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FLS2006-06034T7 AS# 0 Planning Department e } ' Clearwate 9()0 $OUth Myrtle Avenue • Clearwater, Florida 33756 Telephone: 727.562-4567 Fax 727.562.4865 0 SUBMIT.ORIGINALSIGNEDANDNOT,A NO-TMIZED APPLICATION 0 SUBMIT 14 COPIES OF THE ORIGINAL. APPLICATION - Plans and application are. req-ed. to booolllated.. stapled, and folded into.sets.. 0 SUBMIT APPLICATION,FEE $: H + 1. CASE RECEIVED BY (staff. initials): DATE RECEIVED: RECEIVED JUN n q ?n.96 PUNNING DEPA14-MEW CROF CLEARWATIR * NOTE: is'ToTTAL seTs.oF INFORMATION REQUIREO (APPLICAnoNs PLUS SITE PLAN SETS). FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 43/28/2006) .--PLEASE TYPE OR P,PJNT- A.•..APPLICANT, APPLICANT NAME: MAILING ADDRESS: PHONE. NUMBER: PROPERTY OWNER(S): Ust ALL. owners on %e deed AGENT NAME:, MAILING ADDRESS: PHONE NUMBER:: DELL NUMBER: 'ERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) Inland Southeast Clearwater Development L.L.C 750 S. Orange Ave. 201 Winter Park 32789 FAX NUMBER: (407) 691-2139 Inland Southeast Clearwater Development L.L.C Scott Fish Franklin, TN 37067 FAX NUMBER: _(615) 771-2456 _ (615) 771-2444 .r=-mAlLAoDR88s- sfisheyman@aol.com 5. PROPOULO MWELOPMENT INFORMATION: (Code:Seetfan 4-202.A) PROJECT NAME,*, Clearwater Collection Shopping Center pRoJEcTvALUATIoN: STREET ADDRESS` 21750 US Highway 19 North PARC.E.L NUMl ER(S): PARCEL SIZE. : PARCEL SIZE. '(Square feet) (Was) Attached LEGAL.DESCRIPT ON I PROPOSED USE(S):; I5ESCRIPTION.OI REQUEST-., 'Speetricalty Identify tKo reoest ;(include number of units or:square footage o non»residentlal use aFnd,ali requestedcode deviations;; reduction in requlred number of 'parking spaces, specific use, etc.) 31'0" Para it Elevation To Match Existing L.A. Fitness / Old Target Parapit Height. SIPWnrdng peyatlntenflApp)cW- F&rhVw cdogm(4YelnBisAM F..u,mi 8FlcxiCla SE W1wd. t3ave(f LS) MD Ooc Page .1 of 7 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR). A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT. OR A PREVIOUSLY APPROVED (CERTIFIE6) SITE PLAN? YES ^ NO - (if yes, attach a copy of the applicable doements) C. PROOF OF OWNERSHIP:. (code Section 4-202.A.5). Q SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERLY OR SIGN AFFIDAVIT ATTEs'nNG OWNERSHIP . (se Page 7) D. 0 1.; WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-993.A) Provide completa responses to the six (6) GENERAL APPLICABILITY CRITERIA - Exclaim „h_g_w each criteria Is achieyed. In detail. The proposed development of the land will be in' harmony with the scale, bulk, ooverage,,dermity and character of adjacent properties in which it,is located. The other 3 intersections are retail use and the proposed uses will not affect adjacent property. 2.. The proposed development will not hinder or dis<? the appropriate development and use. of adjacent land and WIdings or significantly. irnpair tha value thereof. Adjacent land is Brighthouse Field - Kanes Furniture - Brighthouse Network. The Re- Development is consistant with the use and will revitalize the area. 3. The proposed development will not adversely aftec t the health: or.safety or persons residing or working in the neighborhood of the proposed use. The Development Will Not Affect Health or Safety or Persons Residing In The Area. 4. The. prr d-developtnent.is designed to minimize irafgc.c6ngestion. The Proposed Development Has Met The New Codes For Parkin and Landscaping. 6. The proposed dievekopment'ls consistent vAtti ihe.cx mnur>ity cltaractef."ri# the WIrnediate vicinky of.the parcel proposed fordeveiopmem The Development and Architecture will be consistant with Brighthouse Field and Has Been Approved By The Phillies and Parks and Recreation. 6. The design of the ptoposed,developrnent minlmizes adverse effects.. In ng, visuals acoustic and olfactory and haws of Operation 1.m . i. . 4,18djacent plmpertles. The Design is not intrusive and is consistant with the use of the surrounding property. 51Plenrorg l?Pa(ItnenilAPDikotion.fa'mstdewlop?rneni re+4evh2ty4£ CamsSFie7Rbla,SGnAdMd..Lkiw?fbpmcm (fLS) 2006,;lac Page 2 of 7 WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) ? Provide complete responses to the applicable flexibility criteria for the specific 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: E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) ? A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to 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. ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ? 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): ?..------'----- ?., water 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) ? SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ? 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; ? TREE INVENTORY; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees;. ? 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; ? 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 applicable; S:\F'lanning uepartmentwpplication Forms\development revlew12006 Forms\F lexible Standard Development (FLS) 2006.doc Page 3 of 7 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) O SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree description and location of understory, ground cover vegetation and wildlife habitats, 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 Sara and water lines; 7 All parking spaces, driveways, loading areas and vehicular use areas; / D b , and specimen trees, including ation of all public and private easements; sewer lines, manholes and lift stations, gas eptctton y shading or crosshatching of all required parking lot interior Ian scaped areas; Location of all solid waste containers, recycling or trash handling areas an 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 v Location of all existing and proposed sidewalks. JI I t Uf11 Ali-ABLE TOf 2XISTing,,_ regw`red, and proposed de0eloiment, 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, present( number of required spaces; Total paved area, including all paved expressed in square feet & percent a Official records book and page nu ber easement; Building and structure heights- Impermeable surface ratio . R.); and Floor area ratio all nonresidential uses. EXISTING REDUCED COLOR SIT?OPNto scale (8 '% X 11); FOR DEVELOPMENT ONE ACRE, provide the following additional information on site plan: One-foot co7ons s or spot elevations on site; Offsite eleva if required to evaluate the proposed stormwater management for the parcel; All open ace areas; Locati of all earth or water retaining walls and earth berms; Lot nes and building lines (dimensioned); reets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; tabular form with the irking spaces 8r driveways, of the paved vehicular area; s of all existing utility REQUIRED PROPOSED SAPlanning DepartmenhApplication FormsWevelopment review12006 FormsTlexible Standard Development (FLS) 2006.doc Page 4 of 7 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): 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; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; 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 COLOR LANDSCAPE PLAN to scale (8 %X 11); ? 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. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) ? BUILDING ELEVATION DRAWINGS -with the following information; All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; Sight visibility triangles; V REDUCED BUILDING ELEVATIONS - same as above to scale on 8'/? X 11. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to 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). ? Reduced signage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program application. SAPlanning Department\Application Forms development review\2006 Forms\Flexible Standard Development (FLS) 2006.doc Page 5 of 7 0 0 K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ? Include if required by the Traffic 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. 0 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. 1 L. f"IKC rLVYY VHLIaJLA1 IV1V?/ YYH1 CR•J I ULlT:?-?? _ __..r_. ?-..._ . ?_ _....._ .,? ._._ Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. 0 Acknowledgement of fire flow calculationstwater study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. "It CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER 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 Fire Prevention Department at (727) 562-4334. M. SIGNATURE: I, the undersigned, acknowledge that all r e STATE OF FLORIDA, COUNTY OF PINELLA$ in this application are true and accurst o bn Sworn to aPd subscribed before me this 3Ul "`day of knowledge and authorize City represe ati as to v and ?QGZ A.D. 20 _to me and/or by qrs known has photograph t property described in is pl? I SEE ;-who is p ona Ali/ NOTARY Produced ?? yr i ?vLS C_ / n4 PUBLIC ?ideati€isatl lJ s . / /. Signature of property owner or representative My c W1 ' EXPIRES JUNE 20, 2009 SAPlanning DepartmentWpplication Forms\development review\2006 Forms\Flexible Standard Development (FLS) 2006.doc Page 6 of 7 UP Development 215 Gothic Ct. Franklin, TN 37067 RE: Clearwater Collection Shopping Center 0 No Stormwater plan is needed at this time if this changes we will provide a Stormwater Plan when the next phase of the project is brought through for approval. Regards, Scott Fish • May 30 06 03:26p Southern Ice Arena rAFFIDAVIT TO Aul-HORIZE ACCNT: 6157712456 p.2 f (?Vid? nnmrc: ar :=dl r)rgpa(iv 4-ewf-,; qn dmgd _ PRIM I- °itll n trner.: .? ?tit7C _ .. G.J E lect-1=rl,?C_:??? 4:_. ??r kC1; ?.f ?.?+ ?..,.?.. ?-r ?,a. _•,.. 2. Tnat (1 rrnnrro aro) thc., OWOWfs) and record title holder of tho Following dnearfbod propcny (aodross or general location): 3. rnat this property eonstltutos tho prop^rty (or which a fora: (d(,-^:Cribc reGuc:,t) y 7 4. Th8t tho underr'igned (NWhovp) appointed and (6orw' .<, I.appolnt n:. (nisrtheir) aJent0E-i IQ execute any Detllions cw othot :)cumanlc-npOrtsWuy IC- OfoW such p0itiun, 5, That this affrd7wf h.41 tx^,>n uxmculcx; to inCuCe II1C Cltt' : ? Ctearv. tor, t-'coring to ransiasr and ad on the above dcscribcd croPrny; 6. That alto vioit; to the nr•oporty a ra nrc,;,o;;uy L y City ro 'i ecntaaves In ordur to procass this aor%Cation and (he*-nor authorizes Clty .,p?.,:.r• ts•bv,,c: to vrs(t tind photograph the prcpory do--cribod In this 8ppliCAtion, 7. Th)P(flwp) ihc, undFnignQd i tncr tvlherer y Wrtity in. it Ino fLrogoinq is true and correct. _ :4 I''rc?pr: or '`--""? PropExty Ownr? „- ---Prot?rty Owner Proverty Owner - - "/ATE OF FLORIDA, ;OUNTY OF pWELLAS B41fore me the undf-minnrd, an offioe-r duly commissic : i by the laws of the Slate of Florida. on thin _ i? day of /?" i personally appear:..: _ l_ytk.j`?t tne, A j ('? , . x - who h, ving bpvn fir t duly 3wgrn Deposes, nd says that h Jahe fully understands thte C: lents of the affidavit that hetsho sl9ned, NOtr+ry :,rdlQttimp fl w_.?.~ _ Notary Pt My Comm islan eXpief-h; Goody '.F,., n•qt n,:r nnrn114PD1'.rW!•rw,•v, ::volupmrru ln?n m?'rytl.p, MW d- 10 . 1 0 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: Lot 4, THE CLEARWATER COLLECTION SECOND REPLAT, a subdivision according to the plat thereof recorded in Plat Book 107, page 24 of the public records of Pinellas County, Florida; less and except those portions thereof conveyed, taken or used for U.S. Highway 19. .PARCEL 2: Non-exclusive easements for the benefit of Parcel 1, as reserved in Deed recorded in Official Records Book 1479, Page 95, and as created by that certain Easement Agreement dated November 19, 1986, which is attached as Exhibit "A" to Assignment recorded in Official Records Book 7319, Page 993, of the public records of Pinellas County, Florida, as affected by said assignment, for the purposes set forth therein, over and across the lands set forth therein. PARCEL 3: -° "-'TV;t-i ?.;uswi ?a?ciii Iub'1U Llc . uciiC raicBi"i; as'creaCea oy Cnat'certlm Parking_an_d-Dnveway Easement recorded in Official Records Book 6440, Page 2002, as amended in Official Records Book 6735, Page 212, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across'the lands set forth therein, less and except those portions thereof conveyed, taken or used for U.S. Highway 19. PARCEL 4: Non-exclusive easements for the benefit of Parcel 1, as created by that certain Operation and Reciprocal Easement Agreement recorded in Official Records Book 6440, page 2013, as amended in Official Records Book 6735, page 217, in Official Records Book 6921, page 129, in Official Records Book 7541, page 849, in Official Records Book 7561, page 2125 and in Official Records Book 9664, page 451, together with that certain Covenants, Restrictions, Grant of Easements and Modification of Clearwater, Commons Shopping Center Operation and Reciprocal Easement Agreement recorded in Official Records Book 12196, page 391, of the public records of Pinellas County, Florida, for the.purposes set forth therein, over and across the lands set forth therein, less and except those portions conveyed, taken or used for U. S. Highway 19. PARCELS: Non-exclusive easements for the benefit of Parcel 1, as created by that certain Drainage. Easement Agreement recorded in Official Records Book 6618, page 2190, as affected by instruments recorded in Official Records Book 8629, page 152 and in Official Records Book 8681, page 394, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across the lands set forth therein, less and except those portions conveyed, taken or used for U.S. Highway 19. SECTION 7, TOWNSHIP 29 SOUTH. RANGE 16 EAST _ ! a: ; rlrrx:. ; rt?'°."'~ ttmluc..)n.:wL T pyt*c.lifss PWELLAS COUNTY. FLORIDA I I rr mrn ! DESCRIPTION I? roi,'In.ai ? ?In ??iur?.mc?+m?i:as i wo n a ,nr ?W ? ? vl?r ?? , ? a K .., ..?• I I I 6?RY Nf pi MtlIM.T l4 Mtl))MO SrU rrm M T ,.uo ! B R I G H T H 0 U S E ! I I t rriw-?.a. «.w..? M a. wN .I .wr 4 « ,«.? Y ar ,.sr. Y ? .. F I E t D I I I t>rwr .«._ .... ,`a} q.r ......+ ?.,.., ...-...I ?'?? I 1 I el,•fr bw ?% 7ntt ..•• Ml r tlr >dyr r•...• M r.,+« C.nTy, )IrYr • i w.._a. it fatc , Mri. ? trr ' °'•+ rr _ I ?. 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R ? LL$ OVERALL PROPOSED EAST EXTERIOR ELEVATIONS d b s N c C 5 lo? 0 PROPOSED VATION - ENLARG=ED 'AT ION LU p O;tt v W3?? nQ? ? a W i[ LLuu? Q 05055 Alm TOWER S } 6157712456 F, r -I LJ 30 S. 17°i Street Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Facsimile: (215) 893-8719 FILE NO.: Scott Fish I PLEASE DELIVER THE FOLLOWING MATERIAL TO: FAX NO.: (615) 771-2456 OFFICE NO.: FROM: Michelle K. Malmo , Esquire i NUMBER OF PAGES (including this cover page): 36 IF TRANSMISSION IS NOT COMPLETE, PLEASE CONTACT Stephanie AT EXTENSION 8738 - -=--n-"-A vwuvHm_ ur ! lyla'UVGUMtN I WILCBE SENT VIA: J I ? Ordinary Meii ? Messenger i ? overnight mail This will be the only form of delivery of this document MESSAGE. Attached please find the title commitment for the Clearwater property. Inland should have a copy of the marked title commitment. If Inland doesn't have it and you need help obtaining i4 please let me know. r•fi•AfMrfrl+ww•w•Hf?r?ilk•6RY E!!!!relrlAC9vQ999000Gf?f?••?•rIr•Yri1'?...It....... .•.r•r•.