The URL can be used to link to this page

FLS2007-11047FLS2007- .11047 21800 US HIGHWAY 19 N - CL ARWATER COLLECTIONS H H R P PI LANNI O RECORD: NOT ENTERED ATLAS# 281B d ZONING: c LAND USE: CG CLWCoverSheet RECEIVED: 11/01/2007 INCOMPLETE: / / /, / D COMPLETE: MAPR- PHOTOS.: STAFF REPORT: DRC: CDB: CITY :t-V,5,TER By T. DAT • • 0. . 11 I`C'Y OF LE�RW�` T °�� cu far ` t :';POST OFFICE BOX 4748, CIEARW/,Q'I'ER, FLORIDA 33758 -47`8 A:j { r� � MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4865 PLANNING DEPARTMENT January 2, 2008 Woolpert, Incorporated Chad Huggins 8731 Red Oak Boulevard Suite 101 Charlotte, NC 28247 Re: Development Order regarding case FLS2007 -11047 at 21800 U. S. Highway 19 North. Dear Mr. Huggins: This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development Code. On December 6, 2007, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development approval to permit retail sales/ services in the Commercial (C) District with a reduction to the required parking from 786 spaces to 651 spaces and an increase in the allowable building height from 25 feet to 35 feet under the provisions of Section 2 -703. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Retail Sales and Services criteria under the provisions of Section 2- 703.R.; 2. The plan complies with General Applicability Criteria under the provisions of Section 3 -913; and 3. The proposed development is compatible with the surrounding area. Condition of Approval: 1. That all signage must be permitted separately; 2. That all building colors and architecture are consistent with the submitted plans; and 3. That all proposed utilities be placed underground. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above conditions. The approval is based on and must adhere to the application received November 2, 2007 and other supporting documents received December 10, 2007. Pursuant to Section 4 -303, an application for a building permit shall be made within one year of Flexible Standard Development approval (January 2, 2009). All required certificates of occupancy FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Woolpert, Incorporated Mr. Huggins Page -Two shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Scott Kurleman, Planner II, at 727 -562 -4567 x 2504. You can access zoning for parcels within the City through our website: w-vyw.myclearwater.com. Sincerely, Michael Delk, P Planning Director S: IPlat:ning DepartmentlC D BIFlex Standard (FLS)IPending Cases12 -Reviewed and Pending)US Hwy 19 N21800 - HH Gregg (C) 12 -6 -07 DRC SKI U. S. Hwy 1921800 - HHGregg -Development Order.DOC ,,Clearwater 0 Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 -562 -4567 Fax: 727 - 562 -4865 118 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION RI SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets ® SUBMIT FIRE .PRELIMARY SITE PLAN: $200.00 * SUBMIT APPLICATION FEE $ 475.00 9 CASE #: f152 w ? RECEIVED BY staff initial DATE RECEIVED: ( 1 T1 C * NOTE: IS TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) ORIGINAL RMERVED c ' Y"' 0 2 2007 PLANNING DEPARTMENT CiTY OF CLEARWATER FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 0412412007) - PLEASE TYPE OR P.idILNT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: Developers Diversified Realty Corporation MAILING ADDRESS: 3300 Enter p1 is_e. Parkway, Beachwood, Ohio 44122 PHONE NUMBER: 216- 755 -6490 FAX NUMBER: 216- 755 -3490 CELL NUMBER: 216 -571 -7630 EMAIL: tcowP_n @ddr.coin PROPERTY OWNER(S): DDR Southeast Clearwater Development, I_LC List ALL owners on the deed AGENT NAME: t-lool pert , Inc. MAILING ADDRESS: 8731 Red Oak Blvd., Suite 101, Charlotte, NC 28217 PHONE NUMBER: 704- 525 -6284 FAX NUMBER: _704- 525 -8529 CELL NUMBER: 704- 779 -1708 EMAIL: shad.huggins @wool pert. com B. PROPOSED DEVELOPMENT INFORMATION': (Code Section 4- 202.A) PROJECT NAME: Clearwater Collections- hhgregg PROJECT VALUATION: 3,750,000 STREET ADDRESS 21800 U.S. Highway 19 North PARCEL NUMBER(S): 0729161644 20000020 PARCEL SIZE (acres): 1.81 PARCEL SIZE (square feet): 78,729 LEGAL DESCRIPTION: Section 07, Township 29S, Range 16E Pinellas County - - PROPOSEDUSE(S): Retail Store 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.) The project consists of demolition of 14,000 square feet of existing retail space (3 units) and construction of a 30,000 - square foot hhgregg retail store. :1' : C1DocumaNs and Saaingslderek fargusanlDesklaplplanningtmms _07071riaxible Standard Develapmenl (FLS) 04.24 -07 doc W7 Pngc 1 7 0 0 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES __ NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) ® SUBMIT A GOPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) C. 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: 1. 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 proposed development is an upfit of an existing strip shopping center. The size and use is consistent with the existing center and will be in character with t:headjacent properties. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impairthevalue thereof. The proposed development will not impact nor impair the value of adjacent land or buildings as the use is consistent for the existing center. 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 will not create health /safety issues for persons residing/ working as there is no change in use of the property. 4. The proposed development is designed to minimize traffic, congestion. _Im ccts to traffic from the proposed development are negligible as outlined in the traffic impact study. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. _The___.prgposed development is consistent with the community character of the immediate area and will not alter it as the development is not being altered in terms of use. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposed development will not have impacts concerning visual; acoustic; olfactory; hours of operating effects on adjacent properties. The proposed use is consistent with the existing center. ORIGINAL ®� ,q �f . _1'fr 02 2007 CADocuments and Settingst derek :fergusontDesktoplpianningtorms _0707 %Flex a Standarcl Development (FL $) Od�"+t'r•Oi&II Dii)t''-RTA CNT rare 2 ttf 7 CITY OF CLEARWC IAf VTERtl • • WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) ' 0 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 N /Q E. STORMWATER PLAN SUBMITTAL Manual and 4- 202.A.21) of Clearwater Storm Drainage Design Criteria ® A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including .buildings, must include a stormwater plan that demonstrates compliance with the City of Cleamtater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ® If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. 11111 � At a minimum, the STORMWATER PLAN shall include the following; ❑ Existing topography extending 54 feel beyond all property lines; NIA a Proposed grading including finished floor elevations of all structures; ❑ All adjacent streets and municipal storm systems; tJ11Q O Proposed stormwater detentionlretention area including top of bank, toe of slope and outlet control structure; 1-1/14 ❑ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the Gity manual, NIA ❑ Proposed stormwater detentionlretention area including top of bank, toe of slope and outlet control structure; NIA ® Signature and seal of Florida Registered Professional Engineer on all plans and calculations. Q 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 Ir.,/',/A 0 ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): _ Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor CriF�� 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 requlrements., contact the City Public Works Administration Engineering Department at (727) 562 - 4750. F. - SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 242.A) ® SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 copies; TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) — please design around the existing frees; A TREE INVENTORY; prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; li LOCATION MAP OF THE PROPERTY; A 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; It PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final t*ed); IN COPY OF RECORDED PLAT, as applicable; RE , NED C;Tiocumerds and Sollingslderel: forgusonlDesktop%planninOoms 07071F1eriU:e Slandard Development (FLS) O�&4 -p7 dq6, ., _• j P�nge 3 of 7 P'L,zAi NiN a LACa A 11 tt . cily OF r LEAPW. �` • G. SITE PLAN SUBMITTAL REQUIREMENTS: (section 4- 202.A) • ik SITE PLAN with the following information (not -to exceed 24" x 36"): )E Index sheet referencing individual sheets included in package; 4 . North arrow; k Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; x All dimensions; �( Footprint. and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; y{ All required setbacks; All existing and proposed points of access; ,v/A All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including jJrl�l description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; , /A) 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; _V, 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 i (per Section 3-201 (0)(i) and Index #701); Y _ Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Jj Location of all outdoor lighting fixtures; and 4 Location. of all existing and proposed sidewalks. U SITE DATA TABLE for existing, required, and proposed development, in written /tabular form: EXISTING REQUIRED PROPOSED X Land area in square feet and acres; 1.81,_dC/78, 729 _SF 1.81 ac/78,729SF O,l Number of EXISTING dwelling .units; tog Number of PROPOSED dwelling units; Grass floor area devoted to each use; 14,000 SF 30,000 SF Parking spaces: total number, presented in tabular form with the 7- 570 649 Y, number of required spaces; _b _ ------- ._._ _ Total paved area, including all paved parking spaces & driveways, expressed in square feet & percentage of the paved vehicular area; 44 , 337 SF/53% 30 , 710 SF/47% ,4 Official records book and page numbers of all existing utility 1.4 , - 27 872 , 514 easement; 1.4.,278/2 7509 Building and structure heights; _ 35 Feet Impermeable surface ratio (I.S.R); and 98% _ _ ,. _ -_ 98 %_ Floor area ratio (F.A.R.) for all nonresidential uses. _17 _ _ 33.% ILL REDUCED COLOR SITE PLAN to scale (8 %.X 11); R FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One -foot contours or spot elevations on site; Mk Offsite elevations if required to evaluate the proposed stormwater management for the parcel; p!% All open space areas; y p►� A. fJ Locafion of all earth or water retaining walls and earth berms; 09.1GI �ef'�° h' Lot lines and building lines (dimensioned); a�9 _ Streets and drives (dimensioned); X Building and structural setbacks (dimensioned); s ov.', ab` ` >s Structural overhangs; rt��,yf,lt0lly 0,.0Dcuments: and Settingsldorek. fergusontDeskiop \olanriing'onns_0707%Fiexible Standard Development (FI:S) 04 -24 -07 dx Page 4 of 7 • • H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) Q LANDSCAPE .PLAN with the following information (not to exceed 24" x 36 '): All existing and proposed structures; stC Names of abutting streets; Drainage -and retention areas including swales, side slopes and bottom elevations; A11A Delineation and'dimensioris of all required perimeter landscape buffers; Ae%A Sight visibility triangles; IVIA 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 !C protective measures; Interior landscaping areas hatched and /or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; it Conditions of a previous development approval (e,g..conditions imposed by the Community Development Board); �{ Irrigation notes. * REDUCED COLOR LANDSCAPE PLAN to scale (81/Z X 11'); * 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. t. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) IS BUILDING ELEVATION DRAWINGS —with the following information: 1; All sides of all buildings; 9 Dimensions; Colors (provide one full sized set of colored elevations); and r: Materials. 0 REDUCED BUILDING ELEVATIONS — same as above to scale on 8'/= X 11. J. SIGNAGE: (Division. 19. SIGNS 1 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. A All PROPOSED :freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) 3 Comprehensive Sign Program application, as applicable (separate application and fee required). E Reduced signage proposal (8'hX 11) (color), if submitting Comprehensive Sign Program application. ORIGINAL REG VE® y 0 2 2007 PLANNING DEPARTMENT C: ;Documents and- Settingsltl erek, fergusonlDeskloplplanningfonns _Oi071Flexible Standard Development (FLS) �v�l'>r 70F CLEARWATER I'age 5 J7 • �j K. TRAFFIC IMPACT STUDY: (Section 4- 202.A,13 atyd 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 (his requirement. * Acknowledgement of traffic:impact study requirements ( Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY, Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project The water supply must be able to support the needs of any required fire sprinkler; standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ® Acknowledgement of fire Flow calculations /water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. _e:- Fire Flow Calculations1Water 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. DDR�Southeas le at ment, L.L.C. By._rr i f Joan U.Allgood, Executive YAe Presid I �etary) pHrU L ,/ptooGH STATE OF FbeRtbA, COUNTY OF441dEt� Sworn to and subscribed before me lltis 50 day of 0c--r-o 6 c f�._ A.D. 2D G to me and/or by _'r3AiS U - LLC 00 rD , who is personally known has produced as id nti Ica tion. Notary public, flMycommissionexpires: CATHrRINE B. KLETECKA Flu Gdrrimjg slnn Ilxplros Feb. 7, 0 2 2007 C:\Doaimerns and Settingfteiek forgo ,"nlrinskioplplannirigfomis 0707\Flezibte Standard Development (FLS) 04 -24 -07 doo PLANNING DPARTMENT Page 6 or CITY OF CLEARWATER • Tom Cowen Redevelopment Manager October 26, 2007 Mr. Neil C. Thompson Development Review Manager City of Clearwater Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 i/ DEVELOPERS DIVERSIFIED REALTY x RE: Flexible Standard Development Application (the "Application ") DDR Southeast Clearwater Development, L.L.C. Clearwater Collection (the "Shopping Center ") Clearwater, Florida Dear Mr. Thompson: • The Application requires DDR Southeast Clearwater Development, L.L.C. to submit proof of ownership of the Shopping Center. Please find enclosed the deeds whereby Inland Southeast Clearwater Development, L.L.C. ( "Inland Clearwater ") acquired title in and to the Shopping Center. Please also find enclosed the Certificate of Amendment of Inland Southeast Clearwater Development, L.L.C., filed with the Delaware Secretary of State on April 20, 2007, whereby Inland Clearwater changed its name to DDR Southeast Clearwater Development, L.L.C. Please also note that DDR ERR Acquisition LLC ( "Acquisition "), a wholly -owned subsidiary of Developers Diversified Realty Corporation ( "DDR "), acquired all of the assets of Inland Retail Real Estate Trust, Inc. ( "Inland "), pursuant to an Agreement and Plan of Merger by and among Acquisition, DDR and Inland dated October 20, 2006. Inland Southeast Clearwater Development, L.L.C. ( "Inland Clearwater ") was a subsidiary of Inland. Please allow this letter and its enclosures to serve as proof that DDR Southeast Clearwater Development, L.L.C. is the sole owner of the Shopping Center. Please contact me if you have any further questions. Respectfully, Tom Cowen Redevelopment Manager Developers Diversified Realty r 4 i ' ORIGINAL RECIWED ' _ f 02 2007 PLANNING DEPARTMENT CITY CAE CLEARWATER DEVELOPERS DIVERSIFIED REALTY • www.ddr.com • 3300 ENTERPRISE PKWY, BEACHWOOD, OH 44122 • TOLL FREE 877•CALLDDR r • I #: 2005162936 BK: 14278 PG: 2514, 04/29/2005 at 09:19 AM, RECORDING 7 PAGES $61.00 D DOC STAMP COLLECTION $25550.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM08 %t This instrument prepared by. `z ' Michael H. Krekstein, Esquire . Fineman Krekstein &Hams; United Plaza Building 30 S. 17" Street Suite 1800 Philadelphia, PA 19103; And Return to: James B. SM6, psgdiTC Ruden, WCloky, Smith, Schuster & Russelj, )L A,. 2700 SunUiSt Financial Centre 401 Eashjaci ksw Street TamW.F -14ida 33602 SPECIAL WARRANTY DEED This Special Warranty Deed made this 21" day of April, 2005, by BRIGHT HOUSE FLORIDA, L.L.C., a Florida limited liability company whose post office address is 11506 Nicholas Street #200, Omaha, Nebraska 68154, hereinafter called the GRANTOR to INLAND SOUTHEAST CLEARWATER DEVELOPMENT, L.L.C., a Delaware limited liability company, whose post office address is c o The Inland Group, Inc., 2901 Butterfield Road, Oak Brooks, IL 60521, Attn: Michael Moran, Esquire, hereinafter called the GRANTEE. WITNESSETH: That GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00), and other I valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, all that certain land situate in Pinellas County, Florida, viz: SEE EXHIBIT A" ATTACHED HERETO FOR LEGAL DESCRIPTION; TOGETHER with all the tenements, hereditaments and appurtenances, with every w privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. 0-1 t9 CO (J LU And the Grantor does hereby covenant that, except for restrictions and matters appearing O! a. C, r • • PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2515 .2 •, of record and all zoning,.;.ipsrictions, prohibition and other requirements imposed by governmental authority, the, -d restrictions set forth in Exhibit -B" attached hereto and made a part hereof, and the title iwpgptions set forth on Exhibit C" attached hereto and made a part hereof, Grantor hereby tbvenants with said Grantee that the Grantor is lawfully seized said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor will'defend the same against the lawful claims of all persons claiming by, through or under:4fi Q,ofitor. Wheryytr bed herein, the terms GRANTOR" and -GRANTEE,, shall include the heirs, personal reef GseaitOtives, successors and/or assigns of the respective parties hereto. WTi NESS WHEREOF, the said GRANTOR has caused these presents to be signed the day and Y+r above written. S }gri� %sealed and delivered th prresencc of. �_. BRIGHT HOUS RIDA, L.L.C., �_ ... Si =re L Its: Member tness Signature 15 AQREJ Tut co Print Name GRANTOR: Print Name STATE OF TENNESSEE a Florida ' 1'abi compan B: Si a Scott Fish Print Name COUNTY OF t The foregoing instrument was acknowledged before me this �6 day of / 2005, by Scott Fish as a Member of Bri ght House Florida, L.L.C., a Florida limited liabili company, on behalf of the company. He is personally known to me. f�aEY s. STATE yd+ o bli - i ) OF �� S TENNESSEE Print name: NOTARY Z My Commission Expires: PUBLIC �'--- -- �-P .2. MyCona:Nr�lon Expires MAt+Cit 14,2= 13�Spoaial .Watraury.Daed.BrigM How ialsndi.doc Q � u,s ur , f C:\Docvmads tud S1di_1_PTt:b1p1WL0w"aM.ocal Sdtiogs\Temporery Intema FnelhComacMAMLRF1 a r PINELLAS COUNTY FL OFF. REC. BK 14276 PG 2516 �5 r EXHMIT A PARCELI: Lot 4, THE Cl :L- P.,WATER COLLECTION SECOND REPLAT, a subdivision according to the 1 �- plat thereofr6odrded in Plot Book 107, page 24 of the public reoords of Pinellas County, Florida; less si►d e?cset :those portions thereof conveyed, taken or used for U.S. Highway 19. Rom Book. 1479r, Page 95, and as created by that certain Easement Agm meat dated Nt,ili« 19, 1986, which is attached as Exhibit "A" to Assigmment recorded in Official tccbrda Book 7319, Page 993, of the public records of Pinellas County, Florida, as affected by t<aiil•"Sament, for the purposes set forth therein, over and across the lands set forth therein. �• PARCEL 3: „ A Non - exclusive easements for the benefit Parcel 1, as created by that certain Parking and Driveway • '+ Easement recorded'in Official Records Book 6440, Page 2002, as amended in Official Records Book 6735, Page 212, of the public records of Pinellas County, Florida, for the purposes set fortis therein, over and across the lands set forth therein, less and except those portions thereof conveyed, taken or used for U.S. Highway 19. PARCEL 4: Nan- exclusive. easements for the benefit of Parcel 1, as created by that contain Operation and Reciprocal Easement Agreement recorded in Official Records Book 6440, page 2013, as amended in official Records Book 6735, page 217, in Offidial Records Book 6921, page 129, in Official Records Book 7541, -page $49, in Official Records Book 7561, page 2125 and in Official Records Book 9664, page 451, together with that certain Covenants, Restrictions, Grant of Easements and Modification of Clearwater, Commons Shopping Center Operation and Reciprocal Easement Agreement recorded in Official Records Book 12196, page 391, of the public records of Pinell as County, Florida, for the purposes act forth therein, over and across the lands set forth therein, less and except those portions oonveyed, taken or used for U. S. Highway 19. PARCELS: Non- exclusive easements for the benefit of Parcel 1, as created by that certain Drainage Easement Agreement recorded in Official Records Book 6618, page 2190. as affected by instroments recorded in Official Records Book 8629, page 152 and in Official Records Book 8681, page 394, of the public records of Pinellas County. Florida, for ft purposes set forth therein. over and across tie lands set forth therein, less and except thw portions conveyed, taken or used for'U.S. Highway 19. ORIGINAL RECEVED e�., 0 2 2007 _.� .. PLANNING PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2517 ,t i, EX>ii srr,B" . ,.� The. said its receipt and acceptance -of this conveyance 'covemnts, agrees and ' acknowledges that it takes title to the Property subject to the Permitted $armbrarx= attached to this Doed • as g.x bit @ and`tiiq;�llowing restrictions relating to the Property's use and improvement Grantee acknowledges and- egre6s that these restrictions are is addition to. and in ao way limit, the terms and caaditions of any z rction set forth in any of the Permitted Encumbrances. The following restrictions shall be deemed coveasagt8 running with the land but which shall terminate and be of no further force and effect upon the eipictirni of a period of tea (10) years from the date hereto, enforceable against the Grantee, its and assigns as owner of the Property and inuring to the benefit of and enforreable by the successors, $radtees . GrantoFa Its successors and assigns: - • _ - -.._ _ _...;r I�ie- portiCS�€iha- lhegerby _ _ —_ .... ; department within a store, for the sale of food, groceries, fruit, p educe. dairy products,'vegetablm - ;bakery prodactB, meats or delicatesam prodreets: •'•i 'v •, % B. No portion of the Property shall be used for the operation of a discarmt department store containing more than fifty thousand (50,000) square feet of floor arcs ORIGINAL REC VED )p 0 2 2007 PLANNING DEr ARTMENT CITY OF CLEARWATER F;' PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2518 '��`•'� •`° . �' PERMITTED EXCEPTIONS 1. Taxes,sn4.A6 ssments for the year 2005 and subsequent years. 2 Te4ins`a�nd'.pmvisions of the easement reserved in Deed recorded in Official Records Book 1*' %. pagb 95 and the Basement Agreement dated November 19, 1986. which is attached as 3atfi- blj'"A" to Assignment receded in Official Records Book 7319, page 993, of the public rpcor s of Pinellas County, Florida, as affected by said Assignment. (as to Parcel 2) 3i i'sl3teiinage Easement recorded in Official Records Book 1657, page 679, of the public records of t.Pinellas County, Florida. (as to Parcel 5) yl 'Easement(s) granted to Pinellas County, recorded in Official Records Book 1688, pale 353, of the public records of Pinellas County, Florida. (as to Parcel 2) S, Basement recorded in Official Records Book 3722, page 712, of the public records of Pinellas County, Florida. (as to Parcel 5) 6. Basements) granted to Pinellas County, recorded Mauch 2,1973, in Official Records Book • -.- 3999. page 760, and amended by Amendment to Drainage Easement recorded October 1,1987, in Official Records Book 6592, page 1481, of the public retards of Pinellas County, Florida 7. Easements) granted to Pinellas County, recorded March 4 1973. in Official Records Book 3999, page 762, of the public records of Pinellas County, Florida. S. Terms and conditions of Interlocal Agreement recorded February 12, 1987, in Official Records Book 6426. page 398, of the public records of Pinellas County, Florida. 9. Terms and eonditiorus of Parking and Driveway Basement recorded Much 5, 1987, in Official Records Book 6440, page 2002, and as amended by iristrun= recorded in Official Recalls Book 6735. page 212, of the public records of Pinellas County, Florida. 10. Terms and conditions of Operation and Reciprocal Basement Agreement recorded March 5. 1987. in Official Records Book 6440, page 2013, together with Amendments recorded in Official Records Book 6735, page 217. Official Records Book 6921. page 129, Official Records Book 7541. page 849, Official Records Book 7561. page 2125, Official Records Book 9664, page 451 and Official Records Book 12196, page 391, of the public records of Pinellas County, Florida. 11. Basements) granted to Florida Power Corporation, recorded In Official Records Book 6504. page 1405, together with Subordiination Agreements recorded in Official Records Book 8813, page 1298, Official Records Book 8813, page 1310. Official Records Book 8835, page 951, Official Records Book 8835, page 955, Official Records Book 8835, page 959 and Official Records Book 9156, page 1563, of the public records of Pinellas County, Florida. 12. Easement(s) granted to The City of Clearwater, recorded in Official Records Book 6605. page 82. together with Subordination Agreements recorded in Official Records Book 8698, page C -1 C°1 0' t� 0 0 CAP G im Ui Ui Lu LL_ -Q _�Q 0- PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2519 1153, Official R `ecotdc ook 8698, page 1157 and Official Records Book 8813, page 1278, of the public records i inellas County. Florida. 13. Easement(s) phriteif to The City of Clearwater, recorded in Official Records Book 6605, page 84, together with Subordination Agreement recorded In Official Records Book 8698, page 1126, *' W (iecoads Book 8698, page 1153 and Official Records Book 8698, page 1157, of the public records of Pinellas County, Florida. 14. 9) granted to no City of Clearwater, recorded October 20,1997, in Official Records Boo5, page 86, of the public records of Pinellas County, Florida. 15.y 4err6s and conditions of Declaration of Restrictions recorded November 5. 1987, in Official Riebrds Book 6616, page 1104, of the public records of Pinellas County, Florida (as to Parcel • i. '16 Terms and conditions of Drainage Basement Agreement recorded November 10, 1987, in Official Records Book 66.18, page 2190, as affected by buttuments recorded in Official Records Book 8629. page 152 and Official Records Book 8681, page 394, of the public records \ 7 of Pinellas County, Florida. 17. Essement(s) granted to Florida Power Corporation, recorded in Official Records Book 6640, page 448, together with Subordination Agreements recorded is Official Records Book 8813. page 1298, Official Records Book 8813, page 1310, Official Records Book 8$35, page 951, 4 ' Official Records Book 8835. page 955, Official Records Book 8835. page 959 and Official •` ' Records Book 9156, Page 1563, of the public records of Pinellas County, Florida 18. Basement(,) granted to The City of Clearwater, recorded In Official Records Book 6698, page 907, together with Subordination Agreements recorded in Official Records Book 8698, page 1126, Official Records Book 8698, page 1153. Official Records Book 8698, page 1157 and Official Records Book 8813, page 1278, of the public records of Pinellas County, Florida. 19. Restrictions contained In Deed recorded in Official Records Book 6735, page 188, of the public records of Pinellas County, Florida (as to Parcel 4) 20. Restrictions contained in Deed recorded in Official Records Book 6735, page 194, of the public records of Pinellas County, Florida (as to Parcel 4) 21. Covenants, Conditions and Restrictions contained in Warranty Deeds recorded In Official Records Book 6735. page 200 and Official Records Book 6735, page 206, of the public records of Pinellas County, Florida 22, ingresdEg ass Hasememt Agreement recorded in Official Records Book 7319, page 970, of the public records of Pinellas County. Florida. (as to Parcel 1) 23. Drainage Basement Agreanrerrt recorded in Official Records Book 7319. page 980, of the ® o public recalls of Pinellas County, Florida (as to Parcel l) 0° d 24. Structural Setback Agreement recorded in Official Records Book 7319, page 1009, of the public records of Pinellas County, Florida (as to Parcel 1) 25. Declaration of Unity of Title recorded in Official Records Book 7540, page 2223. as partially nEai+ss�ro:.m C -2 Z ix LU �Uj u u, z � -Q Z o,.. PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2520 .t i, released in Oftictal'Records Book 12196, page 508, of the public records of Pinellas County, Morida. 26. Permanent easements and takings of the right of direct access as set forth in instruments recorded �n Offncial Records Book 10598. page 2406, in Official Records W e 620, in Eial:Recorda Book 10714, page 624, in Official Recds Hook In Official.>;ecocde Book !0741, page 2041, is Official Records Bok 11704n Official °,�tecards Hook 11611. page 1495, of the pablic records of Pinellas 27. 1? t easements and takings of the right of direct access as set forth in instruments ' recorded in Official Records Book 10604, page 2207, in Official Records Book 10662, page `155-W in Official Records Book 10874, page 2276, of the public records of Pinellas County, �;�iprtda ,� <.t Restrictions contained in Deed recorded in Official Records Book 12196, page 479, of the • public records of Pinellas County, Florida (as to Parcel 4) ;s 9! Development and Use Agrearowts of which a Memorandum of was recorded in Official ? Records Book 12196, page 509, as re- recorded in Official Records Book 12278, page 2145, of ti. the public records of Pinellas County, Florida (as to Parcel 4) 30. Easement Agreement recorded in Official Records Book 12294, page 1770, of the public records of Pinellas County, Florida (as to Parcel 2) f • ' 31. Restrictions contained in Special Warranty Deed recorded in Official Records Book 14089, page 865, of the public records of Pinellas County, Florida (as to Parcel 1) 32. Restrictions, conditions, reservations. easements and other matters contained on the Plat of The Clearwater Collection Second Replat, as recorded in Piat Book 107, page 24, of the public records of Pinellas County, Florida F- w�� Ll ° C �� ?LU 0U nim�snrni.oi C -3 I #: 2005162935 BK: 14278 PG: 2509, 04/29/2005 at 09:19 AM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $19355.