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FLS2007-01003
1� 0 °Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727-562-4865 V SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION 5( SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets V SUBMIT APPLICATION FEE $ 475.00 CASE #:rLS,7,414j- 0/0,_0 -3 RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUI RED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 04/28/2006) —PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: Mid - Pinellas Office Park, Inc. (ATTN: Steve Engelhardt) MAILING ADDRESS: 4500 - 140th Avenue N., Suite 101, Clearwater, FL 33762 PHONE NUMBER: (727) 539 -7002 CELL NUMBER (727) 536 -3574 PROPERTY OWNER(S): Mid - Pinellas Office Park, Inc. List ALL owners on the deed AGENT NAME: Mr. Robert Pergolizzi and Mr. Richard Harris, Gulf Coast Consulting, Inc. MAILING ADDRESS: 13825 ICOT Boulevard, Suite 605, Clearwater, FL 33760 PHONE NUMBER: (727) 524 -1818 FAX NUMBER: (727524 -6090 CELL NUMBER: (727) 644 -2695 E MAIL ADDRESS: pergo @gulfcoa, B. PROPOSED DEVELOPM PROJECT NAME: STREET ADDRESS PARCEL NUMBER(S): PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USE(S): INFORMATION: (Code Section 4- 202.A) Lakeside Offices at Park Place PROJECT VALUATION: 355 Park Place Blvd. 17/29/16/00000/240 /0400 (Par 6.16 See attached legal descri Office Bu DESCRIPTION OF REQUEST: Specifically identify the request (include number of units or square footage of non - residential use and all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) PARCEL SIZE (square feet): $ 100,000.00 85,000 sf of Office Building with a request of code deviation in the side setback & building height. A request of five (5) feet side setback from the required ten (10) feet side setback and request of building height to three (3) stories from the required 25 feet building height. Page 1 of JAN 2 4 200V PLANNING DEPARTMEN1 CITY OF CLEARWATER 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) Id SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. Ed 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 85,000 s.f. office building represents a 0.32 FAR whereas up to 0.40 is permitted in a Commercial (C) zone. The layout provides a substantial amount of open space including ponds and landscaped areas. 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 85,000 sf office building is part of the Park Place DRI Master Development Plan. Adjacent lands are already developed. It will not discourage the appropriate use of adjacent lands or hinder their value. 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 proposed development is for office use which will not affect the health or safety of the persons residing or working in nearby neighborhoods or surrounding areas. This development will provide opportunities for growth and employment of the persons residing or working in the nearby neighborhoods or surrounding areas 4. The proposed development is designed to minimize traffic congestion. The 85,000 sf office space would generate only 935 daily trips and 127 PM peak hour trips. All traffic generation is vested . per the approved Park Place DRI Development Order (Ordinance # 7215 -03). 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The Park Place DRI is a mixed -use development containing office, industrial, retail, and residential uses. The proposed office building is consistent with Commercial zoning and the surrounding development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The placement of the proposed office building on the site is centered within the property to minimize adverse effects, including visual, acoustic and olfactory impacts. ORIGINAL RECEIVED Page 2 of 7 JAN 2 4 2001 PLANNING DEPARTMENT CITY OF CLEARWATFP • • WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) m Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) — Explain how each criteria is achieved, in detail: E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Manual and 4- 202.A.21) 0 A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stomwater 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. 0 If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. • At a minimum, the STORMWATER PLAN shall include the following; • Existing topography extending 50 feet beyond all property lines; m Proposed grading including finished floor elevations of all structures; lJ All adjacent streets and municipal storm systems; 0 Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; CI A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. 16 Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; VI Signature and seal of Florida Registered Professional Engineer on all plans and calculations. d 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 6 ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): rmwater plan as noted above is included 4br- 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) 0 SIGNED AND SEALED SURVEY (including legal description of property) —One original and 14 copies; El 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 arborisf', of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; CI 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; 0 GRADING PLAN, as applicable; 0 PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); LI COPY OF RECORDED PLAT, as applicable; Page 3 of 7 RECEIVED JAN 2 4 2001 PLANNING DEPARTMENT CITY OF CLEARWATER • G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A) • 56 SITE PLAN with the following information (not to exceed 24" x 36 "): ✓ Index sheet referencing individual sheets included in package; ✓ North arrow; ✓ Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; ✓ All dimensions; ✓ Footprint and size of all EXISTING buildings and structures; ✓ Footprint and size of all PROPOSED buildings and structures; ✓ All required setbacks; ✓ All existing and proposed points of access; ✓ All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including ✓ description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; ✓ 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 ✓ 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 }; ✓ Location of all landscape material; ✓ Location of all onsite and offsite stonr�water management facilities; ✓ Location of all outdoor lighting fixtures; and ✓ Location of all existing and proposed sidewalks. 56 SITE DATA TABLE for existing, required, and proposed development, in written /tabular f orm: EXISTING REQUIRED PROPOSED ✓ Land area in square feet and acres; 268,330 sf 6.16 ac 10,000 sf 0.23 ac 268,330 sf 6.16 ac Number of EXISTING dwelling units; N/A N/A N/A Number of PROPOSED dwelling units; N/A N/A N/A ✓ Gross floor area devoted to each use; 0 sf 4,000 sf 85,000 sf ✓ Parking spaces: total number, presented in tabular form with the number of required spaces; 39 340 369 _ Total paved area, including all paved parking spaces & driveways, ✓ expressed in square feet & percentage of the paved vehicular area; 21,633 sf (8 %) 340 spaces 147,588 (55 %) Official records book and page numbers of all existing utility ✓ easement; On puns N/A N/A _ ✓ Building and structure heights; N/A 25' 3 story ( ) ✓ Impermeable surface ratio (I.S.R.); and 0.08 0.85 MAX 0.67 Floor area ratio (F.A.R.) for all nonresidential uses. N/A 0.40 MAX 0.32 Cad REDUCED COLOR SITE PLAN to scale (8 %X 11); D6 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: ✓ One -foot contours or spot elevations on site; ✓ Offsite elevations if required to evaluate the proposed stormwater management for the parcel; ✓ All open space areas; ✓ Location of all earth or water retaining walls and earth berms; ✓ Lot lines and building lines (dimensioned); ✓ Streets and drives (dimensioned); ✓ Building and structural setbacks (dimensioned); ✓ Structural overhangs; ORIGINAL Page 4of7 AN 24 2001 PLANNING DEPARTMENT CITY OF CLEARWATER • H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) lid LANDSCAPE PLAN with the following information (not to exceed 24" x 36 "): ,L All existing and proposed structures; v/ Names of abutting streets; v/ Drainage and retention areas including swales, side slopes and bottom elevations; ✓ Delineation and dimensions of all required perimeter landscape buffers; ✓ Sight visibility triangles; ✓ Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required ✓ tree survey); ✓ Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all ✓ existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and /or shaded and labeled and interior landscape coverage, expressing in both square feet and ✓ percentage covered; _ Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); ✓ Irrigation notes. 16 REDUCED COLOR LANDSCAPE PLAN to scale (8% X 11); Id 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) 56 BUILDING ELEVATION DRAWINGS — with the following information: ,( All sides of all buildings; ✓ Dimensions; ✓ Colors (provide one full sized set of colored elevations); and ✓ Materials. 56 REDUCED BUILDING ELEVATIONS — same as above to scale on 8'/2 X 11. J. SIGNAGE: (Division 19. SIGNS / Section 3 -1806) ❑ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. All IFROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8% X 11) (color), if submitting Comprehensive Sign Program application. ORIGINAL RECENED JAN 2 4 2OW Page 5 of 7 PLANNING DEPARTMEN 1 CITY OF CI.EARWATER L:i • K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4- 801.C) ❑ Include if required by the Traffic Operations Manager or his /her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and /or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and /or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a " Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727 - 562 -4750) Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. d 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 postdevelopment levels of service for all --roadway legs and each turning movement at all intersections identified in the Scoping Meeting. raffic 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. 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 7ansta 4 A.D. 20 tome and /or by who is personally y known has produced as identi ration. owl Notary publi My commission expires: RECEIVED 6 JAN 2 4 200 0 aY P`, Notary Public - State ddo 7 : _ °,+ N AMY E. LEBLAF44 Page 6 of g - + _MyCommWI nEVkes2006 DEPARTMEN'► -?,' Commission # DD7 -•. ; A"M PLANNING CITY OF CLEARWATER a ;; god By Notional to AFFIDAVIT TO AUTHORIZE AGENT: Mid - Pinellas Office Park, Inc. (Names of all property owners on deed - please PRINT full names) • 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 355 Park Place Boulevard and adjacent vacant land (Parcel ID # 17/29/1 2. That this property constitutes the properly for which a request for a: (describe request) Flexible Standard for office 3. That the undersigned (has/have) appointed and (does/do) appoint: Mr. Robert Pergolizzi & Mr. Richard Hams, Gulf Coast Consulting, Inc. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. 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; 6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and P rtY Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer du k commissioned by the laws of the Sta of Florida, on this 9 day of p who having been first duly swom Deposes aid says at he/she ful s the contmom OWN that h signed. -.Notary Public - State of Florida » MyC:ommf bnBPk%Marl2,2007 Commission# DDI92977 Nota P lic °; My Commission Expires: Bonded By National Notary Assn. RECEIVED JAN 2 4 200F PLANNING DEPARTMEN ) S.%Planning DepartmenMpplication Formsldevelopment reviewlflexible development comprehensive infill redevelopment application 20CW OF CLEARWATER Page 7 of 7 - Flexible Development Comprehensive Infill Redevelopment Application 2005- City of Clearwater .0 0 FLEXIBILITY CRITERIA Height: Flexibility is sought with regards to building height. The minimum standard development criterion for building height is 25'. The site has a proposed building height of three (3) stories. The increased height will result in an improved site plan that will not o, adversely alter the surrounding area by maintaining a height similar to buildings in the surrounding area. The increased building height will provide for a much improved landscaped area around the building as area around the building will be increased since the building horizontal component will decrease. The height increase of one (1) story will not reduce the vertical component of the view from any adjacent residential property as this is a minimal increase and views will remain virtually the same. Side Setback: Flexibility is sought with regards to side setback. The minimum standard development criterion is a minimum of ten (10) feet. The site has a proposed setback on the southern property line of five (5) feet. The reduction in side setback will not prevent access to the rear of the proposed building. Access will be available to passenger vehicles, maintenance vehicles, delivery vehicles as well as emergency vehicles. The reduction in side setback on the southern property line will result in an improve site plan with improved parking accessibility, improved vehicle flow and improved parking area appearance, by allowing for an improved site layout. The reduction of side setback from ten (10) feet to five (5) feet will not reduce the amount of landscaped area as the interior parking landscape area of 12% is met. ORIGINAL RECEIVED JAN 2 4 200Y PLANNING DEPARTMENT CITY OF CLEARWATER M a LEGAL DESCRIPTION LEGAL DESCRIPTION: .(PROVIDED) A TRACT OF LAND LYING WITHIN THE NORTHWEST 14 OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 17. ALSO BEING THE POINT OF INTERSECTION OF THE CENTERLINES OF GULF -TO -BAY BLVD (S.R. 60) AND HAMPTON ROAD (C.R. 144); THENCE S 89'46'01" W ALONG THE SOUTH LINE OF SAID NORTHWEST X AND THE CENTERLINE OF GULF -TO -BAY BLVD 660.00 FEET; THENCE N 0019'21" W, 50 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY 'LINE OF SAID GULF- TO-BAY BLVD.; THENCE CONTINUE N 00'19'21' W, 280.02 FEET; THENCE N 89'46'01' E, 627.00 FEET TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF SAID HAMPTON ROAD (C.R. 144); THENCE N 00-19-21- W ALONG SAID RIGHT -OF -WAY LINE 480.32 FEET ALONG A LINE 33 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17 TO THE POINT OF BEGINNING; THENCE S 30'01'50' W. 502.08 FEET; THENCE S 87'39'10` W, 222.06 FEET, THENCE S 89'40'39' W, 25.82 :FEET; THENCE N 00'19'21 " W. 181.61 FEET; THENCE S 89 40'39" W, 145.54 FEET; THENCE N DO'19'21 " W, 31.35 FEET: THENCE N 29'46'01" E. 63.90 FEET: THENCE N 30`13'59" W. 76.78 FEET; THENCE N 30'01'50' E, 211.83 FEET; THENCE S 59'58'10" E, 190.00 FEET; THENCE N 30171'50" E. 278.85 FEET; THENCE S 85. 19'21' E. 242.27 FEET TO A POINT ON SAID WEST RIGHT -OF -WAY LINE; THENCE ALONG SAID RIGHT -OF -WAY ALONG A LINE 33 WEST OF AND PARALLEL WITH EAST LINE OF NORTHWEST X OF SECTION 17. S 00'19'21" 1E. 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 6.16 ACRES MORE OR LESS. ORIGINAL RECEIVED .JAN 2 4 2000 PLANNING DEPARTMEN 1 CITY OF CL.EARWATFR 0 0 STORMWATER NARRATIVE The subject property consists of 6.16 acres and was previously approved by the City of Clearwater (Park Place Phase IIA). The existing detention pond to the east of the site was constructed in the late 1980's as part of a Master Drainage Plan for all of Park Place. At the time of initial site plan approval for Lakeside at Park Place, the previous engineer (Florida Design Consultants, Inc.) confirmed with SWFWMD and the City of Clearwater that the existing pond (Pond E -4) was designed to accommodate the stormwater quantity /quality needs of the site. The City of Clearwater issued a letter (June 17, 1997) indicating "the City of Clearwater will not require any additional stormwater treatment or attenuation on the subject site ". The City of Clearwater also indicated that evidence of SWFWMD approval by letter, exemption or new permit would be required. Please see letters dated June 16, 1997 (Florida Design Consultants), August 6, 1997 ( SWFWMD), August 4, 1986 (King Engineering) & September 4, 1986 ( SWFWMD). Stormwater quality will be provided by replacing the existing previously approved filter system with a new one. According to SWFWMD this method is categorized as standard maintenance ( SWFWMD letter August 6, 1997), and as such does not require a permit or permit modification. Subsequently Final Site Plans were approved (July 23, 2002) for an 85,000 s.f. office building having a total impervious area of 189,070 square feet (ISR = 0.70). The current requested revisions show a reduced amount of impervious surface of 179,605 square feet (ISR = 0.67). Therefore, considering this reduction a stormwater plan is not required, and the existing pond can accommodate stormwater from the proposed development. ORIGINAL RECEIVED JAN 2 4 2009 PLANNING DEPARTMENT CITY OF CLEARWATFR Sir L� SEC 4. AD ..,• -_ -_�� rte= r�ittF� EwIRONMENTAL MANAGEMENT June 17, 1997 i t ATTACHMENT "D" CITY OF CLEARWATER MUNICIPAL SERvICFS BUILDING, 100 SOUTH MYRTLE AvENUE POST OFFICE Box 4748, CLEARWATER, FLORIDA 34618 -4745 TELEPHONE (813) 5624747 FAX (813) 562 -4755 Mr. Gregory Singleton, P.E. Florida Design Consultants, Inc. 2639 McCormick Drive Clearwater, FL 34619 Re: Park Place Tract IIA Dear Gregg: This letter is in response to your correspondence of June 16, 1997 on the subject site. It is apparent from the information in our files that the subject site was originally designed to discharge directly to Park Place Pond E-4. The plans I have seen for the proposed office development appear similar in intensity to the development as originally planned. As such, the City of Clearwater will not require any additional stormwater treatment or attenuation on the subject site. Please note that you will need to provide evidence. of SWFWMD approval (letter, exemption or new permit) prior to issuance of City building permits for the proposed project. If you have any questions or need additionalrinformation, please call me at 562- 4743. ORIGINAL RECEIVED Sincerely: JAN 2 4 200F PLANNING DEPARTMENT Michael D. Quillen, P.E. CITY OF CLEARWATER Water Resource Engineer _ .—,r -imrW- F cc: Bob Perkins . "EQUAL EMPLOYMENT AND AFFIR.MATIvE ACTION EMPLOYER" 91 ---------- - - - - -- June 16, 1997. Ms. Alba Mas, P.E. Surface Water Regulatory Manager Tampa Regulation Department Southwest Florida Water Management District 7601 Highway 301 North Tampa, FL 33637 Re: Park Place Tract IIA of Phase 1 Dear Alba: ORIGINAL RECEIVED JAN 2 4 200V PLANNING DEPARTMENT CITY OF C FARWATER The intent of this letter is to verify our understandings for the permitting requirements for Tract IIA of Park Place (Tract IIA) located in Pinellas County. On May 9, 1997 I met with Robin McGill, reviewer for the most recent Park Place projects, to discuss Tract IIA. At the meeting I informed her of the following: 1. Park Place is an exempt DRI project. 2. Tract IIA received an Exemption Notice of New Stormwater Discharge Facility (SWM E04117) on September 4, 1986 (copy attached). 3. The stormwater runoff from Tract IIA discharges to Pond E -4 that was constructed in a previous phase. 