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DEVELOPMENT AGREEMENT WITH RESOLUTION NUMBER 83-2 CRA FOR AGREEMENT '~,~. , .' '" l' · DR tiRI.8 f;;I!c3? , DEVELOPMENT AGREEMENT If ~ (\ THIS AGREEMENT made this "r day of ::'}')-- 1983, by and between the CITY OF CLEARWATER, FLORIDA a 10 i a municipal corporation, hereinafter called "the City", the CLEARWATER DE ELOPMENT AGENCY, a body politic and corporate under the laws of the State of Florida, hereinafter called "the Agency" and J. K. FINANCIAL CORPORATION, a Florida corporation, hereinafter called "J. K. Financial". WITNESSETH: WHEREAS, the City-is the owner of two parcels-of realproperty,-more particularly described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as "Parcel A" and on Exhibit "B" attached hereto and made a part hereof, hereinafter referred to as "Parcel B", such real property being located in the City of Clearwater, Pinel/as County, Florida; and WHEREAS, Parcels Aand B are located within the Downtown Development District of the City and are under the development jurisdiction of the Agency; and WHEREAS, J. K. Financial is desirous of constructing a ten story office building to be located on Parcels "A" and the "Jannel/i Parcel" described on Exhibit "C" attached hereto and made a part hereof, together with a parking facility to be located on Parcel B; and WHEREAS, the acquisition of the Jannelli Parcel is essential for the development of the proposed office building and parking facility as contemplated by J.K. Financial; and WHEREAS, the City and the Agency consider that development of the real property described as Parcels A, B and the Jannelli Parcel as contemplated by J. K. Financial is in the public interest; and WHEREAS, the City, the Agency and J. K. Financial, subject to all applicable provisions of Part III of Chapter 163, Florida Statutes, and in particular Sect ion 163.380(3), Florida Statutes, desire to enter into an Agreement establishing the duties and obligations of the parties hereto for the acquisition and development of the real property described as Parcels A, B and the Jannelli Parcel in the manner contemplated by J. K. Financial on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and conditions contained herein and other good and valuable considerations, the receipt of which is hereby acknowledged, the City, the Agency ond J. K. Financial hereby agree as fol lows: . I. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Definitions. As used in this Agreement the following terms shall have the following meanings: ., '"-;,---. I iL..';'- -1- rl..: . 3/17/83 /' ~ .......-:'j ,,",,' 9/ t.. Ct:,., /" ,I" u_' :".,f i ~ ,~'V .-:ct1.t'rt ,,' 'j 7/d'? 5 / i3 c) 1--(: ~,', ' (1/) . r1' ~ . 2.01 Agency. "Agency" means the Clearwater Redevelopment Agency with their principal location at 112 S. Osceola Avenue, Clearwater, Florida. , 2.02 Agreement. "Agreement" means this Agreement as it may be amended from time to time as provided for herein. .2.03 Appraisal. "Appraisal" means any appraisal required hereunder prepared by a Member of the American Institute of Real Estate Appraisers. 2.04 Certified Construction Costs. "Certified Construction Costs" means the actual cost of the construction and design of the improvement including interest paid on the drawn-downcost thereof during construction_which costs have been audited and certified by an independent certified public accountant selected and paid for by the Agency. 2.05 City. "City" means the City of Clearwater, Pinellas County, Florida, with their principal location at 112 S. Osceola Avenue, Clearwater, Florida. 2.06 Closing. "Closing" means the execution and delivery of those documents and funds necessary to perfect the closing of this transaction and the transfer of title to the real property as contemplated hereby. 2.07 Conditions Precedent. "Conditions Precedent" means those items which must be satisfied prior to closing in order to obligate J. K. Financial to purchase the real property as described herein under the terms and conditions as hereinafter set forth. 2.08 Jannelli Parcel. "JannelJi Parcel" means that parcel of real property as more particularly described on Exhibit "C" attached hereto and made a part hereof. 2.09 J. K. Financial. "J. K. Financial" means J. K. Financial Corporation, a Florida corporation with its principal place of business at I Plaza Place NE,St. Petersburg, Florida 3370 I. 2.10 Office Building. "Office Building" means a ten story multi- tenant commercial office building which shall contain approximately 8300 square feet of commercial retail space on the first level thereof, 5400 square feet of mezzanine and 102,400 square feet of commercial office space. 