09-55
RESOLUTION 09 - 55
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
("CITY"), AUTHORIZING THE GRANT, SALE AND TRANSFER
TO SILVER DOLLAR SHOOTERS RESORT, L.L.C., A
DELAWARE LIMITED LIABILITY COMPANY ("BUYER"),
CERTAIN REAL PROPERTY AS LEGALLY DESCRIBED IN THAT
CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF
CLEARWATER, FLORIDA, TOGETHER WITH ALL
ATTACHMENTS THERETO ("CONTRACT"), APPENDED
HERETO AS EXHIBIT "A", PROVIDING FOR SAID GRANT, SALE
AND TRANSFER; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is the Lessor, and the Buyer is the Lessee under that
certain Lease Agreement dated February 14, 1994, as modified by that certain
Lease Modification Agreement dated February 4,2009 (collectively, the "Lease"),
for the lease of certain real property in Hillsborough County, Florida, as more
particularly described in the Lease (the "Property"); and,
WHEREAS, the Lease provides for a Right of First Refusal to purchase
the Property should the City declare the Property surplus and issue an invitation
for bid; and,
WHEREAS, in accordance with requirements of Section 2.01 (d)(5) of the
City Charter, on May 22, 2009 the City obtained an appraisal of the Property;
and,
WHEREAS, in an advertised public meeting on September 17, 2009 the
Clearwater City Council found the Property no longer served a valid purpose,
declared such Property surplus and authorized advertising for bid in the
minimum amount of its $240,000 appraised valuation pursuant to Invitation For
Bid 23-09 ("Bid"); and,
WHEREAS, said Bid was duly advertised and issued on September 21,
2009; and,
WHEREAS, Buyer exercised its Right of First Refusal during the bid
period by offering to purchase the Property for an amount not less than the
market value of the land; and,
WHEREAS, upon due mutual consideration, the City and Buyer have
concurrent herewith entered into that certain Contract providing for the terms of
said sale;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The grant, sale and transfer of the real property pursuant to
terms and conditions of the Contract as executed by its City Manager,
countersigned by its Mayor, and attested by its City Clerk, is hereby specifically
authorized.
Section 5. The City Manager or his designee is hereby authorized to
execute all related transaction closing documents and any corrective instruments
as may be required to perfect title with respect to the property described herein.
Section 6. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17th day of December
,2009.
, t,-fj/~
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
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Laura Mahony, Asst. City A
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EXHIBIT "A"
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida
(herein "Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager,
Phone: (727) 562-4050, and SILVER DOLLAR SHOOTERS RESORT, L.L.C, a Delaware limited liability
company having its primary business address at Two North Riverside Plaza, Suite 800, Chicago, Illinois
60606 (herein "Buyer"), Phone: (312) 279-1652, (collectively "Parties"), hereby agree that the Seller shall
sell and Buyer shall buy the following real property ("Real Property") upon the following terms and
conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPERTY DESCRIPTION
Part of the Southeast Y4 of Section 19, Township 27 South, Range 17 East, Hillsborough
County, Florida, said part being more particularly described as follows:
Commence at the Southeast corner of said Section 19, Then S89024'37" West, 1479.66 feet
along the South Boundary of the aforesaid Southeast Y4 of Section 19 to the POINT OF
BEGINNING; thence continue S89024'37" West, 300.00 feet along the South Boundary of the
aforesaid Southeast Y4; thence NOoo01 '00" East, 2638.35 feet; thence N89024'37" East,
300.00 feet; thence SOoo01 '00" West, 2639.35 feet to the POINT OF BEGINNING.
Containing 18.18 Acres, more or less
TOGETHER WITH a 25' Access Easement abutting platted 15' right of way, being a portion
of the Northeast Y4 of Section 19, Township 27 South, Range 17 East, Hillsborough County,
Florida, preliminarily and subject to field survey, being more particularly described as
follows:
Commence at the Southwest corner of the Northeast Y4 of the aforesaid Northeast Y4 of
Section 19, run thence East 155.00 feet, more or less, to the Southwest corner of Tract 13,
KEYSTONE PARK COLONY, according to the map or plat thereof as recorded in Plat Book
5, Page 55, Public Records of Hillsborough County, Florida; thence N02040'05" East, 15.00
feet to the POINT OF BEGINNING; thence continue N02040'50" East, 25.00 feet; thence East
950.00 feet, more or less; then S02040'50" West, 25.00 feet to the north boundary of a 15
foot platted right-of-way along the south boundary of Tracts 13 and 14, KEYSTONE PARK
COLONY, thence West 950.00 feet, more or less, along said right-of-way to the POINT OF
BEGINNING.
Containing 23,750 Sq. Ft. (0.545 Ac.), more or less.
STREET ADDRESS (City/State/Zip): None - Unimproved Land, Odessa, Florida 33556
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2. FULL PURCHASE PRICE ("Purchase Price")........................................ ... ...... ... ...$ 240,000.00
3. MANNER OF PAYMENT
Subject to any prorations and adjustments described in this Contract, Buyer agrees to pay the Purchase
Price to Seller and has deposited with Seller, Buyer's check No. 945736 dated 10/14/2009 in the sum of
$240,000.00 issued by Equity lifeStyle Properties, Inc. Seller has deposited the proceeds of said check
through it's standard escrow procedure, into non-interest bearing Escrow Account # 0650-00000-220790-
000-000-0000, in the name of Equity Life Style Properties (the "Deposit") and the Deposit shall be held in
escrow pending closing and credited against the Purchase Price at closing.
4. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open until such time as the contract is brought forward to
the Clearwater City Council for review and vote. Earl Barrett, Real Estate Services Manager of the City of
Clearwater, shall submit this Agreement to the Council for acceptance and approval, or rejection, at the
next regularly scheduled Council meeting following receipt of all related documents executed by Buyer. If
the Council approves this Agreement, it will be executed by duly authorized City officials as soon
thereafter as reasonably possible. Buyer shall be notified in writing within 5 days of such action and the
closing shall occur within thirty (30) days thereafter. If the Council does not approve the form of this
Agreement, Buyer shall be notified in writing within 5 days of such action and, in such notice, the City
shall communicate Council direction and SUbsequently carry out such direction.
5. TITLE
Seller shall convey marketable title to the Property by Special Warranty Deed, subject only to (i) the
matters set forth in the Title Commitment (as hereinafter defined), as marked, and (ii) any matters caused
or created by Buyer or its predecessors in interest to that certain Lease currently existing between the
parties hereto.
6. TITLE EVIDENCE
Buyer has obtained, at Buyer expense, a title insurance commitment (the ''Title Commitment") issued by
First American Title Insurance Company, which is attached hereto as Exhibit "A" and incorporated herein.
The Title Commitment describes the state of title of the Real Property. Seller shall convey a marketable
title subject only to the matters set forth in the Title Commitment, as marked. Marketable title shall be
determined according to applicable Title Standards adopted by The Florida Bar and in accordance with
law.
7. CERTAIN RIGHTS RESERVED
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an
undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all
the phosphate, minerals, and metals that are or may be in, on or under the real property described herein,
and an undivided one-half (1/2) interest in all the petroleum that is or may be in, on, or under said
property with the privilege to mine and develop the same. If the real property beina conveyed hereunder
is less than 20 contiauous acres. is presently developed and/or there exists future development plans.
and there is little likelihood of the presence of any of the minerals or petroleum contemplated by Section
270.11, Florida Statutes, in all such instances the City expressly releases the above described riahts.
Buyer's petition for such release is evidenced by execution of this contract.
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8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on the Property, or that improvements located on the
Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract
covenants or applicable governmental regulation, the same shall constitute a Title Defect. NOTICE:
Parcel is located within Special Flood Hazard Areas "AE" and "C", with the majority in the former,
Community Flood Map Panel #12057C0160H (08/28/2008)
9. CLOSING PLACE AND DATE
This transaction shall be closed in the offices of First American Title Insurance Company within thirty (30)
days following Seller's notice that the Council has approved this Agreement as provided in Section 4,
unless extended by other provisions of this Agreement. If either party is unable to comply with any
provision of this contract within the time allowed, and be prepared to close as set forth above, after
making all reasonable and diligent efforts to comply, then upon giving written notice to the other party,
time of closing may be extended up to 30 days without effect upon any other term, covenant or condition
contained in this contract; provided, however, that if closing is extended beyond February 13, 2010, Seller
and Buyer agree extend the expiration date of the term of the Amended Lease (on the existing terms of
such lease) until the closing up to the maximum timeframe permitted for closing as provided for in this
paragraph or as otherwise agreed to by the parties in writing.
10. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, corrective
instruments as applicable to this transaction, and other documents reasonably requested by First
American Title Insurance Company in order for it to issue an AL TA owner's policy of title insurance to
Buyer, showing title to the Property vested in Buyer or its assignee, subject only to the encumbrances
described in Section 5. Buyer shall furnish closing statement. At closing and as a condition of closing,
Buyer and Seller shall execute the Lease Termination, Release and Indemnity Agreement attached
hereto as "Exhibit "B".
11. CLOSING EXPENSES
Recordation of the deed in Hillsborough County, Florida, and Documentary stamps on the deed, unless
this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall
pay the costs of recording any corrective instruments.
12. PRORATIONS: CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for
third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full by Seller.
13. PROPERTY CONDITION
The parties acknowledge property being conveyed is currently under lease to Buyer, which shall
terminate upon closing, and the property shall be delivered in "as is" condition as maintained by Buyer.
Seller makes no warranties other than as disclosed herein and marketability of title. Buyer's covenant to
purchase the Property "as is" is more specifically represented in either subparagraph a. or b. as marked
[Xl.
3
a. [Xl As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property
in its present "as is" condition.
b. [ ] As Is With Right of Inspection: Buyer may, at Buyer expense and within 28 days from Effective
Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations
of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller
shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the
purposes of conducting the inspections provided, however, that all such persons enter the
Property and conduct the inspections and investigations at their own risk. Seller will, upon
reasonable notice, provide utilities services as may be required for Buyer's inspections and
investigations. Buyer shall not engage in any activity that could result in a mechanics lien being
filed against the Property without Seller's prior written consent. Buyer may terminate this contract
by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or
investigations reveal conditions that are reasonably unsatisfactory to Buyer, unless Seller elects
to repair of otherwise remedy such conditions to Buyer satisfaction. If this transaction does not
close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the
inspections and investigations and return the Property to its present condition.
14. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages,
costs, including attorney's fees, claims of injury to or death of any person(s), any damage to property of
Buyer, or the Property, and from and against any and every liability to any person arising from Buyer
conduct of inspections, investigations and any other work performed pursuant to Paragraphs 8 and 13
above
15. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Buyer shall advise Seller, in writing, not less than
ten (10) days prior to closing of the necessity to transfer the Deposit to any other party as an Escrow
Agent in order to facilitate the closing. Proceeds of sale shall be held in escrow by the Escrow Agent for
a period of not longer than 5 days from and after closing, during which time evidence of title shall be
continued at Buyer's expense to show title in Buyer, without any encumbrances or change not permitted
by Section 5 above. If there are any encumbrances or change not permitted by Section 5 above through
no fault of Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller
shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely
cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer
and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer
shall vacate the Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely
demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening
defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow
and closing procedure required by this provision may be waived if title agent insures adverse matters
pursuant to Section 627.7841, F.S. (1987), as amended.
16. DEFAULT
If Buyer fails to perform this contract within the time specified, the Deposit paid by Buyer may be retained
by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this
contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all
obligations under this contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights
under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after
diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific
performance or elect to receive the return of Buyer Deposit without thereby waiving any action for
damages resulting from Seller's breach.
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17. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health
unit.
18. CONTRACT NOT RECORDABLE: PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will
in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY: PERSONS BOUND
This contract is [ 1 assignable [Xl not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may
be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal
representatives, successors and assigns (if assignment is permitted).
21. ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any
damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is
determined that the other party has dealt with in contravention of this agreement; except, however, that
total City obligations under this provision shall be subject to the limits and restrictions of the Florida
sovereign immunity statute, F.S. 768.28.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any
other provision. In the event that any provision of this contract is held to be invalid, the parties agree that
the remaining provisions shall be deemed to be in full force and effect as if they had been executed by
both parties subsequent to the expungement of the invalid provision.
5
25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
26. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
27. SPECIAL CLAUSES
[X] Not applicable, OR [ ] An Addendum containing special clauses that constitute agreements and
covenants between the parties is attached to and an integral part of this contract and without further
acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum is
in conflict with any provision contained elsewhere in this contract, then the special clause shall govern.
28. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of
closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the
City forever harmless thereafter.
29. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or condition in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR
LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO
SIGNING.
Date:
,2009.
6
RE: Contract For Sale of Real Property
by the City of Clearwater, Florida
Buyer: Silver Dollar Shooters Resort, L.L.C.
and NHC-FL8, L.P.
~
APPROVED AND ACCEPTED THIS 23- day of ~<....arNv~
Countersigned:
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Frank V. Hibbard, Mayor
Approved as to form:
,20Qi.
CITY OF CLEARWATER, FLORIDA
By:
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Wi lam B. Horne, II, City Manager
ATTEST:
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7
Ex h'/~;-{- II
Form No. 1343
AL TA Plain Language Commitment
Title Insurance Commitment
ISSUED BY
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Issued By
First American Title Insurance Company
AGREEMENT TO ISSUE POLICY
We agree to Issue policy to you according to the terms of the Commitment. When we show the polley amount and your
name as the proposed Insured In Schedule A, this Commitment becomes effective as of the Commitment Date shown In
Schedule A.
If the Requirements shown In this Commitment have not been met within six months after the Commitment Date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Polley Is
Issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment Is limited by the following:
The Provisions In Schedule A.
The Requirements In Schedule B-1.
The Exceptions In Schedule B-II.
The Conditions on the other side of this page 1
This Commitment Is not valid without SCHEDULE A and Sections I and II of Schedule B.
First American Title Insurance Company
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By: V
President
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Page 1 of 10
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security Instrument. (b) "Public Records" means title records
that give constructive notice of matters affecting your title-according to the state statutes where your land Is located.
2. LATER DEFECTS
The Exceptions In Schedule B-Sectlon II may be amended to show any defects, liens or encumbrances that appear for
the first time In the pUblic records or are created or attach between the Commitment Date and the date on which all of
the Requirements (a) and (c) of Schedule B-Sectlon I are met. We shall have no liability to you because of this
amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown In Schedule B, we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable
to you according to Paragraph 4 below unless you knew of this Information and did not tell us about It In writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation Is to Issue to you the Polley referred to In this Commitment, when you have met Its Requirements.
If we have any liability to you for any loss you Incur because of an error In this Commitment, our liability will be limited
to your actual loss caused by your relying on this Commitment when you acted In good faith to:
Comply with the Requirements shown In Schedule B-Sectlon I
or
Eliminate with our written consent any Exceptions shown In Schedule B-Sectlon II.
We shall not be liable for more than the Policy Amount shown In Schedule A of this Commitment and our liability Is
subject to the terms of the Policy form to be Issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must
be based on this Commitment and Is subject to Its terms.
Page 2 of 10
First American Title Insurance Company
SCHEDULE A
Customer Reference No.: NCS-420131-CHI2
Agents File No:
Date Issued:
Date Effective:
NCS-420131-CLW2 Commitment No.: FA-C-420131
November 30, 2009
November 11, 2009 at 8:00 a.m.