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM08 :4 L '1. w, 's GENERAL WARRANTY DEED - — /4% made as of this day of Al 2005. Wherever used and "GRANTEE" shall include the heirs, personal representatives, mpective parties hereto. ' OLLECTION ASSOCIATES, LTD., a Florida limited partnership, Avenue, St. Petersburg, FL 33707, "GRANTOR," and H4LAND l'ER DEVELOPMENT, L.L.C., a Delaware limited liability The Inland Group, Inc., 2901 Butterfield Road, Oak Brooks, IL GRANTEE." WITNESSETH, that the GRANTOR, for Ten Dollars ($10.00) and other good and valuable ~consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and `? sold to the said GRANTEE forever, the land, situate, lying and being in the County of Pinellas, State of - Florida, described as follows: Parcel 1 Lots 2 and 3, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat thereof recorded in Plat Book 107, pages 24 and 25, of the public records of Pinellas County, Florida, LESS AND EXCEPT mad right -of -way for U.S. Highway 19, abutting said parcel on the East. Parcel-2 Together with Grantor's rights in those certain non - exclusive easements as reserved in Deed recorded in Official Records Book 1479, page 95, and as created by that certain Easement Agreement dated November 19,1986 which is attached as Exhibit "A" to Assignment recorded in Official Records Book 7319, page 993, of the public records of Pinellas County, Florida, as affected by said assignment, for the purposes set forth therein, over and across the lands set forth therein. Parcel 3 Together with Grantor's rights in those certain non - exclusive easements as created by that certain Drainage Easement Agreement recorded in Official Records Book 6618, page 2190, as affected by instruments recorded in Official Records Book 8629, page 152 and in Official Records Book 8681, page 394, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across the lands set forth therein, less and except those portions conveyed, taken or used for U.S. Highway 19. TPA:353140:4 W Uj d C= C`+ UA ri. PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2510 TOGETHER with 1; hereditaments and appurtenances, with every privilege, right, title, interest and ion, remainder and easement thereto belonging or in anywise appertaining. To HAVE AND To HOLD the some in fee simple forever. And the VAn .e dpes hereby covenant that, except for the title exceptions set forth on Exhibit "R' attached hereto pd a pad hereof, Grantor does fully warrant the title to the above described real estate so herebybeAv yed and will defend the same against the lawful claims of all persons whomsoever. [SIGNATURES BEGIN ON NEXT PAGE] LU CQ 0 r PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2511 4 t. r IN WITNESS WHE*?E )he said GRANTOR has caused these presents to be signed the day and year above written. Signed, sealed and delivered . "- ` GRANTOR: in the vresence of: (Witness z atu-1 ; *: Print N i.+l :- S •� Addis 4-T)LTE OF FLORIDA :" COUNTY OF PINELLAS CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership By: Sembler Enterprise , Inc., a Florida corporatio artner By: Print Name: r' Its: fib: J r, The fo ygoing imstru nt was aclmowledged fore me s day o 2005, by �� as 11Q �rl'CV of Sem1fter Enterprises, Inc., a Florida corporate n, the general partner of Clearwater Collection Associates, Ltd., a Florida limited partnership, on behalf of the corporation and partnership. He is personally )mown to me. Signature) name: S phanip. P- Addis My Commission ires: AY P Oar 4BGn MVW*Pmm s COMMR4 MNUMBM 7l MY COMMISSl 6XPlFB E OFF p AUfi.23 006 TPA:353140:4 30335828 O .-z ® _ CV WE is CQ' Z [3G LU F ��fS 4J fD fi PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2512 8. • •. s E]ffDIBTI' "A•' ` , `RMITTED EXCEPTIONS t. Taxes and assessmenCs;or, the year2005 and subsequent years. Rights of tenants, as tenants only, under written but unrecorded Leases. (as to Parcel 1) Terms and provrstoas of the easement reserved in Deed recorded in Official Records Book 1479, page 95:�"e Easement Agreement dated November 19, 1986, which is attached as Exhibit "A'!,�ignment recorded in Official Records Book 7319, page 993, of the public records nfl?inejlas County, Florida, as affected by said Assignment. (as to Parcel 2) recorded in Official Records Book 1657, page 679, of the public records of Florida. (as to Parcel 3) :hi,ent(s) granted to Pinellas County, recorded in Official Records Book 1688, page 353, of �Ublic records of Pinellas County, Florida. (as to Parcel 2) it recorded in Official Records Book 3722, page 712, of the public records of Pinellas Florida. (as to Parcel 3) Easement(s) granted to Pinellas County, recorded March 2, 1973, in Official Records Book 3999, page 760, and amended by Amendment to Drainage Easement recorded October 1, 1987, in Official Records Book 6592, page 1481, of the public records of Pinellas County, Florida. Easement(s) granted to Pinellas County, recorded March 2, 1973, in Official Records Book 3999, page 762, of the public records of Pinellas County, Florida 9. Terms and conditions of Dnterloeal Agreement recorded February 12, 1987, in Official Records Book 6426, page 398, of the public records of Pinellas County, Florida. 10. Terms and conditions of Parking and Driveway Easement recorded March 5, 1987, in Official Records Book 6440, page 2002, and as amended by instrument recorded in Official Records Book 6735, page 212, of the public records of Pinellas County, Florida t- 11. Terms and conditions of Operation and Reciprocal Easement Agreement recorded March 5, 'LU uj d 1987, in Official Records Book 6440, page 2013, together with Amendments recorded in sue. Ce � Official Records Book 6735, page 217, Official Records Book 6921, page 129, Official --j ® o Records Book 7541, page 849, Official Records Book 7561, page 2125, Official Records Book C, 9664, page 451 and Official Records Book 12196, page 391, of the public records of Pinellas o County, Florida. � - �, .. 12. Easement(s) granted to Florida Power Corporation, recorded in Official Records Book 6504, 8813, (31 page 1405, together with Subordination Agreements recorded in Official Records Book page 1298, Official Records Book 8813, page 1310, Official Records Book 8835, page 951, Official Records Book 8835, page 955, Official Records Book 8835, page 959 and Official Records Book 9156, page 1563, of the public records of Pinellas County, Florida 13. Easement(s) granted to The City of Clearwater, recorded in Official Records Book 6605, page 82, together with Subordination Agreements recorded in Official Records Book 8698, page 1153, Official Records Book 8698, page 1157 and Official Records Book 8813, page 1278, of the public records of Pinellas County, Florida. TPA:353140-.4 PINELLAS COUNTY FL OFF. REC. BK 14278 PG 2513 i' 14. Easement(s) granted,to -The City of Clearwater, recorded in Official Records Book 6605, page 84, together witl('SuHoidinaiion Agreement recorded in Official Records Book 8698, page 1126, Official' -; ; s Book 8698, page 1153 and Official Records Book 8698, page 1157, of the public deed of Pinellas County, Florida. 15. Easement(s)'ranted to The City of Clearwater, recorded October 20, 1997, in Official Records Book§05, page 86, of the public records of Pinellas County, Florida. 16. Terms anii- conditions of Drainage Easement Agreement recorded November 10, 1987, in Qf bc� , records Book 6618, page 2190, as affected by instruments recorded in Official r!e4r js Book 8629, page 152 and Official Records Book 8681, page 394, of the public records o llas County, Florida ,2 1,.Z,` �em�t(s) granted to Florida Power Corporation, recorded in Official Records Book 6640, %/ -page 448, together with Subordination Agreements recorded in Official Records Book 8813, page 1298, Official Records Book 8813, page 1310, Official Records Book 8835, page 951, ' Official Records Book 8835, page 955, Official Records Book 8835, page 959 and Official Records Book 9156, Page 1563, of the public records of Pinellas County, Florida. ;18 Easement(s) granted to The City of Clearwater, recorded in Official Records Book 6698, page 907, together with Subordination Agreements recorded in Official Records Book 8698, page _ ? ' 1126, Official Records Book 8698, page 1153, Official Records Book 8698, page 1157 and Official Records Book 8813, page 1278, of the public records of Pinellas County, Florida. 19. Covenants, Conditions and Restrictions contained in Warranty Deeds recorded in Official Records Book 6735, page 200 and Official Records Book 6735, page 206, of the public records of Pinellas County, Florida. 20. Declaration of Unity of Title recorded in Official Records Book 7540, page 2223, as partially released in Official Records Book 12196, page 508, of the public records of Pinellas County, Florida. 21. Permanent easements and takings of the right of direct access as set forth in instruments recorded in Official Records Book 10598, page 2406, in Official Records Book 10714, page 620, in Official Records Book 10714, page 624, in Official Records Book 10714, page 628, in Official Records Book 10741, page 2041, in Official Records Book 11704, page 1408 and in Official Records Book 11611, page 1495, of the public records of Pinellas County, Florida. 22. Permanent easements and takings of the right of direct access as set forth in instruments recorded in Official Records Book 10604, page 2207, in Official Records Book 10662, page 353 and in Official Records Book 10874, page 2276, of the public records of Pinellas County, Florida. o C5 23. Easement Agreement recorded in Official Records Book 12294, page 1770, of the public N P. records of Pinellas County, Florida. (as to Parcel 2) �% LL- 24. Restrictions, conditions, reservations, easements and other matters contained on the Plat of The ° Clearwater Collection Second Rapist, as recorded in Plat Book 107, page 24, of the public _ records of Pinellas County, Florida. TPA - 353140 :4 Delaware 'IFe First State PAGE 1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A .TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "INLAND SOUTHEAST CLEARWATER DEVELOPMENT,. L. L. C. ", CHANGING ITS NAME FROM "INLAND SOUTHEAST CLEARWATER DEVELOPMENT, L.L.C." TO "DDR SOUTHEAST CLEARWATER DEVELOPMENT, L.L.C. ", FILED IN THIS OFFICE ON THE TWENTIETH DAY OF APRIL, A.D. 2007, AT 5:27 O'CLOCK P.M. 3619190 8100 070461992 uj Harriet Smith Windsor, Secretary Of State AUTHENTICATION 5615908 DATE: 04 -23 -07 f- Z m "i w o 9x G t z EA °` C%- 1.� 76 0 9 State of Delaware Secretaxy of.State Division of Corporations Delivered 06:36 PM 0412012007 FILED 05:27 PM 0412012007 SRV 070461992 - 3619190 FILE CERTIFICATE OF AMENDMENT OF INLAND SOUTHEAST CLEARWATER DEVELOPMENT, L.L.C. I. The name of the limited liability company is Inland Southeast Clearwater Development, L.L.C. 2, The Certificate of Formation of the limited liability company is hereby amended as follows: FIRST: The name of the limited liability company formed hereby is DDR Southeast' Clearwater Development L.L.C. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Amendment of Inland Southeast Clearwater Development, L.L.C. this Ili$. tray of April, 2007. INLAND SOUTHEAST CLEAR WATER DEVELOPNIENT. L.L.C. a Delaware limited liability company By Inland Retail Real Estate Limited Partnership Its Sole Member By DDR i Acquisition C Its Gen artner D eiss, Senior Vice President 76 Z M LU 4u c� j a c±_ 76 Si�pLa Ent.- Account No. Invoice 11/2/2007 P.O. No. Receipt #: 1200700000000009853 Amount 8:07:57AM �= CLEARWATER, FL- GENERAL PHASE 1 30112100.114110.2505 102307 p r Date: 11/02/2007 SITE & FIRE PLAN REVIEW 675.00 Line Items: 675.00 Case No Tran Code Description Revenue Account No Amount Paid FLS2007 -11047 03 Flex Std - Commercial 010 - 341262 475.00 FLS2007 -11047 Fire - Prelim Site Plan 010 - 342501 200.00 Line Item Total: $675.00 Payments: Payee: CITY OF CLEARWATER 160627 10/24/2007 00010521 $ * * * * ** *675.00 • Method Payer Initials Check No Confirm No How Received Amount Paid Check DDR IRR ACQUISITION LLC R_D 10521 In Person 675.00 Payment Total: $675.00 0 Name Ent.- Account No. Invoice Date P.O. No. Reference Amount Disc Net CLEARWATER, FL- GENERAL PHASE 1 30112100.114110.2505 102307 10/23/2007 SITE & FIRE PLAN REVIEW 675.00 675.00 ti Payor: DDR IRR ACQUISITION LLC Date Hdl Code: Check No. Check Amount Payee: CITY OF CLEARWATER 160627 10/24/2007 00010521 $ * * * * ** *675.00 Retain mis statement Tor your recortls 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 I of 1 cReceipt.rpt S�AL� 11/2/2007 Receipt #: 1200700000000009853 8:07:57AM �= Date: 11/02/2007 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLS2007 -11047 03 Flex Std - Commercial 010 - 341262 475.00 FLS2007 -11047 Fire - Prelim Site Plan 010- 342501 200.00 Line Item Total: $675.00 Payments: • Method Payer Initials Check No Confirm No How Received Amount Paid Check DDR IRR ACQUISITION LLC R_D 10521 In Person 675.00 Payment Total: $675.00 •, 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 l of l cReceipt.rpt °Clearwater 0 November 13, 2007 Woolpert, Inc 8731 Red Oak Blvd Ste 101 Charlotte, Nc 28217 CITY OF CLEIRWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. C OM VIA FAX: 704 -525 -8529 RE: FLS2007 -11047 -- 21800 US HIGHWAY 19 N -- Letter of Completeness Dear Woolpert, Inc : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 11047. 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 December 06, 2007, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 562- 4567x2504 or Scott.Kurleman@myclearwater.com. Sincerely yours, Cott Kurleman Planner II Letter of Completeness - FLS2007 -11047 - 21800 US HIGHWAY 19N °Clearwater November 05, 2007 Woolpert, Inc 8731 Red Oak Blvd Ste 101 Charlotte, Nc 28217 �CITY OFCLETRWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MYC LEARWATER. C OM VIA FAX: 704 -525 -8529 RE: FLS2007 -11047 -- 21800 US HIGHWAY 19 N -- Letter of Incompleteness Dear Woolpert, Inc : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 11047. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Page 1 of 7. What is the request? What deviations are you requesting? 2. Based on what the deviated request is for, written submittal requirements for flexibility criteria will need to be completed. Page 3 of 7. 3. Section F, Tree Inventory is marked as submitted. Not in submittal. @� J What parking deviation are you requesting. 786 spaces to 651 spaces? Application indicates a Comprehensive Landscape Program application is included. Not located. 6. While elevations indicate a scale of 1/8 = 1, they are not to scale. Application indicates a Comprehensive Sign Program application has been submitted. Not located. Section 4 -202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by Friday November 9, 2007 @ Noon. If you have any questions, please do not hesitate to contact me at 562- 4567x2504 or Scott.Kurleman @myclearwater.com. Sincerely yours, ott Kurleman Planner II . Letter of Incompleteness - FLS2007 -11047 - 21800 US HIGHWAY 19 N CITY OF CLEARWATER ° Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER.COM November 09, 2007 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 21800 US HIGHWAY 19 N (FLS2007- 11047) To Surrounding Property Owners: As a property owner within 500 feet of 21800 US HIGHWAY 19 N, the City of Clearwater Planning Department gives notice that an application for Flexible Standard Development approval to permit retail sales/ services in the Commercial (C) District with a reduction to the required parking from 786 spaces to 651 spaces and an increase in the allowable building height from 25 feet to. 35 feet under the provisions of Section 2-703.. On December 06, 2007, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be December 06, 2007. The City encourages you to participate in the review of this application. You may contact me at 562 - 4567x2504 orScott.Kurleman @myclearwater.com for further information, visit our office to review the files and /or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on December 06, 2007. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Sincerely yours, Scott Kurleman Planner II Letter of Notification - FLS2007 -11047 - 21800 US HIGHWAY 19N CAR CLEARWATER 8270 GREENSBORO DR STE 950 MC LEAN VA 22102 - 4909 KENNEDY, V JACK TRUST 2919 SHAWHAN RD MORROW OH 45152 - 9698 CRISTINO, LENNY 115 8TH ST BELLEAIR BEACH FL 33786 - 3220 KANE FURNITURE CORP 5700 70TH AVE PINELLAS PARK FL 33781 - 4238 SHEPHERDS CHRIST NIKJEH PROPERTIES LLC MINISTRIES 4114 WOODLANDS PKWY # 401 2919 SHAWHAN RD PALM HARBOR FL 34685 - 3450 MORROW OH 45152 - 9698 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER NEIGHBORHOOD COALATION PO BOX 8204 CLEARWATER, FL 33758 JOE EVICH PRESIDENT INLAND SOUTHEAST CLEARWATER DE 2901 BUTTERFIELD RD OAK BROOK IL 60523 - 1106 INLAND SOUTHEAST CLEARWATER DE FLS2007 -1 1 047 L A FITNESS INTERNATIONAL LLC SCOTT KURLEMAN 8105 IRVINE CENTER DR IRVINE CA 92618 - 3073 FLORIDA POWER CORP PO BOX 14042 ST PETERSBURG FL 33733 - 4042 TWEAN SUBSIDIARY PO BOX 4739 SYRACUSE NY 13221 - 4739 INLAND SOUTHEAST CLEARWATER DE 2901 BUTTERFIELD RD OAK BROOK IL 60523 - 1106 r October 31, 2007 City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 -5520 RE: Clearwater Collections — hhgregg Flexible Development Dear City of Clearwater: The Owner is requesting a change to the number of parking spaces for this project from 786 to 649 spaces. This modification will fall meets the City's parking code for flexible development as outlined in the Parking Study Letter previously provided to your office by Tindale- Oliver & Associates. The reason for the change of 651 spaces provided by the report and the 649 shown on the site plan is due to having to replace a landscape island being demolished with the new construction. The 2 "d change being requested is an increase in building height from 25 feet to 35 feet as allowed by code. The new building height will be identical to the existing building next door and will not reduce the vertical component of the view from any contiguous residential property. Sincerely, WOOLPERT, INC. Dave Dillow, P.E. Al O �D c�OF GOFp9 ?oOl ,'001 Conditions Associated With FLS2007 -11047 21800 US HIGHWAY 19 N Zoning Condition Scott Kurleman 562- 4567x2504 11/05/2007 Page 1 of 7. What is the request? What deviations are you requesting? Not Met 11/05/2007 Based on what the deviated request is for, written submittal requirements for flexibility criteria will Not Met need to be completed. Page 3 of 7. 11/05/2007 Section F, Tree Inventory is marked as submitted. Not in submittal. Not Met 11/05/2007 What parking deviation are you requesting. 786 spaces to 651 spaces? Not Met 11/05/2007 Application indicates a Comprehensive Landscape Program application is included. Not located. Not Met 11/05/2007 While elevations indicate a scale of 1/8 = 1, they are not to scale. Not Met 11/05/2007 Application indicates a Comprehensive Sign Program application has been submitted. Not Not Met located. Print Date: 11/09/2007 CaseConditons Page 1 of 1 c Tindale- Oliver & Associates, Inc. Planning and Engineering October 23, 2007 Neil C. Thompson ORIGINAL Development Review Manager REC8W6 City of Clearwater 100 South Myrtle Avenue 022007 Clearwater, FL 33756 NN11%; DErz, RTiIE 7 Subject: HH Gregg Appliance 0FCCSgRWArE Parking Tabulation City of Clearwater, FL ' Mr. Thompson, As requested, we have conducted a review of the amount of parking that is currently provided at the existing shopping center. Our client proposes to redevelop currently vacant,buildings of approximately 14,000 square feet and construct a 30,000 square foot HH Gregg Appliance Center. We have reviewed an email from Mr. Steven Everitt with the City, which details the parking code requirements from Section 2 -703 of the Community Development Code (see Exhibit A). Based on this information, we have calculated the total parking which would be required in order to meet the City's Code. We have also conducted a field count to document the provided parking (see Exhibit B). Based on a review of a site plan and a field tally, there are approximately 664 -671 existing parking spaces. With the addition of the HH Gregg Appliance center, 20 parking spaces will be lost, resulting in a total of 644 -651 parking spaces on site. The results of these analyses are presented in Table 1, below. Table 1: Parkina Tabulation Summary Use Description Size Units ex a es gn Standard Parking Requirement (spaces per ksf or court) Parking Requirement Floor and Decor Retail Sales and Service Use 66 ksf. 4 264 LA Fitness Main Workout Area Indoor Recreation /Entertainment 36 ksf 3 108 LA Fitness Ra uetball Courts2 Indoor Recreation /Entertainment 6 courts 1 6 BW3's Restaurant Use 7.6 ksf 7 ' 53.2 HH Gregg Retail Sales and Service Use 30 ksf 4 120 Total Required 551 Total Existing 671 Removed with Site Modification -20 Notes: 1 This includes the main workout area excluding the 9,000 square feet of raquetball courts 2 This includes the 6 raquetball courts As shown in Table 1, with the proposed HH Gregg appliance store, the shopping center's total parking requirement will be 551 spaces. As 651 spaces will be provided with the expansion, the shopping center will be in compliance with the City's parking code. 1000 North. Ashley Drive, Suite 100, Tampa, Florida 33602 • Phone: (813) 224 -8862 • Fax: (813) 226 -2106 1595 South Semoran Boulevard, Building 7, Suite 1540, Winter Park, Florida 32792 • Phone: (407) 657 -9210 • Fax: (407) 657 -9106 195.South Central Avenue, Bartow, Florida 33830 • Phone: (863) 533 -8454 • Fax: (863) 533 -8481 Tindale- Oliver & Associates, Inc. I'lainiing and Eugniccring Mr. Neil Thompson October 23, 2007 Page 2 of 2 have also attached a letter from you to our development team dated February 23, 2001, in which you have also stated that this site is expected to meet the parking requirement for the City (Exhibit C). Your analysis also included a future hotel site, which is not part of the current application. I trust that the information contained herein provides sufficient determination of the proposed project's compliance with City parking code. Should you have any questions or require additional information, feel free to get in touch with me. Sincerely, Tindale- Oliver and Associates, Inc. ` ORIGINk, REC!"VED W. T. Bowman ''r 022007 Transportation Engineer PLANNING DERMTMENT CITY ®i= C1Ea4RW�TER Attachments (Exhibit'A, B, C) Copy: Tow Cowen, DDR Jason Winkler, DDR . Bennett Elbo, City of Clearwater Steven Everitt, City of Clearwater Himanshu Patni, City of Clearwater 1000 North Ashley Drive, Suite 100, Tampa, Florida 33602 a Phone: (813) 224 -8862 • Fax: (813) 226 -2106 1595 South Semoran Boulevard, Building 7, Suite 1540, Winter Park, Florida 32792 a Phone: (407) 657 -9210 • Fax: (407) 657 -9106 195 South Central Avenue, Bartow, Florida 33830 •. Phone: (863) 533 -8454 9 Fax: (863) 533 -8481 < Steven.Everitt@myClearwater.com> 10/17/2007 12:52 PM ORIGINAL, REC VED To <TCowen @ddre.com> cc <Wayne.Wells @myClearwater.com> Subject RE: Parking Code s t�J� 02 2007 PLANNING 0EP,,4,RTtV1,- Nf, C11Y OF CIEARWATEP Mr. Cowen, Section 2 -703 of the Community Development Code is the Flexible Standard Development Standards section for the Commercial zoning district. A request for development approval of this section requires approval by the Development Review Committee. This is a staff level approval but all property owners within 500 feet will be sent a Letter of Notification stating the request(s). The property owners have a right to review the application and submit "substantial competent evidence that the request(s) should be approved or denied. All requests for parking reductions shall be accompanied by a Parking Demand Study (Section 3- 1401.C.) and requires approval by the Community Development Coordinator (Michael Delk, Planning Director). The parking requirement for a Retail Sales and Service Use (Floor & Decor, HH Gregg) is 5 spaces per thousand square feet of gross floor area but it may be reduced to 4 per 1000 sf/GFA. The parking requirement for an Indoor Recreation/Entertainment Use (LA Fitness) is 3 -5 spaces per 1000 sf /GFA or 3 -5 per lane, 1 -2 /court or 1 /machine. LA Fitness does have racquetball courts and a basketball court. The parking requirement for a Restaurant Use (recently permitted Buffalo Wild Wings) is 7 -15 spaces per 1000 sf/GFA. The parking requirements for the three uses are the same in Section 2 -704 (Flexible Development Standards section). If the parking requirements for Section 2 -703 cannot be met, then the applicant's only option to request development approval is a Comprehensive Infill Redevelopment Project Use (Section 2- 704.C.) All development approval requests of Section 2 -704 require approval by the Community Development Board, which is a public hearing. I will fax you a copy of the Commercial zoning district code. If you have any questions, please contact me. Steven Everitt Planner II City of Clearwater, FL 100 S. Myrtle Ave. Clearwater, FL 33758 Tel: (727) 562 -4547 Fax: (727) 562 -4865 - - - -- Original Message - - - -- Exhibit - A L 48 SPACES r w r lft�& T —u T-- 7:7! I 203 SPACES Ir IN Jrv-. :. t I ... 1. '! L. _ - 7— TOTAL = 664 SPACES TINDALE-0LIVER AND ASSOCIATES, INC. I= — AS-0. suF im —A, FW— 3— '62 SPACES r 41 Parking Space Tally T Exhibit B �',g Y1s�.ryi R��,, y�f:•r' G�I�w PLANNING DEPARTMENT February 23, 2007 Scott Fish 215 Gothic Court Franklin, TN 37067 t CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 3375 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE Avm-E, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 ORIGINAL RECVVED t'31V 02 2007 DEVELONMENT DEPARTMENT PLANNING DEPARTMEM APR - 5 2007 CITY OF CLERWATEP RE: Procedural analysis 21750 US Highway 19 N (21688 -21800 inclusive) Dear Mr. Fish: It was a pleasure to meet with you and your development team to go over the conceptual amendments to the above site and development order. The proposals were clear and are logical for the efficient use of site. The issues analyzed were conformance with the Countywide Future Land Use maximum development potential and parking for a net increase in retail space and the addition of up to 139 overnight accommodation units. The intensity and density meet the criteria for minimum standard approval and the parking falls within the range that may be administratively approved through a Flexible Standard Development application, subject to a complete and sufficient application submission and Development Review Committee approval. Bases for Recommendation: 1. The proposal meets the density and intensity guidelines for a mixed use development; 2. Shared Use Parking calculations for the Retail, Overnight Accommodation and Restaurant uses yield a parking demand that meets the Flexible Standard Parking Requirement; 3. Architectural, landscape and sign design are presumed to match or complement the previously approved FLS2006- 06034. If you have any questions, please do not hesitate to contact me (727- 562 -4557 or neil.thompson @myclearwater.com) if you need further assistance. You can access forms, zoning and parcels information City through our website: www.m clearwater.cam. Sincerely, Neil C. Thompson Development Review Manager Fwti^:K Filatl,�, MAYOR . Jrj N DORAN, CO( NCII,NFMBER J.B. JOHNSON, .31 'N(IL vE 6FR Btfi J ON"A)N COGtiC;f ME4$ER CARLEN A. PE USEN, (,i: UNCILME:.1f3ER "EQUAL FMPLOV'vgNT,L�iD Abit - C AFFIR, UTIVE AC-n0N EMPLOYE=R" October 31, 2007 ORIGINAL RE ERVED ^'= 02 2007 PLANNING DEPARTMENT CITY OF CLEARWATER City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 -5520 RE: Clearwater Collections — hhgregg Stormwater Narrative WOOLPERT Dear City of Clearwater: Woolpert, Inc. This project consists of demolition of 14,000 square feet of retail space at an existing 8731 Red Oak Boulevard strip shopping center and construction of a 30,000 square foot hhgregg retail store. Suite 101 The center already has an existing retention area in place. The additional square Charlotte, NC 28217 -3975 footage in building area will be replacing asphalt surface. There is no change to the impervious surface or quality of stormwater. The proposed runoff rate will be 704.525.6284 identical to the existing. Therefore, no additional detention /retention measures are Fax: 704.525.8529 necessary. www.woolpert.com Sincerely, WOOLPERT, INC. Dave Dillow, P.E. ORIGINAL RE ERVED ^'= 02 2007 PLANNING DEPARTMENT CITY OF CLEARWATER October 22, 2007 Chad H. Huggins, P.E. Woolpert, Inc. 8731 Red Oak Boulevard, Suite 101 Charlotte, NC 28217 Re: 21688 - 21800 US Highway 19 North - Zoning Interpretation Letter Mr. Huggins: ORIGINAL ��ECF ED 0 A 02 2007 PLANNING 0EPAARTMk_,NT _TV OF CLEARIfr,<ATEp The subject property is zoned Commercial (C) District and is consistent with its underlying land use designation of Commercial General (CG) Category. The subject property is not part of a Planned Development and is not located within and overlay district. Retail Sales and Services is a permitted use in this District. The subject property received Flexible Standard Development approval (FLS2006- 06034). The Zoning designations for the adjacent properties are: North- Commercial (C) and Preservation (P) East- Commercial (C), Preservation (P), and Pinellas County — Please contact the Pinellas County Zoning Department at 727 - 464 -3401 South- Commercial (C) West - Institutional (I) Absent the submission of full and complete information regarding the developed characteristics and zoning compliance of the property, the City cannot determine at this time whether the property is in compliance with all applicable zoning requirements. As of January 21, 1999, the City adopted the Community Development Code. This change may have created non- conformities, if so they are legal non - conformities and may continue. In the event a structure in which a non - conforming use is located is destroyed or damaged to the extent of less than 50 percent of the assessed value of such structure, the non - conforming use may be re- established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date of the damage. In the event a structure in which a non - conforming use is located is destroyed or damaged to 50 percent or more of the CAWMMemporary Internet Files \OLK23\21688 -21800 US Highway 19 (C)update.doc F 0 assessed value, these structures may be repaired or restored only if the structure and the use conforms to the standards of this development code for the zoning district in which it is located. The Community Development Code is available at http: / /www.myclearwater.com Sincerely, Neil Thompson Development Review Manager OPlG1NAL 02 2007 NBNG j-:PP RT1WEIV, ®F CLWATFp f CAWINNT \Temporary Internet Files \OLK23\21688 -21800 US Highway 19 (Qupdate.doc r 0 . August 27, 2006 Scott Fish 215 Gothic Court Franklin, TN 37067 RE: Development Order regarding case FLS2006 -06034 at 21750 US Highway 19 N Dear Mr. Fish: ORIGINAL REl VVED X4`4 02 2007 PLANNINGEr��RTt��'¢ CITY OF (':LWWA7EX> This letter constitutes a Development Order pursuant to Section 4- 202.E. of the Community Development Code. The Community Development Coordinator (CDC) reviewed your application for Flexible Standard Development approval to increase the height of a parapet wall from twenty -five feet to thirty -one feet in the Commercial District, per Section 2- 703.R. The CDC approved the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Retail Sales and Services criteria under the provisions of Section 2- 703.R.; 2. The plan complies with General Applicability Criteria under the provisions of Section 3 -913; and 3. The proposed development is compatible with the surrounding area. Conditions of Approval: 1. That all signage meet Community Development Code requirements; 2. That a Declaration of Unity of Title be recorded with the Pinellas County Clerk of the Circuit Court and two copies of the recorded document be submitted to the Planning Department prior to issuance of a Building Construction Permit (BCP); 3. That all required Occupational Licenses be obtained; and 4. That all Fire Department requirements be met prior to the issuance of any permits. I, through this letter, approve your application for Flexible Standard Development with the above conditions. The approval is based on and must adhere to the application received June 05, 2006 and other supporting documents including a site plan date stamped June 05, 2006. Pursuant to Section 4 -303, an application for a building permit shall be made within one year of Flexible Standard Development approval (August 26, 2007). All required certificates of occupancy f August 27, 2006 Mr. Fish —Page Two shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Develop ment Order does not relieve you of the necessity to obtain any building 1 Deleted: Fleasebeawarethatt .... .._...... _ ...... ......... ..........._.._.. _... - _.. _._.. ....................... ..........._. permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to contact Steven Everitt, Planner I (727 -562 -4567 x 2563 or steven.everitt@myclearwater.com) if you need further assistance. You can access zoning for parcels within the City through our website: www.myclearwater.com. Sincerely, Michael Delk, AICP Planning Director C. I WINN71 Temporary Internet Files IOLK23 121750 US 19 N Development Order.DOC ORIGINAL RE MED ,i ®2 2007 PLANNING DEPt,RTi6 rNr CITY OF CLFA4 WATFe APPROXIMATE LOCATION OF GAS LINE PER CITY Of CLEARWATER GAS- / ATLAS 2819 DATED SEPTEMBER '], \'IY 2007. NOT FIELD VERIFIED. JN�ABIt 0 AIN PIPE SIZE OR NVEP t� " BOM EL { t\55x ) ~`�D BRIGHTHOUSE NETWORKS FIELD Ah T +I a aim •a ' � - .. •kit •.. U 0-- 0 PROPOSED HH GREGG F.F. = 26.60 +/- 301000 S.F. 0.3' OFF FLOOR & DECOR F;. OFF, �I , RIM EL = 25.10 N -:E =20.01 1 ` ho PI AN ?ING, iYP ' G II ,I i•I t }� I Iu CI ANT SPACING. TYP. E EL . 