4. The internal storm sewer system, water, sewer and building pads were constructed in 1986 prior to construction ceasing. S. The proposed development will be an office building that is consistent with the use in 1986. Robin and I discussed the past history of permitting requirements within Park Place. I have attempted to summarize our conversation below: • I was the project manager for the Storz Ophthalmics Development (Permit 4489844.00). Storz was located in the northern portion of Park Place and lies on a major drainage basin divide. The northern portion of the Storz project is located in the Alligator Creek Basin and the southern portion is located in the Tampa Bay Basin. Since Tract IIA is located within the Tampa Bay drainage _2639 McCORMICK DRIVE • CLEARWATER, FLORIDA 34619 (813) 724 -8422 • FAX (813) 724 -8606 1 ORIGINAL RECEIVED Ms. Alba Mas, P.E. JAN 2 4 200? June 16, 1997 PLANNING DEPARTMENT Page 2 CITY OF CLEARWATER basin, only that part of the Storz permitting requirements were discussed in detail. No stormwater quality facilities were required on the Storz property since it discharged its runoff to Pond E -4. Pond E-4 was permitted to treat the stormwater runoff from the entire portion of Park Place lying in the Tampa Bay Basin. I was also the project manager for the Hampton Road widening project. A portion of the existing Hampton Road appeared to drain to Pond E-4. I met with you in 1992/1993 to discuss the possibilities of utilizing Pond E-4 for the stormwater treatment for Hampton Road. I was informed that we would need to prove that Pond E-4 was functioning as designed and it was capable of accepting the additional runoff. Since the ownership of Pond E-4 was in question at the time, we chose not to investigate that option and decided to construct a separate facility. KEA received a permit for the Grand Reserve (Permit 489844.03) on December 20; 1996. The Grand Reserve stormwater management system provided stormwater and attenuation treatment for both itself and for the Storz project. We understand that the stormwater treatment was provided because "they could not verify that the downstream permitted pond (Pond E-4) was built and functioning as designed ". The above quote was obtained from the Pre - Application Meeting Notes for Park PIace - The Grand Reserve dated April 26, 1996 (copy attached). Since the Master Drainage Plans, both the PBS&J and the KEA (copies attached) called for stormwater attenuation ponds in these areas, it is understandable why KEA chose this option. We then discussed Tract IIA specifically. The Master Drainage Plans show Tract HA discharging directly into Pond E-4, i.e., no treatment or attenuation ponds were planned. Based upon the information provided to Ms. McGill, she stated that we had the following options: 1. Prove that Pond E-4 is functioning as designed. 2. Construct a stormwater treatment facility on Tract IIA. I told Ms. McGill that I would monitor Pond E4 after rains to see if it was bleeding down the treatment volume in an acceptable time. However: I inquired about the possibility of either fixing the existing system or constructing a new filter system should we find that Pond E-4 is not functioning properly. Ms. McGill stated that my inquiry seemed logical and acceptable, however, she would need to verify with her supervisor (Alba Mas). Her main question was how the new filter drain system would be permitted. She was not sure whether it would need a new permit or could it be handled as 'a maintenance to the existing permit. .Y Z Y 7 G Ms. Alba Mas, P.E. June 16, 1997 Page 3 Alba. I have attempted to be as thorough as possible in this letter, however, I realize that a meeting may be required before you can make a decision. I am available to meet with you and/or Ms. McGill at your earliest convenience in order to receive confirmation of our alternatives. Sincerely, P. Gregory Singleton, P.E. Vice President of Engineering :es L- 'j=.14 Att. cc: Nick Shackleton Ed Mazur File 172 -01 ORIGINAL RECEIVED JAN 24 2009 PLANNO C�FARWATERI C►r .air &1na! Oi +psn:nin +6ry +Icrxr Roy G. Harrell, Jr. Chairman. St. Petersburg Joe L Davis, Jr. Vice Chairman. Wauchula Curtis L Law Secretary, Land O'Lakes Sally Thompson Treasurer, Tampa James L Allen Bushnell Ramon F. Campo Brandon Rebecca M. Eger Sarasota John P. Harilee, IV Bradenton Ronald C. Johnson Lake Wales James E. Martin St. Petersburg Virginia S. Roo Tampa E. D. "Sonny" Vergara Executive Director Edward B. Hetvenston General Counsel Excellence Through Quality Service 0 Southwest Florida - Water Management District 2379 Broad Street • Brooksville, Florida 34609 -6899 • 1- 800 - 423 -1476 (Florida Only) or (352) 796 -7211 • SUNCOM 628 -4150 • T.D.D. Number Only (Florida Only): 1- 800 - 231 -6103 7601 Highway 301 North Tampa, Florida 33637.6759 1- 800- 836-0797 or (813) 985.7481 SUNCOM 578 -2070 August 6, 1997 170 Century Boulevard Bartow. Florida 33830-7700 1.800-492 -7862 or (941) 534 -1448 SUNCOM 572 -6200 Mr. P Gregory Singleton, P.E. Florida Design Consultants, Inc. 2639 McCormick Drive Clearwater, Florida 34619 115 Cor -poration Way 2303 Highway 44 West Venice. Florida 34292 -3524 Inverness. Florida 34453 -3809 132Y13503 or (941) 486 -1212 (352) 637 -1360 SUNCOM 526 -69M ORIGINAL RECEIVED _EAR! 2 41009 PLANNING DEPARTMENT ('ITV Or- r'! FA'PWATFP Subject: Project Name: Park Place Tract IIA of Phase I Application No.: S7Tri :04117 County: Pinellas Sec /Twp /Rge: 17/29S/16E Reference: Rule 40D- 4.051(6), Florida Administrative Code Dear Mr. Singleton: Pursuant to your letter of June 16, 1997 and meeting of May 9, 1997, regarding the above mentioned project, Tract IIA received an Exemption Notice of New Stormwater Discharge Facility (SWM E04117) on September 4, 1986. Apparently, Pond E -4, the internal storm sewer system, water, sewer and building pads were constructed in 1986. However, the surface water management system was not certified and a Statement of Completion was not received by the District. The property owner is ready to finish the site as an office development, consistent with the use proposed in 1986. You would need to prove Pond E -4 is functioning as designed and provide required certification and as -built information in order to complete the site development. Another option -would be to construct a new stormwater treatment facility on Tract IIA. -You inquired about the possibility and the permitting requirements of either fixing the existing system or constructing a new filter system should you find that Pond E -4 is not functioning properly. Either of these activities could be done under the existing permit as part of the standard maintenance requirements of filter systems. A modification of the permit would be required, however, if the water quality treatment method were proposed to be altered (e.g. wet detention). If you have questions or if I may be of assistance, please contact me at the Tampa Service Office, extension 2072. Sincerely,. CIL- r7 , Robin L. McGill, P.E. A�6 Tampa Regulation Department RLM:mvl370 cc: File of Record " Alba Mas, P.E. -7 a.r.y L 4 L7, 7!Z 4, • 'August 4, 1986 S, tnjl� AsmdoWs. Ine- .214S US 14 frtr x Frcrw a ": Avk, 40+ Mr 17, DaVid A Talhouk z Southvent, F1 ocida' Water%, X ee 'AA . Broad St Mnagment. District 2379 : .'33512....971 �.Brooitswillo.'., EL Place - Tract IIA of Phase Re: Park 4 'File Mo.. sm E*_4jl,7.:,. Pinellas County t: x Z, S-MeMiiW V Dear _Talbouki., A% q, a- n your- t erdat�d .Jul Y "10 i:tl -9 86 co nce ng the project, we are attaching four .copies. of correspo referenced and cal nc calculations supporting the previous design and construction 'of r the subdrain filter witbin detention pond E- e :=are 4-- :also L . �% ....attaching of the M approved plans for -this de j_�i_As "You '�dan* s" fr am the _aittach6d -be 66 The subdrain_.,fijterwas.�desi Acr es --�onstructe( 0- gri,6d. and I.t inter . -.the. f Jrst'on' 'frCei'A 1. - e-half -f ;`ihch,: a.:-r=Wkf Ainfill%event�fr 68:.07 •, acre These -Are.* -th e: culatichs: hi ' V ,��:".,:!ind.approved by M" Linda HoffmarVof",the i'hLr:?� dated: Ix -January :18, !1984. '.-This-'can be by -Forc rmed r of _tthe'S D. F. Pt. - - ,,- 4 since- he - obtained this data tail�to.yo ta for our: ziubmit 'for your �xsijstance in Thank ''YOU th s matter,`-, Very truly yours,, lo -4- Richard D. Harris., "P. _:_j; .7 f7 Up %Va ter Encl. 7 CCPY cc File 162-001.430 7: ORIGINAL' RECEIVER AUG 10 SAN 9-k K� PLANNING. DEPARTMENT: 7. CITY OF CLEARWATER - /•7 JRIDA WATER MAM'GEMEN'T DISTRICT' 2379 BROAD STREET, BROOKSVILLE, FLORIDA 33512 -9712 \ptvArER /// PHONE (904) 796 -7211 SUNCOM 684 -0111 _ MICHAEL ZAGORAC. JR., Chairman, Selleair Wm. 0. STUBBS, JR., Vice Chairman, Dade City y 12 lz� MARY A. KUMPE. Secretary, Sarasota WALTER H. HARKALA, Treasurer, Plant City H0RACE F. HERNDON, Lake Wales ROY G. HARRE LL. JR.,Sr- Petersburg ROBERTT. BRAMSON,M.D., Tampa WILLIAM H. WILCOX, Ph.D., Port Charlotte 1 GARY W. KUHL, Executive Director DANIEL P. FERNANDEZ, General Counsel WILLIAM K. HENNESSEY, Deputy Executive Director PETER G. HUBBELL. Deputy Executive Director September 4, 1986 - Metro Development Corporation c/o Mr. Richard D. Harris, P.E. - r: King Engineering Assoc., Inc. 2145 U.S. 19, North Lu�� Clearwater, FL 33575 Re: Project Name: Park Place Tract IIA of Phase I File No(s): SWM E04117 County: Pinellas Dear Sir: Your Exemption Notice for New Stormwater Discharge Facility Construction was received on June 11, 1986 and appears sufficient to meet minimum pre - construction notice and certification requirements of Section 17- 25.03(2), F.A.C. However, please be advised that the receipt of your notice does not constitute a determination by the District that the proposed facility is exempt from the permit requirements of Chapter 17 -25, Florida Administrative Code. All practicable and necessary effort should be taken during construction to control and prevent erosion and transport of sediment to surface drains, surface waters, or onto property other than that which you own. Revegetation and stabilization of disturbed ground surfaces should be accomplished as rapidly as possible to prevent erosion from occurring and reduce the sediment load in the discharge water. Please be engineer provided, stormwater under this Sincerely, reminded that Section 17- 25.03(2), F.A.C., requires. that an registered in Florida shall certify, on the form herewith within 30 days after construction is completed, that the new discharge facility, as constructed, qualifies for exemption section. r n - AVID A. TALHOUK Surface Water Management Resource Regulation Department DAT:jg Enclosure: As -Built Certification By Notice) ORIGINAL RECEIVED AN 2 4 2001 PLANNING DEPARTMENT CITY OF -r'1. FAPINATFQ Professional Engineer (Exemption C O N S E R V E W A T E R T 0 0 A Y F O R T O M 0 R R 0 W- 0 TRAFFIC IMPACT STATEMENT 40 The site is located within the Park Place DRI. The DRI development Order vests the developments impacts against concurrency regulations. The area is approved for 100,000 square feet of office space per the DRI Development Order. The site is currently vacant and the proposed development on the subject property consists of an 85,000 square foot three -story office building. The expected trip generation of the project is only 935 daily trips and 127 PM peak hour trips. As such a traffic impact study is not required. ORIGINAL RECEIVED, SAN 2 4 2006 PLANNING DEPARTMENT CITY OF CLEARWATER J- Tree Inventory Lakeside Offices at Park Place Clearwater, Florida January 15, 2007 Prepared by: Alan Mayberry, Consulting Arborist For: Hallmark Development of Florida, Inc. The following report is submitted by Alan Mayberry, Consulting Arborist, and includes findings that I believe are accurate based on my education, experience and knowledge in the field of Arboriculture. I have no interest personally or financially in this property and my report is factual and unbiased. This report is the property of Hallmark Development of Florida, Inc., and will not be given to other entities unless so directed. Tree Canopy Analysis and Preservation Strategies The tree canopy at this site consists primarily of second growth hardwood tree species that have recruited naturally and invasive exotic trees that have grown from wild seed. In addition, a large quantity of native trees planted for landscape purposes are located just off the property lines around the perimeter of the site (protected tree species that are 4" in trunk diameter or greater are required to be included in the inventory if they are within 25' of the property line). The tree canopy is dominated by the live oak (Quercus virginiana), with water oak (Quercus nigra) and laurel oak (Quercus laurifolia) also occurring in significant quantities. The site contains two large stands of the highly invasive Brazilian pepper tree (Schinus terebinthifolius) and other noxious exotic trees such as the Chinese tallow (Sapium sebiferum) and the ear tree (Enterolobium cyclocarpum) occur in small quantities. Most of the native understory vegetation has been removed with the exception of scattered wax myrtle trees (Myrica cerifera) and patches of the saw palmetto (Serenoa repens). The potential for tree preservation is very good at this site as there are numerous trees that are healthy and have good form and appearance. In addition, there are several small live oak and water oak trees in the 2 " -3" trunk diameter range that are not included in the inventory as they are below 4" in trunk diameter and not protected by the provisions of the City of Clearwater code, but are good young trees and could be transplanted on site. The site also has one valuable tree stand consisting of ten sand live oak trees (Quercus geminata) that could be preserved intact as a stand. The following tree inventory will identify each tree by its size, specie and overall condition with accompanying comments as needed for clarification. The attached site plan will indicate the location of the tree on the site by the number on the plan that corresponds to the number in the inventory. ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ORIGINAL RECEIVED JAIN 2 4 2001 Tree Inventory Data PLANNING DEPARTMENT CITY OF CLEARWATER A tree inventory is a written record of a tree's condition at the time of inspection. It creates a hierarchy of trees on site relative to preservation potential and is a valuable tool to assist the development team with the site design. It also identifies trees that are in poor condition and helps in removing trees with problems that could lead to tree failure resulting in personal injury or property damage. The tree inventory lists four codes and also has a comment section. The following is an explanation of the data used in the inventory: Tree# - location - Each tree is assigned a number for reference in the inventory that corresponds with a number on the site plan that identifies the location of the tree in the field. Size — Tree size is a measure of the tree's trunk diameter measured at 4.5' above grade. If there is a fork in the trunk at that point the diameter is measured at the narrowest area below the fork. Palm species are measured in feet of clear trunk (C.T.). Species — Each tree is listed by its common and botanical name the first time it is listed in the inventory. For simplicity the tree is listed by its common name thereafter. Condition Rating — The condition rating is an assessment of the tree's overall structural strength and systemic health. Elements of structure include: 1) the presence of cavities, decayed wood, split, cracked, rubbing branches etc., 2) branch arrangements and attachments, i.e., well spaced vs. several branches emanating from the same area on the trunk, codominant stems vs. single leader trunk, presence of branch collars vs. included bark. Elements of systemic health relate to the tree's overall energy system measured by net photosynthesis (food made) vs. respiration (food used). A tree with good systemic health will have a vascular system that moves water, nutrients and photosynthate around the tree as needed. Indicators of a healthy systemic system used in the overall condition rating include: 1) live crown ratio (the amount of live crown a tree has relative to its mass), 2) crown density (density of the foliage), 3) tip growth (shoot elongation is a sign that the tree is making and storing energy. The overall condition rating also takes into consideration the species, appearance and any unique features. The rating scale is 0 -6 with 0 being a dead tree and 6 a specimen. Increments of 0.5 are used to increase accuracy. Examples of the tree rating system are as follows: 0- A dead tree I - A tree that is dying, severely declining, hazardous, harboring a communicable disease or a tree designated by the State of Florida's Exotic Pest Plant Council as a category #1 ecological pest i.e., Brazilian pepper tree (Schinus terebinthifolius). A tree with a rating 0 a of 1 should be removed as it is beyond treatment and is a threat to cause personal injury or property damage. 2 — A tree exhibiting serious structural defects such as codominant stems with included bark at or near the base, large cavities, large areas of decayed wood, crown dieback, cracked/split scaffold branches etc. In addition, a tree with health issues such as low energy, low live crown ratio, serious disease or insect problems, nutritional deficiencies or soil pH problems. A tree with a rating of #2 should be removed unless the problem(s) can be treated. A tree with a #2 condition rating will typically require a considerable amount of maintenance to qualify for an upgrade of the condition rating. 3- A tree with average structure and systemic health and with problems that can be corrected with moderate maintenance. A tree with a codominant stem not in the basal area that will be subordinated or cabled and braced or a codominant stem that will soon have included bark can be included as a #3. A tree with a rating of #3 has average appearance, crown density and live crown ratio and should be preserved if possible. 4- A tree with a rating of 4 has good structure and systemic health with minor problems that can be easily corrected with minor maintenance. The tree should have an attractive appearance and be essentially free of any debilitating disease or insect problem. The tree should also have above average crown density and live crown ratio. Mature trees exhibiting scars, old wounds, small cavities or other problems that are not debilitating can be included in this group particularly if they possess unique form or other aesthetic amenities relating to their age. A tree with a rating of 4 is valuable to the property and should be preserved. 5 — A tree with very high live crown ratio and exceptional structure and systemic health and virtually free of insect or disease problems or nutritional deficiencies. A tree in this category should have a balanced crown with exceptional aesthetic amenities. A tree in this category should be of a species that possesses characteristics inherent to longevity and withstanding construction impacts. A tree with a #5 rating lends considerable value to the site and should be incorporated into the site design. A tree with a #5 rating is worthy of significant site plan modification to ensure its preservation. 6 — A specimen tree. A specimen tree is a tree that possesses a combination of superior qualities in regards to systemic health, structural strength, crown density, live crown ratio, form (balanced crown), overall aesthetic appeal, size, species, age and uniqueness. A great effort should be made to preserve a specimen tree including shifting structures that would adversely impact the tree. In addition, a specimen tree should have an undisturbed _area equal to its dripline (equal to the branch spread) to grow in. Only an experienced and competent International Society of Arboriculture (I.S.A.) Certified Arborist should be allowed work on a specimen tree. Comments: The comment section serves to note observations relative to the tree but not covered in the inventory data or expands on information in the inventory data. It may ORIGINAL RECEIVED XN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 0 include maintenance recommendations to improve the tree's overall condition rating. It may also have recommendations on whether to remove or preserve a tree. NOTE: A tree inventory is typically valid for 3 -5 years. However, events such as drought, lightning, mechanical root damage, freeze, improper maintenance and severe storms can downgrade the rating value of a tree. Conversely, remedial maintenance can upgrade the value. If you suspect that a tree has been adversely affected, have the tree inspected by a qualified International Society of Arboriculture (ISA) Certified Arborist. Note: Whenever possible it is advised to adhere to inventory recommendations when selecting trees to be preserved. For example, trees rated 4.0 and higher should be preserved if at all possible, while trees rated 2.0 and lower should be removed unless otherwise noted in the inventory. Trees rated 2.5 are generally recommended for removal unless remedial work is performed to upgrade them. Trees rated 3.0 and 3.5 are average trees that have good potential and warrant serious consideration for preservation but not to the extent that site plan modifications are necessary. Per City of Clearwater requirements the inventory will provide ratings based on the 0 — 6 range with zero being a dead tree and six being a specimen tree. Increments of 0.5 are used to increase accuracy. Trees with a rating of 3.0 or higher are considered worthy of preservation if site design permits. Tree sizes are listed by trunk diameter at 4.5' above grade unless there is a fork in the trunk at that point, then the diameter is measured at the narrowest trunk area between the fork and the grade. Palms are listed by the height of the clear trunk (CT) existing between grade and the beginning of the bud. This tree inventory was conducted on January 14, 2007. The weather was sunny and visibility was good. Trees listed on the Florida Pest Plant Council's category one list for invasive exotic plants are given a rating of 1.0 and recommended for removal. They will be noted in the comments section as "invasive exotic". City of Clearwater code requires protected tree species that are 4" in trunk diameter or greater to be included in the inventory if they are within 25' of the property line. All trees in the inventory that occur off -site and within 25' of the property line will be listed with an asterisk that follows the tree's number. ORIGINAL, RECEIVED .JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CL.EARWATER 0 a Tree Inventory Tree# Size Species Ratine 1 — 10* Y — 3.5" live oak (Quercus virginiana) N/A Comments: Trees 1 -10 are recently planted live oak trees that occur very close to the southern property line. 11. 