TDR2005-07025; FLD2005-07078FROM :City0FClearwater-Plan Dept* FAX. NO. :727 562 4865
* 24 2005 01:04PM P2
A40 45 -070As
CITY OF CLBA.ItWATER
APPLICATION FOR TRANSFER OF
DEVELOPMENT RIGHTS
PLANNING & DEVEMPMF.NT SERVICES
MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, V FLOOR
PHONE (813)-562-4567 FAX (813) 562-4516
At'PLI(;ANT AND AGENT INFORMATION:
APPUCANT'SNAME Robert Pennock & Paul Kelley
MAILING ADDRESS 665 Bay Esplanade, Clearwater, FL 33767
PHONE NUMBER 727-441-1475 FAX NUMBER -
A01!NTNAME E.D. Armstrong, III, Esquire, Johnson, Pope, Bokor, Ruppel &
911 Chestnut St., Clearwater, FL 33756 urns, LEP
MAILING ADDRESS
PHONENUMSER 727-461-1818 FA)(NUMBER 727-462-0365
SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site):
Parcel A: Robert M..Pennock, II and 14elodie Ferguson
PROPERTY OWNER :Parcel B: Paul Kelley & Tracey Kelley
MAILING ADDRESS : 665 Bay Esplanade, Clearwater, FL 33767
PHONE NUMBER FAX NUMBER
LEGAL DESCRIPTION See attached Exhibit "A"
• IF IN MEMO /lf0 6OUHOS, ATTAOH A 6EPARATE BftEE1y
STREET ADDRESS See attached Exhibit "A"
fir
XQnc urn
See attached Exhibit "A"'
PARCELNUMBER
ZONING DISTRICT T AUG U 2005
SIZE OF SITE ; .52 acres PLANNING ® PApDAF
CURRENT USE OF THE multi-family CITY OF CLEARWAjj?
PROPERTY
• (N OF HOTEL ROOMS, G MWNO UNITS, COMMERCIAL FLOOR AREA, VACANT)
HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 15
HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 2
HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? x 1f?5 .
(See notation ?5'r?Exhi1S7[ C)
IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? 5 (see notation on Exhibit C)
IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIc3HT REQUESTED: 68 ft , 11 inches
Page 1 of 2
FROM :CityOfClearwater-Plan Dim
FAX NO. :727 562 4865 M 24 2005 01:04PM P3
ORIGINAL
SITE FRAM WHICH THE TDR WILL BE TRANSFERRED (sender size):
Density Unit holder: North Clearwater Beach Development, LLC
PROPERTY OWNER !PrpPerty Owner: Belle Aqua Villas, LLC
MAILING ADDRESS P.O. Box 4189, Clearwater, FL 33758
PHONE NUMBER 727-796-0021
FAX NUMBER :
LEGAL DESCRIPTION See attached Exhibit "B"
OF IN METIES AND BOUNDS, ATTACH A SRPARATQ SHMM
See attached Exhibit "B"
STREET ADDRESS
See attached Exhibit "B"
PARCEL NUMBER
ZONING DISTRICT T 1
SIZE OF SITE approx. .339 acres N?
CURRENT USE OF THE to be developed with 6 condominium units u LI
PROPERTY
• (/ OF HOTEL ROOMS, DWELLING UNITS, QOMMERCIAL MOOR AREA, VACANT) F FLAN
HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 10 µ
HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 2
HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO
THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION:
COPY OF THE WARRANTY OECD OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE;
STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.
_ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED
TO ANOTHER PERSON.
STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON.
_ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE.
COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED
1, the undersigned, acknowledge that all
representations made In this application
are true and accurate to the best of my
knowledge.
swaawnrd property owner or representative
Steven A. Williamson, Esquir of
Johnson, Pope, Bokor, Ruppel &
STATE OF FLORIDA, COUNTY OF PINF- -WSW
Sworn to and subscribed before me this day of
July , A.D., *9 200; to me and/or
by Steven A. Williamson , who Is personally
known k=pncMm mkxxxxxxxxxxxxxxxxxxxxxxxxxmsx
id'e2?tii?tlx
otary public,
my commission expires:
GINA L CANOPARI
Page 2 of 2 My C0MMI&%10N M DOW470
+1?? ?p EXPIRES: Janwry 26, 20U6
1.900 OTARr FL Notry SWVI" a ea+a-9. Inc.
r ?`R
AFFIDAVIT TO AUTHORIZE AGENT:
Paul Kelley and Tracey Kelley
property owners on deed - please PRINT full
1. That (1 am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
667 Bay Esplanade - Parcel # 05-29-15-54756-077-0070
2. That this property constitutes the property for which a request for a: (describe request)
Transfer of development rights (receiver site)
3. That the undersigned (has/have) appointed and (does/do) appoint: E.D. Armstrong, III, Esquire, of
Johnson, Pope, Bokor, Ruppel & Burns, LLP
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
5. That site visits to the property are.necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6. That (I/we), the undersigned authority, hereby certify that the foregoing
COUNTY OF PI ne i las
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this -28th day of
July 2005 personally appeared Paul and Tracey Kelley who having been first duly sworn
Deposes and says that he/she fully understands the contents of the affidavit that_h she signe
My Commission Expires:11A)/pR
?ttr GINA L. CANOPARI
MYCOMMt3SiON* DDOAfY270
n?Or v?p'r EXPIRES: January M, am
I an_"0rswv a Monrv 941Nee 8 8W19% Int.
