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PROPERTY DISPUTE- CASE NUMBER 85-4145-15 ~. I I \ IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOil. PINELLAS COUNTY, FLORIDA Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 85-4145-15 CITY OF CLEARWATER, Plaintiff, v. JAMES R. GRAY, ::;... SO " "~. .. ..--- ,'- ",'..-' -,\ --- - r- ..~ -0 ~ Defendant. ) ) ) ) ) ) ) ) ) ) .-~ JAMES WILDER THACKER, et aI., --- ~- - Plaintiffs, 0:;.' '-C- v. Case No~: 86-17 457-16 ~; CITY OF CLEARWATER, STIPULATED MOTION FOR ENTRY OF FINAL JUDGMENT BY CONSENT The Plaintiff, City of Clearwater, and the Defendant, James R. Gray, in Circuit Civil Case No. 85-4145-15, and the Plaintiffs, James R. Gray, Johazel Corporation, a Florida corporation, Four Seasons Landings, Inc., a Florida corporation, The Angler and Dolphin Motel Apartments Partnership, a Florida general partnership, Henry B. Henriquez Real Property Holding Corporation, a Florida corporation, Four Seasons Condo Ltd., a Florida limited partnership, John Michael Donovan and Leta Letize, his wife, and Alka Corporation in Circuit Civil Case No. 86-17457-16, who are referred to collectively and singularly as the "parties," jointly move for the entry of a Final Judgment by Consent in this consolidated case, pursuant to the Settlement Agreement entered into between and among the parties, which is attached hereto as Exhibit A, such that the Settlement Agreement shall be incorporated therein and have the full force and effect of law. In support thereof, the parties would show: 1. The parties have agreed to resolve their differences and settle their claims relating to their rights and duties with respect to the use of certain real property located on Clearwater Beach in the City of Clearwater, Pinellas County, Florida, which property is described more specifically in the Settlement Agreement. - 1 - RECEIVED t;PF~ 11 1989 CkTY ri;.l"~f Gf~;r~~r~Y I " I' 11 2. The parties have approved the Settlement Agreement, and have authorized their respective attorneys to move for the entry of a Consent Judgment incorporating the terms and conditions of the Settlement Agreement therein. ~r~ City Attorney P. O. Box 4748 Clearwater, Florida 34618 (813) 462-6760 ATTORNEY FOR PLAINTIFF/DEFENDANT CITY OF CLEARWATER ::~~~ Richard A. Nielsen, Esquire One Bennett Plaza 101 E. Kennedy Blvd., Suite 3200 P. O. Box 3399 Tampa, Florida 33601 (813) 224-9000 ATTORNEY FOR DEFENDANT/PLAINTIFF JAMES R. GRA Y and all other Clearwater Beach Property Owners who are parties hereto. FIN AL JUDG MENT BY CONSENT This consolidated action having come on to be heard before me on a Stipulated Motion for Entry of Final Judgment by Consent in which all of the parties hereto have joined, and the Court having been further advised in the premises, it is hereby ORDERED AND ADJUDGED that: 1. This Court has jurisdiction over the parties and the subject matter of this action. 2. Four Seasons Landings, Inc., a Florida corporation, is the successor in interest to the Plaintiffs, Jess Wilder Thacker, Guss Wilder, Jr., Bettie W. Goodgame, Fred J. Wilder, ,Jessie Lee Thacker and Fred J. Wilder as Trustees for Willie Ouida Kitchens, et aI., formerly Willie ouida Bruce, d/b/a Wilder Property, and Jessie Lee Thacker and Fred J. Wilder as Trustees for Willie Ouida Kitchens, et aI., formerly Willie Ouida Bruce, and as such is substituted herein as a Plaintiff for the above original Plai n ti ffs. - 2 - 1 I "~ 3. Four Seasons Condo Md., a Florida limited partnership, John Michael Donovan and Leta Letize, his wife, and Alka Corporation are owners of the four condominium units in Four Seasons Landings Condominium, and are the successors in interest to the Plaintiff, Four Seasons Landings, Inc., and as such are substituted herein as Plaintiffs in place of Four Seasons Landings, Inc. 4. Henry B. Henriquez Real Property Holding Corporation is substituted herein as a Plaintiff for the original Plaintiff, Henry V. Henriquez Real Property Holding Corporation, in order to correct a typographical error in the Complaint. 5. The parties were and are fully authorized to enter into the Settlement Agreement upon which the stipulated motion for this Final Judgment by consent is based, and have authorized their counsel to file the stipulated motion, and the stipulated motion is valid and binding upon each of the parties hereto. 6. The Court accepts and confirms the terms and conditions of the Settlement Agreement, which is attached to this Consent Judgment as Exhibit A, and incorporates the Settlement Agreement herein by reference as if set forth in full. 7. This Final Judgment by Consent is intended and shall be construed, as creating a covenant which runs with the land, and the same shall be binding upon each of the parties hereto and any and all of their successors in title or interest to the real property located in Clearwater, Pinellas County, Florida, which property is more fully described in the Settlement Agreement. 