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FLS2005-050369 Cleam*f' Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 0 44W CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: -------- ----- SOUTH: WEST: EAST: ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ? SUBMIT APPLICATION FEE $_-___ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 12/30/2004) ---PLEASE TYPE OR PRINT--- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS! 4_1 All -0 2 -? PHONE NUMBER?1S_ t?Co?_1I ? ? - _ ?x NUMBER: ,/3 - ? ?_s_ _??I d ? PROPERTY OWNER(S): (Must Include ALL owners as fisted on the deed - provide original signature(s) on page B) AGENT NAME:/? _W_?IW-MT_ MAILING ADDRESS:e?aL_ ln41_ PHONE NUMBER: FAX NUMBER: -?i I?=Ae?__-_ CELL NUMBER: 270-1 ^Q?9_s4i__--__ _ E-MAIL ADDRESSVS4?s___/!?CLL?LF S?L1??fJ B. PROPOSED DEVELOPMENT INFORMATI N: (Code Section 4-202.A) STREET ADDRESS of subject --?A t L ? 1?? ?? LEGAL DESCRIPTION: tt t.3 5 u z_ -r- t!4_q 1 i?i?y _.lYll[? E 1 (If no lis edGGher , pleas note the llo?ocag,o°?nn, of thI document in the submittal) PARCEL NUMBER: ?Z l??rL'?J12L?Rl1!' d o 9 0 ------------------------ PARCEL SIZE: ?s) PROPOSED USE(S) AND SIZE(S): (number of dwelling units, hotel rooms or square footage of nonresidential use) ORIGINAL_ DESCRIPTION OF REQUEST(S):- _ _!------ __-___---___-:-_-----___ Attach sheets and be specific when Identifying the request (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) --- ------- - - -- -------- - ---- ------------ Page 1 of 6 - Flexible Standard Development Application 2005- City of Clearwater 0 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIQUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES ---- NO __-- (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) V SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) -D./ t,t 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A). Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, In detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties In which it Is located. ------------- -- --------- ------------------------ 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly Impair the value thereof. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. ---------- ------------------------------------ The proposed development Is designed to minimize traffic congestion. ---------- - - --- - ------ -----------_-------------- ---- -- - - - ----- 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. - -------- ---- ? Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver Is requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: --- ------------------ -------- ---- -- - JUL 0.1 1 2005 ------- ___--- -----__---- -------c??! - ---- Vii P Page 2 of 6 - Flexible Standard Development Application 2005- City of Clearwater r E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that invol addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with t City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption this requirement. If a plan Is not required, the narrative shall provide an explanation as to why the site is exempt. tr/ a minimum, the STORMWATER PLAN shall include the following: Existing topography extending 50 feet beyond all property lines; _ Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; _ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual., Signature and seal of Florida Registered Professional Engineer on all plans and calculations. C3? \ A COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL- (? (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ? Acknowledgement of stormwater plan requirements (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative Is attached. At a minimum, a grading plan and finished floor elevations shall provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND.SEALED SURVEY (including legal description of property) - One original and 14 coples; ('TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; - 8' LOCATION MAP OF THE PROPERTY; ?A-PARKiNG DEMAND STUDY in conjunction with a request to make deviations to the parking standards (le. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to-the parking standards are approved; {,Y GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); COPY OF RECORDED PLAT, as G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) Qr" SITE PLAN with the following information (not to exceed 24" x 36"): ' All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; ``` Index sheet referencing individual sheets Included in package; J V L O ( Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; ORIG IN I AL All existing and proposed points of access; I\vf All required sight triangles; _ Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen" trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Page 3 of 6 - Flexible Standard Development Application 2005- City of Clearwater _ Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, Including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; _ Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3-201(D)(i) and Index #701); __ Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. VSITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; _ Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; __ Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and _ Floor area ratio (F.A.R.) for all nonresidential uses. W -_REDUCED SITE PLAN to scale (8 '/ X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: ___ One-foot contours or spot elevations on site; Offslte elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; } Lot lines and building lines (dimensioned); Streets and drives (dimensioned); ___ Building and structural setbacks (dimensioned); ___ Structural overhangs; Tree Inventory; prepared by a "certified arbodst", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) LANDSCAPE PLAN: _ All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; ___ Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, Including driplines (as indicated on required tree survey); _ Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all.existing and proposec landscape materials, including botanical and common names; _ Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; _ Typical planting details for trees, palms, shrubs and ground cover plants including Instructions, soil mixes, backfilling, mulching and protective measures; __ Interior landscaping areas hatched and/orshaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ? REDUCED LANDSCAPE PLAN to scale (8'/z X 11) (color rendering if possible); ORIGINAL IRRIGATION PLAN (required for level two and three approval); COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. JI 1L v 2005 Page 4 of 6 - Flexible Standard Development Application 2005- City of Clearwater I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4.202.A.23) Required In the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part f a Comprehensive Infill Redevelopment Project or a Residential Infill Project. li?/a LDING ELEVATION DRAWINGS -all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8'/ X 11) (black and white and color rendering, if possible) as required. J. SiGNAGE: (Division 19. SIGNS/ Section°3-1.006) ?11 EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or t remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall Include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). O Reduced signage proposal (8'Y2 X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ? Include if required by the Trafflc Operations Manager or his/her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted In the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): __ Traffic Impact Study is included, The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all Intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. L. SIGNATURE: I, the un r gned, acknowledge that all representations made in this applica n re true and accurate to the best of my knowledge and author' a ity representatives to visit and photograph the property desc In this application. STATE OF FLORIDA, COUNTY OF PINELLAS n to and subscribed before e this ? day of A. D. 20 to me and/or by _ Lj r. L ho is personally known has oroduced as of property owner or representative JUL 01 2095 Page 5 of 6 - Flexible Standard Development My commission expires: 4K DOREEN A. WILLIAMS Wo MY COMMISSION # DD 155802 '1'ofjv%° EXPIRES: October 14, 2006 1.800-3NOTARY FL Notary Service & Bonding, Inc. 0 Exhibit "A" Venetia Cove, LLC 308 Venetian Drive, Clearwater REVISED 7/7/05 Flexible Standard Development Application,- 0 Description of Request: To raze a one-story single family home and construct six townhomes with site improvements. No reductions are being requested. Written Submittal Reauirements: a. The proposed project is residential. The surrounding area is currently single-family homes running along Venetian Drive and Sunset Drive and hotels location to the east on Ft. Harrison. In speaking with neighbors, there are no opposing residents The project will be in harmony with the character of adjacent and surround uses. b. Coverage - This project proposes to stay well within the Development Code limits for impervious area coverage, currently covering-UY9 of the property area. By comparison, the 300 Venetian Dr. Apt. Building next door to the west is approx. 80% impervious area coverage while other single family homes within 200 feet of the property. are generally in theo coverage range. We plan to maximize outdoor living space/green areas due to the large lot size. c. Scale - In terms of line of sight from the street: i. The house structure at the adjacent single family home, 406 Venetian Drive, is Approx. 85 feet in width with a 50-foot setback from the sidewalk. ii. The structure for the adjacent apartment complex, 300 Venetian Drive, is 65 feet in width with a 12-foot setback from the sidewalk. iii. The proposed project town home structures are 74 feet in width with a 54-foot setback from the sidewalk. The six units are split into two structures, separated by a 15 foot green space. This separation of structures brings the structures into the current and normal widths of the structures on the north side of the street. iv The homes across the street are approximately and on average 40 -50 foot widths with a 25-foot setback from the sidewalk. ,,pp? ?,U1 v. The home at 1825 Venetian Point, adjacent west to the apartment complex, is r?1 over 100 feet in width with an approximate 25-foot setback from the street. In summary, the width of the two proposed structures are within the current scale of the larger surrounding single-family homes as well as the adjacent apartment complex. The structures widths fall within a range of what the residents across the street are used to seeing now. Furthermore, the proposed project setback far exceeds the setback of the apartment complex, and matches that of the adjacent single family home. Once again, the proposed project is more in scale with the adjacent single-family homes on the north side of the road. d. Bulk - i. Due to the stilt requirements of new construction, it goes without saying that there will be more bulk associated with a new 2 story home, to allow for the first N living level to be above ground level to conform to the flood requirements. The proposed structure still only has two living levels, much like a traditional 2 story c home, with the additional bulk being associated with the area beneath the -.1 required raised living levels. ORIGINAL • ii. i 1. There is one single family dwelling built on pilings in excess of 25 feet in height above BFE and two more similar homes under construction on Venetian Point, a continuation of Venetian Drive, which points to the redevelopment efforts by local residents to build larger and taller homes in the neighborhood. 'Ili 2. Immediately"west, on the adjacent property, there is a 12 unit Multi-story apartment complex, currently under redevelopment into condominiums. TWI l? V_ In terms of bulk, this structure has a footprint of approx. 4300 sq. ft., C u which is similar to each of our buildings footprint of approx. 4500 sq. ft. ?J iii. Densi - the adjacent apartment complex at 300 Venetian Drive, has 12 units to 21250 sf of land. This proposed development project has 6 units to 40320 sf of land. The adjacent single family home at 406 Venetian Drive, has 22400 sf of land, and at 412 Venetian Dr. 3 rental units sit on 14336 sf of land, resulting in the following comparisons: 1. Apartment complex = 21250/12 =1770 sf land per unit 2. Adjacent single family home = 22400/1= 22400 sf land per unit 3. Homes across the street = 500011 = 5000 sf land per unit 4. Rental units at 412 Venetian Dr. = 4779 sf of land per unit 5. Proposed project = 40320/6 = 6720 sf land per unit in summary, the proposed project density is more generous (less dense in units per acre) than either the apartment complex or the single-family homes across the street. We view this development of town homes as a transitional property from the rental unit high density on our west to the single family and rental units to the east. The Proposed 6 units assist to relate to both types of properties while providing luxury waterfront residences in a larger scale. Please refer to Exhibit "A" Map attached depicting a density summary for this MDR zoned area of Venetian Dr. iv. Character - The proposed architectural style is Key West Floridian clapboard\metal roof. This style adheres to the eclectic style of the neighborhood in which there are several Key West clapboard\metal roofed homes as well as a mixture of Spanish and traditional clapboard\asphalt roofs. 2. The proposed development will be a welcomed addition to the neighborhood. The proposed development will be meeting all setbacks and height requirements with lush landscaping and will only increase the value of adjacent buildings. 174A L?J This Proposed Development on the North side of Venetian Drive sits on Medium Density Residentially (MDR) Zoned Land as designated by the City (7.5 units per acre). The single Family homes across on the south side of Venetian Drive are in Light Medium Density Residential (LMDR) Zoned Land as designated by the City (3.5 units per acre). The LMDR zoned areas are intended to exist as one single family home per one quarter acre lot (more or N less), respectfully, and do not yield the higher density needed for successful multi-family or attached unit residences. Therefore, the adjacent land and buildings zoned as LMDR retain c their intended use due to the current zoning, and are increased in value as development quality around them increases. ORIGINAL 0. i neighborhood as this is a residential use, all parking and retention is being provided on site and all setback requirements are being met. a. There is a 12 unit multi-family apartment complex immediately adjacent to the west of the proposed development project. b. A 3 unit multi-family comp1,ex at exists at 408\410\412 Venetian Drive, just two parcels east of the proposed development site. c. Villa Del Mar Condominiums at 1860 N. Fort Harrison is a new 8 floors condominium project that can be seen from all homes on the north side of Venetian Drive. 3. The proposed development cannot adversely impact the health or safety of persons within the d. There are also many multi-family homes that have long existed within the neighborhood as a whole, outside the immediate vicinity, but within the Old Clearwater Bay neighborhood. e. Exhibit "A" Map also indicates graphically the consistency of our proposed residences with the existing uses in the immediate vicinity. J'4. The proposed development is designed to minimize traffic congestion as all required parking is being provided on-site and parking drive aisles and spaces meet code requirements. 5. The proposed development is consistent with the community character- is this is a residential L\ use project and will not exceed the number of units allowed on site based on the lot area. l 6. All site triangles are being met, the front building setback is 25' leaving plenty of room for lush landscaping which will give a tropical visual appeal, parking will be contained under the garages (not visible from street) and being residential, the acoustical, olfactory and hours of operation are not applicable. There are no adverse effects due to height. The proposed buildings, are set back from the waterfront seawall significant distance to eliminate water view impedance by adjacent properties. The buildings are grouped in 2 bldgs of 3 units each, rather than 3 buildings of 2 units each, which minimizes the amount of structures and their position on the land. The buildings are setback 54 ft from the sidewalk, minimizing C R I G I N A 1!he overall perceived height to residents across Venetian Dr. He- , ight: The roof structure was designed for several reasons. 1. If shade is not provided, residents would likely place either loose and unsecured umbrellas or canvas pergola type awnings on the roof top terrace. By providing a 4= V_lp permanent shade structure, this alleviates the placement of such loose objects, which could become hazards in tropical storm or hurricane winds. c 2. One of the key selling features of this property, other than the waterfront aspect, is the shaded roof top terrace. 3.Each townhome elevator accesses the Roof Terrace and requires and "exit lobby" which is protected from the elements. This roof structure serves that purpose as well. • • f. By adding a roof architectural element to a flat roofed building, keeps the structure more in line with the character of the neighborhood and surrounding ? u'single-family homes by adding the warmth of a roofed home feeling to the v? structure. The roofline provides more character and the look and feel of a house as opposed to a flat roofed/parapet walled commercial building. The roof conceals the elevator shaft, blerrding -it into the overall structure so it does not protrude straight up obtrusively from the flat rooftop. g. Directly across the cove from the waterside of this project, a new single-family stilt home completed in 2005 exceeds 35 feet in height from the ground and 2 ASS more stilt homes are under construction. However, it is unclear as to the proposed heights of the two stilt homes under construction. But, this goes to show that the building heights in the area are increasing to maximize water view. New Residents are demolishing homes to replace the older smaller homes with newer and taller ones. h. Across the cove from the water side of this project within 300 feet and viewable (1ice from all Venetian Drive properties, a new condominium project under construction, Villa Del•Mar, is a total of b floors, well over 50 feet in height. i. The Venetia Cove project total height of 39'9-1/2" feet is more typical of the A,O newer stilt homes currently under construction in the neighborhood. No increase in height is being requested as part of this proposal. No reductions to setbacks, lot area, parking spaces, increases to height are requested. The subject site is zoned MDR as well as the entire north si e o e ian ive w- other surrounding neighbors being LMDR. All along the east (Ft. Harrison is zoned Tourist. The proposed parking area is contained under each unit. rK5 /3A 4C L6 C%J ORIGINAL N V"I CD V A 1 P • • 05/12/2005 16:02 72744680 NORTHSIDE ENG SVID PAGE 02/04 M CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT ` PLANNING & DEVELOPMENT SERVICES ADMINISTRATION fi MUNICIPAL SERVICES 8UII DING, 100-SOUTF -MYRTLE AVENUE, 2m FLOOR' PHONE (727)-562.4567 FAX (727) 562-4576 e (Nam; of all property owhere) 1. That (I amlwe are) the owner(s) and record title holder(s) of the following described property: 2. That this property constitutes the property for which a request for a: (Nature of request) 0 3. That the undersigned (has/have), appointed and (does/do) appolnt/=jk rf? 11)P-7 dl ezu, as (isitheir) agenl(s) to exenute any petlllons or other documants neoeseary 4, That this affidavit has been executed to Induce the City of Clearwater, Florida to consider and act ort the above described property; 5. That (Ilwe), the undersigned authority, hereby certify that t fore olr Is t and correct. Property Owner Property Owner STATE OF FLORIDA, COUNW Oa PINELLAS jjsfqr* me the u demloned, an office, duly co lsslo ed y the le s of ?YIe S to of Florida, an this ? -- day of ? personally appeerad ? ls?C? ?J who having beer f4ret duly sworn dep s and says that he/she fully understands the contents of the affidavit that he/she slgned, Not" Public My C6mmisslon {`xpfres ,C • 9 s: sppacatlon form0dovelepment revlewrAfBdevlt to Authorize Agent I-- .. . it il- wi 2BL5 DOREEN A. INI;-U.AMS MY COMMISSIC " 00 ,55802 iI •OFFo? EXPIRES: Oe:` ,? ,r :,t. 006 1•B0&3-N0TARy FLNotwySQ1 vnding,Inc. OR IGINAL. (Address or eenwel Location) 65/12/2005 16:02 727446803 NORTHSIDE ENG S4 PAGE 03/04 uM CITY OF CLEARWATER 4 AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION Ell MUNICIPAL SERVICES BUILDING, 100 SOUTH•MYRTLE AVENUE. 2"" FLOOR PHONE (727)-582-4567 FAX (717) 5824576 (Name of All proparty ownere 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: (Addrasa or General Lncetion) 2. That this property constitutes the property for which a request for a: ACS (Nature of request) 8. That the undersigned (has/have) appointed and (does/do) appoln z"Ie/ _ _ a9 (hiariheir) agengs io wcacute any petitions or cther dooumants necessary to affaM aUeh patitian,'rOl 10C 4. That this affidavit has been executed to induce the City of Clearwater, Flor.da to consider and a on the above described property; 5. That (11we), the undersigned authority, hereby certify tt h"rbing is true and correct. STATE OF FLORIDA, COLIMY OF PiNELLAS afore ma the undersi ned, an officer duty, camrrissione by tf)e taws gf the State df Plorida, on this J? day of personalty appeared, {?G? ?r L who having been first duty sworn des and says that he/she fully understands the contents of the affidavit hat he/she signed. Notary Public My Commission Expires: O k S: epplloatlon forme/daveiopment review/AfIldevit to Authoriza Agent 4 YVG 00REEf? 4MS A Iwo MY COMMiF : 155862 l I. 0 20015 '?-Oi EXPIRES -.2006 1.800.3-NOTARY FLNotan, ' . .: • .. •.onding, inc. ORIGINAL 05/12/2005 16:02 7274468036• NORTHSIDE ENG SV* LETTER OF AUTHORIZATION PAGE 04/04 This letter will serve as authorization for Housh Ghovaee with Northside Engineering Services, Inc. to-bct--GIs an agent for Ve-116 t'a C,C'yej LL-Lll and to execute any and all documents related to securing permits send approvals for the construction on the property generally located at 1 ?caw-? fan c? ?? 305 V en eNm c Uearwa4rr pine, k5 lying within County, State of F/d'ti 0(a Signature df Property Owner 115 z-)u t15efbr, , CfeetrwGC:fec Address of Property Owner en I. wate r j? City/State/Zip Code State County rt trv? DOREEN A. WILLIAMS ?; MY COMMISSION # DD 155802 ?Or?o: EXPIRES. October 14, 2006 14)D03NOTARY FL Notary Service & Bonding, Inc. (SEAL APOVE) Print Name of Property Owner -7 z-7 - 1--1 g 7 r I?, o D Telephone Number The foregoing instrument was acknowledge before me this day who is personally known to me or who has produced 'J as identification and who did (did not) take an oath, Commission # (CZ // 62-'J? DOREEN A. WILLIAMS 'C OFD cnnnw.....w..... , --- 1-8WS-NOTARY FL Notary Service & Bonding, Inc. Notary Public of Notary Typed, Printed or Stamped) ORIGNAL 05/05/2005 11:07 72744680 NORTHSIDE ENG SVCS w LETTER OF AUTHORtZAT[0N PAGE 09/09 This letter will serve as authorization for Housh Chovaase (agent Name) with NQltthside Ingiueering 311111 *88,1110. to act as an agent for (Prope owner`s Name) ? ?? iy1'i A,a®c,? EI ROO o ( ; And fio execut any and all documents related to•se?e?i#a and' approvals for the construction on the property generally located 1 V utficvk- 4we s?l,ea l wat b, l 33753- (Props Location) PIN1wLLA5 n , S a of FLORIDA. 8ture of o owner r A Print Nerve Of Property Owner , ' ?rt? All ice/ - - - , Address of property owner TIt1e' C(ty/State/Zlp Cade Telephone Number State T e f?regaing Instrument was acknowledge before me this , day County of o ? dog. - hyL _... as who Is personally known to me or who hes produced as ldentlfic?tlon and who did (did not) take an oath, DOREEN A. WILLIAMS y MY COMMISSIQN # OD 155802 \ / ?Q F?o9 EXPIRES: October 14,20M t NOTARY FL Notary Servica88orWing,lnc (Sign ture) J Notary Wubiitt Com'Misslon# % /SJS D J, IL 0 Y 7005 . (SEAL ABOVE) (Name of Notary Typed, Printed or Stamped) 0 R I GINAL DURABLE POWER OF ATTORNEY AND DESIGNATION OF PRENEED GUARDIAN (INCLUDING HEALTH CARE AUTHORITY) I, JOHN P. ARCHER, of 314 Venetian Drive, Clearwater, Florida 33755, which address is my homestead pursuant to Article 10, §4, of the Constitution of the State of Florida, and whose Social Security number is 571-78-7505, appoint my friend, GARY URSO, of 314 Venetian Drive, Clearwater, Florida 33755, my true and lawful attorney ("Agent") for me and in my name, place, and stead: 1. ASSET LEASE OR PURCHASE. To lease or purchase any and all real estate and/or household furniture, fixtures, equipment, supplies, or other personal property (tangible or intangible) owned or' to be owned by me, for such price and upon such terms and conditions as my Agent may deem advisable; to execute, sign, seal, acknowledge, and deliver any lease upon such real estate and/or personal property, and to enter upon or take possession of any real or personal property (tangible or intangible) over which I am entitled to right or possession; to buy United States government bonds redeemable at par in payment of the Federal Estate Tax imposed at my death; 2. ASSET SALE OR TRANSFER. To assign, or sell and convey, any or all of my right, title, and interest in my homestead (which term shall include the present homestead that I now have as described above or any homestead in which I may hereafter acquire any right, title,..or interest) or in any other real estate owned by me or in which I now-have or may hereafter acquire any right, title, or interest, for such price and upon such terms and conditions as my Agent may deem advisable, and to execute, sign, seal, acknowledge, and deliver warranty deeds with the customary covenants and .warrants for said real estate; to execute,. sign, seal, acknowledge, and deliver quit claim deeds and/or to execute and deliver land contracts and/or to accept a real estate mortgage in part and?to do every other thing necessary or proper for carrying into effect any agreement or sale made by my Agent in such manner that all my estate, right, title, or interest in or to said homestead or other real estate may be effectually and absolutely conveyed to the purchaser or purchasers thereof; or to his, her, or their heirs and assigns, forever; to execute, acknowledge, and cause to be recorded any and all bills of sale or other writings that may be necessary or desirable for me to execute, including contracts of sale, in order to convey title to any personal estate owned by me or in which I now have or may hereafter acquire any interest wherever the same may be situated; and to execute, acknowledge, a d sign all GINAL oil PECAREK & HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 1 forms, documents, claims, and desirable, or required in regard or vehicles that I now own or may 0 affidavits that are necessary, to the title to any motor vehicle hereafter acquire; 3. ASSET COLLECTION. To receive and receipt for any and all sums of money or merchandise-or other payments due or to become due to me from any persons or entities; to assign, cancel, and satisfy notes and mortgages; to commence, prosecute, or enforce, or to defend,-answer to, or oppose, all actions, suits, or other legal matters arising from or connected with any and all accounts payable due to or from me in connection with any matters in.which I am or may hereafter be interested or concerned, and also, in the discretion of my Agent, to compromise, refer to arbitration, or submit to judgment in any such action or proceeding in which I may be in any way interested or concerned; 4. DISCLAIMERS. To disclaim, renounce, and forever refuse to accept any right, title or interest in any gift, bequest or distribution to which I might otherwise be entitled, if my Agent deems it advisable; 5. TAX AUTHORITY. To file income tax returns; to settle tax disputes; to make any and all tax elections available to me, and to make, execute, and file on my behalf any federal and/or state income or intangible tax return, declaration of estimated tax required, or tax power of attorney. I hereby request permission from the District Director of the Internal Revenue Service in the Internal revenue district in which I am a legal resident to permit my aforenamed Agent to make, execute, and file the aforesaid returns and declarations; SECURITIES AUTHORITY. To sell, purchase, exchange, convert, tender, trade, and otherwise dispose of in any manner stocks, bonds, debentures, and any other securities; to exercise stock and securities options; to open and close accounts with any dealer of securities; to pay commissions and other fees and expenses in connection with any securities transaction; and to execute stock powers for the purpose of transfer of securities; to vote at all meetings of stockholders of any company and otherwise act as my proxy in respect of my shares of stock or other securities or investments that now or hereafter belong to me, and appoint substitutes or proxies with respect to any of those shares of stock; ORIGINAL PECAREK V HERMAN; CHARTERED -LARGO, FLORIDA (727) 584-6161 Page 2 7. BANKING AUTHORITY. To deposit any and all sums collected or received by my Agent on my behalf in any bank, savings and loan, or credit union account in my name alone or joint with another or any "In Trust For", "Pay.,,on:-eath", or "Transfer on Death" account which I have established for the benefit .of any person; to pay any and all bills, accounts, claims, and demands now or hereafter due from, me; to pay salaries of employees, if any; to draw checks or drafts-upon or to withdraw funds from any and all bank accounts or deposits belonging to me, and all banking and savings and loan institutions are hereby authorized and directed to recognize the signature of my Agent for all purposes in connection with said accounts; to redeem any certificates of deposit; to endorse all checks, drafts, or bills of exchange due or to become due to me; to execute promissory notes-and renewals thereof and to borrow money and to mortgage or create a lien upon all or any portion of any teal estate or personal property now owned or hereafter acquired by me or in which I now have or hereafter acquire any right, title, or interest; to carry on all my ordinary banking business and to act for me in any and all business transactions- of any nature or description in which I am now or have been engaged or interested in the past or may be engaged or interested in the future; to invest and re-invest any moneys belonging to me; to contract with any institution for the maintenance of a safe deposit box in my name; to have access to all safe deposit boxes in my name or with respect to which I am an authorized signatory, whether or not the contract for such safe deposit box was executed by me (either alone or jointly with others) or by my agent in my name; to add to and remove from the contents of any such safe deposit box and to "terminate any and all contracts for such boxes; and to use any credit card held in my name to make such purchases and to sign such charge slips as may be necessary to use such credit cards; 8. HEALTH CARE AUTHORITY. To arrange for, and consent to medical, therapeutical, and surgical procedures including the administration of drugs authorized by F,S Chapter 765 (subsequently amended); 9. MANAGE INDIVIDUAL RETIREMENT ACCOUNTS AND BENEFIT PLANS. To exercise all rights, privileges, elections, and options I have with regard to any individual retirement account; pension, profit sharing, stock bonus, Keogh or other retirement plan; or other benefit or similar arrangement; including, but not limited to making withdrawals; determining forms of payments on behalf of me ORIGINAL- 0 a 206 -L---- PECAREK & HERMAN, CHARTERED RGO, FLORIDA (727) 584-8161 Page 3 , JUL 0 7 2005 or my beneficiaries; making, changing, or .altering .investment decisions; changing custodians or trustees; making or completing rollovers; and making direct "trustee-to-trustee" or similar type transfers of the assets, rights, or other benefits thereof; 10. FUNDING OF TRUSTS.