SIDEWALK AND TURN-LANE EASEMENT AGREEMENTThis instrument prepared by, or under the
supervision of (and after recording, return to):
Nancy Lash, Esq.
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
(Reserved for Clerk of Court)
SIDEWALK AND TURN -LANE EASEMENT AGREEMENT
THIS SIDEWALK AND TURN -LANE EASEMENT AGREEMENT ( "Agreement ") is
made and entered into as of the day of , 2011, by and between the CITY OF
CLEARWATER, a municipal corporation of the State of Florida ( "City "), and L.O.M., INC., a
Florida corporation ( "LOM ").
RECITALS:
A. The City and LOM have entered into that certain Agreement For Development of
Property (Surf Style Condominium Project) dated February 18, 2010 and recorded on February
22, 2010 in Official Records Book 16836, Page 1817 of the Public Records of Pinellas County,
Florida, as amended by First Amendment to Agreement for Development of Property dated
October 25, 2010 and recorded on October 28, 2010 in Official Records Book 17072, Page 504
of the Public Records of Pinellas County, Florida, and as further amended by Second
Amendment to Agreement for Development of Property dated March 23, 2011 and recorded on
April 1, 2011 in Official Records Book 17210, Page 1432 of the Public Records of Pinellas
County, Florida (together with any further amendments, modifications, extensions, restatements
and supplements from time to time, the "Development Agreement "). The Development
Agreement sets forth the terms and conditions governing the development and construction of a
mixed use retail /commercial project and a commercial parking garage on certain real property
located on South Gulfview Boulevard in the City of Clearwater, Florida, more particularly
described in Exhibit A attached hereto (the "LOM Property ").
B. The City owns or controls that certain parcel of land lying adjacent to and east of
the LOM Property, which is a portion of the sixty foot (60') right -of -way known as "Coronado
Drive ".
C. Pursuant to Section 2.03(6) of the Development Agreement, LOM agreed to grant
an easement in favor of the City for a sidewalk and turn-lane encumbering an [eleven (11)] foot
wide strip of land on the east side of the LOM Property along Coronado Drive, as is more
particularly described in Exhibit B attached hereto ( "Easement Area ").
MIA 181,008,544v4 6 -30 -11
D. LOM hereby desires to grant and create, on the terms and conditions hereinafter
set forth, certain easements over, under and upon that portion of the Easement Area in favor of
the City.
NOW, THEREFORE, in consideration of the premises, agreements and covenants set
forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and LOM hereby agree that the foregoing recitals are
true and correct and further agree as follows:
1. Grant of Easements to the City. Subject to the conditions herein, LOM hereby
grants to the City for the use of the City, its agents, employees, contractors, representatives and
licensees and the members of the general public a perpetual non - exclusive easement over,
through, upon, across and under the Easement Area for the following purposes: (i) pedestrian and
vehicular ingress and egress and (ii) maintenance, repair, and restoration of the Easement Area,
including, without limitation, the sidewalk and turning lane located therein. The easements
granted herein include the right to keep and maintain the sidewalk and turning lane within the
Easement Area (and repair, restore and replace same in the event of damage or destruction of any
kind or nature) in perpetuity.
2. Maintenance of Easement Area. The City shall, at its sole cost and expense, (a)
except as otherwise provided herein, maintain and repair the Easement Area in accordance with
all of the City of Clearwater standards for maintenance of sidewalks and turning lanes or, more
broadly, for areas providing vehicular and pedestrian ingress and egress to the general public, if
applicable, and (b) repair any damage to the landscaping, surfaces, structures or utilities within
the Easement Area caused by the use of the Easement Area by the City and the general public.
Notwithstanding the foregoing, LOM shall reimburse the City for all costs and expenses incurred
in the maintenance, repair and restoration of the Easement Area necessitated by or required as a
result of the negligence or willful misconduct of LOM, its employees, contractors, operators,
agents or representatives.
3. No Obstruction of Traffic. Except during temporary periods when it is reasonably .
necessary to repair or replace facilities or improvements within the Easement Area or to make
installations within the Easement Area (including, without limitation, utility lines), LOM and the
City shall permit no material obstruction to the free flow of vehicular or pedestrian traffic in and
through the Easement Area. All construction, maintenance or repair work within the Easement
Area shall be accomplished in such a manner as to minimize any disruption to the free flow of
ingress and egress over and across the Easement Area.
4. Reservation. LOM hereby reserves all rights of ownership in and to the Easement
Area which are not inconsistent with the easement and rights granted herein, including, without
limitation, the right to grant further easements on, over and/or across such area (e.g. utility
easements) and all other uses not interfering with the uses permitted herein.