•rrrr..r»•• PLEASE NOTE: The Wv,-nmation con;eined in tP;s facsimile message (?ss privileged and confidential and is intended only for the use of the indvidual or entity named abo{?e and others who have been specifically authodzad to receive it If you any not ft intended recipient, you are hereby notified that any dissemination, distribution or copying of this commim =tion Is stdciy prohibited if you have received this communication in error, or #7 any problems oxur with transmission, please notify us immediately by telephone- Thank you. 1NO. P001 I TELECOPIER TRANSMITTAL SHEET 2830/17941 D I TE. 05130106 05/30/2006 16:57 FINEMAN KREKSTEIN AND HWRIS.PC. -3 6157712456 1 • A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Office File Number Effective Date 30335-0588 April 4, 2005 at 8:00 AM Policy or Policies to be issued: OWNER'S POLICY (50-17-92) with Florida Modifications Proposed Insured: Inland Southeast Clearwater Development, L.L.C-, a Florida limited 2. $6,475,000.00 company N0.081 P002 200404881 Commitment Number The estate or interest in the land described or referred to in this Commitment and 'covered herein is Fee Simple and Easement, and title thereto is at the effective date hereof vested in: Bright House Florida, L.L.C., a Florida limited liability company, as to Parcels 1, 2, 3, 4 and 5 AND Clearwater Collection Associates, Ltd., a Florida limited partnership, as to Parcel 6 .;rAI V NRi,4 I. ,.JLIIV,Aa uJ Parcel 1 Lot 4, THE CLEARWATER COLLECTION SECOND REPLAT, a subdivision according to the plat thereof recorded in Plat Book 107, page 24 of the public records of Pinellas County, Florida, less and except pt those portions thereof conveyed, taken or used for U.S. Hihway 19- V Parcel 2 Non-exclusive easements for the benefit of Parcel 1, as reserved in Deed recorded in Official Records Book 1479, page 95, and as created by that certain Easement Agreement dated November 19, 1986 which is attached as Exhibit "A" to Assignment recorded in Official Records Book 7319, page 993, of the public records of Pinellas County, Florida, as affected by said assia ment, for the purposes set forth therein, over and across the lands set forth t.ereiun_ Parcel 3 Non-exclusive easements for the benefit of Parcel 1, as created by that certain Parkins and Driveway Easement recorded in Official Records Book 6440, page 2002, as amended in Official Records Book 6735, page 212, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across the lands set 1? therein, less and except those portions thereof conveyed, taken or used for U.S. Highway 19. Note: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. /IRA &M9 se 05/30/2006 16.57 FINEMAN KRFKSTFIN AND HARRIS.PC. -? 6157712456 N0.081 0003 8 • 200404881 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Parcel 4 Non-exclusive easements for the benefit of Parcel 1, as created by that certain Operation and Reciprocal Easement Agreement recorded in Official Records Book 6440, page 2013, as amended in Official Records Book 6735, page 217, in Official Records Book 6921, page 129, in Official Records Book 7541, page 849, in Official Records Book 7561, page 2125 and in Official Records Book 9664, page 451, together with that certain Covenants, Restriction, Grant of Easements and Modification of Clearwater Commons Shopping Center Operation and Reciprocal Easement Ag Bement recorded in Official Records Book 12196, pave 391, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across the lands set forth therein, less and except those portions conveyed, taken or used for U.S. (Highway 19. Parcel 5 Non-exclusive easements for the benefit of Parcel 1, as created by that certain Diainage Easement Agreement recorded in Official Records Book 6618, page 2190, as affected by instruments recorded in official Records Book 8629, page 152 and in Official Records Book 8681, page 394, of the public records of Pinellas County,IFlorida, for the purposes set forth therein, over and across the lands set forth therein, less and except those portions conveyed, taken or used for U.S. Highway 19. Parcle 6 Lots 2 and 3, THE CLEARWATER COLLECTION SECOND REPLAT, accor l ing to plat thereof recorded in Plat Book 107, + pages 24 and 25, of the public records of Pinellas County, Florida, LESS AND EXCEPT road right-of-way for U.S. Highway 19, abutting said parcel on the East. I Note: This Commitment consists of insert pages labeled Schedule B-Section 1, and Schedule B-Section 2. This C force and effect unless all schedules are included, along incorporated by reference in the insert pages. Schedule A, nmitment is of no h any Rider pages ARA dMP SS 05%30/2006 16:57 FINEMAN, KREKSTEIN AND HARRIS.K. ? 6157712456 NO. 0B1 P004 • 0 200404881 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 Commitment /dumber I, The following are requirements to be complied with: 1. Instrument(s) necessary to create the estate or intencst to be insured m st be properly executed, delivered and duly filed for record. a) Warranty Deed from Bright House Florida, L.L.C., a Florida limited liability company, to Inland the Proposed com any ida limited liabilit Fl l L L C p , y or opment, . . ., a Southeast Clearwater Deve Insured, conveying the land described in Schedule A. (as to Parcels 1, 2, 3, 4 and 5) b) Deed from Clearwater Collection Associates, Ltd, a Florida limited partnership, executed by a general partner, to Inland Southeast Clearwater Development, L.L.C., a Florida limited liability hedule A herein. (as to Parcel 6) the Proposed Insured, conveying the land described in company , c) The Partnership Agreement together with all Amendments thereto i must be. furnished to the Company for review, and this commitment is subject to such further excepti© ns and/or requirements as may then be deemed necessary. d) Proof of the original qualification together with proof of its contin ed status to do business in the State of Florida as a limited partnership must be furnished- e) If the general partner of said limited partnership is a corporation, tlien satisfactory evidence must be furnished showing that the general partner, a corporation organized under the laws of its state of f) Record in the public records an Affidavit from one of the partners stating the names of the partners and that they are the partners then existing, that the partner(s) (con eying or mortgaging) the captioned property has the authority to do so, and that all partners approve the-transacuon. 2. Payment of the full consideration to, or for the account of, the o anto rs or mortgagors. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable- 4. Satisfaction of Real Estate Mortgage executed by Bright House Flori a, L.L.C., a Florida limited liability company. to Valley Bank, dated January 21, 2005, recorded I anuary 28, 2005 in Official Rccords Book 14089, page 872, of the public records of Pinellas County, Florida, securing the original principal amount of $2,190,000.00. (as to parcels 1, 2, 3, 4 and 5) NOTE: The original note secured by the above described mortgage must be produced and cancelled. 5. Proof of payment of municipal liens, charges and assessments. + 6. With regard to Brighthouse Florida, L.L.C., a Florida limited liabilit ; company, the following is required- (as to Parcels 1. 2, 3.4 and 5) a) Satisfactory evidence must be furnished showing that said limited liability company is currently in good standing; (Note) Proof of the issuance of the Certificate of Organization by the Secretary of State of the Articles of b) A certified co t b 1 1993 f d O i py c o er , : orme pr or to in the event said company was erating Agreement must be furnished and the Company reserves the right to make anization and O Or p g additional requirements and/or exceptions upon review of same: - orl• record in tho public records of ARB1 4199 SB 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. 4 6157712456 N0.081 9005 1 • 200404881 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 1 Pinellas County, Florida, a Certificate from the keeper of the records lof the company certifying: 1) Whether the management of the company is/was vested in the members or in the manager(s);.2) The names and positions, if any, that the managing members have/had or flte names of the then active manager(s) of the company, on the date of the deed/mortgage to be insured or of a previously recorded deed; c) Affidavit from the managing member or the manager(s), whichever is applicable, confirming that there has been no dissolution of the company resulting from tram fers of member's interest, or otherwise. With regard to Inland Southeast Clearwater Development, L.-C., a Florida limited liability company, the following is required: a) Satisfactory evidence must be furnished showing that said limited liability company is currently in good standing; (Note) Proof of the issuance of the Certificate of Organization by the Secretary of State in the event said company was formed prior to October 1, 1993; b) A? certified copy of the Articles of Organization and Operating Agreement must be furnished and the Company reserves the right to make additional requirements and/or exceptions upon review of same; - or record in the public records of Pinellas County, Florida, a Certificate from the keeper of the recordslof the company certifying: 1) Whether the management of the company is/was vested in the members or in the manager(s); 2) The names and positions, if any, that the managing members havelhad orlthe names of the then active manager(s) of the company, on the date of the deed/mortgage to be insured or of a previously recorded deed; c) Affidavit from the managing member or the manager(s), whichever is applicable, confirming that there has been no dissolution of the company resulting from trankfers of member's interest, or otherwise. A assessments against the land described in Schedule A (including, butlnot limited to, special assessments or payments due to others such as master associations), are paid in full to date. ARM 4/99 SB 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. ? 6157712456 J N0,061 9006 0 200404681 A.L,T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 Commitment Number i II. Schedule B of the policy or policies to be issued will contain exce Itions to the following matters unless the same are disposed of to the satisfaction of the Company. Defects, liens, encumbrances, adverse claims or other matters, if 4y, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgJge thereon covered by this Commitment. 2. Standard Exceptions: a. Rights or claims of parties in possession not shown by the Publi Ic Records. b. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. c. Easements, or claims of easements, not shown by the Public Records. d. Any lien, or right to a lien, for service, labor, or material hereto I rc or hereafter furnished, imposed by law and not shown by the Public Records. e. Taxes or special assessments which are not shown as existing liens by the Public Records. I f Anp rlpim that an„ nn,nnn of co A laP4, arn,cnva.o?a.. to A?nffhn Cf to of rJ...r 77- submerged, filled or artificially exposed lands and lands accreted to such lands. g. Taxes and assessments for the year 2005 and subsequent years. 1 3. Standard exceptions (b) and (c) may be removed from the policy when a satisfactory survey and surveyor's report and inspection of the premises is made. 4. Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit-indemnity from the party shown in title and in possession stating who is in posses o0 of the lands and whether there are improvements being made at date of commitment or contemplated to commence prior to the date of closing which will not have been paid for in full prior to the closirii. 5. Any unrecorded Lease(s) and all rights thereunder of the Lessee(s) and of any person claiming by, through or under the Lessee(s). 6. Terms and provisions of the easement reserved in Deed recorded ih Official Records Book 1479, page 95 and the Easement Agreement dated November 19, 1986, which. is attached as Exhibit "A" to Assignment recorded in Official Records Book 7319, page 993, of the public records of Pinellas County, Florida, as affected by said Assignment. (as to Parcel 2) 7. Drainage Easement recorded in Official Records Book 1657, page 679, of the public records of Pinellas County, Florida_ (as to Parcel 5) i 8. Easement(s) granted to Pinellas County, recorded in Official Records Book 1688, page 353, of the public records of Pinellas County, Florida. I 9. Fasemen[ recorded in Official Records Book 3722. page 712. of the public records of Pinellas County, Florida. (as to Parcel 5) NOTE: On loan policies, junior and subordinate matters, if any, will not be reflected in Schedule S. AAB2 4199 50 1 I A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Section 2 200404881 10. Easement(s) granted to Pinellas County, recorded March 2, 1973, i1n Official Records Book 3999, page 760, and amended by Amendment to Drainage Easement reeordedlOctobcr 1, 1987, in Official Records Book 6592, pave 1481, of the public records of Pinellas County, Florida- 11. Easement(s) granted to Pinellas County, recorded March 2, 1973, 1 Official Records Book 3999, page 762, of the public records of Pinellas County, Florida. 12. Terms and conditions of Interloeal Agreement recorded February ?1, 1987, in Official Records Book 6426, page 398, of the public records of Pinellas County, Florida. 13. Tams and conditions of Parking and Driveway Easement recorded March 5, 1987, in Official Records Book 6440, page 2002, and as amended by instrument recorded in Official Records Book 6735, page 212, of the public records of Pinellas County, Florida. 14. Terms and conditions of Operation and Reciprocal Easement Ag Official Records Book 6440, pave 2013, together with Amendm 6735, page 217, Official Records Book 6921, page 129, Official Records Book 7561, page 2125, Official Records Book 9664, pa 12196, page 391, of the public records of Pinellas County, Florjl ;ment recorded March 5, 1987, in s recorded in Official Records Book cords Book 7541, page 849, Official 451 and Official ]records Book 15 16. Easement(s) granted to Florida Power Corporation, recorded in 01 together with Subordination Agreements recorded in Official Rec( Records Book 8813, page 1310, Official Records Book 8835, pagr page 955, Official Records Book 8835, page 959 and Official Rec nn hhr rgrn it of P ?llnc ?'n ,nrv Flnrvla „-_,?. ._,-,,,,,,.-__a Easement(s) granted to The City of Clearwater, recorded in Offic together with Subordination Agreements recorded in Official Rec Records Book 8698, page 1157 and Official Records Book 8813, Pinellas County, Florida. 17. Easement(s) granted to The City of Clearwater, recorded in Offic together with Subordination Agreement recorded in Official Rec Records Book 8698, page 1153 and Official Records Book 8698 Pinellas County, Florida. 18. Easement(s) granted to The City of Clearwater, recorded October 6605, page 86, of the public records of Pinellas County, Florida. icial Records Book 6504, page 1405, ds Book 8813, page 1298, Official 951, Official Records Book 8835, rds Book 9156, page 1563, of the Records Book 6605, page 82, is Book 8698, page 1153, Official ge 1278, of the public records of Records Book 6605, page 84, s Book 8698, page 1126, Official ge 1157, of the public records of 1997, in Official Records Book 19. Ternns and conditions of Declaration of Restrictions recorded November 5, 1987, in Official Records Book 6616, page 1104, of the public records of Pinellas County, F orida. 20. Terms and conditions of Drainage Easement Agreement recorded November 10, 1987, in Official Records Book 6618, page 2190, as affected by instruments recorded in Official Records Book 8629, page 152 and Official Records Book 8681, page 394, of the public i records of Pinellas County, Florida. 21. Easement(s) granted to Florida Power Corporation, accorded in Official Records Book 6640, page 448, together with Subordination Agreements recorded in Official Records Book 8813, page 1298, Official Records Book 8813, pave 1310, Official Records Book 8835, page 951, Official Records Book 8835, page 955, Official Records Book 8835, pane 959 and Official Records Book 9156, Page 1563, of the public records of Pinellas County, Florida- i i i NOTE: On loan policies, junior and subordnate matters. U any, will not be reflected in Schedule B. nnaz va9 Sa f 200404881 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE B - Suction 2 22, EasemenKs) granted to The City of Clearwater, recorded in Official Records Book 6698, page 907, together with Subordination Agreements recorded in Official Records Book 8698, page 1126, Official Records Book 8698, page 1153, Official Records Book 8698, page 1157 and Official Records Book 8813, page 1278, of the public records of Pinellas County, Floridaf 23. Restrictions contained in Deed reco ued in Official Records Book 735, page 188, of the public records of Pinellas County, Florida. 24. Restrictions contained in Deed recorded in Official Records Book X6735, page 194, of the public records of Pinellas County, Florida. 25. Covenants, Conditions and Restrictions contained in Warranty Deeds recorded in Official Records Book 6735, page 200 and Official Records Book 6735, page 206, of the public records of Pinellas County, Florida. 26. Lease dated September 23, 1988, by and between Clearwater Collection Associates, Landlord, and David McLean, Tenant, of which a Memorandum of was recorded in Official Records Book 6854, Page I 2049, as amended in Official Records Book 8218, Page 750, of the Public Records of Pinellas County, Florida. 