9" live oak 3.5 12. 9" live oak 3.5 13. 9" live oak 3.0 Comments: This tree is a good overall tree but has included bark in the crotch 6' above grade. If this tree is preserved this structural defect can be mitigated through cabling and bracing procedures or through structural pruning. Cabling and bracing are arboricultural procedures that require placing steel rods and cables into a tree to secure weak branches. Cabling and bracing procedures should only be performed by an ISA Certified Arborist and in compliance with the ANSI A300 standards relative to cabling and bracing operations. Structural pruning is a specialized pruning that establishes a central leader by subordinating competing branches. It should only be performed by an ISA Certified Arborist trained in the procedure. 14. 4" live oak 2.5 15. 9" live oak 1.0 16. 6" water oak (Quercus nigra) 1.0 17. 14" live oak 2.5 18. 12" live oak 2.0 19. 20" live oak 3.0 20. 5" live oak 2.5 21. 4" live oak 2.0 22. 20' CT Washington palm (Washingtonia robusta) 5.0 Comments: This palm is very healthy with a beautiful appearance. However, the dead fronds are clinging to the trunk and can be removed to enhance the appearance. 23. 16" live oak 3.5 24. 20" live oak 4.0 25. 6" live oak 3.0 26. 16" live oak 2.5 Comments: This tree has a weak codominant attachment at the base with tree #27. This attachment can lead to future failure and this tree should only be preserved if the trees are cabled and braced together. 27. 14" live oak 2.0 Comments: See note for tree # 26 above. 28. 6" live oak 3.0 29. 5" live oak 3.0 30. 7" live oak 3.5 31. 4" live oak 2.0 32. 5" live oak 2.5 33. 4 ", 4 ", 5 ", 6" Coastal Plains willow (Salix caroliniana) 3.0 Comments: The Coastal Plains willow is a tree that grows in freshwater wetlands and as this area appears to be drying out the tree will not survive unless the area is re- hydrated. 34. 5 ", 5 ", 6" Coastal Plains willow 3.0 Comments: See note for tree #33 above. 35. 5" laurel oak (Quercus laurifolia) 4.5 36. 4" live oak 3.0 37. 5" live oak 3.5 ORIGINAL 38. 5" wax myrtle (Myrica cerifera) 3.0 RECEIVED .W61 2 4 2007 PLANNING DEPARTMENT ,7tTv of rLEARWATER 39. 5" live oak 3.0 40. 5" live oak 3.5 41. 6" live oak 3.0 42. 4" Chinese tallow (Sapium sebiferum) 1.0 Comments: Invasive exotic 43. 5" live oak 3.5 44. 5 ", 5" live oak 2.0 45. 5" live oak 3.0 46. 22" live oak 3.5 Comments: This tree has good form but has a slight inclusion in the main crotch that could be corrected through cabling and bracing. Recommend cabling and bracing the west leader. 47. 11" water oak 2.0 48. 14" live oak 3.5 49. 12" live oak 2.0 50. 12" water oak 2.0 51. 9" live oak 1.5 52. 7" water oak 2.0 53. 13" laurel oak 3.5 54. 8" live oak 3.0 55. 5" live oak 2.5 56. 4" live oak 3.0 57. 8 ". 10" live oak 2.0 58. 22" longleaf pine (Pinus palustris) 4.0 OR1GIML RECENED .JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 59. 17" longleaf pine 3.0 60. 611, 71, 7" water oak 2.0 61. 9" longleaf pine 2.0 62. 14" longleaf pine 2.5 63. 9" sand live oak (Quercus geminata) 2.0 64. 11" water oak 3.0 65. 10" sand live oak 2.0 66. 9" sand live oak 2.0 67. 7" laurel oak 2.5 68. 5" water oak 2.5 69. 7" laurel oak 3.5 70. 9" laurel oak 4.0 71. 6" ear tree (Enterolobium cyclocarpum) 1.0 Comments: Invasive exotic. 72. 5" water oak 2.5 Field Note: Trees number 72- 81 are an intact stand of sand live oak trees and warrant preservation as a stand. The trees comprising a stand are often not highly rated as individuals because they are growing in close proximity to other trees and their appearance suffers however as a group they can have high aesthetic qualities. The overall value of the stand is rated as 3.5. 73. 9" sand live oak 2.5 74. 6" sand live oak 2.5 75. 8" sand live oak 2.5 76. 9" sand live oak 2.5 77. 6" sand live oak 2.0 ORIGIIIIAL, RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 78. 5" sand live oak 2.0 79. 4" sand live oak 1.5 80. 9" sand live oak 3.0 81. 10" sand live oak 3.0 82. 9" sand live oak 3.0 83. 4" water oak 4.0 84. T5 live oak 3.0 85. 10" live oak 3.5 86. 9" live oak 2.5 Comments: Tree has high live crown ratio but a codominant trunk with an inclusion at 6' above grade. There was a brush pile all around tree and therefore the basal area could not be examined. 87. 7" live oak 2.0 88. 8" chinaberry (Melia azedarach) 1.0 Comments: Invasive exotic. 89. 4" laurel oak 3.5 90. 5" laurel oak 3.0 FIELD NOTE: A massive pepper stand exists at this location. 91. 4" laurel oak 2.5 92. 7" live oak 3.5 93. 6" live oak 3.5 94. 17" live oak 3.5 95. 12" live oak 3.0 ORIGIML RECEIVED .!A„4 2 4 2007 PLANNING DEPARTMENT f7iw OF OLEARWATER Comments: Trees #94 and #95 have a heavy vine infestation and consequently a low live crown ratio, but they have good structure and the live crown ratio will improve once the vines are removed. 96. 9" Indian rosewood (Dalbergia sissoo) 1.0 Comments: This species is prone to freeze damage and insect attack. Recommend removal. 97. 10" live oak 3.5 98. 6" live oak 3.0 99. 5" live oak 2.5 100. 5" laurel oak 4.0 101. 4" water oak 2.0 102. 7" laurel oak 3.5 103. 5" live oak 3.0 104. 10" live oak 4.0 105. 4" live oak 3.0 106. 5" live oak 3.0 107. 7" Indian rosewood 1.0 108. 4" live oak 2.5 109. 14" water oak 1.5 110. 4" laurel oak 3.5 111. 4" live oak 3.0 112. 5" live oak 3.0 113. 4" live oak 2.5 114. 4" live oak 4.0 ORIGINAL RECEIVED 115. 4" live oak 3.0 .SAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 4b 116. 10" live oak 3.0 117. 4" live oak 3.5 118. 5" live oak 3.0 119. 5" live oak 2.5 120. 5 ", 6" live oak 2.0 121. 8" Chinese tallow 1.0 Comments: Invasive exotic 122. 8" Chinese tallow 1.0 Comments: Invasive exotic 123. 6" Chinese tallow 1.0 Comments: Invasive exotic 124. 9" Chinese tallow 1.0 Comments: Invasive exotic 125. 6" live oak 2.5 126. 4" live oak 3.0 127. 4 ", 4" wax myrtle 2.5 128. 4" live oak 2.0 129. 11" Indian rosewood 1.0 130. 5" live oak 2.5 Comments: This tree has a codominant attachment at 5' above grade that can be mitigated through structural pruning. 131. 6" live oak 2.0 132. 15" Indian rosewood 1.0 133. 5" live oak 3.0 ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 134.* 10" slash pine (Pinus elliottii) 135.* 7" slash pine 136.* 10" slash pine 137.* 9" slash pine 138. 14" live oak 139. 6" live oak 140.* 7" slash pine 141.* 9" slash pine 142. * 6" slash pine 143.* 6" slash pine 144.* 5" slash pine 145.* 4" slash pine 146.* 7" slash pine 147.* 5" slash pine 148.* 7" slash pine 149.* 8" live oak 150.* 7" slash pine 151. 7" wild tamarind (Tamarindus indica) Comments: Invasive exotic. 152. 6" wild tamarind Comments: Invasive exotic 153. 4" wild tamarind 154. 14" wild tamarind 0 4.0 3.5 5.0 3.5 1.0 1.0 3.5 3.5 3.0 3.0 3.0 3.0 4.0 3.5 4.0 3.0 3.0 1.0 1.0 1.0 1.0 OR1GINl4 RECENE® JAN 2 4 2007 PLANNING ®EPARTMENI CITY OF CLEARWATER Comments: Invasive exotic 155. 10" wild tamarind 1.0 Comments: Invasive exotic. 156. 6" wild tamarind 1.0 Comments: Invasive exotic 157.* 5" slash pine 3.0 158.* 5" slash pine 3.0 159.* 6" slash pine 3.5 160.* 5" slash pine 3.5 161.* 5" slash pine 3.5 162.* 7" slash pine 3.0 163.* 5" East Palatka holly (Ilex attenuata 'East Palatka) 1.0 Comments: This cultivar is being infected throughout Florida by the terminal fungus disease, Sphaeropsis gall. Recommend removal. 164.* 5" slash pine 3.0 165.* 5" slash pine 3.0 166.* 8" slash pine 3.0 167.* 5" slash pine 3.0 168.* 5" slash pine 3.0 169.* 5" slash pine 3.0 170.* 5" slash pine 3.0 171.* 5" slash pine 3.0 172.* 4" slash pine 3.0 173.* 6" slash pine 3.0 ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 ft 174.* 4" slash.pine 3.0 175.* 5" slash pine 3.5 176.* 6" slash pine 3.5 177.* 4" slash pine 3.5 178.* 5" slash pine 3.0 179.*. 4" slash pine 2.0 180.* 5" slash pine 3.0 181.* 5" slash pine 3.0 182.* 6" slash pine 3.5 183.* 5" slash pine 3.0 184.* 8" golden trumpet tree (Tabebuia chrysotricha) 3.5 185.* 5" slash pine 3.0 186.* 5" slash pine 3.0 187.* 7" golden trumpet tree 1.5 188.* 5" slash pine 3.0 189.* 5" slash pine 3.0 190. 9 ", 5 ", 5 ", 7 ", 10" Chinese tallow 1.0 Comments: Invasive exotic 191.* 4" slash pine 2.5 192.* 7" golden trumpet tree 2.0 193.* 5" slash pine 2.0 194.* 4" slash pine 3.0 195.* 4" slash pine 3.0 ORIGINAL RECEIVED N 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER • 196.* 5" slash pine 197.* 6" slash pine 198.* 5" slash pine 199.* 6" slash pine 200.* 5" slash pine 201.* 4" red maple (Acer rubrum) 202.* 5" slash pine 203.* 8" bald cypress (Taxodium distichum) 204.* 5" slash pine 205.* 5" bald cypress 206.* 7" slash pine 207. 4" live oak 208. 6" live oak 209. 4" live oak 210. 4" live oak 211. 4" live oak 212 4" Chinese tallow Comments: Invasive exotic • 3.5 3.5 3.0 3.5 3.5 2.5 3.5 4.0 3.5 4.0 3.5 2.5 1.5 1.5 2.0 2.0 1.0 213. 4 ", 4" live oak 1.5 214. 9" Chinese tallow 1.0 Comments: Invasive exotic 215. 4" live oak 2.0 GRIGIML RECEIVED 216. 8" Chinese tallow 1.0 1N 2 4 2007 PLANNING DEPARTMENT CeTV OF CLEARWATER 0 0 Comments: Invasive exotic 217. 4" Chinese tallow 1.0 Comments: Invasive exotic 218. 5" live oak 1.5 219. 4" live oak 2.0 220. 6" live oak 2.0 221. 6" live oak 1.5 222. 4 ", 4 ", 4 ", 6" wax myrtle 1.0 223. 12" Chinese tallow 1.0 Comments: Invasive exotic 224. 10" Chinese tallow 1.0 Comments: Invasive exotic 225. 6" Chinese tallow 1.0 Comments: Invasive exotic 226. 4" Chinese tallow 1.0 Comments: Invasive exotic 227. 6" Chinese tallow 1.0 Comments: Invasive exotic 228. 4" live oak 2.0 229. 12" Chinese tallow 1.0 Comments: Invasive exotic 230. 13" live oak 3.5 ORIGINAL RECEDED 231. 4" slash pine 1.0 AN 2 4 2007 PLANNING DEPMTMENT CITY OF CLEARINATER 0 • 232. 4" slash pine 0.0 Comments: Dead tree 233. 4 ", 4" live oak 1.5 234. 4" live oak 2.0 235. 4" slash pine 2.0 236. 4" slash pine 3.0 237. 5" slash pine 3.0 238. 6" slash pine 2.0 239. 6" slash pine 3.5 240. 6" slash pine 3.5 241. 7" slash pine 4.0 242. 5" slash pine 3.5 243. 7" slash pine 4.0 244. 4" slash pine 3.0 245. 6" slash pine 3.5 246. 8" slash pine 3.5 247. 5" slash pine 3.0 248. 5" slash pine 3.5 249. 7" slash pine 3.5 250. 6" slash pine 3.5 251. 6" slash pine 3.5 252. 6" slash pine 3.5 253. 6" slash pine 3.5 ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 ft 254. 4" slash pine 0.0 Comments: Dead tree 255. 5" slash pine 3.0 256. 6" slash pine 2.0 257. 6" slash pine 3.5 258. 6" slash pine 3.5 259. 5" slash pine 3.5 260. 6" slash pine 2.0 261. 6" slash pine 1.5 262. 5" slash pine 1.5 263. 6" slash pine 0.0 Comments: Dead tree 264. 7" slash pine 2.0 265. 5" slash pine 2.0 266. 6" slash pine 2.0 267. 5" slash pine 2.5 268. 5" slash pine 3.5 269. 6" slash pine 3.5 270. 4" slash pine 3.0 271. 9" slash pine 3.5 272. 6" slash pine 3.5 273. 8" slash pine 3.5 274. 4" Woman's tongue (Albizia lebbeck) 1.0 ORIGINAL RECEIVED JAIN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 0 0 Comments: Invasive exotic 275. 4" slash pine 276. 6" slash pine 277. 4" slash pine 278. 5" slash pine 279. 6" slash pine 280. 8" slash pine 281. 4" slash pine 282. 5" slash pine 283. 4" slash pine 284. 7" slash pine 285. 6" slash pine 286. 6" slash pine 287. 4" slash pine 288. 6" slash pine 289. 5" slash pine 290. 7" slash pine 291. 5" slash pine 292. 7" slash pine 293. 6" slash pine 294. 10" slash pine 295. 6" slash pine ORIGINAL 296. 7" slash pine RECEIVED JAN 2 4 2007 PLANNING ®EPARTMEN c CITY OF CLEARWATER 2.5 3.5 3.5 3.5 3.5 3.5 3.0 3.0 3.0 3.0 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 • r 297. 5" slash pine 298. 4" slash pine 299. 4" slash pine 300. 7" slash pine 301.. 7" slash pine 302. 9" slash pine 303. 5" slash pine 304. 7" slash pine 305. 5" slash pine 306. 4" slash pine 307. 4" slash pine Comments: Dead tree 308. 4" slash pine Comments: Dead tree 309. 6" slash pine 310. 5" slash pine 311. 7" slash pine 312. 8" slash pine 313. 5" slash pine 314. 4" slash pine 315. 5" slash pine 316. 7" slash pine ORIGINAL. RECEIVE[ 317. 6" slash pine -JAN 2 4 207 PLANNING DEPARTMENT CITY OF CLEARWATER 3.5 2.5 3.0 3.5 3.5 3.5 3.0 3.5 3.0 2.0 0.0 11 3.0 2.0 3.0 3.0 3.0 2.0 2.5 3.0 3.0 a 0 318. 5" slash pine 319. 7" slash pine 320. 6" slash pine 321. 5" slash pine 322. 4" slash pine Comments: Dead tree 323. 5" slash pine 324. 4" live oak 325.* 5" slash pine 326.* 10" slash pine 327.* 5" slash pine 328.* 4" slash pine 329.* 7" slash pine 330.* 5" slash pine 331.* 4" slash pine 332.* 5" slash pine 333.* 4" slash pine 334.* 6" slash pine 335.* 6" slash pine 336.* 8" slash pine 337.* 4" East Palatka holly 338. 7" slash pine ORIGINAL RECEIVED 339. 6" slash pine JAN 2 4 2001 PLANNING DEPARTMEN't CITY OF CLEARWATER 3.0 2.0 1.5 2.0 0.0 1.5 2.0 2.5 3.0 2.0 2.0 3.0 2.0 2.0 2.0 1.5 2.0 2.0 3.0 1.0 3.0 3.0 r-� u • 340. 7" slash pine 3.0 341. 6" slash pine 3.0 342. 10" slash pine 3.0 343. 8" slash pine 2.5 344. 10" slash pine 3.0 345. 8" slash pine 2.5 346. 12" slash pine 2.0 347. 6" slash pine 3.0 348. 6" slash pine 0.0 Comments: Dead tree 349. 22" live oak 3.5 ORIGINAL RECEIVED .SAN 2 4 2007 PLANNING DEPARTMEN CITY OF CLFARVUATFr' One Southeast Third Avenue Suite 3050 Miami, FL 33131 to 1. 305.358.2600 fax 305.375.0328 Fort Lauderdale New York New Jersey San Francisco Los Angeles Orange County Washington, D.C. Chicago London www.pecklaw.com a member of the n Intematianal '�'�: � L�CorsWCtion law Alliance Peckar & Abramson NOu. A Professional Corporation • Attorneys & Counselors at Law . Z 0 2006 DONALD S. ROSENBERG . drosenberg@pecklaw.com Memorandum TO: Mr. Paul D. Englehardt Mid Pinellas Office Park, Inc. . c/o Hallmark Development of Florida, Inc. 4500 140th Avenue North, Suite 101 Clearwater, Florida 33762 FROM: Donald S. Rosenberg DATE: November 13, 2006 pa,✓. RE: Contract dated November 2, 2006 between PPL Land Investments, LLC, the Seller, . and Mid Pinellas Office Park, Inc., the Buyer, covering property at 355 P ark Place Boulevard, Clearwater, Florida Enclosed is copy of Easement and Restrictive Covenant Agreement dated April 25, 1985, between Gulf Bay Venture and MDC Associates 81 -A, Ltd., recorded in Official Records Book 5978, at Page 2110, of the Pinellas County Public Records. This Easement is listed as Item 9 of Schedule B — Section 2 of the Title Commitment sent to your with my November 10, 2006 letter and through inadvertence might not have been included with my letter. . DSR:rzr Enclosure Rosenberg i ORIGINAL !RECEIVED JAN 2 4 2097 PLANNING DEPARTMENT CITY OF CLEARWATER L_ I ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 1 of 36 :'dex-. 522855761a Comment.: Nall JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATFP 01 Cash 11 Chi AD Pee 41 Do 85084093 431111 ff. 5978 w2110 yet BEMENT AND RESTRICTIVE ENT vs. 19 147035G.' 72 1. _jRLBS 1.t.4blp Tax Pd-%� Karleen F. De Blake,, Clerk, PMC112 coimtf sy" ty owu THIS EASEMENT AGREEMENT, made this Z&le day of 1985, by and between GULF BAY VENTURE, a general partnership under the -laws Of the State of Florida, composed of Metropolitan Life Insurance Company, a Now York corporation, and GB Associates. Ltd., a Georgia limited partnership (herein referred to as •Venture'), and MDC ASSOCIATES 81-A, LTD., a Georgia limited partnership (herein referred to as 'MDC,); WHEREAS. Venture Is the fee-simple owner of the "t 5. below-defined Venture Tract: and WHEREAS, MDC is the fee -simple owner of the below- defined MDC Tract; and 4 WHEREAS, the below-defined Venture Tract and MDC Tract are adjacent-and contiguous to one another; and WHEREAS, Venture and MDC wish to enter Into certain easement agreements and other agreements with respect to each y 11 party's use of the below-defined Venture Tract and MDC Tract; NOW. THEREFORE. for and in consideration of Ton And No/100ths Dollars ($10.00), In hand paid each to the other, the benefits accruing to each of the parties hereto of and from the y. easements and restrictions created hereby, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, hereby agree as follows: This instrument prepared by: (7111 �M5 _4 IMMUTIPM Kenneth R. McCullough, Esq. Class, McCullough, Sherrill & Shaifer 1409 Peachtree Street, N.E. Atlanta, CA 30309 ORIGINAL RECEIVED L_ I ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 1 of 36 :'dex-. 522855761a Comment.: Nall JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATFP - .D� 4.5$78 'eGf211i DEFINITIONS Access and Parking Easement shall refer to a non- exclusive easement, right and privilege appurtenant to and running with title to each of the Venture Tract and the MDC Tract, as the case may be, for the purpose of pedestrian and vehicular ingress, egress, use and parking over and across the driveway, parking and common areas of the Venture Tract and MDC Tract, respectively, as such areas may be located and relocated from time to time, such passage and use to be in common with Venture and MDC, and their respective tenants, licensees, guests, legal representatives, successors and assigns. The Access and Parking Easement shall specifically include a right, privilege and easement of the owner of the MDC Tract and its tenants, licensees, guests, legal representatives, successors and assigns to use the driveway and other passage areas hereafter constructed on or over the Venture Tract for pedestrian and vehicular access, ingress and egress to and from the MDC Tract, Venture Tract and rights -of -way adjacent thereto. Notwithstanding anything contained herein to the contrary, this easement shall include the right to install curb cuts along the boundary lines of the Venture Tract and the MDC Tract at locations so as to permit access to the driveways and parking areas of each tract, including without limitation at those points identified as '25' Linear Access Easements' on those, -2- � 1 i i - r G c i t _...... - - - -- ..... ........._ .._.....-._�— - ...._._._.�_� !ems t6:� . ORIGINAL ,. RECEIVED IAN 2 4 ZQQI (v" . PLANNING DE"'Rl"EN1 CIT, OF CI.EARWATFR escription: Pinellas,FL Document -Book. Page 5978.2110 Page: 2 of 36 rder: 522855761a Comment: L M6 'IV ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 3 of 36 -der-: 522855761a Comment: I . ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWA"P Z. .0-t. 6978 xr2112 certain boundary sketches entitled respectively 'East Outparcel - Tract I" and "West Outparcel - Tract 10 dated September 23. 