
Rita Garv;
Chairman, CRA
ATfE~T:
By:
-
~ Vl~lC\.. E .G.o~ <2~
~~ . C'Joll \I L
INFQRMATTONMANAGJiMENT R.hSQUACBS, me..
a Florida wtporation
By:
Name;
Title;_
(Corporate SeaJ)
F;\WNI\WOJOOJUR\llJSTICE\JUR\.4CICNOwu. D04
e
.
INFORMATION MANAGEMENT RESOURCES, INC.,
a Florida corporation
By:
Name:
Title:
A ;Jt.Ift.&;d
1f'CRG"I<T ;11. Jt(ot.5..l<:JC.
p/fJ - eRJ
~.
(Corporate Seal)
F:\WP61 \WORK\RJRIJUSTICEIIMR\ACKNOWLE.D04
FROM HI~L, WARD, HANDERSON, P. A. ~
(THU) 8. 6' 98 16:W1 15:49 'NO. 4260294155 - 2
IMR GLOBAL CENTER.
INli'RASTRUCTURE IMPROVEMENT SCHEDULE
ITEM COW'LETrON DATE'
OFr-$~ ST01U4)V ATER
Transport 2000 cu. yd. :tlll to lMR Site August 17, 1998
Complete fill1:ra1:lsport to IMR. Site September 1. 1998
Pond Ready for lMR Site Runoff December 1. 1998
Complete Construction April 1, 1999
MADISON & GOULD IMPROVEMENTS.
Widening &. Sidewalk Construction June 1, 1999
UTILITIBS
Hydrant Meter for Construction Water July 31, 1998
Potable Water Sys1cm Taps September I, 1998
Sanitary Sewer Connections September 1, 1998
CLEVELAND S'I"RmIT
Curb Cut Closures May I, 1999
MISSOURI A VENUE.
Lane Rest:rlpmg June 1, 1999
· Gould Street widening subject to rieht-of-way aCQUisition
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CERTIFICA TE
The undersigned hereby confirms that the covenants, representations and warranties set
forth in Section 11.01, 11.02 of the Agreement for Development and Disposition of Property by
and between Community Redevelopment Agency of The City of Clearwater, Florida and
Information Management Resources, Inc. dated as of June 18, 1998, are true and correct as of the
31st day of July, 1998.
INFORMATION MANAGEMENT RESOURCES, INC.,
a Florida corporation
By ~.~
Name: ~~ K(. loUOL&tc./C-
-~......~..----
.....,_. ~~. ---.
-~~'. --
-
~
(Corporate Seal)
F:\WP61 \WORK\RJR\JUSTICE\IMR\CERT.D02
JUL. -30'.98lTHU) 08: 22 HOLLAND&KN I GHTSTPETE
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FROM HILL WARD HENDERSON
TEL: 813 8.7566 P.005
(TUE) 7. 28' 98 17: 51/8T. 17: 49/NO. 4260294421 P 4
CERTIFICA TE
The undersigned hermy confirms that the covenants, repreSOfttations and warranties. set
forth in Socbon 7.16, 12.01 and 12.02 of the Agreement for Development and Disposition of
Property by and between Community Redevelopment Agency of The City ofClcanvater, Florida
and Information ManaSement Resources. tne, dated as of lune 18. 1998. are we and corTect as
of'the 315t day of July. 1998.
Approved as to form:
fJ ~Jtp
Pamela l(, Akin. City Attorney
l':\WPOI\WOIUt'IIJ1t\J\lt'nCINNI"r.i:R'r~
COMMUNITY REDEVBLOPMENT AGENCY
OP mE CITY OF CLEARWATER, FLORIDA, a
public body corporate and politic of the State of
Florida
By:
By:
.
.
,1"",
."~~~Lo; '";'''
\.~~ll""""-~;--
,,""..\tl. " ~"".......~--:.
.'.~..' '.\ ll.,.;t-~. ~ ~..
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"1""
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
Crr.. HALL, 112 SOL'TH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHO"E (813) 562-40.iQ En (813) 562-4052
-
COMMUNITY REDEVELOPMENT
AGENCY
July 30, 1998
Homer Duvall, III, Esquire
Holland & Knight, LLP
One Progress Plaza
200 Central Avenue, Suite 1600
St. Petersburg, Florida 33701
Re: CRAlIMR Closing Scheduled for July 31,1998
Dear Mr, Duvall:
This letter will confirm that the covenants, warranties and representations set forth in
the Agreement for Development and Disposition of Property dated June 18, 1998
between the Community Redevelopment Agency of the City of Clearwater and
Information Management Resources, Inc, are true and correct as of the closing date set
forth above,
Community Redevelopment Agency
BY~eh
Chairman
ONE CITY. ONE FUTURE.
*
"EQUAL EMPLOYMENT A1'-IO AFFIRMATIVE ACTION EMPLOYER"
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AFFIDAVIT REGARDING UNRECORDED LEASES
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority duly authorized to administer oaths,
personally appeared 2.,q...L ~A(le:tj- ("Affiant"), who being first duly
sworn did state as follows:
1. My name is ?"Al2..{ ~fUZ.~
knowledge of the matters herein related,
, and I have personal
2, I am employed by the City of Clearwater, Florida as its R~c. &n~ tp
Se.a.v\c..e~ ~~~eo
3. The Community Redevelopment Agency of the City of Clearwater, Florida,
a municipal corporation ("Owner"), is the fee simple title holder to certain real property
(hereinafter "Property") lying, being and situate in Pinellas County, Florida, and being
more particularly described in Exhibit "A" attached hereto and made a part hereof.
