CU92-24CU92-24
2500 MCMULLEN BOOTH RD
SUN BANK OF TAMPA BAY
CITY OF CLEARWATER
~ ~ ~ / G/T,.r-- Interdepartment Correspondence Sheet
o R~
~, ~~~'
~~ T0: Cyndie Goudeau, City Clerk u ~' ~ °~'
,~ G q
FROM: John D. Richter, Development Code Administrator ~~~
COPIES: See Below ~ ~~D ~ e, ~~~~~r~~ ~G~ '~
SUBJECT: Certification of Final Site Plan for Sun Bank of amps
Bay, Northwood Addition
DATE: September 30, 1986
The Development Review Committee at its meeting of September 25,
1986,~approved the above described final site plan subject to the
following condition:
The requisite initial building permit shall.be procured
within six months from the date of certification and all
requisite certificates of occupancy shall be procured within
two years from the date of issuance of the building permit.
Please certify the attached plans subject to the condition
listed above and distribute.
JDR/SEG/df
List
Andy Onufer, Building (1)
Bill Baker, Public Works (1)
Ream Wilson, Parks and Recreation (1)
Cecil Henderson, Utilities (2)
Keith Crawford, Traffic Eng. (1)
Nicholas W. Lewis, Fire Marshal (1)
Paula Harvey, Planning (1)
i~'John Richter, Development Code Administrator (1)
Cyndie Goudeau, City Clerk (1)
Developer/Project Sponsor (3) - .Robert Reid Wedding Architects
and Planners, AIA, Inc.
4112 Cypress Street
Tampa, FL 33609
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• 1 19RF
CITY. CLERK
1
~, CITY OF CLEARWATER
' interdepartmsnt Correspondence Sheet
To: City Manager Anthony L . Shoemaker
FROM: David P. Healey, Planning Director G ~ 9
coP1E5: Roy J. Ayres , Building Director
Lucille Williams, City Clerk
'SUBJECT:
Proposed site plan revisions for .Sun First National Bank of Dune din,
DATE: September 20, 1979
The preliminary site. plan. for Sun First National Bank of Dunedin was
approved by the City. Commission on April 5,.,1979 subject to providing
a five foot wide landscapes-trip between. the parking lot and McMullen-
Booth Road. The plan was certified by the City Clerk on April 25, 1979.
Attached is a revised site plan which accurately reflects the provision
of the landscape strip and .accordingly shifts al improvements upon the
property five fee to the west. In addition, the site plan proposes four
revisions to that which was originally approved by the Commission:
1. The driveway crossing the north property line has been
slightly angled in order to preserve a twelve inch oak tree.
2. A wider turning radius has been provided to the exit drive
from the drive-thru`telaer area enabling easier egress.
3. Six employee parking spaces have been provided west of the
drive-thxu teller area.
4. The configuration of the parking lot east of the bank has
been slightly altered in order to preserve existing trees.
I recommend that we treat the proposed revisions as a minor plan change.
If you concur, please acknowledge by returning a copy of this memo with
your signature to the Planning Department so that we, in turn, can have
the City Clerk certify the revised plan.
DPH/JDR/ms
Attachment
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
T0: Cyndie Goudeau, City Clerk
FROM: John D. Richter, Development Code Administrator1~~
COPIES: See Below '~
~r
SUBJECT: Certification of Final Site Plan for Sun Bank of Tampa
Bay, Northwood Addition
DATE: September 30, 1986
The Development Review Committee at its meeting of September 25,
1986,~approved the above described final site plan subject to the
following condition:
The requisite initial building permit shall be procured
within six months from the date of certification and all
requisite certificates of occupancy shall be procured within
two years from the date of issuance of the building permit.
Please certify the attached plans subject to the condition
listed above and distribute.
JDR/SEG/df
List
Andy Onufer, Building (1)
Bill Baker, Public Works (1)
Ream Wilson, Parks and Recreation (1)
Cecil Henderson, Utilities (2)
Keith Crawford, Traffic Eng. (1)
Nicholas W. Lewis, Fire Marshal (1)
Paula Harvey, Planning (1 )_
--
fJo_ n Richter.,: Development--Code .Administrator~(1)
Cyndie Goudeau, City Clerk (1)
Developer/Project Sponsor (3) - Robert Reid Wedding Architects
and Planners, AIA, Inc.
4112 Cypress Street
Tampa, FL 33609
RE~~I~~T3 ~ ~,~~~IV EU
i
OCT 3 198E ~ ~ 1 1~F
,,
CITY CLERK CITY, CLERK
,-
REVIEWED BV:
Jim
Solt
~Y
~ATTACHINEM'S !
REPORT TO THE CITY OF CLEARWATER PLANNING AND ZONING BOARD
-From the Planning and Development Department
C.U. #92-22
CTTY OF CLEARWATER ~~ f~
MEETING DATE: `April 14, 1992
AGENDA ITEM: ~ ,?