1983, prepared by Post. Buckley. Schuh & Jernigan, Inc. Boundary Line shall refer to the common boundary line between the Venture Tract and the MDC Tract. Construction Easement shall refer to a non - exclusive easement over, across and under the Venture Tract or the MDC Tract, as the case may be, In favor of the other parties hereto and appurtenant to, and running with, the title to each Tract. (a) for access, ingress, egress and movement (but not parking) of construction vehicles and equipment used by either party for the construction of Improvements on each Tract. (b) for connection by the owners of the Tracts.- pursuant to the MDC and Venture Utility Easements, of any utility lines serving improve- ments hereafter constructed thereon, and (c) for connection by the owners of the Tracts, pursuant to the MDC and Venture Drainage Easements, of any drainage lines; provided, however, each I party hereto hereby agrees to exercise Such Construction Basement in such a manner as not to Interfere unreasonably with the operation of any business on the Tract and to repair any damage to the Tract over which the Construction Easement was exercised promptly after such damage occurs. Effective Date shall refer.to the postmark date of any notice or other communication, if mailed in accordance with the terms of this Agreement, or the actual date of delivery of any notice or other communication, If delivered by hand. -3- L M6 'IV ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 3 of 36 -der-: 522855761a Comment: I . ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWA"P ,xt -2113 Emergency Maintenance Easement shall refer to a non- exclusive easement over, across and under any of the Venture Tract or the MDC Tract, as the case may be, in favor of the other party and appurtenant to, and running with the title to such party's title to his or its Tract for the purposes of, and .to be exercised only in accordance with, and upon the terms and conditions described in, Section 8 below. Encroachment Easement shall refer to a non- exclusive easement for encroachments of Buildings or Pavement over any `. common boundary line between any Tracts onto another Tract, E which arise out of, or are necessitated by, normal construction deviations and tolerances. !4 Improvements shall refer to any permanent building or structure hereafter erected on all or any portion of the ! Venture Tract or MDC Tract. The term `Improvements' as used in this Agreement shall not be deemed to include any Pavement. /1! MDC shall refer to MDC Associates 81 -A, Ltd., a Georgia limited partnership, and its heirs and assigns and successors in title to the MDC Tract. MDC Drainage Easement shall refer to a non - exclusive easement over, across and under the.Venture.Tract in favor of MDC and appurtenant to, and running with title to, the MDC Tract, for the flow of surface waters onto, over and under the Venture Tract, both naturally, and upon construction, through such drainage pipes, culverts and retention areas as the ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATFP escription: Pinellas,FL Document -Book. Page 5978.2110 Page: 4 of 36 rder: 522855761a Comment: 1 Venture may hereinafter construct on, over and under the Venture Tract for the discharge of surface water from the Venture Tract pipes and conduits. MDC Sewer Lines shall refer to the sanitary sewer 4. lines constructed by MDC pursuant to the MDC Utility Easement, 1. or the sewer lines located on the MDC Tract. 1. XDC Tract shall refer to all that tract or parcel of land lying and being in Pinellas County, Florida and being more particularly described on Exhibit A attached hereto and made a ` part hereof by this reference. MDC Utility Easement shall refer to a non - exclusive easement over , across and u nd er those portions of the Venture . Tract, at locations that are mutually acceptable to the i. parties, and that do not interfere with the construction and use of Improvements, in favor of MDC and appurtenant to, and li running with the title to, the MDC Tract, for the purpose of: ':r:? ±•.,, ::, (a) constructing and maintaining sanitary sewer lines between f. the Venture Sewer Lines and the MDC Tract, tapping onto and ( ` discharging sewage effluent from Improvements on the HDC Tract, I.= into and through the Venture Sewer Lines, and (b) constructing . and maintaining utility lines between the Venture Utility Lines and the MDC Tract, including without limitation, all electricity, natural gas, water, telephone and other utility lines, pipes and culverts. 1 i -5- . [:.. -... ORIGINAL RECEIVED JAN 2 4 2007 i PLANNING DEPARTMENT CITY OF CLEARWATER =_scription: Plnellas,FL Document -Book. Page 5978.2110 Page: 5 of 36 cder: .522855761a Comment: . - 5978 :u-2115 MDC Utility Lines shall refer to the utility lines constructed by MDC pursuant to the MDC Utility Easement or the utility line located on the MDC Tract. Nourevairina Party shall refer to the party that receives the first notice as to a need for repairs to the Party Walls. Party Wall shall refer to the common wall of the Venture Building and the MDC Building. Party Wall Basement shall refer to an exclusive easement, right and privilege appurtenant to and running with title to the Venture Tract and to the MDC Tract, as the case may be, in and to those portions of the Party Wall not owned by the party in whose favor the easement is created, (a) for its use and the use of its customers, .tenants, employees, agents, guests, invitees and licensees, (b) as a wall of structures and Improvements now or hereafter constructed on its respective Tract, (c) for - support of structures and improvements now or. hereafter located on its respective Tract, consistent with the original design and construction of the Party Wall, (d) for maintenance, repair, removal, replacement, rebuilding and restoration of all or any portion of the Party Wall, (e) for the construction, installation, connection, repair, replacement, maintenance and restoration of joists, beams, walls, roofs, floors,. ceilings, support structures, appurtenances thereto, roofing, flooring, ceiling and other -6- i l � • c -- '!e1 ORIGINAL RECEIVED JAN 2 4 2007 PLANNING ®EPARTNIENi CITY OF CLEARWATER escription: Pinellas,FL Document- Book.Page 5978.2110 Page: 6 of 36 rder: 522855761a Comment: materials, all as may be necessary or desirable for the support ,(as originally designed and constructed), protection, preservation and decoration of walls, roofs. floors and ceilings and appurtenances thereon and for continued use and occupancy of all or any part of the structures and improvements .now or hereafter located on the respective Tracts, and (f) to add thickness and support to the Party Wall, provided that such added thickness and support is located on the side of the Party Wall facing the Tract owned by the party undertaking the work i and provided such added thickness and support does not injure j the improvements on the other party's Tract and does not impair the other party's use and benefit of the Party Wall as provided , ( by this Agreement. Pavement shall refer to concrete or asphalt surface or other covering installed over any parking or other common area ; of any portion of any of the Tracts. Repairing Party shall refer to the party that gives `• the first notice as to a need for repairs to the Party Malls. Tract or Tracts shall refer to, individually or t I' collectively, the Venture Tract and the MDC Tract. Venture Drainage Basement shall refer to a non- exclusive easement over, across and under the MDC Tract in favor of Venture and appurtenant to, and running with the title to, the Venture Tract for the flow of surface waters onto, over and under the MDC Tract, both naturally, and upon construction, z escription: Pinellas,FL Document: - Book.Page 5978.2110 Page: 7 of 36 rder: 522855761a Comment: I , ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER • 1.1.59?6 Au2117 through such drainage pipes. culverts and retention areas as 14DC may hereafter construct on, over or under the !DC Tract for the discharge of surface waters from the Venture Tract. Venture Utility Easement shall refer to a non - exclusive easement over. across and under those portions of the IMC Tract, at locations that are mutually acceptable to the parties, and that do not interfere with the construction and use of Improvements, in favor of Venture and appurtenant to and running with the title to, the Venture Tract and for the purpose of: (a) constructing and maintaining sanitary sewer lines between the MDC Sewer Lines and the Venture Tract, tapping onto and discharging sewage effluent from any Improvements hereafter located on the Venture Tract into and through the HDC Sewer Lines, and (b) constructing and maintaining utility lines between the MDC Utility Lines and the Venture Tract, including without limitation all electricity. natural gas, water, telephone and other utility lines, pipes and conduits. Venture Sewer Lines shall refer to the sewer lines constructed pursuant to the Venture Sewer. Easement or.the sewer lines located on the Venture Tract. Venture Tract shall refer to those tracts or parcels of land lying and being in Pinellas County, Florida and being more particularly described on Exhibit B attached hereto and made a part hereof by this reference. -8- v ascription: Pinellas,FL Document- Book.Page 5978.2110 Page: 8 of 36' -der: 522855762a Comment: i f.. J / t ORIGINAL RECEIVED .SAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER • T9.5978 --w2ii8 Venture Utility Lines shall refer to the utility lines constructed by Venture pursuant to the Venture Utility Easement, or the utility lines located on the Venture Tract. Mork shall refer to any maintenance, repair, replace- ment or restoration work or services performed by either of Venture or NDC pursuant to any easement described in this Agreement. a. CREATION OF EASEMENTS BY VENTURE 2.01 Venture hereby grants and conveys to MDC, (a) the Access and Parking Easement, Construction Easement, Encroachment Easement and Party Wail Easement, and (b) the MDC Drainage Easement and MDC Utility Easement. 3. CREATION OF BASEMENTS BY MDC 3.01 MDC hereby grants and conveys to Venture, (a) the Access and Parking Easement, Construction Easement, Encroachment Easement and Party Wall Easement, and (b) the Venture Drainage Easement and Venture Utility Easement. 4. RESTRICTIONS RELATING TO PARKING 4.01 Each party shall require, whether through restrictions in leases for Improvements or otherwise, that the employees, licensees, guests and invitees of any tenants or other occupants of any Improvements constructed on each party's respective Tract not park any vehicles in any parking or other -9- escription: Pinellas,FL Document -Book. Page 5978.2110 Page: 9 of 36 rder: 522855761a Comment: i i. . i 1 i ORIGINAL RECEIVED .IAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATEP _i • 11.59 76 uf2119 driveway or access areas of the other party's Tract(s). 4.02 Each party shall use his or its common areas and parking, driveway and access areas so as not to interfere unreasonably with the conduct of business an the other party's Tract(s). 4.03 Each party may temporarily deny access to and from his or its Tract(s) and the other Tract(R) for the purpose of (a) constructing or maintaining the parking, driveway, access and common areas thereon, and any sewer or utility facilities located thereon or thereunder; (b) preventing the public from obtaining prescriptive rights in and to any portion thereof; or (c) doing and performing such acts on such party's Tract as it deems necessary or desirable in connection with the development of its respective Tract. 4.04 HDC and Venture each shall independently maintain during the term of this Agreement, on the MDC Tract and Venture Tract, respectively, not less than three (3) parking spaces for each 1,000 square feet of leaseable floor space contained within all Improvements constructed or located on each party's respective Tract. 6. RESTRICTIVE COVENANTS 6.01 Without the prior written consent of either MDC or Venture, as the case may be, neither MDC nor Venture shall operate, or allow to be operated, on any portion of any Tract -10- ascription: Pi.nellas,FL Document: - Book.Page 5978.2110 Page: 10 of 36 -dery 522855761a Comment: f 1 s. 4. 1 k � f t ORIGINAL, RECEIVED .SAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER- f i- 5878 ;'AU2120 any bowling alley, billiard parlor, night club or other area or business which serves alcoholic beverages; provided, however, either MDC or Venture shall have the right to operate or allow to be operated on its or their respective Tracts any restaurant or similar business in which the serving of alcoholic beverages In incidental to its food service operation. 6.02 Neither MDC nor Venture shall construct any Improvements on any Tract in such a manner, or use any Improvement for any purpose which may cause, or result in any increase in any fire insurance premium for any Improvements constructed on the other Tracts. 6.03 Neither party shall cause or allow any signs to be constructed or maintained on any Tract except signs relating to businesses conducted on such Tract. Any such permitted signs shall be architecturally compatible with the design of the Improvements on the Tracts, shall not detract materially from the appearance of such.Tract and shall not interfere with the access, ingress or egress to and from any Tract. 6.04 Upon completion of the installation of the various pipes, culverts, lines and other improvements for the various easements granted hereunder, (a) MDC shall cause to be prepared an as -built survey showing such MDC Utility Easement, MDC Drainage Easement, Venture Utility Easement and Venture Drainage Easement, all of which shall be limited to such area lying five (5) feet either side of such pipes, culverts, lines -li- r I ORIGINAL RECEIVED JAN 24 2007 PLANNING DEPARTMENT CITY OF CLEARWATER _scription: Pinellas,FL Document -Book. Page 5978.2110 Page: 11 of 36 rder: 522855761a Comment: 0.0, 5978 "AcE21 1 and other improvements. Each party hereto hereby agrees to execute such amendments hereto and modifications hereof, as either party may reasonably require so to limit the location of such easements. 7. COVENANTS RELATING TO PARTY WALL EASEMENTS 7.01 Repairs. In the event any repairs are necessary to any portion of the Party Wall (which repairs are other than minor cosmetic repairs) including, without limitation, structural repairs, each party shall pay an equal share of the cost and expense of such repairs. Either Venture or MC shall give to the other party written notice stating that such repairs are necessary, together with a written estimate from a reputable, financially capable contractor of the nature and cost of such repairs. In the event the Non - Repairing Party: (1) does not provide the Repairing Party with a comparable written estimate from a reputable, financially capable contractor of the nature and cost of such repairs which is lower in amount than the original estimate submitted by the Repairing Party within sixty (60) days of the Effective Date of the first notice, or (ii) does provide the Repairing Party with such a comparable written estimate from a reputable, financially capable contractor of the nature and cost of such repairs Which is lower in amount than the original estimate submitted by the Repairing Party within said sixty (60) day -12- ascription: Pinellas,FL Document- Book.Page 5978.ZZZ0 Page: 12 of 36 Eder: 522855761a Comment: , ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER -13- escripti.on: Pinellas,FL Document -Book. Page 5978.2210 Page: 13 of 36 cder: 522855761a Comment: ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 77M ; . U- 5g76 -Aa.2122 period, but the Non - Repairing party thereafter falls to promptly commence construction of such repairs; then in either event, the Repairing Party may cause all such repairs to be completed in accordance with the Repairing Party's original estimate and thereafter submit a written statement itemizing the costs and expenses incurred in connection therewith to the ; t '- Non- Repairing Party. The Non - Repairing Party shall be liable for one -half of the total of such written statement which amount shall be due and payable within thirty (30) days after the Non - Repairing Party's receipt thereof, and shall.accrue s` interest at the rate of twelve percent (12%) per annum, or the t highest lawful rate then allowed under applicable law, whichever is lower, from the date of such statement until f _ paid. However, in the event that the Non - Repairing Party does provide the Repairing Party with such a comparable written estimate which is lower in amount than the estimate submitted by the Repairing Party, then the Non - Repairing Party may promptly cause all such repairs to be completed and thereafter shall submit a written statement itemizing the costs and C. expenses incurred in connection therewith to the Repairing Party. The Repairing Party shall be liable for one -half of the total of such written statement, which amount shall be due and payable within thirty (30) days after the Repairing Party's F i receipt thereof, and shall accrue interest at the rate of i twelve percent (12 %) per annum or the highest rate then allowed r - -13- escripti.on: Pinellas,FL Document -Book. Page 5978.2210 Page: 13 of 36 cder: 522855761a Comment: ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER under applicable law, whichever is lower, from the date of such statement until paid. If either party fails to make such payment within such thirty (30) day period and the party entitled to payment hereunder retains an attorney to collect such amount owed it, the party which fails to make such payment within such period shall also pay ten percent (10 %) of the r amount due and payable as attorney's fees and costs of collection. Notwithstanding the foregoing, in the case of emergency, the procedures set forth herein concerning notice shall not apply. pp y, and the provisions of the Emergency � Maintenance Easement set forth in Part a shall govern. 7.02 Restrictions. No party shall impair the enjoyment by the other party of the benefits, uses and support to which it is entitled under this Party Wall Easement. No party shall use the Party Wall or exercise any of the rights, uses, duties or benefits granted to it under the Party Wall Easement in such a manner that it interferes unreasonably with the other party's use and enjoyment of its Tract and the Improvements thereon. No party shall damage, destroy, demolish, r I remove, move or structurally alter all or any part of the Party f .. Wall without the prior written consent of the other Tract Owner, which consent may not be withheld unreasonably. 7.03 Damage or Destruction by Casualty. In the event 4. all or any part of the Party Wall is wholly or partially damaged or destroyed by any casualty, then the following shall occur: ✓ , t .t -lA- ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER escription: Pinellas,FL Document -Book. Page 5976.2110 Page: 14 of 36 rder: 522855761a Comment: I . 