27. lnp esVPg ess Easement Agreement recorded in Official Records ook 7319, page 970, of the public records of Pinellas County, Florida. 28. Drainage Easement Agreement recorded in Official Records Book 7319, page 980, of the public records ,... . _ r,f P:.,nllnr ('n„M,•._Cin.:.t^ ?-s,..?._._-. ?..? _?m..s..,._ .. I _ .. _ ._ _ 29_ Structural Setback Agreement recorded in Official Records Book X319, page 1009, of the public records of Pinellas County, Florida. I 30. Declaration of Unity of Title recorded in Official Records Book 7540, page 2223, as partially released in Official Records Book 12196, page 508. of the public records of linellas County. Florida, 31. Permanent easements and takings of the right of direct access as set forth in instruments recorded in Official Records Book 10598. page 2406, in Official Records Boot 10714, page 620, in Official Records Book 10714, page 624, in Official Records Book 10714, page 6281, in Official Records Book 10741, page 2041, in Official Records Book 11704, page 1408 and in Official Records Book 11611, page 1495, of the public records of Pinellas County, Florida. 32. Permanent easements and takings of the right of direct access as set forth in instruments recorded in Official Records Book 10604, page 2207, in Official Records Book 10662, page 353 and in Official Records Book 10874, pave 2276, of the public records of Pinellas County, Florida. 33. Restrictions contained in Deed recorded in Official Records Book 121%, page 479, of the public records of Pinellas County, Florida. (as to Parcel 4) i 34. Development and Use Agreements of which a Memorandum of was recorded in Official Records Book 12196, page 509, as re-recorded in Official Records Book 12278, page 2145, of the public records of Pinellas County, Florida. (as to Parcel 4) 35. Easement Agreement recorded in Official Records Book 12294, page 1770, of the public records of Pinellas County, Florida. (as to Parcel 2) 36. Restrictions contained in Special Warranty Deed recorded in Official Records Book 14089, page 865, of the public records of Pinellas County, Florida. (as to Parcel 1) i NOTE: On loan policies, junior and subordinate matters, 0 any, will not be tOlected in Schedule B. 4882 4199 S8 i 000a • • 200404881 A.L.T.A. COMMITMENT CHICAGO TITLE INSURANCE COMPANY SCHEDULE S - Section 2 I 37. Right of First Refusal Agreement by and between Inland Retail Real Estate Trust, Inc., a Maryland corporation, and Bright House Florida, L.L.C., a Florida limited liability company, recorded in Official Records Book 14213, page 1192, of the public records of Pinellas County, Florida. (as to Parcel 1) I 30. Restrictions, conditions, reservations, easements and other matterslcontained on the Plat of The Clearwater Collection, as recorded in Plat Book 99, page 91, of the public records of Pinellas County, Florida. 39. Restrictions, conditions, reservations, easements and other matters contained on the Plat of The Clearwater Collection First Replat, as recorded in Plat Book 101, page 87, of the public records of Pinellas County, Florida. 1 40- Restrictions, conditions, reservations, easements and other matters contained on the Plat of The Clearwater Collection Second Replat, as recorded in Plat Book 107, page 24, of the public records of Pinellas County, Florida. NOTE: The following is for informational purposes only and is given without assurance or guarantee: The 2004 ad valorem taxes were assessed under Tax Pancel/I.D. Nibs.07-29-16-16442-000-0020,07-29- 16-16442-000-0030 and 07-29-16-16442-000-0040, in the gross amounts of $23,888.18, $12,862.86 and $130,925.58 and were paid in the amounts of $22,932.65, $12,34 75 and $125,688.56, respectively- Exemptions: None REVISED: APRIL 20, 2005 NOTE: On loan policies, junior and subordinate matters, if any. will not be fetlected in Schedule B. nRD2 4199 S8 I 05/30/2006 16:57 INEMAN K EKSTE N AND HARRIS.PC. -3 6157712456 N0.0B1 D010 CAGO TITLE INSURANCE CONVA0 REPORT TO AGENTS ON STATUS OF TITLE NUMBER: 200404881 TO: Elizabeth S. Dennard Ruden, McClosky, Smith, Schuster 401 E. tackson Street. Suite 2700 Landmark Centre Tampa, Florida 33602 30335-0588 This report on the status of title is being furnished at your request to assist in INSURANCE COMPANY (the Company) title insurance commitment and 1 results of an examination of the record tide are reflected herein. After you have reviewed this report, you must still - (a) Add requirements to Schedule "B" you find necessary from your an surveys, prior title evidence and exceptions to Schedule B reflecting knowledge of which are not already shown in Schedule "B". (b) Review the transaction in accordance with criteria discussed in the S Underwriting Guide. preparation of a CHICAGO TFTLE :y to be issued by your office. Only the of the present transaction, ;rs you may have actual Underwritin; Risk section of the (c) If the amount of the policy(ies) to be issued exceed your agency limits, obtain written authorization to issue the commitment from the Company. This report is NOT authorization to kue the commitment. Th_c .nnnrt t,p F.?n.. f..rn_ctpit ?n vni n f;.r-mn} flint vu 11. nllnw fnr Hart _f it,fri,hx ncP?[ it?P incn_rtc,fnr,f}w fifln inc??ranr? commitment to be issued. You will need to complete Schedule A as well as ad Id any additional requirements you deem necessary as a result of the above. You must keep a copy of the entire report in your file. This report consists of the following: This leader sheet Schedule A Schedule B - Section 1 Schedule B - Section 2 NOTE_ Personal property tax information has NOT been searched. THIS REPORT IS PROVIDED FOR THE SOLE PURPOSE OF THE ISSUANCE OF A CHICAGO TITLE INSURANCE COMPANY COMMITMENT AND POLICY BY THE ADDRESSEE AS AUTHORIZED BY TM COMPANY. THE COMPANY DISCLAIMS LIABILITY TO THE ADDRESSEE OR ANY THIRD PARTY IN THE EVENT THIS INFORMATION IS USED FOR A PURPOSE OTHER THANIAS STATED. CHICAGO TITLE INWRANCE COMPANY By: Date: April 20, 2005 Brenda STATUS SM SO 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. 3 6157712456 N0.091 9011 Pinellas Records Parcel Lo*Current Year) page 1 of 1 Parcel Lookup - Current Year . _New 5e4mch A _Pt'ioi l .1 Note: There may not be a nex prior item to display. .? 07/29/16116442100010020 21800 US HIGHWAY 19 N Tak-sosis ASSESSED VALUE 1,040,000 EXEMPT AMOUNT 0 TAXABLE VALUE 1 1,040,000 TAXABLE VALUE 2 NON-EXEMPT AMOUNT 1040 000 22932.65 23171.53 MAR 23888.18 24( payti t(p) Number Paid Single PD . Taxing Authority g u COUNTY-AGGREGATE HOMESTEAD SCHOOL-STATE LAW WIDOW/DISABILITY SCHOOL-LOCAL Biz. nOW ni tR! l?trv LOW INCOME OR HISTORIC SW FLA WTR MGMT. .. NaMe ii Ades PINELLAS ANCLOTE CLEARWATER COLLECTION ASSN PIN.CO.PLN-CNCL. JUV. WELFARE BD. 5858 CENTRAL AVE SUNCST. TR.AUTH. f ST PETERSBURG, FL 33707-1728 TOTAL JAN 23410.42 MAY 23649.30: JUNE Date Amount Receipt 11-23-04 22.932.65 10-001827 1 MM Millage Taxes Levied 6.8010 7,073.04 5.5040 5,724.161 2.6180 2,722.72 0.4220 438.88, 0.4000 416.00 0.0220 22.88 0-8117 844.17 0.6377 663.21 MILLAGE:22.9694 $23,888.18 No Loan/Lien Information to Display _ Taxing Authority sh :` ? ?? ?c? •y ., I Taxes Levied; No Non-Advalorem Items to Display PLAT 107 PAGE 024 - 025 CLEARWATER COLLECTION SECOND REPLAT, THE LOT 2 LESS RD R/W ON E' lRecoril;a'i ifor>r?i;i?forr - '. No Additional Record Information to Display .._ _.---• --------__ New _Seortili.? _.Itsei":? .TFria?teii??'?I ?:_{rl?i?i+?ir?.. Note: There may not be a nexVprior item to display. http://pubtitlet.co.pinellas.fl.us/servlet/t-axcollector, Aa=c ord. AP R 1... 4/19/2005 05/30/2006 - 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. 4 6157712456 Pinellas Records Parcel Loowurrent Year) Parcel Lookup - Curret t Year NO. 081 P012 Page i of I Note: Thfxe may not be a nexuprior.ltam to display. j - - j_ 07129116116442/00010030 NOV IDEC JAN . FEB; 12348.35 12476.97 12605.60 12734.23 MAR APR MAY JUN` $11+3.c?4dd[3s ' (1? as': 12862.86 13248.75 21688 US HIGHWAY 19 N y '",` •. , :'?''til??,`?...,fi? 'iCLtik,.' . .. .. ,::; i."'';,.,'.a :'•.°1?4.. •'i.?r. P. ASSESSED VALUE 560,000'Number Paid Date Amount Receipt EXEMPT AMOUNT 0: Single PD 11-23-04 12,348.35 09-001795 TAXABLE VALUE 1 560,000 TAXABLE VALUE 2 NON-EXEMPT AMOUNT 560,000 "Twang Authority I Mlllage Taxes Levied ..0 .. . ` . ,... .. <- . . "p -AGGREGATE 6.8010 3,808.56 , COUNTY ?Ecempi??rts HOMESTEAD SCHOOLS ATE LAW 5.5040 3,082.24 t WIDOW/DISABILITY SCHOOL-LOCAL BD_ 2.6180 1,466.08 5.7530 3_.221.68: LOW INCOME OR HISTORIC SW FLA WTR MGMT. I v.4210 zsd.?r ` ii- "• t', .,.J PINELLAS ANCLOTE I 0.4000 224.00 CLEARWATER COLLECTION ASSN PIN.CO.PLN.CNCL. 0.0220 12.32 JUV. WELFARE BD. I 0.8117 454.55 5858 CENTRAL AVE SUNCST. TR.AUTH. 0.6377 357.11 ST PETERSBURG , FL 33707-1728 TOTAL MILLAGE: 22.9694 $12,862.86 No Loan/Lien Information to Display Taxing Authority Taxes Levied Llgal DerlpElln No Non-Advalorem Items to Display PLAT 107 PAGE 024 - 025 CLEARWATER COLLECTION SECOND REPLAT, THE LOT 3 LESS RD RM ON E No Additional Record Information to Display' _ ! _... ,•._,. _ tl'? kppr'ai1. .'P+s+ci''Y7cts =>? . Ne5r4^Ite Note: There may not be a ne><t/p,Io, item to display. I http://pubtitlet.co.pinellas.fl.us/scTvlet/taxcollector.realestate.curreatyear.taxrec6rd.APRI.., 4/1912005 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC 3 6157712456 Pinellas Records Parcel Looocurrent Year) is lK?so+; .. Nano Parcel Lookup - Curren: t Year -- Note: Tnera may not be a ne prior item to oisptay. •071291161164421000/0040 21750 US HIGHWAY 19 N ASSESSED VALUE 4,200,000 EXEMPT AMOUNT 0 TAXABLE VALUE 1 4,200,000 TAXABLE VALUE 2 NON-EXEMPT AMOUNT 4200,00E HOMESTEAD I WIDOW/DISABILITY LOW INCOME OR HISTORIC ' o-., ?? .^..a. .. . . DAYTON HUDSON CORP C/O TARGET CORP T-0653 ATTN: PROP TAX TPN-0950 PO BOX 9456 ' MINNEAPOLIS. MN 55440-9456 o ;`-A'r?e'ja4s N Loan/Lien Information to Display PLAT 107 PAGE 024 - 025 CLEARWATER COLLECTION SECOND REPLAT, THE LOT4 LESS RD R/W ON E! CORR CODE RF CORR DATE 011405 CORR NUMBER 20041 NO. 081 0013 Page 1 of 1 NOV bEG JAN FEB: 92612.62 9357.34 94542.05 95506.77: MAR R MAY JUN: 5.62 96471.48 9936 1 Number Paid Date Amount Receipt Single PO 11-30-04 125,688.56 55-134797 (CORRECT ED B ILL) $125,688.56 Taxing Authority Millage Taxes Levied. COUNTY-AGGREGATE 6.8010 28,b64.20', SCHOOL-STATE LAW 5.5040 23,116.80; erunnt _? nre? an. - _ 9-6-180 10.995 601 CITY `% 5.7530 24;1(/2 Eo: SW FLA WTR MGMT. I 0.4220 1,772,40. PINELLAS ANCLOTE 0.4000 1,680.OOi PIN.CO.PLN.CNCL. 1 0.0220 92,401 JUV. WELFARE BD. 1 0.8117 3,409.14: SUNCST. TR.AUTH. 0.6377 2,678.34 TOTAL MILLAGE:22,9694 $96,471.48 Taxing Authority I Taxes No Non-Adh. alorem Items to Display Notc; There may not bo a 4-uprior item to Mplay- I I ' http :/lpubtitlet.co.pinellas.fl.us/servlet/taxcollector.realestate.eurrentyear.taxrecord.APR 1... 4119/2005 05/30/2006 16;57 FINEMAN KREKSTEIN AND HARRIS.PC. i 6157712456 NO.081 P014 I#: 2005034635 BK: 1408*G; 865, 01/28/2005 at 07:06 PM, ?RDING 7 PAGES $61.00 D DOC STAMP COLLECTION $25970.00 KEN BORIS, CLERK OURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKPR03 THIS INSTRUMENT PREPARM BY LftoWd, Speer and Ddnod PA W.S) 150 South Fifth Street, Sofas 2300 Minneapolis. MN 55408 A ON 'MosgW ;lALti, REIURN TO cttlc016 ha rm coo. 54471+1d6®Darls UM Tampa,Rotlda3w 0) SPECJAL WARRAMDF D This Special Warranty Deed Made this 21st f . by TAkGET CORPORATION, a corporation existing under the law / Dayton Hudson Cmpotsitai% and having its place of business at 1944 ?Otq? Mannoc=t MiampQ g. MN 5503_ hereinafter called the OF FWRIDA, L.L.C, a Florida limited liability company whose post Street #200.Ornaha Nebraslo 6-8154, hereinafter called the GRANTEE day of . January, 2005, of Minnesota formerly known as iR, to BRIGHT HOUSE address is: 11506 Ywbolas W1T'lVESSlE' ,. That GRANTOR, for and in consideration of the sum of $10.00 Dollars, sod other valuable considerations, rcv ipt whereof is hereby aclmowLedged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto gra i , all that certain lend sitwtte iu Pinellas county, FlcaW vim 5 E56MIT `°A" ATTACHED HERGTO FOR MAI, DESCRIPTION; TOGETHER with all the tc=r=b, havditaarsnts and appurtenances, with every privilege, right, title, intervt and estate, reversion, remainder and easrarertt!thereto belonging or in anywise appertaining, but subject to the deed restrictions set Barth in Exhibit "B" attached hereto and made a part hereof= TO HAVE AND TO HOLD the same in foc simple f=m- And the Grantor does hereby coveaartt that, except for restrictions and matters appearing of recoir4 and an zoning, testridions, prohibition and other yepirtinerrts imposed by governmental authority, all matters that would be disclosed by as accurate survey of the Property, acs of the Grantee, the deed restrictions set forth in Exhibit "B" attached hereto and trade a part here K the mervation of utility easaents with respect: to utdity lines installed by Grantor, acid Clio title vxcepdons ad forth on Exhibit "C" attached hereto and made a part hereof Grantor hereby c?venaats with said Grantee that the Grantor is lawfully seized of said hand in fee simple; dial the Grantor {tas good right and lawful authority to sell and coney said laded; that the Grantor will defend the same against the lawful datums of all persons claiming by, through or under the Grantor. Ii . Wherever used- herein, the turns ' GRAN OW' and "GRF N f E1 shall include the heirs, personal reptescatfftires, successors and/or assigns of the respecdvo paitics hereto. (SIGNATURES BEGIN ON NEXT PAGE] d? X U 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.K. 3 6157712456 N0.081 P015 PIMLLAS COUNTY FL OFF&C. $K 14089 PC 866 • IN WITNESS WHEREOF, the said GRANTOR has causod tlj ae presents to be aiped the day and year above mkom. Signed, sealed and deliva-edd in the ptemwe of TARGET CORPORATION, a Minnesota corporation formerly /mown m Dayton Hudson Corporation By: Pri4X- 01 S<roft Its: Teopt Corporation STATE OE NM4NESOTA ss. COUNTY OF HENNEPIN ((??' a foregoing i??j? was mowledged before me this day of January, 1005, by iLw` as 01CI Miftlf of Target Corporation, a Minnesota corporation fatzrt,Iy known as Dayton Hudson Cmrpo-a ou. on behalf of the corporation. H is personally lmown to me. DARlA 0. FANG ?