The URL can be used to link to this page

09-39 RESOLUTION NO. 09-39 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST AND FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Agostino Digiovanni, Francesco Carriera and John Conti, as Co- Trustees of the Tropicana Resort Land Trust and Flamingo Bay Condominium Developers, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust and Flamingo Bay Condominium Developers, LLC, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th day of December , 2009. J~I(~ Frank V. Hibbard Mayor Approved as to form: Attest: Cy thia E. Goudeau Cit Clerk Resolution No. 09-39 DEVELOPMENT AGREEMENT (Hotel B - 316 Harnden Drive) THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated 2009, and entered into between AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST and FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company (collectively, "Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; WHEREAS, the Developer controls approximately 0.820 acre of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit A attached hereto and incorporated herein. WHEREAS, the Developer desires to develop the Property by replacing historic hotel units and other uses in order to add 118 overnight accommodation units, pool, and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 118 units, which includes 79 units from the available Hotel Density Reserve; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; EXHIBIT "A" WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has additionally determined that, as of the Effective Date of this Agreement, the proposed project meets all the requirements for an award of additional density from the Hotel Density pool as referenced in Beach by Design; WHEREAS, the City has conducted public hearings as required by S 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called and advertised public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD2009-08027 on , 2009 conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 2 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2 The Property is owned in fee simple by Developer. Such ownership is evidenced by copies of deeds included as Exhibit C. 3.3 The Property is generally located at 316 Harnden Drive (including 326 and 330 Harnden Drive and a portion of 316 Harnden Drive), as more particularly described in Exhibit A. SECTION 4. Scope ofProiect 4.1 The Project shall consist of no more than 118 overnight accommodation units, as defined by the Community Development Code. Such rooms may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. 4.2 The Project shall include 120 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08027. 4.3 The proposed density of the Project is 149.44 rooms per acre; the proposed height of the building, as defined by Code, is 84 feet to the top of the roof deck and 99.5 feet to the top of the architectural embellishment; the Project includes 1,335 square feet of non- accessory retail sales use, at a Floor Area Ratio (FAR) of 0.037 (based on total lot area); and the Project includes approximately 1,060 square feet of accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and approved by FLD 2009-08027. 4.4 The design of the Project, as represented in Exhibit B, is consistent with Beach by Design, except as otherwise shown on Exhibit B and shall include, pursuant to Beach by Design: 4.4.1 Access to units shall be provided through a lobby and internal corridors. 4.4.2 A reservation system and desk area open to hotel guests, typical of a hotel shall be included in the lobby area of the Project. 4.5. The design of the project, as represented in Exhibit B, is consistent with Beach by Design, except as otherwise shown on Exhibit B. 4.6 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for traIisportation facilities. SECTION 5. Effective Dateilluration of this Ae:reement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after 3 having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Oblie;ations under this Ae;reement. 6.1 Oblie;ations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or aSSIgns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009- 08027, including any conditions. Specifically, Developer acknowledges the FLD2009- 08027 condition of approval that the hotel located at 300 Hamden Drive under FLD2009- 08026IDV A2009-00002 must receive its Certificate of Occupancy prior to the City issuing a Certificate of Occupancy for this Project. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. . 6:1.3.2 The Devel()persnallmobtain building permit~arrdshall thereafter timely obtain required certificates of occupancy in accordance with the approved development order for FLD2009-08027 and Code Section 4-407. The 4 Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "D", that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an appropriate cross-easement as provided in FLD 2009-08026. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "E"; provided however, that nothing shall preclude the Developer from selling hotel rooms as the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve: Return of Units to Reserve Pool. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 79 hotel units to the Project site in accordance with applicable law. Such grant of units is dependent upon the demolition of existing units, as specified in the Demolition Plan included in FLD 2009-08027. In the event this Agreement is terminated pursuant to . Secti6ffTOubf this. Agreementorn if any units granted-to the:Developerfrom-the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-08027 and in accordance with Paragraph 6.1.3.2, or if any units of the Project 5 fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one consecutive days, whichever is less. 6.2 Obli2ations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subj ect to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 79 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 6 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: n .1.1 . That sl.loshiiifial cnaiigesUliaveoccurred in perlinenfconaifions-exislingaf the time of approval of this Agreement; or 7 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust; and Flamingo Bay Condominium Developers, LLC 2245 North McMullen Booth Road Clearwater, FL 33759 With Copy to: E. D. Armstrong III, Esq. Johnson Pope Bokor Ruppel & Bums, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the 8 Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 I f the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to anyone Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Comuliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compIIanc-e,-iIi--tlie judgment of the City -:fVfanager,reasonablyexerClsed,is-6fa- mInor or inconsequential nature. 