5978 :n 21,24 (a) Each party shall give to the other written notice within sixty (60) days of the date of such damage or destruction stating whether it shall continue to operate the Improvements located on the Venture Tract or !!DC Tract, as the case may be, and accordingly, use the damaged or destroyed Party Wall or portions thereof or whether it will no longer use such Party Wall or portions thereof in connection with its Improvements on the Venture Tract or MDC Tract, as the case may be. (b) In the event that both parties elect to use the damaged Party wall, the parties shall cause such damaged Party Wall to be reconstructed either according to the original plans and specifications therefor or according to such other plans and specifications agreed upon by-the parties. Each party shall pay an equal share for the costs and expenses of the reconstruction of such damaged party wall; provided, however, that if either party fails to pay when due and payable, any portion of its share of such costs and expenses, the other party shall have the right, but not the obligation, to make any such payment, or portion thereof, and to send a written statement to the non - paying party, specifying the amount so paid on its behalf, which shall be due and payable upon receipt by such party. Said amount so due from the non - paying party shall accrue interest from the date on which the non - paying party made such payment at the rate of twelve -15- I , s f. f. s. ORIGINAL RECEIVED �. JAN 2 4 2007 PLANNING DEPARTMENT \ CRY OF CLEARWATER !scripti.on: Pinellas,FL Document- Book.Page 5978.2110 Page: 15 of 36 -der: 522855761a Comment: percent (121) per annum or the then highest rate chargeable under applicable law, whichever is lower. If the non - paying party retains an attorney to collect such amount, the non- paying party shall also pay ten percent (101) of the amount due and payable as attorneys' fees and costs of collection. (c) In the event that either party elects in i '• writing within the sixty (60) day period set forth in (1) above not to continue to use the damaged Party Wall or portions thereof, then such party shall have no responsibility whatsoever to share the costs and expenses of the reconstruction or repair of such damaged Party Wall; provided, f however, such non - electing party shall continue to be "r responsible for the payment of any sums and the performance of ! any obligations with respect to the maintenance of such damaged i Party Wall incurred or accrued prior to the date of such damage or destruction and shall grant to the party performing any such reconstruction, repair and restoration an easement of access, Ingress and egress across the non - electing party's tract for the reconstruction, repair and restoration of such -damaged Party Wall or portions thereof and the other party timely elects not to continue to use the damaged Party Wall or portions thereof, the Party Wall Easement shall nevertheless . continue in full force and effect in accordance with the terms; f of this Agreement; provided, however, that should the party thereafter nevertheless use the damaged Party Wall or portions -16- c - ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ascription: Pinellas,FL Document: - Book.Page 5978.2110 Page: 16 of 36 rder: 522855761a Comment: • :0.x.5978 ;AG =2126 thereof as the same may be reconstructed, repaired or restored, then, such non - electing party shall be obligated to pay on demand one -half (1/2) of the costs and expenses incurred by the other party in connection with such reconstruction, repair and restoration. Such amounts due and payable thereto at the rate of twelve percent (12 %) per annum or the then highest rate chargeable under applicable law, whichever is lower. If the other party retains an attorney to collect such amounts, the non - electing party shall also pay ten percent (101) of the amount due and payable as attorneys' fees and cost of collection. (d) Notwithstanding any provision in this paragraph 7.03 to the contrary, nothing herein shall be construed or interpreted as a waiver of any obligation-to rebuild, repair or restore.any Party Wall or other improvements imposed on any party under any mortgage, deed to secure debtor other agreement executed by any party. 7.04 All construction, installation, maintenance, repair, replacement, rebuLlding or restoration work done by either party pursuant hereto shall at all times be performed in such a manner and with such materials and equipment as will be in compliance with all applicable federal, state and local laws, statutes, ordinances, codes, rules and regulations and will be in compliance with all applicable standards or requirements imposed by insurance companies Insuring the -17- :^4 escription: Pinellas,FL Document -Book. Page 5978.2110 Page: 17 of 36 rder: 522855761a Comment: ' t i r S . iz*. ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ORIGINAL RECEIVED ..JAN 2 4 2007 L- PLANNING DEPARTMENT CITY OF CLEARWATER ascription: P.inellas,FL Document -Book. Page 5978.2110 Page: 18 of 36 rder: 522855761a Comment: ' U-5978 AG,r2127 improvements on the Tracts so that insurance policy premiums charged by such insurance companies will not be increased thereby. Further, all debts and liabilities of any character, including without limitation all debts and liabilities for labor, material and equipment incurred in connection with the construction, installation, maintenance. repair, replacement, i rebuilding or restoration work done by either party pursuant hereto shall be promptly paid by such party and such party will not suffer, and hereby indemnifies the other party against any mechanics, materialmen's, labor, statutory or other liens to be filed of record upon all or any part of any property to be released from all liens securing payment of any such debts and h liabilities and (i) provides a bond or bonds for payment of same reasonably satisfactory to the.other party or (11) i -' provides other security or assurances reasonably satisfactory to the other party. EMERGENCY MAINTENANCE BASEMENT i.l.:''• 8.01 Each party hereby grants to the other party the Emergency Maintenance Easement which may be exercised in the event that a condition exists on any of the Tracts which, in the reasonable discretion of the party exercising such E. �r Emergency Maintenance Easement, poses a threat or danger of 1_ property damage or personal injury on any portion of another 1 Tract. The cost of any Work performed pursuant to such j i -18- ORIGINAL RECEIVED ..JAN 2 4 2007 L- PLANNING DEPARTMENT CITY OF CLEARWATER ascription: P.inellas,FL Document -Book. Page 5978.2110 Page: 18 of 36 rder: 522855761a Comment: ' • U'" 01'J A3 "nee2126 emergency Maintenance Easement shall be borne by the party which otherwise would have been responsible for the payment thereof, pursuant to th terms of this Agreement. 9. MAINTENANCE 9.01 At all times during the term of this Agreement, each -party hereto shall keep and maintain his or its respective Tract in a clean and sightly condition consistent with the character and quality of Improvements - constructed on the Tracts. The obligation of each party hereto contained in this Section 9 shall include, without limitation, the obligation to: (a) Maintain all Pavement on each party's respective Tract in a level, smooth and evenly - covered condition; (b) Remove all papers, debris, filth and refuse and thoroughly sweep the area to the extent reasonably necessary to keep the area in a clean and orderly condition; (c) Keep in repair any directional signs, markers and lines hereafter located on the Tracts; (d) Keep in repair such artificial lighting facilities as may hereafter be installed or located on the i r I I� i v_< I � t- Tracts; (e) Maintain all perimeter walls, if any, in a good condition and state of repair; ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER >scription: Pinellas,FL Document- Book.Page 5978.2110 Page: 19 of 36 -der: 522855761a Comment: __ (f) Maintain all landscaped areas installed or located on the Tracts in a clean and orderly condition; and (g) Maintain in good operating order all sewer, electricity, natural gas, water, telephone and other utility lines, pipes . and conduits crossing any Tract and /or serving any Improvements located thereon. 9.07 (a) ,In the event that either MDC or Venture fails to comply with any of its obligations under Section 9.01 above, and any such failure continues for fifteen (15) days after the Effective Date of a notice from the other party demanding such compliance, then either MDC or Venture, as the case may be, shall have the right to perform, at the expense of the other party, such Work as may be necessary to effect such compliance. Upon the completion of such Work, the performing party shall have the right to be reimbursed by the other party for all expenses he or it has incurred in connection with such Work within ten (10) days of the Effective Date of a written statement setting forth all such expenses. The outstanding balance of such statement shall accrue interest at the rate of twelve percent (12 %) per annum from and after the expiration of such ten (10) day period. t 10. TAXES AND LIENS ` ! 10.01 Each party hereto agrees to pay, prior to delinquency, all real and personal property taxes and -20- ORIGINAL RECEIVED JAN 2 4 2007 t M PLANNING DEPARTMENT CITY OF CLEARWATER ascription: Pinellas,FL Document -Book. Page 5976.2110 Page: 20 of 36 -der: 522655761a Comment: assessments levied against his or its Tract directly to the appropriate taxing authorities. 10.02 Each party hereto agrees to keep any other Tract on which such party may be performing Work free and clear of all nechanic's, materialmen's and laborer's liens. Subject .to Section 13.01 below, in the event any such lien or claim of lien is levied against any Tract, the party responsible for causing such lien or claim of lien to be levied shall, within ten (10) days of the Effective Date of a written notice from the party against whose Tract such lien or claim of lien was levied, bond or discharge such lien or claim of lien. 11. -INDEMNIFICATION INSURANCE AND EMINENT DOMAIN 11.01 Each party hereby indemnifies and saves the other party harmless from and against any and all liabilties, damages, expenses, causes of action, suits, claims or judgments (including, without limitation, attorneys' fees and court costs) arising from personal injury, death or property damage and occuring on or from its own Tract; provided, however, if such - personal injury, death or property damage was caused by the act or neglect of a party hereto or such party is otherwise liable therefor, then that party shall not be protected or held harmless by this indemnity. 11.02 (a) Venture and MDC each a r ith h r i i i g ee w t e other to procure and maintain in full force and effect, throughout r -21- r i i !scription: Pinellas,FL Document -Book. Page 5978.2110 Page: 21 of 36 -der: 522855761a Comment: __ ORIGINAL RECEIVED ..SAN 24 2007 PLANNING DEPARTMENT CITY OF CLEARWATER i { the term of this Agreement, general public liability insurance I and property damage insurance against claims for personal injury, death or property damage occurring upon, in or about his or its respective Tract, the insurance with respect to each I Tract to afford protection to the limit of not less than ;1,000,000.00 for injury or death of a single person and for property damage combined, to the limit of not less than I ;1.000,000.00 for any one occurrence. Venture and NDC shall each provide the other with certificates of such insurance from ) time to time to evidence that such insurance is in force. Such i - insurance may be written by additional premises endorsement on any master policy of insurance which may cover other property in addition to the Tract covered by this Agreement. Such Insurance shall provide that its coverage may not be cancelled without ten (10) days prior written notice to the other party. (b) At all times during the term of this '.� Agreement, Venture and PIDG shall each keep the Improvements on the Venture Tract and MDC Tract, respectively, insured against =� loss or damage by fire or other-perils and events as may be insured against under the broad form of Uniform Extended Coverage Clause in effect from time to time in Florida, with such insurance to be for the full replacement value of the insured Improvements. (c) Policies of insurance provided for in this Section 11 shall name Venture or HDC, as the case may be, as -az- ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 22 of 36 rder: 522855761a Comment: • i E P M I F e� ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER V�yS. . � • -.. 'jam •0:x.5578 �ac�2132 Insured as their respective interests appear, and each of thew shall receive certificates thereof. (d) Venture and NDC,.and their respective - property insurers, hereby release the other and their respective property insurers, of and from any and all claims, demands, liabilities or obligations whatsoever for damage to `. each other's property or loss of rents or profits resulting from or in any way connected with any fire or other casualty whether or not such fire or other casualty shall have been q caused by the negligence or the contributory negligence of the party being released or by any agent, associate or employee of the party being released, this release being to the extent that such damage or loss is covered by the property insurance which the releasing party is obligated hereunder to carry. 11.03 (a) Nothing herein shall be construed to give ' any other party any interest In any award or payment made to any other party in connection with any exercise of eminent domain, or transfer in lieu thereof, affecting said -other t. party's Tract or giving the public or an y government any tights In said Tract. (b) Nothing in this Section 11.03 shall prevent a tenant leasing any portion of any Tract from making a claim ! against any party hereto pursuant to the provisions of any lease between such tenant and such party hereto for all or a r portion of such award or payment. ti -23- ORIGINAL RECEIVE[ JAN 2 4 2007 �. PLANNING DEPARTIViENi CITY OF CLEARWATER ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 23 of 36 -der: 522855761a Comment: ___._ I . w 03.5978 ;nc:2133 (c) Any party hereto whose Tract is affected by any damage, destruction, condemnation or taking shall have no obligations to the other party whatsoever to restore or rebuild all or any portion of the Improvements now or hereafter located on such Tract; provided, however, each party agrees, after such damage, destruction, condemnation or taking, to restore his or Its Tract to a clean and sightly condition. 12. RELEASE FROM LIABILITY 12.01 Any person or entity acquiring fee or leasehold title (including the parties hereto) to any Tract (or any interest therein) shall be bound by this Agreement only as to the Tract or portion of the Tract (or interest therein) acquired by such person or entity. In addition, such person or entity shall be bound by this Agreement only during the period such person or entity is the fee or leasehold owner of such Tract or portion thereof (or interest therein), except as to obligations, liabilities or responsibilities that accrue during said period. Although persons or entities may be released under this Section 12.01, the easements, covenants and restrictions in this Agreement shall continue to be benefits and servitudes upon said Tracts and to run with the title thereto. -24- f i I s s /.. >scription: Pinellas,FL Document -Book. Page 5978.2110 Page: 24 of 36 -der: 522855761a Comment: ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER 3 13. O.Q, ?6 "ACEZU4 NON- PAYNNT OF TAXES AND INSURANCE 13.01 Bach party hereto shall send to the other Parties hereto, prior to the due dates therefor, copies of receipts for the payment of all ad valorem and other f assessments and charges assessed against his or its Tract, or Interest therein . and for the payment of all premiums on Insurance policies required to be maintained by such party hereunder. 13.02 (a) If any party hereto fails to pay any such f tax or assessment, as required by Section 10.01 above, prior to delinquency or any such premium of insurance, as required by Section 11 above, prior to the due date therefor, then any other party hereto may pay such tax, assessment or premium, t. and, upon submission. to the non - paying party of a written statement demanding reimbursement, together with a receipt for such payment, such party shall be entitled to reimbursement for all such amounts expended plus interest from the date of �.y.�. payment at the annual rate of twelve percent (12%) and reasonable attorneys's fees in connection therewith. ''...: (b) If the non - paying party fails to pay the amount shown on the statement described in Section 13.02(a) I� above within ten (10) days of the Effective Date of such state- 4 ment, then the party demanding such payment shall have the power and the right to place a lien upon such non - paying party's interest in any of the Tracts, which lien may be for ._S -Z5- I • ! IaV """'b"+.,:.b.1+NN.....�...... ..... a... ...+...... -..—� .... ..^^'s�+Yryrvr,lvy,.,l16Mi�pdy, . ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 25 of 36 -der: 522 855 7 61a Comment: ORIGINAL RECEIVED JAN.2 4 2007 PLANNING ®EPARTMEN) CITY OF CLEARWATER 0"',5978 -"AcF21,35 the total amount that such non-paying party may owe to such paying party under this Section 13. 14. 14.01 In the event of a breach or threatened breach .of this Agreement, only all record owners of the Tracts affected thereby shall be entitled to institute proceedings for full and adequate relief from the consequences of said breach or threatened breach. 14.02 The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the title to each Tract. This Agreement shall bind and Inure to the benefit of the parties hereto, their respective heirs, representatives, lessees. successors and assigns. 14.03 Unless otherwise cancelled or terminated, this .Agreement and all the easements, rights and obligations created hereby shall automatically terminate and be of no further force and affect upon the earlier of (a) the date on which the Tracts are no longer used for commercial retail or office purposes, or (b) fifty (50) years from the date hereof.. 14.04 The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this document nor in any way affect the terms and provisions hereof. -26- s-scription: Pinellas,FL Document -Book. Page 5979.2110 Page: 26 of 36 rder: 522855761a Comment: I ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEApWATFP .0.0.5978 ;-Aa2136 14.05 This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. The parties shall not be entitled to rely upon any statement, promise or representation not herein expressed, and this Agreement shalt not be modified or altered in any respect except by a writing executed and delivered by all parties hereto. 14.06 (a) Every notice, demand, consent, approval or other document or instrument required or permitted to be served upon or given to any party hereto shall be in writing and shall be delivered in person or sent in registered or certified form, postage prepaid, return receipt requested, addressed to the respective parties at the following addresses: MDC: MDC Associates 81 -A, Ltd. 728 West Peachtree Street Atlanta, Georgia 30308 Attn: M. Dexter Hoffman Venture: Gulf Bay Venture c/o GB Associates, Ltd. 728 West Peachtree Street Atlanta, Georgia 30308 Attn: M. Dexter Hoffman with copies to: Metropolitan Life Insurance Company One Madison Avenue New York, New York 10010 Attn: Senior Vice President, Real Estate Investments and Metropolitan Life Insurance Company 47 Perimeter Center East, N.E. Suite 650 Atlanta, Georgia 30346 Attn: Vice President or Associate General Counsel -27- i I. i P ;j I •II J I ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 27 of 36 -der: 522855761a Comment: _ ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER o.a.5878 Aa2137 Any party may change the place for service of notice by sending a notice to the other parties of the change in such party's address, which change of address shall become effective ten (10) days after the Effective Date of such notice. All such addresses shall be within the United states. (b) If a Lender has theretofore sent a written notice to a party hereto which expressly states that it is the i holder of a security interest in a Tract. describes the nature of the security interest and sets forth the name and address of such Lender, then until such party receives a written notice to the contrary from such Lender, such party shall send to such ? . Lender copies of all notices it sends, pursuant to Section 14.06(a) above, to any other party hereto. 14.07 Each party agrees with the other party that all mortgages, deeds to secure debt and other encumbrances placed upon each party's respective 'Tract for the purpose of constructing or financing the ownership of, the Improvements': - thereon shall be subordinate and inferior to the encumbrance created by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement under seal the day and year written above. MDC: Signed. sealed and ' .delivered in the MDC ASSOCIATES 81 -A, LTD., a presence of: Georgia limited partnership By: Metro Development Corporation,,. Witness General Partner Wit ese V By' Attest: --q n [ CORPORATE Ln [SIGNATURES CONTINUED ON NEXT PAGE] n.:•i•� 'Q•...