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DVA2009-00005; 2165 GULF TO BAY BLVD; LAKESIDE OF CLEARWATERDVA2009-00005 2165 GULF TO BAY BLVD LAKESIDE OF CLEARWATER PLANNER OF RECORD: WW ATLAS # 298B ZONING: MHP LAND USE: RLM RECEIVED: 12/01/2009 INCOMPLETE: COMPLETE: MAPS PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet CDB Meeting Date: February 16, 2010 Case Number: DVA2009-00005 (Related to LUZ2009-12003, FLD2009-12045 and FLD2009-12046) Agenda Item: E.4.~Related to E.3., D.2. and D.3.) Owners/Applicants: Nickel Plate Properties Inc. and Lakeside Enterprises, L.L.C. Representative: E.D. Armstrong III Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 2165 Gulf-to-Bay Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606. CURRENT/PROPOSED Current: Mobile Home Park (MHP) District ZONING DISTRICT(S): Proposed: Commercial (C) District (Parcel 1) and Medium Density Residential (MDR) District (Parcel 2) CURRENT/PROPOSED Current: Residential Low Medium (RLM) LAND USE PLAN Proposed: Residential/Office/Retail (R/O/R) (Parcel l) and CATEGORY(IES): Residential Medium (RM) (Parcel 2) PROPERTY USE: Current: Vacant (former mobile home parks) Proposed: Retail Sales and Services and Restaurant uses of up to 90,000 square feet of floor area (0.178 Floor Area Ratio) at a maximum height of 36 feet, and 243 Attached Dwellings (13.181 dwelling units per acre) at a maximum height of 41 feet EXISTING North: Commercial (C) District SURROUNDING Retail Sales uses and Automobile Service Station ZONING AND USES: South: Low Medium Density Residential (LMDR) District Detached Dwellings East: Commercial (C) and Office (O) Districts Retail Sales uses and Office uses West: Commercial (C), Medium Density Residential (MDR) and Low Medium Density Residential (LMDR) Districts Automobile Sales and Detached Dwellings Community Development Board -February 16, 2010 DVA2009-00005 -Page 1 of 5 ANALYSIS: Site Location and Existing Conditions: The 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road. The subject property was previously developed with mobile home parks (all mobile homes and common facilities have been removed or demolished). The subject property has approximately 820 feet of frontage along Gulf-to-Bay Boulevard, approximately 1,225 feet of frontage along S. Belcher Road and approximately 1,301 feet of frontage along Druid Road. Properties to the north of the subject property across Gulf-to-Bay Boulevard are zoned Commercial (C) District and are developed with retail sales uses (Albertson's, vacant bank and a vacant K-Mart) and an automobile service station at the northwest corner of Gulf-to-Bay Boulevard and S. Belcher Road. Properties to the east across S. Belcher Road are zoned Commercial (C) District and Office (O) District and are developed with the Publix shopping center, bank, funeral home and offices. Properties to the south across Druid Road are zoned Low Medium Density Residential (LMDR) District and are developed with detached dwellings. Properties to the west of the subject property are zoned Commercial (C) District, Medium Density Residential (MDR) District and Low Medium Density Residential (LMDR) District. The property adjacent to the west of the northern portion of the subject property (requested to be rezoned to Commercial District) is developed with an automobile sales dealership. Detached dwellings are adjacent to the west of the southern portion of the subject property (requested to be rezoned to Medium Density Residential District). Development Proposals: .. There is a companion application to amend the land use plan category for the northern portion; of ~~ the subject property (Parcel 1) from Residential Low Medium (RLM) category to Residential/Office/Retail (R/O/R) category, and rezoning this area from Mobile. Home Park (MHP) District to Commercial (C) District; and amending the land use plan category the southern portion of the subject property (Parcei 2) from Residentiai Low iviedium (RLivi) category to Residential Medium (RM) category, and rezoning this area from Mobile Home Park (MHP) District to Medium Density Residential (MDR) District (LUZ2009-12003}. The development proposal includes two companion Flexible Development applications (FLD2009- 12045 and FLD2009-12046). The northern portion of the subject property is proposed to be developed with a total of 82,999 square feet of commercial floor area (70,212 square feet of retail sales uses and 12,787 square feet of restaurant uses). The southern portion of the subject property is proposed to be developed with 243 attached dwellings. Development Agreement: The proposed Residential/Office/Retail (R/O/R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0.40. The proposed Residential Medium (RM) land use plan category for the southern portion of the subject property permits a maximum density of 15 dwelling units per acre. The purpose of this Development Agreement is to restrict the development potential on both the northern and southern portions to less than the maximums allowable. Parcel 1 (northern portion), based on the proposed lot area (506,892 square feet; 11.637 acres) and the maximum FAR, could be developed with a maximum of 202,756 square feet of nonresidential floor area. The Development Agreement proposes a maximum of 90,000 square feet of retail sales and restaurant development floor area at a FAR of 0.178. It is noted that the Community Development Board -February 16, 2010 DVA2009-00005 -Page 2 of 5 Development Agreement permits a larger amount of nonresidential floor area (90,000 square feet) than that actually proposed under the companion Flexible Development application (FLD2009-12046; 82,999 square feet), which gives some flexibility for future amendments to the Flexible Development application without needing to amend the Development Agreement. Parcel 2 (southern portion), based on the proposed lot area (803,028 square feet; 18.435 acres) and the maximum density, could be developed with a maximum of 276 dwelling units. The Development Agreement proposes a maximum of 243 dwelling units at a density of 13.181 dwelling units per acre. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: ^ Is not effective until final approval and effectiveness of the amendment of the land use plan categories and rezonings under LUZ2009-12003; ^ Sets out the Developer's transportation obligations, including: • Dedication of approximately 0.09 acre of right-of--way for an eastbound right turn only lane on S.R. 60; • Construction of the Parcel 1 project driveway located on S.R. 60 across from South Main Avenue with right turn in, right turn out, and left turn in only movements; • Installation of a directional median separator on S.R. 60 between South Main Avenue and the Parcel 1 project driveway such as to prohibit left turns exiting Parcel 1 and left turns exiting South Main Avenue; • Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road; • Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance; • Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project entrance with pedestrian signals at all four legs of the intersection; • Granting of an easement, in favor of the City, for the purpose of installation and maintenance of signal control equipment to be located at the southwest corner of the intersection of Belcher Road and the project drive/Publix entrance; and • Construction of three Parcel 2 project entrance driveways on Druid Road. ^ Acknowledges that Parcel 1 and Parcel 2 are independent building sites subject to access easements, allowing for separate ownership of Parcels 1 and 2; ^ Provides for the subdivision of Parcel 1 to allow for separate ownership of individual commercial buildings without the need to amend the site plan under FLD2009-12046; ^ Provides for Parcel 1 to be considered as one parcel for purposes of signage, which maybe permitted through a Comprehensive Sign Program; The Community Development Board (CDB) has been provided with the most recent Development Agreement. Community Development Board -February 16, 2010 DVA2009-00005 -Page 3 of 5 The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of January 7, 2010, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 30.07 acres is located on the west side of S. Belcher Road between Gulf-to-Bay Boulevard and Druid Road; 2. That there is a companion application to amend the land use plan category for the northern portion of the subject property (Parcel 1) from Residential Low Medium (RLM) category to ResidentiaUOffice/Retail (R/O/R) category, and rezoning this area from Mobile Home Park (MHP) District to Commercial (C) District; and amending the land use plan category the southern portion of the subject property (Parcel 2) from Residential Low Medium (RLM) category to Residential Medium (RM) category, and rezoning this area from Mobile Home Park (MHP) District to Medium Density Residential (MDR) District (LUZ2009-12003); 3. That the proposed Residential/Office/Retail (R/O/R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0:40; 4. That the proposed Residential Medium (RM) land use plan category for the southern portion of the subject property permits a maximum density of 15 dwelling units per acre; and 5. That the purpose of this Development Agreement is to restrict the development potential on both the northern and southern portions to less than the maximums allowable. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the maximum requirements for the construction of on-site and off-site improvements under the related site plan proposals (FLD2009-12045 and FLD2009-12046); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4-606, for the property at 2165 Gulf-to-Bay Boulevard. Community Development Board -February 16, 2010 DVA2009-00005 -Page 4 of 5 Prepared by Planning and Development Department Staff: ~ ~ Wayne M ells, AICP, Planner III ATTACHMENTS: ^ Development Agreement with Exhibits ^ Location Map ^ Aerial Map ^ Land Use Plan Map ^ Zoning Map S:IPlanning DeparnnentlC D BIFLEX (FLD)IPending cnsesl Up for the nest CDBIDVA2009-00005 - Gulf to Bay 2165 (C + MDR) 20/O.xs - 2.16.10 CDB -WWI Gulf to Bay 2165 DVA Staff Report for 2.16.10 CDB. docx Community Development Board -February 16, 2010 DVA2009-00005 -Page 5 of 5 Wayne M. Wells, AICP 100 South Myrtle Avenue, Clearwater, FL 33756 Phone: 727-562-4504 ~ Email: wayne.~~~ells~:mvclearwater.com PROFESSIONAL EXPERIENCE Planner III Planning and Development Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; Reviewed building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). ^ Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director; Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site plans and building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Program Manager, Zoning Branch Manatee County Dept. of Planning and Development, Bradenton, FL June 1984 to March 1989 Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code Enforcement Board; Investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section -Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; Reviewed final site plans and building permits for Code enforcement; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Planner I Alachua County Dept. of Planning and Development, Gainesville, FL June 1980 to June 1984 Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information and Data Book; Drafted ordinance revisions; General research. ^ Graduate Assistant University of Florida Dept. of Urban and Regional Planning, Gainesville, FL 1979 to 1981 Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County Comprehensive Plan. ^ Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Primarily prepared graphics, for both publication and presentation; Division photographer for 1'/2 years; Worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section 2165 GULF TO BAY BLVD DVA2009-00005 LAKESIDE OF CLEARWATER Zoning: MHP atias# 2988 SITE PHOTO'S FOR THIS CASE ARE LOCATED WITH CASE FLD2009-12045 - 2165 GULF TO BAY BOULEVARD _ _ .