Notary
JUL 2 9 2005,
S:IPlanning DeparrmenllApplicaeion Formsidevelopmenl mviewlOexible development application 2005.doc u ??
PLANNilN3 3 Cf ?t )h $VC?
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40
w ORiGINAL
AFFIDAVIT TO AUTHORIZE AGENT:
Robert M. Pennock, II as Trustee UAD May 24, 2002 and
Melodie A. Ferguson, as Trustee UAD May 24, 2002
(Names of all property owners on deed - please PRINT full names)
1. That (I anVwe are) the owner(s) and record title holder(s) of the following described property (address or general location):
665 Bay Esplanade - Parcel 405-29-15-54756-077-0060
2. That this property constitutes the property for which a request for a: (describe request)
Transfer of development rights (receiver site)
3. That the undersigned (has/have) appointed and (does/do) appoint: E . D . Armstrong, III, Esquire, of
Johnson, Pope, Bokor, Ruppel & Burns, LLP
as (hisrtheir) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6. That (I/we), the undersigned authority, hereby certify, that the foregoing is true and correct.
h?
Property r
?? 0
Property
wrier
Property Owner
r Property owner
COUNTY OF
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida on this 28th _ day of
July 2005 personally appeared Robert M. Pennock & Melodic nwho having been first duly sworn
Deposes and says that he/she fully understands the contents of the affi a i t signed.
// .?,"0 GINALCAMOAARI
My Commission Expires: '? ? MyCOMMISSiONO LZMA) SWO
Nfor s RXPIRFS:lenusrywy FL Notary service & 1 .-
SAPranning 0epa1t1ien(IApplic0Ci0rt Form;tdeveloplnent reviewlncxlble development application 2005.doc
M M ORIGINAL
AFFIDAVIT TO AUTHORIZE AGENT:
Belle Aqua Villas, LLC
(Names of all property owners on deed - please PRINT full names)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
120 Brigh.twater
2. That this property constitutes the property for which a request for a: (describe request)
Transfer of development rights (sender site)
3. That the undersigned (has/have) appointed and (does/do) appoint: E . D. Armstrong, III ,Esquire , of
Johnson, Pope, Bokor, Ruppel & Burns, LLP
as (hisAh. eir) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater. Florida to consider and act on the above described property;
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6. That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct.
Pgoperty Re11nald Termul
Prooperty Owner
Property Owner
Property Owner
COUNTY OF ni tle([&
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this 28th day of
onc; personally appeared Reginald Termulo who having been first duly sworn
Deposes-and says that he/she fully understant(he ntents of the affda 't ign d.
GINA L CA NOPARt
My Commission Expires: MY COMMISSION * DDORO= Not4Wbri
"t ?Q! FXPIRFS: January 26, 20()6
TARV FL Notary Service • Hord ng. lnr.
SAPlanning DepartmentlAppticaeion formsldevelopment reviewl/iexible development application 2005.doc
F11K 2 2Qa? {
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ORIGINAL.
EXHIBIT "A"
Receiver Site
Address: 665 Bay Esplanade and 667 Bay Esplanade
Parcel No's.: 05/29/15/54756/077/0060
05/29/15/54756/077/0070
Legal Description:
Lot 6, Block 77, MANDALAY UNIT NO. 5, according to plat thereof recorded in Plat
Book 20, Page 27, Public Records of Pinellas County, Florida.
And
Lot 7, Block 77, MANDALAY UNIT NO. 5, according to plat thereof recorded in Plat
Book 20, Page 27, Public Records of Pinellas County, Florida. V2, I,
1 .?
! 10 2 -q 2005 = ii
40
661; & 667
(Receiver site)
Legend
Streets
El Parcels
Zoning
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UHDR
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Pine4as County
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~ ..RIGINAI.
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EXHIBIT "B"
Sender Site
Address:
Parcel No's.:
Legal Description:
120 Brightwater Drive
08/29/15/06446/000/0010
08/29/15/06446/000/0020
08/29/15/06446/000/0030
08/29/15/06446/000/0040
08/29/15/06446/000/0050
08/29/15/06446/000/0060
40
ORIGINAL
All of BELLE AQUA VILLAS II as recorded in Plat Book 127, pages 73 thorough 75, of
the Public Records of Pinellas County, Florida.
Formerly known as:
Lots 53 and 54, BAYSIDE SUBDIVISION NO. 2, according to the map or plat thereof as
recorded in Plat Book 27, paged 32 and 33 of the Public Records of Pinellas County,
Florida.
D V M r'`?y
JU 2 :4 2035
PLAN
w a ORIGINAL
0
E
EXHIBIT "C"
TO APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS
PROPERTY OWNER: BELLE AQUA VILLAS, LLC
OWNER OF DENSITY UNITS: NORTH CLEARWATER BEACH DEVELOPMENT, LLC
Per the "Density Transfer Warranty Deed" attached hereto, dated March 14, 2005,
recorded in O.R. Book 14175, Page 1505 in the Public Records of Pinellas County,
Florida, Belle Aqua Villas, LLC previously transferred four units of Density to North
Clearwater Beach Development, LLC ("North Clearwater"). North Clearwater serves as
a holding entity for the four units of density. Although the Density is owned by North
Clearwater, it remains attached to the property located at 120 Brightwater. By virtue of
separate agreements, Robert Pennock and Paul Kelly are purchasing a total of 2 units
of density from North Clearwater Beach Development, LLC.