_ - NDM pUMX.KNW3ObI W C'0mm1SS70H otwy Public I 1 19 tXpftS JAN. 31.2IN70 ?. K f lb, Print lrffille: F 11?dP Ivly commission Evim -:31 06 05/30/2006 16:57 FINEMAN KREKSTEIN AND HRRRIS.PC. 4 6157712456 PINELLA3 COUNTY FL OFF *C. BK 14099 PC 667 is PARCE,1: N0.081 D016 Lot 4, THE CLEARWATER COLLEMON SECOND RU1.AT, a subdivision according to the plat thereof recorded in Plat Book 107, page 24 of the public recprrds of Pinellas County, Florida; less and except those pordor s thereof conveyed, taken or used for U.S. Mghway 19. PARCEL 2: Non-exclusive easements for the benefit of Parcel I, as reserved iu Deed rmmded in Official Records Book 1479, Page 95, and as created by that certain Easement Agreement dated November 19,1986, which i3 attached as Exhibit "A° to Assigam I ent recorded in Official Records Book 7319, Page 993, of the public reoords of Pinellas County, Florida, as affected by said assigaznent, fox the purposes set forth therein, over and across tho lands set forth therein. PARCEL, 3: Noes-eexclusive easeuseats for the benefit Parcel .. ^ ? , as orated by that certain Perlnng and Driveway 6735, Page 212, of the pubLc rocorda of Pinellas County, Florida, fur the purposes set forth therm, over and across the lands set forth therein, less and except those portions thereof conveyed, taken or used for U.S. Highway 19, PARCEL 4: Non-exclusive easements for the buoefit of p=d 1, ag created by that certain Operation and RCCiprocaJ Easement Agnoauent recorded in Official Records Book 6440, page 2013, as emended in Official Records Book 6735, page 217, in Official Records Book 6921, page 129, in Official Records Book 7541, page 849, in Official Records Book 7561, page 2125 and in Official Re" Book 9664, page 451, together with that certain Covenants, Restrictions, Gaunt of Easements end Modification of Clearwater, Commons Shopping Center Operation and Reciprocal Basement Agrnesiteat recorded in Official Records Book 12196, page 391, of the public records of PiwXus Comity, Plorida, for the purposes set faith therein, over and across the lands set forth therein, less and excepa th> portions conveyed, taken or used for U. S. Highway 19- PARCEL 5: Non-exclusive easements for the benefit of Parcel 1, as created try that certain Drainage l3amnent A,greomrrtt recorded in Official Records Book 6618, page 2190, as of " by instruments recorded in Official Records Book 8629, page 152 and in Official Roco ds Book 8681, page 394, of the public records of Pinellas County, Florida, for the purposes sea forth therein, over acrd across the lands set forth therein, teas and except those portion oonveye;d, taken or usod for U.S. Highway 19- 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. -> 6157712456 N0.081 P017 PINELLAS COUNTY FL OFF. 0. BK 14089 PG 868 • EXHIBIT "B" DEED ri>F5'IlLegM The said Grantee by its receipt ma acceptance of this eonveymce covenants, agues and w3 mowledgca that it takes tide to the Prvpaty mbjoet to the PermitW Erremmbcances attacbed to this Doed as &hu B and the following restsictioms relating to the Propaty's use and improvement. GraAtx acknowledges and agrees that these readctioas are in aftfron to, and in no way limit, the terms and eoardid= of mry r+edr fiction set &A in any of the Permitted Encumbrances, Tu following rcstricdons sbali be d==d ooveaants nwajng with the land but wbich"germinate aad be of no further force and effect upon the eawir d n of a paW of tea (10) yenta 5mm the date h=W. le against the Gramtx, its sacsmorn, grantees and assigns as owner of the Propcity and im ng to ? of and enforceable by the Grantor, and its suocemors and assigns: A. No portion of the PrvpeM shalt be used as a grocery /torn, sups noafket oc other Store, or ' department wiahm a story fat the sale of food, owedrs, fruit, prvducG &iry products, vegetables. bal=y Pte" meats or deLCatesemr Pm&wt! B. No portion of the Property shall be used for the opaudon of a diwount department store containing more than fifty thousand (50,000) squmre fcet of floor 6ea. 05/30/2006 •16:5? FINEMAN KREKSTEIN AND HARRIS.K. i 6157712456 N0.081 9018 PIIVELLAS COMM FL OFF. !. BK 14089 PG 969 0 F. Qmff «C" 1. Taxes for the year of 2005 and subsequent yrz3 which are not Ijet due and payable. 2. Covenants, Conditions and Restrictions contained in Warranty deed recorded in Official Records Book 6735, page 200 and Official Records Book 6733, page 206, of the public records of Pinellas County, Florida. 3. Easement(s) granted to Pinellas County, recorded Apd115,1963, in Official Reoords Book 1657, page 679, of the public records of Pinellas County, Florida. 4. Easement(s) granted to Florida Power Corp ratiM recorded F l4, 1972, in Official Records Book 3722, page 712, of the public records of PinellaslCounty, Florida 5. Easement(s) granted to Pinellas County, recorded Meech 2,19713, in Official Rocolds Book 3999, page 762, of the public rem* of Pinellas County, Florida. 6. Easement(s) granted to Pinellas County, recorded March 2, 1973, in Official Records Book 3999, page 760, and amended by Amendment to Drainage Easement ieoordod October 1, 1987, in Official Records Book 6592, page 1481, of the public records i Pinellas County, Florida 7. Terms and conditions of Umiocal Agrterwat recorded February 12, 1987, in Official Records ?'??.'_.. ... -?..;:? .:..... ..,?:.....-.. _ ?ci rte.......- .. 8. Terms and conditions of Parking and Driveway 1?acement reeorlded March 5, 1987, in Official Records Book 6440, page 2002, of the public records of inelle6 County, Florida. 9. Terms and conditions of Operation and Reciprocal Easement Ageemont recorded March 5, 1987, in Official Records Book 6440, page 2013, together with Amendments accorded in Official Records Book 6735, page 217, Official Records Book 6921, page 129, Official Records Book 7541, page 849, Official Records Book 756 t, page 2125, Official Records Book 9664, page 451 and Official Records Book 12196, page 391, of the public roooids of Pinellas County, Florida, 10. Eas=ent(s) graatod to Florida Power Coiporsdon, recorded inlOfficial Records Book 6504, page 1405, together with Subordination Agt =mu recorded in Official Records Book 8813, page 1298 and Official Retards Book 8835, page 951. of the public records of Pinellas County, Florida. 11. Easement(s) granted to The City of Clearwater, recorded in Official Records Book 6605, page 82, together with Subordination Ageemeuts recorded in Official RI cords Book 8813, page 1278 and Official Records Book 8698, page 1157, of the public records of Pinellas County, Florida. 12. Easement(s) grantees to The City of Ck=water, reearrd„d in OfF.cial Records Book 6645, pago 84, together with Subordination Agreement recorded in Official Records Book 8698, page 1157, of the public records of Pinellas County, Florida. 13. Easement(s) granted to The City of Clearwater, recorded Octotier 20, 1997, in Official Records Book-6605, pogo 86, of the public records of Pinellas County, Florida. 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS. PC. i 6157712456 pINzLLAS COUNTY FL OFF. i- BK 14089 PG 870 0 N0.081 P019 14. Terms aald conditions of DOCIMSCorl of Restrictions recorded N?vember 5,1987, in Official Records Book 6616, page 1104, of the public records of Pinellas County, Florida. 1 15. -rams acid conditions of Drduage Basement Agrcemant rmordcd November 10, 1987, in Official Records Book 6618, page 2190, of the public records of Pinellas County, Florida. 16. Foment(s) g:erted to Mrids Power Corporation, recorded in ?fficial Ruxords Book 6640, page 448, together with Subordination Agreements tecarded in Of1:c?ia1 Records Book 8813, page 1298 and Official Records Book 8835, page 951, of the public teeardl of Pinellas County, Florida. 17. Easement(s) granted to The Qty of Clearwater, recorded in Off cial Records Book 6698, page 907, together with Subordination Agreements recorded in Official Records Book 8813, page 1278 and Official Records Book 8698, page 1157, of the public records of Pinellas County, Florida. 18. Restrictions, conditions, ruacrvations, casements and other matters eontainod on the Plat of The Clearwater Collection, as recorded in Plat Book 99, page 91, of the public records of Pinellas County, Florida. 19. Restrictions, conditions, resw ations, casements and other matters contained on the Plat of The Clearwater Collection First Replat, as recorded in Plat Book 10 , page 87, of the public records of Pinellas County, Florida. 20. Restrictions, coeditions, reservations, easements and other matters contained on the Plat of The Clearwater Collection Seoond Replat, as recorded in Plat Book 107, page 24, of the public records of Pinellas County, Florida. LL-. aW?us•.uvuo wnwa.awV aY Nwv •vw.vw i:.: -...-??. .-..:,.?? - ?i-_ r: r.>?, r^a? ::?.;, ?_ records of Pinellas County. Florida 22. Restrictions contained in Deed recorded in Official Records Book 6735, page 194, of the public records of Pinellas County, Florida. 23. The rights of tenants under unrecorded leases. 2R. Ingrms& Tess Fasemeut Agrament recorded in Official Ruda Book 7319, page 970, of the public records of Pinellas County, Florida. 25. Drainage Easement Agrea roeot recorded in Official Records Book 7319, page 980, of the public rowrds of Pinellas Coueay. Florida. 26. Structural Setback Agrc=ent recorded in Official Records B4 7319, page 1009. of the public records ofPindlas County, Florida. 27: Declaration of Unity of Title :worded in Official Records Book 7540, page 2223, as partially releasod in recorded in Official Records Book 12196, page 508, of the public records of Pinellas County, Florida. 28. Permanent easements and takings of the right of direct access as set forth in instruments rtoordod in official Records Book 10598, page 2406, in Official Reoorda Book 10714, page 620, in Official Records Hook 10714, page 624, in Official Room& Sock 10714, page 628, in Official Records Book 10741, page 2041, in Of c:W Records Book 111704, pago 1408, and in Official Retards Book 11611, page 1495, of the public records of Pinellas County. Florida. 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.K. ? 6157712456 N0.081 P020 PTNELLAS COUNTY FL OFF. • . RK 14089 PG S71 29. PermmwW easements and tugs of the right of ditO access as = forth in inmaneuts morded in Mial Raoords Book 10604, page 2207, in Official Records Book 10662, page 353, and in official Records Book 10874, page 2276 of the public records i Pinellas County, Florida. 30. Resttietim comtaiuod in Deed recorded iv Official Records Book 12196, page 479, of the public 31. Memotaadum of Development and Use Agreements recorded in Official Records Hook 12196, page 509, and re.reeorded in Official Records Book 12278, page 2145, of the public records of Pinellas County, Florida. 1 32. Basement Agreement recorded in Official Records Hook 122941, page 1770, of the public records of Pinellas County, Florida. 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. a 6157712456 i#- 200504636 BK: 14089 972, 01/28/2005 at 07:06 PM, REMIAI KEN G 6 PAGES ETAX 3g ? BUM, $69 . .50 M'DOC OF COURT PIN?ELLAS L : CouNTY, FL BY $7665.00 DEPUTY TCLERK CLKPR03 CLERK This document was prepared by VALLEY BANK $N EAST LECLAIRF ROAD ELDfOBGE, 52748 State of Florida's Doc= V Stamp Tax required by law in the amount of t I S"LqS0 has been paid to the Clerk of the Circuit Court for the Ceunty.Comptroller, It applicable) for the Couinly of PO AS State of Florida. 01IW Tale iWM Co, 5447 NeAe Davie Line Tempel RONAI AM405Wf/ NO. 091 P021 W IF CHECKED, THIS LS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PrAmciPAL BALANCE DUE UPON (IAATURt1Y is AFpRo1QMATELY 0 2201.406 Y5 1 , TOGETI-IER WITH ACCRUED A•S' INTEREST, IF ANY, AND ALL ADVARCEMEM8 MADE BY THE MORE GAGEE UNDER THE TERMS OF THIS jajirj°.' MORTGAGE. D C] IF CHECKED, THIS BALLOON MORTGAGE SECURES A VARIABLE RATE OBUGATION AND THE BALANCE DUE ASSUMES THAT THE INITIAL RATE OF INTEREST APPLIES FOR THE ENTIRE TERM OF THE MORTGAGE. THE ACTUAL BALANCE DUE UPON AIIATURMY MAY VARY DEPENDING ON CHANGES IN THE RATE OF INTEREST. State of Florida Spoes Above This Une For Recording Date -_:..?. REAL ESTATE MORTGAGE (VVdh Future Advance Clause) _ _ __ .. -_ _.__._ -_.- _???.•_ w_ e, wmc ?.:_ __ .--A H. _ 1&l and dwAr, eddr6SSes 1'-DATE AND•PARiIES.itte•aeie m tics munynva ,? •• •.-=--° _-- --=___ are as follows: MORTGAGOR; BRIGHT HOUSE FLORA. LLC_ A RORIDA LIMITED LIABILITY COMPANY 115DB IOCItOLAS b`TAEET f'200 QMAHA, ME UI54 ? Refer to the Addondum which is attached and incorporated herein for i dditlenal Mortgagors, LENDERS VALLEY BANK DRUM= AND EOSTING UNDER THE LAWS OF THE STATE Of 1LUR1'AS 3465 AVENUE OF THE CM F3 MDUNE, tt. 61218 42.1406189 2. MORTGAGE. For good and valuable consideration, the receipt and sufficiency of WhIch is acknowledged, and to secure the Secured Debt (hereafter defined), Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: If tiff 4 Of 'THE CLFARIVATIER CULECTIDII SECOND REPLAY' ACCORM% TO THE MT THEREOF RECORDED 11 PLAT BOOK 107, PAGES u AND 25 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA LESS AND UQF1 ROAD MSRTVF.WAY FOR ILL EIGRNAY W. APMWG SAID PARCEL ON THE EAST. The property is located in PINIFLUM I at 21750 US l"Mt1NlAY I$ NORTH ICa+ntY1 ? LtFJ! ATER I Florida 31825 (Addreoe) ICkV) (? Codol Together with eU rights, easements. appurtenances, royallb-, Mineral rights, a oil existing g rl tB, c i 3, tivo eT, ail diversion payments or third puty payments made to crop producers, suucttaes, fwt ms, and reptacementa that mey now, or at any time In thi future, be part of the real estate described above (all referted to as 'Property'1. The term Property also Includes, bvt is not limited to, any and all water wails, water, ditches, reservoirs, reservoir sites and dams located on the real mate and AN riparian and water r19W associated with tits Property, however established. aoroa?-soert?ttmnucnra?ICIAUBAttstAt?sKCUamtrsTautmrrarofra?WA.RELat.taioatAUtLUUwrroncorraveiart?lrw C345&?Z 91M. =01 ftw&-SrnsVbr, , C.Cb.&L94 P-AGCOACWL 1213M V 05/30/2006 16:57 FINEMAN KREKSTEIN AND HRRRIS.PC. -i• 6157712456 PINELLAS.COUNTY FL OFF. 0. BK 14089 PC 873 NO.0B1 DO22 a, SECUR-M DEBT DEFINS0. The term 'Secured Debt' includes, bulls not limited to, the following: A. The initial Indebtedness secured by this Mortgage is the debt incurred under the terms of all promissory notels), contractis), guerantylies) or other evidence of debt described below and an extensions. renewals, modifications or substitutions (When relersneing the debts below n is suoetted r6r you irrcluda irems such rn bwm v6rs' names, note arnourlts, Interest rotes, rrterudty dates, ercd. NOTE /191030 DATED 0112112M 1111110 111W KBUSE RONDA, LLC. IIAl0 IZIM00 M 9. All future advances made within 20 years from the date of this Mortgage from Lander to Mortgagor or other future obligations of Mortgagor to Lender pursuant to Section 4 ofd this Mortgage under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Mortgage whether or not this Mortgage is specifically referred to in the evidence of debt. C. All obligations Mortgagor owes to Lender, which now exist or may lajer arise, to the extent not prohibited by law, including, but rat limited to, liabilities for overdrafts relating tol any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses Incurred by Lander for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expensed incurred by Lender under the terms of this Mortgage, plus interest at the highest rate in effect, from time to time, as provided In the Evidence of Debt E. Mortgagor's performance under the tlarrns of any instrument evidoni ing a debt by Mortgagor to lender and any Mortgage securing, guarantying, of otherwise relating to the debt. it more than one person signs this Mortgage as Mortgagor, each Mortgagor agrees that this Mortgage win secure all _ luturC advances anO hairs ooegaoona aaswruav avu•a uTu ?''w° n. ., ?. ??-?` "= -• .. u..wo.o,.. ... airy one or more MGRga9oi ono otnerT, rrus rvwri9ago'wm rH? s` nc o ,r ?Y :A• u : -:.. -. - T--_ = '-` to give any rcgo+red notice the right other debt, to make any regtWed discloswe about this Mortgage or if Londe fails of of rescission. 4. MAXIMUM OBLIGATION LIAtfT: FUTURE ADVANCES. The total principal amount of the Secured Debt (hereafter defined) secured by this Mortgage at any one tme shall not exceed 1 3,70 00 I _ . This limitation of amount does not include interest, loan charges, commitment fees, brokerage corrimiasions, attomt:W foes and other charges validly made pursuant to this Mortgage and does not apply to atvances lbr interest accrued on such advanceal made under the tents o1 thia Mortgage to protect Lender's sircurity and to perform any of the covenants contained in this Mortgage. Future advances are contemplated and, along with other future obligations, are secured by this Mortgage even though an or part may riot yet be advanced. Nothing in this Mortgage, however, shall constitute a commitment to make adr5vonal or future loans or advances In any amount. Any such commitmart t would need to be agreed to in a separate writing. 5. PAYMENTS. Mortgagor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the Evidence of Debt or this Mortgage. S. WARRANTY OF TITLE. Mortgagor covenants that Mortgagor is lawfully seized of the estate conveyed by this Mortgage and has the right to grant, bargain, convey, sell, and mOrtga99 the i Property and warrants that the Property is unencumbered, except for encumbrances of record, 7. CLAIMS AGANST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges rotating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor wan defend this to the Property against alty claims that would impair the lien of ills Mortgage. Mortgagor agrees to assign to tender. as requeaOed by Lender, any rights, claims or defenses which Mortgagof may have against parties who supply labor or matanils to improve or maintain the Property, 8. PRIOR SECUFM RITERESTS, With regard to arty other mortgagx, deek! of that, security agreement or other lien document that created a prior security interest or encumbrance on the i oporty and that may have priority, over this Mortgage, Mongagru agrees: A. To make ag payments *= due and to perform or comply with a0 covenants. 0. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to make or permit any tnodfi5cation or waanslon of, and not to request or accept any future advances under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Lender consona in 9. DUE ON SALE OR ENGUMl3RANCE. Larder may, at its option, declare the entire balance of the Scoured Debt tD bs i immediately due and payable upon the aeadort of any lien, encumbrance. transfer, or We, or contract for any of these on ttre Property. However, if the Property includoo Mortgagor's naeidence, is section shall be subject to the rmtrietidxss l imposed by federal law 112 C.F,R. 5911, 0e applicable. For the purposles of this section, the term 'Property` also includes any interest to all or any part of the Property. This eoVenant shall run with ills Property and shall remain in effect until the Secured Debt is raid in full and this Mortgage is released. 10. TRANSFER OF AN MEREST IN THE MORTGACOR. If Mortgagor is an entity othu than it natural person (such as a corporation or other organization), Lender may demand lmmerbate payment if (1) a beneficial interest in N11-vegor is sold ar ,' ovrx 2001 sutraS009MG. Inc.. St. peed. MN F?m AGCPARM rNl"'z ? ?? I 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. ? 6157712456 PINELLA6. COUts'Ly' FL OFF. 4 BK 14089 PG 874 • NO.091 P023 I : or 13) or traritfetred; 121 there is a change in either the identity of number of members of a partnership or skirlar anbty two is a change in ownership of more than 25 percent of the votirko stock of a corporation or similar arni?rtyQ.?)fowever, r r --? not deli-AM 'ytnent in the above situations it it is prola3Ded otherf ththe an date persort suet, as s t 1. ENTtT11' tfiTAARANTIES AND BEPFESENTAi7olg5• It Mortgagor corporation or other organization!, Mortgagor makes to tender the foflowingerremtiea and repreeanlotions which shell be continuing es long ns the Sassed Debt remains outstanding: is stair of incorporation for . Mortgagor is an e ntity which is My organized and validly existing the Mortgage Aorgenizationl. Mortgagor is in good atar?dmg to all states in wfadh Mortgagor transacts business. Mortgagor has the power and authority to own the Property and to carry on its fiusiness as now being conducted and, as applicable, is qualified to do so in each state in whhclh Mortgagor Operates' aor and the obligation evidenced DY the 0. The execution, delivery and performance of this Mortgage by rt Evidence of Debt are within the Power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will rot violate any Provision of law, or at of court or governmental agancy. C other than disclosed in writing Mortgagor hog not changed its name Iwithin the last ten years and has not used any other trade or fictitious namo. Without Lender's prior wtitten c sent, Mongagor does not end MR not use any other name and wig preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND WSPECTioN. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgar will give Lander prompt notice of any, loss or damage to the Property. Mortgagor will keep the property free of noxious weeds and greases. Mortgagor will not Initiate, join In or content to any change in arty private resvictive covenant, zoning ordinance fir other pubic Or private restriction firr iting or defining the uses which may be made of the Property or any pan_ of the Property, without Lender's prior yRltten consent. Mortgagor will notify Lender of all demands, proceedings, claims, end actions against Mortgagor or any other owner made under law or regulation regarding use, ownership and octx",cy of the Property. Mortgagor will comply with all legal roquiramcnts and restrictions, whether public or private, with respect to the use of the Property. Mortgagor also agrees that the nature of the occupancy and use will not change without) Lender's prior written consent. No portion of the Property will be removed, demolished or materlally she ed without Lender's Prprior written consent that become except that Mortgagor has the r(gM to remove items of Personal property with comprising property at least equal in value e worn or obsolete, provided that such personal property is rep) a_^w? -Are agreement or other encumbrance. Such replacement oT personm PrQP-T ill w -11°•• "'j- shag not partition or subdivide the property without Lender's prior written consent. Lander Of Lendera ag?uecti on of Landor's option, ertoor the Property at any reasonable time for the purpose of inspecting the Property. Any insP the Property shaft be onoraly for Lender's benefit and Mortgagor will in no wry rely on lender's Inspection. 13. AUTHORM TO PERFORM. If Mortgagor fails to Perform any of Mortgagor's duties under this Mortgage, or or any e1ther Cher mortgage, dead of trust, security agreement or other lien document the) two priority over this Mortgage, Lender ?y, without notice, perform ilia duties or cause therm to be performed. Mortgagor appoints Lender as attorney in fact to aign Mortgagor's name or pay any amount necessary far performance. It any conatiudioo on the Property is discontinued or not cartiod on in a reasonable manner, Lender may do whatever is necessm to protect Lender's security interest in the Property. This may include complefirlg the construction. Lender's right to perform for Mortgagot shall not Create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Mortgage. Any amounts paid by Lender for insuring, preserving at otharwiso protecting time Property and Lender's security interest will be due on demand and will bear interest from the date of IN Payment until paid in full at the interest rate in effect from time to time according to the terns of the Evidence of Debt. I and mortgages to Lender as rgrun . conveys 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor as3igns, grams, ba s additional security all the right, tare and interest in the following tPooperty). I A. Existing or future Josses, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to, any. extensions, renewals, modifications or replacements ILeasal. percentage rents, 8. Rents, issues and profits, including but not limited to, security ts, minimum term, Pe addtionel rants, common area maintenance charges. parking charges, real rotate taxes, other applicable texas, insurance premium contributions, liquidated damages following "Wt, cancefisdort premiums. 'Ices of rents' insurance, guest receipts, revenues, royalties, proceeds, bonuses. acootmts, contract rights, general i 0nolas, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or airy part of the Property IRentsl. in the event any item fisted as Leases or Rents is determined to be personal property, this Assignment will also he regarded as a sewrlty agreement. Mortgagor will promptly provide Lendar with copies of the Leases and will certify theta Leases are true and correct copes. The existkq Leases will be provided on execution of the Asslg"rit, and as future Leases and any other information with respect w thase Losses will be provided icnmedtately after they are executed, Mortgagor rosy coleet, receive, enjoy and use Via Rents so long as Mortgagor is not In default. Mortgagor will not coliect in advance any Rants dire in future lease perloda. uniA= Mortgagor first obtains Linda's written 4onsom Upon dafauft, Mortgagor will receive any Rents in trust for Lender and Mortgagot will not commingle the Banta with any other funds. When Landda so d'aocts in writing, Mortgagor will endorse and deliver any payments of Ror" frory' h the Property to Lender, Amounts collected will be applied at lender's discretion to the Secured Debts, the coli f managing. protacting and pm"r*g the Property, and other necessary expenses. Mortgagor agrees twit this Security Instrument is Immediately effective between Mortgagor and Lender and effective as to third per6es an the reeoeding of this Assignment. t ,.A E45;;;W a 1991. 2W1 Bwkam 6v.a,1+., Int.. 91- ri..,& Intl Kim AGCOAte?rk 1tn11=1 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. i 6157712456 PINELLA9_ COUNTY FT, OFF. 14099 PG 875 NO.081 P024 As long as this Assignment is in affect Mortgagor warrants and represents that no detadt exists under the Leases, and to parties subject to Me Le:= love rot yipimted any applicable law on leases, Iicanses and landlords and tenants, Mortgagor, at its We cost and expense, will keep, observe and perform, acid require as other parties to the Lessees to comply wit11 the Leases and any applicable law, It Mortgagor or any party t6 the te=a st dd? alts of fails it observeenv applicable law, Mortgagor will promptly notify Lender. It Mortgagor neglect? terms of the Leases, then Lender may, at Lenders option, enforce compliance. Mortgagor will not sublet modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases lunless the Loam so require) without Lender's consent. Mortgagor will not sasign, compromise, subardinate or encumber the Leases and Rants without Lender's prior written consent. Lander does not assume or become liable lot the Property's maintenance, depreciation, or other losses or damages when Lander a protect or preserve the Property, except for losses and damages due to Lendat's gross negligent . Otherwise, Mortgagor will indemnity Lander and hold Lander harmless for A liability, loss or damage that Lander may Incur when Lender opts to exercise arty of its remedies against any party obligated under the Leases. 15. CONDOfIAlNIIMS; PLANf?D UNiT DEYELNWS, If the Property inckrdes a unit in a condominium or a planned unit development, Mortgagor wig perform all of Mortgagor's duties urtder thel covenants, by-laws, or regulations of the condominium or planned unit development. 16. DEFAULT. Mortgagor Will be in default If any of the following occur: A. Any party obligated on the Secured Debt fads to make payment when due; B. A broach of any term or coveter in this Mortgage, any prior mortgage or any canatructlon loan agreement. security agreement or any other document evidencing, guaroraying, aecuriN of otherwise relating to the Secured Debt; I C_ The making or furnishing of any verbal or women representation, statement or warranty to Lender that Is false or. Incorrect in any material respect by Mortgagor or any person or entitylobllgated on the Secured Debt; D. The death, dissalrrtion, or insolvency of, appointment of a rccuver tor, or application of any debtor relief law to. Mortgagor or any person or entity obligated on the Secured Debt: E. A good falth balref by Lender at any time dot Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is Impaired or the vahm of the Property is impaired; F. A malarial adverse change in Mortgagor's busineu including ownership, management, and financial conditions, W. Wily Nan i WV?p e..??............?: o.,.?...o .....?„ ...? conversion of wetlands to produce m agrrctltural commodity, es f"or explained in 7 C.F.R• Pert 1940, SiutipaR G, Eit M. 1 17. REMEDIES OONN DEFAULT. In some instances. federal and state law will re4tire Lender to provide Mortgagor with notice of the right to cure, mediation notices or other notices _and nlay establish Oe schedules for foreclosure actions. Subjed to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Mortgage in a manner provided by law if this Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shag become immediately due and payable, after giving notice ii required by low, upon the occurrence of a default or anytime thereafter. In addition, lender shag be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Mortgage and any related documents. Ad remedies are distinct cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether expressly set forth at not: The acceptance by tender of any sum in payment or partial payment an the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lenders light to require full and complete cure of any existing default By net exercising any remedy on Mortgagor's dolault Landon does not waive Lander's right to later consider the event a default Hit contirwes or happens again. 18. EXPOMS; ADVANCES ON COVBUUM; ATTORNEYS' FEES: COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches shy covenant in this Mortgage. Mortgagor will also pay an demand all of lender's expenses Incurred in collecting, inwirig, Preserving or protecting the Property or M any inventories, audits, inspections or other examination by Lender in rasp?ect to the Property, Mortgagor agrees to pay all costs and expenses incurred by Lender in enforcing or protecting Lender's rights and remodies under this Mortgage, 6v- img, but not limited to, reasonable attorneys' fees, court costs, and other legal expenses. Once the Secured Debt Is fully and finally paid, Lander agrees w release this Mortgage and Mortgagor agrees to pay for any recordation costs. Ali such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided in the EYidence of Debt and as permitted by law. 19. ENVIROWAENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, It) 'Environmental Law' means, without limitation, the Comprehensive Environmental Response, Cempanistion and Liability Act (CERCLA, 42 U.S,C. 9801 et sp,l, all other federal, state and local laws, legulations, ordmartccs, court orders, anomey general opinions or irtterpntive letters conoerHing true public heahht, safety, woNare. envrc?nmant or a hazardous substance; and (2) Hasardonrs Substance' :.a anyl, waste, y?krW!t or contaminant Whleh has cwhich trous to tr+e prrbac tleehh, safety, welfare Or NFW term as `hatwdous material." `tonic substances," or zardous subssance" rxlder any fxwironmsmel Law. Mortgagor repreaerlta, warrants and agrees draas Wrcviousfy disclosed end acknowledged in wdtirtg: dous Sub, manufacWmfi. treated, reansd, or handfed y arty person on, under or about the Property, except h the ordinary course of business and in strict compliance B. with all applicable Environmental Law. i Mortgagor has not and will not cause, eontrbute to, or permit the release of arty Hazardous Substance on the property. • m 1Qat, 7oa1 tr,Ir+R snla..ti Inc. sl. Clev0. NM faro. Aace.14EPTL I1f3U M2 L.?.? I 05/30/2006 16:57 FINEMAN KREKSTEIN AND HRRRIS.PC. 4 6157712456 N0.081 D025 PINELLAS COUNTY FL OFF. SK 14099 PG 876 I Mor a will immediately notify Lender H (11 a releeae or threatened (release of tfazamfous Sulmumee occurs on, Cunder but the Property or migrates or threatens to migrate from nearby property; or i21 there is a vidoaon of any EnvirwrtnerfU4 Law concerning the Property. M such an event, I Mortgagor will take all necessary remedial action in accordance With Environmental Law. 0. Mortgagor has no knowledg* of or reason to believe there is any pending or threatened investigation, elalm, or preeaedmg of any kind relating to 111 any Hazardous Substance located on, under or about the Property; or 12) any violation by Mortgagor or any tenant of my E viroranantel Law, of g&Wr will Wwwdiatsly notify Lander in writing as won as Mortgagor has reason to believe there Is any such "r"ing or threatened investigation, claim, or proceeding. In such an event, Lender has the fig t, but not the obligation, to participate In any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Mortgagor and awry tenant have been, are and shall remain in full compliance With any applicable Environmental LAW. F. There are no underground storage tanks, private dumps or open wells bested on or under the Property and no such tank, dump or well will be added unless Lander first consents in writing. G. Mortgagor will regularly inapect the Property, monitor Ihe.activitfes end operations on the Property. and confirm that all permits, ficenses or approvals required by any applicable Err4immtlental Law ere obtained and complied with, H. Mortgagor will permit or cause arty tenant io permit, Lender or Lender's agent to enter end Inspect the Property end review all records at any reasonable time to datermine (1) the eel fence, location and nature of any Hazardous Substance on, under or about the Property; 121 the w4stencaI location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or 191 whether or not Mortgagor and any tenam are in compliance with applicable Environmental Law. ualHied 1. Upon Lender's request and at any time, Mortgagor a9redri, at M gor's experas, to engage a q environmental engmeer to prepare an emvironmenlal audit of the Prop rty and to wbrrit the tosults of such audit to Lender. The choice of the afrwonmental engineer who will porforrn ch audit is subject to Lender's approval. J. Lender has the right but not the ob igadon, to perform any of Mortgagor's obligations under this section at Mortgagor's expense, K. As a consequence el an breach of arty representation. warranty or promise made in this section, 111 Mortgagor will indemnify and hold Lender and Lander 'r, successors or assigns hlirmless from and against all losses, claims. u..Lx:.:a.. Ate).,- erun,m_ msoonw and remediatlonl costs, penalties end expenses. Indtdang sustain: and l21 at Lenders discrrltion, Lender may rolemm u Lander with collateral of at least equal value to the Property secured by this Mortgage without prejudice to any of Lader's dohts tinder this Mortgage. L. Notwittulartding any of the language contained in this Mortgage to 1the cometY, the farms of Otis section shall survive any foreclosure or satisfaction of this Mortgage regardless of any passage of title to Lander or wry disposition by Lender of any or all of the Property. Any claims and doff uses to the contrary we hereby Waived. 