CASE fit: C. U.92 24 - '
LEGAL/ADDRESS/LOCATION/SIZE: Section 13=29-15, M&B 11.13/51 Main Ave:/Belcher Plaza
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Heretick (receiver)/Lincoln L_ earning
Labs, Inc. /Carson
CONDITIONAL USE(S) REQUESTED: Use not specifically identified: Tutoring of children as part of a
testing and counseling service
CODE CITATION (Chapter, Section, Paragraph): 135.187(f)
ZONING/LAND USE PLAN DESIGNATION: OL (Limited Office)/R.O.
SURROUNDING LAND USES: (Please refer to attached map for zoning/CUP designation of surrounding
properties)
G
NORTH: Vacant ~~~ ~ ~ - t ~^~
SOUTH: Post Office/AAA I ~^^
EAST: Apartments ~~ 1 t SJ~ U a
WEST: A artments
DISCUSSION:
The applicant is requesting approval of a conditional use fora "use not specifically identified in code." The
proposed use is a tutoring and counseling service for children who have learning difticulties. The facility will
be located in 1,982 square feet of the 4,500 square foot "P" Building of Belcher Plaza, located at 51 Main
Avenue in Suite 319, zoned OL (Limited Office). According to the applicant's representative, the facility
currently operates at 611 S. Myrtle, a site which was approved 3 years ago by the Planning and Zoning Board;
the establishment will be relocated to the new location in Belcher Plaza. There will be a maximum of 15
students (grades 1 thru 9) with a maxiumum staff of 3 at the facility at one time; the hours of operation will
be from 8:30 am to-4:30 pm Monday through Friday; and most of the students will attend other schools while
a few will attend this facility exclusively. A drawing attached to the application indicates a total of 4
classrooms with 1 testing room, one office, the director's office and restrooms in the 1,982 square foot interior
building space.
The Development Code requires 9 parking spaces fora 1,982 square foot office (Note: This office is part of
a large office complex with multiple parking spaces to be shared by all uses on the property). While the code
would require 15 parking spaces for a traditional school with approximately 30 full time equivalent
elem. /middle/high school students in each of the 4 classrooms (12 spaces for the 4 elem. /middle/high school
classrooms and 3 spaces for the three employees), the proposed undefined use should rather be treated as an
office. Nine (9) parking spaces should therefore be sufficient for the proposed use as there will be no
anticipated increase in demand for parking from the new use in the existing office space.
As stated above, the existing facility at 611 S. Myrtle Avenue was approved by the Planning and Zoning Board
on May 1, 1990 subject to the requisite occupational license being obtained within 6 months. The lease at that
location will expire in May 1992, therefore, the applicant wishes to be relocated at that time.
Traffic Engineering has no problem with the request as apparently there will be sufficient parking on this
property-and no additional demand in parking as indicated in the information given by the applicant.
However, Traffic Engineering would like the applicant to be alerted to the fact that a transportation impact
fee will be required for the change in use at this location (i.e. from office to classrooms).
RECOMMENDATION:
Based on staff review and analysis of the information contained in the application, the Planning and
Development staff recommends APPROVAL of the request as it appears to be supported by the Standards
for Approval of Land Development Code Section 137.011(d), subject to the following conditions:
1) All instructions shall be conducted inside the building.
2) The requisite transportation impact fees shall be paid prior to the issuance of an occupational
license for the tutoring and counseling facility.
3) The requisite occupational license shall be obtained within 6 months from the date of the
public hearing.
cu9224.seg
REVIBWED BY:
Jim
Scott
~Y t
ATTACFBNEIYfS
REPORT TO THE CITY OF CLEARWATER PLANNING AND ZONING BOARD
From the Planning and Development Department
C.U. #92-22
CITY OF CLEARWATER
MEETING DATE: *April 14, 1992
AGENDA ITEM: 4
CASE #: C.U.92-24
LEGAL/ADDRESS/LOCATION/SIZE: Section 13-29-15, M&B 11.13/51 Main Ave./Belcher Plaza
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Heretick (receiver)/Lincoln Learning
Labs, Inc. /Carson
CONDITIONAL USE(S) REQUESTED: Use not specifically identified: Tutoring of children as part of a
testing and counseling service
CODE CITATION (Chapter, Section, Paragraph): 135.187(f)
ZONING/LAND USE PLAN DESIGNATION: OL (Limited Office)/R.O.
SURROUNDING LAND USES: (Please refer to attached map for zoning/CUP designation of surrounding
properties)
NORTH: Vacant
SOUTH: Post Office/AAA
EAST: Apartments .~ ~] `.~ ~ w, ` ~
WEST: Apartments ~ ~ ~ G'
DISCUSSION:
The applicant is requesting approv~all of a` c ditional use fora "use not specifically identified in code." The
proposed use is a tutoring and couseling rvice for children who have learning difficulties. The facility will ,
be located in-S ~'u '~ 1,982 squa feet of the 4,500 square foot "P" Building of Belcher Plaza, located
G at 1 Main Avenue, zoned OL (Li 'ted Office). According to the applicant's representative, the fac 1't
.S ~ 1~ currently operates at 611 S. Myrtl~j^ hich was approved 3 years ago, b~' the Planning and Zoning Boards he
establishment will be relocated to the new location in Belcher Plazap there will be a maximum of 15 students
(grades 1 thru 9) with a maxiumum staff of 3 at the facility at one time; the hours of operation will be from
8:30 am to 4:30 pm Monday through Friday; and most of the students attend other sch ~ bile a few w~~
attend this facility exclusively. A drawing attached to the application indicates a total of 4ooms with
1 testing room, one office, the director's office and restrooms in the 1,982 square foot interior building space.
