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FLS2007-04018CLWCoverSheet LS2007m04018 § p ViiN HIGHLA�D AVE WALMART PLANNER OF RECORD: S K ATLAS # 261A ZONING: C LAND USE: CG RECEIVED: 04/02/2007 INCOMPLETE: coNrnLET� y- 10- 030- BPS: PHOTOS: STAFF REPORT: DRC: **,of w- 3 CDB: NZ R 4 J ° ater ..:.lea C Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727- 562 -4865 XI SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION 181 SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets :Q SUBMIT APPLICATION FEE $ $475.00 CASE #: ��j © Q RECEIVED BY (staff initials): DATE RECEIVED: ORIGINAL DECEIVED APR 0 9 2007 PLANNING DEPARTMENT CITY OF CLE * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 10/30/2006) PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: Wal -Mart Stores East, L.P. 2001 SE 10th Street, Store 4667 -00, Bentonville, AR 72716 (479) 273 -4000 FAX NUMBER: 1. MC Murrich 01 Inc Kimley -Horn and Associates, Inc. , David Walthall, P.E. Q 10117 Princess Palm Avenue, Suite 300 (813) 620 -1460 FAX NUMBER: (813) 620 -1542 E -MAIL ADDRESS: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: Wal -Mart Clearwater (Highland) PROJECT VALUATION: $:4N,Woo STREET ADDRESS 1815 N Highland Avenue Clearwater FL 33755 PARCEL NUMBER(S): 1.) 022915000003100500, 2.) 022915000003100700 _ PARCEL SIZE (acres): 7.80 acres PARCEL SIZE (square feet): 317,307 sq ft LEGAL DESCRIPTION: (See Attached) PROPOSED USE(S): Grocery store and additional retail. DESCRIPTION OF REQUEST: The applicant proposes to demolish 58,567 s.f of existing grocery and retail and Specifically identify the request replace with 39,729 s.f, grocery store, 9,483 s.f, of retail and keep 18,589 s.f. of Include number of units or square ootage of non - residential use and all existing retail for a total of 67,801 s.f. (a net reduction of 9,354 s.f.). The site has requestedcode deviations; e. .................................................. ....._.... ................................... . ...................... __ ........ _ .... __ .... _._ ........................ _ .... . ..... .... .... _ ... _ ........... .... _ ... _. ...... _ ........... _ ... _ ...... __ .............................. __._.. reduction in required number of an overall parking ratio of 4.74, which is less than the 5.00 required by the City of parking spaces, specific use, etc.) Clearwater. A parking demand study is included. C: \Documents and Settings\derek.ferguson\Local Settings \Temporary Internet Files \OLK389 \Flexible Standard Development (FLS) 2006.doc Page 1 of 7 0 0 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO X (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) W SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. M 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA— Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it islocated. The applicant is replacing an existing grocery store and retail with a new grocery store and retail. The applicant is reducing the overall square footage of the existing project site and is conforming to the City of Clearwater the Flexible Development Application requirements. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The site will not interfere with the existing single family residential to the east. The gas station is in the process of being redeveloped. The existing restaurant to the northwest and existing shopping center to the north will not be disturbed; we are in the process of getting construction easements from both of e property owners to tie in our construction. 1 ha bank parcel is part of is development, but will remain during construction. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The site will be designed to meet state, federal and local requirements. ADA accessible parking and travel routes have been provided on the site plan. 4. The proposed development is designed to minimize traffic congestion. There will be a reduction in square footage of the project site, and a parking demand study is included to justify the reduced parking provided. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development will improve the character of the immediate area. The applicant will be replacing the existing older lder grocery and retail with a new grocery and retail. The paving on both properties will be replaced and new landscaping will be put in to complement the existing landscaping that will remain. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The site has been designed to minimize impacts to surrounding properties. The truck docks, dumpster area, and grease interceptor will be screened on the side of the building. The electrical transformer will be in the back of the building by the truck entrance. The proposed lighting will be shielded and light trespass on adjacent properties will not exceed existing lighting levels. ORIGML APR 0 9 2007 C: \Documents and Settings\derek.ferguson\Local Settings \Temporary Internet Files \OLK389 \Flexible Standard Development (FLS) 200 @. oc Page 2 of 7 &NNIN DEPART ENT CITY OF CLEARWATER WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) X Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) — Explain how each criteria is achieved, in detail: Please see attached sheet. E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4- 202.A.21) IN A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. 92 At a minimum, the STORMWATER PLAN shall include the following; W Existing topography extending 50 feet beyond all property lines; Q Proposed grading including finished floor elevations of all structures; M All adjacent streets and municipal storm systems; IS Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; C} A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. a Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; U Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ($ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ® ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) C3 SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 copies; ® TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) — please design around the existing trees; M TREE INVENTORY; prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; l6 LOCATION MAP OF THE PROPERTY; IB PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; KI GRADING PLAN, as applicable; ® PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ����� RFCENED tti7'A COPY OF RECORDED PLAT, as applicable; CADocuments and SettingsWerek.ferguson\Local Settings7emporary Internet Files \01-K389 \Flexible Standard Development (FLS) 2006.doc pLANNING DEPART MENT Page 3 of 7 CITE OF CI.E,ARWATER 0 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) #J SITE PLAN with the following information (not to exceed 24" x 36 "): X Index sheet referencing individual sheets included in package; X North arrow; X Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; X All dimensions; • Footprint and size of all EXISTING buildings and structures;, • Footprint and size of all PROPOSED buildings and structures; (See Demolition plan also for existing building size) X All required setbacks; • All existing and proposed points of access; • All required sight triangles; (See Sheet L102) Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including X docri�tion end loc tion of,understory ground cover vegetgtiQn and w(Idlife habt'Iats, etc; Loc lion of all public and private easements; --- (bee h�eet L101 >t�or environmentally unique areas an shheet 1 oII survey or easements X Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas X and water lines; See survey sheets 1 to 5 X All parking spaces, driveways, loading areas and vehicular use areas; X Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening X (per Section 3- 201(D)(i) and Index #7011; X Location of all landscape material; See sheet L102 X Location of all onsite and offsite storm -water management facilities; See sheet C -4 X Location of all outdoor lighting fixtures; and X Location of all existing and proposed sidewalks. M SITE DATA TABLE for existing, required, and proposed development, in written /tabular form: X Land area in square feet and acres; _X Number of EXISTING dwelling units; X Number of PROPOSED dwelling units; X Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the X number of required spaces; Total paved area, including all paved parking spaces & driveways, X expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility X easement; X Building and structure heights; • Impermeable surface ratio (I.S.R.); and • Floor area ratio (F.A.R.) for all nonresidential uses. 13 REDUCED COLOR SITE PLAN to scale (8 %X 11); EXISTING REQUIRED PROPOSED Please see Site Plan (Sheet C -2) for Site Data Table C5 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: X One -foot contours or spot elevations on site; See sheet C -4 X Offsite elevations if required to evaluate the proposed stormwater management for the parcel; See sheet C -4 X All open space areas; X Location of all earth or water retaining walls and earth berms; ORIGINAL. • Lot lines and building lines (dimensioned); RECEIVED • Streets and drives (dimensioned); P® p O 9 2007 X Building and structural setbacks (dimensioned); APR X Structural overhangs; PLANNING DEPARIt C: \Documents and Settings\derek.ferguson \Local Settings \Temporary Internet Files \OLK389\Flexible Standard Development (FLS) 2006.doc Page 4 of 7 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ® LANDSCAPE PLAN with the following information (not to exceed 24"x 36 "): X All existing and proposed structures; See sheets L101 and L102 X Names of abutting streets; X Drainage and retention areas including swales, side slopes and bottom elevations; See sheet L102 X Delineation and dimensions of all required perimeter landscape buffers; See sheet L102 X Sight visibility triangles; L102 X Delineation and dimensions of all parking areas including landscaping islands and curbing; L102 Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required X tree survey); L101 and L102 X Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all • existing and proposed landscape materials, including botanical and common names; L102 Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and • protective measures; L103 Interior landscaping areas hatched and /or shaded and labeled and interior landscape coverage, expressing in both square feet and • percentage covered; L102 N/A Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); X Irrigation notes. 21 REDUCED COLOR LANDSCAPE PLAN to scale (8 %X 11); ID/A COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) 3 BUILDING ELEVATION DRAWINGS — with the following information: X All sides of all buildings; X Dimensions; X Colors (provide one full sized set of colored elevations); and X Materials. 3 REDUCED BUILDING ELEVATIONS — same as above to scale on 8'% X 11. J. SIGNAGE: (Division 19. SIGNS / Section 3 -1806) M All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. All existing signs to be removed. Li All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) The Comprehensive Sign Program DUA Comprehensive Sign Program application, as applicable (separate application and fee required). Application will be submitted following approval of this application. RlA Reduced signage proposal (8'/2 X 11) (color), if submitting Comprehensive Sign Program application. ORIGINAL RECEIVE? A N 0 9 2007 C: \Documents and SeWngs\derek.ferguson\Local Settings \Temporary Internet Files \OLK3890exible stanQ04Nr0pmP3EMWpp6;Vc Page 5 of 7 CITY OF CE�RI�/ATER NT ORIGINAL RECEE@ED K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4- 801.C) A PR 0 9 2007 ❑ Include if required by the Traffic Operations Manager or his /her designee or if the proposed development: PLANNING DEPART CITY OF CLEARWA • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and /or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and /or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a " Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727- 562 -4750) Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. * Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and /or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ZI Acknowledgement of fire flow calculations /water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562 -4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this day of A.D. 20 to me and /or by who is personally known has produced as identification. Notary public, My commission expires: CADocuments and Settings \derek.ferguson \Local Settings \Temporary Internet Files\OLK389 \Flexible Standard Development (FLS) 2006.doc Page 6 of 7 6 . 0 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed — PRINT full names: MC Munich Development Company, Inc. Morgran Company 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 1815 and 1831 N Highland Avenue Clearwater FL 33755 3. That this property constitutes the property for which a request for a: (describe request) Please see attached sheet 4. That the undersigned (has/have) appointed and (does/do) appoint: Kimley -Horn and Associate , Inc Ruden McCloskv Smith Schuster & Russell P.A. as (histtheir) agent s) to execute any petitions or other documents necessa to affect such petition, o�►�� 1CN f� +� t*A� 6�li' &etC'AS a 'i�O.row.' ces, w icl� Mc,. Irate �c�,� aw.& �JC•5 64 5. That this affidavit has been executed to induce We City of Clearwater, Florida to consider and act on the above des bed property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (Ihee), the undersigned authority, hereby certify that the foregoing is true and correct. MCMurrich Development Company, Inc. Morgran Company j By: / • `�. By: _ o� Property Owner Property Owner , ` Print Name: <�Co rdt a �-- • K �► `i r � Print Name: 'e6 Title: i CC e-.S c S'=� �— Title: STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of personally appeared who having been first duly swom Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. See Notaries for both Companies on Attached Sheet Notary Public Signature Notary Seal/Stamp My Commission Expires: r. l �,y a re joc6 d) ORIGINAL CADocuments and Settings%derek.fergusoMLocal Settings\Temporary Internet FilestOLK389%FleMble Standard Development (FLS) 20M.doc RE'bsi,8 MI) Page 7 of 7 APR 02 2007 PLANNING DEPARTMENT CITY OF CLEARWATER STATE OF rt_ W10A County of 1 tiICLLP& Before me the undersigned, an officer duly commissioned by the laws of the Sta,tp�'!6�f F� �Pri ,o✓n this z' On day of Ri2iL -ACO I personally appeared (�' kgyp, L y"as Y1 a'51— of MCMURRICH been first duly sworn Deposes and says that I that he /she signed, All IS 9U-Qa ,d ALL k LINDA L. BARTLEY MY COMMISSION # DD 614648 EXPIRE& November 16, 2010 Bonded thtu Not" PUW underwriters STATE OF LoOD. Al County of pry DEVELO� COMPANY, INC. who having /she full unde ds the ,contents of the affidavit Notary Public Before me the undersigned, an officer duly commissioned by a laws of the Sia f F11oni on thisAd day ofAjiL,=' pers ly appeare 1 7C�iL�A`f✓�as Y1f' r1ZS1,�9� of MORGRAN CO gun duly sworn Deposes and says that he /she fully understands signed AAjo IS 1ZS�J�4U -Y r(nlaKtJ �ft1Ni�. Notary Public Signature LINDA L BLj i MY COMMISSIOEXPIRES: NoveBonded Thm Nftty TPA:507059:1 ORIGINAL RE WED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER R. Retail sales and service. 1. Lot size and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998. The existing area for Parcel 1 will be 22,500 s.f. which exceeds the minimum 10,000 s.f. lot area requirement, and the existing area for Parcel 2 is 317,307 s.f. which also exceeds the minimum lot area requirement. The proposed development will be comprised of two separate parcels: The Wal -Mart parcel will be 203,556 s.f., and the Tamdem Parcel will be 136,212 s.f. The parcels will be created by replatting. 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; The building is new and will have many architectural upgrades over the existing building that is on -site. A detailed rendering is included with this application. b. The increased height will not reduce the vertical component of the view from any contiguous residential property. The rear of the homes did face the existing grocery store and they will still face a grocery store. The view of the Highland Avenue and Greenlea Drive will remain obstructed for lots 8, 9, and 10 of Suban's Subdivision. 3. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; The side and rear setbacks have not been reduced. b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; The side and rear setbacks have not been reduced. c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. We have met landscape requirements for the project site. Landscaping has been added to the sides and rear. 4. Off - street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non - parking demand - generating purposes. There will be a net reduction in building square footage. As a result, the proposed site requires fewer parking spaces. A parking demand study is included. ORIGINAL. REOFIVED APR 0 2 2007 PLANKING DEPAWMENT CITY OF CLEARWATER sheet 7 (Affidavit to Authorize Agent) 3.) That this property constitutes the property for which a request for a: (describe request) Demolish 58,567 s.f. of existing grocery and retail, and replace with 39,729 s.f. grocery store, 9,483 s.f. of retail and keep 18,589 s.f. of existing retail for a total of 67,801 s.f. ( a net reduction of 9,354 s.f.). The site has an overall parking ratio of 4.74, which is less than the 5.00 required by the City of Clearwater. CAdGINAL RELIED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER o Clearwater U C: Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562-4567 Fax: 727- 562 -4865 M SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ® SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets J4 SUBMIT APPLICATION FEE $ $475.00 * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 10/30/2006) — PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: Wal -Mart Stores East, L.P. MAILING ADDRESS: 2001 SE 10th Street, Store 4667 -00, Bentonville, AR 72716 PHONE NUMBER: (479) 273 -4000 FAX NUMBER: PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: 1. MC Murrich 2. , Inc Kimley -Horn and Associates, Inc. , David Walthall, P.E. 0 A-1-HA d (e t✓ 10117 Princess Palm Avenue, Suite 300 n p..sl -i:� A -- �-- L- (813) 620 -1460 FAX NUMBER: (813) 620 -1542 E -MAIL ADDRESS: L) �a_ihu1 aA ) L .) n'� 00 B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: Wal -Mart Clearwater (Highland) PROJECT VALUATION: $ 4,300,000 STREET ADDRESS 1815 N Highland Avenue Clearwater FL 33755 PARCEL NUMBER(S): 1.) 022915000003100500, 2.) 022915000003100700 PARCEL SIZE (acres): 7.80 acres PARCEL SIZE (square feet): 317,307 sq ft LEGAL DESCRIPTION: (See Attached) PROPOSED USE(S): Grocery store and additional retail. DESCRIPTION OF REQUEST: The applicant proposes to demolish 58,567 s.f. of existing grocery and retail and Specifically identify the request replace with 39,729 s.f grocery store, 9,483 s.f. of retail and keep 18,589 s.f. of V(indude number of units or square of non - residential use and all existing retail for a total of 67,801 s.f. (a net reduction of 9,354 s.f.). The site has requested code deviations; e. reduction in required number of an overall parking ratio of 4.74, which is less than the 5.00 required by the City of parking spaces, specific use, etc.) Clearwater. A parking demand study is included. ORIGINAL C:Docurnents and SetUngsWerek.tergusoA = al SettingsWemporary Internet Files%0LK389T1wdb1e Standard Deveiopmerd (FLS) MW.doc Page 1 of APR 0 2 2007 PLANNING, ►DEPARTM CITY OF CI.EARWK %N , 0 0 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _& (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) W SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. 3 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA —Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The applicant is replacing an existing grocery store and retail with a new grocery store and retail. The applicant is reducing the overall square footage of the existing project site and is conforming to the City of Clearwater the Flexible Development Application requirements. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The site will not interfere with the existing single family residential to the east. The gas station is in the process of being redeveloped. The existing restaurant to the northwest and existing shopping center to the north will not be disturbed; we are in the process of getting construction easements from both of property owners to tie in our construction. a bank parcel is part ot t1lis development, but will remain during construction. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The site will be designed to meet state federal and local requirements. ADA accessible parking and travel routes have been provided on the site plan 4. The proposed development is designed to minimize traffic congestion. There will be a reduction in square footage of the project site, and a parking demand study is included to justify the reduced parking provided 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development will improve the character of the immediate area. The applicant will be replacing the existing older grocery and retail with a new grocery and retail. The paving on both properties will be replaced and new landscaping will be put in to complement the existing landscaping that will remain. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The site has been designed to minimize impacts to surrounding properties. The truck docks, dumpster area, and grease interceptor will be screened on the side of the building. The electrical transformer will be in the back of the building by the truck entrance. The proposed lighting will be shielded and light trespass on adjacent properties will not exceed existing lighting levels. `vc%r\7J1VM . RECENED C:tDocurnu is and SetlingsWerekfergusonU ocal SettingsUemporary Internet Fi18stOLK3MRemble standard Development (FLS) 20M.4PR 02 2007 Page 2 of 7 PLANNING DEPARTMENT CITY CE CLEARWATER WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) If Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) — Explain how each criteria is achieved, in detail: Please see attached sheet. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4- 202.A.21) 0 A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. Ali applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. 3 At a minimum, the STORMWATER PLAN shall include the following; 53 Existing topography extending 50 feet beyond all property lines; W Proposed grading including finished floor elevations of all structures; ® All adjacent streets and municipal stone systems; 3 Proposed stormwater detentionfretention area including top of bank, toe of slope and outlet control structure; A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. El Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; Q Signature and seal of Florida Registered Professional Engineer on all plans and calculations. M COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ® ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the foltowing): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) E3 SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 copies; ® TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) — please design around the existing trees; Q TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; L! LOCATION MAP OF THE PROPERTY; ® PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; 13 GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); IVA COPY OF RECORDED PLAT, as applicable; C-0m meets and SeltingsWerekJerguSwV.0CW Settings \Temporary Internet FIes%0LK38W1e)ub1e Standard Deve,opma d (FLS) MW.doc p 1, �OQ� Page 3 of 7 Fx 0 2 PLANNING DEPARTMENT CITY OF GLEARWTER G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) ] SITE PLAN with the following information (not to exceed 24° x 36 "): X Index sheet referencing individual sheets included in package; X North arrow; X Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; X All dimensions; • Footprint and size of all EXISTING buildings and structures; • Footprint and size of all PROPOSED buildings and structures; 0 X All required setbacks; • All existing and proposed points of access; • All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including X description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; X Location of all street rights - of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, stone and sanitary sewer fines, manholes and lit stations, gas X and water lines; • All parking spaces, driveways, loading areas and vehicular use areas; • Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening • (per Section 3- 201(D)(i) and Index #701); X Location of all landscape material; • Location of all onsite and offsite storm -water management facilities; • Location of all outdoor lighting fixtures; and X Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in writtenflabular form: EXISTING REQUIRED PROPOSED X Land area in square feet and acres; Please see Site Plan (Sheet C -2) for Site Data Table X Number of EXISTING dwelling units; X Number of PROPOSED dwelling units; X Gross floor area devoted to each use; Parting spaces: total number, presented in tabular form with the • number of required spaces; Total paved area, including all paved parking spaces & driveways, • expressed in square feet,& percentage of the paved vehicular area; Official records book and page numbers of all existing utility X easement; • Building and structure heights; • Impermeable surface ratio (I.S.R.); and • cr3 Floor area ratio (F.A.R.) for all nonresidential uses. el REDUCED COLOR SITE PLAN to scale (8'h X 11); 13 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: X One -foot contours or spot elevations on site; ORIGINAL N X Offsite elevations if required to evaluate the proposed stormwater management for the parcel; ECE ED X All open space areas; X Location of all earth or water retaining walls and earth berms; APR 0 2 2007 X Lot lines and building,lines (dimensioned); X Streets and drives (dimensioned); DEPARTMENT PLANNING PLADEPARTMENT X CITY OF CL�ARVi/ATER Building and structural setbacks (dimensioned); X Structural overhangs; C:1Dooumerds and SettingWerek.fergusonLLocal SettingATemporary Internet Fdes10L.K399+lebble Standard Development (FLS) 2006.doc Page 4 of 7 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ® LANDSCAPE PLAN with the following information (not to exceed 24"x 36 "): X All existing and proposed structures; X Names of abutting streets; X Drainage and retention areas including swales, side slopes and bottom elevations; X Delineation and dimensions of all required perimeter landscape buffers; X Sight visibility triangles; X Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required X tree survey); X Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all X existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and X protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and • percentage covered; • Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); • Irrigation notes. 0 REDUCED COLOR LANDSCAPE PLAN to scale (8' /2 X 11); IB COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) BUILDING ELEVATION DRAWINGS —with the following information: X All sides of all buildings; X Dimensions; X Colors (provide one full sized set of colored elevations); and X Materials. 3 REDUCED BUILDING ELEVATIONS — same as above to scale on 8'/s X 11. J. SIGNAGE: (Division 19. SIGNS / Section 3- 1806) ® All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. 13 All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) 3 Comprehensive Sign Program application, as applicable (separate application and fee required). 0 Reduced signage proposal (8'/2 X 11) (color), if submitting Comprehensive Sign Program application. ORIGIN& DEWED APR 02 2007 o � � l CADocuments and Sat ngsWerek.feigusontLocal Settings%Tempora Internet Res%0LK3891Flepble Standard Development (FLS) 2006: Page 5 of 7 qcM �R i K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4- 801.C) Cl Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: ■ Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and /or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and /or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a " Scoping Meeting" held with the Traffic Operations Manager and the Planning Departmenfs Development Review Manager or their designee (727 - 562 -4750) Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. IS Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and /or fire pump. If a fine pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. 23 Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): Fire Flow Calculations/VYater Study is included. Fire Flow Calculations/Water Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562 -4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this day of A.D. 20 to me and/or by who is personalty known has produced as identification. Notary public, My commission expires: CIRIGIN4,t RECRv .) C:ADocuments and Set ingslderek.fergusonlLocal SetgngslTemporary Intemet RIesVXX389%nexiMe Standard Development (FLS) 2M.doc Page 6 of 7 APR O PLANNING G, CITY OF CU l� 464T V V CITY OF CLEARWATER APPLICATION FOR PLAT APPROVAL PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727 )-5624567 FAX (727) 5624865 PROPERTY OWNER'S NAME : 1) MC Murrich Development and Company, Inc. '(See below for Address) ADDRESS : 2) Moraran Company *(See below for Address) PHONE NUMBER * See Below FAX NUMBER : *See Below APPLICANTS NAME : Wal *Mart Stores East, L.P. ADDRESS : 2001 SE 10TH Street Store # 4667 -00 Bentonville AR 72716 PHONE NUMBER : I479) 273-4000 FAX NUMBER : (479) 204 -0423 AGENT NAME : Kimlev -Horn and Associates. Inc. ADDRESS : 10117 Princess Palm Avenue Suite 300 Tampa Florida 33610 * See Notaries for both companies on attached sheet. 1, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Sworn to and subscribed before me this _ day of are true and accurate to the best of my , A.D., 19_ to me and /or knowledge.149 ur►&, ,.din, w.suei�c ' 'tei, Cn L. by(2c&?c . (1a��1Zlalrho is personally known Si nature of owner or representative 1 19 10 - _a *(Addresses for Company s above) me or has produced as identification. Notary Public my commission expires: 1) MC Murrich Development and Company, Inc. 2) Morgran Company Go George Hayes c% George Hayes Hayes Law Group PA Hayes Law Group PA 4701 Central Ave., Suite A 4701 Central Ave., Suite A St. Petersburg, FL 33713 St. Petersburg, FL 33713 PH: (727)381 -9026 Fax: (727) 381 -9025 PH: (727)381 -9026 Fax: (727) 381 -9025 Fourteen (14) copies of the preliminary plat must be submitted. The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer drawn to a scale not smaller than 1: 100 and shall not exceed 24" X 36" and include the following information: NORTH ARROW, SCALE AND DATE; ORIGINAL RR! 'WD TITLE UNDER WHICH THE PROPOSED PLAT IS TO BE RECORDED; NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON PREPARING THE PLAT; APR () 2 2007 IDENTIFICATION CLEARLY STATING THAT THE DRAWING IS A PRELIMINARY PLAT; PLAWNIiN G,'cPAKIMENI CITY OF 4.LEAi7WATER LEGAL DESCRIPTION OF THE PROPERTY WITH U.S. SURVEY SECTION, TOWNSHIP AND RANGE LINES; STATE OF FLORIDA County 0f-JRPJ 9.LLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida on this n J day of AW1 "001 personally appeare4fiUM L 1' i-s-= , as i of MCMURRICH DEVELOPMENT COMPANY, INC. who having been first duly sworn Deposes and says that he /she 1417tands e n en s the affidavit that he /she sijzned,AAID ISL 112:50t, 1 3 1 Y QUA 40 STATE OF F1-nfLuoA County of rJ F_LLAkS Fl did YIC� LINDA L. BARTLEY MY COMMISSION # DD 614546 EXPIRES: November 16, 2010 Bonded Thru Notary Public UndewUrs Notary Public Signature Before me the undersigned, an officer duly commissioned by the laws of the State of a,A this W ov day of A ZI L caM 7 personally appeareda&etat L OkYe A as z-z)f) 1- of MORGRAN COMFANT'�tho having duly sworn Deposes and says that he /she fully understands the ALM IS i'kg,50r J ALLY riuln�Q,6, Me. LINDA L�BARTLEY r� _ MY COMMISSION # DD 614546 I W. EXPIRES: November 16, 2010 ponded thru Notary public Underwmere TPA :507059:1 Notary 'the affida t at he /s signed. ORIGI ik RiF 14D APR 02 2007 PLANNilw -, z)-P - CIN1E{ir '111f OF CL EARWATER or % 0 0 f2qOS It. B IF,AX DAH!ELLESTANDERDEY.O. CON 2 2001 a'E��ti�f�ii�� �►�N�kii��il�h F T A �IAWnM,&CpXZ_XMT FOR SALE AND? OF' E Cam"` at 10A to AOMMIMt tic . 4 'c s 6f Red Estate (ffia "Amendment") is made by and betwam TE B 1V ORGU N COW.N a ari Ta:- QI:I�a n �Itr" d 1tr,11!ft�P,1ICBP1'1�i1" it+tf'., Fztda .. err h [ d �vic, i lc, joW refired to �s TANDEM . IDEVaOPLIENT C Q ILC, a Florida :1�.. t lbiiity -company wftr agwghs :(the Am a1ted, a as fo3lows -.. :aud ..i' srciias ::ittt€ at ,. a � `.ateG::cszi: said °. Pl=b= 0' a .Omperty.19catec . at Isi igi t+ ire tit #t tin; taba sue: in nom:: $ Ovenlo : tr# t?uae :m ..11i`tS;i. ti+; �s;.dx'i:t'1``" ax ed`b3r es :dciibcdvA:t. 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In .C4tas.� �t1• #� �az�giiing �;s: �� �tt��trc�iase $�K� pursuant td wion: 3.t?1 of thip ant= t;: sh b greased to ..t& mm'pf- G15,000.0� -afti iii} ORIGINAL 2006 11:47 IFAX UAMI-ELMITANDE)WEVO.COW RECEIVED -BE-CKY Q 0021 APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER -AdMione depsit whi0h shA bo doev" wa-mftdable to Pmhaser, ex pt iu the:6vent Of Selluls:rduml to close on the transaction contemplated by US ConuvA or other sences dchui4- or (6) if d& to tbo.Prwurty shall not be in the doftdifi= tvqWrzd :=dw. 1► kcqntra4. or this coutma is umbawd die to id� ==- U "it w ,Cd 'do.,dofecL- -.TU Nox 'm lu be ..�R .i�dshle do crWjWdzgujpd the P=hgzePAm 2t the time of closim, 7. R40ficatton. 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M. 00 ffigURMM an (.M,9,Md or ft) Of Paum t to 'th' A��, bf file kfi , pw - inA, AJW r. iw#d #=kc. 41 V aiat erne :.b .:bctw= - dw pa*s.. 00WAnuzg alow-fi* . . . . . . . . ....... t 411XftdtY1(A:'b=4b6*' length" by" kavingal hq,_*,'wpmtu*1t0 li:-,- leggy. , and. bdwem... gita -cwh ,W=sd anti 6woo aitd thaorw d, t� Mq�� - ffi0i dais ABBiAd -.01 . -ioni6n-6f tbp fad-.(hat.--- Wro ddC#y 00000d =qr'U.-o.f .per c Am The wo %mad jjj mcndmwt 64:bdeemed b wwn `" cites but jxq. fiw1Vtd:- JN apatur4s. (SIGNATUM ON NEXr.PAGM 0 11/10/2000 11:47 !FAX DANIELLEVANDENDEV6. 'CON y. WIMSSE& r. . . . . . . . . . . * BECKY -110031"3 TM- MORGRAN COWANYI a -Flodda Colpmton P df ,drw=vwv-r,lwv"dfr-* PURCRAS M., TAM EM - DIBVMDPNWT I GROW L=A Flod& Hraiitod HabMtyCbMpFAIy- ORIGIML RECENM APR 02 2007 PLA14NING DEPART MEW CRY OF CLEARWATEP ' 08/.24/24006 11:31 IFAX 0AXIELLE*EMDEYG.00M KY la 0011032 uai egiva lu:lo k+a.X 19002 ' AGnMvff M FOR SALE AND PURCHASE OF REAL ESTATE VAI een: Ti�S AOREEMEN'' made this J/5 b tw day of August, 2006, by and e f ' SBLLER: THE MORGRAN COMPANY, a Florida corporation c% George Hayes III The Hayes Law Group 4701 Central. Avenue Suite A St. Fetensburg, FL 33713 ' BUYER; 'TANDEM DEVELOPMENT GROUP LLC., a Florida limited liability company ' 14502 North Dale Mabry Hwy, Suite 333 Tampa, Fl. 33618 ESCROW AGENT: FIDELITY NATIONAL TITLE i ;1 -- WITNESSETH. WEERFAS, Seller is the fee simple owner of certain real property looded in Pinellas County, Florida, at 1815 Highlands Avenue, Clearwater; Florida, commonly ]mown as ' "HIGHLAND SQUARE 7, which contains 7.296 acres more or Tess, together with all improvements thereon, and is more particularly described in Exb bit "A" attached hereto and incorporated herein by reference (the "Properly"); and VaMREAS, the Seller desires to sell and the Buyer desires to purchase the property, as defined hereinafter, under the ttaons a ad conditions contained hereia. ' NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and sufficiency of v4Ach aro hereby ack owiedged, Seller and Buyer hereby agree as follows: I� 1. DEp`Il�F1'I'iQNS As used in this Agreement, the following terms shall have the following meanings: 1' 1.01 " Agreement" oceans this Agreement for Sale and Purchase of Real Fstate as it may be amended from time to time. wpanoCS 7228463 3 1 I. 09/24/2005 11 :31 IFAH DANIELLESDEMDE�ls. CON CKY l� 002/032 (5) All of Seller's right, title and interest in and to all Intangible property used or useful in connection with the land and .the improvements thereon, if any, including without limitation all trademarks, trade names, conhv ct rights, guarantees, licenses, permits, warranties and the non - exclusive right to use the name "HIGHLAND SQUARE "; and WPED= 7228403 5 2 I 1.02 "Closin means the execution and delivery of those documents and fluids necessary to perfect the transfer of fee simple title to the Property to the Buyer in accordance with the terms of this Agreement. 1.03 "Effective Date" means the last date on which Seller and Buyer have both executed this Agreement. ' 1.04 "Buyer's Intended Use of Property" means the use of the Property by Buyer for any use, including as a WalMart Neighborhood Marketplace and/or retail rental Shopping ' Center. "Prorated' 1.05 means the allocation of an item of expense or income between Seller and Buyer based upon the percentage of the time period as to which such item of expense or income relates which has expired on the date as of which the proration is made. 1,06 "Proverty" means: (1) The Property, specifically including, but not limited to, all land, buildings, structures, improvements, hereditaxnents, easements, rights -of -way, appurtenances, passages, water rights, drainage rights, and any and all other rights, liberties and privileges thereon or in ' any way now or hereafter appertaining and including, if any, all right, title and interest of the Seller in and to all rights-of-way, easements, public and private streets, roads, strips of land, roadways, avenues, alleys, passageways and water rights (including any of-the foregoing lying in ' any road beds), in front of or abutting the Property or any portion thereof of record; and (2) All of SeIler's interest in all fixtures, machinery, equipment and other articles of personal property (collectively, the "Personal Property") attached or appurtenant ' thereto or used in connection therewith; and ' (3) All of Seller's right, title and interest in, to and under any and all site plans, construction and development drawings, plan's, and specifications, documents, surveys, engineering soil reports and studies, licenses, governmental orders, resolutions, grants, permits including but not limited to sewer permits, utility permits and drainage permits, zoning approvals and Icenses, rights and agreements and similar or equivalent private and governmental documents of every kind and character whatsoever pertaining or applicable to or in any way connected with the Properly or Buyer's Intended Use, and all right, title and interest of Seller in ' and to all fees and deposits heretofore paid by Seller with respect thereto; and (4) To the extent Buyer, in Buyer's sole discretion, elects to assume the same, all right, title and interest of the Seller with respect to any contracts, purchase orders, service ' contracts, equipment leases, licenses and auy and all other agreements relating to the Property; and (5) All of Seller's right, title and interest in and to all Intangible property used or useful in connection with the land and .the improvements thereon, if any, including without limitation all trademarks, trade names, conhv ct rights, guarantees, licenses, permits, warranties and the non - exclusive right to use the name "HIGHLAND SQUARE "; and WPED= 7228403 5 2 I X08/24/2008 11:31 IFAK DANIELLEODEMDEVQ.CDM CK11 16003/032 t I ' (6) All of Seller's right, title and interest in, to and under all leases of space 1 and other possessory agreements affecting the Property; which Buyer shall assume at Closing; and (7) That the Property shall be conveyed unencumbered except for the those i matters contained n the Commitment and not objected to by Buyer, the Leases and any service ' agreements described on Exhibit "B" attached hereto for which Buyer elects to assume prior to Closing (the "Service Agreements "). 1.07 "Titlg Insurance" means preliminary reports of title, title insurance commitments and policies or any title insurance company licensed and qualified to issue title insurance in the State of Florida and approved by Buyer (the "Title Insurance Company "). I■ 2. PURCHASE AND SALE The recitals of this Agreement and the definitions set forth above are hereby incorporated Into and made a part of this Agreement. Buyer agrees to purchase from the Seller and the Seller agrees to sell to the Buyer the Property under the terns and conditions set forth in this Agreement. 3. PURCHASE PRICE AND PAYM XTS 3.01 Purchase Price. The Plarchase Price for the Property shall be r xz 3.02 First Deposit. Upon execution of this Agreement, Buyer shall deposit with the Escrow Agent, by cash or by wire transfer, the amount of )) (the "First Deposit"), which First Deposit shall bo held in an interest bearing account in accordance with the provisions of Section 15 hereinbelow. The term First Deposit, as used in this Agreement, shall include all interest earned thereon. At Closing, Buyer shall receive a credit against the Purchase Price for the First Deposit. 3.03 Second Deposit. 'Within FORTY FIVE (45) days after the Effective Date, Buyr- shall deposit with the Escrow Agent. by cash or by wire transfer. an additional amount of ) (the "Second Deposit "), which Second Deposit shall be held in an interest bearing account in accordance with the provisions of Section I5 hereinbelow The term Second Deposit, as used in this Agreement, shall include all interest earned thereon. At Closing, Buyer shall receive a credit against the Purchase Price for the Second Deposit. 3.04 Third lagposit. Within two (2) days after the expiration of the Inspection Period if Buyer has not elected to terminate this Agreement in accordance with Paragraph 13 hereof, Buyer shall deposit with the Escrow Agent, by cash or by wire transfer " an additional amount of (the "Third Deposit "), which Third Deposit sl1al1 be held in an interest bearing account in accordance with the provisions of Section 15 hereinbelow. The term Third Deposit, as used in this Agreement, shall include all interest earned thereon. At Closing, Buyer shall receive a credit against the Purchase Price for the Third Deposit. If the Buyer does not terminate this Agreement prior to the WPBD= 7229403 5 3 t 08/24/2006 11:31 IFAX DANIELLE* DEN DEVR.COM *CKY 1A 004/032 ' expiration of the Inspection Period, the First Deposit, the Second Deposit and the Third Deposit, including all interest earned thereon, shall be non - refundable to Buyer for any reason, except in the event of Seller's refusal to close on the transaction contemplated by this Agreement or other material default by Seller. The First Deposit, Second Deposit, and Third Deposit as and when deposited with Escrow Agent shall be sometimes referred to as "Earnest Money Deposit". 3.05 Balance of Purchase Price. The balance of the Purchase price in the amount of 1), plus or minus proradons, reimbursements, apportionments and adjustments as provided herein, shall be paid by Buyer to Seller at Closing, in cash, by cashier's check, or by confirrned wire transfer of funds. d. TTTLE INSURANCE 4.01 Title Insurance. Within thirty (30) days from the Effective Date, Buyer shall i obtain a title insurance commitment together with copies of each of the Schedule B41 title exceptions referred therein (the "Commitment'), issued by Buyer's attorney as agent for the Title Insurance Company, committing the Title Insurance Company to insure Buyer's title to the Property. The Commitment and resulting title insurance policy (the °Policy") shall be in the amount of the Purchase Price. The cost of the Commitment and the Policy shall be paid by Buyer at Closing. The Commitment and Policy shall be in an ALTA standard form as currently ' authorized and approved by the Insurance Commissioner of the State of Florida. Buyer shall also obtain a current UCC search of the Property within thirty (3 0) days from the' Effective Date . Such UCC search shall show no liens on any of the personal property being conveyed herein. Buyer or Buyer's attorney shall give written notice to the Seller of any objections by the Buyer to the title within thirty (34) days after receipt of the Commitment and the UCC search. The Buyer shall not be required to make objection to the existence of any mortgage lien, materialmen or mechanic's lien, assessment lien or any other lien encumbering all or any part of the Property, all of which are hereby deemed to have been objected to by Buyer and all of which shall be paid in full at or prior to Closing. After due notice, Seller shall have a reasonable time, not to exceed fifteen (15) days, to cute any title defect and, if necessary, the Closing shall be delayed for that period. If Seller, after using all due diligence and best efforts, fails to cure any title defect as to which due notice is given, Buyer shall have the option to terminate this Agreement and to notify Seller that Buyer will not proceed with the purchase, whereupon this Agreement shall terminate and the Buyer shall be repaid the Earnest Money Deposit; or (ii) accept title subject to such defects without reduction in the Purchase Price. The Property shall be sold, and good, marketable and insurable title thereto conveyed. The Property shall be sold and conveyed subject only to those matters' described in the Title Commitment and the UCC search to which the Buyer has not timely objected as specified above. Such title matters are herein referred to as the `TermRW Encumb=ccs". Within fifteen (15) days prior to the date of Closing, Buyer may obtain a written endorsement (the `Endorsement) to the Commitment. The Endorsement shall revise the effective date of the Commitment to a date not earlier than fifteen (15) days prior to the date of Closing. If the Endorsement shows any new exceptions to title, Buyer shall have until five days WPBD= 7229403 5 4 ,"08/24/'2008-11:31 IFAX DANI'ELLE16DEMDEM COM #CKY tAJ005 /032 after receipt of said Endorsement to object thereto and in the event of objection, the preceding terms of this Article 4.1 shall apply. ' 4.02 Affidavits. At CIosing, Seller shall provide Buyer with an Affidavit of No Lien and such additional documentation as is required in such form reasonably acceptable to Buyer's counsel and as is necessary to enable the Title Insurance Company issuing said Commitment to remove the mechanics lien exception thereto and all "standard exceptions" and the "gap" in the Commitment, the exception for parties in possession except for tenants under the Leases, which affidavit shall (i) run to the benefit of Buyer and said Title Insurance Company, (ii) be in form and content acceptable to Buyer and the Title Insurance Company and (iii) contain without ' limitation the following information: That there are no outstanding unrecorded contracts for sale, options, leases (other than those listed on Exhibit "B" , attached hereto) (the "Leases "), or other arrangements with respect to the sale of the Property to any person other than Buyer. That no construction or repairs have been made by Seller nor any work done to or on the Property by Seller which have not been fully paid for, nor any contract entered into nor anything done the consequence of which would result in. a lien or a claim of lien to be made against the ' Property pursuant to Chapter 713, Florida Statutes or otherwise. That there are no parties in possession of the Property being conveyed other than Seiler other than pursuant to the Leases. 4.03 Endorsements. Buyer, at Buyer's expense, shall cause the Title Insurance Company to issue such endorsements to the Commitment and Policy which shall be required by either Buyer or Buyer's mortgagee. t issue at 4.04 Mortgagee's Po1fCV. Buyer may cause the Title Insurance Company o ss Buyer's expense a title insurance policy in favor of Buyer's mortgagee at simultaneous issue rates. Buyer shall provide the Title Insurance Company with the information required to issue such mortgagee's title insurance policy. S. CLOSING 5.01 Closin . The Closing shall take place within forty -five (45) days after the expiration of the Inspection Period, as defined in Section 13, subject to any other provision contained in this Agreement for the delay or postponement of Closing, The exact time and place for Closing shall be mutually agreed to by the parties; if no mutually agreeable time and place is set, the time for Closing shall be at noon on the last day therefor in the office of the Escrow Agent. Seller shall convey fee simple title to the Property by Warranty Deed (the "Deed "), At either party's election, the CIosing may be conducted as a "Mail away" escrow closing with the items to be delivered by Seller and Buyer under this article being delivered by the parties on or before the Closing Date to the agent for the 'Title Insurance Company as escrow agent to be held in escrow. 