Pursuant to prior agreements, Mr. Pennock and Mr. Kelly agreed to transfer a total of
five units (3 from the Pennock property and 2 from the Kelly property) from their
respective properties to Taylor Woodrow for the "Clearwater Beach Residences -
Clearwater, LLC" project, which was re-submitted to the City on July 11, 2005. Mr.
Pennock and Mr. Kelly entered into the prior density transfer agreements prior to this
current project on Bay Esplanade, and were unable to terminate the transfer
agreements. Consequently, Mr. Prior and Mr. Kelly are filing this application.
#351666 v1 -
45751.109280
0
July 28, 2005
Mr. Wayne Wells
City of Clearwater Planning Department
100 S. Myrtle Avenue
Clearwater, FL 33758
0
Re: Application for Transfer of Development Rights
665 & 667 Bay Esplanade (receiver site) and North Clearwater Beach
Development, LLC (sender)
Dear Mr. Wells:
I, Reginald Termulo, am the Director of Development for Menna Development &
Management, Inc., the member of North Clearwater Beach Development, LLC.
The purpose of this letter is to acknowledge my authorization of transferring
development rights of two (2) units from North Clearwater Beach Development,
LLC to the property owned by Robert M. Pennock as Trustee, UTD May 24,
2002, Melodie A. Ferguson, as Trustee, UTD May 24, 2002, located at 665 Bay
Esplanade, and owned by Paul Kelley and Tracey Kelly, located at 667 Bay
Esplanade. As per the requirements outlined within the TDE application, the
following statements apply to this transfer:
1. The required Deed of Transfer will be recorded prior to the
issuance of a building permit;
2. The Development Rights as reflected in the instrument of
conveyance have not been conveyed to another person;
3. The Development Rights have not been previously used or
exercised by another person.
ORIGINAL
p..?.?1?<<?Y
Li
0
If you have any further questions regarding this transfer, please do not hesitate to
contact meat aga- ?$ .. 2 (49o
Sincerely,
Reginald Termulo, Director of Development for
Menna Development & Management, Inc., as member of
North Clearwater Beach Development, LLC
ORIGINAL
0 0
DENSITY AGREEMENT
This Agreement is made this ? 3 r day of July, 2005 by and between NORTH CLEARWATER
BEACH DEVELOPMENT, LLC, a Florida Limited Liability Company ("Transferor"), BELLE AQUA
VILLAS, LLC, a Florida limited liability company ("Owner") and PAUL KELLEY and TRACEY
KELLEY, Individually ("Transferee").
WITNESSETH:
WHEREAS, Owner is the owner of the Property located at 120 Brightwater Drive, Clearwater,
Florida and legally described in Exhibit "A" attached hereto and. incorporated herein ("Sending
Property"), which property has entitlements to construct 10 residential units associated therewith, and
. WHEREAS, Owner is utilizing only 6 units of density associated with the Sending Property, has
previously transferred 4 units of density associated with the Sending Property to Transferor by Deed
recorded in O.R. Book 14175, page 1505-1507, of the Public Records of Pinellas County, Florida, and
Transferee desires to obtain transferable development rights ("TDRs") for one (D unutilized unit
associated with the Sending Property now owned by Transferor to be utilized by Transferee in the
development of Transferee's property located at 667 Bay Esplanade, Clearwater, Florida 33767 and
legally described in Exhibit "B" attached hereto and incorporated herein ("Transferee's Property").
WHEREAS, Transferee is willing to compensate Transferor for such TDRs as hereinafter set
forth.
NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration it is
agreed as follows:
1. The above recitals are incorporated herein.
2. In consideration for the transfer of the TDRs for one (,1D unit, Transferee shall pay Transferor
the sum of $90,000.00 for each TDR which shall be paid as follows:
a. $3,750.00 shall be paid by Transferee to Transferor simultaneously with the execution
of this Agreement as an earnest money deposit which shall be non-refundable to Transferee unless
Transferor defaults under the terms of this Agreement
b. The balance of the purchase price of $86,250.00 shall be paid by Transferee to
Transferor at closing.
3. Closing shall be held on or before January 10, 2006. At closing, Transferor shall execute and
deliver to Transferee a Density Transfer Warranty Deed, assignment and such other instrument (free and
clear of any lien or encumbrance) as will set over, transfer, assign and convey to Transferee and
Transferee's Property TDR for the one (1) units, which transfer will be recognized by the City of
Clearwater.
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PLANNING DEPARTMENT T'A
CITY OF CLEAPWATFP
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0 •
4. Transferor represents that it has not previously assigned, transferred, conveyed or encumbered
the TDRs subject to this Agreement and Transferor will make the same warranty and representation at the
time of Closing. Except with respect to the transfer described above by Owner to Transferor, Owner
represents that it has not previously assigned, transferred, conveyed or encumbered the TDR's subject to
this Agreement.
5. In the event the Transferee breaches this Agreement, Transferor shall have the right to retain
the deposit previously paid to Transferor by Transferee hereunder as liquidated and agreed upon damages
and as the sole remedy for Transferee's default. In the event Transferor breaches this Agreement,
Transferee may bring suit for specific performance, the return of the deposit paid hereunder or for
damages.
6. Any costs or expenses charged or to be charged in connection with this Agreement shall be the
responsibility of Transferee, exclusive of Transferor's attorney fees, if any.