20. CDNDEMNATON. Mortgagor ' wig give Lender prompt notice of any action, real or threatened, by private or public aritides to purchase or take any or all of the Property, including any easements, through condemnation, eminent dorAain, or any other means. Mortgagor further agrees to notify Londdr of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, dreilWga, or other district relating to orJbinding upon the Property or any part of it, Mortgagor authodzes Lender to Intervene it Mortgagor's name In any of " above described actions w claims and to collect and receive all sums resulting from the action or claim. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking'of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Mortgage. Ibis assignment of proceeds Is subject to the tmms of any prior mortgage, deed of trust, security agreement or other ban document 214 INSURANCE. Mortgagor agrees to maintatki brsrrance as follows: A. Mortgagor shall keep the improvements now existing or hereafter built on the Property insured &gal= loss by fire, hazards included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lander requires. What Lender requrires pumuent to the preceding Iwo]sentencea an change during the tam of the secured Debt. The insurance carrier providing the Insurance shag be chosen by Mortgagor subject to Lader's approval. which shall not be wyeasonably withheld. If Mortgagor fads to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Laedm'slrights in the Property according to the terms of this Mortgage. All insurance policies and renewsls shall be acceptable to Lender and shat include a standard 'rnorti" dauaa' and, where applicable. 'lender toss payee clause.' Mortgagor shall lanmedistaty notify Lander of cancellation or terrminatiori of the irowen e. Lend. shall have the right to hold the pofidea and renewals. If Leader tequiree, Mortgagor shag immediately give- to Lander all receipts of paid bremirrns and renewal notices. Upon loss. Mortgages shall give Immadiate notice to the insurance carder and tender. Lender may mace proof of loss N not made immodie aly by Mortgagor. i Unless Lender and Mortgagor oMmwiso agree in writing, insurance proceeds sl?sM be applied to restoration or repair of the Property damaged if the restoration or repeu is eeanomiea? feasible and Lender's security is not lessened. If the restoration or repair is nor aeortomicalEy feasible err Lendor'e security would be lessened, the Insurance procesda shad be applied to the Secured Debt, whvtha? or not then due, with any ammo paid to Mortgagor, it Mortgagor abandons the Property, or does not amwerlwitfvo 30 days a notice from Lander that the insurance carrier has offered to settle a claim, then Wider may collect the insurance proceeds. Lender may use the proceeds to re it or restore the Property or to pay the Secured Debt whether of not than dom. The 30-day period will begin whir the nonce is given. ? cheers.tDO,e..k.r.sr?.,?..sr.croo..w? rro.a?ccanEUr?,sn,rmoQ 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. 4 6157712456 NO.081 P026 PItMLLA3 COtYNTY FL OFF- i. SK 14089 PG 817 I I Unless Lender and Mortgagor otherwise agree in writing, any application of proceeds to principal shag not Awrend or postpone the due date kn ;n hMd-Wed p=yen-rItS Of Change the -r .Qunt of the payments, K the Property is acquired by Lender, Mortgagors right to any rnsxtranoe policies and proceeds resulting from damage to the Property before the acquisltion shag We to Larder to the extont of the Secured Debt immediately before the aequislHon e. Mortgagor agrees m maintain comprehensive general 1ieDYity inaurartce naming Lender as an additional insured in an amount acceptable to Lender, irmiln9 against claims aflsing Iroi any accident or occurrence in or on the Aopaity. C. Mortgagor agrees to maintain rental loss or bush= interruption insurahoo, as required by Lender, In an amount equal to at least coverage of one year's debt service, and required escrow account deposits III agreed to separately in writing), tender a form of policy acceptable to Lender. 1 22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement. Mortgagor will not be required to pay to Leixlw funds for taxes and insurance in escrow. 23. FINANCIAL ffEPORTS AND ADDITIONAL DOCUMENTS. Mortgagor wilt provide to Lender upon request, any financial statenxnt or information Larder may doom neca mary. Mortgagor warrants that an fmandel statements and information Mortgagor provides to Lender are, or will be, acevrate, correct, end complete. Mortgagor agrees to sign, deliver, and file as Lender may reasonably request any additional documents or eertifiCitlons that Lender may eancider necasswy to perfect, car tmus, and preserve Mortgagor a oMigations under thin Mortgage and Lender's ban status on the Property. If Mortgages fails to do so, Lender may sign, daliver, and file such documents or certificates In Mortgagor's name bid Mortgagor hereby irrevocably appoints Lender or Lender's agent as attorney Fn tact to do the things necessary to comply with this section. 24. JOINT AND INDIVIDUAL UABILITY, CO-SIGNERS; SUCCESSCIAS AND ASSIGNS BOUND. All duties under this Mortgage are joist and 61dy1dual. If Mortgagor signs this Mortgage but does not sign the Evidence of Debt. Mortgagor does so only to mortgage Mortgagor's inmrest in the Property to segue payment of the r5eaured Debt and Mortgagor does not agree *to be personally liable on the Secured Debt. Mortgagor agrees that Lender and any party to this Mortgage may extend, mo kty or mate any change in the terms Of this Mortgage Of the (Evidence of Debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Mortgage. The duties and benefits of this Mortgage shelf bind and benefit the succoasors and aas'gria of Mortgagor and Lender. . e Aar -A Mr.rtnannr nnA drws not directly secure the obligation which in Mortgagor or any party indebted under the obligation including, but not lima to, an e t ncy or 0118-MlOn laws. 2s. APPLICA a LAW; sevERABmM: INTERPRETATION. This Mortgage is ?govemed by the laws of the jurisdiction Ire, which Lender is located. except to the extent otherwise roqunred by the laws of %o Jrrisdiction whore the Property is This Mortgage rriay not be amended or modified by aml located. This Mortgage is complete and fully integrated. agreement. Any section or clawe In this Mortgage, attachments, of any greerrxmt related to the Secured Debt that conflicts with applicable law will not be effeclime, uniew that law expresslyror nmpged?y permits the variations by written agreement. N any section or clause of this Mw%W cannot be artfarLed according to its terms, that section or clause will be severed and will not affect the enforceability of the remain ?r of this Mortgage, whenever used, the singular shall include the plural and the plural the singular. The Captions surd 11 eadMg6 of the sections of this Mortgage are for convenience only and are net to be used to Interpret or define the terms of lth1S Mortgage. Time is of the essence in this Mortgage. 28, NOTICE. Unless DIm"ise required by law, arty notice shag be given by delivering it or by mailing it by first class moo to the appropriate party's address on page 1 of this Mortgage, or to any other address designated in writ7mg. Notice to one mortgagor wig be deemed to be notice to all mortgagam. 27. WAWERS, Mortgagor may havaacWire in the (future relating to: waives, : homestead, 1edemption, reins tatand all rights and ement, appraiseme nt aind marshelling of Hens and a95tts. 28. WAr4EA OF JURY TIDAL. To 1M ex-rtt not prohibited bylaw. Mortgagor !s<w tender knowfngiy and Intentionally wales the right, which " paM may have, to a trial by Any with respect to any ntloal4m arising from the Secured Debt, or any other Agreement executed In eonpmelion with the EvManoe of Debt and 11714 Mortgage. Mortgagor and Lander each acla owls4go, that this nection has either been bregglu to the attention of each party's. legal corosel or that each party had the oppaW*y to do so. 29. U.G.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Mortgage: 0 Constrwdon Loan. This Mortgage seMras an obligation incurred f i r the construction of an improvement on the Property. M Fbdve Ting. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the tutee and that are or with become fixtures reieted to the Property. O Crops; Theban; Wwab; Reim. Issues and Profits. Mormor grarets to Lender a security interest In all c(ops, ldmbw and mirmats located an the Property as well as all tents. Issues, and profits at them including, but not limited to, all Conservation Reserve Program ICRP) and Payment InlKnd (PIK1 payrents and similar quvammental programs lag of which shelf also be included in the term "Property"). l7 Personal Property. Mortgagor grafts to Lender a security interest 1r1 ail personal property located on or connected with the Properly. This security interest includes All term products, inventory, equipment, accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal property Mortgagor owns now or in the future and that are usad or useful in the construction, owner i , operation, management, or maintenance of aor8) a (gel. ;W1 P..iwn sw-.. V, R CWA MN Porn. AOCO- l ft lanlr= 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. ? 6157712456 NO.081 P027 pTMLLAS COuNTy FL OFF. 0- BK 14089 PG 878 the Property. The term 'peroonal propartY' specifical excludes that property described as -household ggoods' secured in connection With a 'corrnuner' loan as those terms we defined in applicable federal regtltations agverngro unfair and deceptive credit practices, 30.43THER 7ERM5. If checked, the following are applicable to this Mortgage: O Line of Gent, The Secured Debt includes a tevolving line at credit provision. Aldwro qh the Secured Debt may be reduced to a zero balanos, this Mortgage will remain in effect until released. ? Separate Assignment. The Mortgagor has executed or will exavft a ?parate assignment of leases and rents. If the separate assignment of Wesel and rents is property executed and recorded, then lfte separate assignment will supersede this SectYltV Instrument's 'Assignment of leases and Rents I sa000n. I? AdrBtional Terms. ALL PARTIES AGREE THAT A CITE 0113 POWIT Fff Wlli BE NMRW ON All FMAE NUPE RENEWAI& CALCULATED ON THE &W WT OUTSTAmr. g1 wtL W IF CHECKED, THIS IS A BALLOON MORTGAGE,AND THE FINAL PRINCIPAL PAYMENT OR THE PRINGPAL BALANCE DUE UPON MATURITY IS APPROXIMATELY 1 M1,408.25 TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TONS OF THIS MORTGAGE. ? IF CHECKED, THIS BALLOON MORTGAGE SECURES A VARIABLE RATE OBUGATION AND THE BALANCE DUE ASSUMES THAT THE INITIAL RATE OF INTEREST APPLIES FOR THE ENTIRE TERM OF THE MORTGAGE. THE ACTUAL BALANCE DUE UPON MATURITY MAY VARY DEPENDING ON cHAkas IN THE RATE OF INTEREST. SIGNATt0RES:By signing below, Mortgagor agrees to the twins and eovena?ts cantalned in this Mortgage and in any attachments. Mortgagor also acknowledges receipt of a copy of this Mortgage on tils data stated above on Pape 1- Nww; U&M HOUSE Rw LLC- U^^ , l--70-65 Am M. T11Olletml, MAN =B MEMUR POW 0 Rater to the Addendum which is attached and incorporated here] for additional Mortimors, slgnattmes and acknowledgments, I E-. ' O1M MCI as,tr?SVWjWn Mc..A0oW. MN Form AaCO-MM-11 tL37rZ= I ~,- er - 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. 4 6157712456 PINELLAS COUNTY FL OFF. 0 - SK 14089 PG 879 • NO.081 P02B ACKNOWLEDGMENT: STATE OF , COUNTY OF ) ss. Thin instrument web acknowledged before me this day of win by who is personally known to me or who has produced as Identification. My commission expires: . I ING(" wb" ftft eo Name or Ackna*Ween STATE OF Lk kao aS t r?? , COUNTY OF I t can9 } sa. this instrument waa acknowledged before ma this 21ST w daiv of jA TU05 -^?w^??p]' :uu?co n: invaounn:nwnw6no n?ooocn, :awi? ?i.rn. +•YI? •Oa wr?n?a.i' _ _. i flf?egll of BRIGHT HOUSE ELgH k LLC. (No- of Bur:va w 6+6ey) a VffiFASCA LNTFD tlA8M COMPANY on behalf of the buslnesa or entity. He/she is personally known to me at has produced as identification. My comrnissi0n expires: 4e-L,.{) je I I ti6nud Noma d AC ) t =NDA MUNKb ??? ?KM ?, I t(((VVJrr? .r a lot- ?.?1-?+? ?19ei,7m114n1w?SY°L?+.lK., St. Cbud, MN Fam MSCOiiE9EFL 11(JiR007 ? 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. i 6157712456 NO.081 0029 111. 2005119925 $69.50 KEN CLKPRI2 BK: 192 PG: 1192, 03/31/2005 at 02:16 PM CORDING 8 PAGES BUPIM, C OF COURT PINELLAS COUNTY, FL BYOPUTY CLERK: TH)<S DOCUMENT`S WAS PREPARED BY AND-W? Micbmt J. Moran, Esq. RE-11MIN TO I The Inland Rc4l Estate Group, Inc. abx Tdle It19awn Co, 2901 Butterfield Road 6447 Wft Davis Ung Oak Brook, Illinois 60S23 Tlf MFldlda39694 Aleorrr+n. ?? RIG OF FIRST RE SAL AGREEMENT THIS RIGHT OFrrIFII W REFUSAL, AGREEMENT (this ."Agrtement'? is made and entered into as of this 21 day of lanuary, 2005, by and between INLAND RETAIL REAL ESTATE TRUST, INC., a Maryland corporation ("MRETJ"), and BRIGHT HOUSE FLORIDA, L.L.C., a Florida limited liability company ("Clearwater Developer"). RECITALS A. TRRETI, Dicon Corporation, a Nebraska corporation ("Dicon"), and James M. Thorburn, an individual ("Thorburn", and together with Dicon, /'Developer"), are parties to a certain Fourth Amendment to Development Agreement dated as of December 16, 2004, as accepted and agreed to by UP Investments Cypress Trace, LLC and Scott Fish (the "Fourth Amendment'). ,- varccr"or oronertq'?eneiiv` wil tn, oxnin A anacner -hereto aiicl made a pirt her,eof,, which property constitutes a portion of the Clearwater Property (as defined in the Fourth Amendmentxthe "Target Property'). C. Pursuant to the Fourth Amendment, Developer agreed to cause Clearwater Developer to grant to- IRRETI a first priority right of first refusal to acquire the Target Property, miff as set forth in the Fourth Aincndment. D. Clearwater Developer desires to (i) grant to IRRET'I a first priority right of first refusal to acquire the Target Property, and (ii) cause this Agreement to be recorded in all applicable land records relating to the Target Property, all upon and subject to the terms and provisions hereinafter set forth. NOW THEREFORE, for and in consideration of the premises and the mutual promises hereinafter set forth IRRETI and Cloarwater Developer do hereby covenant, promise and agree as follows: I I. Right of First RW?usal. Clearwater Developer here?I irrevocably grants to IRRETI a first priority right of first refusal (the ")tight of Phan Reftmal'I toy acquire the Target Property in the event that Clearwater Developer shall receive it bona fide offer it intends to accept from, or otherwise reaches any agreement with, a third party to acquire any direct or indirect interest in the Target Property (a "Bona Fide Offer'). Clearwater Developer co Hants and agrees that it shall not sell,. transfer or convey, or enter into any agreement pursuant to which it agrees to sell, transfer or covey, any direct or indinwt interest in the Taiga Property unless and until 1RRETl shall have elected not to exercise the Right of First Refusal. Within seventy-two (72) hours of its receipt of a Bona Fide Offer, Clearwater Developer shall deliver to IRkM notice thereof together with (a) a copy of such Bona Fide Offer (together with any proposed or exe6ted letter of intent, purchase contract or other agreement relating to such Bona Fide Offer), (b) the identity of the proposed purchaser of the Target Property (including the identity of any person or entity controlling such proposed purchaser), (c) the purchase price for the Target Property,) (d) the expected closing deft, Ckaaaur- R]Qfr Of FWT kUUSAL AOxEDUNI ON 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. 