9 SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Ae:reement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Ae:reement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invaliditv. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement; including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefitssought to be received heretmder are frustrated, such ~~rmsh~ll~~\,e!~~ri~~t to teiiriinate- tlii-sAgreemenfupon fifteen (15) days-Wiittennotlce to the other parties. 10 SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governin2: Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed m counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. Printed Name -~~ ' Printed Name: ' ~ MJu \h\.O.fl gostino DiGiovanni, as Co- Truste the Tropicana Resort Land Trust STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this lf~ay of ~~ 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana ResQrt L~d Trust, who is _ personally known to me or .~ has producedfl Lhl.ue.vX~ as identification. ~ 111 ,S'vlL. ~\\\\""I1l/I",I.' N t P bl ~'~~A M. S(j;~~ 0 ary u ic ' (\; ~ S ' f ...~~Mlssio.1;~~ Print Name: Rcur'Ol .' ullrvon g l.$- ~1\l1J,.!>_ ~L"''7',\ -*. ~~. ~ =- : "" fi1\ :: =~: ..... en: = ~ ~ ~ "" #00 769.~"^ : * ~ ~~..~%~. ~ .: ~ u'%:ti~~!~~.... ~ </e ........c '(\: ~ ~III. ' STATE 0' ,\,,, 1'''"111''1\\\\~ 11 ~rC1 '. Printed Name~~ O/1jJ ~ ' :m.S~~~ . Printed Name:' C' M')UJ/(VDV] ~~,~ Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this L/l~ay ofD.timbe/L 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or -.Vhas producedff. Pru0eJJt1 4~ as identification. ~' ~ S 11- ~\\\\""""""'I. J Il ~,'~ r..\AA M. SuJ~~ t;. v ' ~ ~.'........:"'<~ ~ t P bl ~ ...c,o\llMISSto;.. ~~ 0 ary u ic n - r\ ^ Ii I 'I ' !* /~ ~~li\ 18,~0,~..?,~ Print Name: 1"CU.rYl I~l (Van = : ~~: E =~. ..... 0: = -"",. IIDD . - ~~\t.. 769399 .: *' i ~:::;L..~~. . ~~ ~ -<?":'..~~f~.""'e<>... ~ ~ ~ :"<)'/ .. I'ClJII09I'"'~'.. ,,~~ ~ <Ie ........ ~v~ ~II~ ,STATE 0'<: ~"", ~II',,,,",,,,\\\'\ 12 ~mne. '(l (\ STATE OF FLORIDA COUNTY OF PINELLAS ti, as Co-Trustee of ropicana Resort Land Trust The foregoing instrument was acknowledged before me thiH~ay of ~ 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or ~as produce~Q ~ I~'-' as identification. N tary Public ,.. Print Name: RD.ui':} L~. SuLlI v(1n J1~\"'MtIt""""" I SUi ~~ .ri~~V~~. 4 ~ 1a/~~,~ 3*1 ~,\ ==: ....:... == s~ \ #/)07B93ll11 ; f ~~.-fI. "II. :r;::: ~"'fi."''''~~J!..',f;~ ~ 4:......O/fCU~;.~ CS"~ ~..~I J..........~ ~'\)'iif- ~II~~/O' 8TA~ C" ~,~ '11111",,,,1\\\\\\'1/ 13 ~~ . . Printed Nam~ fJA1f/;J/U1 t(}m\\I~~ rinted Name: nCl~t \ uJIlVITr1 FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company BY:~'~~ gclstin DiGiovanni President STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me thd-lt4day of~m..kX!/2 2009, by Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf .of t~e company. He is _ personally known to me or v'has produce~ OI'LU-~\/J ~ as identification. ~'-- 'Y(1<:;)J_ ~\,\\\\\II""'""I. N tarv Public .. ~'\:..\.SULlIvAA!llil ."'). A. J. t" . ~~~~:'.lON';i~:V ~ Pnnt Name:YLu<<A 1\11. ull v(]Jl ~_~ ..~~'5 '-'\Pi.. ~ ~ "'...~ 'l,"'!,' 20,<, ~.. * ~ .::- eu$ .. -:: ~:~ .. : <E ::: · ~ .9: ~* ~ n"Q1Q~~': lS~ ~ . ~v \If.'. ~~ ~~.. N__ ~ .!t,.'f...;':' ~ ~"~,,!a'Y~ .';;'rJ~ ~ "9y .......~~\":~ "III. PUBLIC, S\ ~,\" 1111'"11111\"\\\ 14 Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: William B. Home II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this _day of 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Exhibit A Exhibit B Exhibit C Exhibit D Exnibir E Notary Public Print Name: Legal Description Site Plan Evidence of Ownership (Deeds) Covenant regarding Hurricane Evacuation and Development, Use and Operation Covenantof Unified Use #496830 v6 - Hotel B DV A (diGiovanniffropicana) 15 EXHIBIT "A" Page 1 of2 (Hotel B) Parcel No. Street Address Portion of 08/29/15/17604/000/0020 316 Harnden Drive 08/29/15/17604/000/0030 326 Harnden Drive EXHIBIT "A" Page 2 of 2 HOTEL "B" Lots 1,2,3,4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot lA, COLUMBIA SUBDIVISION NO.3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pine lIas County, Florida. LESS AND EXCEPT That part of said Lots 1 and 2, described as follows: Commence at the Northeast comer of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06045'36" W, 167.41 feet; thence N 83002'46" W, 99.73 feet; thence S 06057'14" W, 61.00 feet; thenc~ S 09004'50" W, 23.34 feet; thence N 81044'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1,248.79 feet along the Arc ofa curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07008'39" E, 248.77 feet to the Northwest comer of aforesaid Lot 1, thence S 84027'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. EXHIBIT B Site Plan e <9 <9 ,,': @ @> @ . 6J @ 1. i' . ~t @ eq !i1 I. @ , @ @ . @ @ @ @ . @ @ I I i I i --- .Ila fo<~"b> ltr.....,..". ==~ N 80"45'56" W 10.00' ~ il~ i~ ~a I III ;! iR II g~ I! I CI~I:: III ilR Ii i ~i I CI I. I I m ~ i $0<'" ~ . i8S ~ _-1-------- 11-'; 1 Ii j Il :TAKING SITE PLAN I n I TROPlCANA RESORT MOlILS. LtC . HOTEL A: 301-315 CORONADO DRIVE AND 300 HAM DEN ~ HOTEL 8: 318 HAMDEN DRlVE-330 HAYDEN DRIVE DRIVE CLEARWATER 8EACH, FLORIDA ~l~~tl AYM.-JO-JJI!JIIi ,O!I (C/)3nN:lIt tf OHIH.L . (:/).l33HLSOHIHJ. .... ~~~~hSI!!' fMfflC . IT....n..........,. .~. II~ · \MI. · AlrIIXAlIOI 100 SOUTH Bn.cHeIl: ROAD - · COUIltlmOl AIII_T1III ClEAlIM'Ateft.A..ONDASU. l!"'Il.:=~~ II II ......- .....'-,:... ~...... . ......-li ~4"* i: . . ~~........ ~:a...... .... 'I'NOW, ~1HoM1l.""'" Spanish Tile Roof Reds and Gray-Browns Base Color 2 (BA-2) . SW 7562 Roman Colurttn Body Color 2 (BC-2) SW 6387 Compatible Cream Metal AwninbtS - PJ\C-Clad Burgundy II Base Color1 (BA-1) ! SW 6356 Copper Mountain Body Color 1 (BC-1) SW 6658 Welcome White IT_fOIl/Il!ItM'l'OND. ..-....... t~~: .. ... ~ I ~II I- ,I _ dt , t i w..I1"'*i ..........! lAwl.....i I LM......I I """'1 u;~!~__ ....O'lIICMli 1luIld<Ig"B" BuIIdlng"A. . .. iii II' -, .. ~""\' 8 EAST ELEVA T1ON. HAMOEN ORNE """..... . , BP:, < bclw + pelA:r.Ul<<" I Js.....rotI(Nnd pc:....LnsGl ,.......,........ f&50.489.lr.l!J AA1600170. 1-" I -_.==~ ... ---~ ,...,. ~ ""'""""'" C/) -l W I- 0 ~ ~ I- ~ 0:: 0 i C/) w 0:: i <( z <( () u c: 0 0:: I- PROJECT LOG - - . - -- .