DEVELOPMENT AGREEMENT
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005090625 03/10/2005 at 02:35 PM
OFF REC BK: 14168 PG: 2397-2528
DocType:AGM RECORDING: $1123.50
AGREEMENT FOR DEVELOPMENT OF PROPERTY
between
THE CITY OF CLEARWATER, FLORIDA
and
K & P CLEARWATER ESTATE, LLC
Dated as of (Y\CtA..Lh ;5)
, 2005
~
-oOIIII
EXHIBITS
Legal Description of Developer's Property A
First Street Dedication,
And Relocated Coronado A-I
Vacations of Rights of Way A-2
Project Description and Preliminary Project Plans B
Revised Project Description B-1
Hotel Quality Standard B-2
Project Site C
Coordinated Design of South Gulfview
and Beach Walk Improvements D
Declaration of Covenants and Restrictions E
Covenant Regarding Hurricane Evacuation
& Use and Occupancy of Resort Hotel F
Required Permits and Approvals G
Pedestrian Access Improvements H
[Intentionally Omitted] I
Covenant of Unified Use J
License Agreement K
Contract for Exchange of Real Property L
South Gulfview and Beach Walk Improvements Schedule M
Representative Cross Section of Relocated
First Street
N
Parking Protocol
o
2
THIS AGREEMENT for Development of Property (tofether with all exhibits, modifications and
amendments, this "Agreement") is made as of this 3r day of l4All. r-c-k. , 2005, by and
between THE CITY OF CLEAR WATER, FLORIDA, a Florida municipal corporation (the "City"),
and. K & P CLEAR WATER ESTATE, LLC, a Florida limited liability company (the "Developer").
WITNESSETH:
WHEREAS, the City of Clearwater has embarked on a community revitalization effort for
Clearwater Beach;
WHEREAS, one ofthe major elements of the City's revitalization effort is a preliminary plan for the
revitalization of Clearwater Beach entitled Beach by Design;
WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements
along the east and west sides of South Gulfview Boulevard ("South Gulfview"), which proposed
improvements are known as Beach Walk;
WHEREAS, the City has adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted by the City;
WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition
and re-establish Clearwater Beach as a quality, family resort community and further provides for a
limited pool of additional hc>tel units ("Hotel Unit Pool") to be made available for such projects;
WHEREAS, because increased residential density on barrier islands is a critical concern under
Florida law, Beach by Design limits the use of the Hotel Unit Pool to overnight accommodations
and limits tenancies to 30 days or less;
WHEREAS, a key criteria for eligibility for the Hotel Unit Pool is the operation of a proposed
project as resort hotel operating under a national or international "flag" or other comparable
marketing affiliation or program;
WHEREAS, the Developer proposes to develop a resort hotel and mixed use project on certain
property fronting on South Gulfview and, subject to the mutual promises set forth of this Agreement,
has proposed to include in that project fifteen (15) parking spaces for use by the public as a
replacement for the on-street parking spaces removed from South Gulfview in front of the project in
connection with the relocation of South Gulfview as contemplated by this Agreement;
WHEREAS, it is necessary that the City take certain actions in order to make it possible for
Developer to develop the project contemplated by this Agreement in accordance with the goals and
objectives of Beach by Design;
WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter
163.3220 Fla. Stat. (2003) and any other applicable law;
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WHEREAS, the City has determined that, as ofthe Effective Date ofthis Agreement, the proposed
project is consistent with the City's Comprehensive Plan and Land Development Regulations;
WHEREAS, the City has conducted public hearings as required by S 4-206 and 4-606 of the
Community Development Code;
WHEREAS, at a duly called public meeting on FtbruA 11,2005, the City Council approved this
Agreement and authorized and directed its execution b the appropriate officials of the City;
WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's
goals of enhancing the viability of the resort community and in furtherance of the objectives of
Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to
execute this Agreement on Developer's behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
ARTICLE 1. DEFINITIONS.
1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as
herein otherwise expressly provided:
1. "Additional Hotel Units" means the two hundred and fifty (250) hotel rooms from the
Hotel Unit Pool established by the City pursuant to Beach by Design, which are allocated to
Developer by this Agreement for use in the Project.
2. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach
dated 2001, as amended, which was adopted by the City Council pursuant to the provisions of the
Pinellas County Planning Council's Rules for the designation of a Community Redevelopment
District, as amended through the Effective Date.
3. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
4. "City Council" means the governing body of the City.
5. "Commencement Date" means the date on which the Developer commences or causes a
contractor to commence construction on the foundation or other structural element of the Project.
6. "Completion Date" means the date on which the final certificate of occupancy required for
the Project is issued, which issuance shall not be unreasonably withheld or delayed.
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7. "Residential Condominium" means that portion of the Project containing Residential
Units, together with any common elements within the Project intended solely for the use of the
residents of such Residential Units, their guests and invitees.
8. "Residential Units" means those individual residential condominium units and
entitlements therefor which are part of the Residential Condominium but shall not include Hotel
Units regardless of the form of ownership.
9. "Hotel Unit Pool" means that hotel unit density pool created by the City pursuant to Beach
by Design.
1 O. "Developer" means, K & P Clearwater Estate, LLC, and its successors and assigns (see
Article 18).
11. "Developer's Property" means those properties owned by Developer on the Effective
Date of this Agreement, which properties are more particularly described in Exhibit A to this
Agreement.
12. "Developer's Pro Rata Share" means Developer's pro rata share of the Net Cost of
South Gulfview and Beach Walk Improvements, as calculated in Article 5.
13. "Effective Date" means the date this Agreement is signed by all parties.
14. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments,
forms of instruments, and other documents attached and designated as exhibits to this Agreement,
which are hereby incorporated herein and made a part hereof by reference.
15. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms
currently existing on the Developer's Property.
16. "Expiration Date" means that date ten (10) years following the Effective Date on which
this Agreement automatically expires.
17. "First Street Dedication" means that dedication by Developer to the City of a portion of
the Developer's Property of approximately sixty (60) feet in width, as more fully described on
Exhibit A-I hereto.
18. "Hotel" means that resort hotel, which is part of the Project, containing at least three
hundred and fifty (350) hotel rooms and a maximum of four hundred and fifty (450) hotel rooms,
together with amenities and common areas located on the Project Site, but excluding the portion of
the Project which is the Residential Condominium.
19. "Hotel Units" means the Existing Hotel Units, plus the Additional Hotel Units.
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20. "Land Exchange" means that property exchange to occur on the terms and conditions set
forth in Exhibit L hereto.
21. "License" or "License Agreement" means that license granted to the Developer to allow
the construction, operation, maintenance, repair, replacement and other matters concerning or
affecting the Pedestrian Access Improvements substantially in the form of Exhibit K hereto.
22. "Meeting Space" means any building floor area within the Project which can be used for
conference or meeting activities.
23. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost ofthe
South Gulfview and Beach Walk Improvements, plus any debt service, and less nonreimbursable
funds from sources other than the City (other than any fair share or pro rata payments made by the
owners of other properties which front on South Gulfview).
24. "Pedestrian Access Improvements" means that proposed pedestrian bridge originating on
the Project Site, passing over South Gulfview and landing on the beach west of South Gulfview, (the
"Bridge"), as depicted in Exhibit H, which Bridge shall be dedicated to and owned by the City. The
pedestrian Bridge shall have an elevator on both the east and west sides of the bridge. The elevators
shall be accessible from public property. If this change in location of the Pedestrian Access
Improvements from that approved by the Community Development Board ("CDB ") on October _,
2004, is considered by the Community Development Coordinator as constituting other than a "minor
.revision" as defined in Section 4-406.A. of the Community Development Code, then City Staff is
directed to advise the CDB that the City Council (i) has determined the Bridge to be in the public
interest, (ii) requests that the relocation of the Bridge be approved by the CDB but (iii) recognizes
thaUt is in the discretion of the CDB whether to approve the change in location.
25. "Permits" means all land development approvals and consents required to be granted,
awarded, issued, or given by any governmental authority in order for construction of the Project, or
any part thereof, to commence, continue or be completed.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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26. "Plans and Specifications" means, as to each part of the Project to be developed, the site
plan for that part of the Project to be developed, filed with the City as required by governing land
development regulations ("Land Development Regulations") for the purpose of review and approval.
27. "Project" means, collectively, development of the Project Site as a Hotel together with
accessory retail and restaurant uses and Residential Condominium which is proposed by the
Developer as described in this Agreement and in the preliminary plans therefor which are attached
hereto as Exhibit B and modified as shown on Exhibit B-1.
28. "Project Site" means the land area which includes the Developer's Property, as modified
by the Vacations of Rights of Way, the Land Exchange, and the First Street Dedication, and which is
generally bounded (a) on the east by the western edge of Relocated Coronado, (b) on the north by
the southern boundary of Relocated South Gulfview, (c) on the south by the northern boundary of
Relocated First Street, and (d) on the west by the centerline of existing South Gulfview, which site is
more particularly described on Exhibit C.
29. "Public Parking Spaces" means fifteen (IS) parking spaces to be provided by
Developer in the Proj ect for use by the general public as described more fully in Paragraph 2.03(1) of
this Agreement.
30. "Relocated Coronado" means that proposed five (5)-lane two-way public right of way
approximately seventy-eight (78) feet in width to be contiguous to and running north to south along
the east boundary ofthe Project Site, as situated following the Land Exchange, as depicted in Exhibit
A-I to this Agreement.
31. "Relocated First Street" means that proposed three (3)-lane, two-way public road
approximately sixty (60) feet in width to be contiguous to and running east to west along the south
boundary of the Project Site between ,Coronado and South Gulfview, the location of which is
depicted on Exhibit N hereto.
32. "Relocated South Gulfview" means that two (2)-lane, two-way public right of way
approximately twenty-eight (28) feet in width and associated promenade or sidewalk, running north
to south along the west boundary of the Project Site and running east to west along the north
boundary of the Project Site, as situated following the realignment of South Gulfview as a result of
the South Gulfview and Beach Walk Improvements.
33. "South Gulfview and Beach Walk Improvements" means (a) the proposed realignment
and construction of South Gulfview as a two (2) lane, two-way road approximately twenty-eight (28)
feet in width and associated improvements ("South Gulfview Improvements") and (b) the
construction of a promenade, a bicycle/skating path, a beachfront pedestrian path ("Beach Walk
Improvements") as shown on Exhibit D hereto.
34. "Vacations of Rights of Way" means the abandonment by the City in favor of the
Developer in furtherance ofthe goals and objectives of the Comprehensive Plan, of (a) the existing
right-of-way of First Street between the western boundary ofthe existing right of way of Coronado
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and the centerline ofthe existing right of way of South Gulfview ("First Street Vacation") and (b) the
eastern half of the existing right-of-way of South Gulfview contiguous to the Developer's Property,
which abandonment is anticipated to result in the addition to the Developer's Property of a parcel
thirty-five (35) feet wide running along and contiguous to the western boundary of the Developer's
Property to facilitate development of the Project ("South Gulfview Vacation"). Such parcels to be
abandoned are more particularly described on Exhibit A-2 hereto.
1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed
to include correlative words of the feminine and neuter genders. Unless the context shall otherwise
indicate, the singular shall include the plural as well as the singular number, and the word "person"
shall include corporations and associations, limited liability companies, partnerships, any other
business entity of a type recognized by law, including public bodies, as well as natural persons.
"Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to this Agreement as a whole and not solely to the particular paragraph or section in which any
such word is used.
1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as
amended from time to time.
ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT.
2.01. Finding of Public Purpose and Benefit. The proposed Project, including the design,
construction, completion and operation of the Project, and each part thereof, is hereby found by the
parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive
Plan of the City, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the
citizens of the City, (4) to further the purposes and objectives of the City, including without
limitation, the addition of resort hotel rooms adj acent to the beach providing for transient occupancy
pursuant to the standards established hereunder, (5) to further the public interest on Clearwater
Beach, and (6) to implement Beach by Design for South Gulfview, including the implementation of
the South Gulfview and Beach Walk Improvements and the Pedestrian Access Improvements to be
constructed as a part of the Project.
2.02. Purpose of Agreement. The purpose ofthis Agreement is to further the implementation of
Beach by Design by providing for the development of the Project Site and to provide for the
construction of certain public improvements, all to enhance the quality oflife, increase employment
and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance
with and in furtherance ofthe Comprehensive Plan of the City of Clearwater and as authorized by
and in accordance with the provisions of Florida law.
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking, resort hotel, restaurant,
retail uses and appropriate accessory uses, and Residential Condominium and shall be developed in
substantial conformity with the preliminary plans of development which are attached as Exhibit B, as
modified by Exhibit B-1. The Developer shall take all required steps to obtain the appropriate
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approvals from the City to modify the preliminary plans shown on Exhibit B to effectuate the
modified design shown on Exhibit B-1. The Project Site is within a "Community Redevelopment
District," pursuant to the Pinellas County Planning Council's Rules, which authorizes an increase in
hotel unit density pursuant to the provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - Developer shall provide the Public Parking Spaces as part of
the Project. In addition, the Developer will make parking spaces within the Project available to the
public on a space available basis.
b. Private Parking - The Developer shall provide at least that number of private
parking spaces for use in connection with the Project as required by the City's Land Development
Regulations.
c. Hotel- The Hotel shall include at least three hundred and fifty (350) hotel
units and no more than four hundred and fifty (450) hotel units, a minimum of twenty thousand
(20,000) square feet of Meeting Space and other amenities accessory to the Hotel, including, but not
limited to restaurants, bars, exercise and spa facilities, outdoor recreation space, storage, back office
and administration areas and other functional elements related to the Hotel, including not more than
thirty-seven thousand (37,000) square feet of retail/ restaurant floor area. Of the hotel units, 250 are
Hotel Pool Units, which shall be required to be submitted to a rental program requiring that such
units be available for overnight hotel guests on a transient basis for no fewer than 330 days in any
calendar year, subject to force majeure events or renovation activities making such rooms
unavailable for occupancy. In order to assure the high quality resort experience called for under this
Agreement, all such units, as well as the units not representing Hotel Pool Units, shall be operated by
a single hotel operator who shall meet the requirements as to operating standards set forth in Exhibit
B-2 of this Agreement.
d. Residential Condominium - Those Residential Units permitted pursuant to
the formula for conversion of Existing Hotel Units to Residential Units set forth below, together
with any common elements dedicated to the sole use of residents of the Residential Condominium.
Existing Hotel Unit Conversion Formula: Developer shall be entitled to convert Existing
Hotel Units to Residential Units in a ratio of four (4) Existing Hotel Units to three (3)
Residential Units. Thus, for example, Developer may elect to build three hundred and fifty
(350) Hotel Units and seventy five (75) Residential Units within the Project, instead offour
hundred and fifty (450) Hotel Units.
The Developer has received Flexible Development approval to build three hundred and fifty (350)
Hotel Units and seventy five (75) Residential Units (the "HotellResidential Unit Composition")
within the Project pursuant to a Flexible Development Application. Notwithstanding anything to the
contrary in this Agreement, ifthe Developer wishes to include in the Project a hotel and Residential
unit composition other than the Hotel/Residential Unit Composition, the Developer understands that
it must submit a new Flexible Development Application to request approval of such other
composition.
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e. Pedestrian Access Improvements - Those Pedestrian Access Improvements as
described in Exhibit H which is attached to this Agreement.
2. Nothing shall preclude the Developer from developing or operating all or portions of
the Project using any ownership format in any combination, provided such format and combination
are permi.tted under Florida Statutes, including, without limitation, individual ownership, provided
that the requirements as to availability for transient occupancy and as to a single hotel operator set
forth in 2.03 (1) (c) are satisfied.
3. Up to twenty-five percent (25%) ofthe Hotel Units, or such greater percentage, if any,
which is permitted by the City's Land Development Regulations at the time of issuance of a building
permit for the Hotel, may be suites with kitchens, including all typical kitchen equipment and
amenities. In addition, partial kitchens or mini-kitchens may be permitted.
4. Notwithstanding any other provision of this Agreement, no occupancy in excess of
thirty (30) days per stay shall be permitted in any Hotel Unit. In addition, no Hotel Unit shall be
used as a primary or permanent residence and each Hotel Unit shall be required to be available to
transient hotel guests and to be operated as described in Paragraph 2.03(1)(c). Prior to the issuance
of a certificate of occupancy for the resort hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in accordance with Exhibit F, limiting the
use and operation of the Hotel Units, implementing this paragraph. Further, Developer shall cause
rentals of Residential Units to be restricted in documentation governing the Residential
Condominium to comply with applicable City ordinances and other laws limiting short-term rentals
in effect at the time the first building permit is issued for the Project, including, without limitation,
Ordinance No. 7105-03
5. As a condition of the allocation of Additional Hotel Units pursuant to the designation
of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County
Planning Council's Rules, the Developer shall comply with each of the standards established in
Beach by Design, including:
a. The Hotel shall provide a full range of on and off site amenities for Hotel
guests, including at least one full service restaurant, room service, valet parking, exercise facilities,
pool, meeting areas and access to boating, fishing and golf off site or comparable amenities. Off site
amenities may be provided through a concierge service.
b. The Hotel shall be operated as a national or international "flag" or as part of
another comparable marketing affiliation or program which will ensure support ofthe repositioning
of Clearwater Beach as a resort destination. The parties agree that membership in the American
Automobile Association ("AAA"), the Mobil Travel Guide ("MTG"), or any other comparable
organization approved by the City and maintaining the Hotel in a condition and quality level as more
fully described in Exhibit B-2 ("Minimum Quality Standards"), shall constitute compliance with the
resort quality standards of Beach by Design.
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c. The Hotel shall be of exceptional architectural design and shall be fitted with
high quality finishes and furnishings. The parties agree that the architectural design depicted on
Exhibit B-1 meets this requirement.
d. Prior to the issuance of a final certificate of occupancy for the Hotel, the
Developer shall record a covenant and restriction which is enforceable by the City substantially in
the form of Exhibit E, limiting the use and operation of the Hotel, obligating the Developer to
develop, implement and operate, at all times when the Hotel is open, a trip generation management
program which shall include the provision of non-private automobile access to and from the Hotel
for Hotel guests which shall include, at least an airport shuttle and resort-provided transportation to
off-site amenities and attractions.
e. Prior to the issuance ofa building permit authorizing the construction of the
Hotel Units, the Developer shall record a covenant and restriction which is enforceable by the City,
substantially in the form of Exhibit F, addressing the use and operation of the Hotel, which is
enforceable by the City, that obligates the Developer to close and vacate all persons (except for
emergency personnel required to secure and protect the facilities) from all Hotel Units within the
Project as soon as practicable after the issuance of a hurricane watch by the National Hurricane
Center which includes Clearwater Beach.
2.04. Cooperation of the Parties. The City and the Developer recognize that the successful
development of the Project and each component thereofis dependent upon the continued cooperation
of the City and the Developer, and each agrees that it shall act in a reasonable manner. Each party
agrees to provide the other party with complete and updated information from time to time, with
respect to the conditions such party is responsible for satisfying hereunder and make good faith
efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out
to the full extent contemplated hereby and the Project is designed, constructed, completed and
operated as provided herein. Further, the parties shall cooperate reasonably with one another to
facilitate, obtain permits for and not interfere with the construction of the South Gulfview and Beach
Walk Improvements, as well as construction of Relocated Coronado, Relocated First Street,
Relocated South Gulfview and construction and operation of the Project. Provided that Developer
timely complies with the terms of Exhibit L, the requirements for the First Street Dedication, and
pays Developer's pro rata share of the South Gulfview and Beach Walk Improvements, as described
in this Agreement, the City will use reasonable diligence to complete such improvements in front of
the Project on or before the Completion Date.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
1. Land Use Desitmation. The Project Site is designated Tourist District in the City's
Land Development Regulations.
2. Amendments to Comprehensive Plan & Land Development Rel!ulations. The
City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and
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Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community
Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning
Council Rules.
3. Grant of Additional Hotel Units. Subject to the terms and conditions of this
Agreement and compliance with applicable law, the City hereby allocates and grants to Developer
from the Hotel Unit Pool the right to build two hundred fifty (250) hotel rooms in addition to the
Existing Hotel Units, making the Project Site eligible to contain a maximum of four hundred fifty
(450) Hotel Units. The allocation of the Additional Hotel Units from the Hotel Unit Pool shall
expire and be of no further force and effect unless Developer makes payment of Developer's Pro
Rata Share as provided in Paragraph 5.05 on or before two (2) years after the Effective Date of this
Agreement or the Commencement Date occurs on or before three (3) years after the Effective Date of
this Agreement.
3.02. Development Approvals and Permits.
1. Applications for Development Approval. The Developer shall prepare and submit
to the appropriate governmental authorities, including the City, applications for approval of all plans
and specifications necessary for the Project, and, except as expressly provided otherwise in this
Agreement, shall bear all costs of preparing such applications, applying for and obtaining such
permits, including payment of any and all applicable application, inspection, regulatory and impact
fees or charges. The City shall, to the extent possible, expedite review of all applications. A list of
all permits and approvals required to implement the provisions of this Agreement is attached as
Exhibit G. The failure of this Agreement to address a particular permit, condition, or term of
restriction shall not relieve the Developer of the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
2. City Cooperation and Assistance. The City shall cooperate with the Developer in
obtaining all necessary Permits required for the construction, completion of the Project and its
opening for business. If requested by the Developer and authorized by law, the City will join in any
application for any Permit, or, alternatively, recommend to and urge any governmental authority that
such Permit or Permits be issued or approved.
3. City Authority Preserved. The City's duties, obligations, or responsibilities under
any paragraph of this Agreement, specifically including, but not limited to, this Paragraph 3.02, shall
not affect the City's right, duty, obligation, authority and power to act in its governmental or
regulatory capacity in accordance with applicable laws, ordinances, codes or other building
regulations. Notwithstanding any other provision of this Agreement, any required permitting,
licensing or other regulatory approvals by the City shall be subject to the established procedures and
substantive requirements of the City with respect to review and permitting of a project of a similar or
comparable nature, size and scope. In no event shall the City, due to any provision of this
Agreement, be obligated to take any action concerning regulatory approvals except through its
established procedures and in accordance with applicable provisions of law.
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4. Transportation Impact Fee Credits. The City shall, to the extent authorized by
applicable law, allow the Developer a credit against the Developer's Pro Rata Share in the amount
of transportation impact fees paid by the Developer to the City which are intended for use by the
City. The South Gulfview and Beach Walk Improvements are described on Exhibit D hereto. To the
extent such credits are lawfully available, the City shall also use its best ~fforts to secure from
Pinellas County, Florida (the "County") a credit toward Developer's Pro Rata Share, of
transportation impact fees intended for use by and collected by the County in connection with the
Project.
3.03. Concurrency.
1. Concurrency Required. The parties hereto recognize and acknowledge that Florida
law (specifically, Part II, Chapter 163, F. S., and Rwe 9J-5, Florida Administrative Code, collectively
the "Growth Management Act") imposes restrictions on development if adequate public
improvements are not available concurrently with that development to absorb and handle the demand
on public services caused by development. The City has created and implemented a system for
monitoring the effects of development on public services within the City. The Developer recognizes
and acknowledges it must satisfy the concurrency requirements of Florida law and the City's
regulations as applied to this Project.
2. Reservation of Capacity. The City hereby agrees and acknowledges that, as ofthe
Effective Date of this Agreement, the Project satisfies the concurrency requirements of Florida law.
The City agrees to reserve the required capacity to serve the Project for the Developer and to
maintain such capacity until three (3) years following the Effective Date. The City recognizes and
acknowledges that the Developer will rely upon such reservation in proceeding with the Project.
3. Required Public Facilities. In addition to the obligations of the City and the
Developer set out in Article 5 of this Agreement, the Public Utilities Department of the City will
provide potable water service and sanitary sewer service to the Project.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Plans and Specifications.
1. Responsibilitv for Preparation of Plans and Specifications. Except as otherwise
expressly provided in this Agreement, the Developer shall be solely responsible for and shall pay the
cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Project.
2. Use ofOualified Professionals. The Developer shall retain qualified professionals to
prepare the Plans and Specifications and shall use reasonable efforts to cause such professionals to
prepare the Plans and Specifications.
ARTICLE 5. PROJECT DEVELOPMENT.
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5.01. Ownership of Project Site. The Developer is the owner of the Developer's Property and
after effectuation of the Land Swap and First Street Dedication, will be the owner of the Project Site.
5.02. Project Site. The Project Site consists of the property more particularly described in Exhibit
C.
5.03. City's Obligations.
1. Vacations of Ri2hts-of- W av. Developer shall apply for, and the City Council shall
consider the adoption of an ordinance vacating (a) the First Street Vacation, and (b) the South
Gulfview Vacation, both as described on Exhibit A-2. The First Street Vacation shall be effective
upon the dedication ofthe Relocated First Street to the City. The South Gulfview Vacation shall be
effective upon: 1) payment of the Developer's Pro Rata Share; 2) the Land Exchange; and 3)
relocation of South Gulfview as provided herein.
2. Road Improvements. Vehicular traffic on Relocated South Gulfview shall be
calmed to control speed on that portion of South Gulfview to the north and west of the Proj ect to a
design speed of 20 miles per hour.
3. Permits. The City will cooperate and coordinate with the Developer with regard to
all permit applications, including those to state agencies, and will facilitate or expedite, to the
greatest extent possible, the permit approval process.
4. Cafe Seatin2. The City understands that the Developer intends to apply for all
necessary permits and licenses for outdoor cafe seating in connection with the Project. In that
connection, the City shall consider Developer's application pursuant to the provisions of the City's
Land Development Regulations.
5. Pedestrian Access Improvements Approval. Upon request by Developer, the City
shall grant the Developer the ability to construct the Pedestrian Access Improvements and, in that
connection, no later than the Commencement Date, the City shall grant to the Developer a License
Agreement as described in Exhibit K.
6. Land Exchanl!e. The City is the owner of that portion of South Gulfview abutting
the north boundary of the Developer's Property as more particularly described as "Parcell" in the
Contract for Exchange of Real Property attached hereto as Exhibit L. The Developer is the owner of
that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit L.
The City and the Developer agree that said properties have a comparable appraised value for the
purposes of S 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said
parcels as provided in Exhibit L and the Council hereby authorizes execution thereof.
8. Approval of Plans and Specifications for the South Gulfview and Beach Walk
Improvements. The City shall prepare plans and specifications and budgets for the South Gulfview
and Beach Walk Improvements. The City shall make available drafts of such plans, specifications
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and budgets to the Developer for review and comment. The City shall consider the Developer's
comments and recommended changes in the plans, specifications and budgets to the extent that the
matter on which the Developer is commenting materially impacts the Developer or the Project. The
City and the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the Project as
provided in this Agreement below, and, for that purpose, the City shall make available to the
Developer copies of the, plans, specifications, and related construction and landscaping contracts,
drawings and schedules finally approved by the City.
9. Timelv Completion. The City and the Developer recognize the importance of the
timely completion of the proposed Project and of the completion of South Gulfview and Beach Walk
Improvements, and time is deemed to be of the essence. The City considers this Agreement as
overall authority for the Developer to proceed to obtain all required permits, and agrees to implement
a fast-track review, permitting, and inspection program for the Project. The City agrees to use its
best efforts to complete the required public improvements including the widening of Coronado, and
the realignment of South Gulfview and the construction of Beach Walk Improvements along the
boundaries of the Project Site, as provided in Exhibit M (the "South Gulfview and Beach Walk
Improvements Schedule"). The City's utilization of the construction schedule described in ExhibitM
is dependent upon payment by Developer of Developer' s Pro Rata Share (defined herein) to the City
prior to the City awarding the construction contract.
10. Desil!n Coordination. The City agrees to reasonably cooperate and coordinate the
design of the South Gulfview and Beach Walk Improvements adjacent to the Project Site, such that
the design ofthose improvements integrates in a reasonable manner with the Project design. In that
connection, the design shall substantially conform to those concepts depicted on Exhibit D. Without
limiting the foregoing, it is agreed that the City will design the South Gulfview and Beach Walk
Improvements such that pedestrian access from the Beach Walk is elevated in front of the Project to
a level of ten (10) feet NA vb to allow reasonable access points onto the Beach Walk from the
Project.