8. The Court hereby retains jurisdiction for purposes of enforcement of the provisions of the Settlement Agreement and this judgment. 9. Any party hereto, or any successor in title or interest to the real property described in the Settlement Agreement, shall have the right to enforce the Settlement Agreement and this judgment by motion for injunctive relief, or by any other civil remedy at law or in equity. 10. Each party shall bear his, her or its own costs and attorney's fees. this DONE AND ORDERED in Chambers /~ day of #/?/~ at Clearwater, Pinellas County, Florida, , 1989. Copies: Richard A. Nielsen, Esquire ~L A. Galbraith, Jr., Esquire - 3 - . . I I) IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION CITY OF CLEARWATER, Plaintiff, vs. CASE NO.: 85-4145-15 JAMES R. GRAY, Defendant. / JAMES WILDER THACKER, et al., Plaintiffs, vs. CASE NO.: 86-17457-16 CITY OF CLEARWATER, Defendant. / SETTLEMENT AGREEMENT The City of Clearwater (referred to as "City"), and the following Clearwater Beach Park property owners: James R. Gray; Johazel Corporation, a Florida corporation; Four Seasons Landings, Inc., a Florida corporation; The Angler and Dolphin Motel Apartments Partnership, a Florida general partnership; and Henry B. Henriquez Real Property Holding Corporation, a Florida corporation (jointly referred to as the "Property Owners"), on behalf of themselves, their sJccessors and assigns, and their officers and employees, enter into this Settlement Agreement and state as follows: RECITALS 1. The City and the Property Owners are now in litigation with each other concerning the use and ownership of certain real property located in the City of Clearwater, Pinellas County, Florida. The property in dispute is described as: Lots 6 through 28, Clearwater Beach Park Subdivision, as recorded in Plat Book 10, Page 42 of the Public Records of Pinellas County, Florida, and all lands lying west of such lots to the mean high water line of the waters of the'Gulf of Mexico. ~ &t-r It- I' -) I 2. The Property Qwners constitute all of the owners of all of the real property described as Lots 6 through 28, Clearwater Beach Park Subdivision. 3. The litigation between the parties has included claims and counterclaims on behalf of each party. 4. The City and the Property Owners have agreed to resolve their differences with respect to the issues raised in the instant litigation. AGREEMENT Based upon the recitals stated above, and in consideration of the mutual promises contained herein, the City and the Property Owners agree to the following: A. GENERAL PROVISIONS 1. This agreement is the settlement of disputed claims and the terms of this agreement are not an admission of liability by any party. All parties deny liability and intend only to avoid litigation or further litigation as the case may be. 2. Each party agrees to bear its own costs and attorneys fees associated with this action. 3. The following provisions set forth herein constitute the entire understanding between the parties hereto. Any and all prior understandings or agreements between the parties, whether oral or written, are merged into this agreement. No other agreements or understandings exist between the parties except those expressly contained in this agreement. Any additions, amendments or modifications to this agreement in order to be binding shall be made in writing, signed by all the parties and recorded as an exhibit to an amended final judgment to be stipulated to and entered in the same manner as this agreement. 4. This agreement will be executed in its original form as well as six counterparts. The original will be filed with the court and any counterpart may be considered as an original for all purposes. -2- ) I 11 B. PROPERTY BOUNDARY 5. The parties agree to a division for use phrposes of the properties which are geographically located west of the platted property lines of Clearwater Beach Park Subdivision. For use purposes this property will be divided equally between the Property Owners and the City along a line equidistant between such western platted property line and the mean high water line of the Gulf of Mexico, determined as provided herein. It is agreed that the Property Owners will be entitled to the permanent use of the eastern one-half of such property and the public will be entitled to the permanent use of the western one-half of the property. 