-- To transfer from time to time and any time to the trustee or trustees of any revocable trust agreement or other trust created by me before or after the execution of this instrument, as to which trust I am, during my lifetime, a primary income-and principal beneficiary, any and all of my cash, property, or interests in property, including any rights to receive income from any source; and for this purpose to enter and remove from any safe deposit box of mine (whether the box is registered in my name alone or jointly with one or more other persons) any of my cash or property and to execute such instruments, documents, and papers to effect the transfers described herein as may be necessary, appropriate, incidental, or convenient; to make such transfers absolutely in fee simple or for my lifetime only with the remainder or reversion (of the property so transferred) remaining in me so that such property.will be disposed of at my death by my Will or by the intestacy laws of the state in which I shall die a resident; 11. POWER TO DEMAND AND RECEIVE. To demand, arbitrate, mediate, settle, sue for, collect, receive, deposit, expend for my benefit, reinvest, or make such other appropriate disposition of as my Agent deems appropriate, all cash, rights to the payment of cash, property (real, personal, intangible, or mixed), debts, dues right, accounts, legacies, bequests, devises, dividends, annuities, rights, or benefits to which I am now or may in the future become entitled, regardless of the identity of the individual, or public or private entity involved, including but 'not limited to benefits payable to or for my benefit by any governmental agency or body (such as Supplemental Social Security (SSI), Medicaid, Medicare, and Social Security Disability Insurance (SSDI)) and for the purposes of receiving Social Security benefits, my Agent is herewith appointed my ("Representative Payee") ; to utilize all lawful means and methods to recover such assets and/or rights, qualify me for such benefits, and claim such benefits on my behalf and to compromise claims and grant discharges in regard to the matters described herein; 12. LITIGATION AUTHORITY. To institute, supervise, prosecute, defend, intervene in, abandon, compromise, arbitrate, mediate, settle, dismiss, and appeal from any and all legal, equitable, judicial, or administrative hearings, actions, suits, roceedings, ORIGINAL PECAREK & HERMAN, CHARTERED LAR FLORIDA (727) 584.8161 Page 4 attachments, arrests, or distresses, involving"me in any way, including but not limited to claims by or against me arising out of property damages or personal injuries suffered by or caused by me or under such circumstances that the loss resulting therefrom will or may be imposed on .me,,,and otherwise engage in litigation involving me, my property,--or any interest of mine, including any property or interest or person for which. or whom I have or may have any responsibility; to seek on my behalf and at my expense (a) a declaratory judgment from any court of competent jurisdiction interpreting the validity of this instrument and any of the acts authorized by this instrument, but such declaratory judgment shall not be necessary in order for my Agent to perform any act authorized by this instrument; (b) a mandatory injunction requiring compliance with my Agent's instructions by any person, organization, corporation, or other entity obligated to comply with instructions given by me; and (c) actual and punitive damages against any person, organization, corporation, or other entity obligated to comply with instructions given by me who negligently or willfully fails or refuses to follow such instructions; 13. MEDICAID INCOME TRUST. Create, fund and maintain an income trust pursuant to 42 USC 1396(d)(4)(B) in order to qualify me for medicaid or any other public assistance benefits; 14. GENERAL AUTHORITY. By this Durable Power of Attorney, I intend.to give to my Agent general authority to do and perform all matters and things, transact any and all business, make, execute, acknowledge, and deliver all contracts, orders, " writings, assurances, and instruments that may be requisite or proper to effectuate any matter or thing appertaining or belonging to me or in which I have any interest, and generally to act for me in all matters or any nature or description, affecting my business, property, or personal affairs; the full power and authority to conduct my affairs in like manner as I may conduct them from time to time during my lifetime with full power of substitution and revocation, and with all words herein to be construed in the broadest and most liberal sense to effect this purpose. I hereby ratify and confirm all that my Agent shall lawfully do or cause to be done by virtue hereof; 15. THIRD PARTY PROTECTION. It is hereby declared that everything my Agent shall do or cause to be done under the provisions hereof after revocation of this Power of Attorney shall be valid and effectual in favor of any person or entity claiming the benefit hereof who relied upon this instrument and had no ORIGINAL PECAREK & HERMAN, CHARTERED GIGO, FLORIDA (727) 584-8161 Page 5 7 Y. C. knowledge or notice of such revocation. Additionally, it is hereby declared that no revocation, termination, or suspension of this Power of Attorney shall occur without actual notice thereof to my Agent; no person who relies in good faith on the authority of my Agent under this instrument shall incur any liability to me, my estate or my heirs, successor's, or assigns. In addition, no person who acts in reliance upon any representations my Agent may make as to (a) the fact that my Agent's powers are then in effect; (b) the scope of my Agent's authority granted under this instrument; (c) my competency or capacity at the time this instrument is executed; (d) the.fact that this instrument has not been revoked or amended; or (e) the fact that my Agent continues. to serve as my Agent., •shall incur any liability to me, my estate, or my heirs or assigns for permitting my Agent to eXercise any such authority nor shall any person who deals with my Agent be responsible to determine or ensure the proper application of funds or property by my Agent. Any party dealing with any person named as Agent may rely upon as. conclusively correct an affidavit or certificate of such Agent that (i) my Agent's powers are then in effect; or (ii) the action :my Agent desires to take is within the scope of my Agent's authority granted under this instrument; (iii) I was 'competent and had capacity at the time this instrument was executed; (iv) this instrument has not been revoked; and/or (v) my Agent continues to serve as my Agent. It is hereby declared that if this power of attorney has been made a matter of public record, any revocation, termination, or suspension of this power shall be ineffective unless documentation of such revocation, termination, or suspension is also recorded in the public record of the county or counties where this power has been recorded. This Power of Attorney shall be effective.on the date hereof. THIS DURABLE POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE DISABILITY OF THE PRINCIPAL EXCEPT AS PROVIDED BY STATUTE. Designation of .Preneed Guardian: In the event of the institution of a proceeding for my incapacity, I direct that this instrument be filed with the clerk of the county in such proceeding and thereafter be produced by the clerk•to evidence my expressed desire that my friend, GARY URSO, serve as my guardian should I be adjudicated incompetent or incapacitated. The foregoing designation of a "preneed guardian" is made pursuant to the provisions of F.S. 744.3045. ORGNA.L PECAREK & HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,?76-2, day of ?"e?j/+t9GY 2000. Witness to the execution of JOHN P. ARCHER in his presence and in the presence of each-other: JOHN P. ARCHER Printed Name -. J Printed Name: UUGYSAHR STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this :2--2- day of ? 2000, by JOHN P. ARCHER, who 11 produced his Florida Drive/Z License as identification. tY„ ; `• "y John H. Pecamk ..: MY COMMISSION N CC835000 EXPIRES July 15.2001 BONDED TM M FAIN MOM, INC. i+? 0-1 2005 ORIGINAL PECAREK & HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 7 Planning Department Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ? SUBMIT APPLICATION FEE $__-_____ 9 CASE #: DATE RECEIVED: RECEIVED BY (staff initials): --------- ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: --------------------- SOUTH: -------------------- WEST: ---------------------- EAST: o * NOTE: 15 TOTAL SETS OF INFO I '?VDVELOPMENT PLUS SITE PLAN SETS) QIGINAL FLEXIBLE APPLICAT O (Revised 12/30/2004) ---PLEASE TYPE OR PRINT•-- t, A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS/ iJ E%s.]?_S.__?l T__ry- 8 ` ----------------- PHONE NUMBER,& _ j_403 _ l1,71 ------- F(Ac NUMBER: A/3 J-75- 7 /01 _ _ y - ------ - .-1?/ \Eani+- ' /?c, cze, lJftJ?,d/ l?c?R G -- PROPERTY OWNER(S): s ------------------------------------ (Must include ALL owners as listed on the deed - provide original signature(s) on page 6) AGENT NAME:/' '1__'4'0J??L??T- C?----- MAILING ADDRESS: _6f _ ( _( /0- -1 _ `__ S.C--- ------- PHONE NUMBER: -__?` Y51-_AC2 L--------------- FAX NUMBER: ---------------------- CELL NUMBER: _ -0- ------------- -____- E-MAIL ADDRESS:/,As_ 1'`.'/ IL?.I A [I1?( ff B. PROPOSED DEVELOPMENT INFORMATII?N: (Code Section 4--202.A) STREET ADDRESS of subject sit --f - / v c ?k' _ ---?.------------------------------------------------ - LEGAL DESCRIPTION PARCEL NUMBER: PARCEL SIZE: 03, 3 54_0 I ii Ar (if no lis ed her pleas note the loca ' n of thi document in the submitta PROPOSED USE(S) AND SIZI -------------------- -_________-_____-______________________-_-___-_-______________S ? MKN1 f lTi t! _ rv "^r", t? . 4- -- DESCRIPTION OF REQUEST(S): _S- _ __ _C------------------------------ ?'1 ?__?__?____-------------- Attach sheets and be specific when identifying the request (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) Page 1 of 6 - Flexible Standard Development Application 2005- City of Clearwater (number of dwelling units, hotel rooms or square footage of nonresidential use) ? •' ORIGINA DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES ---- NO ?f yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) V SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) gr'*? Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. -------------- A- - ? f_2 ---------------------------------------------------- - -- - - ------- 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. ---- --------?5?? ------------------ ------------------ ------------------------- 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. A6 -/ -------------------- 4. The proposed development is designed to minimize traffic congestion. -1S>Z--? ---------------------------- ------------------------------- -------- - 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. --------------------------------------------------------------------------------------------------------------------- -- ?.- /,4-/ ---------- -------------------------------- ------------------------ ----- 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. ----------- ----------------------------------------------------------------------------- ? Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver-is requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: {{? ~ , ----------------------------- -_--------------------------------------------- ----------------------------------------- --------- ?? -- ?K? -------------------------------- -- 2 6_-2 ------- At 'J ------------------? f4?- i Y to 1 - ?.?_ . . Page 2 of 6 - Flexible Standard Development Application 2005- City of Clearwater * ORIGINAL E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that invol addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with t City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption this requirement. If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. At a minimum, the STORMWATER PLAN shall include the following: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ___ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ?1 ` OPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL h./ \ (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ? Acknowledgement of stormwater plan requirements (Applicant must initial one of the following): LStormwater plan as noted above is included ________ Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) B//" SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ?A TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing trees; 8' LOCATION MAP OF THE PROPERTY; PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not /deviations to the parking standards are approved; ,Z; GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); Jp_qH,COPY OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): Y . ' ,' J V' _ All dimensions; L\\"&I North arrow; ___ Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; ___ Location map; MAY 26 2005 _ Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; PLO" G" DERI-.1117NENT i All required setbacks; ?/ , All existing and proposed points of access; Cir i Car CL=,^, ,; -.?s:?C All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Page 3 of 6 - Flexible Standard Development Application 2005- City of Clearwater • _ Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; _ All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; _ Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #7011; __ Location of all landscape material; __ Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and ___ Location of all existing and proposed sidewalks. VIISITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; _ Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; _ Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. W REDUCED SITE PLAN to scale (8 % X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: ___ One-foot contours or spot elevations on site; ___ Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); ___ Streets and drives (dimensioned); ___ Building and structural setbacks (dimensioned); ___ Structural overhangs; ___ Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; ___ Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; _ Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; __ Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; __ Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ? REDUCED LANDSCAPE PLAN to scale (8'/3 X 11) (color rendering if possible); A IRRIGATION PLAN (required for level two and three approval); COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive I^ Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. MAY 2 6 2005 PLMIBY!:."d U-rw "?., ['l,ENT Page 4 of 6 - Flexible Standard Development Application 2005- City of Clearw8ter -if f+} -? " 4 .1 ir111 ?.ri C ,# ...... I • • 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part f a Comprehensive Infill Redevelopment Project or a Residential Infill Project. V/8 LDING ELEVATION DRAWINGS -all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 '/: X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) Nt IEXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). +? tl / ? Reduced signage proposal (8 / X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) 11-TART ?JS.f'3 ..,.. ?1-1+ ? Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: ?• R ?n • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. MY OF CL= • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. / Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. 14?6 \Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. L. SIGNATURE: I, the un r gned, acknowledge that all representations made in this applica n re true and accurate to the best of my knowledge and author' a ity representatives to visit and photograph the property descybefi in this application. STATE OF FLORIDA, COUNTY OF PINELLAS n 60 to and subscribed before e this_ day of A.D. 20 to me and/or by --- -- '==,`` ho is personally known has produced N as i ntification. -- ---- ---------- NofWy public, My commission expires: re of property owner or representative a4° DOREEN A. WILLIAMS MY COMMISSION # DO 155802 poi ,f EXPIRES: October 14, 2006 1-800-3NOTAFIY FL Notary Service 8 Bonding, Ima Page 5 of 6 - Flexible Standard Development 05/12/2005 16:02 7274466 NORTHSIDE ENG it PAGE 02/04 CITY OF CLEARWATER ORIGINAL AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2" FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 vefet«, Co??.,1! ?L (Name of alt property owners) That (I am/we are) the owner(s) and record title holder(s) of the following described property: 2. That this property constitutes the property for which a request for a: (Nature of request) 3. g That the undersigned (hasthave), appointed and (does/do) appoint, f1S dL m of other documanv+ necessary to affect 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 (lfwe), the undersigned authority, hereby certify t77E77, Is It and correct. Property owner Property Owner - :STATE OF FLORIDA, COUM OF PINELLAS fora me the undersigned, an officer duly cc [gala ad 4y the te1 s of a State of Florida, on thta'--?? day of personally appeared 41 1 1A , ?1 ?! J who having baer? Pfrst duly sworn do and says that he/she fully understands the contents of the affidavit that he/she signed, My Cbrnmisslon Exp)rese Notary Public S; appacatlon fornWdove[opment revlevWAnlda+At to Authorize Agent MAY 2 6 2005 M DORDOEEN A. ,N'.i_i_iAi4S j A, MY cOMMISSICa 'C? 155802 EXPIRES:Oc' a;r 2006 1-WO-3-NOTARY FLNotary &; .......f :Wing, lnc. '11rl7 }A yyr+y.nw 71, n'FrN (Address or General Location) 05/12/2005 16:02 72744685 NORTHSIDE ENG IS PAGE 03104 ORIGINAL u . CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 1 OO 'SOU'PH MYRTLE AVENUE. 2" FLOOP, PHONE (727)-562-4567 FAX (727) 562-4576 ro h A"01, a-t4 GGAI-j r50 (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: -:3 1H V6vi e?4,tAbrLvre, OV earwwv ey- Honda- 7 s (Address or General Lmmt!on) 2. That this property constitutes the property for which a request for a: (Nature of request) 3. hat the undersigned (hasNve) appointed and (does/do) appoln,, ??//d At (nisllhelr) agent(s) to execute any pemians or other documents necessary to affeLY such potttlon; oe 47« J&(, NCO 174 ADJ je& 4. That this affidavit has been executed to induce the City of Clearwater, Flo ' a to consider and acl? on the above described property; 5. That (11we), the undersigned authority, hereby certify t &1? e flirt ng is true and correct. ivpm y ti••nvi STATE OF FLORIDA, COUNTY OF PINELLAS a-<<4 afore me the undersigned, an otflcer duty cam??TT Issiona by /a laws f th ) State of P orida, on this ?.S day of personally appearetJQj?„? iC? who having been first duly sworn ds s and says that he/she fully understands the contents of the affidavit that he/she signed. MyCSmmisslan Exp(res: Notary Public ??rv ..., DOREEN 1MS S: eppiloatian formsidevelopment review/Afrydavit to Autharize Agent. 4 1 ?W# MYCOMMIE. 155802 ?oiie EXPIRES 2006 iJ U l_ _1 J v J 14e0P3NOTARY FL Natarr, :coding. Ino. .?. MAY 2 6 2005 PLS 7.11. 110-1 r;-- I i rra -Y? s • Exhibit "A" ORIGINAL Venetia Cove, LLC 348 Venetian Drive, Clearwater Flexible Standard Development Application Description o Request: To raze a one-story single family home and construct six townhomes with site improvements. No reductions are being requested. Written Submittal Requirements: 1. The proposed project is residential. The surrounding area is currently single-family p homes running along Venetian Drive and Sunset Drive and hotels location to the east on Ft. Harrison. In speaking with neighbors, there are no opposing residents. The project will be in harmony with the character of adjacent and surround uses. 2. The proposed development will be a welcomed addition to the neighborhood. The proposed development will be meeting all setbacks and height requirements with lush landscaping and will only increase the value of adjacent buildings. 3. The proposed development cannot adversely impact the health or safety of persons within the neighborhood as this is a residential use, all parking and retention is being provided on site and all setback requirements are being met. 4. The proposed development is designed to minimize traffic congestion as all required parking is being provided on-site and parking drive aisles and spaces meet code requirements. 5. The proposed development is consistent with the community character is this is a residential use project and will not exceed the number of units allowed on site based on the lot area. 6. All site triangles are being met, the front building setback is 25' leaving plenty of room for lush landscaping which will give a tropical visual appeal, parking will be contained under the garages (not visible from street) and being residential, the acoustical, olfactory and hours of operation are not applicable. Flexibility Criteria: n 1. No increase in height is being requested as part of this proposal. 2. No reductions to setbacks, lot area, parking spaces, or increases to height are requested. The subject site is zoned MDR as well as tTe enti- r orth side of Venetian Drive with all other surrounding neighbors being LMDR. All along the east (Ft. Harrison is zoned Tourist. 3. The proposed parking area is contained under each unit. vu: MAY 2 6 2005 05/1212005 16:02 727446806 NORTHSIDE ENG Sf PAGE 04104 LETTER OF AUTHORIZATION ORIGINAL This letter will serve as authorization for .Roush, Ghovaee with Northside . L ? Engineering Services, Inc. to act as an agent for &fhCaveC and to execute any and all documents related to securing permits and approvals for the construction on the property generally located at J and a? 30-9 Vt en eN;1))it 0-I-WwA?vc Print Name of Property Owner pm-e-&5 County, State of Fluid a Signature of Property Owner 175 1 z.,> y ins??"'t> (-, , CI-en rwaleIr Address of Property Owner City/State/Zip Code state County ?'grvu, DOREEN A. WILLIAMS e MY COMMISSION # DD 155802 ?Wrl%- EXPIRES: October 14, 2008 1-8003NOTARY FL Notary Service & Bonding. Inc. (SEAL ABOVE) 77-?- HL4 -1-- Igo D Telephone Number The foregoing instrument w s acknowledge before me this?? day o ckf?' b , as who is personally known to me or who has produced X) "0-- as identification and who did (did not) take an oath, lying within Notary Public Commission* tC e DOREEN A. WILLIAMS 1-800-&NOTARY FL Notary Service & Bonding, Inc. MAY 2 6 2055 me of Notary Typed, Printed or Stamped) 73-1 #C, ?.a 05/05/2005 11:07 7274406 NORTHSIDE ENG&S PAGE 09/09 ORIGINAL M LETTER 13F AUTHORIZATION This letter will. serve as authorization for Woush Chovaes (agent Name) with Ne rMside KnNlneering Services, Inc. to act as an agent for 0 (PmpenyrOwners Name) Po61C And to execut any and all documents related to.s pem"#s and approvals for the construction on the property generally located -319 V?? 1cc rtiU? ?l-ea ?,wa;U t?l 3 ? 