7. In the event it becomes necessary to enforce this Agreement by legal proceedings, the
prevailing party in such proceedings shall be entitled to recover all costs and expenses incurred, including
reasonable attorney fees though appeal.
8. Transferor and Transferee agree that no commissions are due to any Realtors, Brokers or
Salespersons as a part of this contract.
9. Transferee may not assign its rights under this Agreement or the TDR's described herein prior
to closing without the prior written approval of Transferor, with the exception of the proposed
Development Entity that will develop the Transferee's Property (receiving property).
10. Transferor and Transferee agree to execute such documentation as will be required to transfer
the TDR's to the Transferee's property prior to the January 10, 2006 Closing Date, if it is
determined to be in the best interest's of the Transferor or the Transferee, or both. Transferee
agrees to execute a Promissory Note, Security Agreement and any other documentation
required to sufficiently lien the Transferee's Property to collateralize the Balance Due as
described in paragraph 2 above. Furthermore, the ability or inability to execute this transfer
prior to the Closing Date will have no effect on the non-refundable Deposits described in
paragraph 2 above.
11. Transferee agrees that Transferee will design the building to be constructed on Transferee's
Property such that the rear building set back will be 20 feet from the Seawall.
IN WITNESS WHEREOF, the undersigned have. -executed this. Agreement the day and date
indicated.
WITNESSES: "TRANS EROR"
OR II L IE WA
,f /(J a Flo d Li / ed Li
J S L 1 1 i?' ff?
d y L
Signature of Witness Print
S!?21i t_ S-,- e td? As its:
Print Naine-of Witness
SignaturC of )riWss
Print Name of Witness Dated:
WITNESSES:
/V -
Signature of Witness
Print Name of Witneds ( 4-:
ignature of Witness
/4 . t-.X--e - Ef%,V
Print Name of Witness
WITNESSES:
L
Signature of Witness
Print Name of pW* ess
Signature of Witness
Print Name of Witness
BEACH DEVELOPMENT, LLC,
Company
"OWNER"/
BELLE Ad6'
a Flori' dd
B J `•?.
Y•
Print ame.
As its Managing
iity'company
7 Z3/
Dated:
"TRANSFEREE"
PAUL
Dated: Lz3 1 ,
0 #
•
WITNESSES:
l
Signature of Witness
s;??-'- IT - ct\,A L-
Print Name of Witness
Signa e of itnesr)
14 ell) - cn
Print Name of Witness
0
"TRANSFEREE"
TRACEY KELLEY, individually
Dated: ?. 2 ,3. o 5
0#
EXHIBIT "A"
i
All of BELLE AQUA VILLAS II as recorded in Plat Book 127, pages 73 through
75, of the Public Records of Pinellas County, Florida
• •
EXHIBIT "B"
To Density Agreement (Kelley)
Lot 7, Block 77, MANDALAY UNIT NO. 5, according to plat thereof recorded in
Plat Book 20, Page 27, Public Records of Pinellas County, Florida.
11
EXHIBIT "C"
•
Transferor and Transferee will cooperate in a 1031 tax exchange at no cost to Transferor.
f
?d
J
• •
DENSITY AGREEMENT
This Agreement is made this 2,3 day of July, 2005 by and between NORTH CLEARWATER
BEACH DEVELOPMENT, LLC, a Florida Limited Liability Company ('Transferor'), BELLE AQUA
VILLAS, LLC, a Florida limited liability company ("Owner") and ROBERT M. PENNOCK as
TRUSTEE, utd dated May 24, 2002, as to 75% interest, and MELODIE A. FERGUSON as TRUSTEE,
utd dated May 24, 2002 as to 25% interest ("Transferee").
WITNESSETH:
WHEREAS, Owner is the owner of the Property located at 120 Brightwater Drive, Clearwater,
Florida and legally described in Exhibit "A" attached hereto and incorporated herein ("Sending
Property"), which property has entitlements to construct 10 residential units associated therewith, and
WHEREAS, Owner is utilizing only 6 units of density associated with the Sending Property, has
previously transferred 4 units of density associated with the Sending Property to Transferor by Deed
recorded in O.R. Book 14175, page 1505-1507, of the Public Records of Pinellas County, Florida, and
Transferee desires to obtain transferable development rights ("TDRs") for one M unutilized unit
associated with the Sending Property now owned by Transferor to be utilized by Transferee in the
development of Transferee's property located at 665 Bay Esplanade, Clearwater, Florida 33767 and
legally described in Exhibit "B" attached hereto and incorporated herein ("Transferee's Property").
WHEREAS, Transferee is willing to compensate Transferor for such TDRs as hereinafter set
forth.
NOW, THEREFOIZ9, in consideration of $10.00 and other good and valuable consideration it is
agreed as follows:
1. The above recitals are incorporated herein.
2. In consideration for the transfer of the TDRs for one (n unit, Transferee shall pay Transferor
the sum of $90,000.00 for each TDR which shall be paid as follows:
a. $3,750.00 shall be paid by Transferee to Transferor simultaneously with the execution
of this Agreement as an earnest money deposit which shall be non-refundable to Transferee unless
Transferor defaults under the terms of this Agreement
b. The balance of the purchase price of $86,250.00 shall be paid by Transferee to
Transferor at closing.