6. The initial boundary between the property which the Property Owners may use and the property that the public may use will be determined by use of certified surveys to be obtained by the Property Owners and attached hereto as composite Exhibit A. Each survey shall reflect the western platted lot line of Clearwater Beach Park Subdivision as well as the mean high water line of the waters of the Gulf of Mexico. Further, equidistance between those two lines the survey shall reflect an additional 11ne marking the boundary between the property to be used by the Property Owners and the property to be used by the public. 7. For purposes of this agreement, the property located east of the boundary established in paragraph 6 above, and including all property owned by each Property Owner within the platted lot lines of Clearwater Beach Park Subdivision shall be referred to as the "Upland Property". For purposes of this agreement, the real property located west of the boundary described in paragraph 6 above, will be referred to as the "Beach Property" . 8. The City and the Property Owners expressly acknowledge their understanding that the boundary between the Upland Property and the Beach Property shall be subject to review and adjustment based on subsequent accretion or reliction which may occur. Such reviews' may occur, at the option of the -3- ') I I~ City or the Property ~ers, each five years following execution of this agreement and if substantial additional accretion or reliction should occur in any such time period, then, and in that event, the boundary between the Upland Property and the Beach Property shall be relocated maintaining the ratio described in paragraph 5 of this agreement. However, in no event, shall such boundary ever be adjusted or set eastward of the westerly platted lot line of Clearwater Beach Park Subdivision as recorded in Plat Book 10, Page 42, of the Public Records of Pinellas County, Florida. 9. The parties agree that the boundary line as described in paragraphs 5 through 8, above, will not be fenced by any of the parties. 10. To the extent necessary to preserve and protect the properties used by the public and the Property Owners, the Property Owners may remove or replace beach sand which blows up or washes up on the Upland Property and the City may remove or replace beach sand which blows up or washes up on the Beach Property. The parties agree that should it be necessary to move such sand, the sand will be placed evenly over the surrounding area and neither .he movement nor placement of such sand shall damage or destroy any sand dunes or natural vegetation or interfere in any way with the property of adjoining property owners. The movement of such sand may be between or upon the Upland Property or the Beach Property and none of the sand may be removed from the properties described in this agreement. C . LAND USE 11. The Property Owners will be entitled to continue to use the Beach Property as each owner is currently using such property but such use shall not unreasonably impair the public's right to use the Beach Property; Current uses of the Beach Property by some of the Property Owners include ingress and egress to the waters of the Gulf of Mexico for operation of concessions on the Upland Property for rental of parasails, sailboats, hobie cats, wind surfing boards, "aqua cycles" and -4- \ I I) "wave runners" and pli}cement on the Beach Property of items rented from the Upland Property concessions including umbrellas, chairs and other similar items for beach use. With respect to the above uses of the Beach Property the Property Owners agree to comply with the provisions of Article VI of Chapter 114, Clearwater Code of Ordinances, and the City agrees that it will not unreasonably withhold any waiver that may be sought pursuant to such Article. 12. The general public shall be entitled to continue to use the Upland Property as the general public is currently using such property. Future use of the Upland Property by the general public shall not unreasonably interfere with or disturb the use of such property by the Property Owners, their tenants, lessees, invitees and guests. 13. The Property Owners shall be entitled to use the Beach Property in the future to the extent such use does not unreasonably interfere with the use of such property by the general public. The Property Owners may conduct on the Upland Property businesses related to the use of the beach and the adjacent waters by the general public and tourists visiting the beach area, and the Property Owners' own tenants, lessees, invitees and guests. Such businesses will be limited to the sale, rental or use of equipment, products and services as is then common to the recreational and other use of the beach and the recreational uses on, in and under the adjacent waters of the Gulf of Mexico. 