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FIRST AMENDMENT TO DEVELOPMENT AGREEMENTThis instrument was prepared by and return to: Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. o. Box 1368 Clearwater, FL 33757-1368 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010311777 11103/2010 at 03:17 PM OFF REC BK: 17078 PG: 179-197 DocType_AGM RECORDING: $163.00 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into among CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non-profit corporation, its successors and assigns (collectively the "Developer"), whose address is 3100 Gulf-to-Bay Boulevard, Clearwater, Florida 33759, and THE CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (the "City"), whose address is 112 South Osceola Avenue, Clearwater, Florida 33756. WITNESSETH: WHEREAS, the City and Developer entered into a Development Agreement, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida ("Agreement") concerning 131.05 acres of property more particularly described therein (the "Property"); WHEREAS, Section 5.1 of the Agreement provides that the Agreement shall not be effective until final approval and effectiveness of certain zoning designations and future land use map designations for the Property; WHEREAS, Section 6.1.4 of the Agreement provides for the establishment of a Conservation Easement; WHEREAS, Section 6.1.3.1 of the Agreement provides that the Property must be developed in substantial conformance with a Master Plan; WHEREAS, during the approval process, the proposed area of the land use plan and zoning changes was modified, which resulted in changes to the Mitigation Area, the Master Plan Area, the Master Plan and the proposed conservation easement area; WHEREAS, the parties have agreed to certain revisions to the Agreement to incorporate these changes; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 et seq. Fla Stat. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Amendment the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on October 21, 2010, the City Council approved this Amendment, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Amendment and has duly authorized the undersigned individual to execute this Amendment on Developer's behalf, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and are a part of this Agreement. Section 2. Capitalized Terms. Capitalized terms used herein that are not defined shall have the same meanings given to such terms in the Agreement. Section 3. Amendment to A rg eement. The Agreement is amended as follows: 3.1 All. references in the Agreement to the Mitigation Area shall refer to 102.5 acres. 3.2 Notwithstanding any references in the Agreement to the contrary, the Developer has requested a future land use map amendment resulting in a change of approximately 12.99 acres m.o.l. of the Property. 3.3 Exhibit A to the Agreement, Legal Description of Master Plan Area and Mitigation Area, is hereby deleted and replaced with the "Revised Exhibit A" attached to this Amendment. 3.4 Exhibit B to the Agreement, the Master Plan, is hereby deleted and replaced with the "Revised Exhibit B" attached to this Amendment. 3.5 Exhibit C to the Agreement, Mitigation Narrative, is hereby deleted and replaced with the "Revised Exhibit C" attached to this Amendment. 3.6 Exhibit D to the Agreement, the Project Future Land Use and Zoning Maps, is hereby deleted and replaced with "Revised Exhibit D" attached to this Amendment. 3.7 Section 4.2 of the Agreement is hereby amended to read: 2 The Project shall include 667 parking spaces, as shown on the Master Plan attached where 386 are existing today. 