75.E (Prop" LOCatIOn) PINEL AS n , S e of FLORIDA. ature of op Owner Print Name Of Property Owner , Address of Property Owner Title' --- - CitylStatelZlp Code Telephone Number stateVf tea, A/ T e foregoing Instrument was acknowledge before me this • ? day County of 7 "G%-" 14-1? a 2Q:L-2 bY? , as ?Jx-11 who is personally known to me or who has produced as ldentlWfion and who did (did not) take an oath. DOREEN A. MLLIAMS MY COMMISSIQN # DD 155802 EXPIRES: October 14, 2008 wY FL Notary Service $ Bordng Im i Notary Public ACS n tore) Commisslon * (SEAL ABOVE) (Name of Notary Typed, Printed or Stamped) MAY 2 6 2005 0 ORIGINAL DURABLE POWER OF ATTORNEY AND DESIGNATION OF PRENEED GUARDIAN (INCLUDING HEALTH CARE AUTHORITY) I, JOHN P. ARCHER, of 314 Venetian Drive, Clearwater, Florida 33755, which address is my homestead pursuant to Article 10, §4, of the Constitution of the State of Florida, and whose Social Security number is 571-78-7505, appoint my friend, GARY URSO, of 314 Venetian Drive, Clearwater, Florida 33755, my true and lawful attorney ("Agent") for me and in my name, place, and stead: 1. ASSET LEASE ORPURCHASE. To lease or purchase any and all real estate and/or household furniture, fixtures, equipment, supplies, or other personal property (tangible or intangible) owned or to be owned by me, for such price and upon such terms and conditions as my Agent may deem advisable; to execute, sign, seal, acknowledge, and deliver any lease upon such real estate and/or personal property, and to enter upon or take possession of any real or personal property (tangible or intangible) over which I am entitled to right or possession; to buy United States government bonds redeemable at par in payment of the Federal Estate Tax imposed at my death; 2. ASSET SALE OR TRANSFER. To assign, or sell and convey, any or all of my right, title, and interest in my homestead (which term shall include the present homestead that I now have as described above or any homestead in which I may hereafter acquire any right, title, or interest) or in any other real estate owned by me or in which I now have or may hereafter acquire any right, title, or interest, for such price and upon such terms and conditions as my Agent may deem advisable, and to execute, sign, seal, acknowledge, and deliver warranty deeds with the customary covenants and warrants for said real estate; to execute, sign, seal, acknowledge, and deliver quit claim deeds and/or to execute and deliver land contracts and/or to accept a real estate mortgage in part and to do every other thing necessary or proper for carrying into effect any agreement or sale made by my Agent in such manner that all my estate, right, title, or interest in or to said homestead or other real estate may be effectually and absolutely conveyed to the purchaser or purchasers thereof; or to his, her, or their heirs and assigns, forever; to execute, acknowledge, and cause to be recorded any and all bills of sale or other writings that may be necessary or desirable for me to execute, including contracts of sale, in order to convey title to any personal estate owned by me or in which I now have or may hereafter acquire any interest wherever the same- may be situated; and to execute, acknowledge, a d sign all MAY 2 6 2005 PECAREK 8 HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 1 • • ORIGINAL forms, documents, claims, and affidavits that are necessary, desirable, or required in regard to the title to any motor vehicle or vehicles that I now own or may hereafter acquire; 3. ASSET COLLECTION. To receive and receipt for any and all sums of money or merchandise or other payments due or to become due to me from any persons or entities; to assign, cancel, and satisfy notes and mortgages; to commence, prosecute, or enforce, or to defend, answer to, or oppose, all actions, suits, or other legal matters arising from or connected with any and all accounts payable due to or from me in connection with any matters in which I am or may hereafter be interested or concerned, and also, in the discretion of my Agent, to compromise, refer to arbitration, or submit to judgment in any such action or proceeding in which I may be in any way interested or concerned; 4. DISCLAIMERS. To disclaim, renounce, and forever refuse to accept any right, title or interest in any gift, bequest or distribution to which I might otherwise be entitled, if my Agent deems it advisable; 5. TAX AUTHORITY. To file income tax returns; to settle tax disputes; to make any and all tax elections available to me, and to make, execute, and file on my behalf any federal and/or state income or intangible tax return, declaration of estimated tax required, or tax power of attorney. I hereby request permission from the District Director of the Internal Revenue Service in the Internal revenue district in which I am a legal resident to permit my aforenamed Agent to make, execute, and file the aforesaid returns and declarations; 6. SECURITIES AUTHORITY. To sell, purchase, exchange, convert, tender, trade, and otherwise dispose of in any manner stocks, bonds, debentures, and any other securities; to exercise stock and securities options; to open and close accounts with any dealer of securities; to pay commissions and other fees and expenses in connection with any securities transaction; and to execute stock powers for the purpose of transfer of securities; to vote at all meetings of stockholders of any company and otherwise act as my proxy in respect of my shares of stock or other securities or investments that now or hereafter belong to me, and appoint substitutes or proxies with respect to any of those shares of stock; MAY 2 6 2005 ....?, ?.. ,._ _ PECAREK 8 HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 2 ORIGINAL 7. BANKING AUTHORITY. To deposit any and all sums collected or received by my Agent on my behalf in any bank, savings and loan, or credit union account in my name alone or joint with another or any "In Trust For", "Pay on Death", or "Transfer on Death" account which I have established for the benefit of any person; to pay any and all bills, accounts, claims, and demands now or hereafter due from me; to pay salaries of employees, if any; to draw checks or drafts upon or to withdraw funds from any and all bank accounts or deposits belonging to me, and all banking and savings and loan institutions are hereby authorized and directed to recognize the signature of my Agent for all purposes in connectidn with said accounts; to redeem any certificates of deposit; to endorse all checks, drafts, or bills of exchange due or to become due to me; to execute promissory notes and renewals thereof and to borrow money and to mortgage or create a lien upon all or any portion of any real estate or personal property now owned or hereafter acquired by me or in which I now have or hereafter acquire any right, title, or interest; to carry on all my ordinary banking business and to act for me in any and all business transactions- of any nature or description in which I am now or have been engaged or interested in the past or may be engaged or interested in the future; to invest and re-invest any moneys belonging to me; to contract with any institution for the maintenance of a safe deposit box in my name; to have access to all safe deposit boxes in my name or with respect to which I am an authorized signatory, whether or not the contract for such safe deposit box was executed by me (either alone or jointly with others) or by my agent in my name; to add to and remove from the contents of any such safe deposit box and to terminate any and all contracts for such boxes; and to use any credit card held in my name to make such purchases and to sign such charge slips as may be necessary to use such credit cards; 8. HEALTH CARE AUTHORITY. To arrange for and consent to medical, therapeutical, and surgical procedures including the administration of drugs authorized by F.S Chapter 765 (subsequently amended); 9. MANAGE INDIVIDUAL RETIREMENT ACCOUNTS AND BENEFIT PLANS. To exercise all rights, privileges, elections, and options I have with regard to any individual retirement account; pension, profit sharing, stock bonus, Keogh or other retirement plan; or other benefit or similar arrangement; including, but not limited to making withdrawals; determining forms of payments on behalf of me MAY 2 6 206 PECAREK 8 HERMAN, CHARTERED GO, FLORIDA (727) 584-8161 Page 3 ORIGINAL or my beneficiaries; making, changing, or altering investment decisions; changing custodians or trustees; making or completing rollovers; and making direct "trustee-to-trustee" or similar type transfers of the assets, rights, or other benefits thereof; 10. FUNDING OF TRUSTS. To transfer from time to time and any time to the trustee or trustees of any revocable trust agreement or other trust created by me before or after the execution of this instrument, as to which trust I am, during my lifetime, a primary income and principal beneficiary, any and all of my cash, property, or interests in property, including any rights to receive income from any source; and for this purpose to enter and remove from any safe deposit box of mine (whether the box is registered in my name alone or jointly with one or more other persons) any of my cash or property and to execute such instruments, documents, and papers to effect the transfers described herein as may be necessary, appropriate, incidental, or convenient; to make such transfers absolutely in fee simple or for my lifetime only with the remainder or reversion (of the property so transferred) remaining in me so that such property will be disposed of at my death by my Will or by the intestacy laws of the state in which I shall die a resident; 11. POWER TO DEMAND AND RECEIVE. To demand, arbitrate, mediate, settle, sue for, collect, receive, deposit, expend for my benefit, reinvest, or make such other appropriate disposition of as my Agent deems appropriate, all cash, rights to the payment of cash, property (real, personal, intangible, or mixed), debts, dues right, accounts, legacies, bequests, devises, dividends, annuities, rights, or benefits to which I am now or may in the future become entitled, regardless of the identity of the individual or public or private entity involved, including but not limited to benefits payable to or for my benefit by any governmental agency or body (such as Supplemental Social Security (SSI), Medicaid, Medicare, and Social Security Disability Insurance (SSDI)) and for the purposes of receiving Social Security benefits, my Agent is herewith appointed my ("Representative Payee") ; to utilize all lawful means and methods to recover such assets and/or rights, qualify me for such benefits, and claim such benefits on my behalf and to compromise claims and grant discharges in regard to the matters described herein; 12. LITIGATION AUTHORITY. To institute, supervise, prosecute, defend, intervene in, abandon, compromise, arbitrate, mediate, settle, dismiss, and appeal from any and all legal, equitable, judicial, or administrative hearings, actions, suits, roceedings, MAY 2 6 2005 PECAREK 8 HERMAN, CHARTERED LAR FLORIDA (727) 584-8161 Page 4 • • ORIGINAL attachments, arrests, or distresses, involving me in any way, including but not limited to claims by or against me arising out of property damages or personal injuries suffered by or caused by me or under such circumstances that the loss resulting therefrom will or may be imposed on me, and otherwise engage in litigation involving me, my property, or any interest of mine, including any property or interest or person for which or whom I have or may have any responsibility; to seek on my behalf and at my expense (a) a declaratory judgment from any court of competent jurisdiction interpreting the validity of this instrument and any of the acts authorized by this instrument, but such declaratory judgment shall not be necessary in order for my Agent to perform any act authorized by this instrument; (b) a mandatory injunction requiring compliance with my Agent's instructions by any person, organization, corporation, or other entity obligated to comply with instructions given by me; and (c) actual and punitive damages against any person, organization, corporation, or other entity obligated to comply with instructions given by me who negligently or willfully fails or refuses to follow such instructions; 13. MEDICAID INCOME TRUST. Create, fund and maintain an income trust pursuant to 42 USC 1396(d)(4)(B) in order to qualify me for medicaid or any other public assistance benefits; 14. GENERAL AUTHORITY. By this Durable Power of Attorney, I intend to give to my Agent general authority to do and perform all matters and things, transact any and all business, make, execute, acknowledge, and deliver all contracts, orders, writings, assurances, and instruments that may be requisite or proper to effectuate any matter or thing appertaining or belonging to me or in which I have any interest, and generally to act for me in all matters or any nature or description, affecting my business, property, or personal affairs; the full power and authority to conduct my affairs in like manner as I may conduct them from time to time during my lifetime with full power of substitution and revocation, and with all words herein to be construed in the broadest and most liberal sense to effect this purpose. I hereby ratify and confirm all that my Agent shall lawfully do or cause to be done by virtue hereof; 15. THIRD PARTY PROTECTION. It is hereby declared that everything my Agent shall do or cause to be done under the provisions hereof after revocation of this Power of Attorney shall be valid and effectual in favor of any person or entity claiming the benefit hereof who relied upon this instrument and had no MAY 2 3 205 PECAREK 8 HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 5 0 IRIGINAL knowledge or notice of such revocation. Additionally, it is hereby declared that no revocation, termination, or suspension of this Power of Attorney shall occur without actual notice thereof to my Agent; no person who relies in good faith on the authority of my Agent under this instrument shall incur any liability to me, my estate or my heirs, successors, or assigns. In addition, no person who acts in reliance upon any representations my Agent may make as to (a) the fact that my Agent's powers are then in effect; (b) the scope of my Agent's authority granted under this instrument; (c) my competency or capacity at the time this instrument is executed; (d) the fact that this instrument has not been revoked or amended; or (e) the fact that my Agent continues to serve as my Agent, shall incur any liability to me, my estate, or my heirs or assigns for permitting my Agent to exercise any such authority nor shall any person who deals with my Agent be responsible to determine or ensure the proper application of funds or property by my Agent. Any party dealing with any person named as Agent may rely upon as conclusively correct an affidavit or certificate of such Agent that (i) my Agent's powers are then in effect; or (ii) the action my Agent desires to take is within the scope of my Agent's authority granted under this instrument; (iii) I was 'competent and had capacity at the time this instrument was executed; (iv) this instrument has not been revoked; and/or (v) my Agent continues to serve as my Agent. It is hereby declared that if this power of attorney has been made a matter of public record, any revocation, termination, or suspension of this power shall be ineffective unless documentation of such revocation, termination, or suspension is also recorded in the public record of the county or counties where this power has been recorded. ' This Power of Attorney shall be effective on the date hereof. THIS DURABLE POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE DISABILITY OF THE PRINCIPAL EXCEPT AS PROVIDED BY STATUTE. Designation of Preneed Guardian: In the event of the institution of a proceeding for my incapacity, I direct that this instrument be filed with the clerk of the county in such proceeding and thereafter be produced by the clerk to evidence my expressed desire that my friend, GARY URSO, serve as my guardian should I be adjudicated incompetent or incapacitated. The foregoing designation of a "preneed guardian" is made pursuant to the provisions of F.S. 744.3045. I FJ MAY 2 3 1005 !?15 711 PECAREK & HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 6 • ORIGINAL IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of eLbiAant ttU 2000. Witness to the execution of JOHN P. ARCHER in his presence and in the presence of each other: l - I& JO£?N P. ARCHER Printed Name : SUSAN ?"J Printed Name:R STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this :2Z day of , 2 0 0 0 , by JOHN P. ARCHER, who produced his Florida Drive/ License as identification. John H. Pecarek MY COhOufISS10N N CC63= EXPIRES July 15, 2001 '?P ,h••` BOWED THRU TRDY FARE 9SURMICE. INC. MAY 2 3 1005 Qjyt: PECAREK & HERMAN, CHARTERED LARGO, FLORIDA (727) 584-8161 Page 7 • ORIGINAL KAM F. DE HLAK s CLERK OF C4l1RT tPAGES ( PlNt:UX MY. FLARI1ft c?A r,A 7 - g1' OO 03-47-2003 10:59:10 , Ua ? 51 D04MM &ARDEN _ 011640 ?C]fi2t9?? _ 3:0309119B SUM &6:0347 M:0347 lz nt to: Os - • + RECNIN5 007. PAS 1 $640a $ - DOC GIMP - DR219 3 Vb540.00 6z3 EastTerpon Avrmuv, ft w p - Iarpan sprltlgs, Plr 34689 rolAl . U= llpBL l?; W,546.00 CHjC A1.TEliDht $1s5Gb.oa II / 9 Or=tw: VQr *Ua Cove, LX,C -0 K LOO BY L l DkY (Tax Parcel No. 04129IW614800110100) 6"1'ECIALWPi?1,tAS'1TYDED PINELLRS CO SK 71E514 PG 3N IUIVIU?IIIVl118f1lglVNlglll?llgUqll 'l MS SIMOXAL WARRANTY DIMA made, this z7W day or-'e` Fi-x y, 2003,_b Ve r9n_- - - - Gardea Apartments, L,L,C:., a PloAda limited liability coMpaay, wtosa address is 804 North Seloher 11oud, Suite 700; Clottrwvater, FWAida 53765, (as "Gruatur"}, and Venetia Cove, LL.C., whose address is 1754 SunsetDrive, Clearwatio, Florida, 33755, (as doGratee°). WXTNLSSEZ'A dart grantor, for and is eomideradon at tbo == of Ten Dollars (510.00) acid other good and valuable eonsidcmdog, to 0=tor in band paid by grantee, the raoeipt of which is hereby sohowledgod, hemby grants, burb*ains; salts and convoys to Oraatw and G'rantee's heirs, catautors, admiu 4vators, and assigns foxaver, the following dwonbed laud, (the "ProparW*), situated is p acllas County, Florida: WoO 35 feet of Lot 9 and Lot 10, Mock 1, Iced the west 0.60 fact of Lot 10, Nortb Sbore Park, as recaxded 3a Plat Book 003, Pogo 10, public records of Pinellas County, Florida TO AA.'V'E AND TO BOLD tho samme it for, simple forovror. CYmtor oovtzaztb with Orantcc that Oraator is lawfaUy,seiaed of the Property in fee simple; that Orantor has good right and lawful authority to on and convey the Propwy; inn: Cirarltor Lw'aby, does 1ltlly warrant title to the Property and will dofead same aZainst lawful claims of all porsous claiming by, througL6 or under orantor. T40 copveyarlca made hwcia is wades subject to: w tout c?tuto yea auu itififGt75tIIef1L'ti, vow gvwjmu emu spoulu, wluca am a Up our are UQC yet due and poytlblpi b. leases, easemoats, aavertants, resiriotiona, rasarvatiorts and 00nditions of rc90rd, if aAy, and c. Girantoa ,ttaay not erect a fonoo or other structure higher than 4 feat 04 the northernmost 38 tL,et or tun wasters Doawary =a or wo rropany. uAG"AWt uuu vratAwrouvccunvrs ana asw,gna resorvo tea nxotustve right 10 use flee area in the wrttdr located 16.5 foot to flue east of the dock oua,sntly located in the water to the nor& of t'ba acljoiuing realty (on Lot 11), =d 0=t66 will not impede or otherwise obstract such aroa. a ,?aese resttseisons seats run with tqs land. IN WIT"S" VVB=0 , Grantor has aignod and scaled thcso prosoats the day and year feast above written. Venetian G as Apartments, L.L.C. . C?t'antor $y: Stavms 1^i?irides, lt^lacagdr 'Z'lto foragolal; ixistrument woe, ao&trowiedged bofoze Lela this Z7a` day P el?xuary, 2003, by Voilodau Garden A.pnt Cdcteltts, L I .C., by sad tluougl? lts 1vl Stavros TYn o rsonall lay°wn to me or who groducod idrrttiFcati ,,?;.l,. REACcoALLU9H otalyPub 'c • to 0 1?londa nrrcaeoaseoreroeos4esQ My commission expires: FxP?He9:Nrdtt3?i '+Yat umtn,?wpaw?ySuwN . Dood MAY 2 6 2005 OF CU21A 4 00 /7.A -4nu,4 STATE 017 P"1:i0121:pA - - COUNW OF PIIUZT,,ra,S 0 0 ORIGINAL 1# GN0d N0IJN3.L3?L h13N KORN-713?L Al 3iV t? AY 2 3 2005 i IVY JL. ...?«/?-rCJ-L?\IYVII??T MY OF Cdr -7-7 7777 ORIGINAL WN,rrakity Deed (Individual) - JAZV 16, 1998 5'; IIPM ?y t RETURN TO 0; GARY W. LYONS, ESQURE PREPARED SYv 14crurland, Gould, Lyous & Sullivan, PA. P I NEL LAS COUNTY F LA . 311 S. Missouri Avenue OFF . RM SK ' 9 9 6 5 PG 2459 Clearwater; Mori" 546164 Tax Parcel No. 04.29-15.61488.001-0080 t Grasntor'a Name.. DENNIS H. HLNEGAR ' y?YCa'?k.1ltLG Grantee's Nit . JOHN ARCHER 3 00 715 ,Grantee's lane: . GARY URSO DtiC M - IN219 111 0 .0 ' Property Address:' 514 Venetian Prli've, Clearwater, FL 34616, Mu f,W?yT fh R,la mi 411M.50 wvvip?i' 0. WV WARRANTY DEED r ' ThLs lndentu?, atads this ,_5 da 1 J'cnuau7, A.D.,1998, Batas co DENIMS 1' Lc?VEG and JAC ELINE L, REXEGAR, his #/ X v I Tt C,i 6ir it' r"a?6r?1`Ct ? _ ? wifesepost office address is., (hereinafter referred to as "Grantor"), ,-AND- JO)W ARC1JA'ft,. o' iiligle person and CARY URSO, a single person, as joint tenants with right of survivorship,- whose post dtfice address is; '314 Venetian Dritw,. Clearwater, FL 34616 (fter+eirtafter rererreti ?o as '"u'r,Mf{LGr. ?. • WTX' ES'1M That said ®rantor, for and in consideration of the sum of TEN A1V'D 0(0/ 100'5 ($10.00) Dollars and other gout{ ana ualuatate 4?On8itterattpn to sotac trronwr cn stand pats G y sat" Grantee, the receipt whereof is hereby acknowle4ed, has granted. barecti led and sold to the Grantee and Grantee's heirs and assignees foreltr the.fallowing described land situate, lying and being in Pinellas County, lizorida, w-wit. Tl3.? 1? n'qt ?!? fk?et.M._f. tnt ?, oil of C.,ot S. and the East 15 feet of Ut 9, all in Block 1, NORTH SHORE PARK SUBDIVISION, aceor=g ta,map or p4at wivrcui are s-wgua, in Plat Rook 3 page 10, of the public Records' of Pinellas County, Florida; being further desclribed as follows; ; begin at a point as NOT, zaez of tae Doutaeast curaaer ui >iut a lucuwu us cut i*UuVitr:rl? 01 'x' SC Et:,' boundary of Lot 7 from said point of'beginrung thus established, run thence North REC parallel to the Bast boundary of Lot 7, 224; feet, more or leas, to the northern part of a DS l I N concrete tapped retaining wall; thence along the northern boundary of said retaining NT _ wall westerly, a distance of:100 feet to. a point on the northerly eatatisiou of a line 15 F 1,71 feet West-of the West litre of lAt 8; thence southerly on a line, 15 feet Weat of the West boundary line bf Lot 8, and para31s1 with the said West'line o€ Lot 8 to a point, which point is 15 feet West of the soutbwest corner of Lot 8, thence easterly 100 feet to the 1MV ... -_ .,_ POINT OF BEGINNING; TOOSTHER. WITH all water and riparian rights owned by the grantors in any way connected with or appertahting to the said described property it--Subiject to Beat property trr= for the year nyyar ana suosequent yeuro. 0"Cgc?'4' W 4YV + GL4.YCffiGli?l r O0100 V04W461, ? 064.9 l.'Ir4V 4*' µ'114M V V V W L" L *01 V1 I 9;1,V1 u. ' 15r And said Grantor dm hereby fully cvaritffl'the tttte'to'8p1#ti1444 and writ deftnd-thr same against the lawful claims of all person* whomm,ever. ' 000Wr,9++a:tr y 1.:.1 Pty. f.-... 7 1.?? ,??? F ?a ?ra?;c?, ? ,f•6'?,5 ?.,'?? - ? ??? 2 ? 2005 Z "A „Lyopt?'y Gvsk 'n r 6Y tiro /cn -nn" i r ? ORIGINAL I,? PTNLLLAS couxw FLA,. QrF.REC.sx 9965 PG 246:0 "( rwulkir"wtd "Gra?uae"tire uresd for. 4Wulw orpkuW, a# coWgA hV ' -nr. ?. Gr?walor /ias l cwAnte set Camator's hww mad seal me day wad your fuw above wrimm r' 1'siat N? r tata'+b . .?.... PM p P?At.Name-, ` I? i?EAiFfiAR STA'S CAF. FwRWA COUNTY' OF PINILL•AS ?'irtsnt araaar acan+orvle?d{?ed bapror+Q t/ar. : la9a,, by ma or Z.9$8,. by X)?a" NXS A:. SFN.+ u and JAC4?C1?C HENEGAI? Who im/ kraowix ' l+ot proal+kaer? o dr tuew?'r lirarn?e au idisnti rt t*rid Who''" fain n apa?tA. Notary Plena Phut $&Oe: my cmmireaaa zxpiiw.. Coca - Numba., • ? d YM, LttONR ' ' upm JrMJ?p % M •IIF'11M iint MN7 fMMa l?a'MR 2005 V 2- L 1 3 agree to sell and buy on the terms and conditions specified below the property describ d as: 0,W lL(i? ?.G*4V4A A7tW ?C -- 4' Address: 3 f/l ET/ 5' County: 6' Legal Description: 7- Tax ID No: NJ kA I _ ("Seller") ("Buyer") $ together with' improvements and attached items, i , s f he only otWr item included in t4e 10' purchase are:- 'Z/ 13' The foliowipg,attaghed items are excluded from the purchase: 14' 15 The real and personal property described above as included in the purchase is referred to as the "Property" Personal property list `r` , 16 in tPi G&W ict is?in-cluded,in-the purchase price, has no contributory value and is bel 9 I for Seller 's c mice. . v ?.?v•?i.v.rr./r_-,-4,-,?ufS?V? I D FINANCING "Y 17 18' 2. PURCHASE'PRICE i?tn? • $ payable by Buyer in U.S. currency as fdllowsf A 19' (a) $ Deposit received (p ecks are subject to clearance) by 20' l for &jW 1JC4iL7W IE2Escrow Agent")? 21 ?- Signature Name of kompany 22' (b) $ Additional deposit to be made by U-poN 4--cf-MM74?C-fr- or days 23 from Effective Date. 24' (c} SO,a Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) 25' (d) $ Other: 26' (e) $f?¢ iA-AC F- Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid 27 at closing must be paid by locally drawn cashiers check, official bank check, or wired funds. 28' 3. FINANCING: (Check as applicable) [I (a) Buyer will pay cash for the Property with no financing contingency. ? , 29' This Contract is contingent on Buyer qualifying for and obtaining (1) and/or (2) below (the "Financing") by 1//0 30' (if left blank then Closing Date or within 30 days from Effective Date, whichever occurs first) ("Finan i g Period"): 31' ?(1) A commitment for nevv?conventional[]FHADVA financing for $ or % of the purchase price (plus 32 any applicable PMI, MIP, VA funding fee) at the prevailing interest rate and loan costs (if FHA or VA, see attached addendum). 33' ?(2) Approval for Seller financing or assumption of mortgage (see attached addendum). 34' Buyer will apply for Financing within days from Effective Date (5 days if left blank) and will timely provide any and all credit, 35 employment, financial and other information required by the lender. Either party may cancel this Contract if () Buyer, after using 36 diligence and good faith, cannot obtain the Financing within the Financing Period or cannot meet the terms of the commitment by 37 the Closing Date, or (ii) the Financing is denied because the Property appraises below the purchase price and either Buyer elects 39 not to proceed or the parties are unable to renegotiate the purchase price. Upon cancellation, Buyer will return all Seller-provided 39 title evidence, surveys and association documents and Buyer's deposit(s) will be returned after Escrow Agent receives proper 40 authorization from all interested parties. 41 CLOSING -3/-31 ()? 42' 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on 43 ('Closing Date"), unless extended by other provisions of this Contract. The Property will be swept clean and Seller's personal items 44 removed on or before Closing Date. If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days 45 after the insurance suspension is lifted. 46 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted by 47 electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and recording of 48 Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 49 19. In addition to other expenses provided in this Contract, Seiler and Buyer will pay the costs indicated below. 50 (a) Seller Costs: Seller, will pay taxes and surtaxes on the deed and recording fees for documents needed to cure title; certified, 51 confirmed and ratified special assessment liens and, if 52' 2 f tf'1P.2CSP_CFrT1P.nL_ s3' ° e o - estroying organisrMri wagaR; 9V 55' Buyer MOV10 and Sel nowledge receipt of a copy of this page, which is Page 1 of 6 Pages. FAR-6 ,2000 da Associat' of RFALTonsO All Rights Reserved / of l 0 • • ORIGI • 0 ORIGINAL 1" The clauses below will be incorporated into the Contract between (Seller) 2' 'and (Buyer) concerning the Property described as 3' only if initialed by all parties: 4 MISCELLANEOUS CLAUSES 5• ( N. Unimproved and/or Agricultural Property: If the Property is an unimproved parcel of land 6' and is intended to be improved for residential or other purposes, Buyer has days, through consultation with 7 appropriate public authorities or otherwise, to be satisfied that either public sewerage and water are available to the Property 8 or that the Property will be approved for the installation of a well and/or private sewerage disposal system and that existing 9 zznd of er pe 'nent regulations, including concurrency, allow Buyer's intended use of the Property. 10• O. Interest-Bearing Escrow Account: All deposits will be held in an 'nterest bearing escrow 11' account with a accr interest to be paid to L'DI'?il?1?t dy[ W LTr 07= ZYwtE 2144 at 12 closing. Depos s will accrue interest only from the date the bank receives and credits them through the date Escrow Agent is 13 notified that the transaction is scheduled for closing and the funds are transferred. Escrow Agent is authorized to deduct a 14• $ service charge from the earned interest before disbursing the funds. 15" (_? (^? - (_)(_) R Back-up Contract: (Check whichever applies) 16' ? (1) This back-up Contract is subject to the, termination of a prior executed contract between Seller and a third party for 17 the sale of the Property. If the prior executed contract is terminated and Seller delivers written notice of the termination to 18• Buyer before 5:00 p.m. on , this contingency will be removed and this back-up 19 Contract will move into first position. If Buyer does not receive notice of the prior contract's termination by the above 20 deadline, Buyer may cancel this back-up Contract at any time and Buyer's deposit will be refunded. 21' ? (2) Seller will have the right to continue to show the Property and solicit and enter into bona fide back-up purchase 22 contracts with third parties that are subject to the termination of this primary Contract. Upon entering into a back-up 23 contract, Seller will give Buyer a copy of the back-up contract with the third parties' identification and purchase price 2: information obliterated. To continue with this primary Contract, Buyer must make an additional deposit of $ 25 within 72 hours (to be computed as consecutive hours, not business days) from receipt of the back-up contract. By giving 26 the additional deposit to Escrow Agent within the 72 hour period, Buyer waives all contingencies for financing and sale of 27 Buyer's property and the parties will close on Closing Date. The additional deposit will be credited to Buyer at closing. If 28 Buyer fails to timely make the additional deposit, this primary Contract will terminate and Buyer's deposit will be refunded. 29' Q. Broker - Personal Interest in Property: has an active or 30 inactive real estate license and has a personal interest in the property: (specify if licensee is related to a party, is acting as Buyer 31' or Seller, etc.) 32• (,) (_) - (_)(_a R. Rentals:(check whichever applies) 33' ? (1) Pre-Occupancy Agreement: If Buyer occupies the Property before closing, Buyer will accept the Property in its 34 existing condition on the date of occupancy, relieving Seller of any additional repair or treatment obligations, and will 35 maintain the Property and assume all risk of loss to it from the date of occupancy. Effective on the date of occupancy, this 36 clause replaces Paragraph 9 of the Contract. Buyer and Seller will sign and deliver a written lease containing mutually 37 agreeable terms concerning Buyer's pre-closing occupancy of the Property and prepared at Buyer's expense. ' 38' ? (2) Post-Occupancy Agreement: Buyer and Seller will sign and deliver a written lease, containing mutually agreeable 39 terms concerning Seller's occupancy of the Property after Closing Date and prepared at Seller's expense. 40` ? (3) Existing Tenant: The Property is currently used as a rental property and Buyer's rights will be subject to those of 41• existing tenants. Seller will, within days from Effective Date and at Seller's expense, deliver to Buyer current copies 42' of the rent roll; leases; income and expense statements for the period January 1, through December 31, 43" as evidence that the Property generated income of $ against expenses of $ 44 and agreements with third parties that will remain in effect after closing. Buyer may terminate this Contract by written 45' notice to Seller within days from Effective Date if the statements differ materially from Seller's representations. If 46 Buyer fails to provide timely written notice, Buyer will be deemed to waive this contingency. Seller will assign leases and 47 rental agreements, and transfer deposits and advance rents, to Buyer at closing. 