24,53 = 20.18 i A PLANT SCHEDULE PLANT MATERIALS TO BE FLORIDA GRADE 01 OR BETTER) KEY QTY. BOTANICAL NAME COMMON NAME I SIZE COND. REMARKS PALMS CRI 3 ICYCAS REVOLUTA SAGO PALM 1 234-1 MIN" CONT. SPACE AS SHOWN SP 1 6 1 SABAL PALMETTO CABBAGE PALM 22' HT. 4' CLEAR TRtINI B&B SEE PLAN FOR SPACING TREES k. SHRUBS CH •.41 CHAMAEROPS HUMILIS EUROPEAN FAN PALM 3 "TPREAD MIN" MI CONT.1 SPACE AS SHOWN Cl 110 CHRYSOBALANUS ICACO RED TIP COCO PLUM M MI., N I. CONT. SPACE AS SHOWN GROUNDCOVER LM 420 URIOPE MUSCARI r LILYTURF 1 GAL. ICONT.1 SPACE 10• 1 � rjCC LOCATION CF WATER *ATE CI" OF CLFARWAIER LAS 2818 DATED MARCH NOT FIELD IERIF0 U 0-- 0 PROPOSED HH GREGG F.F. = 26.60 +/- 301000 S.F. 0.3' OFF FLOOR & DECOR F;. OFF, �I , RIM EL = 25.10 N -:E =20.01 1 ` ho PI AN ?ING, iYP ' G II ,I i•I t }� I Iu CI ANT SPACING. TYP. E EL . 24,53 = 20.18 i A PLANT SCHEDULE PLANT MATERIALS TO BE FLORIDA GRADE 01 OR BETTER) KEY QTY. BOTANICAL NAME COMMON NAME I SIZE COND. REMARKS PALMS CRI 3 ICYCAS REVOLUTA SAGO PALM 1 234-1 MIN" CONT. SPACE AS SHOWN SP 1 6 1 SABAL PALMETTO CABBAGE PALM 22' HT. 4' CLEAR TRtINI B&B SEE PLAN FOR SPACING TREES BS 1 ILEX OPACA AMERICAN HOLLY 12' HT. 2- CAL. MIN, B &B SEE PLAN FOR SPACING SHRUBS CH 24 CHAMAEROPS HUMILIS EUROPEAN FAN PALM 3 "TPREAD MIN" MI CONT.1 SPACE AS SHOWN Cl 110 CHRYSOBALANUS ICACO RED TIP COCO PLUM M MI., N I. CONT. SPACE AS SHOWN GROUNDCOVER LM 420 URIOPE MUSCARI r LILYTURF 1 GAL. ICONT.1 SPACE 10• • QUANTITIES ARE PROVIDED FOR CONVENIENCE ONLY. CONTRACTOR IS RESPONSIBLE FOR ALL QUANTITIES OF PLANTS ON LANDSCAPE PLAN. • MATERIAL SIZES LISTED IN THE PLANT LIST SHALL BE THE SIZE OF THE MATERIAL AT TIME OF PLANTINC, LANDSCAPE REQUIREMENTS 4 CALCS. INTERIOR PARKING REQUIREMENT: PROPOSED INTERIOR LANDSCAPING TO MATCH EXISTING INTERIOR LANDSCAPING TO BE REMOVED: EXISTING - 3 PALMS & 9 SHRUBS PROPOSED = 3 PALMS & 10 SHRUBS REQUIRED MINIMUM ISLAND SIZE - 150 SF REQUIRED DIMENSION OF INTERIOR ISLAND 8 FT PROPOSED ISLAND SIZE = 283 SF PROPOSED DIMENSION OF INTERIOR ISLAND 8 FT FOUNDATION PLANTING REOUIREMENT: REQUIRED MINIMUM PLANTING STRIP - 5 FT PROVIDED PLANTING STRIP - 7 1/2 FT REQUIRED PALMS a THREE PALMS EVERY 40 LF - 91 LF /40 LF - 3 PALMS PROVIDED PALMS = 6 REQUIRED SHRUBS - ONE SHRUB FOR EVERY 20 SF - 455 SF /20 SF - 23 PROVIDED SHRUBS = 24 N 0 20 40 80 GRAPHIC SCALE IN FEET .;learwater, hL I (etall Store • • • IIII� DEVELOPERS claYelana off 44126 1u yO. DIVERSIFIED 216.223.3200 HENCHMAN 2007_10_z REALTY 2 6,223 3210 fax ARCHITECTS www. herschmanarchitects.com APPROXIMATE LOCATION OF GAS LINE PER CITY OF CLEARWATER GAl- ATLAS 2818 DATED SEPTEMBER '.J, 2007. NOT FIELD VERIFIED. ` GRATE EL - 2388''•'- FULL Of WATER.I.'.'.... . a'XOM TO OB13_5 \\ PIPE SIZE OR N E� ecypoM EL � lisl ✓•Y '`'':':':':....':....::...: BR1GHTHOUSE NETWORKS FIELD .� r r r r r. SP 5 LM �-�-.��• y-•. � I Vii.. 15 CH Lm hhgregg .1 • (�1Aljk NG. TYP. /I I� G I PROPOSED HH GREGG'` F.F. = 26.60 - :.r1 �i �'I i I.. FOLL wA TR ... I '� +/- 307000 S.F. �. UNABLE r0 CA`.AI• <� — �BOT70M kl f3. 2 Gi LIM + I it ON -LINE OFF < � 5 FLOOR & DECOR I N '.E - 20.01 PLANT SCHEDULE (PLANT MATERIALS TO BE FLORIDA GRADE 01 OR BETTER) KEY QTY. BOTANICAL NAME COMMON NAME SIZE COND. REMARKS PALMS CR . t CYCAS REVOLUTA SAGO PALM 3 HT MIN "' I:`Nr SPACE AS SHOWN SPI 6 1 SABAL PALMETTO CABBAGE PALM 22. M• 14 CLEAR TRUNK I B&B I SEE PLAN FOR SPACING TREES BS 1 ILEX OPACA AMERICAN HOLLY 12' HT, 2" CAL, MIN. I B&B I SEE PLAN FOR SPACING SHRUBS OFF\1 24 � EUROPEAN FAN PALM 1 2,"', MM" PREAD CONT. APPROXIMATE LOCATION CF WATER' - Cl INf PER CITY OF C1.FARWATER CHRYSOBALANUS ICACO WATER ATLAS 2818 DATED MARE 3 MIN" !. 2007. NOT FIELD VERIFIED I SPACE AS SHOWN GROUNDCOVER LM 420 LIRIpPE MUSCARI LILYTURF t GAL. CONT. SPACE 10' SP 5 LM �-�-.��• y-•. � I Vii.. 15 CH Lm hhgregg .1 • (�1Aljk NG. TYP. /I I� G I PROPOSED HH GREGG'` F.F. = 26.60 - :.r1 �i �'I i I.. FOLL wA TR ... I '� +/- 307000 S.F. �. UNABLE r0 CA`.AI• <� — �BOT70M kl f3. 2 Gi LIM + I it ON -LINE OFF < � 5 FLOOR & DECOR I N '.E - 20.01 PLANT SCHEDULE (PLANT MATERIALS TO BE FLORIDA GRADE 01 OR BETTER) KEY QTY. BOTANICAL NAME COMMON NAME SIZE COND. REMARKS PALMS CR 3 CYCAS REVOLUTA SAGO PALM 3 HT MIN "' CONT. SPACE AS SHOWN SPI 6 1 SABAL PALMETTO CABBAGE PALM 22. M• 14 CLEAR TRUNK I B&B I SEE PLAN FOR SPACING TREES BS 1 ILEX OPACA AMERICAN HOLLY 12' HT, 2" CAL, MIN. I B&B I SEE PLAN FOR SPACING SHRUBS CH 24 CHAMAEROPS HUMILIS EUROPEAN FAN PALM 1 2,"', MM" PREAD CONT. SPACE AS SHOWN Cl 10 CHRYSOBALANUS ICACO RED TIP COCO PLUM 3 MIN" CONT. I SPACE AS SHOWN GROUNDCOVER LM 420 LIRIpPE MUSCARI LILYTURF t GAL. CONT. SPACE 10' • QUANTITIES ARE PROVIDED FOR CONVENIENCE ONLY. CONTRACTOR IS RESPONSIBLE FOR ALL QUANTITIES OF PLANTS ON LANDSCAPE PLAN. • MATERIAL SIZES LISTED IN THE PLANT LIST SHALL BE THE SIZE OF THE MATERIAL AT TIME OF PLANTING. LANDSCAPE REQUIREMENTS 4 CALLS. INTERIOR PARKING REOUIREMENi� PROPOSED INTERIOR LANDSCAPING TO MATCH EXISTING INTERIOR LANDSCAPING TO BE REMOVED: EXISTING = 3 PALMS & 9 SHRUBS PROPOSED = 3 PALMS & 10 SHRUBS REQUIRED MINIMUM ISLAND SIZE = 150 SF REQUIRED DIMENSION OF INTERIOR ISLAND = 8 FT PROPOSED ISLAND SIZE = 283 SF PROPOSED DIMENSION OF INTERIOR ISLAND = 8 FT FOUNDATION PLANTING R O IIR M NT: REQUIRED MINIMUM PLANTING STRIP - 5 FT PROVIDED PLANTING STRIP - 7 1/2 FT REQUIRED PALMS = THREE PALMS EVERY 40 LF = 91 LF /40 LF = 3 PALMS PROVIDED PALMS = 6 REQUIRED SHRUBS - ONE SHRUB FOR EVERY 20 SF = 455 SF /20 SF = 23 PROVIDED SHRUBS = 24 N 0 20 40 EO GRAPHIC SCALE IN FEET lOCat10 In1 Cller _- _ 25003 Emery Road, ARCHITECTS. 400 INC. -,M • • • rj DEVELOPERS Cleveland. OH 44128 11095.[ .aearwater, t-L �etall Store DIVERSIFIED DIVERSIFIED 216.2233200 HERSCHMAN 2007 -10 -2' REALTY 216.223, 3210 fax ARCHITECTS Y<ww herschmanarchitects. com I EXTERIOR FINISH SCHEDULE B.5 B.7 C C.2 C.8 D D.3 D.5 D.9 E F G H T "'co"M t� to vrrwy Beer 1110 locatto ini er-1 r jF S VWV 9M�c "T Fft$., COLOR. IS -ANAR:LLQ 11095.c .;iearwater, FIL -<etao Store DIVERSIFIED FINISH SPECIFICATIONS HERSCHMAN 2007-10-3 REALTY 216 223 3210 1" ARCHITECTS S. %e.T L I f19. s.1ftm To A a 81 B.5 B.7 C C.2 C.8 D D.3 D.5 D.9 E F G H T HERSCHMAN ARCHITECTS, INC. 1110 locatto ini chef DEVELOPERS 25001 Emery Road, Suifte 400 Cle�eland OH 44128 11095.c .;iearwater, FIL -<etao Store DIVERSIFIED I - HERSCHMAN 2007-10-3 REALTY 216 223 3210 1" ARCHITECTS , hersch—na,chitects com PR.tI%S.EOAWM'IIM SOUTH ELEVATION , c B A !H !.O'. E E) To TO ',AT4� T Vve-- I ---jQ H: co"$MUT —T� WEST ELEVATION I I �VI-P:Q11r)D M M/AT 91 6�'' 9M5• 1 r HERSCHMAN ARCHITECTS, INC. 1110 locatto ini chef DEVELOPERS 25001 Emery Road, Suifte 400 Cle�eland OH 44128 11095.c .;iearwater, FIL -<etao Store DIVERSIFIED I - HERSCHMAN 2007-10-3 REALTY 216 223 3210 1" ARCHITECTS , hersch—na,chitects com PR.tI%S.EOAWM'IIM Yom ih 1 —1 rINTVRITa AT EAST ELEVATION 2 3 4 5 e 7 F Alf, Dom FAINT I,, mATOR NORTH ELEVATION 7 6 5 4 3 2 A.2 1 A ;L L mv ------------------- ------ - - - - -ST BEAW NB ---------------------- --------------------------- ADJACENT TENANT INFOREGROUND ------------- — ----- -- ---------- --- SOUTH ELEVATION , c B A !H !.O'. E E) To TO ',AT4� T Vve-- I ---jQ H: co"$MUT —T� WEST ELEVATION I I �VI-P:Q11r)D M M/AT 91 6�'' 9M5• 1 r HERSCHMAN ARCHITECTS, INC. 1110 locatto ini chef DEVELOPERS 25001 Emery Road, Suifte 400 Cle�eland OH 44128 11095.c .;iearwater, FIL -<etao Store DIVERSIFIED 216.223 3200 HERSCHMAN 2007-10-3 REALTY 216 223 3210 1" ARCHITECTS , hersch—na,chitects com A B B.f B.5 B.7 C C.2 C.8 D: D.3 D75 6.9 E I I I I .�.�d -0• I— �� SOLDER GGY.tIK I •— - -. -- I I I I PQnN!' A4HMLH n : ■ _ _ it I CF1 EIFS ^JTfRM DRYJT9AMDOLAvT° IIN4H GGxLi O!'11ATUt %YHTE' TOE. � COLOR rO I � ' "9" 1 E IFS SYSTEM. DRY' It AANDBLAS P WAH GOLGR: 9 ANN[ILtA YMITE "` 10-Y •4'�>�, _ `FI - -- ,i+'M , _a •NE n'V.EN, GiY9.CM !/�LOR: 'NI61m43 60LD• 1 „ A -PI' -- -. _ . REFHt 10 9Ni AA 'Jlr N KR FINISH SPECIFICATIONS >cD noN %PaNr sPEGIPICnng61 - _ _ - -- — _ - I ..� ,. _ .ardlr sYnTa+WTH'•sAlcnASr I __" -- __ -_ �. -. I _ ... - _ . 4_ - ' _ .: :. ,� n.a. ; I :o4wce>. trorcNe• 2ATU¢ POR I __ _ _ I _ ] ELOGK PG10sttt AHD DEM &ri TO BC VNiPORM iM�OViNOV' THE W LC116. - - _ }�F�. _� - -- - —_ - _ R•3ER T6 BTItlA -TLRAL GRAWNBS. _ -__ -- 1- _ _ : E. 9LEN11T CIP9, aMM.ES TO ARGHIT" -{iT CR!1PPR0� / %. -: .__._.._.. T r T • T. .. I PNI9N FLOOR_____ zcoaAnvE Lwrr FIKi1AE. — •ULLCIn -C'EK DOOR, :_4 r0 WATCH op EAST ELEVATION A.2' ' 2' 3: ,4, •5. 6 7 sRav I L TG° d P 4R .i I - _ 30'O" T A. -0• �._ _ _ _ -5C 0'_..__ � - 0,-0 __ a0' 3f/d ____ 7 - I �' -31'3' Ais' \ G / '33' -c• a _ 1'. a. I �._ •. _. � 1 usnT FaneeE 'P !4- •.+'ASP _ t•.,� . � __ t l4 •SC APF. I PLANT TO NATGN _ROILIN2_.. ADJACENT GMV F LASH FLOGR ..... MCtl.w•1 MEr% DGVR. .' PAW ro wrcN —. ,K a. REC_sseD xcK AD.N:EVf SLaGR. I `ApP.A EEYC� 40, W Ww TO` t� NORTH ELEVATION eorroM 7 e s a 3 2 A.2 1 A STdE d' ATE .. �' -� � °O - -�_ � :b' -O' � ° -J• -O' I _ 50•-O' I .I _. _.O.O �� I TOP OF I i I 1 I I LTGP�G PIJ_ N8:FM5NED ALI.T11'EM j PREPItD ^_1® 4LN11fM.51 • 44I1''FF ��'' TOA GdIN5, Gd-OR TO NAtd GOPmS, GQGR -0 MA•G k-4 T.B ��v'7�•. JP9. I I E'F5. •�S -9' AFF f' ��3T -3' ATF --------------------- _ - _ _ __ ��.nlsr eE.uaw I ADJACENT TENANTt J ri IN FOREGROUND SOUTH ELEVATION !:H' rp) E 'ID C B A ROOF' JCilt I 1 1 EziERbx L s+r Flxnra • ' n o I e' . ' n.ln xuFP� 4. u -- PRpiNi91{D ALLMWM IS'-0 APP TO GEHIER ITYP), i \ EPDN R -.yF ND•@q NE ";} RN I•fl y(I �p I GOPINS. GOL']R TO NAT!Y I I R_: Jt TO Et[LTR C AL � �._ CAGk' DE C - TG@3�., AYD ~. GOLGR 0 MAYS PRr�YJE 2. I TOD 9P9. -� DRAiI:N55 —� I � PRAP�T RE'RG e. '� GOW.IErE'�".A'r 3L I _• ', T,J TOM I i —12-0 u� FIN19N PLODR '`• _— ` -.'.� "� `'r __ wc�r cT cv ♦rTnu _m Iocati0 Inl cllet 25001 Emery Road, SuRe INC. :aearwater, I-L letau Store • - • • IIII� DEVELOPERS 216.2233200 41126 HERSCHMAN 11095.0 DIVERSIFIED 2007 -10 -3' REALTY 216.223.3210fax ARCHITECTS w herschmanarchitects com EXTERIOR FINISH SCHEDULE 4`M1,- 8 63P Fi„E, (,O+GR[TC ASpNW N.SP NTED 4!W1N FxLL:AM3 lALLR 5vl bOTI LNERYDAY W1TE �NLL3 P 0 W ^qN PAyE, K m S. tow -- TE MASGfRY VMri PAINED SrCiWEi WLEIAMb'GOEOR K.RT ^RLY - -OP d P>R A B B.f B.5 B.7 C C.2 C.8 D: D.3 D75 6.9 E I I I I .�.�d -0• I— �� SOLDER GGY.tIK I •— - -. -- I I I I PQnN!' A4HMLH n : ■ _ _ it I CF1 EIFS ^JTfRM DRYJT9AMDOLAvT° IIN4H GGxLi O!'11ATUt %YHTE' TOE. � COLOR rO I � ' "9" 1 E IFS SYSTEM. DRY' It AANDBLAS P WAH GOLGR: 9 ANN[ILtA YMITE "` 10-Y •4'�>�, _ `FI - -- ,i+'M , _a •NE n'V.EN, GiY9.CM !/�LOR: 'NI61m43 60LD• 1 „ A -PI' -- -. _ . REFHt 10 9Ni AA 'Jlr N KR FINISH SPECIFICATIONS >cD noN %PaNr sPEGIPICnng61 - _ _ - -- — _ - I ..� ,. _ .ardlr sYnTa+WTH'•sAlcnASr I __" -- __ -_ �. -. I _ ... - _ . 4_ - ' _ .: :. ,� n.a. ; I :o4wce>. trorcNe• 2ATU¢ POR I __ _ _ I _ ] ELOGK PG10sttt AHD DEM &ri TO BC VNiPORM iM�OViNOV' THE W LC116. - - _ }�F�. _� - -- - —_ - _ R•3ER T6 BTItlA -TLRAL GRAWNBS. _ -__ -- 1- _ _ : E. 9LEN11T CIP9, aMM.ES TO ARGHIT" -{iT CR!1PPR0� / %. -: .__._.._.. T r T • T. .. I PNI9N FLOOR_____ zcoaAnvE Lwrr FIKi1AE. — •ULLCIn -C'EK DOOR, :_4 r0 WATCH op EAST ELEVATION A.2' ' 2' 3: ,4, •5. 6 7 sRav I L TG° d P 4R .i I - _ 30'O" T A. -0• �._ _ _ _ -5C 0'_..__ � - 0,-0 __ a0' 3f/d ____ 7 - I �' -31'3' Ais' \ G / '33' -c• a _ 1'. a. I �._ •. _. � 1 usnT FaneeE 'P !4- •.+'ASP _ t•.,� . � __ t l4 •SC APF. I PLANT TO NATGN _ROILIN2_.. ADJACENT GMV F LASH FLOGR ..... MCtl.w•1 MEr% DGVR. .' PAW ro wrcN —. ,K a. REC_sseD xcK AD.N:EVf SLaGR. I `ApP.A EEYC� 40, W Ww TO` t� NORTH ELEVATION eorroM 7 e s a 3 2 A.2 1 A STdE d' ATE .. �' -� � °O - -�_ � :b' -O' � ° -J• -O' I _ 50•-O' I .I _. _.O.O �� I TOP OF I i I 1 I I LTGP�G PIJ_ N8:FM5NED ALI.T11'EM j PREPItD ^_1® 4LN11fM.51 • 44I1''FF ��'' TOA GdIN5, Gd-OR TO NAtd GOPmS, GQGR -0 MA•G k-4 T.B ��v'7�•. JP9. I I E'F5. •�S -9' AFF f' ��3T -3' ATF --------------------- _ - _ _ __ ��.nlsr eE.uaw I ADJACENT TENANTt J ri IN FOREGROUND SOUTH ELEVATION !:H' rp) E 'ID C B A ROOF' JCilt I 1 1 EziERbx L s+r Flxnra • ' n o I e' . ' n.ln xuFP� 4. u -- PRpiNi91{D ALLMWM IS'-0 APP TO GEHIER ITYP), i \ EPDN R -.yF ND•@q NE ";} RN I•fl y(I �p I GOPINS. GOL']R TO NAT!Y I I R_: Jt TO Et[LTR C AL � �._ CAGk' DE C - TG@3�., AYD ~. GOLGR 0 MAYS PRr�YJE 2. I TOD 9P9. -� DRAiI:N55 —� I � PRAP�T RE'RG e. '� GOW.IErE'�".A'r 3L I _• ', T,J TOM I i —12-0 u� FIN19N PLODR '`• _— ` -.'.� "� `'r __ wc�r cT cv ♦rTnu _m Iocati0 Inl cllet 25001 Emery Road, SuRe INC. :aearwater, I-L letau Store • - • • IIII� DEVELOPERS 216.2233200 41126 HERSCHMAN 11095.0 DIVERSIFIED 2007 -10 -3' REALTY 216.223.3210fax ARCHITECTS w herschmanarchitects com 7 DEVELOPERS DIVERSIFIED REALTY December 1.2, 2007 Mr. Scott Kurleman City of Clearwater Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 RE: FLS2007 -11047 — 21800 US Highway 19 N Dear Scott: ®R /G /Ak �ECEIVEp DEC ?®07 C ryOF C��TMft AO I am enclosing the recorded copy of the cross access / cross parking agreement that exists for the Clearwater Collection Shopping Center along with the recorded copies of all of the subsequent amendments that have occurred to date. These were requested at the Development Review Committee meeting of December 6, 2007. Please feel free to call or email me should you have further needs or questions regarding the above referenced case. I appreciate your help and assistance with our project. Tom Cowen Redevelopment Manager Developers Diversified Realty 3300 Enterprise Parkway / P.O. Box 228042, Beachwood, OH 44122 / 216.755.1500 / www.ddre.com f -4 0. vv-, fir 870 ate 1AW CLEARWATER CC` 1ONS SHOPPING CENTER PRO OPERATION AND RECIPROCAL EASEMENT AGREEME" BETWEEN 41 DS A Int LECHMERE, INC... 13 1587061 40 1. OM? Tot 40 299.00 TOTAL 289.00 CHWK and CLEARWATER COLLECTION ASSOCIATES, LTD., f a Florida Limited Partnership r ga... 0A CLEARWATER, FLORIDA nanu4m PIWAFM BY: Fbbert L. Rys, Raquim Attoxney for nkrzw wmw axwopnrw 777 Nioollet Hall Mi"w"lis, Minnesota 55402 L cz T 1 , I ' 1,i�� Ali' • •3.A f. .. ' : •: :, :' ":. .. i� ( I ii I ? 1•ft �tif��lely ;�[ l• t .. : � • ,'F •' -� *f.3; ..•'. M, .�:tj '3 1. 'i:�'•".•.;; Y �!`. •�•' ..':, ;�.t•�'^' , �C1� ,.,' •: Cyr.. `�•�' .QpER11T1(N AND":'RDCIPROCAL EASES AGRF.EME21T' rt"Li'bir CONTENTS MR . . . . . . . . . . . . . . . . . . 1 Cole i DEFINITIONS . . . . . . . . . . . . . . . . . 2 Bridge . . . . . . . . . . . . . . . . . . . 2 Building Area . . . . . . . . . . . . . . . . 2 I':L:j`.... ' Contoon Area . . . . . . . . . . . . . . . . 2 e!; . , Floor Area . . . . . . . . . . . . . . . . . 2 r; ti::: ` •,' 1.5 Occupant . . . . . . . . . . . . . . . . . . 3 Outparcel . . . . . . . . . . . . . . . . . . 3 `'.•.; 1.7 Party . . . . . . . . . . . . . . . . . . . . 3 a' 1.9 Person q ;.,.;:• 1.9 Permittee . . . . . . . . . . . . . . . . . . 4 ?" 1.10 Tract . . . . . . . . . . . . . . . . . . . . 4 * �'+F',•• c Article II EASEMENTS 5 2.1 Ingress, Egress, and Parking . . . . 5 4= ^"• "l•Y+� '{ - . . . . 1. ''• pr`s. s�;, 2.2 utilities . . . . . . . . . . . . . . . . . . 7 2.3 Construction, Maintenance and Reconstruction. 9 I "� ?A: 2.4 Restriction . . . . . . . . . . . . . . . . . 10 j• % 2.5 Perpetual Easements . . . . . . . . . . . . . 10 ' Article III CONSTRUCTION . . . . . . . . . . . . . . . . 11 3.1 General Requirements . . . . . . . . . . . . . 11 3.2 Common Area . . . . . . . . . . . . . . . . . 13 f 3.3 Building Improvement . . . . . . . . . . . 16 3.4 Lechmere Building Pad . . . . . . . . . . . . 19 Article IV MAINTENANCE AND REPAIR . . . . . . . . . . . 19 4.1 Utilities . . . . . . . . . . . . . . . . . . 19 t i c• 4.2 Common Area 20 , 4.3 Building Improvements . . . . . . . . . . . . 26 Article V OPERATION OF THE SHOPPING CENTER. . . . . . . 27 5.1 Uses . . . . . . . . . . . . . . . . . . . . 27 •• �:,. I 5.2 Lighting . . . . . . . . . . . . . . . . . . 30 I j Article VII TERM . . . . . . . . . . . . . . . . . . . . 47 7.1 Term of this REA . . . . . . . . . . . . . . 47 Article VIII CONSTRUCTION COVENANTS . . . . . ' t 8.1 Lechmere Covenants . . . . . . . . . . • . . . . . . . 31 Developer Covenants . . . . . . . . Insurance . . . . . . . . . . . . . . . . • . . ' ::' , •< ... '•'' .... ' �, Taxes, and Aasesaments • 38— . F; .�: 6r •, • Liens . 39 .. ticli.VI jUSCELLAI=S . . . . . . . . . . . . . . . . 39 Default . . . . . . . . . . . . . . . . . . . 39 y �... 6.3 Estoppel Certificate . . . . . . . . . . . . 41 .k° 6.4 Notices 42 6.5 Approval [tights . . . . . . ... . . . . . . . 43 6.6 Condemnation . . . . . . . . . . . . . . . . 44 6.7 Binding Effect . . . . . . . . . . . . . . . .44 6.8 Singular and.Plural . . . . . . . . . . . 44 6.9 Counterparts and Signature Pages 44 6.10 Negation of Partnership . . . . . . . . . . . 45 6.11 Not a Public Dedication . . . . . . . . . . . 45 6.12 Excusable Delays . . . . . . . . . . 45 6.13 Severability, . . . . . . . . .. . . . . . . . 45 6.14 Amendments . . . . . . . . . . . . . . . . . 46 6.15 Captions and Capitalized Terms . . . . . 46 6.16 Minimization of Damages . . . . . . . . . . . 46 6.17 REA Shall Continue Notwithstanding Breach 46 6.18 Time . . . . . . . . . . . . . . . . . . . . 46 6.19 Non waiver . . . . . . . . . . . . . . . . . 47 6.20 Shopping Center Name . . . . . . . . . . . . 47 Article VII TERM . . . . . . . . . . . . . . . . . . . . 47 7.1 Term of this REA . . . . . . . . . . . . . . 47 Article VIII CONSTRUCTION COVENANTS . . . . . . . . . . . 47 8.1 Lechmere Covenants . . . . . . . . . . . . . 47 8.2 Developer Covenants . . . . . . . . . . . . . 48 8.3 nepurchase Option . . . . . . . . . . . . . . 49 ii t: ' t ' i• •r bb •` i x: '' \• i `06t"6, CUT- `06t"6, 'ATZON; ON LIABILITY Shce - Leaseback or Mortgage •_. Derieloper!s•Limitation on Liability -. .,. 52. u °.•�,: ;'' Le'ohmera•s Limitation on Liability 52 i :t A -Legal Description of Lechmere Tract ,t S' Legal Description of Developer Tract It c Site Design criteria It X Site Plan iii i 'A. ' 3i: t J .1 ? OVA, . 0 04.$ �i01iu 20t , <<r-" OPERATION AND RECIPROCAL EASEMENT AGREEMENT •k�i T• THI8 AGREEMENT ("AEA ") is made and entered into as of the o day of F , 19M, between LECHMERE, INC., a Massachusetts corporat on ( "Lechmere ") and CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida Limited Partnership ( "Developer "). WHEREAS, Lechmere is the lessee / and holds an option to ,r•, become the owner of a certain tract of land described in Exhibit ... •'i�e:J if A attached hereto ( "Lechmere Tract ") and identified as such on Exhibit X (the "Site Plan ") attached hereto; andish, ' WHEREAS, Developer is the lessee, and holds the option to i ^` become the owner of certain tracts of land, leases a tract ( "Developer Leasehold Tract "), holds an easement for mutual access over still other land ( "Rothman Easement "), and holds an easement for ingress and egress over certain other land (the "Florida Power Easement "), all of which is described in Exhibit B attached hereto ( "Developer Tract ") and identified as such on the r• Site Plan; and WHEREAS, the Lechmere Tract and the Developer Tract, together with a certain easement for drainage purposes ( "Drainage 4 Easement ") which benefits and burdens both the Developer Tract and the Lechmere Tract, (collectively the "Shopping Center ") are r contiguous and adjacent as shown on the Site Plan; and WHEREAS, the signatories hereto intend to develop and operate i their respective Tracts in conjunction with.each other as integral parts of a retail shopping complex and in order to effectuate the common uue and operation thereof they desire to enter into certain covenants and agreements as a part of a i general plan, and to grant to each other certain reciprocal ease- ments, in, to, over, and across their respective Tracts. T 01 �I FORE; in consideration of the promises, the cava- • ^•.: -•• •• - nhnt's:;and'_a9reements hereinafter set forth and in furtherance of .ttiepariies understanding, it is agreed as follows: ARTICLE I DEFINITIONS 1.1 Bridge. "Bridge" shall mean that certain structure labeled as such on Exhibit X. 1.2 Building Aree. "Building Area" shalt mean the limited areas of the Shopping Center shown on Exhibit X Within which buildings (including canopies, supports, loading docks, truck ramps end other outward extensions) may be constructed, placed or located. 1.3 Common Area. "Common Area" shall mean all areas within the exterior boundaries of the Shopping Center, exclusive of (i) buildings and their respective truck docks and /or receiving areas. mot' J 1.4 Floor Area. "Floor Area" shall mean the actual number of square feet of space contained on each floor within the building as measured from the exterior faces of the exterior walls or store front and /or the center line of any common walls; provided, however, that the following areas shall not be included In such calculations: mezzanine storage space, and mezzanine office apace. Each Party shall direct its architect to make a determination of the total Floor Area of any building on such Party's Tract within one hundred twenty (120) days of the date of completion of such building. Within a reasonable time �f °�4' thereafter, such Party shall certify to all other Parties the Floor Area applicable to such building. During any period of rebuilding, repairing, replacement or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed immediaLely prior to mot' J 4 4 0 riodi• Upon completion of such rebuilding, repairing, ........... a L%6amnt or reconstruction, the Party upon whose Tract such ..•bididing is located, shall cause a now determination of Floor .....Ar a'fo h building to be made in the manner described above, 0 r.suc iucli determination shall be sent to any Party requesting the !'same. I 1.5 Occupant. *Occupant" shall mean any Person from time to time entitled to the use and occupancy of any portion of a building In the Shopping Center under any lease, sublease, license, concession, or other similar agreement. 1.6 Out2arcel. The kOutparcel" shall mean that certain parcel of land as shown on Exhibit X. 1.7 Party. "Party" shall mean each signatory hereto and, after compliance with the notice requirements set forth below, to their respective successors and assigns who become owners of any portion of the shopping Center. Until the notice requirement is complied with, the transferring Party shall (for the purpose of this REA only) be the transferee's agent. Each Party shall be liable for the performance of all covenants, obligations and undertakings herein set forth with respect to the portion of the Shopping Center owned by it which accrue during the period of such ownership, and such liability shall continue with respect to any portion transferred until the notice requirement set forth below is complied with, at which time the transferring Party's personal liability shall terminate. The transferee Party shall automatically become liable for all obligations arising after compliance with the notice and assumption requirement. A Party transferring all or any portion of its interest in the Shopping Center shall give notice to all other Parties of such transfer and shall include therein at least the following information: (a) the name and address of the transferee; and 3 V, 01.8440Awd1'Oc0 " (b),' :a',eopy of-the survey showing the location and (' '-indicating the legal description of the portion of the -Shopping Center transferred. tjothleig contained herein to the contrary shall affect the stionce, priority, validity or enforceability of any lien pertytitted hereunder which is placed upon the transferred portion ;iKt'y:ot,.the Shopping Center prior to receipt of the notice. ., .1.8 Person. "Person" shell mean any individual, partner - �.�;..,;. =ship, firer, association, corporation, trust, or any other form of bus one or government entity. z: S.o• 3c,. 7r� 1.9 Parmittee. "Perwittee" shall mean all occupants and the 7' officers, directors, employees, agents, contractors, customers, vendors suppliers supplierej visitors invitees licensees subtenants, and concessionaires of occupants insofar as their activities ��i ''' "•'' relate to the intended use of the Shopping Center and of any Party. Among others, Persons engaging in the following activi- ties on the Common Area will not be considered to be Permittees: (1) Exhibiting any placard, sign, or notice except for the signage permitted under Article 5.3 below; j (€f) Distributing any circular, handbill, placard, or booklet; (iii) Soliciting memberships or contributions; (iv) Parading, picketing, or demonstrating; and � (v) Failing to follow regulations relating to the use of the Shopping Center. 1.10 Tract. "Tract" shall mean that portion of the Shopping Center owned by a Party. ' •LZ • �- Y. t \ ARTICIZ 11 01-8440 na 2021 s.• :e., ?f: 2.1 Ingress. Egress, and Parking. {•: �• -fir •• During the term of this REA and for such other times as may be specifically provided herein, each Party hereby grants and conveys to each other Party for its use and for the use of its Permittees, in common with others entitled to use the same, a - non - exclusive perpetual easement for the passage and parking of vehicles over and across the parking and driveway areas of the grantor's Tract (other than for the Rothman Easement) as the same may from time to time be constructed and maintained for such use, for the passage and accommodation of pedestrians over and across the parking, driveways, and sidewalk areas of the grantor's Tract as the same may from time to time be constructed and maintained for such use, and for the maintenance of such common areas as contemplated by Article IV. Such easement rights shall be sub- ject to the following reservations as well as other provisions contained in this REA: (1) Except for situations specifically provided for in the following subparagraphs, no fence or other barrier which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for the purposes herein per- mitted shall be erected or permitted within or across the easement areas; provided, however, that the foregoing provi- sion shall not prohibit the installation of convenience faci- lities (such as mailboxes, public telephones, benches or public transportation shelters), of landscaping, berms or planters, nor of limited curbing and other forms of traffic controls. (ii) In connection with any construction, recon- struction, repair or maintenance on its Tract, each Party reserves the right to create a staging and /or storage area in 5 r { 0 I r r*" 40 TTY .:i::.:. •. .. -' ' ' ... • t' 1`�Cceai,,on its Tract at such location es will'not. `ab'° ]` interfere: with access between such Tract' and the ;�ereas-of the Shopping Center. vrti ••. r Each Party hereby reserves the right, from time ti .;rte:::•. . do tiimo without obtaining the consent or approval of any oth'sr• Party, to make at its own expense any insignificant �wdification or alteration in its portion of the change, Common Area, provided that: ,►:; i; ' :,;•' (a) the accessability of such Common Area or pedestrian and vehicular traffic (as it relates to the remainder of the Shopping Center) is not unreasonably ; ~" restricted or hindered. (b) there shall be maintained at all times within f ._!•,�� F. such Common Area, a sufficient number of vehicular ;' .` ':. ^•F.!:s ,: parking spaces to meet the parking requirements set ! 1.' ,' ••. �;,; forth in 3.2(E), and all parking stalls and rows s:-all remain generally as shown on the Site Plan; _ (c) no governmental rule, ordinance or regulation shall be violated as a reoult of such action, and such action shall not result in any other Party being in any governmental rule, ordinance or regula- violation.of tion; (d) no change shall be made in the access points �'_•- between the Common Area and the p ublic streets; pro vided, however, that additional access points may be created with the approval of Lechmere and Developer, such + I approval not to be unreasonably withheld; ' t (e) at least thirty (30) days prior to making any such change, modification or alteration, the Party -.. desiring to do such work shall deliver to each other Party copies of the plans therefor, and provided further 6 ; i P'the.161lowing OIMAO -M20Z3 such _work shall not occur between October 1st and January 31st (provided, however, that in the event of an emergency such notice and plena as may be reasonable under the circumstances shall be provided). �,�.;..,. (iv) Each Party reserves the right to close off its portion of the Common Area for such reasonable period of time as may be legally necessary, in the opinion of such Party's counsel to prevent the acquisition of prescriptive rights by anyonet provided, however, that prior to closing off any por- tion of the Common Area, as herein provided, such Party shall give written notice to each other Party of its intention to do so, and shall attempt to coordinate such closing with each other Party so that no unreasonable interference in the passage of pedestrians or vehicles shall occur; (v) Each Party reserves the right at any time and from time to time to lawfully exclude and restrict any Person who Is not a Permittee from using the Common Area. 2.2 Utilities. (A) Each Party hereby grants and conveys to each other Party non - exclusive perpetual easements in, to, over, under, along and across those portions of the Common Area (exclusive of any por- tion located within a Building Area) located on the grantor's Tract necessary for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of lines or systems for utilities serving the grantee's Tract, including but not limited to, sanitary sewers, storm drains, drainage detention, retention and treatment ponds, water (fire ` and domestic), gas, electrical, telephone and communication lines. Except with respect to ground mounted electrical trans- formers at the rear of a building or as may be necessary during periods of construction, repair, or temporary service, all utili- ties shall be underground unless required to be above ground by the utility providing such service. Prior to exercising the 7 L s 1 tl 1. � �'�' �. S � Y 'l. � � � � :iii � V V i :.y 4i•., . . ad erein, '. the grantee shall first provide the.