3.8 Section 4.3 of the Agreement is hereby amended to read: The proposed floor area ratio on the Master Plan Area shall not exceed .169 nonresidential area and the proposed density shall not exceed 750 dormitory beds, including use of the multiplier of 3 beds per unit ("Residential Equivalent Use") and the transfer of development rights described in Section 6.1.3.9 of this Agreement. The proposed height of the Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is no proposed development on the Mitigation Plan Area. 3.9 Section 6.1.3.5 of the Agreement is hereby amended to read: The residential density shall be limited to 750 beds, including the use of the Institutional density of 12.5 dwelling units per acre, the Residential Equivalent Use of 3 beds per dwelling unit pursuant to the Pinellas Planning Council Countywide Rules and the transfer of development rights described in Section 6.13.9 of this Agreement. 3.10 The following Section 6.13.9 is hereby added to the Agreement: 6.1.3.9 Developer and City desire to transfer development rights comprised of residential dwelling units and nonresidential density currently allocated to portions of the Mitigation. Area (Sender Site), which are to be used in connection with the development of the Master Plan Area (Receiver Site) in accordance with Division 14, Article 4 of the Clearwater Community Development Code. The Developer shall submit and the City shall process an application seeking approval of such transfer of development rights as required by Code ("TDR Application"). In the event of any Code amendment occurring prior to submittal and final approval of the TDR Application, City agrees that the TDR Application, Master Plan and this Agreement shall not be impacted by such Code amendment. 3.11 Section 6,1.3.6 of the Agreement is hereby amended to read: 6.1.3.6 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater and included in the Developer's published Safety Manual. All students, faculty and staff shall receive a copy of such plan at the beginning of each school semester. Developer agrees to close and vacate all persons (except for emergency personnel required to secure and protect the facilities) from the Property as soon as practicable after the issuance of a hurricane watch by the National Hurricane Center which includes the Property. All dormitory construction shall meet Florida Building Code standards for 3 construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property. 3.12 Section 5.2 of the Agreement is hereby amended to read: 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and Section 5.1.4 above, are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. Notwithstanding the foregoing, Developer may request two extensions of time, via the Community Development Coordinator, for the completion of these contingencies for no more than twelve additional months each. All time periods set forth in this Section 5 shall be automatically extended for a period of time equal to that required to pursue any administrative challenge to or litigation regarding any approval by a local, state or federal permitting agency, including any appellate proceedings arising therefrom. Section 4. Ratification. Except as modified herein, the terms and conditions of the Agreement remain in full force and effect and are ratified by the parties. Section 5. Effective Date. As provided in §163.3239, Florida Statutes (2010), this Amendment will become effective after being recorded in the Public Records of Pinellas County, Florida, and 30 days after having been received by the state land planning agency. 4 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this 47 day ofa 17,&A , 2010. Countersigned: CITY OF CLEARWATER, FLORIDA y By: . U?s?•l.? Frank V. Hibbard William B. Horne 11 Mayor City Manager Approved as to form: Attest: ?-`?;`` ??? ?`D e+G r r, I Ile" r' . I ? 