4. The Property is not subject to any leases, recorded or unrecorded, and all
leases previously affecting the Property, including, without limitation: (i) that certain
Lease Agreement dated September 24, 1996 between Owner, as Lessor, and Jolly
Trolley Transportation of Clearwater, Inc" as Lessee, which was duly terminated by
notice dated :rAN~~ l~) , 1998, and received by the Lessee on or about
.j,qN~ I~ ' 19 8, In accordance wIth saId Lease Agreement ; and (11) that
certain ease Agreement dated June 7, 1994, between Owner, as Lessor, and Stone
Buick, Inc., as Lessee, as amended by that certain First Amendment to Lease
Agreement dated July 22, 1996 between said parties, which Lease Agreement as
amended was duly terminated by notice dated January 13, 1998, and received by the
Lessee on or about January 15, 1998;.
5. The Lease Agreements identified in paragraph 4 above have been duly
terminated, and there are no tenants currently in possession of, or claiming rights to
possession of, the property,
. 6. The Affiant is authorized and empowered by and on behalf of Owner to
deliver this Affidavit.
7. This Affidavit is made and given by Affiant with full knowledge of the
applicable Florida laws regarding perjury and sworn statements, and the penalties and
liabilities resulting from false statements and misrepresentations contained therein, and
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is given to induce Commonwealth Land Title Insurance Company to issue its policy(ies)
of title insurance insuring title to the land described in EXHIBIT itA, II without exception
or regard to the Lease Agreements or to the rights or interests of the Lessees identified
in paragraph 4 above.
~~
Printed Name: d- 8-1""",;-
SWORN TO AND SUE.SQRIBE.p 91fore me this 9"l)t: day of
, 1998, by ~~~ L- ~fJZ~ If who is ersonall kno or who
presented A/ 11'7 , as identification.
,
V:1,tl4-. /JJ. 4~;t<<:.-
(please sign your name above' and Print it below)
(NOTA
A S
NEVAMPAYNE
NOfARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC505946
MY COMMISSION EXP. NOV. 15,1999
)I//~ ~! It / "'(. jJ 11 V;t! ,:..
NOTARY PUBLIC IN AND FOR
THE STATE OF FLORIDA
My commission expires:
/I / /5' /19
! I
My commission number:
~ C!..'Jo.1 C}ijf::,
STP,210875
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EXHIBIT "A"
(attacbed to Aflidavit RegardiDg Unrecorded LeasM)
A portion of the following described tract: Lots 14 through 39, inclusive, of
CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99, of the Public Records
of Hillsborough County, Florida (of which Pinellas County was formerly a part); Lots
1. through 21, inclusive, of JANIE DANIEL'S SUBDIVISION as recorded in Plat Book
5, Page 23 of the Public Records of Pinellas County, Florida; Unsubdivided Lot 1 (less
that portion of said unsubdivided Lot 1, which has been resubdivided as JANIE
DANIEL'S SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
P ADG ETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the Public Records
of Pinellas County, Florida; together with all vacated rights-of-way between the above
lots and subdivisions; LESS AND EXCEPT the existing rights-of-ways of record for
Cleveland Street and Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
Lot 5) of the aforementioned Revised Map of RH. PADGETT'S
SUBDIVISION as a Point of Beginning, thence N89011'57"W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot 5) of said subdivision a distance of 603.22 feet to an intersection with
the Easterly right-of-way line of Madison Avenue; thence NOoo01'44"W,
along said Easterly right-of-way, (also being the Westerly boundary of
unsubdivided Lot 4 of the REVISED MAP OF RH. PADGETT'S
SUBDIVISION, and the Westerly boundary of Lots 4-9 of JANIE
DANIEL'S SUBDIVISION as recorded in Plat Book 5, Page 23 of the
Public Records of Pin ell as County, Florida) a distance of662.65 feet to the
Northwest corner of Lot 4 of said JANIE DANIEL'S SUBDIVISION;
thence S890 13' 41 "E along the North boundary of said Lot 4 a distance of
6.25 feet to an intersection with the Southwest corner of Lot 36 of
CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida, of which Pinellas County
was formerly a part; thence NOoo01'44'W along the Westerly boundary
of said CLEARWATER HEIGHTS (being also the Easterly right-of-way
line of Madison Avenue) for a distance of 363.93 feet to an intersection
with the Southerly right-of-way of Cleveland Street; thence S89041'48"E
along said right-of-way for a distance of 602,06 feet to an intersection
with the Westerly right-of-way of Missouri Avenue (being 44 feet Westerly
of the East line of the Northwest 1/4 of Section 15, Township 29 South,
Range 15 East); thenceSOOo03'52"E along said Westerly right-of-way, a
distance of 1031.81 feet to an intersection with the Easterly projection of
the Northerly boundary of Lots 2 through 13, Block 5 (also known as
subdivided Lot 5), of said REVISED MAP OF RH. PADGETT'S
SUBDIVISION, thence N890 11'57'W along said projection 5.80 feet to the
Point of Beginning.
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AFFIDAVIT REGARDING PRIVATE ROAD EASEMENT
STATE OF FLORIDA
COUNTY OF PINELLAS
BEF~E, the undersigned authority, personally appeared ~L
~~ (the "Affiant"), who being first duly sworn did depose and state:
1.