5. Liens. The City shall keep the Easement Area (and all portions thereof) at all
times free of mechanics' liens, and any other liens, for labor, services, supplies, equipment or
materials purchased or procured, directly or indirectly, by or for the City. The City agrees that it
will promptly pay and satisfy all such liens of contractors, subcontractors, mechanics, laborers,
materialmen and others of like character. In the event any such liens shall be made or filed, the
MIA 181,008,544v4 6 -30-11
City shall bond against or discharge same within thirty (30) days after receiving written notice of
the filing of same. The City shall not have any authority to create any liens for labor or material
on the Easement Area and all persons contracting with the City for the performance of any
services, supply of any materials or provision of any labor for any work done in, on or around the
Easement Area, and all materialmen, contractors, suppliers, mechanics and laborers are hereby
charged with notice that they must look solely to the City to secure payment of any bill for work
done or material furnished at the request or instruction of the City.
6. Defaults. In the event that any party defaults under the terms, provisions or
obligations of this Agreement and such default is not cured within thirty (30) days after receipt of
the written notice specifying in reasonable detail the event of default ( "Default Notice "), or if
such event of default is of such nature that it cannot be completely cured within such time period,
then if the defaulting party shall not have commenced to cure such default within such thirty (30)
day period and shall not diligently prosecute such cure to completion within such reasonable
longer period of time as may be necessary, then the nondefaulting party shall have all rights and
remedies available at law or in equity for the redress of such default, including, in the case of
LOM, the right of self -help under the circumstance set forth in paragraph 7 below.
7. Self -Help. If the City fails to maintain the Easement Area in the condition
described in paragraph 2 above, then LOM may give a Default Notice to the City, and the City
shall have the applicable cure period (described in paragraph 6 above) following receipt of such
notice to restore the Easement Area to the required condition. If the City fails to restore the
Easement Area within said cure period, then, in addition to the other remedies provided herein,
LOM may restore same to the required condition and thereafter the City shall reimburse LOM
for the reasonable costs of such restoration (excluding any restoration the cost of which the City
is required to reimburse under paragraph 2) within fifteen (15) days following LOM's receipt of
an invoice therefor. Any sums not reimbursed when required herein shall bear interest at the
maximum rate allowed by law from the date due until paid.
8. Covenant Running with the Land. The easements hereby granted and the
requirements herein contained are intended as, and shall be, covenants running with the land.
9. Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of the City and all of the fee owners of the LOM
Property, and the holders of any mortgages of record encumbering same. Furthermore, no
modification or amendment shall be effective unless in writing and recorded in the Public
Records of Pinellas County, Florida.
10. Miscellaneous.
a. Counterparts. This Agreement may be executed in any number of
counterparts and by the separate parties hereto in separate counterparts, each of which shall be
deemed an original, but all of which (when taken together) shall constitute one and the same
instrument.
b. Construction. Reference to any paragraph, section, exhibit, or subpart
thereof, unless otherwise provided, shall refer to this Agreement. In construing this Agreement,
the singular shall be held to include the plural, the plural shall be held to include the singular, and
MIA 181, 008, 544v4 6 -30 -11
reference to any particular gender shall be held to include every other and all genders. Use of the
term "including" shall mean "including, without limitation ". Each of the parties hereto and their
counsel have reviewed and revised, or requested revisions to, this Agreement, and the usual rule
of construction that any ambiguities are to be resolved against the drafting party shall be
inapplicable in the construction and interpretation of this Agreement and any amendments or
exhibits to this Agreement.
c. Titles of Paragraphs and Sections. The titles of the several parts,
paragraphs and sections of this Agreement are inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of its provisions.
d. Notices. Any notice or communication under this Agreement shall be in
writing and shall be deemed sufficiently given if hand delivered or dispatched by United States
certified mail, postage prepaid, return receipt requested, or by nationally recognized overnight
delivery service, to the appropriate party or entity, and their respective authorized representatives
as set forth below, at the - address specified below or at such other address of which the other
parties shall be duly notified in writing:
NOTICE TO THE CITY:
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
WITH COPY TO:
Pamela K. Akin, Esq.
Clearwater City Attorney
112 S. Osceola Avenue
Clearwater, FL 33756
NOTICE TO LOM:
L.O.M., Inc.
c/o Surf Style, Inc.
4100 N. 28th Terrace
Hollywood, Florida 33020
Attn: Controller
WITH COPY TO:
Greenberg Traurig, P.A.
1221 Brickell Avenue, 23rd Floor
Miami, Florida 33131
Attn: Nancy B. Lash, Esq.