C ~
J ~ The Development Code requires 9 parking spaces fora 1,982 square foot office (Note: This office is part of
~~ a large office complex with multiple parking spaces to be shared by all uses on the property). While the code
would require up to 15 parking spaces for a traditional school with 4 elem. /middle/high school classrooms (12
W~ for the 4 elem.lmiddle/high school classrooms and 3 spaces for the ee employees), there would typically
be up to 30 tudents at one time in each of the 4 classrooms. ~~,~9~parking spaces would seem to be
sufficien r thi undefined use and therefore
~V.l ~ .i there should be no increase in demand for parking.
~w6 vl~ ~'ww~ m ,n - ~~ ,~
~~ ~~
As stated above, the existing facility at 611 S. Myrtle Avenue was approved by the Planning and Zoning Board
on May 1, 1990 subject to the requisite occupational license being obtained within 6 months. The lease at that
location will expire in May 1992, therefore, the applicant wishes to be relocated at that time.
Traffic Engineering has no problem with the request as apparently there will be sufficient parking on this
property and no additional demand in parking as indicated in the information given by the applicant.
However, Traffic Engineering would like the applicant to be alerted to the fact that a transportation impact
fee will be required for the change in use at this location (i.e. from office to classrooms).
RECOMMENDATION:
Based on staff review and analysis of the information contained in the application, the Planning and
Development staff recommends APPROVAL of the request as it appears to be supported by the Standards
for Approval of Land Development Code Section 137.011(d), subject to the following conditions:
1) All instructions shall be conducted inside the building.
SCO~; ~ ere s be no ore an 1 dents an 3 ployee he f ci ' at e e
~~ y th ou of am to 4: pm, nda thru 'day.
JU
c~~T 3) The requisite transportation impact fees shall be paid prior to the issuance of an occupational
/~~~ ~~ ~- 1- license for the tutoring and counseling facility.
/ EQS ~~ The requisite occupational license shall be obtained within 6 months from the date oft e
public hearing.
~- kph
~~~
~~~~ ~~~
~Ge ! l
cu9224.seg
NOTE: THIS TRANSMITTAL WAS INADVERTENTLY ATTACHED TO CU 92-23. PLEASE
REVIEW THE ATTACHED APPLICATION AND SUBMIT YOUR COMMENTS TO SANDY
` GLATTHORN, SENIOR PLANNER (TELEPHONE 462-6880) BY WEDNESDAY APRIL 1,
1992. C.U. #92-24
CITY OF CLEARWATER
CONDITIONAL USE TRANSMITTAL
TRANSMIT TO:
Cynthia Goudeau, City Clerk
Peter J. Yauch, P.E., Traffic Engineer
Vic Chodora, Building Official
Earl Dassault, Phil Charnock; Plans Review
Stephen Doherty, Development Analyst
Case Assignee
MEETING DATE: *April 14, 1992
AGENDA ITEM: 4
CASE #: ~- G.U:92-24
LEGAUADDRESS/LOCATION/SIZE: Section 13-29-15, M&B 11.13/51 Main Ave./Belcher Plaza
OWNER/APPLICANT (BUSINESS)/REPRESENTATIVE: Heretick (receiver)/Lincoln Learning Labs,
Inc. /Carson
CONDITIONAL USE(S) REQUESTED: Use not specifically identified: Tutoring of children as part of a
testing and counseling service
CODE CITATION (Chapter, Section, Paragraph): 135.187(f)
ZONING/LAND USE PLAN DESIGNATION: OL (Limited Office)/R.O.
SURROUNDING LAND USES: (Please refer to attached map for zoning/CUP designation of surrounding
properties)
NORTH: Vacant
SOUTH: Post Office/AAA
EAST: Apartments
WEST: Apartments
CITY OFFICIALS WISHING TO COMMENT MAY DO SO IN THE SPACE PROVIDED BELOW
(COMMENTS SHOULD BE RETURNED TO THE PLANNING MANAGER AT LEAST FIFTEEN DAYS
PRIOR TO THE SCHEDULED PUBLIC HEARING).
TRANSMITTED BY: Steve Doherty
DATE: March 27, 1992 *FOR PUBLIC HEARING BY THE PLANNING AND ZONING BOARD
wp\cut9224. sd
. ' .. Gnnr of cL.I:ARwATIrR
RPCC14 3 j~ GONDrT10NAL USE APPL1CA71pN ~~U~f 9 Z- Z ~!