5.02 Closi na Costs. wPBDWS 9228403 5 1 1� 08/24/2006 11:31 IFAX OANIELLEODEMDEM COM WKY IM 006/032 (1) Seller: Seller shall pay Seller's attorney's fees, recordation fees for the warranty deed, the commission payable to Sheriar Khorsandian of Grubb -EIlis Commercial Florida ( "Seller's commission") in an amount equal to 2% of the Purchase Price and normal pro. ratable, items to be prorated as of the date of closing as provided in Section 7 hereinbelow. Seller shall pay the cost of recording any corrective instruments. (2) Buyer: Buyer shall pay for the documentary stamp taxes and surtax due on the deed, the cost of the Commitment, the cost of the title insurance premium to issue the Policy, recording Costs on the deed, and stamp taxes and recording fees related to any notes, mortgages and financing statements regarding financing of the Purchase Price. Buyer shall also pay Buyer's own attorney's fees, if any, and any and all other brokerage commissions or finder's fees payable, or asserted, arising out of this transaction excepting only the Seller's commission, including but not limited to those commissions due to Lil Hanson at Grubb -Ellis Commercial Florida ("broker "), pursuant to separate agreement between Buyer and broker. 5.03 Documents to be Delivered by Seller at Closing. At the time of Closing, the Seller shall execute and deliver or cause to be delivered to Buyer executed originals of the following documents; (1) The Deed. A general warranty deed, executed by Seller, in recordable form, conveying fee simple title to the Property to Buyer, free and clear of all claims, liens and encumbrances excepted for the Permitted Exceptions. (2) Bill of Sale. A quitclaim assignment and bill of sale, executed by Seller, In recordable form, assigning, conveying and warranting to Buyer title to all Personal Property on the Property, if any, free and clear of all claims, liens and encumbrances. (3) Assignment of Leases and Assumption Agreement. An assignment, executed by Seller, in recordable form, assigning and conveying to Buyer the Leases including the right to collect delinquent rents, together with an agreement by Seller to defend, indemnify and hold Buyer harmless from and against any and all claims, damages, losses, costs and expenses (including attorneys' fees at trial and appellate levels) arising out of or in connection with the Leases which relate to the period of time prior to Closing, including, without limitation, claims for the return of security deposits held under Leases which have not been credited to Buyer at Closing and claims for any Florida State sales tax due and payable in connection with the Leases. The parties stipulate that this paragraph, and any outer provision of this Agreement shall have absolutely no effect upon a prior lease which Seller had with Winn- Dixie, or any other tenant who is no longer in possession of any portion of the Property as of the Effective Date ("Previous Tenants"), and the Seller shall be entitled to seek and collect delinquent rentals and other remedies against any such Previous Tenants and the prior leases and agreements between the Seller and any Previous Tenant shall not be assigned to the Buyer nor shall the Buyer have or obtain any rights in any such leases or agreements. (4) A quitclaim assignment, executed by Seller, in recordable form, assigning, conveying and warranting to Buyer title to the Service Contracts, any and all guarantees and warranties used or made in connection with the operation, construction, improvement, alteration or repair of the Property, if any. (5) Keys to all locks located on the Property. wrspocs 72s403 5 6 I. I'08/20008 11:31 IFAX BAN IELLEOENQEVO. CON � I 1 *KY (M 007/032 (6) An affidavit, executed by Seller in recordable form, and certifying, if true, that there have been no Iabor, materials or improvements provided or fiunished to the Property within the preceding ninety (90) days of Closing which have not been paid for in full and that no person or entity has alien or right to lien the Property. The affidavit shall also state that, except for tenants under Leases or month-to—month tenancies, Seller is in sole possession of the Property. (7) Letters executed by Seller and its management agdnt addressed to tenants under Leases, in form and content provided by Buyer, notifying and directing payment of all rent and other sums due from tenants under Leases after the Closing date be made to Buyer or at its direction. (8) A rent roll, prepared as of the Closing date, cettified to be true and correct to the best knowledge of the Seller in all respects through the CIosing date. Buyer acknowledges that the Rent Roil will be prepared by Seller's managing agent for the Property, Grubb - Ellis, and not by the Seiler and that Seller has no reasonable way of auditing or investigating, and has not and will not independently investigate the accuracy of the Rent Roll, Nevertheless, the Seller represents to the Buyer that it has no reason to suspect that the Rent Roll will not be complete and accurate. The rent roll shall include, without lim=itation, the monthly rent due under each Lease, the amount of security deposit hold under each Lease, the date of expiration of each Lease (including, all options to renew the term of each Lease), the amount of any prepaid rent or other charges, whether or not all payments duc under each Lease have been received by Seller to date. Seller's certification of the Rent Roll will include a statement that to the best knowledge and belief of Seller there are no outstanding Leases affecting the Property other than as stated in the Rent Roll. (9) A closing statement. (10) To the extent in Seller's possession, all originals or copies of plans and specifications, permits, licenses, authorizations, surveys, drawings, engineering and architectural data, guarantees, warranties, certificates of occupancy, real estate and personal property tax bills, Insurance Policies (if transferred to and assumed by Buyer), copies of any reports or $fad=es (including inspection reports of governmental authorities and insurance carriers), Service Contracts, Leases, and any other materials in Seller's possession related to the purchase and sale hereunder, if any. (11) Any and all documents as may be reasonably requested by the Title Company in order to issue the Policy to Buyer insuring Buyer's interest in the property. (12) Any and all other documents as may be reasonably requested by Buyer in order to transfer title to arty of the Property described in paragraph I of this Contract. (13) If Seller is not a "foreign person" as defined in Section 1445(f)(3) of the Internal Revenue Code of 1954, as amended (the "Code ") and the rules and regulations promulgated from time, to time by the Internal Revenue Service ( "IRS "), a "non - foreign" affidavit, executed by Seller in recordable form, containing such information as is required under the Code and the rules and regulations thereto to evidence Seller's status as such, wpsflocs T2H4 a s 7 08/24/2008 11:31 IFAH DANIEL'LEIDDEMDEM COM *CKY 1x008/032 (14) An affidavit, executed by Seller in recordable form, certifying that the representations and warranties set forth in paragraph 6 hereof remain true and correct as of the Closing Date, to the best knowledge and belief of the Seller. . (15) Tenant estoppel letters with respect to the Leases which the Seller or its manager have been able to secure using their best efforts. To the extent Seller is unable to obtain a tenant estoppel letter for a particular tenant, Seller shall provide a Seller's Certificate to Buyer in a form reasonably acceptable to Buyer, The form Tenant Estoppel Letter and Seder's Certificate are attached hereto as Exhibit "D" and Exhibit "E", respectively. (16) Such other documents as may be reasonably required to be executed and delivered to complete the transaction contemplated hereunder. All documents must be in a form reasonably satisfactory to Buyer and Buyer's legal counsel. Seller shall deliver copies of all documents to be delivered by Seller at Closing to Buyer's attorney, if applicable, not less than ten (10) days prior to Closing. 6. WARRANTIES AND REPRESENTATIONS 6.01 Seller's Warranties. Seller hereby warrants, represents and covenants (which warranties, representations and covenants shall be effective as of the Effective bate and at Closing), the following: (1) The Seller owns fee simple legal and beneficial title to the Property, free and clear of all liens and encumbrances, mortgages, security agreements, licenses, claims, options to purchase, liens, covenants, conditions, judgments, easements and other matters affecting title, except for the Permitted Exceptions. (2) Seller has no actual knowledge that there are special assessments against or relating to the Property. (3) That to Seller's best knowledge, without independent investigation, no goods or services have been contracted for or furnished to the Property which might give rise to any mechanic's liens affecting all or any part of the Property, that will not be paid at Closing. (4) That Seller has not entered into any outstanding agreements of sale, options or other rights of third parties to acquire an interest in the Property. (5) That Seller has not entered into any agreements which are not of record with any state, county or local governmental authority or agency with respect to the Property, other than those listed in Exhibit "B" — Leases or in Exhibit "C "- Service Agreements. (6) That to tho Seller's best knowledge, without independent investigation, neither the Property nor Seller is in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or agency, or any remedial or other obligations under any applicable laws, rules or regulations pertaining to health or the environment, including without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA "), as amended fram time to tune, also known as "Superf ind," the Federal Resource Conservation and Recovery Act of 1976 WPBboC9 7228409 5 8 - 1 ' 06/24%2006 11:32 IFAX OANIELLEIODEM0EVO.CON 40 CKY IM009/032 ( "RCRA "), as amended from time to time, and the State of Florida's 1974 Resource Recovery and Management Act ("RRMA "), as amended from time to time. Further, that there are no facts, conditions or circumstances known to Seller which could result in any such investigation or injury if such facts, conditions and circumstances, if any, were fully disclosed to the applicable governmental authority. Further, that Seller has not obtained and is not required to obtain any permits, licenses, or similar authorizations to construct, occupy, operate or use any buildings, improvements, fixtures or equipment in connection with. the Property, or improvements constructed or to be constructed by reason of any environmental laws, rules or regulations, including without limitation, CERCLA, RCRA, or RR.MA. Further, that Seller has not, and no one to Seller's knowledge has, disposed of or released any oil, toxic substance, hazardous substance, solid waste, wastes, or other contaminants on the Property, and Seller agrees that Seller will not, in Seller's use of the Property, dispose of or release any oil, toxic substance, hazardous substance, solid waste, wastes, or any other contaminant on the Property (the terms "hazardous substance" and "release" shall have the meanings specified in CERCLA, the terms "solid waste" and "disposal," "dispose" or "disposed" shall have the meanings specified in RCRA, and the terms "wastes" and "contaminant' shall have the meanings specified in RRMA, except that if such acts are amended or other rules, regulations or statutes are enacted to broaden the meanings thereof the broader meaning shall apply to this Agreement). (7) That to the best of its knowledge, there are no pending or threatened 1' condemnation or similar proceedings affecting the Property. Seller shall notify Buyer in writing of any changes affecting this representation prior to the CIosing. i i' (8) That to the best of its knowledge, there are no violations of any law, statute, regulation, code or ordinance with respect to the Property. ' (9) That there is no litigation or administrative proceeding pending and to Seller's best knowledge, there are no such litigation or proceedings threatened which might affect the Property. (14) Intentionally Omitted. {11) That to Seller's best knowledge, the present use, occupancy and condition of the Property does not violate any applicable deed restrictions or agreements, site plan approvals or subdivision regulations applicable to the Property. (12) That to Seller's best knowledge, without independent investigation, the Property is not in violation of law or municipal ordinances or zoning, building, fire, water, use, health. environmental or other statute, ordinance, code or of federal, state, county or municipal or other governmental agency regulations, orders or requirements relating to the Property and Seller has not received any notice of violation, and has no actual expectation that any such notice may or will be entered or delivered. (13) That to Seller's best knowledge, without independent investigation, there is no action or proceeding pending to revoke the present zoning for the Property, or governmental investigation pending which relates to the present zoning and, to the best of Seller's knowledge, there is no basis for any such action. Seller will use its best efforts during the period prior to Closing to maintain the present zoning of the Property. Seller has not received wt'BDWS 7228403 5 9 08/24/2006 11:32 IFAX DANIELLE &EMDEVG.COM *KY la 010/032 any notice of change of zoning, and has no actual expectation that any such notice may or will be entered or delivered. (14) Seller has the legal power and authority to own, to enter into this Contract and to convey the Property without the need for consent or joinder of any beneficiary or other person or entity. This Contract, upon execution by Seller, shall be binding upon Seller in all respects and constitute Seller's valid and enforceable obligations hereunder. Any instruments to be delivered by Seller to Buyer at Closing shall likewise be valid, binding and enforceable against Seller. (15) The execution and delivery of this Contract and the consummation of the transaction contemplated hereby does not violate any trust agreement or other agreement or instrument to which Seller is a party, or which encumbers the Property and does not violate provision of law or any applicable ,judgment, order or decree of any court or governmental agency having jurisdiction over Seller or the Property, or which may constitute (with notice and/or lapse of time) a default under any agreement or instrument to which Seller or the Property is bound. (10 Fxcept as provided in the zoning for the property and all related rules, ordinances, statutes, regulations, orders and the Permitted Exceptions, Seller has no actual knowledge of any restrictions, prohibitions or conditions which would limit vehicular and pedestrian ingress to and egress from the Property. (17) Seller has not received notice, nor does Seller have any knowledge, of any default or breach by Seller of any covenant, condition, restriction, right of way or easement affecting the Property. 7. PRORATIONS The following reimbursements, apportionments and adjustments with respect to the PropeM shall be made at the time of the Closing as of the Closing date. Seller shall be entitled to all income from the Property attributable to the operation thereof prior to, but not on or after, the Closing date, and shall bear all expenses attributable to the Property prior to the Closing date, and Buyer shall be entitled to all such income and shall bear said expenses on and after the Closing Date. (1) Real estate and personal property taxes, rent, insurance, amounts payable to employees, agents, independent contractors or under Service Contracts, water, sewer, electric, gas, telephone and other utility charges (to the extent practicable) special assessments, escrow deposits thereunder and other expenses and revenues of the Property shall be prorated as of the date of Closing. F.I.C.A., employee benefits (such as vacation or sick pay) and employee taxes relating to the period prior to CIosing shall be paid by Seller exclusively at or prior to Closing and Seller shall provide evidence of such payments. AD reimbursements, apportionments and adjustments shall be based .upon a 365 day year. If the Closing date shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to the latest assessed evaluation. The parties agree that in the event there is a difference of 10% or more between the actual tax amount and the amount upon which the wpanocs :=403 3 10 - '08/24/ 008 11:32 IFAX DANIELLE 0EMDEUf.COM �KY l�j01i1032. pro- ration was based, then and upon receipt of the actual tax bill, real estate taxes shall be re- prorated and readjusted within ten (10) business days after a written request from the party seeking readjustment, (2) Rents and other charges due under Leases which are not current at Closing shall not be prorated. After Closing, Seller shall not be permitted to take any action against any tenant, except the previous Tenants, owing delinquent rent, to collect delinquent rents or other sums owed to it. After Closing, amounts received by Buyer from any tenants who were delinquent in payments to Seller as of the Effective Date, including the Previous Tenants, shall be immediately paid by Buyer to Seller. The provisions of this paragraph shall survive Closing. (3) Seller shall credit Buyer die amount of all prepaid rent for any month after the month in which the Closing occurs, (4) Seller shall credit to Buyer all sums paid by tenants under the Leases as security deposits which are still being held by Seller's Agent in escrow, unless the tenants are in default as of the closing date to the extent provided for in Lease and under law, in which event the security deposits shall be retained by Seller up to the amount of monies owed to the Seller as of Closing. Any excess shall be credited to the Buyer. (5) Seller and Buyer shall prorate any other amount or credits due tenants under any Lease. (6) Commissions of leasing and rental agents for any Lease entered into before the Closing shall be paid exclusively by Seller at or prior to Closing. 3. ASSESSMENTS Certified, confirmed and ratified special assessment liens as of the date of Closing shall be paid by Seller. Pending liens as of the date of Closing shall be assumed 'by' Buyer, provided, however, that where the improvements have been substantially completed as of the date of Closing, such pending liens shall be deemed certified, confirmed and ratified and Seller, at Closing, shall be charged an amount equal to the amount of such assessment. 9. SURVEY Seller, within 7 days from the Effective Date of this Agreement, shall deliver to Buyer copies of all existing "as built" surveys relating to the Property in Seller's possession or control, if any, ("Prior Survey"). Buyer, at Buyer's expense, may have the Prior Survey updated or may obtain its own survey (the "Buyer's Survey"), in a form acceptable to the Buyer. If Buyer does not have the Prior Survey updated and the Buyer does not obtain its own survey, the Buyer shall have no right to object to any conditions of title that would have been disclosed by an accurate survey of the Property. If the Prior Survey or Buyer's Survey discloses an encroachment, setback violation, or any other state of facts which would necessitate an exception in the Policy, such matters stroll be deemed title defects to be cured in the manner and by the dates described in Article 4 above. 10. SELLER'S COOPERATION; FLANS, TECHNICAL DATA, LEASES WPBDOCS 7228403 5 11 ' 08f24/2006 11:32 IFR7f DANIELLE DDEMDEVs.CoM -OKY 1@012/032 AND CONTRACTS 10.01 Cooperation. Provided that there is no cost or liability to Seiler (other than copy ' costs), Seller agrees that Seller or Seller's authorized agents or attorneys, will, within 14 days after the Effective Date, deliver to Buyer copies of all Leases, Service Agreements, engineering plans and technical data including but not limited to all sewer, water, grading, drainage and paving plans, surveys and all letters, applications, permits or licenses from applicable governmental agencies prepared by or for, or in the possession, custody or control of Seller, pertaining to development and use of the Property, if any. The parties agree that this obligation shall cease as of `the fourteenth day after the Effective Date, and if Buyer deems the suppIy of information insufficient of deficient or defective in any respect, Buyer's sole and exclusive remedy, which must be exercised prior to the expiration of the fourteenth day following the Effective Date, shall be to terminate this Agreement and receive a refund of the Deposits ' theretofore paid. If the Buyer does not elect to terminate the Agreement as aforesaid, the Buyer shall be conclusively deemed to have waived any defect or noncompliance by the Seller of the terms and provisions of this Paragraph. 10.02 Land Use Amprovals, Seller acknowledges and agrees that Buyer may seek land use approvals ( "Approvals` � from all applicable governmental agencies for Buyer's Intended Use of the Property prior to Closing. Seller shall fully cooperate with Buyer in obtaining said Approvals, including, but not limited to, executing any and all applications and governmental request in obtaining any and all licenses, authorizations or other governmental approvals. Buyer shall deliver to Seller copies of all correspondence, materials, applications, and supplemental materials relating to the Approvals, Buyer shall also provide Seller with copies of all communications from applicable governmental authorities, including requests for additional information and materials and notices of hearings. Seller's obligation to cooperate as to the Approvals shall not require Seller to assume any liability or financial obligation or to incur any costs or expenses in doing so. 11. EMINENT DOMAIN If, prior to the Closing date, any or all of the Property shall be condemned or taken by any governmental or quasi - governmental authority under its power of eminent domain or if proceedings for such condemnation or taking shall be commenced, the Buyer, at Buyer's option, to be exercised by written notice within 20 days of Buyer receiving written notice of such condemnation, may either cancel this Agreement and receive the return of the Earnest Money Deposit, or agree to close this transaction in which event the Seller shall assign all awards from the eminent domain proceedings or settlements to the Buyer. 12. ACCESS TO PROPERTY 12.01 _Rtaht of Entry. The Seller hereby grants to the Buyer and Buyer's agents, servants, employees, contractors and representatives, from and after the Effective Date through Closing, a right of entry upon the Property for the purpose of snaking surveys, engineering, surface and subsurface soils tests and analysis inspections and tests of or pertaining to the development and any and all other use of the Property, Buyer shall indemnify, defend and hold Seller harmless from and against any costs, damages, claims or liability as a result of or arising out of such activities. In the event this transaction fails to close, Buyer shall restore the Property to the same condition, wear and tear excepted, as existing on the date of this Agreement. wvsoocs =9403 5 12 ' 09/24/2008 11:32 IFAM DANIELLELIDEMBEUG.COM KY [a 013/032 12.02 Possession. With the exception of those in possession pursuant to the Leases, Seller shall deliver sole and exclusive possession of the Properly to Buyer as of the date of Closing. 13. PROPERTY INSPECTIONALEASES 13.01 Inspection Period. For and in consideration of the sum of s and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees that Buyer shall have Seventy -five (75) days after the Effective Date (the "Inspection Period ") to conduct a complete inspection of the Property and conduct or make stick engineering, surface and subsurface soils and all other inspections, tests, surveys or studies, of or pertaining to the development, the construction or use of the Property, including, but not limited to, (i) the improvements contained on the Property have been constructed in accordance with all governmental requirements and in accordance with the plans and specifications therefor; (ii) the improvements have been constructed in a good and workmanlike fashion and are structurally sound; ( iii) the roofs upon said improvements are free from leaks and damage; (iv) there is no termite infestation or damage; (v) all electrical, mechanical, plumbing, air conditioning and heating systems (including those serving individual apartments and appliances therein) are in good order, properly installed and constructed and are ' adequate to serve the Property and the improvements therein; (vi) market studies of the Property indicate that same may be used in the manner in which Buyer intends and obtaining Approvals for Buyer's Intended Use; (vii) the soil condition of the Property ; (viii) environmental audit or other evaluation; and (ix) such other matters as Buyer may elect, including an examination of all licenses, permits, approvals, sewer services, water services, commitments for utilities, impact fees and assessments, moratoriums, laws, ordinances, zoning polioy changes, tax credit approvals and any and all additional studies or tests deemed necessary by Buyer. In the event the Buyer determines in its sole and absolute discretion that the Property is not suitable for Buyer use, the Buyer may cancel and terminate this Agreement for any reason whatsoever by notifying the Seller by 5.00 p.m. on the last day of the Inspection Period and, thereafter, -obtain immediate return of the Earnest Money Deposit. Notwithstanding the above, Buyer agrees that Buyer shall do nothing which will impose a financial obligation upon Seller or otherwise materially change, modify, alter, reduce or enlarge any right or obligation relating to the Property which would be binding upon Seller in the event Buyer fails to close upon the Property. Within 7 days of Termination, Buyer shall deliver to Seller copies of all boundary surveys and environmental assessments concerning the Property which, during the Inspection .Period, have been: (i) paid by and (ii) prepared for Tandem Development Croup, LLC. Notwithstanding the foregoing, Buyer shall not be obligated -to deliver to Seller any reports, surveys, analysis, market studies, environmental assessments or any other reports or studies concerning the Property that were provided to or generated for the benefit of Wal -mart or Kimco Realty or their affiliates, or employees, agents and independent contractors of the foregoing. This provision shall survive the Termination, and the failure of the Buyer to comply with the document delivery requirement shall entitle the Seller to seek a judgment for damages for the Buyer's default in the amount of V 1s; the parties stipulating that the actual damages which Seller will suffer if the Buyer defaults in this covenant are beyond reasonable calculation at this time and the parties live liquidated any such damages in the amount of ). Upon such refund of the Earnest Money Deposit, this Contract shall terminate and no party hereto shall have any further rights or obligations hereunder. WPDDO" 722M3 5 13 ' 08/24/2006 11:32 IFAX DANIELLEODEMDEV8.00M 7 L N OKY Q 014/032 During the Inspection Period, Buyer shall have the right to freely confer with Seller's employees, agents and independent contractors for purposes of determining the matters described herein, so long as same shall not unreasonably interfere with their duties to Seller or the Property, Seller will instruct its employees, agents and independent contractors to assist Buyer in Buyer's inspections. Buyer stipulates and agrees that no such person is authorized to speak on behalf of the Seller or to make any representation or warranty whatsoever concerning any subject that would be binding upon the Seller, and that no information received by Buyer from any such person shall b� relied upon by the Buyer for any reason whatsoever, nor shall same constitute an express or implied representation or warranty of Seller. Buyer also stipulates that other than the express representations and warranties set forth herein, Seller is making absolutely no representations or warranties to the Buyer of any kind whatsoever and that the Buyer is purchasing the Property "AS -IS, 'WHERE -IS, WITH ALL FAULTS ", and to the extent legally possible the Buyer hereby expressly releases the Seller from any obligation which might be imposed by law to disclose to the Buyer and knowledge the Seller may possess concerning the Property and that the rule of "Caveat Emptor" shall apply to this transaction. 13.02 Leases and Senice Agreements. From and after the Effective Date hereof and for so long as Buyer is not in default hereof and while this contract is valid and enforceable, Seller agrees not to enter into any new leases or service agreements, nor shall Seller renew, extend or in any way revise the Leases or Service Agreements, without prior written approval from Buyer, which Buyer may withhold in its sole discretion. During the Inspection period, Seller shall cooperate with the Buyer in its efforts to obtain written estoppel certificates, in form reasonably acceptable to Buyer, from the current temts of the existing shopping center. The Buyer acknowledges however that Seller does not represent, warrant or covenant that estoppel certificates from all, or any, tenants will be obtained and the failure to secure any such certificates shall not be deemed as a failure of any condition precedent to this Agreement or a breach hereof, 13.03 Uther Covenants.. Seller covenants and agrees that pending the Closing, Seller shall and will! (1) Maintain the Property in substantially the same condition upon which it exists on the date of this Contract, reasonable wear and tear excepted, free and clear of all liens, (2) Not, without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed, dispose of any property of Seller situate on the Property, or allow the same to be removed from the property, except when necessary in the ordinary course of business to repair or maintain the same. (3) Permit the Buyer to meet and'communicate with tenants of the Property concerning the Leases, Lease matters and the Property, (4) Not permit any part of the Property or any interest therein will be alienated, liened, encumbered or otherwise transferred or hypothecated. (5) Not permit any part of the Property to be used for the storage, generation, release, treatment, discharge, emission, handling, transportation or disposal of Toxic Materials. Seller shall comply with all Environmental Laws and provide to Buyer copies of any complaint, WPBDXS 722M3 5 14 08/24/2006 11:32 IFAX DANIELLEODENDEVG -CON .*KY IM 015/032 ' order, citation or notice relating to Toxic Materials or Environmental Laws, Seller shall also permit Buyer or its representatives reasonable access to the Property for inspection of the foregoing. 13.04 Conditions Precedent. Notwithstanding anything to the contrary herein, Buyer's obligation to close this transaction is conditioned specifically upon the fulfillment of the ' following conditions precedent: (1) Seller shall have, and shall convey to Buyer, good and marketable title to the Property, free and clear of all liens and encumbrances except for the Permitted Exceptions. Title to the Property shall be insurable at regular rates by a title insurance company duly licensed to practice in the county in which the Property is located. ' (2) There shall be no suit, action, proceeding or investigation pending, at law or in equity, before any federal or' state court or any governmental department, commission, board, bureau or instrumentality against Seller which would affect Seller's ability to transfer title to the Property to Buyer or which mlght constitute or become a lien and encumbrance upon the Property or any portion thereof, (3) There shall be no violation of any agreement, covenant or restriction affecting title to the Property or any portion thereof, which would affect Seller's ability to transfer title to the Property to Buyer or which might constitute or become a lien and encumbrance upon the Property or any portion thereof: (4) Seller shall have complied with all covenants to be performed by Seller hereunder and the representations and warranties of Seller set forth Section 6.01, subsections (1), (4), (5), (9), (14) and (15) all shall be true and correct as of the Closing Date.. (S) There has been no discharge of toxic materials to the Property since the environmental audit (if any). (6) In the event any of the foregoing conditions precedent are not fulfilled, Buyer shall, in addition to any outer rights and remedies, have the option of: (i) waiving the condition and closing without reduction in the Purchase Price; (ii) extending the Closing for a period not to exceed thirty (30) days, during which time Seller shall have the obligation to fulfill such condition; or (iii) canceling this Contract by written notice to Seller, in which event all earnest money deposits made hereunder shall be returned to Buyer, together with all interest earned thereon, whereupon the parties shall be relieved from all further obligations hereunder, except to the extent that Seller is in default under the terrns of this Agreement and to the extent of any provisions hereof which survive any Termination hereof. 14. REMEDIES 14.01 Default, In the event of a material default by the Seller, the Buyer shall have the right at law or equity, in addition to any other rights and remedies of Buyer hereunder, to (i) seek and obtain specific performance of this Contract; or (ii) receive the return of all earnest money deposits together with interest thereon, and to seek dames resulting from Seller's breach. In the event that Buyer fails to close this transaction for any reason other than Buyer's termination hereof prior to the expiration of the Inspection Period or Seller's material default, thq Seller shall wraoocs 7"84W ,S 15 ' 06/24/2006 11:33 IFAX DANIELLE90EMDEVO.COM �1 !u - *KY 1M 016/032 have, as Sellers sole and exclusive remedy, the right to retain the Earnest Money Deposit as liquidated damages. The Buyer and Seller hereby acknowledge that it is impossible to more precisely estimate the damages to be suffered by Seller upon Buyer's default and the parties expressly acknowledge that retention of the Earnest Money Deposit is intended not as a penalty but as fully liquidated damages, Seller's right to retain the Earnest Money Deposit as full liquidated damages is Seller's sole and exclusive remedy in the event of a default hereunder by Buyer and in consideration of Seller's retention of the Earnest Money Deposit, Seller hereby waives and releases any right, and hereby covenants that Seller shall not sue Buyer (a) for specific performance of this Agreement or (b) to prove that Seller's actual damages exceed the Earnest Money Deposit. IS. Risk of Loss. IF THE IMPROVEMENTS PRESENTLY CONTAINED IN THE PROPERTY ARE DAMAGED BY FIRE OR OTHER CASUALTY PRIOR TO CLOSING BUT CAN BE RESTORED TO SUBSTANTIALLY THE SAME CONDITION AS NOW WITHIN A PERIOD OF SIXTY (60) DAYS THEREAFTER, SELLER SHALL HAVE THE OPTION, AT ITS SOLE DISCRETION, TO RESTORE SAID IMPROVEMENTS AND THE CLOSING DATE SHALL BE EXTENDED ACCORDINGLY, IF SELLER DECLINES TO RESTORE THE PROPERTY BUYER SHALL HAVE THE OPTION OF: (1) TATTING THE PROPERTY AS IS TOGETHER WITH ALL INSURANCE PROCEEDS PAID FOR PHYSICAL DAMAGE TO THE IMPROVEMENTS OR THE TANGIBLE PERSONAL PROPERTY WHICH COMPRISE THE PROPERTY; OR (11) CANCELING THIS AGREEMENT, IN WHICH EVENT ALL EARNEST MONEY DEPOSITS SHALL BE FORTHWITH RETURNED TO BUYER TOGETHER WITH INTEREST AND ALL PARTIES SHALL BE RELEASED FROM ALL FURTHER OBLIGATIONS AND LIABILITY HEREUNDER 16. ESCROW AGENT 16.01 Duties, It is agreed that the duties of the Escrow Agent are only such as are specifically provided herein being purely ministerial in nature, and that the Escrow Agent shall incur no liability whatsoever except for willful misconduct or gross negligence, so long as the Escrow Agent has acted in good faith, The Seller and Buyer release Escrow Agent from any art dome or omitted to be done by the Escrow Agent in good faith in the performance of the Escrow Agent's duties hereunder. 16.02 Responsibilities. The Escrow Agent shall be under no responsibility in respect to the Earnest Money Deposit other than faithfully to follow the inst ctions herein contained. The Escrow Agent may advise with counsel and shall be fully protected in any actions taken in good faith, in accordance with such advice. The Escrow Agent shall not be required to defend any legal proceedings which may be instituted against the Escrow Agent in respect to the subject matter of these instructions unless requested to do so by Seller and Buyer and is indemnWied to the satisfaction of the Escrow Agent against the cost and expense of such defense. The Escrow ' Agent shall not be required to institute legal proceedings of any kind; the Escrow Agent shall have no responsibility for the genuineness or validity of any document or other item deposited with the Escrow Agent, and shall be fatly protected in acting in accordance with any written ' instructions given to the Escrow Agent hereunder and believed by the Escrow Agent to have been signed by the proper parties, wrsoocs nn4M 5 16 08/24/2008 11:33 IFAX 0ANIELLE*Et10EVG.00M *kY 1x017/032 ' 1 16.03 Sole Liability. The Escrow Agent assumes no liability under this Agreement except that of a stake holder. If there is any dispute as to whether the Escrow Agent is obligated to deliver the Earnest Money Deposit, or as to whom that Earnest Money Deposit is to be ' delivered, the Escrow Agent will not be obligated to make any delivery thereof, but in such event may hold the Eamest Money Deposit until receipt by the Escrow Agent of any authorization in writing signed by all of the persons having an interest in such dispute, directing the disposition thereof, or in the absence of such authorization, the Escrow Agent may hold the Earnest Money Deposit until the final determination of the rights of the parties in an appropriate proceeding. If such written authorization is not given, or proceedings for such determination are not begurt and ' diligently continued, the Escrow Agent may, but is not required to, bring an appropriate action or proceeding for leave to deposit the Earnest Money Deposit into the Registry of Court pending such determination. In making delivery of the Earnest Money Deposit in the manner provided for in this Agreement, the Escrow Agent shall have no finther liability in the matter. 16.04 Confirmation of Deposit. The Escrow Agent will execute this Agreement at the bottom hereof for the sole purpose of confirming that the Escrow Agent is holding and/or will hold (upon Buyer's deposit) the Earnest Money Deposit in escrow pursuant to the provisions of this Agreement If in the form of cash, the Earnest Money Deposit shall be deposited in an interest bearing account -with interest accruing to the Buyer, unless the Seller shall be entitled to Wain the Earnest Money Deposit pursuant to the terms of this Agreement; in which case, the interest shall accrue to the Seller. 17. MISCELLANEOUS 17.01 No, , hces. Any notice required or permitted to be given hereunder shall be sufficient in writing and sent by registered or certified mail, postage prepaid, or sent by ' expedited courier service, or recognized overnight delivery service, or via telecopy, to the party being given such notice at the address and telecopy number therefore given herein or at such others address as to which notice is given in accordance with the provisions of this paragraph. A copy of any notice to Seller shall also be given to George L. Hayes, Esquire, 4701 Central Ave, Suite A, St. Petersburg, Florida 33713, telecopy no.. 727 -3$1 -9025, Attorney for Seller. A copy of any notice to Buyer shall also be given to Marshall J. Emas Esquire, Shutts & Bowen LLP, ' 200 East Broward Boulevard, Suite 2100, Ft. Lauderdale, Florida 33301, telecopy no. 954 --524- 5506, Attorney for Buyer. Seller's telecopy number is do George L. Hayes, Esquire, telecopy no. 727 -381 -9025. 17,02 En_ tire Agreement. This Agreement is the entire agreement of the parties with regard to the transaction dealt with herein, ' 17.03 Assignment, Buyer may not assign this Agreement without the Seller's prior, written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the forgoing, Buyer will have the right to assign this Agreement to Wal -mart and/or Kimeo Realty, or their affiliates, without Seller's consent. If Buyer assigns this Agreement pursuant to this paragraph 17.03, the Buyer shall be released of any liabilities hereunder by virtue of any such assignment !, 17.04 Time is of the Essence, The parties acknowledge that time is of the essence for each time and date specifically set forth in this Agreement. wesnocs 7228x03 5 17 08/24%2006 11:33 IFAX DAHIE.LLECODEMDEVO.COM CKY 1x018/032 ' 17.05 Modification. The parties acknowledge that this Agreement sets forth the entire understanding between the parties and that this Agreement may be modified or amended only by a written instrument signed by all parties. ' 17:06 Attorney's Fees, In the event of any litigation between the parties arising out of this Agreement or the collection of any funds due the Buyer or the Seller pursuant to this Agreement, the prevailing party shall be entitled to recover all costs incurred, such costs to include without limitation reasonable attorney's fees and paraprofessional fees, also including attorney's fees on appeal and in any bankruptcy proceedings. 17.07 Waiver. No waiver hereunder of any condition or breach shall be deemed to be a continuing waiver or a waiver of any subsequent breach. ' 17.08 Headings. Headings used herein are for convenience only and do not constitute a substantive part of this Agreement. 17.09 Choice of Law. This Agreement shall be governed by the laws of the State of Florida. 17.10 Extension of Time Periods, In the event that the last day of any period of time specified in this Agreement shall fall on a weekend or legal holiday, such period of time shall be extended through the and of the next business day. 17.11 Brokers. Neither Buyer nor Seller has utilized the services of any real estate broker other than Lil Hanson of Grubb Ellis- Commercial Florida who will be paid a commission by the Buyer pursuant to a separate agreement between the buyer and the broker and $heriar Khorsandian of Grubb -Ellis Commercial Florida who shall be paid a commission of 2% percent of the Purchase Price by the Seller. Buyer hereby covenants to indemnify and hold Seller harmless from the claim of any broker claiming a commission or fee through Buyer regarding this transaction. Seller hereby covenants to indemnify and hold Buyer harmless from the claim of any broker claiming a commission or fee through Seller regarding this transaction. 17.12 Radon Disclosure. Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building iu sufficient quantities, may present health risks to persons who are exposed to it over time. 17.13 Life Vind Exchange. Either Seller or Buyer may consummate the sale of the Property as part of so- called like exchange (the "Exchange ") under Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated under such section (collectively, the "Code "). The exchanging party may assign its rights, but not delegate its obligations, under the Contract to a "Qualified Intermediary" as that term is defined in the Code, on or before the Closing Date. The non - exchanging party shall execute such documents and take such actions as may be reasonably required to effectuate the Exchange; provided that: (i) the Closing shall not be delayed or affected by reason of the Exchange nor shall the consummation or accomplishment of the Exchange be a condition precedent or condition subsequent to either party's obligations under the Contract; (ii) neither party shall be required to acquire or hold title to any real property for purposes of consummating the Exchange; (iii) the non - exchanging party shall not incur any liability or expense whatsoever as to the Exchange; and (iv) the exchanging party shall forever indemnify, defend, and hold harmless the non - exchanging party from and wPBD= 722PO3 5 is ' 08/24/ 008 11:33 IFAX DANIELLEOENDEVG. CON 08/24/08 10:15 FAX i J I I KY Q 019./032 0 003 to any real property for purposes of consummating the Exohxnge; (iii) the non - exchanging party shall not incur any liability or expense whatsoever as to the Exchange; and (iv) the exchanging party shall forever indemnify, defend, and hold humlos the non- exchan&g party from and against any loss, cost, liability, damage, or expense (including reasonable attorneys fees and court costs) incurred by the non - exchanging patty in any manner related to the Exchange. The non - exchanging party shall not, by this provision, or acquiescence to the Exchange, (a) have its rights under the Contract affected or dituinished • in any manger, or "'(b) be responsible for compliance with or be deemed to have warranted to the exchanging parry that the Exchange in fact complies with the Code. IN WTTISESS WHEREOF, the parties have horeunto set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence: WITNESS: Print Nance: Print Name. WPUDOM 7228403 5 "SELLER" THE MORGRAN COMPANY, a Florida corporation - ,!., Print N e -D Its: Date; 'BUYW TANDEM DEVELOPMENT C ROUP LLC, a Florida limited liability corn auy By. �- Its: Data, �` A "ESCROW AGENT" gy. ,Esquire Date-- 19 1 1 '1 1 1 1 1 i 08/24/12006 11:33 IFAX DANIELLECIODEMDEVB.CQM CKY [A 020/032 EXHIBIT "A' LEGAL DESCRIPTION J To be attaohed. All Exhibit to he added to the contract including the Seller Deliverables set forth below. ♦t rHDWS 7229403 5 20 r08/24/2008 11:33 IFAX DANI'ELLEJODEMBEU6.COM *CKY IM 021/032 08/24/06 10:16 ]'Alt IM004 MIMIT "V1 Legal ]description Fared 1.A tract of land in the Northeast 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 Fast, located Pinellas County, Florida, and further desed"bed as follows: Begin at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, and run thence North 00' 07'41 "'Nest along the 40 acre line, 30.00 feet; thence ' South 89'26'15" East along a line 30,00 feet North and parallel to the 40 acre line, 50.00 feet; thence North 00'0741" West along a line 50.00 feet Nast of and parallel to the 40 acre line 150.00 feet for a Point of Beginning; thence continue North 00'0741" West along said line 116.11 feet; thence South 89'27158" East, 150.00 feet; thence North 00'0'1'41" West, 150.00 feet; thence North 89'2758" West, 150.00 feet; thence North 00'07'41" West, 32.19 feet; thence South 89'2758" Put, 150.00 feet; thence North 00`07'41" West to a point on the ten acre line,185.00 feet; thence South 89'2758" East along the ten acre line, 465.90 feet to the West line of Suban's Sub.. as recorded in Plat Book 40, Page 32, of the Public Records of Pinellas County, Florida; thence South 00'0725" Bast along the West line of said Suban's Sub., 633.61 feet to a point 30.00 feet North of the 40 acre line; thence North 89'26'15" West along a line 30.00 feet North of and parallel to the 40 acre line, 465.85 feet; thence North 00'0741" West, 150:00 feet; thence North 89'26'15" West, 150.00 feet to the Point of Beginning. Parcel 2: Commence at the Northwest corner of the Northeast 114 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 Fast, Finellas County, Florida; thence South 0'0741" Bast, along the Nest boundary of said Northeast 1/4, a distance of 882.10 feet; thence South 89'27158" East, parallel with the North boundary of the Southwest 114 of said Northeast 114, a distance of 50,00 feet to the Point ofBegiming, saidpoint beiugon theLast right-of-way line offfighland Avenue; thence continue South 89'27'58" Fast parallel with saidNorth boundary, 150.00 feet; thence South 0'07'41" East, parallel with said West boundary, 150.00 feet; theneeNorth 89'27'58" West, parallel with said North boundary, 00.00 fat to a point on said But right -of -way line; thence North 0'0741" West, along said right -of -way Hue 50.00 feet from and parallel with said West boundary, a distance of 150.00 feet to the Point of Beginning and LESS road right-of-way. I� '08/24/2006 11:.33 IFAX DANIELLEODEMDEVO.COM WPMNXS 7228403 3 EXHIBIT "B" LEASES 21 KY la 022/032 N M 0 � m � O N � O Y O V C:f 7 W O W La LU J J LU H cC O M C F-1 Lo C7 n M i r � CO O ' ID O W � N N xi m 7 0 CiDoaw�� rd8rk�sq► Hrp.01I1 Dm� ^MMb�Ngliw:la.i! saMacasw� *VhkW Squ— "pbp Cem- Avjml2098 Rod Rog onvwscplwwbrwK 2 r rr r rr rr rr rr rr r ■r rrs r� rr rr rr r r� rr r� ' 08/24/. 