2.11 Parcel A. "Parcel A" means that certain parcel of real property more particularly described on Exhibit "A" attached hereto and made a part hereof. 2.12 Parcel B. "Parcel B" means that certain parcel of real property more particularly described on Exhibit "B" attached hereto and made a part hereof. 2.13 Parking Facility. "Parking Facility" means a 398 space parking garage~ said parking facility to contain 199 parklng spaces to be owned by the agency and 199 by J.K. Financial. -2- /;f,) / (,I . '" ~ . 2.14 Prorated. "Prorated" means the allocation of an item of expense or income between the parties based upon the percentage of the time which has expired on the date as of which the proration is made. 2.15 Purchase Price. "Purchase Price" means the consideration agreed to be paid by J. K. Financial to the Agency for the purchase of the real property described herein. All sums sholl refer to currency of the United States of Amer ica. 2.16 Real Property. "Real Property" means the real property described on Exhibits "A", "8" and "C" attached hereto, 011 of which ore the subject of this Agreement together with any permanent improvements that may be located thereon together with all rights and the pertinences-thereto. 2.17 Survey. "Survey" means those certain surveys prepared in accordance with paragraph 7 below by a licensed surveyor registered to do business in the State of Florida. . 2.18 Title Insurance. "Title Insurance" means title insurance commitment, binders, or policies issued by a title insurance company selected by the City and approved by J. K. Financial. 3. All executory provisions of this Agreement are expressly made subject as a condition to prior satisfaction of and compliance with the provisions of all applicable state and federal laws, local ordinances and other rules and regulations. Included in such statutes are all applicable provisions of Part III of Chapter 163 Florida Statutes and in particular Section 163.380(3) Florida Statutes. The parties hereto agree to exert their best efforts to secure the satisfaction thereof and compliance ,..therewith. 4. Purchase Price and Sale. J. K. Financial agrees to purchase from the Agency and the Agency agrees to sell to J. K. Financial the real property described as Parcel A under the terms and conditions hereinafter set forth. 5. Purchase of Jannelli Parcel. The parties to this Agreement acknowledge that record title to the real property described herein as the JannelJi Parcel is not currently owned by any of the parties hereto, but that the acquisition of said Jannelli Parcel by the Agency under the exercise of its power of Eminent Domain and the subsequent sale of said real property to J. K.Financial for the use as contemplated herein is in the public interest. In the event said parcel is not acquired by J. K. Financial on terms, price and conditions satisfactory to J. K. Financial through direct negotiations with the owner thereof, then, at the time specified in paragraph 5.03, the Agency shall commence condemnation proceedings under its power of Eminent Domain to acquire the Jannelli Parcel. Subject to the conditions of this Agreement, and in particular the conditions precedent to the obligations of J. K. Financial described in this paragraph 4 and its subparagraphs, upon obtaining the fee simple title to the Jannelli Parcel the Agency will convey all of its right in title and interest in and to the Jannelli Parcel to J. K. Financial as hereinafter provided. -3- . c7Fc; . '" 'I~ . 5.01 Purchase Price. In the event J.K. Financial under its proposal is unable to acquire the J~i Parcel, the purchase price for the Jannelli Parcel to be acquired by the Aqency as a result of the Eminent Domain proceedings shall be equal to the purchase price paid for the Jannelli Parcel by the Agency as determined by the final judgment entered in the Eminent Domain proceedings provided for hereunder. Prior to commencement of such proceedings the Agency agrees to offer to the owner or owners of the Jannelli Parcel the sum of Six Hundred Fifty Thousand Dollars ($650,000.00)-as set forth in an appraisal thereof obtained by the Agency. Prior to commencement of such proceedings J.K. Financial reserves the right to acquire the Jannelli Parcel directly from the owner thereof at such other purchase price as may be agreed upon between J.K. Financial and the owner of such real property. In no event shall the anormt paid by J. K. Financial exceed Six Hrmdred Fifty Thousand lX:>llars ($650,000.00). 