Affiant has personal knowledge of all matters set forth in this affidavit.
2.
~.
Affiant is employed by the City of Clearwater, Florida as its ReAL &TA.1i..
3. The Community Redevelopment Agency of the City of Clearwater, Florida
a municipal corporation ("Owner") is the fee simple title holder to certain real property
(hereinafter iIProperty") lying, being and situate in Pinellas County, Florida, and being
more particularly described on Exhibit "A" attached hereto and made a part hereof by
this reference.
. 4. The tax records of the Pinellas County Property Appraiser show a certain
portion of the Property is affected by a private road easement, as shown and depicted
on the Pinellas County Property Appraiser's tax map, of that portion of the Property
lying within Lot 1 (LESS JANIE DANIELS SUBDIVISION) of the REVISED MAP OF
RH. PADGETT'S SUBDIVISION, as filed in Plat Book 4, Page 32 of the Public
Records of Pinellas County, Florida (the "Private Road Easement").
5. To the Affiant's knowledge, the City of Clearwater has never received and
accepted a dedication of the Private Road Easement to public use for a road or street.
6. To the Affiant's knowledge the City of Clearwater has never granted the
Private Road Easement for public use for pedestrian or vehicular traffic.
7. The Private Road Easement is currently posted to indicate that it is a
private right-of-way,
8. The Affiant is unaware of any claims by any person or entity of any public
or private rights in the Private Road Easement, other than the rights and claims of the
Owner.
9. The Affiant is authorized and empowered by and on behalf of Owner to
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deliver this Affidavit.
10. This Affidavit is made and given by Affiant with full knowledge of the
applicable Florida laws regarding perjury and sworn statements, and the penalties and
liabilities resulting from false statements and misrepresentations contained therein, and
is given to induce Commonwealth Land Title Insurance Company to issue its policy(ies)
of title insurance insuring title to the land described in EXHIBIT "A," without exception
or regard to the Private Road Easement.
tC~~
SWORN TO AND SUBS~IBED before me this .;t3 ~ day of .Jt.<.'1 '
1998, by Z A(I. (- ~ , who is personally known to me, or who has
produced N A , as identification.
OFFICIAL ARY
NEVA M PAYNE
NarARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC505946
MY COMMISSION EXP. NOV. 15,1999
(N otary ea
. fbL<L, 7n I A~fr--L- (;1/ E- till /r1. jJ II Y /1/0
NOTARY PUBLIC fN AND FOR THE
STATE OF FLORIDA
My commission expires: /1/1'5/91
STP-21 0867.3
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EXHIBIT "A"
(attacbed to .Affidavit RegardiDg Private Road E9-nAnt.)
A portion of the following described tract: Lots 14 through 39, inclusive, of
CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99, of the Public Records
of Hillsborough County, Florida (of which Pinellas County was formerly a part); Lots
1 through 21, inclusive, of JANIE DANIEL'S SUBDIVISION as recorded in Plat Book
5, Page 23 of the Public Records of Pinellas County, Florida; U nsubdivided Lot 1 (less
that portion of said unsubdivided Lot 1, which has been resubdivide~ as JANIE
DANIEL'S SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the Public Records
of Pinellas County, Florida; together with all vacated rights-of-way between the above
lots and subdivisions; LESS AND EXCEPT the existing rights-of-ways of record for
Cleveland Street and Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided Lot 5)
of the aforementioned Revised Map of RH. PADGETT'S SUBDIVISION as a Point of
Beginning, thence N890 11'57"W along the Northerly line of Lots 2 through 13, Block
5 (also known as subdivided Lot 5) of said subdivision a distance of 603.22 feet to an
intersection with the Easterly right-of-way line of Madison Avenue; thence
NOoo01'44"W, along said Easterly right-of-way, (also being the Westerly boundary of
unsubdivi4ed Lot 4 of the REVISED MAP OF RH. PADGETT'S SUBDIVISION, and
the Westerly boundary of Lots 4-9 of JANIE DANIEL'S SUBDIVISION as recorded in
Plat Book 5, Page 23 of the Public Records of Pinellas County, Florida) a distance of
662.65 feet to the Northwest corner of Lot 4 of said JANIE DANIEL'S SUBDIVISION;
thence S89013'41"E along the North boundary of said Lot 4 a distance of 6.25 feet to
an intersection with the Southwest corner of Lot 36 of CLEARWATER HEIGHTS, as
recorded .in Plat Book 4, Page 99 of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part; thence NOoo01'44"W along the Westerly
boundary of said CLEARWATER HEIGHTS (being also the Easterly right-of-way line
of Madison Avenue) for a distance of 363.93 feet to an intersection with the Southerly
right-of-way of Cleveland Street; thence S89041'48"E along said right-of-way for a
distance of 602.06 feet to an intersection with the Westerly right-of-way of Missouri
Avenue (being 44 feet Westerly of the East line of the Northwest 1/4 of Section 15,
Township 29 South, Range 15 East); thence SOoo03'52"E along said Westerly right-of-
way, a distance of 1031.81 feet to an intersection with the Easterly projection of the
Northerly boundary of Lots 2 through 13, Block 5 (also known as subdivided Lot 5), of
said REVISED MAP OF RH. PADGETT'S SUBDIVISION, thence N89011'57"W along
said projection 5.80 feet to the Point of Beginning.