PROPERTY (7wNER(S1 NAME & ADDftE$S: REPRESENTATIVE(S) (if alny) NAME & ADDRESS:
P roperty Currently in Receivers_h~'r.~ c-R~o v. LA~zSoN ('~r~/___ Sri-5~(1-51/6
' -5y Court ~ der dated May 15, 1991. (Ex. A) cNpru>=s Pkr4~ dZ Rs-E-~~ _
Kenneth W. Heretick as Receiver uwco~N EA2NIN~LABS~~N~•
_n ~ t . o . to O 6~ ro BG+h A~E.N•~T~ueu-gas I~A2K, F~ 3'~bbG
TEl..EPFiONE: (81~ _8231230 T~I,EPHONE:
ADDRESS OF SURlECT PROPERTY: 51 Ma ~ ,, a~.o c,,,,+-1, rt ~ rwa te~~-~1~ -
NAME OF I3UStNESS (EF gPPUCA[3LE): NA
ZONING DISTRICY: LAND USE CLASSIFIGATION:~,•~s~L(l.€6 LAND AREA: 1 9 5 ,~1 6~s . f
LEGAL DESCRIPTIONpFSUBJECr'PROPERTY: See Attached ExhiUit B
PAfiCEL NUMF3ER: 1 3~ I ~,~ I 1 5 ! nnnnn= ! 1 1 n ! t 311L1 tThis informotton
is available from your tax receipt or contact Pinellas Co. Property Appraisor's Office at 462-3207. if more than one
parco{ number, attach f3'/: x 1'1 Inch sheet! -
DESCRIBE SURRQUNDING USES OF PROPERTY:
North: empty lot _ East: a~ art-mPn - cnm~_1 ~x - -
South; Post Office & AAA Vvest: apartment complex
CONDfTIONAL USE REQUEST tDescribc, be spoclfic):
)se no syecificallY identified in code: tutorin of children as Hart of a testing
and couuscling service
INFORM/~TION 1N SUPPORT OF REQUEST: (Refer to Standards for Approvtil, next page}
In S years we have operated in Clearwater under this "use not r~i;ecifically
_~~ identifie in code" as a tutozinK and counseling ser.vicc, In 5 ver~rs we have never
lead a complaint filed against us for any reason. 4,'e sre~ the Duly service of j.ts
kind n t e carwatcz :area o serve ie nee s of children toho have learning difficulties
and have a 25 year history •lu the Tampa iiay area. we Prov c n vi ua lie ns ruc-~on
for children with diiiicu7.kies in 3.earning, motivation, and conccnkration. We gave.
ee
CONTINUED ON RL~VERSE SIDE
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STANDARDS FOR APPROVAL: A Conditional Use shall be approved by the Board only upon determination that the
application and evidence presented clearly indicate that:
(1) The use complies with the land use plan.
(2) The use complies with all other applicable provisions of this development code.
(3) The use complies with the applicable conditional use standards for the proposed use contained in
chapter 136, section 136.026.
(4) The use shall be consistent with the community welfare and not detract from the public's convenience
at the specific location.
(5) The use shall not unduly decrease the value of neighboring property.
i6) The use shall be compatible with the surrounding area and not impose an excessive burden or have
a substantial negative impact on surrounding or adjacent uses or on community facilities or services.
SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE): ~-'Y V~+~-- L~dav~
Before me, the undersigned authority, personally appeared ~R~c ~rcT~rz LA25UrJ deposes and states
the matters and facts set out above are true and correct to the best of his/her knowledge and belief.
~.~.~ ~~ ~~- a.l~ ~ 1-alb
/~-i ~~ /~
Sworn to and subscribed before me this ~ day of ~~~(~~-~+~ ,n.D., 19~~--
/~ -~ /i
Notary Public
NOTARY PUBLIC: STATE OF' FLORIDA
MY C0~IISSION EXP. -y0W.29,1993
BONDED THRU GENERAL INS. UNO.
NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING.
Rem. ~2isi
(j~~c~I~OF CLEARW TER
(nterdepartment Correspondence Sheet
To: City Manager Anthony L. Shoemaker
-~
FROM: David P. Healey, Planning Director ,
coplES: Roy J. Ayres , Building Director
Lucille Williams, City Clerk
SUBJECT:
Proposed site plan revisions for Sun First National Bank of Dunedin
DATE:
September 20, 1979
The preliminary site plan. for Sun First National Bank of Dunedin was
approved by the City Commission on April 5, 1979 subject to providing
a five foot wide landscape strip between the parking lot and McMullen-
Booth Road. The plan was certified by the City Clerk on April 25, 1979.
Attached is a revised site plan which accurately reflects the provision
of the landscape strip and accordingly shifts all improvements upon the
property five feet to the west. In addition, the site plan proposes four
revisions to that which was originally approved by the Commission:
1. The driveway crossing the north property line has been
slightly angled in order to preserve a twelve inch oak tree.
2. A wider turning radius has been provided to the exit drive
from the drive-thru teller area enabling easier egress.
3. Six employee parking spaces have been provided west of the
drive=thru teller area.