2 Z' I Y-0 A Leslie . Dougall-S'de Rosemarie cail i Assistant City Attorney City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of r4=1 "2 , 2010, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known to me. u- OL- Print/Type Name i <f A'V'V-' Notar Public DIANE E MANNI MY COMMISSION # DD952018 STATE OF FLORIDA ) EXPIRES March 06, 2014 COUNTY OF PINELLAS ) (407)3980153 FloddaNotaryService.com The foregoing instrument was acknowledged before me this Z 4, day of 2010, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name / e 25. /IAa?n/ Notary Public DIANE E MANNI MY COMMISSION # DD952018 EXPIRES March 06, 2014 407) 398 0163 FlorideNotaryServlce.com 5 Witnesses: Signat e Reffian?,j Print Name Amnllnpf Signature 51 Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS ) CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida Non profit corporation By: -R4;:;r4l 1 Randy ivingston Vice President for Financial Affairs The foregoing instrument was acknowledged before me this IS - day of O ?&r , 2010, by Randy Livingston, as Vice President for Financial Affairs of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation, on behalf of the corporation. He ["is personally known to me or ? produced as identification. l??eY PUB e? c MY CO MrISSION ADD 72M * * EXPIRES: February 18, 2012 ?l?TFOF F,Oe Bonded Tft Budget Nolary Services NOTA PUBLIC Printed ame: ?-???lr? SMi Commission No. jp `1 a ? 30? My Commission expires: a. a- #539448 v 1- CCC/1" Amend to Dev Agt Revised E?ff bit A Pace 1 of 6 M-uster Plan Area LEGENDIABBREVL477ONS SKETCH AND LEGAL LB = LICENSED BUSINESS DESCF1Fn0N R/W = RIGHT OF WAY PG/P = PAGE ORB = OFFICIAL RECORDS BOOK NORTH 0 200 400 THIS SPACE RESERVED FOR i , j RECORDING INFORMATION GRAPHIC SCALE w m I W T Y 1 I hNa 1 f 0 ) EASTERLY PROJECTION W E . n OF THE NORTHERLY LINE THE NORTH 1/2 OF THE NE 1/4 OF GOVT LOT 4 SEC 16, TWP 29 S. RGE 16 E RAD: 25.00' ARC: 37.46' ,n C4 CH: 34.05' CHB: 568'13'01 "E ? RAD: 25.00' DELTA: 85'51'05" W ARC: 39.24' 34' 35 C 4?5 A? . H: C3 CHB: N1953'43"E " ' 4A0 C4 o m 13 DELTA: 89'56 i o (V l C3 p D 7 w J 7 O W a 0 m d ? GOVT LOT 1 .? p ? OA J1. W z z OLD TAMPA BAY Uj a. W a I v GOVT LOT 3 I GOVT LOT 4 I' _ 21L55 ACRES MORE OR LESS I V I I ''T RAD: 5475.83' IO ?, ARC: 150.00' I nU Mom y?F" a ?q EASTER C2 H: 150.00 " Mo? TRACT PER 1CHB? :N83'22'38 E I ?. ORB 16135, PG 2664 DELTA: 01'34'10" I C2 LZ O i I 8Zia' TIW ? ?' r? 3534"W W i SB2' In R/W C1 v 60 STATE R?A? BLVD RAD: 5525.83' MLF_TO- CAUSEWAY ARC: 151.37' CWIRTHEY CAMC BE &Y C1 CH: 151.36 DAVIS POINT OF BEGINNING CHB: S83 22'38"W DELTA: 01'34'10" FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION. SIGNATURE AND SEAL. SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY - CIVIL ENGINEERING & LANO SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 1410 LPGA Blvd., Suite 148, Daytona Bead, FL 32117 ZZZ229009M L8 12232 (7565 Phone, 386-274-1600 Fax 386-274-1602 DEV AREA 28.55-DWG SHEET 1 OF 3 1° = 400' Revised Exhibit A Page 2 of 6 'A Revised. Exhibit A Page 3 of G SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15. TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4, SECTION 15. TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH % OF THE NORTHEAST X OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF BEGINNING; THENCE S82'35'34'W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'34'10". A CHORD BEARING OF S83'22'38"W AND A CHORD DISTANCE OF 151.36 FEET TO A NON-TANGENT LINE: THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NO5'S0'16-W ALONG SAID UNE FOR A DISTANCE OF 50,00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.63 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF N83'22'38'E AND A CHORD DISTANCE OF 130.00 FEET TO A POINT OF TANGENCY; THENCE N8735'34'E FOR A DISTANCE OF 75.89 FEET; THENCE NI8'25'35"E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36'W FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 35.90 