- -- ~- IlIGI.Q01Q UI.ll!Qot<lt: 18 OCTOBER2Ol>> 1;IIrAWM;I.1.I: B.!VAIIONS om A7 !; Ii I: I, I rj -; i "!U_; c" I' I:i I' V-II i i ! ! '---- : j : I I! 1 j !! I" I' '. Ii . . I .i 1:1 I' I I Ii I , ! j I Ii Ii I ~r LAJ ; ,';C .....+. I Irli! ii I b~ Jl~ "" ,,~ I ~ f.!1 : I' j / "~~I II' (\~ F.l~~ " Ii Iii :~I' I! i h I I' I' r' ~. ..', I ! I ,el I i LJ I I i a'~" l~:r~ I J,J ~ '!::~.:.~ I :/ ..",,;,:" ! "J 'II ,i i III ~UI~I~ ~ ' \::lU 'I , II ' , ' ~ :1. . ,isl; ! I ""'1 : i I .,f' : ~I I,' ji I II --j", ! I ,n~:c~ ~~-4 I~,mn m\ i III , ~ 'i~i il:lrtit ,:;'- i; I~:r I '\ ".h"h ......hj II n III i ! II II I 'I l~! r E~=~i!l i "I, I ~Il Hi II ',! 8j~ i I!' L.. !,I ~,l I ' ~i I~I L...r----i,:, ~ i i ,I 'j ~I~ g If-.--;::h. "J ' ,*:" I ,I' 'fj, ~ ' oN ..:.......::,~, ! : '''I IIH III II (~~.EJ!L~::lJ t '\Jj 111',:!Fe\ l,iiJ 111,1 (,I IILl tm~ <>if ,,! ,! ! ~1';I';!i,".''''''''''''h'h'''h'' "h. h \<J'II '-i I i ~ i'~1 I! -=Cu_ - =~~11: ; ~;;;: \, II ---.ll',' ~.' III ,,' I "[;"Fi '" ,,,!~ , I ~ I;,...._u-!I . ,,' ~I~ ~ ,,; \ IliI '! "; I, 'Iii i t ~11' , ~--lN ~! i:ili:iii ,: \111 I:I.~ II i : I i 14'1' 1i r o! ~ 11 : [I ,I ,.I! /' /,'1' II! I . ,.. ,"",c"==l,JLu_u_u_u_ : 1111' ;0' I I ~ '''U'_ J )i .._u_.._u_u_u_u_u_u_._.._u_n_uTu_u_u: 1/' \ ~ ~ . I! r; ~ii . !i I I II I"'" ,~;. i ! .2111 \ o Iii' Ii'! i '1 I Fa \ ~ ' [I',' "I 'II I I 1#-' '"~ ..... .__ . ,I.. aT.... I H ~ ~ " I ; i III ,11,~,,,u, ".11 II ,_ ' ..... "'h"h,;~='::':'~. Ti ~ \ " ~ ~ . in ",i, I, I ,',. ),~l .__HI"1 III 'Iq i~lj l'r r- , .' ..~ ' '--1i1 j 1'1 Ii i , I ' ~! I"ill I.! II i. II!;; I: ~.;~ I c:{> i , I J i I 1::1~~ I I ill! I i \ I ' , f"'-<""'''-';-''1 .. ~I I II! ,\ II !~~u_.._u_u_., \.:::H>:t~.li ill II:! ~ II i I' I ....A I' II -v Ii: i ,I ; /t\. r i Iii ~.- =11111 I~~ II \ 1\ ! i r i! ~II!I III ~I~ ,I, / I~'t,:; ~:>:~r], . i I ~I" ~ i1il : I; . / I P.' t:;o, tJ fiifi I ! II ~iiill~ ~.~ . , .;0;; ~o II ..,i' II ~b ~I,!!!!ii ,f(/ I i i~~ ~ ,~; - ;.~. rr~ ~ ~I I ! 11 ~ L I ~ II i Iii Ii I ~~ \? II i I,! ii rL l'l~Z 1'1: III \1 \0=711' ..;.. r' 1 j*~; ,I. It I Jt oj' L'~l ;; I' j I ;1' I H ~ lQ'q t ,: : ,1 II ~ ru1 /'/)'I! \~, L._u u i' , I "",- f, ii j' ., ., ~ r ., i 'l..t"'~U"'''''''''i'.1 't.. IflH1i II' Ir-------J: j, ~ .J l!1i l1J . : -;j I, Ii II .. ,,,:. .~'I' . rT "'; Ii ~ : ~ l' ~ II oS .... I~' .; ~ ~ ., If --t II Ii Il!r. _______.;, Ii o:'''~ I: ~ I ~i *1111 ~ 01 I! ~ i L I' ~I I'.. liS !I I~ ! ;..1" hi :; r ~ .~ln, :ll!; ~"I I li I ~, "~I~ FJ I I! I'~'.,~ ~ I ~,i ."1. , : i " ~ ~ ..____.:.~::::.~..:!'.~~J=tJJ.. ~. ~ <? c:{> )> " " B b ~i 0 ~ ~ ClEARWATER BEACH. FLORIDA SCHEMATLC DESLGN FOR TROPICANA RESORT MOTELS . ....~ m ."~ I: ~ M;~~n~ ;;H "p.l ~ ':.: ~ ~ '" ]B~H . I ~ i ~ ~OJ j-o ~ ~ -""" ~;"'~~ ~,~..~J!>* r\!~Ji\~ . ....-:::.7..___ ~--== : BP: hdmr'" PCll'rilllCO. "':i'~::f;l;}~(~' .__?\:.':O:','~~;"'] r "'...... ........ :';:<,:,::~~.;~:, ..'~ '.. 1!>11J~.l":;;'~J~~\.I. HOOVU~ c: o u. z >2 <J) UJ o () ~ ::;: UJ :r; () <J) rn ...J W I- o ::2: I- 0:: o rn w 0:: <( Z <( o a: o 0:: I- < o ~ i a: i !li d -:p~~rECf@'f"'~ :, ~:.;:;;:- ;;:~.'~::'::. .........". ......,-..---. --.---- ............. u___ "_n...o.__ _.. _u_. _'_._._.._._ _"'__n.h.. .. "'_...._.. _'_"___h ~.'(: t{' ',,, DIGI.0910 :\r.j{:;:(.y.-'-'-'- 16 OCTOBER 2009 ii..~(;",i'If"-' ... lEV:::l2 PlAN ALl - ~= ~V7j}";==':-:-:"~:C~":~~ " "~;:TL_~;:;/r 7' I ' i I i ! i i . i j I'". "', I " -'. . - . ~-:::.~l._ ~-=.-.- -.- .L'_"_'_"-"-"-"-"-"-"-"i ,"----,---- _ 'm _ - "--~~'"frl,--';r :'11 . -. - -'-='.=.."..rr "'. .= ""r""l 'i!~'"~"111 i~!:! Il i J! Ii i ; l.ff... ; , --I ;"""~I'~--'-'-:I'" -II',: :...,' .:.11;, 1 ; - I ilL 'li "'., A ' , ": ,[ C', , - ~ "L~L: : r"" "I" Q ~. I Q t l H '-____ . , .... ,/ :..... ~D![~~~ 142 KEYS SUlOlNG B ~)J!"~.'!l fOTAL KEYS. 260 KEYS .--- ~IAOOOIW! ..=* _"_'._n_ .,=7-..<.. =:17';(;' ''!I''. "~w,:'-~ I H , 'i ~ 'm., ..1 : -~~'.,id-.,;-Tli~,=O~~l] '''''.-':::F'..... TrT '113 II ! I II ! L; ~ ' ,~'.; ; - II I 1 " I _ ~, , .:: I Ii I , 8 I I P. I..... ~i I ! H Ii, r ' .--.,j ._......~1.... m. ''':::-;"::::::.0:.- // "''-., \ !Q ::::::::::"::.",'U".1 11 \ \ ., r' . .~.... '~~.:.~".:.~:.1- L~::::::.-.':.i "lXt~~ : t~\~~lII ."~..~. . ;~ .m :': ,00,==. ':: ----- --------- -- -- --====---- '-.:::::....::..-==..::::.= -. .-.:::::=.::.=::.=.-=.::_:::~-'" ~) ;,.~~~NG LEVEL 3 --, i i i i j ! i i ! j j ! j j i j i i j ! i I ! i I ! i ! i i i i j i i i i ! ! j ! ! ! 1t>I~AX~V.':.~~~I.\.1. Hcw.n.'A (j) ...J W b ~ I- 0::: o (j) w 0::: ~ Z (3 a: o 0::: I- ...,j < Q ~ ,; m ~ ~ ~ d --~_.- -_._--==--===::-=..::::.::::-.::=:==-.::.~ -- ~-- ----- ------====--..-- ------- ----==::.::=-_---==--. -"[-"-=J-~ if-~. -~=:~;~ -- PROJECT NORTH CL- SCAlE: 113~ -""" -- -- . -,. "-.-.-.-.. ........-..--.--. ; ~'t.} ---2.'" 1Il,C;C\'IIUi.1UUIJ'CI.L .<!:.!.1" / / ..,,' ! 1_; LlIo<UMm'tf ~,~,t I'lNO.IOlSIOll LOC~l00!; t~'~!_~:~=-_'N' --~._---_._- <;.'Jf;Uj *! UNIt :O~N.5: DuILOlNG A. 142 KE.YS BUU.DlNGB.1!1!<E.~ TOTAL KE'YS-;- 2EO KEYS ., , '. , ; i i ! i ! i i i "~l , i i ! i \ g , , , '. I i j >> ! I I i i j j i j~ ,- ,'I ," .- i; ,9 i i i i j i i j ! ! i ! j ! ! i i j j ! '" .. 0- " .. '0 " \: '" " ., " ;l-J :;:....rc." """" " ,.. " tJ !!l o !t? '" --.-=:::..---==::::::::::=::......... BULD"G A. 7 STOA~.~.:Un_~ ---3~:..!.J'IDTE~ 315 ROOMS 113 ~~:~ --- --:.==1=:-.:::'.='''''~ ....- -------- --..---------....-'-....- _._--=====--~- ~--------~~~~~~-:~- .~---~. ~------------------~--.---l--- 1 lltll"'I',ft' ,I BP: Ix:har of' lK:ll'r;tIlI'l"1. 1"~~'~:~f;.~'~~~:~(1'11 I K:~I, n~l.ll:J:L, --;-;:~~,~~~~.~;:::: I [ . ........ " :"':'.::~I~::;'" ',:.;.. H It;IV~~.'''.'UW'LCI: ./oRIIolU1 H{~ ~~Cl.,('1 tl;'.~ en ...J W f- a 0:: ~ ~ 0 0 U- ti:: ~ z (!) a x' (ii ~ w en 0 w '" u 0:: ~ ;:: <: ~ ~ ::; w Z ~ I <( U U d U) a: a 0:: f- 1 "P@E~C~':.~,., 1.- ~ .:. ";;-;;;;; -~::..,.~.::~::. ..--...-- .-.-- - .-.-- ---.--.. -- .-..,.--...- ~'(':K"lC' DIGl1l910 "U:T';~'y.-"_. 10 OCTOBER 2009 .;:o.;,\;;.::~-.i;"'i-- lEVEL" POOl Af'lO AM~NltJES A1.3 mr".-.n!...; ii j I !i ! L, Ii i I" ! . j i Ii I I I Ii j i ___ i 1/ j V J-,I, II j i "'",11/ ll! ii I II 1''1 LJI III Ii i i III I' j ! ,I II iiJ Ii 11 ,11 I! ,iI 11:1 k-n.'/ 'I'il i j I n I ii, I.' ,id, I' I".", I ~Il j Iii L----11 i .r---N 1 I!U1 Ii 111'/ i/ i, III III i III dll~2'! 11'1 ! ! I I 1*1 'ill "." I Ii 'I 1~'1 I ( ~ ill ! i i I ~ ~ 1 I I !I ~ ! i J! ~ if I 1,111 ~ li-'-1' II : ~~ I Ilili Iii i "I Iii ! ! II III I 'I ',I' Ii! i I I, in,! I Ii 1 Ii Iii 'II I III I I ill, lll!.i, Iii ili I I i III '~II!.i;:11 \ i" I! ' I ~ II! 1 I! ~ ~I i III l III iil \l II i ! i! z Ii!! I! ~~.