CONSENT AGREEMENT
CONSENT
THIS CONSENT is duly executed as of this J3....~ay of ~e A;J(. , 2002 by the
CITY OF CLEAR WATER, FLORIDA, a Florida corporation (the 'City").
WITNESSETH:
WHEREAS, the City, the Clearwater Redevelopment Agency, a body politic and
corporate under the laws of the State of Florida (the "Agency") and J.K. Financial
Corporation, a Florida corporation entered into that certain Development Agreement
dated as of July 14, 1983, recorded in Official Records Book 5868, Page 1530, of the
Public Records of Pinellas County, Florida, as amended by that certain Amendment to
Development Agreement dated as of July 25, 1984, recorded in Official Records Book
5868, Page 1543, aforesaid records, as amended by that certain Second Amendment to
Development Agreement dated as of November 29, 1993, recorded in Official Records
Book 8515, Page 257, aforesaid records, and as further amended by that certain Third
Amendment to Development Agreement dated as of August 11, 1998, recorded in
Official Records Book 10214, Page 2218, aforesaid records (the "Development
Agreement");
WHEREAS, the Development Agreement provides that the conveyance of any
real property subject to the terms of the Development Agreement must be consented to by
the City or the Agency;
WHEREAS, BSF III-B, LLC, a Delaware limited liability company ("BSF")
having its principal place of business at c/o Lend Lease Real Estate Investments, Inc.,
3424 Peachtree Street, Suite 800, Atlanta, Georgia 30326 was the owner of a certain
parcel of land more particularly described on Exhibit A attached hereto and made a part
hereof (the "Property");
WHEREAS, the Property is subject to the terms of the Development Agreement;
WHEREAS, City consented to the conveyance of the Property to BSF in that
certain Third Amendment to Development Agreement;
WHEREAS, BSF conveyed the Property to Wilder Corporation, a Delaware
corporation ("Wilder") whose address is 3000 Gulf to Bay Boulevard, Suite 600,
Clearwater, Florida 33579 on March 15, 2002; and
WHEREAS, City desires to consent to the transfer of the Property by BSF to
Wilder.
NOW THEREFORE, City hereby consents to the conveyance of the Property by
BSF to Wilder. City hereby ratifies and confirms that the conveyance of the Property by
BSF to Wilder is valid and was performed in full compliance with the terms of the
Development Agreement.
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IN WITNESS WHEREOF, City has caused this Consent to be executed in
manner and form sufficient to bind it as of the day and year first above written.
Countersigned: CITY OF CLEARWATER, FLORIDA
~yA--- BY:~'=B.~-u.
Brian J. A~t William B. Horne II
Mayor-Commissioner City Manager
Approved as to form:
d~?K~
Attest:
City Attorney
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EXHIBIT" A"
PARCEL I:
Lots 1, 2, 3 and 4, Block "13" of GOULD AND EWINGS 1ST AND 2ND ADDITION
TO CLEARWATER-HARBOR, FLORIDA according to a map or plat thereof recorded
in Plat Book 1, Page 52 of the Public Records of Hillsborough County, Florida of which
Pinellas County was formerly a part, less road right-of-way, together with that portion of
said Block "13", which was formerly an alley, running East and West through said Block
"13", also vacated railroad right-of-way described as follows: Begin at Southeast comer
of said Lot 2, Block "13"; run thence East, along the Northerly right-of-way line of Park
Street, 60.18 feet; thence Northerly along the Easterly right-of-way line of said railroad
right-of-way also the West lines of Lots 7 and 8, Block "20" of said GOULD AND
EWINGS 1ST AND 2ND ADDITION, 229.0 feet more or less to the Southerly right-of-
way line of Cleveland Street; thence West, along the said right-of-way line, 60.18 feet;
thence South along the Westerly right-of-way line of said railroad right-of-way also the
Easterly line of Lots 2 and 3, Block "13", of said GOULD AND EWINGS 1ST AND
2ND ADDITION, 228.93 feet more or less to the POINT OF BEGINNING. All being in
Section 16, Township 29 South, Range 15 East Pinellas County, Florida.