FEET. THENCE N2746'29'E FOR A DISTANCE OF 34.57 FEET; THENCE N22'08'03'E FOR A DISTANCE OF 26.14 FEET; THENCE $85'2749'£ FOR A DISTANCE OF 21.03 FEET; THENCE NOO'22'32'W FOR A DISTANCE OF 47.05 FEET: THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09-14.50'W FOR A DISTANCE OF 49.43 FEET; THENCE N2151'04'W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36"W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21"W FOR A DISTANCE OF 36.76 FEET; THENCE N03'51'29'f FOR A DISTANCE OF 38.04 FEET; THENCE N01'01'25'W FOR A DISTANCE OF 39.77 FEET; THENCE N3914.16-W FOR A DISTANCE OF 22.62 FEET; THENCE N02MI-SO-E FOR A DISTANCE OF 6.68 FEET; THENCE N48'07G4'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08"W FOR A DISTANCE OF 23.22 FEET; THENCE N6013'20'E FOR A DISTANCE OF 17,15 FEET; THENCE NO6'42'31"E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06"W FOR A DISTANCE OF 13.11 FEET; THENCE N45-22.31T FOR A DISTANCE OF 25.74 FEET; THENCE N63*18'48'E FOR A DISTANCE OF 23.82 FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET; THENCE NOO'16'34'W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26"E FOR A DISTANCE OF 180.68 FEET; THENCE N0016'34-W FOR A DISTANCE OF 107.99 FEET; THENCE NBW43'26'E FOR A DISTANCE OF 17.99 FEET; THENCE NOO'S6'49"W FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29"W FOR A DISTANCE OF 71.74 FEET; THENCE N1413'49'W FOR A DISTANCE OF 31.35 FEET; THENCE N251W24'W FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET. A CENTRAL ANGLE OF 89'56'13; A CHORD BEARING OF N195343'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY: THENCE N64'51'49'E FOR A DISTANCE OF 41.65 FEET: THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38'E FOR A DISTANCE OF 52.20 FEET; THENCE N6349'38'E FOR A DISTANCE OF 37.844 FEET; THENCE N70'22'20'E FOR A DISTANCE OF 92.52 FEET; THENCE N68751'27'E FOR A DISTANCE OF 104,70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05". A CHORD BEARING OF S68'13'011 AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S2517'28'E FOR A DISTANCE OF 6157 FEET; THENCE N361B'39'E FOR A DISTANCE OF 40.81 FEET; THENCE N2955'I5'E FOR A DISTANCE OF 19.77 FEET; THENCE N66-58.31-T FOR A DISTANCE OF 18,51 FEET; THENCE S85'43'35'E FOR A DISTANCE OF 27.81 FEET: THENCE N71'55'13"E FOR A DISTANCE OF 24.66 FEET: THENCE N52'06'00"E FOR A DISTANCE OF 30.63 FEET; THENCE SOW49'20'E FOR A DISTANCE OF 204.74 FEET; THENCE N6213'50'E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33"W FOR A DISTANCE OF 28.03 FEET; THENCE N40'45'36'W FOR A DISTANCE OF 35.50 FEET; THENCE 585'40'57111 FOR A DISTANCE OF 47,45 FEET; THENCE N4247'16'W FOR A DISTANCE OF 17,54 FEET; THENCE N21'20'23 E FOR A DISTANCE OF 11.80 FEET; THENCE N89'08'03'E FOR A DISTANCE OF 23.76 FEET; THENCE N47'26'36'E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13E FOR A DISTANCE OF 27.47 FEET: THENCE N78'2527'E FOR A DISTANCE OF 22.62 FEET; THENCE N46'S1'13"E FOR A DISTANCE OF 14.18 FEET; THENCE S49'55'47E FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33E FOR A DISTANCE OF 25.83 FEET; THENCE N71'OW46'E FOR A DISTANCE OF 56.43 FEET; THENCE S3852'30'E FOR A DISTANCE OF 9.38 FEET; THENCE S67-05'16"E FOR A DISTANCE OF 24.28 FEET; THENCE N33'07'17'E FOR A DISTANCE OF 24.29 FEET; THENCE 569'05'02'E FOR A DISTANCE OF 21170 FEET; THENCE S24'08'40"E FOR A DISTANCE OF 30.96 FEET; THENCE S20-16.44-E FOR A DISTANCE OF 8.64 FEET; THENCE S8750'35"W FOR A DISTANCE OF 11.51 FEET; THENCE S26'4W43"W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49'W FOR A DISTANCE OF 19.13 FEET: THENCE S11'23'43'E FOR A DISTANCE OF 24.18 FEET; THENCE N4911'46E FOR A DISTANCE OF 17.83 FEET: THENCE NSn9'36'E FOR A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 15. TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE SOO-00.00-W ALONG SAID SECTION LINE FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE DEPARTING SAID SECTION LINE S89'30'50'E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S4373.49•W FOR A DISTANCE OF 76140 FEET; 2) THENCE 544'38'51'W FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION, THE ABOVE DESCRIBED PARCEL CONTAINS 28,55 ACRES. MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17.050 THRU 17.052, FLORIDA ADL41NISTRA17VE CODE, KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYORIWPPER 16105 WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 1410 IPGA Blvd., Suite 148, Daytona Beach, FL 31117 ZZZ229009M LB 12232 17565 Phone: 386-274-1600 Fox: 386-274-1602 DEV AREA 28.55.DWG SHEET 3 OF 3 KJK Revised Exhibit A Page 4 of 6 Mitigation Area SKETCH AND LEGENV/ABBRE4477ONS LEGAL DESCRIPTION LB = LICENSED BUSINESS NORTH R/W = RIGHT OF WAY 0 200 400 PG/P = PAGE THIS SPACE RESERVED FOR i I ORB = OFFICIAL RECORDS BOOK RECORDING INFORMATION GRAPHIC SCALE S52'41'38"W N 89'32'51"W ''" NORTH LINE OF SEC 16--T29S--R16E N8932'51"W S52'C5 RAD: 418.31' 2136.42' 7ARC: 208.37' CH: 206.22' w CHB: S38'25'25"W DELTA: R 28'32'27" THE NORTH 1/2 OF THE NE 1/4 p 'q RAD: 268.31' SEC 16, TWP 29 S, RGE 16 E Q v m ARC- 243.90' o CH: 235.59' ' " B: S26'39 08 W 52'04'59" DELTA: i 10250 ACRES 4 MORE OR LESS RAD: 25.00' a ARC: 37.46' ? C4 CH: 34.05' CH9: S68'13'01 "E ¢ e RAD: 25.00' DELTA: 85'51'05" w rr 3 ARC: 39.24' 1 405 -i ?r C3 CH: 35.34' QI Z) ui RAD: 5475.83' CHB: N19'53'43"E X40 C4 ao r °n° ARC: 150.00' DELTA. 89'56'13' G°r Lj °o M C2 CH: 150.00' q? rn CHB: N83'22'38"E U DELTA: 01'34'10" C3 , m 1 ,? RAD: 5525.83' GOVT ARC: 151.37' - CLEARWATER LOT 1 C1 CH: 151,36' GOVT LOT 3 I GOVT LOT 4 n CHRISTIAN CHB: 583'22'38"W I - COLLEGE DELTA: 01'34'10" 589'22'57"E 344.66' I I " TAMPA BAY f I POINT OF BEGINNING -- Qya4 I v v I rn Py?Pti ? U EASTER °: o I ?y O TRACT PER ?ia v r m ORB 16135, PG 2664 1D Ao s C2 ?•? tD m m C7 r?SB2'35'34"W v ~1 R/W" C1 . 828.46' STATE ROAD 60 -O RAD: 5525.83' f? GULF-TO - CAUSEWAY ARC. 488.01' COURTNEY CAMPBELL WAY POINT OF REFERENCE CH: 487.85' ? DAMS CAUSE CHB: N86'41'32"E DELTA: 05'03'36° FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRI11 COMPANY CIIAL ENGINEERING & LAND St1RVEMNG SINCE 1976 DATE: OCTOBER 5, 2010 410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA LB #2232 17565 Phone: 386-274-16M Fax: 386-274-1602 102.50.DWG SHEET 1 OF 3T 1" = 400' Devised Exhibit A Page 5 of 6 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING Ll 50.00 N05'50'16'W L2 75.89 N82'35'34'E L3 17.60 N18'25'35'E L4 11.75 N66'10'36'W L5 36.90 N07'24'44'E L6 34.57 N27-46.29-E L7 26.14 N22'06'03'E L8 21.03 S85'27'49'E 1.9 47.05 N00'22'32'W 1-10 10.17 N76'03'09'W Lll 49.43 N09'14'50'W L12 49.13 N21'51'04'W L13 15.55 N61'45'36'W L14 36.76 N39'48'21'W L15 38.04 N03'51'29'E L16 39.77 N01.01'261W L17 22.62 N39'14'16'W Lis 6.68 N02'01'50'E L19 21.83 N48'07'04'E L20 2122 N23'43'08'W L21 17,15 N60'13'20'E L22 10.05 N06'42'31'E L23 13.11 N41'29'06'W L24 25.74 N45'22'31'E L25 23.82 N63'18'48'E L26 49.94 N53'55'07'E L27 56.85 N00'16'34'W L28 180.68 N89.43'26'E L29 107.99 N00'16'34'W L30 17.99 N89'43'26'E L31 68.66 NOO'56'49'W L32 71,74 N14'00'29'W L33 31.35 N14.13'49'W L34 148.53 N25°04'24'W L35 47.65 N64.51'49'E L36 61.06 N55'02'03'E L37 52.20 N61'14'38'E L38 37.84 N63'49'28'E L39 92.52 N70'22'20'E THIS SPACE RESERVED FOR RECORDING INFORMATION L40 104,72 N68.51'27'E L41 63.57 S25'17'28'E L42 40.81 N36'18'39'E L43 19.77 N29'55'15'E L44 18.51 N66'5B'31'E L45 27.81 S85'43'35'E L46 24,66 N71'55'13'E L47 30.63 N52'06'00'E L48 204.74 S89'49'20'E L49 9.09 N62'13'50'E 1-50 26.32 N21'46'43'E L51 28.03 N34.38'33'W L52 36.60 N40'45'36'W L53 47.45 S85'40'57'W L54 17.54 N42'47'16'W L55 11180 N21.20'23'E L56 23.76 N89'08'03'E L57 9.50 N47'26'36'E L59 27.47 N06'22'13'E L59 22.62 N78'25'27'E