006 11:33 IFAX DANIELLE@SEMDEM CDM KY la 025%032 ' Exuarr T71 SERVICE CONTRACTS I I� l WPSD= 72 M3 5 ' 22 ' 08/24/2006 11:33 IFAX DANLELLE@SEMCEVG.COM ► KY 026/032 08/24/00 10:17 FAX 9 007 i�} Exhibit C- Soevice Cotitl�ais Plgase nose all but one service contract is expired and service Is being done on a MTM basis` Decon Environmental & Engingering, 24 hour emergency responseld(sasterwrvice Expires 1/31/07 Landscaping wTlmd 8119/08. Now MTM Parking Lod Sweeping MTM Fire Sprinkler WM ti ' '08/24/ 006 11:34 IFAX DANIELLE 16DENDEVB.CGM ISTATE OF MMMIT ``D" TENANT ESTOPPEL CERTIFICATE *CKV la 027/032 COUNTY OF ) TO: "Lease" dated , between as "Landlord" and as "Tenant" for "Premises" described - in the Lease as Suite , and which are a part of the "Property" located at , Ladies and Gentlemen: This estoppel certificate and agreement (this "Agreement ") is furnished by Tenant to (the 'Buyer "). Tenant understands that Buyer is relying upon Tenant's statements and agreements in acquiring the Property. This Agreement may also be relied upon by any lender making a loan to be secured by the Property. Tenant represents and certifies as set forth below, 1. A true and complete copy of the Lease, including, if any, all amendments and modifications, is attached as Exhibit "A ". There are no side letters or other arrangements relating to the Premises or the Property. 2. The Lease has not been assigned, amended, or modified in any way, nor have the Premises been sublet in whole or in pert, except for the following [if no exceptions are stated, there are NONE]: 3, The Lease is presently in full force and effect according to its terms and is the valid and binding obligation of Tenant. 4. Neither Tenant nor Landlord is in default under the Lease nor does any state of facts exist which with the passage of time or the giving of notice, or both, could constitute a default under the Lease. 5. The Premises contain � rentable square feet. 6. All conditions under the Lease to be satisfied by Landlord as of the date of this Agreement (including, without limitation, all work, if any, to be performed by Landlord in the Premises or at the Property) have been satisfied, and all contributions, if any, required to be paid by Landlord under the Lease to date for improvements to the Premises have been paid, except as hereafter stated [if no exceptions are stated, there are NONE]: WPBD= 722M 5 23 08/24/2006 11: 34 IFAX DANIELLE &DEMDEVO. COM IOCKY fit 028/032 i I r r 7. Tenant is in possession of the Premises and is fully obligated to pay and is paying the rent and other charges due under the Lease and is fully obligated to perform and is performing all other obligations of Tenant under the Lease, exce t as hereafter stated [if no exceptions are stated, there are NONE]: $. The tenn of the Lease commenced on and exF ires on 9. The Lease does not provide for any payments (including, without limitation, rent credits) by Landlord to Tenant which are presently due and payable, or which are due and payable in the future, except as hereafter stated [if no such payments or credits are stated, there are NONE]: 10. Except as set forth in the Lease, Tenant is not entitled to any discounting, abatement, or offsetting of rents, except as hereafter, stated [if no discounts, aba ments, or offsets are stated, there are NONE]: 11_ The Premises are in good order and repair, reasonable wear and tear excepted, and, to the best of Tenanes knowledge, all conditions under the Lease to be performed by the Landlord have been satisfied. 12. On this date, to the best of Tenant's knowledge, there are no existing defenses or off-sets which Tenant has against the enforcement of the Lease by Landlord, except as hereafter ggitd [if no exceptions are stated, there are NONE]: 13. The base rent being paid under the Lease is S per month ($ per annum). Additional rent for operating expenses or common area maintenance charges payable under the Lease is currently $ per month. 14. All reconciliations of additional rent payments for operating expenses or common area maintenance charges payable under the Lease for all calendar years preceding the current calendar year have been made by Landlord and all payments owed to Tenant on account of such reconciliations have been made to Tenant. 15. Except as hereafter stated, no rent has been paid more than one month in advance of the due date and no security has been deposited with the Landlord [if no advance rents or security deposits are stated, there are NONE]: I6. Tenant shall not make any prepayment of rent under the Lease more than one month in advance of the date when due. 17. Except as hereafter stated the Tenant has no options to extend the Leas *, to lease additional space at the Property, or to purchase any part of the property, and the Tenant has no wpanocs 922x403 5 24 08/24/.2008 11:34 IFAX DANIELLE DEMDEUG.COM OCKV 1&028 /032 i right of refusal as to leasing additional space or as to purchasing any part of the Property [if no options or rights of refusal are stated, there are NONE: 18. Tenant has the right to use a total of parking spaces at the Property of which total - are assigned spaces and are unmsigned spaces. 19. There are no actions, whether voluntary or otherwise, .pending Qr threatened against the Tenant, or any guarantor of the Tenant's obligations under the Lease, under the bankruptcy or insolvency laws of the United States or any similar state laws. 20. This Agreement shall inure to the benefit of Buyer, its successors and assigns (including, without limitation, a purchaser at or after foreclosure), and any lender making a loan to be secured by the Property and sbalI be binding upon Tenant and Tenant's successors and permitted assigns. 21, Upon request, Tenant sha11 also execute an estoppel certificate and subordination agreement acceptable to any lender making a loan to be secured by the Property. DATED and executed (as an instnunant under seal) as of .2004. TENANT: By: Name: Its: Sworn to, subscribed, and acknowledged before me this day of , 2004, by who is personally known to me or who has produced _ as identification. U.MCIAL NOTARLAL SEAL: (Type, print, or stamp name) Notary Public Commission No. My Commission Expires: WPIDDOcs 722a403 5 25 06/24/2006 11:34 IFAX DANIELLESDEMDEVB.COM EXHIBIT "E" SELLER'S CERTIFICATE OCKY @030/032 "Lease" dated , between as "Landlord" and as "Tenant" for "Premises" described in the Lease as Suite and which are , a part of the "Property" located at f�i Ladies and Gentlemen: i ' This Seller's Certificate and agreement (this "Agreement ") is furnished by Landlord to (the "Buyer"). Landlord understands that Buyer is relying upon Landlord's statements and agreements in acquiring the Property. This Agreement may also be relied upon by any lender making a loan to be secured by the property. Landlord represents and certifies, to the best of its knowledge, as set forth below, 1. A true and complete copy of the Lease, including, if any, all amendments and modifications, is attached as Exhibit "A ". There are no side letters or other arrangements relating to the premises or the Property. ' 2. The Lease has not been assignod, amended, or modified in any way, nor have the Premises been sublet in whole or in part, except for the following [if no exceptions are stated, � there are NONE]: 3. The Lease is presently in full force and effect according to its terms and is the valid and binding obligation of Tenant. 4. Neither Tenant nor Landlord is in default under the Lease nor does any state of facts exist which with the passage of time or the giving of notice, or both, could constitute a default under the Lease. S. The Premises contain rentable square feet. 6. All conditions under the Lease to be satisfied by Landlord as of the date of this Agreement (including, without limitation, all work, if any, to be perforated by Landlord in the Premises or at the Property) have been satisfied, and all contributions, if any, required to be paid by Landlord under the Lease to date for improvements to the Premises have been paid, ex as hereafter stated [if no exceptions are stated, there are NONEj: wpspocs M94M s 26 STATE OF ) COLNTY OF } TO: OCKY @030/032 "Lease" dated , between as "Landlord" and as "Tenant" for "Premises" described in the Lease as Suite and which are , a part of the "Property" located at f�i Ladies and Gentlemen: i ' This Seller's Certificate and agreement (this "Agreement ") is furnished by Landlord to (the "Buyer"). Landlord understands that Buyer is relying upon Landlord's statements and agreements in acquiring the Property. This Agreement may also be relied upon by any lender making a loan to be secured by the property. Landlord represents and certifies, to the best of its knowledge, as set forth below, 1. A true and complete copy of the Lease, including, if any, all amendments and modifications, is attached as Exhibit "A ". There are no side letters or other arrangements relating to the premises or the Property. ' 2. The Lease has not been assignod, amended, or modified in any way, nor have the Premises been sublet in whole or in part, except for the following [if no exceptions are stated, � there are NONE]: 3. The Lease is presently in full force and effect according to its terms and is the valid and binding obligation of Tenant. 4. Neither Tenant nor Landlord is in default under the Lease nor does any state of facts exist which with the passage of time or the giving of notice, or both, could constitute a default under the Lease. S. The Premises contain rentable square feet. 6. All conditions under the Lease to be satisfied by Landlord as of the date of this Agreement (including, without limitation, all work, if any, to be perforated by Landlord in the Premises or at the Property) have been satisfied, and all contributions, if any, required to be paid by Landlord under the Lease to date for improvements to the Premises have been paid, ex as hereafter stated [if no exceptions are stated, there are NONEj: wpspocs M94M s 26 ' 08/24/2008 11:34 IFAX DANIELLEaDEMDEVG.COM *KV @031/032 7. Tenant is in possession of the Premises and is fully obligated to pay and is paying the rent and other charges due under the Lease and is fully obligated to perform and is performing all other obligations of Tenant under the Lease, except as hereafter stated [if no exceptions are stated, there are NONE]: 8. The term of the Lease commenced on and expires on 9. The Lease does not provide for any payments (including, without limitation, rent credits) by Landlord to Tenant which are presently due and payable, or which are duo and payable in the future, except as hereafter stated [if Sao such payments or credits are stated, there are NONE]: 10. Except as set forth in the Lease, Tenant is not entitled to any discounting, abatement, or offsetting of rents, except m hereafter stated [if no discounts, abatements, or offsets are stated, there are NONE]: I 11. The Premises are in good order and repair, reasonable wear and. tear excepted, and, to the best of Landlord's knowledge, all conditions under the Leese to be performed by the i Landlord have been satisfied. 12. On this date, to the best of Landlord's knowledge, there are no existing defenses or off -sets which Tenant has against the enforcement of the Lease by Landlord, except as hereafter stated [if no exceptions are stated, .there are NONE]: 13. The base rent being paid under the Lease is S per month {$ per annum). Additional rent for operating expenses or common area maintenance charges payable under the Lease is currently $ per month. 14. All reeouciliations of additional rent payments for operating expenses or common area maintenance charges payable under the Lease for all calendar years preceding the current calendar year have been made by Landlord and all payments owed to Tenant on account of such reconciliations have been made to Tenant, 15. Except as hereafter stated. no rent has been paid more than one month in advance of ft due date and no security has been deposited with the Landlord [if no advance rents or security deposits are stated, there are NONE]: 16, Except as hereafter stated, the Tenant has no options to extend the Lease, to lease additional space at the Property, or to purchase any part of the Property, and the Tenant has no right of refusal as to Ieasing additional space or as to purchasing any part of the property [if no WFBDOCS 722t403 $ 27 X08/24/2006 11:34 IFAX DANIELLE DEMDEV6.CDM CKY f�032�032 i options or rights of refusal are stated, there are NONEj: 17. Tenant has the right to use a total of parking spaces at the Property of which total are assigned spaces and are unassigned spaces. 18. There are no actions, whether voluntary or otherwise, pending or threatened against the Tenant, or any guarantor of the Tenant's obligations under the Lease, under the bad=ptcy or insolvency laws of the United States or any similar state laws. 19. This Agreement shall inure to the benefit of Buyer, its successors and assigns i (including, without limitation, a purchaser at or after foreclosure), and any lender making a loan to be secured by the property and shall be binding upon Landlord and Landlord's successors and permitted assigns. DATED and executed (as an instrument under seal) as of 92004, LANDLORD; a corporation 13 Name: Its: Sworn to, subscribed, and acknowledged before me this day, of 2404, by who is personally known to me or who has produced as identification. OFFICIAL NOTARL4 L SEAL., {Type, print, or stamp name) Notary Public Commission No. My Commission Expires: wpanocs 722t4o3 5 28 ! • iiflotZM ITAS IFAX OAHIEUSSTANDER EV0. CON # story FIRST Ai M �Ei+T'i' T() AGMMZW FOR SALE AND P CHASEROV REA TM3 Fint A to AgeM Sale . ark .P=b&= of 1 Fate (ft ;'Ammdmmt" ) is made by aid betweem T.t�.1 ORGRA CONTA Y, a Mrida wrpwagm -eWbrgrau " a : MC:M'U'MCH t ) ?MMU:. bMNY WC" A. F%da €te a -and McUU0 J AY` :refired to as DEVEWP� up .fir a Flod €a- UnbW r3ibiiitY COMPUY gddft 2SW8 is ; {the tha- -reIpt suffitimcy ' wbic . ac�ge� '� as fQik��►s_ " c ' ; Y ce& irrrdi : , t :: :st. is hv►i`bzd Parcel oP a deaf Y pr.•.. �' '[ 1t {! . r. tow i. bih itbid,ar�na��rex �ii�ze:��s#ia�:S�le�:�fl ei.2. splocAft =0 1ribr eeuded t6 e i 1Ed i St ra, t2at S : lave. e t tom. :the expiration Li to :t*:pM,wjft w .. qWjwdam ioAffle and soky e d qt r. S. ;0= 4 and 9 afth, Cqn ,. ar W:€ttttei wise. t : fionti ': €ian: :: ,iii t} e a t#�e.man e..4.oboul rmh -wct. w to ar fi € t mac ..Pta o . in.#of. toy seed= :. of �h inirzt, ran .ar - :: bdore the on o€ilte revised won Peaihd (tie: by 3:00,. P m q-n' Dm=d= G,;2O0 : . Clvstg ate: 'i*te !Gloms. fta'isi' �ttt ..S �� ..of tkt� :�aot :mil .Jex d f ' io :.o i : 5 �av 1 IfiF, cm: of tI...e ect:,Inspe do . P � � CWbS Date E �e an of before May 7� 2007, . se met.. ba .co werad of. fha f,�r��a'mg =U? � the use P�� p to cticm 3.01 of the � sly. in set. � � sue: 'of s .and �u3 :. .. ..... y . 1 ,. 20116 11:4? 11111 UIMIELE.EWAMBEI.DEUG. GOO 9E1sKY Q 002/c . � � f ad�tioW dgMit doh SW bo t�� �Axdable to haw. Ox is 6e. a (;) o Senut, ;refusal to clone tin � transaction coat =glA d by ft Ott or € I Seller=s defaoit or ,? if.titk to #%:Propwty shad not be in the condition .iii -ed er. thkcqntmct . or this uni it unnkaw dw to en.:.unC.=4 t dc.doi'et#:: ?ia~ €l led i will be erWiW n GiOd. t Pmhwe Price at tire, one of CAvdng. �o&ix s tamed. aad:* f4i.forep and -effect and-the parties ratify and.wnfim ft terins.o€ ft Cwuad.as modi i .by'this went. All � � =.'*-t COUftW 641 MM. $:cnai" d:li�d+c�iitlri. ''lu ;t�iei °Shah bs::bx .'?a . t t + f tii a c eaxd 'tl e:ir'lt� rein ei ve `s rs,. axEd se i tetl . ThW A=e smt:mAy d ch g+ d .ut f ._ d b bxhg a A n i Y* wnt M g 40, ,as:: :was my. cu?te`:by'.:'e..: :l+g` .connwpalft o sll °itiee.�srce n, Fax TrawaWni. 1h Amwnt: iriay' ti t :moo :the .pis lay. �e Vie: pat` ixtd ,tom .fadeda.. �% +#-Watum and ttt a ec Anmd�n o6� -� i t (crigii or fax) of a1 l Fartwis � . �s diu 4n: ffie ��: �raiia�o.:Tltis e�_�r�stitutes #tc €uati�;.e;�u :a� !� c�c�ing thes :.mod tacos.' c.. by @s.m Frr- ?wdsta�ss. •mod:. r been- e , :: s . t aerie lid' A►i t #. Iucb a a id. plele ly eaep es #be . =&mUm m at .Latlt..' :dt7xxt #}a'b1i•;rCic1t azxafl,-X.... liy: aid. be �tre , :feller .aad mhasw :ha ig tire.: oPP+ ra t3'.: b x�pr ntesl. �iy °regal uua 4f # W.M. and te« the ai d;s f: Amen t wt - - t not' otr. :,Pgrtyy resci :t. :fc#.fihat. Cona -one. F may bare draite d Ony of alt. 's : ' rro os�s th s . t. v iti '` ncfudim ' vbmmsed in cudh=t shaffbis deemed to mean "ita l but not IwI : CAI WMESa WfMREOF, :Purchaser. have "y..exwus Air, � as "Amorwiev MIMsa 1# :7. I 1-111.0/2009 11:47 IFAX DAHIELLE@tMMERnEVG.MM WITMSSES,, r. A,40A- �&t.nme of. W—ktims 2 0 * BECKY IM00310-03 r-j-T-r- rl-pil TM- Mt RGRAN COWAWI a Flodda CMP=tiolL gib of vitnm 2 PAW - n*' m*e 6f.'" ness 2 ,arwcrrvv-e "vrmcllf* 14 li PLANNING DEPARTMENT July 19, 2007 Kimley -Horn and Associates, Inc. David Walthall 10117 Princess Palm Avenue Suite 300 Tampa, FL 33610 ITY OF C LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 Re: Development Order regarding case FLS2007 -04018 at 1815 Highland Avenue. Dear Mr. Walthall: This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development Code. On May 3, 2007, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development approval to permit a retail sales and service use in the Commercial (C) District with reductions to the front (south) setback from 25 feet to 20.5 feet (to pavement), a reduction to the side (west, adjacent to automobile service station) setback from 10 feet to five feet (to existing pavement), a reduction to the side (south, adjacent to automobile service station) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (north, adjacent to bank) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (north, adjacent to restaurant) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (south, adjacent to bank) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (west, adjacent to restaurant) setback from 10 feet to zero feet (to existing building), a reduction to the side (north) setback from 10 feet to zero feet (to existing pavement), a reduction to the required off - street parking spaces from 339 spaces to 317, an increase in building height from 25 feet to 35 feet under the provisions of Section 2- 703.R. and allow 16 parking spaces in a row without an interior landscape island as part of a Comprehensive Landscape Program under the provisions of Section 3- 1202.G. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Retail Sales and Services criteria under the provisions of Section 2- 703.R.; 2. The plan complies with General Applicability Criteria under the provisions of Section 3 -913; and 3. The proposed development is compatible with the surrounding area. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 0 Mr. Walthall Page — Two FLS2007 -04018 Conditions of Approval: 1. That all signage in parcels comply with current code under the Comprehensive Sign Program prior to Certificate of Occupancy and are permitted separately under another permit; 2. That all building colors, architecture and landscape are consistent with the submitted plans; 3. That prior to building permit the City is provided with a copy of the approved SWFWMD permit or letter of exemption; 4. That prior to building permit, cross parking, access, utility and drainage agreements are provided; and 5. That all proposed utilities be placed underground. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above conditions. The approval is based on and must adhere to the application received April 9, 2007 and other supporting documents received June 29, 2007. Pursuant to Section 4 -303, an application for a building permit shall be made within one year of Flexible Standard Development approval (May 3, 2008). All required certificates: of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Scott Kurleman, Planner II, at 727 -562 -4567 x 2504. You can access zoning for parcels within the City through our website: www.myclearwater.com. Sincerely, Michael Del , Planning Director S: IPdanning DepartmentICD BTlex Standard (FLS)IPenddng Casesl2 -Reviewed and PendingWighland Ave 1815 - Walmart (C) 05 -03 -07 DRC (SK) Wighland Ave 1815 - Walmart D.O..DOC t J '. °s6at1� PLANNING DEPARTMENT October 26, 2007 CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562 -4865 Kimley -Horn and Associates, Inc. David Walthall 10117 Princess Palm Avenue Suite 300 Tampa, FL 33618 RE: Development Order regarding case PLT2007 -00003 at 1815 Highland Avenue. Dear Mr. Walthall: This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development Code. On May 3, 2007, the Development Review Committee (DRC) reviewed your application for Preliminary Plat approval to divide a 7.80 -acre parcel into two lots under the provisions of Section 4 -703. Lot one will contain 4.67 acres and Lot two will contain 3.13 acres. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: I. The proposal complies with Preliminary Plat criteria under the provisions of Section 4 -701; 2. The plan complies with General Applicability Criteria under the provisions of Section 3 -913; and 3. The proposed development is compatible with the surrounding area. Conditions for Approval: 1. That a final plat be recorded with Pinellas County prior to building permit approval; 2. That all conditions of FLS2007 -04018 are satisfied including but not limited to the signage and architecture requirements for all development prior to the first Certificate of Occupancy; 3. That all onsite utilities shall be buried; and 4. That all Traffic impact assessment fees shall be assessed and paid prior to the first Certificate of Occupancy. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Preliminary Plat with the above conditions. The approval is based on and must adhere to the application dated received April 9, 2007, and the revised preliminary plat dated received September 6; 2007. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" October 26, 2007 • PLT2007 -00003 — Page 2 The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Scott Kurleman, Planner II, at 727 -562- 4567x2504. Sincerely, Michael Del Planning Director S :• Planning DepartmentlCD BIPlatslHighland Ave 1815- WalmartlPLT2007 -00003 Development Order -1815 Highland.doc Tandem Development GroupLLC June 12, 2007 Mr. Tom Glenn Solid Waste Department City of Clearwater 1701 N. Hercules Avenue Clearwater, FL 33765 Re: Wal *Mart— Clearwater (Highland), WNM Store No. 4667 -00, Highland & Greenlea Site Case No. FLS2007 -04018 Dear Mr. Glenn: This letter will serve as letter of intent that S& S Highland, LLC a Florida Limited Liability Company will incur all of the cost of the solid waste removal from the retail shops on the retained property north of the proposed Wal -Mart Neighborhood Market. Wal -Mart will pay for their solid waste removal separately. If you have any questions, or need any additional information please do not hesitate to call. Sincerely, & S Highlan , LC Jonathan Schwartz 14502 N. Dale Mabry Highway Suite 333 • Tampa, FL 33618 Phone: (813) 269 -9112 a Fax: (813) 269 -0224 W v'EST Fzo 9 o C An Equal . Opportunity Employer Judith C. Whitehead Chair, Hernando Neil Combee Vice Chair, Polk Todd Pressman Secretary, Pinellas Jennifer E. Closshey Treasurer, Hillsborough Thomas G. Dabney Sarasota Patricia M. Glass Manatee Heidi B. McCrea Hillsborough Ronald E. Oakley Pasco Sallie Parks Pinellas Maritza Rovira•Forino Hillsborough Patsy C. Symons Desoto David L. Moore Executive Director William S. Bilenky General Counsel Southwest Florida. Water Management District i Bartow Service Office Lecanto Service Office 170 Century Boulevard Suite 226 Bartow, Florida 33830 -7700 3600 West Sovereign Path (863) 534 -1448 or Lecanto, Florida 34461 -8070 1. 800 -492 -7862 (FL only) (352).527 -8131 SUNCOM 572 -6200 OR September 26, 2007 George Hayes Morgran Company and McMurrich Development Company, 4701 Central Avenue, Suite A St. Petersburg, FL 33713 2379 Broad Street, Brooksville, Florida 346046899 (352) 796 -7211 or 1- 800 -423 -1476 (FL only) SUNCOM 628 -4150 TDD only 1- 800 - 231 -6103 (FL only) On the Internet at. WaterMatters.org Sarasota Service Office Tampa Service Office 6750 Fruitville Road 7601 Highway 301 North Sarasota, Florida 34240 -9711 Tampa, Florida 33637 -6759 (941) 377 -3722 or (813) 985 -7481 or 1- 800320 -3503 (FL only) 1- 800-836-0797 (FL only) - i^,i6 lvl 531 -6900 SUNCOM 578 -2070 OCT o'S 2007 pLANNING MARTMENT CITY OF CLEARWATER Subject: Final Agency Action Transmittal Letter R eC eived SEP 27 2001 Kimley -Horn & lssociates Inc ERP General Construction Permit No.: 44032686.000 Project Name: Wal -Mart Store 4667 -00 WMN - Clearwater (Highland) County: Pinellas Sec/Twp /Rge: 02/29S/15 E Dear Mr. Hayes: This letter constitutes notice of Final Agency Action for approval of the permit referenced . above. Final approval is contingent upon no objection to the District's action being received by the. District within the time frames described below. You.or any person whose substantial interests are affected by the District's action regarding a permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statute, (F.S.), and Chapter 28 -106, Florida Administrative Code, (F.A.C.), of the Uniform Rules of Procedure. A request for hearing must. (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28 -106, F.A.C. Copies of Sections 28- 106.201 and 28- 106.301, F.A.C. are enclosed for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is deemed to be the fifth day after the date on which this notice is deposited in the United States mail. Failure to file a request for hearing within this time period shall constitute a waiver of any right you or such.person may have to request a hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this. matter is not available prior to the filing of a request for hearing.. Enclosed is a "Noticing Packet" that provides information regarding the District Rule 40D- 1.1010, F.A.C., which addresses the notification of persons whose substantial interests may be affected by the District's action in this matter. The packet contains guidelines on how to provide notice of the District's action, and a notice that you may use. The enclosed approved construction plans are part of the permit, and construction must be in accordance with these plans. Permit No.: 44032686.000 Page 2 of 2 September 26, 2007 t If you have questions concerning the permit, please contact Robert E. McDaniel, at the Tampa Service Office;. extension 2039. For assistance with environmental concerns, please contact Joseph, F. Andress, extension 2073. Sincerely .. Alba E. Mas, P.E., Director Tampa Regulation Department AEM:REM :JFA:gjn Enclosures: Approved Permit w /Conditions Attached Approved Construction Drawings pR1G1NA�. Statement of Completion Notice of Authorization to Commence Construction REGVEd Noticing Packet (42.00 -039) 240j Sections 28- 106.201 and 28- 106.301, F.A.C. nCj 0 cc /enc: File of Record 44032686.000 NONG DRAP -'MENT J. Chris Callaway, Wal -Mart Stores East, LP PU �� N(AtER David W. Walthall, P.E., Kimley -Horn and Associates, Inc. CITY OF George Hayes, Clearwater Highlands Association, Inc. Expiration Date: September 26; 2012. PERMIT ISSUE DATE: September 26, 2007 This permit is issued under the provisions of Chapter 373, Florida Statutes; (F.S.), and the Rules contained in Chapters 40D -4 and 40, Florida. Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and. shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management. District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit. PROJECT NAME: Wal -Mart Store 4667 -00 WMN - Clearwater (Highland) GRANTED TO: Morgran Company and McMurrich Development Company 4701 Central Avenue, Suite A St. Petersburg, FL 3.3713 ABSTRACT: This permit authorizes the construction of a 7.82 -acre commercial project. This will include the redevelopment of an existing commercial site with new buildings, parking, and the associated stormwater management facilities. Runoff from the project area.is conveyed to a system of two inter - connected stormwater ponds and an underground attenuation vault via storm inlets. Water quality treatment is provided through effluent filtration. The post - development 25- year /24 -hour discharge rate from the site will be limited to the peak pre - development 25- year /24 -hour discharge rate. The site is located on the east side of Highland Avenue, south of Sunset Point Road, in 0inellas.County, Florida. OP. & MAINT. ENTITY: COUNTY: SEC/TWP /RGE: TOTAL ACRES OWNED OR UNDER CONTROL: PROJECT SIZE: LAND USE: DATE APPLICATION. FILED: AMENDED DATE: Clearwater Highlands Association, Inc. Pinellas 02/29S/1 5E 7.82 7.82 Acres Commercial March 30, 2007 N/A POND NO. AREA ACRES @ TOP OF BANK-' TREATMENT TYPE "" ,' ' A . 0.16 Effluent Filtration B 0.11 Effluent Filtration Attenuation Vault 0.29 N/A ,. OTAL 0.55 A mixing zone is not.required. A variance is not required. . II. 100 -Year Floodplain Encroachment (Acre -Feet of fill) Compensation (Acre -Feet of excavation) Compensation Type Encroachment Result (feet) 0.00 0.00 N/A N/A III. Environmental Considerations ORIGINAL No wetlands or. other surface waters exist within the project area: REP'VE® 'A regulatory conservation easement is not required. 2007 A proprietary conservation easement is not required. PIANNING IiEPARTMENT CITY OF CLEARWATER SPECIFIC CONDITIONS '1. If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner. of part of the project area, this permit shall terminate, pursuant to Section 40D- 1.6105, F.A.C. fn such situations; each land owner shall obtain a permit (which maybe a modification of this permit) for the land owned by that person. This condition shall not apply to. the division and sale of lots or units in residential subdivisions or condominiums. 2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to: Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637 -6759 The permit number, title of report or information and event (for recurring report or information submittal) shall be identified.ori all information and reports submitted. 3. The Permittee shall retain the design engineer, or other professional engineer registered in Florida, to conduct on -site observations of construction and assist with the as -built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the professional engineer so employed. This information shall be submitted prior to construction. r Permit No.: 44032686.000 Page 3 of 4 September 26, 2007 4. Within 30 days after completion of construction of the permitted activity, the Permittee shallsubmit to the Tampa Service Office a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D- 1.659; F.A.C., and signed., dated and sealed as -built drawings. The as -built drawings shall identify any deviations from the approved construction drawings. 5. The District reserves the right, upon prior notice to the Permittee, to conduct on -site research to assess the pollutant removal efficiency of the surface water management system: The. Permittee may be required to cooperate in this regard by allowing on -site access by District representatives, by allowing the installation and operation of testing and monitoring equipment, and by allowing other assistance measures as needed on site. 6. The operation and maintenance entity shall submit inspection reports in the form required by the District, in accordance with the following schedule. For systems utilizing effluent filtration or exfiltration or systems utilizing effluent filtration or ORIGIiltration and retention or wet detention, the inspections. shall be performed 18 months after RE'eration is authorized and every 18 months thereafter. XT 0 F20010 installation of the filter media, the Permittee's contractor shall submit a certified test of the media to the P.ermittee's Professional Engineer and the District. The test shall address the PLANNING DMW1 rArameters: uniformity coefficient, effective grain size, sieve analysis, percent silts., CITY OF CLEWATMorganic matter, and permeability testing (constant head). If testing indicates the actual permeability rate is less than the value specified in the permitted design, a permit modification will be required to lengthen the effluent .filtration system. The Permittee shall also notify the Surface Water Regulation Manager, Tampa Regulation Department, at least 48 hours prior to commencement of construction of the effluent filtration system, so that District staff may observe this construction activity. 8. For dry bottom detention systems, the detention areas shall become dry within 36 hours after a rainfall event. If a detention area is regularly wet, this situation shall be deemed to be a violation . of this permit. . 9. If limestone bedrock is encountered during construction of the surface water management system, the District must be notified and construction in the affected area shall cease. 10. The Permittee shall notify the District of any sinkhole development in the surface water management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery. 11. The District, upon prior notice to the Per may conduct on -site inspections to assess the effectiveness of the erosion control barriers and other measures employed to prevent violations of state water quality standards and avoid downstream impacts. Such barriers or other measures should control discharges, erosion, and sediment transport during construction and thereafter. The District will also determine any potential environmental problems that may develop as a result of. leaving or removing the barriers and other measures during construction or after construction of the project has been completed. The Permittee must provide..any remedial measures that are needed. 12. This permit is issued based upon the design prepared by the Permittee's consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D -4.301 and 40D- 4.302, F.A.C., have not been met, upon written notice.by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re- construction of the surface water management system and /or mitigation areas. EXHIBIT "A" 1: All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at, the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. For general .permits authorizing incidental site activities, the following limiting general conditions shall also apply: a. If the decision to issue the associated individual permit is not final within 90 days of issuance of the incidental site activities permit, the site must be restored by the permittee within 90 days after notification by the District. Restoration must be completed by re- contouring the disturbed site to previous grades and slopes re- establishing and maintaining suitable vegetation and erosion control to provide stabilized hydraulic conditions. The period for completing restoration may be extended if requested by the permittee and determined by the District to be warranted due to adverse weather conditions or other good cause. In addition, the permittee shall institute stabilization measures for erosion and sediment control as soon as practicable, but in no case more than 7 days after notification by the District. b. The incidental site activities are commenced at the permittee's own risk. The Governing Board will not consider the monetary costs associated with the incidental site activities or any potential restoration costs in making its decision to approve or deny the individual environmental resource permit application. Issuance of this permit shall not in any way be construed as commitment to issue the associated individual environmental resource permit. 4. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and a pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers. shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work, Turbidity barriers shall remain in place at all locations until. construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Water quality data for the water ' discharged -from the permittee's.property or into the surface Waters of the state shall be submitted to the District as required by the permit. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of Water discharged, including.total volume discharged during the days of sampling and total'mohthly volume dis- charged from the property or into surface waters of the state. �RIGIfi6,� RE;VECi .; �u1007 ERP General Conditions rf 1`"fg1[*3 GEPARDVIENT Individual (Construction, Conceptual, Mitigation Banks), GenerA'115P, OF CLEARWATER Incidental Site Activities, Minor Systems Page 1 of 3 41.00- 023 {03/04) 0 0 r 6. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 40D -2, .F.A.C. 7. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after. the construction activity in that portion of the site has temporarily or permanently ceased 8. Off -site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District. 9. The permittee shall complete construction of all aspects of the surface water management system, including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or.use of the development being served by this system. 10. The following shall be properly abandoned and /or removed in accordance with the applicable regulations: a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. C. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction. 11. All surface water management systems: shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property. 12. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a written notification of commencement indicating the actual start date and the expected rcompletion date. 13. Each phase or independent portion of the permitted system must. be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 14. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D -1, F.A.C. Additionally, if deviation from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted. ORIGIN& RE V-, E,j ILA ®u 1007 ERP General Conditions CIiYQ �0EPAPTUENT Individual (Construction, Conceptual, Mitigation Banks), General, ARWATER Incidental Site Activities, Minor Systems Page 2 of 3 41.00- 023 {03/04) 15. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans. 16. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions herein, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the District until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible operation and maintenance entity approved by the District, if different from the permittee. Until a transfer is approved by the District, the permittee shall be liable for compliance with the terms of the permit. 17. Should any other regulatory agency require changes to the permitted system, the District shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required. 18. This permit does not eliminate the necessity to obtain any required federal, state, local and special District authorizations including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit. 19. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40D-4 or Chapter 40D -40, F.A.C. 20. The'permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 21. Any delineation of the extent of a wetland. or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. . 22. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rule 40D- 4.351, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 23. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with District rules, regulations and conditions of the permits. 24. If historical or archaeological artifacts are discovered at any time. on the project site, the permittee shall . immediately notify the District and the Florida Department of State, Division of Historical Resources. 25. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. ®RIG1 9W ERP General Conditions RE 2 ED Individual (Construction, Conceptual, Mitigation Banks), General, Incidental Site Activities, Minor Systems ©� 2007 Page 3 of 3 PLANN . CITY OF CL RTW ER 0. 0 F Southwest Florida 2379 Broad Street, Brooksville, Florida 346046899 Water Management District (352) 796-7211 or 1-80&423-1476 (FL only) SUNCOM 628 -4150 TDD only 1- 800 -231 -6103 (FL only) � E ° •.. °•. On the Internet at. WaterMatters.org An Equal Bartow Service Office Lecanto Service Office Sarasota Service Office Tampa Service Office Opponun ry m1,r4 170 Century Boulevard Suite 226 6750 Fruitville Road 7601 Highway 301 North Bartow, Florida 338347700 3600 West Sovereign Path Sarasota, Florida 34240 -9711 Tampa, Florida 33637 -6759 (863) 534 -1448 or Lecanto, Florida 34461 -8070 (941) 377 -3722 or (813) 985 -7481 or 1-804492 -7862 (FL only) (352) 527 -8131 1- 8043243503 (FL only) 1- 800536-0797 (FL only) SUNCOM 572 -6200 SUNCOM 531 -6900 SUNCOM 578 -2070 NOTICING PACKET PUBLICATION INFORMATION Judith Whitehead PLEASE SEE THE REVERSE SIDE OF THIS NOTICE FOR A LIST OF Chair, Hernando FREQUENTLY ASKED QUESTIONS (FAQ) Neil Combee Vice Chair, Polk Todd PressmaIn The District's action_ regarding the issuance or denial of a permit, a, petition or qualification for Secretary, Pinellas an exemption only becomes closed to future legal challenges from members of the public Jennifer E. Closshey ( "third parties "), if 1.) "third parties" have been properly notified of the District's action Treasurer, .Hillsborough regarding the permit or exemption, and 2.) no "third party" objects to the District's action Thomas G. Dabney within.a specific period of time following the notification. Sarasota Patricia M. Glass Manatee Notification of "third parties" is provided. through publication of certain information in a Heidi B. McCree newspaper of general circulation in the county or counties where the proposed activities are Hillsborough to occur. Publication of notice informs "third parties" of their right to challenge the District's Sallie Parks action. If proper notice is provided by publication, "third parties" have a 21 -day time limit in Pinellas which to file a petition opposing the District's action. A shorter 14- day -time limit applies to Talmadge G. "Jerry" Rice Pasco District action regarding Environmental Resource Permits linked with an authorization to use Maritza Rovira -Formo Sovereign Submerged. Lands. However, if no notice to "third parties" is published, there is no Hillsborough time limit to a party's right to challenge the District's action. The District has not published a Patsy c. Symons notice to "third parties" that it has taken 'or intends to take final action on your application. If Desoto you want to ensure that the period of time in which a petition opposing the District's action regarding your application is limited to the time frames stated above, you-may publish, at your own expense,. a notice in a newspaper of general circulation. A copy of the Notice of David L. Moore Agency Action the District uses for publication and guidelines for publishing are included in Executive Director this packet. William S. Bilenky General counsel Guidelines for Publishing a Notice of Agency Action 1. Prepare a notice for publication in the newspaper. The District's Notice of Agency Action, included with this packet, contains all of the information that is required for proper noticing. However, you are responsible for ensuring that the form and the content of your notice comply with the applicable statutory provisions.. 2. Your notice must be. published in accordance with Chapter 50, Florida Statutes. A copy of the statute is enclosed. 3: Select a newspaper that is- appropriate considering the location of the activities proposed in your application, and contact the newspaper for further information regarding their procedures for publishing. 4. You only need to publish the notice for one day. 5. Obtain an "affidavit of publication" from the newspaper after your notice is published. 6. Immediately upon receipt send the ORIGINAL affidavit to the District at the address ORNMAL below, for the file of record. Retain a copy of the affidavit for your records. "'; VCU Southwest Florida Water Management District OCT 3 2007 Records 79 B oad Street Supervisor 'CANNIN ISr�ARTMEN� Brooksville, Florida 34604 -6899 CITY OF Lhmmr�pou are advertising a notice of the District's proposed action, and the District's final action is different, publication of an additional notice may be necessary to prevent future legal challenges. If you need additional assistance, please contact us at ext. 4360, at the Brooksville number listed above. (Your question may be on the FAQ list). 42.00 -039 (Rev 06/07) FAQ ABOUT NOTICING 1. Q. Do I have to do this noticing, and what is this notice for? A. You do not have to do this noticing. You need to publish a notice if you want to ensure that a "third party" cannot challenge the District's action on your permit, exemption, or petition at some future date. If you choose not to publish, there is no time limit to a third party's right to challenge the District's action. 2. Q. What do I need to send to the newspaper? A. The enclosed one page notice form entitled "Notice of Final Agency Action (or Proposed Agency Action) By The Southwest Florida Water Management District." You must fill in the blanks before sending it. 3. Q. Do I have to use the notice form, or can I make up my own form? A. You do not have to use our form. However, your notice must contain all information that is in the form. 4. Q. Do I send the newspaper the whole form (one page) or just the top portion that has blanks? A. Send the full page form which includes the NOTICE OF RIGHTS section on the bottom half. 5. Q. Do I type or print the information in the blanks? Or will the newspaper fill in the blanks? A. You are required to fill in the blanks on the form before sending it to the newspaper. Contact your selected newspaper for instructions on printing or typing the information in the blanks. 6. Q. The section 50.051, F.S. (enclosed) proof of publication form of uniform affidavit has blanks in the text. Do I fill in these blanks and send that to the newspaper? A. No. That section shows the affidavit the newspaper will send you. They will fill in the blanks. 7. Q. If someone objects, is my permit or exemption no good? A. If you publish a notice and a "third party" files a request for administrative hearing within the allotted time, the matter is referred to an administrative hearing. While the case is pending, generally, you may not proceed with activities under the challenged agency action. When the hearing is complete, the administrative law judge's (ALJ) recommendation is returned to the District Governing Board, and the Governing Board will take final action on the ALJ's recommendation. There is no time limit for a "third party" to object and file a request for administrative hearing if you do not publish a notice. 8. Q. I don't understand what I should put in the blanks on the Notice form? A. 1. County, Section/Township /Range, application No., permit No., proposed permit No., petition No., Exemption No., or permit inquiry No. is on your Permit, Petition, Exemption, or Denial document. 2.. Permit Type or Application Type is Environmental Resource Permit, Water Use Permit, Work of the District, etc. 3. # of Acres is the project acres. This is listed on the Environmental Resource Permit documents. For Water Use Permits, Exemptions, etc., you may put "Not Applicable" if unknown. 4. Rule or Statute reference (Exemptions only). The rule and /or statute reference is at the top of page one in the reference line of the Exemption. For all others, put "Not Applicable" in this blank. 