•grantor .. 'c {iten�atatement describing the need for such easement, 4A k., proposed location of the utility, and shall iri "oartifieate of insurance showing that its contractor stliss'obCiined the minimum insurance coverage required by 5.4(C) y y pursuant to the provi- .,, hereof. An Part instailirg utilities sions.of this subparagraph shall pay all costs and expenses with respect thereto and shall cause all work in connection therewith (including general clean -up and proper surface and /or subsurface restoration) to be completed as quickly as possible and in a manner so as to minimize interference with the use of the Common Area by the Parties hereto. If any of the Parties elects to Install common utilities, all coats and expenses thereof may be set forth in a separate agreement between those cooperating Parties. (e) The initial.location and width of any utility shall be subject to the prior written approval of the Party whose Common Area is to be.burdened thereby, such approval not to be unreason- ably withheld. The easement area shall be no larger than what- ever is necessary to reasonably satisfy the utility company as to a public utility or five feet (51) on each side of the centerline as to a private line. Upon request, the grantee shall provide to the grantor a copy of an as -built survey showing the location of such utility. The grantor shall have the right at any time to relocate a utility line upon thirty (30) days, prior written notice, provided that such relocation: (i) shall not interfere with or diminish the utility services to the grantee; (ii) shall not reduce or unreasonably impair the use- fulness er function of such utility; (iii) shall be performed without cost or expense to grantee; A i 1 r r E '. shall be completed usin g materials . and design ?Lr4tandards which equal or exceed those originally usedi and (v) shall have been approved by the utility company and the' appropriate governmental or quasi- governmental agencies having jurisdiction thereover. �: Doeumentetion of the relocated easement area shall be the gran - ty' tor's expense and shall be accomplished as soon as possible, ti Grantee shall have a right to require an as -built survey of such • relocated utility be delivered to it at grantor's expense. 2.3 Construction, Maintenance and_Reconstructio (A) In order to accommodate any footings, foundations, columns or walla which may be constructed or reconstructed imme- diately adjacent to a common boundary•line and which may overlap that common boundary line, each Party grants to each other Party a non - exclusive easement in, to, over, under, and across that portion of its Tract adjacent to such common boundary line in space not theretofore occupied by any then existing structure for the construction, maintenance and replacement of footings to a maximum distance of five feet (51) onto the grantor's Tract and for the construction, replacement and maintenance of foundations, columns, or walls to a maximum distance of six inches (6 -) onto the grantor's Tract. The grant of easement shall include the reasonable right of access necessary to exercise and enjoy such grant. The easement shall continue in effect for the term of this REA and thereafter so long as the building utilizing the easement area exists, including a reasonable period to permit reconstruction or replacement of such building if the same shall be destroyed, damaged, or demolished. (B) Prior to utilizing -the easement righ'. set forth in (A) above, the grantee Party shall advise the grantor Party of its intention to use the same, shall provide plans and specifications and proposed construction techniques for the improvements to be 9 •I N r Y i ��'Kl• :•��Y�: •t•l. �.: 0�.99�•�0 � 2026• � =:> +4d within ttie 'easement area, and shall give the grantor 0atlopportunity to commence any construction activities h Party contemplates undertaking at approximately the ,; :sage:tiwe do the and that each Party involved shall %be able to *h'isti$iliss subterranean construction techniques which will permit � st tJte:placaaent above ground of a building on each Tract imme- ajJ �; Le;';•' diately adjacent to the .common boundary line. If a common sub - :'.:'- terranean construction element is used by the Parties, it is specifically understood that each shall assume and pay its reaso- nable share of the cost and expense of the initial construction and, so long as both Parties are bensfitting therefrom, sub- sequent maintenance thereof. In the event any building utilizing : a common subterranean element is destroyed and not replaced or is removed, the common subterranean construction element shall be left in place for the benefit of any building utilizing the some located on the adjoining Tract. 2.4 Reefriction. No Party shall grant any easement for the purpose set forth in this Article for the benefit of any property not within the Shopping Center; provided, however, that the foregoing shall not prohibit the granting or dedicating of uti- lity easements by a Party-on its Tract to governmental or quasi - governmental authorities or to public utilities. 2.5 Perpetual Easements. Those easements referred to herein as perpetual shall survive the termination of this REA r:= !.•ided, however, that if after the termination of this REA any such per- petual easement is not used by the grantee for two (2) con= secutive years then at the option of the grantor such easement shall terminate and expire as to such grantee not so using the easement, provided that prior to any such termination, the gran- tor shall give thirty (30) days notice to the grantee, of such termination, and the grantee shall thereupon have the right, within such thirty (30) day period, to give notice to the grantor of its election to continue the use of such easement, in which event such easement shall not terminate: L_ 10 t /r. t s:acrnr+�:rd:n ;- ,L;�,:.r.. 08.$440 a 2027 ARTICLE III CONSTRUCTION generaliRecuirements. -(A) Each Party agrees that all construction activities ed per - y.; form by it within the Shopping Center shall be performed in �'��' compliance with all laws, rules, regulations, orders, and ordi- lot" . maces of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the shopping Center. (B) Each Party agrees that its construction activities shall not: fi) cause any unreasonable increase in the coat of constructing improvements upon another Party's Tracts (ii) unreasonably interfere with construction work being performed on any other part of the Shopping Centers fill) unreasonably interfere with the use, occupancy or enjoyment of any part of the remainder of the Shopping Center by any other Party or its Permittees; (iv) cause any other Party to be in violation of any law, rule, regulation, order or ordinance applicable to its Tract of the city, county, state, federal government, or any department or agency thereof. (C) Each Party agrees to defend, indemnify and hold harmless each other Party from all claims, actions and proceedings and costs incurred.in connection therewith (including reasonable attorneys' fees and costs of suit) resulting from any accident, injury or loss or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from the 11 MEN s a 2029 q of any construction activities performed or :by such indemnifying Party. (1)) Prior to constructing, reconstructing, repairing, main- taInLnge remodeling, or enlarging a building or maintaining or changing the Common Area on its Tract, a Party shall designate a staging and storage area on the Common Area on Its Tract and shall give each other Party notice of such location at least ten (10) days prior to commencing such work. All storage of materials and the parking of construction vehicles, including vehicles of workers, shall occur only on the constructing Party's Tract. If substantial work in to be performed, such constructing Party shall, at the request of any other Party, fence off the staging and storage area. Upon ' completion of such work, the constructing Party shall restore the affected Common Area to a condition at least equal to that existing prior to commencement of such work.- All staging areas and access for construction for the initial construction of any improvements to the Shopping' Center shall be shown on the Site Plan and shall be subject to the approval of Lechmere and Developer. (E) Each Party hereby grants and conveys to each other Party and to its respecti4e contractors, materialmen and laborers a temporary license to enter upon the Common Area of the grantor's Tract as shall be reasonably necessary for the grantee to construct and/or maintain improvements upon the grantee's Tract; provided, however, that such license shall be in effect only during periods when actual construction and/or maintenance is being performed and provided further that the use of such license shall not be exercised so as to unreasonably interfere with the use and operation of the Common Area by others. Prior to exer- cising the rights granted herein, the grantee shall first provide the grantor with a written statement describing the need for such license, -end shall furnish 6 certificate of insurance showing that its contractor has obtained the minimum insurance coverage 12 tol02 • edb31;5:4.tC3 hereof. Any Party availing itself of the tem- aiGy.+liceiisa shall promptly pay all costs and expenses aaso- - ;p�gtieQ';yith such work, shall diligently complete such work as atloklp as possible, and shall promptly clean the area and rehtore the affected portion of the Common Area to a condition '`�:•'. =.. wAieh is equal to or better that the condition which existed prior to the commencement of such work. Notwithstanding the ' foregoing, in the event a dispute exists between the contractors, laborers and /or others connected with construction activities, ;?• .t each Party shall have the right to prohibit the contractors, -� laborers and/or others working for another Party from using the + 'P. Common Area on its Tract. 3.2 Common Area. Developer shall reuse the Common Area to .•:,�•...,.�„J be improved substantially as shown on the Site Plan with substan- tial completion of such Common Area to be no later than October 1, l' 1967. Such work shall be done in a good and workmanlike manner.,;;: and in accordance with good engineering standards provided, ; however, the following minimum general design standards shall be }; ► +:� complied witha i� (A) The lighting system shall be designed to produce a mini- mum maintained lighting intensity at grade at all points in the Common Area of 1.00 foot candle; provided however, that the extreme edge of the parking or drive areas may have not less than ' a minimum maintained lighting intensity measured at grade of 0.5. foot candle. The type and design of the light standard shall be approved by Lechmere and Developer. t. K (S) The slope in the parking area shall not exceed a maximum w* of four percent (48), nor be less than a minimum of one -half per- "+ cent (1/28), except as provided in Exhibit C. (C) All sidewalks shall be.concrete or other material approved by the Parties. The paved portions of the Common Area 13 Its rj + rrj.. 01.8460 -203 paved"in. accordance with a paving recommendation leoin Cuw�by & Fair, Inc., or an other reputable engi- A inq >lirm approved by the Parties. �rrs7i± ?:;�.:•' {D) . Utllities that are placed underground shall be at depths o'+ or not less than that designated by Cumby & Fair, Inc., or con- °y%� =:'.' ' Dultants approved by the Parties. Design and working drawings fir,;.• away be prepared by the utility company providing the service. .�}_�,• :. (a) Utility lines shall be completed and useable as follows$ (i) temporary electrical and water on or before April 1, 1987 (provided that Lechmere shall diligently apply to the appropriate authorities for such service). (ii) Sanitary sewer and storm sewer on or before P1 August 15, 1987. (iii) permanent electrical and telephone on or -; before August 15, 1987 (provided that Lechmere shall diligently apply to the appropriate authorities for such service). 1 � (b) All utilities shall be installed, tested and cer- tified as being in compliance with all local codes. (E) The parking area on each Tract shall contain sufficient /��• round level standard automobile size g parking spaces in order � to comply with the following minimum requirements: (a) five (5.0) parking spaces for each one thousand - - (1,000) square feet of Floor Area located on the Lechmere •. �} Tract] ,W:: . 14 IN 1j jj NINE 1 `� SS�"F "�� • zv- 8 3•$440 ►1Gf 2osi ,(b) lour and 8/10 (4.8) parking spaces for each one d (1,000) square feet of Floor Area located on the beveloper Tracts plus, with respect to each Tract, r•: <:•;; (c) if a business use contains a drive -up unit (such as remote banking teller or food ordering /dispensing facility), then there shall also be created space for stacking not less then five (5) automobiles for each drive -up unit; and (d) except as to any restaurant on the Outparcel, if a business use includes a restaurant which hap four thousand (4,000) square feet of Floor Area or more, then ten (10) additional parking spaces for each one thousand (1,000). square feet of Floor Area in excess of four thousand (4 -,000) square feet of Floor Area devoted to such uses and (e) if _a business use contains a theatre, then there shall also be created an additional parking space for each 2.S seats within such theatre. Provided however, if a restaurant is operated incidentally to another business operation (gross sales of 10% or less than total business operation), or if the restaurant is of a type commonly referred to as a cafeteria, then the Floor Area occupied by such restaurant shall be excluded from the application of (d) above. The foregoing requirements as well as all governmental regula- tions, ordinances and similar orders relating to parking shall be satisfied without reliance on the parking spaces that may be available on another Tract (provided that the Outparcel may be supported by adjacent parking on the Developer Tract so long as the combination of the Outparcel and the Developer Tract meet the criteria set forth herein for parking). In the event of a con- demnation of part of a Tract or sale or transfer in lieu thereof that reduces the number of usable packing spaces below that which 15 , 1 r c - IN � 04,3440'2032. - ' ileElt.beel,c};. the; Party whose Tract is so affected shall ` . bestrzef&tta (including using proceeds from the condom - �.., Yk7N1y�:a; l. yd :or settleaent) to restore and/or substitute parking 1 order to comply with the parking requirements set forth such compliance is not possible, such Party shall not �,2�x�'De;deeiied in default hereunder, but shall not be permitted to �s �,.,expand the amount of Floor Area located upon its Tract. If such Ks'..: i : •: ••.. i •,�,;s:• -Floor Area is thereafter reduced, then it may not be subsequently `: °:'•; ;'increased unless the parking requirement is satisfied. r ' De Davelo rend Lechmere hereby-approve the grading and drainage plan to be used in Initial construction of the Common C"'x .. Ares, dated November, 1966 and prepared by Cumby 6 Fair, Inc. with last revised date February I2 1987. Such t� t Y . grading end 'n! drainage plan shall be followed by the Parties during construc- tion. During the term of this REA, no Party shall alter the iY`'..`'•;:s�?' grade elevations.on any portion of its .Tract from those. established by such plans if such alteration would increase the flow of surface water onto another Party's Tract, affect ingress /' 1= :o• and egress or otherwise adversely affect another Party's Tract. 1 t•' t 3.3 Building Improvement. (A) The Parties hereby agree that all buildings and any Out- side Sales Areas may be located only within the Building Areas designated on the Site Plan. i (8) In order to produce an architecturally compatible , Shopping Center, Developer and Lechmere agree that the initial building construction and any additions, exterior remodeling or reconstruction of existing improvements thereafter shall be per- formed only in accordance with approved plans for such work as I provided herein. The Party proposing such work shall submit to Developer and Lechmere detailed plans ( "Plans' ") as required by — °- Exhibit C attached hereto and made a part hereof. Developer and Lechmere, respectively, shall either approve, disapprove, or make recommendations for change in the Plans within fifteen (15) days 16 .. ;.,ate �,;•,•'�,.3.G.�; ; ; •- . . .E -W. it• ,i ` ^o �.3 0 F1GE 20 S 3 �,tq.�r9ipt' thereof. railure to approve, disapprove, or make re end6Olons. for change within said fifteen (15) day period all.conatitute an approval of the Plans as submitted and this y4 R�.�.u�a.atio approval if not disapproved shall be prominently not �.0 -an the plans when they are sent. Any disapproval or recom- .me tion for change shall specify with particularity the reason therefor. Upon submission of any disapproval or recommendation i� '• for change the submittin Part Developer and Lechmere shall 9 y P mutually consult to establish approved Plans for the proposed work. Lechmere and Developer shall not arbitrarily or unreaso- nably withhold approval of,the Plans or recommend changes in the Plans which otherwise conform with the requirements hereof. In no event shall one Party require any other Party to utilize design standards superior to those utilized by the requiring Party in the construction of improvements on its Tract. Approval of Plans by Developer and Lechmere shall not constitute assump- tion of responsibility for the acciracy, sufficiency, or propriety thereof, nor shall such approval constitute a represen- tation or-warranty that the-Plans comply with applicable laws. No material deviation shall be made from the approved Plans. (C) The Parties hereby specifically consent to the placement of buildings along the common boundary line between the Lechmere Tract and the Developer Tract, and each agrees to support any request by the other for a side -yard or setback variance if the same is required in order to accommodate such construction. r: (D) Developer acknowledges that Lechmere intends to construct on the Lechmere Tract a "Lechmere retail store" which is generally t(� classified under applicable building code regulation as an "unlimited area" building. (By way of explanation, but not limi- tation, such building classification Is designated rr -N or 5N under the Uniform Building Code.) So long as Lechmere plans to construct a building of such classification, or so long as a building of such classification exists on the Lechmere Tract i ;including any restoration or reconstruction_ thereof). Developer agrees that any building to be placed or constructed on the 17 - \ W. , i t, J 00440 eic� obi ac at is (i) located within 60 feet_of•the w {1eea�on••the Lechmere Tract or (ii) located within'60 feet ;bb�Iding he in (1) above shall comply with the ireipents'of said classification, including the installation ;F�btan approved sprinkler systems for fire protection. In order ic`'conlirs the existence of a sixty foot (601) yard or clear area around the Lechmers build:n and the buildings, if en which are 9 y. :Included within (I) and (ii) above, it may be necessary to place -of record an instrument establishing the same. Each Party agrees to join in the execution of such instrument in a form satisfac- tory to such Parties. In addition to the requirements set forth above, no building located on the Developer Tract shall be placed cM1;: or constructed in a manner which will itself preclude the construction of a building of such classification on the Lechmere N ' Tract. (E) The second Party to construct a building along the com- J mon boundary line between the Lechmere Tract and the Developer Tract shall do so in a manner that dges not result in damage to the improvements in place on the.adjoining Tract, and further I shall undertake and assume at its sole cost the obligation of � completing and maintaining the nominal attachment (flashing and seal) of its building to that of the existing building on the i• other Tract, it being the intent of the Parties to establish and maintain the appearance of one continuous building complex. In performing such attachment, the wall of one building shall not , receive support from nor apply pressure to the wall of the other building'. , (F) If a portion of any Building Area is at one point in time paved and used as Common Area, such portion may be sub- it sequently used as building area provided that all parking requirements and other provisions of this REA for such Tract are also complied with. Likewise, if a Building Area is at one point — In time occupied by a building, such building may be subsequently razed, and until replaced, the area shall thereafter be deemed - part of the Common Area and must be paved or grassed and main- tained weed free and mowed. 18 _ .. o ng height restrictions:sh811:1be• g• ef::t)is Shopping Center (but not to the Rothman �ocUevaloper Leasehold Tract) and shall be exclusive of iea�;eQuipa�ent, penthouses, or similar appurtenant struc- ^tis"Fei.;oodted on the roof of any buildings T j Lechmere Tract 32' (ii) Developer Tract 32' ;•,� W? no mechanical equipment, penthouse, parapet or similar appur- fl.: .' �r':.. tenant structure located on the roof of a building shall extend Y upward above the top of the building more than five feet (51). 3.4 Lechmare Building Pad. In conjunction with its improve- w .. ment of the Common -Area, Developer, at its sole expense, agrees to proper* the pad upon which the Lechmere Store shall be ' construct Said ed. pad shall be prepared in a good end work- �`.•� �'�'- ?�'�`' { manlike fashion and in accordance with good engineering standards `• ., F~.:'�l,Ys'+ . and shall be completed no later than April'l, 1087. Said pad ' shall in all respects meet the requirements of Lechmere's archi- tect and engineers Furnished to the Developer prior to the execu- tion thereof. ARTICLE IV MAINTENANCE AND REPAIR 4.1 Utilities. ' (A) The Developer shall repair and maintain in first -class condition all utility facilities, lines, and systems located on and serving the Shopping Center unless the same are dedicated to and accepted by a public or quasi- public utility or authority, or unless the same are located within the building of any Party. ' (8) Any maintenance and repair of non - dedicated utilities ' located on Lechmere's Tract shall be performed only after two (2) weeks' notice to Lechmere (except in an emergency the work may be M tain or cause to be maintained the Common Area in first -class 1 /.�:� condition and in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances and the provi- isbnabie notice). All repairs. shall be done) an!) .� �bt•psrformed in such a manner as to -cause' as. d'stttbanee'in the use of Lechmere'e Tract as is prae- able:undic;�he circumstances. Developer agrees to cooperate i ' . ..... h�asre so that such repairs to the extent possible will ! 4 Lechmere business hours, to diligently 166: such work as quickly as possible, and to promptly clean 7tsi'.area and restore the affected portion of the Common Area to a :condition equal to or-better then the condition which existed {' prior to the commencement of such work. ` Petersburg, Florida area and shall include, but not be limited (C) The parties shall endeavor to cause those utilities .: serving their respective Tracts exclusively to be separately .� metered and assessed in their respective names. �. (i) Maintain, repair and resurface all drive and , e.2 Common Area.' (A) Developer agrees at its sole cost and expense to main- �.e,±, . ' �1 tain or cause to be maintained the Common Area in first -class 1 /.�:� condition and in compliance with all applicable governmental laws, rules, regulations, orders, and ordinances and the provi- sions of this REA (subject to the reimbursement set forth below). .� (B) Until the Common Area or .Buildirg Area on a Tract is initially improved, it shall be planted so as to reduce dust and i thereafter kept mowed and free of debris, and otherwise main- ! 4 talned no as to prevent erosion and present an attractive appearance. (C) The minimum standard of maintenance for the Improved Common Area shell be comparable to that followed in other first- {' clean retail developments of comparable size in the Tampa -St. ` Petersburg, Florida area and shall include, but not be limited to, the following: 1 (i) Maintain, repair and resurface all drive and parking areas to keep the same in a smooth and evenly covered 20 +1 _ Faperiodically sweep, oleo- and restripe the` °'' '. ob.sctivities shall, to the extent reasonably b3ii, be. scheduled to occur prior to or after normal s ::hours of the Shopping Center. in the event of iN ;'pteiying, major repairs to, or resurfacing of, the parking �h.�areas,'the Party undertaking such repairs shall provide to other Party at least two (Z) weeks advance notice. vY' (ii) Remove papers, debris, filth, refuse, alligators, Vice and snow from the drive and parking areas to the extent necessary to keep the some in a first - class, clean, and orderly condition; (iii) install and maintain appropriate directional signs and markers, and replace the same as necessary. (!v) illuminate the drive and parking areas, and main- tain and replace -lighting facilities, bulbs and ballasts. (v) Maintain all landscaped areas, including the repla- cement of shrubs and other landscaping as necessary and main - tain any automatic sprinkler system serving the landscaped areas. (vi) Clean, sweep, maintain, and repair all sidewalks. (vii) Store all trash and garbage in adequate, screened containers and provide for regular collection of same. (viii) Maintain, clean and repair all storm drains, utility lines, sewers, detention and retention ponds and other utility systems and services located in the Common Area necessary for the operation of the Common Area or any buildings or improvements located within the Shopping Center. (D) Subject to the exclusions h !-after set forth the �' t i • ere total of all monies paid out by Developer for reasonable costs f 21 f, ' '1 1:'•��; :mot;- :; -:�- -• -- -•--- - -••-- --- ...__— ._....----- -- - - - - - ........_......_ •yt� w�:ti'�ii�::' •t: ' •� � • �i�iLatiFt .. � .. Ctt�a Iy•.incurred for the operation, maintenance sn4 Cos�aon Area shall be known as Common Area 3et'eiiane ii .Costs, includingi f�• {� *`•••'•••I'., _(i) the acquisition cost (or rental fees in the case M. •i "';'':'of•rented equipment or machinery), and annual allocable ( °• depreciation (depreciated over the useful life of such equip- sent or machinery, in the case of purchased equipment and machinery) of equipment and machinery used in connection with _`�..: the maintenance and operation of the Common Areai S` :. (ii) all costs of policing and security protection of ?� the Common Area, if any; premiums (iii) for ,., p public liability and property damage insurance required to be carried pursuant to Article 5.4 St (iv) Common Area lighting expenses and costs of main - tenance, replacement and repair of Common Area lighting; (v) all sums expended for the operation, repair, painting, cleaning, inspection, removal of debris and surface water, and provision of sewer service, for the Common Area; (vi) all costs of landscaping, maintenance, replacement and supplies; {vii) all charges for utilities services serving solely the Common Areas together with all costs of maintenance of lighting fixtures; (viii) all expenses incurred in sweeping, and restriping; (ix) personal property taxes, vehicle licenses and fees of equipment and machinery used in connection with the opera- tion and maintenance of the Common Area; 22 , min r . 1 '0 OIL 3440- ok 2•039 11--costs acid* expenses of repair and replacement of lis.'• sidewalks, service corridors., walkways,. road - ng" surfaces, landscaping, drainage, and lighting located for the Common Areal and (xi) The expenses incurred for utility repairs and Common Area Maintenance as provided in Sections 4.1 and 4.2. Notwithstanding anything to the contrary herein contained Common '`•' Area Maintenance Costs shall not include: (aa) real estate taxes or assessments on an portion •�• -;' � Y po of the Common Area (except the Bridge); (bb) premiums for insurance carried by Developer (including coverage for earthquake or flood) other than that specified herein as Included in Common Area Maintenance Costs; and (cc) except an may be provided by separate agreement, administrative accounting, audit,'legal, overhead and all other similar expenses of Landlord, including, without limi- tation, wages or salaries paid to management personnel. Common Area Maintenance Costs shall be determined in accordance with industry accepted accounting prinpiples consistently applied, except that Common Area Maintenance Costs shall not include depreciation except as specifically included therein pur- suant to this Section. (E) Prior to the commencement of the Term and of September of each year of the Term thereafter, Developer shall submit an annual Budget for the Common Area Maintenance Costs for that year to Lechmere for its approval, which approval shall not be unreasonably withheld. Said Budget shall, in reasonable detail, outline the expenses that are expected to be incurred and 23 s rq I 8440na 20 40*,* i vs oper,shall not, during the Budget year, exceed either: (i) tiyl 8a4et- category or, (11) the total amount of the Budget, by �V� �tramount in excess of $5,00040 without the consent of Lechmere. j.';:•;:..: (F) Lechmere shall pay Developer Lechmere' a,Proportionate Share of Common Area Maintenance Costs in the following manners 1. From and after the Opening Date Lechmere shall pay s Developer on the first day of each calendar month one - twelfth (1/12) of the Budgeted Amount of Lechmere's Proportionatei+1%� ' Share of Common Area Maintenance Costs. Such estimated monthly charge may be adjusted by written notice from Developer to'Lechmere at the end of any calendar quarter on ' the basis of Developer's experience and reasonably antics- pated costs subject to E above. '•;~- ''Z't`; 2. Within ninety (9D) days following the end of each '. calendar year, Developer shall furnish Lechmere a statement covering the year just expired, certified as correct by a certified public accountant or an authorized representative ►" of Developer, showing the total of all Common Area Maintenance Costs, the amount of Lechmere's Proportionate Share of Common Area Maintenance Costs, and the payments made by Lechmere with respect to such period as set forth in sub- paragraph 1 above. Subject to E above, If Lechmere's Proportionate Share of Common Area Maintenance Costs exceed Lechmere's payments so made, Lechmere shall pay to Developer ` the deficiency within thirty (30) days after receipt of such statement. If such payments exceed Lechmere's Proportionate Share of Common Area Maintenance Costs, Developer shall cre- dit the excess against payments next thereafter due under , subparagraph 1 above or, at Lechmere's request, refund the amount to Lechmere. ' 3. Developer shall keep separate and complete books of ~ account covering all costs and expenses of maintaOning and operating the Common Area and payments thereon twenty -four (F) Lechmere's Proportionate.Share shall be determined by multiplying the Common Area Maintenance Costs by a fraction, the numerator of which is the Floor Area on the Lechmere Tract and the denominator of which is the Floor Area on the Shopping Center. (C) If at any time during the Term of this REA, Lechmere shall be dissatisfied with the quality of Developer's maintenance of the utilities or the Common Area, or feels that the costs thereof are excessive, Lechmere shall have the right (to be exer- cised if at all in its sole discretion) upon thirty (30) days prior written notice, in addition to any other right or remedy hereunder to: (i) withdraw the Lechmere Tract from the maintenance by the Developer in which instance Lechmere shall thereafter maintain its Tract as required under this Article; or 25 t L • t. kl �"ayonth's: after the end of each calendar year such books of k C�ount:and:a11 vouchers, invoices, statements, payroll ` �;1�4corda and -other papers evidencing such Common Area costs Ri payments. Lechmere and its authorized agents (including tante and attorneys) shall have the right at any eeasonable time and upon reasonable notice to inspect and a'y• -:' i'. audit the books and other documents mentioned above evi- or�. • ti' • -. r dancing such costs and/or payments. Should it be determined i•.:' °�: by any such audit that any statement previously submitted by `!Y;;'••; Developer to Lechmere was inaccurate, the parties shall make an adjustment to reflect Lechmere's actual Proportionate Share of comuon Area Maintenance Coat. If Lechmere's audit : :.'