48• ( S. Sale of Buyer's Property: This Contract is contingent on the closing of Buyer's property 49• located at If Buyer's property 50• does not close by Buyer may, within 3 days, cancel this Contract and receive a refund of 51 deposit or remove this contingency and all financing contingencies and continue with the Contract. 2 6 2005 52' FARA-7 Rev. 7/03 0 2003 Florida Association of REALToFe All Rights Reserved MAY Page of Addendurn No. , ?J 'S ORIGINAL 1' The clauses below will be incorporated into the Contract between (Seller) 2' ' and (Buyer) concerning the Property described as 3' only if initialed by all parties: 4• (Qt K. Pre-1978 Housing Lead-Based Paint Warning Statement: "Every purchaser of any interest 5 in resi ential re rop yon which a residential dwelling was built prior to 1978 is notified that such property may present 6 exposure to le d from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in 7 young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, 8 behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any 9 interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk 1o assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk 11 assessment or inspection for.possible lead-based paint hazards is recommended prior to purchase." For purposes of this 12 addendum, lead-based paint will be referred to as "LBP" and lead-based paint hazards will be referred to as "LBPH." 13 (1) LBP/LBPH in Housing: Seller has no knowledge of LBP/LBPH.in the housing and no available LBP/LBPH records or 14 reports, except as indicated: (describe all known LBP/LBPH information, list all available documents pertaining to 15• LBP/LBPH and provide documents to Buyer before accepting Buyer's offer) 16" 17' ??. 18' ' 19 (2) Lead-Based Paint Hazards Inspection: Buyer waives the opportunity to conduct a risk assessment or inspection for 20• the presence of LBP/LBPH unless this box is checked (? Buyer may, within the Inspection Period, conduct a risk 21 assessment or inspection for the presence of LBP/LBPH in accordance with the provisions of paragraph 8(a) or H. 22 LBP/LBPH conditions that are unsatisfactory to Buyer will be treated as "warranted items" for purposes of paragraphs 23 8(a)(2) and (3) only). 24 (3) Certification of Accuracy: Buyer has received the pamphlet entitled "Protect Your Family From Lead in Your Home" 25 and all of the information specified in paragraph (1) above. Licensee has notified Seller of Seller's obligations to provide 26 and disclose information regarding lead-based paint and lead-based paint hazards in the property as required by federal 27 law (42 U.S.C. 4852d) and is aware of his or her obligation to ensure compliance with federal lead-based paint law. 28 Buyer, Seller and each licensee has reviewed the information above and rtifie , to the best of his or her knowledge, 29 that th/iinnf/orrmation he or she has provided is true and accurate. 30' KT/41?C 31 Buy l P. 2) Date ` ,h eller ,? Gc Date // L7/d 32' rZ?'Vy 33 uye li Al, W l"5 Date ler J o y? ?P? Date 34' 35 Selling Licensee Date Listing Licensee Date 36' L. Flood Insurance Required: Buyer is notified that the Property is located in an area that. is 37' a defined flood e ar a and flood insurance is required. ? was declared a flood disaster area after September 23, 1994 and 38 received federal disaster relief assistance on the condition that flood insurance be obtained in accordance with applicable 39 federal law. Buyer is required to obtain such flood insurance if the Property is not so insured as of the date of transfer and will 4o be required to maintain flood insurance in accordance with applicable federal law with respect to the Property. 41' M. Housing for Older Persons: Buyer acknowledges that the owners' association, developer 42 or other housing provider intends the Property to provide housing for older persons as defined by federal law. While Seller 43 and Broker make no representation that the Property actually qualifies as housing for older persons, the housing provider has 44' stated that it provides housing for persons who are ? 62 years of age and older. ? 55 years of age and older. MAY 2 6 2005 P s !"? !^ j)["^;1." ENT 45' FARA-7 Rev. 7/03 © 2003 Flodda Association of REALTopts" All Rights Reserved Page of Addendum No. 3a??o 0 0 ORIGINAI 1* The clauses below will be incorporated into the Contract between (Se W) 2' ' and (Buyer) concerning the Property described as 3• only if initialed by all parties: 4' T. Rezoning: Buyer will have until to obtain the following 5* zoning for the Property from the appropriate government agency: Zoning for use of the Property as 6* Seller will sign all forms 7 required by the government agency. Buyer will pay all costs associated with the rezoning application and proceedings. If s rezoning is not obtained, this Contract will terminate and Buyer's deposit will be refunded. 9* U. Assignment: Seller agrees that Buyer may assign this Contract to 10° 11* Buyer will del' er a c o the assignment to Seller and ? will 0 will not be released from the duty to perform this Contract. 12* J V. Property Disclosure Statement: This offer is contingent on Seller completing, signing and 13 delivering to Buy a en real property disclosure statement within 3 days from Effective Date. If the statement discloses any 14 material infor ion- about the Property that is unacceptable to Buyer, Buyer may cancel this Contract by written notice to 15 Seller within 3 days from receipt of Seller's written statement. 16* 17* 18* 19* 20* 21' 22* 23' 24* 25' 26* 27' 28* 29* 30* 31* 32' 33* 34' 35* 36' 37* 38* 39* 40* 41* 42* 43' 44* 45' 46* 47* 48* 49* 50' 51* 52* 53* 54* 55* 56* C-.a (--.1- (---JC- i W. r ?- -- - MAY 2 6 z?,?- - - --- 57' FARA-7 Rev. 7/03 © 2003 Florida Association of REAUTORs" All Rights Reserved Page of Addendum No. V6?r- /a ORIGINAL 56 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages; recording fees on the deed and financing 57 statements; loan expenses; pending special assessment liens; lender's title policy; inspections; survey; flood insurance; 58' Other: 59 (c) Titl Evidence and Insurance: Check (1) or (2): ?? 60• 01) Seller will provide a Paragraph 10(a)(1) owner's title insurance commitment as title evidence. El SellerL7Buyer will 61' select the title agent. []'Seller ? Buyer will pay for the owner's title policy, search, examination and related charges. 62 Each party will pay its own closing fees.. W. ?(2) Seller will provide title evidence as specified in Paragraph 10(a)(2). ?Seller?Buyer will pay for the owner's title 64 policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien 65 search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. 66 (d) Prorations: The following items will be made current (if applicable) and prorated as of the day before Closing Date: real 67 estate taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of 68 the Property. If taxes and assessments for the current year cannot be determined, the previous year's rates will be used with 69 adjustment for exemptions and improvements. Buyer is responsible for property tax increases due to change in ownership. 70 (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may require 71 Seller to provide additional cash at closi g if Seller is a "foreign person" as defined by federal law. 72• (f) Home Warranty: ?Buyer ?Sellerl;f N/A will pay for a home warranty plan issued by at a 73' cost not to exceed $ -10' . AAome warranty plan provides for repair or replacement of many of a home's mechanical 74 systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreement period. 75 PROPERTY CONDITION 76` 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(a)(2) by 7r (within 10 days from Effective Date if left blank) ("Inspection Period");.*???ood- P?+r???ino oraanism???e{ +a ? 78* ( , if left blank); and the walk-through 79 inspection on the day before Closing Date or any other time agreeable to the parties. 80 7. REAL PROPERTY DISCLOSURE: Seller represents that Seller does not know of any facts that materially affect the value of 81 the Property, including violations of governmental laws, rules and regulations, other than those,that Buyer can readily observe 82 or that are known by or have been disclosed to Buyer. 83 (a) Energy Efficiency: Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System brochure. If this is a 84 new home, the builder's FL-EPL card is attached as an addendum. 85 (b) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 86 quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and 87 state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be 88. obtained from your county public health unit. Buyer may, within the Inspection Period, have an appropriately licensed person 89 test the Property for radon. If the radon level exceeds acceptable EPA standards, Seller may choose to reduce the radon 90 level to an acceptable EPA level, failing which either party may cancel this Contract. 91 (c) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood 92 zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding 93 in the event of casualty. If the Property is in a Special Flood Hazard Area or Coastal High Hazard Area and the buildings are built 94 below the minimum flood elevation, Buyer may cancel this Contract by delivering written notice to Seller within 20 days from 95 Effective Date, failing which Buyer accepts the existing elevation of the buildings and zone designation of the Property., 96 (d) Homeowners' Association: If membership in a homeowners' association is mandatory, an association disclosure 97 summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 98 BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. 99 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition from Effective Date until loo closing, except for normal wear and tear ("maintenance requirement") and repairs required by this Contract. Seller will provide 101 access and utilities for Buyer's inspections. 102 r If Seller is unable to complete required repairs or treatments prior t / 103 closing, Seller-w 4l -give-Buyer a-eredit -at-closing_.for-th -test-aHhe-rep'aTg-S'ere?-was -ebligatee!-#ci-nyake:? Seller will assign 104 assignable repair and treatment contracts to Buyer at closing. 105 (a) Warranty, lff:? et+ • and Repair: N. Q 106 (1) Warranty: Seller warr that non-leased major appliances and g, cooling, mechanical, electrical, security, 107 sprinkler, septic and plumbing sys seawall, dock and po ipment, if any, are and will be maintained in working 108 condition until closing; that the structures din and pool, if any, are structurally sound and watertight: and 109 that any open permits for the Prope een d out and final inspections will be obtained before the Closin 110 Date. Seller does not war nd is not required to repair etic conditions, unless the cosmetic condition resulte 111 from a defect in ranted item. Seller is not obligated to bring a into compliance with existing building code 112 regulation Ness necessary to repair a warranted item. "Working condition ns operating in the manner in which 113 the item was designed to operate and "cosmetic conditions" means aesthetic impe ections that do not affect the 114•, Buyerm and Seller acknowledge receipt of a copy of this page, which is Page 2 of 6 Pages. FAR-6 Rev. 10/ ©2000 Flori Ass ation of RFALToRs@ All Rights Reserved d 0 • P. • ORIGINAL 115 working condition of the item, inclu it arcite; missing or torn screens other than missing pool cage or screen 1,16 room screens; fogged windows; tea , w ots and discoloration of floor coverings/wallpapers/window treatments; / 117 nail holes, scratches, dents, s es, chips a aulking in bathroom ceiling/walls/flooring/tile/fixtures/mirrors; and r? I 118 minor cracks in floor tiles/wi ows/driveways/sidewa of decks/garage and patio floors. 119 (2) Professional spection: Buyer may have warr nted items inspected by a person who specializes in and holds an 120 occupational license ' required by law) to conduc ome inspections or who holds a Florida license to repair and maintain 121 the items inspected ("pr ssional inspector"). yer must, within 5 days from the end of the Inspection Period, deliver 122 written notice of any items t tare not in th condition warranted and a copy of the inspector's written report, if any, to 123 Seller. If Buyer fails to deliver ely wri n notice, Buyer waives Seller's warranty and accepts the items listed in 124 subparagraph (a) in their "as is" con ' 'on , except that Seller must meet the maintenance requirement. ?? ' d nly to e repairs necessary to bring warranted items into the condition warranted, up 125 (3) Repair: Seller is obligate o 126 to the Repair Limit. Seller may, w' in 5 s from receipt of Buyer's notice of items that are not in the condition 127 warranted, have a second inspe on made b professional inspector and will report repair estimates to Buyer. If the 128 first and second inspection re rts differ and the tlies cannot resolve the differences, Buyer and Seller together 3-V 129 choose, and equally split th cost of, a third inspect whose written report will be binding on the parties. If the cos, ' 130 repair warranted items e als or is less than the Repair it, Seller will have the repairs made in a workmanlike manner 131 by an appropriately li nsed person. If the cost to repair arranted items exceeds the Repair Limit, either party may 132 cancel this Contract unless either party pays the excess or yer designates which repairs to make at a total cost to 133 Seller not exceeding the Repair Limit and accepts the alance the Property in its "as is" condition. 134 (b) Wood-Destroyin rganisms: "Wood-destroying or nism" means arthropod or plant life, including termites, powder-post 135 beetles, oldhouse borers ?tpdwood-decaying fungi, th damages or infests seasoned wood in a structure, excluding fences. 136 Buyer may, at Buyer's expen and prior to closing ave the Property inspected by a Florida-licensed pest control business to 137 determine the existence of past present woo -destroying organism infestation and damage caused by infestation. If the 138 inspector finds evidence of infestatio or dam e, Buyer will deliver a copy of the inspector's written report to Seller within 5 139 days from the date of the inspection. Se r ' not bligated to treat the Property if all the following apply (i) there is no visible live 140 infestation, (ii) the Property has previou en troeated, and (ii) Seller transfers a current full treatment warranty to Buyer at receipt of the inspector's report to have reported damage estimated by a?? 141 closing. Otherwise, Seller will have days !rb<v 142 licensed building or general contr or and correc ' e treatment estimated by a licensed pest control business. Seller will have 143 treatments and repairs made an appropriately lice d person at Seller's expense up to the Termite Repair Limit. If the cost 144 to treat and repair thXganism Pexceeds the Termite Rep ' Limit, either party may pay the excess, failing which either party may 145 cancel this Contractr fails to timely deliver the inspe is written report, Buyer accepts the Property "as is" with regard 146 to wood-destroying infestation and damage, subject to a maintenance requirement. 147 (c) Walk-through Inspection: Buyer may walk through the Property solely to verify that Seller has made repairs required 148 by this Contract and has met co tractu obligations. No other I sues may be raised as a result of the walk-through 149 inspection. If Buyer fails to conduct i/eller , spection, Sellers repair and maintenance obligations will be deemed fulfilled. 150 9. RISK OF LOSS: If any portion of is damaged by fire or other casualty before closing and can be restored within 11 151 45 days from the Closing Date to slly e same condition as it was on Effective Date, Seller will, at Seller's expense, 152 restore the Property and the Closinill be tended accordingly. If the restoration cannot.be completed in time, Buyer/ 153 may accept the Property "as is" witssignin e insurance p roceeds for the Property to Buyer at closing, failing which . `. 154 either party may cancel this Contra 155 TITLE 156 10. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or 157 guardian deed as appropriate to Seller's status. 158 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with 159 current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential 160 use of the Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government 161 regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and 162 encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of 163 the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in 164 Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. 165 (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 166 subject only to title exceptions set forth in this Contract. 167 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 168 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 169 Property recorded in the public records of the county where the Property is located and certified to Effective Date. 170 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 171 insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format 172 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 173 together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to 174 Seller then (1) above will be, the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 175 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of 176 title evidence bu no later than I sing, of any defects that make the title unmarketable. Seller will have 30 days from 177* Buyer and Seller acknowledge receipt of a copy of this page, which is Page 3 of 6 Pages. 4 FAR-6 P0 00 02000 Flori Ass 'ation of R?TORs@ All Rights Reserved 16e 0 r- / a 0 0 ORIGINAL 178 receipt of Buyer's notice of defects ("Curative Period") to cure the defects at Seller's expense. If Seller cures the defects 179 within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing 180 Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the 181 defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of 182 Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. 183 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to 184 Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the 185 Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated 186 in the same manner as a title defect and Buyer's and Seller's obligations will be determined in accordance with subparagraph (b) 197 above. If any part of the Property lies seaward of the coastal construction control line, Seller will provide Buyer with an affidavit or 188 survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing. 189 MISCELLANEOUS 19o 11. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs the 191 latest offer. Time is of the essence for all provisions of this Contract. All time periods will be computed in business days (a 192 "business day" is every calendar day except Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, 191 Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local 194 time (meaning in the county where the Property is located) of the appropriate day. 195 12. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's failure 196 to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will 197 render that contingency null and void and the Contract will be construed as if the contingency did not exist. 198 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 199 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 200 Modifications of this Contract will not be binding unless in writing, signed and delivered by the parry to be bound. Signatures, 201 initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 202 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 203 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, 204 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 205 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 206 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 207 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 208 DEFAULT AND DISPUTE RESOLUTION 209 15. DEFAULT. (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller 21o fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without waiving the right 211 to seek damages or to seek speck performance as per Paragraph 16. Seller will also be liable to Broker for the full amount of the 212 brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including timely payment of all 213 deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated damages or to seek specific 214 performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be 215 split equally among cooperating brokers) up to the full amount of the brokerage fee. 216 16: DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims and other matters in 217 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: 218 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from the 219 date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent will 220 submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real 221 Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 222 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 223 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration 224 in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not 225 provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact 226 and the contractual authority on which it is based. If the parties agree to use discovery, it will be in accordance with the 227 Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real 228 estate licensee named in Paragraph 19 will be submitted to arbitration only if the licensee's broker consents in writing to 229 become a party to the proceeding. This clause will survive closing. 230 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 231 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 232 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAA") or 233 other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process in 234 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 235 bi in on the arties. oArbit' be in acco rdance with the rules of the AAA or other arbitrator agreed on by the 236' Bund Sellacknowledge receipt of a copy of this page, which is Page 4 of 6 Pages. FAR-6 ©2000 Floon of RFALTORs® All Rights Reserved 7 otc- to • • ORIGINAL 237 • parties. Each party to any arbitration will pay its own fees, costs and expenses, including attorneys' fees, and will equally 238 split the arbitrators' fees and administrative fees of arbitration. 239 ESCROW AGENT AND BROKER 240 17. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and, 241- subject to clearance, disburse them upon proper authorization and in accordance with the terms of this Contract, including 242 disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to 243 Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. If Escrow Agent 244 interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover 245 reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in 246 favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 247 18. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that 248 are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 249 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) and 250 for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the 251 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records 252 unless Broker indicates personal verification of the representation. Buyer agrees to rely solely on Seller, professional inspectors 253 and governmental agencies for verification of the Property condition, square footage and facts that materially affect Property 254 value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all levels, incurred by 255 Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement 256 or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, 257 agents and employees from all liability for loss or damage based on (1) Buyer's or Seller's misstatement or failure to perform 258 contractual obligations; (2) Broker's performance, at Buyer's and/or Seller's request, of any task beyond the scope of services 259 regulated by Chapter 475, FS., as amended, including Broker's referral, recommendation or retention of any vendor; (3) products 260 or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for 261 selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes 262 of this paragraph, Broker will be treated as a parry to this Contract. This paragraph will survive closing. 263 19. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer 264 acknowledge that the brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent: Seller 265 and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage 266 agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such fees from the 267 escrowed funds. In the absence of such rokeragy a e ents, closing agent will disburse brokerage fees as indicated below. 268' CDWAJO/?t<1EAC7N L? fil"gi / 269 Real Estate Licensee Real Estate licensee 270' 271' Broker / Brokerage fee: ($ or % of Purchase Price) 7 Broker/ Brokerage fee: ($ or % of Purchase Price) 272' --------------------------- ------ - - 273 ADDENDA AND ADDITIONAL TERMS 274 20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (check if applicable): 275* ?A. Condo. Assn. ? G. New Mort. Rates ? M. Housing Older Persons ? S. Sale of Buyer's Property 276' ? B. Homeowners' Assn. ? H. As Is w/Right to Inspect ? N. Unimproved/Ag. Prop. ? T. Rezoning 277' ? C. Seller Financing ? I. Self-Inspections ? 0. Interest-Bearing Account ? U. Assignment 278' ? D. Mort. Assumption ? J. Insulation Disclosure ? P. Back-up Contract ? V. Prop. Disclosure Stmt. 279' ? E. FHA Financing ERIK. Pre-1978 Housing Stmt. (LBP) ? O. Broker - Pers. Int, in Prop. ? Other 280• ? F. VA Financing ? L. Flood Insurance Reqd. ? R. Rentals ? Other 282' 21. ADDITIONAL TERMS: C?jy1f3GK?f rllir?? _ 94 ??V?!-?C,G??I"p?JOI? ?/yf?yt/f?j?ylj ??(/•?6? 28r %"" ?" 283' ?yoos ?Gtaw?- ?? ZCb) re.44ihlefo guec? 285 Ai, ??racq«r`n? eases ?o ; 284• 4"iA .. ? 286' / 'L• 1 f? P?'UUIt,? B? GU 287' ?Gl?G/VOs ??+ t?/ c`7 /T!0/???.?` /.? 288 89" ,//?77Q" O/' Nri?Oeit T? J(?! 6 '11L 2 290' 291' Buyer and Sel acknowledge receipt of a copy of this page, which is Page 5 0 6 Page2Q05 FAR-6 Rev. 10/ 0 402000 Flori Ass ' tion of REAL'roRs® All Rights Reserved F11 Nip, 110% t. MT • 0 292- 293' 29 ORIGIN 2a55' ' AL 296' 297' 298' 299" 300' 301 302' 303" 304' 305' 306• 307• 308' 309' - -77. r v1 . .. _ r 1! r_ 310' 311' ' MAY 2 6 2005 312 313' 314• PL0• r1'• 1V`k r^ ""r", r f?NT 315' C1,17 "C" 17 C 316• ?....... yt Y 317 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. 318 . OFFER AND ACCEPTANCE 319• (Check if applicable: ? Buyer received a written real property disclosure statement from Seller before making this Offer.) 32o Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a copy 321' delivered to Buyer no later than ?a.m.?p.m. on this offer will be revoked 322 and Buyer's deposit refunded subject to clearance f funds. 323• Date: ?jl ZyIQ? Buyer: Tax ID/SSN:If 324' Print name: Yt _ 325' Date: 326' 327' Phone: 328• Fax: Buyer: _ Print name: Address: Tax ID/SSN: 329' Date: _ / Selle Tax ID/SSN: 330• ( ? f Print nam . A 331 • Date: Selle • Tax ID/SSN: 332' Print name: ? d "?- /1C ?r 333• Phone: Address: 334• Fax: 335 eller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a copy 336' of the acceptance to Seller by 5:00 p.m. on , . ? Seller rejects Buyer's offer. 337' Effective Date: (The date on. which the last party signed or initialed acceptance of the final offer.) 338' Buyer LWf([ and Sell acknowledge receipt of a copy of this page, which is Page 6 of 6 Pages. The Florida Assoc a/ti`o'n of REALToRs and cal Bo d/Association of REALToRs make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standar ' ed form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is riot in ended to identify the user as a REALTOR. REALTOR is a registered collective membership rnark that may be used only by real estate licensees who are members of the National Association of RE.aLToRs and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. FAR-6 Rev. 10/00 02000 Florida Association of REALTORs@ All Rights Reserved ?7 a 'A' /'V ORIGIN, L Counter Offer and Addendum to Residential Sale and Purchase Contract Purchase price: 700 oo , oo Mine kvndreW 71'asaoW dodfuo-s Sellers shall be permitted to remove. and take from the property all: Dishwashers Cabinets Office and Kitchens AC Units Ceiling Fans Fireplace (not yet installed) worn q/n5 wa ??t Aooper?j 3 Date Palms in Front Yard (Street side) v Seller: r U To Buyer: Buyer: A .(? 12%1010 MAY 2 6 2005 e }? n 0 0 ?o o??a Dj- v E Residential Sale and lrchase Contract FLORIDA ASSOCIATION OF REALTORS R I G IN 1" 1. SALE AND PURCHASE: .1 1 Vc-- At rs.Z> f?VX` ? ? -?rTS L-Lc-' ("Seller") 2• and v D P 'v-s A-?4Z c_ W p C (.Buyer") 3 agree to sell and buy on the terms an conditions specified below the property described as: 4" Address: 3 0, V ?h? ;?I X4 r/ P1'i c? C ti n-w a-r2. 1? z 3 ?7`^ (? G ? 