~ Q Q ~~. t n _~ cc z ~ ~s ~ z a z w ~ ¢ u! z t- ~ Z ~ C L'VH1TFv4AiV ST DR ~ p cHAUCER ST ~~`~"'" JECT O PR . ~.. ~ ~iELLEY s~ Ct7R7dELL / ~ a7I TE .. 0 z c SR-o0 €~JIF-TO-BAY J BLVVD ~~ ~-, r ~ R6GERS O iLt ~ ' ~~ ^ I r ~ r- •. . ~ - J ~ . 1 1 ~•~~ ~.- ? rner Crudd Park, [Af~B (' •~..~~ :~~ ~ ~ .. ~ ~ 1 ~ ~ ~ o M{SRCP86a',R ~ ~ w ~ . :f 1 m Z S3R33f~41R J l____~ ~~ ~'- Q _ U ~ °R ~~ .lAFEA PL ~` 4.,-.._ ,. ~:~ ll ~ fCENtr~Q~tE y AG4DEtu3Y ~ ~ ~ BASCC}P„9 ~,vAY o ~~ ~ cn~~ > ta~ ~ ARAGIVLkiA ~ ~ ~ >- o C?R j CF~LEGE DR Z ~ ~ Z ~ GRCWENIOC;O , Lr . u RD R6 DR ~ ~ w i RtPCx~1 oR ~ ~ ~ ~ cc Q UN:VE RS QR ~~ o z `` ~ ~ ~ ~ `. z 4 p ~ ~ e RD c ST Z O i* , ~ft~f1JERSpTY DR 5 M3NNEflLA `^ , ..+raa~NICE:=: ~•. r.~: j.:~; {~.': ': r: a,....,.. ~ -, Location Map Owners: Nickel Plate Properties, Inc. E Case: ~ DVA2009-00005 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to -Bay Boulevard Property ~ Size(Acres): I 30.07 Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000-410-0200 PIN: ~ , & From : RLM MHP ~ 13-29-15-00000-410-0300 To: R/O/R 8~ RM C 8~ MHDR i Atlas Page: ~ 298B N 401 403 A 3 407 ~ 409 ~ t ~ a W CG Q C^ ^/+ ~ z ~o a N O O ~ '^ M O N N ? /w ' ap ~ 01 O O A vJ O ~j ~ N N N Q N ` N - GULF-TO-BAY BL VD W O r' ~ ^ N N N N /~ /1 v ~+ M ~ 'd' N ~y O N 511 Cj G 520 519 R~ R •O/-~ 525 5 525 5 529 533 ~ /~ V O N N N 529 601 N RM N N I \/II Ql b N o 655 N O O N N 693 0 0 N N N N N N / V V N N h 715 N N DRUID RD O m O ao to N a} "~ N .r O N h ~ ^b 80 80 603 N N N N N ~ 80 Future Land Use Map Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property Size(Acres): 30.07 Land Use Zoning 13-29-15-00000-410-0100, 1 3-29-1 5-00000-4 1 0-0200 PIN : , From : RLM MHP 8~ 13-29-15-00000-410-0300 To: R/O/R & RM C 8~ MHDR Attas Page: 2986 ,- ,~ N N N 3 3 401 403 1 407 ~ ` 409 411 ` a ~' y W o Q 4~O ~ Q Q MHP ! N ~~,~~ NNNN ~ ~j C ~ O ~ N N I ^ v/ //^~' ^ ~/ ^ l /^~ ~// O / V ~ N ~ N N N O N O N Q GU F- GULF TO BA TO-B B LVD ~ - - Y BLVD o N N 7 a O N N N N N 511 . 520 519 • C 525 52 525 52 529 533 O 529 O N O N N . o~ N N N 601 ~ ~ ~ ~ MHDR 655 N N N /T' L N ~O N N N 693 n N O O N N ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 15 N O N ~ O 0 N 803 N ~ Q1 tD a' N N c~ v N N N N N O ~n N N 80 N O Zoning Map Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 Lakeside Enter rises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size~Acres): Land Use Zoning 13-29-15-00000-410-0100, 1 3-29-1 5-00000-4 1 0-0200 PIN: , From : RLM MHP 8~ 1 3-29-1 5-00000-4 1 0-0300 To: R/O/R 8~ RM C 8~ MHDR Atlas Page: 2986 6 N 5~ ~ R 1 4 ®u, ; ; 4 411 d ~ ~ ; 5 Z Vacant Shoppin Q ~ R Q ~ r - ~ L/J'L1[•,_r~J z ~~ ~ ; 6 Center Grocery ,a _ y _ Store o ,~ , ~ ~~, ~ ~ Sure R ~ o z ~ .:as1 ,ee N L - -BA ® «.~ N a D R N N s N R R A GULF-TO-BAYBLVD o ~ ~ ~ N s~ ~ ~ N ~ ~~ N zH N N Aut ' ~~ e sh'p -o ^ ~ a N : ~,~ ,.se M ~ 51 ' Sho ~n " pp - 9- _ 5 9 9 ~ Center with 3 r ~ o acant ~ 525 ~ --- --~-- F Grocery Sin ,_ eeo Store 13 Fa 533 o " ~° o N N IRe #ia x R 529 ew 'w ~ so1 v"asE Bank . ~ ~ ~ r-~ Ls2esa ~ P" 655 ~ 9 20 RZi o Vaca nt PNASE a 6 Funeral m PHASE a R ps~/ome p 5 PH 0 N N p ^R ~ N N N ees PHASE I 6 s ~ O••I e N N ~~ X715 N N 8 R DRUID RD ~.. , a :.e R a 1 N z5 {/,,y ~ ~!/lA~~C N ~ / V • -~ -l~ I-\ ~ z ' a I ~ a ,z N s ~ n ,o ' ^ ' ' 803 N N N N N N 8 CAMPUS DR ' ' ^ ~0 N N ^r 10 ~ ti°1 m s p 1oa ,o~ tD ,oR N N N N Existing Surrounding Uses Map Owners: Nickel Plate Properties, Inc. Lakeside Enter rises, L.L.C. Case: DVA2009-00005 Site: 2165 Gulf-to-Bay Boulevard Property Size(Acres): 30.07 Land Use Zoning 13-29-15-00000-410-0100, 13 29 15 00000 410 0200 PIN: - - - - - , From : RLM MHP 13-29-15-00000-410-0300 To: R/O/R & RM C 8~ MHDR Atlas Page: 2986 a; F ~ ~ ~ .~ ._ ~ ~ r N,~ ~~ ' ~ _ ~ ~ r .r ~~ ~ 7T~~~ M' R' ~~I 11, rFYY1yP jj ' _ ~ ' _ ~~~ ~ , yam" ~ ~ ~f Mw ~t\F\ ~ ( 1 y s ' ~ ~ ~ *'4 ! 4~, ~t~ y~.~ ~ ' , ~ ~ ' F ~ r11 T "'1'. f 111 ° F ¢ t 'rdrl ~ ~ t ~a y ' ~ j F 1 -~ ~~~ , f ^1^ ~ y yr~ ~ , 1 _ may. ' ~ r , ! ~ X~gl. r K i `l. .I ~ ~ a k~ '. / 1 J~ /. i ~ . y ,., ~ . ~ .. n o/R ~ ~ r 4 ' ~ lu ~' ~ , ~ ~ ~ a. ~ te ~ a ~ l $d _. , .~ ' R K ' .> 1 ~. '~. i` ~ j '~,~ `\ ` 1 ' ~ P ~ ~ r . % t f ,~r;+Y~rf r ' ~eT - .b..'~. , .. E ~~ ~, : ~ ~' + ~- ` ~ l ~ v r .-.~ _..._ , ~ . ~ ` L7`r ~ ,, T~ ..~ ''! _. _ ' ^7 ~ ~ 7 . t ~ ~! (. ' ~ ~ r !~ r. ~~ Aerial Map Owners: Nickel Plate Properties, Inc. Case: DVA2009-00005 Lakeside Enterprises, L.L.C. Site: 2165 Gulf-to-Bay Boulevard Property 30.07 Size(Acres): Land Use Zoning 13-29-15-00000-410-0100, 13-29-15-00000 410 0200 PIN: - - , From : R LM M H P 8~ 13-29-15-00000-410-0300 To: R/O/R 8~ RM C 8~ MHDR Atlas Page: 2988 -~ ,~# r LL 0 ~_ ~ ~at~r V Planning Department 1 t)0 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 p SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION O SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans O SUBMIT APPLICATIONFEE$ DEVELOPMENT AGREEMENT APPLICATION (xe.~isea osrrvoa) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4202.A) APPLICANT NAME: ~~~' PLATE PRQPERTIES, INC.., a Florida oorporation MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: CASE #: DATE RECEIVED.: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: 813-835-4197 EMAIL ADDRESS: PROPERTY OMVNER(S): ~~' PLATE PROPERTIES, INC. , a Florida corporation ~~~~~~SES, L.L.C., a Florida oorporation E. D. Armstrong III,- Esquire and AGENT NAME: Johnson, Pope, Bokor, Koppel & Burns, LLP MAILING ADDRESS: ~~,~-(,'~F,~S'tiltlt StrAai-y C`laarwatPr~. FT. ~~756 PHONE NUMBER: 727`461-181$ FAX NUMBER: 727-462-0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 2165 G1.11f-tO-Bi3y Boulevard LEGAL DESCRIPTION: See Exhibit "A° attached. . PARCEL NUMBER: PARCEL SIZE: 1414 West Swann, Suite 150, Ta>~a, FL 33606 813-579-2014 FAX NUMBER: 13-29-15-00000-410-0100 and 13-29-15-00000-410-0200 13-29-15-00000-4.10--0300 30.0?. acres (Parcel 1:11.637 acrear Parcel 2: 18.435 acres) (acres, square feet) PROPOSED USE AND SIZE: See Exhibit °B° attached. (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF.ANY RELATED REQUEST(S): See Exhibit "B" attached. (approval of a developmentindude all requested code deviations; e.g. reduction in required number of parking spaces, §peclfic use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO X (if yes, attach a copy of the applicable documents) Pags 1 of 5 -Development Agreement Appliption -City of Clearwater 6.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4606.8) M application for approval of a development agreement shall be accompanied by the fdlowing (use separate sheets or indude in a formal report): ^ STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS O DESCRIPTION OF ALL. EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ^ DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ^ INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPN PROPOSAL WERE TO BE APPROVED; ^ ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ^ COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4202.A) ^ SUBMIT A COPY OF THE TITLE OR DEED TOTHE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4606.G) ^ Provide the following contents to the development agreement, as follows: Contents The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of ail persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten Years. d. The development uses proposed for the land, inducting population densities, building intensities and building height. e. A description of the public fadlities and services that will serve the development, inducting who shall provide such public fadlities and services; date any new public fadlities and services, if needed, will be censtructed; who shall bear the expense of construction of any new public fadlities services; and a sdtedule to assure that the public fadlities and services are available concurrent with the impacts of the development. l development agreement shalt provide for a cashiers checit, a payment and performance bond or letter of credit in the amount of 115 percent of estimated cost of the public fadliUes and services, to be deposited with the dty to secure construction of arty new public facilities and setvk required to be constructed by the de~lopment agreement The development agreement shall provide that such constnrction shall be comply prior to the issuance of any certificate of occupancy.. f. A description of any reservation or dediption of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development ca Addffionally, a finding that the requirements for concurrency as set forth in. Amide 4 Division 10 of these regulations have been satisfied. i. A description. of any conditions, temrs, restrictions or other requirements determined to be necessary by the dty commission for the public heal safety or weNare of the- dozens of the City of Clearwater. Such conditions, terms, restrictions or other requirements- may be supplemental requirements in existing codes or ordinances of the dt)r. j. A statement indicating that the falure of the development agreement to address a particular permit, condition, term or restriction shall not relic the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof commenced or be completed within a specific period of time. The devebpment agreement may provide for liquidated damages, the denial of fuh development approvals, the termination of the development agreement, or the withholding of certiftcetes of occupancy for the failure of t developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure all successors in interest to the parties to the development agreement. m. All development agreements shall spedfically state that subsequently adopted ordinances and codes of the dty which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications 2 spedfically antidpated in the development agreement. ' Page 2 of 5 -Development Agreement Application -City of Clearwater E. SUPPLEMENTAL SUBMITTAL. REQUIREMENTS: (Section 4-202.A) ^ SIGNED AND SEALED SURVEY (induding legal description of property) -One original and 12 copies; ^ COPY OF RECORDED PLAT, as applicable; ^ PRELIMINARY PLAT, as required; ^ LOCATION MAP OF THE PROPERTY. ^ TREE SURVEY (induding existing trees on site and within 25' of the adjacent site, by species, size (DBH 4' or greater), and location, induding drip tines.) ^ GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A) ^ SITE PLAN with the following information (not to exceed 24" x 36~: _ All dimensions; _ North arrow; _ Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; _ Logtion map; _ Index sheet referendng individual sheets induded in package; _ Footprint and size of all buildings and structures; _ All required setbadts; _ All existing and proposed points of access; _ All required sight Mangles; _ Identifiption of environmentally unique areas, such as watercourses, wetlands, tree masses, and spedmen trees, induding description and location of understory, ground cover vegetation and wildlife habitats, eta _ Logtion of all public and private easements; _ Location of all. street rights-of-way within and adjacent to the site; Location of existing public and private utilities, induding fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; _ All parking spaces, driveways, loading