L60 14,18 N46'51'13'E L61 20.43 S49'55'47'E L62 25.83 S23'46'33'E L63 56.43 N71'05'46'E L64 9.36 S38'52'30'E 165 24.28 S67'05'16'E L66 24.29 N33`07.17'E L67 28.70 S69'05'02'E L68 30.96 S24'08'40'E L69 8.64 S20'16'44'E L70 11.51 S87'50'35'W L71 19.46 S26'48'43'W L72 19,13 S23'25'49'W 1-73 24.18 S11'23'43'E= L74 17.83 N49'll'46'E L75 34.97 N82'S9'36'E SURVEYOR'S NOTM- 1. BASIS OF BEARINGS. ASSUMED, WITH ME NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82-35'34"W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HERECW (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRAnON FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A UOUNDARY SURVEY. WADE TRIM IN CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 IPGA Blvd., Site 148, Daytona Beach, FL 32117 LB 42232 (7565 Phones 386-274-1600 For 386-274-1602 SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 MIT AREA 102-50-DWG SHEET 2 OF 3 KJK Revised Exhibit A Page 6 of 6 SKETCH AND LEGAL DESCRIPTION I THIS SPACE RESERVED FOR LEGAL DESCRIPTION RECORDING INFORMATION A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH A OF THE NORTHEAST 14 OF SAID SECTION 16. PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS. WITH THE NORTHERLY RIGHT--OF--WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF'-TO-BAY BOULEVARD. COURTNEY CAMPBELL CAUSEWAY AND DAMS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE S82-35.34'W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'3410", A CHORD BEARING OF S83'22'38'W AND A CHORD DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16'W FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'34'10. A CHORD BEARING OF N63'22'38'E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'3W34'E FOR A DISTANCE OF 75.89 FEET; THENCE N18"25'35'E FOR A DISTANCE OF 17.60 FEET; THENCE N66'IW36'W FOR A DISTANCE OF 11.75 FEET; THENCE N0724'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29'E FOR A DISTANCE OF 34.57 FEET; THENCE N22'06'03'E FOR A DISTANCE OF 26.14 FEET; THENCE S85 27'49"E FOR A DISTANCE OF 21.03 FEET; THENCE NOO'22'32'W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'S0'1N FOR, A DISTANCE OF 49.43 FEET; THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET; THENCE 1461'45'36'W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE ND3'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE N01'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.52 FEET; THENCE N02'01'50'E FOR A DISTANCE OF 6,68 FEET; THENCE N48'07'04 E FOR A DISTANCE OF 21.83 FEET; THENCE N2343'08'W FOR A DISTANCE OF 23.22 FEET; THENCE N6013'201 FOR A DISTANCE OF 17.15 FEET; THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06'W FOR A DISTANCE OF 13.11 FEET; THENCE N4522'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18!48'E FOR A DISTANCE OF 23.82 FEET; THENCE N53'S5'07'E FOR A DISTANCE OF 49,94 FEET, THENCE NOOIS-34-W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26'E FOR A DISTANCE OF 160.68 FEET; THENCE, NOO'16'34'W FOR A DISTANCE OF 107,99 FEET; THENCE N89'43'28'E FOR A DISTANCE OF 17.99 FEET; THENCE NOO'S6'49'W FOR A DISTANCE OF 68.66 FEET; THENCE N14VW29'VI FOR A DISTANCE OF 71.74 FEET; THENCE N14.13.49-W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24'W FOR A DISTANCE OF 140.