11. Construction SeQuencinl!. To the extent possible, the City shall construct the South
Gulfview and Beach Walk Improvements in a manner and fashion which will not unreasonably
restrict access to the hotels currently existing on the Developer's Property or to the Project Site on or
after the Commencement Date.
5.05. Obligations of the Developer.
1. Development and Operation ofthe Proiect. The Project shall be built and operated
in accordance with the requirements set forth in this Agreement. The Hotel which is a component of
the Project, shall contain no less than three hundred and fifty (350) and no more than four hundred
and fifty (450) Hotel Units and shall conform to the Minimum Quality Standard as provided for in
Exhibit B-2.
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2. Responsibilitv for On-Site Costs. Except as expressly stated otherwise in this
Agreement, the Developer shall be responsible for all on-site costs relative to the development of the
Project, including, to the extent Developer is obligated to provide them, the cost of construction,
operation, and maintenance of the Public Parking Spaces.
3. Relocated First Street. In conjunction with and conditioned upon the Vacation of
First Street, the Developer shall construct, at Developer's cost, all the necessary improvements for
the Relocated First Street, including pavement, sidewalks and streetscaping. Construction of
Relocated First Street shall be completed on or before the later of (i) two (2) years after the Effective
Date or (ii) the issuance of a final certificate of occupancy for the Project described in the Second
Amended and Restated Development Agreement for Property in the City of Clearwater between the
City and Beachwalk Resort, LLC. A representative cross section reflecting such improvements is
attached hereto as Exhibit N.
4. Public Parkin!! SDaces; Parkinl! Protocol The Developer may
charge fees to the public for use ofthe Public Parking Spaces, on terms and rates which are market-
based and commensurate with terms and rates which are in effect for comparable beachfront, covered
parking structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees,
subject to taxes and similar impositions generally applicable to such income. Public Parking spaces
within the Project shall be no narrower than nine (9) feet and no shorter than nineteen (19) feet, and
no two-way aisle shall be less than twenty four (24) feet in width. The Developer shall provide (i)
fifteen (15) self-park Public Parking Spaces on the parking level accessed via Relocated First Street
The Developer shall implement the Parking Protocol described on Exhibit O. which
shall be applicable to all parking with in the Project
5 Pedestrian Access Improvements. The Developer shall have the right but shall not
be obligated to construct the Pedestrian Access Improvements. If Developer elects to construct such
improvements, Developer shall be responsible for their design and construction subject to the review
and approval of the design by the City.
6. Dedication of Pedestrian Access Improvements. In the event the Developer elects
to build the Pedestrian Access Improvements, the Pedestrian Access Improvements shall be
dedicated to and owned by the City and open to the public and operated in accordance with the terms
of the License Agreement. The public shall have access to the Bridge at the street level on both the
east and west sides of the Bridge. The Developer is not required to permit ingress by the public from
the Bridge into the Hotel, the Residential Condominium or any other portion of the Project or related
amenities on the Project Site.
7. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata
Share, less only the transportation impact fee credits which may be credited against the Developer's
Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows:
a. In the event that the City is able to finance, and notifies the Developer that it
intends to commence construction of all of the South Gulfview and Beach Walk Improvements as a
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single project on or before the date of the Developer's application for the first building permit for the
Project, then, prior to the issuance of the first building permit for the Project, upon Developer's
request, the City shall provide the Developer with copies of the South Gulfview Beach Walk
Improvements Plans and all related budgets and construction contracts finally approved by the City
in connection therewith (the "Information Package"), and as a condition of issuance of the first
building permit for the Project, the Developer shall establish a letter of credit, trust account or
escrow facility for the payment of the Developer's Pro Rata Share (the "Share Payment Facility"),
which shall be subject to the approval and acceptance of the City. The Share Payment Facility shall
make provision for the City to be able draw down the Developer's Pro Rata Share in amounts equal
to the percentage completion certified by the City Manager of the City multiplied times the
Developer's Pro Rata Share. The Developer's Pro Rata Share shall be the Net Cost of the South
Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the
Project Site along the South Gulfview and Beach Walk Improvements is the numerator and the total
frontage along South Gulfview and Beach Walk Improvements is the denominator (the "Share
Formula").
b. In the event that the Developer determines to commence development of the
Project and the City has not arranged financing for the construction of the South Gulfview and Beach
Walk Improvements in their entirety and has not notified the Developer as indicated in subparagraph
( a) above, the Developer shall, prior to application for the first building permit, notify the City of its
intent to commence development of the Project ("Developer's Commencement Notice"). Within
forty-five (45) days of Developer's Commencement Notice, the City shall solicit bids for the
construction. The Developer shall pay to the City the actual bid price for the portion of the South
Gulfview and Beach Walk Improvements which are contiguous to the Developer's Project Site
which shall be considered the Developer's Pro Rata Share. Said payment shall be made
immediately upon award of the construction contract for the South Gulfview and Beach Walk
Improvements by the City Council. To meet its payment obligation, the Developer may provide a
Share Payment Facility to be drawn upon over time, all as described in subparagraph (a) above. The
Developer's Commencement Notice shall provide Developer's best estimate of the date on which the
Hotel would be eligible for a final Certificate of Occupancy , and the City and Developer shall act and
coordinate reasonably to cause the South Gulfview and Beach Walk Improvements Schedule and any
contracts related to those improvements to reflect an anticipated completion date on or prior to the
anticipated date of the final Certificate of Occupancy for the Hotel.
In the event that the Developer's Pro Rata Share is less than anticipated in (a) or (b) above, to the
extent the City has received any payment in excess thereof, the City shall return to the Developer any
such excess payment within thirty (30) days of such determination. In the event the Developer's Pro
Rata Share exceeds the amounts received in payment thereof as of completion of the South Gulfview
and Beach Walk Improvements, the Developer shall pay the City the difference within thirty (30)
days of written request from the City.
c. In the event that any property other than the Project Site which fronts
on the South Gulfview and Beach Walk Improvements is proposed for redevelopment using units
from the Hotel Unit Pool, the developer of such property shall be required to pay a pro rata share of
the cost of both the South Gulfview Improvements and Beach Walk Improvements as a condition of
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development approval. Such developer's pro rata share shall be calculated based upon the same
Share Formula set out above but applied to the proposed project.
9. Covenant of Unified Use. Prior to the issuance of the first building permit for the
Proj ect, the Developer hereby agrees to execute the covenant of unified use and development for the
Project Site providing that the Project Site shall be developed as a single project and operated and
used as a unified mixed use project, the form of which covenant is attached as Exhibit J; provided
however, that nothing shall preclude the Developer from operating the existing improvements on the
Developer's Property other than as a unified use prior to the demolition of those structures existing
thereon as of the Effective Date or from selling all or a portion of the Project Site in a condominium
form of ownership in connection with the Project or from selling all or a portion ofthe Developer's
Property in the event that Developer determines not to construct the Project. It is understood and
agreed that, in the event that the Developer enters into the anticipated covenant of unified use and
development, and the Developer elects not to construct the Project and notifies the City of its
election in writing, and, alternatively, as of the date of expiration or revocation any rights of
Developer to incorporate the Additional Hotel Units into the Project, the City shall execute and
deliver to the Developer a termination of such covenant of unified use and development suitable for
recording in the Public Records of Pin ell as County, Florida.
10. Project Oblil!ations. Developer intends to diligently pursue the redevelopment of the
Project Site by pursuing (a) the preparation of Project Plans and Specifications, (b) approvals by
governmental authorities necessary for development of the Project, (c) construction of various
private improvements on the Project Site and (d) to the extent that a final certificate of occupancy is
issued for the Project, the operation of the Project as a unified and integrated project.:., The
Developer shall take all actions necessary to maintain control of the Project Site from the
Commencement Date until the Completion Date.
11. Dedications. As a condition ofthe issuance of a building permit for the Project, but
contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the
Developer shall make the First Street Dedication and effect the Land Exchange.
ARTICLE 6. Intentionally Omitted.
ARTICLE 7. CONSTRUCTION OF THE PROJECT.
7.01 City Not in Privity. The City shall not be deemed to be in privity of contract with any
contractor or provider of services with respect to the construction of any part of the Project not
constituting all or any part of public improvements.
7.02 Construction Sequencing. The Developer shall construct the Project in a manner and
fashion which will reasonably minimize the inconvenience experienced by property owners of
Clearwater Beach and the residents of the City directly resulting from the construction of the Project.
ARTICLE 8. [INTENTIONALLY OMITTED]
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ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely upon
each of the following statements:
1. To the extent that the Developer is an entity, as opposed to a natural person, the
Developer is duly organized and validly existing under the laws of the State of Florida, has all
requisite power and authority to carry on its business as now conducted, to own or hold its properties
and to enter into and perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do business in the
State of Florida, and has consented to service of process upon a designated agent for service of
process in the State of Florida.
2. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the Developer is or will be a party have been duly authorized by all necessary action on the part of,
and have been or will be duly executed and delivered by, the Developer, and neither the execution
and delivery thereof, nor compliance with the terms and provisions thereof or hereof: (i) requires the
approval and consent of any other person, except such as have been duly obtained or as are
specifically noted herein, (ii) contravenes any existing law, judgment, governmental rule, regulation
or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of,
default under or results in the creation of any lien or encumbrance upon any property of the
Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the
. Developer's Articles ofIncorporation, Articles of Organization, or any other agreement or instrument
to which the Developer is a party or by which the Developer may be bound.
3. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer ,each document contemplated or required by this Agreement to which
the Developer is or will be a party constitutes, or when entered into will constitute, a legal, valid and
binding obligation of the Developer enforceable against the Developer in accordance with the terms
thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
4. There are no pending or, to the knowledge of the Developer, threatened actions or
proceedings before any court or administrative agency against the Developer, or against any
controlling unit holder, shareholder, officer or employee of the Developer which question the validity
of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the
aggregate, to materially adversely affect the consummation of the transactions contemplated
hereunder or the financial condition of the Developer.
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5. The Developer has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid,
all taxes shown to b~ due and payable on such returns or on any assessments levied against the
Developer.
6. All information and other documentation, including that pertaining to the Project or
the Developer, delivered by the Developer to the City was, to the best of the Developer's knowledge,
on the date of delivery thereof, true and correct.
7. The principal place of business and principal executive offices of the Developer is in
Tampa, Florida.
8. As of the Effective Date, the Developer will have the financial capability to carry out
its obligations and responsibilities in connection with the development of the Project as
contemplated by this Agreement, meaning that, as of that date, Developer has the financial ability to
retain professional services required to obtain the required approvals for and produce documentation
required in connection with the Project and has the ability to seek financing for the construction of
the Project.
9. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design, planning, construction,
completion and opening for business of the Project, meaning that, to the extent that the Developer
does not hold the professional licenses or possess the expertise required to execute any single aspect
of the Project, such as, without limitation, a general contractor's license, the Developer has the
expertise to retain and supervise such persons as are required to develop the Project.
9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination
Date (hereinafter defined) or the Expiration Date:
1. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
2. During each year that this Agreement and the obligations of the Developer under this
Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect
those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur
those events contemplated by this Agreement that are applicable to, and that are the responsibility of,
the Developer.
3. The Developer shall assist and cooperate with the City to accomplish the development
of the Project by the Developer in accordance with the Plans and Specifications and this Agreement,
and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are
or will be applicable thereto.
4. Subsequent to the Effective Date, the Developer shall maintain its financial capability
to develop, construct and complete the Project and shall promptly notify the City of any event,
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condition, occurrence, or change in its financial condition which adversely affects, or with the
passage oftime is likely to adversely affect, the Developer's financial capability to successfully and
completely develop, construct and complete the Project as contemplated hereby.
ARTICLE 10. CITY REPRESENTATIONS, WARRANTIES AND COVENANTS.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the following statements is currently true and accurate and agrees that the Developer may
rely on each of the following statements:
1. The City is a validly existing body corporate and politic of the State of Florida, has all
requisite corporate power and authority to carry on its business as now conducted and to perform its
obligations hereunder and under each document or instrument contemplated by this Agreement to
which it is or will be a party.
2. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the City is or will be a party have been duly authorized by all necessary action on the part of, and
have been or will be duly executed and delivered by, the City, and neither the execution and delivery
thereof, nor compliance with the terms and. provisions thereof or hereof (i) requires the approval and
consent of any other party, except such as have been duly obtained or as are specifically noted herein,
(ii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or
binding on the City, (iii) contravenes or results in any breach of, or default under or, other than as
contemplated by this Agreement, results in the creation of any lien or encumbrance upon any
property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or
instrument to which the City is a party, specifically including any covenants of any bonds, notes, or
other forms of indebtedness of the City outstanding on the Effective Date.
3. This Agreement and, to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this Agreement to which
the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding
obligations of the City enforceable against the City in accordance with the terms thereof, except as
such enforceability may be limited by public policy or applicable bankruptcy, insolvency or similar
laws from time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved.
10.02.Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
l. The City shall timely perform, or cause to be performed, all of the obligations
contained herein which are the responsibility of the City to perform.
2. During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those
21
instruments, documents, certificates, permits, licenses and approvals, and shall cause to occur those
events contemplated by this Agreement that are applicable to and are the responsibility of the City.
3. The City shall assist and cooperate with the Developer to accomplish the development
of the Project in accordance with this Agreement and the Plans and Specifications, will carry out its
duties and responsibilities contemplated by this Agreement, and will not violate any laws,
ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto,
and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption
of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or
agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any
provision of this Agreement to be in violation thereof.
4. Except for the demolition of existing structures on the Project Site and the removal of
objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit,
or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any
rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the
development of the Project.
ARTICLE 11. DEFAULT; TERMINATION.
11.01.Project Default by the Developer.
1. There shall be an "event of default" by the Developer pertaining to the entire Project if
the Developer shall fail to substantially perform or comply with any material provision of this
Agreement applicable to it within the time prescribed therefor.
2. a. If an event of default by the Developer described in subparagraph (1) above
shall occur, the City shall provide written notice thereof to the Developer, and, if such event of
default shall not be cured by the Developer within thirty (30) days after receipt of the written notice
from the City specifying in reasonable detail the event of default by the Developer, or if such event
of default is of such nature that it cannot be completely cured within such time period, then if the
Developer shall not have commenced to cure such default within such thirty (30) day period and
shall not have diligently prosecuted such cure to completion within such reasonable longer period of
time as may be necessary (provided, however, if the Developer is proceeding diligently and in good
faith, the curative period shall be extended for a period of not exceeding six (6) months without any
approval or consent of the City being required, but such approval will be required if the curative
period is to be extended beyond six (6) months after the notice of default has been given by the City
to the Developer, and such extended curative period may be ended by the City electing to do so upon
any Project lender finding the Developer to be in default of any Project financing and the curative
period therefor has expired without such event of default being cured) then, in addition to any
remedy available under Paragraph 12.05, the City may terminate this Agreement or pursue any and
all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall
fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed
diligently to timely cure such event of default, then the City may proceed to enforce other available
remedies without providing any additional notice to the Developer.
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b. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other
remedy to which either may be entitled.
c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
3. Notwithstanding any provision of this paragraph, a default by the Developer shall not
affect the title of any Residential unit or common area conveyed by the Developer to an unrelated
third party or to a Residential Condominium association which is not controlled by the Developer.
11.02. Default by the City.
1. There shall be an "event of default" by the City under this Agreement in the event the
City shall fail to substantially perform or comply with any material provision of this Agreement
applicable to it.
2. a. If an event of default by the City described in 11.02(1) shall occur, the
Developer shall provide written notice thereof to the City, and, after expiration of any applicable
curative period equivalent to that described in Paragraph 11.01 (2)( a)above, Developer may terminate
this Agreement, institute an action to compel specific performance of the terms hereofby the City or
pursue any and all legal or equitable remedies to which the Developer is entitled.
b. Any attempt by the Developer to pursue any of the above referenced remedies
will not be deemed an exclusive election of remedy or waiver of the Developer's right to pursue any
other remedy to which it might be entitled.
c. Any time periods or deadlines provided in this Agreement shall be tolled or
extended by the amount of time to cure any event of default hereunder if such event affects the
Developer's or City's ability to perform by such deadline or the expiration of such period.
11.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the City or the Developer are entitled
under this Agreement are not exclusive and are intended to be in addition to any other remedies or
means of redress to which the City or the Developer may lawfully be entitled and are not specifically
prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by
the Developer while the City shall at such time be in default of its obligations hereunder shall not be
deemed to be an "event of default." The suspension of, or delay in, the performance of the
obligations by the City while the Developer shall at such time be in default of its obligations
hereunder shall not be deemed to be an "event of default" by the City.
11.04.Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City or
the Developer to promptly or continually insist upon strict performance of any term, covenant,
23
condition or provision of this Agreement, or any exhibit hereto, or any other agreement, instrument
or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any
right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a
subsequent default or nonperformance of such term, covenant, condition or provision.
11.05.Termination Certificate.
1. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly execute a
certificate prepared by the party electing to terminate this Agreement, which certificate shall
expressly state that this Agreement has been terminated in accordance with its terms, is no longer of
any force and effect except for those provisions hereof which expressly survive termination, that the
rights, benefits, duties and obligations of the parties hereto have been terminated and released
(subject to those surviving provisions hereof) and that the Project Site is no longer entitled to the
benefits and rights granted in this Agreement and is no longer subject to any restrictions, limitations
or encumbrances imposed by this Agreement. Such certificate shall also state the date as of which
such termination is effective (the "Termination Date"). Notwithstanding anything to the contrary in
this Agreement, neither party shall have the right to require the other party to agree to a termination
of this Agreement.
2. The certificate described in subparagraph (1) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in the public
records of Pin ell as County, Florida.
ARTICLE 12.
RIGHT TO CONTEST.
12.01. Right to Contest. The Developer may, at its sole discretion and expense, after prior written
notice to the City, contest by appropriate action or proceeding, conducted in good faith and with due
diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any
taxes, assessments, impact fees or other public charges of a similar nature that may from time to time
be levied upon or assessed by any appropriate governmental authority against the Developer, the
Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other personal
property thereon, and the revenues generated from the use or operation of any or all ofthe above, any
other payment specifically identified in this Agreement, or compliance with any law, rule, regulation,
or other such legal requirement. Notwithstanding the foregoing, the Developer may not contest
impact fees or other public charges of a similar nature levied by the City after such fees have been
paid by the Developer and received by the City.
ARTICLE 13.
ARBITRATION.
13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the same
matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or
dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties
hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such
24
disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless
all parties mutually agree to terminate such proceeding prior to decision. If any arbitration
proceeding under this part adversely affects the performance of any party hereunder, then any time
periods provided herein for such performance by that party shall be tolled during the pendency of the
arbitration proceeding affecting such performance.
13.02. Appointment of Arbitrators.
1. a. Unless accelerated arbitration as provided in Paragraph 14.08 hereof is
invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of
impasse in the dispute resolution process or upon the expiration of the time period for such
arbitration to be invoked, give written notice to that effect to the other party, and shall in such notice
appoint a disinterested person who is on the list of arbitrators having at least ten (10) years of
experience in litigating complex civil disputes maintained by the American Arbitration Association
("qualified arbitrator") or a disinterested person not on such list to whom an objection is not made by
any other party hereto within five (5) days of receipt of the notice of such appointment as the
arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators.
b. Within ten (10) days after receipt of the notice described in subparagraph (I),
the other party shall by written notice to the original party acknowledge that arbitration has been
invoked as permitted by this Agreement, and shall either accept and approve the appointment of such
individual set forth in the original notice as a sole arbitrator or shall appoint one (1) disinterested
person per party of recognized competence in such field as an arbitrator.
2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a) and (b)
above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of
qualified arbitrators maintained by the American Arbitration Association, and such three (3)
arbitrators shall as promptly as possible determine such matter.
b. If the second arbitrator shall not have been appointed as provided in
subparagraphs (a) and (b), the first arbitrator shall, after ten (10) days notice to the parties, proceed to
determine such matter.
c. If the two (2) arbitrators appointed by the parties pursuant to subparagraphs (a)
and (b) shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator
upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to
the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within
fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written
notice to the other parties hereto may request the appointment of a third arbitrator by the office in or
for the State of Florida (or if more than one office, the office located closest to the City) of the
American Arbitration Association (or any successor organization thereto), or, in its absence, refusal,.
failure or inability to act, request such appointment of such arbitrator by the United States District
Court for the Middle District of Florida (which request shall be filed in the division of that court
responsible for the geographic area including the City), or as otherwise provided in Chapter 682, F.
S., known and referred to as the Florida Arbitration Act, as amended.
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13.03. General Procedures. In any arbitration proceeding under this part, the parties shall each be
fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The
arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may
not change any such terms, or deprive any party to this Agreement of any right or remedy expressed
or implied in this Agreement, or award any damages or other compensation to any party hereto. The
arbitration proceedings shall follow the Commercial Arbitration Rules and procedures of the
American Arbitration Association (or any successor organization thereto), unless specifically
modified by this Agreement, or as then agreed to by the parties hereto.
13.04. Majority Rule. In any arbitration proceeding under this part, the determination of the
majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be
conclusive upon the parties and judgment upon the same may be entered in any court having
jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties
stating his or their determination and specific findings which form the basis therefor within thirty
(30) days after the conclusion of the hearing or final submission of all evidence or argument.
13.05. Replacement of Arbitrator. In the event of the failure, refusal or inability of any arbitrator
to serve as such, promptly upon such determination being made by the affected arbitrator, the
affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties
hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment
shall be made by the party or the arbitrators who appointed the affected arbitrator in the same manner
as provided for in the original appointment of the affected arbitrator in Paragraph 14.02 hereof.
13.06. Decision of Arbitrators.
1. If any decision reached by arbitration as provided in this part requires performance by
the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s)
promptly after the date of receipt by the Developer of such decision, and to continue such
performance to completion with due diligence and in good faith.
2. If any such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators promptly after the date of receipt by the
City of such decision, and to continue such performance to completion with due diligence and in
good faith.
3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be
construed to require any payment by the City to the Developer not otherwise provided for herein
13.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this
Paragraph 13.07, "expenses" shall include the fees and expenses of the arbitrators and the American
Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or
expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent)
26
agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the
responsibility of the party incurring such fees or costs.
13.08. Accelerated Arbitration.
1. a. If either of the parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after an initial election to
invoke arbitration pursuant to Paragraph 13.02 hereofhas been made, either party to such proceeding
may invoke accelerated arbitration by giving notice thereof to the other party no later than three (3)
days after arbitration has been initially invoked and the other party does not object within three (3)
days thereafter.
b. Accelerated arbitration, for purposes of this Paragraph 13.08, shall be
accomplished by either party notifying the American Arbitration Association (or any successor
organization thereto) that the parties have agreed to have a single qualified arbitrator be appointed by
the American Arbitration Association (or any successor organization thereto) with the consent of the
parties to such proceeding within three (3) days after receipt of the request and to decide such matter
within five (5) days after such appointment.
c. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in subparagraph (2) is received by the
American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall
terminate and the procedures otherwise set forth in this Article 13 shall apply, unless the parties
mutually agree to an extension of such time period.
2. The Developer and the City hereby agree to use such accelerated procedure only when
reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as
may be permitted by law, and that all other provisions ofthis part, except as are in conflict with this
Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding.
13.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended,
known and referred to as the Florida Arbitration Code.
13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, F. S., and shall be open to any member of the
public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law
or order (other than an order by a sale arbitrator or a panel of arbitrators acting under this part), the
record of such proceedings shall be a public record under Chapter 119, F. S.
ARTICLE 14.
UNAVOIDABLE DELAY.
14.01. Unavoidable Delay.
27
1.. Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition described in
subparagraph (1) as an event of "Unavoidable Delay" shall be excused in the manner provided in this
Paragraph 14.01.
2. "Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, litigation which has the effect of precluding reasonable satisfaction
of the obligations of this Agreement, acts of a public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by lay, unavailability of materials after timely ordering of same,
epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes,
tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the
records of the local weather bureau for a five-year period preceding the Effective Date), strikes or
labor disturbances, delays due to proceedings under Chapters 73 and 74, F. S., restoration in
connection with any of the foregoing or any other cause beyond the reasonable control of the party
performing the obligation in question, including, without limitation, such causes as may arise from
the act of the other party to this Agreement, or acts of any governmental authority (except that acts of
the City shall not constitute an Unavoidable Delay with respect to performance by the City).
3. An application by any party hereto (referred to in this subparagraph (3) and in
subparagraph (4) as the" Applicant") for an extension of time pursuant to this subparagraph must be
in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other
party to this Agreement within seven (7) days following the occurrence of the event or condition
causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or with
the exercise of reasonable diligence should have become aware) of such occurrence.
4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence ofthe event or condition causing such
Unavoidable Delay and only to the extent that any such occurrence actually delays that party from
proceeding with its rights, duties and obligations under this Agreement affected by such occurrence.
ARTICLE 15. RESTRICTIONS ON USE.
15.01. Restrictions on Use of Project Site. Prior to the earlier of the Termination Date or the
Expiration Date, no use of the Project, other than as described in Paragraph 2.03, shall be permitted,
other than the operation or modification of improvements existing on the Effective Date until those
improvements are demolished, unless and until the Developer or the person, if other than the
Developer, intending to so use the Project or Project Site, shall file with the City a request for a
release from the restriction imposed by this paragraph. The City Council shall promptly consider
such request and either deny the request, approve the request as filed, or approve the request subject
to such terms, conditions and limitations as the City may reasonably require in connection with the
pursuit of the development described in this Development Agreement. Unless specifically requested
and approved, a release of the restriction imposed by this paragraph shall not release the Developer
from any obligations or restrictions imposed by this Agreement or any agreement, instrument or
document contemplated hereby.
28
ARTICLE 16.
MISCELLANEOUS.
16.01. Assignments.
1. By the Developer.
a. The Developer may sell, convey, assign, transfer or otherwise dispose of any
part or all of its right, title, interest and obligations in and to the Developer's Property, the Project,
and this Agreement at any time. However, any sale, conveyance, assignment, transfer or other
disposition ofthe Developer's interest in this Agreement ("Assignment") that takes place prior to the
date on which Developer pays Developer's Pro Rata Share, whether in cash or by making available
the Share Payment Facility as provided in Paragraph 5.05(7), shall not be effective except upon
receipt by Developer of the City's written consent to such Assignment, which shall not be
unreasonably withheld or delayed. The City shall grant its written consent to such Assignment upon
receipt of (a) reasonable evidence that the purchaser, assignee or transferee ("Assignee") has the
financial ability to or the ability to obtain financing to pursue development of the Project; (b)
reasoriable evidence of Assignee's expertise to pursue or ability to retain persons with the
appropriate expertise to pursue development of the Proj ect, (c) ability to operate or to retain persons
with the appropriate expertise to operate the Hotel and (d) a written agreement by Assignee to
assume and to be bound by the terms of this Agreement.
Notwithstanding the foregoing, an Assignment to an Assignee that is a financial institution or
a partner of or investor in the Developer, shall not require the City's consent to be effective.
b. In the context of an effective Assignment, if the Assignee assumes all of the
Developer's obligations under this Agreement for the Project, or for that portion of the Project that is
subject to such Assignment, then the Developer shall be released from all such obligations hereunder
which have been so assumed by the Assignee, and the City agrees to execute an instrument
evidencing such release, which shall be in recordable form.
c. An Assignment by the Developer to any person or entity or trust for estate planning
purposes or to any entity in which the Developer or any of the persons comprising the Developer is a
general partner or has a controlling interest or, where the Developer, through ajoint venture or other
arrangement, shares equal management rights with a financial institution and maintains such
controlling interest or equal management rights shall not be subject to any restriction on or approvals
of Assignments imposed by this Paragraph 16.01, provided? however, that notice of such Assignment
shall be given by the Developer to the City not less than thirty (30) days prior to such Assignment
being effective, and the Assignee shall be bound by the terms of this Agreement to the same extent as
would the Developer in the absence of such Assignment.
d. No purchaser, assignee or transferee of all or any part of the Developer's rights or
obligations with respect to the Developer's Property, the Project, this Agreement shall in any way be
obligated or responsible for any ofthe Developer's obligations with respect to the Project by virtue of
this Agreement unless and until such purchaser, assignee or transferee has expressly assumed the
Developer's obligations under this Agreement and written notice thereof is provided to the City.