~~ll~'" ~,!\,l, -. ~ I' ~ Iii !l I._..j 1 l ~ I j: > .~ i 1: I /1 I': I I! i~ '~I~ ",~~I~I~ ~I~ ~!~,; ~io:.I~I! J!!i-c '0 l~ u r ~ " '" ~ ~. I " ~ II IS ~ , L~ 18 oj -.....:....-..--.--------1 ! ! j ! i i i ..i"I,."I"'''' Iii I I ~. Ii !'~~I ! i .<, ' Iii ji * I,i i'I' .<l AI<, i~1 ,Ii !II I~~'; '.. 'n 'n '. ..n..n....T.'"......mn... ,m....r,1 I i-'J!iil I ~L; ~; .z.!.!11 ~ \ -i t. ]11 I : ,____JJ ',L '\'\ N'j' I 1/ 11 '; J II\~ I ~:,'~~i~. ",Iii I ~iUl9, '!. jI I ~I"'~~ 1\1 'ill I ;I~~ i 'ili I i In ! Ij; \ 1'1 . .2\ III \ "iil ' Iii! j! l u " ~ I ,\ ~ ~ ! r' *!i ~I iii " Iii 11 *1'1 c '<1! 18 id Iii I!! I ! ~,!l! <is ~jI IiI IS l!i HI IS Iii c Iii ,., I" ,Ii ~f.'H.'r"",,^, ill ~,!h .2~ ._: j/*'<1' ,_,_'_'__'_'_'_'. I 'f. i ; ~~. Ii I';';:' 1 i !' "",I l ~ ~ z OJ SCHEMATIC DESIGN FOR . ;,',1 I ii!lle! ~ i ; ~.. : )> ~ I TROPICANA RESORT MOTELS H~ H~;! , \J ~ "< I-I ~l ~ :".. ~~ ~ 0 ! I ~ l~l~j "i j~.i I . ....~ ~ 2 i ~ ~ ~ ! ~ !~181 ClEARWATER BEACH. flORIDA , ,Hi ; " :~dE ~inl~IE ~lo : I~!~ ~ ,lei! : i81~ : J ! ~ ~r~ l ~I ~ "'i' 'i ~J I ,I I " ~I' r t ---: ~~D b"~ " '\. 1 O---L ',;-- ,,~ I ( ",I; ~ ;.~~~l~~ ~ " I r;t, 8~q' "IY ;' ,r '3~ ~ , i !r~ ~ If!!; (I II Ii Ii 'I II 'I I, Ii II I' ,I II " ij Ii i! Ii ,I II d " Ii \ \ ,,~ I il~ ! ro-u i: i' IP~ 18!~ , C I' , Ii : !l I, ! Ii Ii Ii !i " 'I ! II Ii '" ~ !nm if"'" Ii '1 ; !::::j[ SI t:::1' al I HI mil " Ii " I; ,., I! ifl !l ~ 1I I~l 'I " II I, " I' ,! r:-- Ii ! i L_._._._._._._._._._._._._._._ -.- -.- - -,- \\ '~ 8 '" il ....~,H-~':"""'''t !i; ,,' (ill !l L-~ I Ii !ih II! .1,. I" 1 !>! f'--t1i I! n [1: i I,n 'Wi,.." I ~Ii;-H! i IiLJ ill I Ir~: j Ii iir" i ill I.. ii; cj 1/ i g ~ =:j':~ IIi I ? ~ II't 'I' ~ ~ I I II' n:; :l j II I HI HI Iii \j Hi :I,II!I 1 i. II ,I ! FOOl' II , g ,I 1111 rtrI' '" oi~! Ii II ,J .; :1 Iii, !J 1'1' ~ I, '1' I - I "I I I r-il !" ,~ '----11 ill. .,Ii:'! I I' 11 :.ll.,r. ,! 1 Hi <i1!I~ I i =:j' "\ "II I: I! II' II I q:>~'l, I,i !II i ;1' ! i.. I'I III I l' ! I I! I, . 'I'!! 'I L___.__ --"-- . II; ;Al \.. -' _' H , .! I,il !i r-- , !} i l 'T~ r I, ! i I '1 i) i i 'III I Ii i k!ll I Ii U 1 L"~l II H !II ,n~ ; ii! "-HI nil rLJill! iii II ill L;d1.J Hi' U I Ilq iii I N III~: I~ I ~d~11 II ~ Ji ~.i III , ." 'I I I ~ 1. jJ I, ^ IH'.' 1'1 I'~'! , ,I 1 i H ;\11 ~i Ii , \ ~" ; "JI =11 II Ii I!I' Ii! II d ::! I' !' 'I' Ildl \II.!~ 'I .,. I' :!J\'~, II '. cd!! 1II"f.:~111" " ! l 1 f;,~ I I! i Iii r. ,i II' I' i" I' 119 Ii ill ,\ Ii ;~~J '''Iii II II '( jl, 'ii ii I~H )A/ tL--. ;-"-..-.-- 11 Ii ,; i ;ji I, Ir;!~~. -/Ii' I ~ il .to.. .. I~II :iIO. r\ j~'-'~; I !l.. I \ i ; ~ : /1, f,~-OJ ' 'N J r-...n----.n.....n'.h..'.-\'.IlI. i"~ 1\ (! \ i \ i "II, IIi r~i .J iI! if II H~I IWII'!I: Lr----j' ., 'I ,II il1i !ill F w ".. I" ii. I I ~ r- :~p.,; II ~ ~ JiJ;j II o :i f Iii l::! I]' II ~ ,I' ill. Z 'L' 'I " i.: i.' >===i , . Ii ~ I' Iii 'i 'j III ;: ! I Ii m r, h rii Ii ~ I j r- I] I:! ~i III Ii Iii c:=jl ijl i[ ill ^ I "II ' qll'i II I I I] f. ; , ; ~q~~ a: il II ~f[J' I' , , '1'1 "I ."Iil! "' I ; , Hi i' Ii j , < =1. I" ,.; ; i, I'i I Ii 9 !i i Ii 11II '1' I,. 'I I l" < . I · I' ,', , -: ====j :.A I.] l\ ~I ~. I' I '. H 1] , I j Ijl Ii .------.-. , ~ I (I \~ ~ j Ii " J. " 11'~~]\\ :1; jt :! 1; Iii JUt "J r II ii' I J H Ii U~lll 1/ I! LJ j"\ II', Illi~~ 111~1"I'.~~i Odl'iljl U -U1U11/ if -H- ~ ~ II~.! J II I,' -~~ F".]~:'~",2 \ 1( ~~ WW1. II ," ,', · i !I' ~ II /1 Il~-----~~-.-------i I, I ~.IIII II M -:~ I~I \ ! ! III il ~~--~1 ' ! . ~ I~ l I~ '(1~!11~i.~.'-f,:.~.'.i';-~ =il illl i; II ,'"- 1; ;"::" .~ i~ il, II ! I <l-: ---: ~ !, dl II I~ , :-=.~ ':,.' -<> '. l;' .::;:':.1! ; I ! J!: lilj~(; i'f:"i::~~;:::jj:~;l , rill, . c.n- ,..' -<>". Ji'r' :I~I ]-I! l.~~rJJfiri:~_ : "l r-- ---.--- -- --~ I II __~:. I I i it j I ri".";~ ;1. i Ii ) )\ ~~!~I , . , , . u\;".".h.h.1 I ! \. ;' J \ i i / .~, , ... i 1 \ ' \ , )> IV ~ ~ - "D! 1,1", ile! .Im; II"~! fl51 I iI"I TROPICANA RESORT MOTELS SCHEMATIC DESIGN FOR c 2 ~ CLEARWATER BEACH. FLORIDA !---.---.-------- ''--'' j!; Ii' . . l...I , '.! " \: i' d I' jl II ]1 ,I I' ,I j! ., It "_." ~:;~ 1 ~J ii-".~'{l.--u- '-1' . ~1 :/ )\ .J! · r: hT-.'--" , ~:liH \\ :; !~r :J.:=.~.".""." \. i Ii '~~ . '''''''''-''','1' I =t, i~; \ I ~ ! - -A ! '.. J f n_...! ~1';ij, i t, ~ .'. __n_n____ -n-'i~ i \ " ,::::"--,,.2~ I I '--,:. ~=dl I r__U__Uh., ~ 1=: " :1 b;:.; '1:1. i. ~ i ~mm,....j' ~ ::,..: .\.! i 'j i __~-~~~~t~t~l ~l' ~~; :..~ ," " ," '--h:..~l.i'Lf~;HE..l... ....._.."_....-i.: L'-:~ l~ ~ ?_~ V"~ ' IL ~ J7 . n' I 1 ~ . ~, ;: i ~" ~~'-.".I :;:)1 nr , .~., .. :\1;1 OJ ,\J ! I..; . j, ~ I ~ a: .ii" >i M I I I I ! ~: I: il~ , i~ Iii I II , i . H -= .. I ~ ~i ~~ ~. ~i i ~p ~ ~ ~ ~i. 11 - -~ ........; ~i .i ~i ~ ! ! I J i' I I ..-....~..........~ .. i ! l I~ "I. . ! t ! I 11" ~ iili uj I f i u{ i ~ ' J . II , I i ~I 1 ! i - I , ~ . f Wu~ " OJ r! I li,i~1 i ~ l )> :;i "'"~I TROPICANA RESORT MOTELS '." . ""D J I II~ j'l;; mti~ w 0 Ii III!;!! '"I . . !i ! . I l,ll8[ ~ I I , ClEARWATER BEACH. FLORIDA ~ l~;d ~ , ! i N i l<..,J~ ('....""'9 I.,.. ._I'~_":...~~:.':I~~. ,,,,,,-i 1 Hc~"', Rau'. r......... } .. Ill,,! 1.~...,1 H.Moi l~""f, II,>WI ~ I ".... ~ ..,",~ l".."~ ,~" ~ h""'.' P......1Q ll"'...2r:>....'II 1 :;,~,::'";-~\ ~.1m'- "--m ~-- - IT . - ~ -- - - ..--. .-.-_.- - - - - "-!. ~_; ;-., . -1-.--1- ~-.--- ----- .. ) ,-..-: u-J-'nr ---1j- L_ -- :'Q- -;~- - ~ '~----'I.== ~-.. .:.. --. ~ =-- '-:-':'i::- '== .... -=:= 6:= _.__.......~- .-~ _Om' -----L-, ~=.;~ -- jg! ~ r _ ..... EEl EEl EEl EEl J __ ..... EEl EEl EEl EEl l f-.. III ... EEl EEl . EEl EEl t.. ~I"..'~.~'''''''''' .-r, ..... h..,Hulol Lo....'HnIoI ! '"ffltltHtll"' ! l_)Ho!ol i ~ LQooI.Holal , i ~: ~ - - HlllIIIt.......S , ; ._. Iil\l<Jt"."" --' , ! I"I1l/fll1"....'b , : Ii"",. tUWI& .-- : ~ , "Old L~'VOI. -- l .-- P.....IIll_3 0.- P......OlIlIM:12 .. .. __ 11'NQVO Ill'E ;;:;:-~",f'l>rl<lIOlc.(JIl - ... l".....3P'"'"'ll j@ .. '- - =......,..._..=.~<=-.~.,...........,,""........~................."'-= ; --- :""'- = Lo,,(l!2P.....0,l ~ . ~.... r>"'LC~;-_ ___. ~=;::.:- ~C{;j~~~~~~~; ~:-; .... _:. ! --II:!. [J EEl EEl EEl l!!I!II im -Hf EEl EEl EEl EEl EEl EB EEl EEl mm'~ -~ '-...-J! ::H ...... _ .__ l::~"'~'~'" II! HI HI 8383 83EB 8383 8383 HI HI """ ~ I '-J! . :II . mlif - EB83 8383 EB83 8383 HI HI """ i _ ; :=~~.. _ ~..... rfe -- II .. _11 0 HI HI 8383 8383 8383 8383 HI HI.... 1 :"._ 11co5I_' 83 . - \- '::::;~""'I-J W __ _...-;; I.- _ ; "......,_, ~ I - ~ ~ -L:l :.:t- __ '< p....<lII L'''o$~ ....~:;~-;.~;:..~.p-.:t; "" rgg't=l=+- -- ~ f++--.- - - .~; r.;,;'~r.:l~r:\;1) ~::, 'm.. .. -....