5.02 Payment of Purchase Price. The purchase price payable by J.K. Financial to the Agency for the Jannelli Parcel is as follows: Simultaneously with the filing of the action for condemnation under the powers of Eminent Domain, J.K. Financial will deposit with the Agency the sum of Six Hundred Fifty Thousand Dollars ($650,000.00) as has been determined by an appraisal as and for payment of ,the purchase price required hereunder. , . 5.03 Commencement of Condemnation Proceedinqs. The Agency shall commence the condemnation proceedings contemplated by paragraph 5 only after J. K. Financial has indicated in writing its satisfaction with all conditions precedent contained in paragraph 10 with the exception of that contained in 10(b)(ii). 6. Purchase of Parcel A. The total purchase price payable by J. K. Financial to the Agency for Parcel A shall be One Hundred Forty Thousand Dollars ($140,000). , 6.0 I Payment of the Purchase Price. Simultaneous with the good faith deposit of fair market value of the Jarmelli Parcel, J .K. Financial shall deposit with the Agency the sum of $140,000 as and for the purchase price required for the purchase of Parcel A. Such funds shall be placed in an interest bearing account for the benefit of J. K. Financial until closing. At closing the amount of the purchase price, plus or minus prorations adjusted as of the closing date, shall be deemed paid to the Agency in full consideration of the purchase price for Parcel A. 7. Tit Ie Insurance. 7.01 Title Insurance Commitment and Policy. The Agency shall furnish J. K. Financial, at the Agency's expense, with a tit Ie insurance binder committing the title insurance company to insure J. K. Financial's title to the real property described as Parcel A, the air rights over Parcel B, and the JanneJJi Parcel (if sold to J. K. Financial by the Agency) together with copies of all documents listed in said title binder as exceptions or matters required to be corrected prior to closing, said commitment to be issued by a title insurance company licensed and qualified to do business in Florida, such company and agent to be approved by J. K. Financial. The -4- r, ,.r~v ,<, >f t1 . :t' III . binder shall be in an amount equal to the amount of the purchase price of all of the real property to be conveyed hereunder and the resulting policy shall be in an amount of the total purchase price therefore. All costs of the binder and subsequent title policy shall be paid by the Agency. The policy and binder shall be in a current AL T A standard form B. The binder shall be delivered to J. K. Financial's attorney, unless otherwise directed. J. K. Financial's attorney shall have ten (10) days to give written notice to the Agency of any objections by J. K. Financial to the title. Failure of J. K. Financial's attorney to deliver such written notice of disapproval to the Agency within the said time period shall be conclusive evidence that the Buyer has approved each and every matter contained in said preliminary title report, and that J. K. Financial will accept title in that condition subject to the other terms hereof relating to the status of such title at closing. After due notice, the Agency shall have a reasonable time, not to exceed thirty (30) days,-to cure any title defect (and, if necessary, the closing shall be delayed for that period). If the Agency fails to cure any title defect as to which due notice is given, J. K. Financial shall have the option to terminate this Agreement, and to notify the Agency that J. K. Financial will not proceed with the purchase, whereupon this Agreement shall terminate and J. K. Financial shall be entitled as its sole remedy to the return of all earnest money heretofore paid. In the alternative, J. K. Financial shall have the right to accept the title in its then existing condition and proceed to closing as otherwise provided herein. The Agency agrees to use its best efforts ifl good faith to cure all title defects. 7.02 Affidavits. At closing the Agency shall provide Buyer with an affidavit of no lien, which affidavit shall run to the benefit of J. K. Financial and said title company, providing only that the Agency has not caused or created any lien or encumbrance on the real property described in Exhibit "A" and the Jannelli Parcel (if sold hereunder by the Agency). 