3. Closing shall be held on or before January 10, 2006. At closing, Transferor shall execute and
deliver to Transferee a Density Transfer Warranty Deed, assignment and such other instrument (free and
clear of any lien or encumbrance) as will set over, trans r, assign and convey to Transferee and
Transferee's Property TDR for the one a) units, which we t d by the City of
Clearwater.
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PLANNING DEPARTMENT
CITY OF CLEARWATER
• •
4. Transferor represents that it has not previously assigned, transferred, conveyed or encumbered
the TDRs subject to this Agreement and Transferor will make the same warranty and representation at the
time of Closing. Except with respect to the transfer described above by Owner to Transferor, Owner
represents that it has not previously assigned, transferred, conveyed or encumbered the TDR's subject to
this Agreement.
5. In the event the Transferee breaches this Agreement, Transferor shall have the right to retain
the deposit previously paid to Transferor by Transferee hereunder as liquidated and agreed upon damages
and as the sole remedy for Transferee's default. In the event Transferor breaches this Agreement,
Transferee may bring suit for specific performance, the return of the deposit paid hereunder or for
damages.
6. Any costs or expenses charged or to be charged in connection with this Agreement shall be the
responsibility of Transferee, exclusive of Transferor's attomey fees, if any.
7. In the event it becomes necessary to enforce this Agreement by legal proceedings, the
prevailing party in such proceedings shall be entitled to recover all costs and expenses incurred, including
reasonable attorney fees through appeal.
8. Transferor and Transferee agree that no commissions are due to any Realtors, Brokers or
Salespersons as a part of this contract.
9. Transferee may not assign its rights under this Agreement or the TDR's described herein prior
to closing without the prior written approval of Transferor, with the exception of the proposed
Development Entity that will develop the Transferee's Property (receiving property).
10. Transferor and Transferee agree to execute such documentation as will be required to transfer
the TDR's to the Transferee's property prior to the January 10, 2006 Closing Date, if it is
determined to be in the best interest's of the Transferor or the Transferee, or both. Transferee
agrees to execute a Promissory Note, Security Agreement and any other documentation
required to sufficiently lien the Transferee's Property to collateralize the Balance Due as
described in paragraph 2 above. Furthermore, the ability or inability to execute this transfer
prior to the Closing Date will have no effect on the non-refundable Deposits described in
paragraph 2 above.
11. Transferee agrees that Transferee will design the building to be constructed on Transferee's
Property such that the southwestern corner (rear of building) set back will be 20 feet from the
Seawall.
1?kr
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•
IN WITNESS WHEREOF, the undersigned have
indicated.
WITNESSES:
h?-- Signature of Witness
sus Si- ratd-
Print Name of
Signature of i ess
A ua&" ?u
Print Name of Witness
WITNESSES:
Signature of Witness
Sib S.. t A-
Print Name of i
Signature of Witness
- VZQ t IrU?.I c fl
Print Name of Witness
WITNESSES:
/'?-k, A?a ,
Signature of Witness
Witness
Sign e of Witness
s-Y- CLX,'$/
Print Name of Witness
"TRAN FEROR"
NO L ARN
a F " Li it<
By: --°
Print
As its:
•
is,, Agreement the day and date
BEACH DEVELOPMENT, LLC,
Company
Dated:
"OWNER"
BELLE A U ILLAS, C,
a Florida i liabil' company
By:
Print Nanne: G
As its Managing Member
Dated:
"TRANSFEREE"
ROBERT M. PENNOCK as TRUSTEE, utd dated May 24,
2002, to 75% interest ?f
Dated:
Q ?"
•
WITNESSES: "TRANSFEREE"
u
MELODIE A. FERGUSON as TRUSTEE, utd dated May
24, 2002 as to 25% interest
b--. -k
Signature of Witness
Si ;-RA L -
of Witness
Si a of Witness
Print Name of Witness Dated: 7 2 3- 0-?-
mar
•
EXHIBIT "A"
•
All of BELLE AQUA VILLAS II as recorded in Plat Book 127, pages 73 through
75, of the Public Records of Pinellas County, Florida
t k"--/
- ;4A
• •
EXHIBIT "B"
To Density Agreement (Pennock)
Lot 6, Block 77, MANDALAY UNIT NO. 5, according to plat thereof recorded in
Plat Book 20, Page 27, Public Records of Pinellas County, Florida.
•
EXHIBIT "C"
•
Transferor and Transferee will cooperate in a 1031 tax exchange at no cost to Transferor.
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111:?2005094748 BK: 14175 PG: 1505, 03' 005 at 08:23 AM, RECORDING 3 PAGES
$27.00 D DOC STAMP COLLECTION $0.70 0URKE, CLERK OF COURT PINELLAS
COUNTY, FL BY DEPUTY CLERK: CLKDM04
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This document prepared by
and should be returned to, Emil G. Pratesi, Esquire
Richards, Gilkey, Fite, Mitt "r,'
Pratesi & Ward, P.A.
1253 Park Street
Clearwater, Florida,33756
DENSITY TRANSFER WARRANTY DEED
liHIS INDENTURE made this day of
by and between BELLE AQUA VILLAS, LLC, a Florida
?
'Ilniied liability company, Party of the First Part, whose
/"'4nailing address is Post Office Box 4189, Clearwater,
'-`-°Iorida, 33758-4198 and NORTH CLEARWATER BEACH DEVELOPMENT,
-,UC, a Florida limited liability company, Party of the
t, :Second Part, whose mailing address is Post Office Box 4189,
Clearwater, Florida 33758.