5. Type of Project describes your project activity. Environmental Resource Permit = Agriculture, Commercial, Government, Industrial, Mining, Road Projects, Residential, Semi - Public or Water Quality Treatment. Water Use Permit = Agricultural (if irrigating, state that it is irrigation and specify what is being 'irrigated), Industrial Commercial, Recreation Aesthetic, Mining Dewatering, or Public Supply. Work of the District = pipeline, etc. 6. Project Name is the name of your project, if applicable. If there is no project name, put "Not Applicable" in this blank. ORIGINAL REC&ED 0"' 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 42.00 -039 (Rev 11/06) %TICE OF FINAL AGENCY ACTIOAY THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Notice is given that the District's Final Agency Action is approval of the on acres to serve The project is located i (County i arne) own as (Project County, Section(s) , (septic -,) Township South, Range. East. The permit applicant (To,vnship) is whose address is (r dare) (address) ORIGINAL . The permit No. is REM- ED _TOJ1007 PLAN I The file(s) pertaining to the project referred to above is available for in PLAN ''WWough Friday except for legal holidays, 8:00 a.m. to 5:00 p.m., at the Southwest F onrI?�llanage- ment District (District) Ofri :e c uLlh Peu01t) NOTICE OF RIGHTS Any person whose substantial interests are affected by the District's. action regarding this permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), and Chapter 287106, Florida Administrative Code (F.A.C.), of the Uniform Rules of Procedure. A request for hearing must (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or final action; (2) state all material facts disputed by each person requesting the hearing or state that there are no disputed facts; and (3) otherwise comply with Chapter 28 -106, F.A.C. A request for hearing must be filed with and received by the Agency Clerk of the District at the District's Brooksville address, 2379 Broad Street, Brooksville, FL 34604 -6899 within 21 days of publication of this notice (or within14 days for an Environmental Resource Permit with Proprietary Authorization for the use of Sovereign Sub -. merged Lands). Failure to file a request for hearing within this time period shall constitute a waiver of any right such person may have to request a hearing under Sections 120.569 and 120.57,F.S. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice of final agency action. Persons whose substantial interests will be affected by any such final decision of the District on the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's final action in this matter is not available prior to the filing of a request for hearing. 42.00 -039 (Rev 03/06) 0 0 CHAPTER 50, FLORIDA STATUTES 0RIGINA£ LEGAL AND OFFICIAL ADVERTISEMENTS 50.011 Where and in what language legal notices to be published. (` 50.021 Publication when no newspaper in county. �u 2047 50.031 Newspapers in which legal notices and process may be published. LAIVA111V 50.041 Proof of publication; uniform affidavits required, C/rY®FG DEP- 4 50.051 Proof of publication; form of uniform affidavit. CIFAR ti1FAIr 50.061 Amounts chargeable. w�i %R 50.071 Publication costs; court docket fund. 50.011 Where and in what language legal notices to be published.Y Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and continuous intent and meaning of such legislation all and singular, existing or repealed, is and has been and is hereby declared to be and to have been, and the rule of interpretation is and has been, a publication in a newspaper printed and published periodically once a week or oftener, containing at least 25 percent of its words in the English language, entered or qualified to be admitted and entered as 'second-class matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. History. -s. 2, ch. 3022, 1877; RS 1296; GS 1727; s. 1, ch. 5610, 1907; RGS 2942; s. 1, ch. 12104, 1927; CGL 4666, 4901; s. 1, ch. 63 -387; s. 6, ch. 67 -254. 'Note.- Redesignated as "Periodicals" by the United States Postal Service, see.61 F.R. 10123 - 10124, March 12, 1996. Note.- Former s. 49.01. 50.021 Publication when no newspaper in county, When any law, or order or decree of court, shall direct advertisements to be made in any county and there be no newspaper published in the said county, the advertisement.may be made by posting three copies thereof in three different places in said county, one of which shall be at the front door of the courthouse, and by publication in the nearest county in which a newspaper is published. History. -RS 1297; GS 1728; RGS 2943; CGL 4667; s. 6, ch. 67 -254. Note: Former s. 49.02. 50.031 Newspapers in which legal notices and process may be published- - No notice or publication required to be published in a newspaper ,in the nature of or in lieu of process of any kind, nature, character or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county or municipal, or sheriffs, guardian's or administrator's or any sale made pursuant to any judicial order, decree or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 1 year and shall have been entered as second -class mail matter at a post office in the county where published, or in a newspaper which is a direct successor of a newspaper which together have been so published; provided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence which shall have been published for the length of time above prescribed. No legal publication of any kind, nature or description, as herein defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have been published in accordance with the provisions of this section. Proof of such publication shall be made by uniform affidavit. History. -ss. 1 -3, ch. 14830, 1931; CGL 1936 Supp. 4274(1); s. 7, ch. 22858, 1945; s. 6, ch. 67 -254; s. 1, ch. 74 -221. Note.- Redesignated as "Periodicals" by the United States Postal Service, see 61 F.R. 10123- 10124, March 12, 1996. Note.YFormer s. 49.03. 50.041 Proof of publication; uniform affidavits required, (1) All affidavits of publishers of newspapers (or their official representatives) made for the purpose of establishing. proof of publication of public notices or legal advertisements shall be uniform throughout the state. (2) Each such affidavit shall be printed upon white bond paper containing at least 25 percent rag material and shall be 81/2 inches in width and of convenient length, not less than 51/2 inches. A white margin of not less than 21/2 inches shall be left at the right side of each affidavit form and upon or in this space shall be substantially pasted a clipping which shall be a true copy of the public notice or legal advertisement for which proof is executed. (3) In all counties having a population in excess of 450,000 according to the latest official decennial census, in addition to the charges which are now or may hereafter be established by law for the publication of every official notice or legal advertisement, there may be a charge not to exceed $2 for the preparation and execution of each such proof of publication or publisher's affidavit. History.ys. 1, ch. 19290, 1939; CGL 1940 Supp. 4668(1); s. 1, ch. 6349; s. 26, ch. 67 -254; s. 1, ch. 76 -58. Note.YFormer s. 49.04. 50.051 Proof of publication; form of uniform affidavit.Y The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows: 42.00 -039 (Rev 11/06) • • R��/Gj�gc NAME OF NEWSPAPER Published (Weekly or Daily) (Town or City) (County) FLORIDA P M ©u STATE OF FLORIDA ��/Ii //v ���! COUNTY OF /n'or Z-P�� Before the undersigned authority personally appeared who on oath says that he or she is Q Rrk a newspaper published at in County, Florida; that the attached copy of advertisement, being an he matter of in the Court, was published in said newspaper in the issues of Affiant further says that the said is a newspaper published at in said County, Florida, and that the said newspaper has heretofore been continuously published in said County, Florida, each and has been entered as second -class mail matter at the post office in , in said County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund forthe purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of , 19_, by who is personally known to me or who has produced (type of identification) as identification. (Signature of Notary Public) (Print, Type, or-Stamp Commissioned Name of Notary Public) (Notary Public) . History. -s. 2, ch. 19290,1939; CGL 1940 Supp. 4668(2); s. 6, ch. 67 -254; s. 1, ch. 93 -62; s. 291, ch. 95 -147. 'Note.YRedesignated as "Periodicals" by the United States Postal Service, see 61 F.R. 10123 - 10124, March 12, 1996. Note.-Former s. 49.05. 50.061 Amounts chargeable.Y (1) The publisher of any newspaper publishing any and all official public notices or legal advertisements shall charge therefore the rates specified in this section without rebate, commission or refund. (2) The charge for publishing each such official public notice or legal advertisement shall be 70 cents per square inch for the first insertion and 40 cents per square. inch for each subsequent insertion, except that: (a) In all counties having a population of more than 304,000 according to the latest official decennial census., the charge for publishing each such official public notice or legal advertisement shall be 80 cents per square inch for the first insertion and 60 cents per square inch for each subsequent insertion. (b) In all counties having a population of more than 450,000 according to the latest official decennial census, the charge for publishing each. such official public notice or legal advertisement shall be 95 cents per square inch for the first insertion and 75 cents per square inch for each subsequent insertion. (3) Where the regular established minimum commercial rate per square inch of the newspaper publishing such official public notices or legal advertisements is in excess of the rate herein stipulated, said minimum commercial rate per square inch may charged for all such legal advertisements or official public notices for each insertion, except that a governmental agency publishing an official public notice or legal advertisement may procure publication by soliciting and accepting written bids from newspapers published in the county, in which case the specified charges in this section do not apply. (4) All official public notices and legal advertisements shall be charged and paid for on the basis of 6 -point type on 6 -point body, unless otherwise specified by statute. (5) Any person violating a provision of this section, either by allowing or accepting any rebate, commission, or refund, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) Failure to charge the rates prescribed by this section shall in no way affect the validity of any official public notice or legal advertisement and shall not subject same to legal attack upon such grounds. History. -s. 3, ch. 3022, 1877; RS 1298; GS 1729; RGS 2944; s. 1, ch. 12215,1927; CGL 4668; ss. 1, 2, 2A, 26, ch. 20264,1941; s. 1, ch. 23663, 1947; s. 1, ch. 57 -160; s. 1, ch. 63 -50; s. 1, ch. 65- 569; s. 6, ch. 67 -254; s. 15, ch. 71 -136; s. 35, ch. 73 -332; s. 1, ch. 90 -279. Note.YFormer s. 49.06. 50.071 Publication costs; court docket fund.Y (1) There is established in Broward, Dade, and Duval Counties a court docket fund for the purpose of paying the cost of the publication of the fact of the filing of any civil case in the circuit court in those counties by their counties by their style and of the calendar relating to such cases. A newspaper qualified under the terms of s. 50.011 shall be designated as the record newspaper for such publication by an order of a majority of the judges in the judicial circuit in which the subject county is located and such order shall be filed and recorded with the clerk of the circuit court for the subject county. The court docket fund shall be funded by a service charge of $1 added to the filing fee for all civil actions, suits, or proceedings filed in the circuit court of the subject county. The clerk of the circuit court shall maintain such funds separate and apart, and the aforesaid fee shall not be diverted to any other fund or for any purpose other than that established herein. The clerk of the circuit court shall dispense the fund to the designated record newspaper in the county on a quarterly basis. The designated record newspaper may be changed at the end of any fiscal year of the county by a majority vote of the judges of the judicial circuit of the county so ordering 30 days prior to the end of the. fiscal year, notice of which order shall be given to the previously designated record newspaper. (2) The board of county commissioners or comparable or substituted authority of any county in which a court docket fund is not specifically established in subsection (1) may, by local ordinance, create such a court docket fund on the same terms and conditions as established in subsection (1). (3) The publishers of any designated record newspapers receiving the court docket fund established in subsection (1) shall, without charge, accept legal advertisement for the purpose of service of process by publication under s. 49.011(4), (10), and (11) when such publication is required of persons authorized to proceed as insolvent and poverty- stricken persons under s. 57.081. History. -s. 1, ch. 75 -206. 42.00 -039 (Rev 11/06) t PART 11 HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT 0RIGINAt REC_,'VED (1LT o n PART III PROCEEDINGS AND HEARINGS 2W INVOLVING DISPUTED ISSUES OF 28- 106.201 Initiation of Proceedings. PLANNING OZ?ARTNIENT MATERIAL FACT CITY OF (` (1) Unless otherwise provided by statute, initiation of Z> - tjlj itiation of Proceedings proceedings shall be made by written petition to the agency (1) Initiation of a proceeding shall be made by written responsible for rendering final agency action. The term petition to the agency responsible for rendering final agency "petition" includes any document that requests an evidentiary action. The term "petition" includes any document which proceeding and asserts the existence of a disputed issue of requests a proceeding. Each petition shall be legible and on material fact. Each petition shall be legible and on 8 '/z by 11 8 '/z by 11 inch white paper or on a form provided by the inch white paper. Unless printed, the impression shall be on agency. Unless printed, the impression shall be on one side of one side of the paper only and lines shall be double- spaced. the paper only and lines shall be double- spaced. (2) All petitions filed under these rules shall contain: (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and (a) The name and address of each agency affected and each agency's file or identification number, if known; each agency's file or identification number, if known; (b) The name, address, and telephone number of the (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and for service purposes during the course of the proceeding; and an explanation ofhow the petitioner's substantial interests will an explanation of how the petitioner's substantial interests will be affected by the agency determination; be affected by the agency determination; (c) A statement of when and how the petitioner received (c) A statement of when and how the petitioner received notice of the agency decision; notice of the agency decision; (d) A statement of all disputed issues of material fact. If (d) A concise statement of the ultimate facts alleged, there are none, the petition must so indicate; including the specific facts the petitioner contends warrant (e) A concise statement of the ultimate facts alleged, reversal or modification of the agency's proposed action; including the specific facts the petitioner contends warrant (e) A statement of the specific rules or statutes the reversal or modification of the agency's proposed action; petitioner contends require reversal or modification of the (f) A statement of the specific rules or statutes the agency's proposed action; and petitioner contends require reversal or modification of the (f) A statement of the relief sought by the petitioner, agency's proposed action; and stating precisely the action petitioner wishes the agency to (g) A statement of the relief sought by the petitioner, take with respect to the agency's proposed action. stating precisely the action petitioner wishes the agency to (3) If the petition does not set forth disputed issues of take with respect to the agency's proposed action. material fact, the agency shall refer the matter to the presiding (3) Upon receipt of a petition involving disputed issues of officer designated by the agency with a request that the matter material fact, the agency shall grant or deny the petition, and be scheduled for a proceeding not involving disputed issues if granted shall, unless otherwise provided by law, refer the of material fact. The request shall be accompanied by a copy matter to the Division of Administrative Hearings with a of the petition and a copy of the notice of agency action. request that an administrative law judge be assigned to (4) A petition shall be dismissed if it is not in substantial conduct the hearing. The request shall be accompanied by a compliance with subsection (2) of this Rule or it has been copy of the petition and a copy of the notice of agency action. untimely filed. Dismissal of a petition shall, at least once, be (4) A petition shall be dismissed if it is not in substantial without prejudice to petitioner's filing a timely amended compliance with subsection (2) of this rule or it has been petition curing the defect, unless it conclusively appears from untimely filed. Dismissal of a petition shall, at least once, be the face of the petition that the defect cannot be cured. without prejudice to petitioner's filing a timely amended (5) The agency shall promptly give written notice to all petition curing the defect, unless it conclusively appears from parties of the action taken on the petition, shall state with the face of the petition that the defect cannot be cured. particularity its reasons if the petition is not granted, and shall (5) The agency shall promptly give written notice to all state the deadline for filing an amended petition if applicable. parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall Specific Authority 120.54(5) F.S. Law Implemented state the deadline for filing an amended petition if applicable. 120.54(5), 120.S69, 120.57 F.S. History -New 4 -1 -97, Amended 9- 17 -98. Specific Authority 120.54(3), (5) F.S. Law Implemented 120.54(5), 120.569, 120.57 F.S. History-New 4 -1 -97, Amended 9- 17 -98. 42.00 -028 (10/99) • 0 Page 1 of 1 ;�j file: / /C:\DOCUME -1 \SCOTT —I .KUR\LOCALS -1 \Temp \UZ4PXPUO.htm 4/3/2007 ` h F LL CITY OF CLEARWATER }aN,ter PLANNING DEPARTMENT -,) MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. COM April 18, 2007 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 1815 N HIGHLAND AVE (FLS2007- 04018) To Surrounding Property Owners: As a property owner within 500 feet of 1815 N HIGHLAND AVE, the City of Clearwater Planning Department gives notice that an application for Flexible Standard Development approval to permit a retail sales and service use in the Commericial (C) District with reductions to the front (south) setback from 25 feet to 20.5 feet (to pavement), a reduction to the side (west, adjacent to automobile service station) setback from 10 feet to five feet (to existing pavement), a reduction to the side (south, adjacent to automobile service station) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (north, ajacent to bank) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (north, adjacent to restaurant) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (south, adjacent to bank) setback from 10 feet to zero feet (to existing pavement), a reduction to the side (west, adjacent to restaurant) setback from 10 feet to zero feet (to existing building), a reduction to the side (north) setback from 10 feet to zero feet (to existing pavement), a reduction to the required off - street parking spaces from 339 spaces to 317, an increase in building height from 25 feet to 35 feet under the provisions of Section 2- 703.R. and allow 16 parking spaces in a row without an interior landscape island as part of a Comprehensive Landscape Program under the provisions of Section 3- 1202.G.. On May 03, 2007, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be May 03, 2007. The City encourages you to participate in the review of this application. You may contact me at 562- 4567x2504 orScott.Kurleman @myclearwater.com for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on May 03, 2007. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Scott Kurleman Letter of Notification - FLS2007 -04018 - 1815N HIGHLAND AVE Planner II • • LL CITY OF CLEARWATER ° Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W. MY C LEARW ATER. C OM April 17, 2007 RE: NOTICE OF FILING OF AN APPLICATION FOR PRELIMINARY PLAT APPROVAL AT 1815 N HIGHLAND AVE (PLT2007- 00003) To Surrounding Property Owners: As a property owner within 500 feet of 1815 N HIGHLAND AVE, the City of Clearwater Planning Department gives notice that an application for Preliminary Plat approval to subdivide a 7.80 acre parcel into two lots, under the provisions of Section 4 -703.. On May 03, 2007, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be May 03, 2007. The City encourages you to participate in the review of this application. You may contact me at 562- 4567x2504 orScott.Kurleman @myclearwater.com for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on May 03, 2007. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Sincerely yours, Scott Kurleman Planner H Letter of Notification - PLT2007 -00003 -1815N HIGHLAND AVE F M01C CLINTOCK, KARL W C CLiNTOCK, JANE L 2104 LIONS CLUB RD # 2 CLEARWATER FL 33764 - 6882 MORGRAN CO 3030 N ROCKY POINT DR W # 560 TAMPA FL 33607 - 5905 SHIELDS, SCOTT T 1959 ATLANTIS DR CLEARWATER FL 33763 - 4506 GRACE LUTHERAN CHURCH 1812 N HIGHLAND AVE CLEARWATER FL 33755 - 2136 MARTIN, HEIDI R 1827 FLORA LN CLEARWATER FL 33755 - 2016 MURRAY, PEGGY A 1841 FLORA LN CLEARWATER FL 33755 - 2016 EVANS, BRUCE EVANS,VERNA 1453 JOEL LN CLEARWATER FL 33755 - 2024 ASTBURY, ANNA ELIZABETH 1465 JOEL LN CLEARWATER FL 33755 - 2024 GRACE LUTHERAN CHURCH 1812 N HIGHLAND AVE CLEARWATER FL 33755 - 2136 MC MURRICH DEV CO INC 203 LOOKOUT PL # A MAITLAND FL 32751 - 8407 LANDMARK BANK OF CLW PO BOX 2818 ALPHARETTA GA 30023 - 2818 NISIROS INC 1844 N HIGHLAND AVE CLEARWATER FL 33755 - 2138 CLEARWATER HOUSING AUTHORITY P O BOX 960 CLEARWATER FL 33757 - 0960 THOMPSON, CHYENNE L 1831 FLORA LN CLEARWATER FL 33755 - 2016 DRAKE, DAVID W 1845 FLORA LN CLEARWATER FL 33755 - 2016 WOODS, JEANNIE L SHAFFER, DAVID G 1459 JOEL LN CLEARWATER FL 33755 - 2024 KESLER, CHARLES D 1824 FLORA LN CLEARWATER FL 33755 - 2015 QUERL, JOSHUA A 1448 BENTLEY ST CLEARWATER FL 33755 - 2006 HIGGINS, JAMES K THE JOHNSON, NANCY R THE 2865 EXECUTIVE DR CLEARWATER FL 33762 - 3316 MEXICO GRANDE INC 1874 N HIGHLAND AVE CLEARWATER FL 33755 - 2138 SAIFI, ALI M STUART, ARRON T 1840 N HIGHLAND AVE CLEARWATER FL 33755 - 2138 MULVANEY, BRYAN P 1823 FLORA LN CLEARWATER FL 33755 - 2016 BROUILLETTE, MICHAEL G BROUILLETTE, TUESDAY L 1835 FLORA LN CLEARWATER FL 33755 - 2016 SKEIE, JAMES 1849 FLORA LN CLEARWATER FL 33755 - 2016 GRACE LUTHERAN CHURCH 1812 N HIGHLAND AVE CLEARWATER FL 33755 - 2136 LE WITSCH, LINDA K 110 QUEENS CT MASSAPEQUA PARK NY 11762 - 4022 BARRAM, ELAN 825 N KEENE RD # C CLEARWATER FL 33755 - 5618 CUNNINGHAM, JONATHAN A SMITH, DIANE M LJULJIC, LOUIS 1447 BENTLEY ST 1862 EAST DR LJULJIC, PATRICIA H CLEARWATER FL 33755 - 2005 CLEARWATER FL 33755 - 2205 1856 EAST DR CLEARWATER FL 33755 - 2205 F i AU GHEY, LEWIS G JR AUGHEY, TRACEY J 1560 SOUTH DR CLEARWATER FL 33755 - 2241 HANNAFORD, JAMES L 1857 WEST DR CLEARWATER FL 33755 - 2246 BEARD, LARRY L BEARD, REINHILDE M 1864 WEST DR CLEARWATER FL 33755 - 2200 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 KEREZSI, DAVID R 1799 N HIGHLAND AVE # 1 -2 CLEARWATER FL 33755 - 2112 • LONG,GEORGE • LONG, CATALINA J 1537 SUNSET POINT RD CLEARWATER FL 33755 - 1540 r 'y LIVING MENTOR ENTERPRISE.. LLC PO BOX 20161 ST PETERSBURG FL 33742 - 0161 TUCKER, VERONICA C 1799 N HIGHLAND AVE # 8 CLEARWATER FL 33755 - 2112 CALDWELL, KRISANN S 211 HAMILTON RD MARLTON NJ 08053 - 1209 SUMMERS, BROOK 1799 N HIGHLAND AVE # 14 CLEARWATER FL 33755 - 2112 GOARD, FRANCES DALCIN, MARY 3 PICKETT CRESCENT RICHMOND HILL ON L4C 9L1 00030- CARROLL, ROBERT J CARROLL, BETH A 950 PINE HILL RD PALM HARBOR FL 34683 - 3013 PEACOCK, MARIE G THE 1860 WEST DR CLEARWATER FL 33755 - 2200 FOUNTAIN SQUARE CONDO ASSN INC P O BOX 1448 PALM HARBOR FL 34682 - 1448 MARADRITA, HAKI MARADRITA, RAFET 8430 ABINGDON RD KEW GARDENS NY 11415 - 2102 MC CLERNAN, GARY M 2232 WILLOWBROOK DR CLEARWATER FL 33764 - 6743 SMITH, PAUL W TRUST 112 BORDEAUX CIR NAPLES FL 34112 - 7161 DAVIS, ALEX 13867 61 ST ST N CLEARWATER FL 33760 - 3606 PACHECO, SONIA 1799 HIGHLAND AVE N # 15 CLEARWATER FL 33755 - 2112 ESCOBAR, OLGA 1799 N HIGHLAND AVE # 18 CLEARWATER FL 33755 - 2112 DELAWARE, ROBERT E DELAWARE, CRYSTAL 1548 LINWOOD DR CLEARWATER FL 33755 - 2139 KROEKER, BURTON J THE KROEKER, KAREN K THE 1865 WEST DR CLEARWATER FL 33755 - 2246 SMITH, JAMES N SMITH, JEAN A 1856 WEST DR CLEARWATER FL 33755 - 2200 RIGDON, MEGHAN ELIZABETH 1799 N HIGHLAND AVE # 1 -1 CLEARWATER FL 33755 - 2112 BLAIR, KEVIN BLAIR, DEBBIE PO BOX 149 GLENWOOD NJ 07418 - 0149 DERAMO, RODDY 1799 N HIGHLAND AVE A -7 CLEARWATER FL 33755 - 2109 TRAN, HOA QUY 6811 NICOLE LN LARGO FL 33771 - 4774 BAKER, VICKIE R 1799 N HIGHLAND AVE # 13 CLEARWATER FL 33755 - 2112 BARCELONA, LINDA JEANNE 1799 N HIGHLAND AVE # 16 CLEARWATER FL 33755 - 2112 ALVARADO, ALEXANDER 1799 N HIGHLAND AVE # 19 CLEARWATER FL 33755 - 2112 F S OLSEN, MELISSA PERLA, LEWIS H 295 ROCK POINT RD MARIETTA PA 17547 - 9206 • ABILITIES FOUNTAIN SQUARE• 2735 WHITNEY RD CLEARWATER FL 33760 - 1610 ABILITIES FOUNTAIN SQUARE 2735 WHITNEY RD CLEARWATER FL 33760 - 1610 SMITH, PATRICIA A 1799 N HIGHLAND AVE # 26 CLEARWATER FL 33755 - 2112 BLACKLIDGE, ELEANOR BLACKLIDGE, DIANE K 1799 N HIGHLAND AVE # D -29 CLEARWATER FL 33755 - 2111 BEILHART, ROBERT W BEILHART, MIRNA L 294 SPOTTIS WOODE CT CLEARWATER FL 33756 - 5268 MEIER, BETH 1799 N HIGHLAND AVE # 35 CLEARWATER FL 33755 - 2112 ZIMMERMAN, ANGELIKA 1799 N HIGHLAND AVE # 38 CLEARWATER FL 33755 - 2112 REMMIE, PAUL A REMMIE, TIMOTHY A PO BOX 51688 FT BENNING GA 31995 - 1688 RODRIGUEZ, IRIS V 1799 N HIGHLAND AVE # 44 CLEARWATER FL 33755 - 2112 BUCHELE, NIKOLAUS BUCHELE, MARYANNE 1799 N HIGHLAND AVE # 47 CLEARWATER FL 33755 - 2112 COFFEY, NATALYA 1799 N HIGHLAND AVE # C -24 CLEARWATER FL 33755 - 2111 OWEN, JAMES E OWEN, BROOKE P 2312 GARDNER PL GLENDALE CA 91206 - 3013 CORNHOFF, BOB 1799 N HIGHLAND AVE # 30 CLEARWATER FL 33755 - 2112 KOENIG, STEPHAN KOENIG, WIEBKE 1528 WALNUT ST CLEARWATER FL 33755 - 5444 BARRINGTON, SUSAN M 1799 N HIGHLAND AVE # 36 CLEARWATER FL 33755 - 2112 YUROV, SERGEI RYBA, TATIANA 1799 N HIGHLAND AVE #.39 CLEARWATER FL 33755 - 2112 MC ALLISTER, THOMAS J 1799 N HIGHLAND AVE # 42 CLEARWATER FL 33755 - 2112 HUGERT,SANDOR HUGERT, ANDREA 1799 N HIGHLAND AVE # 45 CLEARWATER FL 33755 - 2112 CLARK, PAULINE M 1799 N HIGHLAND AVE # 48 CLEARWATER FL 33755 - 2112 ECONN, LANA 1799 HIGHLAND AVE N # 22 CLEARWATER FL 33755 - 2112 NANDRAM, ROBERT KETCHUM, BIBI S 1740 TOWNSEND ST CLEARWATER FL 33755 - 2342 DU PONT, JAMES A 1799 N HIGHLAND AVE # 28 CLEARWATER FL 33755 - 2112 CLEMENTS, LAURA R CLEMENTS, PAUL 61 JACOBS HILL RD MANSFIELD CENTER CT 06250 - 1651 SPERELAKIS, NICHOLAS SR SPERELAKIS, DOLORES J 12114 PAULMEADOWS DR CINCINNATI OH 45249 - 1330 SCHOLTEN, CARL L 1799 N HIGHLAND AVE #37 CLEARWATER FL 33755 - 2112 GALIK, MICHAEL A GALIK, PAMELA 1799 N HIGHLAND AVE # 40 CLEARWATER FL 33755 - 2112 KOCK, GRACE M THE 253 SHIRLYUNE DR CINCINNATI OH 45215 - 3505 LA MOREUX, SHARON M LA MOREUX, DAVID 1799 N HIGHLAND AVE # 46 CLEARWATER FL 33755 - 2112 PANZA, EUGENIO PANZA, GIULIA 70 THISTLE RIDGE DR WOODBRIDGE ON L4L 3K4 00030- F �i 1 'IU -YANG, CHU KUANG 799 N HIGHLAND AVE # 50 CLEARWATER FL 33755 - 2112 SWEENEY, JOHN A 1726 MARINE PKWY BROOKLYN NY 11234 - 4452 MARCO, CHARLES S 3665 E VIKING RD LAS VEGAS NV 89121 - 7227 POPOVIC, ZIVOJAN POPOVIC, NICOLA 1799 N HIGHLAND AVE # 59 CLEARWATER FL 33755 - 2112 JOHNSTON, LAWRENCE T 7499 46TH AVE N # 36 ST PETERSBURG FL 33709 - 2531 MEEK, JOHN H JR MEEK, PATRICIA P 1211 COURT ST CLEARWATER FL 33756 - 5801 BRADAC, EDWARD 1799 HIGHLAND AVE N # 68 CLEARWATER FL 33755 - 2112 CARRIER, CHRISTOPHER JOHN 1799 N HIGHLAND BLVD # 71 CLEARWATER FL 33755 - 2112 O'CONNELL, JILL 165 VLY ATWOOD RD STONE RIDGE NY 12484 - 5237 MEEK, JOHN J JR MEEK, PATRICIA P 1211 COURT ST CLEARWATER FL 33756 - 5801 • CASPARY, CLAUDIA CAMBIGUE, ALAN B 1799 N HIGHLAND AVE # T51 CLEARWATER FL 33755 - 2115 KENNY, ELAINE J RENNER, MICHAEL B 1799 N HIGHLAND AVE # 54 CLEARWATER FL 33755 - 2112 LASKOV, SILVIO LASKOV, JONI PO BOX 1899 RED PALMETTO FL 34220 - 1899 MEEK, JOHN H JR MEEK, PATRICIA P 1211 COURT ST CLEARWATER FL 33756 - 5801 LUGO, ROBERT 1799 N HIGHLAND AVE # 63 CLEARWATER FL 33755 - 2112 WHATLEY, LAURIE E BLOMQUIST, JUDY 1799 N HIGHLAND AVE # 66 CLEARWATER FL 33755 - 2112 DI CIANNA, FRANCO DI CIANNA, GINA 101 WEDGEWOOD DR WILLOWDALE ON M2M 21-16 00030- ASH, JEAN A 1799 HIGHLAND AVE N # 72 CLEARWATER FL 33755 - 2112 DAVIS, ALEX 13867 61 ST ST N CLEARWATER FL 33760 - 3606 MILLER, KLARA 19569 BOWERS DR TOPANGA CA 90290 - 3101 • LAKE, JOHN A QUIGLEY, HARRISON 12631 LITHUANIA DR GRANADA HILLS CA 91344 - 1504 LAHMANN, WOLF DIETER LAHMANN, CORNELIA 1799 N HIGHLAND AVE # 55 CLEARWATER FL 33755 - 2112 MISTAK, BOGUSLAW KALEMBA, AGNIESZKA 1241 TURNER ST # A CLEARWATER FL 33756 - 5960 KALEMBA, AGNIESZKA MISTAK, BOGUSLAW 1241 TURNER ST # A CLEARWATER FL 33756 - 5960 NANDRAM, ROBERT KETCHUM, BIBI S 1740 TOWNSEND ST CLEARWATER FL 33755 - 2342 LEE, JANET E 1799 N HIGHLAND AVE # 67 CLEARWATER FL 33755 - 2112 AHRBECK, TOM A 1799 N HIGHLAND AVE # 70 CLEARWATER FL 33755 - 2112 SIMMONS, FREDERICKA 280 HOLDEN BEACH RD SW SHALLOTTE NC 28470 - 1706 SALGUEIRO, MARK SALGUEIRO, GLORIA 5451 WESTSHORE DR NEW PORT RICHEY FL 34652 - 3034 NEGLEY, CELIA B LIVING TRUST 1799 N HIGHLAND AVE # 79 CLEARWATER FL 33755 - 2112 GARITE, CHARLES A EST • 840 PECONIC AVE NORTH BABYLON NY 11704 - 5622 MALLORY, LINDA M 1799 HIGHLAND AVE N # 83 CLEARWATER FL 33755 - 2112 MISTAK, BOGUSLAW 1241 TURNER ST #A CLEARWATER FL 33756 - 5960 SAVELLE, ALICE L 1799 N HIGHLAND AVE # 89 CLEARWATER FL 33755 - 2112 GADIOT, JULES 28 CHEQUER RD E GRINSTEAD W SUSSEX RH19 3BW 00003 - GREAT BRITAIN RUFFOLO, GIOVANNI RUFFOLO, PASQUALINA 2 JULIA VALENTINA AVE WOODBRIDGE ON L4H IY7 00030- OLIVERI, DORIS 2771 5TH CT PALM HARBOR FL 34684 - 3821 SALAMONE, MARIA G SALAMONE, STEFANO 1739 LAKEVIEW RD CLEARWATER FL 33756 - 3678 BARNAS,TADEUSZ BARNAS, STEFANIA 1799 N HIGHLAND AVE # 104 CLEARWATER FL 33755 - 2112 PARKER, KITTIE E 3779 OLD GAMBER RD FINKSBURG MD 21048 - 2514 BENNETT, CARMEN E 106 6TH ST CAMBRIDGE MA 02141 - 2017 ABILITIES FOUNTAIN SQUARE 2735 WHITNEY RD CLEARWATER FL 33760 - 1610 POTEPA, ROMUALD 1799 N HIGHLAND AVE # 90 CLEARWATER FL 33755 - 2112 CLINE, ERNEST 3036 KAPOK KOVE DR CLEARWATER FL 33759 - 3216 BRZOSTOWSKI, DARIUSZ 18 E OLD WILLOW RD #222N PROSPECT HEIGHTS IL 60070 - 1947 YANNETTI, LEAH L 1799 N HIGHLAND AVE # 99 CLEARWATER FL 33755 - 2112 DABROWSKI, ANDRZEJ DABROWSKA, JOANNA 1799 HIGHLAND AVE NE # E- 102 CLEARWATER FL 33755 - 2125 ABILITIES FOUNTAIN SQUARE 2735 WHITNEY RD CLEARWATER FL 33760 - 1610 SALGUEIRO, MARK SALGUEIRO, GLORIA 5451 WESTSHORE DR NEW PORT RICHEY FL 34652 - 3034 AGATHOS, STEPHAN DEMETROULIS, JAMES H 1799 N HIGHLAND AVE # 85 CLEARWATER FL 33755 - 2112 CHASE FAMILY LTD PTRSP PO BOX 18402 TAMPA FL 33679 - 8402 HENION, ROBERT S THE 1401 M MISSOURI AVE # 213 LARGO FL 33770 - 1821 CLINE, ERNEST C 3036 KAPOK KOVE DR CLEARWATER FL 33759 - 3216 BECK, JERALD BECK, RENEE 9700 BOOT RD COLUMBIA STATION OH 44028 KELLER, JEFFREY 1799 N HIGHLAND AVE # 100 CLEARWATER FL 33755 - 2112 WHITLOW, RAYMOND WHITLOW, BARBARA 28 BELGATE PL ETOBICOKE ONT M9C 3Y4 00030- SACASA, CONSTANTINO SACASA, NYLDA L 57 THROCKMORTEN LN OLD BRIDGE NJ 08857 - 2523 RUSSELL, FRANK A JR SHEHU, MELAHAT ARIAS, ANDRES 1799 N HIGHLAND AVE # 107 1799 N HIGHLAND AVE # 108 1799 N HIGHLAND AVE # 109 CLEARWATER FL 33755 - 2112 CLEARWATER FL 33755 - 2112 CLEARWATER FL 33755 - 2112 SACASA, CONSTANTINO SR vx SACASA, NYLDA L 57 THROCKMORTEN LN OLD BRIDGE NJ 08857 - 2523 ABILITIES FOUNTAIN SQUARE 2735 WHITNEY RD CLEARWATER FL 33760 - 1610 COLE, R ROSSER COLE, LUCY B 2000 HILL DR LOS ANGELES CA 90041 - 1204 ABILITIES FOUNTAIN SQUARE 2735 WHITNEY RD CLEARWATER FL 33760 - 1610 LAPLANTIF, JOEL LAPLANTIF, CATHERINE 1799 N HIGHLAND AVE # 122 CLEARWATER FL 33755 - 2112 ROBINSON, CYNTHIA L 1799 HIGHLAND AVE N # 125 CLEARWATER FL 33755 - 2112 • RIBISI, ALBERT A 2860 GRACELAND WAY GLENDALE CA 91206 - 1329 LANTZ, DAVID HENRY LANTZ, PEARL 10051 CLYBOURN AVE SHADOW HILLS CA 91040 - 1317 GARCIA, MANUEL A SR GARCIA, MIREYA 1799 N HIGHLAND AVE # 131 CLEARWATER FL 33755 - 2112 DARREY, JOHN J DARREY, GERTRUDE E 1799 N HIGHLAND AVE # 134 CLEARWATER FL 33755 - 2112 SHARP, ANGELA 1799 N HIGHLAND AVE # 114 CLEARWATER FL 33755 - 2112 STRICKLAND, JAMES A EST 10504 HAPPY HOLLOW AVE ODESSA FL 33556 - 2009 BALLMAN, JOSEPH C BALLMAN, EDWINA 9300 S 1000 W ANDERSON IN 46017 - 9303 • GALIK, MICHAEL A GALIK, PAMELA J 1799 N HIGHLAND AVE # G -112 CLEARWATER FL 33755 - 2125 ABILITIES FOUNTAIN SQUARE 2735 WHITNEY RD CLEARWATER FL 33760 - 1610 GRAHAM, RANA R 1799 HIGHLAND AVE N # 126 CLEARWATER FL 33755 - 2112 DETWEILER, GERALD B JR 1799 N HIGHLAND AVE # 129 CLEARWATER FL 33755 - 2112 WELLS, THEODORE A THE WELLS, ELLEN J THE 13517 EBELL ST PANORAMA CITY CA 91402 - 5534 LOCCO, MARIO LOCCO, ROMANA 129 COLOMBO CRES MAPLE ON L6A 2T9 00030 - CANADA SILVER, LARRY P SILVER, VICTORIA 1799 N HIGHLAND AVE # 115 CLEARWATER FL 33755 - 2112 KETCHUM, BIBI S 1740 TOWNSEND ST CLEARWATER FL 33755 - 2342 NANDRAM, ROBERT PO BOX 429 DUNEDIN FL 34697 - 0429 SMTIH, DEAN A SMITH, JANE E 1799 N HIGHLAND AVE # 124 CLEARWATER FL 33755 - 2112 KOWALCZYK, JUDY 1799 N HIGHLAND AVE # 127 CLEARWATER FL 33755 - 2112 FORD, DONALD R FORD, DEBORAH L 1799 N HIGHLAND AVE # 130 CLEARWATER FL 33755 - 2112 HANSON, DORIS E 6 BELLEVIEW BLVD #803 BELLEAIR FL 33756 - 1966 TAIT, ROBERT J TAIT, ROBERT 1799 N HIGHLAND AVE # P136 CLEARWATER FL 33755 - 2128 ABILITIES FOUNTAIN SQUARE JAQUEZ- SUAREZ, CRUZ A WERTHEIM, MARILYN D 2735 WHITNEY RD 1799 N HIGHLAND AVE # 138 SMITH, CHRISTINE CLEARWATER FL 33760 - 1610 CLEARWATER FL 33755 - 2112 1680 S LAKE AVE # 6 CLEARWATER FL 33756 - 6302 DIXON, RICHARD A DIXON, KATHY 7006 SW BRIER PL PORTLAND OR 97219 - 2260 DE LELLIS, RALPH JR 2081 CRUGER AVENUE #2 -L BRONX NY 10462 - 2333 CAMBIGUE, BRUCE A CAMBIGUE, CLAUDIA 1799 N HIGHLAND AVE # T51 CLEARWATER FL 33755 - 2115 RAGON, EFFIE R 2835 TALISMAN CT NE ATLANTA GA 30345 - 2029 GALLAGHER, GIOVANNA 1799 N HIGHLAND AVE # 152 CLEARWATER FL 33755 - 2112 PIERCY, JEAN 1799 N HIGHLAND AVE # 155 CLEARWATER FL 33755 - 2112 O'CONNELL, EDWARD O'CONNELL, JILL 2463 BAYWOOD DR W DUNEDIN FL 34698 - 2014 • PALMER, MARIA S • MOSS, THATCHER 407 10TH ST NW 1799 N HIGHLAND AVE # 142 LARGO FL 33770 - 2370 CLEARWATER FL 33755 - 2112 MANGELS, DOLORES 10031 LEISURE LN N JACKSONVILLE FL 32256.- 0572 LANGE, GOTTFRIED LANGE, KARIN 41 N FT HARRISON AVE CLEARWATER FL 33755 - 4016 SHEHU,FATBARDH BALLA, SHEMZI 1799 N HIGHLAND AVE # 144 CLEARWATER FL 33755 - 2112 LALLY, KEITH E LALLY, DEBORAH A 518 EDITH RD LANDING NJ 07850 - 1715 CONK, SANDRA 1799 N HIGHLAND AVE # 150 CLEARWATER FL 33755 - 2112 PIEKARSKI, EDWARD A 1799 N HIGHLAND AVE # 153 CLEARWATER FL 33755 - 2112 ADEN, DAVID L 4611 KLING DR ALEXANDRIA VA 22312 - 1512 CLARKSON, CLIFFORD VESENTIN, LOIS T 286 HIGHRIDGE AVE HAMILTON ON L8E 3P7 00030 - CANADA RUFFOLO, MARIO PANZA- RUFFOLO, EMILIA 70 THISTLERIDGE DR WOODRIDGE ON L4L 3K4 00030- KNAPMEYER, DONALD C 1799 HIGHLAND AVE N # 163 CLEARWATER FL 33755 - 2112 PALDINO, VINCENZO PALDINO, MARIA 12 AMORO DR ETOBICOKE ON M9W 4R9 00030- KATZ, IRA G KATZ, SUZAN E 1421 TROUT BROOK DR YORKTOWN NY 10598 - 4940 CRAWFORD, RYAN L HIGGINS, ARCH W 1799 N HIGHLAND AVE #151 CLEARWATER FL 33755 - 2112 GALIK, MICHAEL A GALIK, PAMELA J 1799 N HIGHLAND AVE APT G112 CLEARWATER FL 33755 - 2125 DUGAN; PATRICK M DUGAN, MARY B 29 EDGEWOOD DR BALDWINSVILLE NY 13027 - 1222 LANGE, GOTTFRIED A ZIOLKO - LANGE, KARIN 41 N FT HARRISON AVE CLEARWATER FL 33755 - 4016 KNAPMEYER, DONALD C 1465 S FT HARRISON AVE STE 101 CLEARWATER FL 33756 - 2504 TAMS, SUSANNE 218 N JEFFERSON AVE CLEARWATER FL 33755 - 4718 HUNTER, MARY TAPTICH, NANCY KIDWELL, ELISA D 1799 N HIGHLAND AVE # M167 501 BROOKSIDE DR WILKINSON, JOHN D JR CLEARWATER FL 33755 - 2132 SWANTON OH 43558 - 1106 1799 N HIGHLAND AVE #169 CLEARWATER FL 33755 - 2112 ALEPINS, LOUISE NUCCI, VINCENZA • BEZEAU, CLINT L 1799 N HIGHLAND AVE # 170 1799 N HIGHLAND AVE # 171 1799 N HIGHLAND AVE # 172 CLEARWATER FL 33755 - 2112 CLEARWATER FL 33755 - 2112 CLEARWATER FL 33755 - 2112 RESZEL, MARC W 10 N BUFFALO GROVE RD BUFFALO GROVE IL 60089 - 1702 HUNTER, MARK F THE HUNTER, LOUISE A THE 89 STREIBER DR CHICOPEE MA 01020 - 3055 LESNIAK, STANLEY J JR LESNIAK, PATRICIA A 742 CHESTER PIKE RIDLEY PARK PA 19078 - 1405 PALMER, KATHLEEN M 1799 N HIGHLAND AVE # 182 CLEARWATER FL 33755 - 2112 ELLIOTT, ROBERT E ELLIOTT, RAE 1799 N HIGHLAND AVE # 185 CLEARWATER FL 33755 - 2112 ANDRUS, NICHOLAS B 1799 N HIGHLAND #188 CLEARWATER FL 33755 - 2112 CLARK, LEE R CLARK, VIRGINIA B 1575 GREENLEA DR # 2 CLEARWATER FL 33755 - 2211 PIERATT, NAOMI H 1575 GREENLEA DR # 5 CLEARWATER FL 33755 - 2212 KULP, ROY 1799 W HIGHLAND AVE # 174 CLEARWATER FL 33755 - PEZZELLA, LISA C 1799 HIGHLAND AVE # 177 CLEARWATER FL 33755 - 2112 BARI, AKM FAZLUL BARI, MOMTAZ 1799 N HIGHLAND AVE # 180 CLEARWATER FL 33755 - 2112 FLANAGAN, ROBERT C FLANAGAN, SUSAN G 6111 SISTER ELSIE DR TUJANGA CA 91042 - 2542 BUCHELE, NICKOLAUS 13360 VERONA TUSTIN CA 92782 - 9140 PINES OF CLEARWATER CONDO ASSN 552 MAIN ST SAFETY HARBOR FL 34695 - 3549 MC KEAN, WILLIAM R MC KEAN, MILDRED I 424 SOUTHVILLE DR JACKSONVILLE IL 62650 - 3266 BLAIR, JANET THE NEGLEY, CELIA B THE 1575 GREENLEA DR APT 6 CLEARWATER FL 33755 - 2212 LABRADOR, MINERVINO LABRADOR, EVA 1799 N HIGHLAND AVE # 175 CLEARWATER FL 33755 - 2112 DAVIS, DAWN M DAVIS- CHERRIX, SONJA 1799 N HIGHLAND AVE # 178 CLEARWATER FL 33755 - 2112 PAYNE, VICKI L 1799 N HIGHLAND AVE # 181 CLEARWATER FL 33755 - 2112 BRUSEK, HELEN 1230 W EDDY ST CHICAGO IL 60657 - 1430 OPPMAN, TRACY 1799 N HIGHLAND AVE # 187 CLEARWATER FL 33755 - 2112 AGUIRRE, ELOY 87 RUTGERS RD #A PISCATAWAY NJ 08854 - 3443 GILREATH, DENISE A 844 DANCY AVE SAVANNAH GA 31.419 - 3008 PATCHETT, ROBERT T PATCHETT, DONNA M 1575 GREENLEA DR # 7 CLEARWATER FL 33755 - 2212 MULCAHY, KATHLEEN W PETTIT, BRADFORD HRSTKA, JANICE S 9707 S WINCHESTER AVE PETTIT, ELIZABETH BISOGNO, KAREN H CHICAGO IL 60643 - 1615 470 SUNRISE DR 1575 GREENLEA DR # 10 GOLDEN CO 80401 - 7231 CLEARWATER FL 33755 - 2213 HIX, SANDRA S SANCHEZ, ARMANDO E MASZERA, MARY 1575 GREENLEA DR # 11 SANCHEZ, MARIA A 4 DORSET RD CLEARWATER FL 33755 - 2213 2225 SW 82ND CT COLONIA NJ 07067 - 3102 MIAMI FL 33155 - 1244 RADECKI, CHRISTIAN OTTATI, WILLIAM 3506 FOX RUN DR PLAINSBORO NJ 08536 - 2716 LONG, WREN BALDWIN, GERRY 1223 S DYKE RD NEW WESTMINSTER BC V3M 6T3 00030- TUORI, MARY 8 HAVILAND ST WORCESTER MA 01602 - 2109 CLARK, BILL M P O BOX 236 ANDREWS IN 46702 - 0236 GINART, GASPAR L GINART, MARIA 27 TERRACE RD WAYNE NJ 07470 - 3435 SCHAMEL, KATHLEEN D 1579 GREENLEA DR # 5 CLEARWATER FL 33755 - 2218 BARBARISI, ANTHONY E BARBARISI, LENA M 1579 GREENLEA DR # 8 CLEARWATER FL 33755 - 2218 ANDRUS, DONNA 500 N OSCEOLA CLEARWATER FL 33755 - 3947 LELACHEUR, ROBERT A LELACHEUR, SHIRLEY A 3847 EATON GATE LN AUBURN HILLS MI 48326 - 3885 MOXIE, MICHAEL J MOXIE, DENISE 1152 ROSEWOOD CIR SE NORTH CANTON OH 44720 - 4351 BENNETT, DELMAR C BENNETT, CLARA M 12 VIRGINIA DR JEFFERSONVILLE IN 47130 - 5258 WELSH, EARL J WELSH, KAREN S 1577 GREENLEA DR # 12 CLEARWATER FL 33755 - 2216 ILIC, ZORAN ILIC, SEDINA 8760 47TH ST PINELLAS PARK FL 33782 - 5728 HASTINGS, MARTIN V 1 577 GREENLEA DR # 7 CLEARWATER FL 33755 - 2215 MASZERA, ALESSANDRA 1577 GREENLEA DR # 10 CLEARWATER FL 33755 - 2216 SOTIROS, NICHOLAS J JR SOTIROS, MARIE E 10854 S ROCKWELL CHICAGO IL 60655 - 1216 BARTHOLOMEW, JOAN M MC PHILLIPS, PATRICIA A 3434 KEENE LAKE DR MC PHILLIPS, KATHLEEN M LARGO FL 33771 - 1340 1579 GREENLEA DR # 4 CLEARWATER FL 33755 - 2217 SPITHOYANIS, MICHAEL 2135 MCKINLEY ST CLEARWATER FL 33765 - 2541 HEFLIN, JAMES C HEFLIN, BONITA S 1579 GREENLEA DR # 9 CLEARWATER FL 33755 - 2219 MATTHEWS, MARK L 1579 GREENLEA DR # 12 CLEARWATER FL 33755 - 2219 ANDRUS, DONNA 500 N OSCEOLA AVE # PHE CLEARWATER FL 33755 - 3947 O'NEIL, MATTHEW D 1579 GREENLEA DR # 10 CLEARWATER FL 33755 - 2219 1589 GREENLEA DRIVE LLC 774 SNUG ISL CLEARWATER FL 33767 - 1831 ZAJAC, RITA OGLE, SHARON M ZIMMERMAN, NORMAN M ZAJAC, MICHAEL F 406 TAYLOR AVE ZIMMERMAN, JOHANN E 11155 S SAINT LOUIS AVE ANNAPOLIS MD 21401 - 2332 3 VIRGINIA DR CHICAGO IL 60655 - 3520 JEFFERSONVLLE IN 47130 - 5257 DEBLOIS, MONIQUE C 255 DOLPHIN PT #906 CLEARWATER FL 33767 - 2121 MAUBACH - CHANDRA, VERA CHANDRA, STEPHAN DUERSELER WEG 4 MOENCHENGLAD 41199 00004 TICHKO, JUNE S EST 1589 GREENLEA DR # 11 CLEARWATER FL 33755 - 2224 BAKER, HARRIETTE THE BAKER, WAYNE E THE 1560 GREENLEA DR CLEARWATER FL 33755 - 2208 TUGGLE, CHARLES S TUGGLE, MARY LOUISE 13203 GULF BLVD # 4 MADEIRA BEACH FL 33708 - 2632 STROUP, STEPHEN H 1808 MAGNOLIA DR CLEARWATER FL 33764 - 4658 GONZALEZ, JOSE A 1840 WEST DR CLEARWATER FL 33755 - 2243 WHITEHURST, CHRISTOPHER M GROSS, PATRICIA 1828 WEST DR CLEARWATER FL 33755 - 2243 VASSOS, KIMBERLY K 1816 WEST DR CLEARWATER FL 33755 - 2243 WINKLER, THOMAS T JR • 1589 GREENLEA DR # 6 CLEARWATER FL 33755 - 2223 LUBELL, DAVID THE LUBELL, RUTH THE 620 FAYETTE DR N SAFETY HARBOR FL 34695 - 4304 SCHIERENBECK, LEE L 1589 GREENLEA DR # 12 CLEARWATER FL 33755 - 2224 ANDERSON, H GREGORY ANDERSON, KATHERINE D 7006 GREENBRIER DR SEMINOLE FL 33777 - 4515 ZACHER, BEVERLY J 1824 EAST DR CLEARWATER FL 33755 - 2248 DOYLE, WILLARD N DOYLE, FRANCES G 1875 BARCELONA DR DUNEDIN FL 34698 - 2806 LIBBY, MATTHEW E LIBBY, KIMBERLY A 1836 WEST DR CLEARWATER FL 33755 - 2243 FIELDS, DARREN D 1824 WEST DR CLEARWATER, FL 33755 - 2243 MEEHAN, MICHELE K 1812 WEST DR CLEARWATER FL 33755 - 2243 ABREU, WILSON R 4152 ROLLING SPRINGS DR TAMPA FL 33624 - 2377 CORR, RAYNARD D 10447 KUMQUAT LN SEMINOLE FL 33772 - 7517 SHIFFER, JAMES W JACOBSEN, TARA L 1552 GREENLEA DR CLEARWATER FL 33755 - 2208 DURRANCE, CARL C THE DURRANCE, JEANETTE Y THE 1600 S MACDILL AVE TAMPA FL 33629 - 5200 CHANDLER, WILLIAM M 1828 EAST DR CLEARWATER FL 33755 - 2249 CROYLE, RANDALL E JR CROYLE, PATRICIA L 1844 WEST DR CLEARWATER FL 33755 - 2243 GETCHELL, JUDITH L 1447 RIDGELANE RD CLEARWATER FL 33755 - 1262 BAKER, ROBERT BAKER, VIKKI 1820 WEST DR CLEARWATER FL 33755 - 2243 PICARD, GEORGE H PICARD, MARTHA 1808 WEST DR CLEARWATER FL 33755 - 2243 INGRAM, ALFREDA REYNOLDS, MELANIE WRIGHT, LORRAINE R 1544 GREENLEA DR 1546 GREENLEA DR 1809 WEST DR CLEARWATER FL 33755 - 2267 CLEARWATER FL 33755 - 2267 CLEARWATER FL 33755 - 2244 SHELDON, CATHERINE L 1813 WEST DR CLEARWATER FL 33755 - 2244 PHILLIP, ANGUS 1829 WEST DR CLEARWATER FL 33755 - 2244 VARASSE, FRANCES R 1835 WEST DR CLEARWATER FL 33755 - 2244 STUCKER, RICKEY G PO BOX 8313 CLEARWATER FL 33758 - 8313 POLLACK, LOREN M THE SCHER, H SARA THE 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33761 - 3490 EVANS, BRENDA M 1487 OTTEN ST CLEARWATER FL 33755 - 2037 LAZAR, BERNICE E 1468 CAROLYN LN CLEARWATER FL 33755 - 2009 WALTERS, DELBERT C 1486 CAROLYN LN CLEARWATER FL 33755 - 2009 POISSON, YVETTE DE ROLLO, ANTHONY J JR 1487 CAROLYN LN CLEARWATER FL 33755 - 2010 COLEMAN, DON A JR COLEMAN, JEANNE M 1817 WEST DR CLEARWATER FL 33755 - 2244 TAYLOR, LAURA L 1831 WEST DR CLEARWATER FL 33755 - 2244 MUKA, SPIRO MUKA, ANGELA 1841 WEST DR CLEARWATER FL 33755 - 2244 • CANN, DENNIS L PO BOX 7744 CLEARWATER FL 33758 - 7744 POLLACK, LOREN M THE SCHER, H SARA THE 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33761 - 3490 POLLACK, LOREN M THE SCHER, H SARA THE PO BOX 1000 PORTLAND ME 04104 - 5005 TRULL, TRICIA E 1481 OTTEN ST CLEARWATER FL 33755 - 2037 PLOCK, MATTHEW A 1474 CAROLYN LN CLEARWATER FL 33755 - 2009 GROSS, CLEAREATHER B GROSS, LOUIS E 1492 CAROLYN LN CLEARWATER FL 33755 - 2009 ROSAS- MARTINEZ, EUNICE VARGAS, MARCOS F 1758 N HIGHLAND AVE CLEARWATER FL 33755 - 2107 FLS2007- 04018- 1815 N Highland Scott Kurleman MAGUERI, VINCENT M 1833 WEST DR CLEARWATER FL 33755 - 2244 LADD, ROBERT B LADD, JANET A 1843 WEST DR CLEARWATER FL 33755 - 2244 POLLACK, LOREN M THE SCHER, H SARA THE 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33761 - 3490 HOUGHTON, LOUISE V 1493 OTTEN ST CLEARWATER FL 33755 - 2037 DAVIS, WENDELL R DAVIS, LINDA M 1475 OTTEN ST CLEARWATER FL 33755 - 2037 MURPHONE, FRANK S 1480 CAROLYN LN CLEARWATER FL 33755 - 2009 LIBERTI, LANCE A HOLDEN, ANDREA AYERS 1493 CAROLYN LN CLEARWATER FL 33755 - 2010 Clearwater Neighborhood Coalition Joe Evich PO Box 8204 Clearwater, Fl 33758 • i Clearwater April 10, 2007 Kimley -Horn & Associates_ 10117 Princess Palm Avenue Suite 300 Tampa, F133619 CITY OF CLE *RWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. COM VIA FAX: 813- 620 -1542 RE: FLS2007 -04018 -- 1815 N HIGHLAND AVE -- Letter of Completeness Dear Kimley -Horn & Associates: The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 04018. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on May 03, 2007, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 562- 4567x2504 or Scott.Kurleman@myclearwater.com. Sincerely yours, Scott Kurleman Planner II Letter of Completeness - FLS2007 -04018 - 1815 NHIGHLAND AVE April 10, 2007 • CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER.COM Kimley -Horn & Associates VIA FAX: 813- 620 -1542 10117 Princess Palm Avenue Suite 300 Tampa, Fl 33619 RE: PLT2007 -00003 -- 1815 N HIGHLAND AVE -- Letter of Completeness Dear Kimley -Horn & Associates: The Planning Staff has entered your application into the Department's filing system and assigned the case number: PLT2007- 00003. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on May 03, 2007, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 562- 4567x2504 or Scott.Kurleman@myclearwater.com. Sincerely yours, 1 Scott Kurleman Planner II Letter of Completeness - PLT2007 -00003 - 7815 N HIGHLAND AVE [-44Hk Kimley -Horn and Associates, Inc. March 30, 2007 047153651.1.115 Mr. Richard Alt Southwest Florida Water Management District Tampa Service Office (Headquarters) 7601 US Hwy Tampa, FL 33637 -6759 Re: Environmental Resource Permit Submittal Wal*'Mart — Clearwater (Highland), Florida Store # 4667 -00, NewNM Highland and Greenlea Site S/T/R: 2/29S/15E County: Pinellas County Dear Mr. Alt: Please let this letter serve as a request to obtain an Environmental Resource Permit for the above referenced project. The project is redevelopment of a 7.80 ( + / -) acre commercial site. Wal -Mart Stores East, LP is proposing to construct containing a Wal -Mart Neighborhood Market, various other retail shops, associated infrastructure, and stormwater facility. This submittal package includes the following to support this ERP request: • ERP Application (inc. Sections A, C, and E) • Site Constructions Plans - 5 sets • Calculation and Supporting Information - 5 copies • Application Fee Check for $1,600 (CK#15329) Should you have any further questions or need additional information please do not hesitate to call. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. al all, PE Project Manager Attachments ■ TEL 813 620 1460 FAX 813 620 1542 61*'N "'qtr , L P'4 i 01 Suite 300 10117 Princess Palm Avenue Tampa, Florida 33610 -8304 0 RIC:�:e,�.t AP") Phi C 4N la f� t -Z4 1 4 • • Kimley -Horn and Associates, Inc. April 9, 2007 Mr. Scott Kurleman City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 ORIGINAL RECEIVED APR 0 9 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ■ Suite 300 10117 Princess Palm Avenue Tampa, Florida 33610 -8304 Re: Wal *Mart — Clearwater (Highland), FL — FLS2007 -04018 Store No. 4667 -00, Highland & Greenlea Site KHA File No. 047253651 Dear Mr. Kurleman: On behalf of Wal *Mart Stores East LP., Kimley -Horn and Associates, Inc., (KHA) is providing a response to your comments dated April 4, 2007. Our responses are as follows: Comment 1: Stormwater section must be initialed. Revise. Response: Revised. Comment 2: Traffic Impact Study section must be initialed. Revise. Response: Revised. Comment 3: Fire Flow Section must be initialed. Revise. Response: Revised Comment 4: The application states a Comprehensive Landscape Program Application has been submitted. It has not been included. Revise. Response: The Comprehensive Landscape Program was not and will will not be submitted. The application has been revised to reflect this. Comment 5: Application states a Comprehensive Sign Application has been submitted. It has not been included in the application. Revise. ■ TEL 813 620 1460 FAX 813 620 1542 12 = Kimley -Horn MFI and Associates, Inc. Mr. Scott Kurleman, April 9, 2007, Page 2 Response: Per City of Clearwater, a Comprehensive Sign Application will be submitted upon approval of the flexible standard development application. Comment 6: Per site plan submittal requirements: Indicate the required setbacks and the proposed setbacks on all sides including dimensions. Revise. Response: Revised. Comment 7: Per site plan submittal requirements: Provide all required site triangles. Revise. Response: Revised. Comment 8: Per site plan submittal requirements: Depiction by shading or crosshatching of all required parking lot interior landscaped areas. Revise. Response: Revised. Comment 9: Per site plan submittal requirements: Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening. Revise. Response: Revised. The lone waste facility (trash compactor) will be screened by the Wal -Mart delivery docks as noted on the site plan. Comment 10: Show existing landscaping and parking at 1831 N Highland Avenue and demonstrate how is complies with the current landscape requirements. Revise. Response: Revised. Comment 11: Per Section 1: Provide color building elevations of all proposed new development of all sides of the buildings with dimensions, colors and materials. One full sized set and one reduced size set. Revise. Response: Included. Comment 12: Provide color building elevations of ALL existing buildings to remain and color elevations of existing buildings after renovation of all sides of the buildings with dimensions, colors and ORIGINAL RECEIVED AJPR 0 9 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ®_ ® Klmley-Horn Mr. Scott Kurleman,April 9, 2007, Page 3 ® and Associates, Inc. materials as was discussed at the 3/21/2007 BPRC meeting. One full sized set and one reduced size set. Revise. Response: Included. Comment 13: Per Section J. ALL EXISTING freestanding and attached signs. Provide photographs and dimensions (area, height etc) indicate whether they are to be removed or remain. ALL PROPOSED freestanding and attached signs including location, size, height, colors, materials and drawing. Response: Included. All existing signs will be removed. Should you have any questions, please call me at (813) 620 -1460. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. Pl'aniel a R. Linv den, E ' I. Project Analyst DW W /adt H: \047253 - Wal -Mart \651 - Clearwater (Highland)\ Documents\ Permitting \Clearwater\Response to comments.Kurleman.4.9.07.doc Attachments CC: ORIGINAL RECEIVED APR 0 9 2007 PLANNING DEPARTmEW CITY OF CLEARWATFP� „r 0 • ❑ = ❑ Kimley -Horn and Associates, Inc. April 9, 2007 Mr. Scott Kurleman City of Clearwater Planning Department Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Wal*Mart — Clearwater (Highland), FL — FLS2007 -04018 Store No. 4667 -00, Highland & Greenlea Site KHA File No. 047253651 Dear Mr. Kurleman: On behalf of Wal *Mart Stores East LP., Kinley -Horn and Associates, Inc., (KRA) is providing a response to your comments dated April 4, 2007. Our responses are as follows: Comment 1: Stormwater section must be initialed. Revise. Response: Revised. Comment 2: Traffic Impact Study section must be initialed. Revise. Response: Revised. Comment 3: Fire Flow Section must be initialed. Revise. Response: Revised Comment 4: The application states a Comprehensive Landscape Program Application has been submitted. It has not been included. Revise. Response: The Comprehensive Landscape Program was not and will will not be submitted. The application has been revised to reflect this. Comment 5: Application states a Comprehensive Sign Application has been submitted. It has not been included in the application. Revise. ■ Suite 300 10117 Princess Palm Avenue Tampa, Florida 33610.8304 ORIGfW RECEIVED OR 0 9 2007 TEL 813 620 1460 PLAiVIVING FAX 813 620 1542 C17Y OF CLEARWAER T is 0 ❑ � ❑ Kimley -Horn and Associates, Inc. Mr. Scott Kurleman, April 9, 2007, Page 2 Response: Per City of Clearwater, a Comprehensive Sign Application will be submitted upon approval of the flexible standard development application. Comment 6: Per site plan submittal requirements: Indicate the required setbacks and the proposed setbacks on all sides including dimensions. Revise. Response: Revised. Comment 7: Per site plan submittal requirements: Provide all required site triangles. Revise. Response: Revised. Comment 8: Per site plan submittal requirements: Depiction by shading or crosshatching of all required parking lot interior landscaped areas. Revise. Response: Revised. Comment 9: Per site plan submittal requirements: Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening. Revise. Response: Revised. The lone waste facility (trash compactor) will be screened by the Wal -Mart delivery docks as noted on the site plan. Comment 10: Show existing landscaping and parking at 1831 N Highland Avenue and demonstrate how is complies with the current landscape requirements. Revise. Response: Revised. Comment 11: Per Section 1: Provide color building elevations of all proposed new development of all sides of the buildings with dimensions, colors and materials. One full sized set and one reduced size set. Revise. Response: Included. Comment 12: Provide color building elevations of ALL existing buildings to remain and color elevations of existing buildings after renovation of all sides of the buildings with dimensions, colors and ORICIM RECEIVED e N 0 9 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ❑ - ❑ Kimley -Horn Mr. Scott Kurleman, April 9, 2007, Page 3 and Associates, Inc. materials as was discussed at the 3/21/2007 BPRC meeting. One full sized set and one reduced size set. Revise. Response: Included. Comment 13: Per Section J. ALL EXISTING freestanding and attached signs. Provide photographs and dimensions (area, height etc) indicate whether they are to be removed or remain. ALL PROPOSED freestanding and attached signs including location, size, height, colors, materials and drawing. Response: Included. All existing signs will be removed. Should you have any questions, please call me at (813) 620 -1460. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. L' N Na ia nie R. Linden, E.I. Project Analyst DW W /adt H: \047253 - Wal -Mart\651 - Clearwater (Highland)\ Documents \Perniitting \Clearwater\Response to comments.Kurleman.4.9.07.doc Attachments CC: ORIGINAL REOFIVED APR 0 9 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Clearwater April 04, 2007 Kimley -Horn & Associates 10117 Princess Palm Avenue Suite 300 Tampa, F133619 • CITY OF CLEORWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 WWW.MYCLEARWATER. COM VIA FAX: 813 - 620 -1542 RE: FLS2007 -04018 -- 1815 N HIGHLAND AVE -- Letter of Incompleteness Dear Kimley -Horn & Associates: The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 04018. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. ail. Stormwater section must be initialed. Revise 12. Traffic Impact Study section must be initialed. Revise Fire Flow Section must be initialed. Revise The application states a Comprehensive Landscape Program Application has been submitted. It has not been included. Revise Application states a Comprehensive Sign Application has been submitted. It has not been included in the application. Revise Per site plan submittal requirements: Indicate the required setbacks and the proposed setbacks on all sides including dimensions. Revise Per site plan submittal requirements: Provide all required site triangles. Revise Per site plan submittal requirements: Depiction by shading or crosshatching of all required parking lot interior landscaped areas. Revise -A/ Per site plan submittal requirements: Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening. Revise I/ Show existing landscaping and parking at 1831 N Highland Avenue and demonstrate how is / complies with the current landscape requirements. Revise I/1. Per Section I: Provide color building elevations of all proposed new development of all sides of the buildings with dimensions, colors and materials. One full sized set and one reduced size set. Revise 1/Z Provide color building elevations of ALL existing buildings to remain and color elevations of existing buildings after renovation of all sides of the buildings with dimensions, colors and materials as was discussed at the 3/21/2007 BPRC meeting. One full sized set and one reduced size set. Revise 13. Per Section J. ALL EXISITNG freestanding and attached signs. Provide photographs and dimensions (area, height etc) indicate whether they are to be removed or remain. ALL PROPOSED freestanding and attached signs including location, size, height, colors, materials and drawing. Letter of Incompleteness - FLS2007 -04018 - 1815 NHIGHLAND AVE I *CITY OFCLE*RWATER Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MYCLEARWATER. C OM April 04, 2007 Section 4 -202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by Monday April 9, 2007 @ 3PM. If you have any questions, please do not hesitate to contact me at 562- 4567x2504 or Scott .Kurleman @myclearwater.com. Sincerely yours, /V �Ze& Scott Kurleman Planner II Letter of Incompleteness - FLS2007 -04018 - 1815 N HIGHLAND AVE Pinellas County Property App Information: 02 29 15 00000 310 0500 Page 2 of 4 02 1 2 / 15 1 00000 1 310 I 0500 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:47 Ownership Information Non - Residential Property Address, Use, and Sales MC MURRICH DEU CO INC OBK: 13164 OPG; 0575 203 LOOKOUT PL # A MAITLAND FL 32751 -8407 EVAC: Non -EUAC Comparable sales value as Prop Addr: 1831 H HIGHLAND AUE of Jan 1, 2006, based on Census Tract; 267.01 sales from 2004 - 2005; 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 10/2,003 13,1641 575 350,000 (Q) I 0000: Book Pgs - 12/1,993 8,50912,111 1,285,000 (U) I 0000; Book Pgs - 0 11,975 4,259/ 422 95,000 (Q) U 0000: Book Pgs - 0 /1,975 4,259/ 422 95,000 (Q) U 2006 Value EXEMPTIONS Just /Market; 450,000 Homestead: NO Ownership % .000 Govt Exem; NO Use %: .000 Assessed /Cap: 450,000 Institutional Exem; NO Tax Exempt; .000 Historic Exem: 0 Taxable; 450,000 Agricultural: 0 2006 Tax Information District; CW Seawall: Frontage: Clearwater View; 06 Millage; 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes; 9,793.80 1) 150 x 150 9.00 22, 500.00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save - Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be ; 5) 0 x 0 .00 .00 9,793.80 6) 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be ; 91793.80 Short Legal E 150 FT OF W 200 FT OF S 150 FT OF N 360 FT OF SW Description 1/4 OF HE 1/4 OF SW 114 Building Information http:// 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property App r ' er Information: 02 29 15 00000 310 0500 Page 3 of 4 Property and Land Use Code descriptions / / 02 / 29 / 15 1 00000 I 310 I 0500 :01 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:47 Commercial Card 01 of 1 Improvement Type: Bank Branch Property Address: 1831 H HIGHLAND AVE Prop Use: 331 Land Use: 23 Structural E1E3mE:nts Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Conc Block /Brick Height Factor 0 Party Wall None Structural Frame Hone Roof Frame Gable & Hip Roof Cover Composition Shingle Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 6 Bath Tile Floor and Wall Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1. 00 Year Built 1,975 Effective Age 25 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub ArE3 as C'ammorcial Extra F�eatur�s Description Factor Area Value Description Factor Area 1) Base Area 1. 00 2,640 7) . 00 0 2) Open Porch . 30 2,244 8) . 00 0 3) BK WINDOW .00 0 9) .00 0 4) .00 0 10) .00 0 5) . 00 0 11) , 00 0 6) .00 0 12) .00 0 C'ammorcial Extra F�eatur�s Pinellas County Property Appraiser Parcel Information http:// 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Description Dimensions Price Units Value RCD Year 1) ASPHALT 1324SF 1.75 1,324 2,320 2,320 999 2) COHC PAVE 600SF 4.00 600 2,400 2,400 999 3) BK WINDOW 10,000.00 1 10,000 4,800 1,975 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 91520 Pinellas County Property Appraiser Parcel Information http:// 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property Apprser Information: 02 29 15 00000 310 0� Page 2 of 9 02 / 29 / 15 / 00000 / 310 / 0700 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:18 Ownership Information Non - Residential Property Address, Use, and Sales MORGRAN CO OBK: 07602 OPG: 1117 C/O GRUBB & ELLIS MGMT SUCS 3030 N ROCKY POINT DR W # 560 TAMPA FL 33607 -5905 EVAC: Hon -EUAC Comparable sales value as Prop Addr: 1815 HIGHLAND AUE of Jan 1, 2006, based on Census Tract: 267.01 sales from 2004 - 2005: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 6 /1,991 7,602/1,117 1,928,100 {U} I 0000: Book Pgs - 5 /1,986 6,222/ 741 1,800,000 (Q) I 0000: Book Pgs - 2 /1,982 5,307/ 487 1,450,000 {Q} I 0000: Book Pgs - 0 /0 01 0 0 { } 2006 Value EXEMPTIONS Just /Market: 2,675,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 2,675,000 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 2,675,000 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 58,218.70 1} 0 x 0 5.00 250, 581. 0 S Special Tax .00 2} 0 x 0 5.00 66, 329.00 S 3} 0 x 0 .00 .00 Without the Save -Our -Homes 4} 0 x 0 .00 .00 cap, 2006 taxes will be : 5} 0 x 0 .00 .00 58, 218.70 6} 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be 58, 218.70 Short Legal FROM SW CDR OF HE 1/4 OF SW 1/4 RUN N 30 FT & E 200 Description FT FOR POB TH N 150 FT TH W 150 FT TH N 125 FT(S) TH Building Information http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property App Information: 02 29 15 00000 310 0 Property and Land Use Code descriptions • Buildin.g...I • Building 2. • Building.3 • Buildin- 4. • Buildilg._5 . B111-din2 _6 Building #1 Page 3 of 9 02 / 29 / 15 / 00000 / 310 / 0 700 :01 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:16 Commercial Card 01 of 6 Improvement Type: Supermarket Property Address: 1815 HIGHLAND AUE Prop Use: 324 Land Use: 16 S�ruc�ural E1�m�nts Foundation Spread /Mono Footing Floor System Slab on Grade Exterior Wall Concrete Block Height Factor 16 Party Wall None Structural Frame Masonry Pillar &Steel Roof Frame Bar Joist /Rigid Fram Roof Cover Built Up/Metal/Gyps Cabinet & Mill Average Floor Finish Uinyl or Cork Tile Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 6 Bath Tile Floor + Half Wall Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1. 00 Year Built 1,971 Effective Age 29 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Ariaas +CommoBrcial ExTra Foa -turfs Description Description Factor Area 68600 Description Factor Area 1) Base Area 1. 00 31,040 7) . 00 0 2) Open Porch .30 1,488 8) .00 0 3) 1,630 .00 0 9) .00 0 4) RECORD .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 +CommoBrcial ExTra Foa -turfs Description Dimensions Price 1) ASPHALT 68600 1.75 2) CONC PAVE 1010SF 4.00 3) FIRESPRINK 31040 2.00 4) LOFT 324SF 15.00 5) KIOSK 48SF 85.00 6) 1,971 .00 Units Value RCD Year 68,600 120,050 120,.050 999 1,010 4,040 4,040 999 31,040 62,080 27,320 1,971 324 4,860 2,140 1,971 48 4,080 1,630 1,971 0 0 0 0 TOTAL RECORD VALUE: 155,180 http:// 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property App er Information: 02 29 15 00000 310 070 Page 4 of 9 Building #2 02 / 29 / 15 / 00000 / 310 / 0700 :02 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:17 Commercial Card 02 of 6 Improvement Type: Shopping Center Property Address: 0 Prop Use: 324 Land Use: 16 Structural E1(--mE3nts Foundation Spread /Mono Footing Floor System Slab on Grade Exterior Wall Concrete Block Height Factor 0 Party Wall Hone Structural Frame Masonry Pillar &Steel Roof Frame Bar Joist /Rigid Fran Roof Cover Built Up /Metal /Gyps Cabinet & Mill Average Floor Finish Uinyl or Cork Tile Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 16 Bath Tile Hone Area Electric Average Description Factor Shape Factor Rectangle 1) Quality Average i. 00 Year Built 1,971 Effective Age 29 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub AroBas Commcrclal Extra FE3aturE3s Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area i. 00 9, 160 7) . 00 0 2) Open Porch .30 872 8) .00 0 3) 0 .00 0 9) .00 0 4) 0 .00 0 10) 00 0 5) 6) .00 0 11) . 00 0 6) .00 0 12) .00 0 Commcrclal Extra FE3aturE3s Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Building #3 http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =l &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property Appr 'ser Information: 02 29 15 00000 310 0700 Page 5 of 9 02 1 29 / 15 1 00000 1 310 1 0 700 :03 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:17 Commercial Card 03 of 6 Improvement Type: Shopping Center Property Address: 0 Prop Use: 324 Land Use: 16 Structural E1�m�n�s Foundation Spread /Mono Footing Floor System Slab on Grade Exterior Wall Concrete Block Height Factor 0 Party Wall None Structural Frame Masonry Pillar &Steel Roof Frame Bar Joist /Rigid Fran Roof Cover Built Up /Metal /Gyps Cabinet & Mill Average Floor Finish Uinyl or Cork Tile Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 6 Bath Tile Hone Area Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1.00 Year Built 1,971 Effective Age 29 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Aromas ComrrtE3rci.al ExTra Fs2t�urss Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area 1.00 J2,000 7) .00 0 2) Open Porch .30 1,200 8) .00 0 3) Utility .40 1,200 9) .00 0 4) 0 .00 0 10) .00 0 5) 6) .00 0 11) .00 0 6) .00 0 12) .00 0 ComrrtE3rci.al ExTra Fs2t�urss Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) 00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Building #4 http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property App *r Information: 02 29 15 00000 310 0700 Page 6 of 9 02 1 29 / 15 / 00000 / 310 I 0700 :04 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:17 Commercial Card 04 of 6 Improvement Type; Shopping Center Property Address; 0 Prop Use; 324 Land Use; 16 Structural E1sm�n-ts Foundation Spread /Mono Footing Floor System Slab on Grade Exterior Wall Concrete Block Height Factor 0 Party Wall Hone Structural Frame Masonry Pillar &Steel Roof Frame Bar Joist /Rigid Fran Roof Cover Built Up /Metal /Gyps Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 12 Bath Tile Hone Area Electric Average Description Factor Shape Factor Rectangle 1) Quality Average i. 00 Year Built 1,971 Effective Age 29 Other Depreciation 0 Function Depreciation' 0 Economic Depreciation 0 Sub Arras Commercial Extra Fsatur�s Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area i. 00 6, 600 7) . 00 0 2) Open Porch .10 1,320 8) .00 0 3) 0 .00 0 9) .00 0 4) 0 .00 0 10) .00 0 5) 6) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Fsatur�s Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE; 0 Building #5 http://136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property App *r Information: 02 29 15 00000 310 0700 Page 7 of 9 02 29 1 15 / 00000 310 0700 :05 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:18 Commercial Card 05 of 6 Improvement Type; Shopping Center Property Address; 0 Prop Use; 324 Land Use; 16 S�ruc�ural Elements Foundation Spread /Mono Footing Floor System Slab on Grade Exterior Wall Conc Block /Stucco Height Factor 0 Party Wall None Structural Frame Masonry Pillar &Steel Roof Frame Bar Joist /Rigid Fram Roof Cover Built Up /Metal /Gyps Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 18 Bath Tile None Area Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1.00 Year Built 11987 Effective Age 13 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Areas Commercial Extra Features Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area 1.00 11,440 7) .00 0 2) Open Porch .30 2,640 8) .00 0 3) 0 .00 0 9) .00 0 4) 0 .00 0 10) 00 0 5) 6) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) 00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE; 0 Building #6 http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 Pinellas County Property App er Information: 02 29 15 00000 310 0700 Page 8 of 9 02 / 24 1 15 1 40000 1 310 1 0700 :00 04- Apr -2007 Jim Smith, CFA Pinellas County Property Appraiser 08:33:18 Commercial Card 06 of 6 Improvement Type: Shopping Center Property Address: 0 Prop Use: 324 Land Use: 16 Structural E1�m�nts Foundation Spread /Mono Footing Floor System Slab on Grade Exterior Wall Concrete Block Height Factor 0 Party Wall Hone Structural Frame Masonry Pillar &Steel Roof Frame Bar Joist /Rigid Fram Roof Cover Built Up /Metal /Gyps Cabinet & Mill Average Floor Finish Asphalt Tile Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 6 Bath Tile Hone Area Electric Average Description Factor Shape Factor Square 1) Quality Average 1.00 Year Built 11971 Effective Age 29 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub ArE3as C cmm E3 r c 1 a 1 E x t r a F e at ur c s Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area 1.00 2,400 7) .00 0 2) Open Porch .30 480 8) .00 0 3) Utility .40 416 9) .00 0 4) 0 .00 0 10) . 00 0 5) 6) .00 0 11) . 00 0 6) .00 0 12) .00 0 C cmm E3 r c 1 a 1 E x t r a F e at ur c s Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) . 00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Pinellas County Property Appraiser Parcel Information http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =l &b =1 &r = &s =1 &u= 0 &p= 02 +29 +15 +00000 +... 4/4/2007 0 �. 1 +, OW Ak - -Tim �i �` „•`+y` -fir ��-'•4j -'_ f 7r- r 4 X94 a' _ ` f �' V ' ` ��i��� yam. � � �� � � ,. ��/ / ,, i // jlil f , tl '�i. ��� s:. ii % I tip I 1 1' � ti � � � �- � �. - ! ' �. - /, � � I .i . 1 f -.4y ;�5 � ;rr r � '��; _ - �� �:.;. �i �` „•`+y` -fir ��-'•4j -'_ f 7r- r 4 X94 a' mi RIP .w- 71 4—osO r . `rs -,fY . l�.!! � . :��/ P ,. ..� : � �w "' �a� r� .�±� �.m2`� C _� -- i• ,c IS t r IT OMM IF x a y� _ .,. P 8 0 G E a V 5 JS J 6 f - ( o i 6 i EEz i S r i 6 6 o° ] J 5 s i .g P I I I I I I I i I / r " * FI I I I I T I EXISTING ; SHOPPING I I I CENTER VVV jI SOUTH DRIVE o ALL PnOJECT JOEL- "L -ANE LIAR N 001 7' w v4 0 2 LANE, DIVIDED , J220' ) y BANK WALL BE PANTED N1TH ii SIMILAR COLOR AS PROPOSED I WAL -MART AND SHOPPING R38' CENTER. - �-'*� 25' MINIMI GV400 EXISTING FULL 'COMMERCIAL SMACK I 'All ACCESS DRIVEWAY I. - - PARKING DATA 1. NO HAZARDOUS OR TOXIC MATERIALS OR WASTES WILL -_ RESIDENTIAL "C 1 L _. . BE USED OR PRODUCED ON -STE Z WAL -MART BLDG. SIZE 79.729 SF. 2. NO RADIOACTIVE MATERIALS OR WASTES. EXPLOSIVES y10' % 15' LIB CRANE NE ARE7 A EXISTING �. o BI TOTAL BLDG AREA 67.643 S.F. ON -STE. 77,989 .R.f1 Camm.rald 3. 07HER THAN EMISSIONS FROM VEHICULAR TRAFFIC I I OPEN SPACE n l EXISTING ' I RESTAURANT TO REMAIN `[' �� o POLLUTION OF THE NR PRODUCED CI -SITE AND DEVELOPER �� RETAINED PROPERTY , PROPOSED SHARD WAL -MAR 1 5S' SIDEWALK N 1 MONUMENT SIGN 7 K2 I LP R10 EXISTING p NEW SGNAGE WILL BE INSTALLED i I 8 I I b tl i / IOVER E'�R,YPRl10NJEECT I R35' j j1 _' S�69iY16•.E.- l50.OI' \(F7 - -.-.. 20' 577E Nis JOEL- "L -ANE LIAR N 001 7' w v4 0 2 LANE, DIVIDED , J220' ) y BANK WALL BE PANTED N1TH ii SIMILAR COLOR AS PROPOSED ABPMLT ROAOWAV b WAL -MART AND SHOPPING R38' CENTER. - �-'*� 25' MINIMI GV400 EXISTING FULL 'COMMERCIAL SMACK I 'All ACCESS DRIVEWAY I. - - PARKING DATA 1. NO HAZARDOUS OR TOXIC MATERIALS OR WASTES WILL -_ RESIDENTIAL "C E TO RE BANK �. s ro REMAIN BE USED OR PRODUCED ON -STE Z WAL -MART BLDG. SIZE 79.729 SF. 2. NO RADIOACTIVE MATERIALS OR WASTES. EXPLOSIVES y10' % 15' LIB CRANE NE ARE7 A EXISTING RETAIL SIZE 19.718 SLF. �. o BI TOTAL BLDG AREA 67.643 S.F. ON -STE. 77,989 .R.f1 Camm.rald 3. 07HER THAN EMISSIONS FROM VEHICULAR TRAFFIC I I OPEN SPACE n l STANDARD SPACES 175 SPACES ACCESSIBLE SPACES (2.00X) '0 SPACES TO REMAIN R I I DEMISING LINE �w Z •i BETWEEN WAL -MART 8 8 POLLUTION OF THE NR PRODUCED CI -SITE AND DEVELOPER �� RETAINED PROPERTY , PROPOSED SHARD WAL -MAR yCAARRKTDC�OR�RgARlSQ7ryg75 Sp 1 MONUMENT SIGN 7 K2 I ALL SICNAOE (ME ENTIRE 7.80 ACRE SITE) MILL BE PART OP A ��. I MASTER SIGN PROGRAM AND ALL I EXISTING p NEW SGNAGE WILL BE INSTALLED I 5isIDEWALK4 \ 8 I PRIOR TO THE FlRST CERTIFIG7E OF OCCUPANCY. I I I 2 10.6' tl 590'OO'GO w 125. f6' (N) J 5. I6' S WOMART RATIO 4,61 / 1,000 SF. .•, • L 120'1 SITE PROPOSED e DIM INDUSTRIAL ACTIVITIES TALL TAKE PLACE 11RIµCtF 5' CONCRETE . SIDEWALK 2497 73' W F50. 00' (F) GV400 1 I I II ,.PR' PRP FDOG�RAAVITY /5 L' EXISTING FULL I 1 .jN.;ICATION TO I { I I DOSTING;ORIVEWAY ( 8 ACCESS DRVEWAY 1 I I I CONNECTION TO 1 1 1 II OAS STATION j I I EX19TINGIGAS 'I STATIONS -' 7. 8 ARCHITECTURAL WAL -MART MINIMUM PARKING SPATES (4.5 SP/I,000 SF} PLANS FOR EXACT LOCATIONS AND CNFN9 . F -- I I MODFICATION� EXISTING VESIBULES SLOPE PAVING SIDEWALKS. EXIT PORCHES = S ALKS. DOT. 1 CONNECTION TD _CONNECTION To b - �� -�••�p - cAS sTAnoN n 3. PARKING LAYOUT MEETS WAL -MART STANDARDS AND CITY OF CLEARWATER FLEXILE DEVELOPMENT STANDARDS WITH 1�1,Q l . OTTEN STREET -T 2LANE DNIOED, -' ASPHALT ROADWAY -- I I _ _TING a SIDEWALK I� I- -__ - -- .-W LULL L- -- -'- -- •-0I - -- -'-- cl 1 ti `/ \•H '� � OTHERWISE NOTED. FMSTING RIGHT -IN /� / r (I RIGHT OUT ACCESS . TYPICAL DIMEN40NS -90' PAPoONG r, �( EASING SIGNALIZED DRIVEWAY / INTERSECTION A iai4 IF REWIRED SETBACK OPER- LINE I - 56927_14 _E 465.90'(F), I 1 L_ I N .O I' .. � iws�• •ROPOSID CHAIN LINK FENCE DOSING SHOPS TO RETRAIN (11.943 SF 3) / �• �� ` II EXISTING ,! - POND A�� ERarnNO SHOPS TO - - vboo -sN ` 1 - REMAIN (7,775 EST t) R25' i 590'00 RS 9.5' n e (TYP.) ® rA;70'00� SI (IMP.) TYP 0 f•� B 12' WIDE GBL ' i3 I SING LATE \V - O T �4 J ( FOR MNNTFNAN. ACCESS TO R60' :: V 00 400 ;i- 59700DOYV 1p �� POND ) 23.79'.(,V l F F 10o•e TRUCK _J - ( _ TURN AROUND E _ 400 14208' I'00'PO7 ) Z9• (5) ®IIIIIIIIIIIII 25 N PROPOSED RETAIL ) ) SHOPS (e,197 9' t ,. 1 O TRASH COMPACTOR HV 0 :7-9- JU dL - t BY DELIVERY U L DOCK. R10' SEE ONILSHE � ( O TIP.) O < n � h ELEVATION SHE FOUNOATGN • • • • O ''' LANDSCAPING p W {Ir (TIP.) g 2 AY v oo M o0 8 cN 4 cvaoo !R' 1 _ - _ S 52.2p 42 cr 2 16.11' ID 1K MV-05 75' N 'OOF 95.75' (5) 'GREASE INTERCEPTOR LA TOPOSED 12- REFER TO ARCH/MEP PNS' 5 CONCRETE !l Hop Q Q Q si 25 V' F:l_' B FOUNDATCN LANDSCAPING G s WAL*MART a BS' � • NEIL BOMOOD MARKET TYP) Ylr( irrOE NIM67-00 ON ® FINISHED FLOOR E3FR.• DX/ FT NOVD GROSS BUILDING BaWiE FOOTAGE. 39,129 SP �I- -VIII l �I ,!/B,411 8 PIS' PROPOSED SITE UCNTINC e ' � .; (TYP.) RI S' 30' CONTRACTOR SHALL REFER m ARCHITECTURAL PLANS ������ FOR EXACT LOCATION AND DIMENSIONS OF VESTIBULE O l01 SLOPED PAVING EXIT POR3ES RAMPS AND TRUCK 70' STOP LJJ DOCKS. PRECISE BUILDING DIMENSIONS AND EXACT UTIU (TTP .... .... n v .wnn .. _.y. II J Ar.Rvn3 . e In III �C) III G1t40G_ _ _ fiY9 �E7JSTINC Y SIDEWALK ,' �' r "'• � vv t, -- =� A!•M rs S ECT SITE PLAN NOTES PARKING DATA 1. NO HAZARDOUS OR TOXIC MATERIALS OR WASTES WILL -_ RESIDENTIAL "C UJ Z BE USED OR PRODUCED ON -STE N. of EROrnNG dWdlkp unit. WAL -MART BLDG. SIZE 79.729 SF. 2. NO RADIOACTIVE MATERIALS OR WASTES. EXPLOSIVES y10' % 15' LIB CRANE NE ARE7 A EXISTING RETAIL SIZE 19.718 SLF. OR FLAMMABLE MAIER ALS TO BE USED OR PRODUCED f Z TOTAL BLDG AREA 67.643 S.F. ON -STE. 77,989 .R.f1 Camm.rald 3. 07HER THAN EMISSIONS FROM VEHICULAR TRAFFIC = STANDARD SPACES 175 SPACES ACCESSIBLE SPACES (2.00X) '0 SPACES - ON NO SMOKE. OUST. PARTICULATE MATTER, NOXIOUS OR ODOROUS CASES OR OTHER �' 1 8 SPACES POLLUTION OF THE NR PRODUCED CI -SITE - _.... .. t^ .t yCAARRKTDC�OR�RgARlSQ7ryg75 Sp II 0 40 801' TOTAL FPA18iFI �+'LWTi�S Ib'G@I$�fFT�XtES POST - DEVELOPMENT NOISE LEVELS AT THE PROJECT 4. PROPERTY LINES WILL NOT EXCEED PRE- OEVFI.OPMENT i= I REOD CITY OF CLEARWATER RATIO a00 / 1.000 S.F. LEVELi a 35 M1 TOTAL SITE RATIO Cm / 1.000 SF. tl SCALE AS SHOWN i WOMART RATIO 4,61 / 1,000 SF. A NO MANUFACTURING PRODUCTION. PROCESSING OR L EXISTING RATIO 4.96 / 1.000 S.F. DIM INDUSTRIAL ACTIVITIES TALL TAKE PLACE r ON -SITE pH ff1888{L -N4ffS. 6. ALL WORK AND MATERIALS SHALL COMPLY W17H ALL I 1. ALL CALCULATIONS BASED ON TOTAL GROSS SQUARE FOOTAGE OF BUODNG (COUNT INCLUDES ACCESSIBLE SPACES AND COUNTY REOULATIM AND CODES AND O.SN.A. g STANDARDS j I SPACES USED BY CART CORRALS). 2 WAL -PART PREFERRED PARKING SPACES (5.0 SP ).ODO SF.} 7. 8 ARCHITECTURAL WAL -MART MINIMUM PARKING SPATES (4.5 SP/I,000 SF} PLANS FOR EXACT LOCATIONS AND CNFN9 . F -- CODE REQUIRED PARKING 339 SPACES (5.0/1.000 SF.) VESIBULES SLOPE PAVING SIDEWALKS. EXIT PORCHES = S ALKS. DOT. E' 1 3. PARKING LAYOUT MEETS WAL -MART STANDARDS AND CITY OF CLEARWATER FLEXILE DEVELOPMENT STANDARDS WITH TRUCK PRECISE BUILDING AND EXACT BLARING UTILITY ENTRANCE LOCATIONS ' - PARKING STUDY JUSTIFICATION. 4. NUMBER OF ACCESSIBLE SPACES (10) EXCEEDS CITY 6. ALL CURBED ISLANDS SHALL BE LANDSCAPED. REOGRFIRENTS (6 SPACES FOR 200 SPACES REOUIIi� 9. ALL CURBED RADII ARE TO BE 10' AND X. UNLESS S PARKING SNOWY CONTAINS SIP R 45' PARKING SPA OTHERWISE NOTED. LOT 3 TYPICAL DIMEN40NS -90' PAPoONG WIDTH: 9S' TWO -WAY AISLES: 24' 10. AL DIMENSIONS AND RADII ARE TO THE FACE OF DEPTH: 1S0' ONE -WAY AISLES. N/A CURS. UNLESS OTHERWISE NOTED. _ } ; • j TYPICAL DIMENSIONS-45' 40NS 4s PARKING IL EXIS$NC STRUCTURES. W77HIN CONSTRUCTION UNITS. , jj WD1H: 9.5' TW -WAY AISLES`. N/A ARE m BE ABANDONED. REMOVED. as RELOCATED As NECESSARY. ALL COST 94AM BE INCLUDED IN BASE DEPTH: 19.5' ONE -WAY AISLES: IS „ SITE DATA 12. 517E BOUNDARY• TOPOGRAPHY. UTILITY. AND ROAD INFORMATION IS FROM THE SURVEY BY PHOENIX LAND j 1 WAF -MART PARCEL 4.57 AC SURVEYING AND ENGINEERING. LLD DATED OCTOBER 31, LOT 4 1 1 OEVELOPEIYS RETANED AREA 3.13 AC 2005' UNE 11 M-- SNAL BE CONSTRUCTED BY OTHERS WAL -MART ALL 90NAGE SHALL BE PART OF THE MASTER SIGN ER PROGRAM PROPERTY PARCEL R NUMBER: 022916000003700700 az2915000003faosoo 14. THE GROUND WATER TABLES AT THE POND REFER TO '• LAND USE CLASSIFICATION. N: CO CLASSIFICATION: CC THE GROUND WATER TABLE ELEVATION DURING THE WET SEASON. LOCAL LOCAL ZONE CLASSIFICATION: CITY OF CLEARWATER FLOOD ZONE dASSIFIGnON: ZONE x IS REFER IC ARLAN. TlIRAL PLANS FOR SITE LIGHTING ♦ FIRM MM N0. 12107CO07M ELECTRICAL PLAN. LOT 5 � MINIMUM SETBACK REWD- SIDE W -10' 16. REFER TO MANUAL ON UNIFORM TRAFFIC CONTROL j FRONT: 25' (IS FOR PARKING) DEVICES REAR: 10-20' TTu c�.) FOR DETAILS OF STANDARD TRAFFIC L . • -,( 17. DONCREIE JOINING AND FRIERS TO BE COMPLETED PER DETAIL (TYPICAL OF ALL EXTERIOR CONCRETE I- EXCLUSIVE OF ARCHITECTURAL CONCRETE). {Ir I6. APPLICANT HAS BEEN INFORMED REGARDING SECTION LOT a M�' 3- 1509.&11 OF THE CITY OF CLEARWATER COMMUNITY OEVFIAPYfl1T CODE S ECT ' PROPE.T LINE ,,-OVERALL EXISTING ` r -_ RESIDENTIAL "C UJ Z 7 N. of EROrnNG dWdlkp unit. 0 Q y10' % 15' LIB CRANE NE ARE7 A N. of PROPOSED d.. U1q -1u, 0 ' - 1 i _. 0 Goth uro . dedkut d 1. 77,989 .R.f1 Camm.rald 67.801 wt ft, Oamnae,al P.*Jng .Pots 386 379 ^� LOT d Totd Peed mea g 11.08' PROPOSED CART CORRAL DEVELOPERS PROPOSED RETAIL SHOP PROPOSED WAIL -PART BUADINC MINIMUM SETBACK II SEE SURVEY PENDING I' 21.1 fL (WAR DIM) 25-35 ft. SITE DATA TABLE E--G REQUIRED PROPOSED Lad area h p.fL and Gan 339.768 .RR. (7.80 aaa) 339.788 4 R (7.8) aar.4) N. of EROrnNG dWdlkp unit. 0 I,. 0 N. of PROPOSED d.. U1q -1u, 0 ' - 1 i _. 0 Goth uro . dedkut d 1. 77,989 .R.f1 Camm.rald 67.801 wt ft, Oamnae,al P.*Jng .Pots 386 379 318 Totd Peed mea 181.061 S0. FT. CART CORRAL DEVELOPERS PROPOSED RETAIL SHOP PROPOSED WAIL -PART BUADINC 19ELS57 SQ. FT. (5810 OHklai reaaft book aM pope s.errlm of a0 4Itt.19 ulA4 V SEE SURVEY PENDING BwhmN and .Uu h- hd9Nt. 21.1 fL (WAR DIM) 25-35 ft. 35 M1 h p r7ed le Nf. ratio (I.SR ) 0.847 QBO 0.79 n- are. ro00 (F.A.R.) - dl an- rnMNntId Mon. 0.23 0.55 (mac) 0.20 m' COMMERCIAL SITE LEGEND SETBACK LIMITLOT 9 2 I I,. OEXIT PORCH. SEE ARCHITECTURAL STARS A PARS FOR EXACT SIZE LDCAndI FOR STOOPS STARS SHD/OR RAMPS THAT MAY BE REWIRED. RAMP PAVEMENT FW91 WIM THE TOP OF STOOP. LEGEND OF PROPOSED IMPROVEMENTS ••�-• ' - 1 i _. ® 6"0 PIPE BORAUNLESS RD TYPICAL US NOTED OTHERWISE SEE DETAIL SHEET. PROPOSED BIDDING AT GRADE OVERHEAD DOUR LOCATION. SEE ARCHIEC1uRAL © PLANS FOR EXACT SIZE AND LOCATION FOR COORDINATION WITH CARL PLANS 15'- 8'c78' -8' CONCRETE COMPACTOR PAD. REFER TO HI DEMISING LINE PROPOSED 18' CURB AND CUTTER PROPOSED PARKING SPACES ja I) LOT JO ( ARCIOTECNRAL PLAN FOR EXACT LOCATION AND SLOPE CONCRETE TRANSFONYFR PAD. CONTRACTOR TO COORDINATE WITH LOCAL POWER COMPANY FOR DETAILS. O ACCESSBLE PARIOD SPACE TYPICAL SEE DETAIL SHEET FOR ACCESSIBLE PARKING SPACE SZE. SIGN AND SYMBOL C O CART CORRAL DEVELOPERS PROPOSED RETAIL SHOP PROPOSED WAIL -PART BUADINC I © CAR T CORRAL TIPICN. -SEE DETAIL SHEET FOR WAL -PART CART CORRAL DETAIL OEVEIAPERS S_ V -0' LOADING ZONE AT ALL CURBED PARKING SPACES 4' © COSTING BUILDINGS (TO REMAIN) j ,1 PNNEED YELLOW STRIPING AT Y -O' O.C. PERPENDICULAR TO PARXINO SPACE SEE oETNL SHEET. PROPOSED FOUNDATION LARDSCAPINC j O 16' CONCRETE CURB AND GUTTER TYPICAL SEE DETAIL SHEET. EHROU G AREA m R UNCSTURem pH RAMPED PAVOIERIT AT VESTIBULE TO BE FLUSH WITH TOP OF SIDEWALK AT A0X MAXIMUM. REFER m ARCHITECTURAL PIANi 24' TYPE I CONCRETE GUR13 AND GUTTER TYPICAL WITHIN R.O.W. PER CITY OF l2FARWAlF7i. SEE DETAIL SLEET. 24' TYPE I CURB W7H CONCRETE SWALE SEE DETAIL. SHEET. T CURB TRANSITION FROM TYPE I CURB TO 18' CURB AND GUTTER O ® O n6tOUG1OUT CONSTRUUCTON UC-T STANDARD DUTY CONCIRETE PROPOSED STORMWATER VAULT REWIRED PARKING LOT INTERIOR LANDSCAPING t Zo' SITE 1 '' :� .'� ANGLEI TRIANGLE E� f IIbF t' ® 6- STRAIGHT CURB. SEE DETAIL SHEET. O WHEEL STOPS SEE DETAIL 9ELT. TRIANGLES ! It :W .166:01 (F)I. ^ I i ••"•••••••�- R20' "gi-�t" F;:t. -�'� -q:!.• P PROPOSED DGIMPSYA PAID AND daoaDE - b GREENLEA DRIVE RS2 PRa2' SFD a - -_- - -- - ` OP� CHAIN R32' i SHUT. 48 HOURS BEFORE YOU DIG . - -- - - - -i LA uDmmEQ '----'- L -- ". CALL SUNSHINE SIDEWALK L - -� -- 1- 800 - 432 -4110 ROADWAY CONCRETE EXISTING 4' SIDEWALK TQ•M'AY ^ ' ®SIOEWAlXS AND RAMPS m BE CONSTRUCTED PER fD01 INDEX 304 EXISTING FULL t, �� i i OS 7B' CURB TO 6' CURB TRANSITION AREA IT'S THE LAW IN FLORIDA EXISTING FULL ACCESS DRIVEWAY PROJECT N0. ACCESS DRIVEWAY I „ I �• >. O TRUCK DOCK AUGLENT STRIPES 047253651 SHEET NUMBER G2 N O w CQ to ��bm pr u d m DO E 70 5Z m �<dLL� d N yI S2 a n Oa Q a ¢ In 3 N o � o p p N R 0 273 Z W 'H VJ Q' o 4� O L1.1 LL J O W _ (� W (7 f� Q Q W O 3 of I- Z It (Jj U) J J = cJ U o Z F) THE PRESENCE OF GROUNDWATER SHOULD BE ANTICIPATED ON THIS PROJECT. CONTRACTOR'S BID SHALL INCLUDE CONSIDERATION FOR ADDRESSING THIS ISSUE. 19 Split Face CMU Painted "Totally Tan" SW# 6115 Metal Canopy Painted "Shamrock" SW# 6454 Split Face CMU Painted "Tan Bark" SW# 6061 TOM h EIFS Painted "Totally Tan" S W# 6115 T� Smooth Face CMU Painted "Totally Tan" SW# 6115 LAJI tLt VAIIUIV 705 20 40 60 Smooth Face CMU Painted "Totally Tan" SW# 6115 �T O_M___ Y 24' -0" r--- - SOUTH ELEVATION 0 5 20 40 60 Smooth Face CMU Painted "Totally Tan" SW# 6115 /ik T.O.M. EIFS Painted "Biscuit" SW# 6112 . F .p "Tan Bark" SW# 6061V Split Face CMU Painted "Totally Tan" SW# 6115 T.O M. 24, -O„ 8" H. Smooth Face CMU Band L Split Face CMU Painted Painted "Totally Tan" SW# 6115 "Tan Bark" SW /t 6061 1 r Metal Parapet Coping Painted "Totally Tan" SW# 6115 C i TO M j-� _ -� -- "Tan Bark" SW# 6061 0 5 20 40 60 B I I REPRESENTATION ONLY NOT FOR CONSTRUCTION Building, landscape, and site furnishing images shown are a representation of the design intent and may not reflect any a r c h I t e c t u r e subtle variations in color, material or construction that may occur due to local material differences and final design detailing. Elevation wraps to 2'- 8" C.J. WAL *MART NEIGHBORHOOD MARKET Painted "Tan Bark" SW# 6061 at Dock Neighborhood Market LLJ Q > ` 04 W r� O n, LLJ O Y ti 4 O � Z O I- N dU 0. -.i V Q C N FRONT SIGNAGE HEIGHT Metal Parapet Coping Painted EIFS Painted "Biscuit" 4'- 0" 123.41 S.F. "Biscuit" SW# 6112 SW# 6112 T 3. "PHARMACY" 2' - 0" 24.00 S.F. 0" 2'- 0" 24.00 S.F. 5. "FRESH FOODS" 2'- 0" 24.00 S.F. WAL* MAIR2T 1.63 S.F. 10. "ENTER" 0' - 9" 2.28 S.F. 1 I yi { t it 8" H. Smooth Face CMU Smooth Face CMU Painted Band Painted "Totally Tan" "Totally Tan" SW# 6115 SW# 6115 FSmooth Face CMU Painted F I "Totally Tan" SW# 6115 Split Face CMU Painted "Totally Tan" SW# 6115 Metal Canopy Painted "Shamrock" SW# 6454 Split Face CMU Painted "Tan Bark" SW# 6061 TOM h EIFS Painted "Totally Tan" S W# 6115 T� Smooth Face CMU Painted "Totally Tan" SW# 6115 LAJI tLt VAIIUIV 705 20 40 60 Smooth Face CMU Painted "Totally Tan" SW# 6115 �T O_M___ Y 24' -0" r--- - SOUTH ELEVATION 0 5 20 40 60 Smooth Face CMU Painted "Totally Tan" SW# 6115 /ik T.O.M. EIFS Painted "Biscuit" SW# 6112 . F .p "Tan Bark" SW# 6061V Split Face CMU Painted "Totally Tan" SW# 6115 T.O M. 24, -O„ 8" H. Smooth Face CMU Band L Split Face CMU Painted Painted "Totally Tan" SW# 6115 "Tan Bark" SW /t 6061 1 r Metal Parapet Coping Painted "Totally Tan" SW# 6115 C i TO M j-� _ -� -- "Tan Bark" SW# 6061 0 5 20 40 60 B I I REPRESENTATION ONLY NOT FOR CONSTRUCTION Building, landscape, and site furnishing images shown are a representation of the design intent and may not reflect any a r c h I t e c t u r e subtle variations in color, material or construction that may occur due to local material differences and final design detailing. Elevation wraps to 2'- 8" C.J. WAL *MART NEIGHBORHOOD MARKET Painted "Tan Bark" SW# 6061 at Dock Neighborhood Market LLJ Q > ` 04 W r� O n, LLJ O Y ti 4 O � Z O I- N dU 0. -.i V Q C N FRONT SIGNAGE HEIGHT AREA 1 _ "WAL- MART" 4'- 0" 123.41 S.F. 2. "NEIGHBORHOOD MARKET" T -0" 90.00 S.F. 3. "PHARMACY" 2' - 0" 24.00 S.F. 4. "OPEN 24 HOURS" 2'- 0" 24.00 S.F. 5. "FRESH FOODS" 2'- 0" 24.00 S.F. TOTAL FRONT 285.41 S.F. TOTAL SIDE 104.55 S.F. TOTAL SIGNAGE 369.96 S.F. Clearwater (Highland), FL #4667 06/26/07 DRIVE -THRU SIGNAGE HEIGHT AREA 6. "PHARMACY DRIVE - THRU" 2' - 0" 44.00 S.F. 7. "WAL- MART" 2'- 6" 48 20 S.F. 8, DRIVE THRU w/ ARROW 2'-0" 8.44 S.F. 9. "EXIT" 0' - 9" 1.63 S.F. 10. "ENTER" 0' - 9" 2.28 S.F. TOTAL SIDE 104.55 S.F. TOTAL SIGNAGE 369.96 S.F. Clearwater (Highland), FL #4667 06/26/07 "Biscuit" SW #6112 1 / 9 o architecture -118115 N HIGHLAND AVE BCP2007 -07430 WAL -MART MARKET Zoning: C atlas# 261 A "Totally Tan" SW #6115 REPRESENTATION ONLY NOT FOR CONSTRUCTION BA-19 la^decape -0 sae (11, s^m6 -.91 shown a %e a representation f the aesgn rdent and may nQ iele-. ary .but va," —:n.10 —t.nal or cor=tr—non:^at may occur Cue to local rtatenal di!le�en;es —'-1 d2,;, de.a:�,, "Tanbark" SW #6061 WAL *MART_ \1 ((If fl 811001) XT Whi i "Shamrock" SW #6454 Clearwater (Highland), FL #4667 09/25/07 y rt11[717d H KIR a r c h i t e c t u r e REPRESENTATION ONLY NOT FOR CONSTRUCTION Building, landscape. and site furnishing images shown are a representation of the design intent and may not reflect any subtle vonahons in color, material or construction that may occur due to local material differences and final design detailing WAL *MART NEIGHBORHOOD MARKET Clearwater (Highland), FL 497873 5131107 • ADJACENT RETAIL FRONT LEVATION 0 5 20 40 60 EIFS Painted "Biscuit- SMf# 8112 TO M f REAR ELEVATION 0 5 20 40 60 Smooth Face CMU Painted I "Totally Tan" SW# 6115 Y, 24' 0" f MML* RIGHT ELEVATION 0 5 20 40 60 Smooth Face CMU Painted -Totally Tan" SW# 6175 24' -0" Metal Parapet Coping Painted f— EIFS, Painted "Biscuit" �� Biscuit" SW# 6112 II SW# 6112 Y 24 -0 1 WAL *MART L8" H. Smooth Face CMU L- Smooth Face CMU Painted Band Painted "Totally Tan" "Totally Tan" SW# 6115 SW# 6115 Smooth Face CMU Painted "Totally Tan" SW# 6115 .I .E .I It s . 1 _ 1 t "Tan Bark" SW# 6061 EIFS Painted -Biscuit' — Split Face CMU Painted SW# 6112 "Totally Tan" SW# 6115 T�. • � 24 0" L— &'H Smooth Face CMU Band L Split Face CMU Painted Painted "Totally Tan" SW# 6115 "Tan Bark" SW# 6061 Metal Parapet Coping Painted "Totally Tan" SVif# 6115 T� 24' 0" ADJACENT RETAIL LEFT ELEVATION Smooth Face CMU Painted Spat CMU trtxn Front "Tan Bark" SW# 6061 Elevation wraps to 2'- B' C.J. 0 5 20 40 60 B ( I T j[j` REPRESENTATION ONLY NOT FOR CONSTRUCTION WAL*MART Building, landscape, and site furnishing images shown are a r e h 1 1 t? C t U f Q a representation of the design intent and may not reflect any subtle variations in color, material or construction that may occur due to local material differences and final design detailing NEIGHBORHOOD MARKE' I' Split Face CMU Painted "Totally Tan" SWft 6115 Metal Canopy Painted "Shamrock" SWM 6454 It Split Face CMU Painted "Tan Bark" SW# 6061 T� 24. -0" r EIFS Painted "Totally Tan" SW# 6115 T� Smooth Face CMU Painted "Totally Tan" SW# 6115 10'H. Smooth Face CMU Screen Wall Painted 'Tan Bark- SW# 6061 at Dock 9 Clearwater (Highland), FL #97873 5/25/07 FRONT SIGNAGE HEIGHT AREA 1. "WAL- MART" 4' - 0" 123.41 S.F. 2. "NEIGHBORHOOD MARKET" 3' - 0" 90.00 S.F. 3. 'PHARMACY" 2'- 0" 24.00 S.F. 4. 'OPEN 24 HOURS" 2'- 0" 24.00 S.F. S. 'FRESH FOODS- 2'- 0" 24.00 S.F TOTAL FRONT 285.41 S.F. DRIVE -THRU SIGNAGE HEIGHT AREA 6. "PHARMACY DRIVE- THRU" 2 - tT' 44 00 S F 7 "WAL- MART" 2' 6" 4820 SF 8 DRIVE THRU w/ ARROW 2'- 0" 8.44 S.F 9. 'EXIT- 0' -9- 1.63 S F 10 - ENTER- 0' - 9" 2.28 S F TOTAL SIDE 104.86 S.F. TOTAL SIGNAGE 389.96 S.F. Clearwater (Highland), FL #97873 5/25/07 r B I R I R a r c h i t e c t u r e REPRESENTATION ONLY NOT FOR CONSTRUCTION Btnlding. landscape, and site furnishing images shown are a representation of the design intent and may not reflect any subtle variations in color, material or construction that may occur due to local material differences and final design detailing WAL *MART NEIGHBORHOOD MARKET Clearwater (Highland), FL #97873 5131107 i J FA 24 -0" ADJACENT RETAIL FRONT LEVATION 0 5 20 40 60 EIFS Painted "Biscuit" SW# 6112 REAR ELEVATION 0 5 20 40 60 Smooth Face CMU Painted I "Totally Tan" SW# 6115 AL Y � 24' -0" RIGHT ELEVATION C 5 20 40 60 Smooth Face CMU Painted "Totally Tan" SW# 6115 /ilk TO M I Metal Parapet Coping Painted EIFS Painted "Biscuit" Biscuit" SW# 6112 SW# 6112 WAL* MAT [ 8" H. Smooth Face CMU Smooth Face CMU Painted Band Painted "Totally Tan" "Totally Tan" SIN# 6115 SW* 6115 Smooth Face CMU Painted "Totally Tan" SW# 6115 EIFS Painted -Biscuit SW# 6112 . r .I "Tan Bark' SW# 6061 Spld Face CMU Painted "Totally Tan" SW# 6115 TY_ t I 8" H. Smooth Face CMU Band L Split Face CMU Painted Painted "Totally Tan" SW# 6115 "Tan Bark" SW# 6061 Metal Parapet Coping Painted "Totally Tan" SW# 6115 24' T..M.. O i ADJACENT RETAIL LEFT ELEVATION Smooth Face CMU Painted _ "Tan Bark" SW# 6061 0 5 70 40 60 B I R I REPRESENTATION ONLY NOT FOR CONSTRUCTION Budding, landscape, and site furnishing images shown are arch 1 t e C t U r e a representation of the design intent and may not reflect any subtle Variations in color, material or construction that may occur due to local material differences and final design detailing Split CMU from Front Elevation wraps to 2'- 8" C.J. WAL *MART NEIGHBORHOOD MARKET Split Face CMU Painted "Totally Tan" SW# 6115 Metal Canopy Painted "Shamrock" SW# 6454 ,pd C r EIFS Painted "Totally Tan" SW# 6115 6iNOwl E T� i Split Face CMU Painted Smooth Face CMU Painted "Tan Bark" SWIM 6061 "Totally Tan" SW# 6115 10' H. Smooth Face CMU Screen Wall Painted -Tan Bark- SW# 6061 at Dock FRONT SIGNAGE HEIGHT AREA 1. "WAL- MART" 4'. 0" 127.41 S.F, 2. "NEIGHBORHOOD MARKET" T- 0" 90 00 $ F. 3. "PHARMACY" 2'. 0' 24.00 S.F. 4. "OPEN 24 HOURS" 2' - 0" 24.00 S.F. 5. -FRESH FOODS' 2'- 0" 24.00 S F TOTAL FRONT 285AII S.F. TOTAL SIDE 104.65 S.F. TOTAL SIGNAGE 389.96 S.F. Clearwater (Highland), FL #97873 5125/07 DRIVE -THRU SIGNAGE HEIGHT AREA 6. "PHARMACY DRIVE - THRU" 2'. 0" 44.00 S.F 7 WAL MART-' 2' -6" 48.20 SF 8 DRIVE THRU w/ ARROW 2'- 0" 8.44 SF 9. 'EXIT- 0' - 9' 1.63 S.F. % 'ENTER' 0 _9" 2.28 S F TOTAL SIDE 104.65 S.F. TOTAL SIGNAGE 389.96 S.F. Clearwater (Highland), FL #97873 5125/07 b� B I R I R a r c h i t e c t u r e REPRESENTATION ONLY NOT FOR CONSTRUCTION Building, landscape, and site furnishing images shown are a representation of the design intent and may not reflect any subtle variations in color. material or construction that may occur due to local material differences and final design detailing WAL *MART NEIGHBORHOOD MARKET Pt`tatTna Clearwater (Highland), FL #97873 5/31107 Wti��nrha>d 14v'hPl WAL *MART NEIGHBORHOOD MARKET Pt`tatTna Clearwater (Highland), FL #97873 5/31107 ADJACENT RETAIL 0 5 20 40 60 rEIFS Painted - Biscuit' SW# 6112 ... TOM_ a I�Cl�R CLC Yf111V 17 Bark" SW# 6067 0 5 20 40 60 Smooth Face CMU Painted EIFS Painted Biscuit Split Face CMU Painted "Totally Tan" SW# 6115 SW# 6112 "Totally Tan" SW# 6115 1 � i T O. -M. ! T O M Y 24'•0" 24'.0" 8" H. Smooth Face CMU Band t— Split Face CMU Painted RIGHT ELEVATION Painted 'Totally Tan" SW# 6115 "Tan Bark" Sw# 6061 0 5 20 40 60 Smooth Face CMU Painted - Metal Parapet Coping Painted "Totally Tan' SW# 6115 "Totally Tan" SW# 6115 .� T.O.M. ..TM �O me. 24Ar Y I ADJACENT RETAIL LEFT ELEVATION Smooth Face CMU Painted Split CMU from Front "Tan Bark" SW# 6061 Elevation wraps to 2'- 8" C 0 5 20 40 60 B R ! R REPRESENTATION ONLY NOT FOR CONSTRUCTION INA *MART Building, landscape, and site furnishing images shown are a t' C h I t e C t U r e a representation of the design intent and may not reflect any subtle variations in color, material or construction that may occur due to local material differences and final design detailing NEIGHBOR 1 1001) M AI K I:1' Painted 'Tan Bark" SW# 6061 at Dock L ei9tj rh MdMarket Metal Parapet Coping Painted EIFS Painted "Biscuit" Split Face CMU Painted — EIFS Painted "Totally 1. 'Biscuit" SW# 6112 SW# 6112 Totally Tan" SW# 6115 Tan" SW# 6115 �TTO�MM "NEIGHBORHOOD MARKET" -- -- -- -- -- - T�j 3. . . . 26' 0' 4. WAL *MART + 24.00 S.F. 5. -FRESH FOODS' 2'- 0" 24.00 S.F. TOTAL FRONT 285A1 S.F. DRIVE -THRU SIGNAGE HEIGHT AREA 6 - 8 H. Smooth Face CMU L Smooth Face CMU Painted Metal Canopy Painted -- Split Face CMU Painted Smooth Face CMU Painted 7 Band Painted "Totally Tan" "Totally Tan" SW# 6115 "Shamrock" SW# 6454 "Tan Berk" SW# 6061 "Totally Tan" SW# 6115 8 SW# 6115 2'- 0" 8.44 S.F. 9 Smooth Face CMU Panted Totally Tan" SW# 6115 0'•9" 1.63S.F. 10 "ENTER TOM. ,&, 2.28 S.F I�Cl�R CLC Yf111V 17 Bark" SW# 6067 0 5 20 40 60 Smooth Face CMU Painted EIFS Painted Biscuit Split Face CMU Painted "Totally Tan" SW# 6115 SW# 6112 "Totally Tan" SW# 6115 1 � i T O. -M. ! T O M Y 24'•0" 24'.0" 8" H. Smooth Face CMU Band t— Split Face CMU Painted RIGHT ELEVATION Painted 'Totally Tan" SW# 6115 "Tan Bark" Sw# 6061 0 5 20 40 60 Smooth Face CMU Painted - Metal Parapet Coping Painted "Totally Tan' SW# 6115 "Totally Tan" SW# 6115 .� T.O.M. ..TM �O me. 24Ar Y I ADJACENT RETAIL LEFT ELEVATION Smooth Face CMU Painted Split CMU from Front "Tan Bark" SW# 6061 Elevation wraps to 2'- 8" C 0 5 20 40 60 B R ! R REPRESENTATION ONLY NOT FOR CONSTRUCTION INA *MART Building, landscape, and site furnishing images shown are a t' C h I t e C t U r e a representation of the design intent and may not reflect any subtle variations in color, material or construction that may occur due to local material differences and final design detailing NEIGHBOR 1 1001) M AI K I:1' Painted 'Tan Bark" SW# 6061 at Dock L ei9tj rh MdMarket TOTAL SIDE 104.65 S.F. TOTAL SIGNAGE 389.96 S.F. Clearwater (Highland), FL #97873 5125107 FRONT SIGNAGE HEIGHT AREA 1. -WAL -MART" 4'- Cr' 123 41 S.F. , "NEIGHBORHOOD MARKET" 3' - 0" 90 00 SF. 3. "PHARMACY" 2' - 0" 24 00 S.F. 4. 'OPEN 24 HOURS" 2'- Cr 24.00 S.F. 5. -FRESH FOODS' 2'- 0" 24.00 S.F. TOTAL FRONT 285A1 S.F. DRIVE -THRU SIGNAGE HEIGHT AREA 6 'PHARMACY DRIVE -THRU" 2'. 0" 44.00 S.F 7 "WAL MART' 2 6" 4820 S F 8 DRIVE THRU wi ARROW 2'- 0" 8.44 S.F. 9 EXIT- 0'•9" 1.63S.F. 10 "ENTER 0'-9' 2.28 S.F TOTAL SIDE 104.65 S.F. TOTAL SIGNAGE 389.96 S.F. Clearwater (Highland), FL #97873 5125107 l _I W � g�;rrxa�i 14t-hcl B RJR a r c h i t e c t u r e REPRESENTATION ONLY NOT FOR CONSTRUCTION Building, landscape, and site furnishing images shown are a representation of the design intent and may not reflect any subtle variations in color, material or construction that may occur due to local material differences and final design detailing WAL *MART NEIGHBORHOOD MARKET ORIGIN HMO JUN 2 9 2001 pLA%%jt40j)L*WMEW C1TY OF CLEARWATER Clearwater (Highland), FL #97873 5131107 2k=W 0 EXIST— DOIWSPOUTS TO BE. PANTED TO MATCH 'BISCUIT" SW 6112 EXISTING MANSARDS ROOF TO BE PAINTED "BISCUIT" SW 6112 PANT EXISTING — STEEL BEAMS "SHAMROCK' SW 6454 PAINT EXISTNG COLUMNS TO MATCH "TAN BARK" SW 6061 PAINT EXISTING- - STUCCO WALL TO MATCH "TOTALLY TAN" SW 615 Lyman Davidson Dooley, Inc. CMU TO BE PAINTED TO MATCH 'TOTALLY TAN" SW 615 �i ELEVATION NORTH BUILDING I ua• . r•a MANSARD BE PANTED SW 6112 CISTNG S TO MATCH RK' w 6061 <ISTNG WALL TO rOTALLY TAN' ❑ ❑ 0 O ❑ PAINT EXI5TING 6TUCCO WALL TO MATCH 'TOTALLY TAN" SW 615 ❑ O O O O 0 O O O EXIST— DOORS TO BE PAINTED TO MATCH "BISCUIT" SW 6112 51' -0' 6 9 NORTH BUILDING @4L!