8. Surveys. The Agency shall furnish J. K. Financial a current survey of the real property described as Parcel A and the Jannelli Parcel. The surveys must be acceptable and certified to J. K. Financial and to the title insurance company insuring the property so that the survey exception can be removed from the title policy and must be prepared in accordance with the minimum requirements odopted by , the F.S.P.L.S. and the F.L.T.A., and such fact stated on the survey. Upon acceptance of such surveys, the legal description therein 'shall be substituted for the description of the property contained in Exhibits "A", "B" and "e" attached hereto and incorporated 'herein by reference. The surveys shall locate all easements, streets, improvements and other manmade objects, both existing and planned. The survey for ,Parcel B shall contain topographic data indicating existing elevations above mean sea level. If the survey discloses an encroachment or setback violation, this shall be deemed a defect in title and Article VI shall apply. The surveys shall be dated and signed by a registered and/or licensed land surveyor in Florida. The surveyor's seal shall be affixed to the surveys. The surveyor's registration and/or license number shall be indicated thereon, and the legal description of the real property shall be set forth on the surveys. Any other survey requirements in the title insurance commitment shall also be complied with, including a surveyor's certificate in a form acceptable to the title company and counsel for J. K. Financial. -5- ~C,'1 (, " ! .. I~ '111 . 9. Closinq. 9.0 I Closinq. The closing shall take place within thirty (30) days after the entry of a final judgment in the Eminent Domain proceedings contemplated herein or within ten (10) days from satisfaction of all conditions precedent as set forth herein, whichever is later; provided, however, if the Buyer's conditions precedent are not satisfied by October 15, 1983, then J. K. Financial may elect to terminate this Agreement and immediately receive a full refund of all deposits made under the terms of this Agreement. The exact time and place for closing shall be mutually agreeable by the parties and if no time is set then the time for closing shall be at noon on the last day therefore in the office of the City's attorney in Clearwater, Florida. The Agency shall convey title.to said real property described as Parcel A and the Jannelli Parcel (if sold by the Agency) by Statutory Warranty Deed. Title to all of the subject property shaJl be conveyed free and clear of all liens and encumbrances whatsoever except the real property shaJl be subject to the following (the "Permitted Exceptions"): (a) Easements, utility easements, reservations and restrictions approved by Buyer. (b) Zoning ordinances, rules and regulations as presently in effect or such changes as may be approved by Buyer. (c) Real property taxes for the year of closing. The closing of the purchase of all of the real property described as Parcel A and the Jannelli Parcel (whether or not sold by the Agency or its owner) shall be simultaneous. 9.02 Closing Costs. (0) The Agency shall pay for all costs of the title insurance premiums based on the actual purchase price to be paid by J. K. Financial and documentary stomps to be affixed to the warranty deeds. deeds. (b) J. K. Financial will pay all costs of recording the warranty . . (c) Each party will pay fortheir respective attorneys' fees. 10. Conditions Precedent. In addition to any other conditions precedent contained in this Agreement, J. K. Financial shall not be required to close this transaction unless the following conditions precedent have been satisfied as of the closing: (0) That the real property described as Parcels A and 8 and the Jannelli Parcel is zoned to permit construction of the office building and parking faci Iity as contemplated by J. K. Financial. ,The City shall furnish to J. K. Financial a certified copy of the zoning ordinance and any resolution applicable to the real property evidencing such zoning. -6- :Jrb . I~ 1ft . (b) That J. K. Financial shall be in receipt of an opinion letter from the City Attorney, City of Clearwater, Florida, opining the following as of the closing: (i) The zoning classification of the real property described as Parcels A and B and the JanneJli Parcel, the intended use by J. K. Financial of such real property and that such use is permitted under the applicable zoning ordinances and regulations of the City, the Pinellas County land use plan and any applicable regulation, resolution, plan or other promulgations made, passed or adopted by the Agency. (ii) That the Agency has complied with all statutory requirements for the exercise of its power of Eminent Domain in ocquiring fee simple title to the Jannelli Parcel and the~Agency has gooo, insurable and marketable