W I T N E S S E T H:
That the said Party of the First Part, for and in
consideration of the sum of Ten Dollars ($10.00) to it in
hand paid by the said Party of the Second Part, the receipt
whereof is hereby acknowledged, has granted, bargained and
sold to the said Party of the Second Part, its heirs, and
assigns forever FOUR UNITS OF DENSITY from the following
described land, situated lying and being in the City of
Clearwater, County of Pinellas, State of Florida, to wit:
See Exhibit "A" attached hereto.
IN WITNESS WHEREOF, the said Party of the First Part
has hereunto set his hand and seal the day and year first
above written intending hereby to restrict, in perpetuity,
the use of the property first described in Exhibit "A"
attached hereto.
Signed, Sealed and Delivered
in Our Presence:
tse
Nm : e
BELLE AQUA VILLAS, LLC,
a Florida limited liability
company
By: MENNA DEVE pRPMENT 6
MANAGEM INC.,
Flor' p., nager
By:
President
•
ORIGINA1.
p 1117;1 (16 [t U U
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,U 2 9 2005
P t 1'`tCS.
PIN2.LLAS COUNTY FL OFF. REC. BK 1417o 1506
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4
STATE OF /? f! ?
COUNTY OF I HEREBY bEITIFY that on this day personally appeared
before me,,. an officer duly authorized to take
acknowledgeni,'iits, ANTHONY MENNA as President of MENNA
DEVELOPMENT:-& ,.-MANAGEMENT, INC., a Florida corporation, as
Manager fo). ELLE AQUA VILLAS, LLC, who is personally known
to me oi? ,`laho has produced as
identifiCat-ibn, and he is the person described in and who
executed'xhe foregoing Density Transfer Warranty Deed and he
acknQ,l,6Zjed then and there before me that he executed the
same ?%Such officer on behalf of said corporation as Manager
of/`Pe],le Aqua Villas, LLC, for the purposes therein
exp,tessed; and that the said Density Transfer Warranty Deed
s-Z:the act and deed of said limited liability company.
` WITNESS my hand and official seal this day of
2005.
Name •
Notary Pub is
Commission No= TZz 6Y
My Commission expires:
Sla-lzva J'
DEBRA J SCAU1
Notary PuWk; State of Hoddo
My Comm. Expkes May 15, 2DO7
No. DD213036
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ORIGINAL
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JUL 2 g 2005 I.
N;NG & Qc v', ti I SvCc,
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PI14ELIAS COTJNTY FL OFF. REC. BK 1417o 1507
EXHIBIT "A" ORIGHINIAL
All BELLEt QiJA-VILLAS II as recorded in Plat Book 127,
Pages 73 throughr'j75, of the Public Records of Pinellas i
County, Florida.
4•
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JU 2 2005
'LANNING & LSE VcA1JtPr,<-, N T SVCS
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This instrument was prepared by
and return to:
Troy J. Perdue, Esquire
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
•
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005501305 12/16/2005 at 08:39 AM
OFF REC BK: 14811 PG: 1654-1657
DocType:DEED RECORDING: $35.50
SPECIAL WARRANTY DEED
TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS
THIS INDENTURE is made on December 14, 2005, between NORTH
CLEARWATER BEACH DEVELOPMENT, LLC, a Florida limited liability
company ("Grantor"), whose post office address is P.O. Box 4189, Clearwater,
FL 33758, and PAUL KELLEY AND TRACY KELLEY, husband and wife
("Grantee"), whose post office address is 667 Bay Esplanade, Clearwater, FL
33767.
WITNESSETH:
Grantor, for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration to Grantor in hand paid, the receipt and sufficiency of
which are hereby acknowledged, has granted, bargained and sold to Grantee,
and Grantee's heirs, successors and assigns forever, the following described
property situated in Pinellas County, Florida:
Development right comprised of one (1) residential
dwelling unit, which is currently allocated to the land
described on Exhibit "A" attached hereto and
incorporated herein (collectively, "Sender Site"), which
is to be used in connection with the development of
the land described on Exhibit "B" attached hereto and
incorporated herein ("Receiver Site").
SUBJECT to applicable land use and zoning
restrictions and to easements, reservations and
restrictions of record, if any, which are specifically not
reimposed or extended hereby, and to taxes for the
year 2006 and subsequent years.
THIS IS NOT THE HOMESTEAD OF THE
GRANTOR.
• •
Grantor does hereby fully warrant the title to the density transferred and will
defend the same against the lawful claims of all persons claiming by, through or
under Grantor.
The tax parcel numbers for the aforedescribed property are set forth on
Exhibits "A" and "B".
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC
a Florida limited liabi ' y
BY: Men ev, opment &
M e ? nt, Inc., 0.?'lorida
or on, as anager
By.
. President
STATE OF loriclk, )
COUNTY OF (AS )
The foregoing instrument was acknowledged before me this I Ttt? day of
. cPhobtr , 2005, by Anthony Menna, as President of Menna Development &
Management, Inc., as Manager of North Clearwater Beach Development, LLC, a Florida
limited Jiability company, who [is personally known to me h[hroduced
P-o?YIVQ?i S he efM as identification].
2LNA Print name: nJ9AV?