_�ATION 51'-0' GELEVATIONNORTP BUILDING ELEVATION NORTH BUILDING HIGHLAND SHOPPING CENTER PROPOSED BUILDING ELEVATIONS WVPAT o 1 WILL„ IT 0 CoM.LM IM- TBIANtM I 5201 West Kennedy Boulevard. - Suite 501 - Tampa, FL 33609 - tel 813.288.9299 - fax 813.288.8046 - Copyright as dated. EXISTING MANSARD ROOF TO BE PAINTED "BISCUIT" SW 6112 PAINT EXISTING STEEL BEAMS "SHAMROCK" SW 6454 PAINT EXISTW. COLUMNS TO MATCH 'TAN BARK' SW 6061 PAINT EXISTNG STUCCO WALL TO MATCH "TOTALLY TAN" SW 6115 EXI6TING MANSARD – ROOF TO BE PAINTED 'BISCUIT' SW 6112 PAINT EXISTING STEEL BEAMS "SHAMROCK•&U 6454 PAINT EXISTING — COLUMIN6 TO MATCH "TAN BARK' 6W 6061 PAINT EXISTING — STUCCO WALL TO MATCH "TOTALLY TAN" SW 6115 Lyman Davidson Dooley, Inc. W -0' EXISTING DOU46PMTB TO BE - PAINTED TO MATCH '1515CUIT" 5W 6112 0 bo-r �i ELEVATION E45T BUILDING I tro• . r -o' ELEVATION EAST BUILDING ELEVATION EAST BUILDING ELEVATION EAST BUILDING `+ Ire• , r -0' � va• . r -o' HIGHLAND SHOPPING CENTER PROPOSED BUILDING ELEVATIONS aiT1oa'iPAToTMT�IFRaES°c"r MLi40EI,o COMPLETE FM- 78NQcN4. 5201 West Kennedy Boulevard. - Suite 501 - Tampa, FL 33609 - tel 813.288.9299 - fax 813.288.8046 - Copyright as dated. 4RD 4MTED 14 4TCH 606? O .Y TAN' PAINT EXISTING STUCCO WALL TO MATCH 'TOTALLY TAN" 6W 6115 EXISTING DOORS TO BE PAINTED TO MATCH 'BISCUIT' &U 6112 EXISTING MANSARD ROOF TO BE PAINTED 'BISCUIT' SW 6112 PAINT EXISTING STEEL BEAM6 'SHAMROCK" SW 64b4 PAINT EXISTING COLUMNS TO MATCH 'TAN SAW SW 6061 PAINT EXISTING STUCCO WALL TO MATCH 'TOTALLY TAN" SW 6115 >431' -4' C3 0 EXISTW' DOILNSPOUTS TO BE- PANTED TO MATCH 'BISCUIT" 5U 6114 EXISTING MANSARD ROOF TO BE PANTED "BISCUIT" SW 6114 PAINT EXISTING STEEL BEAMS "SHAMROCK" 5U 6454 PAINT EXISTING - COLUMNS TO MATCH "TAN BARK" 5U 6061 PAINT EXISTING STUCCO UTALL TO MATCH "TOTALLY TAN" 5U 615 Lyman Davidson Dooley, Inc. O 0 0 O O C] 51' -0' O 0 0 0__�VATION NORTH BUILDING HIGHLAND SHOPPING CENTER PROPOSED BUILDING ELEVATIONS s CMU TO BE PANTED TO MATCH "TOTALLY TAN' SU 6115 %1 ELEVATION NORTH BUILDING MANSARD BE PANTED w 612 CISTNG S TO MATCH FPK' SW 6061 C15TRY.a WALL TO TOTALLY TAN' O O PANT EXISTNG STUCCO WALL TO MATCH 'TOTALLY TAI" SW 6115 EXISTING DOORS TO BE PAINTED TO MATCH "BISCUIT" 5U 6114 5201 West Kennedy Boulevard. - Suite 501 - Tampa, FL 33609 - tel 813.288.9299 - fax 813.288.8046 - Copyright as dated. ELEVATION NORTH BUILDING � va• . r -o' ELEVATION NORTH BUILDING ND EXISTNG WiiLY# IS SM AS IT 16 AW CPATED THAT PFIOACT WLL WDOW CVVLM W- TPNAWW. EXI8TM MANSARD ROOF TO BE PANTED "BISCUIT' SW 6114 PAINT EXISTING STEEL BEAMS "SHAMROCK" SW 6454 PAINT EXISTING COLUMNS TO MATCH "TAN BARK" SW 6061 PAINT EXISTNG STUCCO WALL i0 MATCH 'TOTALLY TAW 5U 6115 ORIGIML WND JUN 2 9 2007 PlANNfNv����N' CITY OF CLEARWAATER 9 EXISTING DOIWSPOUTS TO BE PANTED TO MATCH 'BISCUIT" SW 6117 EXISTING MANSARD — ROOF TO BE PAINTED "BISCUIT' SW 6117 PAINT EXISTING STEEL BEAMS SHAMROCK' SW 6454 PANT EXISTING — COLU"NS TO MATCH 'TAN BARK' SW 6061 PAINT EXISTING — 91UCG0 WALL TO H MATC "TOTALLY TAN' 5W 6115 60' -0. NEW OVEFSIILO FASCIA ELEM TO MATCH SIMILAR FEATIM ON WAL -MART 'y 1 0, hh # ■# I I # I ■7 hh wI " I I ■ a hI s® f ELEVATION EAST BUILDING, 1 v6' . 1• -d ELEVATION EAST BUILDING 0__�EL!VATION EAST BUILDING HIGHLAND SHOPPING CENTER PROPOSED BUILDING ELEVATIONS 501 - Tampa, FL 33609 - tel 813.288.9299 - fax 813.288.8046 - Copyright as dated. ELEVATION EAST BUILDING NO E>48TlG SICf14fiE 15 BHOIW A9 R IS ANTIGPAW THAT PAa1ECT WLL UVEFGO COMPLETE M -TBww. EXISTING MANSARD ROOF TO BE PAINTED 'BISCUIT' 51.) 6117 COLUMNS TO MATCH "TAN BAPoC" 5W 6061 PAINT EXISTNG STUCCO WALL TO MATCH 'TOTALLY TAN' 5W 6115 PAINT EXISTING STUCCO WALL TO MATCH 'TOTALLY TAN' &U 6115 EXISTING DOORS TO BE PAINTED TO MATCH 'BISCUIT' SW 6117 EXISTING MANSARD ROOF TO BE PAINTED 'BISCUIT' SU) 6117 PAINT EXISTING STEEL BEAMS 'SHAMROCK " SW 6454 PANT EXISTING COLU'NS TO MATCH "TAN BAW SW 6061 PAINT EXISTING STUCCO WALL TO MATCH 'TOTALLY TAN' SW 6115 ORIGINAL WIMID JUN 2 9 2007 pLANNJNC. DEfAWMENI CITY OF CLEARWATER L-- EIFS Paintetl'Biscud" "Biscuit" SW# 6112 SVY# 6112 f WAL* MART 123'4 1 S F. T 'NF IGH"HOOD MARKET' 3' - Q' 90.00 S F 3 'PHARMACY" 2' -01 24.00 S F. 4 'OPEN 24 HOURS" 2' - 0" • 6- 'FRESH FOODS' WEST ELEVATION 7S 20 40 60 EIFS Painted' Biscuit" SW# 6112 � 0' 24 -o° ' z4 - I I EAST ELEVATION 0 5 20 40 60 - Smooth Face CMU Pointed 'Totally Tan" SW# 6115 WALA A f rang z� a• -o� "lk U 11" SOUTH ELEVATION 5 20 40 60 FSmooth Face CMU Painted Totally Tan" SW# 6115 A ' —Metal Parapet Coping Painted EIFS Paintetl'Biscud" "Biscuit" SW# 6112 SVY# 6112 f WAL* MART 123'4 1 S F. L- 8' H Smooth Face CMU r- Smooth Face CMU Painted Bard Painted "Totally Tan" "Totally Tan` SW8 6115 SVJ# 6115 Smooth Face CMU Painted "totally tan• SW#6115 t — Shoot, Face CMU Painted 'Tan Bark" SW# 606' - -- LIF S Palled Biscuit - Split Face CMU Painted SWD 6112 'Tidally Tan" SW# 6115 TOM 24'.x• —8' H Smooth Fake CMU Band Split Face CMU Pa nled Painted " Totally Tan" SW# 6115 "Tan Bark' SW# 6031 r Metal Pa W# rapel Coping Paroled _ ' Totally Tan" S 6115 d r 11 Un1 rl CLCVM 11V1\ _ "Tan Bark" SL4116061 20 40 60 REPRESENTATION ONLY NOT FOR CONSTRUCTION B R R Budding, landscape, and site furnishing images shown are a r c h I t@ C i U i B a representation of the design intent and may not reflect any subtle variations in color, materW or construction that may occur due to local materia '. differences and final design detailing Flevation wraps to 2'- 8" C.J. WAL *MART NL.161 IBORHOOD MARKCT DOW Split Face CMU Painted "Totally Ten' SW111 6115 Metal Canopy Painted - Split Face CMU Painted "Shamrock" SW# 6454 'Tan Berk' SW# 6061 00 FIFS Painted "Totally Tan" SWB 6115 _ TO.MJ, o Smooth Face CMU Painted "Totally Tan" SWN 6115 ! T� . E z4 -c" f 10 H Smooth Face CfAU Screen Wall Pained Tan Bark" SW# 13061 at Dock 1 Neighborhood Market FRONT SI(iNAGE HEIGHT AREA 1 'VyAI -MART" 4' - 0" 123'4 1 S F. T 'NF IGH"HOOD MARKET' 3' - Q' 90.00 S F 3 'PHARMACY" 2' -01 24.00 S F. 4 'OPEN 24 HOURS" 2' - 0" 24.00 S F 6- 'FRESH FOODS' 2' • 0" 24.00 S.F. TOTAL FRONT 286.41 S.F. DRIVE -THRU SIGNAGE HEIGHT AREA 6 'PHARMACY DRIVE -THRU' 2' .0- 44.00 S F. T :PHARMACY 2-6, 46.205 F, 8. DRIVE THRU wl ARROW 2 Cr 8.44 S V 9 'EXIT' O-9" 1.63 SF 10. 'ENTER' 0' - 9° 2.28 S F. TOTAL SIDE 1104.1561111F. TOTAL SIGNAGE 399.98 S,F. ORIGINAL JU N 2 9 2007 PLANNINvAEFAWMENI Clearwater (Highland), OF WATER #4667 06126107 Drawing name: H: \047253 — Wol— Mart \651 — Clearwater % d-.1, to ft Ol the --ts and d.*v pes 1W heron, as an 'nslrunml of service, iv Men, 1 4 'ADD \Exhibit \Aerial with site plan.dwg 8x11 Mar 27, =6:24pm by. louis.puglioni Rrpose and d.t Im —1 '1 cos pe Wa Reuse of aM mi,r rdi— on Ih'u document 7—, rr�llen --105M and W.10. by Nimlel —Hpn and Ass bt,, Inc shtl h X0.1 Ib d, to KYnle, —Nan and A—id Inc, HuaoN s AWa AL FEE E I rhy y .11ri _ t ° it v— ;,, a* WIN z # ._ . `. Aboft.. AIML - 'rlt _ m � L, rrllr�r i�r�r t 1 =41111111�i 1• 57 Wl SITE PLAN SCALE DESIGN ENGINEER: C,.0 OW AS NOTED Kimley -Horn 00 CLEARWATER HIGHLAND DESIGNED BY ❑�❑ and Associates, Inc. cm: LrO J� STORE No. 4667 -00 FLORIDA P.E. LICENSE NUMBER: O DRAWN BY C 2007 KIMLEY -HORN AND ASSOCIATES, INC. 2 0 o N HIGHLAND AVE AND G R EAN LEA D R. CHECKED BY 10117 PRINCESS PALM AVENUE, SUITE 300, TAMPA, FL 33610 m (n PHONE: 813- 620 -1460 FAX: 815 -620 -1542 x J J DATE: WWW.I(IMLEY— HORN.COM CA 00000696 Page 1 of 1 Kurleman, Scott From: Sucur @aol.com Sent: Tuesday, April 24, 2007 5:59 PM To: Kurleman, Scott Subject: approval 1815 Highland Ave Dear Mr Korean My wife and I are very happy that something will be developed in our area what will bring many jobs,security and prosperity of this sleepy area. We are 100% for Approval and hope that our wish will come true truly Invoking Popovic 1799 N Highland Ave Apt 59 Clearwater F13.3755 E -mail sucur aol.com See what's free at AOL.com. 4/25/2007 10H s, Oah Facecmus,K ,mff Pa ad-Tan Bark SWa 606111 Dock r FRONT ELEVATION - 5"t Faye c", steel, wao M _ _ — Tan Bak s" 6D6' at c`rnpacio` 0 S 20 40 60 smxm Face cFnu PantM -rdalH ram swv 6n5 A T.OL. rMed Paraxl WDmO P­_ EIFS Ps,W "B'Isw r I X'SM6112 SM5112 Split Face CMU Pwde6 TWIN Tan" SNY 6115 "TO1aty Tan SWF 6115 5tumract" SWI6454 "Tan Bark" SNM 6061 TOMS rEWS PtahW'TPtaft Tyl 54W 6115 { 26'0 1 Bnloalh Face CMU Pa tathl TOWy Ten' SNY 8115 0 5 S iD -. 2D GO Smo Face CMU Pm Face CMU P", I 'Tdah, Tan' SWa 6115 i "TN Tdalry Teri' $yya 6115 5 RIGHT ELEVATION D 5 20 40 80 aREa Smaam Fax CMU 'TWOy Tan' SNY 6115 115 ATOM. L, 'Tan Bark s— 6061 P—n Tan Bark S M 6W 1 It Dxk Face CMU P", "TN Tdalry Teri' $yya 6115 5 FRONT SIO' 11FlOHT aREa _ - t. 1WWSF ..EtoMART' 2. -NEIGIIB7RN000 MARKET 3' 24WSF OPEN24NO T 2 -P 24MSF T 5 m MINUTE FMOTO' 2' 0' 24.00 8 F Smxm Face CMU Pamte0 SW Face CMU Pair6eA "TOtalH Ten $Vya 8115 'T Bre'9yw 8061 TOTALFRONT a SI.e161. .— MeW Parapet Coarq Painle0 6 - PNARMACy DRNE.THRIl 2'.0' M.00 SF 'Tdally Tan SWa 6115 : 'YLLLYNrt' �i ! DRrvE iNRUWARROW Z.B' Y -0' 46.20SF 6M 6F p :E"Z" 1836E { '� T.O.M. 2x'47" ■ t0 'EMER' 0'9" 2266E 0 5 At t0 80 B�.` REPRESENTATION ONLY 1 !1 NOT FOR CONSTRUCTION WA *MART BvW+g,WMFaaOe. ane sae femrotnrg that, shown are a r c h i t e c t u r e aeseW5ar1 I w a' tal I ana may as thated any _ hat, 1.1 m xl «, matewal «a.... a that may oavr ax Io 1oGl malmii amerenceF ara Bnm aesOn Eelvlag \ I :I (: H 130F2!lUOf) b1y1H K I I' PRINCIPAL: RGNMNGR: V ENTITLEMENT: p 61GNAGE: ID a: TOTAL 6IOE 1M8f 6F rmAL aFCxAaE B77a.M 6i. Clearwater (Highland), FL #97873 3101'07 �1 ELEVATION EAST BUILDINGS n ELEVATION EAST BUILDING exroTw r � •eiewir °• m iiv oasTro ruwuo �iecui +• nu •uT *m �euanroOea�Fw a+F. rwr ewei.n �e �, neecx�"°• au ��ta na or� iAV DNK• !ul K+ wT FDCRC %EUl `KI ekFron rua r<wr exrora rFU'� %ror�eutOr m •iro 1°" sum mrr u�: re,r ELEVATION EAST BUILDING ELEVATION EAST BUILDING HIGHLAND SHOPPING CENTER EXISTING BUILDING ELEVATIONS Lyman Davidson Dooley, Inc. 5201 West Kennedy Boulevard. - Suite 501 - Tampa, FL 33609 - tel 813.288.9299 - fax 813.288.8046 - Copyright as dated. Lyman Davidson Dooley, Inc. RU i0 GF PAW1Ep 1LlGM 'totALL� TYl• W •Ilp n ELEVATION NORTH BUILDING 2 ELE ATION NORTH BUILDING r,LLEVATION NORTH BUILDING 3 ELEVATION NORTH BUILDING HIGHLAND SHOPPING CENTER EXISTING BUILDING ELEVATIONS "` ",,,�,� 5201 West Kennedy Boulevard. - Suite 501 - Tampa, FL 33609 - tel 813.288.9299 - fax 813.288.8046 - Copyright as dated. 1. w oasrm eiucco ,,•, ro fm C-) m m QMMMES MI AI IVY IYb ■ adlaulal A, 51e.2sN DETAIL ----------- ELEVATION EA5T BUILDING ENLARGED ELEVATION 4 1-- NA- T T" F 'T T FW O z is HIGHLAND SHOPPING CENTER —D -100 o s 16 32 SCALE: 1/32" " V -0" Lyman Davidson Dooley, Inc. CMl TO BE PAINTED TO MATCH "TOTALLY TAN' 6111 615 NORTH BUILDING ELEVATION NO EXISIM 6Kl16Ct 6 8422 AS IT 16 41TWATm THAT FRDW GILL MEMO COVLETE PIE- Tswffwa EAST BUILDING ELEVATION HIGHLAND SHOPPING CENTER EXISTING BUILDING ELEVATIONS 5201 West Kennedy Boulevard. - Suite 501 - Tampa, FL 33609 tel 813.288.9299 - fax 813.288.8046 - Copyright as dated. W. MANSARD TO CE PAINTED 5T GMEN EXISTING NS TO MATCH SARK' SW 6061 EXISTNG STUCCO WALL TO MATCH •TOTALLY TAN' aW 6115 EXISTING MANSARD ROOF TO BE PAINTED FOREST GREEN PANT EXISTING COLUMNS TO MATCW 'TAN DARK' SW 6061 PANT EXISTING STUCCO WALL TO MATCH 'TOTALLY TAN" aW 615 ORIGINAL RECEEW APR U 2 2007 P'LMNli+iG 7EPAkfinel, CITY OF C- LEARWATF • 0 �41 CHRISTIAN CENTER r fir va _ i BQNY BEAM SUPPV TA X IE S L.A. NAILS IKS FASHION$�`� a i �HAM VFLOCITY R AMVETS 06M 7� r� f v x z '. ' �.�`'� . "• 4 , ir� *� (BRIDGE OF LOVE MIN15THIL5 0 ol AN AeSIS OF BLESSINGS PIA �Yr '�w'/y J�N I so Women's cwllflTpv%ls • Vole F 4 rz �a tno,rnos maltinf 0 6 FIRE -ANE POW-- CELL plus v �w s -,•w _ r %VAL *MART WATER SUPPLY SITE SURVEY VIAL *MART STORE #4667 GREENLEA DRIVE AND NORTH HIGHLAND CLEARWATER,,FL TEST DATE: 2/1/07 SUMMARY STATEMENT This report provides the current available water supply for the proposed Wal -Mart Neighborhood Market #4667 located at Greenlea Drive and North Highland in Clearwater, FL, with a FFE of 40ft NGVD. Required fire sprinkler supply for this WNM 39 prototype is 950 gpm @ 33 psi. Required domestic water supply is 85 gpm @ 32 psi. SUMMARY OF RESULTS (CONCLUSION C1 -AS DESIGNED) Fireline Base of Riser (BOR) static pressure at Finish Floor Elevation (FFE): 51 psi Fireline BOR residual pressure at FFE: 40 psi @ 950 gpm Assumed Fireline BOR FFE: 40ft. NGVD Safety Factor Used in Minimum Target Demands: 5.0 psi Backflow Preventer Required: Double detector check above ground at the property line Domestic BOR static pressure at FFE: 44 psi Domestic BOR residual pressure at FFE: 40 psi @ 85 gpm Backflow Preventer Required: Reduced- pressure above ground at the property line with 2 -inch water meter. Backflow Prevention Contact Jerry Wells Cross - Control Clearwater Public Utilities Dept 1650 N. Arcturas Ave Clearwater, FL 33765 -1945 727 - 562 -4960 x7226 Fire Department Contact Chief Richards Assistant Fire Marshal Clearwater Fire Department 610 Franklin Street Clearwater, FL 33756 727 - 5652 -4327 City Representative present during test: Name: Ike George Title: Public Utilities Supervisor I Water Department Contact Terry Label Public Utilities Supervisor Clearwater Public Utilities Dept 1650 N. Arcturas Ave Clearwater, FL 33765 -1945 727 - 562 -4960x 7227 ORIGINAL READ APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Original Report Date: 02/09/07 Page 1 of 5 Engineered Solutions International • 315 West Ponce de Leon Ave • Suite 770. • Decatur, GA 30030 Tel: 404 - 378 -5801 • Fax: 404 - 920 -3269 SITE suIivvy HIGHLAND REGISTMT10ko"PENT ORIGINAL RECEIVED RR 0 2 2007 PLANNING DEPAIMEN1 CITY OF CLEARWATER w, it6.M Dec -Wt*., CA 30%30 sho#600-h os.�M�,nalw, 5 1 Ott p de 'L.' ow. Ave • Au WAL *MART WATER SUPPLY SITE SURVEY WAL *MART STORE #4667 ��(�� GREENLEA DRIVE AND NORTH HIGHLAND RgNED CLEARWATER, FL TEST DATE: 2/1/07 AM rult 28F EXISTING CONDITIONS PLANNING DEPARTMENT CITY OF CLEARWATER Site The site is located in Clearwater along the north side of Greenlea Drive east of N. Highland Ave. A 12 inch water line is located along the west side of N. Highland Ave which is connected to an 8 inch DI line on the south side of Greenlea Drive. It is proposed that the site will be supplied by an 8 inch PVC line tapped to the 8 inch DI line in Greenlea Drive. The arrangement of these lines in the immediate vicinity of the property is contained on Attachment #1 - Location Sketch. Additional details on water mains serving the area are contained on Attachment #2 - Area Water Map. It is proposed that sprinkler protection for this facility be provided by a 6 inch lead -in from the 8 inch fire main east of the property, as detailed on Attachment #1. Water System The City of Clearwater is currently transitioning from a gravity fed system to a combination gravity and direct pumping arrangement. Due to water quality issues elevated storage tanks are being retro -fitted with pumps to keep water circulating through the tanks. The tanks have a total capacity of 3 million gallons. Additionally three area water treatment plants also supply pressure to the area. Water is primarily supplied to the water plants by 15 wells and supplemented through an interconnection to the Pinellas County Water System. Pumps at each water plant are electric high service pumps with back -up generators. Pumps being installed at the tanks are currently not equipped with back -up power sources. Pump operation is automatic at each of the water plants is based on a low pressure in the system. Lynn Stephens with the Clearwater Public Utilities Division (727- 224 -7993) indicated that the low pressure at the proposed site which would trigger pump operation will be 55psi. WATER FLOW TEST RESULTS Flow was made utilizing the second hydrant on the south side of Greenlea east of N. Highland. Static and residual pressures were taken at the first hydrant on the south side of Greenlea east of N. Highland. Two 2 -1/2 inch hydrant butts were utilized, each equipped with a 2 -1/2 inch Pollard diffuser. Pitot readings of 33/36 psi were received on the openings calculated with discharge coefficients of 0.90. This resulted in a total flow of 1971 gpm at a residual pressure of 58 psi. Static pressure before and after testing was 67 psi. The static and residual pressure were taken at an elevation of 36ft., AMSL, which is 4 ft. below the planned finish floor elevation of the store (40ft. NGVD). Please see enclosed Attachment #3 for a graphical representation of this test and for necessary calculations. This test is effective at the base of the pressure hydrant for friction loss purposes. The test was made at 2:45pm EST. HYDRAULIC CALCULATIONS Adjusting to the low city pressures provided for this site results in a 12 psi deduct and is included with the calculations. The local jurisdiction accepts a 5 psi safety factor from the water supply to be used in the sprinkler system hydraulic calculations. This 5 psi is accounted for in the Wal -Mart demand numbers. The city system can be considered a reliable supply, with respect to Wal -Mart duration requirements. This acceptability is based on the system capability to meet the calculated base of riser supply of 950 gpm for the design 90 minute fire flow duration. For domestic calculation purposes, demand requirements for a 39 prototype were used. In addition, loss through a 2 inch Sensus, SRH, compound water meter was used. Pipe lengths used in the calculations include equivalent lengths of fittings, and all new pipes are assumed to be PVC. Calculations are based on the preliminary utility layout as shown on Kimley -Horn drawing dated 11/30/06, shown on Attachment #1. Original Report Date: 02/09/07 Page 3 of 5 Engineered Solutions International • 315 West Ponce de Leon Ave • Suite 770. • Decatur, GA 30030 Tel: 404 - 378 -5801 • Fax: 404 - 920 -3269 WAL *MART WATER SUPPLY SITE SURVEY WAL *MART STORE #4667 GREENLEA DRIVE AND NORTH HIGHLAND CLEARWATER, FL TEST DATE: 2/1/07 BACKFLOW PREVENTION REQUIREMENTS Backflow prevention information provided by Jerry Wells, Backflow Prevention Contact. Fireline: a double detector check type backflow preventer will be required on the water line to the sprinkler system. This backflow preventer would have to be provided above ground at the property line. An 8 inch Ames 3000ss device was used in the calculations, per the provided drawings. Domestic: a reduced pressure backflow preventer in addition to the water meter is required on the domestic service. Both these devices would have to be provided above ground at the property line. A 2 inch Watts 909MI device was used in the calculations. CONCLUSIONS CONCLUSION C1 - AS DESIGNED ON PRELIMINARY CIVILS FIRE WATER SUPPLY: The available public water supplies combined with a 6 inch planned fire protection lead -in sizing and arrangement as shown on Attachment #1, should yield a base of riser supply, downstream of an Ames 3000ss 8 inch double detector check backflow preventer of 51 psi static and 950 gpm flowing at 40 psi residual pressure. This exceeds the minimum target demand of 950 gpm at 33 psi. Minimum required demands include a 5 psi safety factor. See Attachment #3 for a graphical representation and for necessary calculations. DOMESTIC SUPPLY: The available public water supplies combined with the planned domestic water line sizing and arrangement as shown on Attachment #1, should yield a domestic supply at the stub -up above the finish floor, downstream of an assumed Watts 909MI 2 inch reduced pressure backflow preventer and a 2 inch Sensus, SRH, compound meter of 44 psi static and 85 gpm flowing at 40 psi residual pressure. This exceeds the target demand of 85 gpm at 32 psi for a 39 prototype rear entry. See Attachment #4 for a graphical representation and for necessary calculations. ORIGINAL RECEND APR 0 2 2001 PLANNING DEPARTMENT CITY OF CLEARWATER Original Report Date: 02/09/07 Engineered Solutions International • 315 West Ponce de Leon Ave • Suite 770. • Decatur, GA 30030 Tel: 404 - 378 -5801 • Fax: 404 - 920 -3269 Page 4 of 5 • • WAL *MART WATER SUPPLY SITE SURVEY WAL *MART STORE #4667 GREENLEA DRIVE AND NORTH HIGHLAND CLEARWATER, FL INFORMATION REQUIRED IN SITE WATER FLOW TEST AND REPORT TEST DATE: 2/1/07 This checklist is provided to assure that the site water flow test report includes all Wal -Mart required information and must be included in the Water Report. (X) Wal -Mart store and project number (X) Seal and signature of the Professional Engineer supervising the test (X) The test must be conducted in conformance with NFPA 291. (X) Sprinkler contractor cannot conduct test. (X) The. City Fire Marshal or another city representative was present during test. (X) Pressure test hydrant separate from flowing hydrant. (X) Date and time of test provided. (X) Water main size shown. (X) Water main pipe type shown. (X) Hydrant butt diameter shown. (X) Pilot pressure shown. (X) Hydrant coefficient shown. (X) Hydrant elevation shown. (X) Building pad elevation shown (X) Static pressure shown. (X) Residual pressure shown. (X) Statement provided as to any proposed improvements to City's water system and date. (X) Complete calculations, including water system model calculations (if applicable). (X) Complete N - 1.85 Graph. (X) Provide sketch of area showing all water lines, project building, test location with test and flowing hydrants identified. (X) Cover page certification. (X) Cover page summary statement. (X) Fire Department Contact, Water Department Contact, and Cross Connection Control (Backflow Prevention) Authority contact name and phone number (if applicable). (X) Local jurisdiction sprinkler design safety factor indicated (if applicable). (X) This Checklist completed and included in report. Checked By: 02 -09 -07 Signature Date Wade Anderson, PE ORIGINAL RELIVED APR 0 2 2007 PLANNING DEPARTIMENI CITY OF CLEARWATEI7 Original Report Date: 02/09/07 Page 5 of 5 Engineered Solutions International - 315 West Ponce de Leon Ave - Suite 770. - Decatur, GA 30030 Tel: 404 - 378 -5801 - Fax: 404 - 920 -3269 IlalAart �Moig'hborhood:Ma,rlo Greenlea: DO I Vliaoti4 N. Highland I F C roa-te.f.-N FL AttsctWn• T 11 ww .....3. - tra -'PLA4 AR I IV, &�JtY NTV M. rf4bPA?MAlATtr% 4R FL Nil .....3. - tra -'PLA4 AR I IV, &�JtY NTV M. rf4bPA?MAlATtr% 4R RED • 0 Project Name: WalMart Neighborhood Market Attachment # 3 Site Location: NE corner of Greenlea Dr and N. Higland Ave Store # 4667 City, State: Clearwater, FL Fire Service Water Flow Calculation I IvAL Test Time: 2:45pm Test Date: 2/1/2007 RECEIVED Static Pressure: 67 psi Test conducted by: Wade Anderson Engineered Solutions -1.7 psi Residual Pressure: 58 psi BOR elevation: 40. ft Kimley- Horn dwgs APR 02 2007 Pitot Pressure: 33 psi 36 psi Gauge hyd location: 1 st hyd on Greenlea east of N. Highland PLANNING Outlet size(s): 2.5 in 2.5 in 4. in Test elevation: 36. ft Kimley- Horn dwgs ►")EPARTMENT Discharge Coef: 0.9 0.9 Flow hyd location: 2nd hyd on Greenlea east of N. Highland CITY OF CLEARWATER Total Flow: 1971 gpm Flow @ 20 psi: 4816 gpm 0.0 psi .0 . t,.. ... ...... ...... .............------------ - - - - -- - -� - -- 140 130 120 1:10 100: yam0 0.1 80 70 a60 50 ;ill ■�■ ii�l•�■ ' ,�ill�sl�■ ii lll� 111 ■ - ■ Demand: WalMart N -Mkt 950 @ 33 800 1000 1200 1400 1600 1800 2000 Flow - gpm n =1.85 Calculations 0 gpm 950 gpm Pressure available at test: 67.0 psi 64.7 psi Elevation adjustment: - 4.0 ft x 0.433 psi / ft -1.7 psi - 1.7 psi Pressure loss due to friction: Total Equivalent ft: PVC 7.942 ", 150 C- factor pipe 842.74 - 4.8 psi _Sch_40 Total Equivalent ft DI_Lined 8.27', 140 C- factor pipe 343.26 - 1.8 psi Backflow /Meter adjustment: Backflow loss 8 -inch Ames 3000ss double detector check - 2.5 psi - 4.0 psi Meter loss none required 0.0 psi 0.0 psi Safety factor adjustment: % of static pressure reduction: Comment on requirement 0.0 psi 0.0 psi fixed reduction: Comment on requirement 0.0 psi 0.0 psi LHG reduction: As provided by Clearwater Utilities -12.0 psi - 12.0 psi Available BOR pressure Static 50.8 psi Residual 40.3 psi Engineered Solutions International LLC - 315 West Ponce de Leon Ave - Suite 770 - Decatur, GA 30030 Tel: 404-378-5801 Fax: 404-920-3269 • ORIGINAL REMENED Project Name: WalMart Neighborhood Market Attachment # ';3(. Site Location: NE comer of Greenlea Dr and N. Higland Ave APR 0 2 2007 Store #4667 PLANNING DEPARTMENT City, State: Clearwater, FL CITY OF CLEARWATER Fire Service Fire Flow Equivalent length worksheet Dist. calculated to an equivalent length of:* PVC Sch--40 7.942: inch ID & 150 C- factor pipe. Straicah t lines Minor Loss / Fittings node seg. # node node pipe type nom. ID in Actual ID in. length ft C- factor 45 E LE T B G C fittings ft total ft Equiv. Length 1 G 1 .' '. ' ::DI' Lined . ^ =8 r 6:031 '7 :' 50 %' 140 1; ' ;i'2_ ",1t 1 0 0 0.0 55 305.4 284.9 2 1 2; : :i:.PVC' Sch -40 8 71942 -. 85 ,,: ' 150 cv+7 4 �,', 9 0 0 0.0 158 242.9 242.9 3 2;` -. 3. ". , ,• :;'PVG Scti 40 "8 " -. :' 7.942 225. :: 150 ; ';`f' °T, .. 1 0 0 0.0 90 315.0 315.0 4 rr-3 v0.'. Eik , t, :u. i. 4 s 0 0 0.0 0 0.0 0.0 5 - �i .': �, c s >% r z`.eS t s .. t,. ; ,. .:e' ` 0 0 0.0 0 0.0 0.0 6 t :` s_: ,::.., .'7. �� . Sri ^.� .rte ,tPi, p:. .s..,� a`r x 0 0.0 0.0 7y s-fl' s r ` 0 0.0 0.0 $ r a:..:,.. r "ro f tFt °r•� _ +`:, r/,.. 01 0 0.0 0.0 9 ; :µ f ...:: .k .:.: ,.. ... .. •. kr %• e y ' ..c. Y...0 .: ! . h�'€. y i7` .� ::y.. ..� 10 :� r 0 0.0 0.0 7 0 0.0 0.0 8 r t - 01 0.0 1 0.0 9 `? 01 0.0 1 0.0 Loops 1 � �A�nnr I nee / GHinne Leg # node node pipe e nom. ID in ID (in. length ft C- factor 45 E LE T B G C fittings (ft) total (ft) Equiv. Length L1.1 r. Equiv. Length 6:031 a;.;; `25:, .s� 150 1; ' ;i'2_ ",1t 2.;r 0 0 0.0 1.2 83.8 343.3 2 r. x.t,. a. :.s ^; 1,. �?�ie ' cv+7 Mbx err. 0 0 0.0 1.3 0.0 0.0 3 T.' u t ,: s rt ..i.i ',bra "i u �'sz . o- i.f 0 0 0.0 1.4 0.0 0.0 4 rr-3 v0.'. Eik , t, :u. i. 4 s 0 0 0.0 1.5 0.0 0.0 5 - ` 0 0 0.0 0 0.0 1 0.0 s t :` s_: ,::.., .'7. �� . Sri ^.� .rte tF ..� p:. .s..,� a`r x 0 0.0 0.0 7 s-fl' s r ` 01 0.0 2.3 „;�. r a:..:,.. f tFt a. _ +`:, r/,.. 01 0 0.0 2.4 .. ... �. f ...:: .k .:.: ,.. ... .. •. kr %• e y ' ..c. Y...0 .: ! . h�'€. y i7` .� ::y.. ..� LOOP CV = U.0 Total Equivalent ft: PVC Sch 40 7.942 ",150 C- factor pipe 842.7 Lead inlout or straight pipe at different equivalent length rte;::; , Dist. calculated to an equivalent length of: D1�' Aheq_8:27:y � inch ID & 140 C- factor pipe. Siral ni iines minor Loss / rlmn is seg. # node node pipe type nom. ID in Actual ID in. length ft C- factor 45 E LE T B G C I fittings (ft) total ft Equiv. Length 6:031 a;.;; `25:, .s� 150 1; ' ;i'2_ ",1t 2.;r R. r: , 1: :'; S9 83.8 343.3 2 r. x.t,. a. :.s ^; 1,. �?�ie ' cv+7 Mbx err. a,.. 11]'1 0 0.0 0.0 3 . e :; r,. ?, . ,: s rt ..i.i ',bra "i �'sz . 1 i.f e '. 0 0.0 0.0 4 rr-3 v0.'. Eik , t, :u. i. 4 s .fir: 'cF 0 0.0 0.0 5 0 0.0 1 0.0 s t :` s_: ,::.., .'7. �� . Sri ^.� .rte tF ..� p:. .s..,� a`r x 0 0.0 0.0 7 s-fl' s r ` 01 0.0 1 0.0 Total Equivalent ft: DI Lined 8.27 ", 140 C- factor pipe 343.3 Engineered Solutions International LLC - 315 West Ponce de Leon Ave - Suite 770 - Decatur, GA 30030 Tel: 404 -378 -5801 Fax: 404-920-3269 Project Name: WalMart Neighborhood Market Attachment # 4 Site Location: NE corner of Greenlea Dr and N. Higland Ave Store # 4667 City., State: Clearwater, FL Domestic Service Water Flow Calculation I?F[`_r�lt/FIZ Test Time: 0 gpm 2:45pm Test Date: Static Pressure: 67 psi Elevation adjustment: - 4.0 ft x 0.433 psi / ft Test conducted by: Residual Pressure: 58 psi BOR elevation: Pitot Pressure: 33 psi 36 psi Gauge hyd location Outlet size(s): 2.5 in 2.5 in 4. in Test elevation: Discharge Coef: 0.9 0.9 Flow hyd location: Total Flow: 1971 gpm Flow @ 20 psi: 2/11/2007 Wade Anderson Engineered Solutions 40. ft Kimley- Horn dwgs 1st hyd on Greenlea east of N. Highland 36. ft Kimley- Horn dwgs 2nd hyd on Greenlea east of N. Highland 4816 gpm APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 140 130 120 110 100 90 80 70 CE 60 so 40 30 20 10 Demand: WalMart N -Mkt 85 @ 32 25 50 75 100 125 150 175 200 225 250 Flow - gpm n =1.85 Calculations 0 gpm 85 gpm Pressure available at test: 67.0 psi 67.0 psi Elevation adjustment: - 4.0 ft x 0.433 psi / ft - 1.7 psi - 1.7 psi Pressure loss due to friction: Total Equivalent ft: PVC _Sch_80 7.565 ", 150 C- factor pipe 309.66 0.0 psi Total Equivalent ft: PVC _Sch_40 3.042 ", 150 C- factor pipe 113.13 - 0.8 psi Backflow /Meter adjustment: Backflow loss 3 -inch Wafts 909MI - 9.0 psi - 10.0 psi Meter loss 2 -inch Sensus SRH Compound Meter 0.0 psi - 2.0 psi Safety factor adjustment: % of static pressure reduction: Comment on requirement 0.0 psi 0.0 psi fixed reduction: Comment on requirement 0.0 psi 0.0 psi LHG reduction: As provided by Clearwater Utilities -12.0 psi - 12.0 psi Available BOR pressure Static 44.3 psi Residual 40.4 psi Engineered Solutions International LLC - 315 West Ponce de Leon Ave - Suite 770 - Decatur, GA 30030 Tel: 404-378-5801 Fax: 404-920-3269 • 911GI"� Project Name: WalMart Neighborhood Market APR 0 2 2007 Attachment # Site Location: NE comer of Greenlea Dr and N. Higland Ave PMNING IDEPARTMEW Store # 4667 CITY OF CLEQWATER City State: Clearwater, FL Domestic Service Domestic Flow Equivalent length worksheet Dist. calculated to an equivalent length of: .�PVC- ::Sch':�.80 7.565 :=' inch ID & 150 C- factor pipe. Straicih t lines Minor Loss / Fittings node seg. # node node pipe type nom. ID in Actual ID in. length ft C- factor 1 45 E LE T I B I G C fittings ft total ft Equiv. Length 1 ,'. g; :. 1:.: i. „,.; .DI' -Uned ti -. 8 :: X8:27 250 ". ; 140 Y, ,;: 5. �2 :1 55 305.4 224.8 2 1',. 2' -. r..4'P.VC- $Ch:40 r8 ,:71942. 50 :'_ 150 2 �2,e, ;�.,.'; 0 0 0.0 58 107.5 84.9 3 Y +s , � «y h ; s i ; ,y oa f; "' 0 0 0.0 0 0.0 0.0 4 7. "t L. r.. _ a,f,. a ;` ' 0 0 0.0 0 0.0 0.0 5 . 0 0 0.0 0 0.0 0.0 6 r .. J 0 0.0 0.0 7 w: Hof 2 : i 0 0 0 0.0 0.0 8 <�[ A.t .. ✓ >i. + 4 .:: v t, 4,'w t; 0 0 0 0.0 0.0 0 0.0 10 0 0.0 0.0 7 { .. c 0 0.0 0.0 8 w; P 7 .�•. 0 0.0 0.0 9 i }' sF i �: 0 0.0 0.0 Loops 1 � �Ainn. 1 nec / F'�Minne Leg # node node pipe type nom. ID (in ID (in. length ft C- factor 45 E LE T B G C fittings (ft) total ft Equiv. Length L1.1 total ft Equiv. Length 1 ;taw r. '3 n +s: P,VCiSch"40 ,; �4 3:998 M�,260 -.3?; 150 Y, ,;: 5. �2 1.2 353.5 93.4 v - +t 3: =° °r43;.: : i 4, ,; . ,3998., ,`V, 5„ ., ` 2 �2,e, ;�.,.'; 0 0 0.0 1.3 74.7 19.7 a Y +s , � "Y • " . s i ; ,y oa f; "' 0 0 0.0 1.4 r : N 4 7. "t ..r. f "?E' 'x�;'k. .. _ ".r�" _ ' 0 0 0.0 0 0.0 0.0 J . 0 0 0.0 0 L2.1 0.0 6 r .. J 0.0 2.2 0.0 7 . Hof : i 0 0 0.0 2.3 x., a.^ <�[ A.t .. ✓ >i. + 4 .:: i t, 4,'w t; 0 0 0.0 2.4 0 0.0 LOOP =w = V.V Total Equivalent ft: PVC Sch 80 7.565 ", 150 C- factor pipe 309.7 Lead in /out or straight pipe at different equivalent length Dist. calculated to an equivalent length of: 3:042 , °N inch ID & 150 C- factor pipe. btratian t unes minor Loss / maings seg. # node node pipe type nom. ID (in Actual ID in.) length ft C- factor 45 E LE T I B I G C fittings ft total ft Equiv. Length 1 ;taw r. '3 n +s: P,VCiSch"40 ,; �4 3:998 M�,260 -.3?; 150 Y, ,;: 5. �2 93 353.5 93.4 2 3: =° °r43;.: a ;P.UC:;Sch -,40 , , 4, ,; . ,3998., ,`V, 5„ ., 150 2 �2,e, ;�.,.'; , x -1. ;`,: 50 74.7 19.7 3 Y +s , � "Y • " . s i ; ,y oa f; "' i ' w," . ,: 0 0.0 0.0 4 ..r. f "?E' 'x�;'k. .. _ ".r�" _ c t .• r 0 0.0 0.0 J . 0 0.0 0.0 6 .. J 0 0.0 0.0 7 . : i _ " M 0 0.0 0.0 Total Equivalent ft: PVC Sch 40 3.042 ", 150 C- factor pipe 113.1 Engineered Solutions International LLC - 315 West Ponce de Leon Ave - Suite 770 - Decatur, GA 30030 Tel: 404 -378 -5801 Fax: 404-920-3269 N • WAL- MART /CLEARWATER (HIGHLANDS) STORE NO. 4667-00 PURCHASE AGREEMENT This Purchase Agreement (the "Agreement ") is made as of the Effective Date of this Agreement (as defined herein) by and between TANDEM DEVELOPMENT GROUP LLC, a Florida limited liability company ( "Seller "), and WAL -MART STORES EAST, LP, a Delaware limited partnership ( "Wal- Mart "). . WITNESSETH: WHEREAS, Seller has entered into an Agreement for Sale and Purchase of Real Estate with The Morgran Company, along with that certain First Amendment, dated November 10, 2006 (The Morgran Company referred to as " Morgran" or the "Underlying Seller" and the agreement, along with the First Amendment, is hereinafter referred to as the " Morgran Contract" or the "Underlying Agreement ") to purchase that certain real property located at 1815 Highlands Avenue, Clearwater, Florida, commonly known as "HIGHLAND SQUARE ", which contains 7.296 acres more or less (the "Shopping Center Property"). A copy of the Morgran Contact is attached hereto as Exhibit A and made a part hereof; WHEREAS, Seller has agreed to assign to Wal -Mart and designate Wal -Mart as the Buyer of a portion of the Shopping Center Property representing approximately 58.9 percent (58.9 %) of the Square Feet of the Shopping Center Property (Wal- Mart's 58.9 percent (58.9 %) interest referred to as the "Property "), and Purchaser wishes to purchase the Property; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows: Recitals. The above recitals are incorporated herein and made a part hereof. 2. Sale and Purchase. Seller agrees to cause to be conveyed, assigned and transferred to Wal -Mart, and Wal -Mart shall purchase, subject to the terms and conditions herein, the certain real property, comprised of approximately 4.67 acres to construct a Wal -Mart Neighborhood Market on the Property. The Property is more particularly described in Exhibit B, attached hereto and made a part hereof. 3. Purchase Price. The purchase price for the Property shall be' - follows: (a) 4 - - )aid within ten (10) business days of the date of execution by Wal -Mart of this Agreemnn< W A ".c„ity National Title Company (the "Escrow Agent ") to be held in an interest bearing escrow account (the "Deposit "), with interest accruing to Wal -Mart; (h) A second non - refundable Deposit in the amount of paid within ten (10) business days of ORIGINAL TPA:480355:4 RENED WAL- MART /CLEARWATER (HIGHLANDS) STORE #4667 -00 APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER z • • execution by Wal -Mart of this Agreement to Escrow Agent to be held in an interest bearing escrow account (the "Deposit "), with interest accruing to Wal -Mart; (c) A third Deposit in the amount of - — i I paid within ten (10) business days of the date of execution dy wai -iwa,, of this Agreement to Escrow Agent to be held in an interest bearing escrow account (once tendered all Deposits jointly referred to as the "Deposit "), with interest accruing to Wal- Mart; and (d) paid on the date of the closing of this sale (the "Closing ") by certified check or federal wire transfer. The parties acknowledge that the Deposit shall be held pursuant to Section 31 of this Agreement which shall govern Escrow Agent's responsibilities with respect to the Deposit pursuant to this Agreement. Notwithstanding the provisions of this Section 3 to the contrary, upon verification that any of the Deposits have been tendered by the Seller to the Escrow Agent pursuant to the Underlying Agreement, at Seller's option (i) Wal -Mart shall forward the Deposit directly to Seller, for Seller's own account, instead of to Escrow Agdnt, or (ii) substitute funds for the existing Deposit held by Escrow Agent and instruct Escrow Agent to return to Seller the Deposits previously provided by Seller. 4. Survey. Wal -Mart, at its sole costs and expense, shall procure a current survey of the Shopping Center Property and Property prepared by a Registered Surveyor (the "Survey "). The Survey, in a form reasonable suitable to Wal -Mart and Seller, shall (a) locate all present and future easements, rights -of -way, 100 -year flood plain, building lines, utility lines, roadways and encroachments on or abutting the Property, (b) contain an accurate metes and bounds description of the Shopping Center Property and Property and (c) contain the certification of the surveyor as to the number of net square feet contained in the Property, exclusive of any land lying within areas in, upon, over, under and across which no improvements may be constructed by Wal -Mart, its agents or successors. 5. Title Insurance. Wal -Mart, at Wal- Mart's expense, by December 1, 2006, shall order a standard form ALTA Owner's Title Commitment (the "Commitment ") covering the Wal -Mart Property and issued by Stewart Title Guaranty Company (the "Title Company "), together with copies of all instruments, if any, referred to in the Commitment as exceptions to title. The Commitment and Policy (defined herein) shall be in an ALTA standard form as currently authorized and approved by the Insurance Commissioner of the State of Florida. Wal -Mart shall also obtain a current UCC search of the Property by December 4, 2006. At Closing, Seller, at Seller's sole cost and expense, shall cause to be paid all amounts secured by a lien on the Property ( "Monetary Liens ") and all such Monetary Liens shall be released. Wal -Mart shall have until December 6, 2006 to review and approve the Commitment and Survey ( "Title and Survey Review Period). If any exceptions appear in the Commitment, other than the standard pre - printed exceptions (which shall be totally deleted in the Policy except that the survey exception may except shortages in area) or any matters are disclosed by the Survey, which are objectionable to Wal -Mart, Wal -Mart shall by the end of the Title and Survey Review Period to notify Seller in writing of such fact. If Wal -Mart does not either accept the condition of the Commitment and Survey or object to the condition of the Commitment and Survey within said Title and Survey Review Period, Wal -Mart shall be deemed to be in default hereof and Seller shall be entitled to give Wal -Mart notice of the same in accordance with Section 10 below. Except for Monetary Liens, Tenancy Rights and matters to which Wal -Mart has objected, such exceptions shall be included in the term "Permitted Exceptions as used herein. Wal -Mart acknowledges that Seller shall have no obligation to cure any title defects, and Seller's sole obligation shall be to use best efforts to cause Morgran to cure any title defects pursuant to the Morgran Contract. If Morgran, after using all due diligence and best efforts;,Iure TPA:480355:4 REMIVED 2 WAL-MART /CLEARWATER (HIGHLANDS) APR 0 2 2007 STORE #4667 -00 PLANNING DEPARTMENT CITY OF CLEARWATEP • • any title defect as to which due notice is given, Wal -Mart, within the time frame required of the Buyer in the Morgran Contract, shall have the option to terminate this Agreement and to notify Seller that Wal- Mart will not proceed with the purchase, whereupon this Agreement shall terminate and the Wal -Mart shall be repaid the Deposit; or (ii) accept title subject to such defects without reduction in the Purchase Price. 6. Title and Deed. At the Closing, Seller shall convey, or at Seller's option, cause Morgran to convey to Wal -Mart , by Special Warranty Deed in a form reasonably acceptable to Wal -Mart, marketable fee simple title to the Property, free and clear of any and all encumbrances, subject only to the Permitted Exceptions as provided in Section 5 herein. At the Closing, Wal -Mart shall also be able to obtain, at Seller's expense, a standard form ALTA Owner's Title Insurance Policy (the "Policy ") issued by the Title Company, insuring marketable fee simple title to Wal -Mart in the full amount of the Purchase Price and containing no exceptions or conditions other than the Permitted Exceptions as provided in Section 5 hereof. If Wal -Mart elects to obtain an extended form title insurance policy, Wal -Mart shall be responsible for the increase in premium between a standard form policy and an extended form policy. 7. Condemnation. If, prior to the Closing, all or any part of the Property shall be condemned by governmental, quasi - governmental or other lawful authority, Wal -Mart shall have, upon written notice to Seller, all those right and obligations of Buyer set forth in the Morgran Contract. 8. Taxes and Assessments; Rents. Real property taxes, water rates and sewer charges and rents, if any, shall be prorated and adjusted on the basis of the actual days in the calendar year (based on Wal -Mart's 58.9 percent (58.9 %) interest in the Shopping Center), Seller to have the last day, to the date of Closing. Seller shall cause Morgran to pay Taxes for all prior years. If the Closing shall occur before the tax rate is fixed for the then - current year, the apportionment of taxes shall be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, with the proration to be adjusted between the parties based on actual taxes for the year in which Closing occurs at the time such actual taxes are determined. Seller shall cause Morgran to pay all assessments, either general or special, for improvements completed prior to the date of Closing, whether matured or unmatured, required pursuant to the terms of the Morgran Contract. All other assessments shall be paid by Wal -Mart. Furthermore, within five (5) days after the Effective Date, the Seller shall cause to be completed the Real Property Tax Guidelines For Wal -Mart Built Stores attached hereto as Exhibit C and upon completion will forward to the Real Estate Manager. Rents and other charges due under Leases, if any, income and expenses shall not be prorated. Seller shall not be permitted to take any action against any tenant owing delinquent rent, to collect delinquent rents or other sums owed to it. After Closing, amounts received by Wal -Mart from any tenants who were delinquent in payments to Seller as of the Effective Date, including the Previous Tenants, shall be immediately paid by Wal -Mart to Seller. The provisions of this Section shall survive Closing. Seller shall not be required to credit Wal -Mart the amount of any prepaid rent for any month after the month in which the Closing occurs. Seller shall not be required to credit to Wal -Mart any sums paid by tenants under the Leases as security deposits. 9. Transfer and Sales Taxes. The expense and cost of all federal, state and local documentary or revenue stamps, transfer, sales and other taxes, if any, relating to the sale of the Property shall be paid by Wal -Mart on the date of Closing. Both parties agree to execute any tax returns required to be filed in connection with any such taxes. 10. Notice of Default. In the event either party is in default of any material provision hereof, the non - defaulting party must give the defaulting party written notice of the same, and such written notice shall be a condition precedent to the exercise of its remedies, except for WaI -Mart's failure to timely TPA:480355:4 WIGINAL 3 REEVED WAL-MART /CLEARWATER (HIGHLANDS) STORE #4667 -00 APR 02 2007 PLANNING DEPARTMENT CITY OF C1 FAPIAIATPD Close or provide the requisite notice required under Sections 5 or 16 (a). The defaulting party shall have ten (10) business days from the receipt of such notice to cure the default, except for Wal -Mart's failure to timely Close or provide the requisite notice required under Sections 5 or 16 (a). If the defaulting party timely cures the default, the default shall be deemed waived and this Agreement shall continue in full force and effect. If the defaulting party does not timely cure such default, the non - defaulting party shall be entitled to pursue its remedies as set forth in Sections 11 and 12 below, as applicable. Notwithstanding the foregoing, Seller shall not be contractually responsible for any default under this Agreement resulting from a default by Morgran under the terms of the Morgran Contract which prevents Seller from complying with the terms hereof. 11. Remedies of Seller. If Wal -Mart shall default in the performance of any of the terms and conditions of this Agreement, or if the Closing shall not occur through the fault of Wal -Mart, Seller shall, as its sole and exclusive remedy, retain the Deposit with interest thereon as liquidated damages, and this Agreement shall be canceled. 12. Remedies of Wal -Mart. If Seller fails or refuses to comply fully with the material terms of this Agreement, Wal -Mart may, at its option: (a) rescind this Agreement in which case the Escrow Agent is irrevocably instructed to return the Deposit, as well as any interest earned thereon, to Wal -Mart, as well as recover from the Seller any and all reasonable expenses paid or incurred by Wal -Mart in connection with this Agreement; or (b) pursue any other legal or equitable remedy, including without limitation a suit for specific performance. 13. Right of Entry. At any time prior to the Closing, to the extent permitted by the Morgran Contract, and at Wal -Mart's sole expense, Wal -Mart or its authorized agents shall have the right to enter upon the Property for any lawful purpose, including without limitation making such surveys and site analyses, test borings and engineering studies and to erecting such signs as Wal -Mart may deem necessary. Wal -Mart shall indemnify, defend and hold Seller harmless from and against any costs, damages, claims or liability as a result of or arising out of such activities. In the event this transaction fails to close, Wal -Mart shall restore the Property to the same condition, wear and tear excepted, as existing on the date of this Agreement. 14. Brokerage /Consultant Fees. Seller and Wal -Mart each represent and warrant that no broker or consultant is involved in this Agreement and each party agrees to indemnify the other against brokerage or commission claims arising out of the indemnifying party's actions. The parties agree and acknowledge that Wal -Mart is not responsible for any brokerage or commission claims arising out of the Underlying Agreement. Further, Seller agrees to indemnify Wal -Mart against any brokerage or commission claims arising out of the Underlying Agreement. 15. Utilities. Seller, at the time of Closing, warrants to the best of its knowledge that all utility services including water, gas, electrical and sanitary sewer to the Property will be available. 