-.....- . ...-+__ =~:;.J--'-'" BUU.;:;;---------...--.------..--..---------;;.:;;-------t:-=::d---..----...-:~.' ":~+--~----- 8ft;lI'N(;VO l"......'_._ Poralr>(j- W(lI\lIlV,,,,NO\l hl>k:AI. _...._ ...1 \ -t..---- .._.____._.._~~$~'L.__ ._._~~_.. '--'___'_h_.t=:~=~:~ ,..J BuildIng "8:'--- Building .S. Building 'A" 0~~~aELEVATION NOTE: SEE COLOR ELEVATION $litEr AT FOR PAINT ANU MATERiAl COl.ORS 'tr_- Sc.t.lE,l'o20 8~~~~NEleVATION (HOTEL B) NOTE: SEE COLOR eLEVATION SHEET A7 FOR PAINT AND MATERIAL COLORS 8 ~~;>~.;,lEVATlON . CORONADO DRIVE NOTE: SEE COLOR ELEVATION SHEET A7 FOR PAINT AND MATERIAl COLORS Sundlng "A: .. ..,.- $I.:..UI'.W ~-- - OC"'-E,"ON ~_... BP.. helliu. ... PClt'rfHIl't'Z 11:1 '...... ~1l,,1l~ ",r...1 t...'iI"I....I~.ll :r.Ljh\ rll.itl.;J7:..I'IIIl.; fll:~I.I:I!I.fI:l:lj A.\:l{jUOI1f1~ [----.--] "...,...".",,,,..,..,'.'" '.'."'''''''",,- ,"',.., '.-.... .. .~.. "'-.,..,,, .....,,,. '" '.. ......'..,." '," ..~. .. If;IVANl.l't,lI.lo\.It'Ill:;( ."f!a-u:a Il(Ifo\<UA en ...J W I- o ~ l- e::: o en w e::: <( z <( u a: o e::: I- '" o ~ ~ "' 0: l!! < ~ " .:.p~ctb~~~- : . _'u :::~;;:; - .....----- ~.(',H'....:' 01Gl.0910 3r.if'i:..".... 18 OCTOBER 200ll ,~;.:;;.I:)'i'"ii...-._..._-~... HFVAnONS A4 EXHIBIT C Evidence of Ownership ( deeds) Agostino DiGiovanni, Franscesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust being the owners of Parcel 08/29/15/17604/000/0020 and Flamingo Bay Condominium Developers, LLC being the owner of Parcel 08/29/15/17604/000/0030 I#: 2005300871 BK: 14494 PG: 2393, 08/01/2005 at 03:34 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $27300.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY / FL BY DEPUTY CLERK: CLKDMC1 /(.\D \, .:.) ) ~ I..''''..........:'.... ~: ( {--'\, ) ".>' ( ....... /~ ~~~...'.~~.;:....../ ! ~ "" l: \ '. l ~ "'. ".. ,. .' W A".R RAN T Y DEE D " THIS WA;~~!Y DEE~.is given this ISI-, ~a~ oft?J.(fd' ,2005, by M~A J. SHAH, an unre1TI~eQ Widow, IndlVldually, and as SurvlVlng Trustee of the Shah FamIly Trust dated July 16,)-~9~;~ well as in her capacity as Trustee of the Marital Trust "An and Decedent's Trust "Bn un~e(tlf~'Shah Family Trust Agreement dated July 16, 1993 ("Grantor") to FLAMINGO BA Y CONDQ~ DEVELOPERS, LLC, a Florida Limited Liability Company ("Grantee") whose ~~J~~~adress is 163 Bayside Drive, Clearwater, FL 33767 , .!., ../~iPmsSETH, that the Grantor, for and in consideration ofTen Dollars ($10.00) and other gooqJn,d<Xaluable consideration to Grantor in hand paid by Grantees, the receipt and sufficiency of wh1~h,,~,fiereby acknowledged, has granted, bargained, and sold to the Grantees, and Grantees' l}e.kS';..subcessors and assigns forever, the following real property, in Pinellas County, Florida, tAs.~~&d as follows: .... .......-....... /""..:::., '.0")," ...., ',' ,,; ,"'- '\ ( "-.V .' , , .....,_.of The Southerly 45 feet of Lots 2 and 2A, and all of Lots 3, 3A, 4 and 4A, Columbia Subdivision No.3, recorded in Plat Book 27, page 46, Public Records of Pinellas County, Florida Parcel No. 08/29/15/17604/000/0030 Together with, but without warranty, all riparian rights, rights of accretion and reliction and other water rights appurtenant to said property. TOGETHER with all of the tenements, hereditaments, and appurtenances thereto belonging or in any way appertaining, subject only to all easements, covenants, conditions, restrictions, reservations, and like matters of record, if any (provided, however, that this reference shall not serve to reimpose same) and ad valorem taxes for the current year and all subsequent years; AND, the Grantor does hereby covenant with the Grantees that the Grantor is fully seized of the described real property in fee simple; that the Grantor has good right and lawful authority to sell and convey the described real property; that the described real property is free from encumbrances, except as indicated herein; that the Grantees shall have quiet possession of the described real property; that the Grantor will execute or procure any further necessary assurances of title to the described real property; and that the Grantor hereby fully warrants the title to qa~ . L' Douglas N. Menchise. P.A. 300 Turner Street Clearwater. FL 33756 PlNELLAS COUNTY FL OFF. REC. BK 14494 PG 2394 /\ \ I -~-.,~, \ ~;:.~.,~.~.,,~) ./ ..~ .~ ,~ t..../,/ ...-,-"::,,,, -~.: the described real property (a~d\ \\{ili defend the same against the lawful claims of all persons whomsoever. ..,\-,.j ./ , / ~.~., -' ~.J ," IN WITNESS ~~~OF, the Grantor has executed this deed as of the day and year first .........'" above written. ,'-, -.... f.. "', ____ '.' ........... -..... ,/ Signed, sealed & l;leliv. . .e,.d . h of\ "'- ...., In t e presence ..: \. "f'v' ~-'-\ '; ohfi>c..6I}ti ,/ t.:/)..-..../ /->,,--:,,~ i !......... t I ~\.i} ;......::-. .~.; ,I c....... ,..../ J"""-.........;.. ... (StATE OF FLORIDA ) .c.::::.:., _'~. )ss. Clearwater ("-...~~d5UNTY OF PINELLAS ) ',~",._.i Ma a J. Shah, an nnr arried widow, ividually and as Surviving Trustee of The Shah Family Trust dated 7/16/1993, and Trustee of Marital Trust "A" and Decedent's Trust "B" Under the Shah Family Trust dated 7/16/1993 I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MANNA J. SHAH, 0 who is know to me or l3'who produced t:t.. .4P.-lW\Jc. dlLwit- rJ;',,~ as identification and who executed the foregoing instrument and acknowledged before me the execution of the same. WITNE SS my hand and official seal in the co:z:nty . d State last aforesaid t~s /.rl- of a'~aUIJ;-- , 2005. ./ . -/ f /J ,/j (, ~) /A/..L-o , NOTARYPUBUC My Commission Expires: i>'''''\. ,~; Or".r day R:\wp51\CLIENTS\SHAH\W ARRANTY DEED TO FLAMINGO BAY CONDOMINIUM. Notary Public Slate of Florida Sandra L Servidio My Commission 00431918 Expires 0612512009 .; I#: 2004470137 BK: 13977 PG: 909, 12/02/2004 at 05:35 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $24850.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM03 ..-\ \ \ " ~1 f'.'~' I().) .""'. ~ "S. PREPARED BY AND RE~~':> ~tephen o. Cole, EsqU{t~ Macfarlane Fergusol)<~"~cMullen 625 Court Street, ~U~~$ 200 Post Office Box liiJ3~:...f33757) Clearwater, Flor\da) 33756 .- . "'..... ....,. '\ \- ;' ,.,\,'" ['" "". \....\ ,:' .f'-.