title to Parcel A and the Jannelli Parcel (if sold by the Agency) free and clear of all liens and encumbrances except as otherwise set forth herein. (iii) That the City and the Agency have the right and power of authority to enter into this Agreement and to sell or deed the real property described as Parcels A and B and, if applicable, the Jannelli Parcel in accordance with its terms. (There shall be attached to the opinion letter true and correct copies of the resolution of the City of Clearwater and the Agency authorizing th~ execution of this Agreement and conveyance of the real property described ~erein.) (c) That J. K. Financial has received satisfactory written evidence that all necessary sewer, water, drainage and other utilities and streets and roads are available to the project and have been or will be upgraded or constructed, at City's expense, and brought to the real property described as Parcels A and B and the Jannelli Parcel, prior to or simultaneously with the construction of the office bui Iding :-and parking facility contemplated by J. K. Financial in accordance with this ,- Agreement. Such facilities, including all utilities and street widenings or other improvements, shall be upgroded or constructed in full compliance with all rules, regulation standards or specifications of the governmental authority having jurisdictions thereof. (d) J. K. Financial has received a certified copy of the inducement resolution of the City or the Agency authorizing the issuance of Industrial Revenue Bonds for the acquisition and development of the real property as contemplated by this Agreement.' . (e) That J. K. Financial has received satisfactory written evidence that the City has the air rights above Park Street and has agreed to grant J. K. Financial an easement for a pedestrian walkway as required for the construction of the office building and parking facility in accordance with the Plans and Specifications presented to and approved by the City prior to the commencement of construction thereof. . (f) That, subject to submitting plans and specifications and a community impact statement, all of which conform with applicable codes, J. K. Financial has received satisfactory written evidence of the availability and subsequent issuance of a building permit for the construction of the office building and parking facilities as contemplated by this Agreement. (g) That lease ccmni t:rnents, approved by J. K. Fi.nai1cial, have been obtained for not less than fifty percent (50%) of the net leaseable square foot area of the office building. -7- c/ fS' . i~ ~ I- . ~, II. Further Obligations of J. K. Financial. . (a) J. K. Financial agrees to submit plans, specifications, including a site plan, and any required community impact statement prior to the date of closing for review and approval. Such submittal shall allow at least thirty (30) days for the review process. (b) J .K. FinanCiai agrees that it will at the closing pay its proportionate share of the required fees for the issuance of a building penni t for the construction of the office building and parking facilities as a:>ntem- plated by this Agreanent and will cc::mteIlCe construction of the project wi thin ninety (90) days thereafter. Construction will be rontinued with due diligence thereafter except for -causes beyond the oontrol of J .K. Financial. (c) Property conveyed pursuant to this Agreement shall not be sold without the consent of the Agency or City. It is intended that the property described as Parcel A, the Jannelli Parcel, and the air rights over Parcel B, and all iroproverrents thereon, shall not be exempt from ad valorem taxes, but shall be subject to ad valorem taxes as provided for by law. Accordingly, J. K. Financial and its successors and assigns agree that it will not sell or transfer title to any organization which is at the time of the conveyance exempt from the payment of ad valorem taxes except for sales or transfers to the City or the Agency. Further J. K. Financial agrees that a restriction evidencing the commitment to maintain the continuing taxable status of this property will be placed on the deed to said property and will be recorded in the Public Records of Pinellas County.. This provision shall be deemed to be a restriction on the sale or transfer of the land or any interest therein or the improvement thereons to any tax exempt entity and may be enforced by suit for specific performance or by other legal remedy avaliable to the City and/or the .Agency. , 12. Warranties and Representations of the City and Agency. The City and the Agency