4. The configuration of the parking lot .east of the bank has
been slightly altered in order to preserve existing trees.
I recommend that we treat the proposed revisions as a minor plan change.
If you concur, please .acknowledge by returning a copy of this memo with
your signature to the Planning Department so' that we, in .turn, can have
the City Clerk certify the revised plan.
DPH/JDR/ms 1 '.r
Attachment
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FROM : u~_ C~...22~-.~,... C~ C:P~,-p'L
COPIES: a _
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DATE: ~~ ~ ~~~ 1
CITY OF CLEARWATER
Inferdeporfinent Correspondence Sheet
Prepored Form
ROUTE T0: Initial b
Forward
1.-------------------------------..( )
3.--------------- ------------.----( )
( )SEE ME - ( ) INVESTIGATE AND REPORT
( ) DRAFT REPLY FOR MY SIGNATURE ( )HANDLE TO COMPLETION
( ) PREPARE JOINT REPORT ( )CLEAR WITH ALL AGENCIES CONCERNED
( ) FOR LEGAL PREPARATION ( ) EXPECT REPLY ________________.________.._
( ) FOR CLEARANCE ( ) MAY I COMMENT ON THIS?
( ) NEED APPROVAL OF _______________________ ( ) FOR YOUR INFORMATION
( ) ESTIMATE COST ( ) FOR YOUR FILES
( ) FOR NECESSARY ACTION ( ) FOR YOUR SIGNATURE
( ) FOR IMMEDIATE ACTION ( )RETURN
1 ) DRAFT LETTER FOR AGENDA ( ) JOB ACCOMPLISHED
(_ )REPLY DIRECTLY TO CORRESPONDENT; SEND COPY TO THIS OFFICE
l )CONTACT CORRESPONDENT; REPORT ACTION TAKEN TO THIS OFFICE
( 1 SUBMIT YOUR RECOMMENDATIONS OR COMMENTS IN WRITING
( 1 PREPARE ROUGH SKETCH
REMARKS:
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lSignoturel
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
Prepared Form
ROUTE TO: Initial b
Forward
i.---------------- - - - --------( )
3.------ -- ----------------( )
( )SEE ME ( ) INVESTIGATE AND REPORT
( )DRAFT REPLY FOR MY SIGNATURE ( )HANDLE TO COMPLETION
( )PREPARE JOINT REPORT ( )CLEAR WITH ALL AGENCIES CONCERNED
( )FOR LEGAL PREPARATION ( )EXPECT REPLY ________________ -________- _ _
( )FOR CLEARANCE ( ) MAY I COMMENT ON THIS?
( )NEED APPROVAL OF ______..___._____________ ( ) FOR YOUR INFORMATION
( )ESTIMATE COST ( )FOR YOUR FILES
( )FOR NECESSARY ACTION ( )FOR YOUR SIGNATURE
( )FOR IMMEDIATE ACTION ( )RETURN
i )DRAFT LETTER FOR AGENDA ( )JOB ACCOMPLISHED
( )REPLY DIRECTLY TO CORRESPONDENT; SEND COPY TO THIS OFFICE
l )CONTACT CORRESPONDENT; REPORT ACTION TAKEN TO THIS OFFICE
1 )SUBMIT YOUR-RECOMMENDATIONS OR COMMENTS IN WRITING
1 ) PREPARE ROUGH SKETCH
REMARKS:
d~.~_
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(Position Title)
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
T0: Cyndie Goudeau, City Clerk
FROM: John D. Richter, Development Code Administrator L
~~
COPIES: See Below ~ ~ (~~
SUBJECT: Certification of Final Site Plan for Sun Bank of Tampa
Bay, Northwood Addition.
DATE: September 30, 1986
The Development Review Committee at its meeting of September 25,
1986, approved the above described final site plan subject to the
following condition:
The requisite initial building permit shall be procured
within six months from the date of certification and all
requisite certificates of occupancy shall be procured within
two years from the date of issuance of the building permit.
Please certify the attached plans subject to the condition
listed above and distribute.
JDR/SEG/df
List
Andy Onufer, Building (1)
- Bill Baker, Public Works (1)
Ream Wilson, Parks and Recreation (1)
Cecil Henderson, Utilities (2)
Keith Crawford, Traffic Eng. (1)
Nicholas W. Lewis, Fire Marshal (1)
Paula Harvey, Planning (1)
John Richter, Development Code Administrator (1)
.Cyndie Goudeau, City Clerk (1)
Developer/Project Sponsor (3) - Robert Reid Wedding Architects
and Planners, AIA, Inc.
4112 Cypress Street
Tampa, FL 33609
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EXHIBIT A
IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
CIVIL. ACTION .
THE FIDELITY MUTUAL INSURANCE .
COMPANY, a/k/a Fidelity Mutual
Life Insurance Company, a •
Pennsylvania corporation .
Plaintiff,
~r
. 4. CF.; "... . t...'.. ..
vs. '" CASE NO.: 91-007845-011
CLEARWATER REALTY ASSOCIATES, LTD.,
a Florida corporation by and through
its general partner(s) WILBUR~AND
CO., INC., a Delaware corporation,
and_ .