16. Contingencies and Seller's Warranties. (a) Inspection Period. There will be an inspection period beginning on the Effective Date and expiring on December 6, 2006 (the "Inspection Period ") during which Wal -Mart shall conduct due diligence activities on the Property to determine the suitability of the Property for Wal -Mart's intended use ( "Intended Use "). Should this Agreement be terminated during the Inspection Period, the Deposit, plus interest, shall be returned to Wal -Mart. Subsequent to the Inspection Period, only in the event of a material default by Seller shall the Deposit be returned to Wal -Mart. ORIGINAL REC'FIV€D TPA:480355:4 4 WAIL- MART /CLEARWATER (HIGHLANDS) STORE #4667 -00 APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 • (b) Governmental Approvals. Seller acknowledges and agrees that, to the extent permitted by the Morgran Contract, Wal -Mart may seek land use approvals (the "Approvals ") from all applicable governmental agencies for Wal -Mart's Intended Use of the Property prior to Closing. Seller shall fully cooperate with Wal -Mart in obtaining said Approvals, including, but not limited to, executing any and all applications and governmental request in obtaining any and all licenses, authorizations or other governmental approvals. Wal -Mart shall deliver to Seller copies of all correspondence, materials, applications, and supplemental materials relating to the Approvals. Wal -Mart shall also provide Seller with copies of all communications from applicable governmental authorities, including requests for additional information and materials and notices of hearings and all other documents required by Seller to deliver to Morgran under the Morgran Contract. Seller and Wal -Mart shall share the cost of obtaining Approvals on a pari passu basis (i.e. Wal -Mart being responsible for 58.9 percent (58.9 %) of the cost), but nevertheless, Seller's responsibility shall be limited to reimbursement of costs only directly attributed to Seller's improvements. Notwithstanding the foregoing, Wal -Mart's obligations under this Agreement are not contingent upon receipt of any of the Approvals. (c) Inspections and Soils Tests. Wal -Mart shall have the right, at Wal- Mart's expense, to select licensed engineers, contractors, and/or other qualified professional(s) to make "Inspections" (including tests, surveys, other studies, inspections, investigations and interviews of persons familiar with the Property) concerning the Property, including but not limited to tests of structures, wells, septic tanks, and underground storage tanks on the Property, soils, geologic hazards, utility lines and systems, possible environmental hazards, such as asbestos, formaldehyde, radon gas, methane gas, pesticide residues, oil and gas deposits, and other "Hazardous Materials ". This Agreement is expressly conditioned upon Inspection results which, in the sole judgment of Wal -Mart, evidence that the Property is suitable for Wal -Mart's intended use. Wal -Mart shall order the Inspections promptly after the Effective Date. Seller shall deliver to Wal -Mart, within ten (10) days of the date hereof, copies of any existing Inspection reports in its possession. Wal -Mart shall keep the Property free and clear of any liens, and repair any material physical damages to the Property arising as a result of such Inspections. When such reports disclose conditions or information unsatisfactory to Wal -Mart, which are disclosed in writing to Seller during the Inspection Period, which Seller is unable or unwilling to correct at Seller's expense, Wal -Mart may cancel this Agreement by written notice delivered to Seller by the end of the Inspection Period. (d) Condition of the Prove . Seller warrants that Seller has no knowledge (without any duty to investigate) of any notice of violations of city, county, state, federal, building, land use, fire, health, safety, environmental, hazardous materials or other governmental or public agency codes, ordinances, regulations, or orders with respect to the Property, or as to health, safety, environmental, or hazardous materials codes, ordinances, regulations or orders relating to any lands adjacent to the Property. Seller warrants that Seller has no knowledge (without any duty to investigate) of any litigation pending, threatened or likely with respect to the Property, Seller's interest therein, or which would otherwise inhibit Wal -Mart obtaining clear title to the Property. Seller also warrants that it has no knowledge(without any duty to investigate) of any physical, legal, economic or political facts, circumstances, problems or governmental actions with respect to the Property which should be disclosed by Seller or its agents under Florida law, or which an owner or developer of a property such as the Property would want to know in making decisions concerning acquisition and development of the property, except those which have been disclosed to Wal -Mart in detail, in writing. (e) Real Estate Committee Approval. Wal -Mart hereby represents to Seller that it has obtained approval from Wal -Mart's Real Estate Committee of the placement of a store on the Property. ORIGiN& (fj Intentionally Omitted. kEC11&._A1FD TPA:480355:4 WAL- MART /CLEARWATER (HIGHLANDS) STORE #4667 -00 APR 02 2007 FL4NNiNG DiPAWI-f WENT OlfiY OF CLEARWATER s • (g) Additional Warranties. Seller hereby represents and warrants to Wal -Mart that, to the best of its knowledge (without any duty to investigate), the Property is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and that the Property has never been used for a landfill, dump site, storage of hazardous substances, or by a manufacturer of any product or for any other industrial use. This representation and warranty shall survive the Closing. In the event that Wal -Mart notifies Seller by the end of the Inspection Period that the representation set forth in this subsection is untrue and such notice is accompanied by a report from an licensed engineering company with experience in evaluating such matters, then Seller can elect to: (i) cure any environmental defect as to which due notice is given (ii) or terminate this Agreement, whereupon this Agreement shall terminate and the Wal- Mart shall be repaid the Deposit. (h) Date of Accuracy. The warranties contained in this Section 16 shall be true as of the date of Closing. If, prior to the Closing Date, Wal -Mart learns that any of the foregoing warranties or any disclosures by Seller were materially misleading, incomplete or otherwise incorrect on the Effective Date, Wal -Mart may utilize any of its remedies provided in this Agreement. 17. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: If to Seller: Tandem Development Group, LLC. Attn: Paul Schertz 14502 North Dale Mabry Hwy, Suite 333 Tampa, FL 33618 With a coy to: John C. Strickroot, Jr. Shutts & Bowen, LLP One Clearlake Centre, Suite 500 250 Australian Avenue South West Palm Beach, FL 33401 If to Escrow APent: Fidelity National Title Company If to Wal -Mart: Wal -Mart Stores East, L.P. Attn: David Roetto — 8703 Real Estate Manager 2001 S.E. 10' Street Bentonville, AR 72716 -0550 With a copy to: Wal -Mart Stores East, L.P. Attn: Bruce Wickline, Esq. — 8313 Legal Department 2001 S.E. 10" Street Bentonville, AR 72716 -0550 With a coQv to: Marilyn Mullen Healy, Esquire Ruden McClosky Smith Schuster & Russell, P.A. 401 E. Jackson St., Suite 2700 Tampa, FL 33602 Notice shall be deemed to have been given upon receipt or refusal. Notwithstanding anything in this Section 17, Section 4 and Section 5 to the contrary, Seller agrees to accept notice of Buyer's title objections as more fully provided in Sections 4 (Survey) and 5 (Title) by facsimile. ORIGINAL RECEIVED TPA:480355:4 WAL- MART /CLEARWATER (HIGHLANDS) STORE #4667 -00 APR 02 2007 PLANNING DEPARTMENT CITY OF CEEARWATER O1I�IE�L Er JVC APR 0 2 2007 PLANNING DEPAR`lfIAEN1 CITY OF CLEARWApp 18. Closin The Closing shall be at the place and time set forth in the Morgran ontract as the date of Closing ( "Closing Date "). The Closing Date shall be extended if the closing date in the Morgran Contract is extended. At Closing, the following shall occur: (a) Seller shall cause to be executed and delivered by Morgan to Wal -Mart all the documents set forth in Section 5.03 of the Morgran Contract, with respect to the Property (the "Seller's Closing Documents "): (b) Wal -Mart shall deliver the Purchase Price (subject to prorations and adjustments, including, but not limited to, a credit for the Deposit) and the executed Development Agreement. (c) Escrow Agent shall deliver the Deposit to Seller. (d) Seller and Wal -Mart shall each execute counterpart Closing Statements in a customary form together with such other documents as are reasonably necessary to consummate the Closing. 19. Closing, Costs. Notwithstanding anything to the contrary contained herein, the Closing costs shall be paid as follows: (a) By Seller: (i) Preparation of Special Warranty Deed; and (b) By Wal -Mart: (i) Preparation of Mortgage, Deed of Trust or other applicable financing instruments; (ii) Recording fees; (iii) Title insurance examination and premium (Standard Owner's Policy); (iv) Survey (v) Documentary stamp taxes and surtax due on the deed; (vi) Extended owner's title policy; and (vii) Any Brokerage fee for Wal -Mart's Broker. 20. Time of Essence; Acceptance. Time is expressly declared to be of the essence of this Agreement. Seller shall have three (3) business days from the date of receipt of this Agreement to accept and agree to the terms and conditions herein. 21. Development Agreement and Easements. Within forty-five (45) days of the Effective Date of this Agreement, the Seller and Wal -Mart shall negotiate in good faith the terms and conditions of a Development/Party Wall Agreement and Site Development Agreement ( "Development Agreement ") and Easements With Covenants and Restrictions Affecting Property ( "ECR ") with respect to the parties use of the Shopping Center Property and Wal -Mart's use of the Property. The agreed upon Development TPA:480355:4 WAL- MARUCLEARWATER (HIGHLANDS) STORE #4667 -00 • 4j�jEn APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWAT� Agreement and the ECR will be executed by the parties at Closing and the ECR shall be rec ded in the public records in the county where the Property is located. 22. Headings. The headings to the Sections hereof have been inserted for convenience of reference only and shall in no way modify or restrict any provisions hereof or be used to construe any such provisions. 23. Modifications. The terms of this Agreement may not be amended, waived or terminated orally, but only by an instrument in writing signed by both Seller and Wal -Mart. 24. Successors. This Agreement shall inure to the benefit of and bind the parties hereto and their respective successors and assigns. 25. Internal Revenue Code. Seller agrees to comply with Section 1445 of the Internal Revenue Code and will complete and submit to Wal -Mart the form attached hereto as Exhibit D. 26. Attomey's Fees; Court Costs. Notwithstanding anything to the contrary, in any action or proceeding arising out of the Agreement, each party shall bear its own attorney's fees, and the prevailing party shall be entitled to recover only court costs from the non - prevailing party incurred by such party in enforcing its rights hereunder. In the event of a legal dispute, the laws of Florida shall prevail. 27. Intentionally Omitted. 28. Survival. All warranties, representations and covenants herein shall survive the Closing. 29. Dates of Performance. In the event that any date for performance by either party of any obligation hereunder required to be performed by such party falls on a Saturday, Sunday or nationally established holiday, the time for performance of such obligation shall be deemed extended until the next business day following such date. 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument. 31. Escrow Agent. The Escrow Agent and its duties and obligations are as set forth in the Morgran Contract. 32. Effective Date. The term "Effective Date" or such other similar terms shall be the date upon which the latter of Seller or Wal -Mart shall so execute this Agreement, such date to be evidenced by the date inserted beneath the signature of Seller and Wal -Mart. 33. Confidentiali1y Clause. Seller acknowledges that disclosure of any information contained in this Agreement, or related to the contemplated development of the Property by Wal -Mart, is or may be damaging to Wal -Mart. Seller hereby agrees that it shall use reasonable efforts to keep this Agreement confidential. 34. Statutor Radon Notice. Radon is a naturally occurring radioactive gas that when it is accumulated in a building in sufficient quantities, may present a health risk to persons who are exposed to it over time. Levels of radon that exceed the federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TPA:480355:4 WAL- MARTICLEARWATER (HIGHLANDS) STORE #4667 -00 0 9 35. Like Kind Exchange. Either Seller or Wal -Mart may consummate the sale of the Property as part of a so- called like exchange (the "Exchange ") under Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated under such section (collectively, the "Code "). The exchanging party may assign its rights, but not delegate its obligations, under the Contract to a "Qualified Internlediary" as that term is defined in the Code, on or before the Closing Date. The non - exchanging party shall execute such documents and take such actions as may be reasonably required to effectuate the Exchange; provided that: (i) the Closing shall not be delayed or affected by reason of the Exchange nor shall the consummation or accomplishment of the Exchange be a condition precedent or condition subsequent to either party's obligations under the Contract; (ii) neither party shall be required to acquire or hold title to any real property for purposes of consummating the Exchange; (iii) the non - exchanging party shall not incur any liability or expense whatsoever as to the Exchange; and (iv) the exchanging party shall forever indemnify, defend, and hold harmless the non - exchanging party from and against any loss, cost, liability, damage, or expense (including reasonable attorneys' fees and court costs) incurred by the non - exchanging party in any manner related to the Exchange. The non - exchanging party shall not, by this provision, or acquiescence to the Exchange, (a) have its rights under the Contract affected or diminished in any manner, or (b) be responsible for compliance with or be deemed to have warranted to the exchanging parry that the Exchange in fact complies with the Code. 36. Assi ment. Wal -Mart acknowledges that Seller may assign this Agreement to Kimco Realty or to a joint venture entity with Kimco, without the consent of Wal -Mart. The Seller shall be released of any liabilities hereunder by virtue of any such assignment. 37. Underlying A eement. Seller has the contractual right to purchase the Property pursuant to the Underlying Agreement. Seller agrees as follows with respect to the Underlying Agreement and its obligations thereunder: (a) Seller hereby represents and warrants, to the best of its knowledge, and subject to those matters outside of its contract, that (i) the Underlying Agreement is in full force and effect and no party is in default under it, (ii) the Seller shall not default under the terms of the Underlying Agreement, (iii) the Seller shall close the transaction evidenced by the Underlying Agreement immediately concurrent with Wal -Mart's purchase, (iv) within three (3) days of receipt thereof, Seller shall provide Buyer with copies of all written notices received or delivered in connection with the Underlying Agreement, (v) Seller has provided Buyer with a true and complete copy of the Underlying Agreement, and (vi) Seller shall not consent to any modification to the Underlying Agreement without the express written consent of Wal -Mart. (b) If necessary to enforce its rights against Morgran, Seller will initiate and fully cooperate with any action by Wal -Mart to exercise the right to specific performance of the Underlying Seller's obligations under the Underlying Agreement. Both parties shall share in the cost of such action on a prorata basis. (c) Except for the Deposit reimbursement obligations of Section 3 hereof, Seller acknowledges that Wal -Mart has not and will not assume any obligation or liability of Seller arising in connection with the Underlying Agreement. (d) Seller shall use its best efforts to provide Wal -Mart with copies of draft closing statements for Seller's own purchases no later than three (3) business days before the scheduled Closing of the Underlying Agreement. ORIGINAL RE RED TPA:480355:4 W WAL- MART /CLEARWATER (HIGHLANDS) STORE #4667 -00 APR 0 2 2007 PLANNING DEPARTMENT CITY OF CCEARWATFP • ORIGINAL READ APR 02 2007 PLANNING I)EPARTMENT CITY OF CLEARWATER (e) Seller shall use its best efforts to provide to Buyer with draft copies of Underlying Seller's deeds at least three (3) business days prior to the Closing of the Underlying Agreement. (f) Seller shall use its best efforts to provide Wal -Mart with a Tax Proration Agreement executed by Underlying Seller if so requested by Wal -Mart. (g) Seller shall provide to Wal -Mart any other information reasonably requested by Wal -Mart pertaining to Seller's acquisition of the Property. (h) Seller shall use its best efforts to provide Wal -Mart with a copy of the Closing Instruction Letter for Seller's acquisition of the Property at least three (3) business days prior to Closing of the Underlying Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS OR ATTEST: 1 Si a re J a Print Name Signature Print Name WITNESS OR ATTEST: Signature Print ame Signe 1 �` &I Print Name Assistant Secretary (Corporate Seal) TPA:480355:4 WAL - MART /CLEARWATER (HIGHLANDS) STORE #4667 -00 SELLER: TANDEM DEVELOPMENT GROUP LLC, a Florida limited liability company By: (7� Print Name : FW-T Ts Tc.,tf�_—f2_. Title: ' Date: T WAL -MART: WAL -MART STORES EAST, LP, a Delaware limited partnership By: WSE MANAGEMENT, LLC, a Delaware limited liability company, General Partner T Chris Callaway Assistant Vice Pn Approved as to legal terms.only b BEt3 WAL -MART L ~GAL DEPT. 10 Date: lz ooc( • • (e) Seller shall use its best efforts to provide to Buyer with draft copies of Underlying Seller's deeds at least three (3) business days prior to the Closing of the Underlying Agreement. (f) Seller shall use its best efforts to provide Wal -Mart with a Tax Proration Agreement executed by Underlying Seller if so requested by Wal -Mart. (g) Seller shall provide to Wal -Mart any other information reasonably requested by Wal -Mart pertaining to Seller's acquisition of the Property. (h) Seller shall use its best efforts to provide Wal -Mart with a copy of the Closing Instruction Letter for Seller's acquisition of the Property at least three (3) business days prior to CIosing of the Underlying Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS OR ATTEST: Signature Print Name Signature Print Name WITNESS OR ATTEST: r Signature AL,el.ak c;kr..ac.& Z. Print ame Signature�0. Print Name Assistant Secretary (Corporate Seal) TPA:480355:4 WAL -MART /CLEARWATER (FUGHLANDS) STORE #4667 -00 SELLER: TANDEM DEVELOPMENT GROUP LLC, a Florida limited liability company By: Print Name: k' RIGINQ Title:�� Date: APP 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER WAL -MART: WAL -MART STORES EAST, LP, a Delaware limited partnership By: WSE MANAGEMENT, LLC, a Delaware limited liability company, General Partner Approved as to legal terms.ohly byBF%.J WAL -!MA T L GAL DEPT, t o Date: ( _ n6 20010 • Purchase Agreement Wal -Mart/Clearwater (Highlands); Store #4667 -00 Responsible Exhibit Exhibit Name Party- — Status A Morgran Contract Completed B Legal Description/site plan of the Property Completed C Real Property Tax Guidelines for Wal -Mart Built Stores Pending D I Entity Transferor Pending TPA:480355:4 11 WAL- MARUCLEARWATER (HIGHLANDS) STORE #4667 -00 OWGINAL REMEIVED APR 0 2 2007 PLA14NING DEPARTMENT CITY OF CLEARWATER I PURCHASV, AGREEMM 08/24/2008 11:31 IFAX Df,NIELLUTANDENOEUG.CON i BEGXY unic+�ivo lu:.�� ra.t � ACiREMJWr FOR SALE AND pIMCEASB QF RF,4T, FSTATB TFfY3 AG N'Pmadcthis_dBY ciAugnst, 2QOb, by �dbavee�t �R g: TM MORGRW COMPANY, aFlbtida conma6mn o/O Ct=p 13ayca III The Eaycs Law GrUP • 4741 Central Av=c SuitaA St pet burg, FL 33713 BUYER; TANIU MDBVPI'..DPIMIT GROUP 11r, aFimdn J=tod habiBi'ty coinp=Y 14502 North DalelviabryEvy, Suite 333 Tampa, FL 33618 ESCROW ACCT: FMELlTYNAT70NAL TMX a001/032 Ig Obz WITNESSETFl: SAS, Seller is the fft simple ovn ar of narrate rcal property located is Fiuellas Cou=y, Florida at 2015 Higblw& Avenue, Clcarwaten Tladtl% co=M011Y Im wn as °T]IGHI.AI� SQUARE", which ocntaias 7.296 Mm more. or 1aes, to8ffia whir ari aapmvemcntg 'them, lmd is mono pmticalady dasaibed iat BAbit "A" attached hereto and inowporstedliml s. byrafermce (the "ft0Perty); and W�F.A:j, the Seller desires to saU and the Ruyt:r dues to Pm.dtm W Property, as defied h=moft44 andcrthe terms said caatdi ms cold hmc+e lL ! NOV, THEREFORE, in caasidersHM of the forcgomg recitals► tlae mniMaat cove=ts and upmnmfs at faith hmin, and for other good amd vaiaablc cost., tho Moipt and auffadencyofwbicbhmobm*y a 3mowledged, Sell= endBuyorh%tby sgrec-as foltawe: i 1. DEEIlaTYon As used tit thia Agru mmxt the follov&g teams sbtalt Nava the lOilmvnzg nneazrin941 1.01 "Aecement" means ibis Agreement for Sate aid Purchase of heal Est as it maybe amendad fro9a torso to time. \ wraaacs 72MM s 1 � _ ()R6G1NAL RECEIVED APR 0 2 2007 CiTy OF OLFARWATFa continued 06/24/2006 11:31 IFAR DANIELLE @TANDENDEYS.CON BECKY 002 /0 ^u2 X,tl� 1IC9os"nne means the cx=uion and delivery of those documents and funds necessary to perfect the transfer of fee simple title to the Properly to tho Buyer in accordance with the terms of ibis Agreement. IM '"eetive Date" means the last date on which Seller and Buyer have both executed this Agreement. 1.04 "Borer's Intended Use ofProuertY" means the use of the Property by Buyer for any use, including as a WalMart Neighborhood Marketplace, andlor retail rental 5bopp2ng Center. 1.05 llprorgtedu means the allocation of an item of expense or income between Seller and Buyer based upon the percentage of the lime period as to which such item of expense or incaaae relates which has expired on the date as of which the proration is made. Intl "Proaorty" means: (1) The Property, spe4cally including, but not limited to, all lead, buildings, sfructunr, improvements, havditaaaents, easements, nghts-of -way, app ce% pass M water rights, drsirge rights, and any and all other rights, liberties and pftleges thereon or iu any way now or hereafter appertaining and including. if any, 211 right, title and interest of the Seller in and to all rights- oiFway, easements, public end private streets, roads, strips of land,. roadways, avenues, alloys, pauageways card water rights. {'including any of the £oregoM lying m any mad beds), in front of or abatling the Property or any portion thereof of record; and (2) All of Seller's into mt in all fixtures, 3machinery, equipment and 4ehor' articles of personal Property (collectively, the "Personal Propertn aftxbed or appurtenant thereto or used in connection ti =vwign and (3) All of Sellers right; title and interest in, to and under any and all site plans, constn Ott and development dmawing% plans, and specific 6 ws, damnnen% surveys, engineering soil reports and studies, hceusbs, gove=ental orders, resolutions. grants, Peraf= .including but not 3 rted to sower permits, utility permits and drainage per ogts, zoning appa+ovals and licenses, rights and agreemants and similar or equivalent private and governmental documents of every kind and character wliatsaever ping or applicable to or in azry way connected with the Property or Buyef's Intended Use, and all night, title and intoMt of Seller in. arad to all fees and deposits heretofore paid by Seller with respect thereto; and (4) To the extent Buyer, in Buyces sole discretion, elects to assume the see, all right, titic and interest of the Seller with tespogt to any contracts, purnhaso orders, service coritraets, equipment leases, licenses and auy and all other agreements relating to 1ho Property; and (5) All of Seller's right, title and interest in and to all branole property used or useful in comtecdon with the land and the improvements tlst=n, if any. including without limimon all trademarks, trade names, contrast rights, guar 2teea, licenses, Permits warranties and the non - exclusive rlght to use the name "MGHLANA SQUARE ; and • ORIGINAL vrpaoocsnzaaaa e 2 RECEIVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Exhibit _ continued -. 02/2412005 11:31 IFAX DANIELLEVANDEMBEM CDH a BECKV Q 00V032 (6) All of Seller's right, title and interest in, to and under g1l leases of space and other possessory agreements affecting the Property; which Buyer shah assume st Cloning; and (7) That the Property shall be conveyed unencumbered except for the thorn matters contained in the Commitment and not objected to by Bayer, the Leases and any service agreeraeAts described on Exhibit "B" attached hereto for which Buyer elects to assume prior to Closing (the "Service Agreements"). 1.07 "Title Insumnee" means preliminary reports of title, title insurance commitments and policies or any title ftwunnce company licensed and qualified to issue title insurance in the State of Florida. and approved by Buyer (the' Title Insmanoe Company"). 2. PIMCHASE AND SALE The recitals of this Agreement and the definitions set forth above are hereby incorporated into and made a part of this Agr4Cmcnt. Buyer agrees to purchm from the Seller and the Seller agrees to sell to the Buyer the ; Property tinder the tears and eondinons set forth in this Agreement. • •i 3. PURMASE PMCE AND PAi'11;i=rS 3.01 Purchase Price, The Purchase Price for the 2'rop v rhatl hp i 3.02 First Deposit, Upon execution of this A ee-mt. Tbmp -r shall deposit with the Escww Avant-1w cash or lw wire tremftr, the amount of . the "Fint.Deposft' , which First Deposit shall lye nam m interest bearing account in accoroance with the provisions of Section 15 hsrembeloar. The term ; First Deposk as used in Ws Agreemem shall include all interest earned thereon. At Closing, Buyer shall receive a credit against the Purchase Price for the First Deposit 3.03 Seen-ad Deposit 'Within FORTY-FM (45) days after the Ef wdve. Date, Buyer I shall deposit with ti- Fscaow Agent. by cash or by wire transfer. am additional a unt of t. the "Second Deposit'). I winch Secorid Deposit shall be held in an interest bearing account in accordance with ft I l provisions of 5ecdom 15 hereiabolow. The term Second Deposit, as used in this Agreement, shall y include all interest earned thereon. • At Closing, Buyer shall receive a credit Against the Pmthass i Price far tho Second Deposit. j 3.04 Third bennsit 'Within two (2) days after the wMiratio& of the inspection Period if Buyer has not elected to terminate this Agreement in accordance with. Paragraph 13 hereof, Bever ghull deposit with the Bscrow Agent, by cash or by whu Lrwsfbt', an additional amount of i (the "Third Deposit!), which, Third Ueposa a all be held in an inter= Mdng accouuL a accordance with the provisions of Section 15 hereinbelow. The team Third Deposit, as used in this Agreement;, Shall iaoludc all interest earned Hereon. At Closing. Buyer shalt receive a credit against the Purchase ! ' Price for the Third Deposit If the Buyer does not temninaxe this Agreement prior to the! wrsnocs 7ZU03 s � ORIGINAL RECHVED APR 022007 PLANNING DEPART IMEN CITY OF GI.EARWATFP Exhibit continued 08/24/2006 11:31 IFAH DAHIELLEOTANOEHOEV6_COM a BECKY � 0041032 expiration of the Inspection Period, the First Deposit, the Second Deposit and the Third Deposit, Including all interest earned thereon, shad be non.- refi:ndable to Buyer for any reason, except in the event of Seller's refusal to close on the transaction contemplated by this Agreement or other material default by Seller. The First* Deposit, Second Deposit, and Third Deposit as and when deposited with Escrow Agent shall be sometimes referred to as "Earnest Money Deposit ". 3.05 Balance of purchase lance: The balance of the Purchase Price In the amount of ,' . , plus or minus prorations, re==colenu, appornonrnant, ray. J w&ments as provided herein, shall be paid by Buyer to Seller at Closing, in cash, by cashier's check, or by confamed wire transfer of funds. 4.. TITLE INSURANCE 4.01 Title insurance. VJttliin thirty (30) days from the Effective Date, Buyer shall ' obtain a title insurance commitment together with copies of each of the Schedule B -II title exceptions referred thetein (the "Commitment D, issued by Buyer's attorney as agent for the Title Insurance Company, commnttmg the Title Insurance Company to insure Buyer's title to ffte Property. The Commitmmt and resulting title insaranee policy (the °Policy'} shall be in the maount of the Purchase Prim. The -cost of the Commitment sad the Policy shall be paid by Buyer at Closing. The Commitment and Policy shall be iu an ALTA staxudard farm as ctarently authorized and approved by the Insurance C=missioner of the State ufFlorlda. Buyer shall also obtain, a current UCC search of the Property within thirty (30) days from the Eftfive Date . Such UCC search shell show no liens on any of the personal property being conveyed i nth.. Buyer or Buyer's attorney sball 6m written no ' Seller of any objections by the Buyer to the bite wa J days slier receipt of the Commitment and the UCC search. The Buyer shall not teq a objection to the existence o any mortgage lien, materialmen or mechanic's lien, assessment lieu or any other lien encumbering all or any part of the Property, ell of which are hereby deemed to have been objected to by Buyer and all of which shall be paid is full at or prior to Closing, After due notice, Soller shall have a reasonable time, not to exceed fi$een (IS} days, to Cure enyect if a the Closet shall be delayed for that p� s ea, using all dIli once and best effo to cure au title ns to w u�dua notice i9 given, uyer shalt have the option to terminate this Agreement and to notify Sell�x bust Buyer vii not proceed with the purchase, whereupon.this Agreement shalt terminate acid the Bayer shall be repaid the Esxnest Money Jkposit: or (ri) accept title subject to such defects without reduction in the Purchase Price. . The Property shall be sold, and good, marketable and insurable title thereto conveyyerl. The Property shall be sold and conveyed subject only to those matters desmW in the Title Commitment and the UCC search to which the Buyer has not timely objected as specified above. Such title matters are herein referred to as the `Temiitted Encumbrances ". Within frft ea (15) days prior to the date of Closure, Buyer may obtain a written endorsement ( the "Endorsement") to the Committnant. The Endorsement shall revise the effective-date of the Commitment to a date not earlier than fifteen (IS) days prIor to the date of Closing. If the Endorsement shows any new exceptions to title, Buyer shall havo until five days vrnenacsTJ Was ORIGINAL RECEIVED APR 02 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Exhibi 0. continued • 08124/2006 11:31 IFAX DANIELLEVANDEMDEUG.CDN } BECKY T6 005 /032 after receipt of said Endorsement to object thereto and in the Vmit of objection, the preceding Tama$ of dais Artiole 4.1 shall apply. 4.02 Affidavits. At Closing, Seller shall provide Buyer with an A1Tidavit of No Lien and such additiofial documentation as is required in such form reasonably acceptable to Bayer's counsel and as is necessary to enable the Title Insurance Company, issuing said Commitment to remove the meft ics lien exception thereto and all `standard exceptions'' and the "gap" in the Commitmem, the exception for panics in possession except for tenants under the Leases, which affidavit shall (i) run to the benefit of Buyer and said Title Insurance Company. (u-) be in form and content acceptable to Buyer and the Title Insurance Company and (h) contain without limitatioa the following, information: That there we no outstamding unrecorded contracts for sale, options, leases (other than those listed ou Exhibit "B" , attached hereto) (the `Leases°), or other arrang=wnts wits► respect to the sale of the Property to any person other than Buyer. That no construction or repairs have been made by Seller nor any work done to or on tha Property by Seller which have not been fully paid for, nor any contract entered into nor anything done the consequence of which would result in• ti lien or a claim of lien to be made against the Property pursuant to Chapter 713, Florida Statutes or otherwise. That tyre are no pasties in possession of ihe Property being conveyed other than Seller other titan ptusuaixt to the Leases. 4.03 &dorsetnents. Buyer, at Buyer's expanse, shall cause the Title Insurance Company to issue such endorsements t4 the Commitment and Policy which shall be required by either Buyer or Buyer's mortgagee. 4.04 Mortgagee's Policy. Buyer may cause the Title Insivanee Company to issue ai Buyes expense a title insurance policy in favor of Buyer's. mortgagee at simuhOwns issue, rates. Buyer shall provide the Title Iastrrenee C,ornpatry with tilt infDnnation to issuef sash mortgagee's title insurance policy. 5. CLO83NG i 5.01 Clog The Closing shall talcs place within forty five (45) days after the expiration of the Inspection Period, as defined in Section 13, subject to arty Other provision contained in this Agreement far the delay or postponement of Closuag. The enact tune and place for Closing shall be mutually agrted to by the parties, if no mutually agreeable time and place is set, the time for Closing shall be at noon on the last day tJxerafar in tine Office of the Escrow Agent. Seller shall convey fee simple title to the property by Warranty Deed (the MeW). At either party's election, the Closing may be conducted as a "Mail away" escrow closing with the items to be delivered by Seller and Buyer under this article being delivered by the parties on or before the Closing Date to the agent for the Title Duuranee Company as escrow agent to be held is escrow. 5.02 Closing Casts. wPSD= MM 5 ORIGINAL, RECHWID APR 0 2 2007 PLANNING ©EPARTIMEN1 CITY OF C<_EARWATF -r Exhibit continued 08124/2006 11:31 ZFAB DANIELLEVANDEMDEVE -COM BECKY FA 0081032 (1) Seller. Seller Shall pay Seller's attorney's fees, recordation fees for the w&=ty deed, the commission payable to Sherlar Khorsandian of Grubb -Ellis Commercial Plorida ( "Seller's commission') in an amount equal to NO ofthe Purchase Price and normal pro - ratable items to be prorated as of the date of closing as provided in Section 7 hereidbelow. Seller shall pay the cost of recording any corrective instruments. (2) Buyer; Buyer shall pay for the documentary stamp taxes and surtax due on the deed, the cost of the Commitment, the cost of the title insurance premium to issue the Policy, recording costs on the deed, and Stu* taxes and recording fees related to any notes, mortgages and financing statements regarding fivandno of the Purchase Price. Buyer shall also pay Buyer's owe attwmcy's fees, if any, and any and all other brokerage commissions or finder "s fees payable, or asaeated, arising out of this transaction ex000119 only flee Seller's commission, inehrding but not limited to those commissions due to LU Hansom at Grubb -Ellis Comm=W Florida OnkeM, pwrmarn to separate agreement between Buyer and broker. 5.03 Documents to be Ddivered by Seller at CIO& - At the time of Closing, the Seller shall execute and deliver or ewe to be delivered to Buyer executed originals of d1B following docu rents; (X) The Deed. A general warranty deed, executed by Seller, in recordable form, conveying fee simple title to the Property to Buyer, free and clear of all claims, liens and enoumbrances excepted for the Petmitted E xeoptions. (2) Brill of Sale. A quitclaim assignment and bill -of sale, w=uted by Seller, in reeordable form, assignin& conveft and wanuting to Buyer title to ail Personal Properly. on the Property, if any, f=ee and clear of all claims, Bens and eaaranbranom. (3) Assigrunent of Leases and Assumption Agre==L An aWgument, executed by 3ellm, in recordable %rm, assigning and conveying to Bayer the Lea= including the right to collect delinquent retus, together with an agreement by Seller to defend, indemnify and hold Buyer harmless from and against any and OR claims, damages, losses, costs and expenses ('including attorneys' fees at trial and appellate levels) arising out of or in connection with the Leases which relate to the peded of time prior to Closing, including; without llm lWon, oW= for ffie return of security deposits held under Leases which have not bean credited to- Buyer at Closing and claims for any Florida State sales tic due and payable in connection with fire Leases. The parties stipulate that huts paragraph, and any outer prevision of this Agreement shall have absolutely no effect upon a prior lease which Seller had with V&m ,DWc, or any other tenant who is no longer in possession of any portion of tin Property as of the Effective DW ("Previous Tenants "), and the Seller shall be entitled to seek and eollect delinquent rentals and other remedies against any such Previous Tenants and the prior leases and agreements between the Seller and any Previous Tenant s1W1 not be assigned to the Buyer nor shall the Buyer have or obtain any rights in any such leases or agreements. (4) A quitolaim assignment, executed by Seller, in recordable farm, assigning, conveying and warranting to Buyer title to the Service Contracts, any and all guarantees and warranties used or made in connection with the operation, construction, improvement, alteration or repair of the property, if any. {5j Keys to all locks located on the Property. ORIGINAL WPBE)= Un4o s G REOEIVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER • 0 Exhibit A continued 08/2$/2006 11:31 TFAX DANIELLEnTANDEUDEVB.CCH + BECKY 007/022 (ti) An affidavit, executed by Seller in recordable form, and certifying, if true, that there have been no labor, materials or improvements provided or furnished to the Property within the preceding ninety (90) days of Closing which have not been paid fvr in fufl and fhat no person or entity has a lien or right to lion the Pmpatty. The affidavit shall also state that„ except for tenants under Leases or month-to-month tenancies, Seller is in sole possession of the Property. (7) Letters executed. by Seller and its management agent addressed to tenants under Leases, in form and content provided by Buyer, notifying and directing payment of an re= and other sums due from tenants under Leases after the Closing dais: be made to Buyer or at its direction. (8) A rent roU, prepared as of the Closing date, certified to be true add oorred to the best lmowledge of the Seller in all respects trough the Closing date. Buyer w1mowledges that the Rent Roll will be prepared by Seller's managing agent for the Property, Gr iWPIW, and not by the Seller and that Seller has no reasonable way of auditing or invextigeiting, and has not anal win not independently investigate the accuracy of the Rent Roll. Nevertheless, tit Boller repramts to the Buyer that it has rw T"Son to suspect that the Rent Roll wM not be complete and accurate The rent roll shall include, without limitation, the rnonfhly rent due under each Lease, the amount of security deposit held under each Lease, the daft of expiration of each Lease (moluding, all options to renew the term of each Lease), the amount of any prepaid rent or ad= urges, AA= or not all payments due wader each Least havo been received by Seller to do. Seller's cmffio tton of the Rent Ralf will include a statement that to the bolt knowledge and belief of Seller there are no outstanding leases affecting tit Property other there as stated in the Rant ROIL (9) A closing statement, (14) To the extent in Seller's possession, all originals or captor of plans and specifications, permits, licensor, authorizations, sm vsys, drawings, engineaft and architectural data, gamadeas, warranties, oertificates of occupancy, real estate and personal property tax bills, Insurance PdlieW (if transferred to and assumed by Buyer), copies of any repmt or studies (including inspection reports of governmental authorities and insurance camersl Service Contracts, Leases, and any other matmi* in Sellers possession related to the purchase and sale hereunder, if any. (11) Any and all documents as may be reasonably roquestecl by the Title Company in order to issue the Policy to Buyer Tips dug Buyer's interest in the Property. (12) Any and all other d=unents as may be reasonably requested by Buyer in order to transfer title to any of the Property desctfbed in paragraph I of this Contract. (13) If Seller is not a "foreign person" as defined in Section 1445(f)(3) of the h ftrmal Revenue Code of 1954, as amended (tile "Code) and the rules and regulations potomulgated from time to time by the Intemal Revenue Service a `Soon foreign" affidavit, exevAW by Seller in recordable form, containing such information as is required under the Code and the rules and regulations thereto to evidence Seller's, status as such, wPisDOCS7=035 ORIGINAL, RECENE® APR 0 2 2007 PLANNING DEPARTMENT CITE' OF CLEARWATER Exhibit A continued 08/24/2066 11:31 IFAX DANIELLE @TANDENDEVB.CDM a BECKY � 008!432 (14) An affidavit, executed by Seller in recordable form, certifying that the representations and warranties set forth in paragraph 6 hereof remain true and ooarect as of the Closing Date, to the bast knowledge and belief of the Seller. (1:5) Tenant estoppel letters with respect to the Leases which rho Seller or its manager h$ve been able to accrue using their best eimrts. To the extant Seller is unable to obtain a tenant estoppel letter for a particular tenant, Seller shalt provide a Seller's Certificate to Buyer in a fonu reasonably acceptable to Buyer, The form Tensor Estoppel Letter and Seller's Certificate are attached hereto as Exhibit "D" and Exhibit "E", respectively. . . (16) Suer other documents as may be reasonably required to be executed and delivered to complete the u=action cou=plated hereunder. All docmnents must be in a form reasonably satis&GtorY to Bayer and Buyer's lush eonnseL Seller shall deliver copies of gal documents to be delivered by Seller at Closing to Buyer's attorney, if applicable, not less than tern (10) days prior to Closing. S. WARRANTTRS AND RRIMENTANIONS 6.01 Seller's 'Pi'sirranties. Seller hereby waoramt% tWasents and rovetnts (which waaanties, representations and covenants shall be effective as of the Bff=dve Date and at Closing), the following. (1) The Seller owns fee Eftgle legal and benafivial title to the Property.- free and clear of all lions and enownbraaoes, mortgages, =turRY agtem=% licenses, clatrns, options to punohase, liens, covenants, conditions, judgments, easements and other n=eas affecting title, exoept for the Peunitted Exceptions. (2) Seller has no. actual knowledge that there are special 11 sSOMeats against or relating th tim Pmperty. (3) 'Batt to Seller's best lmawladge, without independent ikon, no goods or servim have been contraoW for or fin* ed to the Property which ntig&t give irse to any mecban * liens affecting all or any part of the Property, that will not be paid at Closing. (4) That Seller has not wtmvd into WY ont mffing agreements of sale, options or otherri&l of third parties to acquire 211 interest in'thO Property. () That Seller has not entered into any agreements wbioh am. not of ramra with any state, county or local governmental authority Of agency with respect TO the WuPm y, other than those listed in Exhibit "B" — Leases or in Exhibit "C°- Service Agrosmeartt. (6) That to the Seller's best knowledge, without indepe.ndc= irtvestlgatlon, neafber the Property nor Seller is in violation of or subject to anY existing, pestling or investigation or inquiry by any governmental authority or agency, or any remedial or other obligations under any applicable laws, rules or regulations pertaining to health or the eavironmz#, malnding without I=rtr&on, the Federal Comprehensive Envrzornner W Response, Compensation and Liability Act of 1990 (°CERCLA% as emended f m time to lame, also known as "Superfmzd," the Federal Resource Conservation and Recovery Act of 1976 wrsooa 7U1 403 s 8 ORIGINAL RECEIVED APR 0 2 2007 PLANNING L)EEAR MENT CITY OF CLEARWATER 11 Exhibit A t0nfinued. 08/24/2008 11:32 IFAH DANIELLEVANDENDEVa. CH • 3 BECKY 009/032 ("RMA"), as amended from time to time, and the State of Florid* 1974 Resource Recovery and Management Act ( "RRMA "), as amended from time to time. Further, that there are no facts, conditions or circumstances known to Seller which could result in any such iavestiga #ion or injury if such facts, conditions and circumstances, if any, were folly disclosed to the applicable governmental authority. Further, that Seller has not obtained and is not required to obtain any petmirs, licenses, or similar authorizations to construct, occupy, operate or use any buildings, improvemetlts, fbaares or equipment in connection with the Property, or improvements constructed or to be constructed by reason of any environmental laws, rules or regulations, including Qhout limitation, CERCLA, RCRA, or RRMA. Further, that Seller has not, and no one to Sellets knowledge has, disposed of or released any oil, toxic substance, hazardous substance, solid waste, wastes, or other contaminants on the Property, and Seller agrees that Seller will not, in Seller's use of the Property, dispose of or release any oil, toxic substance, hazardous substanoe, solid waste, wastes, or any other contaminant on the Property (the terms "hazardous eabstence" and 'release" shall have the meanings specified in CERCLA, the terms ''solid waste' and "disposal," "dispose' or "disposed" shall have the meanings specified in RCRA, and the t&ms "wastes" and "contaminant" shall have the meanings specified in RRMA, except that if such acts are amended or other rules, regulations or statues are enacted to broa den the meanings thereof; The broader meaning shall apply to this ,Agreement). (7) That to the best of its lmowl edge, there arc no pending or threatened cond=nakon or similar proceedings affecting the Property. Seller shall notIfy Buyer in writing of any changes affecting this representation prior to the Closing. (8) That to the but of its knowledge, there are no violations of any law, statute, regulation, code or ordinance with respect to the Propmty. (9) That there is no litigation or administrative.proceeding pending and to Seller's best knowledge, there are no such litigation or proceedings fteatened which might affentthe Property. (10) Intsntiamally Omitted. (11) That to Seller's best knowledge, the present use, -occupancy and condition of the Property does not violate any applicable deed restrictions or ate, site Phm approvals or subdivision regulations applicable to the property. (12) ' That to Seller's best kmowledge, without independent investigation, the Property is not in violation of law or municipal ordinances or zotdng, building, fire, water, use, health, environna=tal or other statute, ordinance, oode or of federal, state, county on municipal or other govemmental agency regulations, orders or requirements relating to the Property and Seller has not received any notice of violation, and has no actual expectation that any such notice may or will be entered or delivered. (13) That to Seller's bast knowledge, without independent investig,Won, there is no action w proceedmg pending to revoke the present zoning for the Property, or governmental investigabotl pending which relates to the present zoning and, to the hest of Seller's lmowledge, there is no basis for any such action. Seiler will use its best efforts dwing the period prior to Closing to maintain the present zoning of the property. Seller has not received wraDOCS�2264035 9 ORIGINAL REHVED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Exhibit continued 08/24/2008 11:32 IFAX OANIELLEVAHUEtt0EMCON + BECKY f�010l032 any notice of change of zoning, and has no actual expeotation That any such notice may or will be enured or delivered. (14) Seller has the legal power and authority to own, to enter into this Contract and to convey the Property without the need for consent or joinder of any beneficiary or other person or entity. This Contract, upon execution by Seller, shall be binding upon Seller in all respects and constitute Seller's valid and enforceable obligations hereunder. Any instruments to be delivered by Seller to Buyer at Closing shall likewise be valid, binding and enforceable against Seller. t17 The execution and delivery of this Contract and the eanseanmation of the Umawtion contemplated hereby does not violate any trust agreement or other agreernant or Instrument to wMoh Seller is a party, or which encumbers the Property and does not violate provision of law or any applicable judgment; order or deoree of any coat or govemmmusl agency having jurisdiction over Seller or the Property, or which map constitute (with notice and/or lapse oftime) a default under any agreement or ins= =t to which Seller or the Property is bound. (16) Except as provided in the zotfikg for the Property gad all related, xWes, ordinances, statutes, regulations, orders and the Permitted Exceptions, Seller has no actual knowledge of any resWetions, prohibitions or conditions whidt would limit vehicular and pedest rust ingress to and egress from the Property. (17) Seller has not received tiotice, not does Seller have any knowledge, of any default or breach by Seller of any covenant, condition, restriction, right of way or easement affecting the Property. 