1. Policy or Policies to be Issued:
(a) A.L.T.A. Owner's Policy Amount of Policy: $ 240,000.00
(10/17/92 with Florida Modifications)
Proposed Insured: Sliver Dollar Shooters Resort, LLC, a Delaware limited liability
company
(b) A.L.T.A. Loan Policy Amount of Policy:
(10/17/92 with Florida Modifications)
Proposed Insured:
2. The estate or Interest In the land described or referred to In this Commitment and covered herein Is
an estate designated as follows:
Fee Simple - as to Parcel I
Easement - as to Parcel II
3. Tltle to the estate or Interest In the land described or referred to In this Commitment and covered
herein (and designated as Indicated In No.2 above) Is, at the effective date hereof, vested In:
The City of Clearwater, Florida, a municipal corporation of the State of Florida
4. The land referred to In this Commitment Is In the State of Florida, County of Hlllsborough and
described as follows:
See Schedule "A" attached hereto and by this reference made a part hereof.
Arst American Tltle Insurance Company
By:
Authorized Signatory
THIS COMMITMENT IS FURNISHED BY FIRST AMERICAN TITlE INSURANCE COMPANY OR ITS POLICY ISSUING AGENT SOLELY FOR THE
ISSUANCE OF A POliCY OR POLICIES OF TITlE INSURANCE OF FIRST AMERICAN TITlE INSURANCE COMPANY. THIS COMMITMENT IS
NOT AN ABSTRAcr OR AN OPINION OF illLE. LIABILITY UNDER THIS COMMITMENT IS DEFINED BY AND LIMITED TO THE TERMS AND
CONDmoNS OF THIS COMMITMENT AND THE TITlE INSURANCE POLICY TO BE ISSUED. PERSONS AND ENTITIES NOT LISTED ABOVE AS
PROPOSED INSUREDS ARE NOT ENTITlED TO RELY UPON THIS COMMITMENT FOR ANY PURPOSE.
Page 3 of 10
First American Title Insurance Company
Schedule A (Continued)
Issuing Office File No.: NCS-420131-CLW2
Parcel I:
Part of the Southeast V4 of Section 19, Township 27 South, Range 17 East, Hlllsborough County, Florida,
said part being more particularly described as follows:
Commence at the Southeast corner of said Section 19, then 589024'37" West, 1479,66 feet along the
South Boundary of the aforesaid Southeast V4 of Section 19 to the Point of Beginning; thence continue
589024'37" West, 300,00 feet along the South Boundary of the aforesaid Southeast V4; thence
NOQo01'OQ" East, 2638.35 feet; thence N89024'37" East, 300,00 feet; thence 500001'00" West, 2639.35
feet to the Point of Beginning.
Parcel II:
A 25' Access Easement for the benefit of Parcel I abutting platted 15' right of way, being a portion of the
Northeast 114 of Section 19, Township 27 South, Range 17 East, Hlllsborough County, Florida,
preliminarily and subject to field survey, being more particularly described as follows:
Commence at the Southwest corner of the Northeast V4 of the aforesaid Northeast V4 of Section 19, run
thence East 155.00 feet, more or less, to the Southwest corner of Tract 13, KEYSTONE PARK COLONY,
according to the map or plat thereof as recorded In Plat Book 5, Page 55, Public Records of Hlllsborough
County, Florida; thence N02040'05" East, 15.00 feet to the Point of Beginning; thence continue
N02040'50" East, 25.00 feet; thence East 950.00 feet, more or less; then 502040'50" West, 25.00 feet to
the North boundary of a 15 foot platted right-of-way along the South boundary of Tracts 13 and 14,
KEYSTONE PARK COLONY, thence West 950.00 feet, more or less, along said right-of-way to the Point of
Beginning.
Page 4 of 10
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First American Title Insurance Company
SCHEDULE B-1
(Requirements)
Agents File No.: NCS-420131-CLW2
Commitment No.: FA-C-420131
The following are the requirements to be complied with:
1.
Payment to, or for the account of, the grantors or mortgagors the full consideration for the estate
or Interest to be Insured.
2.
Payment of all taxes, assessments, levied and assessed against subject premises, which are due
and payable.
3.
Satisfactory evidence shall be produced that all Improvements and/or repairs or alterations
thereto are completed; that contractor, subcontractor, labor and materialmen are all paid In full.
Instruments In Insurable form which must be properly executed, delivered and duly filed for
record:
(a) Deed conveying the land from City of Clearwater, signed In the name of the city or town
by the mayor or some other person authorized by the charter, In the presence of two
subscribing witnesses, duly attested by the city clerk and sealed with the municipal seal,
to Sliver Dollar Shooters Resort, LLC, a Delaware limited liability company.
In connection with said deed, we will further require:
1) Production of a certified copy of the municipal charter;
2) Certified copy of a proper resolution of the governing body of the municipal
corporation authorizing a sale of the property. The certified copy of the governing body's
resolution should be attached to the deed of conveyance and recorded with It;
3) Satisfactory evidence of compliance with all requirements regarding conveying
municipal property contained In the municipal charter; and
4) The Company reserves the right to amend the commitment, Including but not limited
to, the addition of further requirements and/or exceptions as It deems necessary based
upon a review of any of the documentation required above.
Proof satisfactory to the Company of a legal right of access from the land to be insured herein to
a publicly dedicated and maintained road right of way.