~) ~:~~'-v:...;-- <::\;=~) +~J~<rNDENTURE i..... '- .JEDE(}~9~RATJ:ON mc., a Florida coxporation, of the County of Pin~~~, and the State of Florida, Party of the First Part, whose (\~ ~ . ~~~r~ng address is 2919 West Bay Drive, Belleair Bluffs, Florida r.':':":':, '. {~:!3':!;; 0, and JOHN CONTJ:, FRANCESCO CARRJ:ERA and AGOSTJ:NO DJ:GJ:OVANNJ:, . '\" (,-.)a,~ Co-Trustees of TROPJ:CANA RESORT LAND TRUST, with full power a~d '-.....,: authority either to protect, conserve and to sell, lease, WARRANTY DEED made this .t!:ay of December 2004, between encumber, including all powers as set forth in F.S.689.07!, or otherwise dispose of the real property described herein, Party of 6A-ys, be? k. the Second Part, whose mailing address is t~~4Lw~ J::i. ;';7' 7 . /(, 3 WIT N E SSE T H: That the said Party of the First Part, for and in consid- eration of the sum of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, unto the said Party of the Second Part and its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, and State of Florida, more particularly described as follows: SEE EXBJ:BJ:T "A" ATTACHED HERETO AND HADE A PART HEREOF. Subject to 2005 real estate taxes; and restrictions, reservations and easements of record. Parcel 1.0. No. 08/29/15/17604/000/0010 Together with all the tenements, hereditaments and appur- tenances, with every privilege, right, ti.tle, interest and estate, -1- PINELLAS COUNTY FL OFF. REC. BK 13977 PG 910 r---- - -- - dower and .~", <".':..:~ ) ...~.-~....:.~,- "-.: ( (',\ "j'~ l .....~:. i .......\. .' /".../ .~\_;...J ~ \..."' ) rigl;lt >'-.<i{ dower, easement reversion, remainder and thereto belong~~~or in anywise appertaining. . . TO HAvt,.:--A'W-O TO HOLO the same in fee simple forever. l. ~ /,," ." - \. i And J.i;~~:-s,aid Party of the First Part does covenant with the ; .p. ......; said pa,;r:_~t.:J:t- the Second Part that it is lawfully seized of the /............. ;" said pr:ern-l.~es, that it are free of all encumbrance, and that it has <'i"d) right and lawful authority to sell the same; and that sC\i-a:J?~'rty of the First Part doth hereby fully warrant the title / (\. \ ,e-d_:-s~{d land, and will defend the same against the lawful claims r'~~, ...,~ . ,:<. crt-all persons whomsoever. I .,..... ...... '. ,,- - . <>.) ) - IN WITNESS WHEREOF, the said Party of the First Part has ,~...oIl hereunto set its hand and seal the day and year first above writ- ten. Signed, Sealed and Oelivered in Our Presence: JEOE CORPORATION, INC., a Florid"corporation / .' pr~~ ,e'7........ c:;o ~ Print Name C 0. Cck STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that before me personally appeared DEBORAH WELLS, -as President of JEDE CORPORATION, INC., a Florida corporation, ~ to me personally known, [ ] or who has produced a current/valid driver's license as identification and who did take an oath, known .to me to be the persons described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to their free act and deed as such officers, for the uses and purposes therein expressed, and the said instrument is the act and deed of said corporation. and WITNESS my ha~nd offi~l seal at Clearwater, said County State, this ~ day of ~~ ~ 2004. No~--f Pr nt Name: My Commission Expires: [SEAL] ""'Ilo.. JPoul~ !'~~ My (;ommIMIcn llDl~ '\'1'"..1 E>pIrM Aug\lIIl0. 2D06 -2- PlNELLAS COUNTY FL OFF. REC. BK 13977 PG 911 /\ --"'~'. \, '~,:~) '.'~~;:l1m ..,II n (:~:.\~ /~~.~;.. ~~ ,_./ \. \.J ) ~ot3 1 and lh, CbLuMDIA SUDOIV!SIOH NO.3, accordinq ~o plat thereot recorded in Plat Book 27, paq8 4., Pu~lic Record3 at Pinellas COUDty, Florida; LE$S,tb_. South 26.5 :.et ot said Lot lA; and &lso less t~. tollov1nq d~~~ri~ed portion ot Lot 1: DeqiD at a point in the West boundary cil:-....~:i~. L.ot 1, whicll said point is locatod 2(.87 tut North alon9 tlle\~~~~;line tram the Southwest corDer at said Lot tor a Point of De9inniJiq.;:'..!'J(d tram the Point at DeqinDinq thus estAblished, run thence South ,~~i3\anc. ot :4.87 teet to the Bouthvest corner ot said Lot 1; run t~~D~,-}ast along the South boundary of said Lot 1, a distance at 110 ee~t\t~ t~e southeAst corner ot said ~ot; run thence North Alon9 the Eas~'~~Ub~ary of said lot a distAnce of 26.5 feet; run thence West in A stF.~qhF'1ine to tile established point at beqinninq. ,: /:/) ~."'.:' ,~t:~L2: ." ;........... '; i LO,!: 'Three (J) in Dlock A at COLUHDrA 110. 2 according to tile !lap or plat ".',thereot a3 recordod in Plllt Book 21 Page 7' at the Public Record.. ot I --'~i.~'ellas c3unc;y, Florida. i-f'7~ /f;;.~~:/ /~'...... ,,-:---~.:'. '.. '~''') <""."'\ ~ ~ ..... "'V l PARCEL 1: ......_~..I1 IN: 2004487453 BK: 14004 PG: 577, 12/15/2004 at 02:16 PM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $4433.80 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKRD25 Recording: ....!.ill. 0 Doc. stamps: 4.,.!l.U' Inl. tax: TOTAL: "~~":""'_'" TIllS INSTRUMENT WAS p!i# ^,RED BY AND, AFTER RECORDING, RETUIl.N'TQ: David R. Punzak, Esquire ...... CARLTON FlEWS, P'''''' .- 200 Central Avenue, SUlt<:..b06 .: SI. Petersburg, Florid, '33:7.PI, ... (727) 821-7000 \ \', "') (727) 822-3768 {FI'l'S~m.il.C' '., ...... \.'/ /.....~':'... ,-;-.. Gr.nl~'s TIN;~-+ ~1 tj '7 'is Z J)b Parcel Nos.:;.o8< - }'J75586.00I-001O /:9&.:i~,fs-175586-001-0020 ! </.~: "<0;.,. ,. ('., , <. ._~~~<) WARRANTY DEED ( C\ \1'HIS WARRANTY DEED is given this l!:. day of December, 2004, by (~~~ROS GALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER r-vN..oS TRUST AGREEMENT DATED MARCH 3,1997, and STAMO G. GALIATSATOS, /::;",3S.;Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED <.. ....~ARCH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida ''-'' ....." /13767 (collectively "Grantor") to AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA, and ....... JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with full power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or otherwise manage and dispose of the real property described herein, including all those powers as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive, Clearwater, Florida 33767 ("Grantee"). W ITNES SETH: THAT GRANTOR, for and in consideration of TEN AND NO/lOOmS DOLLARS ($ I 0.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt and legal sufficiency of which are hereby acknowledged by Grantor, has granted, bargained, and sold to Grantee, and Grantee's successors and assigns forever, all Grantor's undivided one third (113) interest (116 interest from each Grantor) in all of the real property in Pinellas County, Florida, described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Pronertv"); TOGETHER with: (i) all of the right, title, interest, claim, and demand which Grantor has in and to, all and singular, the benefits, rights, privileges, easements, tenements, hereditaments, and other appurtenances pertaining to the Property, if any; and (ii) all improvements of whatever kind, character, or description to or on the Property, if any; SUBJECT TO ad valorem taxes for the year 2005 and any other taxes or assessments levied or assessed against the Property subsequent to the date hereof, and all of the matters described in Exhibit "B" which is attached hereto and by this reference made a part hereof (collectively, the "Permitted Excentions"); STPIIS76982,) PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 578 .' ,. \ TO HA VB AND TO.H~~ the same in fee simple forever; and :'" '.:."