HFC COMMERCIAL REALTY, INC., a .
Delaware corporation,
and
AMERITRUST COMPANY NATIONAL
ASSOCIATION, a national banking
association,
and '
METROPLEX COMMUNICATIONS OF TAMPA
BAY, INC., a Florida.corporation,
n/k/a METROPLEX COMMUNICATIONS, INC.,
a Florida corporation,
and
METROPOLITAN ACQUISITION PARTNERS II,
L.P., a Delaware limited partnership
... and ~ ~ .....
ALEXANDER G. SPANOS AND FAY SPANOS,
his wife,
and
DEAN A. SPANOS, .
Defendants .
ORDER APPOINTING RECEIVER
THIS CAUSE having come before the Court on the Motion for
Appointment of Receiver filed and served by The Fidelity Mutual
Life Insurance Company ("Plaintiff"), the Court having heard
argument of counsel and being otherwise fully advised in the
-1-
:mises ,:. it is ~ ..:.. .
ORDERED AND p,DJUDGED:
rea-I. and Personal
Receiver of the
1; That
is appointed this action which
and he hereby matter °f
• tituting the subject etcher plaza 1z
Loperty cons sh°PPing center known as~B•., da (the
arilY °f a Flori
onsists Pry ~... located in Pinellas CountY~ .
ing er ceiver until further Order of
Cent
,hoPP ertY")' to serve as such Re
prop f ile
this Court• thin thirty days of this Order
The Receiver shall wi Fla.R.Civ.P•
2, with Rule 1,620(b),
accordance a surety bond in the
a sworn inventory in to obtain
The Receiver is directed
3. e rovided by corporate .surety in
to b P
unt of $-5~~~'D O °rmance by him of the duties and
~° tieing perf to provide
al form, guaran ice of the bond
the usu receivership. their
of his off arties as
'obligations other P
the Plaintiff, Defendants and acts of all
e to loss ~ due to
-_caverag appear for .,-
may and to .be sub-
reSpectiVe interest of the Receiver,
employees within ten ..days
and
agents, servants, for approval
d to the Clerk of this Court
mute .
om the date'•oi this Order• to take P°SSession and
fr s hereby authorized income.
The Receiver i issues,
4• the rents,
rOperty and to collect osses-
the P The Receiver shall take P
operate therefrom• securi-
and profits monies,
revenues files, Papers, records,
the assets, and the bank
Sion of all ° f account
all books to carry
ties. causes of action the Receiver
wherever situated necessary for
accounts
-2-
r
erty and f ix-
d all other Personal prop .
es herein, an is which are the subject
~ his duti a regimen the
the security g of
en~bered by gating tO the operation
res herein, re shall .
clams this Court and
- plaintiff s urisdiction °f - until
that is within the ~ docents , -1
roperty ~ ro erty, records ana
such P p
of all
etain cus~Ody ~_
er of this Court.. ~ ~ authorized and
:urther Ord fiver is hereby specifically
The Rece
5•
,ed to do the following reserve and
empower air, refurbish, P
To manage operate, rep to hiring of
a• but not limited
the Property including and Payment of
maintain arty leasing company
third p
a leasing agent or
fission thereto; any, and make
a reasonable comet rovements~ if
To complete tenant imp
b• ecessary:
rovements as are n of personal and
such other imp t for inventory .
Control and accoun
.,c . .
roperty% cash receipts;
... ._ -~ real P account for all
d• Control and
ollect all accounts receivable:
eces-
e• C lies and contract for n
ecessary supp
f, Purchase n property; and
ces to preserve and protect the at the
re tenants for vacant space
sari, 5ervi
g • Seek and procu
ertY• he Property shall be first
Prof from t ertY~
The income received of. the prop
6' o erating expenses if
reasonable P the surp7-us ,
applied to the ant finish, if any ~ with of
this
ten further order
then to necessary ending .
being held by the Receiver P
any . . .
~;.. . .
;. . .
-3-
Court. In the event the income from the Property is insufficient
to pay the expenses, then in such event, the Plaintiff shall not
be obligated to pay any expense deficits; provided, however,
that in the event the Plaintiff does pay expense deficits, the
same shall constitute a lien on the Property in dignity to the
lien of the Plaintiff's mortgage and shall bear interest in
accordance with the terms of -the promissory note secured by the
Plaintiff's mortgage.
7. The Receiver is hereby authorized to acquire and to keep
in effect workmen's compensation, fire extended coverage, prop-
erty damage and liability insurance with respect to the real and
personal property in appropriate amounts and to keep the premises
in reasonable. repair.
