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CERTIFICATE TO EVIDENCE SATISFACTION OF ALL CONDITIONSPrepared by and when recorded return to. Stephen J. Szabo, 111, Esquire Foley & Lardner LLP 100 N. Tampa Street Suite 2700 Tampa, Florida 33602 CERTIFICATE THIS CERTIFICATE (the "Certificate") is made as of this _ day of March, 2010 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the "Developer"). WITNESSETH WHEREAS, the City adopted Vacating Ordinance Nos. 6779-01, 6780-01, 7350-04, 7351-04, 7400-05, 7401-05, 7599-06, 7600-06, 7803-07 and 7804-07 (collectively, the "Ordinances"); and WHEREAS, the Developer and the City desire to execute and record this Certificate to evidence satisfaction of all of the conditions set forth in the Ordinances. NOW, THEREFORE, in consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Capitalized Terms. Capitalized terms not otherwise defined in this Amendment shall have the meaning ascribed to such terms in the Ordinances. 3. Satisfaction of Conditions. The City and the Developer execute this Certificate to confirm that all conditions contained in said Ordinances have been timely satisfied by Developer and the City acknowledges and agrees that rights-of-way vacated pursuant to said Ordinances have been unconditionally vacated. TAMP_1644092.1 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the date set forth in the first paragraph of this Certificate. Attest: By: THE CITY OF CLEARWATER, FLORIDA Chia E. Goudeau Clerk vfTyF??? ? William B. Horne, II City Manager Approved as to form: Pamela K. Akin, Esquire City Attorney [SIGNATURES CONTINUED ON NEXT PAGE] 2 TAM P_1644092.1 Signed, sealed and delivered in the presence of: (Witness Signature) Print Name: (Witness Signature) Print Name: STATE OF FLORIDA COUNTY OF HILLSBOROUGH CRYSTAL BEACH CAPITAL, LLC By: NJR DEVELOPMENT COMPANY, L.L.C., its sole manager Neil J. Rauenhorst, its Manager The foregoing instrument was acknowledged before me this _ day of March, 2010, by Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select one:] ( ) is personally known to me; or ( ) produced a Florida driver's license as identification Notary Public - Signature Print Name: My Commission Expires: TAMP_1644092.1 I#: 2010067666 BK: 16854 PG: 1740, 03/12/2010 at 09:45 AM, RECORDING 3 PAGES $27.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKPR03 Prepared by and when recorded return to: Stephen J. Szabo, III, Esquire Foley &c Lardner LLP 100 N. Tampa Street Suite 2700 Tampa, Florida 33602 CERTIFICM ?- THIS CERTIFICATE (the "Certificate') is made as of this achy of March, 2010 (the "Effective Date"), by and between THE CITY OF'CLEARWATER, FLORIDA, a Florida municipal corporation (the "City') and CRYSTAL%Jt3kACH,CAPITAL, L.L.C., a Florida limited liability company (the "Developer'). ; - - _ WHEREAS, the City adopted Vacatipg OrdrtanCle%Nos. 6779-01, 6780-01, 7350-04, 7351-04, 7400»05, 7401-05, 7599-06,t / 600-06, , 7Sb?? and 7804-07 (collectively, the "Ordinances"); and WHEREAS, the DeveJopbr altd tote Gity desire to execute and record this Certificate to evidence satisfaction of4H'dthe.eonditiops set forth in the Ordinances. NOW, THERUORE, In consideration of the sum of $10 and other good and valuable consideratibtt; the teceipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. RgRi. `TF p foregoing recitals are true and correct and are incorporated herein by rAcrence. lined Tgrms. Capitalized terms not otherwise defined in this ,Amcndrnenlt s wll have the meaning ascribed to such terms in the Ordinances. 3. Satis act" f Conditi The City and the Developer execute this Ceitifz64P to confirm that all conditions contained in said Ordinances have been timely satisfied by Developer and the City acknowledges and agrees that rights-of-way vacated .pursuant to said Ordinances have been unconditionally vacated. TAMP_1644092.1 PINELLAS COUNTY FL OFF- REC. BK 16654 PG 1741 Signed, sealed and delivered in the presence of. n4i; '--? - -- (Witness Signature) Print Name: CA ?4 -344.1A6 CRYSTAL BEACH CAPITAL, By: sole .k 1 , 1 , 'ANY, - - ' (Witness Signature) Print Name: 9?Cr EiOr?, Z Neil JA a4nhork, itstManager 11 STATE OF FLORIDA - COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged bp` r 6Ah '_?6 day of March, 2010, by Neil J. Rauenhorst, manager of NJR Deve(opment ;`efnpany, L.L.C., sole manager of Crystal Beach Capital, LLC, a Florida limited 1Zabijicy couttpany, on behalf of the companies. He [select one:] `> ON) is personally known to,nge; or - - ( ) produced a Florio 4iver'tdiepnse ai identification r Notdrv Public - Signature Print Name: tvlz - dime 2- My Commission Expires: 7 x a a o TAMP-1W092.1 PINELLAS COUNTY FL OFF. REC. BK 16654 PG 1742 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective ; seats affixed as of the date set forth in the first paragraph of this Certificate. Attest: THE CITY OF CLEARWATER, FLORIDA - ` By. age4i 'L *th,i,a,E. Goudeau William B. Horne, k City Manager n t Approved as to form: r, Pamela K. , Esquire - City Attorney [SIGNATURES C(yOPMbEb?N NEXT PAGE] > r' r r' . r i r r ? ? r r TAMP_1644092.1