••••. _. . -28- ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 28 of 36 :•der: 522855761a Comment: ORIGINAL RECEIVED .SAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWQTFP Signed, sealed and delivered in the presence of: iiine s 12, i�iitn s � , C./� Signed, sealed and delivered in the presence of: Wi nes t1-A-4, Witness [9125M1tn] -29- VENTURE: 0.0.5978 ;-AGE2138 GULF BAY VENTURE, a Florida general partnership By: Metropolitan Life rnsugA4 Company, a New York corporation, General. VICE �. :,... Attest: �..�7i1 • .��, IV1: ECORPO .AL] By: GB Associates, d., '+i�.orgia limits partner hip, G�hetal Partne By: t, Lee Terry, General Partner M. Dexter Hoffman, General Partner ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 29 of 36 cder: 522855761a Comment: ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMEN) CITY OF CLEARWATFP STATE OF COUNTY OF r 'o,e•5378 •nc�2.139 I HEREBY CERTIFY that on this date, before, me a Notary Public duly authorized in the State and County named obove to take acknowledgements, personally appeared , to me known to be the person described asSeeenr rca _ sr_ cN , of Metro Development Corporation, a Georgia corporation. in and who executed the foregoing Easement and Restrictive Covenant Agreement as General Partner of MDC Associates 81- A,'Ltd.. and acknowledged before me that that person executed the foregoing Easement and Restrictive Covenant Agreement in the name of and for that corporation; and that such person is duly authorized by Metro Development Corporation to do so; and that the foregoing Easement and Restrictive Covenant Agreement is the act and deed of that corporation as Sole General Partner of MDC Associates 81 -A, Ltd., WITNESS my hand a// //JjjnJd��-� seal in the State and County named above, this as,� day of 1985. Notary Public laro• .L r, . My Commission Expires: N•lur ate. c•oro V Sr•r. u � �. ••W � +�' • �� `:: Mr C..Ialon Expirm D•c 7,1986 -X " 7 ? '• :;.r..: • I E r I . F. F I I L� ascription: Pinellas;FL Document -Book. Page 5978.2110 Page: 30 of 36 -der: 522855761a Comment: I • ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER STATE-OF '0• 1.5978 - Aa2140 COUNTY OF I HEREBY CERTIFY that on this date, before, me a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared Vla_vr W Zim r , to as known to be the person described as AMISTANr VICE PrtUSI , of - METROPOLITAN LIFE INSURANCE COMPANY, a corporation created pursuant to the laws of the State of New York, in and who executed the foregoing Instrument in the name of and for that corporation as General Partner of GULF BAY VENTURE; and that such person is duly authorized by METROPOLITAN LIFE INSURANCE COMPANY; and that the foregoing Instrument is the act and deed of that corporation as General Partner of GULF BAY VENTURE. WITNESS my hand and seal in the State and County named above, this day of J %��� 1985. Notary Public Nolary- Public, Goo,pia St-1- at Layo '- ��•�,' My Commission Expires: My Lone W.. 6rvl»a Da. 7, 1966 6 STATE OF +.�•: i COUtiTY OF - • ACKNOWLEDGEMENT I HEREBY CERTIFY that on this date, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared M. DEXTER HOFFMAN and LEE N. TERRY, to me known to be the persons described in and who executed the foregoing Instrument in the name of and for that corporation as General Partners of GB ASSOCIATES, LTD., a Georgia limited partner- ship, as General Partner of Gulf Bay Venture, a Florida general partnership, and they acknowledged before me that they executed the same as such general partners in the name and on behalf of said GB ASSOCIATES, LTD., as General Partners of GULF BAY VENTURE. WITNESS my hand and seal in the State and County named above, this Zf,iA day of /%,,,_y 1985. Notary Public NnUry Public, GawPia SIAM at LWO, ..`• , My Commission Expires: My r mmiw.i Esou01 D- 7, 19" i 1 s - t f` k , ORIGINAL RECEIVED JAN 2 4 2007 �-- PLANNING DEPARTMENT CITY OF CLEARWATER ascription: Pinellas,FL Document -Book. Page 5978.2110 Page: 31 of der: 522655761a Comment: e— WMIB..r IT A 'o.a.5976 �•nu2141 LEGAL DESCRIPTION PHASE II LAND PHASE II -A LAND A tract of land lying within the Northwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as followse Commence at the center of said Section 17, also being the point of intersection of the centerlines of Gulf- to-Bay Boulevard (SR 60) and Hampton Road (CR 144)1 thence S 89046101" W along the South line of said Northwest 1/4 and the center line of Gulf -to -Bay Boulevard for 660.00 feet; thence N 00019'21" W, for 50.00 feet to a point on the North right -of -way line of said Gulf -to -Bay Boulevard; thence continue N 90019121" W, for 280.02 feet; thence N 89046'01" E, for 627.00.feet to a point on the West right- of-way line of said Hampton Road (CR 144); thence N 00 019121" W along said right -of -way line 460.32 feet along a line 33 feet West of and parallel with the East line of said Northwest 1/4 of Section 17 to the POINT OF BEGINNING; thence S 30001'50" W, for 502.08 feet; thence S 87039'10" W, for 222.06 feet; thence S 89040'39" W, for 25.82 feed thence N 00019'21" W, for 181.61 feet; thence S 89040'39" W, for 145.54 feet; thence N 00019'21" W, for 31.35 feet; thence N 29046'01" E. for 63.90 feet; thence N 30013'59" W, for 76.78 feet; thence N 30001'50" E, for 211.83 feet; thence S 59058'10" E. for 190.00 feet; thence N 30001'50" E, for 278.85 feet; thence S 85019'21" E, for 242.27 feet to a point on said West right- of-way line; thence along said right -of -way along a line 33 feet West of and parallel with said Northwest 1/4 of Section 17 S 00019121" E, for 200.00 feet to the POINT OF BEGINNING, and containing 6.16 acres, more or less. ra, d, i ' 1 � i. t ' ,f� ascription: Pi.nellas,FL Document -Book. Page 5978.2110 Page: 32 of 36 -der: 522855761a Comment: 1 ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER EXHIBIT . "A" LEGAL DESCRIPTION -"-5978 •-AG 2242 w (PHASE II LAND CONTINUED) PH„ ASE II B LAND ° A tract of land lying within the Northwest 1/4 of Township 29 South, Range 16 East, Section 17, l Pi being more particularly described anellas County, Florida, and s followat Commence at the center of said Section 17, also bein the of intersection of the centerlines R) of Gulf- to-Bay Bo ulevnrdoint - (SR6 and Hampton Road (CRI44); thence i. S 89046401" W as the South line of said Northwest 1/4 and the centerlineofnaid Gulf -to -Say Boulevard, for 2037.78 feet; thence - N 00013'59" W, for 60.00 feet to ' a point on the North right-of-way line of said Gulf -to -Bay Boulevard; N Q1004'04" 1 thence E, for 599.99 feet; thence S 89046'01" W, for 193.43 feet; thence N 00052'21" E, for 134.00 feet; thence N 89046'01" E, for 245.99 feet; thence N 45000'00" E, for 318.43 feet to the POINT of BEGINNING; thence N 10000'00" W. for 54.00 feet; thence - N 47000'00" E, for 140.00 feet; thence N 00005'11" W, for 171.67 feet; thence N 89054'49" E 340.49 feet; thence S 45605'11" E. for 208.00 feet; thence N 00005 ll / W, for 120.15 feet; thence N 89054'49" 54 for 97.31 feet; thence S 59052'00" E et t S 90008 00 W . for 233.00 feet; thence " for 141.11 feet to the � 't-•. •^ Point of curvature of a curve concave to the Northwest; thence southwesterly along arc of said curve, � "'� the having a radius of 2000.00 feet to a central angle of 14004'40 ", an arc length of 491.40 feet and a chord bearing .S 37010'20" W, for 490.17 r feet; thence leaving said curve along a radial bearing of N 45047'20" W for 82.07 feet to a point on concave t to the hence southwesterly alongthe of curve, havinghaest; radius of 1510.00 feet, a central angle of 02004'291 1 length 0429, and arc of 54.68 feet and a chord bearing S 40025'4611 54.68 feet; thence N 64032'56" W for 207.52 feetthencfor N 45000'00" W for 326.01 feet to the POINT OF BEGINNING, and containing 8.65 acres, more'or less. I 1 Yi f . ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER \ >scription:-Pinellas,FL Document -Book. Page 5978.2110 Page: 33 of 36 rder: 522855761a Comment: EXHIBIT "A" LEGAL DESCRIPTION PHASE III LAND 'o. o. 5978 �-AGE2143 PFIASE III A LAND A tract of land lying within the Northwest 1/4 of Section lorid 17, Township 29 South, Range 16 East, Pinellas Oounty, Florida, and being more particularly described as follows Coy�en -a at the center Section 17. to-Bay Boulevard also being the point enter of sa of intersection of the centerline of Gulf- (SR60) and Hampton Road (CR144); thence 5the0centter centerline of g the South y Boulevard, for t2037t7B /feet; thence 'Of said Gulf- to-BaY point on the North N 00019121" W, for 60.00 feet to a p0 Boulevard; thence right- of-way line of said Gulf- to -BaY N Ol °04'04" E, for 599.99 feet; thence S 89 °46'01" W, for 198.43 feed thence N 00052121" E, for 134.00 feet to the POINT OF BEGINNINGGI thence con 400:06 feet;2thencefoz 420.70 feet; thence 6 89054149" W, the are of N 01004'04" E, for 26.15 feet to a point of curvature o n - cuzve concave to the radivatofn192n00 feet alcentral angle of said curve, having and a chord bearing 21043'54 ", and are length of 72.82 feint of tangency; thence N 11 °56'04" E, for 72.39 feet to a point of curvatuze of a N 22047' 58" E. for 11.93 feet to a point curve concave to the Northaeradiuseofe238 .00efeet�,la central he arc of said curve, having angle of 03053'02°'. and f rc1lengtfeof 16 enceBet a chord bearing N 20051'27" E, N 89054149" E, for 931.70 feet; thence S 00005'11" E, i0z 171.67 feet-..thence 54 -00 00'DO1thencerS 140.00 45000'00" Vi,tf Zce 5 10°00 °00" E, for 318.43 feeta thence and9containing 6.64 2acres,fmoretortless. poINT OF BEGINNING, • i i i t . t ORIGINAL RECEIVED l® JAN 2 41007 PLANNING DEPARTMENT CITY OF CLEARWATER �script.ion: Pinellas,FL Document- Book.Page 5978.2110 Page: 34 of 36 -der: 522 855 7 61a Comment: -.__ . t —i ORIGINAL RECEIVED l® JAN 2 41007 PLANNING DEPARTMENT CITY OF CLEARWATER �script.ion: Pinellas,FL Document- Book.Page 5978.2110 Page: 34 of 36 -der: 522 855 7 61a Comment: -.__ . EXHIBIT "B" PHASE I A tract of land lying within the Northwest 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the center of said Section 17, also being the point of intersection _ of the centerlines of Gulf -to -Bay Blvd. (SR 60) and Hampton Road (CR 144);.. thence South 89 °46'01" West along the South line of said Northwest 1/4 of Section 17 and the centerline of Gulf -to -Say Blvd., for 2037.78 feet to the Southeast corner of that certain parcel conveyed to Frank Fields by Warranty Deed recorded in Deed Book 41, page 133, Pinellas County Records; .thence North 00013159" West, for 60.00 feet to a point on the North right -of -way line of SR 55 (as described in Order , -if Taking recorded in 0. R. Book 3570, page 873, Pinellas County Records, designated as Parcel 11D. Section 15150- 2512); thence North 01 °04'04" East along the East line of said parcel described in Deed Book 41. page 133, Pinellas County Records, for 289.86 feet, to the POINT OF BEGINNING: thence continue North D1 °04104" East, for 310.13 feet to the Northeast corner of said parcel; thence South 89 °46101" West along the North boundary line of said parcel and along the North boundary line of that certain parcel conveyed to Francis Fields by Warranty Deed recorded in Deed Book "II", page 177, Hillsborough County Records for 198.43 feet to the Southeast corner of that certain parcel conveyed to H. Perrin Anderson, el al, by Warranty Deed recorded in 0. R. Book 2848, page 504, Pinellas County Records; thence North 00 052'21" East along the East boundary of said parcel, for 134.00 feet; thence North 89 1,46101" East, for 245.99 feet; thence North 45 °00'00" East. for 318.43 feet; thence South 45 000'00" East, for 326.01 feet; thence South 64 °32'56 " _East, for 207.52 feet to the point of intersection with a curve concave to the Northwest; thence Northeasterly along the arc of said curve. having a radius of 1510.00, a central angle of 02 004'29 ", an arc length of 54.68 feet, and a chord bearing North 40 °25'46" East, for 54.68 feet; thence South 45 047'20" East. for 82.07 feet to the point of intersection with a curve concave to the Northwest; thence Northeasterly along the arc of said curve, having a radius of 2000.00 feet, a central angle of 13 °40148 ". an arc length of 477.52 feet, and a chord bearing North 37 °22'16" East, for 476.38. feet to the point of tangency; thence South 57 038'27" East, for 195.80 feet; thence South 32 °21'33" West, for 60.00 feet; thence South 30 013'59" East, for 329.71 feet; thence South 29 °46'01" West, for 63.90 feet; thence South 00 °19'21" East, for 31.35 feet; thence.North 89 °40'39" East, for 145.54 feet; thence South 00 "19'21" East, for 181.62 feet; thence North 89 040'39" East, for 25.82 feet; thence North 87 039110" East, for 222:06 feet; thence North 30 °01'50" East, for 502.08 feet to a point on the West line of Hampton Road; thence South 00 °19'21 East along said West line, for 460.32 feet to a point on the North boundary line of that certain parcel conveyed to Hugh S. Ei 1. i t z_ ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT L �-- CITY OF CLEARWATER escription: Pinellas,FL Document -Book. Page 5978.2110 Page: 35 of 36 rder: 522855761a Comment: i Ei 1. i t z_ ORIGINAL RECEIVED JAN 2 4 2007 PLANNING DEPARTMENT L �-- CITY OF CLEARWATER escription: Pinellas,FL Document -Book. Page 5978.2110 Page: 35 of 36 rder: 522855761a Comment: 4b j' o: e- M-78- ;3GE2145 McMullen by Warranty Deed recorded in Deed Book 1102, page 529, Pinellas County Records; thence South 89 046'01" West along said line and along the North boundary of that certain parcel conveyed to Henry L. McMullen by Warranty Deed recorded in Deed Book 1110. page 419, Pinellas County Records for 627.00 feet to the Nortbmest corner of said parcel described in Deed Book 111D, page 419, Pinellas County Records; thence North 0 °19'21" West. for 10.DO feet; thence South 89 646101" West, for 217.75 feet; thence North 00 013'59" West. for 34.98 feet; thence North 89 °38131" West, for 484.61 feet; thence South 07 045125" East. for 267.3D feet; thence South 42 °08'20" East, for 52.40 feet; thence South 84 008'40" East. for 150.85 feet to a point on the Northerly right -of -way line of SR 55 (as described in order of Taking recorded in 0. R. Book 3570, page 873, Pinellas County Records designated as Parcel 110. Section 15150- 2512); thence South 89 946'01" West along said right -of -way line, for 618.43 feet; thence North 86009116" East, for 253.94 feet; thence North 45 °29'32" East, for 55.87 feet; thence North 00 °1:,'59" West, for 224.78 feet; .thence South 89 046'01" West, for 233.33 feet; thence North 00 013'59" West, for 10.00 feet; thence South 89 046'01 "West, for 330.00 feet to the POINT OF BEGINNING. I '• t i-- I i ORIGINAL :. RECEIVED! JAN 2 4 2007 PLANNING DEPARTMENT L` CITY OF CLEARWATER ascription: Pinellas,FL Document -Book. Page 5976.2110 Page: 36 of 36 'der: 522855761a Comment: i S�CAL° 1/24/2007 Receipt #: 1200700000000000624 1:05:34PM �= Date: 01/24/2007 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLS2007 -01003 03 Flex Std - Commercial 010- 341262 475.00 Line Item Total: $475.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check HALLMARK DEV OF FL INC R_D 11580 In Person 475.00 Payment Total: $475.00 ORIGINAL RECEIVED JAN 2 4 2001 PLANNING DEPARTMENT CITY OF CLEARWATER THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Page 1 of 1 cReceipt.rpt PLANNING DEPARTMENT March 29, 2007 6 0 Mr. Robert Pergolizzi 13825 ICOT Boulevard, Suite 605 Clearwater, Florida 33760 CITY 0 F 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: FLS2007 -01003 (355 Park Place Boulevard) Dear Mr. Pergolizzi: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On March 8, 2007, the Development Review Committee (DRC) reviewed your Flexible Standard Development to allow an 85,000 square foot office within the Commercial (C) District and an Office parcel of the Park Place Development of Regional Impact (DRI) with an increase from the minimum standard building height of 25 feet to 45 feet and a reduction of the minimum standard side (north/south) setbacks from ten feet to five feet (to pavement) pursuant to Section 2 -703 of the Community Development Code. The DRC APPROVED these applications based upon the following Findings of Fact and Conclusions of Law and subject to the attached conditions of approval: Findings of Fact: 1. That the 6.16 -acre subject property is located along the west side of Hampton Road approximately 725 feet north of Gulf to Bay Boulevard; 2. That the subject property is located within the Commercial (C) District and the Residential /Office/Retail (R/O/R) Future Land Use Plan category; 3. That the subject property is located within the Development of Regional Impact (DRI) known as Park Place and the parcel is designated as Office; 4. That the development proposal is compatible with the surrounding area and will enhance other development and redevelopment efforts; and 5. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards and Criteria as per Section 2 -703 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2 -703.I of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level One and Level Two Approvals as per Section 3 -913 of the Community Development Code; 4. That the development proposal is consistent with the approved Park Place DRI. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BII1. JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" arch 28, 2007 355 Park Place — FLS2007 -01003 Page 2 of 2 Conditions of Approval: 1. That prior to the issuance of any building permits, the plans shall be revised to include a detail of a solid waste enclosure. The enclosure shall screen the proposed compactor on four sides so as not to be visible from rights -of -way and abutting properties with materials used in said screening to be consistent with those used in the construction and architectural style of the principle building; 2. That prior to the issuance of any building permits, all plans shall be revised to be consistent with regard to those trees to be preserved and/or removed (i.e. trees #97, 104, 133, 138, 139 and 190); 3. That prior to the issuance of any building permits, the "D" dimension in the tree barricade detail shall be changed to 1 "x4 "; 4. That prior to the issuance of any building permits, the preservation plan shall be revised to indicate all root prune locations; 5. That prior to the issuance of any building permits, the Public Art and Design Impact Fee shall be paid; 6. That prior to the issuance of a Certificate of Occupancy, any required Transportation Impact Fees are paid; 7. That prior to the issuance of a Certificate of Occupancy, all utilities including individual distribution lines will be installed and/or relocated underground; and 8. That the final design and colors of the buildings are consistent with the architectural elevations approved by Staff. 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. This approval is based upon, and must adhere to, the application and development plans date stamped received March 16, 2007. Pursuant to Section 4 -303 of the Community Development Code, an application for a building permit shall be made within one year of Flexible Standard Development approval (by March 8, 2008) with all required certificates of occupancy being obtained within two years of the date of issuance of the building permit. Please be advised that time frames do not change with successive owners. An extension may be granted by the Community Development Coordinator for a period not to exceed one year and may be done only within the original period of validity. The Community Development Coordinator may approve one further extension not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for extension within the period of validity following the first extension. The issuance of this Development Order does not relieve you of the necessity to obtain building permits or pay 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. Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562 -4539 or via e-mail at robert.tefft(c Myclearwater.com. Sincerely, Michael` el Planning Director S: (Planning DepartmentICD BIFlex Standard (FLS)Ilnactive or Finished CaseslPark Place Blvd 355 Lakeside Office (C) Approved 03- 08- 071Park Place 355 - Development Order 03- 29- 07.doc 10.20 am Case Number: FLS2007- 0100.3 -- 355 PARK PLACE BLVD • Owner(s): P P L Land Investments Llc C/O Marcus, Jane Coconut Grove, F133133 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: Robert Pergolizzi 13825 Icot Boulevard Clearwater, F133760 TELEPHONE: 727 -524 -1818, FAX: 727 -524 -6090, E -MAIL: pergo @gulfcoastconsultinginc.com Location: 6.16 acre parcel along the west side of Hampton Road approximately 725 feet north of Gulf to Bay Boulevard. Atlas Page: 291A Zoning District: C, Commercial Request: Flexible Standard Development to allow an 85,000 square foot office within the Commercial (C) District and an Office parcel of the Park Place Development of Regional Impact (DRI) with an increase from the minimum standard building height of 25 feet to 45 feet and a reduction of the minimum standard side (north/south) setbacks from ten feet to five feet (to pavement) pursuant to Section 2 -703 of the Community Development Code. Proposed Use: Offices Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Neighborhood No Registered Assocation Association(s): TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Robert Tefft, Planner III Attendees Included: The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, March 8, 2007 - Page 14 1. Show sight triangles at driveway on Hampton Road measured from property line, not sidewalk. 2. Provide a letter from the City of St. Petersburg authorizing parking lot and utility construction in St. Petersburg's 50 -foot waterline easement. 3. Provide a note or dimension on the plan indicating that the Fire Department Connection (FDC) shall be installed at least 15 -feet from the face of building. 4. All fire hydrant assemblies installed greater than 10 ft. from a water main shall be constructed with ductile iron pipe and shall have a gate valve at the tee on the branch line, and at the fire hydrant assembly (F.H.A.). 5. Applicant shall provide a copy of an approved health permit for the installation of the domestic water main prior to issuance of a building permit. The health permit application form(s) can be found at: www.dep.state.fl.us /water /drinkingwater /fonns.htm 017urning radii at all driveways shall be a minimum of 30 feet per City of Clearwater Contract Specifications and Standards index #108. 7. Applicant shall provide a copy of an approved right -of -way permit from Pinellas County for all proposed work in Hampton Road (C.R. 144) right -of -way. 8. Sidewalks and sidewalk ramps adjacent to or a part of the project shall be designed and constructed consistent with City of Clearwater Contract Specifications and Standards Index # 109, including the A.D.A. (Truncated domes per D.O.T. Index #304.) 9. Permanent address assignments from the Engineering Department shall be obtained by the applicant. The above conditions shall be met prior to the issuance of a Building Permit. Applicant shall submit 5 sets of as -built drawings that are signed and sealed by a professional engineer registered in the State of Florida. Public Works /Engineering will field inspect as -built drawings for accuracy. The above condition shall be met prior to the issuance of a Certificate of Occupancy. General Note: If the proposed project necessitates infrastructure modifications to satisfy site - specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: No Issues. Fire: 1 . Building is greater than 250 horizontal feet must meet the Ordinance NO.7617 -06 for RADIO SYSTEMS REGULATIONS for BUILDINGS. Acknowledge PRIOR to D.O. 2. Fire Department Connection must be on a seperate line to the system side of the riser NOT connected to the supply side and 15' off the building. Acknowledge PRIOR TO D.O. All driveways MUST have a 30' radius for ingress and egress. Acknowledge PRIOR to D.O. Har or Master: No Comments Legal: No Comments Land Resources: Development Review Agenda - Thursday, March 8, 2007 - Page 15 Remove all #2 and below rated trees, see arborist report. Modify clans prior to D.O. 2 , After removing poor rated trees, review the grades, utilities and landscape island locations to insure that #3 and above rated trees are incorporated into the site where possible. Revise prior to D.O. 3 . The trees shown to be removed on the Preservation Plan does not match the trees shown to be removed on all other plans. Insure that all plans match prior to D.O. 4. The "D" dimension in the tree barricade detail must be changed to 1 "X4" prior to building permit. 5 . Review the grades, utilities and landscape island locations to insure that all root pruning locations are addressed on the Preservation Plan. Revise prior to D.O. Land caging: Pursuant to Section 3- 1202.B.4 of the Community Development Code, each species of tree shall represent a minimum of ten percent (10 %) of the total number of trees. The proposed Chinese Fan Palm, Queen Palm, Foxtail Palm, Bald Cypress and Ligustrum do not meet this required minimum. PRIOR TO ISSUANCE OF D.O. 2. Pursuant to Section 3- 1202.13.1 of the Community Development Code, accent trees are required to have a minimum caliper of two inches (2 "). Revise the Plant Materials List to include the caliper for the proposed Ligustrum. PRIOR TO ISSUANCE OF BUILDING PERMIT. 3 . According to the tree survey, a Chinese Tallow (invasive exotic) exists at the northwest corner of the site. The landscape plan proposes to retain this specimen, which should be removed. PRIOR TO ISSUANCE OF BUILDING PERMITS. 4. Pursuant to Section 3- 1202.E.1 of the Community Development Code, interior islands shall be designed so that in most cases no more than ten parking spaces are provided in a row. Several parking tiers can be redesigned to be consistent with this requirement: the northernmost tier to reduce the 12 consecutive spaces; the tier immediately north of the building to reduce the 12 consecutive spaces; the tier at the northeast corner of the building to reduce the 13 consecutive spaecs; and the tiers along the southeast side of the building to reduce the 12 consecutive spaces. PRIOR TO ISSUANCE OF D.O. 5. Pursuant to Section 3- 1202.E.I of the Community Development Code, ten percent (10 %) of the gross vehicular use area (14,758 square feet) is required to be provided within interior landscape islands. The greenspace requirement table would appear to denote this as being met; however the locations of this greenspace are not depicted as stated on sheet 1 (this is presumed to be the intended sheet as the referenced sheet LA -1 does not exist). Identify on the landscape plan the locations and sizes of the landscape islands. PRIOR TO ISSUANCE OF D.O. 6. Pursuant to Section 3- 1202.E.1 of the Community Development Code, interior landscape islands are required to have a dimension of eight feet (8') from back of curb to back of curb, a minimum of 150 square feet of greenspace, and at least one tree. There are two islands . northeast of the buildnig that do not meet these requirements (the islands being bisected by a walkway). PRIOR TO ISSUANCE OF D.O. 7. Pursuant to Section 3- 1202.D.I of the Community Development Code, trees are required along the perimeter of the site at a rate of 1 per 35 feet. The total perimeter of the site measures 2,372 feet; thus 68 trees are required along the perimeter. The tree requirements table does not include the entire perimeter in its calculations and only denotes a requirement of 48 trees. Further, while roughly 90 trees are proposed to be added along the perimeter, the landscape plan proposed these trees with spacing of around 20 feet, which is far too close for the proposed Live Oaks/Bald Cypress. Also, there are several instances where Live Oaks have been proposed within the canopies of existing perimeter trees. PRIOR TO ISSUANCE OF D.O. 8 . The quantities denoted in the Plant Materials List do not match those on the landscape plan for the Chinese Fan Palm, Foxtail Palm or the Ligustrum. Revise the landscape plan and materials list as needed to provide consistent and accurate numbers for the materials to be provided. PRIOR TO ISSUANCE OF D.O. Parks and Recreation: 1 . Verification of the total amount of this project is needed in order to determine if the Public Art and Design Impact Fee is due on this project. This fee would be due prior to issuance of the building permit. This fee could be substantial and it is recommended that you contact Chris Hubbard at 727 -562 -4837 to calculate the assessment. Stormwater: Development Review Agenda - Thursday, March 8, 2007 - Page 16 1 The following to be addressed prior to building permit. l� 1. Show that pond E -4 still functions properly as designed and permitted. 2. Provide the approved SWFWMD permit or letter of exemption . Soliaste: 1 For size of complex it is felt that there is inadequate solid waste service, Having the Dumpsters split on each end of the complex is not a prudent decision. recomendation is for a compactor in a single location. Or Double Dumpster enclosures at each location. Traffic Engineering: 1 . General Note(s): Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. PlanninW. 1 . The description of request provided in the application includes an increase in building height from 25 feet to three stories. Revise the description of request to include a specific height (i.e. 45 feet). PRIOR TO ISSUANCE OF D.O. 2. Pursuant to Section 3- 1406.A.2 of the Community Development Code, an office use with 85,000 square feet of gross floor area is required to provide two loading spaces. As proposed, only one loading space is provided. PRIOR TO ISSUANCE OF D.O. 3. Pursuant to Section 3 -911 of the Community Development Code, all utilities, including individual distribution lines, shall be installed underground unless such undergrounding is not practicable. Provide a notation to this effect on the civil plans (sheet 3 of 9). PRIOR TO ISSUANCE OF D.O. 4. Pursuant to Section 3- 1406.13.2 of the Community Development Code, the minimum distance between a right -of -way and the first parking space or aisleway in a parking lot with greater than 51 parking spaces is 40 feet. As proposed, a distance of only 25 feet has been provided from the Hampton Road right -of -way. PRIOR TO ISSUANCE OF D.O. 5. The application submitted denotes a project valuation of $100,000. This figure seems extremely low given what is being proposed. Provide a more accurate figure. PRIOR TO ISSUANCE OF D.O. 6. Revise the Land Use Summary (sheet 1) to correctly state the existing land use. 7. Pursuant to Section 3 -201.1) of the Community Development Code, all solid waste containers are required to be screened on four sides so as not to be visible from rights -of -way and abutting properties with materials used in said screening to be consistent with those used in the construction and architectural style of the principle building. The proposed chain link gate with plastic fillers is inconsistent with the architectural style of the principle building. PRIOR TO ISSUANCE OF D.O. 8 . Pursuant to 3- 913.A.1 of the Community Development Code, a response is required to be provided stating how the proposed development will be in harmony with the scale, bulk, coverage and character of adjacent properties. The response that has been provided does not accomplish this, stating only what is proposed and not how what is proposed will be in harmony with adjacent properties in the required manner. PRIOR TO ISSUANCE OF D.O. 9. Clarify why the parking space at the east end of the parking tier along the northeast comer of the building has been designed in excess of standards. Other: No Comments 4111, 96� Notes: Submit two complete sets of revised plans and application materials addressing the above comments on or before Thursday, April 5, 2007. The revised plans shall be colated, folded at stapled. Development Review Agenda - Thursday, March 8, 2007 - Page 17 CITY OF C LEARWATER PLANNING DEPARTMENT Posr OFFICE Box 4748, CLEARWA"I'ER, FI.ORIDA 33755 -4748 MUNICIPAL. SERVICI?S.BUiLDING; ZOO SOUTH MYR'I'l.F, AVIiNIiIy CLEAR WA "I'r:R, FLORIDA 33756 rla.I;PIIONE (727) 562 -4567 FAX (727) 562 -4865 LONG RANGE PLANNING DEVELOPMENT REVIEW February 9, 2007 Mr. Robert Pergolizzi 13825 ICOT Boulevard, Suite 605 Clearwater, Florida 33760 Re: FLS2007 -01003 — 355 Park Place Boulevard — Letter of Completeness Dear Mr. Pergolizzi: The Planning Department staff has entered your application into the Department's filing system and assigned the case number FLS2007- 01003. 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 Thursday, March 8, 2007, in the Planning Department Conference Room (Room 216), which is located on the second floor of the Municipal Services Building at 100 South Myrtle Avenue. 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. Should you have any questions, please do not hesitate to contact me. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562 -4539 Fax: (727) 562 -4865 E -Mail: robert. to tLcymyclearvvater. cons PRANK IliaMMN), iN11,M)R j<III,\: Dw> vn, IIm-I I I II.,\, CIx Neu.�m.>.usi:a 1311.i. JoNurN, COI N(1- :11.n1:,%,MFR CAR1.1'N A. Pi:i .tir.N�, <;()I nni. >nt�nl;a; i0[ !A[. EN1I .OMEN r AND Ai ;i :iRNfATPdi: Aciv ,\ li%rni.m i:R° Gulf Coast Consulting, Inc. Land Development Consulting • Engineering • Planning • Transportation • Permitting ICOT Center 13825 COT Boulevard, Suite 605 Clearwater, FL 33760 Phone: (727) 524 -1818 Fax: (727) 524 -6090 February 8, 2007 CRIGM R.ECEI\(FD pLANNING OF CLEARWATER T Mr. Robert Tefft, Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue, 2nd Floor Clearwater, FL 33756 Re: FLS2007 -01003 _'355 Park Place Boulevard - Letter of Incompleteness Dear Mr. Tefft: We are enclosing fifteen (15) copies of the necessary items to address your three (3) review comments. We have addressed your review comments as follows: Comment: 1. Pursuant to Section G of the Flexible Standard Development application, the site plan is to depict building and structural setback dimensions. The site plan does not depict the proposed setback of the gazebo or the setback of the refuse enclosures /pads. Provide revised drawings. Response: 1. Shown on sheet 3, the Horizontal Control, Striping, Signage and Lighting Plan, are the setbacks for the gazebo and dumpster enclosures. Comment: 2. The architectural elevations provided are not to scale. Submit "to- scale" elevations. Response: 2. Enclosed are fifteen (15) copies of "to scale" architectural elevations. Comment: 3. Please submit, in addition to those drawings already provided, the proposed Landscape Plan at 1 " =40' scale on a single sheet. February 8, 2007 is • Page 2 of 2 Response: 3. Enclosed are fifteen (15) copies of a 1"=40' scale Landscape Plan on a single sheet. Please do not hesitate to contact me if you have any questions or need any additional information concerning this project. Sincerely, Project Manager RDH:aI Encl. - cc: Steve Engelhardt, Mid - Pinellas Office Park, Inc. (w /encl.) File 06 -013 ORIGINAL RFCFR *D I.B 0 � 2001 PLANNING Up-r Iff CITY OF CLEAP0, I ? 1.()N(.; VAN(;t: ).'►.Ar`4N1rc; DrVI- AAWMI•.NT IZI;VIIiW February 5, 2007 Mr_ Robert Pergolizzi 13825 ICOT Boulevard, Suite 605 Clearwater, Florida 33760 C11''Y O 1� CL I? A R W .A.. T E R PLANNING DF.11AW1'MEN'l' Pots Ornu7 13ox. 4718, C►.r� ►<wnrl ?x, FLORIDA 33758 4748 MUNICIPAL SERVICES 131111DINC, 100 Sot j'n i Mvr17•I.e Avr:NU►:, (: YARWATrr,, FLORI >A 33156 TFIFNIONr: ('12/) 562 -4567 Fnx, ('7l.7) 50 -4865 Re: FLS2007- 01003 -- 355 Purk Place Boulevard — Letter of Incompleteness Dear Mr. Pergolizzi: The Planning Department staff has entered your application into the Department's filing system and assigned the case number FLS2007 -01003. After a preliminary review of the submitted documents, staff has determined that the application is incomnlete with the following continents: 1. Pursuant to Section G of the Flexible Standard Development application, the site plan is to depict building and structural setback dimensions. The site plan submitted does not depict the proposed setback of the gazebo or the setback of the refuse enclosures /pads. Provide revised drawings. 2. The architectural elevations provided are not to scale. Submit "to- scale" elevations. 3. Please submit, in addition to those drawings already provided, the proposed landscape plan at 1 -40' scale . on a single sheet. Pursuant to Section 4 -202 of the Community Development Code, if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff and no ftirther development review action shall be taken until those specified deficiencies are corrected and the application is deemed complete. Please resubmit revised plans and application materials as per the above comments no later than Noon, Monday, February 13, 2007. Should you have any questions, please do not hesitate to contact me_ Sincerely, Robert Ci. 'refft, Planner LLL Tel: (727) 5624539 Fax: (727) 562 -4865 > -Mail: rn .1 cc C1��t13'�'(.s�rcn urc�r,...amt! PRANK I Inll(AUI,, wt.wt'N ORIGINA RECEilfED FEB Q 9 2007 PLANNING DEPARTMENT CITY OF CLEARW WATER JOHN 0010N, (.()I .tmri( I1(IYIA1A>I1I.T1JN, Cot'N('AIAII..Nnt:t< I; ILL. Ic! Nr ,U`:.I.,�II'Kf:IIl�lttAllll'.It © G %myn: A. Pi: u�ar.r�:, l.n�n(;u.�ll`.Ntt(Ptt 'T'QIIAI. I•EMI'I.(>1WEN'I .ANI) AI TIN,\IA'I IVI: Ac,noN I;111'LClll?It�� Ed WdSS:ro L00E SO 'glad S98VZ9SLZ2_: 'ON Xdd : WO�jd LONG RANGE PLANNING DEVELOPMENT REVIEW February 5, 2007 Mr. Robert Pergolizzi 13825 ICOT Boulevard, Suite 605 Clearwater, Florida 33760 • C ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFIcE Box 4748, CLEARWATER, FI,ORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELFPHONE (727) 562 -4567 FAx (727) 562 -4865 Re:. FLS2007- 01003. — 355 Park Place Boulevard - Letter of Incompleteness Dear Mr. Pergolizzi: The Planning Department staff has entered your application into the Department's filing system and assigned the case number FLS2007- 01003. After a preliminary review of the submitted documents, staff has determined that the application is incomplete with the following comments: 1. Pursuant to Section G of the Flexible Standard Development application, the site plan is to depict building and structural setback dimensions. The site plan submitted does not depict the proposed setback of the gazebo or the setback of the refuse enclosures /pads. Provide revised drawings. 2. The architectural elevations provided are not to scale. Submit "to- scale" elevations. 3. Please submit, in addition to those drawings already provided, the proposed landscape plan at 1 " =40' scale on a single sheet. Pursuant to Section 4 -202 of the Community Development Code, if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff and no further development review action shall be taken until those specified deficiencies are corrected and the application is deemed complete. Please resubmit revised plans and application materials as per the above comments no later than Noon, Monday, February 13, 2007. Should you have any questions, please do not hesitate to contact me. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562 -4539 Fax: (727) 562 -4865 E -Mail: robert.tefft c� inyclearwater.corn PRANK 1111MARD, MAYOR JOAN DrnUw, COIIN(:IL%tI ?hIBPR 1 k )T I IAJIII :LON, COt;NCIL EMBER 13u.I.JONSON, COUNCILMEMBER ® CARLEN A. PFIFRSI :N, COIJNCILME MF1, "EOlJAI, EMPLOYNIENI' AND AEPiRMATIW, AcTION ENIPLOYI ?K • • CITY OF CLEARWATER LL PLANNING DEPARTMENT ° } Clearwater 100 SOUTH MYRTLE AVENUE CLEARWATER, FLORIDA 33756 U TEL: (727) 562 -4567 FAx: (727) 562 -4865 Date: To: From: Re: Comments: FACSIMILE COVER SHEET February 5, 2007 Robert Pergolizzi, Gulf Coast Consulting, (727) 524 -6090 Robert G. Tefft, Planner III FLS2007 -01003 / 355 Park Place Boulevard Number of Pages Including Cover Sheet: 2 ** Please confirm receipt via e-mail at: robert.te t a navclearwater.com ** ** Visit the Planning Department online at www.mvclearwater.coin ** I � i Feb. 05 2007 04:55PM YOUR LOGO YOUR FAX NO. :,7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME; MODE PAGES RESULT 01 95246090 Feb.05 04:54PM 00'50 SND; 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING ' +' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1 -808- HELP- FAX;C435- 7329). i I i i i i i 9 Gulf Coast Consulting, Inc. Land Development Consulting • Engineering • Planning • Transportation • Permitting ICOT Center 13825 ICOT Boulevard, Suite 605 Clearwater, FL 33760 Phone: (727) 524 -1818 Fax: (727) 524 -6090 January 24, 2007 Mr. Neil Thompson, Development Review Manager City of Clearwater Planning Department 100 S. Myrtle Avenue, 2nd Floor Clearwater, Fl 33756 Re: Flexible Standard Development Application Lakeside Offices at Park Place Parcel ID No. 17/29116/00000/240 /0400 (Parcel 6) Dear Mr. Thompson: Enclosed are the items necessary to process the above referenced Flexible Standard Development Application per Section 2 -703 of the Clearwater Community Development Code. This is a Level ONE approval process requiring DRC approval. Enclosed please find: 1. Flexible Standard Development Application (original and 14 copies). 