Submit an Affidavit of lltle, acceptable to First American lltle Insurance Company, executed by
or on behalf of The City of Clearwater, Florida, a municipal corporation of the State of Florida,
sufficient to afford Extended Coverage over Standard Exceptions 1, 4 and 6 In the Policy to be
Issued to the Insured (s), and shown In Schedule B-II hereof as 2, 5 and 7.
Submit a proper survey certified to all parties Involved In this transaction, Including but not
limited to, First American lltle Insurance Company.
Page 5 of 10
8. Note: The Company reserves the right to make additional requirements as It may deem
necessary.
Page 6 of 10
'{)qj JIl. ,b 'I
A~i JA~ ,f 5.
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First American Title Insurance Company
SCHEDULE B-II
(Exceptions)
Agents File No.: NCS-420131-CLW2
Commitment No.: FA-C-420131
Schedule B of this 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, or other matters which would be disclosed by
an accurate surveyor Inspection of the premises.
Af+>,' lien, or right to a lien, for se~Gbor, or material h~mllt{)fere or hercafter furnlsR~
'1mposed-by-/a~~ arid not sf'16Wfl-6y-t1:le-pybllc r€lcoJ:d&
6.
Any adverse claim to any portion of said land which has been created by artificial means or has
accreted to any such portion so created and riparian rights, If any.
:raXlili Qr srl'>("lal aliililiiR:J8RtB ',.1 IleI I ~I e Ilot sl,o.m 83 cxlstiR~ 118m; BY thc public reeerds.
8.
The lien of the taxes for the year 2010 and all subsequent years, which are not yet due and
payable.
Folio No.: 001689-0000
2009 taxes are EXEMPT
9.
Easement for Drainage Canal recorded In O.R. Book 458, Page 229.
19. The-b>rmc:. provisions ann rnnrlltlo~ed IR that certain P1emordlldCun of LeaseTe€6fEle6-iR
..Q...P....Sggj{ 19812, P:ilg~ 1474...
11. This Policy does not Insure title to the beds or bottoms of lakes, rivers or other bodies of water
located on or within the land described In Schedule "A".
12. Riparian and/or littoral rights are not Insured.
Page 7 of 10
First American Title Insurance Company
Florida Promulgated Closing Service Letter
The operation and scope of the following dosing protection letter ("Letter") Is limited to the transaction which Is the subject of the
commitment to which this Letter Is attached and Is also directed to those person(s) and/or entlty(les) set forth In the Letter and Identified as
a proposed Insured In the commitment.
Re: Issuing Agent: Agent countersigning the attached commitment.
When title Insurance of First American 17t1e Insurance Companyls speCified for your protection In connection with clOSings of real estate
transactions In which you are to be the lessee or purchaser of an Interest In land or a lender secured by a mortgage (Including any other
secunty Instrument) of an Interest In land, the First American 17tle Insurance Company, subject to the Conditions and Exclusions set forth
below, hereby agrees to reimburse you for actual loss Incurred by you In connection with such dosing when conducted by said Issuing Agent
when such loss anses out of:
1. Failure of said Issuing Agent to comply with your written closing Instructions to the extent that they relate to (a) the status of the title to
said Interest In land or the validity, enforceability and priority of the lien of said mortgage on said Interest In land, Including the obtaining of
documents and the disbursement of funds necessary to establish such status of title or lien, or (b) the obtaining of any other document,
speCifically required by you, but not to the extent that said Instructions require a determination of the validity, enforceability or effectiveness
of such other document, or (c) the collection and payment of funds due you, or
2. Fraud or dishonesty of said ISSUing Agent In handling your funds or documents In connection with such closing.
If you are a lender protected under the foregOing paragraph, your borrower In connection with a loan secured by a mortgage on a one to
four family dwelling shall be protected as If this letter were addressed to your borrower.
Conditions and Exclusions
A. The First American 77tle Insurance Companywlll not be liable to you for loss arising out of:
1. Failure of said ISSUing Agent to comply with your closing Instructions which require title Insurance protection Inconsistent with that set
forth In the title Insurance binder or commitment Issued by the First American 17tle Insurance Company. Instructions which require the
removal of specific exceptions to title or compliance with the requirements contained In said binder or commitment shall not be deemed to
be Inconsistent.
2. Loss or Impairment of your funds In the course of collection or while on deposit with a bank due to bank failure, Insolvency or
suspension, except such as shall result from failure of said Issuing Agent to comply with your written clOsing Instructions to deposit the
funds In a bank which you designated by name.
3. Mechanics' and matenalmen's liens In connection with your purchase or lease or construction loan transactions, except to the extent
that protection against such liens Is afforded by a title Insurance binder, commitment or policy of the FIrst American 17tle Insurance
Company.
4. The periodic disbursement of construction loan proceeds or funds furnished by the owner to pay for construction costs during the
construction of Improvements on the land to be Insured, unless an officer of the company has specifically accepted the responsibility to you
for such disbursement program In wntlng.
B. When the First American 17tle Insurance Company shall have reimbursed you pursuant to this letter, It shall be subrogated to all rights
and remedies which you would have had against any person or property had you not been so reimbursed. Liability of the First American 17tle
Insurance Company for such reimbursement shall be reduced to the extent that you have knOWingly and voluntarily Impaired the value of
such right of subrogation.