represent, warrant and covenant (and which warranties, representations and covenants shall be effective as of the date of and which shall survive the closing) the following: (a) That the City and/or the Agency has or will have good, insurable and marketable title to the real property described in Parcels A and B and, if applicable, the Jannelli Parcel free and clear of all liens, encumbrances, restrictive covenants and rights of others, except as otherwise set forth herein. , . (b) That the City and the Agency have not entered into any outstanding agreements of sale, option or other rights of third parties to acquire any interest in the real property described as Parcels A and B and the Jannelli Parcel. . (c) That the City and the Agency have the right, power and authority to enter into this Agreement and to sell and/or lease the real property describ(jd as Parcels A and B and the Jannelli Parcel to J. K. Financial in accordance with its terms. (Not less than five (5) days prior to closing the City and the Agency , -8- ();;~Cj . I~ -a' . I.... work completed and material stored shall be paid to J. K. Financial from time to time during the construction as required to make payments due under the terms of construction and design contracts. 14.05 Design and Construction of Parking Facility. J. K. Financial shall design and construct the parking facility on Parcel B. Construction shall be in accordance with the plans and specifications approved by the City and the Agency. 14.06 Option to !Base aRJifioil of the Parking Facility. '!he Agency grants to J .K. Financial a 20-year continuing option to lease 50 parking spaces located. on the remaining. portion of parcel, B for a teIIn of one year at an .annual rental equal to 75% of twelve t.i..nEs the nonthly r~talto be charged by.J .K. Financial for reserved parking spaces in its portion of the parking facility payable nonthly in advance. The continuing option -shalla':to---- ---. - matically be renewed unless the Agency receives written notice of cancellation' fran J .K. Financial or its sucx:::essor in title not less than thirty (30) days prior to the expiration of each option tenn. 15. Governmental Cooperation. The City and the Agency agree that its authorized agents, administrators or .attorneys will execute or cause to he executed such applications, petitions, agreements, easements, dedications, plats, or other instruments as J. K. Financial may require to cause any applicable government authority to adopt any.resolution, pass any ordinance or issue any order, license or permit that may be required by J. K. Financial for acquisition of the development and operation of the real property as contemplated under the terms and conditions of this Agreement. ' 16. Development Action Grants. It is understood that. the City does not presently qualify for Development Action Grants, however, if such grants are available , prior to the time of commencement of construction, the City agrees to use its best efforts to make available to J. K. Financial up to Five Million Dollars ($5,000,000.00) in Development Action Grants for the construction of the office building contemplated by the terms of this Agreement. The parties h~reto agree to cooperate with each other and to execute any application which may be required to obtain such financing. ,f7. Appraisals. Any appraisal required under the terms and conditions of this Agreement or in connection with the condemnation proceedings under the Agency's power of Eminent Domain, shall be at the sole cost and expense of the City and/or the Agency and shall be prepared by a member of the American Institute of Real Estate Appraisers and upon completion copies thereof shall be made available to J. K. Financial., . ., . 18. Remedies. 18.0 I Default. In the event of a default in compliance with the . terms and conditions of this Agreement by any party, the aggrieved party or parties may, in addition to any other remedies, sue for specific performance. If any title defect has been created by an act of the City or the Agency and the City or the Agency refuses to cure same, J. K. Financial may at its option determine to proceed with the purchase of the real property, notwithstanding such defect in which event J. K. Financial shall have the right to sue for damages or pursue any other remedy , provided by law. -10- ~I 0;- , , ~;". ,. '" ~ ! . 1ft t~ . 18.02 Indemnification. Each party shall indemnify and hold the others harmless from any claim, damage, cost, loss or expense, including attorney's fees or other expenditures which arise out of, or relates to any default hereunder by such party as to the representations, warranties or covenants made herein. 