29
e. Notwithstanding any other provision of this paragraph, the sale of individual
Residential Units or Hotel Units in the ordinary course of business shall not be subject to the
requirements of this paragraph.
2. City's Right to Assign Rights. The City shall have no right to assign its rights under
this Agreement to any person except upon the prior written consent of the Developer.
16.02. 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 personal representatives, trustees, heirs, successors and assigns, except as may
otherwise be specifically provided herein.
16.03. Notices.
1. All notices, demands, requests for approvals or other communications given by either party to
another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return
receipt requested or by courier service, or by hand delivery to the office for each party indicated
below and addressed as follows:
To the Developer:
To the City:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
with copies to:
with copies to:
Timothy A. Johnson, Esquire
911 Chestnut Street
Clearwater, FL 33767
Pamela K. Akin, Esquire
Clearwater City Attorney
112 S. Osceola Avenue, 3rd Floor
Clearwater, FL 33756
2. Notices given by courier service or by hand delivery shall be deemed received upon
delivery, and notices given by mail shall be deemed received on the third (3rd) business day after
mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at
the address indicated above (or as it may be changed) shall be deemed to have been an effective
delivery as provided in this Paragraph 16.03. The addresses to which notices are to be sent may be
changed from time to time by written notice delivered to the other parties. Until notice of change of
address is received as to any particular party hereto, all other parties may rely upon the last address
gIven.
30
16.04. Applicable Law and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcement of this Agreement. This Agreement has been negotiated by
the City and the Developer and the Agreement, including, without limitation, the exhibits, shall not
be deemed to have been prepared by the City or the Developer, but by both equally.
16.05. Venue; Submission to Jurisdiction.
I. For purposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Pinellas
County, Florida.
2. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and any federal courts having jurisdiction, for the purposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to
assert by way of a motion as a defense or otherwise that such action is brought in an inconvenient
forum or that the venue of such action is improper or that the subject matter thereof may not be
enforced in or by such courts.
3. If at any time during the term of this Agreement the Developer (or any of its permitted
successors and assigns) is not a resident of Florida and, to the extent required by law, does not
register with the State of Florida the identity and location within the State of its registered agent for
purposes of service of process and, otherwise has no officer, employee or other agent available for
service of process within the State of Florida, the Developer hereby designates the Secretary of State,
State of Florida, its agent for the service of process in any court action between it and the City arising
out of or relating to this Agreement, and such service shall be made as provided by the laws of the
State of Florida for service upon a non-resident; provided, however, that at the time of service on the
Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address
for notices as provided in Paragraph 16.03.
16.06. Estoppel Certificates. The City shall at any time and from time to time, upon not less than
ten (10) days prior notice by Developer, execute, acknowledge and deliver to the Developer and
other persons reasonably designated by Developer a statement in recordable form certifying, to the
extent true, that this Agreement has not been modified and is in full force and effect (or, ifthere have
been modifications, that the said Agreement, as modified, is in full force and effect and setting forth
a notation of such modifications), and that, to the knowledge of the City, neither it nor Developer is
then in default hereof (or if either party is then in default hereof, stating the nature and details of such
default), it being intended that any such statement delivered pursuant to this Paragraph 16.06 may be
relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or
assignee of the respective interest in the Developer or the Project, if any, of any party made in
accordance with the provisions of this Agreement.
16.07. Complete Agreement; Amendments.
1. This Agreement, and all the terms and provisions contained herein, including, without
limitation, the exhibits hereto, constitute the full and complete agreement between the parties hereto
31
to the date hereof, and supersedes and controls over any and all prior agreements, understandings,
representations, correspondence and statements, whether written or oral.
2. Any provision of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
3. This Agreement cannot be changed or revised except by written amendment signed by
all parties hereto.
16.08. Captions. The article and paragraph headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way define,
limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this
Agreement or construe any article, paragraph, subparagraph, or provision hereof.
16.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the
terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday
observed in the City, it shall be postponed to the next following business day.
16.10. Exhibits. Each exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached
hereto shall be treated as if they are part of this Agreement.
16.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a result of the
execution and delivery of this Agreement, including any of the exhibits.
l6.12. Not Agents. During the term of this Agreement, neither party hereunder is an agent of the
other party with respect to any and all services to be performed by such other party (and any of its
agents, assigns, or successors) with respect to or in connection with the Project.
16.13. Recording of Development Agreement. Pursuant to S163.3239, Florida Statutes (2004), the
City shall record this Agreement in the public records of Pin ell as County, Florida, within fourteen
(14) days after City Council approval of this Agreement. The Developer shall pay the cost of such
recording. A copy of the recorded development agreement shall be submitted to the state land
planning agency within fourteen (14) days after the agreement is recorded.
16.14 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and
is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a
proper exercise of the City's power and authority.
16.15. No General Obligation. In no event shall any obligation of the City under this Agreement be
or constitute a general obligation or indebtedness of the City, or a pledge of the ad valorem taxing
power of the City within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and funds. Neither the
32
Developer nor any other party under or beneficiary of this Agreement shall ever have the right to
compel the exercise of the ad valorem taxing power of the City or any other governmental entity or
taxation in any form on any real or personal property to pay the City's obligations or undertakings
hereunder.
16.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve
either party from full compliance with any provision of State law which is applicable to any of the
obligations or under takings provided for in this Agreement. In the event that this Agreement omits
an obligation to comply with any provision of State law in regard to any of the obligations or
undertakings provided for in this Agreement, it is the intention of the parties that such applicable
State law shall be deemed incorporated into this Agreement and made a part thereof. In the event that
there is any conflict between the provisions of this Agreement and applicable State law, it is the
intention of the parties that the Agreement shall be construed to incorporate such provisions of State
law and that such provisions shall control.
16.17. Technical Amendments. In the event that due to minor inaccuracies contained herein or
any exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting
from technical matters arising during the term of this Agreement, the parties agree that amendments
to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do
not change the substance of this Agreement may be made and incorporated herein. The City
Manager is authorized to approve such technical amendments on behalf of the City and is authorized
to execute any required instruments, to make and incorporate such amendment to this Agreement or
any exhibit attached hereto or any other agreement contemplated hereby.
16.18. Term; Expiration; Certificate.
l. If not earlier terminated, this Agreement shall expire and no longer be of any force
and effect on the 10th anniversary of the Effective Date (the "Expiration Date").
2. Upon completion of the term of this Agreement, all parties hereto shall execute an
Agreement Expiration Certificate. The Agreement Expiration Certificate shall constitute (and it shall
be so provided in the certificate) a conclusive determination of satisfactory completion of all
obligations hereunder and the expiration of this Agreement.
3. In the event of any dispute as to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article
13.
4. The Agreement Expiration Certificate shall be in such form as will enable it to be
recorded in the public records of Pin ell as County, Florida. Following execution by all of the parties
hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the
public records of Pin ell as County, Florida and the Developer shall pay the cost of such recording.
16.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as of the Effective Date and do covenant and agree in the future that all approvals,
33
consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith,
and will not be arbitrarily or unreasonably withheld or delayed, unless otherwise expressly
authorized by the terms of this Agreement.
16.20. Effective Date. As provided by ~ 163.3239, Florida Statutes (2004), this agreement will
become effective after being recorded in the public records in the county and 30 days after having
been received by the state land planning agency.
[Signature page follows]
34
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
below.
Attes/\
By: ~z.
~ty Clerk... .
A7Jl as loform:..
Pamela K. Akin
City Attorney
~12~.
.
The City of Clearwater, Florida
By:
:f~~
.. -~ayor .
State of Florida )
County of Pinellas )
The foregoing instrume~t was ackpowledged before m.e th~.~ ~day of Yh..~
2005, by f rctr-. k H, b bq rd and~I'\#" ct G 0\1 Je.c.. u , Mayor and City
Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
By C~~.~
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
Witness: ~ .)I~
....;ji\~~ Carolyn L Brink
{:r~~:~ MY COMMISSION # 00203569 EXPIRES
;.~"~iF May 22, 2007
.'7.riio ;,~.., BONDED 1H~U TROY FAIN INSURANC~ INC.
'fljll'"
BY:
Dr.
M 0 K & P Holdings, L.C.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
35
State of Florida )
County of..pinc.llas H,'J/!i bo 4-01l~ ""-
The foregoing instrument was acknowledged before me this ~day of .;::'L: bl) CUI/(j ,2005,
byKiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater E tate LLC, a Florida limited liability corporation, on behalf of the
corporation, ho is personally known to me r who produced as
identification.
By:
~J\.EvelynGamer
,. j My Commisalon 00197702
Of'" Expires June 20, 2007
My Commission Expires: G /~O/() 7
Printed, typed or stamp
36
EXHIBIT A
DEVELOPER'S PROPERTY
Par('t~ll:
.Lot ~, Bl<xrk1fAll, CO!.U~aIA $t'!3DIVISION,nc:cordingtoplo.t tl1o.r~(.)t
rttcorded ir. Plat 5001<. 23. t'o.~'f 60 ,Public Reeor~:'l .of Pi~Gna~
COl,mty ,1"101'1 till" 'totlether ffHllth~ vf\.co.t.o1tdSoutberlyl .f'ootof
Gulf V19M "p'('l\,l&va~d adjacent to =:ed,dLot a.nd t\.ho vit~~tCld
wfillIitttrly 1 foot of COJ:'on~(b:> or-ive. ~Qjc.c~nt ... ~~.~l;)t 1 ,said
'14C!4:t::ed. ;:oTHor.~ baing shown byRfil:901ut~on U NO'lttrtlber2'i,
1959, ill O.R. Dook 757, P&~H~ 40,. Public .Recol"'dtjof Pin~lhlS u.....
~94Pty, Fldl'idt.. And a.1$0 LotR 44, 45,.,U.i, ,4'L90,!H192,9'3. r"
95,95, l111d9;/THELLOYO..WHITE~SKINNg1t SUBDIVISION, Mt:;ordin9 to
plat thvruQfucord4)d in Pl<lt Book 13 i Pa9IJs 12i1nd.13 ,Pub:Uc
flecc}l-d:s of Pin;Z;nli~Ct:l~ml;y, 1'101 ida. tc.::;ether wi ththe VaDlI4tQu.
West.orl y .,. $6fuelw of C.;;t'>Ofi..<;l;o Dr;' v~:::.dj :>,(j(:tjt to:s~;c1 r.at; 93.
P av{'c) II;
Lote 49,49 t SO, 51, 52 and 98 , r,],lhe Lloyd...Whita-skinner
Subdivision, .. ao~ordingtothe map or platthe:raof as
,,'\X"ecorrled in Plat Book 13, Page 12 t Publi.c::Reeo:rd$.of
Pinal1as County, F1orid.a..
Plln~l'l IU:
Lot 55, North 'Hi feetcf Lot 56, South 20 feet otl.OtlOJ.;t:\IJ,
of Lot 10~~ ,tmd thBNol.t:h 30 fe9t of J,(lt liB, l,LOYl1.,i'mrrE,;
~,tJB:Lj.1:V is'tUN ~~' ,~cc.6:l.d:in-9 to the- tnap' 'o'r .plat tJre:r<;~'.o,f ~:t~J
~1. 1'.: :t~-l,.at tJO()}.~~' 13! pc\geH ': /; c1.:'1<1 :2. t 'publ.ic- ..1.-,e.:C{1;:\:)1i f)'i:
l.:sCcunty, Florida.
!...ol:s 53, ~;4, 90, 100 '-lnd l:lw :.;o:::thcrJ.y)o hwt ~lt [<)L 10.1..
1.1.'J'fiJ-NHITE>SKnJNr::~ SUBDIVISION, <lq;r.:ordiI19 t:~ the r!lOp m' ~)~<:1t
Lhl~~~t:o~;f ;JC r0::r:rdco J:1 !'1~t Bool~ .1.3, P~10€!FJ :L7. c"ln-d ,!'I prcr}~..\("~
~(.~::"'t'd:, r-,1' p, :J?J.'i'l~ Co;mty, F'1 or: ria.
37
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,
,
56
-----;- .
57
1. BfARINGS ARE BASED ON THE EASTERLY RIGHT-Of-WAY LINE Of GULfVlEW BOULEVARD
BEARING: $05'32'30. W (ASSUMED).
2. THERE MAY BE ADDITIONAL EASEMENTS. RES1R1CTIONS. AND/OR MATTERS NOT SHOWN ON
THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS Of THIS COUNTY.
3. THIS SKETCH AND lEGAL DESCRIPTION ISJ/QI VAUD WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
4. THIS IS NOT A BOUNDARY SURVEY.
PARCELS '0' AND 'E'
100 CORONADO DRIVE
CLEARWATER
SlEET 7 OF 8
BY
SKETCH AND lEGAL
DESCAIPllON
StAWEYOA'S CERTIFICATE
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION
DEPlCTED HEREON WAS PREPARED UNDER MY RESPONSIBLE
CHARGE ON THE DATE(S) SHOWN. AND MEETS THE MINIMUM
TECHNICAl STANDARDS SET FORTH BY THE flORIDA BOARD OF
PROfESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA
STATUTES.
SUNCOAST LAND SURVEYING, INC.
J 111 FOREST LAKES .BOULEVARD
~,I ..' OLDSMAR, FlORIDA <. .0. 34677 ..
r65'A~13.....,;~~r.~,.;~:sr~
:.,.c.;~ .h"~hff: -(SIJ)..'srr' nPi'.""".:'.':t'N:.'llii''i'l 'il~"(.l-MO. -,.,.
.,';':~\'~.~r:~-~r(~',;),:{:~;:, {:.;::> ,.::;-,~' .:":.iJ?-;:!~A~).~.r :.~~J~~{:\~.~~J/~~~~~.. :::.;:,
EXHIBIT A-I - Paae 2 of 5
LEGAL DESCRIPTION
PARCEL 'D'
The easterly 18.0 feet of Lots 97 , 98, 99, 100, and 101;
TOGETHER WITH the easterly 18.0 feet of Lot 102 LESS the southerly 30.0 feet
thereof, LLOYD-WHITE-SKINNER SUBDIVISION as recorded in Plat Book 13, page 12,
public records of Pinellas County, Florida.
CONTAINING 5,670:i: SQUARE FEET, OR 0.130:i: ACRES.
LEGAL DESCRIPTION
PARCEL 'E'
The southerly 20.0 feet of Lot 55;
TOGETHER WITH Lots 56 and 103 LESS The southerly 20.0 feet thereof;
TOGETHER WITH the southerly 30.0 feet of Lot 102, LLOYD-WHITE-SKINNER
SUBDIVISION as recorded in Plat Book 13, page 12, public records of Pinellas
Coun~, Rorida. .
CONTAINING 12,600:i: SQUARE FEET, OR 0.289:1: ACRES.
1. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY UNE OF GUlF\IIEW BOUlEVARD
BE:ARING: 505'32'30" W (ASSUMED).
2. THERE MAY BE AOOlTIONAL. EASEMENlS. RESTRICTIONS. AND/OR MATTERS NOT SHOWN ON
THIS SURVEY WHICH MAY BE FOUND IN THE PUBUC RECOROS OF THIS COUNTY.
3. THIS SKETCH AND LEGAL DESCRIPTION IS..J::lQI VAUD WITHOUT THE SIGNATURE AND THE
ORIGINAL. RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER.
4. THIS 15 NOT A BOUNDARY SURVEY.
SlEET 8 OF 8
PROJECT NO.
DRAWNat
SCALE
SUNCOAST LAND SUAVEYl~ INC. DRAWN
/ 111 FOREST LAKES BOULEVARD ~ oc
~... ... OLDSMAR, flORIDA 34677 . .FELDCFEW
~f~~i5ER~)J~1t);(~f-_~~,.'~~~ie'
SKETCH AND LEGAL
DESCRIPTION
<<>63
<4063DWa
T-1OO'
CBA
8~12-()4
C8A
NA
NA.,
:,f~;~~Jt.~"".;~;;~.>
BY
PARCELS '0' AND 'E'
100 CORONADO DRIVE
CLEARWATER
SlfflEYOA'S CERTlFlCAlE
I HEREBY CERTIFY lHAT THE SKETCH AND LEGAL DESCRIPTION
DEPlCTED HEREON WAS PREPARED UNDER MY RESPONSIBLE
CHARGE ON TliE DA TE(S) SHOWN. AND MEETS TliE MINIMUM
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD Of
PROfESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA
STAlUTES.
~ ._.:_;~:..,'-: '~_:_'.,. L'~'~~-;:;~:<:'" ':': "::': .: .c_ ' ': ~~: .' '.'::::.'''.:~~::.;~'~:~:'' .. i~-r-.
."'-7;':-,',
EXHIBIT A-I
- Paqe 3 of 5
~/--1
I
I
,
I
,
I
,
97, !
J~
t
Cl,l' PARK S:J8Df,/ISION
P.8. 23 PO, 37
GU.FYEW BLID.
CENTERUNE
ryp/- ----
'I COLUt1.~S~DM~J C-l
P. ',.tl :'" 60 .
h 8LO~K A 1.0 R/W
-( , . T '~~A'fEVI' -
I ' O.R. nb 0
' 'P.G .40 .
,44,4,5' I I f I '.'r
I . " 46, 47, 90 - 9: 92, ....
LLOrv-U'HITEtSKL4JNER $UBDtl1SJOt' ..!,
l J P.B. -:; PP. :2l-::; r 1 ~
, , . -L--I . ./ -L .I. .
I tJOth:JA~ l-1
, IMV BY flAT POINT Of
, BEGINNING
I r." "---' '/' J- .
. -' , I /: . ( "/
Q' 48. 49 SO' 5: _ , I I
~ /... , ! ! / I 94/ 95, 96,
~ ,f ..-i_i _i -1 L ,_;
~ !~ L _ 52 ~ _ ..
~ I " LL01'D-I~'HITE:-:SKI""t;a S:':BDr.1S~C;';-
53 P.8. :J (!'. :2-:J
- '- I
' -
'/
J
14
1 L
, .'
f ~
:00
l_
54
,- ,
f
f
r
I
-, -
7 '
I~
.IL
:02 J ~
:OJ ,
-1 If}
:0:
55
56
--.:-
'~
LINE
L-l
L-2
L-3
L-4
L-S
s
~
GRAPHIC SCALE
toO II. . ttO
k.-~
( III nII'I' )
I....b- 100ft.
...
I
1. BEARINGS ARE BASED ON THE EASTERLY RIGHT-Of-WAY UNE OF GULFVlEW BOULEVARD
BfARING: 505'32'30. W(ASSUMEO}.
2. THERE MAY BE ADOIllONAl EASEMENTS. RESTRICTIONS. AND/OR MATTERS NOT SHOWN ON
THIS SURVEY WHICH MAY BE FOUND IN THE PUBUC RECORDS OF THIS COUNTY. I
3. THIS SKETCH AND LEGAL DESCRIPTION IS....t:IQI VAllO WITHOUT THE SIGNATURE AND THE
ORIGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
4. TI-lIS IS NOT. A BOUNDARY SURVEY.
BEARING
N84'27'30"W
NOS'32'30"E
SOS'32'30"W
S05'32'30"W
N84"27'30"W
CURVE
C - 1
C - 2
CURVE TABLE
RADIUS ARC CHORD
40.00' 5.24' 5.23'
28.66' 3S.S3' 33.30'
CHD. BEARING
N01'47'28"E
S29'58'20"E
PARCEL 'c'
100 CORONADO DRIVE
CLEARWATER
SKETCH AND LEGAL
DESCAlP110N
PROJECT NO.
DAAWNGI
SCALE
SUNCOAST LAND SUR~ INC. DRAWN
/.. 111 FOREST LAKES BOULEVARD. ~ OC
~..... ..OLDSMAR. FLORIDA 34677... 'FELDCAEW.
.B.;45ti;.~;"~C!'~$,I:~ ;ElK;."f.Q.:,';,/J.'
!'l>I;'^,i!,~.""'.,,,"";,,"ffi:',:(81}\!8S4~34~-,,' c,~fAX>(B'J\' 115Si689O">.;. ~""_n:!V>.O'''~;..
~ ;:,~';O~'_'.:I~",}"'-:;,.;h:-.7~: ,- .,::': _ ,..-...I,",<"-~"_ ,", :,,:'-,'::'..':~_ '-.' .'..-'..'.., ...1<_.. -':. _," - -~Y:&:;;"I~.: K:';~~':
SlEET 5 OF B
BY
SlflVEYOA'S CERT1F1CA TE
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION
DEPlCTED HEREON WAS PREPARED UNDER MY RESPONSIBLE
CHARGE ON THE DATE(S) SHOWN. AND MEETS THE MINIMUM
TECHNICAL STANDARDS SET FORTH BY THE flORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 61GI7-6. FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA
STAnJTES.
4063
4063DWG
r-1QO'
CBA
8-12-04
CBA
NA
t/;~~. A.C;A: ' 3.;'''. . '~1@1A
EXHIBIT A-I
c2
- Paqe 4 of 5
, '
. .
LEGAL DESCRIPTION
PARCEL 'c'
The easterly 18 feet of Lot 93; TOGETHER WITH the westerly l-foot of the right of
way of Coronado Drive abutting Lot 93. LLOYD-WHITE -SKINNER SUBDIVISION as
recorded in Plat Book 13, page 12, public records of Pinellas County, Florida;
TOGETHER WITH the westerly 1 foot of the platted right of way of Gulfview
Boulevard as shown on the plat of CITY PARK SUBDIVISION as recorded in Plat
Book 23, page 37, public records of Pinellas County, Florida, and being further
described in in O.R. Book 770, page 40, public records of Pinellas County, Florida;
TOGETHER WITH a portion of Lot 1, Block A, COLUMBIA SUBDIVISION 'as recorded in
Plat Book 23, page 60, public records of Pinellas County, Florida, all of the above
being further described as follows:
Beginning at the southeast corner of Lot 93, LLOYD-WHITE-SKINNER SUBDIVISION,
thence N84'27'30"W along the southerly boundary of Lot 93 a distance of 18.00
feet; thence N05032'30"E along a line 18 feet westerly from ond parallel with the
platted right of way line of Coronado Drive (0 60 foot right of way) as shown on
the plat of LLOYD-WHITE-SKINNER SUBDIVISION a distance of 135.05 feet; thence
5.24 feet along the arc of a curve to the left having a radius of 40.00 feet, and
a chord bearing N01'47'28"E, 5.23 feet to a point of intersection with the
southerly right of way line of Gulfview Boulevard as described in O.R. Book 770,
page 40. public records of Pinellas County, Florida; thence easterly and southerly
along said right of way line for the following four (4) courses: 1) 35.53 feet along
the arc of a non-tangent curve to the right having a radius of 28.66 feet, and a
chord bearing S29"58'20"E, 33.30 feet; 2) SOS'32'30"W, 2.63 feet to the southerly
boundary of CITY PARK SUBDIVISION; 3) SOS'32'30"W, 110,54 feet; 4) N84'27'30"W,
1.00 feet to the POINT OF BEGINNING.
Containing 2,S24:f: square feet, or 0.OS8:1: acres.
1. BEARINGS ARE BASED ON THE EASTERLY RIGHT-OF-WAY UNE OF GUlFVlEW BOULEVARD
BEARING: 505'32'30. W (ASSUMED).
2. THERE MAY BEADOITlONAL EASEMENTS. RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON
THIS SURVEY WHICH MAY BE fOUND IN THE PUBUC RECORDS Of THIS COUNTY.
3. THIS SKETCH AND LEGAL DESCRIPTION IS.JIQI VAUO WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER.
.... THIS IS NOT A BOUNDARY SURVEY.
SlEET 6 OF 8
PARCEL 'c'
100 CORONADO DRIVE
CLEAAWA TER
SKETCH AND LEGAL
DESCAIPTlON
~
SURVEYOR'S CERl1FICATE
I HEREBY CERTIfY THAT THE SKETCH AND LEGAL DESCRIPTION
DEPICTED HEREON WAS PREPARED UNDER MY RESPONSIBLE
CHARGE ON THE DA TE(S) SHOWN. AND MEETS THE MINIMUM
TECHNICAl STANDARDS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA
STAlUTES.
~ (~~
e ........ ....... ..' .....,.4?-/7-of<
P.B()W. ',; ..... .' .....}<...,....,.,_.... ......:.;.....,.L~,'".;~.L;:,?t-~.,(:,;;,.:;.;.
PROfESslQNAI.:.. RVEYOR ,ond..M}..ePER,~,N.39J2.""",."'.'n...r,.;.,.,,,......,. /,.",.;;.; '. ""c::
~:, 'n . '. ,<~' "',~_'::_.-' -'. _ ,'. . ;='_.-:~~. ,~,:~ :~'.~'.~ ~~:.,~-, ,...~:'::~~~~~ ':'~T, :.'~.'_'_"_~'~\', .~.:'..:'.,'.:~,:'~~~;~~.:~:.~.~:.:~...~~~::4:..~..:~~-~"~4':-~:::~,ii;~~,L
. '
. ,'. -,.' '..
- Page 5 of 5
PROJECT NO.
DRAWNClt
SCALE
SUNCOAST LAND SURVEYING, INC. DRAWN
I 111. fOREST tAKES BOULEVARD ~ ac
~' .... .OLDSMAR.FLORIDA ,.34677 FElDCfEW
~~~~1~a~~f~~J85-=;' .BK.~DATE',
EXHIBIT A-I
7 & 8 29 E 15 EA T PINEllAS
SECll0N . . . . . . , TOWNSHIP . . . . . . SOUTH, RANG ...... S,................ COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIPTION
A PARCEl OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PlAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINEllAS
COUNTY, flORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD AND ARST AVENUE, AS DEPICTED ON THE
PLAT OF LLOYD-WHITE-SKlNNER SUBDIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES
12 AND 13, OF THE PUBUC RECORDS OF PINEllAS COUNTY, flORIDA, ALL LYING IN THE EAST 1/2 OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE Yf:ST 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PINEllAS COUNTY, flORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLlOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE
S.05.32'30"W. ALONG THE EAST RIGHT-OF-WAY OF GUlf VIEW BOULEVARD, A DISTANCE OF 90.06 FEET; THENCE
S.84"27'30"E. ALONG THE NORTH RIGHT-OF-WAY OF ARST AVENUE, A DISTANCE OF 192.00 FEET; THENCE
5.05"32'30"W., A DISTANCE OF 59.91 FEET; THENCE N.84"29'08"W. ALONG THE SOUTH RIGHT-OF-WAY OF SAID ARST
AVENUE, A DISTANCE OF 192.00 FEET; lHENCE S.05"34'08"W. ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE 5.05"31'21"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW
BOULEVARD, A DISTANCE OF 160.05 FEET; lHENCE N.84"27'30"W., A DISTANCE OF 34.98 FEET; lHENCE N.05.32'30"E.
ALONG THE CENTERUNE OF SAID GULF VIEW BOUlEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41"28'18"E., A
DISTANCE OF 16.55 FEET; THENCE S.05"29'4Q"W., A DISTANCE OF 0.58 FEET; THENCE S.84.3O'20"E., A DISTANCE OF
6.00 FEET; THENCE N.05"29'4Q"E., A DISTANCE OF 18.97 FEET; THENCE CONTINUE N.05"29'4Q.E., A DISTANCE OF 1.03
FEET; THENCE N.41"OO'13"W., A DISTANCE OF 17.95 FEET; lHENCE N.48"31'37"E., A DISTANCE OF 14.15 FEET; lHENCE
N.90'OO'OO"E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CUR~ THENCE SOUlHYf:STERLY ALONG
AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE lEFT HAVING A RADIUS OF
34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.2811'29"W.; THENCE
S.05.32'30"W. ALONG SAID EAST RIGHT-OF-WAY OF GUlf VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE
N.90"OO'oo"W. ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF
BEGINNING.
CONTAINING 28,198.76 SQUARE FEET OR 0.6474 ACRES, UORE OR LEss.