4 6157712456 NO.0B1 9030 PINELLAS COUM FL OFF*C. BK 14213 PG 1193 I (e) a sutnmaty of any other material terms and provisions contained in the Bona Fide Offer, and (f) a request whether 1RREn desires to exercise the Right of First Refusal (collectively, the "Offer Notice'7. IM71 shall have the first right and option to exercise the Right of First Offer by delivering written notice (an 'Exercise Notice') thereof to the Clearwater Developer within ten (10) bwsiness dafs after MRE71's receipt of the Offer Notice, If 1 Wit elects to exercise the Right of First Refusal, then MRETI and Clearwater Developer shall proceed to closing upon and subject to the horns and provisions contained in the Offer Notice. If IRRETII clods not to exercise the Right of First Refusal, then Clearwater Developer may proceed to closing the transaction contemplated in the Bona Fide Offer with the party designated in the Offer Noticee on the exact same terms and provisions contained in the Offer Notice. IRREfI's failure to I deliver an Exercise Notice to Cleat-water Developer prior to the expiration of the aforementioned ten (10) business day period shall be deemed IMTI's election not to exercise the Right of First) Refusal. If any of the terms or provisions of any Bona Fide Offer contemplated in an Offer Notice shall change, then the Right of First Refusal shall apply to such revised Bona Fide Offer and Clearwater Developer shall re-offer the Target Property to W ETI pursuant to the procedures sot forth above. For the purposes hereof any proposed sale, transfer or conveyance of any direct or )indirect ownership or beneficial interests in Clearwater Developer shall be deemed to be a proposed transfer of the Target Property and the Right of First Refusal shall apply thereto. Clearwater Developer shall, at its cost, cause this Agreement to be recorded in all appropriate land records relating I to the Target Property. Upon recordation, Clearwater Developer promptly shall deliver a file stamped copy of this Agreement to IRRETI. Clearwater Developer agrees that if it or any other entity related to or affiliated with Developer shall acquire the remaining portion of the Clearwater Property, then Clearwater Developer and/or such other entity shall execute, enter into and record an agreement substantially similar to this Agreement and encumbering such remaining portion of th6 Clearwater Property. Z. i:a esF: i 3. odces. Each notice, demand, request, consent, approval, disapproval, designation or other communication (all of the foregoing are herein referred to as a "Notice") required, pemritted or desired hereunder shall be in writing and shalt be given or made or communicated by personal delivery, certified or registered mail, return receipt requested, or nationally recognized overnight courier service addressed as follows:: If to UWT1: Inland Retail Real Estato Trost, Inc. 200 Waymont Circle Suite 126-10 L.alm Mary, Florida 32746 Attention: Barry Lazarus With copy to, Inland Retail Real Estate Trust, Inc. 2901 Butterfield Road Oak Bruok, Minois 60523 Attention: General Counsel If to Clearwater Developer; Dicon Corporation 11506 Nichols Sum Suite 200 ' Omaha. Nebraska 68154 Atention- James Thorburn With copy to, Michael C. Carter, Esq. 115%Nichols street Suite 103 Ornaha, Nebraska 68154 Cl-%W - RIr ff of FIRST RMSAL A08EEWENT 011 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. 4 6157712456 NO.OB1 P031 PINELLAS COUNTY FL OFF.. EK 14213 PG 1194 • Either party hereto may designate a different address from time to time to which such notice shall be sent to such party, provided that such party has given at least ten (10) days advance notice of such change of address. Any such notice or communication shall be deemed received (a) upon mccipit, if givers by personal delivery, (b) on u e naw-d business day following depoait with an overnight delivery service if sent by overnight delivery service, next business day delivery, and (e) on the third (P) business day following deposit into the United States mail, if sent by registered or certified mail. In the event any date on which any notice or election is required to be made hereunder falls on a Saturday, Sunday or federal holiday, then, the date on which such notice is required to be given or made hereunder shall, for all purposes, be deemed to be the next following business day. 4. Severability. If any provision of this Agreement o I r the application thereof to any person or circumstance is or shall be deemed illegal, invalid D'r unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and this Agreement shall be interpreted as if such illegal, invalid or unenfol+cet<ble provision did not exist. 5. )Fall Force and Effect; Binding lEf "t. All rights, covenants, conditions, agreements, restrictions and reservations contained in this Agreement shall run with the land and shall inure to the benefit of and shall be binding upon lRRE17 and Clearwater Developer and their respective heirs, legal representatives, successors and assigns. IM71 shall have the right to assign its interests and rights under this Agreement. 6. Entire Aertementt Ameiadiarent. This Agreement contains the entire agreement of IRREU and Clearwater Developer with respect to the subject matter hereof, and the same may not ?e ?????? ????r ? v?.wc_iaug- ???va ] --? `.u IN IIW W RO?SI?Y ?.n brl-V]?WIIIIi?44111Y11t?111 wrtnng sigtied by tne'pairy to "ve oounatnereny. 7. Cowternarts. This Agreement may be executed in separate counterparts, each of which shall constitute an original copy hereof, but all of which shall constitute but one and the same agreement. 8. Li- tion. In the event of litigation between the parties hereto with respect to the subject matter heteof, the enforcement of the terms of this Agreement or the performance of their reapective obligations hereunder, the prevailing party shall be entrtled to recover from the other party all costs and expenses incurred by the prevailing party in onnection with such litigation, including, but not limited to, court costs and reasonable attorney's foes. 9. Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. fonstruction, This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that this Agreement was prepared primarily by counsel for one of the parties hereto, it being recognized that both 1RRETl and Clearwater Developer (and their respective coutrsels) have contrtb%rted substantially and materially to the preparation of this Agreement. [SIGNATURES ON FOLLOWING PA G E] I C1www - RIGHr OF MUT RMSAL AGREEmM (3)i 05/30/2006 16:57 FINEMAN XREKSTEIN AND HARRIS.PC. i 6157712456 N0.081 P032 PINELLAS COUNTY FL OF'F. 0- BK 14213 PG 1195 • IN WITNESS WHEREOF, Landlord and Tenant have the day and year first above written. o this Memorandum as of IRk U INLAND RETAIL Maryland By: ESTATE TRUST, INC., a BRIGHT HOUSE FLORIDA. L.L.C., a Florida limited liability company ? n Br 14 I. Name: ?J-a.4Nes ( Its, (x . D)4 i T ClotrwaW - RJGHT OF FIRST REFUSAL AGREEMLNT 0)1 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. ? 6157712456 NO. 081 9033 PINELaS COUNTY PL OFF 40C . BK 14213 PG 1196 • STATE OF ILLINOIS ) SS COUNTY OF DUPAGE The undersi$•ned, a Notes j Public wn and for said Comity, in the State aforesald, duly commissioned and acting, does hereby ceRify that/??c 13• Moaner , the Vitt 1: dontof Inland Retail Real Estate Trust, Inc. (the "Company"), to me personally well known and known to be the person who signed the fore in instrument, and who, being duly sworn, stated and acknowledged that helshe is such ;'_e-cul and that he/she signed and delivered the same on behalf of the Company, with authority, as his/her and its free and voWxy act and deed, and as the flee and voluntary act of the Company, for the uses and purposes therein mentioned and set forth, GWEN under my hand and notarial seal this ?` Oday of "kr"-' 2005. sUsm M MASE&FtET .J"k! }?l c3x-i. 3? NWARYPAX-STATEOF R140M Notary Public W COWISSION OFFS I NO W y Conunission Expires: l a l,810-1 Ckarwata • RIGHT of FIRST REFUSAL AGREEMENT (3)I S I 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. -> 6157712456 N0.081 P034 PINELLAS COUNTY FL OFFOC. BK 14213 PG 1197 STATE OF. OgbkAAa, } COUNTY OF } MAPO, On the 10 day of , 2005, before me penally appwed ?ttuotwn?• /'? a m lK Q ?? i ommissioner of Superior Court Notary Publicl Clear%M-SUGHTOFFU=REPJSALAGREEW T(]p 6 plNELLM COUNTY FL Opp. # EX 14213 PG 1198 • EXHBIT A LEGAL DESCRIPTION OF THE TARGET PROPERTY I (SEE ATTACHED) I Ctwmrta - RIGHT OF FIRST REFUSAL AGREEMENT (3)1 7 05/30/2006 16:57 FINEMAN KREKSTEIN AND HARRIS.PC. -? 6157712456 N0.081 9036 PIKELLA.S COUNTY FL OFFoC. BK 14213 PG 1199 PAJm 1! ld4rTHEG.BARWA76RCt7tiFG71oF SMNDRakt T,SgabdMWM Book 107, pap a ctft pultlt: m= td PkWm Cou*, Raft Ima DOM yr need for U.S. Hlplwray 19. PAV4X8: pw ttto w rocar 9 e1 P1d Nmmm*ah* e®eaiMs Wft berd@ of Pans/ 1, So rneervW In Dead rooorded In oftm Raw* Book 1476, Pepe 95. and a aided *so muh Pswo 4 A®raem>aa quad Nrw&*Br % 1606 whist la alwked as ESddl -K 10 A•?treat remolded h t]1fteW Rsoards Book 71119, Page 9l?i, of the ptrblip 4ecorda of P GbreRy. Fiorrae, ae >tAer,?ed McWaeaf011t1rsrtr, ford* pltrpeea:aseforg1ft* omerd w 1w ft arrda aetfoAhthe sh Pa1ftM W tyorF?zirtsA+eeasamenlt fatfre benaNt d Pasoei 1, aecleetad byttrst cartel»Parfdrig sad prAr?y Epeettretq Ieooll?d Int]NdN Records booktYtlil, papa, acanaer?ad in OfAdtl Reoorrta Bopkt3735, /zap!s1?. difrt twhikrreoaded Pinolf? tbrrrrgr, Rori?r, f?theputpOOaCaaforot tturraM, over ardacrott r;lholarxis cacbrrha+eratn, lea;tnd wept thoseportiorsrltwreotoorrusypd, telrtnauaod torU.8. HldnrrAytB, PARCFI. c • riorr?rei?eaae for h berlMlt d Peron) t. aaa?d bythetoat?nt)pera0oeend Rarlpraaer teseraent Apreorttertt r8Wdad k10ftW R eoords Book 6441. pope 2M m amendedIb10t1 W Records Budr6m pegs 217, h t ciai Raaorda t3aakeB¢t, Pop ImK In Otildet itaoords Book 7541, pm ft b 0Mdal ReooMc Book 7W, pQa zaz6a?,dino+licalaer?rdeeook9B64,pye4sl,tw.thsrwim?etoenoah?awawrt?Pradrtciions,t?ntd Eseamraea iad Idod?ob d r0osnrnaa 8lroppinp trlyder Ope?tlon erd Redproce) Eaeerrrent Apreamerrt rewrdad h QftW Ramada took 12IK papa =. al tm pUdIC racordrt a gureiles tburRy, Nor10t for tirc pupoeas MW dw0h tt ?maratd across tflstfsrrds ea! MOlharrA I= W4 t?tM p rhm oonrayed.l• wcr u d for PERM Nomftd"W Ior ON bendlt al i gcd t, as aided by that um =P Eacareartt Agumm ncxoed h OffpW Records bc*ffilk Prue A19Q, ai ad0P 1! e - by itebtrm a recorded br uftw Aaoords 6odr&ftpKp Iv an oweh d h ONTohi Rsmde am* e®1, pW 0c4, d ro k Moftdiftm" C%"*, Florida, forom pwpo as bvl amand wm ttw Cards set form tlratn less and amps oho c P aft s aornreyed,1*0 w seed tar U.3. Hvmay A Pennsylvania Professional Corporation PHILADELPHIA OFFICE ATTORNEYS-AT LAW NEW JERSEY OFFICE United Plaza www.finemanlawfirm.com 41 South Haddon Avenue 30 S. 171i Street 2nd Floor Suite 1800 Haddonfield, NJ 08033 Philadelphia, PA 19103 (856) 795-1118 (215) 893-9300 Michael H. Krekstein, Esquire Fax: (856) 795-1110 Fax: (215) 893.8719 Direct Dial: (215) 893-8740 E-Mail: mkrekstein@finemanlawfirm.com WASHINGTON, D.C. OFFICE 1730 Rhode Island Avenue, Suite 712 Washington, DC 20036 (202) 207-1005 PLEASE REPLY TO PHILADELPHIA Fax: (202) 331-1663 May 22, 2006 Via Federal Express - Priority Tracking No. 85071449 4625 Paula Hasenfratz Southern Ice Arena 215 Gothic Court Franklin, TN 37067 Re: Clearwater Collection Shopping Center Dear Paula: I am enclosing herewith the Flex Standard Development Application and Declaration of Unity of Title. Please arrange to have the Declaration of Unity of Title signed on behalf of Inland and notarized. After signing and notarization, if you want, send the form back to me and I will take care of recording. Or, you may send the completed form to the City of Clearwater Planning Department. With regard to the Flex Standard Development Application, this form really needs to be filled out by your architect or contractor in Clearwater. I have put in some information on page 1, but the rest of the form requires much more information than I have. If you have any questions about this form, please call me. Very truly urn c MICHAEL H. KREKSTEIN MHK/sm cc: Scott Fish (w/ encl.) Z:\Client Maners\2830 FISH. SCOTIRCones\Paula Hasenfratz - 5.22.06.doc ci?ALa 6/5/2006 'k1d' Receipt #: 1200600000000005777 4:04:12PM r Date: 06/05/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLS2006-06034 03 Flex Std-Commercial 010-341262 475.00 Line Item Total: $475.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check BRIGHT HOUSE FLORIDA LLC R_D 1522 In Person 475. Payment Total: $475.00 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page 1 of 1 i i FLS2006-06034 21750 US HIGHWAY 19 N Date Received: 06/05/2006 CLEARWATER COLLECTION SHOPPING ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 281B PLANNER OF RECORD: NOT ENTERED CLWCoverSheet 'RJR :R ,R) t-. d:ttt C ITY OF C LEARWATE R PLANNING DEPARTMENT Posr Oi i uicr Box 4745, CI.I'.AKWA'IHK, FmRIDA 33758-47 }8 ?s ?i??,?Af 1 MUNICIPAL, SI?KVICP.s BUILDING, 100 SOUTH MYKI'LI? AVI.i; , Cu.- kWA-I'I:R, RoKLUA 33776 Tk1.1mlo I? (727) 562-4567 FAx (727) 562-4865 LONG RANGE. PIANNING Di-vri.oPn4F:N'r Rrvn:W August 27, 2006 Scott Fish 215 Gothic Court Franklin, TN 37067 RE: Development Order regarding case FLS2006-06034 at 21750 US Highway 19 N Dear Mr. Fish: This letter constitutes a Development Order pursuant to Section 4-202.E. of the Community Development Code. The Community Development Coordinator (CDC) reviewed your application for Flexible Standard Development approval to increase the height of a parapet wall from twenty-five feet to thirty-one feet in the Commercial District, per Section 2-703.R. The CDC approved the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Retail Sales and Services criteria under the provisions of Section 2- 703.R.; 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. Conditions of Approval: 1. That all signage meet Community Development Code requirements; 2. That a Declaration of Unity of Title be recorded with the Pinellas County Clerk of the Circuit Court and two copies of the recorded document be submitted to the Planning Department prior to issuance of a Building Construction Permit (BCP); 3. That all required Occupational Licenses be obtained; and 4. That all Fire Department requirements be met pri or to the issuance of any permits. I, through this letter, approve your application for Flexible Standard Development with the above conditions. The approval is based on and must adhere to the application received June 05, 2006 and other supporting documents including a site plan date stamped June 05, 2006. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (August 26, 2007). All required certificates of occupancy I r.a:.h I Ililt mm. Nh lc jnil'\ Urn;:a,?• CIA :.I ii_>u Wil?r I h))-I I I.\%III it I\, 0)1 v Il e>n+rr BlI.I. C (It , 11%11:\Iltfk ® (: uu r.. A. I'rl rr>r?. ("()I MA; \Ih:aluPK :III I I;>Irl l1 11( r n l1 I;\1,\ II I:, N 111 IN I mI'I u) I:A." August 27, 2006 Mr. Fish - Page Two 0 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 contact Steven Everitt, Planner I (727-562-4567 x 2563 or steven.everitt@myclearwater.com) if you need further assistance. You can access zoning for parcels within the City through our website: www.myclearwater.com. Sincerely, Michael Delk, AICP Planning Director S: (Planning DepartmentIC D BTles Standard (FLS)Vnactive or Finished CaseslUS Hwy 19N21750 (C) -Clearwater Collection Shopping Center - Pending121750 US 19 N Development Order. DOC 0 0 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• Sc,C,-I-! IF 1 S Vl FAX: b1 6--771- ZYEb x z5b 3 DATE: OS 7 7)1Z,6 0 (SUBJECT: 'F L ?)7, G? -- O (o O am 21-750 US \9 N MESSAGE: LDD?- ?-O ?Ld? NUMBER OF PAGES(INCLUDING THIS PAGE) 4 ?t4. _F w C ITY OF C LEARWATER PLANNING DEPARTMENT PosT Orrua: Box 4748, CLPARWATER, FLORIDA 33758-4748 w, rr? *s_? y# yr I MUNICIPAL. SI:RVICI;ti BUILDING, 100 SOUTH lMYRTH: AVENUE, CLEARWATFR, FLORIDA 33756 '1' -u.