All notices shall be deemed received when actually delivered if delivered by hand or by a
nationally recognized overnight delivery service and shall be deemed delivered five (5) days
following mailing in the event mailed as provided above.
e. Severability. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement or the application of such term or provision to the persons or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Agreement shall be valid and be enforced
to the fullest extent permitted by law.
f. Governing Laws. The laws of the State of Florida shall govern the
interpretation, validity, performance and enforcement of this Agreement. Venue for any action
brought hereunder shall be proper exclusively in Pinellas County, Florida.
g. Expenses. In the event any arbitration, litigation or controversy arises out
of or in connection with this Agreement between the parties hereto, the prevailing party in such
MIA 181,008,544v4 6 -30 -11
arbitration, litigation or controversy shall be entitled to recover from the other party or parties all
reasonable attorneys' and paralegals' fees, expenses and suit costs, including those associated
with any appellate or post judgment collection proceedings.
h. Exhibits. All of the Exhibits attached to this Agreement are incorporated
in, and made a part of, this Agreement.
i. Waiver of Jury Trial. The parties hereby each knowingly, irrevocably,
voluntarily and intentionally waive any right such party may have to a trial by jury in respect of
any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in
connection with this Agreement or any amendment or modification of this Agreement, or any
other agreement executed by and between the parties in connection with this Agreement, or any
course of conduct, course of dealing, statements (whether verbal or written) or actions of any
party hereto. This waiver of jury trial provision is a material inducement to the parties to enter
into this Agreement.
[The remainder of this page is intentionally left blank.]
MIA 181,008,544v4 6 -30-11
EXECUTED as of the date and year first above written.
SIGNED, SEALED AND DELIVERED THE CITY OF CLEARWATER,
IN THE PRESENCE OF:
cetc_rix,
Name: 1/ A WZ /4t. ? NN/
Name: a,e\C)r-t... {--kcx r; r s y tr-
Attest: \J
By: ,tad t -ht12 . cc. @v�
Rosemarie Call, City Clerk
roved as to form:
k- �fL
Pamela K. Akin
City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
FLORIDA, a Florida municipal corporation
By:
Frank V. Hibbard, Mayor
The foregoing instrument was acknowledged before me this day of
2011 by Frank V. Hibbard and Rosemarie Call, Mayor and City Clerk, respectivel , or the City
of Clearwater, Florida, on behalf of the City.
By: t
Signature of Notary Public
Printed, typed or stamp
•
Ns KAREN B. VAUGHAN
t*:, MY COMMISSION* DD 818710
EXPIRES: December 20, 2013
Af „41% Bonded Thru Notary Public Underwriters
6
My Commission Expires: III/ 3
SIGNED, SEALED AND DELIVERED L.O.M., INC., a Florida corporation
IN THE PRESENCE OF:
Name:
Name:
STATE OF FLORIDA
COUNTY OF
By:
Avraham Ovaknin, President
The foregoing instrument was acknowledged before me this day of , 2011 by
Avraham Ovaknin, as President of L.O.M., INC, a Florida corporation, on behalf of the
corporation.
By:
Signature of Notary Public
Printed, typed or stamp
MIA 181, 008, 544v4 6 -30 -11
My Commission Expires:
EXHIBIT A
LOM PROPERTY
PARCEL 1: Lot 110, LLOYD - WHITE- SKINNER SUBDIVISION, according to the plat
thereof as recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County,
Florida.
PARCEL 2: Lots 60, 61 and 62, and the Southerly one -half of Lot 107 and all of the Lots 108
and 109, LLOYD- WHITE - SKINNER SUBDIVISION, according to the plat thereof as recorded
in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS:
The Easterly 1/2 of Gulfview Boulevard lying West of and adjacent to the Westerly boundaries
of Lots 60, 61 and 62, THE LLOYD - WHITE - SKINNER SUBDIVISION, as recorded in plat
book 13 on pages 12 and 13 of the Public Records of Pinellas County, Florida, more particularly
described as follows:
Begin at the Northwest comer of said Lot 60; thence 180.12 feet along the Westerly boundary of
said Lots 60, 61 and 62, and along the are of a curve to the right with a radius of 6017.52 feet,
subtended by a chord distance of 180.11 feet, bearing 808 °35'03 "W to the Southwest corner of
said Lot 62; thence N80 °34'24 "W along the Westerly extension of the Southerly boundary of
said Lot 62, a distance of 35.00 feet to a point of intersection with the centerline of said Gulfview
Boulevard, a 70 foot wide right of way; thence 179.08 feet along said centerline and along the
arc of a curve to the left with a radius of 5982.52 feet, subtended by a chord distance of 179.08
feet, bearing N08 °35'03 "E to a point of intersection with the Westerly extension of the Northerly
boundary of said Lot 60; thence S82 °15'44 "E a distance of 35.00 feet to the Point of Beginning.
MIA 181,008,544v4 6 -30-11
JOINDER OF MORTGAGEE
THIS JOINDER OF MORTGAGEE is given as of the day of ,
2011, on behalf of Branch Banking and Trust Company ( "Mortgagee"), being the owner and
holder of that certain Mortgage, Assignment of Leases and Rents and Security Agreement dated
October 29, 2010, made by L.O.M., Inc., a Florida corporation ( "Mortgagor ") in favor of
Mortgagee, which mortgage has been recorded in Official Records Book 17077, Page 957 of the
Public Records of Pinellas County, Florida (as amended from time to time, the "Mortgage "), and
encumbers, among other things, the property described in Exhibit A to the foregoing Sidewalk
and Turn-Lane Easement Agreement (the "Easement ").