14. The Property Owners shall conduct all activities on the Beach Property in a safe and secure manner that will not unreasonably interfere with the use by the general public of the Beach Property. In addition, the Property Owners shall preserve and protect on the Beach Property-all natural vegetation and sand dunes predominantly in their natural, scenic and open condition. The Beach Property shall be kept open for the recreational use of the general public. The Property Owners shall not interfere with such ~se of the Beach Property by the -5- ('" I ) general public. The Property Owners and their tenants, lessees, invitees and guests may use the Beach Property to the same extent as the general public. 15. The City and the Property Owners specifically agree that any or all of the following actions or activities shall be prohibited on or over the Beach Property and Upland Property except where, by mutual written agreement, the Property Owners and the City make exception and except as may be provided elsewhere in this agreement. Actions and activities prohibited on the Beach Property and Upland Property shall include: a. The construction or placing of buildings, roads, parking areas, sidewalks, boardwalks, permanent signs, billboards or other advertising, utilities (except as may be needed and otherwise allowable on the Upland Property for the Property Owner's businesses or concessions), or other permanent or semi-permanent structures or any manmade improvements on or above the ground; b. The dumping, filling or placing of soil, sand or other substance or material as land fill, the diversion by manmade barriers, barricades, fences or gates of soil, sand or storm or sewer waters on to the property or the dumping or placing of trash, waste, or unsightly or offensive materials on the above described properties or within the Clearwater Beach Park Subdivision; c. The removal, destruction or addition of trees, shrubs, sea oats, or other vegetation from or on the above described properties or within the Clearwater Beach Park Subdivision; d. The excavation, dredging, or removal of loam, peat, gravel, soil, sand, rock, or other material substances from the above described properties or the Clearwater Beach Park Subdivision; e. The surf ace use except for purposes that permit the land or water area to remain predominantly in its natural condition; -6- ) I ~ I f. Any activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; g. Except as otherwise provided in this agreement, the conducting of any business or the granting of any business concessions to others, not a party to this agreement; h. Any acts or uses detrimental to such retention of land or water areas. Nothing Contained in this paragraph shall be interpreted to prohibit the City or the Property Owners from participating in beach renourishment or beach restoration projects on the above described properties. 16. The Property Owners shall have the right to maintain and improve the sand dunes and vegetation located on the Upland Property; to erect and maintain dune walkovers, boardwalks, portable cabana concession structures and to locate portable expendable recreational and concession facilities, buildings, and equipment complimentary to the Property Owners' use of their real property as well as to engage in shore protection projects on and about the subject property. It is understood and agreed that any such activities shall be subject to the Property Owners receiving the consent and approval of the appropriate governmental agency or department, including, as may be required, the agencies, boards or departments of the City. The consent and approval of the agencies, boards or departments of the City shall be in accordance with the City ordinances and regulations in existence on the date of this agreement, and it is agreed such consent and approval shall not be unreasonably withheld. 17. With respect to maintenance of property, including the removal of trash, waste or unsightly or offensive materials, the parties agree that the City will be responsible for such maintenance and cleaning on the Beach Property and each individual Property Owner will be responsible for such maintenance and cleaning on the.Upland Property. -7- ) I ') I D. NEW DEVELOPMENT -- 18. For purposes of detennining the density available to the Property Owners under the present zoning of CR 28 which allows forty-two (42) hotel/motel units to the acre, the City agrees to grant a maximum total density to the Property Owners of 232.00 units available for lots 6 through 28, Clearwater Beach Park Subdivision. This total density may be distributed proportionately among the Property Owners. Each Property Owner may transfer such density either to the Upland Property or other real property pursuant to the Clearwater Land Development Code. The amount of density computed in accordance with this paragraph, will not be recomputed at any future date but will be the final density available to the Property Owners for future development. 