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET, A CENTRAL ANGLE OF 89'56'13'; A CHORD BEARING OF N19'53'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY; THENCE N6451'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'031 FOR A DISTANCE OF 61,06 FEET; THENCE N61'14'38'E FOR A DISTANCE OF 52.20 FEET; THENCE N63'49'38'E FOR A DISTANCE OF 37.84 FEET; THENCE N7072'20'E FOR A DISTANCE OF 92.52 FEET; THENCE N68'51'27'E FOR A DISTANCE OF 104.70 FEET TD A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF S68'13'OVE AND A CHORD DISTANCE OF 34,05 FEET TO POINT OF TANGENCY; THENCE 52597'28'E FOR A DISTANCE OF 63.57 FEET: THENCE N36'18'39'E FOR A DISTANCE OF 40.81 FEET; THENCE N29-55-15 E FOR A DISTANCE OF 19.77 FEET; THENCE N66'58'31'E FOR A DISTANCE OF 18.51 FEET; THENCE SSS-43.35-E FOR A DISTANCE OF 27.81 FEET; THENCE N71'55'13'E FOR A DISTANCE OF 24.66 FEET; THENCE N52'O6'00'E FOR A DISTANCE OF 30.63 FEET; THENCE S89'49'20'E FOR A DISTANCE OF 204.74 FEET; THENCE N62'13'50'E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A DISTANCE OF 28.03 FEET; THENCE N40.45'36'W FOR A DISTANCE OF 36.60 FEET; THENCE SBS'40'57'W FOR A DISTANCE OF 47.45 FEET; THENCE N42'47'16'W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE N89'08'03'E FOR A DISTANCE OF 23.76 FEET; THENCE N47 26'36'1? FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13'E FOR A DISTANCE OF 27.47 FEET; THENCE N78'25'271 FOR A DISTANCE OF 22.52 FEET; THENCE N46'51'13'E FOR A DISTANCE OF 14.18 FEET; THENCE S49'55'47'E FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33 E FOR A DISTANCE OF 25.83 FEET; THENCE N71105'46 E FOR A DISTANCE OF 56.43 FEET; THENCE S3852-30-E FOR A DISTANCE OF 9.36 FEET; THENCE S67'05'16'E FOR A DISTANCE OF 24.28 FEET; THENCE N33-07.171E FOR A DISTANCE OF 24.29 FEET; THENCE S69-05702-E FOR A DISTANCE OF 2570 FEET; THENCE S24'08'40'E FOR A DISTANCE OF 30.96 FEET. THENCE S20'16'44'E FOR A DISTANCE OF 8.64 FEET; THENCE S87'S0'35'W FOR A DISTANCE OF 11.51 FEET; THENCE S26'4W43'W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49'W FOR A DISTANCE OF 19.13 FEET; THENCE S11'23'431 FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'46'E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'36'E FOR A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH. RANGE 16 EAST; THENCE NOO'00'OO'E ALONG SAID SECTION LINE FOR A DISTANCE OF 1042.50 FEET TO THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID EAST LINE ALONG SAID NORTH LINE N89'32'51'W FOR A DISTANCE OF 2136.42 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 41&31 FEET, AN ARC LENGTH OF 20&37 FEET, A CENTRAL ANGLE OF 28'32-27': A CHORD BEARING OF S38'25'25'W AND A CHORD DISTANCE OF 208.22 FEET TO A POINT OF TANGENCY; THENCE S52'41'38'W FOR A DISTANCE OF 97.82 FEET; THENCE N5W32'51'W FOR A DISTANCE OF 81.65 FEET; TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYSHORE BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE S52'42'01'W FOR A DISTANCE OF 73.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF 243.90 FEET. A CENTRAL ANGLE OF 52'04'59. A CHORD BEARING OF S26-39.08'W AND A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE SGO'37'03'W FOR A DISTANCE OF 137&55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S89'22'57'E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344.66 FEET; THENCE CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S52'12'03'E FOR A DISTANCE OF 572.80 FEET; THENCE SOO'46'4O'E FOR A DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON-TANGENT CURVE; THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE. ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 5525.63 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05'03'38". A CHORD BEARING OF N86'41'32'E AND A CHORD DISTANCE Of 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 102.50 ACRES. MORE OR LESS I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA 6zL1., BOARD Of PROFESSIONAL LAND SURVEYORS PER CHAPTER KENNETH J, KUHAR SJ-17.050 THRU 17.052. FLORIDA ADUFNISTRA71YE CODE. FLORIDA PROFESSIONAL SURVEYOR/MAPPER ,f6105 WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA LB 122J2 #7565 Phone: 386-274-1600 Fox: 386-274-1602 102.50.OWG SHEET 3 OF 3 KJK Revised Exhibit B [Revised Master Plan] LEGEND \ ..vmm+wce++..e..ue use \ MuR e'rw.ap+ w •. 1 CLEARWATER CHRISTIAN COLLEGE EXISTING A PROPOSED iACILITIES / `ewrm ves .m -? 