WHEREAS, Mortgagor has requested Mortgagee to consent to and join in the Easement
and to subordinate the lien and effect of the Mortgage to the Easement.
NOW, THEREFORE, Mortgagee joins in the execution and consents to the recordation
of the Easement and agrees that the lien and effect of the Mortgage shall be subject and
subordinate to the terms of the Easement. Mortgagee makes no warranty or any representation
of any kind or nature concerning the Easement, any of its terms or provisions, or the legal
sufficiency thereof, and disavows any such warranty or representation. Except as expressly
provided herein, nothing contained herein shall affect or impair the rights and remedies of
Mortgagee as set forth in the Mortgage.
EXECUTED as of the day and year first above written.
Witnessed by: BRANCH BANKING AND TRUST COMPANY
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
)
)
)
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of , 2011 by
, as of BRANCH BANKING
AND TRUST COMPANY, on behalf of the bank.
By:
Signature of Notary Public
Printed, typed or stamp
MIA 181,008,544v4 6 -30 -11
My Commission Expires:
I#: 2012023679 BK: 17470 PG: 2391, 01/26/2012 at 11 :27 AM, RECORDING 10 PAGES
$86.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKPRI2
This instrument prepared by,or under the
supervision of(and after recording,return to):
Nancy Lash,Esq.
Greenberg Traurig,P.A. -
1221 Brickell Avenue
Miami,Florida 33131
i
Reserved for Clcrk-of Court
SIDEWALK AND TURN-LANE EASEMENT,AGREEMENT
THIS SIDEWALK AND TURN-LANE EASEMENT:AGREEMENT ("Agreement") is
made and entered into as of the21 day of `5w1�;\ \`,200/1, by'and between the CITY OF
CLEARWATER, a municipal corporation of the_Stati�'of Florida ("City"), and L.O.M., INC., a
Florida corporation("LOM").
REC%,JTALSi
A. The City and LOM,haave enteee4 info That certain Agreement For Development of
Property (Surf Style Condominium' Prpjot) dated February 18, 2010 and recorded on February
22, 2010 in Official Records.$ook.1-6836, Page 1817 of the Public Records of Pinellas County,
Florida, as amended by First Amendment to Agreement for Development of Property dated
October 25, 2010 and recorded/on October 28, 2010 in Official Records Book 17072, Page 504
of the Public Records-of`P`inellas County, Florida, and as further amended by Second
Amendment to A reement 4qr Development of Property dated March 23, 2011 and recorded on
April 1, 2011 in�Official Records Book 17210, Page 1432 of the Public Records of Pinellas
County, Flori4a,(together wjfh any further amendments, modifications, extensions, restatements
and supplemeriQ�fro'trr-time to time, the "Development Agreement"). The Development
Agreerrlent-\selS_forth the terms and conditions governing the development and construction of a
mix ,usd`retiail commercial project and a commercial parking garage on certain real property
located`9n\ Squth Gulfview Boulevard in the City of Clearwater, Florida, more particularly
`4egcribed in,Exhibit A attached hereto (the "LOM Property").
_$' The City owns or controls that certain parcel of land lying adjacent to and east of
the LOM Property, which is a portion of the sixty foot (60') right-of-way known as "Coronado
Drive".
C. Pursuant to Section 2.03(6) of the Development Agreement, LOM agreed to grant
an easement in favor of the City for a sidewalk and turn-lane encumbering an eleven (11) foot
wide strip of land on the east side of the LOM Property along Coronado Drive, as is more
particularly described in Exhibit B attached hereto ("Easement Area").
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2392
D. LOM hereby desires to grant and create, on the terms and conditions hereinafter
set forth, certain easements over, under and upon that portion of the Easement Area in favor of
the City.
NOW, THEREFORE, in consideration of the premises, agreements and covenants set
forth hereinafter, and for other good and valuable consideration, the receipt and sufficiehcy,o£',
which are hereby acknowledged, the City and LOM hereby agree that the foregoing,recitals'are,
true and correct and further agree as follows:
1. Grant of Easements to the City. Subject to the conditions herein,'L'OM hereby
grants to the City for the use of the City, its agents, employees, contracto F,,;'repieserttaiiv-s'and
licensees and the members of the general public a perpetual non-excldsive easement over,
through,upon, across and under the Easement Area for the following purposes: (i)ped'estrian and
vehicular ingress and egress and (ii) maintenance, repair, and restoration of lh6 Easement Area,
including, without limitation, the sidewalk and turning lane,,located therein. The easements
granted herein include the right to keep and maintain the si&Wg1k and turning lane within the
Easement Area(and repair,restore and replace same in the event of cfiarn e or destruction of any
kind or nature)in perpetuity.