�• discloses that Developer has overstated Tenant's Proportionate Share of Common Area Maintenance Coats by more than three percent (30, for any period, then Developer shall pay to Lechmere upon demand, the reasonable costs of audit- . incurred by Lechmere. (F) Lechmere's Proportionate.Share shall be determined by multiplying the Common Area Maintenance Costs by a fraction, the numerator of which is the Floor Area on the Lechmere Tract and the denominator of which is the Floor Area on the Shopping Center. (C) If at any time during the Term of this REA, Lechmere shall be dissatisfied with the quality of Developer's maintenance of the utilities or the Common Area, or feels that the costs thereof are excessive, Lechmere shall have the right (to be exer- cised if at all in its sole discretion) upon thirty (30) days prior written notice, in addition to any other right or remedy hereunder to: (i) withdraw the Lechmere Tract from the maintenance by the Developer in which instance Lechmere shall thereafter maintain its Tract as required under this Article; or 25 t L • t. a�.... ,. Qi.S4404 e0' u (ii) Take over the maintenance of the utilities and the Area of the Shopping Center In which instancy Lechmere bSalI thereafter be substituted for Developer and Developer Lechmere for the purposes of this Article. !F'.:: . er "The foregoing rights shall not be exercised if the Developer 5s --, •. .. 9 p `within said thirty days cures or corrects the conditions ;..., described in such notice to the reasonable satisfaction of Lechmere, Provided, however, if Lechmere shall give three noti- ;t, =t °':'._'. =' can within any twelve (12) month period describing the need to cure or correct the same or similar condition then no further ; •. notice with regard to such condition reed be given. " 4.3 Building Improvements. "� " '• = '•' •: ! •{ i '. (A) After completl:.• of construction, each Party covenants � .:; ; +�, �. jug+; and agrees to maintain and keep the building improvements, located on.-its Tract -in first -class condition and state of !' repair, in com p liance with all governmental laws , rules, regula- tions, orders, and ordinances exercising jurisdiction thereover, and in compliance with the provisions of this REA. Each Party further agrees to store all trash and garbage in adequate con- tainers, to locate such containers so that they are not readily visible from the perking area, and to arrange for regular removal of such trash or garbage. c (B) In the event any of the building improvements are ' damaged by fire or other casualty (whether insured or not), the Party upon whose Tract such building improvements are located Immediately shall remove the debris resulting from such event (as ,M1 soon as permitted by fire inspectors) and provide a sightly barrier and within a reasonable time thereafter shall either (1) _ repair or restore the building improvements so damaged, such repair or restoration to be performed in accordance with all pro- visions of this REA, or (ii) erect other building improvements in such location, provided all provisions of this REA are complied with, or (iii) demolish the damaged portion of such building 26 0. xd>id "restore the area to an attractive condition -in '��lie's`aree shall be Common Area until a replacement v e�q.�#ilereeted. 'Such Party shall have the option to choose ob"�ltt�e' foregoing alternatives to perform, but such Party • ��.li;b• "'obligated to perform one of such alternatives. Such shall give notice to each other Party within ninety (90) days' from the date of such casualty of which alternative it elects. ARTICLE V OPERATION OF THE SHOPPING CENTER rat: r. S. I Uses. V. ; (A) No part of the Shopping Center shall be used for other then retail sales and supporting facilities or retail services or commercial purposes, provided any retail services shall be of the i ... type defined below and shall in no-event be located in more than 10,000 square feet of Floor Area on the Lechmere Tract and 00,000 :.7. square feet of Floor Area on the Developer Tract. Retail ser- vices shall mean retail financial institutions, real estate and stock brokerage offices, travel agencies and similar uses pro- viding services directly to the public for retail fees. Notwithstanding the foregoing, no use or service shall I be permitted in the Shopping Center which is inconsistent with t the operation of -a first -class retail shopping center. Without limiting the generality of the foregoing, the following uses or �- } services shall not be consistent with the concept of a first - class retail shopping center and shall be prohibited: (i) Any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any building in the Shopping Center; provided however, that this prohibi- tion shall not prohibit a paging system. r ' rig. /eJy,^ ` . - la[c' +- �r�•'Y�; :. r• ! 1... fro Anj. operation primarily used as a Warehouse opera .id say assembling, manufacturing, distilling, refining', is ;_agricultural, or mining operation; Any "second hand" store or consolidation or .r. salvage storel • f t•t.. "hs;'y•: (iv) Any mobile home park, trailer court, labor camp, �.�:. junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction, or maintenance)= (v) Any dumping, disposing, Incineration, or reduction of garbage (exclusive of garbage compactors located.in the rear of any building); (vi) Any fire sale, bankruptcy sale or going out of °`f•; business sale, (unless pursuant to a court order or license �. •'.'. ;�? issued by the sheriff of Pinellas County) or auction house operation; (vii) Any central laundry, dry cleaning plant, or laundromat; provided, however, this prohibition shall not be applicable to a plant of less than 2,500 square feet of Floor Area; t 1 (viii) Any automobile, truck, trailer or R.V. sales, ' leasing, display or repair ;� (ix) Any bowling alley; ' r• (x) Any skating rink; ' (xi) Any living quarters, sleeping apartments, or lodging rooms; L� :Veterinary hospital or animal raising facili- sept.that this prohibition shall not prohibit pet •s r�, �1r . ` (x iii) Any mortuary; ?xlv) Any establishment selling or exhibiting porno- •..: • ;, 2r;.`.. graphic materials; (xv) Any bar, tavern, restaurant or other establishment .:,'; whose reasonably projected annual gross revenues from the sale of alcoholla beverage& for on- premises consumption exceeds sixty percent (600) of gross revenues arising of such business -f . (xvi) Any flea market, amusement arcade, pool or billiard hall, car wash, or dance hall; (xvii) Any establishment selling or exhibiting merchan- dise or paraphernalia related to the use or production of illicit drugs such as a "roach clip ", "water pipe ", "bong ", "toke ", "coke spoon ", "cigarette papers ", "hypodermic 1 syringe" or any books, magazines, newspapers or video tapes t which would be obscene under the prevailing law. (B) The following use and occupancy restrictions shall be applicable to the Developer Tract: (i) No restaurant in excess of 500 square feet of floor area shall be located thereon within 150 feet of the Lechmere Building; (ii) No theater shall be located thereon within 600 feet of the Lechmere Building Area; (iii) No health spa shall be located thereon within 400 feet of the Lechmere Building and no such spas in the aggre- gate shall exceed a total of 5,000 square fert of Floor Area. :9 i .. { 01.841,0 Plot 20 a re0'shall not be used to Identify. the.- -S e %Sny,business or trade conducted on the o iierchandise , equipment or services shall be offered for sale or leave, or stored within the Common .:. �::providad however, that the foregoing prohibition shall not '. p�licable to (I) the storage of shopping carts, and (14) tem- :�,Vv T. 4i, porery .13hopping Center promotion*, except that no promotional activities will be allowed without the prior written approval of Developer and Lechmere, such approval may be withheld In their • sole, and absolute discretion. Developer and Lechmere agree that not more than 3 *sidewalk" sales may be held each year provided that they are conducted in a clean and orderly fashion that will oil" not interfere with customers access and are limited to the sidewalk or storefront areas on Developer's Tract. (E) No Permittee shall be charged for the right to use the Common Area without the consent of Developer And Lechmere. (F) Each Party shall use its best efforts to cause the X!M employees of the Occupants of its Tract to park their vehicles only within areas designated by Developer and Lechmere for employee parking. 5.2 Lighting. (A) After completion of.the Common Area lighting system, Developer hereby covenants and agrees to keep the Common Area fully illuminated each day from dusk to at least 30 minutes after mutually agreed upon closing time that is consistent with local practice. Both parties agree to keep their respective ,:tail terior building security lights on from dusk until dawn. (B) Itis recognized that Lechmere may wish to have the Common Area lights continue to burn beyond the required period. Accordingly, Lechmere shall have the right, at any time to 30 re::the:;Developer to ke6p the Common Area lights on until a r atsr, hour as,.stipulated by Lechmere; provided that Lechmere •�;ti�;,;�tnotilies the Developer of such request not less than five (5) ays 'in advance. Lechmere shall state the period during which it Mw ... wishes the lights to be kept on to a later hour and shall pay to the Developer the cost to Developer of electrical power to pro - vide such extra -hours illumination. The Parties shall attempt to agree to the cost of such electrical power and if they cannot do so, then the amount Lechmere is obligated to pay shall be dater- mined from the power costs as estimated by the electrical utility _.Company furnishing such power, or if the utility fails to do so, by a reputable engineer. 5.3 signs. No exterior identification signs shall be allowed within the Shopping Center except as set forth hereinafter. (A) No freestanding sign shall be permitted within the Shopping Center unless constructed in areas designated on the Site Plan, and only one such sign may be located in each designated area. Except for the Outparcel, each sign may be used to identify the Shopping Center name, Lechmere and not more than three (3) occupants of Developer's Tract with the Shopping Center name and Lechmere's name receiving equal prominence and size while the other Occupants, if any, shall be of less prominence and size as agreed to by Developer and Lechmere. The freestanding sign designated as being for the Outparcel on the + Site Plan shall be of it size and height approved by Lechmere and r: Developer but in no event shall it be as high or as prominent as :i• any freestanding sign used to identify the Shopping Center or Lechmere. The designation of a freestanding sign location on a Tract shall in no way obligate the benefiting Party to construct such freestanding sign. However, if such a freestanding sign is i constructed, the benefiting Party shall be responsible for the sign's operation and maintenance on a first -class basis. Developer and Lechmere shall have the right to approve the design 31 i. t f - 1 t f - 1 of ver th �.. ,�•. u;� ��: at olta�l,frevatanding signs provided,�:ho�a '.'•�'••.'8ard�`r`'; #' +. wx y teohmere oP` b roves the use b �oasc,lieeby DD, • ' exists from time to' *' N. typej'dantificstion sign. as the same ':•.;�. ^�'" national or regional occupant may ntilize'the design standard prototype sign. ' , «_'.�.��.... ; •:...: Notwithstanding ithstanding any thing above to the contrary, each ,�fi,,:• •:::.. Party shall be permitted to pace within the Common Area located on its Tract directional signs or informational signs leasing such as "Handicapped parking ', the temporary display . nation and during the initial construction of the Shopping Center one temporary sign identifying the Shopping Center, Developer, Lechmere and the principal contractors (not to exceed four (4)), together with a temporary sign identifying any lender. t (g) No exterior identification sign attached to a building shall be of the type set forth below, (i) placed on canopy roofs extending above the building ¢.4 �;• . of placed so as to project roof, placed on penthouse walls, or top of the wall upon which it i,.:,;• above the parapet, canopy. �c. is mounted: (ii) placed at any angle to the building; provided, however, the foregoing shall not apply to any sign located:: under a sidewalk canopy if such sign is at least eight (B) feet above the sidewalk; (iii) painted on the surface of any building. �. �.:. •:q,.: No exterior sign shall identify leased departments or concession- e aires. �� ' ' ! i• k (C) Neither exterior identification signs attached to buildings nor freestanding signs shall be of the type set forth below: 32 l `: M ` �`` O 1.3440 Pau 2049 ig; moving or audible signal V iga�s employing exposed raceways, exposed n!won sod ballast boxes, or exposed transformers; :. . :.(iii) paper or cardboard signs, temporary signs lusive of contractor signs), stickers or decals; pro- ' however, the foregoing shall not prohibit the place - ■snt at the entrance of each Occupant's space a small sticker s4 or decal, indicating hours of business, emergency.telephone ''' numbers temporary signs (not to exceed 90 days) indicating that a tenant is "coming soon" and other similar bits of information. ` '`: 5.4. Insurance. •:fir . r•:•: • ' (A) Each Party with respect to its building shall maintain ::� .• ;`:.? or cause to be maintained in full force and effect Comprehensive General Liability Insurance, including Personal Injury Liability Insurance and Contractual Liability Insurance with a financially responsible insurance company or companies licensed in the state ' where the Shopping Center is located, with a minimum Best's r' i rating of W; such Insurance to provide for a.limit of not less than Three Million Dollars ($3,000,000.00) for bodily injury or death to any one person, for a limit of not less than Five Million Dollars ($5,000,000.00) for bodily injury or death to any t number of persons arising out of any one occurrence, and for a i limit of not less than One Million Dollars (S1,000,000.00) for any property damage. (B) The Parties each agree that they will, jointly, com- mencing on the date of this REA and for the Tern. of this REA maintain Comprehensive General Liability Insurance, including _ Personal Injury Liability Insurance with a financially respon- Bible insurance company or company licensed in the state where the Shopping Center is located, with a minimum Best's rating of .R, ., 33 =- t � 1'aims• -on account of bodily injury or death and pro - asefpi�; ,. oecurring upon, -in, or about the Common Areas, such ;..,:.. 4OcatfOrd protection to the licit of not less than =stlte�''llfllion.'Dollare ($3,000,000) in respect of injury or death (tti�to;,any one person and to the limit of not less than Five Killion ''+Dollerm ($5,000,000) in respect of injury or death to any number .!'persons arising out of any one accident, and such insurance against property damage to afford protection to the limit of not I*" than One Million Dollars, ($1,000,000) in respect of any instance of property damage. Such insurance shall be effected under a joint policy under the terms of which each of the Parties shall be a named insured. Developer is hereby designated the' agent of the other Parties for the purpose of obtaining such•, insurance, provided that the approval of the other Parties as to ;1 + the insurer, terms and costs shall first be obtained. The pre -i '�` ; '+ mium for said policy shall be borne by the Parties as a Commonj``�: �e Area Maintenance Cost. Each Party reserves the right to withdraw from participation in the joint Common Area insurance herein pro- '+�` vided that the Party withdrawing shall provide ninety (90) days' �•'� "'r""�y written notice p y s~ prior to expiration of anniversary date and in � :.•�`� lieu thereof said Party shall obtain a separate policy of Insurance in the amount set forth above and shall maintain the ` same in effect as herein provided. (C) Such insurance, as provided for in A and B above, shall include the following minimum requirements: ' '(i) shall provide that the policy may not be cancelled or materially reduced in amount or coverage without at least 30 days prior written notice by the insurer to each of the _ (. other Parties; ; (ii) shall include the other Parties as additional Insureds; (iii) shall provide for severability of interests; 34 - _. V �i -shall, provide that an act or omission of one of the :edreor additional insureds which would void or otherwise uoe.'COVeeage, shall not reduce or void the coverage as to "other additional insureds or the insured, respectively. p j policy described in .�)�..,:. Exee t for claims paid pursuant to the clot r1•;;';; 8;' such insurance shall specifically extend to the contractual t obligation of the insured Party arising out of the indem- z _ nification obligations not forth herein. Each Party (01ndemnitor ") covenants and agrees to indemnify, defend and hold harmless the other Party ( "Indemnitee ") from and against all : claims, costs, expenses and liability (including reasonable ;., attorney's fees and cost of suit incurred in connection with all claims) Including any action or proceedings brought thereon 9 9 9 arising from or as a result of the injury to or death of any per- man, or damage to the property of any person or entity which shall occur on the Tract owned by each Indemnitor, except for claims caused by the negligence or willful act or omission of such Indemnitee, its licensees, concessionaires, agents, ser- vants, or employees, or the agents, servants, or employees of any licensee or concessionaire thereof. Said indemnity shall be limited to the amounts of the coverage described in A. The Parties agree to review the minimum limits set forth above every ten (101 years and further agree to adjust such limits if cir- cumstances warrant. (D) Effective upon the completion of construction of improvements, the constructing Party will carry or cause to be carried, fire insurance with an extended coverage endorsement with a financially responsible insurance company or companies licensed in the state where the Shopping Center is located, with a minimum Best's rating of A:X, in an amount at least equal to eighty percent (608) of the replacement cost (exclusive of the coat of excavation, foundations, and footings) of the buildings and improvements located on its Tract, such coverage extending at least to the following perils: loss or damage by fire, windstorm, cyclone, tornado, hail, explosion, riot, riot 35 '`ri^.E j "�r:rit strike, civil commotion, malicious mischief, van- rcraft, vehicle, smoke damage, and sprinkler leakage. Each Party (the "Releasing Party") hereby releases and waives for itself and on behalf of Its insurer, any other Party (the !'Released Party*) from any liability for any lone or damage to all property of such Releasing Party located upon any portion of the Shopping Center, which loss or damage Is of the type generally covered by fire insurance with an extended coverage endorsement, irrespective either of any negligence on'the part of the Released Party which may have contributed to or caused such loan, or of the amount of such Insurance required or actually carried. Each Party agrees to use its best efforts to obtain,'if needed, appropriate endorsements to Lte.policies of insurance with respect to the foregoing release; provided, however, that failure to obtain such endorsements shall not affect the release hereinabove given. Each Party ("Indemnitor-) covenants and agrees to indemnify, defend and hold harmless each other Party (.1ndemnitee") from and against all claims asserted by or through any occupants of the indemnitor's Tract for any loss or damage to the property of such occupant located upon the respective Indemnitor's Tract, which loss or damage is of the type generally covered by fire insurance with an extended coverage endorsement irrespective of any negligence on the part of the IndemniLee which may have contributed to or caused such lose. (E) Prior to commencing any construction activities within the Shopping Center, each Party shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the minimum insurance coverages set forth below: M workers, Compensation - statutory limits (ii) Employers Liability - $100,000 36 omprehanaLve General and Comprehensive Auto Ilitias follawas (a) Bodily injury $1,000,000 per occurrence (b) Property Damage $1,000,000 per occurrence (c) independent Contractors Liability or Owner's Protective Liability; some coverage as set forth In (a) and (b) above; (d) Products/Completed Operations Coverage which shall be kept in effect for W6',(2) years after comple- tion of works (0) IXCU* Hazard Endorsement, if applicable; M "Broad Form" Property Damage Endorsement; (9) *Personal Injury" Endorsements; (h) "Blanket Contractual Liability" Endorsement. (iv) A completed Value Form "All Physical Loss" Builders Risk Policy. If the construction activity involves the use of another Party's Tract, then the owner of such Tract shall be named as an addi- tional Insured and such Insurance shall provide that the same shall not be canceled without at least thirty (30) days prior written notice to the named insureds. If such insurance is can- celed or expires then the constructing Party shall immediately stop all work on or use of another Party's Tract until either the required insurance is reinstated or replacement insurance obtained. 37 t insurance described above may be carried under (i) •dit'i�Yitdividual policy covering this location, (ii) a blanket .,fin "`policy or policies which includes other liabilities, properties .a wand locations of such party, (iii) a plan of self- insurance, pro- . vided that the party so self- insuring has and maintain& ,. _ :•; $40,000,000 or more of net current assets or (iv) a combination ,''•' ='y of any of the foregoing insurance programs. Provided, however, that the foregoing shall not apply to the Common Area Policy to be provided by Developer pursuant to Section (B). To the extent any deductible is permitted or allowed as a part of any insurance policy carried by a Party in compliance with 5.4, such Party shall be deemed to be covering the amount theteof under an infor- mal plan of self - insurance; provided however, that in no event shall any deductible exceed S50,000.00 unless such Party quali- fies for self- insurance pursuant to (iii) above. Each Party' agrees to furnish to any Party requesting the same, a certificates) of insurance evidencing that the insurance required to be carried by such requested Party is in full force and effect. 5.5 Taxes and Assessments. Each Party shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Tract, the buildings, and improvements located thereon and any personal property owned or leased by such Party in the Shopping Center (except the taxes or assessments levied against the Bridge), provided that if the taxes or assessments or any part thereof may be paid in installments, the Party may pay each such installment as and when the same becomes due and payable. Nothing contained in this subsection shall require payment of such taxes provided that the Party is contesting the same at its cost and expense any such taxes and assessments with respect to its Tract in any manner such Party elects, so long as such contest is maintained with reasonable diligence and in good faith. At the time as such contest is concluded fallowing for appeal to the highest appellate court), the contesting Party shall promptly pay all such taxes and assessments determined to be owing, together. with all interest, penalties and costs thereon. I _. 38 . 1 . 1 k' s:: er :.�� h�:rt'•r ��Y�:: ;�•,. Y: . ' .. - �. g 4 � 0 rug � 4 � .. :. In the event any mechanic's lien is filed bra stst''•th �Traot of one Party as a result of services performed �oc.,lliaterial'a.;;'ftirniahad for the use of another Party, the Party ,:y•Y�neratitt'irsg or causing such lien to be so filed agrees to cause 'such•lLon to be discharged prior to entry of final judgment -(after all appeals) for the foreclosure of such lien and further I s''' =`• agrees to indemnify, defend, and hold harmless the other Party and its Tract against liability, logo, damage, costs or expenses '•'(including reasonable attorneys' fees and cost of suit) on account of such claim of lien. Upon request of the Party whose Tract is subject to such lien; the Part j y permitting or reusing ..r' such lien to.be filed agrees to promptly cause such lien to be released and discharged of record, either by paying the indebted - neon which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge. Nothing herein shall prevent a Party permitting or causing such lien from contenting the validity thereof in any manner such Party chooses so long as such contest is pursued with f reasonable diligence. In the event such•contest is determined adversely (allowing for appeal to the highest appellate court), such Party shall promptly pay in full the required amount, together with any interest, penalties, costs, or other charges necessary to release such lien. ARTICLE VI MISCELLANEOUS 6.1 Default. (A) If any Party fails to comply with any provision herein ( "Defaulting Party "), then any other Party ( "Non - Defaulting Party ") may, upon forty -five (45) days, prior written notice to the-Defaulting Party, proceed .to.cure the default (and shall have a license to do so) by the payment of money or performance of some other action for the account of the Defaulting Party. The foregoing right to cure shall not be exercised if within the forty -five (45) day notice period (1) the Defaulting Party cures 34 'r . r r .8 default; or (ii) if the default is curable, but cannot ••.Abeonobly be-cured within that time period, the Defaulting Party '�,•,. ;bagiris to.cure such default with such time period and diligently i:yursuse such action, to completion. The forty -five (45) day notice period shall not be required if, using reasonable judgment, the Non - Defaulting Party deems that an emergency exists which requires immediate attention. In the event of ouch an emergency, the Non - Defaulting Party shell give whatever notice to the Defaulting Party as reasonable under the circumstances. (H) Within ten (10) days of written demand (including pro- viding copies of invoices reflecting costs) the ��• Defaulting Part shall reimburse the Non - Defaulting Party for any sum reasonably expended by the Non - Defaulting Party due to cure the default, together with interest thereon. '. '';� "• (C) In the event any Party shall institute any action or proceeding against another Party relating to the provisions of this REA, or if any default hereunder, or to collect any amounts owing hereunder, or if an arbitration proceeding is commenced by .r , agreement of the Parties to any dispute, the unsuccessful liti- gant in such action or proceeding shall reimburse the successful litigant therein for costs and expenses incurred by the success- ful litigant in connection with such action or proceeding and any appeals therefrom, including attorneys' fees and court costs. (D) All remedies are cumulative and shall be deemed addi- tional to any and all other remedies to which any Party may be entitled in law or in equity. Each Party shall also have the right to restrain by injunction any violation or threatened violation by any other Party of any of the terms, covenants, or conditions of this REA, or to obtain a decree to compel perfor- mance of any such terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except those, if any, requiring the Payment of a liquidated sum) is not adequate. 40 J 4J 1 L �. 'Y',nteres Wherever and as often an one Party shall riot it yl�a�d• y'pum payable hereunder to another Party within five rQi►ya of: the due date, such delinquent Party shall pay �n an such amount from the due date to and including the ,wddts, such payment in received by the Party entitled thereto, at 1-tbe lesser of s (A) The highest rate permitted by law to be paid on such type of obligation by the Party obligated to make such payment or the Party to whom such payment is due, whichever is least or (B) 31 per annum in excess of the base rate from time to time publicly announced by Citibank N.A., N.Y. or its successor. 6.3 Estoppel Certificate. Each Party agrees that upon writ- ten request (which shall not be more frequent than three (3) times during any calendar year) from time to time of any other Party, it will issue to a prospective mortgagee of such other Party or to a prospective successor Party to such other Party, an estoppel certificate stating, (A) whether the Party to whom the request has been directed known of any default by the Requesting Party under this REA, and if there are known defaults, specifying the nature thereof; (B) whether this REA has been assigned, modified or amended In any way by such Party (and if it has, then stating the nature thereof), (C) that to the requested Party's knowledge this REA as of that date in in full force and effects Such statement shall act as a waiver of any claim by the Party furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those 41 J ;'1.