19. Since the properties owned by the Property Owners in Clearwater Beach Park Subdivision are of limited width, the City agrees to waive any minimum lot width, any maximum floor City's Land Development Code on the Upland Property. area ratio and any maximum building coverage requirements of the be pennitted as follows: 20. Set back requirements on the Upland Property will within the platted lot lines of Clearwater Beach Park a. I f a Property Owner constructs improvements will be reduced to allow five foot side set backs, ten foot front SUbdivision, then setback requirements on the Upland Property set backs and zero rear set backs. b. To the extent a Property Owner is able to 24, below, and if such Property Owner submits plans to construct secure the relocation, waiver or exemption described in paragraph platted lot line of Clearwater Beach Park SUbdivision, such improvements on any property located westward of the westerly Property Owner will be required to proportionately comply with the setback requirements provided for in the City's Land Development Code in existence on the date of this agreement or as such Code may be amended from time to time. The scale of proportionate compliance shall be between the setback allowances -8- ~ ) I I contained in paragraph 20.a. at the westerly platted lot line of Clearwater Beach Park Subdivision to full compliance with the setback requirements should construction extend 50 feet west of the westerly platted lot line. c. In any event, it is understood and agreed that the rear set backs of the Upland Property shall be determined by State of Florida rules and regulations. As a result of the reduced setbacks permitted under this agreement, the Property Owners will not be required to comply with the open space and clear space requirements of the City's Land Development Code on the Upland Property. 21. The Property Owners will be permitted to construct improvements on their real property to a maximum height of 80 feet above flood plain. 22. Without limiting the generality of the applicable requirements which may regulate improvements to the subject property, the Property Owners agree to meet all F.E.M.A. requirements in constructing any improvements. 23. The Property Owners shall retain the continued use of all existing off street parking spaces and the same will count for meeting Clearwater code requirements as they presently exist and as they may hereafter exist if such spaces continue to exist or are replaced. In the event of any new construction, it is agreed that each property owner will provide one parking space for each unit and correct any present deficiencies. In addition, the Property Owners can establish new off street parking spaces with parking of similar size or location, as currently exists, at ground level or in a multi-story parking facility on either side of North Gulfview Boulevard, as conditions may warrant. Property Owners who own Upland Properties on both sides of North Gulfview Boulevard shall not be limited to having parking or rental units on one side or the other of North Gulfview Boulevard and, instead, such Owners will be free to construct a mix of rental units and parking that best utilizes their combined properties. -9- I -) I '.) '- 24. The Propftrty Owners will be permitted to build upon the Upland Property to the extent that they may be able to obtain from the State of Florida a relocation, waiver or exemption from the Coastal Construction Control Line of the State of Florida or the issuing of permits or approvals by the State of Florida for construction. As it relates to the Property Owners, the City agrees that it will not interfere with or object to any consideration by the State of Florida, or its agencies, of applications for permits, variances or waivers or any reconsideration of the Coastal Construction Control Line by the Department of Natural Resources along-any of the property described in this agreement, or the issuance of permits by the State of Florida with respect to the Upland Property. a. To the extent that the State of Florida may require the acknowledgement by the City of an application by a Property Owner for a permit, variance, or waiver under this paragraph, the City agrees to provide such acknowledgement or to execute the required State forms in regard thereto. b. Subject only to the terms of this agreement, the City agrees to issue any permits required for construction in that.area of the "Upland Property" subject to the jurisdiction of the State of Florida. c. Notwithstanding the provisions of this paragraph, any construction of permanent building structures by the Property Owners will be limited so as not to extend westward of a line located 50 feet west of the westerly platted lot line of Clearwater Beach Park Subdivision. 