C. Any liability of the first American 77t1e Insurance Company for loss Incurred by you In connection with closings of real estate transactions
by said Issuing Agent shall be limited to the protection provided by this letter. However, this letter shall not affect the protection afforded by
a title Insurance binder, commitment or policy of first American 77tle Insurance Company. The dollar amount of liability hereby Incurred
shall not be greater than the amount of the title Insurance binder, commitment or policy of title Insurance to be Issued, and liability
hereunder as to any particular loan transaction shall be coextensive with liability under the policy Issued to you In connection with such
transaction. Payment In accordance with the terms of this letter shall reduce by the same amount the liability under such policy, and
payment under such policy shall reduce by the same amount the company's liability under the terms of this letter.
D. Oalms of loss shall be made promptly to the first Amerfcan 17t1e Insurance Company at Its principal office at 1 First American Way, Santa
Ana, California 92707. When the failure to give prompt notice shall prejudice the Arst American Title Insurance Company, then liability of
the FIrst Amerfcan 77t1e Insurance COmpany hereunder shaU be reduced to the extent of such prejudice. The FIrst American 17tle Insurance
Companyshall not be liable hereunder unless notice of loss In writing Is received by the First American 17t1e Insurance Companywlthln
ninety (90) days from the date of discovery of such loss.
E. Nothing contained herein shall be construed as authorizing compliance by any Issuing agent with any such closing Instructions, compliance
with which would constitute a violation of any applicable law, rule or regulation relating to the activity of title Insurers, their Issuing agents,
and their failure to comply with any such closing Instructions shall not create any liability under the terms of this letter.
F. The protection herein offered will be effective until cancelled by written notice from the FIrst American TItle Insurance Company. Any
prevlous Insured dosing Servlce letter or similar agreement Is hereby cancelled, except as to closings of your real estate transactions
regarding which you have previously sent (or within 30 days hereafter send) written closing Instructions to said Issuing Agent.
FIRST AMERICAN TITlE INSURANCE COMPANY
By: Vice President
Page 9 of 10
First American Title Insurance Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and In the future, we may ask you to provide us with certain
Information. We understand that you may be concerned about what we will do with such Information -
particularly any personal or flnanclallnformatlon. We agree that you have a right to know how we will
utilize the personal Information you provide to us. Therefore, together with our parent company, The
First American Corporation, we have adopted this Privacy Polley to govern the use and handling of your
personal Information.
Applicability
this Privacy Policy governs our use of the Information which you provide to us. It does not govern the
manner In which we may use Information we have obtained from any other source, such as Information
obtained from a public record or from another person or entity. First American has also adopted broader
gUidelines that govern our use of personal Information regardless of Its source. First American calls these
gUidelines Its Fair Information Values, a copy of which can be found on our webslte at www.f1rstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpubllc personal Information that
we may collect Include:
· Information we receive from you on applications, forms and In other communications to us,
whether In writing, In person, by telephone or any other means;
· Information about your transactions with us, our affiliated companies, or others; and
· Information we receive from a consumer reporting agency.
Use of Information
We request Information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your Information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such Information Indefinitely, InclUding the period after which any customer
relationship has ceased. Such Information may be used for any Internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpubllc personal Information
listed above to one or more of our affiliated companies. Such affiliated companies Include financial
service providers, such as title Insurers, property and casualty Insurers, and trust and Investment advisory
companies, or companies Involved In real estate services, such as appraisal companies, home warranty
companies, and escrow companies. Furthermore, we may also provide all the Information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated
companies, or to other financial Institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even If you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
Information. We restrict access to nonpubllc personal Information about you to those Individuals and
entities who need to know that Information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your Information will be handled
responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your non public personal Information.
Page 10 of 10
~.. ~ htbl+(b-
LEASE TERMINATION. RELEASE AND INDEMNITY AGREEMENT
THIS LEASE TERMINATION, RELEASE AND INDEMNITY AGREEMENT ("Termination
Agreement") is made as of the _ day of ,2009, by CITY OF CLEARWATER, a Municipal
Corporation of the State of Florida, having an address of P. O. Box 4748, Clearwater, Florida 33758-
4748, ATTENTION: City Manager ("Landlord"); SILVER DOLLAR SHOOTERS RESORT, L.L.C, a
Delaware limited liability company, having an address of Two North Riverside Plaza, Suite 800, Chicago,
Illinois 60606 ("SDSR"); NHC-FL8, L.P., a Delaware limited partnership, having an address of Two
North Riverside Plaza, Suite 800, Chicago, Illinois 60606 ("NHC-FL8"); MHC OPERATING LIMITED
PARTNERSHIP, a Illinois limited partnership, having an address of Two North Riverside Plaza, Suite
800, Chicago, Illinois 60606 ("MHC"); and EQUITY LIFESTYLE PROPERTIES, INC., a Maryland
corporation, having an address of Two North Riverside Plaza, Suite 800, Chicago, Illinois 60606
("ELS").
As used herein, "Tenant" shall mean SDSR.
As used herein, "Indemnitor(s)" shall mean SDSR, NHC-FL8, MHC and ELS,jointly and severally.