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TITLE, GAP & FIRPTA AFFIDAVIT
CONSTRUCTION LIEN INDEMNIFICATION
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned authority, personally appeared
R I +- Ci... 6-CZ"" V ~vt
(the "Affiant"), who, being duly sworn according to law, deposes and says as follows:
1. Affiant is the eft. q i r rn..a Y\ of THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, a body politic and
corporate of the State of Florida (the "Seller"),
2. Seller is selling certain real property (the "Property") located in
Pinellas County, Florida, which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
3. There have been no improvements, alterations or repairs made by
Seller to the Property within the past ninety (90) days for which the cost, or any part
thereof, remains unpaid, except for certain on-going environmental monitoring and
remediation. (the "environmental work"), which will be continuing at the cost and
expense of the Seller. In order to induce COMMONWEALTH LAND TITLE
INSURANCE COMPANY ("CLTIC") to issue its policy of title insurance to Information
Management Resources, Inc., the Buyer in the identified transaction, Seller hereby
agrees to indemnify, defend and hold harmless, COMMONWEALTH LAND TITLE
INSURANCE from all loss or damage arising from such ongoing environmental work,
including without limitation all attorneys' fees and costs, and from all loss or damage
arising from any mechanic's, materialman's or other construction liens filed against the
Property as a result of the environmental work.
4. There are no mechanics', or materialmens' or laborers' liens against
the Property, or any part thereof, which liens would have been created or incurred by
virtue of an obligation of the Seller, and no contractor, subcontractor, laborer, or
materialman, engineer, land engineer or surveyor has any lien or righ,t to a lien against
the Property, or any part thereof, by virtue of any unpaid obligation created or incurred
by t,he Seller.
5. There are no claims, demands, contract rights, liens or judgments
outstanding against the Property and that the Seller is not indebted to anyone for the
Property.
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6. ..- There are no easements or claims of easements on the Property not
shown on the Public Records of Pinellas County, Florida other than certain lines or
cables belonging to GTE, which are on the property without the benefit of an easement.
7. There are no outstanding rights or claims of any parties in
possession not shown on the Public Records of Pinellas County, Florida, and that there
are no parties other than the Seller in possession of said real property, other than the
GTE lines or cables identified above.
8. There are no outstanding taxes or special assessments which are
not shown as existing liens by the Public Records of Pinellas County, Florida.
9. Affiant on behalf of the Seller acknowledges that Section 1445 of
the Internal Revenue Code provides that a transferee (buyer) of a U .S, real property
interest must withhold tax if the transferor (seller) is a foreign person. To inform the
transferee (buyer) that withholding of tax is not required upon the disposition of a U.S.
real property interest by the Seller, the undersigned hereby certifies the following on
behalf of the Seller:
A. Seller is not a foreign corporation, foreign partnership, foreign
trust, or foreign estate (as those terms are defined in the Internal Revenue Code
and Income Tax Regulations);
B. Seller's U.s. employer identification number is
The undersigned understands that this certification may be disclosed to the Internal
Revenue Service by the transferee and that any false statement contained in this
paragraph could be punished by fine, imprisonment, or both.
10. Affiant has received and reviewed Commonwealth Land
Title Insurance Company Commitment No, 864-120244 and is familiar with the
contents thereof.
11. There have been no documents recorded in the public records of
Pinellas County, Florida, subsequent to June 29, 1998 at 8:00 A.M. which affect title
to the property insured and that Affiant has not entered into any contracts for the sale,
disposition or leasing of the property described in the commitment other than as
provided in the commitment issued by Commonwealth Land Title Insurance Company,
if any.
12. This Affidavit is made for the purpose of inducing Commonwealth
Land Title Insurance Company to issue an Owner's Title Insurance Policy insuring
INFORMATION MANAGEMENT RESOURCES, INC., a Florida corporation in the
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amount of ON~ MILLION FOUR HUNDRED NINETY THREE THOUSAND FIFTY
SIX AND NO/100 DOLLARS ($1,493,056.00).
Signed In The Presence Of:
//m~
~- /(/
Print Name: '&../J.
Signing solely as a witness
cy.~- .
Print Name: ~hY\ t"..a y-Q.ssq5
Signing solely as a witness
STATE OF FLORIDA
COUNTY OF PINELLAS
SWOR~D SUBSCRIBED BEFORE ME, the undersigned authority, this
30 . day of , 1998, by 1ft"'" G ,.n..vf.Y , who is
by . Such person is
personally known to me or has produced a current
drivers license as identification.
(SEAL)
c~~. ~
NOTARY PUBLIC
Print Name:
My Commission Number:
My Commission Expires:
~9.'{ I>fJ. CAl;OLYN L BRiNK
o:l:"c;. COMM1SSlON # CC 463040
z~ ~ EXPIflES MAY 22.1999
~ BONDED THRU
OF fW' A11.AN11C BONDING 00.. INC.
STP-217353
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EXHffiIT "A"
(Legal Description)
Fee Simple Portion:
A portion of the following tract: Lots 28, 29 and 33 through 39, inclusive,
of CLEARWATER HEIGHTS, as recorded in Plat Book 4, Page 99 of the
Public Records of Hillsborough County, Florida (of which Pinellas County
was formerly a part); Lots 1 through 21, inclusive, of JANIE DANIEL'S
SUBDIVISION as recorded in Plat Book 5, Page 23 of the Public Records
of Pinellas County, Florida; Unsubdivided Lot 1 (less that portion of
unsubdivided Lot 1 which has been resubdivided as JANIE DANIEL'S
SUBDIVISION) and unsubdivided Lot 4, of the REVISED MAP OF RH.
PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of the
Public Records of Pinellas County, Florida; together with all vacated
rights-of-way between the above lots and subdivisions; LESS AND
EXCEPT the existing rights-of-way of record for Cleveland Street and
Missouri Avenue;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
From the Northeast corner of Lot 2, Block 5 (also known as subdivided
Lot_5), of the aforementioned REVISED MAP OF RH. PADGETT'S
SUBDIVISION as a Point of Beginning, thence N89011'57"W along the
Northerly line of Lots 2 through 13, Block 5 (also known as subdivided
Lot 5) of said subdivision a distance of 580.72 feet to a point on the
proposed Easterly right-of-way of Madison Avenue which is 22.50 feet
East of the Southwest corner of subdivided Lot 4 of said REVISED MAP
OF R.H. PADGETT'S SUBDIVISION; thence NOoo01'44''W along said
proposed right-of-way a distance of 628.66 feet to a point; thence
N09022'09"E, for a distance of 55.42 feet; thence NOooOl'44"W, for a
distance of 118,34 feet; thence S89041'48"E for a distance of 254.70 feet;
thence S61058'11"E for a distance of 161.20 feet; thence S89041'48"E for
a distance of 180,0 feet to an intersection with the Westerly right-of-way
of Missouri Avenue, (being 44 feet Westerly of the East line of the
Northwest 114 of Section 15, Township 29 South, Range 15 East); thence
SOoo03'52"E along said Westerly right-of-way, a distance of 731.81 feet to
an intersection with the Easterly projection of the Northerly boundary of
Lots 2 through 13, Block 5 (also known as subdivided Lot 5) of the said
REVISED MAP OF RH. PADGETT'S SUBDIVISION, thence
N89011'57''W along said projection, 5.80 feet to the Point of Beginning.
TOGETHER WITH:
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EXlDBIT "A"
(Legal Description, Cont'd. - Page 2 of 2)
Perpetual Easement Portion:
A portion of the following tract: Lots 14 through 33, inclusive, and Lots
38 and 39 of CLEARWATER HEIGHTS, as recorded in Plat Book 4, page
99 of the Public Records of Hillsborough County, Florida (of which
Pinellas County was formerly a part), together with all vacated rights-of-
ways between the above lots in subdivisions, LESS AND EXCEPT the
existing rights-of-ways of record for Cleveland Street and Missouri
Avenue, and being more particularly described as follows:
From the Northwest corner of Lot 14 of said CLEARWATER HEIGHTS
as a Point of Reference, thence S89041'48"E along the deeded Southerly
right-of-way of Cleveland Street, a distance of 25.30 feet to a Point of
Beginning; thence continue S89041'48"E along said Southerly right-of-way
for a distance of 576.76 feet to an intersection with the Westerly right-of-
way of Missouri Avenue; thence SOO 0 03' 52"E along said Westerly right-of-
way for a distance of 300.00 feet; thence N89041'48"W a distance of
180.00 feet; thence N61058'11"W for a distance of 161.20 feet; thence
N89041'48"W for a distance of 254.70 feet to an intersection with the
proposed Eastf;!rly right-of-way of Madison Avenue; thence NOoo01'44"W
along said proposed Easterly right-of-way for a distance of 225,00 feet to
the Point of Beginning.
TOGETHER WITH:
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EXHIBIT "A"
(Legal Description, Cont'd. . Page 3 of 3)
Additional Madison Avenue Ri~ht-of-Wav:
A portion of the following tract: Lots 14, 27, 28 35 and 36 of
CLEARWATER HEIGHTS; Lots 4 through 9, inclusive, of JANIE
DANIEL'S SUBDIVISION; Unsubdivided Lot 4 of the REVISED MAP OF
RH. PADGETT'S SUBDIVISION; and all vacated rights-of-way between
the above lots and subdivisions. Being more particularly described as
follows:
From the Southwest corner of unsubdivided Lot 4, REVISED MAP OF
RH. PADGETT'S SUBDIVISION, as recorded in Plat Book 4, Page 32 of
the Public Records of Pinellas County, Florida, as a Point of Beginning;
thence NOoo01'44"W along the West boundary of said unsubdivided Lot
4, and along the West Boundary of JANIE DANIEL'S SUBDIVISION, as
recorded in Plat Book 5, Page 23, of the Public Records of Pinellas
County, Florida, a distance of 662.65 feet to the Northwest corner of Lot
4 of said JANIE DANIELS SUBDIVISION; thence S890 13' 41"E, alongthe
North boundary of said Lot 4, a distance of 6.25 feet to an intersection
with the Southwest corner of Lot 36 of CLEARWATER HEIGHTS, as
recorded in Plat Book 4, Page 99 of the Public Records of Hillsborough
County, Florida (of which Pinellas County was formerly a part); thence
along the West boundary of said CLEARWATER HEIGHTS,
NOoo01'44I1W, for a distance of 363.93 feet to an intersection with the
Southerly right-of-way of Cleveland Street; thence S890 41' 48"E along said
right-of-way a distance of25.30 feet; thence SOooOl'44"E for a distance of
343.34 feet to a point; thence S09022'09'W for a distance of 55.42 feet;
thence SOOOOl'44"E for a distance of 628,66 feet to an intersection with
a point on the Southerly boundary of said unsubdivided Lot 4, REVISED
MAP OF RH. PADGETT'S SUBDIVISION; thence N89011'5711W along
said Southerly boundary for a distance of 22.50 feet to the Point of
Beginning.