areas and vehicular use areas; Depletion by shading or crosshatching of all required parking lot interior landscaped areas; _ Location of all refuse collection faalities and all required screening (min: 10'x12' dear space); _ Loption of all landscape material; _ Location of all. onsite and offsite storm-water management faa7ities; _ Loption of all outdoor lighting fixtures; and _ Logtion of alt existing and proposed sidewalks. ^ SITE DATA TABLE for existing, required, and proposed development, in wrilterVtabular form: _ Land area in square feet and acres; _ Number of dwelling units proposed; _ Gross floor area devoted to each use; _ Parking spaces: total number, presented in tabular form with the number of required spaces; _ Total. paved area, inducting all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; _ Size and species of all landscape material; _ Offidai records book and page numbers of-all existing utility easement; _ Building and structure heights _ Impermeable surface ratio (I.S.R.); and _ Floor area ratio (FA:R.) for all nonresidential uses. ^ REDUCED SITE PLAN to scale (8 %: X 11) and color rendering if possible; ^ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: _ One-foot contours or spot elevations on site; _ Otfske elevations. if regyired to evaluate the proposed stormwater management for the parcel; _ All open space areas; _ Location of all earthbr water retaining walls and earth berms; _ Lot lines and building lines (dimensioned); _ Streets and drives (dimensioned); _ Building and strucCural setbadks (dimensioned); _ Stnx~urel overhangs; _ Tree Inventory; prepared by a "certified arborist", of all trees 8' DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 3 of 5 -Development Agreement Appliption -City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ^ LANDSCAPE PLAN: Ail existing and proposed structures; _ Names of abutting streets; _ Drainage and retention areas including swales, side slopes and bottom elevations; _ Delineation and dimensions of aH required perimeter landscape buffers; _ Sight visibility triangles; _ Delineation and dimensions of ail parking areas including landscaping islands and curbing; _ Proposed and required parking spaces; _ Existing trees on-site andimmediately adjacent to the site, by spades, size and locations, including dripline; Loption, size, description, specifications and quantifies of all existing and proposed landscape materials, including botanical and common names; _ Typicel planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage; expressing in both square feet acid percentage covered- - Conditions of a previous development approval (e.g. condifions imposed by the Communiiy Development Board); _ Irrigation notes. REDUCED LANDSCAPE PLAN to scale (8'r4 X 11) (Dolor rendering ff possible); ^ IRRIGATION PLAN (required fot level iwo and three approvaq; ^ COMPREHENSIVE LANDSCAPE PROGRAM applipfion, as applipble. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A.23) Required in the event the applicatlon includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infili Redevelopment Project or a Residential Infill Project. ^ BUILDING ELEVATION DRAWINGS -all sides of all buildings inducting height dimensions, colors and materials; ^ REDUCED BUILDING ELEVATIONS -four sides of building with colors and materials to scale (S i4 X 11) (black and white and color rendering, if possible) as required. I. SIGNAGE: (Division 19. SIGNS /Section 3-1806) ^ Comprehensive Sign Program application, as applicable (separate application and fee required). ^ Reduced signage proposal (8'/: X.11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4801.C) ^ Include as required if proposed developmentwiil degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan: Trip generation shall be based on the most recent editlon of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4801 C of the Community Development Code for exceptions to this requirement K. SIGNATURE: I, the undersgned, acknowledge that all representations made in this appUcefion are true and accurate to the best of my knowledge and authorize City representafives to visft and photograph the property described in this application. Signature of property owner or representative E. D. Armstrong III, FsgL,; re STATE OF FLORIDA, COUNTY OF PINELLAS Swom and subscribed before xe this .~ rh' day of P.Y' A.D. 20 ~7 to me and/or by F. n' ctn. mriCJ TTT who is personaly known ~ Ri91 3i43: C.~ . otary lic, My commission expires: JAYNE E. SEARS Commission # DD 907040 Thu Troy Fain Nuance a1o~Sx119 Page 4 of 5 -Development Agreement Appligtion -City of Clearwater CITY OF CLEARWATER ~,Ir _ AFFIDAVIT TO AUTHORIZE AGENT o~ PLANNING. & DEVELOPMENT SERVICES ADMINISTRATION MUMCIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE. 2'~ FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 NICI~L PLATE PROPERTIES, INC.., a Florida wrporation (Name of ap property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 2165 Gulf-to-Bay Boulevard Parcel No. 13-29-15-00000-410-0100 (Addrea: orGeneral t.ocation) 2. That this property constitutes the property for which a request fora: Rezoning, ~ land use plan aQrencfi~nt, dev+elo~xnent agreenlexit application, flexible develcrp~.nt application and residential infill application. (Naturo of repuest) .~ 3. That the undersigned (has/have) appointed and (does/do) appoint E. D. Armstrong ~ III, Esquire, and Johnson, Pope, Bokor, Koppel &.Burns, LLP as (hisRheir) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. NICi~LL P IFS, INC. Pro Pf°P°m' a Andrew B. Ingersoll STATE OF FLORIDA, PreSldent COUNTY OF PINELLAS Before me the and r~tq ed, an officer duy commissior~d by the laves of the 5t o~ Florida, on this a ~ n`" day of ~ ~uu~ersonaly appeared AlldreW B. lrigerSO~ who having been first duty sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as P°resident of Nickel Plate Properties, Inc., a Florida ~, corporation, on behalf of the Notary Public fiAy Gommissign Expires: corporation s~~'!~ss'~ JAYNE E. SEARS S: application forms/development review/Affidavit to Authorize Agent -~ COnIRMSSIOn # DD ~71k10 ~ Expires September 2, 2013 ''~ „,. B°!de~ThuTmrFafnkpuancetl00~85~7019 ~ CITY OF CLEARWATER ~l AFFIDAVIT TO AUTHORIZE AGENT y =- o~ PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 I,AI~'SIDE II~TrERPRISES, L.L.C., a Florida limited .liability company (Name of aN property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Parcel IJo. 13-29-15-00000-410-0200 13-29-15-00000-410-0300 (Address or General Location) 2. That this property constftutes the property for which. a request for a: Rezoning, _ land use plan .arnendtrnnt; development agreemQnt application, flexible develogrnnt application and residential infill application. (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint E. D. Armstrong III, Esc~~; m, ar~d Johnson, Pope, Bcikor, Koppel & Burns, LLP as (hia/their) ageM(a) to exearte any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (Uwe), the undersigned authority, hereby certify that the foregoing is true .and correct. LAIO;S , L.L.C. Property p $"Dp°"~y eVa B. Ingersoll STATE OF FLORIDA, MaTlager COUNTY OF RNEI.LAS Before me the u^S~ lgned, an officer duly comm1sst ed by,~e of the of Florida, on this v20 ~`" day of N~Vember `~~y personally appeared A "• ~~ who having been first duly swum deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as Manager of Lakeside Enterprises, L.L.C., a ~, Florida limited I ,iabilty Notary Public MY Commission Expi s: ~>E~Y, on ~ehalf of the ocenpany ~~~ JAYNE E. SEARS .~= Commission # DD 907040 S: application forrns/development reviewlAffidavit to Authorize Agent - Expires September 2, 2013 ,;A~e,~~ Banded 7rru 7rq fain Mrsuaiee tA438SJ019 F~IIBIT "A'• Page 1 of 4 ~. ~., ~ ~., .., ~....ya ~..., .. .._......_..-..._Y_ .._ ~ ___ THIS IS M4I A SURVEY HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT AY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. IS LEGAL DESCRIPTION AND SKETCH WA5 PREPARED WITHOUT THE BENEFIT F A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: PARCEL 1 A poroei of Icnd being a portloh of the Northeast 1/4 of the Southeosl I/4 of Sectlon 13, Township 29 South, Range !5 Eaet, Pinellas County, Florlda, being more partlculorly described as follows: COMMENCE at the Northeast corner of the Northeast I/4 of the Southeast I/4 of Seotion 13, Township id f " ' ac E, along the East floe o 08 29 South, Range 15 East, Pinellas County, Florida; thence S00°09 al this le f g or Northeast I/4 01 the Southeast i/4 of Sectlon 13 (being the bolls of bearings t W es desarlptlon), for 667.61 feet to the point of Intersectlon with on Easter/y extenalan of the bllo P f th 5 u e o Right-ot-Way Ilne of BELCHER ROAD, according to Dificlai Records Book 4564, Paga 15 f the t I/4 th o eas Records of Pinellas County, Florlda; thenoe leaving sold East Ilne of the Nor Weat Right-ot-Way f th " ' e W, along aald Easterly exienalon o 51 Soufheoat I/4 of Sectlon 13, N89°t7 01 feet 50 . Ilne of BELCHER ROAD, and sold Weat Right-of-Way Ilne of BELCHER ROAD, reapectlvely, for f to the POINT OF BEGINNING; thence the following two courses along sold West Right-of-way line o t d E as BELCHER ROAD; (I) thence N00°09'08"W, along a Ilne 60.00 feet Weet of and parallel with sol Ilne of the Northeast I/4 of the Southeast 1/4 of Sectlon 13, for 577.05 feat; (2) thenoe leaving sold Ilne b0.00 feet West of and parallel with fhe Eosi Ilne of the Northeast I/4 of the Soufheoat th S ou 1/4 of Seailon 13, N48°38'29"W, for 62,35 feet 1o the point of Interaeotion with the Right-of-Way line of STATE ROAD 60, according to Florlda Department of Tronsportatlon Right-of-Way ER ROAD , Map 15040-2501, dated February 23, 1960; thence leaving sold Weai Rlght-oi-Way Ilne of BELCH f th t S o ou along sold South Right-of-Way of STATE ROAD 60, same being o Ilne 50.00 fee N89°22'20"W , and parallel with the North Ilea of sold Northoaal I/4 of the Southeast I/4 of Sectlon 13, for 770.94 feet to the point of Intersectlon wlih the East line of that cattalo property ca desoribed in ld Deed Boak 1016, Page 329 of the Publlo Records of'Pinellas County, Florida; thence leaving aa roperty talo t th " ' p cat a W, along sold Eaet Tine of 59 South Rlght-ot-Way Ilne o1 STATE ROAD 60, S00°40 oe described in Deed Book 1016, Paga 329, for 616.65 feet to the Southeast corner of said aertcin oint the t t " ° ' p o E, for 310.62 fee 02 18 property as desorlbed In Deed Book 1016, Page 329; thence S89 id f sa of Intersectlon with o non-tangent curve, oonoave Northerly; thence Easterly along the arc o a oentral ongie of 50 fe t 65 ' " e , . W, having a radius of 51 curve, from a radial bearing cf S32°15 an aro length of 72.17 feet, and o chord bearing S89°18'02"E for 68.57 feet to the point 63°07'45" , of intersection with o non-tangent tine; thence S89°18'02"E, for 447.45 feet 1o the POINT OF BEGINNING. Containing 506,892 square feet or 11.637 acres, more or lase. Error of .closure: 0.004 feet (JEB) NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS BOLELY BASED UPON A BOUNDARY TITLED "LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, INC IDA DESIGN CONSULTANTS . , AND TOPOGRAPHIC SURVEY PREPARED BY FLOR DATED 3/31!2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD. BOUNDARY SURVEY. PREPARED FoR: LAKESIDE AT CLEARWATER SHEET DESCRIPTIOPI: NORTH COMMERCIAL PARCEL sca~E: DATE: DRAWN: cALCEO: CHECKED: SEE SHEET 1 FOR LEGAL DESCRIPTION NONE 1017109 JEB JEB JEB ~~ SEE SHEET 2 FOR SKETCH /09-CHANGE SHEET DESCRIPTION (JEB) REVISION 1-11/9 JOB No.: EPN: SECTION: TOWNSHIP: RANGE: , REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, ~NCi. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS ~ SURVEYORS 8 PLANNERS 3030 Starkey Blvd. New Porl Richey, Florida 34655 DAVID WILLIAM McD (727) e4s-75ee PROFESSIONAL SURVEYOR AND MAPPER Certlflcote of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA mCopyright 2009 Fiorid° Design Consultants, Inc. Drawings and concepia may not be used or reproduced without written permisslon. JrICCt __ ~: __ EXHIBIT "A.. Page 2 of 4 J; \329\Dota\Dwga\LS\329J1L1. COMMERgAL~.S4.tlwg -Jon O8, 2010 ®t0:D0am - peckmon THIS IS rLQI A SURVEY =RE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. S LEGAL DESCRIPTION AND SKETCH WAS PREPARED HATHOUT THE BENEFIT A TITLE POLICY. 4RING3 ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION N 0 100 200 ~~ POC - - ~ 50.00' - STATE ROAD 60- - - - - NE COR OF N LINE _NE 1/4 OF SE 1/4 OF SEC 13-29S-15E TME ~ 1~4 ~ S R/W STATE ROAD 60 (FOOT 15040-2501 SEC 13-29S-16E N89'22 20"W 770.94' N48'38'29"W 62.35' W R/W BELCHER ROAD (ORB 4584, PO 155) bO.OD' ~ '- .. AC ~ ACRES rn BNG =BEARING COR =CORNER DB =DEED BOOK ~ FOOT = FLORIDA DEPARTMENT OF 1RANSPORTATKNJ ~~ .- RIGHT-OF-WAY MAP ~ u 4 Mo RE oR LESs OR8 = OFFlgAI RECORDS BOOK PB =PLAT BOOK PG =PAGE POB -POINT OF BEGINNING POC = POD1T OF COMMENCEMENT RAD =RADIAL R ~ RIGHT-OF-WAY ~ SE COR g . ~ A~ DB 1016, PG 329 ` ~ N 1/2 OF THE NE 1/4 ~ ~ ~I O n I )` "~ ~ ~ ro ~ OF THE SE Si4 OF SEC 13-293-15E O d: n Q / a ~ SUBJECT PROPERTY: ~ 1~ ~ ~, ~ p~ ~ ~,~ c, S 508,892 SQ f T, OR 11.837 AC, MOL ~ ~ w v ~ z m3 30~ ~pl~~ ~ °In' RADIUS=65.50' ' o E,5 NI m ° ° ^ w °. LENGTH=72.17 Q ~ 3 o ~ ~ o CHORD=68.57 " o m ° . ~s CS ~ 0. c°n E CHORD BEARING=S89'18'02 z ~ ~~ m ~ DELTA=63'07'45" ' " a z } 51 W RADIAL BEARING=S32"15 POB J ~` S89'18'02"E 310.62' ~ S89'18'02"E 447.45' ~~ ~ 3: W R/W BELCHER ROAD ~ S 1 /2 OF THE tCE . /4 (ORB 4584, PG 155) OF THE SE 1/4 OF ~ SEC 13-29S-15E 1O SE COR OF THE NE 1/4 OF THE SE 1/4 OF SEC 13-29S-15E NOTE, THE. GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY DATED 03/310a12009ICANDRRECORDED000MENTS ASONOTEDEHEREIN AND ISASUBJECT TOIAN ACCURATE FIELD BOUNDARY SURVEY NUMBER 2009-0007, REP'u=E° FoR: LAKESIDE AT CLEARWATER ISNEET DESCRIPiIOPk NORTH COMMERCIAL PARCEL ~ SCALE DATE: DRAWN: CALCED: CHECKED; I"=2~0' 101709 JEB JEB JEB J08 No.s EPN: SECTION: TOWNSHIP: RANGE: 2009-07 329 13 29S 15E FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 6 PLANNERS 3030 3larkey Blvd. New Pori RlcAey. Florida 34655 (7271 849-7588 Certtflcata of Authorization: LB 6707 State of Florida SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 2-01 /8/10 REVI. ED PARCE ~ GEOMI ETRY (tJEB)) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. '~~ DAVID WILLIAM McDANIEL PROFELSCENSE NUMBEROLSA5840APPER STATE OF FLORIDA ©Copyright 2009 Florldo Design Conaultante, Inc. Drawings and concepts moy not be used or reproduced without written oermisslon. SFI@et L Of L EXEiIBIT "A'• Page 3 of 4 J: \3Z9\Oatp\uwgs\~s\~za-rccawennn~_w..~ny - ~~•• --•- - •- - - . THIS IS l~4I A SURVEY PROPERTY THAT C O IC ~ S L D N tS COUNTY. F TH O RDS RE C PUB THE MAY BE FOUND IN THIS LEGAL DESCRIP710N AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. BEARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION --- LEGAL DESCRIPTION: P~~, 2 artlculariy/desorsbedlae iollowanship oree o t b i h N o e ~ d o p p ng m e ida Flo County, Plnellas East l5 Ronge South, 29 COMMENCE of the Northeast corner of the Northeast 1/4 of the Southeast I/4 of Section 13, Township along the Eost line of sold S00°09'08"E h , ence 29 South, Range 15 Eost, Pinellas County, Florlda; t t I/4 of Sectlon 13 (being the basla of beoringa for this legal h eas Northeast I/4 of the Sout for 1,335.85 feet to the Southeast corner of said Northeast I/4 of the Southeast I/4 description) ct t , for Seotion 3 lNol/4eofttha Southeaetol/4eof rth dnN s h e a I eas o sol Ilna of Sout t he W, along 13, N89°12 46 f sold Northeast I/4 of the Southeast I/4 of Sectlon 13; 1,336.89 feet to the Southwest corner o along the West Ilne of sold Northeast I/4 of the Southeast 1/4 of Sectlon 13, N00°23'47"W , thence for 50.01 feet to the POINT OF BEGINNING; thence continue N00°23'47"W, along said West Ilne of the D D 616AR0~faet lor aPubllc3ReoomdsbofnPinallassCaunty,oFloASda, ftth 74 S th t / N e o Poge 6 6l Plat Book ecorded tn South I/2 of sold Northeast I/4 of the Southeast I/4 of Sectlon 13, f th e to the Northwest corner o same befog the Southwest corner of BAMBOO SUBDIVISION, as recorded in Piot Book 28, Page 75 of the t I/4 01 h eas Public Records of Pinellas County, Florlda; thence leaving sold West Ilne of the Nort th Ilne of said South 1/2 of the N ' ' or E, along the 33 the Southeast I/4 of Sectlon 13, S89°17 f ~8 f 1 t t e s o t / h o Poge 3 1016 Book ln Deed descrlbed as property certoin that line of SUBDIVISION/4and the Soulh t the S as ou the Public Records of Pinellas County, Florida, respectively, for 463.05 feet to the g sold North e 329; thenae leavi Pa k 1016 d B n g , oo corner of sold certain property ae deacrlbed In Dee st I/4 of fhe Southeast I/4 of Sectlon 13, 589 18'02"E, for th N ea or Ilne of the South I/2 of the 62 feet to the point of Intersection with a non-tangent curve, concave Northerly; thence 310 50 f 65 " ' . . W, having a radius o 51 Easterly along the arc of sold curve, from a radial bearing of S32°15 rd bearing S89°18'02"E for h d o a c feet, a central angle of 63°07'45", an arc length of 72.17 feet, an ith a non-tongeni Ilne; thence S89°18'02"E, for 447.45 feet ti on w 68.57 feet io the point of Intersec to the polni of Intersection with the West Right-of-Way Iina of BELCHER ROAD, acaording to Official S89°17'51"E , Records Book 4564, Poge 155 01 the Public Records of Pinellas County, Florida; thence thence S00°09'08"E, continuing 00 feet 4 ; . along sold West Right-of-Way line of BELCHER ROAD, for 1 same being a line 36.00 teat Weat of and parallel f BELCHER ROAD Il -W , ne o ay along sold West Right-of with said East Ilne of the Northeast I/4 of the Southeast I/4 of Sectlon 13, for 617.98 feat to the i l d Offi a c point of lntersactlon with the North Right-oi-Way Ilne of DRUID ROAD, according to sol Florlda; thence leaving sold llas County f Pi d , ne s o Records Book 4564, Page 155 of the Public Recor N89°12'46"W, along sold North Right-of-Way line of DRUID BELCHER ROAD , West Right-of-Way Ilne of same being o Ilne 50.00 feet North of and parallel with sold South line of the Northeast I/4 ROAD , of fhe Southeast I/4 of Sectlon 13, for 1,301.10 feet to the POINT OF BEGINNING. Containing 803,028 square feet or 18.435 acres, more or leas. Error of closure: 0.008 feet (JEB) NOTE, THE oEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY B NUMBER 2009-0007, I C AN ACCURATE FIELD BOUNDARY SURVEy ~TO DATEDO3I31f2009CANDRRE ORDEDOCUMENTS ASONOTED HEREIN ANSD IS SUBJECT PREPARED FOR: LAKESIDE AT CLEARWATER SHEET DESCRIPnDN: SOUTH RESIDENTIAL PARCEL SCALE: DALE: DRAWN: CALLED: CHECKED: SEE SHEET 1 FOR LEGAL DESCRIPTION NONE 1016109 JEB JEB JEB ~ SEE SHEET 2 FOR SKETCH REVISION 1-11/9/09-CHANGE SHEET DESCRIP110N (JEB) JOB No.: EPN: SECnork TOHMSFpP: RaNCE: REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 ~3 29$ I5E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, 1NCi. LICENSED SURVEYOR AND MAPPER. ENVIRONMENTALISTS ENGINEERS ~ , SURVEYORS B PLANNERS 3030 Slorkey Blvd. New Porl Richey, Florida 34655 DAVID WILLIAM McDANIEL (727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certiflcate of Authorization: LB 6707 40 F LIC U State of Florlda FLORIDA O STATE t^L .-1 ..~ p Copyright 2009 Florkio Design Consultants, Ina. Drawings and concepts may not be used or reproaucea w~tnouc wnctan permisa,°r,. .+~,..~ • ., ~ ..__ EXEIIBIT "A" Page 4 of 4 J: \329\Data\Dwga\LS\329~JtESIDENTIAL_LSt.dwg -Jon 08, 2010 ®10:33am - ~eckmon THIS IS r1QI A SURVEY RBE FOUND NDTHE PUBUCSRECORDS OF THIS COUNTY.PROPERTY THAT i LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY. ,RINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION ~~ r i~ Y 3 P N - c~ n- - `~ c~ rc ,- ~njco.. ~, W~ - b 3 O N `C~ ~ Poc A ACRES NE COR OF I DB =DEED BOOK THE NE 1/4 OF I a;a;BDO SUacr:ISiotJ FT a FEET THE SE 1/4 OF I PB 26, Pa i5 MOL =MORE OR LESS SEC 13-29S-15E ORB ~ OFFlCIAL RECORDS BOOK PB =PLAT BOOK S UNE BAMBOO S UNE p~ a pgHj' OF BEGiNMNG S69'17'S1"E ~P~GJ 75) (PB YB N ~ DB 1018, PG 329 POC s POINT OF COMMENCEMENT 1 r}, DD' Z00 , ~ ~ RR [/ ~W ~ RIGHT-OF-WAY 0 100 <> LOT ? I I L.07 14 m ~~ SE C SO " SO !ARE _~ r . " r I ~~ ~a0 y~,,~~ Ova SE 1 10 E F S89'18'02"E 310.62 S89'18 02 E 447.45 I ° 5E C 29S OF THE SE I/4 F W R/W BELCHER ROAD a I S89'17'33"E 463.05' SE COR (ORB 4584, PG 155) O DB 1618, PO 329 D_ ~ \ RADIUS=65,50' _ ~ ~, ~ NW COR OF S 1/2 OF THE LENGTH=72.17' uD g ~ eD ~ NE 1/4 OF THE SE 1/4 OF CHORD=68.57 " ' °' ~ ~ m sEC t3-29s-15E; E 02 CHORD BEARING=S89'18 ~ o SW COR BAMBOO SUBDIVISION (pB 28, pG 75) , " CT PROPERTY' DELTA~63'07 45 ~ " to ~ ~~ I ~~3 00 ~~~ M w~0 ~wZ 3 POB SW COR OF THE NE 1/4 OF THE SE 1/4 OF SEC 13-29S-15E SUBJE RADIAL BEARINGaS32'15 51 W I$ 803,028 SQ FT, OR I~~ 18.435 AC, MOL v 1 /2 OF THE NE 1 /4 w w uwi OF THE SE 1 /4 OF p ~j m SEC 13-29S-15E ° v O QQr, ~ t o \ ro 3 r~' z IW 3 17 Iw . N89'12'48"W 1301.10' 3s.oo' -- N R/W DRUID ROAD (ORB 4584, PD 155) _ _ _ _S_UN_E NE 1/4 OF ~ 1/4_OF_SEC 13-29S-15E 50.00' - N69'12'48"W DRUID ROAD 133s.B9' -~ SE COR OF 7HE NE 1/4 OF THE SE 1/4 OF SEC 13-29S-15E NOTE. THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY DATED Sl3G2009 ANDRRECORD DOCUMENTS ASONIOTEDEHEREIN AND is SUBJ'ECTC~TOIAN ACCURATE FIELD BOUNDARYESURV,IEOYB NUMBER 2009-0007, REPARED FOR: LAKESIDE AT CLEARWATER SOUTH RESIDENTIAL PARCEL SCALE: DATE DRAWN: CAL.CED: CHECKE I".200' 10/6!09 JEB JEB JEB JOB No.: EPN: SECTION: TOWNSHIP: RANGE: 2009-07 329 13 29S 15E FLORIDA DESIGN CONSULTANTS, 1NC. ENGINEERS, ENVIRONMENTALISTS iT SURVEYORS 6 PLANNERS j1 3030 Slorka Blvd. New Po~727)h8~19F7b89 39655 Certiflcote of Authorizotlon: LB 6707 State of Florida SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 2-01//8/ 0-REVISED PARCEL GEOMETRY (JEB)) NOT VALID WITHOUT THE SIGNATURE AND T LICENSEDASURVEYOR AND MAPPER LORIDA ~ ) DAVID WILLIAM McDANIEL PROFESSIONAL SURVEYOR AND MAPPER LICENSE NUMBER LS 5840 STATE OF FLORIDA Sheet ~ of ~ ®Copyrlght 2009 Fiorlda Design Consultants, Inc. Drowinga and concepia may not be used or roproduced without written permlesion. EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION Nickel Plate Properties, Inc. Lakeside Enterprises, L.L.C. 2165 Gulf-to-Bay Boulevard Section B.2 Development Agreements Supplemental Submittal Requirements: ^ Statement of the requested duration of the development agreement, which shall not exceed ten years. The proposed duration of the development agreement is 10 years and is stated as such in the development agreement. ^ Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater utilities and solid waste as stated in the development agreement. ^ Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The proposed uses are stated in the development agreement and are as follows: Parcel 1: Up to 90,000 square feet of retail use with an F.A.R. not to exceed 0.20. Parcel 2: 243 multi-family residential dwelling units • Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. Parcel 1: The applicant has requested rezoning from Mobile Home Park (MHP) to Commercial (C) and a land use plan amendment from Residential Low Medium (RLM) to Residential/Office/Retail (R/O/R). Parcel 2: The applicant has requested rezoning from Mobile Home Park (MHP) to Medium Density Residential (MDR) and a land use plan amendment from Residential Low Medium (RLM) to Residential Medium (RM). • Zoning and land use categories of all adjoining properties. Zonin Land Use North (across Gulf-to- Commercial (C) Commercial General Bay) East (across Belcher) Commercial (C) Commercial General At the NE Office (O) Residential/Office corner of .General Belcher and Druid South (across Low Medium Residential Urban Druid Road) Density Residential (LMDR) West (fronting on Commercial (C) Commercial General Gulf-to-Bay) Adjoining Low Medium Residential Urban southerly 2/3rds Density of property Residential (LMDR) ^ Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. See list attached hereto as Exhibit "C." #509151 v1 -Nickel Plate/Ex B to DVA 2 EXE3IBIT "C'• PAM z~uBov, CFA, cAE Pinellas County Property Appraiser www.pepao.org pam@pepao.or~ Run Date: 30 Nov 2009 Subject Parcel: 13-29-15-00000-410-0100 Radius: 200 feet Parcel Count: 59 Note: Parcels with protected address status are not included in this report. Total pages: 8 Public information is furnished by the Property Appraiser's Office and must be accepted. by the recipient with the understanding that the information received was developed and collected for the purpose of developing a Property Value Roll per Florida Statute. The Pinellas County Property Appraiser's Office makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability of suitability of this information for any other particular use. the Pinellas County Property Appraiser's Ofi'ice assumes no liability whatsoever associated with the use or misuse of such information. 