- 4. ------------------- . . . . . . . . . statement, and who has acted In reasonable rill- ntfhowever, such statement shall In no bject the Party furnishing It to any liability what- notwithstanding the . negligent or otherwise inadvertent of such Party to disclose correct and/or relevant Infor- All notices, demands, statements, and requests ("notice") C�rx: =.,. required or permitted to be given under this REA must be In writing and shall be deemed to have been properly given or served, as of the date of personal delivery, or as of the date the same in deposited in the United States mail, prepaid, by registered or certified mail, return receipt requested and which shall be sent by overnight' or expedited delivery if the same shall be available. The address of the signatories to this REA in set forth below. in the event a Party shall encumber its Tract by a mortgage and notice of such fact has been given to the Party issuing such notice, demand, statement, or request, then a copy of any notice of amounts due or notice of default directed to such mortgaging Party shall also be sent to its mortgagee. Lechmere; Lechmere, Inc. Attn: vice President Real Estate and Construction, 275 Wildwood Street Woburn, MA 01801 With a copy tot Dayton Hudson Corporation Attn: Real Property Administrator 777 Nicollet Mail Minneapolis, MN 55402 Developer: The Sembler Company P.O. Box 41847 5959 Central Avenue St. Petersburo, FL 33710 42 .4 i Y t3440 fin 0000 59 tiff• °&`.copy tot Dennis Ruppel Johnson, Blakely, Pope, Bokor 6 Ruppel !t �4��+• Y 911 Chestnut Street ;= P.O. Box 1368 '•• Clearwater, FL 33517 ;rte• Any Party shall have the right from time to time and at any time, upon at least ten (10) days' prior written notice thereof in accordance with the provisions hereof, to change its respective address and to specify any other address within the United State _�•.` of America; provided, however, notwithstanding anything herein contained to the contrary, in order for the notice of address =� change to be effective It must actually be received; and further ' provided such address may not be a post office box. '••'�'.: 6.5 Approval Rights. Unless otherwise herein provided, whenever approval is required, such approval shall not be unreasonably withheld or delayed. Unless provision is made for a .; "1�.• specific time period; approval shall be given or withheld within ' A thirty (30) days of the receipt of the request for approval and this automatic approval if not disapproved shall be specifically set forth in each request for approval. if a disapproval is not given within the required time period, the requested Party shall be deemed to have given its approval. If a Party shall dissaprove, the reasons therefor shall be stated. Except with respect to an approval given by lapse of time, all approvals and dieepprovals shall be in writing. The "right to approve" herein Ste. reserved by Lechmere and Developer, respectively, shall be /r assignable by each, but only by Developer in total to a Party who owns a Tract within the Developer Tract, and only by Lechmere in total to a Party who owns a Tract within the Lechmere Tract; each successor assignee may also assign such "right to approve" on the ' same condition. If the holder of the "right to approve" trans - fern its entire ownership interest prior to assigning such "right rr to approve ", then the transferee Party shall immediately become .. vested with such "right to approve ". 43 K = =" 6440r, 2060. .; -'.:. t'�Condemnat on. In the event of a condemnation or a:eale stttheseof• concerning a portion or all of the Shopping Qs�hesi '•awsrd or purchase price paid for such taking shall be � „ �jped "to',the Party owning such land so taken) it being the intent _• ,�,•� o!:•-any other party who might have an easement or other property ,•:11interest or right under this REA in the land so taken, to release ¢``? 'and/or waive such property interest or right with respect to such •:� award or purchase price; provided, however, such other Party zX<; shall have the right to seek an award or compensation for the {r' loss,of its easement right or property interest to the extent such award or compensation paid or allocated for such loss does " not reduce or diminish the amount paid to the Party owning such land. Notwithstanding the above, 6.6 is not intended to alter any other agreement which may exist between the owner of the land so taken and any person having an interest. in said land pursuant to other contractual relationships. ,..._.i_ 6.7 Binding Effect. The terms of this REA-shall constitute covenants running with the land and shall inure to the benefit of and be binding upon the signatories hereto and their respective successors and assigns who become Parties hereunder. This REA is not intended to supersede, modify, amend, or otherwise change the provisions of any prior instrument affecting the land burdened hereby. 6,8 Singular and Plural. whenever required by the context of this REA, the singular shall include the plural, and vice versa, and the masculine shall include the feninine and neuter genders, and vice versa. 6.9 Counterparts and Signature Pages. This REA may be exe- cuted in several counterparts, each of which shall be deemed an original. The signatures to this REA may be executed and notarized on separate pages, and when attached to this REA shall constitute one complete document. 44 . r. L ( J �+� 6 .10!• pgyGttAon of Partnershiia. None of the terms or provi- :►;�►igns. o! this REA shall be deemed to create a partnership -1-otween ' ?i,:s-c: --.off• among the Parties in their respective businesses or otherwise, :Y,�l,;•: , : nor shall it cause them to be considered joint venturers or mem- =`' bore of any joint enterprise. Each Party shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party, unless expressly authorized to do so herein or by separate written instrument signed by the Party to be charged. 6.11 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the s'e� Shopping Center or of any Tract or portion thereof to the general public, or for any public use or purpose whatsoever. Except as herein specifically provided no right, privileges or immunities of any Party hereto shall inure to the benefit'of any third- party Person, nor shall any third -party Person be deemed to be a bene- ficiary of any of the provisions contained-herein. 6.12 Excusable Delays. Whenever performance is required of .� any Party hereunder, that Party shall use all due diligence to r' perform and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil com- motion, riots, strikes, picketing, or other labor disputes, una- vailability of labor or materials, damage to work in progress by �. reason of fire or other casualty or any cause beyond the reason- ' able control of a Party, then the time for performance as herein %:z p appropriately extended b the amount of the s ecified shall be a Y � .� delay actually so caused. The provisions of this section shall •,' not operate to excuse any Party from the prompt payment of any monies required by this REA. . i 6.13 Severability. Invalidation of any of the provisions contained in this REA, or of the application thereof to any per - son by judgment or court order shall in no way affect any of the 45 u N � �!'1}��;]�;•:.,��.- 0�.34�0ricE2/� aan�yy, t revision hereof or the application thereof to any other �- ,,,ydf�od {•and "the same shall remain in full force and effect. N, 6.16 Amendments. This REA may be amended by# and only by, a nY:x,': written agreement signed by all of the then current Parties . -except the then owner of the Outparcel, and shall be effective only when recorded in the county and state where the Shopping Center is located. No consent to the amendment of this REA shall ti ever be required of any Occupant or Person other than the Parties, nor shall any Occupant or Person other than the Parties it have any right to enforce any of the provisions hereof. 6.15 Captions and Capitalized Terms. The captions preceding the text of each article and section are included only for con- venience of reference. Captions shall be disregarded in the construction and interpretation of the REA. Capitalized terms are oleo selected only for convenience of reference and do not necessarily have any connection to the meaning that might other- wise be attached to such term in a context outside of this REA. 6.16 Minimization of Damages. In all situations arising out of this REA, all Parties shall attempt to avoid and minimize the damages resulting from the conduct of any other Party. Each Party hereto shall take all reasonable measures to effectuate the provisions of this REA. 6.17 REA Shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this REA shall (i) entitle any Party to cancel, rescind or, otherwise terminate this REA, or (ii) defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to any part of the Shopping Center. However, such limitation shall not affect in any manner any other rights or remedies which a Party may have hereunder by reason of any such breach. 6.18 Time. Time is of the essence of this REA. 46 The failure of any Party to insist upon operforeence of any of the terms, covenants or conditions s6ctf'shall not be deemed a waiver of any rights or remedies ;Mhioh:that Party may have hereunder or at law or equity and shall not•be deemed a waiver of any subsequent breach or default in any -of such terms, covenants or conditions. ' 6.20 shopping Center Name. The Shopping Center shall be called Clearwater Commons, Clearwater Collection, Clearwater Home 'j.• ".•• .: Collection, or such other name as agreed to by Developer and Lechmere. ARTICLE VII TERM 7.1 Term of this REA. This REA shall be effective as of the date first above written and shall continue in full -force and effect until 11:59 p.m. on January 31, 1036; provided, however, 'z •`�'' that the easements referred to in Article II hereof which are •��' ^; specified as being perpetual or as continuing beyond the term of this REA shall continue in force and effect as provided therein. �' r Upon termination of this REA, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of the REA, except as relates to the easements men- tioned above, shall terminate and have no further force or ! effect; provided, however, that the termination of this REA shall not limit or affect any remedy at law or in equity that a Party may have against any other Party with respect to any liability or obligation arising or to be performed under this REA prior to the date of such termination. ARTICLE VIII CONSTRUCTION COVENANTS 8.1 Lechmere Covenants. Lechmere covenants and agrees with Developer, subject to the provisions of this REA and subject to the other provisions of this Article, that it will construct and 47 { . 1 L Divina Elan /ddre To Denise Carnegie /ddre @DDR 12/12/2007 03:03 PM cc bcc Subject Fw: Southeast Region - Plantation FL - Fountains Project Conference Call with Engineers /Architects Denise, Please add the participants and dial info to the development meetings for the weekly consultant meetings Thanks Divina Elan Developers Diversified Realty Development Manager 3300 Enterprise Parkway Beachwood, OH 44124 (t) 216 - 755 -5858 (f) 216 - 755 -1858 (c) 216 - 225 -2654 -- Forwarded by Divina Elan /ddre on 12/12/2007 03:00 PM - -- Charles Worsham /ddre 12/12/2007 02:22 PM To Divina Elan /ddre cc Subject Fw: Southeast Region - Plantation FL - Fountains Project Conference Call with Engineers /Architects Divina: Please make sure you include - participants and dial in info in the description on the development calendar. Charles Worsham Vice President of Development - Expansions and Redevelopments Developers Diversified Realty 3300 Enterprise Parkway Beachwood, OH 44122 216- 755 -5887 216 - 755 -1887 (fax) cworsham @ddre.com - - - -- Forwarded by Charles Worsham /ddre on 12/12/2007 02:21 PM -- Calendar Entry Meeting Chair Southeast Region - Plantation FL - Fountains bevelopmentCalendar /ddre Subject Project Conference Call with Engineers /Architects i F. f Wed 01/09/2008 11:00 AM t1 When hou Wed 01/09/2008 12:00 PM r I _ ` CAVS Conference Location Room f Where No rooms or Reserved resources have been i reserved f Categorize € I Invitees Invited No invitees have been invited Description I Coordination with the consultant team about the Fountains project. Divina Elan /ddre 12/12/2007 03:03 PM To Denise Carnegie /ddre @DDR cc bcc Subject Fw: Southeast Region - Plantation FL - Fountains Project Conference Call with Engineers /Architects Denise, Please add the participants and dial info to the development meetings for the weekly consultant meetings Thanks Divina Elan Developers Diversified Realty Development Manager 3300 Enterprise Parkway Beachwood, OH 44124 (t) 216- 755 -5858 (f) 216- 755 -1858 (c) 216- 225 -2654 - - - -- Forwarded by Divina Elan /ddre on 12/12/2007 03:00 PM - - - -- Charles Worsham /ddre 12/12/2007 02:22 PM To Divina Elan /ddre cc Subject Fw: Southeast Region - Plantation FL - Fountains Project Conference Call with Engineers /Architects Divina: Please make sure you include-participants and dial in info in the description on the development calendar. Charles Worsham Vice President of Development - Expansions and Redevelopments Developers Diversified Realty 3300 Enterprise Parkway Beachwood, OH 44122 216- 755 -5887 216 - 755 -1887 (fax) cworsham @ddre.com - - - -- Forwarded by Charles Worsham /ddre on 12/12/2007 02:21 PM - - - -- Calendar Entry Meeting _:x _ Chair ,. Southeast Region - Plantation FL - Fountains DevelopmentCalendar /ddre Subject Project Conference Call with Engineers /Architects j 1 Location ttAvo Rom �onrerence Where No rooms or Reserved resources have been reserved i Categorize Invitees Invited No invitees have been invited Description Coordination with the consultant team about the Fountains project. ns Moir °business to the public, or cause to be constructed and d,,& retail store under the trade name "Lechmere or under -other nwm as it is doing business in a majority of its is in Florida, on or before March 1, 1988 with not less than )0 square feet of Floor Area. L • ,t;,;�••:'. Notwithstanding the foregoing, the hours of business, the 1 . number and types of departments to be operated in such store, the particular contents, wares and merchandise to be offered for sale "Yr� and the services to be rendered, the methods and extent of merchandiainy and storage thereof, and the manner of operating such store in every respect whatsoever shall be within the sole and absolute discretion of Lechmere. Lechmere may operate a department or departments in its store in whole or in part by licensees, tenants and /or concessionaires.,;•' +j.;;'y. 8.2 Developer Covenants. Developer covenants and agrees, subject to the provisions of this REA, and subject to the other provisions of this Article, that it will construct and open for business to the public, or cause to be constructed and opened, retail stores on or before April 1, 1988 which shall contain at least 50,000•square feet of Floor Area and that it will construct and open for business to the public, or cause to be constructed and opened, retail stores on or before October 1, 1988 which shall contain at least 50,000 square feet of Floor Area (the "Developer Stores "). Developer further agrees that it will use its beat efforts to have the entire Floor Area of the Developer , Stores open for business with a reasonable mixture and balance of retail tenants by April 1, 1988. Thereafter Developer shall use diligent efforts to complete the balance of the Developer Stores in an expeditious fashion. In the event Developer fails to ' t complete its construction of the Developer Stores on or. before November 1, 1987, it shall provide adequate and attractive barri- !. cedes surrounding its staging-areas and buildings so as to pro -. t vide safe and convenient access to the Lechmere Tract. 48 L • 1 iii(.:: •..•< li_��•��: 1� .. •' " :• ...i.; .. ••.: 4. eta o provided that•Developer in not then' ptaul��puriiant to this REA, Lechmere grants to Developer the u , "for,. t;;snd optEo repurchase the Lechmere Tract at its fair cket value as determined by appraisal (the "Option ") upon the opening of any of the following events: Lechmere falls to commence construction of the Lechmere Store on or before the later of (i) six (6) monthe following the 'delivery of the Lechmere pad to Lechmere by Developer- or (ii) the 'obtaining by Developer of all permits necessary for the develop- ; merit of the Shopping Center as contemplated herein. (8) Lechmere fails to open the Lechmere Store on or before two (2) years after A above. (C) Lechmere elects not to operate in a minimum of 60,000 square feet of Floor Area for a period of one hundred eighty (180) consecutive days for reasons other than those set forth in 6.12 hereof at any time from and after April 1, 1988. .If Developer wishes to exercise the Option, Developer shall give notice of such intent to Lechmere within thirty 130) days of the happening of any of the events set forth in subparagraphs (A), or (8). Should Lechmere fail thereafter to open for busi- ness to the public within ninety (901 days thereafter, the Developer shall designate a KAI appraiser having at least five (5) years experience in appraising real property in Pinellas County, Florida. Lechmere shall then appoint an appraiser with such minimum credentials within fifteen (15) days after receipt of notice from Developer of its appointment. The two (2) appraisers shall immediately appoint a third appraiser with such minimum credentials and such appraisers shall all promptly appraise the then fair market value of the Lechmere Tract. In- the event Lechmere fails to appoint an appraiser, Developer's appraiser shall be solely responsible for determining the fair market value of the Lechmere Tract. In the event that the three (3) appraisers are not able to agree upon a fair market value, 1 49 Ij 1 . 1 . t-1' i I 50 0.6 4.40 n"u, 2•63G •*airzarket value shall be deemed to be the average of- i1i):'. closest appraisals. Developer must exercise the O N written notice to Lechmere within thirty (30) ;. . .1.41�vinq fter Developer's receipt of notice of the appraised fair .1" et, value. if Developer fails to give such notice within the thirty (30) day period, then Developer shall be deemed to have waived the option. In the event the Developer exercises the Option, Developer shall pay the fees and expenses of Its appraiser. Lechmere shall do likewise with respect to its appraiser and the fees of the third appraiser shall be divided equally between the parties. In the event that Developer waives the Option, Developer shall pay the fees and expenses of all the appraisers. Notwithstanding the forgoing, should Developer exer- W also Its option to repurchase by reason of the event described In 8.3(A), then the Developer shall have the right to repurchase the Tract for an amount equal to the purchase price paid by Lechmere plus an Increased value Increment calculated as the base rate from time to time publically announced by Citibank, N.A., New York or its successor. The closing shall take place at the Pinellas County Registry of Deeds on the date set forth In Developer's notice within sixty (60) days of the date an which Developer exercises the Option. The Purchase Price for the Lechmere Tract shall be paid in full at closing by Federal Funds check or wire transfer. Lechmere shall convey title at closing by quitclaim deed subject to the same easements and restrictions as contained thereon in its original purchase from Developer and such other easements and restrictions as are anticipated or per- mitted pursuant to the REA or as Developer shall have approved in writing. if Likewise, if Lechmere shall reopen within 90 days of said notice then this option shall terminate. I 50 ARTICLE IX LIMITATIONS ON LIABILITY 9.1 sale Leaseback or Mortgage. Anything in this REA to the contrary notwithstanding, if any Party shall assign its interest in this REA in connection with a sale and leaseback or lease and subleaseback and simultaneously it shall become vested with a leasehold estate or similar possessory interest in Its Tract by virtue of a lease made by the assignee, or.lessee, as the case may be, or if, in order to secure an indebtedness, any Party shall convey its Tract by way of a mortgage and it shall retain a possessory interest in Its Tract, then in no such event shall the assignee of this REA under any such sale and leaseback or lease and subleaseback or the trustee, beneficiary or mortgagee under any such mortgage, be deemed to have assumed or be bound by any of such Party's obligations hereunder and all obligations shall continue to remain those of such Party alone, so long as it shall retain such possessory interest, and performance by such Party of any act required to be performed under this REA by it or fulfillment of any condition of this REA by such Party shall be deemed the performance of such act or the fulfillment of such condition by such assignee, lessee, trustee, beneficiary or mortgagee, as the case may be, and shall be acceptable to the other Parties with the same force and effect as if performed or fulfilled by such assignee, lessee, trustee, beneficiairy or mortgagee. No such assignee, lessee, trustee, beneficiary or mortgagee shall be treated as having assumed such party's obliga- tions under this REA until it takes possession of the applicable Tract (by foreclosure, deed in lieu of foreclosure, termination of the leaseback, or otherwise). Anything in this REA to the contrary notwithstanding, if any such mortgage on a Tract is foreclosed or a deed delivered In lieu of foreclosure, or if a Party, having entered into a sale and leaseback or a lease and subleaseback transaction involving its Tract, shall be deprived of possession of such Tract by reason of its failure to comply with the terms of such leaseback or subleaseback, anyone who has a:quired, or shall thereafter acquire, title to such Tract or a 51 11;�`:i tub • 6 4 40 tug � .. , Ilcestaxe::therein shall hold the same free of any reQuire- t..: AN....... . :8eotions 8.2 hereof that a store be operated on such ;Qut such Party shall not, in such a case, be deemed A -from its covenants under 8.1 hereof. Developer's Limitation on Liability. Lechmere and any :':other Party, specifically agree to look solely to Developer's �i•'interest in the Shopping Center for collection of any judgment =`from Developer by reason of any default of Developer under this RrA, it being specifically agreed that otherwise neither Developer nor anyone claiming under Developer (including (i) any trustee of Developer, (ii) any partner or any officer of any partner, comprising Developer, and (iii) the holder of any bene- ficial interest in the trust comprising Developer) shall ever be personally liable for any such judgment. The foregoing limita- tion on Developer's liability, however, shall not apply to the obligation of Developer to initially construct and open the Common Area and the Developer Stores. 9.3 Lechmere'a Limitation on Liability. Developer and any other Party, specifically agree to look solely to Lechmere's interest in the Shopping Center for collection of any judgment from Lechmere by reason of any default of Lechmere under this REA, it being specifically agreed that otherwise neither Lechmere nor anyone claiming under Lechmere (including (i) any trustee of Lechmere, (li) any partner or any officer of any partner, comprising Lechmere, and (iii) the holder of any beneficial interest in the trust comprisingt :, echmere) shall ever be per- sonally liable for any such judgment. The foregoing limitation on Lechmere's liability, however, shall not apply to the obliga- tion of Lechmere to initially construct and open the Lechmere Store. t� 52 L1 r Sk- . r� .r '4�'• lli. j. a 0 na-20.9 9. SIGNATURE PACE OF OPZR&TION AND RECIPROCAL EASEMENT AGREEMENT BETWEEN LECHMERE, INC. AND CLEARWATER COLLECTION ASSOCIATES, LTD. IN wiTHESS WHEREOF, the Parties have caused this REA to be executed effective an of the day and year first above written. CLEARWATER COLLECTION • ASSOCIATES, LTD. (*Developer') By Sembler Equities, Inc., a Florida Corporation B ZZ /le ATTEST: 0V C 1. v OA�T STATE OF ss... ... COUNTY OF On this %1" day of QftAr%j _r 1917, before me a Notary Public within and for said &unty, personally appeared to me personally known, who, being by me duly sworn, did say that he is the of Sv4ut- 03'AC. , the corporation named in the 53 1 I-am W-i Vt. 7: XV; t the-9644 6ffixad to said' nst!C --".:jtha Real, Of 'said -corpor&L-Long'• a �ttd,,sealad on behalf . of said corporation and Of 'Associates, Ltd. by authority of its Board on (,!!!!ft S. N"e�� acknowledged Said the tree act and deed Of said corporation and . N...... ......... e. �ct.ry Public e I witim va"m cmxmisnion expire ow 54 TT SIGNATURE PACE OF ��,,4 • t, - OPERATION AND RECIPROCAL EASEMENT AGREEM M BETWEEN .0 = LECHMERE, INC. AND CLEARWATER COLLECTION ASSOCIATES, LTD. IN WITNESS WHEREOF. the Parties have caused this REA to be executed effective as of the day and year first above written. r :x•' LECHMERS, INC. Mechmere" ) �`•` Ti C!e STATE OF ss COUNTY OF On this D&% day of I�Ur.sr.. 1984, before me a t Notary Public within and for said County, personally appeared ' �- Kmel 0. Gm- -.:cZ, , to me personally known, who, ? being by.me duly sworn, did say thatshe is the _U;.c_t- j.,,dwA Of i. ..r A &. the corporation named in the 55 ev Name KaLrQ/� Q. Emn.er t c.h ti. r T Title 01cc Qrd%jLppt- tti,• t .�r•''v`i�0^`�■ �- y L y;• : Bvlfflffid L `' •.��' N Name 1 wMl 1fl �i STATE OF ss COUNTY OF On this D&% day of I�Ur.sr.. 1984, before me a t Notary Public within and for said County, personally appeared ' �- Kmel 0. Gm- -.:cZ, , to me personally known, who, ? being by.me duly sworn, did say thatshe is the _U;.c_t- j.,,dwA Of i. ..r A &. the corporation named in the 55 j r Sry 56 f1M Q; 40 =2072 ft.. iftswient, and that the seal affixed to said instru- pt:oorForate seal of said corporation, and that instru- •'s.Bigt►ed:and sealed in behalf of said corporation by stiff t?igr_ ty=ot,.its Board of Directors and _k�wbt Q. 5...,. "wL ;atskrio+rlsdgod Instrument inetruent to be the free act and deed of said .: ,:corporation. Ae ��:�M°�"a�•wc..�,,.+ Notary Oublic f�` ?•:' ' My Comiesion expires .Ct i j r Sry 56 f1M ►� •. tOt7rM 114[ or .. 11UU .T•V %`. /.T. : -'�. sees_ .0-1:34- .0 -TL 2U % V _ ✓ __!fig ;B1 ?- 11� -�..._. - -• - .. � LINE BEARING I N 89130'00'43 DISTANCE 319.74 Prepared under the supervision ofs 1/4 "Dues •mil rwi Ot W /eetAeeet 1/0 Yt %bo OwWaet OL 1. 11 pooch Ran" Ra 11 Most. ftrolus emotr. 110[14. 70t104a1t s' 125.00 A. des,"Lbod 40 L.11etcs :t�'�'� YSct ;�;.�•.•;Oe[neYw a0 tlM W+tlwat Os:ser et said Oeetims 71 tibsom , GC vast saatl• r.01•at•le• Y.. 430.02 the 0th ilea ee ;;��; ::.• •.. , 01002 d11 •; tbe410e l.avleg 9014 1104. M. 00'34.41• M.. 430.02 lotto +• .. °: ,tbsAa0 a. 00.16.10. 2.. 330.01 toot to the teat sllat -et-wr ,+,.live y;,,, ,:, . •': 1 of 0.{. e1llmm 30 1301 toot that -os -writ tbeoo4 0109 baLsl 100 Lost teat et and -.y 1 ••, v;..: -osld rllat-et . /00311.1 -54644 M. o tae LOi1R Or 0limi"t a.;;.0Lw i q Salo 110.30 toot tto 00 62.57 11.30,010 Y.. 311.74 teatl tae2e. L• 06-30-00* V.. 110.00 '1` "•;;;'� '' t4.tl !asses r. 29'30,001 Y.. 167.00 tests shames r.0e•30'o0.2.. 200.00 t•Vt1 thowe r.e7'f1'ti• Y.. 62.67 teed tbanc'e ` b} S;a,'.�:•'- M. 00'30-00* r., !00.00 teat t0 tat recta ltsn e9 said leutha4et 1/4 at the southeast 1/41 tsenan along .and &lee. 0.09'4714319.. r -;.• •.' 602.32 teat to .ale West rllat- ot-ra7 line of O.L. illlwar : "' ^ "'•.40D 101 theAM cloy said 11". S. 00.34.44• Y.. 511.0! ttnt to ® the 701Y! or 2re1101fiq. CONSULTING CIVIL ENGIMMERE Ceatalsly 6.02 aurae Rose or soon. �:'� •sees. • • . MIR 0Iv :s cI J `O ,S: I • -Y •t V 2463 RXIMSPIRSK ROAD. CLEARWATER. FLORIDA 33575 I •• 200 DATE I • 6 • 87 Oil RMH CHIC .IOM NO. 334A I 6 i i tOt7rM 114[ or .. 11UU K /wi UKLVT { S.R.590i .71 n&r 1 LINE BEARING I N 89130'00'43 DISTANCE 319.74 Prepared under the supervision ofs 2 S 00'30'00'43 125.00 3 N 80'30'00'43 207.00 4 N 00'30100'E 294.00 2 -4 -87 D H 37'07'26'43 62.57 Date D e !D. ,er�an- e N 00'30.00'E 296.56 F orida Reytal.r6d Surveyor 2 -4 -87 REV. BOUNDARY SKET H ONLY N01 A SURMEY CUMBEY & FAIR INC. ® LECH MERE CONSULTING CIVIL ENGIMMERE SITE V 2463 RXIMSPIRSK ROAD. CLEARWATER. FLORIDA 33575 I •• 200 DATE I • 6 • 87 Oil RMH CHIC .IOM NO. 334A I 6 i i 5 y tt •.YYSS �N TI Q �l0 J�O 1 I ' 1• I� �I 6a 1 Sim T ,. }3�•ty�.•. ; ataRO�frss�sc otaestatd•as �oliwat�. .. :' .', :••'; �' '•.i' as she 6eothea9t easser et said Netles It tAasw; •; ,. < a2osf'ahe swth ilea of said •:aQt /Ot.�l. Of'30•10' M.. 459.4 LC•.. • -:..:. r;: a.y�;'•gNtl. theaaf 1aaYtDO Nld lime. Y. 02 !l•l4. 1..• 90.00 test -•: ehe'rerth rl9ht•08•Way lime of Otw stress 15.1. 490. 100, ' • ' s.••y ••. .. �j• fit;; .:�: �,gess;stsae- St- lleyl•aaa the 0O17R 06 Of fge0rta61 ifrea0a atewf lt A� 1.-• raid r:Wtro2- rQ7aa. 81. 99•29* W0 x.. 230.00 Usti t%6"4 JesWla� es Said 3taei U. 06.54.44• •[.. 350.02 goat, tta.oa . . • :;•:• R: 10 6119• W.. 305.26 gti tkon" U. 00.43.02• a...946.94`.. ........ I to the outh Use of Sold southeast ip of too savtheaa0'. 41. these au" said It", S. 99.47.45• s.: 360.90 tests" w ` r � .'• A. 37'S7 79' a. @67.l6fioet 00ti�onve00. 00!30196 It.. 264.stto °t . Best! thaw A. 99.39.00• t.. 261.60 gestt theses 10.69.30106.1.. 126.04 f 91 thesoa S. 99.30.00. 1.. 111.70 tees me the was tlot•Og•Way uM of 4.9. Ushwy 19 2200 goat rrtyat•at•WAY11 ' theses &I1*0" Ntd e4ght•og•Way time. hetaq 100 test West 1.. ead ppaa Calls& With the fast aloe of sold Mattes 7r t.06'fl•l4•f0.. • 3t0.f0 Bests tbaaee leaviel said line. R. 60'36'10• Y.. 320.03 tests sheaaa 4.00.34144'M.. 100.02 goat to the 9Oisi' Or 9=vvzvG. Ceata"L" 35.20 acres sere or less. I 1 j. 9443 INT91►RId1 ROAD, CLEARWATER, FLORIOA 33s7S t r. 200' ju DR JIM" CHK J0/ Ne• 334A SEC. 71 T WP. 29 S.. R G E 16 E. (100'R /WI iiciiosiST COA LINE SEARING 015TANCE I N 00'54'44'E 50.00 2 N 69'38'10'W 250.00 prepared undo: the supervis:.on ofs 3 S 00'30'00'04 296.36 4 S 37057'26`£ 62.57 5 S 00'30'00'M 294.00 2' 5, 87 .11C�" a S 86.30'00'£ 267.00 Date rue recrans, ' 7 N 00'30'00'E 229.00 Florida Registered Surveyor a S 89'30.00'E 319.74 SKETCH ONLY N01 A 55URVEX CUMBEY & FAIR INC. THE COMMONS LESS COMSULTIMO CAVIL ENGINEERS LECHMERE SITE 9443 INT91►RId1 ROAD, CLEARWATER, FLORIOA 33s7S t r. 200' ju DR JIM" CHK J0/ Ne• 334A SEC. 71 T WP. 29 S.. R G E 16 E. ii I CLEARWATER COMMONS 113440M2675 EXHIBIT "C" TED _3rGN CRITERIA Generalt This section provides detailed criteria to be used in the design and documentation of the Lechmere site and surrounding areas. in addition to the specific requirem'ents called for below for the design and construction of all on- site and off-site improvements; buildings and structures shall conform to all applicable federal, state and municipal requirements, including, but not limited to, local signing, zoning and highway ordinances, fire and building codes, regional planning directives and regulations pertaining to health, safety and environmental protection. The Developer shall bear responsibility for removing or otherwise correcting any condition obstructing the building process, such as those due to latent soil conditions or hazardous waste, that had previously gone undetected during normal geotechnical investigations. ("Latent soil conditions", as used above, shall be defined as any natural or unnatural material concealed by overburden or natural vegetation). IN THE EVENT THAT ANY GOVERNMENTAL AGENCY PLACES ANY RESTRICTIONS OR IMPOSES ANY CONDITIONS RELATIVE TO COMPLIANCE WITH APPLICABLE REGULATIONS BEFORE OCCUPANCY PERMITS CAN BE ISSUED FOR LECHKERE OR OTHER TENANTS ON THE SITE, THE DEVELOPER SHALL IMMEDIATELY NOTIFY LECHMERE. 3.S440 ias�and:Sofloi The following requirements shall apply to sCadiiiq; b!' ttis 'site and all 'soils investigations and work. .tom: ".:;t.