5• County: 6• Legal Description: ?+ES'i 3? F?? i ?? LE T'9 ??NA Ark-ff, n rtr- a_?T' I Nen 7• S 'P+4 iz e_ . Tax ID No: a 4 2-!1 f S {Cats{. g J, o o f o f. 8 together with all improvements and attached items, including fixtures, built-in furnishings, built-in appliances; ceiling fans, light 9 fixtures, attached wall-to-wall carpeting, rods, draperies and other window coverings. The only" other iCerTls'included; in the to" purchase are: 11• ??._. __ V. . _.?J 12" 13" The following attached items are excluded from the purchase: Itr 2 3 Lt1iJ? 14• 15 The real and personal property described above as included in the purchase is referred to as the "Property" Peison'al:property,list?ed 16 in this Contract is included in the purchase price, has no contributory value and is being left for Seller'sf'c"onvenience! ' "P, 17 PRICE AND FINANCING 18• 2. PURCHASE PRICE: $ '2'2._00 Don payable by Buyer in U.S. currency as follows: 19" (a) $ 9 O? Dep sit - eiv? (checks e subject to clearance) N O v 8 Z Z by 20• for Coldwell Banker Residential Real Estate ("Escrow Agent') 21 Signature Name of Company 22". (b) $ qOO O Additional deposit to be made by or days 23 from Effective Date. 24• (c) ( C? C(, Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage), 25" (d) $ Other: 26• (e) Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid 27 at closing must be paid by locally drawn cashier's check, official bank check, or wired funds. 28• 3. FINANCING: (Check as applicable) 0 (a) Buyer will pay cash for the Property with no financing contingency. 29• Er b) This Contract is contingent on Buyer qualifying for and obtaining (1) and/or (2) below (the "Financing') by 30" (if left blank then Closing Date or within 30 days from Effective Date, whichever occurs first) ("Financing Period"): 31* *IT) A commitment for new Atonventional 0 FHA 0 VA financing for $ -1 4? q c5"DO or % of the purchase price (plus 32 any applicable PMI, MIP, VA funding fee) at the prevailing interest rate and loan costs (if FHA or VA, see attached addendum). 33" 0 (2) Approval for Seller financing or assumption of mortgage (see attached addendum). 34• Buyer will apply for Financing within days from Effective Date (5 days if left blank) and will timely provide any and all credit, 35 employment, financial and other information required by the lender. Either party may cancel this Contract if @ Buyer, after using 36 diligence and good faith, cannot obtain the Financing within the Financing Period or cannot meet the terms of the commitment by 37 the Closing Date, or (ii) the Financing is denied because the Property appraises below the purchase price and either Buyer elects 38 not to proceed or the parties are unable to renegotiate the purchase price. Upon cancellation, Buyer will return all Seller-provided 39 title evidence, surveys and association documents and Buyer's deposit(s) will be returned after Escrow Agent receives proper 4o authorization from all interested parties. c2A) e, rz- 41 CLOSING 42" 4. CLOSING DATE; OCCUPANCY. This Contract will be dosed and the deed and possession delivered on 3' o-5r 43 ("Closing Date"), unless extended by other provisions of this Contract. The Property will be swept clean and Seller's personal items 44 removed on or before Closing Date. If on Closing Date. insurance underwriting is suspended, Buyer may postpone closing up to 5 days 45 after the insurance suspension is lifted. 46 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted by 47 electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and recording of 48 Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 49 19. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 50 (a) Seller Costs: Seller will pay taxes and surtaxes on the deed and recording fees for documents needed to cure title; certified,. 51 confirmed and ratified special assessment liens and, if an improvement is substantially completed as of Effective Date, an 52• amount equal to the last estimate of the assessment; up to 0 % (1.5% if left blank) of the purchase price for repairs to 53• warranted items ("Repair Limit"); and up to 8 % (1.5% if left blank) of the purchase price for wood-destroying organism 54' treatment and repairs ("Termite Repair Limit"); Other: 55' Buyer kand Seller acknowledge receipt of a copy of this page, which is Page 1 of 6 Pages. FAR-6 Rev. 1 ©2000 Florida Association of REALToRs® All Rights Reserved LICENSED TO COLDWELL BANKER RESIDENTIAL REAL ESTATE • 5971 CATTLERIDGE BLVD, STE. 202, SARASOTA, FL 34232 • (941) 378-8211, FAX: (941) 378.8250 7058 56.' '(b; Buyer Costs: Buyer will pay t and recording fees on note s_ar?id mortgag cording fees on the deed and financing 57 statements; loan expenses; pendMf assessment liens; lender's title po inspections; survey; flood insurance; 58' Other: n t ?_ B A 59 (c) Title-Evidence and Insurance: Check (1) or (2): U 60• ?1) Seller will l6r6vide a Paragraph 10(a)(1) owner's title `insurance commitment as title evidence. 315-eller U Buyer will 61' select the title agent. 12'Seller U Buyer will pay for the owner's title policy, search, examination and related charges. 62 Each party will pay its own closing fees. 63' U (2) Seller will provide title evidence as specified in Paragraph 10(a)(2). U Seller U Buyer will pay for the owner's title 64 policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien 65 search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. 66 (d) Prorations: The following items will be made current. (if applicable) and prorated as of the day before Closing Date: real 67 estate taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of 68 the Property. If taxes and assessments for the current year cannot be determined, the previous year's rates will be used with 69 adjustment for exemptions and improvements. Buyer is responsible for property tax increases due to change in ownership. 70 (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may require 71 Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law. 72' (f) Home Warranty: U Buyer U Seller U N/A will pay for a home warranty plan issued by at a 73' cost not to exceed $ . A home warranty plan provides for repair or replacement of many of a home's mechanical 74 systems and major built-in appliances in the event of breakdown due to normal wear and tear during the agreement period. 75 PROPERTY CONDITION 76' 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(a)(2) by , 77' (within 10 days from Effective Date if left blank) ("Inspection Period"); the wood-destroying organism inspection by 7s• , (prior to closing, if left blank); and the walk-through 79 inspection on the day before Closing Date or any other time agreeable to the parties. 80 7. REAL PROPERTY DISCLOSURE: Seller represents that Seller does not know of any facts that materially affect the value of 81 the Property, including violations of governmental laws, rules and regulations, other than those that Buyer can readily observe 82 or that are known by or have been disclosed to Buyer. 83 (a) Energy Efficiency: Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System brochure. If this is a 84 new home, the builder's FL-EPL card is attached as an addendum. 85 (b) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 86 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and 87 state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be 88 obtained from your county public health unit. Buyer may, within the Inspection Period, have an appropriately licensed person 89 test the Property for radon. If the radon level exceeds acceptable EPA standards, Seller may choose to reduce the radon 9o level to an acceptable EPA level, failing which either parry may cancel this Contract. 91 (c) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood 92 zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and rebuilding 93 in the event of casualty. If the Property is in a Special Flood Hazard Area or Coastal High Hazard Area and the buildings are built 94 below the minimum flood elevation, Buyer may cancel this Contract by delivering written notice to Seller within 20 days from 95 Effective Date, failing which Buyer accepts the existing elevation of the buildings and zone designation of the Property. . 96 (d) Homeowners' Association: If membership in a homeowners' association is mandatory, an association disclosure 97 summary is attached and incorporated into this Contract. BUYER SHOULD NOT SIGN THIS CONTRACT UNTIL 98 BUYER HAS RECEIVED AND READ THE DISCLOSURE SUMMARY. 99 8. MAINTENANCE, INSPECTIONS AND REPAIR: Seller will keep the Property in the same condition from Effective Date until loo closing, except for normal wear and tear ("maintenance requirement") and repairs required by this Contract. Seller will provide 1o1 access and utilities for Buyer's inspections. Buyer will repair all damages to the Property resulting from the inspections and 102 return the Property to its pre-inspection condition. If Seller is unable to complete required repairs or treatments prior to 103 closing, Seller will give Buyer a credit at closing for the cost of the repairs Seller was obligated to make. Seller will assign all 1o4 assignable repair and treatment contracts to Buyer at closing. 105 (a) Warranty, Inspections nd Repair: 106 (1) Warranty: Seller warrants that non-leased major appliances and heating, cooling, mechanical, electrical, security, 107 sprinkler, septic and plumbing systems, seawall, dock and pool equipment, if any, are and will be maintained in working 108 condition until closing; that the structures (including roofs) and pool, if any, are structurally sound and watertight; and 109 that any open permits for the Property have been closed out and final inspections will be obtained before the Closing 110 Date. Seller does not warrant and is not required to repair cosmetic conditions, unless the cosmetic condition resulted 111 from a defect in a warranted item. Seller is not obligated to bring any item into compliance with. existing building code 112 regulations unless necessary to repair a warranted item. "Working condition" means operating in the manner in which 113 . the item was designed to operate and "cosmetic conditions" means aesthetic imperfections that do not. affect the 114• Buyer ©20d Seller acknowledge receipt of a copy of this page, which is Page 2 of 6 Pages. FAR-6 Rev. 10 00 Florida Association of REALToRs@ All Rights Reserved 115 working condition of the it?including pitted marcite; missing or torn s ns other than missing pool cage or screen 116 room screens; fogged win s; tears, worn spots and discoloration of coverings/wallpapers/window treatments; 117 nail holes, scratches, dents, scrapes, chips and caulking in bathroom ceiling/walls/flooring/tile/fixtures/mirrors; and 118 minor cracks in floor tiles/windows/driveways/sidewalks/pool decks/garage and patio floors. 119 (2) Professional Inspection: Buyer may have warranted .items inspected by a person who specializes in and holds an 120 occupational license-, if required by law) to conduct home inspections or who holds a Florida license to repair and maintain 121 the items inspected ("professional inspector"). Buyer must, within 5 days from the end of the Inspection Period, deliver 122 written notice of any items that are not in the condition warranted and a copy of the inspector's written report, if any, to 123 Seller. If Buyer fails to deliver timely written notice, Buyer waives Seller's warranty and accepts the items listed in 124 subparagraph (a) in their "as is" conditions, except that Seller must meet the maintenance requirement. 125 (3) Repair: Seller is obligated only to make repairs necessary to bring warranted items into the condition warranted, up 126 to the Repair Limit. Seller may, within 5 days. from receipt of Buyer's notice of. items that are not in the condition 127 warranted, have a second inspection made by a professional inspector and will report repair estimate's to Buyer. If the 128 first and second inspection reports differ and the parties cannot resolve the differences, Buyer and Seller together will 129 choose, and equally split the cost of, a third inspector, whose written report will be binding on the parties. If the cost to 130 repair warranted items equals or is less than the Repair Limit, Seller will have the repairs made in a workmanlike manner 131 by an appropriately licensed person. If the cost to repair warranted items exceeds the Repair Limit, either parry may 132 cancel this Contract unless either party pays the excess or Buyer designates which repairs to make at a total cost to 133 Seller not exceeding the Repair Limit and accepts the balance of the Property in its "as is" condition. 134 (b) Wood-Destroying Organisms: 'Wood-destroying organism" means arthropod or plant life, including termites, powder-post 135 beetles, oldhouse borers and wood-decaying fungi, that damages or infests seasoned wood in a structure, excluding fences. 136 Buyer may, at Buyer's expense and prior to closing, have the Property inspected by a Florida-licensed pest control business to 137 determine the existence of past or present wood-destroying organism infestation and damage caused by infestation. If--the 138 inspector finds evidence of infestation or damage, Buyer will deliver a copy of the inspector's written report to Seller within 5 139 days from the date of the inspection. Seller is not obligated to treat the Property if all the following apply (i) there is no visible live 140 infestation, (4) the Property has previously been treated, and (iii) Seller transfers a current full treatment warranty to Buyer at 141 closing. Otherwise, Seller will have 5 days from receipt of the inspector's report to. have reported damage estimated by a 142 licensed building or general contractor and corrective treatment estimated by a licensed pest control business. Seller will have 143 treatments and repairs made by an appropriately licensed person at Seller's expense up to the Termite Repair Limit. If the cost 144 to treat and repair the Property exceeds the Termite Repair Limit, either party may pay the excess, failing which either party may 145 cancel this Contract. If Buyer fails to timely deliver the inspector's written report, Buyer accepts the Property "as is" with regard 146 to wood-destroying organism infestation and damage, subject to the maintenance requirement. 147 (c) Walk-through Inspection: Buyer may walk through the Property solely to verify that Seller has made repairs required 148 by this Contract and has met contractual obligations. No other issues may be raised as a result of the walk-through 149 inspection. If Buyer fails to conduct this inspection, Seller's repair and maintenance obligations will be deemed fulfilled. 150 9. RISK OF LOSS: If any portion of the Property is damaged by fire or other casualty before closing and can be restored within 151 45 days from the Closing Date to substantially the same condition as it was on Effective Date, Seller will, at Seller's expense, 152 restore the Property and the Closing Date will be extended accordingly. If the restoration cannot be completed in time, Buyer 153 may accept the Property "as is" with Seller assigning the insurance proceeds for the Property to Buyer at closing, failing which 154 either party may cancel this Contract. 155 TITLE ORIGIN6L 156 10. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, perso representative or 157 guardian deed as appropriate to Seller's status. 158 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance with 159 current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent residential 160 use of the Property: covenants, easements and restrictions of record; matters of plat; existing zoning and government 161 regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and 162 encumbrances that Seller will discharge at or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of 163 the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in 164 Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. 165 (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 166 subject only to title exceptions set forth in this Contract. 167 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 168 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 169 Property recorded in the public records of the county where the Property is located and certified to Effective Date. 170 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 171 insurer as a base, for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format 172 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, , 173 together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to 174 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 175 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller; within 5 days from receipt of 176 title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from 177 Buyer (d Seller (-P J (--) acknowledge receipt of a copy of this page, which is Page 3 of 6 Pages. FAR-6 Rev. 10100 02000 Florida Association of REALToRs@ All Rights Reserved 178 • receipt of Buyer's notice of defe("Curative Period") to cure the defects at is expense. If Seller cures the defects 179 within the Curative Period, Selle I deliver written notice to Buyer and the s will close the transaction on Closing 180 Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the 181 defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of 182 Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. 183 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to 184 Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the 185 Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated 186 in the same manner as a title defect and Buyer's and Seller's obligations will be determined in accordance with. subparagraph (b) 187 above. If any part of the Property lies seaward of the coastal construction control line, Seller will provide Buyer with an affidavit or 188 survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing. 189 MISCELLANEOUS . I 19o 11. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs the 191 latest offer. Time is of the essence for all provisions of this Contract. All time periods will be computed in business days (a 192 "business day" is every calendar day except Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, 193 Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local 194 time (meaning in the county where the Property is located) of the appropriate day. 195 12. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's failure 196 to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies will 197 render that contingency null and void and the Contract will be construed as if the contingtncy did not exist. 198 13. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage. 199 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 200 Modifications of this Contract will not be binding unless in writing, signed and delivered by the parry to be bound. Signatures, 201 initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 202 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 203 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, 204 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 205 14. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 206 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 207 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. ORIGI?? 208 DEFAULT AND DISPUTE RESOLUTION 209 15. DEFAULT. (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller 210 fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without waiving. the right 211 to seek damages or to seek specific performance as per Paragraph 16. Seller will also be liable to Broker for the full amount of the 212 brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including timely payment of all 213 deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated damages or to seek specific 214 performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits paid and agreed to be paid (to be 215 split equally among cooperating brokers) up to the full amount of the brokerage fee. 216 16. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims and other matters in 217 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: 218 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from the 219 date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent will M submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real 221 Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 222 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 223 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration 224 in the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not 225 provided for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact 226 and the contractual authority on which it is based. If the parties agree to use discovery, it will be in accordance with the 227 Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related disputes. Any disputes with a real 228 estate licensee named in Paragraph 19 will be submitted to arbitration only if the licensee's broker consents in writing to 229 become a party to the proceeding. This clause will survive closing. 230 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 231 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 232 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAA") or 233 other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process in 234 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 235 binding on the rties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed on by the. 236' Buyer Selle I(C ( )acknowledge receipt of a copy of this page, which is Page 4 of 6 Pages. FAR-6 Rev. 10/ 02000 Florida A sOciation of REALTORs@ All Rights Reserved 237' parties. Each parry to any titration will pay,its own fees, costs and ex s, including attorneys' fees, and will equally 238 split the arbitrators' fees ari jministrative fees of arbitration. 239. ESCROW AGENT AND BROKER 240 17. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow and, 241 subject to clearance, disburse them upon proper authorization and in accordance with the terms of this Contract, including 242 disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to 243 Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross, negligence. If Escrow Agent 244 interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover 245 reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court costs in 246 favor of the prevailing parry. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 247 18. PROFESSIONAL ADVICE; BROKER LIABILITY. Broker advises Buyer and Seller to verify all facts and representations that 248 are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 249 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) and 25o for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the 251 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records 252 unless Broker indicates personal verification of the representation. Buyer agrees to rely solely on Seller, professional inspectors 253 and governmental agencies for verification of the Property condition, square footage and facts that materially affect Property 254 value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all levels, incurred by 2,55 Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or Seller's misstatement 2,56 or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and Broker's officers, directors, 257 agents and employees from all liability for loss or damage based on (1) Buyer's or Seller's misstatement or failure to perform 258 contractual obligations; (2) Broker's performance, at Buyer's and/or,,-Seller's request, of any task beyond the scope of services 259 regulated by Chapter 475, F.S., as amended, including Broker's referral, recommendation or retention of any vendor; (3) products 260 or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for 261 selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes 262 of this paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 263 19. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer 264 acknowledge that the brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent: Seller 265 and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage 266 agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such fees from the 267 escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated below. 268• S! EL C?ZJ 9 f-1 269 Rea! Estate Licensee Reat Estate Licensee I 270• Coldwell Banker Residential Real Estate MIUAAL 271' Broker / Brokerage fee: ($ or % of Purchase Price) Broker/ Brokerage fee: ($ or % of Purchase Price) 272' 273 ADDENDA AND ADDITIONAL TERMS 274 20. ADDENDA: The following additional terms are included in addenda and incorporated into this Contract (check if a licable): 275' Q A. Condo. Assn. Q G. New Mort. Rates Q M. Housing Older Persons pp U .S. Sale of Buyer's Property 276` Q B. Homeowners' Assn. Q H. As Is w/Right to Inspect Q N. Unimproved/Ag. Prop. Q T. Rezoning 277' Q C. Seller Financing Q I. Self-Inspections Q O. Interest-Bearing Account Q U. Assignment 278' ? D. Mort. Assumption Q J. Insulation Disclosure Q P. Back-up Contract Q V. Prop. Disclosure Stmt. 279' Ell E. FHA Financing Ell K. Pre-1978 Housing Stmt. (LBP) Q Q. Broker - Pers. Int. in Prop. Q Other 280' Q F. VA Financing Q L. Flood Insurance Reqd. Q R. Rentals Q Other 261' 21. ADDITIONAL TERMS: Buyer and Seller agree that COLDWELL BANKER, as escrow agent, will deposit the escrowed 282' funds in a-.non _interest_bearing_account with a financial institution chosen _by_COLDWELL BANKER and that the financial 283' 284• 285' 286' 287' "LS. 288' 289' 290' 1 291' Buyer d ( Seller (-) acknowledge receipt of a copy of this page, which is Page 5 of 6 Pages. FAR-6 Rev. 10/ ©2000 Florida Ass ciation of REALTORsCg All Rights Reserved 293' 294" 295' 296* 297' 298' 299* 300* 301* 302' 303* 304' 305* 306' 307* 308* 309* 310' 311' 312* 313* 314* 315* 316* k.x- r fit. S L 97- 0 L 7905 317 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attomey.pnor to signing. . 318 ? OFFER AND ACCEPTANCE `? - 319* (Check if applicable: CB-Buyer received a written real property. disclosure statement from Seller before making'this'Offer.) 320 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a copy 321* delivered to Buyer no later than ? a.m.? p.m. on this offer will be revoked 322 and Buyer's deposit refunded subject to clearanc of funds. 323• Date: 11 2 7/02- Buyer: - ? ro_ Tax ID/SSN: Z-67-113-3691 324* Print name: J41/1 h WA10 325* Date: 11 Z Buyer: WOC,? Tax ID/SSN: 326* Print name: 327• Phone: Address: 328* Fax: 329' Date: MD`s °Z Ls? d Z Seller: Tax ID/SSN: 330' Print name: ?f`_A X15 Tr (rt2it, S M --r 331 Date: Seller: Tax ID/SSN: 332 Print name: 333* Phone: Address: 334' Fax: 335* ? Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a copy 336' of the acceptance to.Seller by 5:00 p.m. on 0 Seller rejects Buyer's offer. 337* 1 Effective Date: (The date on which the last party signed or initialed acceptance of the final offer.) 338' Buyer ?h?and Seller `? -( ) acknowledge receipt of a copy of this page, which is Page 6 of 6 Pages. The Florida Ass iation of REALroRs and local Board/Association of REALTORS make no representation as to the legal validity or adequacy of any.provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALToRs and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. FAR-6 Rev. 10/00 02000 Florida Association of REALToRs@ All Rights Reserved Ql? RECORDATION REQUESTED BY: First Community Bank of America Mid-Cty Office 9001 Belcher Road . Pinellas Park, FL 33781 WHEN RECORDED MAIL TO: First Community Bank of America Mid-Cty Office 9001 Belcher Road Pinellas Park, FL 33781 ORIGINAL L.? \J MAY 2 6 2005 n*, Ila PLV LNT ally ci-, C - •.ra11.? This Mortgage prepared by: Name: Cindy Uphold, Lending Assistant Company: First Community Bank of America Address: 9001 Belcher Road, Pinellas.Park, FL 33781 MORTGAGE FUTURE ADVANCES MAXIMUM LIEN. The total amount of indebtedness secured by this Mortgage may decrease or increase from time to time, but the maximum amount of principal indebtedness which may be outstanding at any one time shall not exceed $165,000.00, plus interest, and amounts expended or advanced by Lender for the payment of taxes, levies or insurance on the Property, and interest on such amounts. THIS MORTGAGE dated February 27, 2003, is made Limited Liability Corporation, whose address is 1754 as "Grantor") and First Community Bank of America, FL 33781 (referred to below as "Lender"). and executed between Venetia Cove, LLC, a Florida Sunset Drive, Clearwater, FL 33755 (referred to below whose address is 9001 Belcher Road, Pinellas Park , GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the 'Real Property') located in Pinellas County, State of Florida: West 35 feet of Lot 9, Lot 10, Block 1 Less West 0.50' of Lot 10 of North Shore Park as recorded in Plat Book 003, Page 10, Pinellas County, Oublic Records. The Real Property or its address is commonly known as 308 Venetian Drive S, Clearwater, FL 33755. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. FUTURE ADVANCES. Specifically, without limitation, this Mortgage secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Grantor within twenty (20) years of the date of this Mortgage, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $330,000.00. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $165,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: , Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage, Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and. all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the ,- ORIGINAL ? o?k 2005 Loan No: 59544 Co I ue Page 3 rr. ..•a r..,?nv?r^rw?.R. replacement cost of the Property. Ct =.Lr k fiii R LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all intangible personal property taxes, documentary stamp taxes, fees, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax, Including without limitation an intangible personal property tax, upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all'or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for ail expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property frorn the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three .(3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the • 1? ORIGINAL MO GAddOO5 Loan No: 59544 (COntinuedPage 5 purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving written notice to the other parties, specifying that the purpose of the notice is to change the parry's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by, construed and enforced In accordance with federal law and the laws of the State of Florida. This Mortgage has been accepted by Lender in the State of Florida. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Pinellas County, State of Florida. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Venetia Cove, LLC, and all other persons and entities signing the Note in whatever capacity. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations Loan No: 59544 ORIGINAL MORTGAGE (Continued) LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF k}) 4.feA-, ) ) SS COUNTY OF ? ct' d" ) Page 7 The foregoing instrument was acknowledged before me this r? ! --')Jay of c1 t f 20 -? by David P. Wade, Manager of Venetia Co e, LLC, mamba/ for agent), on behalf of Venetia Co e, LLC, Lim ed liability company. He or she is personally known to me or has produced G' ¢ G as identification a di. not take an oath. FIEBECCALL !" 4P` ?`? PbBMV COMMISSION R DD 094232 / ?IPIRES:Ma?d?t,2006 /1?lYr .g Ail ?(v *v P (Signature of Person Taking Acknowledgment) -rF1,rf?` , (Name of Acknowledger Typed, Printed or Stamped) (Title or Rank) (Serial Number, if any) LASER PRO Lending, Ver. 521.00.668 Copt. Harland I'l-1s1 8dullona, 1- 1897, 8608. All Right. Reserved. - FL O:\CFIILPL\ONTC TR-1681 PR-6 MAY 2 6 2005 • ORIGINAL • Closing Affidavit (Buyer) Before me, the undersigned authority, personally appeared the undersigned ("Affiant"), who being by me first duly sworn, on oath, depose(s) and say(s) that: 1. Venetia Cove, LLC, a Florida Limited Liability Corporation ("Buyer"), is purchasing the following described property from Venetian Garden Apartments, L.L.C., A Limited Liability Corporation ("Seller"), to wit: West 35 feet of Lot 9, Lot 10, Block 1, Less West 0.50' of Lot 10 of North Shore Park as recorded in Plat Book 003, Page 10, Pinellas County, Public Records. 2. Buyer's marital status as reflected in this affidavit and the other closing documents is true and correct. The Buyer is of legal age and has never been adjudged incompetent. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property prior to the recording of the interests to be insured, and Buyer has not and will not execute any instrument (nor permit any action to be taken) that would adversely affect the title or interests to be insured. There are no judgments or liens against Buyer and no bankruptcy proceedings are currently pending with respect to Buyer. 3. To the best of Buyer's knowledge, information, and belief: (a) within the past 90 days there have been no improvements, alterations, or repairs to the above described property for which the costs thereof remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or improving the same, which remain unpaid; (b) there are no actual or potential mechanic's, materialmen's, or laborer's liens against the property; (c) there are no tenancies, leases or other occupancies (oral or written) affecting the property; (d) no other person or entity has any contract to purchase, option to purchase, right of first refusal, or other potential claim of right to purchase the property. 4. Buyer knows of no violations of municipal ordinances pertaining to the property, or any action or proceeding relating to the property which is pending in any court, nor does the Buyer know of any judgment, tax lien, or matter of any nature whatsoever which could create a lien or charge upon the property. Buyer has no knowledge of any matters that could or does create a cloud on the title to the subject property. 5. There are no matters pending against the Buyer that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Borrower has not and will not execute any instruments that would adversely affect the interest to be insured. 6. There are no actions or proceedings now pending in any State or Federal Court to which the Buyer is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property. 7. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Amity Title Inc. and Attorneys' Title Insurance Fund, Inc.; to issue title insurance on the subject property, with.the knowledge that said title companies are relying upon the statements set forth herein. 8. Buyer hereby holds Amity Title Inc. and Attorneys' Title Insurance Fund, Inc. harmless and fully indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. Buyer is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Buyer has read, or heard read, the full facts of this Affidavit and understands its context. Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. Venetia Cov , LLC By: David P. Wade, Manger (Corporate Seal) MAY 2 5 1005 RIDE' X"', D File Number: 03A-WADE DoubleTimee ORIGINAL State of Florida County of Pinellas The foregoing instrument was sworn to and subscribed before Manager of Venetia Cove, LLC, on behalf of the corporation. driver's license as identification. [Notary Seal] ..?J PUN REBECCALAUSH My COMMISSION # DD 094232 EXPIRES: Match 1, 2006 ,,_no'` Roeded Thai DudBet Notary SeWIW9 Closing Affidavit (Buyer) -Page 2 File Number: 03A-WADE • is s day of February, 2003 by David P. Wade, s personally known tR m5,,oT) [X] has produced a Printed Name: My Commission Expires: MAY 2 b 2005 DoubleTimeo 0 ORIGINAL • FURTHER ASSURANCE AND COMPLIANCE AGREEMENT, SELLER: BUYER: PROPERTY ADDRESS: TITLE INSURER: CLOSING AGENT: Venetian Garden Apartments, L.L.C., A Limited Liability Corporation Venetia Cove, LLC, a Florida Limited Liability Corporation 308 Venetian Dr. S., Clearwater, FL 33755-1763 Attorneys' Title Insurance Fund, Inc. Amity Title Inc. For and in consideration of ten dollars ($10.00) and other good and valuable consideration, the closing of the aforesaid transaction and/or Closing Agent disbursing proceeds of this sale; the undersigned to mutually agree to cooperate, adjust, initial, correct, re-execute, reaffirm and redeliver any and all closing documents including but not limited to any deeds, affidavits and closing statements if deemed necessary or desirable in the reasonable discretion of Closing Agent or Title Insurer or any of them, in order to consummate the transactions described hereinbefore. It is the intention of the undersigned that all documentation for this transaction and all payments or disbursements made shall be an accurate reflection of the parties' agreement and Title Insurer's requirements; that each party should pay all costs and expenses contemplated by their agreement and/or dictated by custom and the usage in this area; and, that Closing Agent shall be relieved of the burdens of §697.10, Florida Statutes, by this Assurance. The undersigned agree and covenant to assure that this transaction and its documentation will conform to the parties' agreement. Title Insurer and Closing Agent are relying upon this Agreement and the covenants herein in closing this transaction. Title Insurer and Closing Agent shall have the right to bring suit in their own name to enforce the obligations incurred by the parties in connection with this Agreement, and in the event any suit is brought to enforce this Agreement, the prevailing party shall be entitled to recover all costs and expenses including a reasonable attorney's fee. Dated this 27th day of February, 2003. hJAY 2 6 2005 State of Florida County of Pinellas Venetian Garden Apartments, L.L.C., A Limited Liability Corporation By: Stavros Tingirides, Manager (Corporate Seal) Venetia C e, LLC 4.,J7 ?? By: avid P. Wade, Manager (Corporate Seal) The foregoing instrument was sworn to and subscribed before me Manager of Venetian Garden Apartments, L.L.C., A Limited Liab L] is personally known to me oro, [,,XJbas pro e&k.I AWer's licen MY coMMISSION N DD 09428E : EXPIRES; Mardi 1, 2006 [Notary Seal] ?tEOF F??? Bonded Thm Budoot NOWY Scwlw Not, Printed Name: of February, 2003 zm. on behalf_efi tl My Commission Expires: Tingirides, m. He/she File Number: 03A-WADE DoubleTimee • ORIPIKIA 1 • State of Florida County of Pinellas The foregoing instrument was sworn to and subscribed befoethis day of February, Manager of Venetia Cove, LLC, on behalf of the corporationonally k nown t driver's license as identification. 4 tusH a PE ?`Q5 ?N ? pp 090.232 w ¢ PUDI, My ?QM [Notary Seal] ,?,nwgud9 tinted tary Public Name: My Commission Expires: Ll'w MAY 2 3 2005 v ° r a, .7) David P. Wade, has produced a Closing Affidavit (Buyer) - Page 2 File Number: 03A-WADE DoubleTfine® ? ORIGINAL t TAX PRORATION AGREEMENT SELLER: Venetian Garden Apartments, L.L.C.,.A Limited Liability Corporation BUYER: Venetia Cove, LLC, a Florida Limited Liability Corporation DATE: February 27, 2003 PROPERTY: 308 Venetian Dr. S., Clearwater, FL 33755-1763 . It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown. The tax proration herein was therefore based upon estimated taxes in the amount of,$ 5,000.00. Should actual taxes for the current year vary from estimated taxes, each party shall have the right to demand and. receive from the other a re-proration of taxes and reimbursement for the prorated amount of variation thereof as computed on the worksheet below. Each party consents to such proration and agrees to look to the other party should a reproration become necessary, and to save and hold harmless as to such proration the mortgagee, realtors, closing agent, title agent, and closing attorney. In the event of any litigation between the parties hereto to enforce any of the provisions of this Agreement, the unsuccessful party to such litigation agrees to pay to the successful party all costs and expenses, including reasonable attorney's fees, whether or not incurred in trial or on appeal, incurred therein by the successful party, all of which may be included in and as a part of the judgment rendered. Venetia C ve, LLC By: ?/ •?? David P. Wade, Manager (Corporate Seal) A W 2 3 2065 11 fh ??n l? ',?.wsw.?.. ?w nil-i?• PL .A `?ri Vrr. ?. ?..I ??.:ra? C1 1T Venetian Garden Apartments, L.L.C., A Limited Liability Corporation By' . Stavros girides, Mana r (Corporate Seal) TAX RE-PRORATION WORKSHEET Actual bill paid = $ divided 365 = $ number of days prorated per closing statement = $ daily tax rate $ daily tax rate x 58 actual tax proration. Actual tax proration LESS: Estimated tax proration on Closing Statement Difference, actual vs. estimated taxes If difference is a positive number, Seller owes Buyer the difference. $ 794.52 If difference is a negative number, Buyer owes Seller the difference. HUD-1 U.S. Department of Housing A. - Settlement Statement and Urban Development ` OMB No. 2502-0265 . B. Type of Loan Q 1. FHA Q 2. FmHA 0 3. Conv. Unins. 6. File Number 7. Loan Number 8. Mortg. Ins. Case Num. 03A-WADE Q 4. V.A. Q 5. Conv. Ins. ID: C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not Included in the totals. D. NAME OF BORROWER: Venetia Cove, LLC, a Florida Limited Liability Corporation Address of Borrower: 1754 Sunset Dr., Clearwater, Florida 33755 ORIGINAL E. NAME OF SELLER: Venetian Garden Apartments, L.L.C., A Limited Liability Corporation Address of Seller: 804 North Belcher Rd, Suite 100, Clearwater, Florida 33765 TIN: F. NAME OF LENDER: First Community Bank of America Address of Lender: 6100 - 4th Street North, St. Petersburg, Florida 33703 G. PROPERTY LOCATION: 308 Venetian Dr. S., Clearwater, Florida 33755 H. SETTLEMENT AGENT: Amity Title Inc. TIN: 59-3587395 Place of Settlement: 623 E. Tarpon Avenue, Suite L, Tarpon Springs, Florida 34689 Phone: 727-942-3632 1. SETTLEMENT DATE: 2/27/03 DISBURSEMENT DATE: 2/27/03 > .• ... Llilid . M11 • .. .. 101. Contract sales price 220,000.00 !r '¢ mmn. Ilium= 401. Contract sales price 220,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (Line 1400) 4,700.50 403. 104. 404. 105. 405. 106. City/town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower: 224,700.50 420. Gross amount due to seller: 220,000.00 201. Deposit or earnest money 8,100.00 501. Excess deposit (see instructions) 202. Principal amount.of new loan(s) 165,000.00 502. Settlement charges to seller (line 1400) 13,642.50 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Principal amount of second mortgage 504. Payoff of first mortgage loan 205, 505. Payoff of second mortgage loan 206. 506. Deposits held by seller 207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller 208. 508. 209. 509. 210. City/town taxes 510. City/town taxes 211. County taxes from 01/01/03 to 02/27/03 794.52 511. County taxes from 01/01/03 to 02/27/03 794.52 212. Assessments 512. Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid by/for borrower: 173,894.52 520. Total reductions In amount due seller: 14,437.02 :ii . .• .. 301. Gross amount due from borrower (line 120) 224,700.50 :rr 601. Gross amount due to seller (line 420). 220,000.00 302. Less amount paid by/for the borrower (line 220) (173,894.52) 602. Less total reductions in amount due seller (line 520) (14,437.02) 303. Cash ( ? From ? To ) Borrower: 50,805.98 603. Cash ( ?? To ? From ) Seller: 205,562.98 Substitute Form 1099 Seller Statement: The information contained in blocks E, G, H, and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a return, a negligence penalty or.other sanction will be Imposed on you if this item Is required to be reported and the IRS determines that it has not been reported. Seller Instructions: if this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your tax return; for other transactions, complete the applicable parts of Form 4797, Form 6262 and/or Schedule D (Form 1040). 7, MAY 2 0 2005 DoubleTime® Cxcr C4 I ;UD-1 U.S. Department of Housing and Urban Development Page 2 = e' ` ° Q e s Paid from Paid from 700. Total Sales/Brokers Com. based on price $220,000.00 @ 5.0000% = 11,000.00 Borrower's Seller's 701. 4,400.00 2.0000 % to Re/Max Funds at Settlement Funds at Settlement 702. 6,600.00 3.0000 % to Coldwell Banker Residential 703. Commission paid at settlement 11,000.00 704. to <00 e. e • e 13MI 801. Loan origination fee % to First Community Bank of America 825.00 802. Loan discount % to 803. Appraisal fee to Entroken Associates 225.00 804. Credit report to First Community Bank of America 20.00 805. Lender's inspection fee to 806: Mortgage insurance application fee to 807. Assumption Fee to 808. Broker Fee to MoneyStreet Mortgage 1,650.00 809. Flood Cert Fee to 810. Doc Prep to First Community Bank of America 350.00 811. to 901. Interest from to /day 902. Mortgage insurance premium for months to 903. Hazard insurance premium for ears to 904. Flood insurance premium for ears to. 905. vears to 1001. Hazard insurance months per month 1002. Mortgage insurance months per month 1003. City property taxes months per month 1004. County property taxes months per month 1005. Annual assessments months per month 1006. Flood insurance months per month 1007.. months per month 1008. months per month 1009. Aggregate accounting adjustment :1 BI s- 1101. Settlement or closing fee Ali 1111' 11111111 lililillillliiliilliilli to Amity Title Inc. ee. '0 25.00 25.00 1102. Abstract or title search to Amity Title, Inc./ATIF, Inc. 100.00 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's Fees to (includes above item numbers: 1108. Title Insurance to Amity Title Inc. 250.00 690.00 (includes above item numbers: 1109. Lender's coverage (Premium): $165,000.00 ($25.00) 1110. Owner's coverage Premium): $220,000.00 ($690.00) 1111. Endorse: 8.1-25;F9-71.50 '96.50 1112. Courier Fee to Amity Title Inc. 25.00 1113, to 00 0w ?ffl T1111 MIMMIM m 1201. Recording fees Deed $6.00 Mortgage(s) $33.00 Releases 39.00 1202. City/county tax/stamps Deed Mortgage(s) $330.00 330.00 1203. State tax/stamps Deed $1,540.00 Mortgage(s) $577.50 577.50 1,540.00 1204. to 1205. to MM, MIUMME ONM?Oafflw= 1301. Survey to Mohammad B. Far 187.50 Boom= 187.50 1302. Pest Inspection to r? ? 'rr 1-, 1303. Wire Fee to Amity Title Inc. ;\\ 71 1304. to ---- 1305. to r ?' u 1306. to _ .1307. to 1308. to {'I 1{"??t.?.a;d tll:? i•..+i r?ii:tt7 { 1309. Ch V r: ? (;L'_-j". H ( Enter on lines 103, Section J and 502, Section K ) 4,700.501 13,642.501 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Vene ' o e, LLC Venetian Gar ents, L.L.C. By: Borrower Byb?'"y' _ Seller mug David P. Wade, Manager StavrosTingirides thatzager° Borrower eller The HUD-:1 Se ement Statement which I h prepared is a true and accurate account of this transaction. I have caused, or will cause, the d to dsb ?n accordance w/this a) ment. Ttle (nc?By: Authorized Representative DateW : It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and Imprisonment. F see: Title 18 U.S. Code Section 1001 and Section 1010. DoubleTime@ Northside Date: May 26, 2005 CIVIL • LAND PLANNING • s???u?s? ??, ENVIRONMENTAL • f?I.-7_• TRANSPORTATION • ORIGINAL O F TRAN S M ITTAL LETTER To: City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 Attn: Sherry L. Watkins, Administrative Analyst Reference: Venetia Cove- 308 & 314 Venetian Dr, NES Project #472 We Transmit: (X) Enclosed () Under Separate Cover () Mail () Courier 0 Pick-up (X) Hand Delivered 0 Per Your Request (X) For Your Review & Comment 0 For Your Use () For Your Approval () For Your Files (} For Your Information MAY 2 6 2005 PLANNING DEPARTMENT CITY C? CLEAi'JATER (X)Originals (X) Prints () Addendum () Shop Drawings () Specifications (X) Applications () Floppy Disk COPIES DATE DESCRIPTION 15 5/26/05 Civil & Landscape Drawings (3 sheets) (3) sets signed & sealed 15 5/26/05 8'1/2x11" Civil Site Plan 15 5/26/05 8'1/2x11" Colored Landscape Plan 15 5/26/05 Flex Development Standard Application) 15 5/26/05 Residential Sale & Purchase Contract 15 5/26105 Letters of Authorization 15 5/26/05 Warranty Deeds 15 5/26/05 Surveys 1 signed & sealed 15 5/26/05 Stormwater Report (3 signed & sealed) 15 5/26/05 8.5x11" Colored Renderings (Architectural) 15 5/26/05 8.5x11" Building Elevations 15 5/26/05 Color Charts 15 5/26/05 24x36 Architectural Drawings 1 5/26/05 Ck #5503 in the amount of $1,205.00 2 5/26/05 Comprehensive Landscape Application Comments: Design Review Committee for May 26, 2005 deadline Copies To: Fil i oreen A. Williams, Project Director 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI N DS PRI NG.COM 727 • 443 • 2869 FAX 727 446 - 8036 ITY OF CLEARWATE f= ERVICES DEVELOP NT & NEIGHBORHOO S REFUND REQUEST FORM . ORIGINAL CASE NUMBER: -.. TYPE OF FEE (S): TOTAL AMOUNT OF F ? REFUND: REASON FOR REFUND: NAME OF CUSTOMER REQUESTING REFUND; ?I_r r ,r•t _ I d-' ADDRESS: PHONE: J 3 CITY STAFF MEMBER REQUESTING REFUND: ?? C- 1„ > • WE CAN ONLY MAIL THIS REFUND TO THE PERSON WHO WROTE THE ORIGINAL CHECK. PLEASE GIVE THE ADDRESS YOU WOULD LIKE THE CHECK TO BE MAILED TO BELOW: STAFF NOTES: 0 O'd `1i ?. REFUND APPROVED BY: MAY 2 3 2005 D i 1 I Please attach any additional documents as needed. PLANNING DEPARTIMENT CVIY OF CLC'ATAIATEq r? r Receipt #: 1200500000000004780 Date: 05/26/2005 10:49:52AM Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2005-05050 04 Flexible Commercial 010-341262 1,205.00 Line Item Total: $1,205.00 Payments: Method Payer Bank No Account No Confirm No How Received Amount aid Check GAIL WADE R_D 5503 5/27/2005 In Person Payment Total: $1,205.00 • C) FIT Q) mn ra .1% ra ? T Cat 7 r" TV THIS IS NOT A PERMIT. Thi i i f Z s s a rece pt or an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. 0 M cReceipt.rpt Page 1 of 1 MTY OF C L EA RWAT #????? try Q GINA PL ANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY FLD2005-05050 308 VENETIAN DR VENETIA COVE PEOPLE Role: Owner/Property Other Other FEES Flexible Commercial VENETIA COVE 1754 SUNSET DR CLEARWATER, FL 33755 HOUSH GHOVAEE NORTHSIDE ENGINEERING SERVICES 601 CLEVELAND STREET SUITE 930 CLEARWATER, FL 33755 CLEARWATER NEIGHBORHOODS COALITION 2544 FRISCO DRIVE CLEARWATER, FL 33761 Assessed Amount $1,205.00 Total $1,205.00 PHONE: No Phone FAX: No Fax PHONE: 727-443-2869 FAX: 727-446-8036 PHONE: 727-725-3345 FAX: No Fax Amount Paid Balance Due $1,205.00 $0.00 $1,205.00 $0.00 ACTIVITIES Date 1 Date 2 Date 3 Amendment Application Received 5/26/2005 Disp Done By SLW Site Visit 5/26/2005 Solid Waste Review 5/26/2005 L Fire Review 5/26/2005 Legal Review 5/26/2005 u D'D AiRTMEMT Land Resource Review 5/26/2005 pLA1N i?11?11G DEP MAY 2 6 2005 CITY OF CLEARWATER Stormwater Review 5/26/2005 PLMNING D-PAI-MEN r:\Forms\InfoSummary.rpt CRY OF CL?.. ?'? 74,077,q FLD2005-05050 308 VENETIAIi DR Park & Rec Review Application received Harbor Master Review Environmental Review CRT Review DRC Meeting CDB Meeting Map Created Tree Survey Recd D.O. Mailed Out Notification Letter Documents attached in PPlan Engineering Review Traffic Eng Review Landscaping Review Zoning Review • • ORIGIN AL 5/26/2005 5/26/2005 SLW 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 5/26/2005 MAY 2 ; 2005 PLAWWG DEPATMENT CR OF CLEEATNATER rAForms\I nfoSummary. rpt w } 8TY OF C L EA RWAT& PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 CASE SUMMARY FLS2005-05036 308 VENETIAN DR VENENTIA COVE PEOPLE Role: Owner/Property VENETIA COVE PHONE: No Phone 1754 SUNSET DR FAX: No Fax CLEARWATER, FL 33755 Other HOUSH GHOVAEE PHONE: 727-443-2869 NORTHSIDE ENGINEERING FAX: 727-446-8036 SERVICES 601 CLEVELAND STREET SUITE 930 CLEARWATER, FL 33755 Other CLEARWATER NEIGHBORHOODS PHONE: 727-725-3345 COALITION FAX: No Fax 2544 FRISCO DRIVE CLEARWATER, FL 33761 FEES ORIGINAL Assessed Amount Amount Paid Balance Due Flex Std-Commercial $475.00 $0.00 $475.00 Total $475.00 $0.00 $475.00 ACTIVITIES Date 1 Date 2 Date 3 Disp Site Visit 5/27/2005 Solid Waste Review 5/27/2005 Park & Rec Review 5/27/2005 _ D ` Stormwater Review 5/27/2005 I ?- ' Ir w L- Tree Survey Recd 5/27/2005 IMAM 2 2005 Legal Review 5/27/2005 PLAWMj I G DERA,RTMEINT Land Resource Review 5/27/2005 CU,y Of CI.EAr.1 AIAA E R Done By r:\Forms\InfoSummary.rpt FLS2005-050 6 308 VENETIAN''DR Fire Review D.O. Mailed Out Traffic Eng Review Engineering Review Documents attached in PPlan Application received DRC Meeting CRT Review Environmental Review Harbor Master Review Landscaping Review Zoning Review n f, _J 5/27/2005 5/27/2005 5/27/2005 5/27/2005 5/27/2005 5/27/2005 5/27/2005 5/27/2005 5/27/2005 5/27/2005 5/27/2005 0 ORIGINAL 5/27/2005 SLW MAY 2 6 2005 PLANING DEPARTMENT C 'W OF CLE-A-R WAT2.q r:\Forms\InfoSummary.rpt r FLS2005-05036 308 VENETIAN DR Date Received: 05/27/2005 •f !fir. ?, r'?\"f y., ••11 ,I?•''r'.?. VENENTIA COVE MAY 2 6 2005 ZONING DISTRICT: MDR LAND USE: RU ATLAS PAGE: 259B PLANNER OF RECORD: NOT ENTERED CLWCoverSheet ? T ???.???, °? C I TY OF C L EARWAT E R 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 LANG RANGE PLANNING DEVELOPMENT REVIEW September 26, 2005 Mr. Housh Ghovaee Northside Engineering 601 Cleveland Street, Suite #930 Clearwater, FL 33755 RE: Development Order regarding case FLS2005-05036 at 308 Venetian Drive. Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On June 30, 2005, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development to permit six attached dwellings in the Medium Density Residential District with an increase to the building height from 30 feet to 40 feet, per Section 2-303.A. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with Attached Dwellings criteria under the provisions of Section 2-303.A (MDR); 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; and 3. The proposed development is compatible with the surrounding area. Condition for Approval: 1. That a final plat be recorded with Pinellas County prior to issuance of building permit; 2. That all substandard sidewalks and sidewalk ramps adjacent to or a part of the project be brought into compliance with all City and A.D.A. standards; 3. That a recreation facility impact fee of $200 is due for each new residential unit prior to the issuance of building permit or final plat (if applicable) whichever occurs first; 4. That all Transportation Impact Fees be determined and paid for prior to a Certificate of Occupancy; 5. That prior to the issuance of a building permit, all civil and landscape plans be revised to show all trees to be preserved including their canopies; 6. That prior to the issuance of a building permit, a tree removal plan be submitted; BRIAN J. AUNGSP, MAYOR FRANK I1IBBARD, VICE MAYOR HOPI' HAMILTON, COUNCRAIBIBER BILL JONSON, COUNCILNIED'IBER ® CARLEN A. PETERSEN, COUNCILMEINIBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" September 26, 2005 r r LS2005-05036 - Page 2 7. That prior to the issuance of a building permit, the Top of Bank and root prune liizes for the 22" Camphor tree be revised to be at least 1. F away from the tree; and 8. That prior to the issuance of a building perinit, the declining 15" Oak tree in the right of way be removed. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above eight condition. The approval is based on and must adhere to the revised application dated received July 7, 2005, the building elevations date received August 9, 2005, the revised site plans dated received September .15, 2005, and the revised landscape plans dated received September 20, 2005. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (September 26, 2006). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. 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. If you have any questions, please do not hesitate to call John Schodtler, Planner I, at 727-562-4547. You can access zoning for parcels within the City through our website: www.myclearwater.com. Make Us Your Favorite! Sincerely, Michael Delk, A CP Planning Director S: (Planning DepartmenAC D MFlex Standard (FLS)Wending CasesQ - Reviewed and Pending) Venetian Drive 308 (11DR)IFLS2003-03036 Development Order.doc Sep. 27 2005 04:38PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Sep.27 04:37PM 01,01 5ND 01 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). 'JOWL" o Conditions Associated Wit _",...? FLS2005-05036 " 991. 308 VENETIAN DR ;flf,jl. ire Condition Ann Downes-Blackburn 562-4327xt3025 06/17/2005 Provide 24 ft ingress and egress for emergency vehicle access. Please respond PRIOR TO D.O. Not Met 7/12/05 Revise plan submittal and narrative do not satisfy the requirement for 24 ft ingress and egress for emergency vehicles. Condition remains NOT MET. 06/17/2005 Provide minimum 30 degree radii for ingress and egress. Not Met 7/12/05 Revised plan submittal and narrative letter do not satisfy the requirement for 30 degree radii for ingress and egress. Sheet C3.1 (as directed in the narrative letter) does not show change :eq'd Tree Size Condition John Schodtler 727-562-4547 06/27/2005 07/12/05 Did not receive a revised landscape plan with a revised schedule. Not Met 06/27/05 Revise the Plant Materials Schedule for Indian Hawthorn's specification: "8' ht. x 4' spr., 2.0 inch caliper" and Resource Condition Rick Albee 727-562-4741 07/20/2005 Show all trees to be preserved with their canopies on ALL civil and landscape plans prior to Not Met Building Permit. 07/20/2005 Provide a tree removal plan prior to Building Permit. Not Met 07/20/2005 Revise the Top of Bank and root prune line at the 22" Camphor tree to be at least 11' away from Not Met the tree prior to Building Permit. 07/20/2005 Show the declining 15" Oak tree in the right of way to be removed prior to Building Permit. Not Met torm Water Condition Brian Barker 562-4779 06/20/2005 1. Need to show 50' offsite topography to determine impacts to adjacent lots or to demonstrate if Not Met offsite runoff enters the site. 7/12/05 - NOT MET. DATA NOT ON SURVEY. PLEASE SHOW OFFSITE TOPO ON DRAINAGE PLAN. 2.Provide detail for "dry well" 7/12/05 - MET 3.Pipe size from S-1 to S-2 indicates 12', should be 12". 7/12/05 - MET oning Condition 07/12/2005 Waiting for revised site plans to double check this has been met. John Schodtler 727-562-4547 Not Met Flexibility Criteria #3: Clarify, off-street parking is screened from adjacent parcels of land and any adiacent street by a landscaped wall or fence of atleast four feet in heioht. Print Date: 09/01/2005 CaseConditons Page 1 of 1 Clearwater FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: i 1o c'a L H A S HIES FAX: 4L4 G r go 3 Phone: FROM: J h n 's- Phone: NUMBER OF PAGES(INCLUDING THIS PAGE) DATE: O 1 o t o 5" SUBJECT: 300 v 6r,)E-T,t A N v2 FL--Z"N 2-0 o S «- 650 3 I 0 • Sep. 01 2005 03:06PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Sep.01 03:05PM 01'10 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. i THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). I .