WITNESSETH
WHEREAS, Landlord and SILVER DOLLAR TRAP CLUB, INC., a Florida corporation
("SDTC") entered into a certain Lease Agreement dated February 14, 1994, as modified by that certain
Lease Modification Agreement dated February 4,2009 (collectively the "Lease"), for the lease of certain
property located in Hillsborough County, Florida, as described more particularly in the Lease
("Premises") ;
WHEREAS, SDTC and NHC-FL8 entered into a License Agreement dated February _ 1999,
and a License Agreement dated February 1,2000 (collectively, "License Agreements"), pursuant to which
SDTC granted a license to NHC-FL8 for the use of all or a portion of the Premises;
WHEREAS, SDTC, SDSR and NHC-FL8 entered into that certain Assignment, Assumption and
Modification Agreement dated February 4, 2009 ("Assignment Agreement"), pursuant to which SDTC
assigned its right, title and interest in, to and under the Lease to SDSR;
WHEREAS, the Landlord and SDSR entered into that certain Contract for Sale of Real Property
dated , 2009 ("Sale Contract"), pursuant to which SDSR agreed to purchase the
Premises from the Landlord;
WHEREAS, the Phase I Environmental Site Assessment dated March 28, 1994 prepared by
EnviroAssessments, Inc., and Phase II Environmental Site Assessment dated April 29, 1994 prepared by
EnviroAssessments, Inc. for the Premises did not reveal an environmental condition requiring any
remedial action; and
WHEREAS, the parties desire to terminate the Lease on the terms and conditions hereinafter set
forth and provide for an indemnity and release on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Recitals; Definitions. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Termination of Lease. The Lease shall terminate effective as of 12:01 a.m., Eastern Standard
Time, on the day of closing of the sale and transfer of the Premises to SDSR ("Termination Date") as if
the Termination Date were set forth in the Lease as the expiation date of the term of the Lease. Except as
expressly set forth in this Termination Agreement, neither Landlord nor Tenant shall have any obligations
or liability under the Lease after the Termination Date. Notwithstanding the foregoing, all of the
indemnity obligations of Tenant, SDTC, MHC and ELS contained in the Lease ("Tenant
Indemnifications") shall remain in full force and effect, shall survive the termination of the Lease, and
shall continue to benefit the Landlord after the closing of the Sale Contract. Further, in addition, and
without relieving any party of its respective indemnity obligations, Indemnitors hereby assume and agree
to fulfill all of the Tenant Indemnifications, without regard to the actual named party providing the
indemnity.
3. Lease Obligations. Tenant shall perform all of the Lease obligations and covenants required to
be performed or observed by Tenant up to and including the Termination Date, including, but not limited
to, the payment of all rent and other charges payable under the Lease through the Termination Date.
4. Estoppel. Tenant and Landlord each hereby certify and acknowledge to the other that, as of the
date of the mutual execution of this Termination Agreement: (a) neither Landlord nor Tenant is in default
in any respect under the Lease; (b) neither Landlord nor Tenant has any defenses to its obligations under
the Lease; and (c) Tenant has no offsets against rent. Tenant and Landlord each acknowledge and agree
that the representations herein set forth constitute material consideration to the parties in entering into this
Termination Agreement, such representations are being made by Tenant and Landlord for purposes of
inducing the other party to enter into this Termination Agreement, and each party is relying on such
representations in entering into this Termination Agreement.
5. No Transfer. Tenant and Landlord each represent and warrant that it has not, voluntarily or by
operation of law, effectuated or allowed an assignment, mortgage, or other transfer or encumbrance of all
or any part of its interest in the Lease, and Tenant has not sublet all or any part of the Premises. Tenant
and Landlord represent and warrant to each other that there are no Claims (as hereinafter defined) against
it in any way arising or resulting from or in connection with the Lease, and that there is no Claim,
agreement or other matter that would preclude or restrict the termination of the Lease provided for
hereunder or otherwise adversely affect this Termination Agreement or the enforceability thereof. Tenant
and Landlord agree to protect, defend, indemnify and hold the other party harmless from and against any
and all Claims in any way arising or resulting from or in connection with or related to a breach of any of
the representations and warranties contained in this Section.
6. Surrender of the Premises. As of the Termination Date, Tenant will be the fee simple owner of
the Premises, and, therefore, shall not surrender the Premises to Landlord.
7. Release. Indemnitors and their respective affiliated companies, consultants, fiduciaries, agents,
servants, employees, partners, shareholders, members, predecessors, advisors, managers, trustees,
ancillary trustees, beneficiaries, representatives, officers, directors, attorneys, guarantors, successors and
assigns (collectively and severally, the "Affiliated Entities") do hereby release and forever discharge
Landlord for and from any and all Claims which Indemnitors ever had, now have, or hereafter can, shall
or may have against Landlord for, upon or by reason of any matter, cause or thing whatsoever arising out
of or relating to the Lease or the Premises (each a "Released Claim"). Indemnitors and their respective
Affiliated Entities hereby covenant and agree to forever forbear from alleging, asserting, bringing,
commencing, instituting, maintaining, prosecuting or otherwise pursuing against Landlord any Released
2
Claim. Indemnitors and their respective Affiliated Entities further agree that this release may be pleaded
by Landlord as a full and complete defense to any Released Claim that may be alleged, asserted, brought,
commenced, instituted, maintained, prosecuted or otherwise pursued against Landlord.