PREPARED FOR
K & P CLEARWATER ESTATES, LLC
SHEET 1 OF 3
GEORGE A. SHIMP II, FlORIDA REGISTERED LAND SURVEYOR No. 2512
JOB NUMBER: 050088 DATE SURVEYED: N/A
DRAWING ALE: 050088A.DWG DATE DRAWN: 1-28-2005
LAST REVISION: N/A X REFERENCE: 050079
- GEORGE A. SHIMP n
f . - , AND ASSOCIATES, INCORPORATED
\ J LAND SURVEYORS LAND PLANNERS
"'lliII~" 3301 .oeS07'O BOUYYARlJ,. suns .0
PAhlI HDUJOR, F.tOHIIM 3-1&83
LB 1834 PHOHS (721) 78-1-5-19& FO (727) 78&-/'!5f1
CERTIACA TION: I HEREBY CERTIFY TO tHE BEST Of MY KNOVA.ED<l: ANO BElEF 1HA T
THE LEGAL DESCRIPTION AND SKETCH SHOWN HEREON SUBSTAN1IAl1 Y IlEETS THE
MINIMUM lECHNICAl STANDARDS FOR lAND SUR~NG DESCRIBED IN tHE STAlE Of
flORIDA RULE 61G17, F.A.C. FURTHERMORE, THIS CER1If1CATION SHALl NOT EX100 TO
ANY OTHER PERSONS OR PARTIES OTHER THAN THOSE NAMED HEREON AND SHAll NOT
BE VAUD AND BINDING AGAINST THE UNDERSIGNED SUR~ WITHOUT THE 0RlGINAI..
RAISED SEAL AND SIGNA lURE OF THE flORIDA UCENSED SURVEYOR AND MAPPER.
Exhibit "A-2"
Page 1 of 6
7 & 8 29 15 PINELlAS
SEcnON . . . .. . , TOWNSHIP . . . . . . SOUlH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA
LEGAL DESCRIPllON and SKETCH
THI~ IS NOT A SURVEY
~ i- GIlf ~ B<XJlEV~ (U' '/11), _ I
/1---........., 1.0' VACAlED R/W \
I' II_II I
I \ LOT 1, BLOCK "A", COLUMBIA
r I SUBDIVISION P.B. 23, PG. 60)
\
I
'nnnnR
I:lwuuu
o 100
GRAPHIC SCALE
1 inch = 100 ft.
~
:g~
.,. a::
Rio
_0>
.
~~
~.
~"
CI3~
~t') I
s:~ !:J:!~21
}U~ :::J 98
.~ii ~
Fl a:: ..
U') W
~ SlJ8D'V1~~pYtH'7F:-SK'NNfR 99
19 \1 .8. 13, Pes. 12 &: 13)
~ ..~.. ".
UNE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
BEARING
N90"OO'OO"W
SOS"32'30"W
N84"27'30"W
S41"28'18"E
S05"29' 40"W
S84'30'20"E
NOS"29' 40"E
NOS'29' 40"E
N41UO'13"W
N48'31'37"E
N90UO'OO"E
S05'32'30"W
DISTANCE
3.82'
59.91'
34.98'
16.55'
0.58'
6.00'
18.97'
1.03'
17.95'
14.15'
34.32'
0.88'
I
54 ~l' ~
J, J,
..... .....
,.!. cb
i!5'~
55 F IF
".--':.I.~
I
I
56 I
100
j1:
.(::J
f'5
~
IO!
102
I
I
IOJ
CHORD BEARING
S281 1 '29"W
SHEET 20F 3
JOB NUMBER: 050088
DRAWING FILE: 050088A.DWG
LAST REVISION: N A
CERllACA liON: I HEREBY CERllFY TO THE BEST OF MY KNO\\lEllCE AND BELEF THAT
THE LEGAL DESCRIPllON AND SKETCH SHOYttl HEREON SUBSTAN11ALL Y I.fEE1S 1HE
MINIMUMlECHNICAL STANDARDS FOR LAND SUR\{'(JNG DESCRIBED IN THE STAlE ~
FLORIDA RULE 61G17, F.A.C. FURTHERMORE, THIS CERllF1CAllON SHAll NOT EXTEND TO
ANY OTHER PERSONS OR PARllES OTHER THAN THOSE NAlAED HEREON AND SHAll NOT
BE VAUD AND BINDING AGAINST THE UNDERSIGNED SUR~ WITHOUT tHE ORIGINAL
RAISED SEAL AND SIGNATURE OF THE FLORIDA UCENSED SURVEYOR AND MAPPER.
DATE SURVEYED: N A
DATE DRAWN: 1-28-200S
X REFERENCE: 050079
GEORGE A" SHIMP II
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
3301 .oeS07'O BOUUJ'AHJJ, SU/J'K .0
PAM! HDllJOll, '~ORI.o.A 31883
PHOHK (727) 781-5198'0 (727) 788-1258
GEORGE A. SHIMP II, FlORIDA REGlSlERED LAND SURVEYOR No. 2512
LB 1834
Exhibit "A-2"
Page 2 of 6
7 & 8 29 15 PINELLAS
SECnON . . . . . . . TOWNSHIP . . . . . . SOUTH. RANGE . . . . . . EAST. . . . . . . . . . . . . . . . . COUNTY. FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
ABBAEVIA TlONS
A = ARC lENGlH
AIC = AIR CONDInONER
Af =. AlUMINUM fENCE
AlUM = ALUMINUM
ASPH = ASPHALT
BFE = BASE FlOOD ElEVATION
BLDG = BUILDING
BLK = BLOCK
BM = BENCH MARK
BNDY = BOUNDARY
BRG = BEARING
BIW = BARBED YtlRE fENCE
C " CAlCULA lED
CB = CHORD BEARING
CBS = CONCRElE BLOCK STRUClURE
CHD = CHORD
Cl = CENTERUNE
elf = CHAIN UNK fENCE
ClOS = ClOSURE
CO!. = COLUMN
CONC = CONCRElE
CR = COUNTY ROAD
CIS = CONCRElE SlAB
COR = CORNER
COV = COVERED AREA
D = DEED
DOT = DEP ARlMENT OF TRANSPORTATION
DRNG = DRAINAGE
D/W = DRIVEWAY
El OR ElEV = ELEVATION
EOP = EDGE OF PAVEMENT
EOW = EDGE OF WA lER
ESMi = EASEMENT
FCM = FOUND CONCRElE MONUMENT
FES = FlARED END SECTION
FlP = FOUND IRON PIPE
FIR = FOUND IRON ROD
Fl = FlOW UNE
FlD = FIELD
FND = FOUND
FOP = FOUND OPEN PIPE
FPC = FlORIDA POD CORP.
FPP = FOUND PINCHED PIPE
fRM = fRAME
FZL = FlOOD ZONE UNE
GAR = GARAGE
G/E = GlASS ENClOSURE
H\'If = HOG YtlRE fENCE
H'M. = HIGH WA lER UNE
INV = INVERT
LB = LAND SURVEYING BUSINESS
lIE = lO~ST FlOOR ElEV
LHSM = LO~ST HORIZONTAl SUPPORTING MEMBER
lS = LAND SURVEYOR
M " MEASURED
MAS = MASONRY
MES = MllERED END SECTION
MH " MANHOLE
MHII. = MEAN HIGH WA lER UNE
MS!. = MEAN SEA lEVEl.
N&8 " NAIL AND BOmE CAP
Neld) = NAIL AND DISK
No!cT = NAIL AND TAB
NGW " NATIONAl GEODETIC VERTICAl DAlUM
NO = NUMBER
OIA = OVERAll
OHW = OVERHEAD YtlRE(S)
OR = OFfiCIAl RECORDS
O/S = OFFSET
P = PLAT
PB = PLAT BOOK
PC " POINT OF CURVE
PCC = POINT OF COMPOUND CURVE
PCP = PERMANENT CONTROl POINT
PG = PAGE
PK " PARKER KAlON
PI.. = PRa'ERTY LINE
Pal = POINT OF BEQtNNG
POC = POINT OF lXMENCEIAENT
PIX. = POINT ON lIlE
pp = P01(R PllI.E
PRe = PaNT OF RE\{RSE CURVAlURE
PRM = PERUAlENT REFERDICE IICHlUENT
PROP = PROPERTY
PSM = PROFESSIONAl SURVEYOR o!c MAPPER
PT = POINT OF TANGENCY
PW'T = PAVEMENT
RAD = RADIUS
R = RECORD
REF = REFERENCE
RES = RESIDENCE
Rl = RADIAL UNE
RlS = REGISTERED LAND SURVEYOR
RND = ROUND
RNG = RANGE
RRS = RAIL ROAD SPIKE
R/W = RIGHT-OF-WAY
SCI.I = SET CONCRElE MONUMENT
S/E = SCREENED ENClOSURE
SEC = SECTION
SET Neld) = SET NAil AND DISK RlSI 2512
SIR = SET 1/2' IRON ROD RLS, 2512
SQ = SQUARE
SRF = SPUT RAIL fENCE
SR = STAlE ROAD
STY = STORY
SUB = SUBDIVISION
S/W = SIDEWAlK
lB = 'r BAR
lBlI = TEUPORARY BENCH MARK
TC = TOP OF CURB
TCS = TOP OF BANK
TDS = TOE OF SlOPE
TRANS = TRANSFORMER
TYI' = TOYINSHIP
l)'p = TYPICAl
UG = UNDERGROUND
UTIl = UTIUTY
\\{) = WOOD
\'If = WOOD FENCE
MF = \\ROUGHT IRON FENCE
NT = \\ITNESS
\\RF = WIRE. FENCE
'NY = WAlER VAlVE
*** ABBREVlA 1l0NS MAY ALSO BE CONCA TENA TED AS REQUIRED.
*** OTHER COMMONLY RECOGNIZED AND/OR ACCEPTED ABBREVIATIONS ARE AlSO UllUZED BUT NOT SPEaFlEDHEREON.
SHEET 3 OF 3
JOB NUMBER: 050088 DATE SURVEYED: N/A
DRAWNG FILE: 050088A.DWG DATE DRAWN: 1-28-2005
LAST REVISION: N/A X REFERENCE: 050079
- GEORGE A. SHIMP II
r _ ~"' AND ASSOCIATES, INCORPORATED
\ . ~ J LAND SURVEYORS LAND PLANNERS
... 33tJl DeSO!'O BOll.tKYARlJ, SlIIJ'.K D
P.aJ{ mRlJOJl, .I'.tORIDA 34(/83
LB 1834 PBOH.K (727) 784-549(/ .I'D (727) 78(/-125(/
CERTlACATlON: I HEREBY CERTIFY TO THE BEST OF MY ~ AND BElH THAT
THE LEGAl DESCRIPTION AND SKETCH ~ HERElW SUBSTANTIALLY NEETS THE
MlNIMUM TECHNICAl STANDARDS FOR LAND SURVEYING DESCIHD IN THE STAlE OF
flORIDA RULE 61G17, F.A.C. fURTHERUORE, THIS CER11FlCATllW 9lAU. NOT EXTEND TO
ANY OTHER PERSONS OR PARTIES OTHER THAN THOSE NAMED HEREON AND 9lAU. NOT
BE VAUD. AND BINDING AGAINST THE UNDERSIGNED SUR'ft'rm \\tTHOOT THE llRIGINAI.
RAISED SEAL AND SIGNATURE OF THE flORIDA UCENSED SUR\fYOR AND MAPPER.
GEORGE A. SHIMP II, flORIDA REGlSlERED lAND SURVEYOR No. 2512
Exhibit "A-2"
Page 3 of 6
7 & 8 I.Ito. P 29 SOU R GE 15 PINEllAS
SECTION . . . . . . ,TQnl1SHI ...... TH, AN ...... EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIPTION
A PARca Of LAND BEING A PART OF GULF VIEW BOUlEVARD, AS DEPICTED ON THE PLAT OF COlUMBIA
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBUC RECORDS OF PINElLAS COUNTY, FLORIDA, lYING IN THE EAST 1/2 Of SECTION 7, TOWNSHIP 29
SOUTH, RANGE 15 EAST, AND THE WEST 1/2 Of SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
PINEllAS COUNTY, FLORIDA, BEING MORE PARTICULARlY DESCRIBED AS FOllOWS:
COMMENCING AT THE NORTHWEST CORNEROf' lOT #, Of LlOYD-WHITE-SKINNER SUBDIVISION,
ACCORDING TO. THE PLAT THEREOF, AS RECORDED IN PlAT BOOK 13, PAGES 12 AND 13, Of THE PUBUC
RECORDS Of PINlliAS COUNTY, FLORIDA; mENCE N.90'OO'ooNE. ALONG mE NORm BOUNDARY OF SAID
lOT 44, A DISTANCE OF 3.82 FEET; THENCE N.05.32'30-E. AlONG mE EASTERlY RIGHT-Of-WAY OF
AFORESAID GULF VIEW BOULEVARD, A DISTANCE Of 0.88 FEET TO A POINT Of CURVE; THENCE
NORTHEASTERLY ALONG SAID EASTERLY RIGHT-Of-WAY Of GULF VIEW BOUlEVARD BEING A CURVE TO
THE RIGHT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD Of 26.18 FEET AND A
CHORD BEARING OF N.2811'29-E. TO THE POINT OF BEGINNING; THENCE N.90'OO'oo-W., A DISTANCE OF
29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A
CHORD BEARING Of N.63"52'46NE.; THENCE 5.89"54'oo.E., A DISTANCE OF 79.18 FEET TO A POINT OF
CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN
ARC OF 61.30 FEET, A CHORD OF 55.47 FEET AND A CHORD BEARING OF S.45"59'54-E. TO A POINT OF
NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-Of-WAY Of AFORESAID GULF
VIEW BOULEVARD, BEING A CURVE TO THE lEFT HAVING A RADIUS OF 28.66 FEET, AN ARC Of 11.98
FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING OF N.7,55'43NW.; THENCE N.89.54'OONW. AlONG
SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOUlEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF
CURVE; THENCE WESTERLY ALONG SAID SOUlHERlY RIGHT-Of-WAY OF GULF VIEW BOULEVARD BEING A
CURVE TO THE lEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD Of 22.84 FEET
AND A CHORD .BEARING OF S.70'27'47NW. TO THE POINT Of BEGINNING.
CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES, UORE OR lESS.
PREPARED FOR
K '" P ClEARWATER ESTATES, LiC
SHEET 1 OF 3
GEORGE A. SHIMP II, FLORIDA REGlSlERED lAND SURVEYOR No. 2512
JOB NUUBER: 050088 DATE SURVEYED: N/A
DRAWING FILE: 0s00888.DWG DATE DRAWN:. 1-31-2005
LAST RE\1S10N: N/A X REFERENCE: 050079
- GEORGE A. SHIMP n
( .:, ANJ) ASSOCIATES, INCORPORATED
\.. .J LAND SURVEYORS LAND PLANNERS
- 33tJl IJeSoro BOf/llYAHlJ, Sf/I" IJ
PALII H.JHfJOH, .I'.tOlVIM 34G83
LB 1834 PHOHK (7,t7) 784-S49G.I'O (7,t7) 78G-I,tSG
CERnACA liON: I HEREBY CERTIFY TO lHE BEST OF MY KNO\\tEllGE AND BElIEf lHA T
THE LEGAL DESCRIPlION AND SKETal SHOYttl HEREON SUBSTANlIAlLY MEETS 1HE
MINIMUM lECHNICAL STANDARDS FOR LAND SUR'EtlNG DESCRIBED IN lHE STAlE OF
flORIDA RULE 61G17, F.A.C. FURlHERMORE, lHlS CERlIACAlION SHALL NOT EXTEND TO
ANY OlHER PERSONS OR PARlIES OTHER lHAN THOSE NAMED HEREON AND SHAll. NOT
BE V AUD AND BINDING AGAINST 1HE UNDERSIGNED SUR\f:Ym Y41HOOT 1HE ORIGIHAI.
RAISED SEAL AND SIGNA lURE OF lHE FlORK>A UCENSED ~\f:Ym At<<) MAPPER.
Exhibit "A-2"
Page 4 of 6
7 Be 8 29 S 1H RANG 15 EAST PINElLAS
SECTION . . . . . . , TOWNSHIP . . . . .. OU, E . . . . . . , . . . . . . . . . . . . . . . . COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
LrI1I1I1R
uuuu
o 50
GRAPHIC SCALE
1 inch = 50 ft.
_ ~~LF VIEW B~LEVARD (7~' RjY() _ _ _ _ _~.
I 589'54'OO"E 79.18' c:, \
,
IS. R/W UNE 1.0' VACAlED R/W '\
N89'54'OO"W 145.71'
, ,
I LOT I, BLOCK "A", COLUMBIA \ \.
SlllIll"'" (pA 2J. PC. Ol) T r
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~ SUBDIVISION (P .B. 13, PGS. 12 &: 13) I I
i2 , ~... 'I" · .. I 41 I 90 1 91 ". 93 /I :/
: 1 ~ Iii 11 1 1 1 1 1 .. ~
I . Ii". "/Wi"', I
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CURVE CHORD BEARING
C1 N2811'29-E UNE BEARING DISTANCE
C2 N63"52'46-E L1 N90"OQ'OO-[ 3.82'
C3 545"59'54-[ L2 NOS'32'30-[ 0.88'
C4 Nn'SS' 43-W L3 N90"OQ'00-W 29.08'
CS 570"27' 4rW SHEET 2 OF 3
CERllRCAllON: I HEREBY CERlfY TO TIE BEST ~ MY KN~ AND Bn.lEF lHAT
tHE LEGAL DESCRIPllON AND SKETDl SIiO\\t4 HEREON SUBSTANllALL Y MEElS 1HE
MINIMUM lECHNICAl STANDARDS FOR LAND SUR'tUING DESCRIBED IN tHE STAlE OF
FLORIDA RULE 61G17, F.A.C. FURTHERMORE, tHIS CERllRCAllON SHALL NOT EXTEND TO
ANY OtHER PERSONS OR PARllES OTHER tHAN tHOSE NAMED HEREON ANO SHALL NOT
BE VAUD AND BINOING AGAINST tHE UNDERSIGNED SUR~YOR W1lHOUT tHE ORIGINAl
RAISED SEAL AND SIGNATURE OF THE FLORIDA UCENsm SURVEYOR AND MAPPER.
DATE SURVEYED: N A
DATE DRAWN: 1-31-2005
X REFERENCE: 050079
GEORGE A" SHIMP n
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
3301 .DeSOI'O BOU.lKYDVl, SUII'S.D
PAlJ/ HARIlOH, .l'lO/V.DA 3.{GB3
PHon (7~7) 7BI-519G.I'D (7~7) 7BG-/25G
GEORGE A. SHIMP II, FLORIDA REGISTERED LAND SURVEYOR No. 2512 LB 1834
Exhibit "A-2"
Page 5 of 6
7 & 8 SH 29 SO TH AN 15 E T PINELLAS
SECTION . . . . . . ,TOWN IP...... U, R GE...... AS,................ COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
ABBREVIATIONS
A = ARC LENGTH
Alc = AIR CONDIUONER
Af = ALUMINUM FENCE
ALUM = ALUMINUM
ASPH = ASPHALT
BFE = BASE flOOD ELEVA TIOO
BLDG = BUILDING
BLK = BlOCK
BM = BENCH MARK
BNDY = BOUNDARY
BRG = BEARING
B\\f = BARBED WIRE FENCE
C = CALCULATED
CB = CHORD BEARING
CBS = CONCRETE BlOO< SlRUCTURE
CHD = CHORD
Cl = CENTERUNE
CLF = CHAIN UNK FENCE
ClOS = ClOSURE
COL = COLUMN
CONC = CONCRETE
CR = COUNTY ROAD
CIS = CONCRETE SlAB
COR = CORNER
COY = COIJDlED ARE.A
o = DEED
DOT = DEPARlMENT Of TRANSPORTATION
DRNG = DRAINAGE
D/W = DRI~WAY
EL OR ELEV = ELEVATION
EOP = EDGE OF PA~MENT
EOW = EDGE Of WATER
ESM'T = EASEMENT
FCM = FOUND CONCRETE MONUMENT
FES = FlARED END SECllON
RP = FOUND IRON PIPE
RR = FOUND IRON ROD
Fl = flOW UNE
FlD = RELD
FND = FOUND
FOP = FOUND OPEN PIPE
FPC = flORIDA POv.m CORP.
FPP = FOUND PINCHED PIPE
FRU = FRAME
F2l. = flOOD ZONE UNE
GAR = GARAGE
G/E = GLASS ENClOSURE
H\\f = HOG WIRE FENCE
Hv.t = HIGH WATER UNE
INV = IN~T
LB = LAND SUR~~NG BUSINESS
LFE = LO'AEST flOOR El.EV
LHSM = LO'AEST HORIZONTAl. SUPPORTING MENBER
LS = LAND SUR~YOR
M = MEASURED
MAS = MASONRY
MES = MITERED END SEC1l0N
MH = MANHOLE
UHI'A. = UEAN HIGH WATER UNE
MS!. = MEAN SEA LEVEL
N&:8 = HAIl AND Born CAP
N&:Il = NAIL AND DISK
N"'T = NAIL AND TAB
NGW = NATIONAl. GEODETIC VERTICAl. DATUM
NO = NUMBER
OIA = O~ALL
OHW = OVERHEAD WlRE(S)
OR = OFAClAL RECORDS
o IS = OFFSET
P = PLAT
PB = PLAT BOOK
PC = POINT OF CUR~
PCC = POINT Of COMPOUND CUR~
PCP = PERMANENT CONTROl. POINT
PG = PAGE
PI< = PARKER KALON
Pl = PROPERTY UNE
POB = POINT Of BEGINNING
POC = POINT Of COMMENCEMENT
POL = POINT ON UNE
pp = POI'lR POLE
PRe = PaNT Of RE\{RSf: CURVATURE
PRM = PERIlAtOT REFERENCE M<HJMENT
PROP = PROPERTY
PSM = PROFESSIONAl SUR'I[YQR '" MAPPER
PT = POINT Of TANGENCY
PVU'T = PAVEMENT
RAD = RADIUS
R = RECORD
REF = REFERENCE
RES = RESIDENCE
RL = RADIAl. UNE
RLS = REGISTERED LAND SURVEYOR
RND = ROUND
RNG = RANGE
RRS = RAIL ROAD SPIKE
R/W = RIGHT-Of-WAY
SCIoI = SET CONCREtE MONUMENT
S/E = SCREENED ENClOSURE
SEC = SECTION
SET N"'D = SET NAL AND DISK RLS, 2512
SIR = SET 1/2" IRON ROD RLS' 2512
SQ = SQUARE
SRF = SPUT RAIL FENCE
SR = STATE ROAD
STY = STORY
SUB = SUBDIVISION
S/W = SIDEWALK
18 = "r BAR
181.1 = TENPORARY BENCH MARK
TC = TOP Of CURB
TOB = TOP OF BANK
TOS = TOE Of SLOPE
TRANS=TRANSFORIllER
T'M' = TOWI'-lSHIP
T'@ = T'IPICAL
UG = UNDERGROUND
UTIL = UTIUTY
\\0 = WOOD
I\f = WOOD FENCE
WlF = \\ROUGHT 1Rl* FENCE
\\IT = WITNESS
\\RF = WIRE FENCE
WV = WATER VAl.VE
*** ABBREVlA TlONS MAY ALSO BE CONCA TENA lED AS REQUIRED.
*** OTHER COMMONLY RECOGNIZED AND/OR ACCEPTED ABBRE\1ATlONS ARE ALSO UTlUZED BUT NOT SPECIFIED HEREON.
SHEET 3 OF 3
JOB NUMBER: 050088 DATE SURVEYED: N/A
DRAWING FILE: 05OO88B.DWG DATE DRAWN: 1-31-2005
LAST REVISION: N/A X REFERENCE: 050079
- GEORGE A. SHIMP II
r 1_ "AND ASSOCIATES, INCORPORATED
\. I'" J LAND SURVEYORS LAND PLANNERS
1l6iii'" 3301 .DeSOTO BOllLJ'YDUJ, suns .D
P.J.tJf HDVlOH, '~OHlJ)J 31803
LB 1834 PHOSi' (121) 104-5#16 I'D (121) 108-1258
CERTlRCA liON: I HEREBY CERTIFY TO mE BEST (F MY KNOW.EDGE AND BElJEF 1HA T
mE LEGAL DESCRIPTION AND SKETOl SHOW HEREON SUBSTAN1IAU. Y IlEE1S 1lE .
MINIMUM TEOlNICAL STANDARDS FOR LWl SUIM'I1NG DESCRIBED IN 1HE STATE (F
flORIDA RULE 61G17, F.A.C. FURmERIIORE, TIIS CER1IFlCATK* SHAll. NOT EXTOO TO
ANY ornER PERSONS OR PARllES OlHER tHAN lHOSE NA&ED HEREON AND SHAll NOT
BE VAUD AND BINDING AGAtlST 1HE UN~ SUR\nm WlHOUT 1lE ORIGINAl.
RAISED SEAL AND SIGNA lURE Of 1HE R.ORIDA UCENSED SUR'EYOR AND YAPPER.
GEORGE A. SHIMP II. FlORIDA REGlSlERED LAND SURVEYOR No. 2512
Exhibit "A-2"
Pa~e 6 of 6
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SITE AREA. SITE AREA. MAX HEIGHT x (150'.45')
'119.317.82 x'105' =12..528.371 CU.F
MAXIMUM x 8011 . THEORETICAL BUILDING ENVELOPE
= 12.528,371 CU.F JI: .80 =7;517.022:65 CU.F
Zo.N.lNGQ!$tR1QT
lQT AREA
LOT WIQTH
lo.T DEPTH
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PARKING INClU.DING
VALET /TANDEM
BUILDING FOOTPRINT. HEIGHT @50'.0' ELEVATION
DECK BETWEEN @ 95,481 SF. x 7'.8' HEIGHT = 732,021 CU.F
POOL DECK LEVEL @ 49.500 SF, x 12'.8' HE'GHT = 627.000 CU.F
HOTEL 3 LEVELS @ 41.273 SF. .29'.0' HEIGHT = 1,196.917CU.F
(WEDDING CAKE SCHEME)
CONDO LEVEL 10 @ 39.993 SF. X 9'.8' HEIGHT = 388.572 CU.F
CONDO LEVELS 11.12@31.856 SF" 19'.4' HEIGHT = 615.882 CU.F
CONDO LEVELS 13.14@23.485 SF. X 19'.4' HEIGHT = 454.036 CU.F
4.012.428 CU.F- AS DESIGNED BUILDING ,ENVELOPE
PERCENTAGE OF BUILDING ENVELOPE
COMPARED TO MAXIMUM BUILDING ENVELOPE
BUILDING ENVELOPE: MAXIMUM BUILDING ENVELOPE
4.012,428 CU.F ! 12,528;371 = 32.02%
HANDICAPPED pARKIN'" @
lEVEl4!:O" EXC.lUDING:VAl.ET
BUILDING VOLUME CAlCULA nONS
Exhibit "B-I"
Page 2 of 6
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EXHIBIT B-2
MINIMUM QUALITY STANDARD
Exhibit B-2
Hotel Quality Standard
Minimum Quality Standards
The Development Agreement ("Agreement") between the City of Clearwater, Florida (the
"City") and K & P Clearwater Estate, LLC, a Florida limited liability company ("Developer")
provides for the allocation of two hundred and fifty (250) resort hotel units from the Beach by
Design Hotel Unit Pool to the site on which the Developer anticipates building the project described
in the Agreement (the "Project Site"), which project is to contain, among other things, 350 hotel units
within a quality resort hotel (the "Hotel"). Beach by Design establishes physical, functional and
operational requirements for a proposed development to be eligible for an allocation of resort units
from the Hotel Unit Pool. The allocation of the resort hotel units to the Project Site represents a
significant economic incentive for the development of the Hotel.
The purpose of this Exhibit is to establish:
1. minimum quality standards for the proposed Hotel;
2. a process for assessing compliance with the minimum quality
standards; and
3. an enforcement mechanism in the event that the Developer shall
fail to comply with the minimum quality standards.
Minimum Quality Standards
The City and the Developer agree that there are two (2) alternative ways in which the
Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality
Standards"):
1) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least four (4) diamonds; or (b)
Mobil Travel Guide ("MTG") and obtaining and maintaining
a minimum quality rating of at least four (4) stars; or (c) such
other travel marketing and rating service as the City
reasonably approves ("Other Rating Service") and obtaining a
quality rating comparable to the AAA and MTG ratings
described in (a) and (b) ofthis subparagraph;
or
2) membership in (a) the AAA and obtaining and maintaining a
minimum quality rating of at least three (3) diamonds; or (b)
membership in MTG and obtaining and maintaining a
minimum quality rating of at least three (3) stars, and in
addition to (a) or (b), inclusion in the Hotel upgraded
improvements and facilities as described hereinafter.