•1':`. All grading plans shall show contours. Whether existing or proposed, all buildings, improvements, roads and t' highways, including those adjacent to the Lechmere building shall be shown in their true location. :•,�:,. (a) The Lechmere building's main entrance and package pick -up entrance will be accessible by grade level parking only. Steps and stairs are not permitted. (b) Sidewalks at Lechmere's building will slope away from building with grade of no less than 1.58 and no more than 3.58. All water shall be sheet drained away from Lechmere's doors. (e) Asphalt paving areas shall be graded to avoid ponding water with slopes no less than .58 and no more than 5.08. Certain minor areas not on the Lechmere Tract may have slopes of no more than 7.0t. 2. Landscaped slopes and berms: Grading of temporary and permanent slopes shall be set to preserve the integrity of the slopes as determined by the soils engineer. However, in no case shall a landscaped slope or berm exceed 3 to 1. Retaining walls may be constructed along the Northern boundary of the Shopping Center and at such other locations as mutually agreed to by the parties. Rip - rapped slopes if approved for use by Lechmere) must not exceed 2 to 1. 3. All building pad soil shall have a minimum bearing capa- city of 2,500 pounds per square foot at the base of the footings as well as the concrete slab. Earth stabiliza- tion and /or replacement shall be performed as necessary to meet this minimum requirement for slab and footings. 2 r; t F,:V .j pr 3bpsoii excavated during grading of the site shall be stockpiled and made available for use during flnbi -landscaping operations including landscaping inside perimeter sidewalks around the Lechmere building. S. All material, including native and imported fill, within 3 feet of any building surface, or permitted building area, including foundation concrete shall be nonexpan- sive with a plasticity index of 12 or less. The . material shall also have sufficient cohesion to stand vertically for 3 feet. The unprotected fill materials will temporarily support this condition. However, spe- cial care on the part of Lechmere should be exercised in areas adjacent to the footings excavation to avoid caving or sloughing of the sidewalk excavation. No oversize material or lumps greater than 6" in diameter will be allowed and not more than 154 of the material shall be greater than 2 -1/2" diameter. 6. Lechmere's pad should be completed by April 1, 1987, and shall include temporary utilities as outlined in Section D below. The Developer shall provide Lechmere with the Soils Engineer's written certification that Lechmere's pad work was completed in accordance with the recommendations of the Soils Engineer's written report and with all plans and specificationa. THIS WRITTEN CERTIFICATION SHALL BE RECEIVED BY LECHMERE FOR REVIEW TEN DAYS BEFORE THE PAD DELIVERY DATE. Once the pad has been delivered to Lechmere in accor- dance with the provisions of this Exhibit and the Agreement (provided that in no event shall Lechmere be obligated to accept the pad prior to March 1, 1987), Lechmere will be responsible for its maintenance. At 3 'a 7.•x..4 s (• . ^.. .��.; / •k� J. z �• J �.3 :'�0 a 20 TB D �szregi�est' ::end st Leahs�erers e�iysnse; ..:. .. lop- , Jr. i11 crown, the pad to limit veather damage.. iii .+:+;•N :: • ._Pad :elevation trill be not to a toilerance of plus or ms one -tenth of a foot. The pad will extend five feet beyond the building walls or to the back of the •curb adjacent to the sidewalk around the buildings, ' whichever J—s further. r, Construction Road and Staging Areasr A temporary drideable surface construction road connecting to Old Coachman Road �.,... shall be constructed and maintained in good condition �tN,;l.; • throughout the construction process to provide access to the Lechmere building. -Staging areas for material storage, and U ti %;s;':, contractors' trailers and sheds shall be provided. The construction road and staging areas shall be completed before the start of construction on the Lechmere building in the location outlined on the Site Plan. D. Temporary Utilities: Developer shall provide the following temporary utility services before the start of Lechmere's construction to a point approved by Lechmere not more than 25 feet from Lechmere's building pad. Lechmere or its contrac- t:' tore shall pay (on the basis of metered use) for the operating costs of the following utility services. Clear accessibility to pad for all work within 25 feet must be completed. These temporary utilities should be delivered as part of pad delivery outlined in paragraph 7 above. 1. Storm Drainage: Provide temporary ditches or other means as necessary to divert surface storm water runoff from building pads and staging areas. Temporary drainage facilities shall be maintained by Developer until permanent storm sewers have been completed and made operational. i 4 1 ' :i '•, .. -. -- i � � Lam` '•k .: `` . -_. ,J 1tpLs't''; As a "minimum service, a two- !(2) inch line with* �i- ..: if'•`iaah meter at a pressure suitable for use without to 'y 1 'need for pumping. Electricity: Service at 200 /120 volts with a minimum o 400 a '� �.; °' °'• mps, three - phase, four wire and terminating in a weatherproof and rainproof fused disconnect switch. 4. Telephone (two lines): Developer shall coordinate with the local telephone company to assure access to Leehmere's building pad and staging areas for telephone service availability. E. Temporary Signs: Developer shall prepare and erect a tem- porary sign or signs which shall indicate Lechmere's name in a prominent position. The layout, design, size and location of such signs shall be approved by Lechmere. F. Permanent Utilities: By August 15, 1987, the Developer shall provide the following operable permanent utility services to a point approximately but no farther than, five (5) feet fron Lechmere's, exterior building wall, which shall be at an ele- vation and specific point of entry selected by Lechmere. Developer shall provide all the necessary preliminary coor- dination with the various utility companies to assure ade- quate service will be provided to the site. These utilities shall be provided as follows: L. - 1. All utility lines, conduits, ducts or systems shall be underground, unless approved in writing by Lechmere. 2. Storm sewer and sanitary sewer line(s) (4 -inch minimum pipe) shall have inverts sufficiently deep so as to receive all building overflow by gravity flow (except for any truck well) to approved engineering standards 5 PILL ,1 i ,n0iudit►g, if' reasonably possible, ' yard drains in •tw: -;: r triicli dock we' lls located no more then' maven' (7) feet below floor slab grade. Pumping systems shall be used •�;;'~ only with the consent of Lechmere. Sanitary sewer flow requirements shall be reviewed with Lechmere's Architect. 3. The storm drainage system shall be a closed conduit �r44��'•' ° system and shall include lateral connections for building roof drainage. All pertinent inlet and outlet structures, rip -rap and bank protection, with an overall design based -on hydraulic analysis, including retention ponds shall be submitted to Lechmere for review and approval. Conduit capacity shall be sized by local ordinance to eliminate ponding during a ten (10) year storm with a ten (10) minute time of concentration. A minimum of eighteen (18) inches freeboard shall be maintained bet- ween building floor elevation and the water surface resulting from a 100 year frequency storm. Surface drainage swales may be allowed in areas not used by customers, with Lechmere's prior review and approval. 4. Electrical Service: As necessary, will cause to be pro- vided underground primary electrical service lateral and pad mounted transformer, in a manner satisfactory to Lechmere and to the utility company providing service. If the utility transformer serving Lechmere must be located beyond the minimum setback from the building (as required by local code or the utility company) due-to site circulation or other criteria, the Developer shall also be responsible for the cost of conduit and cable from the secondary side of the transformer to within 5' of the building. 6 i. ti ' 0.8440 20 Telephones Provide duct, conduit and manhole structures of. the sizes and in the quantity required by Lechmere and the utility company furnishing the telephone service terminating at the point of entry. Typically, Lechmere requires a 4 -inch conduit. Also, provide a blank 4" conduit for fire alarm connection per Paragraph 0.4, this Appendix. ,Y .. ?%i3;i:,:'• '.• 6. Utility Connection Pointss With respect to the Lechmere -': store, actual connections with "stubbed out" utilities at points of connections will be made by Lechmere's `± contractor. in the case where utilities have not been installed prior to building "stub -out ", the Developer shall make the connection to building and submit a cer- tificate of testing by local authorities. Permits for these connections will be obtained by Lechmere. Permit fees for such building connection will be Lechmere's responsibility, unless fees are a contribution to the cost of public system improvement or extension thereof, to Lechmere building, in which event the fees will be Developer's responsibility. All permanent utilities required hereunder shall be available by the completion date of the utility work. 7. Domestic Water and irrigation Linest Lines, one water '. meter and backflow preventers, of the size and in the quantity specified by Lechmere and required by the supplying utility company shall be provided at a pressure suitable for use without the need for pumping. Typical Lechmere requirement is for a 2" line at 80 gallons per minute. 8. Fire Protection Systems: All fire protection systems on the site shall be designed to meet all applicable governmental requirements. 7 i 1 � • ' . • �*!.: is 1. r I . • r __ a:: Subject to the foregoing requirements, fire hydrants shall be located as required by the local }�y •:: - Fire Marshall or Public Health and Safety Offices. �; �+•.;_,•_• '. All parts 'of Lechmere'a building shall be Y;:y�• .. �f��•' -� accessible yy Fire hydrant hose (300 feet maximum length) . �tsz= b. underground water mains shall be of a sufficient size and pressure to adequately supply both fire . = ;r�::� protection and domestic demands simultaneously. C. The B" minimum diameter fire service line with a 2,000 GPM demand flow rate shall include a fire department siamese connection and an outside control for the service main provided by Lechmere (by wall indicator valves or other equipment). All connections and valves shall be accessible and Developer shall provide any other meters, valves or vaults required by local or state ordinance. Developer shall furnish and install at its expense a backflow preventer valve. The valves are to be located on the building wall nearest to the point of connection to the building. .The service will normally include a detector check valve with bypass meter, a two -way siamese fire department connec- tion, wall indicator valves, and an empty 3/4" con- duit stubbed to within 5 feet of Lechmere's building. The underground lines shall be installed, tested, and certified according to NFPA 24 requirements. d. Lechmere may ascertain and make provisions for con- nection to the annunciation system at the local fire department. This work shall be treated simi- lar to the telephone utility work. a I t r lf %. disLgn" and -I&Yc;ut Of that. Lechlaire's buildir TED BUILDING AM- 9 10 t A, 013440 2034 j~ ul" 1' I r ii 1 3 ----------- r Fvnm - --------- ' I Ij PES14URAN OUT P,,kci io SHOPS rl-l's 3 Fvnjft YAJO AL DEIENDON THE SEMBLER COMPANY CMrf%AL An ... ............. ... ........ .. ............... ..... . .. .... .... ------- DREW ... . .. . ................ EXHIBIT "X" iLg- Lick SHOPS 013440 2034 j~ ul" 1' I r ii 1 3 ----------- r Fvnm - --------- ' I Ij PES14URAN OUT P,,kci io SHOPS rl-l's 3 Fvnjft YAJO AL DEIENDON THE SEMBLER COMPANY CMrf%AL An ... ............. ... ........ .. ............... ..... . .. .... .... ------- DREW ... . .. . ................ EXHIBIT "X" lk.. ,, AN. »t x • tra,rHX3 p Eg .. . . $ .. . .. . .. ..I . . 1 $ SS102466 OR6735FG0217 AMENDMENT TO AND RATIFICATION OF OPERATION AND RECIPROCAL EASEMENT AGREEMENT THIS AMENDMENT is made and entered into as of the Z�_day of April, 1988, between LECHMERE, INC., a Massachusetts corporation ('Lechmere') and CLEARWATER COLLECTION ASSOCIATES LTD., a Florida limited partnership ('Developer'). 4C� 0 H 41 DS W I T N E S S E T H: 43 Int 4F Fas _ WHEREAS, Lechmere and Developer entered into an Operation TOW Reciprc:al Easement Agreement (the 'OREA') dated February 27, 1987,'and recorded in O.R. Book 6440, commencing at Page 2013, DN Public Records of Pinellas County, Florida; and WHEREAS, Developer's leased and optioned property described in said OREA as Exhibit 'B' contains an error in the legal description in the footage described in the third to the last call ('Developer Tract'); -and- WHEREAS, the Developer Tract and Lechmere Tract, as defined in the OREA has been platted with the correct legal descriptions; and :S :•3 9� WHEREAS, Lechmere and Developer wish to aWRY11aid legal descriptions to the platted descriptions and to amend certain other provisions of said OREA as hereinafter set forth; and TOTAL: .... -DDEFTD : o WHEREAS, Lechmere and Associates have previously entev§&l ''E' Into separate Ground Leases and Real Estate Purchase Agreements as lessee and Purchasers, ('Leases and Purchase Agreements') < dated February 11, 1987, with Maurice A. Rothman ('Rothman') as 4u)- ° Lessor and Seller for the purchase of adjacent properties located in Pinellas County and described in Exhibit •A" and Exhibit x respectively, attached hereto and incorporated herein by o w. reference (the 'Property'); and O� z WHEREAS, Lechmere and Associates have purchased their 2 c respective portions of the Property and the deed to Lechmere from so Rothman for a 944 undivtd d interest dated ApYiia•, 19f$6, has 6 been recorded in O.R. Book Ul,S commencing at Page LJA, and the deed to Lechmere from Tampa - Orlando - Pinellas Jewish roundation, Inc., a Florida non - profit corpo etion ('T -O -P') for a 10% undivided interest dated Apri 1, 1988, has been recorded in O.R. Book o-2, commencing at ege � , Public Records of Pinellas County, Florida, and the Deed to associates from Rothman for a 90% undivided interest dated April,, 1989, has been recorded in O.R. Book , commencing at Page 2,00 , and the deed to Associates from T -O -P or an undivided 108 interest dated April, 1988, has been recorded in O.R. Book 6 735 commencing at Page 1e {o, all of the Public Records of Pinellas County, Florida; and WHEREAS, Lechmere and Associates wish to ratify and confirm the OREA as modified hereby; NOM, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree for themselves and their heirs, successors and assigns as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Legal Descriptions. The legal descriptions attached as Exhibits 'A' and '9' of the JREA are hereby amended to the legal descriptions described in E%hibits 'A' and 'B', respectively, attached hereto and incorporated herein by refer ?nce. 0 !. 24 i28. ,G 329.54 325.59 3c.00 OR6735PG0218 3. Construction Covenants. The square footage development described in Sections 8.1 and 8.2 of the OREA and Exhibit "X" to Exhibit "C" of the OREA is hereby amended to a phase development ( "Phase Development ") as shown in Rxhibit "C" to attached horeto and incorporated herein by reference, the time frame of which is as follows: Phase I was completed before November 1, 1987; Phase II shall be completed on or before October 1, 1048; and Phase III shall be completed on or before April 1, 1989. 4. Vision Cable Property. The property owned by Vision Cable of Pinellas, Inc., a Florida corporation adjacent to the Developer Tract may be acquired by Developer and incorporated into the development of the property described in the OREA as a part of the Common Area of the Developer Tracc. In such event Developer shall bear all cost of the Common Area development of said additional property. 5. Re urchase O tion. The repurchase option contained in Section 8. of the A sets forth the happening of spec " is events which are conditions precedent to the exercise by )eveloper of the Option (as defined in the OREA). Said events are described in subparagraphs (A), (B) and (C). Reference to subparagraph (C) was inadvertently excluded from the first sentence of the paragraph following subparagraph (c) of Section 8.3 Lechmere and Developer hereby amend the first sentence of said paragraph to reaa: "If Developer wishes to exercise the Option, Developer shall give notice of such intent to Lechmere within thirty (30) days of the happening of any of the events set forth in subparagraphs (A), (B) or (C).•' 6. Ratification. Lecbmere and Associates hereby acknowledge and confirm that they are the fee simple owners of their respective portions of the Property; that the terms and conditions of the OREA are hereby ratified and confirmed; that the OREA is binding upon them and their respective heirs, successors and assigns and their respective fee simple estates; and that they agree to perform comp!; with, abide by each and every stipulation, agreement, covenant and condition as set forth in the OREA. IN WITNESS *WHERF.OF, Lechmere and Developer have signed and sealed this Agreement the day and year first above written. WITNESSES: LECHMERE: LECMMRE, INC., a massachu tts torpor By: As: .; _ .. -2- Mls- MMM OR6735PG02 19 To" WITNESSES: DEVELOPER: CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership Bys SEMM R EQUITIES, 114C..:14 Florida corporation, its'. sole General Partner M. Steven Sembler President STATE or � COUNTY OF umm in Thiforeg strument was ac led this Y da ' — �mp c2d f 1988, by an M Ajo*-Aham6 of LECHMERE, MC., .6 MassacMus9tts corporatloV on beha of said corporation. terry P- c My commission expires: STATE OF FLORIDA Cemh k dm EWm A"" "94 COUNTY or PIMMT.As The foregqi q instrument was acknowledged before as this y of 1987, by X. STEVEN SZXBLCR, an pie!Bident•cf 8 MEN6M EQUITIES, INC., the sole General Partner of CUUUM►M COLLECTION ASSOCIATES, LTD., a Florida limited partnership, on behalf of said corporation and partnership. Notary Pub My commission ejtp;--..s.Vt 1) JKMM slsAM04228 bow of nam. Aa iw my c-MM6 aw, 6/3111M a-ded Thm a.. b. U.& S7 To" OR6735PGO220 LECHNERE, INC. LECHMERE TRACT LEGAL DESCRIPTION Lot 1, THE CLEARWATER COLLECTION, according to the plat thereof, as recorded in Plat Book 99, Pages 91, 92 and 93, Public Records of Pinellas County, Florida. �s= k _ EXHIBIT "A" .0 T.' l `t 'w OR6735PG022 I CLEARWATER COLLECTION ASSOCIATES, LTD. DEVELOPER TRACT LEGAL DESCRIPTION Lots 2 and 3, THE CLEARWATER COLLECTION, according to the plat thereof as recorded in Plat Book 99 ' Pages 91, 92 and 93, Public RaCOrds of Pinellas County, Florida. EXHIBIT *B' - •> V . '•:!Y�c„ -._ `� '1' -T Y -'. Sri,'•;. -.. q,-.- ..Z�. ♦.. - T'�;.I.r.� .ti.,:.` •;SI,.rJ J] r'��`„ :.:_.::lr•r�a'.:r '' �;%::tj,::,, —. r'. f.. � r, t,'- :r]!•r''3mm� G .•Ri7�+b;:;c.,:.+� .,Y; ,�:r;,�r .:_. • ',y �+�'.a� -a:+ .-,1.� L�`F._ _ _f'. `• •.;.y.:y.•'! _i'wi�r :.. .SL_ �:� %.t. Z3: a+L'r.'.i iV� f•' �tj i.. 1.'ti' w _. .. . Y +� C••.�. 1.+. R 1. AA,N.�.j"76.1 `f'r' n-.. ti:... f�4i' =i:'R� �I 1� � I.�'Y ,.... .... =- ;::�i;�- ...._� /• ;.Ids+ .,. ' -� =•�:: � ._•• '•..: °: ,, ',, =t� ... = ,. , .• - r• ITT'�• "� 1�,, �, 'f';. ': . ;y, � a. .. a - ra:: .�.- ..�. 'f. i_ --.• I .•`- t' r',. '•.'{.�...: r 'Yi •''• t'.r. lC�: a1 �.f.lT J. .: ./ _ . r.i(M i� ii•/� .�' 't�i• .v •f, ^.ice •�• .,I - wl'••.r 't` .:.." :�•i:I, :: _ 890 15536 :♦ OR • PGO • ' •' 01 • CLEARWATER COLLECTIONS • - ' :r Pit. A' UpV SECOND AMENDMENT TO A OPERATION AND RECIPROCAL EASEMENT AG;'MKENT BETWEEN LECHMERE, INC. ;,.:. AND CLEARWATER COLLECTION 24U2177 $I—" TUAL - .. •.7l' -a CW(X 1W.TENOUn CLEARWATER, FLORIDA "• ' •t•J- POW orr"m Des I ma RETURN TO. '}'r �'fM1a.- .�.y.C)f,_I -l••h :�l:l'k''if.'w•�..�.�:'F_! _i 4 .• � .... ...� • OV92 I PGO 130 LIST • EXHIBITS Lechmere Tract • • EXHIBIT A-1 Legal EXHIBIT B-1 Legal EXHIBIT C-1 Site EXHIBIT D-I Legal Descron of Description of Develnper Tract Design Criteria Description of Target Tract EXHIBIT X-1 Site Plan If -5 e I S � 0,1 ;9" 1 PG013.1 185C.3/122088 SECOND AMENDMENT TO A OPERATION AND RECIPROCAL EASEMENT AGREEMENT This Agreement ( "Second Amendment') is made and entered into as of the 1�,4_ day of , 1989, between LECFOiERE, INC., a Massachusetts c rporat on ( "Lechmere'), DAYTON HUDSON CORPORATION, a Minnesota corporation ('Target ");-and C7XARWATER COLLECTION ASSOCIATES, LTD., a Florida Limited Partnership ( "Developer'). WHEREAS, Lechmere and Developer have previously entered into a certain Operation and Reciprocal Easement Agreement dated February 27, 1987, as later amended by a First Amendment thereto dated April 28, 1988 (jointly referred to as the 'REA "), for the construction and operation of a retail store and shopping center complex known as the Clearwater Collections Shopping Center; and V- 11ERFaS, Developer and Lechmere have constructed and opened for business buildings on their respective Tracts; and WHEREAS, Target simultaneously herewith intends to purchase from Developer a part of Developer's Tract consisting of approxi- mately 11 acres described in Exhibit D-1 attached hereto (the "Target Tract ") for the purposes of. constructing a Target retail store thereon; and WHEREAS, Developer intends to construct on the DeVeloper''a* - Tract additional retail buildings and other facilities and to complete the construction of the Common Areas of the Shopping Center; and WHEREAS; Target desires to become a Party to the REA and the other Parties are.agreeable thereto; OV92IPGO132 NOW, THEREFORE, in consideration of the premises and the covenants and conditions herein contained, each of the Parties hereby covenants and agrees as follows: 1. Target, and its successors and assigns, after notice as provided in Section 1.7, shall be a Party to the REA, and its Tract shall be considered a part of the defined term "Shopping Center ". 2. Section 1.4 shall be amended by adding the words "unenclobed garden store" after the word "space," in the sixth line. 3. The exhibits attached hereto shall :ubstitut and replace those exhibits in the REA. All refe• tn- s in %..• REA to Exhibit A shall refer to Exhibit A -1. All references in the REA to Exhibit 8 shall refer to Exhibit 8 -1. All references in the REA to Exhibit C shall refer to Exhibit C -1. All references in the REA to Exhibit X shall refer to Exhibit X -1. 4. Section 3.3(8) shall be amended by adding t word i�,� ,V Target" following the word "Developer" in the 2nd ��and 6th It 3V lines on page 16 and the 8th and 16th lines on page 17. to page 17 in line 10 the word ", Target" shall follow the word1�"v • "1.echmere" . S. Section 3.3(C) shall be amended by adding the words "and between the Target Tract and the Developer Tract," following the word "Tract," in the 3rd line. 6. Section 3.3(E) shall be amended by adding or between the Target Tract and the Developer Tract," following the word "Tract" in the 3rd line. 2 Y' .r OR ' 92 1 0G (113 3 7. Section 3.3(c) shell be amended by adding "(iii) Target Tract 3110. 8. A new section shall be added as followss "3.5 Taraet Construction Requirements. (A) Developer at its sole expense agrees to prepare the pad upon which the Target store shall be constructed. Said pad shall be prepared in a good and workmanlike fashion and in accordance with good engineering standards. Provided Target shall notify Developer ninety (90) days prior to Target's anticipated construction start (the "Target Commencement'), Developer shall cause said paid to be pre- pared at least thirty (30) days prior to the Target Commencement and shall maintain the same in good condition and repair until the earlier of (a) the Target Commencwaent or, (b) sixty days after the Target notification. 9. 4.1(BY shall be amended by adding the words 'or Target Tract" following the word "Tract' on the 2nd line of page 19 and the words "or Target as the case may be' following the word 'Lechmere' in the 3rd line on page 19. In addition the words 'and Target Tract' shall be added following the word "Tract' in the 3rd line of page 20 and the words 'and Target" shall be added after the word "Lechmere" in the 5th line on page 20. Finally, the words 'or Target's" shall be added after the word 'Lechmere" in the 6th line on page 20. 10. 4.2(E) shall be amended by adding the words "and Target' • following the word "Lechmere" wherever•it appears. 11. 4.2(E) shall be amended by adding the words ", and Target shall pay Developer Target's Proportionate Share of Common Area Maintenance Costs," after the word 'Costs' in the 2nd line. •12..' 4.2(F) 1 shall be amended by adding a new. second sen- ienae "From'-and after'the''dete.that Target shall have opened a OR,9Z! ?G�134 store on the Target Tract, Target shall pay to Developer on the first day of each calendar month one - twelfth (1/12) of the Budgeted Amount of Target's Proportionate Share of Common Are& Maintenance Costs." Also, following the word "Lechmere" in the 6th line, the words "and Target" shall be added. 13. 4.2(F) 2 shall be amended by adding the words "and Target" following the word "Lechmere" in the second line. Also, the words ", or Target's Proportionate Share as the case may be," following the word "Share" in the 7th line. Also, the words "or Target as the case may be," following the word "Lechmere" in the 8th line. The following shall be added to the end of the paragraph: 'Subject to E above, if Target's Proportionate Share L,_ Common Area Maintenance Costa exceed Target's payments so made, Target shall pay to Developer the deficiency within thirty (30) days after receipt of such statement. if such payments exceed Tatgetrs Proportionate Share of Common Area Maintenance Costs, Developer shall credit the excess against payments next thereafter due under subparagraph 1 above or, at Target's request, refund the amount to Target." 14. 4.2(F) 3 ahall be amended by striking all of that sec- ' tion after the first sentence and substituting the following: 'Each Party and its authorized agents (including accountants and attorneys) shall have the right at any reasonable time and upon reasonable notice to inspect and audit the books and other documents mentioned above evidencing such costs and /or payments. Should it be determined by any such.audit that any statement previously submitted by Developer to any Party was inaccurate, the Parties shall make an adjustment to reflect the actual Proportionate Share of Common Area Maintenance Costs. if an audit discloses that Developer has overstated any Party's Proportionate Share of Common Area Maintenance . ; -.. . 4. r. OR'97IPG9135 Costs by more than three percent (34), for any period, then Developer shall pay to the Party performing the audit upon demand, the reasonable costs of that audit.' 15. The following shall be added to 4.2(F): 'Target's Proportionate Share shall be determined by multiplying the Common Area Maintenance Costs by a fraction, the numerator of which is the Floor Area on the Target Tract and the denominator of which is the Floor Area on the Shopping Center." 15. 4.2(C) shall be amended as follows: the word "Lechmere' shall be deleted in the first line and the word:r "any Party" substituted therefore and "Lechmere" shall be 80_eted in the 4th line and 'that Party" substituted therefore. 17. In 4.2(C)(i) the words the Lechmere' shall be deleted in the first line and the words "its" substitutes therefore and "Lechmere" shall be deleted in the 2nd'line and the words 'that Party" substituted therefore. 1S. 4.2(C)(ii) shall-be deleted and the following substi- tuted therefore: 0(11) Take over the maintenance of the utilities and the Common Area of the Shopping Center in which instance the dissatisfied Party shall be substituted as Developer with regard*to the rights, duties and obligations imposed by Sections 4.1 and 4.2 of this REA and the Developer shall be deemed a Party with the same rights as any other Party with regard to the future performance by the dissatisfied Party." 19. The last paragraph of 4.2(C) shall be amended by deleting the word 'Lechmere' at the end of the first sentence and substituting the words "the dissatisfied Party." The last sen- tence shall be changed to read: "Provided, however, if three notices are given to any one Party within any twelve (12) month 5 . ^R 921 PGO 136 period describing the need to cure or correct the same or similar condition then no further notice with regard to such condition need be given." 20. 5.1(A) shall be amended by adding the words ', 10,000 square feet of Floor Area on the Target Tract,' following the word "Tract" in the fifth line. The following shall be added: "(xviii) Any theatre; (xix) Any health spa; and (xx) Any restaurant except as ape if ically designated on the Site Plan in Building 300. (prow 'ad, hoveve:, the foregoing shall nou prohibit the opera- tion of a food service establishment such as a donut shop, a yogurt shop, deli, or ice cream parlour selling food primarily for offsite consumption and not exceeding 1200 square feet of floor area located on the Outparcel." 21. 5.l(B) shall be deleted. 22. In 5.1(C) the words 'or the name 'Target'," shall be added after the word 'Lechmere'. 23, In 5.l(D) and (E) the words ', Target" shall be added after each time the word 'Developer" appears. 24. 5.2 shall be deleted and the following substituted: "5.2 Lighting. ( (A) After completion of the Common Area lighting system. Target and Developer hereby covenant and agree to keep the Common Area fully illuminated each day from dusk to 10:00 p.m., Monday through Saturday and until 7:00 p.m, Sunday or such other time as the Parties -ahall.•agree 'is con 6 • OR 92 I PGC 137 sistent with local retail practice. All Parties agree to keep their respective exterior building security lights on from dusk until dawn. (s) It is recognized that a Party may wish to have the Common Area lights continue to burn beyond the required period. Accordingly, my Party shall have the right, at any time to require the other Parties to keep the Common Area lights on until a later hour; provided that the requesting Party notifies the other Parties of such request not less than five (5) days in advance. The requesting Party shall state the period-during which it wishes the light; to be kept on to a later hour and shall pay to the other tat'IeB the cost to those Parties of electrical power to provide such extra -hours illumination. The Parties shall attempt to agree to the cost of such electrical power and if they cannot do so, then the amount the requesting Party is obligated to pay shall be determined from the power costs as estimated by the electrical utility company furnishing such power, or if the utility fails to do so, by a reputable engineer." 25. The second sentence of 5.3(A) shall be deleted and the following substituted therefore: "Except for the Outparcel, each sign shall be of a type and design. as shown on the Site Plan and shall be located in those areas approved by Lechmere and Target." In addition, the words ", Target" shall be added after the word "Developer" in the last line on page 31 and the next to the last sentence of 5. 3(A) shall end with the word "signs." in the first line- of page 32. 