"Claims" means any and all actions, adjudications, awards, causes of action, claims, costs,
damages (including, without limitation, consequential damages), demands, expenses (including, without
limitation, attorneys', consultants' and experts' fees and disbursements actually incurred in investigating,
defending, settling or prosecuting any claim, litigation or proceeding), fees, fines, forfeitures, injuries,
judgments, liabilities, liens, losses, obligations, orders, proceedings, penalties, stop notices and suits of
any kind or of any nature whatsoever, including, without limitation, any Claims related to the following:
(i) any Release (as defined below), threatened Release, Storage, Treatment,
accumulation, generation, utilization, Disposal, transportation or other handling or migration of any
Hazardous Substance (as defined below) on, in, onto, or from the Premises;
(ii) the violation or alleged violation of Environmental Laws (as defined below)
occurring on or related to the Premises; and
(iii) the costs of any required or necessary repair, removal, cleanup, remediation or
corrective action on the Premises and the preparation and implementation of any closure, remedial or
other required plans.
The terms "Storage", "Treatment" and "Disposal" shall have the same meanings and definitions as
set forth in the Resource Conservation and Recovery Act as amended 42 U.S.C. As 6901 et seq. or
regulations promulgated thereunder.
This Section shall survive the termination of the Lease and this Termination Agreement.
8. Tenant Indemnification. Tenant agrees to protect, defend, indemnify and hold Landlord and its
Affiliated Entities harmless from and against any and all Claims in any way arising or resulting from or in
connection with or related to: (a) Tenant's breach of the terms ofthis Termination Agreement, including,
without limitation, the representations and warranties contained herein; and (b) any injury to or death of
persons or damage to property that occurs at any time on or prior to the Termination Date, from any cause
whatsoever, by reason of the use, occupancy or enjoyment of the Premises by Tenant. Tenant's
indemnification obligations under this Section shall survive the termination of the Lease and this
Termination Agreement.
9. Default. In the event that any party to this Termination Agreement shall institute any action or
proceeding against any other party out of or based upon this Termination Agreement, or by reason of any
default hereunder, the prevailing party in such action or proceeding shall be entitled to recover from the
other party all costs of such action or proceeding, including reasonable attorneys' and paralegals' fees at
all trial and appellate levels and in bankruptcy.
10. Representations. Each party represents to the others that it has full power and authority to
execute this Termination Agreement.
11. Notices. Any notice that is sent or given under the terms of this Termination Agreement shall be
sent to the address first set forth above. Any notice given by United States mail shall be deemed so given
on the second business day after the same is deposited in the United States mail registered or certified
matter, addressed as above provided, with postage thereon fully prepaid. Any notice that is given by
another method shall be deemed to be delivered upon receipt by the party to whom the same is given.
3
The parties may from time to time notify the other of changes regarding where notices should be sent by
sending notification of such changes pursuant to this paragraph.
12. Miscellaneous. This Termination Agreement may be executed in any number of counterparts, all
of which, taken together, shall constitute one and the same instrument. It shall not be necessary when
making proof of this Termination Agreement to produce counterparts with original signatures, it being
agreed that photocopies of signatures or signatures received by facsimile transmission shall have the same
effect as original signatures. This Termination Agreement and the terms and provisions hereof shall inure
to the benefit of and be binding upon the heirs, successors and assigns of the parties. This Termination
Agreement shall be construed and enforced in accordance with the laws of the State of Florida. This
Termination Agreement may not be amended except in writing signed by both parties. If any of the
provisions of this Termination Agreement, or the application thereof to any person or circumstance, shall,
to any extent, be invalid or unenforceable, the remainder of this Termination Agreement or the
circumstances other than those as to whom or which it is held invalid or unenforceable shall not be
affected thereby, and every provision of this Termination Agreement shall be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Termination Agreement as of the date
first written above.
WITNESS:
CITY OF CLEARWATER, a Municipal
Corporation of the State of Florida:
See Attached Signature Page
By:
Name:
Title:
Name:
Name:
SILVER DOLLAR SHOOTERS RESORT,
L.L.C, a Delaware limited liability company
t}~ C-u/\/lA J.
1i~Yl1 Cvt J fMu/1-
Name: )
BY:~ .....
Name: t:G'iv/V'eri+ A. ~~I
Title: "--~_'..v.-, vP -t. ~
NHC-FL8, L.P.,
a Delaware limited partnership
By MHC NHC-FL8 GP, L.L.C.,
Its general partner
~~
~(fY'J J IUtJ0/"--
Name:
BY:/,~
Name: /4:7VNq-zr/- ~,4?I)'T
Title: ~';f~L~
4
Countersigned:
~/~~
'!=rank V. Hibbard
Mayor
Approved as to form:
. fJUfAL)NJ'-t'/J
Laura Mahony (..
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
/J~ ~.JL
William B. Horne II
City Manager
ia E. Goudeau
lerk
~~..
Najlh 0-7 J, kv?t/.Y<o.
Name:
~~.
N)ll11e: ~ tv
/71''47 . ,~L-
Name:
MHC OPERATING LIMITED
PARTNERSHIP, an Illinois limited
partnership
By:
By:
MHC Trust, its general partner
Equity LifeStyle Properties, Inc.,
its sole shareholder
BY:~~
Name: A: 'e7VA/;:; 4.1(~::'llT -
Title: ~~ ~~
EQUITY LIFESTYLE PROPERTIES, INC.,
a Maryland corporation
By: 1~krf
Name: /Ce-P'Mrrtf 4. !"~~
Title: ~ vI' - c. y
5