The City agrees that the Developer would satisfy the upgraded improvements and facilities
requirement by providing twenty-five percent (25%) of the total number of AAA four (4) diamond
quality criteria for: i) exterior; ii) public areas; iii) guestrooms; iv) guestroom amenities; and v)
bathroom as described in AAA, Lodging Requirements & Diamond Rating Guidelines (the most
current edition as of the date of issuance of the building permit for the Hotel).
Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and
facilities requirement by compliance with the following (the "Upgrade Criteria"):
I. Exterior.
A. Curb Appeal.
1. A combination of exterior elements which create an impressive well-
integrated and excellent level of curb appeal.
11. Excellent variety of landscaping professionally planned and maintained.
111. Impressive architectural features well-integrated into the surrounding area.
B. Parking.
1. Lighting fixtures reflect characteristics of the design ofthe property.
11. Physical evidence of added security exists.
111. Excellent overall illumination.
II. Public Areas.
a. Furnishings and Decor: Upscale, well-appointed, and in the theme of the property;
high degree of comfort, featuring professionally fitted coverings; an abundant variety
of live plants or unique dried floral arrangements.
b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with
umque area rugs.
c. Illumination: Light fixtures are well-appointed and of an upscale design that
complements the overall theme of the property; multi-placement provides overall
excellent illumination.
d. Signage: Design is well-defined in harmony with the theme of the property.
e. LobbylRegistration Area: Spacious registration area; upgraded luggage carts;
recognizable guest-service area and bellstand.
f. Miscellaneous: Multiple recessed phones with notepads and pens, located away from
traffic areas. Pressing is available at specific times.
g. Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or
bar area.
h. Recreational Facilities:
1. Swimming pool area is well-appointed with upscale design elements and an excellent
quality and variety of pool furniture and hottub. Food and beverage is available
poolside.
J. On-site exercise facility with state of the art equipment; lockers and dressing area
provided.
k. Meeting Rooms. Variety of well-appointed meeting rooms with upscale design
elements. Audiovisual equipment available.
1. Restrooms. Upscale facilities appropriate for the number of meeting rooms.
m. Additional Recreational Facilities: Excellent variety of additional recreational
facilities is available on site or arrangements are made for off-site services.
n. Sundries and Other Shops: Upscale gift shop.
III. Guestrooms.
a. Free Floor Space: Obvious degree of spaciousness allowing increased ease of
movement for guests.
b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end
stone floors with unique area rugs.
c. Clothes Hanging Space: At least eight open-hook wood hangers.
d. Clothes Storage Space: Sufficient space for two pieces ofluggage; upgraded racks or
benches.
e. Illumination: Excellent overall illumination; free standing fixtures in appropriate
places.
f. Television Placement: Television located in closed armoire.
IV. Guestroom Amenities.
1. Multiple or cordless telephone. High-speed internet access. Enhanced guest-service
directory in folder.
2. Upgraded stationery. Framed or beveled full-length mirror.
3. Full-size iron and ironing board.
4. Minibar.
V. Bathrooms:
a. Wall and Floor Coverings. Excellent quality, including ceramic tile, marble, or
granite flooring.
b. Free Floor Space. Excellent size bathrooms affording guests increased ease of
movement and comfort.
c. Amenities:
1. Excellent quality plush towels; oversized.
11. Facial tissues of excellent quality in decorative container.
111. Free-standing hair dryer.
IV. Bathroom area rug.
v. Make-up mirror.
VI. Telephone.
Compliance Assessment
Initial Rating Period
As soon as is reasonably possible after a final Certificate of Occupancy for the Hotel is issued
by the City ("CO"), the Developer shall apply for membership and inspection by AAA, MTG or
Other Rating Service (the "Hotel Rating Service"), such that an inspection by the Hotel Rating
Service would be reasonably expected to occur within twelve (12) months following the issuance of
the CO ("Initial Inspection Period"). Upon receipt of the report issued by the Hotel Rating Service
("Rating Service Quality Report"), the Developer shall immediately deliver a copy of the rating
report to the City.
In the event that the Hotel Rating Service does not or is unable to inspect the Hotel within the
Initial Inspection Period, Developer shall use reasonable diligence to obtain an independent quality
assessment of the Hotel from a qualified hoteVresort industry expert ("Independent Quality
Assessment") within ninety (90) days after the issuance of the CO. In the event that the Developer
fails to deliver a qualified Rating Service Quality Report or a qualified Independent Quality
Assessment to the City within ninety (90) days after the first anniversary of the CO, the City may at
the Developer's expense, obtain a written opinion of an independent expert in the hotel/resort
industry with regard to the compliance ofthe Hotel with the Minimum Quality Standards established
in this Exhibit.
Maintenance and Monitoring of Compliance with Minimum Ouality Standards
1. The Developer shall maintain compliance with the Minimum Quality Standards throughout
the term of this Agreement.
2. In the event that the initial rating ofthe Hotel equals four (4) diamonds, four (4) stars or the
equivalent with an Other Rating Service or better, maintenance of such rating shall constitute
full compliance with the Minimum Quality Standards.
3. In the event that the initial rating ofthe Hotel equals three (3) diamonds, three (3) stars or the
equivalent with an Other Rating Service, and the Developer has included in the Hotel the
required upgraded improvements and facilities as described above, the maintenance of such
rating shall constitute compliance with the Minimum Quality Standards. On the fifth
anniversary ofthe issuance ofthe CO, if the most recent Rating Service Quality Report does
not address compliance with the upgraded improvements and facilities requirement
established in this Exhibit (the "Upgrade Requirement"), the Developer shall obtain a written
opinion from a qualified hotel/resort industry expert that the Hotel continues to meet the
Upgrade Requirement. If the Developer fails to deliver a qualified opinion of compliance
with the Upgrade Requirement, the City may at the Developer's cost, obtain a written
opinion of an independent expert in the hotel/resort industry with regard to the compliance of
the Hotel with the Upgrade Requirement.
Failure to Comply
In the event that a Rating Service Quality Report, an Independent Quality Assessment or the
opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or no
longer complies with the Minimum Quality Standards established in this Exhibit or the Developer
fails to provide the City with a Rating Service Quality Report or an Independent Quality Assessment
or expert opinion, or the Hotel Rating Service that previously rated the Hotel has given notice stating
that such service has downgraded the Hotel's rating to a lower rating level ("Rating Downgrade
Notice"), the City shall notify Developer of default in a writing which details identifying the nature
of the default(s) ("City Quality Default Notice").
If the default(s) described in the City Quality Default Notice are based upon a Rating
Downgrade Notice, Developer shall have that period oftime given to Developer by the downgrading
hotel rating service to dispute or effectuate any cure required to restore the Hotel to the Minimum
Quality Standard and to present to the City reasonable evidence that Developer has either prevailed
in its dispute of the default(s) or has effectuated a cure of the conditions upon which the default is
based.
Ifthe City Quality Default Notice is based on any basis provided for in this Exhibit other than
a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the
Developer intends to dispute the Default Notice. Ifthe Developer does not notify the City within ten
(10) days of its intent to dispute the Default Notice, the Developer shall have thirty (30) days to cure
the default, or in the event that it is not reasonably possible to cure the default within thirty (30) days,
the Developer shall submit a sworn statement describing the steps necessary to cure the default and
to the time period necessary to cure the default. In the event that the Developer disputes the Default
Notice, the dispute shall be resolved through expedited arbitration pursuant to the Agreement and in
the event that the Developer's dispute is resolved in favor ofthe City, the Developer shall then cure
the default within thirty (30) days after resolution of the dispute.
In the event that a City Quality Default Notice was based on a failure to maintain compliance
with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified
hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement every two (2)
years after the default is cured until the expiration or termination date of the Agreement.
Notwithstanding anything contained in this Agreement to the contrary, it shall not be
considered a default under this Agreement ifthe Developer must make modifications or take actions
to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken
requires the alteration of structural or architectural design elements of the Project which were
approved by the City in connection with the construction of the Proj ect or where the cost of such
modifications or actions, including any debt service incurred by the Developer in connection
therewith, cannot be recovered over the useful life of the item to be modified, as reasonably
determined by the City and the Developer.
Remedies upon Event of Default
Upon the occurrence of an Event of Default which is not cured within thirty (30) days,
Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred Dollars
($2,500.00) payable to the City for each day that the defaults enumerated within the City Quality
Default Notice at issue remain uncured.
In the event that an Event of Default occurs, the accumulated fines shall be a lien against the
Hotel component of the Developer's Property which may, at the City's sole discretion, be enforced
through a foreclosure proceeding.
EXHIBIT C
PROJECT SITE
The Project Site shall consist of the Developer's Property (as described in Exhibit A), less the
Dedications (as described in Exhibit A-I and Exhibit L), plus the Vacations of Rights of Way (as
described in Exhibit A-2), as depicted on the attached diagram.
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EXHIBIT D
COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK lMPROVEMENTS
[Please see the attached diagrams which depict the coordinated design features.]
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EXHIBIT E
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS is made as ofthe
day of , 2004 by K & P Clearwater Estate, LLC.
K & P Clearwater Estate, LLC, is the owner of fee simple title to all of the real property
described in Exhibit 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The
City of Clearwater has amended its Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order
to implement the provisions of Beach by Design, a preliminary design for the revitalization of
Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District provides for
the allocation of bonus resort units as an incentive for the development of destination quality resorts
with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a
Community Redevelopment District, the allocation of bonus resort units is subject to compliance
with a series of performance standards, including a requirement that the resort hotel to be developed
on the Real Property implement a trip generation management program to reduce the number of
vehicle trips generated by the use and operation of the Real Property.
The City of Clearwater has granted, by City Council Resolution passed and
approved on , the application of K & P Clearwater Estate, LLC, for an
allocation of bonus resort units pursuant to the provisions ofthe designation of Clearwater Beach as
a Community Redevelopment District subject to compliance with the requirements of the
designation of Clearwater Beach as a Community Redevelopment District. K & P Clearwater Estate,
LLC, desires for itself, and its successors and assigns, as owner to establish certain rights, duties,
obligations and responsibilities with respect to the use and operation of the Real Property in
accordance with the terms and conditions ofthe allocation of bonus resort units to K & P Clearwater
Estate, LLC, and the designation of Clearwater Beach as a Community Redevelopment District,
which rights, duties, obligations and responsibilities shall be binding on any and all successors and
assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of bonus resort units to K & P
Clearwater Estate, LLC, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, to K & P Clearwater Estate, LLC, hereby declares, covenants and agrees as
follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of
K & P Clearwater Estate, LLC, and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City of Clearwater, Florida, and shall be enforceable on
behalf of the said residents by the City Council of the City of Clearwater.
2. Covenant to Prepare and Implement a Trip Generation Management Program. K & P
Clearwater Estate, LLC, hereby covenants and agrees to the development, use and operation ofthe
Real Property in accordance with the provisions of this Declaration.
2.1 Trip Generation Management Program. K & P Clearwater Estate, LLC, shall
prepare a Trip Generation Management Program which includes, at a minimum, the program
elements which are set out in Exhibit 2 which is attached hereto and incorporated herein.
2.2 Implementation. K & P Clearwater Estate, LLC, shall take all necessary and
appropriate steps to implement the approved Trip Generation Management Program and the
selected management strategies.
3.
recording.
Effective Date. This Declaration shall become effective immediately upon its
4. Governing Law. This Declaration shall be construed in accordance with and governed
by the laws of the State of Florida.
5. Recording. This Declaration shall be recorded in the chain of title of the Real Property
with the Clerk of the Courts of Pin ell as County, Florida.
6. Attorneys Fees. In the event the City of Clearwater or K & P Clearwater Estate, LLC,
is obligated to institute legal proceedings with respect to this Declaration, the prevailing party shall
be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs from
the non-prevailing party.
7. Severability. If any provision, or part thereof, of this Declaration or the application of
this Declaration to any person or circumstance will be or is declared to any extent to be invalid or
unenforceable, the remainder of this Declaration, or the application of such provision or portion
thereof to any person or circumstance, shall not be affected thereby, and each and every other
provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, K & P Clearwater Estate, LLC, has caused this Declaration of
Covenants and Restrictions to be executed this day of ,2004.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member ofK & P
Clearwater Estate, LLC.
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of , 2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT 1
Pnrcc! I:
Lot 1 J B1Q~k '1;'.".. COLUMBIASUDDIVIBION, Qccording to plat Ul6'.r~of
recorded in plAt Book 23, P~9~ 60, Public R6cord3 of Pinsll&s
County, Flo:rtdll, toqathor witb th~ v~(:(ll~d southerly 1 foot o!
Gulf '{I eM' 1'.C:'l\tlov~;r'd adjocent. Co l:Ic:l.id Lott, and l;hu vll.c6.tod
Ha.'tQrly 1 foot of Coronado nrive <tdj Acant to ::.a.;i.d ~oL 1, lulid
vAca~ed ~ortior.u baing shown by Rc~olu~ion filed Novu~ber 21.
1959, in D.R. Dook 757, PagQ 40, Public Records of Pinellas
Coupty, Plorid~, and also LotH 44, 45, 46, 47, 90, 91, 92, 93, 94
95, 96, and 91 I 'J:'H~LLOYD..WBlTE~SI<INNER SUBDIVISION, according to
plat thereof reco.rd4S(\ in Plat Book 13.. PagGs 12 and 13. Public
Hecords of Pil':Gllan C~)UnlJ', Flul ida, tCl1ethe1" with thFl V<<Olltt.lQ.
Westerly 1.86 feal; Qf Co;..on~do tlriv(! adj4ccilt to ~l\id Cot 93,
Pm'cel II:
Lota 40, 49, SO, 51, 52 and 98, 'l'he Lloyd-White-Skinner
Subdivision, ac~ording to the map or plat thereof a.s
l\recorded in Plat Book 13, page 12, Publi.c Record$ of
Pinel laB County, Florida.
P~ln:cl Ill:
Lot 55, North '10 feet of Lot 56, South 20 f.~ct of Lot 10:,,&1.1.
of Lot: 102, .md thEl North 30 fe2l t)f Lot 103, L!DYD-I'/HITE-
31CmiER SUBlJ..~YLS.tuN( flcco:n::ing to the map or plat thereat cu,;
recorded it: Plat Bool:. 13, pc:.~eG ~.2 CIne l3,?ubllc reco.nlH of
Pine) lng County, Florida.
J...,cts 53, ~.i4, 9.9, 100 and the r.;o::-thG:r.i.y J(; 1:l.!C!t. ot: GoL 10.1.,
1..l.G',t'j),\'iHITE..5KINNEP. SU3lJIVIS!OU, accol'dir:g to the map 01' plat.
Lh::t'(!uf ;;'0 r0::orclcd 1.:1 act BO:Jl~ :.3, p~~EH) 1./. rlod:.:., Tlllb-:i.r:
?:'~'C""t'd:, ""f ':Ht)?J.J,,~ Comty, F'lnr:rJil.
Page 1 of 3
TOGETHER WITH:
lEGAL DESCAIPOON
A PARCEl OF lAND BEING A PART OF GUlF VIEW BOULEVARD, AS DEPICTED ON lHE PlAT OF COlUMBIA SUBDIVISION,
ACCORDING TO lHE: PLAT lHEREOF, AS RECORDED IN PlAT BOO( 23, PAGE 60, OF lHE PUBUC RECORDS OF PINEIl.AS
COUNTY, flORIDA, AND BEING A PART Of SAID GULF VIEW BOOlEVARD AND RRST AvrNUE, AS DEPlCTED ON lHE
PlAT OF LLO'l1>-YMITE-SKlNNER SUBDIVISION, ACCORDING TO PlAT THEREOF, AS RECORDED IN PlAT BOOK 13, PAGES
12 AND 13, OF lHE PUBUC RECORDS Of PINBl.AS COUNTY, FlORlOA, All L'r1NG IN lHE EAST 1/2 OF SECTION 7,
TOWNSHIP 29 SOUlH, RANGE 15 EAST, AND 1HE YtBT 1/2 OF SECTION 8, TOWNSHIP 29 SOUlH, RANGE 15 EAST,
PINEIlAS COUNTY, FlORlOA, BEING MORE PARTICUlARlY DESCRIBED AS FOlLOWS:
BEGINNING AT lHE NORlHYtBT CORNER OF LOT 44, OF SAID LLO'l1>-YflTE-SKINNER SUBDIVISION; lHENCE
S.05"32'3O-W. AlONG 1HE EAST RIGHT-OF-WAY Of GUlF \1EW BOUlEVARD, A DISTANCE OF 90.06 FEET; lHENCE
5.84"27'30-E. AlONG 1HE NORlH RlGHT-()f':"WAY or msr A\fNUE, A DISTANCE OF 192.00 FEET; lHENCE
5.05'32'3O-W., A DISTANCE or 59.91 FEET; MNCE N.84"29'08-W. AlONG 1HE SOUlH RIGHT-OF-WAY or SAID RRST
AVENUE, A DISTANCE OF 192.00 fEET; lHENCE 5.05"34'08"W. AlOOG AfOOESAID EAST RIGHT-OF-WAY OF GUlF VIEW
BOUlEVARD, A DISTANCE or 154.95 FEET; 1HENCE5.05~1'21"W. AlONG SAlO EAST RIGHT-OF-WAY OF GUlF VIEW
BOUlEVARD. A DISTANCE OF 160.05 FEET; lHENCE N.M"27'3O"W., A DfSTANCE or 34.98 FEET; lHENCE N.05"32'3O-E.
AlONG lHE .CENTERUNE or $AI) GUlF D BOUlEVARD, A DISTANCE OF 456.33 FEET; lHENCE S.41"28'18-E., A
DISTANCE OF 16.55 FEET; MNCE 5.05"29'4(tW., A DISTANCE or 0.58 FEET; lHENCE S.84'3O'20-E., A DISTANCE OF
6.00 FEET; lHENCE N.05'29'40"E., A DISTANCE OF 18.97 FEET; lHENCE CONTINUE N.05'29'4O-E., A DISTANCE OF 1.03
FEET; lHENCE N.41'OO'13-W.. A DISTANCE Of 17.95 FEET; THENCE N.48"31'JrE., A DISTANCE Of 14.15 FEET; lHENCE
N.9O"OO'OO-E., A DISTANCE Of 34~J2 FEET TO A POINT Of NON-TANGENT CUR~ lHENCE SOU1H\\{STERLY AlONG
AfORESAID EAST RIGHT-of-WAY or GULF VIEW BOUlEVARD, lOG A CUR\{ TO 1HE lEFT HAVING A RADIUS OF
34.00 FEET, AN ARC or 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.2811'29-W.; lHENCE
5.05"32'3O"W. AlONG SAID EAST RIGHT-or-WAY Of GUlF VIEW BOOlEVARO, A DISTANCE OF 0.88 FEET; lHENCE
N.90'OO'oo-W. AlONG lHE NORlH BOONOARY or AfORESAl) LOT <<, A DISTANCE OF 3.82 FEET TO lHE POINT OF
BEGINNING.
CONTAINING 28,198.76 SQUARE FEET OR 0.6474 AmES, t.tOOE OR LEss.
lEGAL DESCRIPTlON
A PAReR Of lAND BEING A PART OF GUlf VIEW BOOlEVARO, AS DEPlCTED ON lHE PLAT or COlUMBIA
SUBDIVISION, ACCORDING TO lHE PLAT lHEREOF, AS RECOOOED f4 PlAT BOOK 23, PAGE 60, Of lHE
PUBUC RECORDS or PINflLAS COUNTY, flORIDA, L'r1NG IN 1HE EAST 1/2 or SECTION 7, TOWNSHIP 29
SOUlH, RANGE 15 EAST, AND 1HE lEST 1/2 or SEC11<I4 8, TOINSHIP 29 SOUlH, RANGE 15 EAST,
PINEIlAS COUNTY, FlORlOA, BEING M<&: PAR1ICUlARlY DESamEO AS FOlLOWS:
COMUENONG AT 1HE NORlH'A[ST COONER or LOT <<, or LLOYD-MlTE-SKINNER SUBDIVISION,
ACCORDING TO.lHE PlAT nmor, AS REcamED f4 PlAT BOO( 13, PAOCS 12 AND 13, OF 1HE PUBUC
RECORDS OF PINEllAS COONTY, FlOOlOA; nENCE N.90'OO'O(tE. AlOOG 1HE NORlH BOUNDARY Of SAID
LOT <<, A DISTANCE or 3.82 FEET; MNCE N.05"32'JO-E. AlONG lHE EASTERlY RIGHT-OF-WAY or
AfORESAID GUlF VIEW BOUlEVARD, A DISTANCE or 0.88 FEET TO A PaNT a: CURVE; 1HENCE
NOR1HEASlERlY AlONG SAID EASTERlY RIGHT-of-WAY Of GJlf VIEW BOOlEVARO BEING A CUR\{ TO
lHE RIGHT HAVING A RADIUS or 34.00 FEET, AN ARC or 26.87 FEET, A CHORD or 26.18 FEET AND A
CHORD BEARING (f N.2811'29-E. TO lHE ~T or BE<HfNG; 1lfNCE N.90"OO'oo-W., A DISTANCE (f'
29.08 FEET TO A PaNT OF NON-TANGENT aJR~ llENCE NmllEASTERlY AlONG A CUR\{ TO lHE
RIGHT HAVING A RADIUS or 112.00 FEET, AN ARC (f' 102.51 FEET, A CHOOO (f 98.97 FEET AND A
CHORD BEARlNGor N.63"52'46-E.; lHENCE s'89"54'(XtE., A DISTANCE (f 79.18 FEET TO A POINT Of
CURVE; lHENCE SOOlHEASTERlY AlONG A CUR'#{ TO H RIGHT HAVING A RADIUS OF 40.00 FEET, AN
ARC (f 61.30 FEET. A CHORD or 55.47 FEET AND A 0f0R0 BEARING (f 5.45"59'54-E. TO A POINT OF
NON-TANGENT MVE; 1HENCE YcESlERLY AlONG 1HE SOOllmY RIGHT-OF-WAY OF AfORESAID GUlf
VIEW BOUlEVARD, BEING A CUR\{ TO lHE lEFT HA\1NG A RADIUS or 28.66 FEET. AN ARC or 11.98
FEET. A CHORD or 11.89 FEET AND A CHORD ~G or N.7T55'43-W.; lHENCE N.89"54'oo-W. AlONG
SAID SOUlHERlY RIGHT-OF-WAY or GUlf VIEW BOOlEVARO. A DISTANCE OF 145.71 FEET TO A POINT Of
CURVE; lHENCE \'ESTERlY AlONG SAID SOOlHERlY RlGHT-(f-WAY OF GUlf VIEW BOULEVARD BEING A
CUR\{ TO 1HE LEFT HAVING A RADIUS or 34.00 fEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84 FEET
AND A CHORD.BEARING OF 5.70"21 4rW. TO lHE POINT (f BEGINNING.
CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR lESS.
Page 2 of J
LESS AND EXCEPT:
LEGAL DESCRIPTION
PARCEL 'c'
The easterly 18 feet of Lot 93; TOGETHER WITH the westerly 1 -foot of the right of
way of Coronado Drive abutting Lot 93, LLOYD-WHITE -SKINNER SUBDIVISION as
recorded in Plot Book 13, page 12, public records of Pinellas County, Florido;
TOGETHER WITH the westerly 1 foot of the platted right of way of Gulfview
Boulevard as shown on the plat of CITY PARK SUBDIVISION as recorded in Plat
Book 23, page 37, public records of Pinel/as County, Florida, and being further
described in in O.R. Book 770, page 40, public records of Pinellas County, Florida;
TOGETHER WITH a portion of Lot 1, Block A, COLUMBIA SUBDIVISION as recorded in
Plat Book 23, page 60, public records of Pinel/as County, Florida, all of the above
being further described as follows:
Beginning at the southeast corner of Lot 93, LLOYD-WHITE-SKINNER SUBDIVISION,
thence N84'27'30"W along the southerly boundary of Lot 93 a distance of 18.00
feet; thence N05'32'30"E along a line 18 feet westerly from and parallel with the
platted right of way line of Coronado Drive (a 60 foot right of way) as shown on
the plat of LLOYD-WHITE-SKINNER SUBDIVISION a distance of 135.05 feet; thence
5.24 feet along the arc of a curve to the left having a radius of 40.00 feet, and
a chord bearing N01"47'28"E, 5.23 feet to a point of intersection with the
southerly right of way line of Gulfview Boulevard as described in O.R. Book 770,
page 40, public records of Pinellas County, Florida; thence easterly and southerly
along said right of way line for the following four (4) courses: 1) 35.53 feet along
the arc of a non-tangent curve to the right having a radius of 28.66 feet, and a
chord bearing S29'58'20"E, 33.30 feet; 2) SOS'32'30"W, 2.63 feet to the southerly
boundary of CITY PARK SUBDIVISION; 3) SOS'32'30"W, 110.54 feet; 4) N84'27'30"W,
1.00 feet to the POINT OF BEGINNING.
Containing 2,524:f: square feet, or 0.OS8:f: acres.
LEGAL DESCRIPTION
PARCEL '0'
The easterly 18.0 feet of Lots 97, 98, 99, 100, and 101; therl
TOGETHER WITH the easterly 18.0 feet of Lot 102 LESS ~he sou B k
thereof, LLOYD-WHITE-SKINNER SUBDI~ISION as recorded In Plat 00
public records of Pinellas County, Flonda.
CONTAINING 5,670:f: SQUARE FEET, OR 0.130:f: ACRES,
30.0 feet
13, page 12,
LEGAL DESCRIPTION
PARCEL 'E'
The southerly 20.0 feet of Lot 55; th f'
TOGETHER WITH Lots 56 and 103 LESS The southerly 20.0 feei _Se~~oNER
TOGETHER WITH the southerly 30.0 feet of Lot 102, LLOYD-WHI E f P' "
SUBDIVISION as recorded in Plat Book 13, page 12, public records 0 me as
County, Florida.
CONTAINING 12,600:i: SQUARE FEET, OR 0.289:i: ACRES.
Page 3 of 3
EXHIBIT 2
Trip Generation Management Program
1. Prior to issuance of a Certificate of Occupancy for the Seashell Resort, the
developer shall implement a Transportation System Management Plan. This
Plan shall establish practices, procedures and costs/fees for services to reduce
the number of trips to and from the site. Examples of methods, which may be
considered are:
a. Guest shuttle services/airport
b. Guest shuttle services/activities
c. Employee shuttle
d. Non-motorized modes for Hotel guests
e. Fixed route transit
f. Taxis/demand responsive transit
g. Non-motorized modes for employees
h. Staggered working hours
The plan will address the trip characteristics of resort occupancy, compare and contrast the
generation and reduction methods against non transient units and create a supporting trip
utilization projection for the Beach by Design transit proposal from both Hotel visitors. The
plan will apply a best methods approach. City and County transportation programs may also
generate additional methods based on special studies or intergovernmental program funding
(County-wide Gulfview Trolley System).
EXHIBIT F
COVENANT REGARDING HURRICANE EV ACUA TION
and
DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made
as of the _ day of , 200_, by K & P Clearwater Estate, LLC, a Florida limited
liability company ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule I
attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater,
Florida (the "City"), has amended it Comprehensive Plan to designate Clearwater Beach as a
Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order
to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the
"Designation") provides for the allocation of bonus resort hotel units ("Bonus Units") as an incentive
for the development of destination quality hotel resorts with a full complement of resort amenities.
Pursuant to the Designation, the allocation of Bonus Units is subject to compliance with a series of
performance standards, including a requirement that resorts containing a hotel developed with Bonus
Units ("Hotel") shall be closed and all Hotel guests evacuated from such resorts as soon as
practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater
Beach. The purpose of such evacuation is to ensure that such a Hotel is evacuated in advance ofthe
period of time when a hurricane evacuation would be expected in advance of the approach of
hurricane force winds.
The City has granted, by City Council Resolution , passed and approved on
Developer's application for Bonus Units pursuant to the Designation, subject
to Developer's compliance with the requirements of the Designation. Developer desires for itself,
and its successors and assigns, as owner, to establish certain rights, duties, obligations and
responsibilities with respect to the use and operation of the Real Property in accordance with the
terms and conditions of the allocation of the Bonus Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns
and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be
observed and performed, and in further consideration of the allocation of Bonus Units to Developer,
and other good and valuable consideration, the sufficiency of which is hereby acknowledged,
Developer hereby declares, covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for the benefit
of Developer and its successors and assigns and shall be enforceable by them and
also for the benefit of the residents of the City and shall be enforceable on behalf of
said residents by the City Council of the City.