0 MAIN BRANCH- CotmnlousE 315 Coat St - 2id Floor Clearwater, FL 33756 MAII.: PO Bcnc 1957 Clearwater, FL 33757 TII.: (727) 4643207 FAX: (727)464-3448 HEAxw(} IMPAIRID: (727)464-3370 ExtanmoNS: TEL: (727) 464-3294 FAX: (727) 464-3408 CoMId17tC1AL APPRAISAI3: TEL: (727) 4643284 RESIDrianAl. APHtAI3ALa: TEL: (727) 4643643 (C137 ^ NORTH COUNTY 29269 US Highway 19 N Clearwater, FL 33761 TII,: (727) 464$780 FAX: (727) 464-8794 ^ TYRONE (SOVI-f~ 1800 66~ SL N St. Petersblrlg, FL 33710 TEL: (727) 582-7652 FAX: (727) 582-7610 ^ STARKEY COMPLEX Cus7'olmR SERVICE CtxrEn -WALK-IN 13025 Starkey Rd, Largo (Tax CoBeator) TANOIBLE PERSONAL PROPERTY TPP TEL: (727) 464$484 TPP FAX: (727)464-8488 MAIL: PO Banc 1957 -Clearwater, FL 33737 13-29-15-00000-140-0600 BEG 50 FT N & 33 FT W OF SPLINDID FOOD MART LLC SE COR OF NE 114 OF SEC 2198 GULF TO BAY BLVD RUN W 125 FT N 180 FT E CLEARWATER FL 33765-3918 125 FT S 180 FT TO POB 18-29-16-20182-000-0020 CVS -GULF TO BAY CVS 2731 CLEARWATER CLEARWATER ATTN STORE ACCOUNTING DEPT #2731-01 LOT 2 1 CVS DR WOONSOCKET RI 02895-6146 13-29-15-00000-140-0320 BEG NW COR GULF TO BAY MANDELBAUM, DAVID BLVD AND MAIN AVE RUN W 195FT TH N 154FT THE 195 FT TH S 154FT TO POB JACOBS, CRAIG C/O WACHOVIA BANK PO BOX 36246 CHARLOTTE NC 28236-6246 13-29-15-23922-000-0200 EAST DRUID PARK HILLIARD, RAYMOND L LOT 20 ADAMS-HILLIARD, AUDREY J 2083 N DRUID CIR CLEARWATER FL 33764-6324 13-29-15-23922-000-0190 EAST DRUID PARK LUCIANO, ANGELA LOT 19 LUCIANO, MICHAEL 2079 N DRUID CIR CLEARWATER FL 33764-6324 18-29-16-00000320-0900 E 185FT OF W 221 FT OF S TOMS BEACH PROPERTIES LLC 200FT OF NW 1/4 OF SW 1/4 711 S BELCHER RD LESS RD R/W ON S CLEARWATER FL 33764-0326 13-29-15-23922-000-0090 EAST DRUID PARK MORAGIANNIS, NIKITAS LOT 9 5118 MAIN ST SKOKIE IL 60077-2102 13-29-15-93456-000-0030 UNIVERSITY PARK UNIT 1 FUOCO, ANTHONY JR LOT 3 FUOCO, CARRIE L 2126 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-000-0020 UNIVERSITY PARK UNIT 1 POSNAK, WILLIAM J LOT 2 POSNAK, VERONICA S 2118 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-000-0010 UNIVERSITY- PARK UNIT 1 HUANG, BAO F LOT 1 2110 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-U00-0250 UNIVERSITY PARK UNIT 1 JAMES, DEBRA J LOT 25 REYES, LUIS R 2101 E DRUID RD CLEARWATER FL 33764-6316 13.29-15-22824-003-0010 DRUID PARK CAIN, PAUL JR BLK 3, LOT 1 CAIN, DOROTHY E 2087 DRUID RD E CLEARWATER FL 33764-6303 18-29-18-33993-000-1170 GROVEWOOD KEMPE, BERTIL H LOT 117 KEMPE, EUNICE W 800 MANDARIN DR CLEARWATER FL 33764-4932 13-29=15-93456-000-0t31 UNIVERSITY PARK UNIT 1 PINELLAS COUNTY W.12FT MOL OF LOT 13. ATTN: ENGINEERING R/W 315 COURT ST CLEARWATER FL 33756-5165 13-29-15-93456-Q00-0080 UNIVERSITY PARK UNIT 1 ~ FALKOWSKI, LOUISE LOT 8 2166 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-000-0070 UNIVERSITY PARK UNIT 1 ROSSI, ANTHONY J LOT 7 ROSSI, KATHLEEN E 2158 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-0QO-0050 UNIVERSITY PARK UNIT 1 HORVATM, BARBARA A LOT 5 2142 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-000-0040 UNIVERSITY PARK UNIT 1 CUMMINGS, DEAN C LOT 4 2048 SUN DOWN DR CLEARWATER FL 33763-2165 13-29-15-228 4-003-0020 DRUID-PARK SCMOFFSTALL, JAMES M BLK 3, LOT 2 803 WOODLEY RD CLEARWATER FL 33764-4837 13-29-15-93456-000-0260 UNIVERSITY PARK UNIT 1 HAMMER, JEFFREY J LOT 26 804 UNIVERSITY DR W CLEARWATER FL 33764-4828 13-29-15-93456-000-0140 UNIVERSITY PARK UNIT 1 SINGH, CARMEN PT OF LOT 14 DESC FROM NE 804 S BELCHER RD COR OF LOT 13 TH S 85FT CLEARWATER FL 33764-4848 FOR POB TH S 93FT TH W 13-29-15-23922-000-0230 EAST DRUID PARK DOSS, GLENN P LOT 23 2082 N DRUID CIR CLEARWATER FL 33764-6306 13-29-15-23922-000-0340 EAST DRUID PARK BOWEN, PAUL K LOT 34 BOWEN, SHIRLEY J 2083 DRUID PARK DR N CLEARWATER FL 33764-6312 13-29-15 23922-000-0330 EAST DRUID PARK LOT 33 MYRTEZA, SHPENDI MYRTEZA, ARGJENIKA 2-06 FAIR LAWN AVE FAIR LAWN NJ 07410-1223 18-29-16-92650-0~-0020 TURNER'S PROFESSIONAL PARK AMSOUTH BANK FLORIDA LOT_ 2 ATTN REGIONS BANK 250 RIVERCHASE PKWY SUITE 600 BIRMINGHAM AL 352441832 13-29-15-02520-000-0130 BAMBOO SUB SNOW, ROBERT B LOT 13 LESS RD ON W 533 BAMBOO LN CLEARWATER FL 33764-6304. 13-29-15-02520-000-0120 BAM-BOO SUB GYLFE, EDWARD A SR LOT 12 LESS RD RNV QN W 529 BAMBOO LN CLEARWATER FL 33764-6304 13-29-15-02520-000-0090 BAMBOO SUB CARLISLE MOTORS LOTS 9, 10 & 11.LES5 W 20 ATTN: CONTROLLER FT FOR RD R/W PER O.R. 2085 GULF TO BAY BLVD 1336/692 TOGETHER WITH LOT CLEARWATER FL 33765-3711 NE 1/4 OF NE 1/4~F~'E~ LESS RDS & S 1/2 OF NE 1/4 OF SE 1•!4 LESS RDS CONT 27.9AC(C) NICKEL PLATE PROPERTIES INC PO BOX 5008 FL 33758-5008 13-29-15-23922-000-0220 EAST DRUID PARK WEAVER, DAVID H LOT 22 2086 DRUID.CIR N CLEARWATER FL 33764-6306 13-29=1 X23922-000-0350 EAST DRUID PARK DUNN, PETRA LOT 35 2087 DRUID PARK DR N CLEi4R1NATER FL 33764-6312 13-29-15-02520-000-0070 BAMBOO SUB COTNEY, WILLIAM LOT 7 LESS ST 538 BAMBOO LN CLEARWATER FL 33764-6305 13-29-1 a-02520-000-0050 BAMBOO SUB FiERRMAN, BETTY 'LOT 5 LESS ST CLARK, PATRICIA LEE REM 528 BAMBOO LN CLEARWATER FL 33764-6305 18-29-16-00000-320-0500 COM NW COR OF SW 1/4 OF ELLIS CO LTD SEC 1'H S.89D41'18"E 811FT PO BOX 1879 TH SOOp05`2.U"W .50FT FOR TARPON SPRINGS FL 34688-1879 POB TH SOOD05'20"W 268.65 BAMBOO S LOT 1 LESS E 20FT -FOR RD TOGETHER WITH,LOTS 2, 3 & 4 OF BAMBOO -SUB ADJ ON S -__ _._._ CARLISLE MOTORS ATTN: CONTROLLER 2085 'GULF TO BAY BLVD 711 FROM NW eOR ELLIS CO LTD SEC TH SOOD10'41"E 472.79 PO BOX 1879 FT TH S89D41'18"E 36FT FOR SPRI POB TH S89D41'18"E 180FT NGS FL 34688-1879 13-29-15-00000-140-0500 FROM SE COR-OF NE 1/4 TH N L M D C 230FT TH N89DW 50FT FOR ATTN: TAX ACCOUNTING POB TH N89DW 108FT TH S PO -BOX 20 180FTTH N89DW 444.26FT TH BOISE ID 83726-0020 . . 13-29-15-23922-000-0050 EAST DRUID PARK JOHNSON, DORIS J LOT 5 ~ 2077 S DRUID CIR CLEARWATER FL 33764-6307 13-29-15-23922-000-0370 _ EAST. DRUID~PARK ... GLARK, LEON W LOT 37 CLARK, BETTY G 2080 DRUID PARK DR N CLEARWATER FL 33764-6312 13-29-15-02520-000-0060 BAMBOO SUB PARIS, ELEANOR LOT 6 LESS ST 530 BAMBOO LN .CLEARWATER FL 33764-6305 13-29-15-23922-000-0240 EAST DRUID PARK GOOCH, BRANDIE LOT 24 GOOCH, MICHAEL L 2078 NDRUID-CIR CLEARWATER FL 33764-6306 13-29-45-23922-000-0080 EAST DRUID PARK ZECEVIC, ENGINA LOT 8 1821 ALBRIGHT DR CLEARWATER FL 33765-1402 13-29-15-23922-000-0060 EAST DRUID PARK RAMOS, MARY LOT 6 2081 S DRUID CIR CLEARWATER FL 33764-6307 13-29-15-23922-000-0210 EAST pRUID PARK JAZXHI, MILTJADH LOT 21 JAZXHI, DONIKA 2087 N DRUID CIR CLEARWATER FL 33764 13-29-15-93456-000-0090 UNIVERSITY PARK UNIT 1 KOUTOUFARIS, CONSTANTINE LOT 9 KOUTOUFARIS, SOPHIA 2174 CAMPUS DR CLEARWATER FL 33764-4806 13-29-1.5-23922-000-0380 EAST DRUID PARK ~ CALELLO, GFUSEPPE LOT 38 CALELLO, CATERINA 2078.DRUID PARK DR N CLEARWATER FL 33764-6312 18-29-16-0.00 0-020-0700 N 229 FT "OF S 429 FT OF E SCI FUNERAL SERV FLA INC .294 FT DF VN 330 FT OF NW C/O SERVICE CORD & SUBSIDIARIES 1/4 OF SW"114-CONY 1..56 PROPERTY TAX 9TH FLOOR AC P O BOX 130548 HOUSTON TX 77219-0548 BEG NW COR O ~ 1/4 TH E 475.6 FT TH S 50 FT FOR POB-THE 1.12.6 FT S 139.87 FT W 116:5 FT N LAKESIDE ENTERPRISES LLC PO BOX 5008 CtE~4R1A(AI_ER FL 33758-5008 13=29-15-02520-000-0140 BAMBOO SUB KELLEY, SUSAN M LOT 14 LESS RD QN W JULIS, FLORENCE E EST 537 BAMBOO LN CLEARWATER FL.33764-6304 13-29-15-23922-000-0070 EAST DRUID PARK PAPADOPOUIOS, DEMETRE LOT 7 ~ ~ 2085 S DRUIp CIR .. ~ CLEARWATER FL 33764-6307 13-29-15-23922-000-0360 EAST DRUID PARK KERN, RICHARD W LOT 36 BISHOP, CARRIE L 6780 DIANA CT TAMPA FL 33610 13-29-15-93456-000-0120 ' UNIVERSITY PARK UNIT 1 DINUCCI; LINO LOT 12 DINUCCI, JOAN 2181 DRUID RD E CLEARWATER FL 33764-6311 13-29-15-23922-000-0100 EAST DRUID PARK PLEVA, JEANN,INE M LOT 10 2078 S DRUID CIR CLEARWATER'FL 33764-6307 13-29-15-22824-002-0200 DRUID PARK BLK 2, LOT 20 LECHNER, THOMAS P LECHNER, JENNIFER L 1837 BEVERLY CIR N CLEARWATER FL 33764-4623 13-29-15-93456-000-0060 UNIVERSITY PARK UNIT 1 BROTT, JUNE E LOT 6 2150 CAMPUS DR CLEARWATER FL 33764=4806 13-29-15-93456-000-0110 UNIVERSITY PARK UNIT 1 GREEN, JOHN R LOT 11 BOADEN, NANCY J 2182 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-000-0100 UNIVERSITY PARK UNIT 1 PATRICK, TERRY J LOT 10 .PATRICK, JUDITH A 2178 CAMPUS DR CLEARWATER FL 33764-4806 13-29-15-93456-000-0130 UNIVERSITY PARK UNIT 1 SHEEHAN, ROBERT J E 14.9.33FT MOL OF LOT 13 SHEEHAN, LORI E & 15FT T/A IN NECOR 1220 BLACK BUSH DR OF LOT 14 TARPON SPRINGS FL 34689 FROM NE COR LAKESIDE ENTERPRISES LLC W 673 FT TH S 50 FT TO POB PO BOX .5008. . TH S 618 FT TH W 206.1 FT 'TER FL 33758-5008 TH N 470 FT(S) TH E 1.16.5 PAn~ pu~ov, cFA, cAE Pinellas County Property Appraiser www.popao.org pamr7u popao.org Run Date: 30 Nov 2009 Subject Parcel: 13-29-15-00000-410-0200 Radius: 200 feet Parcel Count: 10 Note: Parcels with protected address status are not included in this report. Total pages: 3 Public information is furnished by the Property Appraiser's Office and must be accepted by the recipient with the understanding that the information received was developed and collected for the purpose of developing a Property Value Roll per Florida Statute. The Pinellas County Property Appraiser's Office makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability of suitability of this information for. any other particular use. the Pinellas County Property Appraiser's Office assumes no liability whatsoever associated with the use or misuse of such information. ^X MAIN BRANCH- CouRTeoustt 315 Cant St - 2°~ Floar Clearwater, FL 33736 MAII.: PO Boot 1957 Clearwater, FL 33737 TEL: (727) 464-3207 FAX (727)464-3448 HeARwaIMPAmeo: (727)464-3370 Exn~tzorls: TEL: (727) 464.3294 FAX: (727) 464-3406 COMtAFRpAL APPRAL4AL3: TEL: (727) 464-3284 RetIDFNTLII APPRAISALS: TEL: (727) 464-3643 (Cif7 ^ NORTH COUNTY 29269 US Highway 19 N Clearwater, FL 33761 TEL: (727) 464.8780 FAX: (727)464-8794 ^ TYRONE (SOUTH) 1800 66~ St N 3t Petersburg, FL 33710 TEL: (727)582-7632 FAX: (727) 582-7610 ^ STARKEY COMPLEX CUS7t)afER SERVICe CffiJ'r1R -WALK-IN 13023 Starkey Rd, Latgo (Tmt CoBecbr) TANGIBLE PERSONAL PROPERTY TPP TEL: (727)464-8484 TPP FAX: (727)464-8488 MAIL: PO Bax 1957 -Clearwater, FL 33757 BEG NW COR GULF MANDELBAUM, DAVID BLVD AND MAIN AVE RUN W JACOBS, CRAIG 195FT TH N 154FT THE 195 ACHOVIA BANK FT TH S 154FT TO POB PO BOX CHARLOTTE NG 28236 - 0-000-0130 BAMBOO SUB SNOW, ROBERT B LOT 13 LESS RD ON W 533 BAMBOO LN 33764-6304 13-2 - -0120- BAMBOO SUB GYLFE, EDWARD A SR LOT 12 LESS RD R/W ON W 529' BAMBOO LN C 33764-6304 20-000-0090 BAMBOO SUB CARLISLE MOTORS LOTS 9, 10 & :11 LESS-W 20 ATTN: CONTROLLER FT FOR RD RNV PER O.R. 2 BLVD 1336/692 TOGETHER WITH LOT CLEARINATER FL 337 - 13-29- -0100. NE 1/4 OF_ NE 1/4 O_ F' S NLCKELPLATE PROPERTIES 1NC LESS RDS & S 12 OF NE 1/4 PO BOX 5Q08 OF SE 1J4 LESS RDS CONT CL 33758=5008 27:9AC(C) - Op-140-0500 FROM SE COR L M D C 230FT TH N89DW 50FT FOR ATTN: TAX ACCOUNTING POB TH N89DW 108FT TH $ 180FT TH N89DUV 444:26FT TH BOISE ID 83726-0 13-29-15-00000-140-0300 BEG SIN COR RAINBOW DR AND CLEARWATER PROP GROUP MAIN AVE RUNS 496:FTTH W CIO BELL, CALVIN 195FT TH S 154FT TO N RNV 4401 CAPTAINS WAY GULF TO BAY BLVD TH W'450 JUPITER FL 33477-4085 BEG NW .COR OF NE 1/4~F~ 1/4 TFi E 475.6~FT TFi S 50 FT FORPQBTHE112.6FTS 139.87 FT W 116.5 FT N BAMBOO SUB -"- LOT 14 LESS.RD ON W LAKESIDE ENTERPRISES LLC KELLEY, SUSAN M JULIS,,FLORENCE EEST 53 @ .