- . • Venetia Cove JS-J--J•?1JJ??J--J"J JJ City of Clearwater Planning Dept. 8/4/05 Mr. John Schodtler Municipal Services Building, 2nd Floor 100 S. Myrtle Ave. Clearwater, FL 33756 Re: DRC Application # FLS2005-05036 Venetia Cove Townhomes - 308 Venetian Dr. - Case Conditions Response Dear Mr. Schodtler, We are submitting to you our response via email attachment to the most recent (7/20/05) Comments and Conditions associated with the above referenced Development Review. Addressed directly on the Case Conditions Word document are our responses and information relating to General Applicability Criteria and Zoning Condition comments as requested. All other Comment areas (Land Resource, Tree, Fire and Storm Water) are responding under separate cover from the Civil Engineer, Northside Engineering Services, respectively. Please advise if this is acceptable. We look forward to working with the City on this Project. Very Truly Yours, Venetia Cove, LLC David P. Wade Principal Member Encl. 3 pgs "? 727.545.5626 - 1882 Drew Street, Suite 1, Clearwater, FL 33755 - www.venetiacove.com ? d Conditions Associated We FLS2005-05036 {e` 308 VENETIAN DR E i ;?' Fire Condition Ann Downes-Blackburn 562-4327xt3025 06/17/2005 Provide 24 ft ingress and egress for emergency vehicle access. Please respond PRIOR TO D.O. Not Met 7/12/05 Revise plan submittal and narrative do not satisfy the requirement for 24 ft ingress and egress for emergency vehicles. Condition remains NOT MET. 06/17/2005 Provide minimum 30 degree radii for ingress and egress. Not Met 7/12/05 Revised plan submittal and narrative letter do not satisfy the requirement for 30 degree radii for ingress and egress. Sheet C3.1 (as directed in the narrative letter) does not show change Req'd Tree Size Condition John Schodtler 727-562-4547 06/27/2005 07/12/05 Did not receive a revised landscape plan with a revised schedule. . Not Met 06/27/05 Revise the Plant Materials Schedule for Indian Hawthorn's specification: "8' ht. x 4' spr., 2.0 inch caliper" Land Resource Condition Rick Albee 727-562-4741 07/20/2005 Show all trees to be preserved with their canopies on ALL civil and landscape plans prior to Not Met Building Permit. 07/20/2005 Provide a tree removal plan prior to Building Permit. Not Met 07/20/2005 Revise the Top of Bank and root prune line at the 22" Camphor tree to be at least 11' away from Not Met the tree prior to Building Permit. 07/20/2005 Show the declining 15" Oak tree in the right of way to be removed prior to Building Permit. Not Met Storm Water Condition Brian Barker 562-4779 06/20/2005 1. Need to show 50' offsite topography to determine impacts to adjacent lots or to demonstrate if Not Met offsite runoff enters the site. 7/12/05 - NOT MET. DATA NOT ON SURVEY. PLEASE SHOW OFFSITE TOPO ON DRAINAGE PLAN. 2.Provide detail for "dry well" 7/12/05 - MET 3.Pipe size from S-1 to S-2 indicates 12', should.be 12". 7/12/05 - MET General Applicability Criteria #1 John Schodtler 727-562-4547 07112/2005 Revise and Clarify General Applicability Criteria #1a: How does your revised explai nation justify a multi- family attached dwelling development (use) in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located? In addition, your response indicated in speaking with the neighbors, there are no opposing residents. In fact, letters of objection were received from neighboring, notified residents. We recognize the City has received notice of neighbors concerns and we plan to address them herein. 07/12/2005 Revise and Clarify General Applicability Criteria #1 c: How does your revised explaination justify a multi-family attached dwelling development (use) in harmony with the scale, with regards to building height, of adjacent properties in which it is located? The Adjacent properties are 2 story but are not FEMA compliant from Base Flood Minimum Elevation of Eleven feet above grade. We are a 2 story Living Area Structure and comply with FEMA Base Flood Min. Elevation Requirement, we would be identical in height if adiacent oronerties comnlied with the current FEMA minimum. 07/12/2005 Not Met Not Met Not Met Revise and Clarify General Applicability Criteria #1d: How is the multi-family attached dwelling development (use) in harmony with the bulk of adjacent properties to which it is located? For example: two smaller buildings vs one larger building is or isn't in more favorable character of CaseConditons Print Date: 07/29/2005 Page 1 of 3 FLS2005-05036 308 VENETIAN DR U General Applicability Criteria #1 John Schodtler 727-562-4547 Additionally, How is the bulk regarding the increase to building height being addressed? 2 smaller Buildings instead of one larger buildings are more favorable by dividing the bulk in half and being more harmonious with the size of the adjacent structures. Zoning Condition John Schodtler 727-562-4547 07/12/2005 Revise and Clarify General Applicability Criteria #2: How will the a multi-family attached dwelling Not Met development not hinder or discourage the appropriate development and use of adjacent land and. buildings or significantly impair the value thereof? This has not been addressed. How will the proposed development not significantly impair the value of adjacent properties? The County Appraiser has valued these 2 properties today at $627,500.00. The planned development when completed and sold shall be valued at $5,400,000.00 which is in excess of an 800% property value increase, and because of this there should not be anything to hinder adjacent property values. Additionally, Your answer is incorrect with regards to the zoning districts and the associated densities. Zoning does not designate the number of dwelling units per acre. Pinellas County Future Land Use does and it is the same for the entire area (Residential Urban - 7.5 dwelling units per acre). The only uses permitted in either zoning district as a minimum standard are "Detached Dwellings" and "Community Residentail Homes with 1-6 residents". The only real difference between the properties on the north and the south side of Venetian Drive are the lot areas and depth. We ackowledge this as correct by right. 06/20/2005 Revise and Clarify General Applicability Criteria #5: How is the a multi-family attached dwelling Not Met development consistent with the community character of the immediate vicinity of the parcel proposed for development? We have attempted to address this using the map previously submitted, which shows of the 5 properties on the North side of Venetian Dr., there are 2 existing multi family attached dwellings (12 units and 3 units respectively) and 2 single family homes, and one empty lot. Our project is consistent with the existing adjacent multifamily attached dwellings. How is the proposed characteristic with regards to use (multi-family) and building height (40 feet) to the immediate vicinity? The Adjacent multi-family 2 story building does not comply with FEMA and Not Met would be identical in height to our building if it did. FEMA Minimum Height is causing this condition. 06/20/2005 Revise and Clarify. How is a building 40 feet in height minimizing adverse effects on adjacent properties? You have used a comparison with setbacks and heights else where in your responses, perhaps this could apply here as well. Yes that is our intent, by providing more setback distance we can minimize/eliminate any adverse effects. Not Met 07/12/2005 In response to HEIGHT 1: It is not understood how the need for a shade structure on the roof should supercede the criteria for the building height to be consistent with the immediate vicinity and adjacent properties. We shall reduce the total height of the Structures due to this concern, and resubmit. 07/12/2005 In response to HEIGHT 2: It is not understood how the key selling feature of a shaded roof top terrace Not Met should supercede the criteria for the building height to be consistent with the immediate vicinity and adjacent properties. While we are reducing the proposed height, we point out the adjacent 2 story Bldgs would be equal in height to this development if they were FEMA Compliant, which they are not. Not Met 07/12/2005 In response to HEIGHT 3: Clarify and/or provide a copy of the code requiring an "exit lobby" which is protected from the elements. Current State Elevator Inspectors have/are requiring this amenity. Not Met 07/12/2005 In response to HEIGHT f: The roof top terrace roof is functioning as more than a roof structure for the elevator equiptment room and therefor cannot be approved under the definition of Building or Structure Height. Staff acknowledges that architecturally the roof top terrace roof structure is more in keeping with the single family family aspect of the immediate vicinity. However, it is not understood how the height of the roof top terrace is consistent with characteristic of buildings in the immediate vicinity or adjacent properties. We shall reduce the total height of the Structures due to this concern, and resubmit accordingly. 07/12/2005 In response to Height g: The new single family residences being constructed on Venetian Point Not Met Road have been permitted with a maximum building height of 30 feet. Acknowledged 07/12/2005 In response to HEIGHT is The three new homes being constructed in the neighborhood have Not Met been permitted to a maximum height of 30 feet. Ackowledged 07/12/2005 Flexibility Criteria #1 a: How is the increase in building height from 30 feet to 40 feet resulting in an improved Not Met site plan, landscaping areas in excess of the minimum required and or improved design and appearance? Print Date: CaseConditons 07/29/2005 Page 2of3 FLS2005-05036 308 VENETIAN DR Zoning Condition John Schodtler 727-562-4547 While we are reducing the height, we have also exceeded the setback distances to accommodate additional Landscaping because the Building footprint/size is reduced due to height. Therefore less building footprint yields more land to work with on these requirements. 07/12/2005 Flexibility Criteria 1b: Explain, how the increased height will not reduce the vertical component from a parcel of land zoned LDR. (There are no properties zoned LDR in the area). There are no areas immediately adjacent zoned LDR, therefore this is not applicable. 07/12/2005 Flexibility Criteria #3: Clarify, off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height. We have created Landscape buffers as well as provided for onsite visitor parking in excess of the City Code Minimum. 07/12/2005 Note: The special warranty deed submitted has restrictions that should be taken into consideration. See Letters "C" and "D". These restrictions shall be deeded as required by law. Print Date: 07/29/2005 Not Met Not Met Not Met CaseConditons Page 3 of 3 diti i C d .?a on ons Assoc ate With FLS2005-05036 308 VENETIAN DR Fire Condition Downes Blackburn 562-4327 xt 3025 06/17/2005 Provide 24 ft ingress and egress for emergency vehicle access. Please respond PRIOR TO D.O. Not Met 7/12/05 Revise plan submittal and narrative do not satisfy the requirement for 24 ft ingress and egress for emergency vehicles. Condition remains NOT MET. 06/17/2005 Provide minimum 30 degree radii for ingress and egress. Not Met 7/12/05 Revised plan submittal and narrative letter do not satisfy the requirement for 30 degree radii for ingress and egress. Sheet C3.1 (as directed in the narrative letter) does not show change nor any notation for 30 degree radii. Condition remains NOT MET. Req'd Tree Size Condition John Schodtler 562-4547 06/27/2005 07/12/05 Did not receive a revised landscape plan with a revised schedule. 06/27/05 Revise the Plant Materials Schedule for Indian Hawthorn's specification: "8' ht. x 4' spr., 2.0 inch caliper" Land Resource Condition Rick Albee 562-4741 07/20/2005 Show all trees to be preserved with their canopies on ALL civil and landscape plans prior to Building Permit. 07/20/2005 Provide a tree removal plan prior to Building Permit. 07/20/2005 Revise the Top of Bank and root prune line at the 22" Camphor tree to be at least 11' away from the tree prior to Building Permit. 07/20/2005 Show the declining 15" Oak tree in the right of way to be removed prior to Building Permit. Storm Water Condition Brian Barker 562-4779 Not Met Not Met Not Met Not Met Not Met 06/20/2005 1. Need to show 50' offsite topography to determine impacts to adjacent lots or to demonstrate if Not Met offsite runoff enters the site. 7/12/05 - NOT MET. DATA NOT ON SURVEY. PLEASE SHOW OFFSITE TOPO ON DRAINAGE PLAN. 2.Provide detail for "dry well" 7/12/05 - MET 3.Pipe size from S-1 to S-2 indicates 12', should be 12". 7/12/05 - MET General Applicability Criteria #1 John Schodtler 562-4547 07/12/2005 Revise and Clarify General Applicability Criteria #1a: How does your revised explai nation justify a Not Met multi-family attached dwelling development (use) in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located? In addition, your response indicated in speaking with the neighbors, there are no opposing residents. In fact, letters of objection were received from neighboring, notified residents. 07/12/2005 Revise and Clarify General Applicability Criteria #1 c: How does your revised explaination justify a Not Met multi-family attached dwelling development (use) in harmony with the scale, with regards to building height, of adjacent properties in which it is located? 07/12/2005 Revise and Clarify General Applicability Criteria #1d: How is the multi-family attached dwelling Not Met development (use) in harmony with the bulk of adjacent properties to which it is located? For example: two smaller buildings vs one larger building is or isn't in more favorable character of Print Date: 07/20/2005 CaseConditons Page 1 of 3 r " . • FLS2005-05036 308 VENETIAN DR General Applicability Criteria #1 John Schodtler 562-4547 adjacent properties... Additionally, How is the bulk regarding the increase to building height being addressed? Zoning Condition John Schodtler 562-4547 07/12/2005 Revise and Clarify General Applicability Criteria #2: How will the a multi-family attached dwelling Not Met development not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof? This has not been addressed. How will the proposed development not significantly impair the value of adjacent properties? Additionally, Your answer is incorrect with regards to the zoning districts and the associated densities. Zoning does not designate the number of dwelling units per acre. Pinellas County Future Land Use does and it is the same for the entire area (Residential Urban - 7.5 dwelling units per acre). The only uses permitted in either zoning district as a minimum standard are "Detached Dwellings" and "Community Residentail Homes with 1-6 residents". The only real difference between the properties on the north and the south side of Venetian Drive are the lot areas and depth. 06/20/2005 Revise and Clarify General Applicability Criteria #5: How is the a multi-family attached dwelling Not Met development consistent with the community character of the immediate vicinity of the parcel proposed for development? How is the proposed characteristic with regards to use (multi-family) and building height (40 feet) to the immediate vicinity? 06/20/2005 Revise and Clarify. How is a building 40 feet in height minimizing adverse effects on adjacent Not Met properties? You have used a comparison with setbacks and heights else where in your responses, perhaps this could apply here as well. 07/12/2005 In response to HEIGHT 1: It is not understood how the need for a shade structure on the roof Not Met should supercede the criteria for the building height to be consistent with the immediate vicinity and adjacent properties. 07/12/2005 In response to HEIGHT 2: It is not understood how the key selling feature of a shaded roof top Not Met terrace should supercede the criteria for the building height to be consistent with the immediate vicinity and adjacent properties. 07/12/2005 In response to HEIGHT 3: Clarify and/or provide a copy of the code requiring an "exit lobby" Not Met which is protected from the elements. 07/12/2005 In response to HEIGHT f: The roof top terrace roof is functioning as more than a roof structure for Not Met the elevator equiptment room and therefor cannot be approved under the definition of Building or Structure Height. Staff acknowledges that architecturally the roof top terrace roof structure is more in keeping with the single family family aspect of the immediate vicinity. However, it is not understood how the height of the roof top terrace is consistent with characteristic of buildings in the immediate vicinity or adjacent properties. 07/12/2005 In response to Height g: The new single family residences being constructed on Venetian Point Not Met Road have been permitted with a maximum building height of 30 feet. 07/12/2005 In response to HEIGHT h: It is acknowledged that there is a building within 300 feet of the subject Not Met property exceeding 30 feet in building height. 07/12/2005 In response to HEIGHT is The three new homes being constructed in the neighborhood have Not Met been permitted to a maximum height of 30 feet. Print Date: 07/20/2005 CaseConditons Page 2 of 3 FLS2005-05036 308 VENETIAN DR Zoning Condition John Schodtler 562-4547 07/12/2005 Flexibility Criteria #1 a: How is the increase in building height from 30 feet to 40 feet resulting in an Not Met improved site plan, landscaping areas in excess of the minimu required and or improved design and appearance? 07/12/2005 Flexibility Criteria 1 b: Explain, how the increased height will not reduce the vertical component Not Met from a parcel of land zoned LDR. (There are no properties zoned LDR in the area). 07/12/2005 Flexibility Criteria #3: Clarify, off-street parking is screened from adjacent parcels of land and any Not Met adjacent street by a landscaped wall or fence of atleast four feet in height. 07/12/2005 Note: The special warranty deed submitted has restrictions that should be taken into Not Met consideration. See Letters "C" and "D". Print Date: 07/20/2005 CaseConditons Page 3 of 3 • 0 U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 To: -D69,cGrJ FAX: 44(a `?d3CO Phone: FROM: ` 1 n h"-, S' Phone: DATE: 6'7 ? O ? SUBJECT: 3648 V NLoN- Or= MESSAGE: 1 ' `0s+ y-e ct4---' C9rmm&44i:5 NUMBER OF PAGES(INCLUDING THIS PAG Jul. 20 2005 01:16PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Jul.20 01:15PM 01'47 SND 04 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-73291. 0 9 SPECIAL WARRANTY DEED THIS SPECIAL WARIZANTY DEED, made this 27"' day of February, 2003, by Venetian . Garden Apartments, L.L.C., a Florida limited liability company, whose address is 804 North Belcher Road, Suite 100, Clearwater, Florida 33765, (as "Grantor"), and Venetia Cove, L.L.C., whose address is 1754 Sunset Drive, Clearwater, Florida 33755, (as "Grantee"). WITNESSETII, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains; sells and conveys to Grantee and Grantee's heirs, executors, administrators, and assigns forever, the following described land, (the "Property"), situated in Pinellas County, Florida: West 35 feet of Lot 9 and Lot 10, Block 1, less the west 0.50 feet of Lot 10, North Shore Park, as recorded in Plat Book 003, Page 10, public records of Pinellas County, Florida TO HAVE AND TO HOLD the same in fee simple forever. Grantor covenants with Grantee that Grantor is lawfully.seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property, and: Grantor hereby does fully warrant title to the Property and will defend same against lawful claims of all persons claiming by, through, or under Grantor. The conveyance made herein is made subject to: a. real estate taxes and assessments, both general and special, which are a lien but are not yet due and payable; b. leases, easements, covenants, restrictions, reservations and conditions of record, if any; and c. Grantee may not erect a fence or other structure higher than 4 feet on the northernmost 38 feet of the western boundary line of the Property. d. Grantor and Grantor's successors and assigns reserve the exclusive right to use the area in the water located 16.5 feet to the east of the dock currently located in the water to the north of the adjoining realty (on Lot 11), and Grantee will not impede or otherwise obstruct such area. e. 'T'hese restrictions shall run with the land. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Venetian Gar eL.L.C. Grantor By: Stavros Tingirides, Manager The foregoing instrument was acknowledged before me this 27"' day February, 2003, by Venetian Garden Apartments, L.L.C., by and through its M E ", Stavros Ting 5,w?ispknown to me or who produced _2identifeaREBECCA LLUSH MY Public -State o`1': COMMISSION i DD 094232 MY commission expires: * ?; LINES: March 1. 2006 'OF Rid UmiladTWu 9udgol NOlary S?vvic¢s \ Deed \t l STATE OF FLORIDA COUNTY OF PINELLAS 0 f 9.25 am Case Number: FLS2005-05036 -- 308 VENETIAN DR Owner(s): Venetia Cove 1754 Sunset Dr Clearwater, F133755 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Housh Ghovaee 601 Cleveland Street Clearwater, Fl 33755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: nestech@mindspring.com Location: 0.92 acres located on the north side of Venetian Drive approximately 320 feet west of North Fort Harrison Avenue. Atlas Page: 259B Zoning District: MDR, Medium Density Residential Request: Flexible Standard development approval to permit six attached dwellings in the Medium Density Residential District with an increase to the building height from 30 feet to 40 feet, per Section 2-303.A. Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Carlouel Homeowners Association Association(s): Clearwater, Fl 33767 976 Narcissus Avenue TELEPHONE: 727-446-0564, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: John Schodtler, Planner I Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 . 1. A subdivision preliminary plat application shall be submitted by the applicant. No building permits other than site work will be issued until the final plat has been recorded. The above to be addressed prior to DO. The following to be addressed prior to building permit: 1. Please confirm existing sanitary manhole location - engineering atlas indicates no manhole at location shown. 2. A separate right-of-way permit shall be obtained prior to making sanitary sewer connection to manhole. 3. Bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including A.D.A. (Truncated domes per D.O.T. Index #304.) 4. The City of Clearwater ill provide water tap, set the water meter and a B.F.P.D. (back flow preventor device) if applicable. Applicant is responsible for all associated fees and all other installation fees. 5. The proposed 6-inch sewer manifold extending east and west from manhole shall be 8-inches. 6. The proposed sanitary sewer will be private including the manifold pipe. Environmental: . No Issues Fire: Development Review Agenda - Thursday, June 30, 2005 - Page 5 0 .. , Ay I . This DRC Review by Fire is not an approval or review of any construction plans or documents other than site work. 2. Provide 24 ft ingress and egress for emergency vehicle access. Please respond PRIOR TO D.O. 3. Provide minimum 30 degree radii for ingress and egress. 4. All underground water mains and hydrants must be installed, tested, and in service prior to construction as per NFPA-241. Please respond PRIOR TO D.O. 5. Drainage covers or grates in drive aisle must meet HS-20 specifications. Please respond PRIOR TO D.O. 6. Building to be protected by a fire sprinkler system meeting the requirements of NFPA-13. Please respond PRIOR TO D.O. Harbor Master: No Comments Legal: No Comments Land Resources: Show root pruning requirements under all tree canopies that require any type of excavation prior to building permit. The tree survey is incomplete, also show the trees and their canopies on parcel #2 and within 25' of the property lines prior to D.O. Additional comments may be forthcoming once a review is conducted when the trees are shown. Reroute the water line on the east property line away from the Camphor tree prior to D.O. Landscaping: I , Revise waterfront sight triangles with a note: Fencing maximum height 48 inches, landscaping maximum height 36 inches within the waterfront sight visibility triangles. 2. Per Section 3-1204.D. all landscaping must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas and sidewalks. These protective devices shall have a minimum height of six inches above grade. (There was an acceptable alternative used at the new condos at 1860 Edgewater, check it out. or landscape timbers maybe utilized) 3 . Revise the Plant Materials Schedule for Indian Hawthorn's specification: "8' ht. x 4' spr., 2.0 inch caliper" Parks and Recreation: A recreaton facility impact fee of $200 is due for each new residential unit prior to the issuance of building permit or final plat (if applicable) whichever occurs first. Credit will be given for any existing residential units. Contact Art Kader at 727-562-4824. Stormwater: I . 1. Need to show 50' offsite topography to determine impacts to adjacent lots or to demonstrate if offsite runoff enters the site. 2.Provide detail for "dry well" 3.Pipe size from S-1 to S-2 indicates 12', should be 12". Solid Waste: No Comments Traffic Engineering: I , Drive aisle and driveway must be a minimum of 24' wide for vehicles to backout of driveway. The above to be addressed prior to a D.O.. General note: Transportation Impact Fees to be determined and paid prior to a C.O.. Planning: Development Review Agenda - Thursday, June 30, 2005 - Page 6 I . Clarify General Applicability Criteria # 1: How is the a multi-family attached dwelling development in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located? Address each one. 2. Clarify General Applicability Criteria #2: How will the a multi-family attached dwelling development not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof? 3. Clarify General Applicability Criteria #5: How is the a multi-family attached dwelling development consistent with the community character of the immediate vicinity of the parcel proposed for development? 4. Clarify. How is a building 40 feet in height minimizing adverse effects on adjacent properties? 5 . Clarify. How is a building height of 40 feet characteristic of the adjacent properties and immediate community? 6. Are docks going to be proposed? 7. Provide an estimated project value. 8 . Provide a pedestrian circulation plan. Other: No Comments Notes: Development Review Agenda - Thursday, June 30, 2005 - Page 7 Jun 30 05 03:00p RANDALL W. PETERSEN? (727) 44373 P-1 r . G-11 . r / 71:11' JUN 3 0 2C,,'5 NEIGNI3OkHOOD SERVICESI CITY O C:LEARWATEN I 1 , c ? f{ J / t r 1 kk n:':1 i N ,i m CO r N N Z W O M W H W 0- 3 T- M Z O M Q O O m O LO O O m C h s; Petition to Request A Hearing RE:(FLS2005-05036) JUN 3 0 2065 NEIGRE" Cb`6ESFAICES CITY OF CLEARW,,YE`3 We the undersigned have grave concerns over proposed 40ft structure at 308 Venetian Dr. We would like an. opportunity to meet with the Development Review Committee; to discuss traffic impact, physical appearance and its appropriateness in an older quaint residential neighborhood. m Petition to bequest A Dearing m m N C` Z W O W W H W n. O A Z 9- 0 O m O in O O M bEe(.FLS2005-05036) We the undersigned have grave concerns over proposed 40ft structure at 308 Venetian Dr. We would like an opportunity to meet with the Development Review Committee; to discuss traffic impact, physical appearance and its appropriateness in an older quaint residential neighborhood. c h Name Address Phone Signature `Clearwater June 13, 2005 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER. COM RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 308 VENETIAN DR (FLS2005-05036) To Surrounding Property Owners: As a property owner within 200 feet of 308 VENETIAN DR, the City of Clearwater Planning Department gives notice that an application for Flexible Standard development approval to permit six attached dwellings in the Medium Density Residential District with an increase to the building height from 30 feet to 40 feet, per Section 2-303.A.. On June 30, 2005, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be June 30, 2005. The City encourages you to participate in the review of this application. You may contact me at 727-562-4604 or John.Schodtler@myclearwater.com for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision .of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on June 30, 2,005. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Sincerely yours, John Schodtler Planner I D ? f' r JUN 2 1 2005 PLANNING & DEVELOPMENT a SERVICES CITY OF CLEARWATER Letter of Notifcation - FLS2005-05036 - 308 VENETIAN DR V Community Response Team Planning Dept. Cases - DRC 7 Case No. ?LSza s"- d?a? Meeting Date.13 ?,e 3 ov S- Location: 30t 0144- A ? Current Use: ? Active Code Enforcement Cas no) es: ? Address number (O(no) (vacant land) ? Landscaping (yes) no ? Overgrown (ye (no) ? Debris (yes) o) ? Inoperative vehicle(s) (yes) no ? Building(s) (good) (fair (poor) (vacant land) ? Fencing (none) (good) (dilapidated) (broken and/or missing pieces) ? Paint (good) (fair) po . (garish) ? Grass Parking (yes) o) ? Residential Parking Violations (yes) ? Signage on (ok) (not ok) (billboard) ? Parkin n/ (striped) (handicapped) (needs repaving) ? Dumpster (enclosed) (not enclosed) ? Outdoor storage (yesto Comments/Status Report (attach any pertinent documen s): ar,4 Gr Qaai _ !mil i? t/ .i, I-mee ! J/ 6 u r rt oa /? ?