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
, BEFORE ME, this day personally appeared f,-ftt.. ~ Y-V~<1
(the "Affiant"), who being by me first duly sworn, deposes and says:
1. Affiant is the f'lttJ.J..( 0v-
a municipal corporation (the "City").
of THE CITY OF CLEARWATER,
2.
described as:
This Affidavit is made relative to the real property (the "Property")
SEE ATTACHED EXmBIT "A"
3. That the City has possession of the property and that there is no
other person in possession who has a right in the property.
4. That there are no unrecorded labor, mechanic's or materialmen's
liens against the property and that no material has been furnished or labor performed
on the property in the last ninety-one (91) days which has not been paid for in full.
5. That there are no unrecorded easements, liens or assessments for
sanitary sewers, paving or other public utilities against said property,
6, That there are no existing contracts for sale or unrecorded
mortgages existing against said property and that there are no recorded mortgages,
liens or encumbrances against said property.
7. There are no outstanding taxes or special assessments which are
not shown as existing liens by the Public Records of Pinellas County, Florida.
8. Affiant on behalf of the Seller acknowledges that Section 1445 of
the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property
interest must withhold tax if the transferor (seller) is a foreign person. To inform the
transferee (buyer) that withholding of tax is not required upon the disposition of a U.S,
real property interest by the Seller, the undersigned hereby certifies the following on
behalf of the Seller:
A. Seller is not a foreign corporation, foreign partnership, foreign
trust, or foreign estate (as those terms are defined in the Internal Revenue Code
and Income Tax Regulations);
B. Seller's U.S. employer identification number is
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The undersigned understands that this certification may be disclosed to the Internal
Revenue Service by the transferee and that any false statement contained in this
paragraph could be punished by fine, imprisonment, or both,
9. That this Mfidavit is made for the purpose of inducing .Information
Management Resources, Inc., a Florida corporation ("IMR") to purchase the subject
property, and Holland & Knight LLP and Commonwealth Land Title Insurance
Company to issue an owner's title insurance policy to IMR in the amount of
$1,493,056.00.
Signed In The Presence Of:
4~.
Print Name: ~ J ~J-
Signing solely as a Itness
Ai A Yo/?
--~
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rint Name: ':>t;l),n.CarQ:.>?"j.S>
Signing solely as a witness
-~
STATE OF FLORIDA
COUNTY OF PINELLAS
SWORN TO AND SUBSCRIBED BEFORE ME the undersigned authority this
30 day of ~ ' 1998, by I? 1-n:J C; J"l ~ v € Y who is personally
known to me r w has produced a current drivers license as
.
identification.
c~ ~. ~Du
NOTAR PUBLIC
Print Name:
(SEAL)
My Commission Number:
My Commission Expires:
$''{ PI.' Cl\~OLVN L. BR~K
o:&t COMMISSION # CC 463040
~~.. . EXPlflESMAV22,1999
~ BONDED THfW
Of f\..~ ATLANTIC BONDING co.. !No.
STP-217361
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EXlDBIT "A"
(Legal Description)
INGRESS-EGRESS EASEMENT:
Lots 9, 10 and 11, Block 5 (also known as subdivided Lot 5) of the
REVISED MAP OF R.H. PADGETT'S SUBDIVISION, as recorded in Plat
Book 4, page 32, of the Public Records of Pinellas County, Florida.
TOGETHER WITH:
EASEMENT FOR DRAINAGE:
PARCEL A:
LOTS 16, 17 and 18, BLOCK 5 (also known as subdivided Lot 5) of the
REVISED MAP OF R.H. PADGETT'S SUBDIVISION, as recorded in Plat
Book 4, page 32, of the Public Records of Pinellas County, Florida.
PARCEL B:
The West 2/3 of Lot 9; All of Lots 10 and 11 AND the North 60.0 feet of
Lots 12 and 13 of W.F. HUGHEY'S SUBDIVISION, as recorded in Plat
Book 1, page 70, of the Public Records of Pinellas County, Florida.
PARCEL C:
LOTS 13 and 14, BLOCK 1 of MOASE AND .HARRISON'S
SUBDIVISION OF LOT 7 of R.H. PADGETT'S SUBDIVISION, as
recorded in Plat Book 2, page 85, of the Public Records of Pinellas
County, Florida.
5TP-215690
.
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GTE Network Services
1260 E, Cleveland St., FLCW5033
Clearwater, FL 33755
613-562-1101
613-562-1193
Facsimile: 613-562-9615
August 4, 1998
Clearwater Redevelopment Agency, Inc,
clo Homer Duvall, III
Holland & Knight, LLP
200 Central Avenue, Suite 1600
St. Petersburg, FL 33701
Information Management Resources, Inc,
clo R. James Robbins
Hill, Ward & Henderson, P.A,
101 East Kennedy Blvd., Suite 3700
Tampa, FL 33602
RE: REMOVAL OF GTE LINES ON GLOBAL CENTER PROJECT
Ladies and gentlemen:
This will confirm that GTE Florida, Incorporation ("GTEj currently has located within the property which is to
be developed as the Global Center Project, in Clearwater, Florida, (the main tract of which is bounded by
Cleveland Street on the North, Missouri Avenue on the East, Gould Street on the South and Madison
Avenue on the West-the "Propertyj certain transmission lines or cables (the "Unesj, These Lines are on
the Property without benefit of any written or recorded easement. GTE claims no right, title or interest in or
to the Property,
GTE acknowledges that Information Management Resources, Inc, ("IMRj is purchasing said Property from
the Community Redevelopment Agency' of the City of Clearwater ("CRA j, and that IMR is going to
construct commercial buildings and ancillary improvements thereon, including without limitation subsurface
drainage facilities,
In consideration of the time which CRA and IMR have permitted and shall permit (pursuant hereto) the
continued use by GTE of that portion of the Property occupied by the Unes, GTE agrees to take whatever
steps are possible to move, adjust or otherwise deal with the location of the cable during the ongoing
construction on the Property by IMR, and to assist in the supervision and direction of those construction
activities which are or will be in close proximity to the Unes or which may endanger the Unes, and to be
responsible for damages to the Unes, or damages occurring as a result of damage to the Unes which
occur a~ a result of the negligent supervision, direction or control of GTE.