~~ CLEARiVATER FL 33764-~ FROM NE COR OF SE 1/4 RUN W 673 FT TH S 5Q FT TO POB THS618FTTHW206.1 FT TH N 470 FT(S1 TH E 116.5 DE ENTERPRISES LLC PO BOX CLEARWATER FL 33758- 1'AM D~..TBOV, CFA, CAE Pinellas County Property Appraiser www.pepao.or~ pampa pepao.org Run Date: 30 Nov 2009 Subject Parcel: 13-29-15-00000-410-0300 Radius: 200 feet Parcel Count: 7 Note: Parcels with protected address status are not included in this report. Total pages: 2 Public information is furnished by the Property Appraiser's Office and must be accepted by the recipient with the understanding that the informs#ion received was developed and collected for the purpose of developing a Property Value Roll per Florida Statute. The Pinellas County Property Appraiser's Ofhce makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability of suitability of this information for. any other particular use. the Pinellas County Property Appraiser's Office assumes no liability whatsoever associated with the use or misuse of such information. 0 MAIN BRANCH- Courtntovss 315 Cant St - 2'a Floor Clearwater; FL 337$6 MAII.: PO Banc 1957 Clearwater, FL 33757 Tffi.: (727)464-3207 FAX: (727) 464-3448 HennnaoUanutm: (727)464-3370 Exr~nON9: TlI.: (727) 464-3294 FAX: (727) 464-3408 Coao~xcw. ArrRplsncs: TEL: (727) 4643284 RESroErrrul. APaRAisAL3: TEL: (727) 464-3643 (Cft7 ^ NORTH COUNTY 29269 US Highway 19 N Clearwater, FL 33761 TEL: (727) 464-8780 FAX: (727) 464.8794 ^ TYRONE (SOUTH) 1800 66~ St N St Petersbtug, FL 33710 TEL: (727) 582-7652 FAX: (727) 582-7610 ^ STARKEY COMPLEX Cusro~e SERVICE Cnr'rert - W~Ix-W 13025 Starkey Rd, Largo (Tax Colleemr) TANOIBLB PERSONAL PROPERTY TPP TEL: (727) 464-8484 TPP FAX: (727)464-8488 MAIL: PO Box 1957 -Clearwater, FL 33757 0000-140-0320 BEG NW CO BAY BLVD AND MAIN AVE RU 195FT TH N 1.54FT THE 195 FT TH S 154FT TO POB MANDELBAUM, DAVID JACOBS, CRAIG G/O WACHOVIA BANK RA-S.QX 36246 -02520-000-00 0 BAMBOOS CARLISLE MOTORS LOTS 9, 10 & 11 LESS W 20 ATTN: CONTROLLER FT FOR RD R/W PER O.R. LF TO BAY. BLVD 1336/692 TOGETHER WITH LOT CLEARWAY 11 - 10-0100' NE 1/4 OF NE 1/4 OF NICKEL PLATE PROPERTIES INC LESS RDS & S 1/2 OF NE 1/4 BOX 5008 QF SE 1/4 LESS RDS CONY CLEAR -5008 27.9AC(C) -15-00000-440-0500 FROM SE HN LMDC 230FT TH N89DW 50FT FOR ATTN: TAX ACCOUNTING POB TH N89DW 108FT TH S 180FT TH N89DW 444.26FT TH BOISE ID 83726- 0-140-0300 BEG SW COR RA CLEARWATER PROP GROUP MAIN AVE RUNS 496.FT TH W LL CALVIN 195FT TH S 154FT TO N R/W 4401 CAPT GULF TO BAY BLVD TH W 450 JUPITER FL 33477-4085 - - -410-0300 BEG NW COR-0F N LAKESIDE ENTERPRISES LLC 1/4 TH E 475.6 FT TH S 50 5008 FT FOR POB TH E 112:6 FT S CLEARWAY 139.87 FT W 116.5 FT N - 00-410-0200 FROM NE COR LAKESIDE ENTERPRISES LLC W 673 FT TH S 50 FT TO POB PO BOX 5008 TH S 618' FT TH W 206.1 FT R FL 33758-5008 TH N 470 FT(S) TH E 116.5 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is dated 2010, effective as provided in Section 5 of this Agreement, and entered into among NICKEL PLATE PROPERTIES, INC., a Florida corporation, and LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company, their successors and assigns (collectively, "Developer"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; WHEREAS, the Developer owns approximately 30.07 acres of real property located at 2165 Gulf-to-Bay Boulevard ("Property") in the corporate limits of the City, which is comprised of two parcels hereinafter referred to as "Parcel 1" and "Parcel 2" as more particularly described on Exhibit A attached hereto and incorporated herein; WHEREAS, the Developer desires to develop Parcel 1 with up to 90,000 square feet of retail and restaurant development, generally conforming to the conceptual plan shown on Exhibit B attached hereto and incorporated herein ("Parcel 1 Plan"); WHEREAS, the Developer desires to develop Parcel 2 with up to 243 multi- family residential units, generally conforming to the conceptual plan shown on Exhibit C attached hereto and incorporated herein ("Parcel 2 Plan"); WHEREAS, the Developer has requested rezoning from Mobile Home Park (MHP) to Commercial (C) and a land use plan amendment from Residential Low Medium (RLM) to Residential/Office/Retail (R/O/R) for Parcel 1; WHEREAS; the Developer has requested rezoning from Mobile Home Park (MHP) to Medium Density Residential (MDR) and a land use plan amendment from Residential Low Medium (RLM) to Residential Medium for Parcel 2; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Code; WHEREAS, the City has conducted public hearings as required by Sections 4-206 and 4-606 of the Code; WHEREAS, at a duly called and advertised public meeting on , 2010, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board ("CDB") approved the Parcel 1 Plan as FLD2009-12046 on , 2010 and the Parcel 2 Plan as FLD2009- 12045 on , 2010, both conditioned upon the approval and execution of this Agreement; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property is subject to this Agreement. 3.1 The Property currently has a land use designation of Residential Low Medium (RLM) and is zoned Mobile Home Park (MHP). 3.2 Developer has requested a rezoning to Commercial (C) and a land use plan amendment to Residential/Office/Retail (R/O/R) on Parcel 1. 2 3.3 Developer has requested a rezoning to Medium Density Residential (MDR) and a land use plan amendment to Residential Medium (RM) on Parcel 2. 3.4. The Property is owned by Developer as is evidenced by the deeds attached as Exhibit D. 3.5 The Property is generally located at 2165 Gulf-to-Bay Boulevard, Clearwater, Florida. SECTION 4. Scoge of Project 4.1 The Project shall consist of no more than 90,000 square feet of retail and restaurant development on Parcel 1 as generally depicted on the Parcel 1 Plan and no more than 243 multi-family residential units on Parcel 2 as generally depicted on the Parcel 2 Plan. 4.2 The Project shall include 495 parking spaces on Parcel 1 and 486 parking spaces on Parcel 2, as shown on the concept plans in Exhibits B and C attached and approved pursuant to FLD 2009-12046 (as to Parcel 1) and FLD 2009-12045 (as to Parcel 2). 4.3 The proposed floor area ratio on Parcel 1 shall not exceed 0.178 and the proposed density on Parcel 2 is 13.181 units per acre. The proposed height of the Parcel 1 buildings, as defined in the Code, is a maximum of 36 feet. The proposed height of the Parcel 2 buildings, as defined in the Code, is a maximum of 41 feet. 4.4 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until 5.1.1 this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Code .Section 4-606.G.2; 5.1.2 final approval and effectiveness of a land use designation of Residential/Office/Retail (R/O/R) and a zoning of Commercial (C) on Parcel 1; and 5.1.3 final approval and effectiveness of a land use designation of Residential Medium (RM) and a zoning of Medium Density Residential (MDR) on Parcel 2. 3 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Parcel 1 Plan approved by the CDB as case number FLD2009-12046, including any conditions, and the Parcel 2 Plan approved by the CDB as case number FLD2009-12045, including any conditions. Any minor revisions or changes to the Parcel 1 Plan and/or the Parcel 2 Plan shall be approved by the Planning and Development Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning and Development Director as either inconsistent or constituting a substantial deviation from the approved Parcel 1 Plan and/or Parcel 2 Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with the approved development orders for FLD2009-12046 (Parcel 1), FLD2009-12045 (Parcel 2) and Code Section 4-407. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall be responsible for the following transportation obligations (collectively, "Transportation Obligations"): 4 (i) Dedication of approximately 0.09 acre of right-of--way for an eastbound right turn only lane on S.R. 60, as depicted on Exhibit "E" attached hereto and incorporated herein ("Transportation Exhibit"); (ii) Construction of the Parcel 1 project driveway located on S.R. 60 across from South Main Avenue with right turn in, right turn out, and left turn in only movements as depicted on the Transportation Exhibit; (iii) Installation of a directional median separator on S.R. 60 between South Main Avenue and the Parcel 1 project driveway such as to prohibit left turns exiting Parcel 1 and left turns exiting South Main Avenue, as depicted on the Transportation Exhibit; (iv) Construction of left turn modifications to the median of S.R. 60 located between South Main Avenue and Belcher Road as depicted on the Transportation Exhibit; (v) Construction of a southbound right turn only lane on Belcher Road between S.R. 60 and the Parcel 1 project entrance as depicted on the Transportation Exhibit; (vi) Installation of a new mast arm traffic signal on Belcher Road at the Parcel 1 project entrance with pedestrian signals at all four legs of the intersection as depicted on the Transportation Exhibit; (vii) Granting of an easement, in favor of the City, for the purpose of installation and maintenance of signal control equipment to be located at the southwest corner of the intersection of Belcher Road and the project drive/Publix entrance, as depicted on the Transportation Exhibit; and (viii) Construction of three Parcel 2 project entrance driveways on Druid Road as depicted on the Parcel 2 Plan. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an easement for the benefit of Parcel 2 for vehicular and pedestrian ingress and egress over and across the appropriate areas of Parcel 1 to connect the northerly entrance/exit gate of Parcel 2 to the Belcher Road traffic light via the driveways on Parcel 1. 6.1.3.5 In the event that the Florida Legislature, Pinellas County and/or the City enact a Mobility Fee requirement which supplements or supersedes the current Pinellas County countywide Traffic Impact Fee Ordinance, and the effective date of fee payment under said requirement occurs prior to issuance of Certificate of Occupancy, Developer shall pay the assessed amount under that Mobility Fee provision 5 instead of, or in addition to, in accordance with that provision, the amount due under the current Ordinance. 