T
My Commission Expires: I_ aG ,46
#362721 v1 - Kelley Paul/N Clearwater Beach/TDR Deed
MYCOM MISSION# DD080270
E-6M?NOTAl", OINA L CANOPARI
EXPIRES:January26,2006
AY FL Notary Service & a0ndingft.
SigPature /
(?1 C, h 1%dyl.
Print name
•
EXHIBIT "A"
SENDER SITE:
•
Address: 120 Brightwater Drive, Clearwater, Florida 33767
Parcel No.: 08/29/15/06446/000/0010
08/29/15/06446/000/0020
08/29/15/06446/000/0030
08/29/15/06446/000/0040
08/29/15/06446/000/0050
08/29/15/06446/000/0060
Legal Description:
All of BELLE AQUA VILLAS II as recorded in Plat Book 127, pages 73 through
75, of the Public Records of Pinellas County, Florida.
• •
EXHIBIT "B"
RECEIVER SITE:
Address: 667 Bay Esplanade, Clearwater, Florida 33767
Parcel No.: 05/29/15/54756/077/0070
Legal Description:
Lot 7, Block 77, MANDALAY UNIT NO. 5, according to plat thereof recorded in Plat
Book 20, Page 27, Public Records of Pinellas County, Florida.
R-? c 35 S? •
I
This instrument was prepared by
and return to:
Troy J. Perdue, Esquire
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
•
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2005501306 12/16/2005 at 08:39 AM
OFF REC BK: 14811 PG: 1658-1661
DocType:DEED RECORDING: $35.50
SPECIAL WARRANTY DEED
TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS
THIS INDENTURE is made on December 14, 2005, between NORTH
CLEARWATER BEACH DEVELOPMENT, LLC, a Florida limited liability
company ("Grantor"), whose post office address is P.O. Box 4189, Clearwater,
FL 33758, and Melodie A. Ferguson, as Trustee of the Melodie A. Ferguson
Revocable Living Trust dtd 5/24/02, as to a 25% interest, and Robert M.
Pennock, II, as Trustee of the Robert M. Pennock, 11 Revocable Living Trust dtd
5/24/02, as to a 75% interest (collectively, "Grantee"), whose post office address
is 665 Bay Esplanade, Clearwater, FL 33767.
WITNESSETH:
Grantor, for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration to Grantor in hand paid, the receipt and sufficiency of
which are hereby acknowledged, has granted, bargained and sold to Grantee,
and Grantee's heirs, successors and assigns forever, the following described
property situated in Pinellas County, Florida:
Development right comprised of one (1) residential
dwelling unit, which is currently allocated to the land
described on Exhibit "A" attached hereto and
incorporated herein (collectively, "Sender Site"), which
is to be used in connection with the development of
the land described on Exhibit "B" attached hereto and
incorporated herein ("Receiver Site").
SUBJECT to applicable land use and zoning
restrictions and to easements, reservations and
restrictions of record, if any, which are specifically not
reimposed or extended hereby, and to taxes for the
year 2006 and subsequent years.
THIS IS NOT THE HOMESTEAD OF THE
GRANTOR.
Grantor does hereby fully warrant the title to the density transferred and will
defend the same against the lawful claims of all persons claiming by, through or
under Grantor.
The tax parcel numbers for the aforedescribed property are set forth on
Exhibits "A" and "B".
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
r
-31 natu
vtY
Print na e
Signature
C-A na • ?nPaYi
Print name
NORTH CLEARWATER BEACH
DEVELOPMENT, LLC
a Florida limited liability m
BY: Menn elopment
Ma a ent, Inc., Vlorida
co on, as Manager
By:
Anthony na, President
STATE OF I / )
COUNTY OF /11 ( }
The foregoing instrument was acknowledged before me this Imo' day of
T)eCe(C1bjK , 2005, by Anthony Menna, as President of Menna Development &
Management, Inc., as Manager of North Clearwater Beach Development, LLC, a Florida
limited liability _ company, who [is personally kn wn to me [has produced
FL Dbytn L+c2h&-f as identification]. /?a? If\
Notary Public
Print name: shot. L • L?O?Gu'?
,P 'N' GiNA L CANOPARi
My Commission Expires: ?-
#362726 v1 - Pennock/N Clearwater Beach TDR Deed
? MYCOMMISSIONN DD 080270
?cr?ove EXPIRES: January 16, 2006
t-80D&NOTARY FL Notary CeMce & Bonding, Inc.
• •
Q
EXHIBIT "A"
SENDER SITE:
Address: 120 Brightwater Drive, Clearwater, Florida 33767
Parcel No.: 08/29/15/06446/000/0010
08/29/15/06446/000/0020
08/29/15/06446/000/0030
08/29/15/06446/000/0040
08/29/15/06446/000/0050
08/29/15/064461000/0060
Legal Description:
All of BELLE AQUA VILLAS II as recorded in Plat Book 127, pages 73 through
75, of the Public Records of Pinellas County, Florida.
EXHIBIT "B"
RECEIVER SITE:
Address: 665 Bay Esplanade, Clearwater, Florida 33767
Parcel No.: 05/29/15/54756/077/0060
Legal Description:
Lot 6, Block 77, MANDALAY UNIT NO. 5, according to plat thereof recorded in Plat
Book 20, Page 27, Public Records of Pinellas County, Florida.