2. Affidavit to Authorize Agent (original and 14 copies). 3. Legal Description (15 copies). 4. Easement and Restrictive Covenant Agreement 5. Park Place DRI Master Plan (15 copies). 6. Stormwater Narrative to support waiver & Reference Letters (15 copies). 7. Traffic Impact Statement to support waiver (15 copies). 8. Flexibility Criteria to support waiver (15 copies) 9. Preliminary Site Plan (15 copies and one 8'/2 inch by 11 inch reduction). 10. Reduced Color Site Plan (15 copies). 11. Landscape and Irrigation Plan (15 copies and one 8'/2 inch by 11 inch reduction). 12. Tree Inventory Report prepared by Certified Arborist (2 copies and 1 CD). 13. Boundary Survey (15 copies and one 8'/2 inch by 11 inch reduction). 14. Building Elevations and Signage Exhibit (15 copies and 15 reductions). 15. Architectural Rendering (15 copies) 16. Review Fee check for $475.00 The applicant, Mid - Pinellas Office Park, Inc. is seeking to develop 85,000 square feet of office space on this 6.16 acre property. As you know, this property is zoned Commercial (C) and office space is permitted per the DRI. We look forward to the upcoming DRC meeting on March 8, 2007. Please contact me if you have any questions. Sinc ely, ORIGINAL RECEIVED kco,§ oma E n 2 4 2001 Project Manager cc: Steve Engelhardt, Mid - Pinellas Office Park, Inc. (w /encl.) PLANNING GiN OF DEPARTMENT W TER File 06 -013 CITY OF k-jLEARWATER PLANNING •DEPARTMENT Pos-r 0i--FIcF Box 4748, CLFARWA -MR, FI.ORfDA 33758 -4748 °.- MIANUCIPAL SERVICI.s BUILDING, LOO SOUTH MYR -n.r AVFNUF, CLFA' WAi'rR, FLORIDA 33756 TFI.FPHOr11' (727) 562 -4567 FAx (727) 562 -4865 LONG RANGF PLANNING DrvI:LoPMENT Rmi- -w February 9, 2007 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 355 PARK PLACE BLVD (FLS2007- 01003) - To Surrounding Property Owners: As a property owner within 500 feet of 355 Park Place Boulevard, the City of Clearwater Planning Department gives notice that an application has been submitted for Flexible Standard Development to allow an 85,000 square foot office within the Commercial (C) District and a designated Office parcel of the Park Place Development of Regional Impact (DRl) with an increase from the minimum standard building height of 25 feet to 45 feet and a reduction of the minimum standard side (nortb/south) setbacks from ten feet to five feet (to pavement) pursuant to Section 2 -703 of the Community Development Code. On March 8; 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 determination, 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 March 8, 2007. The City encourages you to participate in the review of this application. You may contact me at (727) 5624539 or via email at robert.tefft@mvclearwater.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 March 8, 2007. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. - - Sincerely, Robert G. Tefft, Planner III Tel: (727) 562 -4539 Fax: (727) 562 -4865 E -Mail: robert. to f t nz clearivater. cons FRANK I IiiMARD, MAYOR I)RAN, O NCHAIDI E < JclN l lc» r [ G >nrrcix, Cciu ^:c:n. ut >Hti I: 13u.t. Jcmu>N, Ccn ,NC11AHt:NHHa; :o •fit �,:1RL1[X A. P riasr•. , Ccx nc:u_ n;>n;i:I: "J "O AL ISMITOY ENT A`n i:rrm,,1A ivi: Acnm E- MITcWI•:H," CITY OF CLEARWATER P6VMG DEM9111ENT Q• yT aE ' POST OITICE Box 4748 CLEARWATER, FLORIDA 337558 -4748 �J �•cP�'' �r4� R-ld a® �7 p7N EY $OWES 02 1M $ 00.308 0004229492 FEB 23 2003 MAILED FROM ZIPCODE 33602 13Lll� 1.1•ll RECEIVED YAKK YLAI;L AVIATION AVFL E 700 - 3225 33133 COCONUT GROVE �� 0 ZdC� MAR MANNING DEPARTMENT - -- - _ NIXIE 331 - J. 00 031044107 C1M OF CLEARWATER ^ _ -• - - `- RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 33758474848 *1506- 05984 -04 -19 '337 748 %4 (�� (^ [ j58 1.7 Y .-O.F, C LEAR, W A, T,�E,,R PLANNING DEPART_ MFNT Posi' OFD =ICF Boz 4748, CLIARWA;1'FR, FLORIDA 33758 -4748 r MUNICIPAL: SrRVICIis BUILDING, 100 SOUTH MYR -n.r AwNUr, CLFARWATFR, FLORIDA 33756 .r r. TrLrPHONIi (727) 562 -4567. FAX (727) 562 -4865 LONG RANGr: PLANNING DrVELOPMFNT Rrvii - -W February 9, 2007 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 355 PARK PLACE BLVD (FLS2007- 01003) To Surrounding Property Owners: As a property owner within 500 feet of 355 Park Place Boulevard, the City of Clearwater Planning Department gives notice that an application has been submitted for Flexible Standard Development to allow an 85,000 square foot office within the Commercial (C) District and a designated Office parcel of the Park Place Development of Regional Impact (DR) with an increase from the minimum standard building height of 25 feet to 45 feet and a reduction of the minimum standard side (north/south) setbacks from ten feet- to five feet (to pavement) pursuant to Section 2 -703 of the Community Development Code. On March 8, 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 determination, 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 March 8, 2007. The City encourages you to participate in the review of this application. You may contact me at (727) 562 -4539 or via email at robert.teff amyclearwater.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 March 8, 2007. An appeal must be filed, including an appeal fee, with the Planning Department: within seven days of the date of the Development Order. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562 -4539 Fax: (727) 562 -4865 E -Mail: robert. te�t@nzycleanvater. com FRANK 1111MMin, MAYOR J()I IN D(rn,:\�, Col m :u ..m IIII:l< I I(wr I kNIII:Iox, COI a I.\uaIIIFI, lin.l. J(NN)N, C(A NCn.\n:\IIfI'R ,. C:\ri.l:\ A. Prrr.RSe�, C(x :(:n_\u;ul;i r. T'Q( IIAL ENIITOYiMIi \'T A,\,n A :iI,, \iA'i'WE /\CI'IOV 1`1\IPI.U1'i:I ", CITY OF CLEARWATER 'c�:: 1 , �• PI.l1 iMG DEPARTMENT TEFE�, Posr OmcE Box 4748 CLEARWATER, FLORIDA 33758-4748 • • RECEIVED MAR 0 C 20097 r a. Fr — U S KE5'1'AUKAN'1- YRUY 12240 INWOOD RD STE 300 DALLAS TX 75244 - 8047 PLANNING DEPARTMENT CITY OF CLEARWATER — - -- - - — -- - PQN er+ . a ® PIi'N[Y N01fYES . 02 1M $ 00.308 0004229492 FES 23 2007 MAILED FROM ZIPCODE 33602 RETURN TO NOT DEL%'+ ERAMLE UNABLE TO Etc: 3375047494 9 1 11111 „Il�f�t�l,lrltl�,lt�l:�ll 23 02/29/07 SENDER AS ADDRESSED i* 1 D ©2- 1124 0 - 27 -- 4 -5 111111111,1111111)111111,{111 CITY OF CLEARWATER PLA MG DEPARTMENT g7EF,F° POST OFFicE Box 4748 CLEARWATER, FLORIDA 33758-4748 RECEIVED r� OF OINEEARW ER 0 XIUNli, KHUU ri XIONG, KANG YOUN 110 DAVID AVE CLEARWATER FL 33759 - 4001 NsxxE 337 1 RETURN TO ATTEMPTED - UNAGLE TO MC: 33758474848 748 ! „II O PN Z � dC7o 7 ®tanaEV aowEs 02 ,M $ 00.308 0004229492 FE623 2007 MAILED FROM ZIPCODE 33602 07 03/01107 SENDER NOT KNOWN FORWARD *2474- 07205 -Oi -iS '"as• CITY OF CLEARWATER �• PLANMG DEPARTMENT •grEE' Pose OPFIcE Box 4748 CLEARWATER, FLORIDA 337'558 -4748 • 0 U S F-ESTAUIZANI' MOP RECEIVED 12240 INWOOD RD STE 300 MAR G 20G DALLAS TX 75244 - 8047 MANNING DEPARTMENT° G1TY OF CLEARNNATER L-AHF: f'•dt'•fi a'���s��a�4e � sPN }7 =P R7NEV BOWES 02 1M $ 00.308 0004229492 FE8 23 2007 MAILED FROM ZIPCODE 33602 ADD r) ' Nlx:[E 7.52 1 RETURN TO NOT DELIWERAMLE UNADLC TO CC: 307- SO474940 ......1 „1 „1 „11 20 02/28/07 SENDER? AS ADDRESSED F ORWARD *1092-11247-27-4S IT'S' OF C LEARWAT'ER PLANNING DEPARTMENT Posr OFFIcF. Box 4748, CLI:ARWA -MR, FLORIDA 33758 -4748 MONICIPAL SrRVICI ?S BOILDING, 100 SOUTH MYRTLE AVF.NIJ CLFARWATFR, FLORIDA 33756 Ti- -.LEPHOi !I: (727) 562 -4567 FAx (727) 562 -4865 LONG RANGF PIANNING DrvFLopmr:NT RrVIt:W February 9, 2007 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 355 PARK PLACE BLVD (FLS2007- 01003) To Surrounding Property Owners: As a property owner within 500 feet of 355 Park Place Boulevard, the City of Clearwater Planning Department gives notice that an application has been submitted for Flexible Standard Development to allow an 85,000 square foot office within the Commercial (C) District and a designated Office parcel of the Park Place Development of Regional Impact (DRI) with an increase from the minimum standard building height of 25 feet to 45 feet and a reduction of the minimum standard side (north/south) setbacks from ten feet to five feet (to pavement) pursuant to Section 2 -703 of the Community Development Code. On March 8, 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 determination, 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 March 8, 2007. The City encourages you to participate in the review of this application. You may contact me at (727) 5624539 or via email at robert. to f iAmyclearwater. 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 March 8, 2007. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562 -4539 Fax: (727) 562 -4865 E -Mail: robert.tolftAn yclearwater.com PRANK 1111M RI), MAYOR Jcn +� KORAN, Ccrt NC11A1 tw+ri; 1IMT I IAMILION, Ccx ;:c:natr•. >ntt>R RIU JO,M)ON, Cut N( 11Ant.\11tr:R ° z. Cnri.r:. A. Prri rst�:N, Cc>r�cALMENnsi;r, t<N" „I;c�u ,L':Rn t.:» �n•:vr n`i Ar•rn,,\IA My plc: i im I ?Mn>LOYFIC !, 5. CITY OF CLEARWATER PUVINIISIG DEPARTMENT POST OMCE Box 4748 CLEARWATER, FLORIDA 33758-4748 tit tHPi6tE TO F0. AS 4� 02 1M $00-308 0004229492 FEB 23 2007 MAILED FROM ZIPCODE 33602 \N VICES INC VI) STE SERVI BL 121, WF 'STSIloy-B T 4 VL 33601 4615 RECEI V ED FILEB 2 jr) 2007 PLANNING DEPARTMENT CITY OF CLEARWATER it I CITY OF CLEARWATER 9: PLANNING DEPARTMENT Posr OmcE Box 4748 • CLEARWATER, FLORIDA 33758-4748 0 RECEIVED FLV 2 o 2607 PLANNING DEPARTMENT CITY OF CLEARWATER s� 11A1V11LY 11NALKhJil; 1rib 11V1, 121.1 WESTSHORE BLVD STE 315 TAMPA FL 33607 - 4615 AS 02 1M $ 00.308 0004229492 FES 23 2007 MAILED FROM ZIP CODE 33602 ,;WEVETTE, LAWRENCE E JR 200 DAVID AVE "' EARWATER FL 33759 - 4003 XIONG, KHOU H XIONG, KANG YOUN 110 DAVID AVE CLEARWATER FL 33759 - 4001 POSCICH, JOAN M 205 DAVID AVE CLEARWATER FL 33759 - 4004 CLANT INC 400 W 15TH ST # 1700 AUSTIN TX 78701 - 1678 LYNCH, BELINDA M BOWENS, HELEN L 118 DAVID AVE CLEARWATER FL 33759 - 4001 PREVETTE, LAWRENCE E PREVETTE, BONNIE J 115 DAVID AVE CLEARWATER FL 33759 - 4002 MC CANN, CATHERINE GUBITOSI, PHILIP 535 59TH ST BROOKLYN NY 11220 - 3821 CLANT 1NC PO BOX 916464 LONGWOOD FL 32791 - 6464 • CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 DIXON, WILSON E DIXON, MARY F 201 DAVID AVE CLEARWATER FL 33759 - 4004 CLANT INC PO BOX 916464 LONGWOOD FL 32791 - 6464 CALIFORNIA STATE TEACHERS RETI 3645 RUFFIN RD # 310 SAN DIEGO CA 92123 - 1887 FLS2007 -01003 LAKESIDE OFFICES AT PARK PLACE 355 PARK PLACE BLVD ROBERT TEFFT Clearwater Neighborhood Coalition - - President: Joe Evich PO Box 8204 Clearwater, F1 33758 ,'BROWN ASSOC LTD II KENNEDY ASSOC LTD O BOX 1021 A-ARGO FL 33779 - 1021 HAMPTON ROAD DEV LLP 107 HAMPTON RD STE 200 CLEARWATER FL 33759 - 4960 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FI, 33758 - 4748 MACDILL FEDERAL CREDIT UNION 9927 DELANEY LAKE DR TAMPA FL 33619 - 5071 HAMPTON CENTER INC 3001 EXECUTIVE DR # 250 CLEARWATER FL 33762 - 5324 ALLEN, CAROL D IABRIEL, ROBERT G 1 HAMPTON RD GABRIEL, MARGARET A CLEARWATER FL 33759 - 3910 7 HAMPTON RD LIMITED PROPERTIES INC. PO BOX 4946 CLEARWATER FL 33758 - 4946 LIMITED PROPERTIES INC PO BOX 4946 CLEARWATER FL 33758 - 4946 WYATT REAL ESTATE SERVICES INC 1211 WESTSHORE BLVD STE 314 TAMPA FL 33607 - 4615 PARK PLACE BLDG LTD 3225 AVIATION AVE STE 700 COCONUT GROVE FL 33133 - 4741 CLEARWATER FL 33759 - 3910 LIMITED PROPERTIES INC P O BOX 4946 CLEARWATER FL 33758 - 4946 PARK PLACE LAND LTD 3250 MARY ST 5TH FL COCONUT GROVE FL 33133 - 5232 FAMILY INTEREST, THE INC 1211 WESTSHORE BLVD STE 315 TAMPA FL 33607 - 4615 GLENBOROUGH FUND VIII 400 S EL CAMINO REAL SAN MATEO CA 94402 - 1704 CLEARWATER MALL U S RESTAURANT PROP U S RESTAURANT PROP PO BOX 4900 12240 INWOOD RD STE 300 12240 INWOOD RD STE 300 SCOTTSDALE AZ 85261 - 4900 DALLAS TX 75244 - 8047 DALLAS TX 75244 - 8047 WOLLOWICK, HERBERT E ST PETERSBURG, CITY OF PETE & SHORTY'S WOLLOWICK, JANE B PO BOX 2842 CLEARWATER INC 104 DRIFTWOOD LN ST PETERSBURG FL 33731 - 2842 107 HAMPTON RD STE 200 LARGO FL 33770 - 2601 CLEARWATER FL 33759 - 4960 PETE & SHORTY'S CLEARWATER INC 107 HAMPTON RD STE 200 CLEARWATER FL 33759 - 4960 30 DAYS REAL ESTATE 15 S NEPTUNE AVE CLEARWATER FL 33765 - 3622 PETE & SHORTY'S CLEARWATER INC 107 HAMPTON RD STE 200 CLEARWATER FL 33759 - 4960 WARNE, CHRISTINE M 316 DAVID AVE CLEARWATER FL 33759 - 4005 CIECHOWSKI, MARK J CIECHOWSKI, DEBORAH 324 DAVID AVE CLEARWATER FL 33759 - 4005 OTERO, GLADYS MARIA 627 102ND TER PINELLAS PARK FL 33782 - DE LOACH, VELMA J EILER, TIMOTHY C CROMER, EDMUND D 212 DAVID AVE EILER, KAREN A 204 DAVID AVE CLEARWATER FL 33759 - 4003 208 DAVID AVE CLEARWATER FL 33759 - 4003 CLEARWATER FL 33759 - 4003 LONG RANGE PLANNING DrVFLOPMENT REVIEW February 9, 2007 • 0 C ITY OF C LEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATF,R, FLoRIDA 33758 -4748 MUNICIPAL. SERVICIis BUILDING, 100 SOUTH MYRTLE AVFNUF,, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAx (727) 562 -4865 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT, :< APPROVAL AT 355 PARK PLACE BLVD. (FLS2007- 01003) To Surrounding Property Owners: As a property owner within 500 feet of 355 Park Place Boulevard, the City of Clearwater Planning Department gives notice that an application has been submitted for Flexible. Standard Development to allow an 85,000 square foot office within the Commercial (C) District and a designated Office parcel of the Park Place Development of Regional Impact (DRI) with an increase from the minimum standard building height of 25 feet to 45 feet and a reduction of the minimum standard side (north/south) setbacks from ten feet to five feet (to pavement) pursuant to Section 2 -703 of the Community Development Code. On March 8, 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 determination, 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 March 8, 2007. The City encourages you to participate in the review of this application. You may contact me at (727) 562 -4539 or via email at rohcrt .tuft @mycleanvater.c•on2 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 March 8, 2007.. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the. date of the Development Order. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562 -4539. Fax:. (727) 562 -4865 E -Mail: robert .tefftL&nEyeleai-ivater.corn PRANK I111MARD, MAYOR JOAN DORAN, COHNCiLMEMBER lion I1AMU:1ON, Cot ACILME BER 13u.LJONSON, COHNCILME MBER ® CARLIiN A. Picri;isi•:N, CoLmc:u.,mimm ia; "EcIUAL EMI>I.oYn1I:N'r ANI) AT•T•IRMATIVI: AcrION EnmI.OVL:R" Division of Corporations 0 Page 1 of 2 'Officer /Director Detail Name & Address Title ENGELHARDT, DANIEL A 4500 140TH AVENUE 101 E CLEARWATER FL 1: ENGELHARDT, STEVE. 7--1 http://www.sunbiz.org/ scripts /cordet.exe ?a l =DETFIL &n l = 698059 &n2 = NAMFWD &n3 =0... 2/5/2007 Florida Profit MID- PINELLAS OFFICE PARK INC. • PRINCIPAL ADDRESS' 4500 140TH AVE, N 101 CLEARWATER FL 33762 US Changed 01/27/2004 MAILING ADDRESS P.O.BOX 17309 CLEARWATER FL 33762 US Changed 01/27/2004 Document Number FEI Number Date Filed 698059 592/90489 08/07/1981 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed • Event Effective Date AMENDMENT, 07/11/2003 NONE Registered Agent Name & Address RUGGLES, THOMAS W 603 INDIAN ROCKS RD BELLEAIR FL 33756 Name Changed: 09/01 /2006 Address Chanced: 09/01/2006 'Officer /Director Detail Name & Address Title ENGELHARDT, DANIEL A 4500 140TH AVENUE 101 E CLEARWATER FL 1: ENGELHARDT, STEVE. 7--1 http://www.sunbiz.org/ scripts /cordet.exe ?a l =DETFIL &n l = 698059 &n2 = NAMFWD &n3 =0... 2/5/2007 Division of Corporations Page 2 of 2 VSTD 4500 140TH AVENUE 101 lu CLEARWATER FL Report Year ENGELHARDT, PAUL D. 2004 4500 140TH AVENUE 101 VSTD CLEARWATER FL 2006 Annual Reports rm 7 _r'AT -YT. fling, � „Ret rn tQ�L1st Neat F�l1ng, View Events No Name History Information Document Images Listed below are the images available for this filing. 09/01/2006 -- Reg. Agent Change 01/05/2006 -- ANNUAL REPORT 01/05/2005 -- ANNUAL REPORT 01/27/2004 -- ANNUAL REPORT 07/11/2003 -- Amendment 01/16/2003 -- COR - ANN REP/UNIFORM BUS REP 02/04/2002 -- ANN REP/UNIFORM BUS REP 02/15/2001 -- ANN REP/UNIFORM BUS REP 04/22/2000 -- ANN REP/UNIFORM BUS REP 03/11/1999 -- ANNUAL REPORT 04/22/1998 -- ANNUAL REPORT 05/23/1997 -- ANNUAL REPORT 05/01/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /www. sunbiz.org /scripts /cordet.exe ?a 1= DETFIL &n 1= 698059 &n2 = NAMFWD &n3 =0... 2/5/2007 Report Year Filed Date 2004 01/27/2004 2005 01/05/2005 2006 01/05/2006 rm 7 _r'AT -YT. fling, � „Ret rn tQ�L1st Neat F�l1ng, View Events No Name History Information Document Images Listed below are the images available for this filing. 09/01/2006 -- Reg. Agent Change 01/05/2006 -- ANNUAL REPORT 01/05/2005 -- ANNUAL REPORT 01/27/2004 -- ANNUAL REPORT 07/11/2003 -- Amendment 01/16/2003 -- COR - ANN REP/UNIFORM BUS REP 02/04/2002 -- ANN REP/UNIFORM BUS REP 02/15/2001 -- ANN REP/UNIFORM BUS REP 04/22/2000 -- ANN REP/UNIFORM BUS REP 03/11/1999 -- ANNUAL REPORT 04/22/1998 -- ANNUAL REPORT 05/23/1997 -- ANNUAL REPORT 05/01/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /www. sunbiz.org /scripts /cordet.exe ?a 1= DETFIL &n 1= 698059 &n2 = NAMFWD &n3 =0... 2/5/2007 Property Appraiser General Information: 17/29/16/00000/240 /0400 Card Page 1 of 2 Interactive Map of this Back to Q ue New Tax Collector Question /Comment about this parcel Results Search Information page 17/29/16/00000/240 /040 "0 Data Current as of February 04, 2007 j z "VWTtp " [ 11:49 am Monday February 5 ]�� Vacant Property Owner, Address, and Sales Print , �;. Pro enty Use: 0' "' PT OF NW 1/4 FROM CTR OF SEC RUN N 790.32FT TH W 33FT FOR POB TH S30DW 502.08FT TH W 247.88FT TH * * Click here for full legal 2006 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2006 Value 2006 Tax Information Comparable Sales value based on sales from Tax District: CW 2004 -2005: $0 Millage: 21.7640 Just/Market Value: .$1,3 68,5 00 Special Tax: $.00 Assessed Value/ SOH Cap: $1,368,500 Taxes: $29,784.03 History Taxable Value: $1,368,500 Taxes without Save - Our -Homes cap: $29,784.03 A significant taxable value increase may Taxes without any exemptions: $29,784.03 occur when sold. Click here for details. Mailing Address Property Address Sale Date Book/Page Price _� V/1 MID- PINELLAS OFFICE 1/2007 15580/1143 $2,550,000 Q V PARK INC 4500 140TH AVE N STE 8/2006 15326 / 1552 $498,100 U I 101 Plat Year Plat Book/Page(s) CLEARWATER FL 33762 Not Platted " Parcel Information Book/Page: Land Use: Vacant 15580/1143 Commercial (10) Census Tract: Evacuation Zone: NON - 268.08 EVAC Seawall: Land Use Vacant. Commercial(10) Land Information Frontage: None Land Size View: Unit Value Units Method 6.00 268,329.00 S http: / /www.pcpao.org /general _ vadet.php ?pn = 1629170000024004000 2/5/2007 Property Appraiser General Infation: 17/29/16/00000/240 /0400 Card Page 2 of 2 Vacant Extra Features Description Dimensions Value /Unit Units Total NewValue Depreciated Value Year No Extra Features on Record (Radius (feet):1, 1989 JjAerials B None* 2000 1ransparency:,0•5 �I U d8 e�Ma;p J How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word document; Select "Paste Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Frame in New Widow "; Print from the new widow. Interactive Map of this Back to Query New Tax Collector ap rcel Results Search Information Question/Comment about this age http: / /www.pcpao.org /general _ vadet.php ?pn = 1629170000024004000 2/5/2007