-PHONI? (727) 562-4567 FAX (727) 562-4865 LONG RANGE PIANNING DL?Vh].OPMENT RI:VIIiW August 27, 2006 Scott Fish 215 Gothic Court Franklin, TN 37067 RE: Development Order regarding case FLS2006-06034 at 21750 US Highway 19 N Dear Mr. Fish: This letter constitutes a Development Order pursuant to Section 4-202.E. of the Community Development Code. The Community Development Coordinator (CDC) reviewed your application for Flexible Standard Development approval to increase the height of a parapet wall from twenty-five feet to thirty-one feet in the Commercial District, per Section 2-703.R. The CDC approved the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Retail Sales and Services criteria under the provisions of Section 2- 703.R.; 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. Conditions of Approval: 1. That all signage meet Community Development Code requirements; 2. That a Declaration of Unity of Title be recorded with the Pinellas County Clerk of the Circuit Court and two copies of the recorded document be submitted to the Planning Department prior to issuance of a Building Construction Permit (BCP); 3. That all required Occupational Licenses be obtained; and 4. That all Fire Department requirements be met prior to the issuance of any permits. I, through this letter, approve your application for Flexible Standard Development with the above conditions. The approval is based on and must adhere to the application received June 05, 2006 and other supporting documents including a site plan date stamped June 05, 2006. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (August 26, 2007). All required certificates of occupancy PrV\K I IIIM\NI1, ill. r IN j( IN I h m,A\• O fl ,Nc 11.\11 Wir c 1 I(l)-i 11\\111 W N, l:ui u \n \11fl k 13n.i. J r.:u i . l f a ?\.u.%Iisvrj r ® l : wi r.\ A. I'ri er.>r , G n ii >u:\m1:N L I :?i. I:>Iri ,? n \1 AM) APPWMA MT, A( 11()\ I'mi, ) iu;,, 0 August 27, 2006 Mr. Fish - Page Two 0 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 contact Steven Everitt, Planner I (727-562-4567 x 2563 or steven.everitt@myclearwater.com) if you need further assistance. You can access zoning for parcels within the City through our website: www.myclearwater.com. Sincerely, Michael Delk, AICP Planning Director S: (Planning DepartmenhC D MFlex Slandard (FLS)Unactive or Finished CaseAUS HHry 19 N 21750 (C) -Clearwater Collection Shopping Center - Pendingl21750 US 19 N Development Order.DOC Aug. 28 2006 01:44PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 916157712456 Aug.28 01:42PM 01'12 SND 03 OK TO TURN OFF REPORT, PRESS 'MIEMJ' #04. THEN SELECT OFF BY USING 1+1 OR 1-1. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). t Clearwater U FAX: / _ t E 7 ( I Y--14 S-6 CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 FAX COVER MEMO Phone FR _"_/-,!:? bG-- sd-)4zs6? DATE: D SUBJECT: MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) Z==--- 0 CITY OF CLf&RWATER > Cf?a,rWater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM July 19, 2006 Scott Fish 215 Gothic Court Franklin, Tn 37067 RE: FLS2006-06034 -- 21750 US HIGHWAY 19 N -- Letter of Completeness Dear Scott Fish : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2006-06034. 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, 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. You will be contacted by the Planning Department's Administrative Analyst within 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 562-4567x2563 or Steven. Everitt@myclearwater.com. Sincerely yours, Steven Everitt Planner I Letter of Completeness - FLS2006-06034 - 21750 US HIGHWAY 19N Jul. 19 2006 01:05PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 916157712456 Jul.19 01:04PM 00'57 SND 02 OK TO TUN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). v r 0 Clearwater 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: ""? COTT F I S?A FAX: ? Is - -17 YEL Phone: x 2563 DATE:D11 Z6n SUBJECT: FL57,nn(- 0/ n3LI z?-15o us l9 N MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) z Zoning Condition • Conditions Associated With FLS2006-06034 21750 US HIGHWAY 19 N Steven Everitt 562-4567x2563 08/01/2006 Page 1 of application states parapet wall is 31 feet tall.. Sheet A10 states parapet is 30 feet Not Met measured from finished floor. What is the height of the structure measured from existing grade to the top of the parapet? Print Date: 08/01/2006 CaseConditons Page 1 of 1 t ' 0 0 Aug. 01 2006 08:26AM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 916157712456 Aug.01 08:25AM 00'48 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). e CITY OF CLEARWATER > earwate PLANNING DEPARTMENT r MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER. COM July 31, 2006 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 21750 US HIGHWAY 19 N (FLS2006-06034) To Surrounding Property Owners: As a property owner within 500 feet of 21750 US HIGHWAY 19 N, the City of Clearwater Planning Department gives notice that an application for Flexible Standard Development approval to increase the height of a parapet wall from twenty-five feet to thirty-one feet per Section 2-703.R. On August 31, 2006, 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 August 31, 2006. The City encourages you to participate in the review of this application. You may contact me at 562-4567x2563 orSteven.Everitt@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 August 31, 2006. 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, H _ I ?,_w ? Steven Everitt Planner I Letter of Notification - FLS2006-06034 - 21750 US HIGHWAY 19N CITY OF CLEARWATER r PLANNING DEPAKfMENT F.. -. ° - • •:r ' r .` . ... 1 9100 0308 :9?9TERE?4. POST OFFICE Box 4748 p y CLEARWATER, FLORIDA 33758-4748 U.S. POSTAGE SHUCHART, JOHN P 1841 LAKEVIEW RD CLEARWATER FL 33764 - 3608 Ahi Vt9tl41 z?/tl4--3x e5 1111 N4 V//??/VCs UNABLE TO FORWARD NO FORWARD ORDER ON FILE RETURN TO POSTMASTER - r? CAR. CLWWATER SHEPHERDS CHRIST NIKJEH PROPERTIES LLC 82i6 GREENSBORO DR STE 950 MINISTRIES 31123 US HIGHWAY 19 N MC LEAN VA 22102 - 4909 2919 SHAWHAN RD PALM HARBOR FL 34684 - 4438 MORROW OH 45152 - 9698 KENNEDY, V JACK THE KENNEDY, V JACK THE 2919 SHAWHAN RD 2919 SHAWHAN RD MORROW OH 45152 - 9698 MORROW OH 45152 - 9698 FLORIDA POWER CORP DAVNA INVESTMENTS LTD PO BOX 14042 CORP ST PETERSBURG FL 33733 - 4042 730 OLD COACHMAN RD CLEARWATER FL 33765 - 2369 CHEVERESAN, NICOLAE CRISTINO, LENNY CHEVERESAN, OCTAVIA 2161 75TH ST 2484 SHARKEY RD BROOKLYN NY 11204 - 5952 CLEARWATER FL 33765 - 2864 KANE FURNITURE CORP 5700 70TH AVE PINELLAS PARK FL 33781 - 4238 INLAND SOUTHEAST FL DEPT OF TRANS CLEARWATER DE 11201 N MCKINLEY DR 2901 BUTTERFIELD RD TAMPA FL 33612 - 6456 OAK BROOKS IL 60523 - 1159 C L E M HOSPITALITY CO BOB EVANS FARMS INC 21338 US HWY 19 N PO BOX 7863 CLEARWATER FL 33765 - 2828 COLUMBUS OH 43207 - 0863 EURO-AMERICAN INV FL DEPT OF TRANS 2551 DREW ST STE 301 11201 N MCKINLEY DR CLEARWATER FL 33765 - 2852 TAMPA FL 33612 - 6456 USA COURT VILLAGE _ USA COURT VILLAGE 6 405 N ST MARYS ST STE 850 SAN ANTONIO TX 78205 - 2324 0 Rt PLANNING DEPARTMENT 4- 4 100 S. MYRTLE AVENUE, 2HD FLOOR g?4TlRF`G CL EARWATER, FL 3375E PHONE: 72'7-562-45671 FAX 727-562-4865 DE.CLAR.,"JION OF UNITY OFTITLE PropertyO'vner: Ireland Southeast Clearwater Development, L.L.C. Pro party Address: 21750 US 14ighway 19 North KNOW OF ALT, NTEN BY TIIESE PRI,:'>1?NTS, that pursuant to the urdinance.s of the City of Clearwater pcrtainine to tile. lssu;tmce. of building, p;;rnl,t.ti rind Yel7itlaltn? land development activitics, thc: u ndcrtit-ncd, buing the Ire o-,vne.r (s) of the toliowing, described real property (legal description) situated in the City of Clearwater, L'ourlty of Pinellas and Stare i t Florid.t, to r it: See attached schedule, do hc.rchy make the. Following declaration o *condition,, limitations and restrictions on said lands, hercaftcr to be known and referred to ;is n OFk'1,,--\RATI01' I OF ZTNITY OF TITLE, as to the following particulars: I . That the aI'Ortisaid plot or c.umhirtal .on Of sepat'ate lots, plots, parcel;;, ;1QT_C3l c or Portions thereof, shall h;r(-aftcr bc: rct?ardcd as and is hc.r:ihv declared to hc: unified cmdcr.one title as an indivisible building lit. ?. I hni the ?;nid properry :;hall hencef nth he considered a,, one plot or parcel of land, and that. no portion iltcre.ot' shall he sold• asmgncd, trar:;Fcrred, cotlveyed or devised s?paratcly except in its entirety, its one pliit or plarcO of land. That this Ucclnra_uon of LJiiity of itlc shall constitutc a covenant to nin with the land, as provided by Iniv, and shall he hindim, upon the :ndcrsigned, and the heirs, successors and assigns of the. undersigned, and :ill pants; clalming under thetl: until such tlm; as the same may be released in Writing under the orcfei- of the tlv Ivtrinai,er r,f' the (:.:!:y of C learwa Cr. -`t fie undersigned also agrcG(s) that this mArumcnt shall he recorded iii the public recotilS r?f PincIIa.,; County., FIorida. tii?.:nc;d, s;calcd, witnessed and acknowledge. this clay cif..... at Clearwater, Florida. n STATE `l. C'OUiJ"f 1' C)(f'P ti I,c (urcg yj" ri ,na[ruri,Br1[ was acknowledged bcforc. m- this _day Or ?N G. Nq ?o by ?>zt? -- ,0 R? ri bettalfi,f wl urn the in;trutl ccutcd. STATE OF Notonr.public Signatme TENNESSEE G) NOTARY 2 Name ol'Notary Printed 0 PUBLIC;. \p.p ut:rYy f i,Ynttlistili,rt Ntimber: , (fir b'-. Fb 1. r`t G3?DY f.) :r:.tm;t?iy knriwn ?/ or l5rixlLLCCd li]CrtttllC:lIiU11 'x My COMMISSION EXPIRES JUNE 20, 2009ti'e!'I entii tCA[iiul I'I:uu'?i:u• I ?ct?:uvn:: nip •\I'I, II(:;: •n I "mY;ldcvcI,glmcnt Ic%IC%v`I intty 01-11Lic Oct; laralion 2000.tb,c • ?Gui 2? Ac, I-A ?s ?i b a,,,d o r? • Lots 2, 3 and 4, THE CLEARWATER COLLECTION REPLAT, according to the plat thereof recorded in Plat Book 107, pages 24 and 25 of the public records of Pinellas County, Florida, less and except road right-of-way for U.S. Highway 19, abutting said parcels to the east. DocumenO • • Lots 2, 3 and 4, THE CLEARWATER COLLECTION REPLAT, according to the plat thereof recorded in Plat Book 107, pages 24 and 25 of the public records of Pinellas County, Florida, less and except road right-of-way for U.S. Highway 19, abutting said parcels to the east. Document; (-j i^t- OFvCLEARWATER o: PLANNING DEPARTMENT `94TEF; ?' POST OFFICE Box 4748 ' CLEARWATER, FLORIDA 3 3 7 58-4748 RETURNED ! EIDER ATTEMPTED NOT KNOffl-N CHEVERESAN, NICOLAE CHEVERESAN, OCTAVIA 2484 SHARKEY RD CLEARWATER FL 33765 - 2864 •Jw3 !t((!Tl?77IlTillf:fl?!!1!titrfjrril•t'{3t-fittfi!l1?7, CAR CLEARWATER. 8270 GREENSBORO DR STE 950 MC LEAN VA 22102 - 4909 KENNEDY, V JACK THE 2919 SHAWHAN RD MORROW OH 45152 - 9698 0 SHEPHERDS CHRIST NIKJEH PROPERTIES LLC MINISTRIES 31123 US HIGHWAY 19 N 2919 SHAWHAN RD PALM HARBOR FL 34684 - 4438 MORROW OH 45152 - 9698 FLORIDA POWER CORP PO BOX 14042 ST PETERSBURG FL 33733 - 4042 CHEVERESAN, NICOLAE CHEVERESAN, OCTAVIA 2484 SHARKEY RD CLEARWATER FL 33765 - 2864 KANE FURNITURE CORP 5700 70TH AVE PINELLAS PARK FL 33781 - 4238 INLAND SOUTHEAST CLEARWATER DE 2901 BUTTERFIELD RD OAK BROOKS IL 60523 - 1159 C L E M HOSPITALITY CO 21338 US HWY 19 N CLEARWATER FL 33765 - 2828 EURO-AMERICAN INV INC 2551 DREW ST STE 301 CLEARWATER FL 33765 - 2852 USA COURT VILLAGE USA COURT VILLAGE 6 405 N ST MARYS ST STE 850 SAN ANTONIO TX 78205 - 2324 KENNEDY, V JACK THE CLEARWATER, CITY OF 2919 SHAWHAN RD PO BOX 4748 MORROW OH 45152 - 9698 CLEARWATER FL 33758 - 4748 DAVNA INV LTD CORP 730 N OLD COACHMAN RD CLEARWATER FL 33765 - 2369 DAVNA INVESTMENTS LTD CORP 730 OLD COACHMAN RD CLEARWATER FL 33765 - 2369 CRISTINO, LENNY 2161 75TH ST BROOKLYN NY 11204 - 5952 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 INLAND SOUTHEAST CLEARWATER DE 2901 BUTTERFIELD RD OAK BROOKS IL 60523 - 1159 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 INLAND SOUTHEAST CLEARWATER DE 2901 BUTTERFIELD RD OAK BROOKS IL 60523 - 1159 FL DEPT OF TRANS 11201 N MCKINLEY DR TAMPA FL 33612 - 6456 FLORIDA POWER CORP BOB EVANS FARMS INC PO BOX 14042 PO BOX 7863 ST PETERSBURG FL 33733 - 4042 COLUMBUS OH 43207 - 0863 EURO-AMERICAN INV 2551 DREW ST STE 301 CLEARWATER FL 33765 - 2852 FL DEPT OF TRANS 11201 N MCKINLEY DR TAMPA FL 33612 - 6456 LONG RANGE PLANNING DGVI;LoPMI:N'r Rimi:W August 27, 2006 Scott Fish 215 Gothic Court Franklin, TN 37067 CITY OF C LEARWATE R PLANNING DEPARTMENT Posr OI=PU;r Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICGs BuiLDING, 100 SOUTH Wirri.li AVI--.,Nt CLEARWAITR, Floml)A 33756 i+lil,liPHONIi (727) 562-4567 FAx (727) 562-4865 RE: Development Order regarding case FLS2006-06034 at 21750 US Highway 19 N Dear Mr. Fish: This letter constitutes a Development Order pursuant to Section 4-202.E. of the Community Development Code. The Community Development Coordinator (CDC) reviewed your application for Flexible Standard Development approval to increase the height of a parapet wall from twenty-five feet to thirty-one feet in the Commercial District, per Section 2-703.R. The CDC approved the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Retail Sales and Services criteria under the provisions of Section 2- 703.R.; 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. Conditions of Approval: 1. That all signage meet Community Development Code requirements; 2. That a Declaration of Unity of Title be recorded with the Pinellas County Clerk of the Circuit Court and two copies of the recorded document be submitted to the Planning Department prior to issuance of a Building Construction Permit (BCP); 3. That all required Occupational Licenses be obtained; and 4. That all Fire Department requirements be met prior to the issuance of any permits. I, through this letter, approve your application for Flexible Standard Development with the above conditions. The approval is based on and must adhere to the application received June 05, 2006 and other supporting documents including a site plan date stamped June 05, 2006. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (August 26, 2007). All required certificates of occupancy Prnxh I Inn;.?ri?, ?1:??nR .IOIIN 1)ORAN, C(,i :M.ii_MuE> M.1" I Ic N-1 I I.UlirwN, Cor:mILNIFNIiiT lin.i. Jux,uN, Cw N .n. m: n:r:R ® (;:v;i.r:;\A. PH ERSr:N, Can NCILNIFNIBER "I?nrAi. I;.?IPi c n m:x r ANI) Ar•r•mm.u i It Ac: i m 1?MPlM IT"' August 27, 2006 Mr. Fish - Page Two 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 contact Steven Everitt, Planner I (727-562-4567 x 2563 or steven.everitt@myclearwater.com) if you need further assistance. You can access zoning for parcels within the City through our website: www.myclearwater.com. Sincerely, Michael Delk, AICP Planning Director S: (Planning Department) C D BIFlex Standard (FLS)Vnactive or Finished CaseAUS Hwy 19 N 21750 (C) - Clearwater Collection Shopping Center - Pending121750 US 19 NDevelopment Order.DOC c` ? :~i..,~ vu Ub U SET N0: vt,~r4'.}'fr'.I Lr~,~ („?%.i,.,r "4 ~f":*^'3u.iri viMi2:z ~.t t. ~~C' ~k ~i'i":. 5'!,i',.:;,ri:2°" it «t',rr ',.{t ,r,..n ~:•\Alt - . ~.~}t,,x•µ , :rFl.. '.YS.j ' ,.`Ytt'ix1+r+p5 "";1:75+riT ''ZY:: on3,»• t xy 'rJ , tE k 1\a r r t r, .~.~.AnSt w. ,`t, d, v,re •,,ti r.2 r°.\,. iy tyH ~+)i•v'r••`4'ul•~Ef~ rl ~ ,4'x i;+w'$:'ttira. ..run^t~'.~A„S;t•,~r47 .a~,U,,L. tA; ,.r)l+.vJd~1:~i: ~~'.,~ti..a~,A:'S~y . .rY;E w ;,h2A~^,~,v~~'n •eF. ;iy • J. v iti`•:7.. •oiry ' ^!f . r2...Y}',4{n{.' .vf•~:"wir „S:. ~..i..~ird•t~A.• ~„4:. ~•Y:'r..~•rY .Y. Y.. L^i _ :.yai:'r v. r.{ :vyfA~(w ''`4.{f} ..I•'aM•rt2St n•:t ".t. .R:t,: ni.M1 t'n '!'vrC•1 ift~ G'ti"4 :i5,.t.• rJS t'i. (1'v' ny...Y r. t 1 C p p t5ri,:.+ 'Y' xr•Ji. ••t;k.NYx'~:,•..:,,yr.,,,xrrt,at¢:,:r.•:";' ;.5:c::.•,. . • t •n.. 't:. ..»!Jl" ! `t•.Nxr•:. .:5 N.y a 1:.5,:5 T. h. i'rt•r:o•'";":. `ba S• •:'.u ^J•' ,:,.r•.,xrr.i;. "c,^'l:rr! .Y.. 4, t'.a;•iJ}'l ;,a, ^S:<'i.h1•:.:.•,.n+}'i.i,,'r"ts ..wr).•.'~4: t• "~e:. r•K 1 , .N•%•'. . ^.Iex\ .'(.'r . 1'•? x"A~:l•'' :'.14 ,i? ~t J • Yrr.. t .',(•r c,-3'Yi r:>.?, .Wrr:r'd +`t ,y t ' 6' .,..•;,.iT.r :n.,.....y ".1 .~~.t rl. "r 4•a,Yt r h . ,{5 x J',' t••Jii •t, •••a;•v a•C: !•k•it ••i.t... \ 0 0 y ri u. vy:'•~'ii: 41'',~.v5 ,.1 •t• •yr .t, t 1'.r.: ~•!~f•• •,p yYAnt:, A. n.'.1 i.'~ir. .t. Y"i Y l~ .4.~ .v t ':Yt; Y'. 1"i::, `w .w lrlt••';,,, .4 .KY,.~ I, r,.Jv '$.:Y; wrt+iY t M''. '4. rEY,`t( .w, r ir:y;N. „t.• M..r i"''v> rr.yt:C;n•E '.)t.N+r,'ti: \ ~ t / \ \ ~ \ \ ~ \ ~ / \ \ \ \ \ % \ \ \ %M } 4}44Y } 4Y YY} 4}% \ 1 \ \ \ r \ \ \ % \ \ YY Y 4 % % Y REVISIONS: ~ xx/XX/XX (xxx~ . 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