2. Maintenance of Easement Area. The'CitX shall, at its sole cost and expense, (a)
except as otherwise provided herein, maintaii�r at d repair,the easement Area in accordance with
all of the City of Clearwater standards for naaintenance,of\sidewalks and turning lanes or, more
broadly, for areas providing vehicular and pecgstrian ih�ress and egress to the general public, if
applicable, and (b) repair any damage,to rhq landscaping, surfaces, structures or utilities within
the Easement Area caused by the Ut C of the'Easement Area by the City and the general public.
Notwithstanding the foregoing, LOM shah reim4urse the City for all costs and expenses incurred
in the maintenance, repair apd.festoiation of the Easement Area necessitated by or required as a
result of the negligence or',,vMN rimisbonduct of LOM, its employees, contractors, operators,
agents or representatives. ;
3. No,'66stru6ti6n\of Traffic. Except during temporary periods when it is reasonably
necessary to repair(,or replace facilities or improvements within the Easement Area or to make
installations within Jlie Easement Area(including, without limitation, utility lines), LOM and the
City shallpermit,no\material obstruction to the free flow of vehicular or pedestrian traffic in and
through rhq�serneint Area. All construction, maintenance or repair work within the Easement
AreAAaft be\acco mplished in such a manner as to minimize any disruption to the free flow of
ingress�d egKe§ s over and across the Easement Area.
4.,' Reservation. LOM hereby reserves all rights of ownership in and to the Easement
Ared4hia are not inconsistent with the easement and rights granted herein, including, without
limitation, the right to grant further easements on, over and/or across such area (e.g. utility
easements) and all other uses not interfering with the uses permitted herein.
5. Liens. The City shall keep the Easement Area (and all portions thereof) at all
times free of mechanics' liens, and any other liens, for labor, services, supplies, equipment or
materials purchased or procured, directly or indirectly, by or for the City. The City agrees that it
will promptly pay and satisfy all such liens of contractors, subcontractors, mechanics, laborers,
materialmen and others of like character. In the event any such liens shall be made or filed, the
2
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2393
City shall bond against or discharge same within thirty (30) days after receiving written notice of
the filing of same. The City shall not have any authority to create any liens for labor or material
on the Easement Area and all persons contracting with the City for the performance of any
services, supply of any materials or provision of any labor for any work done in, on or around the
Easement Area, and all materialmen, contractors, suppliers, mechanics and laborers are 4ereby \;
charged with notice that they must look solely to the City to secure payment of any bill for*or1
done or material furnished at the request or instruction of the City.
6. Defaults. In the event that any party defaults under the terms, provisions, br J
obligations of this Agreement and such default is not cured within thirty(3 0)days,after,receipt,bf
the written notice specifying in reasonable detail the event of default ("Default Notre"},'or if
such event of default is of such nature that it cannot be completely cured within such`,time period,
then if the defaulting party shall not have commenced to cure such default w,ithm stjch thirty(30)
day period and shall not diligently prosecute such cure to completion within-such reasonable
longer period of time as may be necessary, then the nondefaulting party shall have all rights and
remedies available at law or in equity for the redress of such default, inpluding, in the case of
LOM,the right of self-help under the circumstance set fortbin parag�aplr?'below.
7. Self-Help. If the City fails to majhtain the-;Easement Area in the condition
described in paragraph 2 above, then LOM may give a 1?efault Notice to the City, and the City
shall have the applicable cure period (describdd-irr aragxaph &above) following receipt of such
notice to restore the Easement Area to the required condition. If the City fails to restore the
Easement Area within said cure period,/then;,in additifbp to the other remedies provided herein,
LOM may restore same to the required c\ohdition an 'thereafter the City shall reimburse LOM
for the reasonable costs of such res�o'ration�e eluding any restoration the cost of which the City
is required to reimburse under p�ragrgp 2) within fifteen (15) days following LOM's receipt of
an invoice therefor. Any suing no4\reimbursed when required herein shall bear interest at the
maximum rate allowed bylaw from the clgte due until paid.
8. Covenant;Ruirriina with the Land. The easements hereby granted and the
requirements herein'contaitied ark intended as, and shall be, covenants running with the land.
9. This Agreement may not be amended, modified or
terminated except liy writfen agreement of the City and all of the fee owners of the LOM
Propert3% wKf She,idlders of any mortgages of record encumbering same. Furthermore, no
modifltatioii\or amendment shall be effective unless in writing and recorded in the Public
Records of Pine'1)as County,Florida.
10: Miscellaneous.
a. Counterparts. This Agreement may be executed in any number of
counterparts and by the separate parties hereto in separate counterparts, each of which shall be
deemed an original, but all of which (when taken together) shall constitute one and the same
instrument.
b. Construction. Reference to any paragraph, section, exhibit, or subpart
thereof, unless otherwise provided, shall refer to this Agreement. In construing this Agreement,
the singular shall be held to include the plural,the plural shall be held to include the singular, and
reference to any particular gender shall be held to include every other and all genders. Use of the
3
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2394
term "including" shall mean "including, without limitation". Each of the parties hereto and their
counsel have reviewed and revised, or requested revisions to, this Agreement, and the usual rule
of construction that any ambiguities are to be resolved against the drafting party shall be
inapplicable in the construction and interpretation of this Agreement and any amendments,or
exhibits to this Agreement.