2. Covenant of Development. Use and Operation. Developer hereby covenants and
agrees to the development, use and operation ofthe Real Property in accordance with
the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A minimum of two hundred and fifty (250) hotel units, which is the
number of hotel units allocated to DEVELOPER, shall be used solely
for transient occupancy ofthirty (30) days or less, must be licensed as
a public lodging establishment and classified as a hotel, and must be
operated by a single licensed operator ofthe hotel. No hotel unit shall
be used as a primary or permanent residence.
2.1.2 All other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging
establishment," "hotel," "resort condominium," and "operator" shall
have the meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real
Property shall be closed as soon as practicable upon the issuance of a
hurricane watch by the National Hurricane Center, which hurricane watch
includes Clearwater Beach, and all Hotel guests, visitors and employees other
than emergency and security personnel required to protect the resort, shall be
evacuated from the Hotel as soon as practicable following the issuance of
said hurricane watch. In the event that the National Hurricane Center shall
modify the terminology employed to warn of the approach of hurricane force
winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in order to
ensure that the guests, visitors and employees will be evacuated in advance of
the issuance of a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of all building
permits required to build the project of which the Hotel is a part ("Project") and
Developer's commencement of construction ofthe Project, as evidence by a Notice
of Commencement for the Project. This Declaration shall expire and terminate
automatically if and when the allocation of Bonus Units to the Developer expires or
is terminated.
4 Governing Law. This Declaration shall be construed in accordance with and
governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the Real
Property with the Clerk of the Courts of Pin ell as County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including
reasonable attorneys' fees, which are incurred by the City in the event that the City
determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or
through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the application
of this Declaration to any person or circumstance will be or is declared to any extent
to e invalid or unenforceable, the remainder of this Declaration, or the application of
such provision or portion thereofto any person or circumstance, shall not be affected
thereby, a,nd each and every other provision of this Declaration shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ,
day of 2004.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner ofK & P
PARTNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.c., a Florida limited liability company,
general partner ofK & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT G
REQUIRED PERMITS AND APPROVALS
1. Site plan approval
2. Conditional Approval of Vacations /Dedications
3. Piling & foundation permit
4. Demolition permit
5. Site alteration/drainage permit
6. Utility relocation permit
7. Vacation of rights of way approval, conditions and replat approval
8. SWFWMD ERP permit or exemption
9. FDEP sewer permit
10. Pinellas County Health Department Water Permit
11. Building permits package
a. structural
b. mechanical
c. electrical
d. plumbing
12. License Agreement (for Pedestrian Access Improvements (Bridge))
13. Bridge Facilities building permit
14. Cafe Seating License
15. Landscape, Irrigation & Lighting Permit from Recreation and Parks Department
16. Land Exchange
EXHIBIT H
PEDESTRIAN ACCESS IMPROVEMENTS
BRIDGE - That structure depicted conceptually in the tentative location shown on the
attachment hereto.
7 29 15 PINELLAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA
LEGAL DESCRIPllON and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIP110N
A PARca Of lAND BEING A PART OF GULF VIEW BOULEVARD. AS DEPlClED ON THE PLAT OF
COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60,
OF THE PUBUC RECORDS OF PINELlAS COUNTY, FLORIDA, AND AlSO DEPIClED ON THE PLAT OF
LLOYD-WHIlE-SKINNER SUBDIVISION, ACCORDING TO PLAT THEREOF, AS RECORDED IN PLAT BOOK 13,
PAGES 12 AND 13, OF THE PUBUC RECORDS OF PINEllAS COUNTY, FLORIDA, ALL lYING IN THE EAST
1/2 OF SECTION 7, TO~SHIP 29 SOUTH. RANGE 15 EAST, PINELlAS COUNTY, FLORIDA, BEING MORE
PARTICUlARLY DESCRIBED AS FOllOWS:
COMMENCING AT THE NORTH'htST CORNER OF LOT 44, OF SAID llOYD-MillE-SKINNER SUBDIVISION;
THENCE N.90"QO'00-W. ALONG THE EAST-\\f:ST CENTERUNE Of AFORESAID SECTION 7, A DISTANCE OF
16.98 FEET TO THE POINT OF BEGINNING; THENCE 5.05"29'4O-W., A DISTANCE OF 18.97 FEET; THENCE
N.84'30'20-W., A DISTANCE OF 6.00 FEET; THENCE N.05"29'4O"E., A DISTANCE OF 0.58 FEET; THENCE
N.41 "28'18-W., A DISTANCE OF 18.42 FEET; THENCE S.48.31'42-W., A DISTANCE OF 12.00 FEET; THENCE
N.41"28'18-W., A DISTANCE OF 16.00 FEET; THENCE N.48"31'42-E., A DISTANCE OF 14.00 FEET; THENCE
N.41"28'18-W., A DISTANCE OF 66.00 FEET; THENCE 5.48"31'42-W., A DISTANCE OF 10.00 FEET; THENCE
N.41"28'18-W., A DISTANCE OF 9.00 FEET; THENCE N.48"31'4tE., A DISTANCE OF 10.00 FEET; THENCE
N.41 "28'18-W., A DISTANCE OF 8.00 FEET; THENCE N.48"31'42-E., A DISTANCE OF 10.00 FEET; THENCE
S.41 "28'18-E., A DISTANCE OF 82.85 FEET; THENCE N.48.46'03-E., A DISTANCE OF 6.50 FEET; THENCE
S.411l0'13-E., A DISTANCE OF 25.68 FEET; THENCE S.05"29'4O-W., A DISTANCE OF 1.03 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1,725.75 SQUARE FEET OR 0.0396 ACRES, MORE OR LESS.
PREPARED FOR
K & P CLEARWA 1ER ESTA lES, LLC
SHEET 1 OF 3
GEORGE A. SHIMP III, PROFESSIONAl SURVEYOR & MAPPER No. 6137
JOB NUMBER: 050079 DATE SURVEYED: N7A
DRAWING FILE: 050079.DWG DATE DRAWN: 1-26-2005
LAST REVISION: N/A X REFERENCE: 040999
- GEORGE A. SHlJ/P n
r 'AND ASSOCIATES, INCORPORATED
\. I LAND SURVEYORS LAND PLANNERS
.... 33(JI .DeSOI'O BOUUYAHlJ, SU/I'S.D
PAlJIllUllJOH, ,.tOJU.DA 34883
LB 1834 PROSS (121) 184-5498'0 (121) 188-1258
CERnACA1ION: I HEREBY CER1IFY TO 1lE BEST (F UY KNOtiDGE AND IlElEF THAT
THE lEGAL DESCRIpnON AND SKETOl SHOWN 1DE0N SUBST1MIAU.Y lIETS THE
MINIMUM TECHNICAL STANDARDS roo LAND Sl.m{)1NG IlESCRIIED IN 1lE STATE (F
A.ORIDA RUlE 61G17, r.A.c. FURntERIIORE, THIS CER1fICA1K* SHAll NOT EX100 TO
ANY OntER PERSONS OR PARnES OlHER ntAN ntOSE NAItlED HEREON AtI) SHAI1 NOT
BE VAUD AND BINDING AGAINST lIfE UNDERSIGtED SUR\fYOO WlHOUT 'DE 0RlGINAl
RAISED SEAL AND SIGNA lURE OF TIlE FLCIlIIlA UCENSED SUR'C1OR AND MAPPER.
7 29 15 PINEllAS
SECTION . . . . . . , TO\\NSHIP . . . . . . SOUllf, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, FLORIDA
LEGAL DESCAIPllON and SKETCH
THIS IS NOT A SURVEY
N. R/W Of GULF 'r1EW BOlAEVARD
APPRO..AlE w. '/W /" ~.~~ "'AST/I.' -"-"
Of GULF VIEW BOULEVARD......... i I CONS1RIJCnON CONTROl UN[
(SCALED FROM TAX MAP) 7 / (SCAlED FROM TAX MAP)
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LINE DATA
UNE BEARING DISTANCE
L1 N90'OO'OO"W 16.98'
L2 SOS'29'4Q"W 18.97'
L3 N84'30'20"W 6.00'
L 4 NOS'29' 40"E 0.S8'
LS N41"28'18"W 18.42'
L6 S48'31'42"W 12.00'
L7 N41'28'18"W 16.00'
L8 N48'31'42"E 14.00'
L9 S48'31'42"W 10.00'
L10 N41'28'18"W 9.00'
L11 N48'31'42"E 10.00'
L12 N41'28'18"W 8.00'
L13 N48'31'42"E 10.00'
L14 N48'46'03"E 6.S0'
L15 S41"OO'13"E 25.68'
L16 S05'29'4Q"W 1.03'
SHEET 2 OF 3
l:flr n n R
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o 30
GRAPHIC SCALE
1 inch = 30 It.
I
GULF VIEW BOULEVARD
r-uRiw : (P.B~123. PG.-~
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51~ i/.!':'" [ lJj
J LL- fI!ST AIeU I-
DATE SURVEYED: N A
DATE DRAWN: 1-26-2005
X REFERENCE: 040999
GEORGE A. SHIMP D
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
33(JI .DeSOt'O BOU.u~ SUIt'S .D
PAlK IlUUJOH, '~OIU/JA 31&83
PHONI (727) 78-1-5-198'0 (727') 78&-125&
E-W Cl Of SECnON 7-29-15 ""
-"-",__1
h
:~
/2
:~
/i
.15
/. ~
:Ii
/
CER1IFICA liON: I HEREBY CERlIFY TO 1HE BEST Of MY KNO\\t.EDCE AND BELIEF 1HA T
THE LEGAL DESCRIPlION AND SKETCH SHOVtM HEREON SUBSTAN1IALLY MEETS M
MINIMUl.llECHNICAL STANDARDS FOR lAND SlJRVEYlNG'DESCRmD IN THE STAlE (f
FLORIDA RULE 61G17, F.A.C. FURTHERMORE, THIS CERlIfICAlION SHAll NOT EXTOO TO
ANY OTHER PERSONS OR PARlIES OTHER THAN THOSE NAMED HEREOO AND SHAll NOT
BE VAUD AND BINDING AGAINST THE UNDERSIGNED SUR\f:YOO \\tTHOUT THE aDW.
RAISED SEAL AND S1GNAlURE OF THE FLORIDA UCENSED SURVEYOR AND IIAPPER.
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137
JOB NUMBER: 050079
DRAWING AlE: 050079.DWG
LAST RE\1S10N: N A
LB 1834
7 29 15 PINELlAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, flORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
A88REVIA TlONS
A = ARC LENGTH
Alc = AIR CONDI110NER
Af = AlUMINUM FENCE
ALUM = ALUMINUM
ASPH = ASPHALT
BFE = BASE FlOOO ElEVATION
BLDG = BUILDING
BLK = BLOCK
BM = BENCH MARK
BNDY = BOUNDARY
BRG = BEARING
B\\f = BARBED WIRE FENCE
C = CAlCULATED
CB = CHORD BEARING
CBS = CONCRETE BlOCK SlRUCTURE
CHD = CHORD
CL = CENTERUNE
ClF = CHAIN UNK FENCE
CLOS = CLOSURE
Cot = COlUMN
CONC = CONCRETE
CR = COUNTY ROAD
CiS = CONCRETE SlAB
COR = CORNER
COV = CO\{RED AREA
D = DEED
DOT = DEPARTMENT OF lRANSPORTATION
ORNG = DRAINAGE
D/W = DRIVEWAY
a OR ELEV = ELEVATION
EOP = EDGE OF P A \{MENT
EOW = EDGE Of WATER
ESM'T = EASEMENT
FCM = FOUND CONCRETE MONUMENT
FES = flARED END SECTION
AP = FOUND IRON PIPE
FlR = FOUND IRON ROD
Fl = flOW UNE
FlD = FlElD
FND = FOUND
FOP = FOUND OPEN PIPE
FPC = flORIDA poe CORP.
FPP = FlXlHD P1N<HD PIPE
fRU = FRAME
F2L = flOOD ZlH: UNE
GAR = GARAGE
G/E = GLASS ENCLOSURE
H\\f = HOG. WIRE ~CE
HI\\. = HIGH WATER UNE
INV = IN\{RT
LB = LAND SUR'EllNG BUSINESS
LFE = LO'AEST FlOIR ElEV
LHSU = LO'AEST HCRZONTAl SUPPORTING MEMBER
LS .. LAND SUR~
M = MEASURED
MAS = MASONRY
MES = MITERED 00 SECTION
MH = MANHOLE
MH\\t = MEAN HIGH WATER UNE
MSL = MEAN SEA LEVEl
N&B = NAR. AND BOTTlE CAP
N&:D = NAIl AND IlISJ(
NcleT = NAlL AND TAB
NGVD .. NATIONAl GEOOE1IC \(RTICAL DATUM
NO = NUMBER
OIA = O\{RALL
OHW = O\{RHEAD YllRE(S)
OR = OFFlClAL RECORDS
o IS = OFFSET
P = PLAT
PB = PLAT BOOK
PC = POINT OF CURII:
PCC = POINT OF CQY)OUND CUR\{
PCP = PERMANENT COllROL POINT
PG = PAGE
PK = PARKER KAlON
PL = PROPERTY UNE
POB = I'aNT OF BEQNNNG
POC = POINT Of <XMtENCEMENT
POL = POINT ON L.N:
PP=POUPOLE
PRe = PONT Of RE\(RSE CURVATURE
PRM .. PERMANENT REfERENCE MCHlIlEHT
PROP = PROPERTY
PSM = PROFESSIONAL SUR\{YOR cle. MAPPER
PT = POINT OF TANGENCY
PW'T = PA\{UENT
RAD = RADIUS
R = RECORD
REF = REFERENCE
RES = RESIDENCE
RL = RADiAl UNE
RLS .. REGISTERED LAND SUR\{YOR
RND = ROUND
RNG = RANGE
RRS .. RAIL ROAD SPIKE
R/W = RIGHT-Of-WAY
SCM = SET CONCRETE MONUMENT
S/E .. SCREENED ENCLOSURE
SEC = SECTION
SET NclcD = SET NAIL AND DISK RLSI 2512
SIR = SET 112" IRON ROD RLSI 2512
SQ = SQUARE
SRF = SPUT RAIL FENCE
SR = STATE ROAD
STY = STORY
SUB = SUBDIVISION
S/W = SIDEWALK
TB = "r BAR
TBM = TEMPORARY BENCH MARK
TC = TOP OF CURB
TOB = TOP OF BANK
T05 = TOE Of SlOPE
lRANS = lRANSFORMER
TWP = TOI'lWSHIP
Tl'P = mCAL
UG = UNDERGROUND
UTlL = UTIUTY
\\I) = WOOD
\\f = WOOD FENCE
W1F = \\ROUGHT IRON FENCE
WIT = WITNESS
I\Rf = WIRE FENCE
WV = WATER VAlVE
... ABBREVlA nONS MAY ALSO BE CONCATENATED AS REQUIRED.
... OlHER COMMONLY RECOGNIZED AND lOR ACCEPTED ABBREVlA nONS ARE AlSO unUZED BUT NOT SPECIFIED HEREON.
SHEET 3 OF 3
CERTlACAllON: I HEREBY CERTIFY TO THE BEST OF MY ~ AND IIDH'THAT
THE LEGAl DESCRIPllON AND SKETCH SHOIm HEREON SUBSTAN1IAlL Y t.IEETS 1HE
MINIMUM TECHNICAL STANDARDS FOR LAND SUR~ DEsamm IN 1HE STATE Of
flORIDA RULE 61G17, r.A.c. FURTHERMORE, lHIS CER1JICA1K>>f SHAll NOT EX1END TO
ANY OTHER PERSONS OR PARTIES OlHER THAN THOSE NAMED HEREON AND SHAll NOT
BE VAUD AND BINDING AGAINST THE lNIERSlGNED SlJIMYm I1THOUT THE <RGtIAI.
RAISED SEAL AND SIGNATURE OF THE FlallDA lKINSED SUR~ At<<) MAPPER.
JOB NUMBER: 050079 DATE SURVEYED: N/A
DRA'MNG FIlE: 050079.DWG DATE DRAWN: 1-26-2005
LAST REVISION: NIA X REFERENCE: 040999
....~.... GEORGE A. SH1JlP n
r I. 'AND ASSOCIATES, INCORPORATED
\. I-.J LAND SURVEYORS LAND PLANNERS
.......... 3301 IJeSOro BOUU1'ARIJ, SUI7'K D
PAkII HDl/J0H, Ji'ZORIIJA 34883
LB 1834 PROSS (727) 784-5498 Ji'D (727) 788-1258
GEORGE A. SHIMP III, PR<HSSJONAl SURVEYOR & MAPPER No. 6137
EXHIBIT I
[Intentionally Blank]
EXHIBIT J
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
Timothy A. Johnson, Jr., Esquire
911 Chestnut Street
Clearwater, Florida 33757
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of
, 2004 by K & P Clearwater Estate, LLC, a Florida limited liability company
("Developer") .
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule A
attached hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that
certain Development Agreement dated , 2004 (the "Development Agreement"),
pursuant to which the City has agreed that Developer may develop and construct upon the Real
Property a multi-use project as described in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as
more particularly described in this Agreement.
NOW, THEREFORE, in consideration ofthe sum ofTen Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does
hereby agree that, effective as of the date on which Developer receives all permits required to
construct the Project and Developer commences construction thereof, as evidenced by a Notice of
Commencement for the Project, the Real Property shall be developed and operated as a unified
mixed-use project as a single destination resort hotel and Residential Condominium project, as
described in the Development Agreement. The restrictions set forth in the preceding sentence shall
expire automatically when and if Developer's allocation of Additional Hotel Units (as defined in the
Development Agreement) expires or is terminated. Nothing in this Agreement shall require
Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise
convey its right in and to the Real Property or any portion or portions thereof to unrelated third-
parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more
Residential Units to be constructed as a part of the Project (the "Residential Condominiums") (or
Hotel Units (as defined in the Development Agreement) if sold in a condominium form of
ownership), to separate, unrelated third parties, provided that such Residential Condominiums or
Hotel Units are operated and occupied as part ofthe Project as a single unified project throughout the
term ofthis Agreement. Developer agrees that the City shall have the right to enforce the terms and
conditions of this Agreement.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _ day
of ,2004.
K & P Clearwater Estate, LLC
Witness:
BY:
Dr. Kiran C. Patel as Managing
Member ofK & P Holdings, L.c.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSH~,AFLORlD
A LIMITED P ARTNERSH~,
Managing Member of K & P
Clearwater Estate, LLC.
State of Florida
County of Pinellas
)
)
The foregoing instrument was acknowledged before me this day of ,2004,
by Kiran C. Patel as Managing Member ofK & P Holding, L.C., a Florida limited liability company,
general partner of K & P Partners Limited Partnership, a Florida limited partnership, as Managing
Member of K & P Clearwater Estate, LLC, a Florida limited liability corporation, on behalf of the
corporation, who is personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT K
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), is made and entered into this _day of
,2005, by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation ("Licensor"), and K & P Clearwater Estate, LLC, a Florida limited
liability company ("Licensee"):
WITNESSETH:
WHEREAS, Licensor is the owner of fee simple title to that property described in Exhibit
A ("Licensor's Property");
WHEREAS, Licensee is the owner of fee simple title to that property described in Exhibit
B, together with all improvements thereon ("Licensee's Property") and, pursuant to that
Development Agreement dated , 2005, between Licensor and Licensee
(the "Development Agreement") is the developer of a mixed use resort project on
Clearwater Beach including three hundred and fifty (350) hotel rooms and seventy-five
(75) Residential Units, together with related parking and accessory uses, as described in
the Development Agreement ("Licensee's Resort");
WHEREAS, in conjunction with the construction of Licensee's Resort, Licensee intends
to construct an elevated bridge ("Bridge") for beach access between a portion of
Licensor's Property located on Clearwater Beach ("Licensor's Parcel 1") and that portion
of Licensor's Property constituting ground-level public pedestrian space immediately
contiguous to the Licensee's Resort ("Licensor's Parcel 2"), as well as access to
Licensee's Resort itself, all as shown in Exhibit C;
WHEREAS, the Bridge will be dedicated to the public;
WHEREAS, the City has determined that it is in the best interests of the residents of the
City of Clearwater to allow Licensee to construct, use, maintain and operate the Bridge;
WHEREAS, the Licensor is willing to grant a license to Licensee to construct, maintain,
use and operate the Bridge for the purposes stated in this Agreement.
NOW, THEREFORE IT IS MUTUALLY AGREED, AS FOLLOWS:
1. Licenses Granted.
(a) Licensor hereby grants to Licensee (1) a non-exclusive license to use the
Bridge, (2) an exclusive license to construct, operate and maintain the Bridge on the
terms set forth in this Agreement, and (3) an exclusive license to use the air space above
those lands owned by the City for construction and maintenance of the Bridge, which
Bridge will pass through that air space between a portion of licensor's Parcel 1 and
Licensor's Parcel 2.
(b) licensee hereby grants to licensor an exclusive license for support for the
Bridge by those sections where the Bridge attaches, adheres to or adjoins Licensee's
Resort where depicted on Exhibit D ("Cross-License").
Nothing in this Agreement shall be interpreted as a grant of property to licensor or
Licensee, and no public easement or prescriptive easement shall be created by or in
connection with the uses described in this Agreement.
2. Term. The initial term of the License is fifty (50) years, beginning upon
commencement of construction of the Bridge (as evidenced by a written instrument
executed by licensor and licensee), and ending on the same day, fifty (50) years
thereafter, unless terminated pursuant to Paragraph 3 of this Agreement
3. Termination.
(a) This license Agreement may be terminated by the licensor at any time,
ninety (90) days after providing licensee written notice that the Bridge is not being
maintained or operated in accordance with the requirements of this Agreement
("licensor's Notice of Default"). The Licensor's Notice of Default shall specify each and
every way in which the Licensee has failed to maintain or operate the Bridge in
accordance with the requirements of this Agreement ("licensee Defaults"), and the
Licensee shall have ninety (90) days in which to reasonably cure the Licensee Defaults.
If licensee cures the valid licensee Defaults, then licensor's Notice of Default shall be
rendered null and void.
(b) licensee may terminate this Agreement for cause at any time, ninety (90)
days after providing licensor written notice that the Licensor is not in compliance with
this Agreement. ("licensee's Notice of Default"). The licensee's Notice of Default shall
specify each and every way in which the Licensor has failed comply with the
requirements of this Agreement ("licensor Defaults"), and the licensor shall have ninety
(90) days in which to reasonably cure the licensor Defaults. If licensor cures the valid
licensor Defaults, then licensee's Notice of Default shall be rendered null and void. In
addition, licensee may terminate this agreement without cause ninety (90) days after
providing licensor written notice of termination.
(c) In the event of termination of this Agreement by licensor for default by
licensee, or by Licensee without cause, licensee, at licensee's expense, shall detach
and remove the Bridge and shall support the Bridge solely on property owned by
licensor. Such removal must be accomplished in a good and workmanlike manner and
must not impair the structural integrity of the Bridge
(d) In the event of termination of this Agreement for default by Licensor,
Licensor at Licensor's expense, shall detach and remove the Bridge from Licensee's
Property and shall promptly restore the portions of Licensee's Property that are affected
by such removal in a good and workman like manner to a structurally sound and
watertight condition and finished with materials to be consistent in appearance and
specifications with the immediately adjacent portions of Licensee's Property.
4. Construction. Use. Operation and Maintenance.
a. Construction and Use. Licensee ~hall construct the Bridge in accordance
with plans approved by the Licensor, and upon completion, shall dedicate the
Bridge to the Licensor. The pedestrian Bridge shall have an elevator on both the
east and west sides of the bridge. The elevators shall be accessible from public
property. Following completion, except for necessary repairs and maintenance,
the Bridge shall be used strictly for pedestrian access to and from that portion of
Licensor's Parcel 1 on which the Bridge is located, Licensor's Parcel 2 and
Licensee's Resort, provided, however, that nothing in this Agreement shall require
Licensee to grant to the general public ingress or other access to Licensee's
Resort from the Bridge or otherwise.
b. Operation and Maintenance. Licensee shall use reasonable efforts, at
Licensee's expense, to operate and maintain the Bridge in structurally sound and
reasonably clean condition, free of debris, obstructions, and nuisances, including,
without limitation, loud noises and noxious odors, as well as panhandlers, loiterers
and business solicitors, but excepting, however, (i) ordinary wear and tear and (ii)
damage or destruction as a result of force majeure or other risks where the cost to
Licensee of repair or replacement exceeds the amount of insurance or other
proceeds received by Licensee-to effect such repair or replacement, and (iii)
modifications to the Bridge voluntarily made, directed or caused by Licensor. In
this connection, the Licensee shall have the right, but not the obligation to exclude
or remove from the Bridge any persons or items which could interfere with the
Licensee's operations and maintenance obligations set forth in this subparagraph
(c). The foregoing shall not be interpreted as a limitation upon the Licensor's
police powers or its obligations to maintain public safety.
5. Insurance. In connection with the Bridge, the Licensee shall maintain:
(a) comprehensive general liability insurance for loss from an accident resulting in
bodily injury to or death of persons, where during the first three (3) years of the Term, the
Licensee shall maintain coverage with coverage limits of not less than $ in the
aggregate and $ per occurrence and a coverage limitation of $ for
loss from an accident resulting in damage to or destruction of property. Thereafter, the
Licensee or shall increase such coverage limits from time to time throughout the Term of
this Agreement, as reasonably determined on an annual basis by the Licensor. The
Licensee shall designate the Licensor as an additional insured under such insurance
policies and shall promptly deliver to the Licensor certificates evidencing that Licensor
has been so designated; and
(b) casualty insurance, insuring the Licensor and the Licensee, as their interests
may appear, against loss or damage by fire and other risks from time to time included
under "all risks" policies, in the amount of the full replacement cost of the improvements
that constitute the Bridge as of the Commencement Date and all subsequent alterations,
additions, decorations, and improvements to the Bridge and any and all furniture, fixtures
and equipment located therein or thereon.
6. Hours of Operation. The Bridge shall be open at normal periods of beach use by the
general public at Clearwater Beach. Additionally, any time the Bridge is open to
Licensee's patrons or guests, it shall be open to the public.
7. Use of the Bridoe. The Bridge shall be used for pedestrian access to and from the
beach from the east side of the Relocated South Gulfview. Licensee hereby covenants
and agrees to make no unlawful, improper, or offensive use of the Bridge.
8. Assionment. The Licensee shall be permitted to convey, assign, or transfer this
Agreement, in whole or in part on the same basis as the Licensee is permitted to convey,
assign or transfer the Licensee's rights under the Development Agreement.
9. Destruction of Facility. In the event that the Bridge is destroyed by whatever means,
neither Licensor nor Licensee shall be required to rebuild the Bridge. If Licensee elects
to rebuild, the Bridge shall be rebuilt in accordance with the original plans and
specifications. In the event that the Licensee does not elect to rebuild the Bridge, this
License this Agreement shall terminate.
11. Incorporation. All of the recitals set forth in and all exhibits and schedules attached
to this Agreement are hereby incorporated into and made part of this Agreement by this
reference.
Attest:
THE CITY FLORIDA OF
CLEARWATER, FLORIDA
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this
2005, by
, Mayor and
Clearwater, Florida, on behalf of the City.
day of
and
City Clerk, respectively, for the City of
By
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
Attest:
K & P Clearwater Estate, LLC
By:
Print Name:
By: K & P Partners Limited Partnership,
a Florida limited partnership
By: K & P Holding, L.C., a Florida
limited liability company, its
its general partner
Print Title:
By:
Managing Member
Its Managing Member
State of Florida )
County of Pinellas )
The foregoing instrument was acknowledged before me this day of
,2005, by Kiran C. Patel as Managing Member of K & P Holding,
L.C., a Florida limited liability company, general partner of K & P Partners Limited
Partnership, a Florida limited partnership, as Managing Member of K & P Clearwater
Estate, LLC, a Florida limited liability corporation, on behalf of the corporation, who is
personally known to me or who produced as
identification.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
EXHIBIT A
LICENSOR'S PROPERTY
Licensor's Property consists of the following:
1. Licensor's Parcell [the area in which the western (beach side) landing of the Bridge
will be located]
2. Licensor's Parcel 2 [the area encompassing the eastern (land side landing) of the
Bridge]
3. The land, including, without limitation, air rights and subsurface rights, between that
portion of Licensor's Parcell on which the Bridge is located and Licensor's Parcel 2..