IMR, for itself and its construction contractor, agrees to give GTE 48 hours notice prior to undertaking any
.. construction activity near the Unes.
GTE further agrees to remove said Lines from the Property within 75 days from the date of this letter
agreement, and to commence such removal within ten (10) days from the date of this letter agreement. '
A part of GTE Corporation
.
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Such removal shall be at the sole cost and expense of GTE. During the course of such removal, and until
the removal is complete, GTE agrees to provide to a representative of IMR (the identity and address of
whom is to be designated in writing by IMR) biweekly status reports on GTE's progress in completing the
removal. GTE agrees to repair and restore to their -pre-removal condition- any paved areas on the
Property damaged by its removal of the Unes. If GTE has not removed the Unes from the Property on or
before said date, IMR may sue GTE for specific performance. In the event GTE has not removed the Lines
Within the required time period, GTE shall pay to IMR, as liquidated damages, the sum of $10,000.00 plus
$1,000.00 per day for each day after 75 days from the date hereof that the Unes remain on the Property.
Any judgement rendered as a result of GTE's failure to remove the Unes on a timely basis shall also bear
interest at the rate of eighteen percent per annum. The prevailing party in any dispute between GTE and
IMR shall be entitled to receive its attomeys' fees and costs incurred in the dispute, including those incurred
in pre-litigation, litigation, in any administrative or quasi-judicial form, mediation, arbitration, bankruptcy or
other form or forum of dispute resolution.
INFORMATION MANAGEMENT
RES04INC.
By: ~ #. /I44;L
GTE FLORIDA, INCORPORATED
By:
'~
A,.A *~./ h"(~ ~-~
. Its:
{!,/<;
Its: Section Manaoer - Access Desion .
[must be authorized officer]
A part of GTE Corporation
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!;-:.-:.;-, Florida
..~ ...: Pow- er
\- .-.
e. .I.~. COR PO RAT ION
......
1uly 30, 1998
Lisa Fletcher
Holland & Knight
Suite 1600
200 Central Ave.
St Petersburg, Fl. 33701
Re: Release of the existing Florida Power Corporation Easement.
Dear Ms Fletcher:
This letter is to confIrm that Florida Power Corporation has no objections to
releasing the distribution easement that was dated November 24, 1961 and
recorded in offIcial records book 1299, page 489 of the public records of
Pinellas County, Florida. This easement is on lot 30 of Clearwater Heights, a
subdivision lying in Section 15, Township 29 South, Range 15 East. We are in
the process of releasing this easement. If you should have any further concerns
about this project, please do not hesitate to contact me at (727) 562 - 5662.
Sincerely yours,
Florida Power Corporation
~ '1Oif
Michael Mozo
Senior Engineering Representative
GENERAL OFFICE: 2166 Palmetto Street CW-13. Clearwater, FI 33765 (813) 562-5663
A Florida Progress Company
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FWRJOA 33758-4748
TELEPHONE (813) 562-4750 FAX (813) 562-4755
PUBLIC WORKS
ADMINISTRATION
July 31, 1998
Clearwater Redevelopment Agency Inc.
c/o Homer Duvall III
Holland & Knight, LLP
200 Central Avenue, Suite 1600
S1. Petersburg, FL 33701
Infonnation Management Resources, Inc.
c/o R James Robbins
Hill, Ward & Henderson P A
101 East Kennedy Blvd., Suite 3700
Tampa, FL 33602
RE: Abandonment of utility lines on real property located in City of Cleanvater
(the "Property") as more particularly described in Exhibit "A" attached hereto
Ladies and Gentlemen:
This will confirm that all City of Cleanvater utility lines and facilities located on the above-referenced Property,
including without limitation the six inch (6") and eight inch (8") sanitary sewer lines and facilities located on the
Property, as shown on the boundary survey of the Property prepared by Larry Evans of Evans Land Surveying, Inc.,
last revised July 23, 1998, have been abandoned, except for the twelve inch (12") and fifteen inch (15") storm
sewer lines which presently selVe the Property. The City disclaims any right or interest in and to such abandoned
utility lines and facilities.
Nothing in this letter shall be construed as abandoning or disclaiming any right or easement of any franchised
utility, including without limitation Florida Power Corporation or GTE Florida.
By:
tor
Approved for form by:
(j
~--~
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Pamela Akin, City Attorney ,-
ONE Ow ONE FlTfURE.
"EQUAL EMpWYMENT AND AFFIRMATIVE ACTION EMpwYER"
.