C. Titles of Paragraphs and Sections. The titles of the severai-parts,;,
paragraphs and sections of this Agreement are inserted for convenience of refereno onlj\and,,',
shall be disregarded in construing or interpreting any of its provisions.
d. Notices. Any notice or communication under this Q.gieement'slial1 bre in
writing and shall be deemed sufficiently given if hand delivered or dispatched by qi*d States
certified mail, postage prepaid, return receipt requested, or by nationally recognized' overnight
delivery service,to the appropriate party or entity, and their respective authorizedi=epresentatives
as set forth below, at the address specified below or at such,other address of which the other
parties shall be duly notified in writing:
NOTICE TO THE CITY: NOTIC-M;T -WM`-
City of Clearwater
112 S. Osceola Avenue coo Surf Style, Inc.
Clearwater,FL 33756 ---% 4i Q0 N� 28th Terrace
Attn: City Manager tfoltyv�ood,Florida 33020
Attn: Controller
WITH COPY TO: WITH COPY TO:
Pamela K. Akin,E✓q. Greenberg Traurig,P.A.
Clearwater Cj*ty.Attbr'e� 1221 Brickell Avenue, 23rd Floor
112 S. Osce9/la Ayanue,'1 Miami, Florida 33131
Clearwater;F'L,3�756 °� Attn: Nancy B. Lash, Esq.
All notices shall 6, deemed re�cived when actually delivered if delivered by hand or by a
nationally recooied overnight delivery service and shall be deemed delivered five (5) days
following maWng in Ike event mailed as provided above.
a ;Severability. If any term or provision of this Agreement or the application
thereof,to iuiy person or circumstance shall, to any extent, be invalid or unenforceable, the
,remainder\of\tRks Agreement or the application of such term or provision to the persons or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each term and provision of this Agreement shall be valid and be enforced
to the fullest extent permitted by law.
f. Governing Laws. The laws of the State of Florida shall govern the
interpretation, validity, performance and enforcement of this Agreement. Venue for any action
brought hereunder shall be proper exclusively in Pinellas County, Florida.
g. Expenses. In the event any arbitration, litigation or controversy arises out
of or in connection with this Agreement between the parties hereto, the prevailing party in such
arbitration, litigation or controversy shall be entitled to recover from the other party or parties all
4
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2395
reasonable attorneys' and paralegals' fees, expenses and suit costs, including those associated
with any appellate or post judgment collection proceedings.
h. Exhibits. All of the Exhibits attached to this Agreement are incorporates- -
in,and made a part of,this Agreement.
i. Waiver of JurS Trial. The parties hereby each knowingly, irrevogablY;,'
voluntarily and intentionally waive any right such party may have to atrial by jury,in respect,of,;`,
any action, proceeding or counterclaim based on this Agreement, or arising out 4,under or }n J
connection with this Agreement or any amendment or modification of this,Agreemient, or,ahy
other agreement executed by and between the parties in connection with t�i/s Agreemen=t;4r'any
course of conduct, course of dealing, statements (whether verbal or writtdn) or adipns of any
party hereto. This waiver of jury trial provision is a material inducement'to the parties to enter
into this Agreement. --
[The remainder of this page is intenti0kQ1.y4eft h 4nk.]
5
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2396
EXECUTED as of the date and year first above written.
SIGNED,SEALED AND DELIVERED THE CITY OF CLEARWATER,
IN THE PRESENCE OF: FLORIDA,a Florida municipal corporatioi. ,
L �
By:,o
Name: �J A N� /�'I A N.v/ Frank V.Hibbard,Mayor--
Name: A \ � �'r
g --
Attest:
dd
By: ka&jXff4 c `—
Rosemarie Call,City Clerk
roved as to form: A �
Pamela K.Akin
City Attorney '
STATE OF FLORIDA-
COUNTY Of PINELLAS ) n
The foregoing instrument was acknowledged before me thisa day of
2011 by Rank N:-Hibbard and Rosemarie Call,Mayor and City Clerk,respective) , or the City
of Cleaiwlter,17I6rida,on behalf of the City.
Y:,
SigiAture of Notary Public
My Commission Expires:
Printed,typed or stamp
KAREN tin iSSM D�osie»o
EXPIRES:December 2o,2013
kf„h, B=W Thru Notary Pubk Uoderwrltm
6
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2397
„
SIGNED,SEALED AND DELIVERED L.O.M.,INC.,a Florida corporation
IN THE PRESENCE OF: -
PqW V�/ S By:
Name: Name: DOYDV► Ma
Title: V I LL
Pve s i d.��, - '
Name: e�e_
STATE OF FLORIDA )
�^li
COUNTY OF T )
The foregoing instrument was acknowledged before the\this% ''day of J U I y , 2011 by
OV I N1 a s as "-ki C(<\I?redent of L.O.M., INC, a Florida
corporation,on f of the corporation.