25. In the event of casualty loss, improvements may be reconstructed on approximately the same footprint as improvements that exist on the date of this agreement. 26. Subject to the foregoing provisions of this agreement, all development of the Upland Property shall be in accordance with applicable federal, state , county and city requirements in existence on the date of this agreement or as such requirements may be amended from time to time. -10- ", ') I I E. MISCELLANEOUS PROVISIONS 27. This Settlement Agreement and the final judgment to be entered by the court- shall be enforceable by either party by injunctive relief or by any other legal or equitable remedy available in civil actions at law or in equity. 28. This Settlement Agreement and the final judgment to be entered by the court shall be deemed to establish property rights and obligations that run with the land and that are binding upon and enforceable against and in favor of the Property Owners and their successors in title, heirs, devises, transferees, assignees and grantees, as well as the City of Clearwater. The only limit upon the application or enforceability of this agreement is that the development provisions of the agreement relating to set backs, parking requirements and the like will expire on December 31, 2003. At that time the rights of the Property Owners to develop the Upland Property shall be in accordance with the then currently existing City ordinances, codes and regulations. The density will be fixed as of that date at the amount stated in paragraph 18, above. 29. The court shall retain jurisdiction over the subject matter and the parties to this cause for the purposes of enforcing the executory provisions of this agreement and the final judgment. 30. This agreement and final judgment in this cause shall be recorded at the expense of either party and a recorded copy thereof shall be provided to the other party. 31. The parties further agree that any subsequent decision which may be made by the Property Appraiser of Pinellas County, Florida, relating to the ad valorem tax status of the subject property, shall not be relevant to the continued force or 'effect of this agreement. 32. The Property Owners agree to save, hold harmless, defend and indemnify the City against any claims, demands, suits, judgments, expenses, costs, or any type of legal proceeding -11- ,t ,0' I whatsoever, arising out of the use of the Beach Property by the Property Owners, agents, licensees, tenants, lessees, invitees or guests. 33. In consideration of the City's agreement to grant to the Property Owners the right to build 42 motel rental units per acre and the City's express assurance that upon compliance with the development provisions of this agreement by the Property Owners the City will issue all required building permits, each Property Owner, on behalf of itself, its officers and employees and its successors and assigns, agrees to waive and release all claims for damages which have been or may have been raised in the pending litigation or which may otherwise currently exist whether asserted or not, which claim is directly or indirectly related to any Property Owner's respective beach properties. 34. The provisions of this Settlement Agreement are subject to all applicable statutes, rules and regulations of the State of Florida as are now in effect or as may be amended from time to time. 35. Notwithstanding any provision of this Settlement Agreement to the contrary, nothing contained herein shall limit the ability of the City to adopt or enforce (i) any life-safety ordinance adopted on a City-wide basis; (ii) any ordinance required to be adopted by any state or federal statute; or (iii) any building code adopted by the Pinellas County Construction Licensing Board, or any successor agency thereto, or by the State of Florida. IN WITNESS WHEREOF, the legally designated representative of the City and the Property Owners have executed this agreement on b~ day of ~il~:1;l, ~~f:" ~ the WITNESSES: By: -12- .. -' "- > I' C-~ ~~~ ()frMJ;p/ elf u)~jJv /' cC-- /1 J ./: . /,~. .- 1- /' /v.t.-Vl~ ~tv' ~~L-~ -,"~-~ - --'-. I " ", , r- -. -..' v _ II \ - -' ( ..----f"1wt. ~ / 'I .Ii '!. v-'c't ,-,~ .,.,. I /I , .. j ,I> C . ) !~ -)..> '1'<" --. "'- --- '-, / ,- . ,') .' , I -- / ' 1 / //f) ~l ~~~/ J.-~_c.~ -,~, . l... //. ...,'... . ( I' ) .' -cc, / c- / /' , '. -' / . 'L~" . f ' JL ,q~ ~~ Zi1A /) /I ../ . . I ~ cl\cbpo\agmt\citysa01.