7. PRORA-'1'IONS The following reimbtumemeats, appmdogmeats and adjustments with respect W the Property shall be made ett the time of the Closmg as ofthe Closing data. Seller shall be entitled to all income from the property attributable to the operation thereof prior to, but not on or after, the Closing date, and sh U bear all expenses attributable to the Property prior to the Closing date, and Buyer shall be entitled to* 91 such income and shall bear said expenses on and after' the Closing Date. (1) Real estate and personal property tares, rent, insurance, amounts payable to employers, agents, independent contractors or under Service Conuuts, water, sewer, electric gns, telephone and other utility charges (to the extent practicable) special assessrue %'escrow deposits thereunder and other expenses and*mvenuw of fire Property shall be prorated as of the data of Closing. F I.C.A., employee benefits (such as vacation or sick pay) and employee taxes relating to the period prior to Closing shall be, paid by Seller exeIusively at or prior to Closing and Seller sM, provide evidence of such payments. All reimbursements, apportionments and adjustments shall be based upon a 365 day year. If the Closing date shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the next preceding year applied to tho latest assessed evaluation. The patties agree that in the event there is a difference of 10% or morn between the actual tax amoutut and the amount upon wbioh the oranges =94M 3 11) ORIGINAL RECLEWD APR 02 2007 PLANNING DEPARTMENT C{TY OF CLEARWATER • • Exhibit A continued 0@12+112605 11:32 IFAK DANIELLEVANDENDEU6.CDR i BECK%' 1� 0111032 pro -radon was based, then and upon receipt of the actual tax bill, real estate taxes shall be re- prorated and readjusted within ten (la) business days after a written .request from the paty seeking readjustment, - (2) Rents and other charges due under Leases which are not current at Closing shall not be prorated. After Closing, Seller shall not be permitted to take any action against auy tenant, except the previous Tenants, owing delinquent rent, to collect delinquent rents or other sums owed to it, After Closing, amounts received by Buyer from any tenants who were delinquent in payments to Seller as of the Effective Date, including the Previous Tenants, shall be immediately paid by Buyer to Seller. The provisions of this paragraph shall survive Closing. (3) Seller shall credit Buyer the amount of all prepaid rent for any month after the month in which to Closing occurs, (4) Seller shall credit ;to Buyer all sums paid by tenants under the Leases as seomity deposits which are still being held by Seller's Agent in escrow, unless the tenants are in default as of the closing date to the extent provided for in Lease and under law, in which event the security deposits shall be retained by Seller up to the amount of monies owed to the Seller as of Closing. Any excess shall be credited to the Buyer. ($) Sener and Buyer shall prorate any other a=mt or credits due tenants under any lease. (6) Commissions of leasing and rental agents for. any Lease 'entered into before the Closing shall be paid exclusively by Seller at or prior to Closing. S. ASSES NTS Cegtlfted, confirmed and ratified special assessment liens as of the date of Closing shall be paid by Seft. Pending liens as of the date of Closing shall be assumed by Buyer, provided, however, that where the improvements have been substantially oomplated as of the date of! Closing, such pending liens shall be deemed cerd114. cotifirtmed and ratified and salter, at: Closing, shall be charged an autount equal to ft amount ofsueh assessment. 9. SURVPy i Seller, within 7 days from the Effective Date of this Agreenen% shall deliver to Buyer copies of all existing "as built" smvoys relating to the Property in Seller's possession of conirol, if any, ("Prior Survey"), Buyer, at Buyer's expense, may have the Prior Swtvey updeod or may obtain its own surrey (the "Buyer's Survey', in a f?orm'acceptable to.ttte Buyer. If Buya does not leave the Prior Survey wpdated and the Buyer does not obtain its own survey, the Boyar shall bave no right to object to any condittons of title that would have been disclosed by an aocumte survey of the Property. If the prior Survey or Buyer's Survey discloses ate enmwohrne4 setback violadon, or any other state of facts which would necessitate an exception in the Polley, such matters shall be deemed title defects to be cured in rite manner and by the dates desca'bod in Article 4 above. 10. SELLER'S COOPERATION; PLANS, TECBMCAL DATA, LEASES WFanocs7?2 03. 11 ORIGINAL iREMD AP'R 0 2 2007 PLAIINNNG NPARTIMENT CITE' OF CLEARWATER Exhibit A continued 06124/2006 11:32•IFAX DANIELLE @7ANDEUDEV8.CDN + BECKY 1a012/032 An CONTRACTS 10.01 CootyeratiOn. Provided that there is no cost or liability to Seller (other than copy costs), Seller agrees that Seller or Seller's authorized agents or attorneys, will, within 14 days after the Effective Date, deliver to Buyer copies of all Leases, Service Agreements, evgineetiug plans and technical. data including but not limited to al! sewer. wafer, grading, drainage and paving p1m, surveys and all letters, applications, permits or licenses from applicable governmental agencies prepared by or for, or in the possession, custody or control of Seller, pertaining to development and use of the Property, if any. The parties agree that this obligation shall cease as of the fourteenth day aftr the Lffwdve Date, and if Buyer deans the supply of information insufficient of deiioient or defeotive in any respect, Buyer's solo and exciusiv@ remedy, which must be exercised plot to the expiratim of the fourteenth day following the Effective Date, shall be to terminate this Agreement and receive a refund of the Deposits therewfore paid. If the Buyer does not elect to terminate the Agreement as aforesaid, the Buy= shall be conclusively deemed to have waived any defret or noncompliance by the Seller of the temns and provisions of this Paragraph. 70.02 Land Use Approvals. Seller acknowledges and agrees that Buyer may seek land use approvals (" Approvals") from all applicable governmental agencies for Buyer's Intended Use of the Property prior to Closing. Seller shall fully cooperate with Buyer in obtaining said Approvals, Wudittg, but not limited to, executing any and all applications and govermnenW rcquest in obtaining any and all licenses, m Ahorizations or other govemmentral approvals. Buyer shall deliver to Seller copies of all eaaespondenoe, materials, epplicaiions, and supplemental materials relating to the Approvals, Buyer shall also provide Seller with copies of all communications from applicable governmental and oddes, Muding requests for additiaial information and matndals and notices of hearings. Sellers obligation to cooperate as to the Approvals shall mot require Seiler to assume any liabMty or financial abligaion or to incur any costs or expenses in doing so. IL EMIMEIQ'f ]DOMAIN 1� prior to the Closing date, any or all of the Property shall be cmdertmed or taken by any governmental or quasi- governmental authority under its power of eminent domain or if pmocedings for such condemnation or taking shall be commenced, the Buyer, at Buyer's option, to be exercised by written notice within 20 days of Buyer receiviAg. written. notice of such condemnation, may either cancel this Agreement and receive the retum of the Eameat Money Deposit, or agree to close this transaction in which event the Seller shall assign sit awards from the eminent domain proceedings or settlements to the Buyer. M ACCESS TO PROPER.TX 12.01 Rig At of Eetr�. The Seller hereby grants to the Buyer and >3uyer's agents, servants, employees, contractors and representatives, from and after the- Effective Date through ClosiM a rigtrt of entry upon the Property for the purpose of meking surveys, engine esiztg, surface and subsurface soils tests and analysis inspections and tests of ar PwWniug to the dovdlopment and any and all other use of the Pmperty, Buyer shall indemzrify, defend and hold Seller harmless fiom and against any costs, damages, claims or liability as a result of or arising out of such activities. In the event this transaction fails to close. Buyer shall restore 1he propm ty to the same condition, wear mid tear excepted, as existing on the date of this Agree mmt. waatbas m&aor s 12 ORIGINAL APR 02 2007 CITY OF CLEAt2WATER • • Exhibit A continued 02/24/2008 11:32 !FAX OANIELLE @TAilDEMBEV8.COM BECKY X013/032 12.02 Possession. With the exception of those in possession pursuant to the Leases. Seller shall deliver sole and exclusive possession of the Property to Buyer as of the date of Closing. 13. PPLOPERTY INSPECTION/LEASES 13,01 Inspection Period .Por and in consideration of the sum of and other good and valuable consideration, the receipt slid Sufficiency of which are hereby; aeknovdedged, Seller hereby agrees that Buyer shall have Seventy -five (75) days after the. Effective Date (the "Inspection Period") to conduct a complete inspection of the Property and: conduct or make such engineering, surface and subsurface soils and all other inspections, tests, surveys or studies, of or pertaining to the development, the construction or vse of the Property„ including, but trot limited to, (i) the improvements contained on the Property have been; constructed in accordance with all governmental requiromexds and in accordance with the plans and specifications therefor; Q the improvements have been comstruoted in a good and workmanly& fashion and are structurally sound; (iii) the roofs upon said improvements are free from leaks and damage; (iv) there is no termite infestation or damage; (v) all electrical, mechanical, plumbing air conditioning and heating systems (including those serving individual apartments and applian= therein) are in good order, properly installed and constructed and arc adequate to scree the Property and the improvements theteirr; (vi) marlcet stuedies of the Property iudicate that same may be used ia the manner in which Buyer intends and obWnin & Approvals I for Buyer's Intended. Use; (vu the soil condition of the Property ; (viii) eavirotunental actin or other evaluation; and (ix) such other matters as Buyer may elect, including an examination of all licenses, permits, approvals, sewer services, water seances, commif=ertts for utilities, IMP90t fees and sssessruet b, moratoriums, laws, ordinances, zoning pokey changes, tax credit approvals and any and all additional studies or tests deeaned necesary by Buyer. Iu the event the Buyer detemuines in its sole and absolute discretion that the Property Is not suitable for Buyer use, the Buyer may cancel and terminate this Agreement fear any reason whatsocvei by notifying the 'i Seller by 5:00 p.m, on the last day of the Inspection Period and, thereafter, obtain immediate I return of the Earnest Money Dgx=t_ Notwathstancling the above, Buyer Up= that Buyer shall do nothing which will impose a tinm d obligation upba Seller or otherwise materially change, modify, alter, reduce or enlarge any righi or obligation rattrdng to the Property which would be binding upon Seller. in the event Buyer falls to close upon the Property_ Within 7 nays of TernYi ania , -Buyer she]] deliver to Seller copies of all boundary surveys and enviro==tal assessments c onmmiag the Property which, during the Inspection Period, have been: (1) paid by and (n) prepared for Tandem Development Group, LLG Notwithstanding the foregoing, BUM i shall not be obligated- to deliver to Seller any reports, surveys, analysis, market studies, envizomnentsl assessments or any other reports or studies oonceming the: Property that were] provided to or generated for the benefit of Wal mart or Kimao Realty or their affiliates: or employees, agents and independent contractors of the foregoing. Tbas provision shall survive the jTermination, and the failure of the Buyer to comply with fire document delivery requirement shall entitle the Seller to seek a judgment for damages for the Buyer's default in the amount of i Plus interest, fees and costs; the parties stipulating that the actual damages which Seller will s%Ta if the Buyer defaults in this covenant are beyond reasonable calculation at this time and the parties have liquidated any such damages in the amount of Upon such I refund ofthe Earnest Money Deposit, this Contract shall terminate and no party hereto shall have any further rights or obligations hereunder. wPeoocs rlascm s 13 ORIGINAL Ec�I�i[I APR 02 2007 PL4NNii G DiPAR MENT CITY OF CLEARWATER Exhibit -continued 08/2412006 11:32 IFAK DANIELLE @TANDEMBEVG.CON 0 + BECKY IM 014/032 During the Inspection Period, Buyer shall have the right to freely confer with Seller's employees, agents and independent contractors for purposes of determining the mattars described herein, so long as same shall not unreamonably interfere with their duties to Seller or the Property, Seller will instruct its employees, agents and independent contractors to assist Buyer in Buyor's inspections, Buyer stipulates and agrees that no such person is authorized to speak on behalf of the Seller or to make any representation or wstranty whatsoever eonc mrbg MW subject that would be binding upon the Seller, and that no information received. by Buyer froth any such person shall be relied upon by the Buyer for any reason whatsoever, nor shall same constitute an express or implied representation or warranty of Seller. Buyer also stipulates that other than the express representations and warranties sat forth herein, Seller is making absolutely no representations or warranties to the Buyer of any kind whatsoever and that the Buyer is Purchasing the Property "AS -IS, WIMMIS, WrM ALL FAULTS", and to the extent legally possible the Buyer hereby expressly releases the Seller from any obligation which might be imposed by law to disclose to the Buyer and knowledge the Seller may possess concerning the Property and that the rule of Caveat Emptor" shall apply to flan won. 13.02 Leases and. Service Ageemcats, From and after the Effective Date hereof and for so long as Buyer is not in dafk4t hereof and while this contract is valid and enforceable, Seller agrees -nut to enter into any new leases or service agreements, nor shall Seller renew, oftrid or in any way revise the Leases or Service Agreetneats, without prior written approval from Buyer, which Buyer may withhold in its sole discmdon. During the Inspection Period, Seller shall cooperate with the Buyer in its efforts to obtain written ostoppcl certificxates, in form reasonably aweptable to Buyer, from the cimtrit Rents of rho existing shopping center. The Buyer aolmowled m however that Seller does not represent, warrant or covenant that estoppel certificates from all, or any, tenarns will be obtained and the fa4ltxre to secure any such certificates shall not be deemed as a failure of any condition precedent to this Agreement or a breach hereof 13-03 Other Covenants. Seller covenants and agrees that, pending the Closing, Salkz shati and will (1) Maintain the Propmiy in substantially the same candition upon which it exists on the date of this Contract, reasonable wear and tear excepted, free and clear of all liens, (2) Not, without the prior written consent of Bayer, which consent shall not be i mr asoliably withheld, conditioned or dehiyed, dispose of any property of Seller situate on the Pmparty, or allow tine some to be removed front the property, except when necessary in the ordhwy course of business to repair or waintain the same. (3) Permit the Buyer to meet and'eommunicate with tenants of the Property concerning the Leases, Lease matters and the Property, (4) Not permit any part of the Property or any interest therein will be alienated, liened, enciimbwed or otherwise mransfchred or hypothecated. (5) Not permit any part of the Property to be used fOf the storitge, generation, release, treabwz% discharge, emission, handling, transportation or disposal of Toxic Matmials. Seller shall comply with all Environmental Laws and provide to Buyer copies of any complaint, 'WPBD= 72M40 S 14 .RIGA` & RERED APR 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARW ATER • Exhibit continued 0 08/24/2006 11:82 IFA9 BANIELLUTANDEUDfiUG.DOM a BECKY 015/092 order, citation or notice rclating to Toxic Materials or Environmental Laws. Seller shall also permit Buyer or its representatives reasonable access to the Property for inspection of the foregoing. 13.04 C,aitions Precedent. Notwithstanding anything to the contrary hwah Buyer`s obligation to olosc this transaction is conditioned specifically apan the fulfillment of the following conditions precedent: (1) Sella shall have, and shall convey m Buyer, good and nuwketable title to the Property, free and altar of all liens and eneumbrenoes except for the permitted Exceptions. Title to the Property shall be insurable at regular rates by a title insurance Company duly 11M sed to practice in the county in which the property b located. (2) There shall be no sidt, action, proceeding or investigadon pendhig, at law or in equity, before any federal or state court or any govemmeatal department, cammission, board, bureau or itmtrnnaentality against Seller which woWd affect Seller's ability to transfer title to the Property to Buyer or which might constitute or become a lien and encumbrance upon the Property or say portion thereof, (3) Thane sball be no violation of any agreement, covenant or restriction af%oting title 'to the Property or any portion fizereoi which would affect Seller's ability to transfer ft to the Property to Bq= or which might coDsdWe or beramc alien and encumbnmoe upon the Property or any portion thereof (4) Seller shall have complied with all covenants to be performed by Seller hereunder and the representations and warranties of Seller set forth Section 6.01, sab ons (1), (4), (5),(9),(14) and (15) all shall be trw and correct as of the dosing Date. (sj There has been no discharge of toxic materials to ffic Property since the environmental audit (if any). (6) In the evert any of the foregoing conditions precedent are not fittfilletl, Buyer shall, in addition to any outer rights and remedies, have the option off, 0 waiving the condition and closing without reduction in the Ptuehsse Price; (d) extending the Closing for a period not to exceed thirty (3 0) days, during which time Seller shall have the obligation to fulfill such condition; or (ih' canceling this Contract by -mitten, notice to Seller, in which event atl earnest money deposits made Y mender shall be returned to Buyer. together with all interest earned dwmn, whereupon the pantos shall be relieved from su further obligations hezvnnder, except to the extent that Seller is in defaalt under the torts of this Agreeusent and to the WM t of any provisions hereof which survive any Termination hereof, 14. . REMEDIES 14.01 pefault. In the event of a material default by the Seller, the Buyer shall have the right at law or equity, in addition to any other rights and remedies of Buyer hereunder, to=(i) seek and obtain specific performance of this Contract; or (ii) receive the return of all earnest money deposits together with interest thereon, and to seek damages resultnrg from Seller's breach. In the event that Buyer fails to close this transaction for any reason other than Buyer's termination hereof prior to &e expiration of the Inspeatlon Period or Seller's material default, U Seller shall WISDOM nsaaro s 15 ,ORIGINAL RE0..9VED APR 0 2 2007 Pi ANNiNG DEPARTMENT CITY OF CLEARWATER Exhibit 14 continued 68/24/2008 11:33 IFAM DANIELLEVANDERDEVe. CON 9 2 3 BECKY 12 016/032 have, as Seller's sole and exclusive remedy, the right to retain the Earnest Money Deposit xs liquidated. damages. The Buyer and Seller hereby acknowledge that it is impossible to more precisely estimate the damages to be suffered by Seller upon Buyer's default and the parties expressly acknowledge that retention of the Earnest Money Deposit is intended not as a penalty but as hilly liquidated damages. Seller's right to retain the Earnest Money Deposit as full liquidated damages is Sellers sole end exclusive remedy in the event of a default hereunder by Buyer and in consideration of Seller's retention of the Earnest Money Deposit, Seller hereby waives and releases any right, and hereby covenards that Seller shall not sue Buyer (a) for specific performance of this Agreement or (b) to prove that Seller's actual damages exceed the Earnest Money Deposit. 15. Rlsk of Loss. IF TEE IMPROVEMENTS PRESENTLY CONTAINED TN THE PROPERTY ARE DAMAGED BY TIRE OR OTHER CASUALTY PRIOR TO CLOS1<riTGG BUT CAN BE RESTORED TO SUBSTANTIALLY THE SAME CONDITION AS NOW WITHIN A PIG;RIOD OF SIXTY (60) DAYS THWAMR, SELLER SHALL HAVE THE OPTION, AT ITS SOLE DISCRETION, TO RESTORE SAID IMPROVEMENTS AND THE CLOSING DATE SHALT. BE ERTENDED ACCORDINGLY. IF SELL KR DECLINES TO RESTORE THE PROPERTY BUYER ST AU HAVE TBE.OMON OF, (11) TAEM14G THE PROPERTY AS IS TOGETHER WITH ALL INSURANCE. PPOC ZDS PAID FOR PHYSICAL DAMAGE TO TIM IMPROVIMNTS OR THE TANGIBLE PERSONAL ?AOPERTY WHICH COMPRISE THE PROPERTY; OR (U) CANCELING THIS AGGPXEMENT, IN WH(CH EVENT AIL EARNEST MONEY DEPOSITS SEALL BE F'ORTEMYT S RETURNED TO BUYER TOGETHER WITg INTEREST AND ALL PARTIES SHALL BE RF,Y YASED FROM AIL MTHER OBLIGATIONS AND LIABILITY HEREUNDER. 16. ESCROW AGENT 16.41 Duties, It is agreed that the duties of the Escrow Agent are enly such as are specifically provided herein being purely ministerial in mare, and that tho E=ow Agent shall inam no liability whatsoever except for wMU misconduct or gross negAgencGo so Iong as the Escrow Agent has acted in good faith The Seller and Buyer release Escrow Agent from amy act done or omitted to be done by tile, Escrow Agent in good filth_ in the perfotmianae of the Escrow Agerrt's duties hereunder. 16.02 LeAF Lmibllittes. The Escrow Agent shall be under no responsibility in mq)o t to the Earnest Momy Deposit other than faithRilly to follow the instructions herein contained. The E=,ow Agent may advise with counsel and shall be fully protected in any actions taken in good faith, in, a=rdance wifh such advice. 11m Escrow Agent shall not be required to defend any legal proceedings which may be instituted against the Escrow Agent in respect to the subject matter of these instructions unless requested to do so by Seller and Buyer and is indemal file to to satisfaction of the Escrow Agent against the cost and expense of such defense. The Esorow Agent sball not be required to institute to legal proceedings of any kind; the Escrow Agent small lrave no responsibility for the genulmness or validity of any document or other item deposited with the Fmrow Agent, and sball be fully protected in acting in areordaace with any written instructions given to the Escrow Agent hereunder and believed by the Escrow Agent to have been signed by the proper parties, - ORIGINAL W.800cs MUM s 16 RE 1� -,NE ' AN 02 2007 i3LAi>INNG NEPAWNENT CITY OF CLEARWATER Exhibit CGa11it,1t 08/24/2006 11:53 IFAX DANIEL LEVANDENDEVQ.CDN i BECKY Fg 017/032 16.03 Sole Liability. The Escrow Agent assumes no liability wader this /kgt' nmt except that of a stake holder. If there is any dispute as to whether the Escrow Agent is obligated to deliver the Earn= Money Deposit, or as to whom that Earnest Money Deposit is to be delivered, the Bsorow Agent will not be obligated to make any delivery thereof, but in such event may hold the Earnest Money Deposit until receipt by the Escrow Agent of any authorization in writing signed by all of the persons having an interest in such dispute, directing the disposition thereot; or In the absence of such authorization, the Escrow Agent may hold the Earnest Money Deposlt until the final determination of the rights of the parties in an appropriate proceeding. If such written authorization is not given, or proceedings for such determination are not begun and diligently continued, the Escrow Agent may, but is not required to, bring an appropriate action or proceeding for leave to deposit the Earnest Money Deposit into the Registry of Court pending suer determination. In making delivery of the Earnest Money Deposit in the manner provided for in this Agreement, the Escrow Agent shah have no further liability in the matter. 16.04 C=matlou of Deposit. The Escrow Agent will execute this Agreement at the bottom hemf for the sole purpose of confirming that the Escrow Agent is holditg and/or will hold (upon Buyer's deposit) the Earnest Money Deposit in escrow pursuant to the provisions of This Agreement if in the form of cash, the Earnest Money Deposit shall be deposited in an interest being eacoutu with interest accruing to the Buyer, unless the Seiler shall be eintitled to retain the Earnest Money Deposit purmara to the terms of this Agreement; iu, which cages, the interest shall accrue, to the Seller. 17. WCELLA.NDOUS 17.01 Notices. Any notice required or permitted to be given hereunder shall be sufficierat in writing and sent by registered or certified mail, postage. prepaid, or sent by expedited courier service, or recognized overnight delivery service, or via teleeopy, to ttte party being given such notice at tite address and telecopy number &m-efore given herein or at such other address as to which notice is given in accordance with the provisions of ttns paragraph. A copy of gmy notice to Bailer shall afro be given to Giorgi L. Hayes, Esquire, 4701 Central Ave, Suite A. St Petersburg, )dada 33713, telroopy no. 727- 381 -9025, Attorney for Seller. A copy of any notice to Buyer shall also be given to Marshall J. Emas Esquire, Sinus & Bowen LLP, 200 East Broward Boulevard, Suito 2100, Ft Lauderdale, Florida 33301, telecopy no. 954-524 - 5506, Attorney for Buyer. Seller's telecopy nurnber is c% George L. Hayes, Esquire,, telecopy no. 727 -381 -9025. 17,02 Entire AgrreemenL TI& Agreement is ft ensue agreement of the parties with regard to the transition dealt with herein. 29.03 Assisument Buyer may not assign: this Agreement without the Seller's prior, written: consent, which consent shall not be umftsmdbly wifhheld, conditioned or delayed. Notwithstanding the fragoin& Buyer will harm the right to assign this Agreement to Wal-Mart and/or T4mco Realty, or their affiflates, without Sener's consent. If Buyer assigns this Agreement pursuant to this. parngmph 17.03, the Buyer shall be released of any liabilities hereunder by virtue of any such assignment 17.04 Time is of the Essence. The parties ardmowledge that time is of the essence for each time and date specidioally set forth in this Agreement. I7 wPeooas 7xxse03 s RE(,",=gFD APR 0 2 2007. PLA' 44 NG DEPARTMENT CITY OF CLEARWATER Exhibit l- continued- -- 08/24/2008 11:33 IFAH DANIELLEVANDENDEVB M +BECKY 181682 17,05 Modifio 'o . The parties acknowledge that this agreement sets forth the entire understanding between the parties and that this Agreement may be modified or amended only by a written instnm caa signed by all parties. 17.06 Attorney's Fees, In the event of any litigation between the parties arising out of this Agreement or the collection of any funds due tho Buyer or the Seller pursuant to this Agreement, the prevailing party shall be untitled to recover all costs incurred, such costs to include without limitation reasonable attorneys fees and paraprofessional fees, also including a tornws fees on appeal and in any bankruptoy proceedings. 17.07 Waiver. No waiver hwxmder of any condition or breach shall be deemed to be a continuing waiver or a waiver of any subsequent bmo'h. 17.09 R'eadmgs. Headings used herein are for convenience only and do riot constitute a sabstxdvc part of this Agreement. 17.09 Chaffee of T.,aw. This Agreement shall be governed by the laws of the State of Florida. 17.10 Extension of Time Perlads, in the event that the last day of any period of time specsfied in this Agreement shall fall on a wookend or legal holiday, such period of time shall be ex=ded fl mngh the and of the next businesa day. 17.11 Brekm. Neither Buyer nor Salter has uMzed tht services of any real estate broker other then Lil Hanson of Grubb Ellis - Commercial Florida Wbo will ba paid a commission: by the Buyer pursuant to a separate agreeraeut between the buyer and the broker and Sheri v Khorsaudian of Grubb-Ellis Commarcisl Florida who shall be paid a commission of 2% percent of the Purchase Price. by the Seller. Buyer hereby covenants to indemniri y muff hold Seller harmless from tho clai% of any broker claiming a commission or fee through Buyer regarding this transaction. Seller hereby covenants to fudenmify and hold Buyer harmless from the alarm of any broker claiming a. commission or fee through seller risgatdmg this transaction. 17.12 Radon Disclosure Radon Gas is a nattu [Iy aoMtdug i8tl OOm ve gas that, when it has nail W tad in a building in sufficient Quantities, may present health risks to persons whoa are exposed to it over time. 17.13 Like Kind Exehwn, Either Seller or Buyer may consummate the sale of tin Property as part of a so -called like m�ohange (the - Pxcbangel Under Seeti u 1011 of the Internal Revenue Code of 1986, as arawded, and the regulations prorvatated tinder such section (collectively, the "Code'). The exchanging party may assign its rights, but not delegate its obligations; under the Contract to a "Qualified Intermediary" as that terns is defined in the Code, on or before the Closing Date. 'The nom- mmhanging party shall exec = such documents and take such actions as may be reasonably. required to effectuate the Exchange; provided flat: () the Closing shall not be delayed or affected by reason of the Exchange nor shall the consummarl4n or u=omplishmont of the Fxchange be a condition ptooedent or condition subsequent to either party's obligations under the Contract; tiff) neither party shall be required to acquire or hold title to any zeal property for purposes of tonal rampfi g the Exchange; (iii) the non - exchanging parts' shall not incur any liability or expense whatsoever as to the Exd=ge; and &) the exchanging party shall forever indemnify, defend, and hold harmless the non - exchanging patty from and urnanocs maaat s is ORIGINAL RF CE. WD APR 02 2007 CITY OF CLEF RATER I Exhibit continued 08/24/2008 11:33 IFAX DANIELLEVANDEMOEUH.COM +.BECKY FM 018/032 • ' OSfF4 /68 1Q:16 FA.� _ �Oab to any real property for purposes of coaetunmaiing the B%Cbange; P) the non -c ngi PmtY shall not incur any liability Or expense wbaisa94el ZZ to the EXCh % arid- (IV) the W AMUft party shall forem indemtrify, defextd, and hold harmless the non�g party from and against any loss, cost, liability, datuaga, or (inoludkS reaa°n ble attoracyle fees end court costs) incurred by tfte non- axdhangb4 gayly is =Y manner related to the Sxci>=ge. The non- excbmo* party shall not by d& provisiM or acqui=== to the �. (a) have its lights uadar the Contract affected of dhanw� in my mamia, or tb) be mponsihle fm complianco with or be deemed to harm w&rYtntcd to the exchanging Party that flit Pxbnigg in fact complies with the Code. IN WITNESS 'WHEREOF, the perfias have hemanto sat iheir haada a and seals the day and Year first above writteM Signed, sealed end delivered is our presence: WITNESS: t ' Print Name: . Print Name: WPODOCS =0403 5 THE biopM AN COMPANY, a Florida oorpat�uti --one� Print N'a sa ,•- Date: C -- E11Y47 ±iii TANDwDEVELOPMBNT GROUP LW, -a Fjoride lirmted habiility oomsny .��"•.�- it;:-- D tip J - 10 "ESCROW AGENT" By , �sgnirt Dates. 19 • ORIGINAL APR 02 2007 PLANNING DEPAr2ili ENT, CITY OF CLEARNG4i'ER • Exhibit continued t - a6/24/2008 11:38 IFAX DANIELLEOTANDEHDEVO.CDN 1 t • + BECKY Q 020/032 KxMIT "A" LECYAL DESCRIPTION . . To be attaohed. AH Eshfbit to be added to the eontraet ineiading the Seller Deliverables set forth below. ORIGINAi, WPHD=722MW 20 " APR 0 2 2007 PLANNING DDRARIIIAENI CITY OF Ca Et PWATEP' Exhibit continuer 0. ! 08/24/20b.8 11:33 IFAX DANIELLEDTANDEMDEVE.COM ; BECKY Q 021/082 Oa/24/06 10:16 k+AS QD04 FuXMIT -k- UPI peserlption peredl 1tA tract of laodin the Nit 114 0f the Southwest i/4 of Scoaot' Z Township 29 Swath, Range 15 Bast, boated pinellw County, F►loada, and fusthef described a$ follows: TONMft 29 B eeem at the Sauthwast ooraer of the Northeast 114 of ilia Southwest 4a4acrelia►e Q UO feet s� South, Rage 15Ew4 andran tbmceNo thNrOT41^�'estalan$ SoUtll &9'2615" But along aline 3000 fedNorrh andpacallel to the 40 aline, 50.00 feet; thence North 00'07'41° West along aline 50,00 feet mut of and paxsllel to the 40 acne Brie 150.00 fcdfor a point of Beginning; thence continue North 00'0741" West along said line 116.11 feet; thence South 89'27'5811P.as4150.00feet; theata0Nortb 00`0741" West, 150.00 €yet: thanteNm%h 89'27`58" West, 150.00 feet thence North 00'0741" West. 32.19 feet; thence South 89'27158" Flaa,.150 -DO feet theuceNorthDO 'OT41 "Woatwspointonthetenacrea %185.00 fret; HenceSotath89'27 8" East along the ton acre line, 465.90 feet to the West line of Suban'a Sub., as retarded in Plat Book 40, Pap 32, barite Public Records- 0 Pinellas County, Florida; titazice South QO'07'25" East slang the West line of said Subae s Sub., 633.61 feet to apoint 30.00 featNotth of the 40 sate line; thenm North 89'26'15" West along aline 30.00 feetNorth of and parallel to the 40 acre Hna, 465.85 feet; theme North 00107141" Wast,150.00 feat; thence North 89'26'15" West, 150,00 fact to ilia Pdlat of BGgiD]>iag. Parcel 2: Commence at the Northwest corner of the Northeast 114 of the Souffiwest 1/4 of Section 2, Township 29 South. Range 1$ But pb=Uas County. Florida; tbcj= South 0'0741" Bast. slang ttte West boundary of said Northeast 114, .4 distancx of $82.10 feet; tbemaa. $0t4b $9'2758" East, parallel withfe North boundary ofthe Southw4at 1/4 of aaidNartheast 114, a distauceof$0,00 feet to t3tepoi of of Beg�i hW., saidpoimbeing an the Eeatxlght-of -way Jim of Highland Avenue; thence continue South 89'27"5 S ".Eastparailel with oddNorthbotmdary,150DO feet; 0=W0 South 0'07141" Ease, parallel with sddWestboimdary,150.00hee thM= North89'2758°WcotpaWlel with saad North bo=&*,150.00 fcot to a point = Wd But tight-of-way line; thence North 4'037'41" West, along said rigbt•of -way line 50.00 feet from and parallel with said West boundary, a distm= of 150.00 feet to the Point of Beginning and LESS road right -of -way. . ORIGINAL RECEDED APR 0 2 2007 PLMNiNG, DEPARTMENT CITY OF CLEARWATER Exhi DltA_ continued 08/24/2008 11:33 IFAH DANIELLEVANDEMDEV8.CON b BECKY EXHIBIT 'B" LEASES 21 @0221032 ORIGINAL RECUM APR 0 2 2907 P"Ni` G DEPARTMENT CITY OF CLEARWATER N M 0 � la m O N M 20 MpLL=dBq m>,9bQwiWc4dw JW S 420/ROARAN W LULU m t � N LU dd (7) C) �� ca ?����L�a��S������i- 7iC1 �1�S` ii���C�' Ta. '.:.tlru�lo7 a W 0 Lu W x �.a 1fV ���: ^..i�3�[�7T.7 W J J W /�c:�J �• ao A X LL - �Si�� n. �. r� � co a c3 ^� co o N � �tl vy PI A 0 MpLL=dBq m>,9bQwiWc4dw JW S 420/ROARAN Ci7v�0 not sa1dA�►� lS�bd lwaadMJv Grmdr I LULU Q N LU (7) C) t ��IZ: P_ 7L77, �i��: 7�::^ ?����L�a��S������i- 7iC1 �1�S` ii���C�' Ta. '.:.tlru�lo7 ••�.��- `:�!?S'RitiL. }:��R. ���: ^..i�3�[�7T.7 ':.Lv.t���T: [':- t'�C�C7:� /�c:�J �• ao >�;•.�! �C�S✓� �Si�� n. �. �^ MEN Ci7v�0 not sa1dA�►� lS�bd lwaadMJv Grmdr I LULU Q N LU (7) C) CL m A-+ C � C X O � O i N m O \ m V O N � :I- 14 v w m t C6 0 s w a x a I-- LL, W J W H z <c 0 xc �a ro i ' r 4 co a O S A ` N � N h N n m � O LLn C"w !ph*429 9 G�oRleaAadBdlpbF�q FM�4� °*�'i'�tl1Q!►+Ila�u�fmk�/Lda� i LU� r, L LJ o CV A uj cic I f i • s Exhibit g continued 08/2A/2d06 11:33 IFAX DANIELLRTANDEMDEV6.DDA BECKY SERVICE CONTRAC'T'S 1&025/032 ORIGINAL wrsDOCS aaaas 22 PE W® PR 0 2 2007 PW4NING- DtPARTly ENTi my OF r-,r LZADWATER Exhibit,- continued 08/24/2006 11:33 TFAX DANIELLMANDENDEVS.CON 3 BECKY 08124/08 10:17 FAY grlu'bii G Service Contracts Floass hots aII but One service aorftct Is expired and ssrvlae is being done vn a Mi'M besls- beoon Envlraiunerria[ & E ngiroeft 24 hour emergenCY mponseldisaster service FmPb es 1131107 Landscaping expired 8179106. Naw MTM Parking Lot Sweeping Mw RM 9praikler VTM Q 028/032 Q 007 ORIGINAL REC JVFD APR 0 2 2007 PLANNING DiPARIME 1T CIYY OF CLEARWATER i Exhibit A -. -- _ continued 06/24/2006 11 :34 IFAH DANIELLMANDENDEUB. CON L J 0 a BECKY EXHMIT "D" T$NANT ESTOPPEL CERTIFICATE STATE OF ) COUNTY OF } TO: IM 027/032 "Lease" dated _ , between as "Landlord" and as "Tenant" for "Premises" described- iii the Lease as Suite , and which are a part of the "Property" located at Ladies and Gentlemen: This estoppel certificate and agreement (this "Agreement`) is furnisW by Tenant to (the '.BuyeeD. Tenant rmdesstands that Buyer is relying upon Tenant's statements and agreements in w4Wdng the Property. This Aprermeut may also be relied upon by any lender maldng a loan to be secured by the Property. Tenwrepresents and certifies as set forth beibw, 1. A tree and complete cagy of the Lease, including, if •any, all amendmeata .and maadtfications, is attached as Eahbit "A ". There are no side letters or other arrangements relating to the Premises ar the PMperty. 2. The Lease has not been assigned, amended, or modified in any way, nm have the Premises Been sublet in whole or in part, except for the followiag Ijif no exceptions are stated, there areNONE]: 3.' The Lease is presently in foil fuzee and eft according to its terms and is the valid and binding obligation of Tenant. 4. Neither Tenant nor Landlord is in default under the Lease nor does any state of facts exist which with the passage of time or the giving of wdM or both, could oonstiuft a default under the Lease. 5. 7bc Premises contain' mt*ae square feek 6. All conditions under the Lease to be satisfied by Landlord as of the date of this Agreement ('including, without Hmitation, all work, if any, to be pedoimed by Landlord in the Premises or st the Property) have been satisfied, au d all contributions, if say, tcquired to be paid by Landlord under the. Lease to date for improvements to the Premises have been paid, m2yl im Isere t r stated [if no exceptions ate stated, there are NONE]: vrnaixxsrnsaaos 23. . ORIGINAL APR 0 2 2007 PLANNING iiEPARIMENT CITY OF CL ARWATER 0 0 Exhibit r continued _ + f�1 08/24/2008 11:34 !FAX DANIELLEOTANDEMBEM CBM BECKY 028/032 7. Tenant is in possession of the Premises and is fully obligated to pay and is paying the rent and other charges due under the Lease and is fully obligated to perform and is performing all other obligations of Tenant under the Lease, exc0t as hereafter stated [if no exceptions are stated, there are NONE]: S. The term of the Lease comrtenaed on — and expires on 9. The Leese does not provide for any payments (including, without limitation, rent =dits) by Landlord to Tenant which are presently due and payable, or which are due and payable in the future, excem as =–d er staled [if no such payments or credits are stated, there are NOME]: 10. Except as set forth in the Lease, Tenant is not. entitled to any disaoanft aimtemaat, or Of settyag of rents, excer++, as hereafter stated. rtf no discounts, abat meats„ or offsets are stated, there are NONE]: 11. 'Elie Premises are in good order and repair, reasonable wear and tear excepted, and, to the bast of TananNs knowledge, all conditions ander the Leese to be performed by the Landlord have been sadzilad. 12. On this date, to the best of Tenant's knowledge, there are no existing defettsea or off -sets which Tenant has against &a enforcement of the Lease by Ludlord, ex.gpt as hereafter [if no exceptions are stated, there are NONE]: 13. The base rent being paid under the Lease is S per month (� per arm mi). Additional rent for operating exp=m or common Rtes mamtentarbce Charges payable under the Lease is emrandy $ per mOath, 14. All reconcalWons of additional rent payments for operffdng expenses or connnnon area maintenance charges payable under*tbe Lease for ail calendar Yeats preoedbV tbC cununt calendar year have been made by Landlord and all payments owed to Tenant on a='= of sacb reconciliations have been made to Tenant. is, Zgpt as hereafter stated, no rent has been paid more than one month'in advance of the due date and no security has been deposited with the L=11ard rif no advaftcb rents or security deposits are stated, there are NONE]: 16. Tenant shall not make any prepayment of rent under the Lease more than one month in advance of the date when due. 17. &0=1 os hereafter stated the Tenant has no options to exf=4 the LmSC6 to lease additional space at the Property, or to purchase any port of the Property, and the Tenant bas rLo V VFBD cs rtssaos s 24 ORIGINAL RECEWD APR 0 2 2007 PLAWNiNG DiPARIMENT C17Y OF CLEARWATER ., J Exhibit® continued 08/24/2006 11:24 IFAX DANIELLEVANDENDEV6.CON a BECKY 028 /032 right of refusal as tQ teasing additional space or as to .purchasing any part of the Property [if no options or rights of refusal Art Stated, there are NONE): 1$. Tenant has the right to use'a fetal of parldng spaces at the Property of whiob total ate: assigned spaces and are mumigned spaces. 19. There are no actions, whether voluntary or otherwise, pending or threatened against the Tmunt, or any guarantor of the Tenant's obligations under the Lease,, under the banbQuptcy or insolvency laws of the United States or any similar state laws. 20. Tids Agreement shall inure to the benefit of Buyer, its successors and assigns ("maluding, without ftitation, a purobaser at or aficr foreclosane), and any lender ma}dnig a loan to be secured by the Property and shall be binding upon Tenant and Tenant`s successors and permitted assigns. 21, Upon request, Tenant ahall also execute an estoppel certAcaw and subordiswiion agreement acceptable to any lender making a loan to be sw red by the Pwpody. DATED and executed (as as insbumcut under seal) as of . 2004. TENANT: BY: Nacne; Sworn io, subscribed, and acknowledged bc£ore me 11119 day of 2004, by . who is personally known w me or who has pmduced as ideatifioag= 0MCIAL NOTARIAL SEAL: (Type, Print, or A=p name) Notary Public Comnuisslon No. My Commission Expires: kErMW —D APR 0 2 2007 PWiNiNG DiPMiMENT CITY OF CLEARWATER t 4 1 i 0. exhibit continued 06/24/2006 11:34 IFAX DANIEL LEO TANDENDEUB.CCU STATE OF ) COUNTY OF ) TO: ER3�IEI`f "E" SELLER'S CERTIFICATE 0 + BECKY 12030/032 " Lease" dated , between as % andlord" =d W "v'eaant" for aPz Lase as Suitt- and whU are a Fart of the "PraPaW' locatxd. at Ladies and G=d=e= , This Seller`s Certificato and egm mmt (this "Agreamcnt") is furnbhed by Landlord to (&e "Buyer"). L=dlord rmdcrstands that BUM Is rr 1*9 upon Izadlar's statemeerrts and agmements in acquifg the Ptopt3#- This Agreemant may also be relied upon by sW lender making a loan to be secured by the Properly. Landlord represents and certifies, to the best of its knowledge, as $et forth below, 1. A true and complete copy of the Lease, including, if aMN all amendments tend modifications, is attached as Exurb# "A". There are no side letters or othor arrangements rdsd g to the Premises or the Property. I Tire Lease has not bm asslned, amended, or modified in sny way, nor hive ft Premises been sublet in whore or in part, =06PI for ttre following [if xto exceptions ane stated, there are NONq: 3. 'Ilya Lease is proacntlg in fall Force and efi`aet ascot ft to its tmrns and is the valid and binding obligation of Tenant. 4. Neither Tenant nor Landlord is In default tinder the Lease nor dow any state of feats exist which wijh tine passage of time or the giving of notice, or both, could constitute s default under the Lease. 5. The Premises contain . rentable square feet. 6. Ali conditions uaft the Lease to be satisfied by Landlord as of tine date of this Agreement (including, without won, an work, if any. to be performed by Landlord n i ft Premises or at the Properly) have been satisfied, and all oontt ibutions, if.any. reqWred be 1W by Landlord under the Lease to date for improvements to the Premises crave been paid, ea stated [if no exceptions are stud, there are NONQ: 26 V pyP p ` MD= MUM 5 OWGINAL REI APR 0 21007 PLANNING DEPARTMENT CITY OF CLEARWATER } 3 E +t i Exhibit A continued OB/2412006 11:34 IFAR DANIELLEDTANDENDEVB.COM + BECKY ja 031/032 7. Tenant is in possession of the Premises and is fully obligated to pay and is payer the rent and other charges due under the Leese and is fully obligated to perfona and is. performing all other obligations of Tenant under the Lease, except as hereof T stated [if no exceptions are stated, there are NONE]: 8. The term of the Lease commenced on I and expires on 9. The Lease does not provide for any payments (including, without limitation, rebt credits) by Landlord to Tenant which we presently due and payable, or which are due and payable in the future, except as hsreafrex stated [if ro such payments or credits are stated, thm are NONE]: 10. Except as set fort in the Lease, Tenant is not entitled to any discounting, abatement, or offielting of reacts, nxemt as hereafter stated [if no discounts, abatctaents, or offsets are stated, there are NONE]: 11. The Premises are in good order and repair, reasonable W= and teat' excepted, and, to tiro but of Landlord's knowledge, 0 conditions under the Lease to be pwfonned by me Lamdlord have been satisfied. 12. On this date, to the best of r aadloes l=wiedge, there are no odsiing defenses or o$' -sets which Tenant has against the Gnforccnlent of the Lase by 10Dd10rt1, "PeUt as hares ter stated [if no exceptions we stated, there are NONB]: 13. The base tent being paid under the Lease is S . per month ($ per annum). Add idortal rent for operating expenses or common area mainft=00 ohmgea payable under the Lease is oumendly $ per nxonth. 14. All recorxciliations of additional rent payments for operating expenses or common area maintnance charges payable under the Lease far all calendar years preceding the aetrrent calender year have been. made by Landlord and all payments owed'to Tenant on account of such reconciliations have been made to Tenant. 15. F,xceat as hereafter 1MIeui. no rent has been paid nacre than One month in adva= of the due date and no security bas been deposited wifh the 1=idlord [if no advance rents or soanrity deposits arc stated, there are NONA) I 15, as hereafter stated the Tenant has no options to extend the Lease, to lease additional space at the Iroperty, or to putr1= any part of the Property, and the Tenant furs no right of refusal as to Isasing additional space or as to purchasing any part of tlae Property [if no 27 ORIGINAL APR 02 2007 PLANNNG DEPARTMENT CITY OF CLEARWATER Exhibit l� ' ( continued 08/24/2006 11:34 IFAX DANIELLEVANOENDB.CON + BECKY 0 032/032 EV ioptions or rights ofa%Twal are slated, titre are NONE): 17. Tenant bass the right to use a total of ," parlang spaces at the Property of which total are assigned spaces and are unassigned spaces. 18. Them are no actlons, whedw volamtery or otherwise, pending or threatened against the Teuiant, or any gm=tor of fhe Tenanf*s obl'igati'ons under the Lease, under the bapkruptcy or insolvency laws of the Uruited Swes of any similar state laws. 19. This Agreement shall Inv= to the benefit of Bayer, its successors and assigns (mdudi g without limitation, a pumhmr at of after fared==), and arq leader maiciug a loan to be secured by the 1 mpexty sad shall use binding qon Landlord and Landlord's successors and P=n tted tassigus. DATED and executed (as an instrument under wal) as of . '2-M, I -9v ATI _ -i a co2pocagen By. Name: Its: S wom to, subscribed, and aeknaud*ed before me dais clay. bf 2004, by , who is paxnomally known to = or who has produced I as identification. OFFICIAL NOTARIAL SEAL: Crype, print, or stamp name) NotaryPDlblic Commission NO. My commission Expires: WFUDOM =84 s 28 ORIGINAL RE6�[ APR 0 2 2007 PLAEiNiNC- DEFARIMENT CITE' OF CLEARWATER 11/10/2008 11:49 IEAX DRNFELLEVANDENDEM CBM RECIF4M + BECKY APR 02 2%a1 tr Exhibit F L;nNNNG DEPARTIMENT continued CITY OF CLEARWATER This Pitt Almendnaent to AgreeMOW for Sale and Purcba= of Pal. Emote (the "Am,ea(i t") is matte by ad betwftn lU!€ RG AN COWA " a P'it'ch cvrgOCatic�a "t Jar gm-) and Mid&j MC i DF'V BLOPMEN ' fi.OWANY, INC., a Flatift axrip�r�t%on d hrltwt�ilrrith jointly .ref acre d to as `"`Seffee) TA2�B�i�1i (''n�'�a � �i3ltir a.�i the l��"ELOpME2U GROUP , a morida Ifinitcd iiabilitY txtmgaUY im ' rchasee), who; for good art vitluable 0WIdasfiM the ireceipt and suf fieJOWY of which = acknowledged, agree as follows: 1. e-ground. 1.1 Mocgm and Pui aser enterM into .tom cemin A:greemett for Sale and pmvha or PrA :Estate, dated AuSot 23, 2 (ft gTan+ mct") conc=jn g tht We and purchase of cep real property locat . at 1815 Higbiand Avenue, .Cleuwatcr, Ada the 1.2 Seller and Pumbaser = desirous �*f ==&ng the scout , in accwd with tiid Main Latter AaC 'mew tutted November ,6, 2W6, an the terra Md condiHm set try in this Amendment. 2:. Defint' ansf C*tmlired ter= ring but not dafiried in fliis AM0041nent ill h ie the saint~ &finitjoAS giVen W them in the C=ftc4 Wes 'dw context clearly in&COM a conhwy ftMMt 3, gMU9 PUM P=d 1 Of ft �dy as ib$d + a -Bxbl iit'`� ".to 1ib� + ri�ra� � wed. by Wig- and Parcel 2 of" Prtrperty as doi=* cd on .E)ffiffiit -Ar to the` 'mct tamed by cMur 'b, McMunith ' ita the � Oft s �mt� s to My obliSaW horcundcr tid hercby apva .to be My oblipled.=der the tesiis Of tho Cantracrlt as a, Seueev, as if it had ori&aily cxwAad the contmct as the ScHer cfParcel 2. 4. Inspecaun, The hzpwtion Refi4 prinided for under Spab in 13.1 of the +C MUAct is Hereby ceded tD De 6, 2006, at 5:00 pm. PUrcba= shBU bave MM the cap on of We =MW 1rVWMOn Paiod mul in ft prior sm=cc 0.e., to 1ewmba 6,10€16) in which to provide any dbjj=fl= to title OW. -Survq p� mina Sw 4 and R -of #tae Conies; or to oti�Ef ise tmoiwft flj, -, onft"aa pursuant to en 1 fimmE Ait 'the. end of the �tit3R1 Pcr od, 1t P=h wer 01Mt to tt eert with th t acil'an,. Purth=e shad d�po$it 4he Thant wit, in the amok a _iced pMMgd.to section 3:04 of the Contract, +cnz or before the e?rgira#tm of the revised %tion p adod (.e. by 5:00,p .m on Dyer 6, 2M_ S. Cl g Deft. The Closing. Date, sit fm* in SOction 5.01 Of that C0 'ae#. " be wdended for a period of five (5) months f0BOWing tk Wh40n of tine extended. Inspection Pexiod. 'The Mvised Closing Date shall be ort or bete May 7,`2007. 6. )tease price. In consi ion of the fbrgpWg ea ions: (i) the Pm' se Price, puissant to SMlion 3.01 of ft Corit aet, shall be increased to t1w MM GI d (171) pmhaw his WxUced to Seller the shit t. - N%ftd0k 96POW-1 ag .$n