ALSO DESCRIBED AS:
Beginning at the Southeast comer of Lot 2, Block 13 of said GOULD AND EWINGS
1ST AND 2ND ADDITION; thence along the Northerly right-of-way of Park Street
(Park Avenue-Plat) (a 60 foot right-of-way), North 89045'53" West, 110.22 feet to the
Southwest comer of Lot 1, Block 13 of said GOULD AND EWINGS 1 ST AND 2ND
ADDITION; thence along the Eastern right-of-way line of South Garden Avenue North
00002'16" East 227.94 feet to the apparent Southerly right-of-way line of Cleveland
Street as it now exists; thence South 89050'01" East, 189.03 feet to the Easterly line of the
vacated S.C.L.R.C. right-of-way; thence South 04042'26" West, 228.86 feet (229.0 feet,
Deed) to the Northerly right-of-way line of Park Street (Park Avenue-Plat) (a 60 foot
right-of-way); thence North 89045'53" West, 60.18 feet to the POINT OF BEGINNING.
PARCEL II:
Lots 8 and 9, Block 20, GOULD AND EWING'S FIRST AND SECOND ADDITION
TO CLEARWATER HARBOR FLORIDA, less and except the North 6 feet of Lots 8
and 9, as conveyed to City of Clearwater as recorded in Deed Book 194, Page 471, for
alley, and less road right-of-way, according to the plat thereof, recorded in Plat Book 1,
Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part.
PARCEL III:
That portion of Lots 1,2,3, 12, 13 and 14 and vacated railroad right-of-way Westerly of
said Lots 1 and 14, all in Block "6," MAGNOLIA PARK, as recorded in Plat Book 1,
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Page 70, of the Public records of Hillsborough County, Florida, of which Pinellas County
was formerly a part, and Plat Book 3, Page 43 of the Public Records of Pin ell as County,
Florida, being more particularly described as follows:
From the Northeast comer of said Lot 3, Block 6, as a POINT OF REFERENCE: thence
N89045'53"W, along the North line of said Lot 3, also being the South right-of-way line
of Park Street, 30.01 feet, to a point of intersection with the Northerly extension of the
east face of the four level concrete parking garage and the POINT OF BEGINNING,
thence leaving said North line of Lot 3, SOoo12'45"W, along said East face and its
Northerly extension thereof 221.20 feet to the Southeast comer of said parking garage;
thence N89045'39"W, along the South face of the four level concrete parking garage and
its Westerly extension thereof, 208.32 feet to the Westerly line of a 60 foot vacated
Railroad right-of-way; thence N04042'26"E, along said Westerly line, 221.86 feet to said
South right-of-way line of Park Street; thence S89045'53 "E, along said South right-of-
way, 190.93 feet to the POINT OF BEGINNING.
Together with all the air rights previously granted to Atrium at Clearwater, Limited in
that certain Special Warranty Deed given by Community Redevelopment Agency of the
City of Clearwater, dated December 14, 1993, recorded on December 27, 1993 in Official
Records Book 8515, Page 174, of the Public Records of Pin ell as County, Florida, and the
air rights previously granted to Atrium at Clearwater, Limited in that certain Special
Warranty Deed from City of Clearwater, Florida, dated November 29, 1993, recorded on
December 27, 1993 in Official Records Book 8515, Page 168, of the Public Records of
Pinellas County, Florida; and the remaining air rights previously granted to ATRIUM AT
CLEARWATER, LIMITED in that certain Special Warranty Deed given by
COMMUNITY REDEVELOPEMNT AGENCY OF THE CITY OF CLEARWATER,
dated July 31, 1997 and recorded July 31, 1997 in Official Records Book 9792, page
1611, of the Public Records of Pin ell as County, Florida.
PARCEL IV:
TOGETHER WITH easements created for the benefit of the above described property as
described in that certain instrument recorded in Official Records Book 9792, page 1624,
of the Public Records of Pinellas County, Florida, together with easement created for the
benefit of the above described property in that certain Addendum to Easement Agreement
dated August 17, 1998 and recorded in Official Records Book 10214, page 2205., of the
Public Records of Pin ell as County, Florida.
PARCEL V:
ALSO TOGETHER WITH easement for crosswalk as described in that certain
instrument recorded in Official Records Book 8515, page 177, of the Public Records of
Pinellas County, Florida.
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