6.2 Obligations of the City. 6.2.1 Concurrent with the approval of this Agreement, the City shall promptly process amendments to the land use plan and zoning designations for the Property as set forth in Sections 5.1.2 and 5.1.3 of this Agreement. 6.2.2 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan, the Parcel 1 Plan, the Parcel 2 Plan and that meet the requirements of the Code. 6.2.3 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.4 The City acknowledges that both Parcel 1 and Parcel 2 constitute independent building sites as shown on the approved Parcel 1 Plan and Parcel 2 Plan, respectively, subject to the access easement over Parcel 1 as described in Section 6.1.3.5, which comply with the provisions of the Code. Accordingly, Developer may transfer ownership of either Parcel 1 in its entirety or Parcel 2 in its entirety without the consent of the City as further described in Section 14 of this Agreement. 6.2.5 In the event Developer shall subdivide any portion of Parcel 1, such as to create outparcels for the retail buildings, such subdivision shall be subject to the requirements of Article 4, Division 7 of the Code; however, City agrees that Developer shall not be required to amend its approved Parcel 1 Plan in order to obtain relief from landscaping or parking requirements as to the created outparcels. 6.2.6 The City will assign to Developer (i) transportation impact fee credits for the Transportation Obligations set forth in Section 6.1.3.3 of this Agreement, in an amount equal to the cost of the right-of--way dedication and/or improvements constructed as appropriate; and (ii) transportation impact fee credits based on the previous use of Parcel 1 and Parcel 2 as a 295-unit mobile home park, as to Transportation Impact Fee ordinances in effect at the time the fee is to be paid. 6.2.7 In the event a Mobility Fee requirement is enacted as described in Section 6.1.3.5 of this Agreement, the City will assign to Developer any credits against the Mobility Fee which may be available based on the previous use of Parcel 1 and Parcel 2 as a 295-unit mobile home park. 6 6.2.8 The City agrees that all land depicted on Exhibit E of this Agreement as proposed right-of--way in connection with the development of Parcel 1 and/or Parcel 2, shall be included in the total land area for purposes of calculation of floor area ratio and/or density, as appropriate. 6.2.9 Parcel 1 shall be considered as one parcel for the purposes of signage. The overall Parcel 1 site shall be subject to a Comprehensive Sign Program to be submitted prior to issuance of a Certificate of Occupancy on Parcel 1. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees, subject to the credits described in Section 6.2.6 of this Agreement. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of--way utilization permits; 8.2 Construction plan approval(s); 7 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): 8 If to the Developer: Nickel Plate Properties, Inc. Attention: Andrew B. Ingersoll 1414 West Swann, Suite 150 Tampa, FL 33606 Lakeside Enterprises, L.L.C. Attention: Andrew B. Ingersoll 1414 West Swann, Suite 150 Tampa, FL 33606 With copy to: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esquire 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3`d) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to Parcel 1, in its entirety, or Parcel 2, in its entirety, without the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. and Developer shall be released from such obligations that have been assumed by the by the Assignee. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- 9 compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. 'Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the 10 benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: NICKEL PLATE PROPERTIES, INC., a Florida corporation Printed Name: Printed Name: Printed Name: By: Andrew B. Ingersoll President LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company By: Andrew B. Ingersoll Manager Printed Name: CITY OF CLEARWATER, FLORIDA By: Printed Name: William B. Horne II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2010, by Andrew B. Ingersoll, as President of NICKEL PLATE PROPERTIES, INC., a Florida corporation, on behalf of the corporation. He is _ personally known to me or has produced as identification. Notary Public Print Name: 12 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2010, by Andrew B. Ingersoll, as Manager of LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company, on behalf of the company. He is _ personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2010, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Notary Public Print Name: Exhibit A Legal Description Exhibit B Parcel 1 Plan Exhibit C Parcel 2 Plan Exhibit D Deeds Exhibit E Transportation Obligations 045497.116337 #508546 v3 -Nickel Plate/Development Agt 13 EXHIBIT A Legal Description • E'HI-iIBIT "A" Page 1 of 4 J: \329\Data\Owgs\LS\329J~LL COMMERCIAL_L54.dwg - Jan 08. 2010 ® 10:OOom - peckman THIS IS N.QS A SURVEY ~RE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT Y BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. S LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY. 1RINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION: PARC.ET., 1 A poroel of land being a portion of the Northeast I/4 of the Southeast I/4 of Section 13, Township 29 South, Range 15 Eoat, Pineliaa County, Florida, being more particularly described ca follows: COMMENCE at the Northeast corner of the Northeast I/4 of the Southeast 1/4 of Section 13, Township Northeash~l/4aolethe Southeastell/4 CofntSectionidl3 t(beingSd0he9'basEs aotnbearingasforithisflegal description), for 667.81 feet to the point of Intersection with an Easterly extenalan of the West Right-of-Woy Ilne of BELCHER ROAD, according to Official Records Book 4564, Page 155 of the Public Southeastfl/4noflSecilontl3,FN89°17'51"WenalongeaaidgEaaterlyEexienalon of ttheNoWastosRigh~-of-Way line of BELCHER ROAD, and sold West Right-of-Way Ilne of BELCHER ROAD, respectively, for 50.01 feet to the POINT OF BEGINNING; thence the following two courses along sold West Righi-ol-Woy Ilne of BELCHER ROAD; (1) thence N00°09'08°W, along a Ilne 50.00 feet Weet of and parallel with sold Eost Ilne of the Northeast I/4 of the Southeoat I/4 of Section 13, for 577.05 feet; (2) thence leaving sold line b0.00 feet West of and parallel with the Easi Ilne of the Northeast I/4 of the Southeoat I/4 of Section 13, N4B°38'29°W, for 62.35 feet io the point of intersection with the South Right-of-Way Ilne of STATE ROAD 60, according to Florida Department of Transportation Rlght-of-Woy Map 15040-2501, dated February 23, 1960; thence leaving sold Weat Righi-of-Way Ilne of BELCHER ROAD, N69°22'20°W, along aald South Right-o}-Way of STATE ROAD 60, same being a line 50.00 feel South of and parallel with the North Ilse of sold Northeast I/4 of the Southeoat I/4 of Section 13, for 770.94 feet to the point of intersection with the East Ilne of that certain property as described in Deed Book 1016, Page 329 of the Public Records of Pinellas County, Florida; thence leaving eald South Rlght-af-Way line of STATE ROAD 60, S00°40'59"W, along sold Eoat line of that certoln property as described in Oeed Book 1016, Page 329, for 616.65 feet to the Southeast corner of sold certoln property as desorlbed In Deed Book 1016, Page 329; thence S89°16'02°E, for 310.62 feet to the paint of Intersection with a non-tangent curve, oonoave Northerly; thence Easterly along the arc of sold curve, from a radial bearing of S32°15'51°W, having a rodiua of 65.50 feet, o central angle of 63°07'45", on arc length of 72.17 feet, and c chord bearing SB9°18'02"E for 68.57 feet to the point of intersection with a non-tangent line; thence SB9°18'02"E, for 447.45 feet to the POINT OF BEGINNING. Containing 506,692 square feet or 11.637 acres, more or 1868. Error of closure: 0.004 feet (JEB) NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY DATED03/SIC~/20091 AND RRECORD EDOCUMENTS AS NOTEDEHEREIN AND IS ASUBJECT TOI AN ACCURATE FIELD BOEUNDARY ESURVEYB NUMBER 2009-0007, REPARED FOR: LAKESIDE AT CLEARWATER (SHEET DESCRIPTION: NORTH COMMERCIAL PARCEL ~ SCALE: DATE: DRAWN: CALCEO: CHECKED: NONE 10~7~09 JEB JEB JEB ~~~ JOS No.: EPN: SECTION: 70WNSHIP: RANGE: 2009-07 329 13 29S 15E FLORIDA DESIGN CONSULTANTS, INC. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 8 PLANNERS 3030 Starke Blvd. New Po~72~)h849~7568 34655 Certiflcate of Authorizat(on: LB 6707 State of Florida SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 2-01//8/10-REVISED PARCEL GEOMETRY (JJEB)) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DAVID WILLIAM McD I PROFESSIONAL SURVEYOR AND MAPPER i LICENSE NUMBER LS 5840 I ,- STATE OF FLORIDA. ® Copyright 2009 Florida Design Consultants, Inc. Drawings and concepts may not be used or reproduced without Wfltten PermI99lan. Sheet I Of L EXHIBIT "A" Page 2 of 4 eckman J: \329\Dato\Dwga\LS\329_ALL COMMERCIAL_LS4.dwg -Jon O8, 2010 ®10: DOam - ~ THIS IS 1(QI A SURVEY Y BE FOUND IN DTIH~ PUBLCSREICORDSS OF THISI COUNTY. PROPERTY THAT 5 LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY. 4RINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION N 0 100 200 AI ~ ND. ACRES BNG =BEARING COR =CORNER DB -DEED BOOK FOOT =FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP F7 -FEET MOL -MORE OR LESS ORB = OFFlCIAL RECORDS BOOK P6 -PLAT BOOK PG =PAGE P08 -POINT OF 9EGiNMNG POC =POINT Cf COMMENCEMENT RAO =RADIAL R/W =RIGHT-OF-WAY SE COR SEC SO =SECTION DB 1016, PG 329 -SQUARE P ~c ~ STATE ROAD 60 So.oo~ N LINE NE 1/4 OF SE 1/4 OF SEC 13-29S-15E oR of r i THE NE 1/4 OF _ _ - - - - - THE SE 1/4 OF - - - 1 SEC 13-29S-16E S R STATE ROAD 60 (FOOT 15040-2501 N89'22 20 W 770.94' ' N W 6 E ROAD R/-y B CHER (ORB 4584, PO 155) 50.OD' ~ 'I al if1 gl ~ n ~ tJ 1 /2 OF THE NE 1 /4 OF THE SE •:4 OF SEC 13-:95-15E iA ~ 0 r: I~ !A O Q ~ ~^~ ~ o: ~' tO ~ ~ SUBJECT PROPERTY: m ~ ~~ z '- ii ~ 5 506,892 SO fT, OR ~ ~ i v; .? c 11.837 AC, MOL 30 ~ v ~ ~ ~ g $ S p~ ~ W ~ ,n RADIUS=65.50' c f~ ° S W ~ °-~ ~I a ,~ W ~ LENGTH=72.17' ' C ~ ~ ~ g CHORD=68.57' " ' ' ° ~o ~ a ~ cn 02 E 18 CHORD BEARING=S89 z ~ ; ° m - DELTA=63'07'45" ~ z r~~ RADIAL BEARING=S32'15'51"W ; J ~g I POB I 3$ 310.62' 1 S89'18'02"E 447.45' ~ W R/W BELCHER ROAD / I (ORB 4564, PG 155) - I $ 5 i/2 OF THE tJE ./4 OF THE SE 1/4 CF SEC 13-29S-15E SE COR OF THE NE 1/4 OF THE SE 1/4 OF SEC 13-29S-15E ANDETOPOGRAPHICESURVEYR PREPAREDO BYH FLOR~ALDESIGN CONSULTANTS,RINCD TITLEID `'LAKES DE RAT I CLIEARWATERY JOBENUMBER 2009 0007 DATED 3/3112009 AND RECORD DOCUMENTS AS NOTED HEREIN AND IS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. FOR: SHEET SCALE: DATE: DRAWN: I"=200' 10/7/09 JEB J08 No.: EPN: SECTION: 2009-07 329 13 LAKESIDE AT CLEARWATER NORTH COMMERCIAL PARCEL CALCED: TOWNSHIP: RAN~~ 29S 15E FLORIDA DESIGN CONSULTANTS, INC. f~ ENGSURVEYORSVIBOPLANNERSST5 !r 3030 Siorkay Blvd. New Porf Rlehey, Florida 34655 (727) 849-7588 Cert(flcate of Authorization: LB 6707 State of Florida SEE SHEET 1 FOR LEGAL DE5L'RIPTION SEE SHEET 2 FOR SKETCH REVISION 2-01/8/10-REVISED PARCELGEOMIETRY (JEB)) NOT VALID WITHOUT THE SIGNATURE AND T L~CENSEDASURVEYOR AND MAPPER LORIDA DAVID WILLIAM McDANIEL PROFELICENSE NUMBEROLSA5840APPER STATE OF FLORIDA m Copyright 2009 Florida Design Consultants, Inc, Drawings and concepts may not be used or reproduced without written permission. Sheet ~ of ~ EXfIIBI'I' "A.. Page 3 of 4 J: \329\Data\Owgs\LS\329J2ESIDENTIAL_LS1.dwg - Jan 08, 2070 ®10:37om - Jbeckman THIS IS j~.QI A SURVEY ~Y BE FOUND INDTHE PUBLCSRECOR SS OF THIS COUNTY.PROPERTY THAT