EXHIBIT B
LICENSEE'S PROPERTY
Parcel I:
Lot 1, Blo~k n;,.", COLUMBIA SUBDIVISION, Qccording to plat there.;)f
recorded in pht B90k 23.PlJ.9Et 60, Public Records or Pinslltls
county,FlClTtda,tcgClthor with tho Yf\.(:QL.;rd Scuthe.rlyl foot of
Gulf '.J'i,eK nQ\\levtl.;t"d adjtllcent to:1l!l.id Lot 1 , and t;hli Vd.ca.tod
wa2tQrly 1 foot of Coronado Oriv~ ~djACQnt to ::c.ir::! ):,bL 1, !'raid
vllcat:.l!!d ;::o:rt.iottu baing shown by R0l901 u'tlon f t If',ld Novu:trbol' 21,
1959,in a.R. nook 757, Pag9 40, Public Records of Pinella9
C:o"pty, F16t'!.da., a.nd also Lot" 44, 45, 46, 4'7, ~a, 91~9~, 93. 94
95, 96 I and 91, 'I'H~ L):.OYD.. WEUTE~SKINNER SUBDl v IS .fON, accordi n9 to
pht thuraof recor-d.ed inPl.at Book 13, Ptl..9G~ 12 and 13. public
Records of PinG 1 h!'1 C9unly, pIOI ida. tOl1etner with thl'i vaol). ttff,j
Westerly 1.8t) fE:~~ of co.on....do Driv~ C.djbccilttO Sl'l.;r3 r..ot 93.
Parcel II:
Lots 49, 49# SO, 51, 52 and 98, 'l'he Lloyd-White-Skinner
Subdivision, aocording to the map or plat thereof as
t'\J:'ecorded in Plat Book 13, Page 121 Public Records of
Pinellas County, Florida.
Pm'cel n I :
Lot 55, I'~o:r\:h ~lO feet of Lot 56, South 20 feet of Lot 101.,&lJ.
elf Lot: 102, andthE~ Harth 30 feel; of Lot 103, LLOYDnNlIITE-
SlC:N1iER 5UBIJJ.y.u:ilUN, according to the map or plat thereof a~;
recorded it: Plat Bool~ 13, pages 12 and 13, publicreconht or
r- im~llag County, Florida.
Lots 53, S4, SID, 100 OInd the No!'tllG:.Y.'J.y JO J:eot. ot: Lot: 10.\.,
Ll.o'ln-I'lHITE-SKINNER SUBDIVISIOn, according to the map or pl~,t.
t.b~.t'(.!Dr- 219 recordeD in Plr::t Book J.3, p:1gefJt./. i:md.l.1, pub;:'.!":
.,..(.~:--'t'cl~ C'f' r:>:i n~J.J,,~ ('ounty, F1D:ri nil.
EXHIBIT B
Page 1 of 3
TOGETHER \'HTH:
LEGAL DESCRIPOON
A PARCEl OF lAND BEING A PART OF GOlf ~EW BOUlEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDI~SION,
ACCORDING TO THE PLAT THEREOf, AS RECORDED IN PlAT BOOK 23, PAGE 60, Of THE PUBUC RECORDS or PINlliAS
COUNTY, flORIDA, AND BEING A PART OF SAID GUlf ~EW BOULEVARD AND ARST AVENUE. AS DEPICTED ON THE
PlAT OF LlO'tO-Y4iITE-SKINNER SUBDMSlON, ACCORDING TO PlAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES
12 AND 13, OF THE PUBUC RECORDS Of PINaJ.AS COUNTY, flORIDA, ALll'c1NG IN THE EAST 1/2 Of SECTION 7,
TOWNSHIP 29 SOUlH, RANGE 15 EAST, AND THE VBT 1/2 OF SECnON 8, TOWNSHIP 29 SOUlH, RANGE 15 EAST,
PINEllAS COUNTY, flORIDA, BEING MORE P ARnCULARl Y DESCRIBED AS FOllOWS:
BEGINNING AT THE NORlH\\fST CORNER OF lOT <<, Of SAID LlOID-Y4iITE-Sl<JNNER SUBOI\1SlON; THENCE
5.05"32'3O-W. AlONG THE EAST RIGHT-OF-WAY OF GUlf ~EW BOUlEVARD, A DISTANCE Of 90.06 FEET; lHENCE
S.84"27'JO-E. ALONG THE NORlH RIGU-Of-WAY OF ARST A'lmUE, A DISTANCE OF 192.00 FEET; lHENCE
5.05'32'3O-W., A DISTANCE OF 59.91 FEET; THENCE N.84"29'08-W. AlONG 1HE SOUTH RIGHT-OF-WAY OF SAID ARST
A'lmUE. A DISTANCE Of 192.00 FEET; THENCE S.05-,14'08-W. AlOOG AFOOESAID EAST RIGHT-OF-WAY Of GUlf VIEW
BOULEVARD, A DISTANCE OF 154.95 FEET; THENCES.05"31'2tW. ALONG SAID EAST RlGHT-,.(F-WAY OF GUlF VIEW
BOULEVARD, A DISTANCE OF 160.05 FEET; THENCE N.84"2t3O-W., A DCSTANCE or 34.98 FEET; THENCE N.05"32'JO-E.
AlONG THECENlERUNE OF SAID GUlf ~EW BOUlEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41"28'18-E., A
DISTANCE or 16.55 fEET; lHENCE S.05"29'4O-W., A DISTANCE OF 0.58 FEET; THENCE S.84"30'20-E., A DISTANCE OF
6.00 FEET; THENCE N.05"29'40"E.. A DISTANCE OF 18.97 FEET; lHENCE CONTINUE N.05"29'4Q-E., A DISTANCE or 1.03
FEET; THENCE N.41"OO'13-W., A DISTANCE or 17.95 FEET; THENCE N.48"31'JrE., A DISTANCE OF 14.15 FEET; lHENCE
N.90'OQ'oo-E., A DISTANCE OF 34~32 FEET TO A POINT or NON-TANGENT CUR'v[; THENCE SOUTHVtf:STERlY AlONG
AFORESAID EAST RIGHT-or-WAYor GUlf VIEW BOUlEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS Of
34.00 FEET, AN ARC OF 26.87 FEET, A CHORD Of 26.18 FEET AND A CHORD BEARING Of S.2811'29.W.; THENCE
5.05'32'3O.W. AlONG SAID EAST RIGHT-OF-WAY OF GUlf 0 BOUlEVARD, A DISTANCE OF 0.88 FEET; lHENCE
N.90'OQ'oo-W. ALONG THE NORTH BOUNDARY or AFORESAID lOT <<, A DISTANCE OF 3.82 FEET TO lHE POINT Of
BEGINNING.
CONTAINING 28,198.76 SQUARE FEET OR 0.6474 ACRES, MoRE OR LEss.
LEGAL DESCRIPTION
A PARm OF lAND BEING A PART OF GUlf ~EW BOUlEVARD, AS DEPICTED ON lHE PLAT OF COlUMBIA
SUBDIVISION, ACCORDING TO 1HE PlAT THEREOF, AS RECORDED IN PlAT BOOK 23, PAGE 60, OF THE
PUBUC RECOOOS or PINffi.AS COUNTY, flORIDA, LYING IN THE EAST 1/2 or SECTI~ 7, TOWNSHIP 29
SOUTH, RANGE 15 EAST, AND THE. \'EST 1/2 OF SECl10N 8. TOWNSHIP 29 SOUlH, RANGE 15 EAST,
PINBl.AS COUNTY, flORIDA, BEING MORE PARlICUlARlY DESCRIBED AS FOlLOWS:
COMMENCING AT THE NOR'JH1A[ST COONER Of lOT <<, or LlOYD-YHlE-SKJNNER SUBOI~SION
ACCOOOtNG TO.1HE PLAT lHEREor, AS REC(R)[() IN PlAT BOOK 13, PAGES 12 AND 13, or iHE PUBUC
RECORDS Of PINEllAS COUNTY, nOOlOA; THENCE N.90"OO'oo.E. AlONG 1HE NORlH BOONDARY Of SAID
lOT 44, A DISTANCE or 3.82 FEET; llENCE N.05"32'J(tE. AlONG 1HE EASTERlY RlGfT-()f-WA Y Of
AfOOESAlD GUlf VIEW BOOlEVARD, A DISTANCE or 0.88 FEET TO A PaNT or CURVE; rnENCE
NORlHEASTERlY AlOOG SAID EASlERlY RIGHT-or-WAY ()f GUlF VIEW BOUlEVARD ~G A CURVE TO
lHE RIGHT HA'mG A RADIUS Of 34.00 FEET, AN AAC or 26.87 FEET, A CHORD OF 26.18 FEET AND A
CHORD BEARING (f N.2811'29.E. TO 1HE POINT or BEaNNING; THENCE N.901JQ'OO"W.. A DISTANCE OF
29.08 FEET TO A PaNT OF NON-TANGENT aJRVE; lHENCE NORTHEASTERlY AlONG A CURvt: TO THE
RIGHT HAVING A RADIUS or 112.00 FEET, AN ARC or 102.51 FEET, A CHORD OF 98.97 FEET AND A
CHORD 8EARlNG(f N.6J"52'46-E.; lHENCES.89'54'OO"E., AD/STANCE or 79.18 FEET TO A POINT Of
CUR'v[; .1HENCE SOOlHEASTERlY AlONG A CUR~ TO 1HE RIGHT HAVING A RADIUS OF 40.00 FEET, AN
ARC OF 61.30 FEET, A CHORD OF 55.47 FEET AND A CHORD BEARING Of $.45"59'54.[, TO A POINT OF
NON-TANGENT CURVE; THENCE Vtf:STERlY AlONG THE SOOlHERlY RIGHT-OF-WAY OF AFORESAID GUlf
VIEW BOUlEVARD, BEING A CURVE TO THE lEFT HAW<<; A RADftJS or 28.66 FEET, AN ARC OF 11.98
FEET, A CHORD or 11.89 FEET AND A CHORD BEARING OF N.7T55'43-W.; lHENCE N.89"54'OO.W. AlONG
SAID SOUTHERlY RIGHT-or-WAY Of GUlf VIEW BOUlEVARD, A DISTANCE Of 145.71 FEET TO A POINT OF
CURVE; lHENCE \\ESTERlY AlONG SAID SOUrnERLY RIGHT-OF-WAY OF GUlf VIEW BOUlEVARD BEING A
CURVE TO 1HE LEfT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD Of 22.84 FEET
AND A CHORD -BEARING OF S.70"214rW. TO lHE POINT OF BEGINNING.
CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS.
n -'.-_ '\ ,.,..C """l
LESS AND EXCEPT:
LEGAL DESCRIPTION
PARCEL 'c'
The easterly 18 feet of Lot 93; TOGETHER WITH the westerly 1 - foot of the right of
way of Coronado Drive abutting lot 93, LLOYD-WHITE-SKINNER SUBDIVISION as
recorded in Plat Book 13, page 12, public records of Pinellas County, Florida;
TOGETHER WITH the westerly 1 foot of the platted right or way of Gulfview
Boulevard as shown on the plat of CITY PARK SUBDIVISION as recorded in Plat
Book 23, page 37, public records of Pinellas County, Florida, and being further
described in in OR. Book 770, page 40, public records of Pinellas County, Florida;
TOGETHER WITH a portion of Lot 1, Block A, COLUMBIA SUBDIVISION as recorded in
Plat Book 23, page 60, public records of Pinellas County, Florida, all of the above
being further described as follows:
Beginning at the southeast corner of lot 93, LLOYD-WHITE-SK/NNER SUBDIVISION,
thence N84'27'30"W along the southerly boundary of Lot 93 a distance of 18.00
feet; thence N05'32'30"E along a line 18 feet westerly from and parallel with the
platted right of way line of Coronado Drive (a 60 foot right of way) as shown on
the plat of LLOYD-WHITE-SK/NNER SUBDIVISION a distance of 135.05 feet; thence
5.24 feet along the arc of a curve to the left having a radius of 40.00 feet, and
a chord bearing N01"47'28"E, 5.23 feet to a point of intersection with the
southerly right of way line of Gu/fview Boulevard as described in O.R. Book 770,
page 40, public records of Pinel/as County, Florida; thence easterly and southerly
along said right of way line for the following four (4) courses: 1) 35.53 feet along
the arc of a non-tangent curve to the right having a radius of 28.66 feet. and a
chord bearing S29'58'20"E, 33.30 feet; 2) S05'32'30"W, 2.63 feet to the southerly
boundary of CITY PARK SUBDIVISION; 3) S05'32'30"W, 110.54 feet; 4) N84'27'30"W,
1.00 feet to the POINT OF BEGINNING.
Containing 2,524:1:: square feet, or 0.058:!: acres.
LEGAL DESCRIPTION
PARCEL '0'
f t f L t 97 98 99 100, and 101;
The easterly 18.0 ee. ~ I o1s8 0 'feet' of Lot 102 LESS the southerly 30.0 feet
TthOGETHf ERLL~~6H_0~~T~~~~t~it~ER . SUBDIVISION as recorded in Plat Book 13, page 12,
ereo , . FI'd
ublic records of Pinellas County, on a.
tONTAINING 5,670:1:: SQUARE FEET, OR 0.130:1:: ACRES.
LEGAL DESCRIPTION
PARCEL 'f'
The southerly 20.0 fee;60f L~t 1 ~~; LESS The southerly 20.0 feet thereof;
TOGETHER WITH Lots an 102 LLOYD WHITE -SKINNER
TOGETHER WITH the south~rIYp. ,30t .OB feke\ ~f pL~gt e 12' public -records of Pinellas
SUBDIVISION as recorded In a 00 '. '
County, Florida. RES
CONTAINING 12.600:1: SQUARE FEET, OR 0.289:1: AC .
p",..,." < .--r <
EXHIBIT C
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EXHIBIT L
LAND EXCHANGE AGREEMENT
CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS CONTRACT is made and entered into as of the day of
2004, by and between the CITY OF CLEARWATER, FLORIDA, a municipality, hereinafter referred
to as the "City," and K & P CLEARWATER EST ATE, LLC, a Florida limited liability company (the
"Owner") for the exchange of properties in Clearwater, Florida, as described herein.
The parties hereto agree as follows:
1. Exchane:e of Property. The City shall convey to the Owner title to certain real
property referred to as "Parcell" which is described in Exhibit A to this contract. The Owner shall
convey to the City title to certain real property referred to as "Parcel 2" which is described in Exhibit
B to this contract. The conveyance of Parcel 1 shall constitute full consideration for the conveyance
of Parcel 2. The conveyance of Parcel 2 shall constitute full consideration for the conveyance of
Parcel 1.
2. Definitions. In this contract, "Seller" shall mean the City with respect to Parcell and
the Owner with respect to Parcel 2. "Purchaser" shall mean the Owner with respect to Parcell and
the City with respect to Parcel 2. These terms are used for convenience and do not imply the payment
of any compensation other than conveyance of real property in exchange for real property.
3. Lee:al Descriptions. Legal descriptions ofthe properties being exchanged between
the parties are as follows:
a. Parcel I - See Exhibit A attached;
b. Parcel 2 - See Exhibit B attached.
4. Purchase Price. It is mutually agreed that the transfer of Parcel 1 by the City to
the Owner and the transfer of Parcel 2 by the Owner to the City shall constitute the full and sufficient
consideration for the exchange of the parcels.
5. Contine:encies. The exchange proposed in this contract shall be contingent upon
(1) the final approval by the governing council of the City (the "Council") of a development
agreement which governs the proposed redevelopment (the "Development Agreement"), (2) the City's
issuance of a vacating ordinance for Parcell, and (3) the issuance of the first foundation permit for
the Project to the Owner pursuant to Development Agreement.
6. Closine: Date" The real property exchange transaction described in this contract shall
be closed and the deeds and other closing papers delivered following the effective date ofthe vacating
ordinance for Parcell and within ten (10) days following the issuance of the first building permit for
the Proj ect as defined in the Development Agreement.
7. Title Evidence. As a condition of closing, the Owner shall order and provide at
its own expense a commitment for title insurance in the amount ofthe appraised value of Parcel 1 as
determined by a duly licensed independent appraiser, which commitment shall show a marketable fee
simple title in the name of the City as to Parcell subject to only Permitted Exceptions (defined
below). The Owner shall have ten (10) days after delivery of said commitment for the examination
thereof, and within said period shall notify the City in writing of any objections to said title. If this
notification is not given within said time period, then said title shall be conclusively deemed to be
acceptable to the Owner. In the event that the title to Parcell is not good and marketable or is subject
to other than Permitted Exceptions, the City shall have ten (10) days thereafter to perfect the title. If
the defects are not cured within such time, then the Owner may cancel this contract or waive the
defects and accept the property without deduction on account of said defects. An owner's title
insurance policy shall be issued insuring Owner as the owner of Parcel 1 within a reasonable period of
time following closing.
Also as a condition of closing, the Owner shall order and provide at its own expense a
commitment for title insurance in the amount of the value ofParce12 as determined by a duly licensed
independent appraiser, which commitment shall show a marketable fee simple title in the name ofthe
Owner as to Parcel 2 subj ect to Permitted Exceptions. The City shall have ten (10) days after delivery
of said commitment for the examination thereof, and within said period shall notify the Owner in
writing of any objections to said title. If this notification is not given within said time period, then
said title shall be conclusively deemed to be acceptable to the City. In the event that the title to Parcel
1 is not good and marketable or subject to other than Permitted Exceptions, the Owner shall have ten
(10) days thereafter to perfect the title. If the defects are not cured within such time, then the City
may cancel this contract or waive the defects and accept the property without deduction on account of
said defects. An owner's title insurance policy insuring the City as owner of Parcel 2 will be issued to
the City within a reasonable period oftime after closing. The owner's title insurance policy naming
the City as owner shall be underwritten by a title insurance company reasonably acceptable to the
City.
8. Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject
to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character
other than the following permitted exceptions:
a. Zoning ordinances and land use regulations;
b. Any easements, restrictions, or other matters that appear in the commitment
and/or survey (excluding standard exceptions) which are not objectionable exceptions;
.
c. Any adverse ownership claim by the State of Florida by right of sovereignty to
any portion ofthe lands insured hereunder, including submerged, filled and artificially exposed lands,
and lands accreted to such lands;
d. Any agreements between the parties that are part of this
contract; and
e. Any standard exceptions not previously mentioned which are
not capable of deletion.
9. Survey. As a condition of the real property exchange closings described herein, a
registered Florida land surveyor shall survey each of the parcels. The costs thereof shall be borne by
the Owner as to both Parcel 1 and Parcel 2.
10. Closinl!s and Possession. The real property exchange closings described in this
Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in
possession of that parcel transferred to said transferee.
11. Property Taxes. To the extent any property taxes are assessed, all property taxes shall
be prorated at closing to reflect ownership of the respective parcels as of the closing date.
12. Closinl! Costs. The Owner shall pay the following closing costs and expenses in
connection with the closing:
a. All documentary stamps in connection with the conveyance of the property;
b. The premium and all search fees payable for the owner's policies of title
insurance for both parties;
c. Recording fees in connection with those instruments necessary to render title
acceptable to the Purchaser; and
d. Owner's costs of document preparation and its attorneys' fees.
The City shall pay its costs of document preparation and its attorneys' fees.
14. Risk of Loss. The risk of loss or damage to the parcel to be conveyed by fire or
otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the
parcel to be conveyed and to deliver said parcel to the Purchaser in the same condition as when the
contract was executed, ordinary wear and tear excepted.
15. Assil!nability. This contract may be assigned in the same manner as allowed in the
Development Agreement.
16. No Brokers. Each party affirmatively represents to the other party that no brokers
have been involved in this transaction and that no broker is entitled to payment of a real estate
commission because of this transaction.
17. Notices. All notices which are required or permitted hereunder must be in writing and
shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack of
actual receipt by the addressee): (i) three (3) business days after having been deposited in the United
States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid; or
(ii) one (1) business day after having been deposited with an expedited, overnight courier service
(such as by way of example but not limitation, U.S. Express Mail or Federal Express), addressed to
the party to whom notice is intended to be given at the address set forth below with all delivery fees
prepaid:
As to Owner:
K & P Clearwater Estate
Attn: Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, Florida 33609
With a copy to:
Timothy A. Johnson, Jr., Esq.
911 Chestnut Street
Clearwater, FL 33757
As to City:
William B. Home II
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin
City Attorney
Post Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the other party
written notice of any such change in the manner provided in this paragraph, but notice of change of
address is effective only upon receipt.
18. Entire Contract. This contract and the exhibits referenced herein embodies and
constitutes the entire understanding among the parties with respect to the real property exchange
transaction contemplated herein and all prior or contemporaneous agreements, understanding,
representations and statements, oral or written, are merged into this contract. Neither this contract nor
any provisions hereof may be waived, modified, amended, discharged or terminated except by an
instrument in writing signed by the party against which the enforcement of such waiver, modification,
amendment, discharge or termination is sought, and then only to the extent set forth in such
instrument.
19.
of Florida.
Applicable Law. This contract is construed in accordance with the laws ofthe State
20. Headine:s. Descriptive headings are for convenience only and shall not control or
affect the meaning or construction of any provision of this contract.
21. Bindine: Effect. This contract shall be binding upon and shall inure to the benefit of
the parties hereto and their heirs, personal representatives and successors by law.
22. Interpretation. Whenever the context hereof shall so require, the singular shall
include the plural, the male gender shall include the female gender and neuter and vice versa. This
contract and any related instruments shall not be construed more strictly against one party than against
the other by virtue of the fact that initial drafts were made and prepared by counsel for one of the
parties, it being recognized that this contract and any related instruments are the product of extensive
negotiations between the parties and that both parties have contributed substantially and materially to
the final preparation of this contract and all related instruments.
24. Other Ae:reements. No prior or present agreements or representations shall be
binding upon either party unless included in this contract or in the Development Agreement. No
modification or change in this contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties to be bound thereby.
25. No Partnership, Etc". Nothing in this contract shall be construed to constitute the
creation of a partnership or joint venture between the parties.
26. Counterparts" This Agreement may be executed in several counterparts, each
constituting a duplicate original, but all such counterparts constituting one and the same Agreement.
Countersigned:
lJ.-t::::::: ~P#l~O
Mayor-Commissioner
Approved as to form:
Jlfk.
Pamela K. Akm
City Attorney
Witness: ~ ghA<LII /
CITY:
CITY~WAT~RIDA
By: ,g, '"+[
William B. Home, II
City Manager
Attest:
OWNER:
BY:
Dr. Kir C. Patel a
Mem r of Holdings, L.C.,
Ge artner ofK & P
TNERS LIMITED
PARTNERSHIP, A FLORID
A LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC.
SECTION . 7.~ ~ . , TOWNSHIP . . ~~ . . SOUTH, RANGE . . ~~ . . EAST, . . . . . ~I~E.~~. . . . . " COUNTY, flORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIPTION - (PARCEL 1)
A PARCEL OF LAND BEING A PART ~ GULF VIEW BOULEVARD, AS DEPICTED ON lHE PLAT OF COlUMBIA
SUBDMSION, ACCORDING TO THE PLAT THERECf, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF lliE
PUBUC RECORDS OF PINELlAS COUNlY, FLORIDA. LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29
SOUTH, RANGE 15 EAST, AND THE ~ST 1/2 OF SECllON 8, TOWNSHIP 29 SOUlH, RANGE 15 EAST,
PINELlAS COUNlY, FLORIDA, BEING MORE PARllCUlARLY DESCRIBED AS FOLLOWS:
COMMENONG AT THE NORTHWEST CORNER OF LOT #, Of LLOYD-WHITE-SKINNER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF lHE PUBUC
RECORDS OF PINELlAS COUNTY, FLORIDA; THENCE N.90-OO'OO.E. ALONG lHE NORTH BOUNDARY OF SAID
LOT #, A DISTANCE Of 3.82 FEET; THENCE N.05"32'3O.E. ALONG THE EASTERLY RIGHT-Of-WAY OF
AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO A POINT OF CURVE; THENCE
NORTHEASTERLY ALONG SAID EASTERLY RIGHT-Of-WAY Of GULF VIEW BOULEVARD BEING A CURVE TO
THE RIGHT HAVING A RADIUS Of 34.00 FEET, AN ARC Of 26.87 FEET, A CHORD OF 26.18 FEET AND A
CHORD BEARING OF N.2811'29.E. TO lHE POINT Of BEGINNING; lHENCE N.90-OO'oo.W., A DISTANCE Of
29.08 FEET TO A POINT Of NON-TANGENT CURVE; THENCE NORlHEASTERL Y ALONG A CURVE TO lllE
RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC Of 102.51 FEET, A CHORD OF 98.97 FEET AND A
CHORD BEARING Of N.63"52'46.E.; THENCE S.89'54'OO.E., A DISTANCE OF 79.18 FEET TO A POINT OF
CURVE; THENCE SOUlHEASTERL Y ALONG A CURVE TO lHE RIGHT HAVING A RADIUS OF 40.00 FEET. AN
ARC OF 61.30 FEET, A CHORD Of 55.47 FEET AND A CHORD BEARING OF 5.45"59'54.E. TO A POINT OF
NON-TANGENT CURVE; lHENCE WESTERLY ALONG THE SOUlHERLY RIGHT-Of-WAY OF AFORESAID GULF
VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS Of 28.66 FEET, AN ARC Of 11.98
FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING OF N.n-SS'43.W.; THENCE N.89"54'OO.W. ALONG
SAID SOUTHERLY RIGHT-Of-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF
CURVE; lHENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-Of-WAY OF GULF VIEW BOULEVARD BEING A
CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD Of 22.84 FEET
AND A CHORD BEARING OF 5. 70"214rW. TO THE POINT OF BEGINNING.
CONTAINING 6,256.56 SQUARE FEET OR 0.1436 ACRES. MORE OR LESS.
PREPARED FOR
K & P aIARWA 1ER ESTATE$, LLC
SHEET 1 OF 3
-
DATE SURVEYED: NIA
DATE DRAWN: 1-31-2005
X REFERENCE: 050079
GEORGE A. SlllJIP n
'\ AND ASSOCIATES, INCORPORATED
.J LAND SURVEYORS LAND PLANNERS
_ 33tJl .DeSOI'O BOU.L8TARlJ, SUIt'S .0
PAn! D.UUJOR, 'lORlD.! 31803
PHOSI (727) 70-1-5-198 FR (727) 708-tr58
CERllACAnON: I HEREBY CERllFY TO THE BEST Of MY KNOYlEDGE NIl 8EUEF 'THAT
1HE LEGAl DESCRlP110N AND SKETCH SHOWN HEREON SUBST AN1IAI1 Y t.fEETS 'DE
MINIMUM TECHNICAL STANDARDS FOR LAND SUlMYlNG DESCRIBED IN 1HE STAlE Of
flORIDA RULE 61G17. r.A.c. FURTHERt.fORE, THIS CER11F1CA1K>>f SHAll NOT EXTEND TO
ANY OTHER PERSONS OR P ARllES OlHER THAN lHOSE NAIoIED HEREON AND SHALL NOT
BE VAUD AND BINDING AGAINST 1HE UNDERSIGNED SUR\{)'M YilTHOUT THE ORIGINAl
RAISED SEAl AND SIGNATURE or THE FLORIlA UCENSED SUR~ AND MAPPER.
JOB NUMBER: 050088
DRAv"NG ALE: 0500888.DWG
LAST REVISION: NIA
{
\.
GEORGE A. SHIMP II, flORIDA REGISTERED lAND SURVEYOR No. 2512
LB 1834
EXHIBIT "A \I TO LAND EXCHANGE
AGREEMENT
Page 1 of 3
7 & 8 29 15 E T PINELlAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . .. AS,................ COUNTY, FLORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY LruMUML..f1ll
o 50
GRAPHIC SCALE
1 inch = 50 ft.