8. The Receiver is directed to prepare on or before the
a (J day of ~~~!-~c.~. 1.991, for the preceding calendar
month, and on-the ~ (, ~ day of each month thereafter, so long
as the receivership property shall remain in his possession or
care, a full and complete report, under oath, setting forth all
receipts and disbursements and recording all changes in the
assets in his charge, or claims against the assets that have
occurred during the period covered by the report. The Receiver
is directed to file all reports with the Clerk of this Court
under cover and marked "Confidential" and no such report is to be
opened for inspection by the Clerk of the Court without an Order
of the Court directing that it be opened. Any party desiring to
have any report opened for inspection may petition the Court for
-~-
same, be heard thereon, and be permitted to inspect such a report
,.:for.good.cause shown. The Receiver is directed to serve a copy :. .
of each report on the attorneys of record for the parties
herein.
9. The Receiver shall maintain a bank account in his own
name. in which he shall deposit all rentals and other income
received by him and by which he -shall pay the expenses of
repairs, taxes, utilities and all other operating costs and
expenses incurred in and about the management and operation of
the premises. -The Receiver may engage a certified public
accountant to handle the account and pay the certified public
accountant a reasonable fee including a fee for computer account-
ing as an operating cost. '
10. Any amount remaining beyond the funds necessary for the
operation of the property and payment of the Receiver's fee
(payment of Receiver's•fee, however, is subject to prior approval '
of 'this Court), and expenses shall .be held by the Receiver pend= -~
ing further Order of this Court.
Z1. The Defendants, their agents, servants, employees, rep-
resentatives and attorneys are hereby enjoined from collecting or
attempting to collect the rents and profits of said premises and
from interfering in any way with the management of the receiver-
ship property by the Receiver until further Order of this Court.
The Sheriff of Broward County, his deputies, employees, agents
and servants are restrained and enjoined until further Order of
this Court from levying upon, moving or removing in any manner
-5-
an urpose any personal property, fixture or thing what-
~ for Y P
mover from .said premises. All persons, whether natural, corpo-
-- ud ent
to or otherwise, claiming and/or seeking to enforce a ~ gm
on any of the property
d/or execution of lien into or uP
ht or claim
~ferred to in paragraph 1 above may assert such rig
otion to intervene or loin in this action~as a party
sway of am
ur ose only of permitting an
_aintiff or Defendant for the p P .
~ination of this Court in the validity and priority
=derly determ
interest or claim, to or u on said property as
P
L such lien,
1visioned and provided by applicable Florida Statutes.
12. The Receiver may employ independent. legal counsel or
e al advice and services to the receivership for such purpose as
g
,a be necessary during the period of receivership. The Receiver
y cost.
_s empowered to pay such counsel as an~operating
13. All persons and corporations including the Defendants
ersonal property
iow or hereafter in possession of the, real or p
the subject matter of this. action or any part
,onstituting _ _.
ereof or any other items entrusted to the Receiver shall forth-
th
with surrender such possession to the Receiver. .
DONE AND Og,DERED in Chambers at St. Petersburg, Pinellas
da of 1991.
County, Florida, this - y
ORIGINAL SIGNED
CIRCUIT COURT JUDGE 1991
. M A`l 1 5
Gerard J. O'Brien
Copies Furnished To: Circuit Judge
Beni arnin Felder EAssociates , Ltd .
Clearwater Realty Inc.
HFC Commercial Realty,
-6- '
J
.y
i•
EXHIBIT B
;-~ 1
i
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.....~-~.~r~T V. ~ " .. '. .
,DESC12YP2 ON: ~ --
" ~~; .--Parma of e NE, ~; pf ~ Section X~ Township 29 South, Ran Q J.S East
described as~.fol.lows: Coc~nenca at the NE corner' of. the NE ~ of Section
13, Township 29 South, Range 15 'East and go S..00 ~08 -02 ~ E. , 975.:67
zees, along the east boundary of the aforementioned NE '~;~• thence ' ' ~
*~ 89 ° ~25 w27" W. , ' 246.00 'feet, to a point , on the south right-=o-way
~1ir.v of~ Cleveland Street; for ,a 1',O.B, ;. thonca N, 89 °~2S • ~27" W. , 473 , 99 •
;:cct, along the south right-ot--way ~ line of Cleveland Street, to a point
of intersection Faith the'.east xight~of~way l,x.ne of •Mai.n Avetzue; ~~thonce
. iollowa.ng the east; ri~htMof~-way line of M~`tin Avenue, S.. 00°-23' ~58" E, ,
,.,
r, , L} ~ f cat; thonca ~al.ong a curve to the left: that hAS a 'xadl.us of 47 S . 63
~cet, an Arc long~th 4f 223.88 feet, a Chord length of: 221.82 feet, a
Chord Bearing of S. l3°~-53' X03" E. ; thenco~ along a ~curva 1'o tlla Light .
that has a radius of S~S.63 feQt, nn Arc length of 252.x2 feet, a Clwrd
lc~l: t,r. of 2<<g , 80 feat, a Chord bearing of S. l3 °~S3 `~03" E. ; thence
S . OQ °--23' ~58" E. ; 100.538 fe24; 28en~. , leaving • tho east right-ot~-ta~y
line of Main ,Aver~.t,e, S. 9°~- ' ~ " ~ , 21.2.40 fact; tlzencc
;;, 00°•-08'~-02" tir., 1.00.00 feet; thence S. 89°~22`~44" E., 84.00 feet;;
t:;c~zca N. 00°-08'•02" j~T. , . 288.85 feet;' irhance S. 89 °-•25' ~27" E. , G5.00
feet; thonca N. 00°--08'-02" ~,~•, 1.73.00 -feel, to a point ob thQ south
.. right-of~way line of •Clevel.and Strc3.e.t,- and the P.O.I3. - ..