~3X / I . .: d- ... i 'il '/1 tA,./i ./14.. ~,_;; , I I': /1 '/' "!, 1 ! ' C.: {((,-, ~~ 1 -13- I : CLEARWATER BEACH PARK PROPERTY OWNERS -6< R. Gray Four Seasons Landings, Inc., a Florida corporation By: Richard A. Geiger, President (CORPORATE SEAL) Johazel Corporation, a Florida corporation BY:'\. hi. ~:h~r ~. J. JI. Flet er, ") pvSident The Angler & Dolphin Motel- Apartments, Partnership, a Florida.general partne.r~iP / . (1 _ )//7' {'\j ~I'. i 4---'" 0~/ . _ (,/ t.. ,"'_ By: j~/(' 71-~{ _0/. /<./"'-{J"_' '-George W. Robb, General Partner Henry B. Henriquez Real Property Holding Corporation, a Florida corporation --, , IJ~ /c' - - - , By:., /" '- / '/<~,.. -. '-: 4, . .,-;. (', Dorothy Henriquez c->~~a'_ Sam Motfssa 4~<z- jVJadid Moussa ~ ,t I) I IN THE CIRCUIT COURT O};<' THE SIXTH JUDICIAL CIRCUIT IN AND fOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION CITY OF CLEARWATER, Plaintiff, vs. CASE NO. 85-4145-15 JAMES R. GRAY, De f e nda n t.. / JAMES WILDER THACKER, et al., Plaintiffs, vs. CASE NO. 86-17457-16 CITY OF CLEARWATER, Defendant. / JOINDER IN SETTLEMENT AGREEMENT The unde=signed, being the pu~chase~ of Unit A, FOUR SEASONS LANDINGS, A CONDOMINIUM, acco~ding to Condominium Plat Book 101, Page 34, Public Reco~ds of Pinellas County, Flo~ida, as owne~ in inte~est, to fou= Seasons Landings, Inc., does he=eby join in the settlement of the case above desc~ibed. By J Pa=trle~ FOUR SEASONS CON A Flori JLL28/JSAl ~. # ~. I I IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIYIL DIVISION CITY OF CLEARWATER, Plaintiff, vs. CASE NO. 85-4145-15 JAMES R. GRAY, Defendant. JAMES WILDER THAKCER, et al., Plaintiffs, vs. CITY OF CLEARWATER, Defendant. / CASE NO. 86-17457-16 / JOINDER IN SETTLEMENT AGREEMENT The undersigned, being the purchasers of Unit S, FOUR SEASONS LANDINGS, A CONDOMINIUM, according to Condominium Plat Book 101, Page 34, Public Records of pinellas County, Florida, as owner in interest, to Four Seasons Landings, Inc., does hereby join in the settlement of the case above described. Witnesses: ~~~~ S\~ ~e,~ JLL28/JSA3 ~n ~1ichael<~:>novan ~~r~ "-. ~. . .. .._ /' ri. ') 'l. .. ~ r-I"J Leta Letize ~ ' "'_ -" .f 1" , IN THE CIRCUIT CUURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CI.VIL DIVISIUN CITY UF CLEARWATER, Plaintiff, vs. CASE NO. 85-4145-15 JAMES R. GRAY, Defendant. / JAMES WILDER THAKCER, et al., Plaintiffs, vs. CASE NO. 86-17457-16 CITY UF CLEARWATER, Defendant. / JOINDER IN SETTLEMENT AGREEMENT The unde~signed, being the pu~chase~ of Units C and D, FOUR SEASONS LANDINGS, A CONDOMINIUM, acco~ding to Condominium Plat Book 101, Page 34, Public Reco~ds of pinellas County, Flo~ida, as owner in inte~est, to Fou~ Seasons Landings, Inc., does hereby join in the settlement of the case above desc~ibed. ~t..U) /I-- 't~ ~ w~ I JLL2R/JSA2 ~_ .. ..t I ' I IN THE CI~CUIT COURT Of THE SIXTH JUDICIAL CIRCUIT IN AND fOR PINELLAS COUNTY, FLORIDA - CIVIL DIVISION CITY Of CLEARWATER, Plaintiff, vs. CASE NO. 85-4145-15 JAMES R. GRAY, Defendant. / JAMES WILDER THACKER, et al., Plaintiffs vs. CASE NO. 86-17457-16 CITY Of CLEARWATER, Defendant. / AFFIDAVIT IN AID OF SETTLEMENT AGREEMENT STATE OF FLORDIA COUNTY OF PINELLAS The unde~signed, being fi~st duly swo~n, deposes and says as follows: 1. That I am William J. Kimpton, a licensed p~acticing attorney in Clea~water, Pinellas County, Florida. 2. In my capacity as an attorney, I have p~epared the Condominium Decla~ation fo~ Fou~ Seasons Landings, a Condominium, which consists of one fou~-unit condominium building, located on real property described as tollows: The South 1/2 of Lot 25, and all of Lots 26, 27, and 28, CLEARWATER HEACH PARK, acco~diny to the map or plat the~eof, as recorded in plat Hook 10, Page 42, of the Public Reco~ds at Pinellas County, Florida. J. Subseyuent to completion of the Condominium development, the f ou ~ i nd i v i(jual condom in ium un its we ~e sold to th~ee purchasers as follows: (a) Unit A - Four Seasons Condo Limited, a Florida Limited Pa~tne~ship; (b) Unit B - John Michael Donovan and Leta Letize (c) Units C and 0 - Alka Co~po~ation, a New York Corporation. 4. four Seasons Landings, Inc., a Flo~ida co~po~ation, the deve- lope~ of the above-desc~ibed condominium project, has sold all of its -1- JLL2l)/FSLAFFl Qo., .~~ JJ ! J ) I inte~est in said lands and condominium development, and has no further inte~est the~ein of whatever npture. Accordingly, said condominium developer is not a p~oper party to the Settlement Agreement, for the above-desc~ibed matter, having no legal interest therein. 5. By execution of the Joinder in Settlement Agreement forms, the condominium purchase~s above named, have fully subjected the prO- perty described hereinabove to the terms and conditions of the Settlement Agreement, as well as all of the owners of any interest in said property, of whatever nature. ~ ......- Further, deponent sayeth not. fM !/~ / 'Willia: ~ Kimpton // II 6# day of March, 1989. ';f We d4cllu ~ t~ry Publ ic ~- Sworn to and subscribed before me this My Commission Exvires: ItOTAItY PIJl!LIC STAfr Of nORroA MY COM"ISSION fXP. MMl 10,1991 DONDrO IHRU GENERAL INS, UNO. -2-