......, GRANTOR hereb~ b.~\r~;ants with Grantee that it is lawfulIy seized of the Property in fee simple; that it has ,.gSXi~riiht and lawful authority to sell and convey the Property; that it hereby fulIy warrants th~-tillt to the Property and will defend the same against the lawful claims of alI persons whomso~er; and that the Property is free of all encumbrances, except for the Permitted Excepti~s( /, ....... ....' ,/ This is 4~Witl!:f~ial property and is not, nor has it ever been, the Homestead of the .... ,,"'- /..... Grantor, ,- "', \ \ <>< .}' IN }V~~SS WHEREOF, Grantor has executed this Warranty Deed on the day and year first above~1!en. /i~> .f;.~\"'\, 1....._,\ ~l~/~ ~/~ . ROS GALIATSA Tds, AS TRUSTEE OF THE ALEXANDROS GALIATSATOS INTER VNOS TRUST AGREEMENT DATED MARCH 3,1997 305 Coronado Drive Clearwater, Florida 33767 sl--<~, C~L;'~../.<;-.,lo STAMO G. GALIATSATOS, AS TRUSTEE OF THE ST AMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 (Print name legtblyon this line) srnS76982.1 2 PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 579 /\ '._~" \. /;::..~~) STATE OF FLORIDA <) (j :' COUNTY OF PINELLAS/-~:;",) . I ~.J. \- The foregoing i~:~t was acknowledged before me this ~ day of ~ 2004, by ALEXANDRP~~fJ-IATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER VIVOS TRUST'AGREEMENT DATED MARCH 3,1997 individu n the Trust. He is ~~o~lly known to me or has produced F[,p,- tel driver's license I no. (y 4~:l- tlJD ~~")'- 0"&4 -0 as identification. ,<;0~f My COl1lll}i~p~.Expires: \. \ I -" .... "-: i. ~ . rt4 (Printed Name) /~-;:,..) (Title or Rank) I ..--... .. /~>~~:} (Serial Number, if any) (~",::\~~. ~. "v (~.'-.); .......,1 STATE OF FLORIDA ) COUNTY OF ,PINELLAS ) The foregoing instrument was acknowledged before me this _ day of , 2004, by STAMO G. GALIATSATOS, as Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997, individually e e Trust. She is personally known to me or has producedA-4- (stat driver's )icense no (\-4~ -'liO-~'- ~1,:J - 0 as identification. :ARY SEAL) [),\VIOR.PII/VK ~'DO~ ......""~.fi~ My Commission Expires: (Title or Rank) (Serial Number, if any) 811'#576982, I 3 PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 580 /\ '. \ .:~-::'.... '\ r', .......~ /C) . '. . ( EXlUBIT"A" .~-"".--;...... ...., .: ,~.... \~J \ \) )Lel!al Description of Property /#:/:~_./ Lots 1 and 2, Block A, ~~~lA SUB. NO.2, according to the map or plat thereof as recorded in Plat Book 2t.pige 79, of the Public Records of Pine lias County, Florida. ~<'I.~,-...:'~:. \ ~~~~~) i'(~:~~:) /~'~>~:r/ /<?~. <~l~ ./):.:........\:. l :'.1': .~; (~~>\) 1.......\.-. / (..... '....~ -~.. r-~ .'\. {~,-\~-:';' . /'-\ t'" '~'~~~i' smS76982.\ 4 PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 581 /\ ,-..\. ~\. .....-. .) r-..... "-.-' <Z)2 . EXHIBIT "B" ,..-'.~...... ...~. '; ((\"f'" \ U / Permitted Exceptions /~.~/~~-"i I. Taxes for the y~il~-2'o95, and all subsequent years, which are not yet due and payable. ........,-_: 2. Matters on,Pl~t r~orded in Plat Book 21, Page 79, of the Public Records of Pine lias County, Florida. " '''. .~. / <~ ::;:..~\! 3. Rights,.t>n~~ts and possession under verbal leases. ,~ ........, / ,'"'. ";:,.. ',' 4. DeQ{at~'lql'iofUnity of Title recorded in Official Records Book 9849, beginning at Page 292, of~~!?>>c Records of Pine lias County, Florida. l',"I.... .~"" 5. ,/~~ht~.~f the United States Government andlor the State of Florid a arising under the Uni!C4p.ta!~s Government control over navigable waters and the inalienable rights of the State of Floiiciil iP the lands or water of similar character, as to any part of the Property which is s)l~ii:!~td beneath navigable waters or maybe artificially filled in land in what was formerly A~vigaJlle waters, and any accretions thereto. /....:_::~ ..<~.." \. .....--.../ (......-.\....'.~ '''\v '::<) 1 '../ STPI576982.1 5 Iff: 2005019858 BK: 14067 PG: 1895, 01/18/2005 at 03:14 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $15400.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC3 -- - --- .._'- , ~ \'. ':;1/ .--............-:~... ':: / :". \., (:~\~+) .....,....,... ..~<>,<> WARRANTY DEED ~ --..., ~......' . THIS ,~~~~'~TY DEED made the Jl day of January, 2005, by SEACOVE PARTNER~'if'l(if~m Illinois General Partnership, hereinafter called the grantor, to AGOSTIt,rQ:-P1910VANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co- Trustee,$'~({!1~Tropicana Resort Land Trust, with full power and authority to deal in and with t/;le 'P(operty or any interest therein including full power and authority to protect, (iJ con~erY~;~ell,lease, encumber, develop, manage or dispose of the property, including all pOYlftr~ i:A[lder FS689.071 (1), whose mailing address is 163 Bayway Drive, Clearwater, FL 3~6:r'tfelreinafter called the grantees: l<',.,':.IW1TNESSETH: That the grantor, for and in consideration of the sum of TEN ;-($.1'0:00) DOLLARS and other valuable considerations, receipt whereof is hereby I"'~'~crsriowledged, hereby grants, bargains, sells, alienss, remises, releases, conveys and '--.:: ....:cPnfirms unto the grantees, all that certain land situate in Pinellas County, Florida, to-wit: '.......-~il ..........'" FOR LEGAL SEE EXHIBIT 'A" AlTACHED HERETO TOGETHER with all the tenaments, 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 grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor 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 taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF. the said grantor has caused these presents to be signed and ~ealed the day and year first above written. Signed, sealed and delivered in our presence: SEACOVE PARTNERSHIP, an Illinois General Partnership ~ BY~dR~ ~ e L. ol:ierson, enera Partner BY:.o~~ Paul J. l>scher, General Partner STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared EARLE L. ROBERSON and PAUL J. HOBSCHEID, General Partners of SEACOVE PARTNERSHIP, an Illinois General Partnership, who are personally known to me or who produced driver's licenses as identification. They acknowledge that they executed the foregoing Warranty Deed for an on behalf of said partnership. ~'" WITNESS my hand and seal in the County and State last aforesaid this 0 day of January, 2005. Q)....