JUL-31-1998 14:00
CITY ATTORNEY'S OFFICE
813 462 6426 P.01
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ITY OF CLEARWATER
d
POST OFFICII Bo;( 4748, CL~RWA'rER, FLORID^ 33758-4748
TWPUONF. (813) 562-4750 F.u: (813) 562-4755
PI)8UC WORKS
Am.f1N15TRATION
July 31, 1998
Clearwater Redevelopment Agency Inc.
r:Jo Homer Duvall m
Holland It KDigbt, LLP
200 Central Avenue. Suite 1600
St. Petersburg. PL 33701
Information Management Resouroes. Inc.
clo R James Robbins
Hill, Ward & Headmon P A
101 East Kennedy Blvd., Suite 3700
Tampa, FL 33602
RE: Abandonment of utility liDes on real property located in City of Clearwatcr
(the "Property") as more particularl)' ck:scribed in Exhibit" A. attached herelo
Ladies and Gentlemen:
This will confum that all City of C1cuwater utility lI.nes and facilities located. on the above-referenced Property,
including without limitation the six inch (6") and eight inch (8j sanitary sewer lines and facilities located on the
Property, as shown on the boundaIy swvcy afthe Property prepared by Lany Evans of Evans Land Surveying. Ine"
last revised July 23, 1998, have been abandoned, except for the twelve inch (12"") and fifteen inch (IS") &tOrm
sewer lines which presently save the Property_ The City di5el::llim~ any right or interest in and 10 such abandoned
utility lines and facilities.
Nothing. in this letter shall be consuued as abandoning or cliscJainring any right or easement of .any franchised.
utility, including without limitation Florida Power Cmpomion or GTE Florida,
By:
tor
Post-it'" Fax Note
TO~ r.
CoJDept.
Approved for form by:
.7"'.;-
Fax II SOb) ~ (J)..-'/
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Pamda Akin, City Attorney ,-
ONE em. ONE Fl11'URE.
.
"EQUAL EMpLOYMENT AND AF1'IRMA11VE AC.:'T'ION E1o!PLOYER"
TnTOI P 011
FROM HILL WARD HENDERSON
.
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Insurance Binder ~er No. 0005011267-0
19.07-31 16=32 **151 P.02/02
Date 18suea I/~./~~
~__________________________l_____________________________________------------------~---~----
Producer:
'invirQnmental Complianoe Se:t'vices Inc.
520 Eagleviaw 91va P.O. Box 636
Exto~, PA 19341-0636
(610) 458-0570
-----------~--------------------------------------------------~----------------------------
com~any: Reliance National In~emnity Co
Binder: Effective 7/31/98 1210l ~
Expires 10/30/98 12:01 AM
Insured I
I Desc~iption: Operations/Vehicles/property
--------------------------------------------------~-------------~-----------------------
INFORMATION MANAGBKlN'I' itESOOllCBS, INC.
CONTACT: Mr. Leo Schrader
100 South Myrt18 Avenue
Clearwat.er
~el;(813) 398-2366
.._...._..M..........~.....4..._..__..__a...._..-............._.._~......__..~_M......_~M_R~
COHMtrNI'.l'Y REDEVELOPMENT AGENCY OF THE
CITY OF CLEARWATER
FL 33759
CITY 01 CLEARWATER
'l'ype of Insurance
Po Hey
Each Loss
Liability Limits
! I Self-Insured
Total LOIS Retention
--------~-----------------~.----------------------------~-----------------------------~----
"..POLLUTION "1UMIlDIAL***~1 Numbe~'
*u LEGAL I.IABILITY ***1. NTL2510900
Ret:~o Date For Clail'ft8 Malie:: Term: 7/31/98
'thru 7/31/08
.---..~.._~-..Spec1al conditione/Restriction_/Other OOv.rage&--....~......._.....-..--..---
***..*************.**".*.w*****.****.****.*********.*...*********.***..**.*****
. SUftJ1!lC'1' '1'0 nlRMS AN]) CONDITIONS OF QUOTE DMZD 6/23/98 and FAX of 7/30/98 ·
***..*.**********.***~.*.**********..***..*..*.*..*.********.*****************.
$2,000,000
$:2,000,000
$200,000
CONDITIONS
This company binds t~ kindle) of insurance stipul.~ed above. The insuranoe is
subject to the terms, con~ tions and limita~ionB of the palioy(ies) in current
use by the company.
This binder may be oancelled by the in.ure~ by surrender of this binder or by
written notice to the company 8taeinq when cancellation will be effective.
Th1S binder may be cancelled by the coepany by notice to ehe insured in
accardanoe with the policy cond1tions. This binder is cancelled when replaced
by a policy. If tbh binder is not replaced by 8. policy, the Company b
entitled to charge a premium for the binder accordinq to ehe Rules and Rates
in use by the Company.
APPLICABLE IN nVADA
Any person who refu...s to accept a b1n4er which provide! caveraqe of less than
$1,000,000.00 when proof is reqGi%ed. (A) Shall be fined not more than $500.00
and (9) is liable to the party presenting the b1ndar a~ proof of in8~rance for
act\J.a.l ~amagel!l sustalned therefrom.
~r~F:;::;;~i:-:::~~----------~--J~;;;;7;:P;;;;--------
311 Park Place Boulevard Jane L. DSR~Ma~i& Rozew
Clearwater rL 33759 --------------------~--------------------
Tel: (813) 199-5115 rAX: lS:L3) 791-5477 Authorizec1 Represilntatbra
---------------------------------------
Paqe
1
SEE PLANS IN FILE