By:
ignature of Notary Public,',
Laulv w My Commission Expires:
Printed /
,type d or
LAUREN WEEKS
Nohry PW*-Wb of Fbft
Mp COMM.Eglnt Me>•,is 4
CR EE 41814
-- 1n10N lfoogM ThMINI Nogry bM.
7
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2398
EXHIBIT A
LOM PROPERTY - - -
PARCEL 1: Lot 110, LLOYD-WHITE-SKINNER SUBDIVISION, according to the,plat ;
thereof as recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas C64fq,;;,'
Florida.
PARCEL 2: Lots 60, 61 and 62, and the Southerly one-half of Lot 107 and all of' e Lots 108
and 109, LLOYD-WHITE-SKINNER SUBDIVISION, according to the plat thereof as recoid d
in Plat Book 13, Pages 12 and 13,Public Records of Pinellas County, Florida. --
TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS:
The Easterly 112 of Gulfview Boulevard lying West of and adfxent to the Westerly boundaries
of Lots 60, 61 and 62, THE LLOYD-WHITE-SKINNER SUIIOIVISIONa as recorded in plat
book 13 on pages 12 and 13 of the Public Records of Pinellas'count,\FI�6da, more particularly
described as follows: '
Begin at the Northwest corner of said Lot 60; thence 18,0>12 feet along the Westerly boundary of
said Lots 60, 61 and 62, and along the arc of, 'curve to tlie,right with a radius of 6017.52 feet,
subtended by a chord distance of 180.11 feei,,',bearing'S'08°35'03"W to the Southwest corner of
said Lot 62; thence N80°34'24"W alortp\the`Westerl',6xtension of the Southerly boundary of
said Lot 62, a distance of 35.00 feet wa p6in14 iriteis&tion with the centerline of said Gulfview
Boulevard, a 70 foot wide right of way, lhekb,179.08 feet along said centerline and along the
arc of a curve to the left with a iadius' of 5982:52 feet, subtended by a chord distance of 179.08
feet,bearing N08°35'03"E to/,'point'
o,a point of intersection with the Westerly extension of the Northerly
boundary of said Lot 60; &h ce,S, 2°f 5'. 44"E a distance of 35.00 feet to the Point of Beginning.
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2399
SKETCH of DESCRIPTION
TIUS IS MT A ft*Q Rlr EXHIBIT B SCALE 1' � 50'
SIDEWALK AND
TURN-LANE EASEMENT
r r
I 1
LOT 59
r LOT 106
I g I S81'59'43"E ,r I
LIJ LOT 60 r__�L_ f1.0(J' r ,4
'J r Southerly 1J2 Ntl-or �.
1 i cat+. nth't/2 >
L _ LOT 107 Lot 107 I `
r � I
r is f r a I LOT 108
r
w r Im r H I
� I LOT 61 r
" I
Larkw
r LOT 62 /--— -� _ r}
! Ila
PL
LOT'}30 r r
x• r � 1
LOT .63
CURVE DATA: LOT n v1
-- SaulMeastarty Cpmer
OAVE 1,RADIUS I OELTA ANGLE ARLI LENGTH ` CHORD LENGTH CHORD BEARING Lot 110 r
C1 6216.52' 01'36 10" 173: 1' 173.9w 08'53 Y9> I
C2 22752 81.3607- 1 411` 1 174.1,1' SO8 53'2fi-_L 1
OESCRI WN
m4 tosterly ILO feet of the Southerly or" if of Lob 1tl7 and the Easterly 11.0 feet of Lots 106 and 109 and 110.
Ufffl-"1 t-S0KNER SUBOM5100.190c ing to the plat thereof as recorded in Plat Book 13,;Pages 1Z and 13, Public Records
of Pinellos County.Florida,,morg partiau. y described as follows:
m at the Saatlxastel4x=nw of so tat 110; thence Net1'56'05Vj along the South"'bowida ,,thereof d 1Pisione4 6f `11.00
feel 3heflctl 173:91 feet along thl\orc ol`a'c rve to the left Iminq o radlw of 621652 14Rt. eli�tanded by a tTlord 6atDnce
of 113.90 favlk bearing'NOB'83'29 is td a'polot of intersection with the Northerly boundak of-the.$0#119 y one-half of said Lot
107; tllpnca Sg1`SB'43',af" sad�b' "'y lwundary a d�stdltae of IiOb feet to'the tJOttheosie�y Wmbr of the South
ale-half QF'wd Lot`107 the."m 17/4.11 feet along i"Westerty right of way$ne of Cormodo whi end along the -of 0
mvp to the lryh`t.ho,`ag a radius(if,S22"2 feet, subtended by a chord distance of 174.11 feet, bedtirKt 508'53"261k, to the
Point of edginnnq.'