~ JenyC Cobb i', i MYCOMt.ISSIoN, 0024&441 EliJIlllES v~. . ._~ber I~ 2001 "<.ii'. --'-_'AlN~1<<: RE:l'(Jm 'ID: Prepared by: JERRY C, <DBB, ESQUIRE 501 s. Ft. Harrison Ave., 1206 Clearwater, FL 33756 PlNELLAS COUNTY FL OFF. REC: BK 14067 PG 1896 .= .' ,', , , .........-::.. \. . , :" ~.,. ~ '\~~ ......} -/ J..$'.~<:---"" ((>'f :/ ~:~..'.::;;~../ \, \j ) PARCEL NO.1:""'.:' Lot 4 in Blotk),,6!,COLUMBlA SUBDIVISION NO.2, according to the map or plat thereofre9,(j~e(l~~'Plat Book 21, Page 79, of the Public Records of Pine lIas County, Florida. /,...:~~~'r/ "-. '" ,,-\ '>.- '-i P ARc'iti'No. 2: . li......~....~,.// '. ~1).ls-.t.nii'd 2-A, COLUMBIA SUBDIVISION NO.3, LESS the Southerly 45 feet thereof; .Jniti.:tll'al part of Lot 1 in COULUMBIA SUBDIVISION NO.3, described as follows: Begin ,/)~)oint in the West boundary of said lot, which said point is located 24.87 feet North nlong "-... '/s.iUd'line from tbe Southwest comer of said lot for a Point of Beginning; and from the Point /~-.. ~'QfBeginning thus established, run thence South a distllnce of24.87 feet to the Southwest ,\ \.:J ~omer of said lot; ron thence East along the South boundary of said lot a distance of 110 feet (. '~ _.-' to the Southeast comer of said lot; run thence North along the East boundary of said lot a r-.... ? distance of26.5 feet; run thence West in a straight line to the establfshed Point of Beginning. (~.......~'~~" Together with the South 26.5 feet of Lot I-A in said COLUMBlA SUBDIVISION NO.3, /---:'..')'\ v according to the map or plat thereof recorded in Plat Book 27, Page 46, of the Public Records ..... ',,' of PineD as County, Florida. ,~.....~/ . -'. '..~, ~".~~.., ') .., '~../ '. .. EXHIBIT "A" EXHIBIT D COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _ day of , 2009, by Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust and Flamingo Bay Condominium Developers, LLC, a Florida limited liability company (collectively, "Developer"). Developer is the owner of fee simple title to the real property described in Schedule A attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other g()od and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development. Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. Such units must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as a primary or permanent residence. 2.1.2 Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than 31 days, provided every occupancy is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. All hotel units shall be licensed as a public lodging establishment, a portion of which may be classified as a fractional share unit. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2009). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of 2 said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pin ell as County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] 3 IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _, day of2009. WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust John Conti, as Co-Trustee of the Tropicana Resort Land Trust FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company By: Agostino DiGiovanni President CITY OF CLEARWATER, FLORIDA By: William B. Home II, City Manager Attest: 4 Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or _ has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or _ has produced as identification. Notary Public Print Name: 5 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or _ has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of 2009, by Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or _ has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of ,2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Notary Public Print Name: 6 SCHEDULE A HOTEL "B" Lots 1,2,3,4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot lA, COLUMBIA SUBDIVISION NO.3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pin ell as County, Florida. LESS AND EXCEPT That part of said Lots 1 and 2, described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06045'36" W, 167.41 feet; thence N 83002'46" W, 99.73 feet; thence S 06057'14" W, 61.00 feet; thence S 09004'50" W, 23.34 feet; thence N 81044'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1,248.79 feet along the Arc ofa curve concave to the West having a Radius of6397.52 feet, Chord Bearing and Length being N 07008'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84027'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. EXHIBIT E COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Bums, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of , 2009 by Tropicana Resort Motels, LLC, a Florida limited liability company ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A'~ attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentenCe shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units that may be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _ day of ,2009. WITNESSES: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: John Conti, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company Printed Name: By: Agostino DiGiovanni President Printed Name: 2 CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Printed Name: Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or _ has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or _ has produced as identification. Notary Public Print Name: 3 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or _ has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or _ has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Notary Public Print Name: 4 SCHEDULE A HOTEL "B" Lots 1,2,3,4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot lA, COLUMBIA SUBDIVISION NO.3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. LESS AND EXCEPT That part of said Lots 1 and 2, described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06045'36" W, 167.41 feet; thence N 83002'46" W, 99.73 feet; thence S 06057'14" W, 61.00 feet; thence S 09004'50" W, 23.34 feet; thence N 81044'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1,248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07008'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84027'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. The parcel contains 35,730.06 square feet or 0.820 acres, more or less.