6 w wee , a xl nsm ® nave e . o.?... ?? I I `•,•? is MpSr ti + W. ^ m +p ?r .p - N \\ a \\ r a ? .r I ^ i ? ? ! `«war ?uv« ' 7 / LAND USE PLAN MAP AMENDMENTS LDNIAG CUSSI?IGTUN WENpuEN15 ?Ne.u? ro al nN..N o ?nel .+.+rcm Ulu, mr.o as.cr .,9„,„e.1 ro .?,a.,e.a of .mmne.a N o s xn E yo ? vrW o a w 4 m E- c- c?oU z (D U) a rt ?:F' b rt N Revised Exhibit "C" Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in existing wetland areas pursuant to this Agreement, state and federal permitting agency requirements. Developer shall: 1. Upgrade entire site's stormwater facilities within the Master Plan Area. These upgrades will include but are not limited to: • Providing water quality treatment for the parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay; Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflows/discharges; and • Eliminate frequent nuisance flooding within some of the parking area, classroom and administration buildings. 2. Make application to Southwest Florida Water Management District (SWFWMD) and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank within 60 days of final approval by the City of this Amendment. The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin. The credits will be derived not from the creation of new mangrove area where none currently exists, but restoration of existing mangrove habitat that, depending on location, is moderately to severely-impacted by sedimentation, mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and Coopers Bayou. The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road, removing sediment and muck, and sculpting the sides and bottoms of select mosquito ditches, creating a branching system of tidal creeks that improves ambient water quality and ecological habitat. Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway; and improving the flow characteristics within the mangrove by demucking, widening and creating a branching tidal creek system within the mangroves. The Mitigation Bank shall be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62- 342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area. An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements. 3. Place a conservation easement over the Mitigation Area, in conjunction with city, state and federal permitting. In the event the state and federal agencies approve the Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the event the City does not wish to take ownership of the Mitigation Area, to another government or conservation organization, in fee simple, for the purpose of expanding the Coopers Point Nature Park recreation area (subject to approval of the USACOF and SWFWMD). 4. In the event the state and federal agencies do not approve the Mitigation Bank, or, in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high, limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable, Developer agrees to proceed with individual mitigation projects, as permitted by the State. Such activities may include: a) Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove; b) Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow and/or ecological habitat; c) Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat. Secondary effects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologic characteristics. 2 Revised Exhibit D (Revised Future Land Use Map) (Revised Future Zoning Map) Amendment to Development Agreement Page 3 ADOPTED Revised Exhibit D (Revised Future Land Use Map) l a tY ¢ lis 's CD L6 I!??? '11 11111 ?+? a I f 'tF ?1 a" ?5 y?tY .? i?? f.. ???, ??r .13 1 _- 1 e , Revised Exhibit D (Revised future Zoning Map) ? 3[ IG011 I I I I I 1 t 4 V U G? r U ? F, d;rSi, A,y/ v ?'VVWSS ? ?r 7 ? Y? 3 If A 7?% -.?y 08tT ? f, TT •I I 4t t? }t tT*c, 1 / y/ i; 3 l j; .1 1, i n y 4.1 _ x r ,, ??ty?• c f }' fafi Mr r !.. Qirikc^? 7 e /