GULF VEl IlOOlEVARD (74' R/Yf) -1
- --. S89~OO"E 79.~8-:-- - - ~- - . .
S. R/W UN[ l.D' VACATED R/W '\
N89'54'OO"W 145.71'
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,
I LOT I, Bl.OCK 'A'. CWlMBlA I
SUBDI\4SKJt (P.B. 23. PG. 60)
, LLOYD-NilTE-SKJNNER ,
~ , ~ SUBDIVISI~ (p.o. 13, PGS. 12 '" 13) I ,
i ~ 44 !I 45 .. I " I .. I 91 ,92 "II :,'
: j : I I \ I I I I I I '!,'
1- L-1} ~ I I l..;r,~ll 1 II J,
__ ~!~ ..-11 ~
I --~-r~__+-~~~ ~'
I ~ ~ ----------
~ ~ ------
CURVE CHORD BEARING
Cl N2811'29"E UNE BEARING DISTANCE
C2 N63"52' 46"E 11 N90"OO'OO"E 3.82'
C3 S45"59'54"E 12 N05"32'30"E 0.88'
C4 N77"55' 43"W l3 N90"OQ'OO"W 29.08'
C5 S70"27'47"W SHEET 2 OF 3
DATE SURVEYED: N A
DATE DRAWN: 1-31-2005
X REFERENCE: 050079
GEORGE A. SH/JIP n
AND ASSOCIATES, INCORPORATED
LAND SURVEYORS LAND PLANNERS
3301 .DeSOTO BOUli'YDUJ, SUITS .D
PA.l.II HDIlJOH, I'lORlIM 34883
PHOn (727) 784-5498 I'D (727) 788-1258
CERlflCAlION: I HEREBY CERllFY TO TIE BEST Of lIY ~ AND BEl.IEF 'THAT
THE LEGAL D~PlllJ4 AND SKETCH SHOYiN HERElJ4 SlSSTANnAllY lIEE1S TIE
1I1NIUUM TECHNICAL STANDARDS r~ lAND SUR\{)1NG DESCRIIED If THE STATE Of
FLORIDA RULE 61G17, r.A.c. FURTHERMORE, THS CERlIFICA lION SHAlL NOT EXTEND TO
ANY OTHER PERSONS OR PARTIES OTHER THAN THOSE NAMED HERElJ4 AND SHAlL NOT
BE VAUD AND BINDING AGAINST THE UNDERSIGNED SUR~ \WlHOUT THE ClRIGlNAl
RAISED SEAL AND SIGNATURE OIF THE FLORIDA UCENSED SUR\fYOR AND MAPPER.
GEORGE A. SHIMP II, FLORIDA REGlSlERED LAND SURVEYOR No. 2512 LB 1834
EXHIBIT "An TO LAND EXCHANGE AGREEMENT
Page 2 of 3
7 & 8 29 15 PINEllAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH. RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, flORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
A88REVlA TlONS
A = ARC LENGTH
A/c = AIR CONDITIONER
AF = AlUMINUM FENCE
AlUM = AWMINUM
ASPH = ASPHAlT
BFE = BASE flOOD ELEVATION
BLDG = BUllDING
BLK = BlOCK
BM = BENot MARK
BNDY = BOUNDARY
BRG = BEARING
BVtf = BARBED WIRE FENCE
C = CALCULATED
CB = CHORD BEARING
CBS = CONCRETE BLOCK SlRUClURE
CHD = CHORD
CL = CENTERUNE
CLF = CHAIN UNK FENCE
CLOS = CLOSURE
Cot = COlUMN
CONC = CONCRETE
CR = COUNTY ROAD
CIS = CONCRETE SlAB
COR = CORNER
COV = CO\{RED AREA
o = DEED
DOT = DEPARTMENT Of lR~TATlOO
DRNG = DRAINAGE
D/W = ORI\{WAY
a OR ElEV = ElEVATION
EOP = EDGE Of PAIOIENT
EOW .. EDGE Of WATER
ESU'T = EASEMENT
FCM = FOUND CONCRETE MONUMENT
FES = FlARED END SECTION
FlP = FOUND IRON PIPE
FlR = FOUND IRON ROO
FL = flOW UNE
FlD = FlElD
FND = FOUND
FOP = FOUND OPEN PIPE
FPC = flORIDA POe CORP.
FPP = FOOND P!N0fD PIPE
FRM = FRAME
FZL = flOOD ZlH: L.N:
GAR = GARAGE
G/E = GlASS ENCLOSIR:
H\\f = HOG WIRE FENCE
HWI.. = tDGH WATER L.N:
INV = INVERT
LB = LAND SUR\{'t1NG IlJSlNESS
LFE = lO\\{Sl flOOR B.EV
LHSM = LOWEST H<RZCM'Al. SUPP<llllNG MEMBER
LS = LAND SURVEY(R
M = MEASURED
MAS = MASONRY
MES = MITERED END SECTION
MH = MANHOLE
MH\\t .. MEAN HIGH WATER LK
MSL = MEAN SEA LE\Q.
N&B = NAIL AN) 80m CAP
N&:D = NAIL AND DISK
No!r:T = NAIL AND TAB
NGVO .. NATIONAL <BIE1C VERTlCAl. DATUM
NO = NUNBER
OIA = lMRAlL
OHW = 0\IERHEAIl YtlRE(S)
OR = OfFIaAl REcalOS
01S = OfFSET
P = PlAT
PB = PlAT BOOK
PC = POINT or CUR\{
PCC = PONT Of COIIPOJN) CUR\{
PCP = PERMANENT COl1ROL PONT
PG = PAGE
PK = PARKER KALON
PL = PR(JIERTY UNE
POB = POINT Of BEQtlfNG
POC = POINT Of caIlENCEUENT
POL = POINT ON ~E
PP = POItR POLE
PRC = PONT Of RE'fiSE aJRVAnH:
PRM = PERMANENT REFERENCE M<HJIlENT
PROP = PRlFERTY
PSM .. PROFESSIONAL SUR\{YOR cle MAPPER
PT .. POINT Of TANGENCY
PVU'T = PA\{UENT
RAD = RADIUS
R = RECORD
REF = REFERENCE
RES = RESIDENCE
RL = RADIAl UNE
RLS = REGISTERED LAND SUR\{YOR
RND = ROUND
RNG = RANGE
RRS = RAIL ROAD SPIKE
R/W = RIGHT-Of-WAY
sew = SET CONCRETE MONUMENT
S/E = SCREENED ENCLOSURE
SEC = SECTION
SET NclcD = SET NAIL AND DISK RLSI 2512
SIR = SET 1/2" IRON ROO RlSI 2512
SQ = SQUARE
SRF = SPUT RAIL FENCE
SR = STATE ROAD
STY = STORY
SUB .. SUBDIVISION
S!W = SIDEWALK
TB = I BAR
TBM = TEMPORARY BENCH MARK
TC = TOP OF aJRB
TOB = TOP OF BANK
TOS = TOE Of SlOPE
lRANS = lRANSFORMER
TWP = TOI'lWSHIP
Tl'P = T'tPICAl
UG = UNDERGROUND
UTlL = UTlUTY
\\I) = WOOD
\\f = WOOO FENCE
WIF .. \\ROUGHT IRON FENCE
WIT = YolTNESS
\\RF = WIRE FENCE
WV = WATER VAlVE
... ABBRE\1ATlONS MAY ALSO BE CONCATENATED AS REWIRED.
... OlHER COMMONLY RECOGNIZED AND/OR ACCEPTED ABBREVlAllONS ARE ALSO UTlUZED BUT NOT SPECIFIED. HEREON.
SHEET 3 OF 3
JOB NUMBER: 050088 DAlE SURVEYED: N/A
DRAWNG AlE: 050088B.DWG DAlE DRAYM: 1-31-2005
LAST RE\1S10N: N7A X REFERENCE: 050079
- GEORGE A" SHIJlP n
( _ 'AND ASSOCIATES, INCORPORATED
\ oJ I LAND SURVEYORS LAND PLANNERS
- 3301 DeSOl'O BOUJJYAHIJ, SU/l'S D
P.JLII HJHIJOH, F.tOBlDA 31883
LB 1834 PHONG (727) 781-5198 FD(727) 788-1258
CER1IACA 11ON: I HEREBY CER11FY TO THE BEST or MY KNO\\tEIlGE AND BaJEF THAT
THE LEGAL DESCRlPllON AND SKETD4 SHOYIM HEREIJl SUBSTAN1IAlL Y I.EE1S THE
t.I1NIMUN TECHNICAl STANDARDS FOR LAND SUR'E(lNG DESCRIBED IN H: STATE Of
FLORIDA RULE 61G17, F.A.C. FURTHERIlORE, THIS CER1JICAll<J4 SHAll NOT EXTEND TO
ANY OTHER PERSONS OR PARTIES OTHER THAN THOSE twED HERE<J4 All) SHALL NOT
BE VAUD AND BINDING AGAINST 1HE UNDERSIGNED SUR~ YilTHOOT 'DE ORIGINAl.
RAISED SEAL AND SlGNAlURE or THE FllRDA U<INSED StJMYm AND YAPPER.
GEORGE A. SHIMP II, FLORIDA REGlSlERED lAND SURVEYOR No. 2512
EXHIBIT "A" TO LAND EXCHANGE AGREEMENT
Page 3 of 3
PARCEL 2
CITY PARK SUBDIVISION
P.B. 23 PG. Jl
GUF\1EW SLID
CEN TERLlNE
rYP~A/- ----
;4;[1 COLUMBiA" SiJBDfIIISK5N' Cl--' ~
P.B. 2f PG. 60 - ~ .., I
Bt8c/ A 1.0' R/W lA I
-, -" T . /'tAf;1r:fEIjJ' ~
I . O.llt 77b 0
. P.C.40' ,
I . 44 I 45l 46 I 47 l 90 ! 91 l 92 iZ ~.. I
L LLOYD-'t1J/Efl'f!#f'~1_ff~BDlrSI01 ~ J
I' I 6O~~ -L j H93f_S i
'V" BYftATpOINT OF ,
/ BEGINNING I
I r-..,,-,
I '::"",
~' ,,1,,1501,,1,,1,,1..197 i
I /9 ~,I_i ~I ~ .~ ,1_,1 _, ,
~ /: L _ 52_ L _ 98_J ~
~ I LLOYD-WHITE-SKINNar SUBDIVISION ~l~
i L_s~~'~e'~::-l ~
f l-s,--r~",- I ~
'J l _~_ ~ _': , [;
, I ,OJ ~ ,~
j r - -+-- -I r
CURVE
C - 1
C - 2
1. BEARINGS ARE BASED ON THE EASTERLY RIGHT -OF-WAY LINE OF GUlFVlEW BOULEVARD
BEARING: S05'32'30' W (ASSUMED).
2. THERE MAY BE ADDITIONAL EASEMENTS. RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON
THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNlY.
3. THIS SKETCH AND LEGAl DESCRIPTION l.S..J:IQI VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
4. THIS IS NOT A BOUNDARY SURVEY.
PARCEL 'C'
100 CORONADO DRIVE
CLEARWATER
l SKETCH AND LEGAL
DESCRIPTION
PAO..ECT NO. 4063
DRAWlNGt 4063DWG
SCAlE 1"- 100'
DRAWN CBA
DATE 8-12-04
CHECKED/ac CBA
AaD CREW N/A
BK. I PG. NfA
SURVEY DATE N7A
(
I
\ SUNCOAST LAND SURVEYING, INC.
) 111 FOREST LAKES BOULEVARD
~ OLDSMAR, FLORIDA 34677
LB 4513 OCUDAA'( -T<J'I:)(R4ffl: - ~ ST.6.I:EOOT
PH: (813) 854-1342 FAX: (813) 855-6890
J
~
GRAPHIC SCALE
k."~
( III FEET )
ItAcb-50ft.
i
LINE TABLE
LINE LENGTH BEARING
L-l 18.00' N84'27'30"W
L-2 135.05' N05'32'30"E
L-3 2.63' S05"32'30"W
L-4 110.54' S05'32'30"W
L-5 1.00' N84'27'30"W
CURVE TABLE
RADIUS ARC CHORD
40.00' 5.24' 5.23'
28.66' 35.53' 33.30'
CHD. BEARING
N01047'28"E
529'58'20"E
SHEET 5 OF 8
1 "/3/04 caJtCT'OI - owa: :H> AVE TO 1ST AVE c:n=
; NO. DAle <ElCIFI<>N
SURVEYOR'S CERTlACA TE
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION
DEPICTED HEREON WAS PREPARED UNDER MY RESPONSIBLE
CHARGE ON THE DA TE(S) SHOI'iN. AND MEETS THE MINIMUM
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA
STATUTES.
BY
(SEAL)
CURTIS N. FRIED
PROFESSIONAL LAND SURI;t:YOR NO. 4537
DATE
EXHIBIT "B" TO LAND EXCHANGE AGREEMENT
~
7 29 15 PINELlAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, flORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
LEGAL DESCRIPTION
A PARCEl OF LAND BBNG A PART OF GUlf VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COlUMBIA
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE
PUBUC RECORDS OF P1NElLAS COUNTY, FLORIDA, AND ALSO DEPICTED ON lHE PLAT OF
LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO PlAT THEREOF, AS RECORDED IN PLAT BOOK 13,
PAGES 12 AND 13, OF THE PUBUC RECORDS OF P1NElLAS COUNTY, FLORIDA, ALL lYING IN lHE EAST
1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINElLAS COUNTY, FLORIDA, BBNG UORE
P ARTICULARl Y DESCRIBED AS FOllOWS:
COMMENCING AT THE NORTHWEST CORNER OF lOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION;
THENCE N.90'OQ'OO.W. ALONG THE EAST-WEST CENTERUNE or AFORESAID SECTION 7, A DISTANCE OF
16.98 FlEET TO THE POINT OF BEGINNING; THENCE S.05"29'4Q.W., A DISTANCE OF 18.97 FlEET; THENCE
N.84"30'20.W., A DISTANCE OF 6.00 FEET; THENCE N.05"29'4Q.E., A DISTANCE OF 0.58 FEET; lHENCE
N.41"28'18.W., A DISTANCE OF 16.55 FEET; THENCE N.05"32'35.E. AlONG lHE CENTERUNE OF AFORESAID
GUlf VIEW BOUlEVARD, A DISTANCE OF 25.28 FlEET; THENCE S.41'OO'13.E., A DISTANCE OF 24.92 FlEET;
THENCE S.05"29' 4Q.W., A DISTANCE OF 1.03 FlEET TO THE POINT OF BEGINNING.
CONTAINING 441.75 SQUARE FlEET OR 0.0101 ACRES, MORE OR LESS.
PREPARED FOR
K & P ClEARWATER ESTATES, LLC
SHEET 1 OF 3
GEORGE A. SHIMP III, PROFESSIONAl SURVEYOR & MAPPER No. 6137
JOB NUMBER: 050088 DATE SURVEYED: N/A
DRA~NG AlE: 050088.DWG DATE DRAWN: 1-28-2005
LAST REVISION: N/A X REFERENCE: 050079
....~ GEORGE A. SHIMP n
r = " AND ASSOCIATES, INCORPORATED
\.: J LAND SURVEYORS LAND PLANNERS
... 33(JI /)eSOI'O BOUUYARIJ, SUII'S /)
PAlJ/ HU/JIOR, I'.tORlIM 31883
LB 1834 PHOHS (727) 781-6198 I'D (727) 788-1268
CERllACA nON: I HEREBY CER11FY TO THE BEST OIF MY KNO\\tEDGE AND BEUEF THAT
THE LEGAL DESCRIP110N AND SKETCH SHOIm HEREON SUBSTAN1IAlLY lETS nE
MINIMUM TECHNICAL STANDARDS FOR lAND SUR\{YJNG DESCRIBED ~ THE STATE Of
FLORIDA RULE 61G17, F.A.C. FURTHERMORE, lHIS CER1lF\CAro. SHAll NOT EX100 TO
ANY OTHER PERSONS OR PARllES OTHER THAN THOSE NAMED HEREON AND SHAll NOT
BE VALID AND BINDING AGAINST nE UNDERSIGNED SUMYm WTHOUT THE ORIGINAI.
RAISED SEAl AND SIGNATURE OF THE FWWA UCENSED SUR~ AND MAPPER.
7 29 15 PINELlAS
SECTION . . . . . . , TOWNSHIP . . . . . . SOUTH, RANGE . . . . . . EAST, . . . . . . . . . . . . . . . . COUNTY, flORIDA
LEGAL DESCRIPTION and SKETCH
THIS IS NOT A SURVEY
r-" -'-" -L.. .~. R/W Of ~ VIEW B~lEVARD ..
APPROXIMATE W. R/W! ,"- APPROXIMATE COASTAL
OF GULF VIEW BOULEVARD 'I' , CONSTRUCllON CONTROL UNE
(SCALED FROM TAX MAP) ,(SCALED FROM TAX MAP)
,
,
,
,
,
,
,
,
,
,
,
,
/
/
I
LrMMnR
wwww
o 30
GRAPHIC SCALE
1 inch = 30 tt
I
GULF VIEW BOULEVARD
r---;'-R/w: (P.B:t:PG.-;;-
, I
/ :
r I
/ 1_.._
r
/ : 1!,@1i' ~
-~--~. .. ..1 r@~1J'< fA
P.O.B. P OC
<s . . .
~ ~ . N.W. CORNER :
IE 1;;;- lJ ~ I <HOT .. U
~r;; ~: f
~/; el @jBJ ~ @j~
OJ /' _",,- &/. \l') I LO
~ a:i ~ ..- I ..-
L&.J ~ .~: ~I~
$... -
~/~ '-{ Iii
~R ~!~L
.. 1.-
DATE SURVEYED: N A
DATE DRAWN: 1-28-2005
X REFERENCE: 050079
GEORGE A. SHIllP II
AND ASSOCIATES, INCORPORATED
lAND SURVEYORS LAND PLANNERS
3301 DeSOTO .80UYYARD, SUIl'l'D
PA1JIIIA1lIJOR, '.lOll/1M 34883
PROB (727) 784-5498 I'D (727) 788-1208
E-W CL OF SEClION 7-29-15 '""'\
_u_ui--1
LINE DATA
LINE BEARING DISTANCE
11 N90'OO'oo.W 16.98'
L2 S05"29'40"W 18.97'
L3 N84'30'20"W 6.00'
L4 NOS'29'40"E 0.58'
L5 N41'28'18"W 16.55'
L6 N05'32'35"E 25.28'
l7 S41"00'13"E 24.92'
L8 S05'29'40"W 1.03'
SHEET 2 OF 3
h
/: !
~
:~
/ i
.15
/" ~
3Ii
/
CERllACAllON: I HEREBY CERTIFY TO 1HE BEST or MY KNOYlEDGE AND BElIEF THAT
THE LEGAL DESCRIPllON AND SKETCH SHOtN HEREON SUBSTAN1IAlL Y IlEETS H:
MINIMUM TECHNICAL STANDARDS FOR LAtI) SUR'EIING DESCRIBED IN THE STATE Of
flORIDA RULE 61G17. F.A.C. FURTHERUORE, THIS CER11ACA1K>>f SHAll NOT EX100 TO
ANY OTHER PERSONS OR PARTIES OTHER THAN THOSE HAlO HEREl>>4 All) SHALL NOT
BE VAlID AND IIWDING AGAINST THE UNDERSIGNED 5m'ofYm lllTHOOT THE ORIGINAl.
RAISED SEAL AND SIGNATURE or 1HE FlORl>A UCENSED 5mVEYM AND MAPPER.
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137
LB 1834
7 29 S R N 15 PINELlAS
SECTION . . . . . . , TOWNSHIP . . . . .. OUTH, AGE...... EAST, . . . . . . . . . . . . . . . . COUNTY, flORIDA
LEGAL DESCAlPllON and SKETCH
THIS IS NOT A SURVEY
A88REVIA TlONS
A = ARC LENGTH
Alc = AIR CONDITlONER
Af = ALUMINUM FENCE
AlUM = ALUMINUM
ASPH = ASPHAlT
BFE = BASE flOOD ElEVAnON
BLDG = BUILDING
BLK .. BLOCK
8M = BENCH MARK
BNDY = BOUNDARY
BRG = BEARING
B\\f = BARBED WIRE FENCE
C .. CAlCULATED
CB .. CHORD BEARING
CBS = CONCRETE BlOCK SlRUCTURE
CHD = CHORD
CL = CENTERUNE
ClF .. CHAIN UNK FENCE
CLOS = CLOSURE
COL = COLUMN
CONC = CONCRETE
CR = COUNTY ROAD
CIS = CONCRETE SlAB
COR = CORNER
COV = CO\{RED AREA
o = DEED
DOT.. DEPARTMENT Of lRANSPORTATlON
DRNG = DRAINAGE
DIW = DRIVEWAY
a OR ElEV = ElEVATION
EOP = EDGE or PA\{!.lENT
EOW = EDGE OF WATER
ESU'T = EASEMENT
FCM = FOUND CONCRETE MONUIIENT
FES = FLARED END SECTION
FlP = FOUND IRON PIPE
FlR = FOUND IRON ROD
Fl = flOW UNE
FlD = FlELD
FND = fOUND
FOP = fOUND OPEN PIPE
FPC = flORIDA POE CORP.
FPP = FOUND PINCHED PIPE
FRM = FRAME
FZL = flOOD ZONE UNE
GAR = GARAGE
G/E = GLASS ENCLOSURE
H\\f = HOG WIRE FENCE
H\'4. = HIGH WATER LIE
INV = IN\{RT
LB = LAND SUR\01NG IlISINESS
LFE = LO'AEST FlIXR ELEV
LHSM = LO\\BT HORIZONTAl SUPPORTING MEMBER
LS = LAND SURIo'EYM
M .. MEASURED
MAS = MASONRY
MES = MITERED END SECTION
MH = MANHOLE
MHI\\. = MEAN HIGH WATER UNE
MSl = MEAN SEA LEVEl.
N&B = NAIL AND BOTTlE CAP
N&D = NAIL AND DISK
N&T = NAIL AND TAB
NGVO = NATIONAl GEOOE1IC VERllCAl DATUM
NO = NUMBER
OIA = O\{RALl
OHW = O\{RHEAD WlRE(S)
OR .. OFFlCAl REC<eIS
OIS = OFFSET
P = PLAT
PB = PLAT BOOK
PC = POINT or CUR\{
PCC = POINT OF COMPOUND CUR\{
PCP = PERMANENT CONlROL POINT
PG = PAGE
PK = PARKER KALON
PL = PROPERTY UNE
POB = POINT or BEQtNNG
POC = POINT Of caMNCDlENT
POL = POINT ON LIlE
pp = POlEK POLE
PRC = PONT Of RE\IERSE CURVATURE
PRY = PERMANENT REFERENCE IICH1I1ENT
PROP = PROPERTY
PSM = PROFESSIONAl SUR\{YOR cle MAPPER
PT = POINT Of TANGENCY
PW'T = P A \{!.lENT
RAD = RADIUS
R .. RECORD
REF = REFERENCE
RES .. RESIDENCE
RL = RADIAl UNE
RLS= REGISTERED LAND SURVEYOR
RND = ROUND
RNG = RANGE
RRS = RAIL ROAD SPIKE
R/W = RIGHT-OF-WAY
SCM = SET CONCRETE MONUMENT
S/E .. SCREENED ENCLOSURE
SEC = SECTION
SET N&D = SET NAIL AND DISK RLSI 2512
SIR = SET 1/2" IRON ROD RLS' 2512
SQ = SQUARE
SRf = SPUT RAIL FENCE
SR = STATE ROAD
STY = STORY
SUB = SUBDIVISION
s!W = SIDEWALK
TB = "r BAR
TBM = TEMPORARY BENCH MARK
TC = TOP OF CURB
TOO = TOP or BANK
TOS = TOE OF SlOPE
lRANS = lRANSFORUER
TWP = TOI'lWSHIP
T'IP = T'lPteAL
UG = UNDERGROUND
UTIL = UTIUTY
WI) = WOOD
\\f = 0000 FENCE
W1F = \\ROUGHT IRON FENCE
WIT = WITNESS
I'.Rf = WIRE FENCE
'W = WATER VAlVE
... ABBREVIATIONS MAY ALSO BE CONCA TEN A TED AS REQUIRED.
... OlHER COMMONLY RECOGNIZED AND lOR ACCEPTED ABBREVlA liONS ARE ALSO UTlUZED BUT NOT SPECIFIED HEREON.
SHEET 3 OF 3
CER11F1CA 1100: I HEREBY CER11FY TO THE BEST OF MY KNOYt.EDGE AND IIE1fF 'THAT
THE LEGAl DESCRfllON AND SKEJai SH<lYm HEREON SUBSTAH1IAlL Y t.EE1S TIE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING DESallBEIlIH THE STATE Of
FlOOIDA RULE 61G17, F.A.C. FURTHERMORE, THS CERlJICATlON SHAll NOT EX100 TO
ANY OTHER PERSONS OR PARTIES OTHER lHAN THOSE NAMED HEREON AND SHAll NOT
BE VAI.J) AND BINDING AGAINST THE ~GNED SURVEYOR \\1THOUT THE ORIGINAL
RAISED SEAL AND SIGNA lURE or THE FLORIDA UCENSED SURVEYOR AND MAPPER.
JOB NUMBER: 050088
DRAWNG AlE: 050088.DWG
LAST REVISION: N/A
DATE SURVEYED: N/A
DATE DRAWN: 1-28-2005
X REFERENCE: 050079
... GEORGE A. SlIIMP II
r... 'AND ASSOCIATES, INCORPORATED
\. ~ LAND SURVEYORS LAND PLANNERS
.... - 33tJl JJeSOTO BOUYYAHlJ, SUITS JJ
PAnI HAHBOH, 1'10R/JJ./ 31&83
PHOHS (727) 781-5198 I'D (727) 78&-125&
GEORGE A. SHIMP III, PROFESSIONAL SURVEYOR & MAPPER No. 6137
LB 1834
BEACHWALK SCHEDULE
ITEM DURATION
Complete design and construction plans January 2005
Developer pays pro-rata share of Within 3 years
construction
Bid & award construction contract 3 months
Construct S. Gulfview detour & Coronado 12 months
Improvements
Construct S. Gulfview & Beach Walk 12 months
from Central Plaza north to Coronado
Construct S. Gulfview & BeachWalk 12 months
from Central Plaza to southern end
Final project clean-up & Grand Opening 4 months
EXHIDIT "M"
t
I
2' CURB & GUTTER 2' CURB & GUTTER
PER FOOT INDEX #300 PER FOOT INDEX #300
10' CONC. SIDEWALK
60' RIGHT-OF-WAY
36' - 2ND STREET
2.00'; 2.00';
". ".
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10' CONC. SIDEWALK
TYPICAL CROSS SECTION
Not To Scale
EXHIBIT N
EXHIBIT 0
PARKING PROTOCOL
The following parking protocol shall be implemented by the Developer in order to reduce the
incidence of traffic backups at the entrance to the Project at Gulfview Boulevard (the "Gulfview
Entrance"):
1. Adequate valets shall be employed to handle anticipated traffic volumes. V alets shall be
provided as needed in the porte cochere area as well as on each parking level where valet
parking service is required to park the cars of hotel guests or the public.
2. Vehicles unable to access the parking garage because of unavailability of a parking elevator
shall be parked in the porte cochere area ofthe Project (the "Porte Cochere") so long as space,
and until elevator transport, is available.
3. The Gulfview Entrance shall be closed by Hotel personnel at any time that the vehicular
traffic in the Porte Cochere prevents vehicles entering the area from Gulfview Boulevard
without undue delay.
4. Vehicles unable to use the Gulfview Entrance because of its closure will be given written
instructions by Hotel personnel directing them to the street level parking entrance on
Relocated First Street (the "Relocated First Street Entrance").
5. Hotel event planners will take all steps reasonably necessary to encourage use ofthe parking
accessed by the Relocated First Street Entrance for events likely to cause a traffic backup on
Gulfview Boulevard. For example, (i) parties booking such events will be provided copies of
written directions suitable for distribution advising guests to avoid the Gulfview Entrance and
directing them to proceed directly to the Relocated First Street Entrance and (ii) prior to such
events steps will be taken to maximize the number of spaces available in the street level
parking area for use by guests attending the event.,