19. Miscellaneous. 19.0 I Notices. Any notice required or permitted to be given hereunder shall be sufficient if in writing and sent by registered or certified mail, postage prepaid, to the party given such notice at the address set forth below: To City: City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33516 To Agency: Clearwater Redevelopment Agency 112 S. Osceola Avenue. Clearwater, FL 335 I 6 To: J. K. Financial Corporation I PJoza Place NE,Suite 1500 St. Petersburg, FL 3370 I Copy to: James B. Soble Jacobs, Robbins, Gaynor, Hampp, Burns, Cole & Shasteen, P.A. I PJaza Place NE , St. Petersburg, FL 3370 I 19.02 Entire Agreement. This Agreement is the entire Agreement of the parties with regard to the transaction dealt with herein. ',. 19.03 Assignment. J. K. Financial shall not assign this Agreement , nor any of its rights or obligations hereunder without the express written consent of the other two parties, which consent sholl not be unreasonably withheld. 19.04 Survival of Agreement. _ The terms and conditions of this Agreement under covenants, warranties and representations mode herein shall survive the closing hereof and the delivery of 011 related docul1]ents. 19.05 Modifications. Parties acknowledge that this Agreemen.t may be modified only by written instruments signed by all parties hereto. , 19.06 Attorneys' Fees. In the event of any litigation between the parties arising out of this Agreement or the collection of any funds due the Buyer or the Seller pursuant to this Agreement, the prevailing party sholl be entitled to recover all costs incurred, such costs include without limitation reasonable attorneys' fees, also including attorneys' fees on appeal. ' - 19.07 Waiver. No waiver hereunder of any condition or breach shall be deemed to be a continuing waiver or a waiver of any subsequent breach. -11- ;:.~ '( , ". ". .. " . ~ ~~ .- , . 1ft I, ft . - " , 'L. 19.08 Headings. Headings used herein are for convenience only and do not constitute a substitute of part or this Agreement. 19.09 This Agreement shall be governed by Florida law. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first written above. By: (j Cit Art _Witnesses: . D . .. . ~ lz~', 'itM1J).~ ..~~~ Attest: c{ w~. City Clerk L'~- ., CLEARWATER REDEVELOPMENT AGENCY, a body politic and corporate under the laws of he tate of Florida tnL,..'."., ',,' _'___ jE2.,', '.'.',' J.,K,..FINA,N"C,',AL,CORP"OR,A,T'ON',a, ' , ,n t ~ ' Florida corporation , I . c tW' . ... By ~ ~. 7-I~ t/~ -12- ..,.,.,) 'r{'" . EXHIBIT "A" .. I , . That certain piece, parcel or tract of land, situate, lying and being in the County of Pinellas, State of Florida, more particularly bounded and described as follows: The former right-of-way of the Atlantic Coast Line Railroad lying between BlocK 13 and BlocK 20 of GOULD & EWING'S SECOND ADDITION TO CLEARWATER, FLORIDA, according to the plat thereof recorded in Plat BOOK 1, Page "52, Public Records of Hillsborough County, Florida, of which Pine lIas County was formerly a part. EXHIBIT "B" That certain piece, parcel or tract of land, situate, lying and being in the County of Pinellas, State of Florida, more particularly bounded and described as follows: All that volume of air space consisting of that portion of Lots 1, 2, 3, 12, 13, and 14 in BlOCK 6 of MAGNOLIA PARK, according to the plat thereof recorded in Plat BOOK 1, page 70, of the Public Records of Hillsborough County, of which Pinellas County was formerly a part, together with the former right-of-way of the Atlantic Coast Line Railroad adjoining said BlOCK on the West, lying between a plane at approximately elevation 47.5 and a plane at approximately elevation 67.5 U. S. Coast & Geodetic Survey datum, together with easements as required for supporting structures and ingress and egress. EXHIBIT "C" That certain piece, parcel or tract of land, situate, lying and being in the County of Pinellas, State of Florida, more particularly bounded and described as follows: Lots 1, 2, 3, and 4, in Block 13, of GOULD & EWING'S SECOND ADDITION TO CLEARWATER, FLORIDA, according to the plat thereof recorded in Plat Book 1, page 52, Public Records of Hi11sborough County, Florida, of which Pinellas County was formerly a part~ together with that portion of said BlOCK 13 which was formerly an alley running east and west through said BlOCK 13. 2.to ,4- -. C2 9.2 . I . I 3. That this Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of July, A. D. 1983. C~NITY REDEVELOPMENT AGENCY -2-