`?sa Date: OLZ /.?j- Reviewed by: Telephone: s-&z- /7SL Revised *2941; 02-04-03 • • Page 1 of 3 Schodtler, John From: LnicK [LnicK@americraft.com] Sent: Thursday, June 23, 2005 9:23 AM To: Schodtler, John Cc: pnik@rcn.com Subject: RE: 308 Venetian Drive (FLS2005-05036) Good morning Mr. Schodtler, Thank you for your response to our e-mail. Your assumption is correct in that we are unable to be present within the time frame allowed to review the plans and be present at the meeting. Nonetheless, our interest in the Old Bay neighborhood is intense. We have owned no less than three different properties in that exact neighborhood. We are dedicated to trying to maintain an un- congested, classic atmosphere, not ruling out any compatible updating. The neighborhood is already more dense than anyone ever imagined years ago, when people just went there for the season. Usually with 1 car per home. We contribute this to the fact that most people are now year round residents in that neighborhood and every home has 2 vehicles. With additional guest parking, in an emergency, the servicing vehicles are already hard pressed to pass through some of those streets. The boomers have landed? RE: Venetian Drive; The property that is already zoned 1 level higher would put the level at 30', is that correct? Wouldn't the 40 ' height be 2 levels higher? The additional units are the biggest concern we have. We do stand firm in our objections to that congestive growth. This means not only we do not want the 6 Townhouse Units But wealso ._do not want the dwelling changed._toamulti-fam l_y_building.. Clearwater is still trying to clean up the transient environment that has plagued that area for decades. To the city's credit, they have made some extraordinary strides in that direction. Please. fee.. ffree .._to.._express ._ourobjections ...to__those prese_nt.._at the._meeti_ng.. Note: Opening this Pandora's Box - We would then subject the entire neighborhood to excessive development. After all, if it is good for one it must be good for all. Building onto, updating and re-building the homes in the neighborhood is not in and of itself A bad thing, in fact it is desirable. We are totally in favor of improvements. Adding more dwellings to an already congested neighborhood is not by any definition an improvement. Sincerely, 6/23/2005 0 • Page 2 of 3 Peter and Lucretia Nikitopoulos -----Original Message----- From: John.Schodtler@myClearwater.com [mailto:John.Schodtler@myClearwater.com] Sent: Thursday, June 23, 2005 7:02 AM To: Lucretia Nikitopoulos Subject: RE: 308 Venetian Drive (FLS2005-05036) Mr. & Mrs. Nikitopoulos: Due to technological restraints I am unable to forward you additional information over the email. I gather you are not in town at the moment and are unable to come into our office and review the plans the applicant has submitted. This property on the north side of Venetian Drive is actually zoned one level higher than all of the properties to the south of Venetian Drive, including Lebeau Street. What this means is while multi- family is not permitted, they have the ability to apply for it through this process. Just so you know, I have received correspondence from several of your neighbors regarding the concerns about the building height and the increase in traffic to your neighborhood. These concerns will be addressed during our meeting on June 30th John Schodtler Planner I -----Original Message----- From: LnicK [maiIto: LnicK@americraft.com] Sent: Wednesday, June 22, 2005 1:16 PM To: Schodtler, John Subject: RE: 308 Venetian Drive (FLS2005-05036) Hi John, We are in receipt of your letter on the above subject matter. Please forward more detailed information regarding the application to permit 6 attached dwellings with an increased height from 30 to 40 feet. Or call Lucretia Nikitopoulos Lowell, MA 978 459-9328 x-111 We are against the over crowding of he Old Bay neighborhood. The majority of the dwellings, by a far margin, are single homes. 6 units could possibly bring in 12 automobiles plus guest vehicles. The density of the neighborhood would go to higher density, which it already seems to be. While there are other concerns without more information It doesn't make sense to voice them at this time. 6/23/2005 0 • Page 3 of 3 We are definitely opposed to this development, at this point in time. Peter & Lucretia Nikitopoulos 400 Lebeau Street Clearwater, FL 6/23/2005 0 • Page 1 of 1 Schodtler, John From: Schodtler, John Sent: Thursday, June 23, 2005 8:05 AM To: 'Barsan57@aol.com' Subject: RE: 308 Venetian Dr Ms. Santin: This is to be new construction and six town homes (two buildings of three units). John Schodtler Planner I -----Original Message----- From: Barsan57@aol.com [mailto:Barsan57@aol.com] Sent: Wednesday, June 22, 2005 3:29 PM To: Schodtler, John Subject: 308 Venetian Dr Mr. Schodtler....we received your letter re: this property...... is this new construction or existing building? I assume it will be condos or townhouses.... correct?....... Barbara Santin 406 Lebeau St Clw. Fl 6/23/2005 • _ , • Mr. & Mrs. Nikitopoulos: Due to technological restraints I am unable to forward you additional information over the email. I gather you are not in town at the moment and are unable to come into our office and review the plans the applicant has submitted. This property on the north side of Venetian Drive is actually zoned one level higher than all of the properties to the south of Venetian Drive, including Lebeau Street. What this means is while multi-family is not permitted, they have the ability to apply for it through this process. Just so you know, I have received correspondence from several of your neighbors regarding the concerns about the building height and the increase in traffic to your neighborhood. These concerns will be addressed during our meeting on June 30tH John Schodtler Planner I -----Original Message----- From: LnicK [mailto:LnicK@americraft.com] Sent: Wednesday, June 22, 2005 1:16 PM To: Schodtler, John Subject: RE: 308 Venetian Drive (FLS2005-05036) Hi John, We are in receipt of your letter on the above subject matter. Please forward more detailed information regarding the application to permit 6 attached dwellings with an increased height from 30 to 40 feet. Or call Lucretia Nikitopoulos Lowell, MA 978 459-9328 x-111 We are against the over crowding of he Old Bay neighborhood. The majority of the dwellings, by a far margin, are single homes. 6 units could possibly bring in 12 automobiles plus guest vehicles. The density of the neighborhood would go to higher density, which it already seems to be. While there are other concerns without more information It doesn't make sense to voice them at this time. We are definitely opposed to this development, at this point in time. Peter & Lucretia Nikitopoulos 400 Lebeau Street iW Clearwater, FL • a LL CITY OF CLEARWATER o tearwaur PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W . MYC LEARWATER. C OM June 13, 2005 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 308 VENETIAN DR (FLS2005-05036) To Surrounding Property Owners: As a property owner within 200 feet of 308 VENETIAN DR, the City of Clearwater Planning Department gives notice that an application for Flexible Standard development approval to permit six attached dwellings in the Medium Density Residential District with an increase to the building height from 30 feet to 40 feet, per Section 2-303.A.. On June 30, 2005, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be June 30, 2005. The City encourages you to participate in the review of this application. You may contact me at 727-562-4604 or John.Schodtler@myclearwater.com for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision .of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on June 30, 2005. An. appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Sincerely yours, John Schodtler Planner I t, FJUN 2 t 2005 PLANNING & DEVELOPMENT SERVICES I w CITY OF CLEARWATER J Letter of Notification - FLS2005-05036 - 308 VENETIAN DR CITY OF CLEARWATER 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 June 27, 2005 GHOVAEE, HOUSH 601 CLEVELAND STREET SUITE 930 CLEARWATER FL 33755 RE: FLS2005-05036 LOCATED AT 308 VENETIAN DR - VENENTIA COVE Dear HOUSH GHOVAEE: The following are comments generated at the City's Pre-Development Review Committee (PRE-DRC) meeting regarding your case number: FLS2005-05036. These comments are generated early to give you assistance in preparing responses to the comments for the upcoming DRC Meeting on June 30, 2005. Please be prepared to address these comments and any others that may be generated at the DRC meeting. Resubmittals will not be accepted at the meeting, please make arrangements to resubmit to Sherry Watkins after the DRC meeting. If you have any questions about times or location, please contact Sherry Watkins, at 727-562-4582. Sincerely, r?" WAdUc.., John Schodder Planner I Cc: File 0 9:25 am Case Number: FLS2005-05036 -- 308 VENETIAN DR Owner(s): Venetia Cove 1754 Sunset Dr Clearwater, Fl 33755 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Housh Ghovaee 601 Cleveland Street Clearwater, Fl 33755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: nestech@mindspring.com Location: 0.92 acres located on the north side of Venetian Drive approximately 320 feet west of North Fort Harrison Avenue. Atlas Page: 259B Zoning District: MDR, Medium Density Residential Request: Flexible Standard development approval to permit six attached dwellings in the Medium Density Residential District with an increase to the building height from 30 feet to 40 feet, per Section 2-303.A. Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Carlouel Homeowners Association Association(s): Clearwater, Fl 33767 976 Narcissus Avenue TELEPHONE: 727-446-0564, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: John Schodtler, Planner I Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 . 1. A subdivision preliminary plat application shall be submitted by the applicant. No building permits other than site work will be issued until the final plat has been recorded. The above to be addressed prior to DO. The following to be addressed prior to building permit: 1. Please confirm existing sanitary manhole location - engineering atlas indicates no manhole at location shown. 2. A separate right-of-way permit shall be obtained prior to making sanitary sewer connection to manhole. 3. Bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including A.D.A. (Truncated domes per D.O.T. Index #304.) 4. The City of Clearwater will provide water tap, set the water meter and a B.F.P.D. (back flow preventor device) if applicable. Applicant is responsible for all associated fees and all other installation fees. 5. The proposed 6-inch sewer manifold extending east and west from manhole shall be 8-inches. 6. The proposed sanitary sewer will be private including the manifold pipe. Environmental: I . No Issues Fire: Development Review Agenda - Thursday, June 30, 2005 - Page 3 • • 1 . This DRC Review by Fire is not an approval or review of any construction plans or documents other than site work. 2. Provide 24 ft ingress and egress for emergency vehicle access. Please respond PRIOR TO 3. Provide minimum 30 degree radii for ingress and egress. 4. All underground water mains and hydrants must be installed, tested, and in service prior to construction as per NFPA-241. Please respond PRIOR TO D.O. 5. Drainage covers or grates in drive aisle must meet HS-20 specifications. Please respond PRIOR TO D.O. 6. Building to be protected by a fire sprinkler system meeting the requirements of NFPA-13. Please respond PRIOR TO D.O. Harbor Master: No Comments Legal: No Comments Land Resources: 1 . Show root pruning requirements under all tree canopies that require any type of excavation prior to building permit. 2. The tree survey is incomplete, also show the trees and their canopies on parcel #2 and within 25' of the property lines prior to D.O. Additional comments may be forthcoming once a review is 3 . Reroute the water line on the east property line away from the Camphor tree prior to D.O. Landscaping: 1 . Revise waterfront sight triangles with a note: Fencing maximum height 48 inches, landscaping maximum height 36 inches within the waterfront sight visibility triangles. 2. Per Section 3-1204.D. all landscaping must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas and sidewalks. These protective devices shall have a minimum height of six inches above grade. (There was an acceptable alternative 3 . Revise the Plant Materials Schedule for Indian Hawthorn's specification: "8' ht. x 4' spr., 2.0 inch caliper" Parks and Recreation: 1 . A recreaton facility impact fee of $200 is due for each new residential unit prior to the issuance of building permit or final plat (if applicable) whichever occurs first. Credit will be given for any existing residential units. Contact Art Kader at 727-562-4824. Stormwater: 1 . 1. Need to show 50' offsite topography to determine impacts to adjacent lots or to demonstrate if offsite runoff enters the site. 2.Provide detail for "dry well" 3.Pipe size from S-1 to S-2 indicates IT, should be 12". Solid Waste: No Comments Traffic Engineering: 1 . Drive aisle and driveway must be a minimum of 24' wide for vehicles to backout of driveway. The above to be addressed prior to a D.O.. General note: Transportation Impact Fees to be determined and paid prior to a C.O.. Planning: Development Review Agenda - Thursday, June 30, 2005 - Page 4 i • 1 . Clarify General Applicability Criteria #l: How is the a multi-family attached dwelling development in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located? Address each one. 2. Clarify General Applicability Criteria #2: How will the a multi-family attached dwelling development not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof? 3 . Clarify General Applicability Criteria #5: How is the a multi-family attached dwelling development consistent with the community character of the immediate vicinity of the parcel proposed for development? 4. Clarify. How is a building 40 feet in height minimizing adverse effects on adjacent properties? 5 . Clarify. How is a building height of 40 feet characteristic of the adjacent properties and immediate community? 6. Are docks going to be proposed? 7. Provide an estimated project value. 8. Provide a pedestrian circulation plan. Other: No Comments Notes: Development Review Agenda - Thursday, June 30, 2005 - Page 5 Jun. 27 2005 11:11AM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Jun.27 11:09AM 01'42 SND 04 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). LL CITY OF CLEARWATER Clearwater > PLANNING DEPARTMENT MUNICI PAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W .MYCLEARWATER. C OM June 13, 2005 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 308 VENETIAN DR (FLS2005-05036) To Surrounding Property Owners: As a property owner within 200 feet of 308 VENETIAN DR, the City of Clearwater Planning Department gives notice that an application for Flexible Standard development approval to permit six attached dwellings in the Medium Density Residential District with an increase to the building height from 30 feet to 40 feet, per Section 2-303.A.. On June 30, 2005, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be June 30, 2005. The City encourages you to participate in the review of this application. You may contact me at 727-562-4604 or John.Schodtler@myclearwater.com for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on June 30, 2005 . An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Sincerely yours, John Schodtler Planner I Letter of Notification - FLS2005-05036 - 308 VENETIAN DR CHURCH OF SCIENTOLOGY CHURCH OF SCIENTOLOGY FLAG SVC FLAG SVC 503 CLEVELAND ST 503 CLEVELAND ST CLEARWATER FL 33755 - 4007 CLEARWATER FL 33755 - 4007 ALTINTOP, JOHN THE YETTER, LISA L THE 406 VENETIAN DR CLEARWATER FL 33755 - 1750 ARCHER, JOHN URSO, GARY 314 VENETIAN DR CLEARWATER FL 33755 - 1748 VENETIAN GARDEN APTS LLC 804 N BELCHER RD SUITE 100 CLEARWATER FL 33765 - 2150 PRECISION HOTEL MGMT CORP 1800 N FORT HARRISON AVE CLEARWATER FL 33755 - 1710 KNICKMAN, ROBERT P FAMILY TRUS 405 VENTIAN DR CLEARWATER FL 33755 - 1751 DURAND, J P / 309 VENETIAN DR ? CLEARWATER FL 33755 - 1749 NICHOLS, PETER G 1132 SUNNYDALE DR CLEARWATER FL 33755 - 1439 NIKITOPOULOS, PETER NIKITOPOULOS, LUCRETIA 238 PINE ST LOWELL MA 01851 - 3129 GORDON, KEVIN R 416 LEBEAU ST CLEARWATER FL 33755 - 1715 PRECISION HOTEL MGMT CO 39 SUNSET BAY DR BELLEAIR FL 33756 - 1643 PRECISION HOTEL MGMT CORP 1800 N FORT HARRISON AVE CLEARWATER FL 33755 - 1710 PETERSEN, RANDALL W 319 VENETIAN DR CLEARWATER FL 33755 - 1749 HOWARD, CARLTON T JR HOWARD, RIANNE M 1815 SUNSET DR CLEARWATER FL 33755 - 1745 ESPOSITO, PHILIP G 308 LEBEAU ST CLEARWATER FL 33755 - 1713 SANTIN, THOMAS SANTIN, BARBARA 406 LEBEAU ST CLEARWATER FL 33755 - 1715 HEAD, DAVID 2228 CYPRESS HOLLOW CT SAFETY HARBOR FL 34695 - 5517 'jvs • ARCHER, JOHN P URSO, GARY A 314 VENETIAN DR CLEARWATER FL 33755 - 1748 VENETIA COVE 1754 SUNSET DR CLEARWATER FL 33755 - 1760 BREHM, CHESTER W 1812 N FORT HARRISON AVE CLEARWATER FL 33755 - 1710 LINDSAY, SALLY 491 BROADWAY NEW YORK NY 10012 - 4412 MATTHEWS, GARY L MATTHEWS, WANDA A 311 VENETIAN DR CLEARWATER FL 33755 - SNYMAN, CYNTHIA F 1807 SUNSET DR CLEARWATER FL 33755 - 1745 DONAHUE, DONALD DONAHUE, KATHLEEN B 312 LEBEAU ST CLEARWATER FL 33755 - 1713 DONAHUE, DONALD BUTTICE-DONAHUE, KATHLEEN PO BOX 29 CLEARWATER FL 33757 - 0029 WACHHOLZ, PAULA L 1812 SUNSET DR CLEARWATER FL 33755 - 1744 DE LISLE, DAWN M BONTZ, GERALD W PLACE, CHARLES N THE DE LISLE, RONALD J 1833 VENETIAN POINT DR 1827 VENETIAN POINT DR 1824 VENETIAN POINT DR CLEARWATER FL 33755 - 1753 CLEARWATER FL 33755 - 1753 CLEARWATER FL 33755 - MORNS, GEORGE W JR • • MOHNS, JUNE L - 13321 BOCA CIEGA AVE MADEIRA BEACH FL 33708 - 2443 _ -FLS2005-05036 _ 308 Venetian Drive JVS `C l; File Edit Options %?Vindok-%, Help rv. P :Q Exit No op?n T-, -k Lit QBE VI: ? C1oK, Edit - L LAC llrl r?OCUI11W: a Name: HOUSH GHO\/ AEE Updated: &-'9 2005 JVS Atl3? General FLS2005-05036 dI] ress:308 ??'ENETIAN DR ??1?a_t?i#? 'L ,6 Pr' Nazi VENEHTIA COVE Zuninq ? g ?J# FL 200 -0!D D sc.rii?t?cui: Fly ir,l? :=;t:?r,r?:?rii iia'rNlrr?rr?ar t r rrrrr:?l to r-arrnIt I:r ::?tt::ii+iP d rl' aplllnric: in ti-Ip h (j 1171 X1 - °- .., a ener ! ^o V0 Role Neighboiboo(1 "--o( Up d at e d: 61°. 005 Bye- SSW` ? M 'tt F'lnne- I, Nrrie:___? CARLOUEL HOMEOWNERS ASSOCIATIO _? 3 x corTmr o? P'rgj ,address: =??13- NARCISSUS AVENUE J ? ? o o w: uqa? City CLEARI ATER 'j State ? Province: FL r /p4lti 1F1 tc7l? 33767 ` DRCU ?:er???nName. E?'..E IN LATHAN Hold. ? Note- os- n s , 10 7777 , _ %......? _Z" . 1?,. w....a ..F i ! 1' iekv people information Planning De rtment ? k ? ? 3:33 PM File Edit Options %- inclok?%, Help Exit Nkw cip'n Ta,:*Lilt L:BE Vim # Gla_c Edit G, ckktc cw,cs Docurmnts Name: HOUSH GHO\,,AEE Updated: &G.,`2-005 J VS, fl as General p{ dress:308VENETIAN DR I\?laster#: FL'S200 -0;fiz ? ? ?E . ItI]I]II J#: FL` 200-5-0h036 Prj Narr VENENTIA COVE ?Zoning Description', Fla. ihla ?f,anrl?r? r??ti:Nli?r?m_ar7t :?rrrrrr:?l to nPtrnit =:ir .?tt:?rtar? rinrNllirri=: ire Robe: Neighboubood ASSOe Updated-2/10/2005 By: ,.VS Planner -; I l LEARIATER BEACH ASSOCIATION Name: 3 Pro_ Address: 106 REIN DR _ p City: i?LEARUVATER State ? Province: FL C?er7aF?let? 9 ? - ______ _ _- 1 zip /postal: 3767 F. DRC Company Name: t IAA KEYES I Held Notes. ? r a_. _- =tart' Planning Department L 3:34 PM Lei 119 1 X1 o 0 0 , z , ? r 1 Clearwater June 09, 2005 Housh Ghovaee 601 Cleveland Street Suite 930 Clearwater, Fl 33755 CITY OF CLE RWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER. COM RE: FLS2005-05036 -- 308 VENETIAN DR -- Letter of Completeness Dear Housh Ghovaee : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2005-05036. After a preliminary review of the submitted documents, staff has determined that the application is Complete. The Development Review Committee (DRC) will review the application for sufficiency on June 30, 2005, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4604 or John. Schodtler@myclearwater.com. Sincerely yours, Jo n Schodtler Planner I Letter of Completeness - FLS2005-05036 - 308 VENETIAN DR Northside 5"M" smilka Ise. 1,,- Date: June 8, 2005 • ORIGINAL LETTER OF TRANSMITTAL To: John Schodtler, Planner II City of Clearwater 100 S. Myrtle Ave, #210 Clearwater, FL 33756 Reference: NES Proj# We Transmit: Venetia Cove 0472 Enclosed Mail Pick-Up Per Your Request For Your Use For Your Files Under Separate Cover UPS Overnight X Hand Delivered X For Your Review & Comment For Your Approval For Your Information By: dkjAz FaQ Doreen Williams, 'Project Director Copies To: File N. Pelzer A. Haines 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI N D5PR1 NG.COM 727 • 443 - 2869 FAX 727 • 446 • 8036 X CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • Originals Prints Addendum Shop drawings Specifications Applications Floppy Disk Please contact us at (727) 443-2869 should you have any questions or comments. Northsme Ise, June 6, 2005 Mr. John Schodtler Planner I City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2005-05036 308 Venetian Drive Dear Mr. Schodtler: CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ORIGINAL Please find below our responses to your incomplete letter dated June 3, 2005. 1. One signed and sealed survey and 14 copies are attached for 308 Venetian Drive. The owner will record a Unity of Title prior to issuance of building permits. 2. Sheet A-1 has been revised to reflect the correct building height measured from FEMA. 3. Building elevations and description of structure located west of swimming pool has been indicated on architectural drawings. 4. Per our conversation this morning, a survey with trees located 25' outside the property line will be delivered on Friday, June 10, 2005prior to 12:00 pm. If you have any additional comments, please feel free to call. Sincerely, Project Director 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DSPRI NG.COM N ESTECHQMI N DSPRI NG.COM 727 - 443 • 2869 FAX 727 - 446 - 8036 06!03/2005 02:43 FAX FROM : Donoghue Wood Associates a W? •:- r.uul 4,. W1.7 X744 aL4 !rI@CM :CitArCluanaater-z;a'i Dept, 'gel r June 0'3, 200 11"1) Ohoym 601 CavaIand Strear Suite 030 Clearwater P1 33-755 GEORGE A SHIMP 101001 FAX NO. : 7277342927un. 03 2005 03:05PM P1 rauk!lHSylyE ENG :nUCS PAGL 02,? 02 Fox Nb. 4727 5u d$&- Jum, 03 20s (?1.3wm PI ?? l2 CITY OF CLEARWATER PLA.ANING DEPARTMENT W7KtC1PALSnRV1C.738 9U1LDINO -100 gfJ1JT MYR7`t.,E AVEATUE, CI EAitW.ATrP. F?LoRIDA 33756 TEL8F140-N-0. (727) 362-450i7 ;F'AX (721) 562457R *WW 2AYC119AAWA T,?4t .QOM. ORIGINAL RE! FJ.SIOU-t}3t136 -- 309 'VP.NMAN AR - Latime ofiAcccipicuum Dasr Noush Qhovan: The Pktrifts Staff has 0416rod ywm appjjwt{on itlto 11V Dapartme Wo ii>pirgj'0 and "RiSned tax a?'!lv+?t t?.?2oo5.OSa315. At1crA pt4!lim?iuaiiiy?view a#'tha ?d ?lsaoutno?„ g}? detaftned diet tiro apllcatiorr is n ae Lue with Cht3 iblI&MRg co mxmrs. I. Pmvldc rMV*S) far antite Vmjwt. t3Wy re Oved surM t'br" 314 Versmt wn Dtrive. 2. Revised! buiidfngaievations (S h= A-1) to provide balldlag Iaw4ht zasmuvd frp.m the FEMA_ reeui d aiini?„ m t4d?Urclcvadom to dig top (aft Ow midpo?itm of the roof dov`a ii t w upper 3, Novi& bull ft eiat eAaw amt tlce lon for sttuetum band %vQst of 4w sw 4. Por A(elt Algae > 562-4?41), a tree a?rrrey is mquired Onciudi+tg miatin ji rya or ailbe an dw pool. thin 25' Of the 4aca t kite, by species, size (flBFT 4" Or g,,?), mW iocatiar, itcluding delp litter mmd indiestie p4m to be mmo;4. Section 4.2D2 ofthe Crjmww* D"Icptai M CW4 stet o that Pan inevmpletc, tiro def.,oicac cs of talc aMUQ rloa a1W16c spew ied by S & No Ai than diC eveloPrAeat review actim shell be taiten =07 &e deAcdanaies are cometed sand die application is dumM ice. P a&w restt =: by xosedey, Ju 7, 2005 (11-00 noaa), Tfyou have eny ml emions, p1wc pia moot horitate to comrts.ctwo at 727%162 John. ScWtkr;V:m wabt.Q m. Sir?c,mtoIY3ro? r6p) ?f?.. John Stahtxdlar Pluner I Catr..?rr„ ,t?,? Rr• M Y2ans rhH7,9A • drM rk? #aivIJA Clearwater June 03, 2005 Housh Ghovaee 601 Cleveland Street Suite 930 Clearwater, F133755 aT 0 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W WW.MYCLEARWATER.COM RE: FLS2005-05036 -- 308 VENETIAN DR -- Letter of Incompleteness Dear Housh Ghovaee : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2005-05036. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Provide survey(s) for entire project. Only received survey for 314 Venetian Drive. 2. Revised building elevations (Sheet A-1) to provide building height measured from the FEMA required minimum floor elevation to the top (not the midpoint) of the roof covering the upper decks. 3. Provide building elevations and description for structure located west of the swimming pool. 4. Per Rick Albee (562-4741), a tree survey is required (including existing rees on site an dwithin 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicatin gtrees to be removed). Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by Tuesday, June 7, 2005 (12:00 noon). '"7 If you have any questions, please do not hesitate to contact me at 727-562-4*zror John. Schodtler@myclearwater.com. 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PAW: 160 `Aff c CITY OF CLEARWATER 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 LONG RANGE PLANNING DEVELOPMENT REVIEW September 26, 2005 Mr. Housh Ghovaee Northside Engineering 601 Cleveland Street, Suite #930 Clearwater, FL 33755 RE: Development Order regarding case FLS2005-05036 at 308 Venetian Drive. Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On June 30, 2005, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development to permit six attached dwellings in the Medium Density Residential District with an increase to the building height from 30 feet to 40 feet, per Section 2-303.A. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with Attached Dwellings criteria under the provisions of Section 2-303.A (MDR); 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; and 3. The proposed development is compatible with the surrounding area. Condition for Approval: 1. That a final plat be recorded with Pinellas County prior to issuance of building permit; 2. That all substandard sidewalks and sidewalk ramps adjacent to or a part of the project be brought into compliance with all City and A.D.A. standards; 3. That a recreation facility impact fee of $200 is due for each new residential unit prior to the issuance of building permit or final plat (if applicable) whichever occurs first; 4. That all Transportation Impact Fees be determined and paid for prior to a Certificate of Occupancy; 5. That prior to the issuance of a building permit, all civil and landscape plans be revised to show all trees to be preserved including their canopies; 6. That prior to the issuance of a building permit, a tree removal plan be submitted; BRIAN J. AUNGS'I', MAYOR FRANK HIBBARD, VICE MAYOR HoYL Hk-\IIL'i'ON, COUNCILMEMBER BILL TONSON, COUNCILMEMBER CARLEN A. PETtiRSLN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRDtiKCIVE ACTION EMPLOYER" September 26, 2005 a FLS2005-05036 - Page P 7. That prior to the issuance of a building permit, the Top of Bank and root prune lines for the 22" Camphor tree be revised to be at least I F away from the tree; and 8. That prior to the issuance of a building permit, the declining 15" Oak tree in the right of way be removed. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above eight condition. The approval is based on and must adhere to the revised application dated received July 7, 2005, the building elevations date received August 9, 2005, the revised site plans dated received September 15, 2005, and the revised landscape plans dated received September 20, 2005. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (September 26, 2006). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. 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. If you have any questions, please do not hesitate to call John Schodtler, Planner I, at 727-562-4547. You can access zoning for parcels within the City through our website: www.myclearwater.com. Make Us Your Favorite! Sincerely, Michael Delk, A CP Planning Director S:Tlanning DepartmentlC D BTIex Standard (FLS)Tending Casesl2 -Reviewed and Pending) Venetian Drive 308 (MDR)TLS2005-05036 Development Order.doc MAY 2 6 2005 ORIGII\;? 0 0 r 'I J It, 0 'll ;ins T 0, IH H I 0 a -lH I • ___ ? ! iii u??r 0 Vn Un pMp °v, U.S. POSTAGE CITY OF CLEARWATER ?a \JLN?5'L PLANNING DEenRMNT rte:-" ?? a9?97EF,F???°? Post OFICE Box 4748 W; F?F?11Rt•1 °1 1 ?;F! 11'lr F; : i J711F j F•dTllr?ll METER 717335 CiLEARWATER, FLORIDA 3 3 7 58-4748 KNICKMAN, ROBERT P FAMILY TRUS 4 '(?5 VENTIAN DR CLEARWATER FL 33755 - 1751 'J •J-,?z+s? ?? -?-a-:?:;ac:? W =s=? i??il?„ii?i???i,i,i,1},i„i??i -13t,i,is3li„iI,,,lli CITY OF CLEARWATER PLAPMG DEPARTMENT POST ONCE Box 4748 CLEARWATER, FLORIDA 3 3 7 58-4748 fi 7 I IP }.; 7 n F,r= }•3C}v: P 0' . p `' a q? .')rTAC,E JUN 15'0 . ? cca , .? y- ?i1 METER 717335 ==s SNYMAN, CYNTHIA F 1807 SUNSET DR CLEARWATER FL 33755 - 1745 f"j?j,.,#?,„•??,?t.,.t-"'•?-?..e' =`:Y•"!'»:. illl?F}Iltii Etl?!!t?}?3}?Sii3l??I111F1331?St1lt!!?!?