EGEND- i VNOERCROUND N,STAUATIONS OR IYPROL+E11DM HMIE em+LOOTED UXM AS$frown.
2.110 INSTRU&QM5 OF REWRO NEf u%w,EASEYEfe1S,RlW'T OF WAT M10/OR OWNERSHP WERE
19 fURfM5HE0-m Im,Sri Aw. t>OM.4 Sf141e+.
PLC Ir10 sumeim 3:USE sFE1a1 00�f �Ot
IuXT IMf9fYYdb11 4.115E OFF 110i SKEirdt 71iDSE A1tEb FAR 18LL BE 1HE ME-USERS
s.tESrAPSL11!ssascsllnR �ltt$ir 1111FRv 10 TfE
" 5.TfIE SKER H IYI{5 WE, OF A!IptRFlA T114E cdpNK1EN1 AND 5
vas+r or eaaeele SUBJECT TO FASEUEtlIS rdfpnS-0F-WAY'*D-Si6fIW' OF IML,
Poc, Pel1r a to rTimlon 1.11t31gY N B45ED ON HE`WESiERIX RN211 QF P+AY'Ltp�COR11Rn00'ORAIE A5 BFAFpRC;
Soss3381y(AS5WE0).
Prepamd,for and Certified o; t>r►re t"l'ny No, 90?4l1?4dirp Prztiact No. 1#'1.26
Keith Zoyoc and Associates. Inc. oeger.,bar 22. 2009 Checwed.13y Ispia 8aok Pegea
Dralsn By •«, d,�¢
hre6r eol,ly dwF Na"�{al(, Te!i ',undr mr NEWOS51&F'
SUNCOAST LAND SURVEYING, Inc. 1 arv4E,,,V. ,T S o,a swl6wos,et forth ty
111 FOREST LAKES BOULEVARD th nm eow I M 41017-4.naaon
aoo[' Be
I:iLDSMAR, FLA. 34677 rDUMS AIW'w wile 1hrFquf�� 'f(Ip;� � '` e��.Or A lLa91M ULiiM
sus�clon ARO ewrE ti i
tlaulwARr-rartimwlec-collslaLCnoR srASEaa1
LB ,�4 r PHDRE- (813)854-1342 FAX (813)855-6890
IB 13 ', .LS 14o.5279
.•yrrr11H11lIN111�
PINELLAS COUNTY FL OFF. REC. BK 17470 PG 2400
JOINDER OF MORTGAGEE
THIS JOINDER OF MORTGAGEE is given as of the 2qday of
2011, on behalf of Branch Banking and Trust Company ("Mortgagee"), being the owner apd,-
holder of that certain Mortgage, Assignment of Leases and Rents and Security Agreement dated
October 29, 2010, made by L.O.M., Inc., a Florida corporation ("Mortgagor") in favorN411, '
Mortgagee,which mortgage has been recorded in Official Records Book 17077, Page 957-of ihn
Public Records of Pinellas County, Florida(as amended from time to time, the "Mori e"), aid '
encumbers, among other things, the property described in Exhibit A to the foregoiri &Sidewalk;
and Turn-Lane Easement Agreement(the"Easement").
WHEREAS, Mortgagor has requested Mortgagee to consent to and join in the'f'asement
and to subordinate the lien and effect of the Mortgage to the Easement.
NOW, THEREFORE, Mortgagee joins in the execution bnd consents to the recordation
of the Easement and agrees that the lien and effect of the Mortgage shall be subject and
subordinate to the terms of the Easement. Mortgagee makds no warrataty,or' any representation
of any kind or nature concerning the Easement, any of its tetins-or provisions, or the legal
sufficiency thereof, and disavows any such warranty or r66res�ntafi6n. Except as expressly
provided herein, nothing contained herein shall affect'qr impair the rights and remedies of
Mortgagee as set forth in the Mortgage.
EXECUTED as of the day and year,firs�t`above wr tten.
Witnessed by: ',BRANCH BAN G AND UST COMPANY
By:' ,
Print Name A
A: / (; 1`rT ,Q �
Tit �'"\
z P�6w >
Pri Name: IZAfgDS
STATE OF itO\RADA:
COUNTY`O�
'The foregoing instrument was acknowledged before me this?9 day of S 12011 by
4)R^j F��4/YI.>�� ,as
V.P. of BRANCH BANKING
AND T'RUST COMPANY,on behalf of the bank.
ION#D�9
PAM R.MANGLLA
J * My co�nssl�l#DD 924442
EXPIRES:September 14,2013
Signature of Notary Public ' �F��� eonaednNUeuaoeteoa,ys „
My Commission Expires:
Printed,typed or stamp
MIA 181,008,544x4 7-13-11
L