Containing 195,•1S9o71 squa=q'feetj more"or lass. ,
r...~..~..~f..f-~-rF~T....---•--..-r..~-...~.....-..~-~.~..~^-.rte.+:.^v ... ~ .. .. ~. i
ll•' ;
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t~
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1;XHIB1'1' L
S ~:. t.ion 13, Twrp . 29 ~ Rge . 15 E . ,u ~ ~'vE'Q a.{- r~•s ,v.E: eta o'` f--~ ~
%; ~ CGE1/EG~.VD ,STFTEET
_~ ~g
~~ W
v . ,~xrr.~/ R/w tivE' '
'' S ,r ti 69' 25'2.7"x! •G7.a 9fl° ,V.6~'zsz~itt-24G.oo' .~0
. N .
CN . ,~ ~ ,
~` ;` V l~ •
\ 'Z7 "E. '. lV
v ~ , ' X05.00'
m~ •~ R~
co~Q... .' .~'.'••• ~ .. •w .:
Li,C/E '. h b .. 0 . .
' ~ ~• ~. ' I
• ,sea- ~a'ze E; 2iz -~o.' ~ • .
„DESCRYPT ON: ~ ' • ~~
ilzat pare. of t'he NE ~; of Section 13L ToS,rnship 29 5ou~h,~ Ran Q 15 EASt,
described as ~. follows : CoinnencQ at the NE coxnar• af. the NE ~ of Section
13, Township 29 South, Range 15~Esst and go S. 00°-08'-02" E, 975..•67 _
zeet, °al.ong the east,. boundary of the aforementioned NE '~; •`thhence '
.~. 89 25 -27 W,, 246,00 •fect, to a point on the south right~o~-.--way
lir.n of Cleveland Street; for ,a P.O.B,;.thonce N. 89°~2S'~27" W., 473,99
~cet, along the south right-of-way ~ sine of Cleveland Street, to a point
of intersection with the'.east right-•of-way line of Main Avenue; 'thence
• following the east ri~ht~of-way line of M<~in Avenue, S, 00°-23'-58" E.,
~t . ~} ~ feet; thence along a curve to tho left tnat hA~e a 'radius of 475.63
ee t, an Arc longth of 223.88 feet;, a Chord length of :221.82 feet a
Chord Bearing of S, l3°-53' ~03" E, ; t;henco along 4 curvn L'o Ilia ii~;ht
that has a radius of 535.63 feat, an Axc length of 252.7,2 feet, a Clwrd
1er~Str~ of 2~;9 , 80 feot, a Cizord bearing of S. 13 °-S3' -03" E. ; thence
S . OQ°-23' -58" E. ; 100.53 L-eet; thence, leaving • the east right-of--try
?ino of main .Avenue, 5. 89°-24'-28" E,, 212.,40 fact. thence
N• 00°-08'-02" tir., 1.00..00 feet; thence S, 89°-22'-44" E,, 84.00 fceL-;
t:~c:zcn N. 00°--OS'~-02" ~a, , 288.8.5 feet;• L-hnnce S, 89 °-25' -27" E, , 65.00
i ~e t; thonca N. 00 °--08' -02" W. , 1.73 , 00 -feet to a point on thQ soui~h
r:~ght-of~way line of •Cleveland SLrQet and tho P.0.13.
Containing 1951.15 J. ;1 squarQ •feet j more ' or less . •
' ..: , ~ • ' T.T..OV.~R11S, $AUR AT;U'.'STLVi:1.~S
• ~ ENGINEERS-SURVEYORS
' ~ CRANAOA PLAZA -SUITE 105
3260 U.S„ N1NY. 19 NORTH CLEARWATER, FLORIDA 33615 ,
• •, ~ ~ PNONE:704-~G5
. nrvtiloHi on~vrN nv .IO.U.VS~J,t,{ r,o. >+o,
CNCCKCD tt ~ 7653
,.•-.i ice.
• o~TCt ~17~fY 9,%97.9 ~ i
' ~ tCALCt Imo' /00'
__.
,~ _ ,; _._
~. ~
Certified as a true and correct copy. Approved by the Develt~gment R~evi~w
Committee: September 25, 1986. Witness my hand and the ~eal~of the ~~.~y ~~.
of Clearwater, F1. this second day of October, 1986.. '' ~ ~°'"e - ~ ~
n.
a
~e~ rK
t "y M ,.
i`G ~
4
/~b,„~
rt (/ 9"
Deputy''C~i~Y .... irk'
CONDITIONS:
The requisite initial building permit shall be procured
within six months from the date of certification and all
requisite cermittiieada.te°of°issuance ofathebbuildingepermitin
two years fro