IS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY. EARINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION ~ - - LEGAL DESCRIPTION: P~(~j, 2 29pSouth,oRangedlSeEast~ PlnellaeoCounty,NFlorldat beingomoreeparticulariy/desorSbedlos follow~nship COMJIENCE at the Northeast corner of the Northeast I/4 of the Southeast I/4 of Sectlon 13, Township 29 South, Range 15 Eost, Pinellas County, Florida; thence S00°09'08"E, along the East Ilne of said Northeaet I/4 of the Southeast I/4 of Section 13 (being the basla of bearinga for this legal ofBCSectlonl~l3~r thence85eavingtsaldaEcatfhinetototherNorthecstNl/4hofsthe/Southeast S/4tofoSectlon 13, N89°12 46 W, along the South Iina of sold Northeaet I/4 of the Southeast I/4 of Sectlon 13, for 1,336.89 feet to the Southwest corner of said Northeast I/4 of the Southeast I/4 of Sectlon 13; thence N00°23'47"W, along the Wesf Ilne of said Northeast I/4 of iha Southeast I/4 of Section 13. for 50.01 feet to the POINT OF BEGINNING; thence continue N00°23'47"W, along said Weat Ilne of the Necordedtln/Plat BookS6lthPage 674ofitheaPubllc3RecomdaboinPinellassCounty,oFloASdTo,DRoU~D616AR0~1eet to the Northwest corner of iha South I/2 of sold Northeast I/4 of the Southeast I/4 of Sectlon 13, same being the Southwest corner of BAMBOO SUBDIVISION, as recorded in Plat Book 28, Page 75 of the Public Records of Pinellas County, Florida; thence leaving sold West Iina of the Northeast 114 01 the Southeast I/4 of Sectlon 13, S89°17'33"E, along the North Ilne of sold South I/2 of the SUBDIVISION/4and the Soulhhllne of/thaticeStalnopropertysasedescribedthn DeedtBook11016t Poge 329Bo~ the Public Records of Pinellas County, Florida, respectively, for 463.05 feet to the Southeast corner of said certain property as described In Deed Book f016, Page 329; thence leaving sold North line of the South i/2 of the Northeast I/4 of the Southeast I/4 of Sectlon 13, S89°18'02"E, for 310.62 feet to the point of Interaect(on with a non tangent curve, concave Northerly; thence Easterly along the arc of sold curve, from a rodlal bearing of S32°15'61"W, having a radius of 65,50 feet, o central angle of 63°07'45", an arc length o1 72.17 feet, and a chord bearing S89°18'02"E for so 5theepolnt of elntersectlontwifhcthenWesthRighinof Waynlinenof BELCHERSROADB'according to70t51clal alongdsaBdoWest6Rlght9oflWayolineeofPBELCHERRROADasfor P4n001feetounlhenceorS00°09h08°E S89on11nuing along sold Wesf Right-of-Way Ilne of BELCHER ROAD, acme being o line 36.00 feet West of and parallel point of~IdntersectlonowlthetherNortht RlghtfofhWayoulinestof/4DRUIDeROADn accordinglto98olda0lflclol Records Book 4564, Page 155 of the Public Records of Plnellos County, Florida; thence leaving sold West Right-of-Way Tine of BELCHER ROAD, N89°12'46"W, along sold North Right-of-Way line of DRUID ROAD, same being a Ilne 50.00 feet North of and parallel with sold South line of the Northeast I/4 of the Southeast I/4 of Section 13, for 1,301.10 feet to the POINT OF BEGINNING, Contalning 803,028 square lest or 18.435 acres, more or leas. Error of closure: 0.008 feet (JEB) NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) IS SOLELY BASED UPON A BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY FLORIDA DESIGN CONSULTANTS, INC. TITLED LAKESIDE AT CLEARWATER", JOB NUMBER 2009-0007, DATED 3/31/2009 AND RECORD DOCUMENTS AS NOTED HEREIN AND iS SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY. PREPARED FoR: LAKESIDE AT CLEARWATER SFtEET DESCRIPnoN: SOUTH RESIDENTIAL PARCEL scatE: DaTE: ~awN: caLCEO: cHECtcED: SEE SHEET 1 FOR LEGAL DESCRIPTION NONE 10/6/09 JEB JEB JEB ~ SEE SHEET 2 FOR SKETCH REVISIDN 1-11/9/09-CHANGE SHEET DESCRIPTION (JEB) JOB No.: EPN: SECTKNJ: TOVMSHIP: RaNCE: REVISION 2-01/8/10-REVISED PARCEL GEOMETRY (JEB) 2009-07 329 13 29S 15E NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA FLORIDA DESIGN CONSULTANTS, INC. LICENSED SURVEYOR AND MAPPER. ENGINEERS, ENVIRONMENTALISTS • SURVEYORS 8 PLANNERS '~~~ 3030 SI°rk°yy Blvd, New Port Rlchay, Florldo 34655 DAVID WILLIAM McDANiEL (727) 849-7588 PROFESSIONAL SURVEYOR AND MAPPER Certiflcato of Authorization: LB 6707 LICENSE NUMBER LS 5840 State of Florida STATE OF FLORIDA Sheet ! of © Copyright 2009 Floridc Design Consultants, Inc. Drawing° and concepts may not be used or reproduced without written permisalon. EXE3IBIT "A.. Page 4 of 4 J: \329\Data\Dwgs\LS\329J2ESIDENTIAL_LSl.dwg -Jon 08, 2010 ®10:33am - jbeckmon THIS IS 1~.4I A SURVEY Y BE FOUND N THE PUBUCSRECORDS OFFTHISICOUNTy.PROPERTY THAT S LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT A TITLE POLICY, 4RINGS ARE BASED UPON: SEE SKETCH AND LEGAL DESCRIPTION r5 _~ i~ rl f Y ~J r• 0. ~ - :~ n. ~_ c~ "~' ii t:. N ~ •'f 0. q @3 ~) _~ N ` C~ ~ POC A ACRES NE COR OF COR =CORNER THE NE 1/4 OF De .DEED BOOK THE SE 1/4 OF &;tr1B00 SUBCr.^sloN FT MOL ~ FEET =MORE OR LESS SEC 13-298-1SE PB 28, PB 75 DRB • OFFICIAL RECOiDS BOOK pB =PLAT BOOK S UNE BAMBOO S UNE ppg . pgNT OF BEGINNING 5897 7'51 "E SUBDIVISION N DB 1016, PG 329 pOC ~ pq~ OF COMMENCEMENT 14.00' 200 (PB 28, PG 75) I I ~ ~ ~ RAJ S C .RIGHT-OF-WAY 0 • SECTION 100 LOT "! LOT 14 m ~~ 50 "SQUARE t~ - N UNE OF S 1/2 OF THE NE 1/4 589'18'02"E 310.82' 589'18'02"E 447.45' ~ o OF THE SE 1/4 OF SEC 13-29S-15E W R/W BELCHER ROAD S89'17'33"E 483.05' sE coR (ORB 4584, PG 155) I DB 1018, PG 329 ,., u~ ~ RADIUS=85,50' "~ r}, g `° LENGTH=72.17' cD ii' ~ _ a O NW COR OF S 1/2 OF THE , pI e? ~ NE 1/4 OF THE SE 1/4 OF CHORD=88.57 ~ ~ ~ sEC 13-29s-15E; CHORD BEARING=S89'18'02"E r ~ 0D m ~ SW COR BAMBOO SUBDIVISION ~ " ~ I~~ .°: (Pe 2B, PG 75) DELTA=63'07 45 I$ SUBJECT PROPERTY: 832'15'51"W 'o ~03 0 '~~ M W Z 2 0 w~0 W Z 3 POB SW COR OF THE NE 1/4 OF THE SE 1/4 OF SEC 73-29S-15E 803,028 SO FT, OR RADIAL BEARING= I~ m ~~ 18.435 AC, NOL w S 1/2 OF THE NE 1/4 W ~ OF THE SE 114 OF p ~ ~ ~~. SEC 13-298-15E ° ~ ~ .r o ~ ~ ~ '~' z ~ IW 3 17 IW . N89'12'48"W 1301.10' 3s,oo' --- N R/W DRUID ROAD (ORB 4584, PG 155) 50.00' _S_UN_E NE 1/4 OF SE 1/4 OF_SEC 13-29S-15E _ _ _ _ _ N89'12'46"W 1336.89' SE COR OF DRUID ROAD ~ THE NE 1/4 OF 1HE SE 1/4 OF SEC 13-298-15E NOTE, THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION} IS 60LELY BASED UPON A BOUNDARY DATED g13G2009 AND RRECORD DOCUMENTS ASO NIOTEDEHEREIN AND IS ASUBJ'ECTC~T01 ANE ACCURATE FIELD BOUNDARY ESURVEYB NUMBER 2009-0007, REPARED FOR; LAKESIDE AT CLEARWATER SOUTH RESIDENTIAL PARCEL SCALE: DATE: DRAWN: CALCED: CHECKE I"=200' IOl6/09 JEB JEB JEB ~~ JOB No.: EPN: SECTION: TOWNSHIP: RANGE; 2009-07 329 13 29S 15E FLORIDA DESIGN CONSULTANTS, INC. ENGSURVEYORSVI60P MANNERSSTS 3030 Slorkeyyl1 Eilvd. New po(~2~)h849f7bg8 34655 Certlflcate of Authorization: LB 8707 State Df Florida SEE SHEET 1 FOR LEGAL DESCRIPTION SEE SHEET 2 FOR SKETCH REVISION 2-01//8/ 0-REVISED PARCELDGEOMIE RY (JEB)) NOT VALID WITHOUT THE SIGNATURE AND T L CEN EIDASURVEYOR AND MAPPER LORIDA DAVID WILLIAM McDANIEL PROFESSIONAL SURVEYOR AND MAPPER ; LIC STATE UOFEFLORIDA 40 ®Copyright 2009 Florida Design Consultants, Inc. Drawings and concepia may not be used or reproduced without wrliten permission Sheet L of ~ co EXHIBIT B Parcel 1 Plan A ~ 0 l ~ I _ § E~ _ L~\ _ u -~~ .- _.____..__ - y._, N t« o[•wnw: anraa N MM ONnp . wrllm N Cr 1 1/ N N. SwNW 1/1 sl Sslim 11 lanNy [[ faK [aM ! Fwd PMNw Cwnl/. Mrba MM[ mo.. palWlslr MwWC w Iwws rOa,l~ [[a'Saa. aaw 1! Cal, Pl.wen Cwaly. l/bbs NMU [COpt•~'daa WI[•N IM N ..a voanwl V• N ua sa.a.wl 1/• a 9.clen la (e.Fy •• ~ al ear ~ i. 4 b1anA a utyal M,1 u q• w:.l a r.welbn Nu w [wl.lr ae...w wN 1-al-Uey IFa N BRO1fA NNL, eawrarp le pfsr Para. [aY .50,. Paw 111 N W N WrW Lamy, ylarlna•. aaa ab [al F. N u.. rerP.,aal 1/1 N w [a.u~wN 1/a or SsUOn Il OalYal't aia^Y foY cwlanr aam a ui. r.u Glyn-M-asl IM N [Eldfll ROW, a• aba~l ~1-MIwray IM al •f~O.fA ~, r va'Mi kr w.m Iw a a aawT r e[daaW as Iw wr. xgYl-N--rer u~ a eualu NPwoc ('qua... wmw'os^a~ao ~e w.. eo.ao w 1 a.a w el sauan lu a en.oa ~ • I CJ V U U LrJ U V ~Q r' ~ - ~---® I U ~ O ~ ~ , g ' w1.µP sw.eca .a... w.l a. n.aar .... aa.. r. M MYIaN[ I ad ® a's ~~~M..~i.arY'ri ~ au.~ a./LP/1 nooln°i0ua°' I p a. -I p O O ~ 9ITE DATA TABLE I m • ' ~ 6 •u[toao fo eurwrNO fv x Pn SM~.°'a:.:w ~~ tc~ O O _ I ~~ ~ ~ .. ~ ~. „~-' awao a.~~ I •+r Ir.• :•.a. l..a•• p © ws wr r~ .r.a~ 1 ran Pogo •r IIV~ r poa t non w.w r ~ W O rt W • • IMIOI - [[[ Y(Lf ,[ • ~~ • • i~Y ~ ~ r •ar• M K• nt a OaW q .n d tel .' S - r Uak } law ~ w..ow Mwm.ao.r~ wr` a- >~ i F . raVa a.a ~ / e\ woru,e w ~ c l-~O uwrq C _ awnvw .a+a a/. .M1 Z M aw •a• ~' PI • wo 1°a am ww~~ ~ " ~t . . l„n w ~ yy, ~ a ~ an.• Iq ~ ~ . _..a o . y.w„a _ . ~ .a..n,d.~. s 110Fff POLE AT PARKNO SPACE DETAIL yar.a ... a..• • s • .•r. ~a• w ... ~_~:: F~.~A ~~ Ti~'~ ~ tAKESWE LNTERIRISES, ttC LAKESIDE AT CLEARWATER ~ r ~ _ ~ [n[r[[[a, [w.olu[•rusrs, w[v[rao[ • r[uw[lls _.__ a•s oltir ro ur wvo. .[ ur[ v~.w •• ~- a- : ti'~'L.i'R« . =Tn'~f ^,. ucrurza. now• un•y ~_ r ,a„ naK. lr[n [••-ro•s LEGAL OESCRIPTION• AND SITE DATA TABLE [.a Iw r•r o-e.oa 13 0 ~` G16f TO BAY BLW. EXHIBIT C Parcel 2 Plan m 8fiE DATA TABLE v~ 1~ ~1.,1~ 11•nN Ip 4~l PY~p Cw~wlly MCa tWY ••~• M •Yeb1Y MwYW a1~N LcWn IS Ie•~w~6 ~Y SdY~ ~'i rr I I nmo.. ~,~.w.+ N ..,...~~ 5 T] is 1 P 1 t i i} d ~g __ FLOADn DESMaN CONSU.rANT3r NG ~Y~ ~ucfsro[ ENrfR-NISES, uc I~*M~Y~ LAKEStOE AT CLEARWATER .,, ~9 _~ y y ~ CMYr[tM [MVrOW[MiIaiCM fYCV[roH C n~wfllC CMS WlI io Mr Clvo. R MTf PIIN it • CLCM~•TN. ILONp• lll•• ~:1;.$t~~4.:. ~T'7~P.9.".. ~• ~'~n••••'••o LEGAL DESCRIPTION ANO SITE DATA TABLE ,,, Q.,.m • ~3 CJ. Ma 1•N EXHIBIT D Evidence of Ownership (deeds) Parcel No. 13/29/15/00000/410/0100 Owner: Nickel Plate Properties, Inc. Deed: O.R. Book 4791, Page 1232, Public Records of Pinellas County, Florida, dated 12/1/78 to Lakeside Corp., a Florida corporation Merger: Lakeside Corp. merged into Nickel Plate Properties, Inc., on 5/25/04 Parcel Nos. 13/29/15/00000/410/0200 and 13/29/15/00000/410/0300 Owner: Lakeside Enterprises, LLC Deed: O.R. Book 13686, Page 610, Public Records of Pinellas County, Florida, dated 7/1 /04 to Lakeside Enterprises, LLC EXHIBIT E Transportation Obligations 0 N ~ l~ ~, - coNVERr ro t ~ r ~ `* RIGIi'f TURN t ~ ~dE~ 1 R ~ f yt, _~~ .. Ft-~P~~~~ .~r~- .. _ ~ I,t -,.. ..~',M r ~ ~ 3 ~ ^~'~ ~ v -, _:__ .r{ rr . s ~•. ~;,. I +- .t,t ~ ~ uaI ~ .fit ~~ ,~ ;r. ~q F"~ ti ~~;' ~? I e ~: - f r_= i ~fi ~ s, EXHIBIT E a PAGE 1 OF 2 b . ,~~ -•~- FLORnA DESIGN CONSIILTANTS• WC. E v u ~ l4KESWE Ew TEAVNiSES. LLC Ll ~ .. a. LAKESIDE AT FCLEAR WATER ry ~ `~"" """"`""'• E4vCEI15. EwNpwEpl.upl6. SWVEVpaf . h.Y•Lx{ E•ES puE! 1p ~.l Kvp !2 lE o • • .., ~ ..... .. .... ~. hWW. fl ~6f .. ~- '- ~•~~ ••• ••• ~- ~~•~• ••• •••• .c. nn> c...rzs< TRANSPORTATION OBLIGATIONS u. re r.n -~- Z - i v - _ .'1 , -- ~~ ~ ~\~ '~ ~9~i~nl"' , ~~ ~ - `~ ~, ~'i'~ EASEMENT FOR SKANAL ~ ~ I f I ' ~ I ti ~ ~~ ~ ~ _ , CONTROL EOIAPMENT ~ ~~~ // I ~ . 1~ , ~_ ~_ _ P, • t ~ I - ~_-- ~•~ ...ar+r..a.U-.._ _ .. .. ..v, ~_d~~.~ - - ~ 'may. -. _ Y ~, -._._. Ll __-__ i L. ~' ~ I-~ BELCHER RD. Ism i ® _~ _a ;~ Lr.; I INSTALL MAST ARM TRAFFIC SIGNAL NATH PEDESTRIAN SIGNALS ON ALL FOUR LEGS OF WTERSECTION L_u _ EXISTYJG R/W I T `~I,~I ' J".61 JL4~~~ _-. - _-_ __.-. _ .......... ~ ~. ~ o ..~~.• tl -., -„ PROPOSED RKWf TURN LANE ,.- ` .I ~ ,~ -, ~ - ~ ,. ;, . _ ..~ a ~ ~ +~, s, ., - .~ - ~~ 4 EXHIBIT E PAGE 2 OF 2 • ^w '~'•~ ~N ~ ~ FLORA DESIGN CONSULTANTS, WC. •.~e V LAKESIDE ENTERPKISES. LLC 1 Y xa ~ ], YL •• """°"""""" k L4KESIOE AT CLEARWATER ^K ~[D_..~...~~.. YO ~~.. .,~ [•]wCCB]. E]nMOrLBIKKI]. >YlvCro•] • K.w[BS 1K6 uu[f 10 B•t B[VD. •B lE nn •• ~. -f~ ~•~ ~~~~~ ~.~•.•. ~ ~~ ..., ... ~••• `zBOxc pzn c..-a•c TRANSPORTATION OBLIGATIONS e.•. w r.zi