LONG RANGE PLANNING
DEVELOPMENT REVIEW
October 19, 2005
Mr. Keith E. Zayac
701 Enterprise Road East, Suite 404
Safety Harbor, FL 34695
CITY OF C LEARWATE3
PLANNING DEPARTMENT
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
Re: FLD2005-07078 - 665 Bay Esplanade
Dear Mr. Zayac:
This letter constitutes a Development Order pursuant to Section 4-206.D.6. of the Community Development
Code. On October 18, 2005, the Community Development Board (CDB) reviewed your Flexible Development
application to permit 12 attached dwellings with an increase to height from 35 feet to 65 feet (to roof deck), with
an additional four feet for perimeter parapets (from roof deck), a reduction to the northwest (front) setback from
15 feet to zero feet (to pavement), a reduction to the north (side) setback from 10 feet to 9.21 feet (to pavement),
a reduction to the south (rear) and east (rear) setbacks from 20 feet to zero feet (to deck), as part of a
Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C; and Transfer of
Development Rights (TDR2005-07025) of two dwelling units from 120 Brightwater Drive under the provisions
of Sections 4-1402 and 4-1403. The CDB APPROVED the application based upon the following finding of fact
and conclusions of law and conditions.
Findings of Fact and Conclusions of Law: Fact and Conclusions of Law:
1. That the 0.52-acre subject property is within the Tourist (T) District and the Resort Facilities High (RFH)
Future Land Use Plan category;
2. That the subject property is located within the special area redevelopment plan, Beach by Design, as part of
the "Old Florida" District;
3. That the City's occupational license records indicate the subject property currently being developed with a
total of eight attached dwellings;
4. That there are no pending Code Enforcement issues with the subject property;
5. That the proposed building height is 65 feet as measured from base flood elevation to roof deck;
6. That the subject property is permitted a maximum of 15 attached dwelling units (30 du/ac);
7. That the applicants have previously entered into density transfer agreements with another entity removing a
total of five permitted dwelling units (two from 665 Bay Esplanade and three from 667 Bay Esplanade) from
the subject property; thereby reducing the available density of the subject property to 10 attached dwelling
units;
8. That the development proposal is consistent with the Transfer of Development Rights standards and criteria
as set forth in Sections 4-1402 and 4-1403, respectively;
9. That the development proposal is consistent with the Flexible Development standards as set forth in Section
2-803;
BRIAN J. AUNGST, MAYOR
FRANK HIBBARD, VICE MAYOR HOYC HAIM ILTON, COL NCII MEMBER
BILL JONSON, COUNCILME.NIBER AML C ARLEN A. PETERSEN, COUNCILMEMBER
"EQUAL EMPLOYMENT ANT) AFFIRMATIVE ACTION E,\411LOYER"
0 0
10. That the development proposal is consistent with the Comprehensive Infill Redevelopment criteria as set
forth in Section 2-803.C; and
11. That the development proposal is consistent with the General Applicability criteria as set forth in Section 3-
913.A.
Recommended Conditions of Approval:
1. That any/all required Parks and Recreation fees are paid prior to the issuance of a building permit;
2. That any/all required Transportation Impact Fees are paid prior to the issuance of a Certificate of
Occupancy;
3. That the final design and color of the building be consistent with the conceptual elevations submitted to (or
as modified by) the CDB, and be approved by Staff;
4. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. That
conduit for the future undergrounding of existing utilities within the abutting right-of-way shall be installed
along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's
representative shall coordinate the size and number of conduits with all affected utility providers (electric,
phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's
engineer and the City's Engineering Department prior to the commencement of work;
5. That all Fire Department requirements be met, prior to the issuance of any permits;
6. That all Traffic Department requirements be met, prior to the issuance of any permits;
7. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached
directly to the building and be architecturally-integrated with the design of the building with regard to
proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior
to the issuance of any permits which includes:
a. All signs fully dimensioned and coordinated in terms of including the same color and font style and size;
and
b. All signs be constructed of the highest quality materials which are coordinated with the colors, materials
and architectural style of the building;
8. That all utility equipment including but not limited to wireless communication facilities, electrical and water
meters, etc. be screened from view and/or painted to match the building to which they are attached, as
applicable prior to the issuance of a Certificate of Occupancy;
9. That a right-of-way permit be secured prior to any work performed in the public right-of-way;
10. That the first building permit be applied for within one year (by September 20, 2006) of Community
Development Board approval; and
11. That the final Certificate of Occupancy be obtained within two years of issuance of the first building permit.
Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible
Development approval (by October 18, 2006). All required Certificates of Occupancy shall be obtained within
two years of the date of issuance of the initial building permit. Please be advised that time frames do not change
with successive owners. The Community Development Coordinator may grant an extension of time for a period
not to exceed one year and only within the original period of validity. The CDB may approve one additional
extension of time after the Community Development Coordinator's extension to initiate a building permit
application.
The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or
pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by
this approval, please bring a copy of this letter with you when applying for any permits or licenses that require
this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-
502.B. by the applicant or by any person granted party status within 14 days of the date of the CDB decision.
• •
The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination
of the case. The appeal period for your case expires on November 1, 2005 (14 days from the date of the CDB
decision).
Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539
or via e-mail at robert.tefft@Myclearwater.com.
Sincerely,
Mi ael Delk, AICP
Planning Director
S:IPlanningDepartmentlCD BIFLEX (FLD)Ilnactive or Finished ApplicationslBay Esplanade 665 - Nepenthe (7)ApprovedlBay Esplanade 665 -
Development Order.doc