1, 26. Following the last paragraph of 5.3(A) add: 'Target shall have the right during its initial construction period, if any, to have a temporary sign identifying the proposed Target Store." 7 . . • OR'921PGO138 27. Section 6.4 shall have added the followings "Target: Dayton Hudson Corporation Target Stores - Real Estate Attn: Property Administration 33 South Sixth Street Minneapolis, Minnesota 55402" 26. Section 6.5 shall be amended by deleting all of the paragraph after the 6th sentence and substituting the followings "The 'right to approve' herein reserved by Lechmere, Target and Developer, respectively, shall be assignable by ea-h, but only by Developer in total to a party who owns a Tract within the Developer Tract, and only by Lechmere in total to • -rty who owns a Tract within the Lechmere Tract; and only by Target in total to a Party who owns a Tract within the Target Tract; each successor assignee may also assign such "right to approve" on the same condition. If the holder of the "right to approve" transfers its entire ownership interest prior to assigning such "right to approve ", then the transferee Party shall immediately become vested with such 'right to approve ". 29. Section 8.1 shall be deleted and the following substituted: 8.1 Oeerating Covenants of Target and Lechmere. It is specifically agreed that neither Lechmere nor Target has expressly or impliedly given to each other, or to .Developer,.any covenant to operate a store or any other, faci�- lity on their respective Tracts. Should such a store be operated, nothing contained herein shall be deemed to control the nature of that operation, the hours of business, the number and types of departments to be operated in such store, the particular contents, wares and merchandise to be offered 8 r OV,921PG1139 for sale and the services to be rendered, the methods and extent of merchandising and storage thereof, and the manner of operating such store in every respect whatsoever shall be within the sole and absolute discretion of the party so operating. Either Target or Lechmere or both may operate a dep5rtment or departments in its store In whole or iri part by licensees, tenants and /or concessionaires. .. 30. Section 8.3 shall be amended as follows: "8.3 Repurchase Option as to the Lechmere Tract. Provided that Developer is not then in default pursuant to this REA, Lechmere grants to.Developer the right and option to repurchase the Lechmere Tract at its fair «o_xet value as determined by appraisal (the "Option ") should Lechmere elect not to operate in a minusum of 60,000 square feet of Floor Area for a period of one hundred eighty (180) consecutive days for reasons other than those set forth in 6.12 hereof. If Developer wishes to exercise the Option, Developer shall give notice of such intent to Lechmere within thirty (30) days after said 270 days. Should Lechmere fail thereafter to open for business to the public within ninety (90) days thereafter, the Developer shall designate a MAI appraiser having at least five (5) years experience in appraising real property in Pinellas County, Florida. Lechmere shall then appoint an appraiser with such minimum credentials within fifteen (15) days days after receipt of notice from Developer of its appointment. "The' two (2). appraisers shall immediately appoint a third appraiser with such minimum credentials and such appraisers shall all promptly appraise the then fair market value of the-Lechmere Tract. In the event Lechmere fails to appoint an appraiser, Developer's appraiser shall be solely responsible for deter- . 9 OR 921 PG,) 140 seining the fair market value of the Lechmere Tract. In the event that the three (3) appraisers are not able to agree upon a fair market value, then the fair market value shall be deemed to be the average of the two (:) closest appraisals. Developer :oust exercise the-Option by giving written notice to Lechmere within thirty (30) days after Developer's receipt of notice of the appraised fair market value. If Developer fails to give such notice within the thirty (30) day period, then Developer shall be deemed to have waived the option. In the event the Developer exercises the Option, Developer shall pay the fees and expenses of its appraiser. Lechmere shall do likewise with respect to its appraiser and the fees of the third appraiser shall be divided equally between. L''t parties. In the event that Developer waives the Option, Developer shall pay the fees and expenses of all the appriserb. The closing shall take place at the Pinellas County Registry of Deeds on the date set forth in Developer's notice within sixty (60) days of the date on which Developer exercises the Option. The Purchase Price for the Lechmere Tract shall be paid in full at closing by Federal Funds check or wire transfer. Lechmere shall convey title at closing by quit claim deed subject to the same eaements and restrictions as contained thereon in its original purchase from Develoer and _ such other easements and restrictions as are anticipated or permitted pursuant to the RBA or as Developer shall have approved in writing. 31. A new Section 8.4 shall be added as follows: 8.4 Repurchase option as to the Target Tract. Provided that Developer is not then in default pursuant to this REA, Target grants to Developer the right and option to repurchase the Target Tract at its fair market value as determined by appraisal (the 'Option') upon the happening of any of the following events: 10 OP "921PGO; I (A) Target fails to commence construction of the Target Store on or before July 1, 1990. (B) Target fails to open the Target Store on or before February 28, 1991. (C) Target elects not to operate in a minimum of 60,000 square feet of Floor Area for a period of two hundred seventh (270) consecutive days for reasons other than those set forth in 6.12 hereof at any time after the opening of its store. If Developer wishes to exercise the Option, Developer shall give notice of such intent to Target within W.rty (30) days of the happening of any of the events set forll in sub - paragraphs (B) or (C). The Developer shall design&. MAI• appraiser having at least five (5) years experience in appraising real property in Pinellas County, Florida. Target shall then appoint an appraiser with such minimum credentials within fifteen (15) days after receipt of notice from Developer of its appointment. The two (2) appraisers shall immediately appoint a•third appraiser with such minimum cre- dentials and such appraisers shall all promptly appraise the then fair market value of the Target Tract. In the event Target fails to appoint an appraiser, Developers appraiser shall be solely responsible for determining the fair market value of the Target Tract. In the event that the three (3) appraisers are not able to agree upon a fair market value, then the fair market value shall be deemed to be the average of the two (2) closest appraisals. Developer must exercise the Option by giving written notice to Target within thirty (30) days after Developer's receipt, of notice of the r appraised fair market value. If Developer fails to give such notice within the thirty (30) day period, then Developer shall be deemed to have waived the option. In the event the Developer exercises the Option, Developer shall pay the fees and expenses of its appraiser. Target shall do likewise with respect to its appraiser and the fees of the third appraiser shall 'be divided- equally betweep •.the: parties... In -the event OR ;921AGO142 that Developer waives the Option, Developer shall pay the fees and expenses of all the appraisers. Notwithstanding the foregoing, should Developer exercise its option to repurchase by reason of the event described in 8.3(A), then the Developer shall have the right to repurchase the Tract for an amount equal to the purchase price paid by Target plus an increased value increment calculated as the base rate from time to time publicly announced by Citibank, N.A., New York or its successor. The closing shall take plane at the Pinellas County Registry of Deeds on the date set forth in Developer's notice within sixty (60) days of the date on which Developer exercises-the Option. The Purchase Priea for the Target Tract shall be paid in full at closing by F -deral Funds check or wire transfer. Target shall conve•, title at closing by quit claim deed subject to the same eat -ne -`a and restrictions as contained thereon in its original purchase from Developer and such other easements and restrictions as are anticipated or permitted pursuant to the REA or as Developer shall have approved in writing. i 32. A new Section 9.4 shall be added: 09.4 Taroet's Limitation on Liability. Developer and any other Party, specifically agree to look solely to Target's interest in the Shopping Center for collection of any judgment from Target by reason of any default of Target under this REA, it being specifically agreed that otherwise neither Target nor anyone claiming under Target (including (i) any trustee of Target, (ii) any partner or any officer of any partner, comprising Target, and (iii) the holder of any :beneficial interest in the trust comprising Target) shall ever be personally liable for any such judgment." 12 OR `92 I FGO 145 SIGNATURE PAGE OF SECOND AMENDMENT TO A OPERATION AND RECIPROCAL EASEMENT AGREEMENT BETWEEN LECHMERE, INC. AND TARGET AND CLEARWATER COLLECTION ASSOCIATES, LTD. IN WITNESS WHEREOF, the Parties have caused this Second Amendment to a REA to be executed effective as of the day and year first above written. LECHMERE, ME Name Title /�6e- '- ATTEST:'' n By "`�`� Name Wt1 L1A,(U Title STATE OF Jf1,$1lteSdCa.) COUNTY OF f'feH P)q, i, ) On this /O day of 19,b before we a Notary Public within and for said 6ounty, personally appeared LiI��L}r�, ,F /W�,•:A/^ to me personally known, nnwho, being by duly sworn, did say that he is the 6/ .P- of dAe-, e the corooration• named in.. the.'' ' 15 ORA92 I PGO 149 zZaam RE, INC. LEGAL DESCRIPTION LOT 1 Lot 1, THE CLEARWATER COLLECTION, according to th• o'. t: thera.,f, as recorded in Plat Book 99, Pages 91, 92 and 93, Public Records Of Pinellas County, Florida. I PARCEL I i The non - exclusive easements for ingress and egress, the passage . and parking of vehicles, the passage and accomodation of pedestrians, separate and common utility Imes, construction, reconstruction, ' ..development, erection,-removal and maintenance of building components and other matters over, on and under the land described in and all as more particularly created, defined, located and limited in the .Operation and Reciprocal Easement Agreement recorded !larch S, 1987, = In O.R. Book-6440, Page 2013,-Public Records of Pinellas County, :Florida, over a portion of the following described prop": Lots 2 and 3, TM CLERRiAM fit, wag to the Plat the as rec=ded in Plat Book 99, Pages 91, 92 mod 93, PCblic reeoords of Pinel'a County, Floa3da. 1 PARCELZZ .• .• ..' .. .. •a Y A nonexclusive easement as'described in that certain Drainage Easement Agreement from the City of Clearwater, as recorded on November 10, 1987, in O.R. Book 6618, commencing at Page 2190, Public Records of Pinellas County, Florida for the purposes of drainage.and.discharge of stormwater runoff, and the- ;49A of the wetlands 'requirements: MCHIBIT 'A -1' • OR ;921 PGO 150 CLrJMATSR CO:s. =CX ASSOC2ATl3, LTD. I.Z= OrSCRIMOW LOTS 2 and 3 Lot, 2 and 3. TIM CLZAWATZX COLLECTION. *CCOrding to the plot thereof as recordad is !sat Nook 19, Pages 91, 92 and Si. Public Records of Pinellas County, rlorida. PAU= I Together with rights of ingress and ogress as rasareed La Uarrsntr Deed recorded La O.R. Nook 1471, Page 95,.Public Records of P1aoll" County, rlorida. PARCCL 22 The coo- exclusive easarnts for legres& and orress, the p.wgo and parking of vehicles. the passage and accaaodatloa ot, P. "a, separate and common utility lines. construction_ reamstzy .-. , development. erection, removal and malatemaaea of banding compcoents sad other matters over, on and under the land described !a. and all as more particularly created. deflaed, located and limited is the Opera. tion and Raciprocal tasomm-t Agreement recorded hared S, 1537, la O.R. Ronk $440, Page 2013, Public Records of PiaalLee Comty, rlorlda, over a portion of the tolloriag described pr'opartyt That part of the Southeast 1/4 of the Southeast 1/4 of - ion R7. Township 21 South. Range if Sut. Piaell.as County, rlo:.da. baaaY further described as follewst Commence at the Southeast corner of Said Section 71 thence along the South line of said Section, worth i1 deg. 36'10• Mast. 430.02 foots thence leaviag said Liao. North 00 deg. 54144• Last. 450.02 foots thence South f! dog. 36'10' Last, 350.01 feet to the Rest might- of-way ilea of D.S. RAg4ray 19 (200 foot right -of -war)# thence along said right -of-w q 31ao, being 100 feet West of and para11 I with the rest Liao of said Section. worth 00 deg. 54144• Rant, 382.50 foot to the rOm or awnorxNal themes leaving said Sine, worth 89 deg. 301001 West. 319.74 feet, thence South 00 dog. 30.00- wet. 125.00 foots chance worts 89 dog. 30100• Rest, 247.00 feet# thence North 00 dog. 30.00• Rest. 294.00 foots thence Moats 37 dog 57'26• Wast,' 62.57 roots thence North 00 deg. 30100• Last, 296.56 feet to the North Llae at said Southeast 1/4 of the Sootboast 1/4t thence along said line. South It deg. 47.45• teat. 629.29 feet to amid West right - of -+ray lira of O.S. Rigbway 131 thence along said liaa. South 00 dog. 54.44• West. 517.82 foot to the POWT Or SLG>NUM. PARCH 221 Son- 16eelwive ;mot right; u grtnted by, Par#iag and Driveway Resemeat recorded la O.R. book 6440, Page 002, benefiting Lots 2 and 3, TIM CLLARNOXTLR COL227MOM. as berelasbove described. said recording is the Peblle Roonrds of PineXUz County. rlorida. PARCLL 27 . A Son - Prelusive Resonant as described La that certain Dralaage •a oment Agreement from the City of Clearwater. u recorded an November 10. 1987. in O.R. book $618: oor•eoeisq at toga 2].90. Public Saeords of Pinellas County: rsorida. EXHIBIT OR-1p ,.y ..-_. '.� :... 3. ...y.... ra.1'!'a •�. �!,I•�'�i.�iyT��1�. r•II�� <�a•.�� r�. •- 1•- ��",-•- -.._... - ♦.�. �+.�.+....'.'....• �.!•� •. _1 �I�r�v�.r•t7�•.i.•7i] bib •iI�•3.111atJPa�:!•Y.�.J�.awaw �.'l�wuw aur�i�.iitJ►�•'a.1[davN 3.,�!'7Slr _ } _Sr OR • ' — . LECAL DESCRIPTION LOT the 4, TIM CLEARWATER COLLECTION Plat thereof as recorded FIRST REPLAT according in Plat r Pages to c ,.'. La C r� 4 r} EXBIBIT "D-10 =� ..i ... .. .', '• Kew,.• i •; f t_ i 1 .. THIRD AMENDMENT TO AN OPERATIONAL AND RECIPROCAL EASEMENT AGREEMENT THIS AMENDMENT is made and entered into as of the 2iT day Of , 1990, between LECHMERE REALTY LIMITED PARTNERSH , a Massachusetts limited partnership ( "LRLP "), DAYTON HUDSON CORPORATION, a Minnesota corporation ( "Target ") and CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership ( "Developer "). W 1 T N E E S§ E T H: WHEREAS, LRLP's predecessor in interest, Lechmere, Inc. ( "Lechmere ") and Developer have previously entered into a certain Operational and Reciprocal Easement Agreement, dated February 27, 1987, as later amended by a First Amendment, dated April 28, 1988, and a Second Amendment, dated January 11, 1989, between Lechmere, Target and Developer (jointly referred to as the "REA ") for the construction and operation of a retail store and shopping center complex known as the Clearwater Collection Shopping Center (the "Shopping Center "); and WHEREAS, LRLP has succeeded to the interests of Lechmere, Inc. under the REA, pursuant to an Assignment and Assumption Agreement, dated October 31, 1989; WHEREAS, Section 2.4 of the REA provides that no party may grant an easement for the benefit of any property not within the Shopping Center; and WHEREAS, VISION CABLE OF PINELLAS, INC., a Florida corporation ( "Vision ") owns property adjacent to the Shopping Center and has requested that Target grant to it easements for ingress /egress and drainage, as described on Schedules 1 through 3 attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Amendment. Section 2.4 of the REA is hereby amended to add the following: "Notwithstanding the foregoing, the parties agree that the granting of the following easements in favor of Vision Cable of Pinellas, Inc., a Florida corporation ( "Vision ") shall be permitted: (i) an ingress /egress easement over and across the property described on Schedule 1 attached hereto and incorporated herein; (ii) a drainage easement over, across, under and through the properties described on Schedule 2 attached hereto and incorporated herein; (iii) a partial assignment of that certain access easement granted to Collection by Florida Power Corporation, such partial assignment to grant to Vision ingress and egress over and across the property described on Schedule 3 attached hereto and incorporated herein." 3. fE fect. Except as described in paragraph 2 above, all terms and provisions of the REA shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment the day and year first above written. WITNESS: //v CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership By: SEMBLER EQUITIES, INC., a Florida limited partnership By: Gregory S. Sembler Vice President (Corporate Seal) DAYTON HUDSON CORPORATION, a Minnesota co Z By . Fontaine 19M4&--,-� As: �• rce President Target Stores (Corporate Seal) LECHMERE REALTY LIMITED PARTNERSHIP, a Massachusetts limited partnership By: W/K LECHMERE REALTY LIMITED PARTNERSHIP, its General Partner By: WEINER LECHMERE REALTY CORPORATION A Ge ra Pa tner tephen R. Weiner Its President (Corporate Seal) (Signatures continue on following page) -2- mffi� 0 3� MP- am v STATE OF FLORIDA COUNTY OF PINELLAS ) CONSENTED TO: LECHMERE, INC., a Massachusetts corporation, as Less of LRLP pursuant to lease d ed October 31, 198 Q By: t As: �( (Corporate Seal) I ,,�,he foregoin Lnstrument was acknowledged before me this / day of (• j 1990, by GREGORY S. SEMBLER, as Vice President of SE LE EQUITIES, INC., a Florida corporation, General Partner of CL WATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership, on behalf of said corporation. and pa ership: STATE OF gf n n aDjA, ) COUNTY OF #,66nj11L' ) Nota y Public My commissio expires: Notary Pu65c, State of Florida my Commission Erp:res Oct. 28, 1990 Bondod Thru TIOY F >m.IMUlanc9 Inc. The foregoing instrument was acknowledged before me this 172� day of 1990, by Say -la_ J"') . E2%Ade ,. , as of DAYTON HUDSON CORPORATION, a Minnesota corporation, on behalf of said corpo a 'on. ■ I ✓.• ✓: J.tiMAMAMAANWM/M/1MMA■ LAURA R. MILLER NOTARY PUBLIC— MINNESOTA Votfiry Pu 1 i c E My Cmm Evm Da 15. T9 My commission expires: COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX The foregoing instrument was acknowledged before me this day of , 1990, by STEPHEN R. WEINER, as President of WEINER LECHMERE REALTY CORPORATION, a Delaware corporation, -3- General Partner of W/K LECHMERE REALTY LIMITED PARTNERSHIP, a Massachusetts limited partnership, on behalf of said corporation and partnership. ob'l� J� lax . Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX ) The foreg in instrument was ack�,owledged b ore.me this day of 1990, by C�. of Lechmere Inc , a Massachusetts corporatio , -• on behalf of said corporation. Notary Public ' My commission expires: -4- CONSENTED TO: AEW PARTNERS L.P. [Seal] By: AEW /L.P., [Seal] Its General Partner By: AEW, Inc., I" General Partner As (Corporate Seal) COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF MIDDLESEX ) {`The foregoing instrument was acknowledged before me this 2E_ day of �� , 1990, byC�c <6 -SzN ;S.0 \c,c,E. k as C�c-A \�c �> =c� ;�c.k c L of AEW, INC., a 14mitad � %eneral Pixtner of AEW PARTNERS, L.P., a limited partnership, on behalf of said corporation and partnership. 0., A 0 '_P _t:1- S�= "-?. - J'�" , . , Not Public My commission expires.. -5- L% STATE OF FLORIDA ) COUNTY OF I4-: 1k.�,1 =5 k.) CONSENTED TO: FIRST FLORIDA BANK, N.A. As L� , ✓ c Z, (Corporate Seal) The foregoing instrument was acknowledged before me this �t day of TL.1 -i , 1990, by ,-- ,-ic.T, w %.i,,.s•:' as VILt Prr %ia�. -.t —� of FIRST FLORIDA BANK, N.A., a ..+.�. tn- ...►cl�a; GJSr.c�y� on behalf of said .4u±h AA� f -1 bwl Notary Publ c My commission expires: NOTARY PUBLIC STATE OF FLOPIDA. MY COMMISSIC;i EXPIRES: AUG. 15. 1992. RON060 TMNV NOTARY PUBLIC UNOERWR /TC;j$. -6- INST # 91- 095174 PINELLAS COUNTY • APR 12, 1991 5 :24PM OFF.REC,BK 7541 PO 849 FOURTH AMENDMENT TO AN OPERATION AND RECIPROCAL EASEMENT AGREEMENT THIS AMENDMENT is made and entered into this 7th day of March 1991, between HOME DEPOT U.S.A.. INC., a Delaware corporation (hereinafter "HD "), DAYTON HUDSON CORPORATION, a Minnesota corporat.ion (hereinafter "Target ") and CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership (hereinafter "Developer "). Recitals 1. Developer and Lechmere, Inc., predecessor -in- interest to Lechmere Realty Limited Partnership (hereinafter "LRLP ") previously entered into that certain Operation and Reciprocal Easement Agreement dated February 27, 1987, as amended by First Amendment dated April 28, 1988, Second Amendment dated oiuF/.�xp�r� January 11, 1989, by and among Lechmere, Inc., Developer and REC'7LCp Target, and Third Amendment dated July 27, 1990 (hereinafter M _. collectively the "REA ") for the construction and operation of ENT __ the parties' respective tracts of land in conjunction with Fcrs each other as integral parts of a retail shopping center J61rF _ complex known as Clearwater Collection Shopping Center P!C (hereinafter the "Shopping Center "). REV �2. LRLP succeeded to the interest of Lechmere. Inc. under the REA 70TA pursuant to an Assignment and Assumption Agreement dated Qh October 31, 1989. °4 3. HD simultaneously herewith has purchased the Lechmere Tract, and has succeeded to the interests of LRLP under the REA pursuant to an Assignment and Assumption Agreement of even date. 4. HD simultaneously herewith has purchased a portion of the Developer Tract consisting of approximately Forty -Seven Hundredths (.47) acres. 5. HD intends to construct upon the Lechmere Tract and upon such portion of the Developer Tract a Home Depot retail store. 6. The parties hereto desire to amend the REA as provided herein. V • N 00 Ci N m o ° Agreement a .6i NOW, THEREFORE, in consideration of the premises contained cio>, a herein and other good and valuable consideration, the receipt and .+A x a sufficiency of which are :hereby acknoriledged, the parties hereto ►..a a.Cn agree as follows: an. wo N w`' 1. The REA is hereby amended by substituting the word "HD" in N i lieu and in place of the word "Lechmere" wherever said word appears in the REA, The words "HD Tract" are hereby substituted in lieu and in place of the words "Lechmere Tract" `w wherever said words appear in the REA._ Hereinafter HD shall abe a party to the REA. 2. Any provision of the REA requiring consent or approval of "Lechmere" or notice to 'Lechmere" shall be deemed throughout to refer to approval by and notice to "HD" and "Target" and "Target" is hereby specifically added as a party with respect to Sections 2.1(iii)(d), 3.1(D), 5.1(F) and 5.3(A) of the REA. 3. The exhibits attached hereto and by this reference made a part hereof shall substitute and replace those exhibits in the REA hereinafter specified. All references in the REA to Exhibit A or Exhibit A -1 shall refer to Exhibit A -2 attached hereto. All references in the REA to Exhibit 8 or Exhibit B -1 shall refer to Exhibit a -2 attached hereto. All references in the REA to Exhibit D or Exhibit D-1 shall refer to Exhibit 0-2 RETURN TO: (55w) JOHNSON, BLAKELY. POPE. BOKOR. RUPPEL & BURNS, PA KARLEEN F. DEBLAKER, C ERK Post Office Box 1368 RECORD VERIFIED BY: Clearwater, FL 34617 -1368 PINELLAS COUNTY FLA. OFF.REC.BK 7541 PO 850 attached hereto. All references in the REA to Exhibit X or Exhibit X -1 shall refer to Exhibit X -2 attached hereto. All other exhibits in the-REA shall remain unchanged and shall not be amended hereby. 4. Section 3.2(E)(a) of the REA is heret:y amended by deleting the words "five (5.0)" contained in the first tine of said Section and substituting in lieu thereof the words "Three and Forty -Three Hundredths (3.43) ". The patties hereto acknowledge and third parties are hereby put on notice that separate agreements exist with regard to matters described in Section 4.2(D)(cc) of the REA. 6. Section 5.1(A) of the REA is hereby amended by adding the following after item (xx): "(xxi) Any adult bookstore or otherwise for the sale and display of pornographic materials (which shall not refer to so- called "sophisticated titles" such as Playboy, Penthouse or Oui sold in connection with other magazines of general and specialized interest); game room containing more than three (3) electronic games; or off -track betting parlor." 7. The REA is hereby amended by adding the following subsection (B) to Section 5.1: "(B) No portion of the Developer Tract may be used for a home improvement center or for the sale of hardware items, tools, paint, wallpaper, ceiling fans, gardening supplies, nursery products, patio furniture and pool supplies and other related items customarily carried by a home improvement center except for the incidental sale of such items. Notwithstanding the foregoing, the sale or use of less than 2,000 square feet by any occupant(s)for the sale of paint, wallpaper, patio furniture, pool supplies or ceiling fans in the aggregate shall not be dtemed to constitute a violation hereof." B. Section 5.2(A) of the REA is hereby amended by deleting the s•ords "10 :00 p.m." in line four of said Section and - substituting in lieu thereof the words "11:00 p.m.'. 9.. Section 5.2(B) of the REA is hereby amended by deleting the period at the end of the third sentence of such Section and adding the following: which cost shall be shared on a pro -rata square footage basis with any other occupant which remains open during such additional hours." 10. "(C) Any facilities and fixtures to be used in the lighting of the roadways or parking areas of the Shopping Center shall be constructed in accordance with specifications mutually agreed upon by each Patty hereto. The Shopping Center's lighting facilities and fixtures shall be designed and installed with separate meters to measure the electricity consumed on the respective Tracts. The meters and lighting control switches for the exterior parking and roadway lighting for each Tract shall be located in an exterior, accessible location on each Tract and each Party hereto and any occupant occiepying more than 30,000 square feet of Floor Area shall be provided with keys to such controls; provided, however, that the use of lighting on another party's tract shall be subject to the provisions of subsection (B) of this Section 5.2 with regard to,payment for extra -hours lighting. The provisions of this subsection (C) shall not be applicable to the Developer Tract shown on Exhibit B -2 attached hereto." 10. (A) The Third Amendment to an Operational and Reciprocal Easement Agreement attached hereto as Exhibit "Y" is hereby incorporated herein by reference. -2- PINELLAS COUNTY FLA. OFF.REC.BK 7541 PG 851 11. Section 5.3 of the REA is hereby amended by adding the following subsection (D): (D) Developer heretofore has erected on the Developer Tract along U.S. Highway 19 a dual pylon sign ('Pylon al "), and an additional pylon sign has been erected along Drew Street (S.R. 590) ("Pylon #2 "), all as depicted on the Site Plan (collectively 'the Pylons"). As to Pylon pl, the parties hereto agree that: !i) Target shall be entitled to affix its sign on the outboard panel of the north face of the Pylon and upon the inboard panel of the south face of the Pylon; (ii) HD shall be entitled to affix its sign on the outboard panel of the south face of the Pylon, and upon the inboard panel of the north face of the Pylon. As to Pylon A2, Target and HD shall each be entitled to.affix its sign on one -half of the :ylon, the positioning of such signs to be determined by Target and HD. No other tenants occupying space in the Shopping Center shall be entitled to affix their signs to the Pylons. Each of HD and Target shall install its signs on the Pylons at each such party's sole cost and expense. Developer shall maintain and repair the Pylons and illuminate all signs thereon as part of the Common Area pursuant to Section 4.2 hereof, the cost of which shall be shared equally between HD and Target. 12. Section 6.1(8) of the REA is hereby amended by deleting the period after the last sentence of said Section and adding the following: "at a rate provided in Section 6.2 hereof. Any such claim for reimbursement, together with interest thereon as aforesaid, shall be secured by a lien on the Tract and improvements thereon owned by the Defaulting Party, which lien shall be effective upon the recording of a notice thereof in the Office of the Clerk or Registrar of the County in which the Shopping Center is located. The lien shall be subordinate to any first mortgage or deed of trust now or hereafter affecting the subject Tract recorded prior to the recording of such lien (a 'First Mortgage ") and to the interest of any party who has purchased the Tract by deed recorded prior to the recording of such lien and leased it back to the preceding Party, or its subsidiary or affiliate, on a net lease basis with the lessee assuming all obligations thereunder in what is commonly referred to as a "sale leaseback' transaction (a "SL Lease'); and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any such First Mortgage or assignee of such SL Lease shall take title subject only to liens thereafter accruing pursuant to this Section 6.01." 13. Section 6.4 of the REA is hereby amended by adding the following: HD: Home Depot U.S.A., Inc. 2727 Paces Ferry Road Atlanta, Georgia 30339 Attn: Legal Department with a copy to: Altman, Kritzer & Levick, P.C. 6400 Powers Ferry Road, Suite 224 Atlanta, Georgia 30339 Attn: Mark J. Levick, Esq. 14. Section 8.3 of the REA is hereby amended by deleting the words "one hundred eighty (180)" in line six of said Section, and substituting in lieu thereof the words "two hundred seventy (270)'. 15. Section 9.3 of the REA is hereby amended by deleting the last sentence of said Section. o��:� -3- PINELLAS COUNTY FLA. OFF.REC.BK 7541 PO 852 16. The REA is hereby amended by adding the following as Section 9.5: 19.5 MRLLgA2e Subordination. Any mortgage or deed of trust affecting any portion of the Shopping Center shall at all times be subject and subordinate to the terms of this Agreement, except to the extent expressly otherwise provided herein, and any party foreclosing any such mortgage or deed of trust, or acquiring title by deed in lieu of foreclosure or trustee's sale shall acquire title subject to all of the terms and provisions of this Agreement. Each party hereto represents and warrants to the other parties that there is no presently existing mortgage or deed of trust lien on its Tract, other than mortgage or deed of trust liens that are subordinate to the lien of this Agreement." 17. Each of the parties hereto agrees that all notices to, or consents and approvals from such parties as are required to be given or received pursuant to the REA with respect to (i) HD's ownership and operation of the HD Tract and all construction in connection therewith as described in HD•s site engineering plans prepared by Cumbey & Fair, Inc., Job No. 3348, Sheets 1 through 4, and (ii) the naming of HD as a party to the REA have been given or received as the case may be. 18. Each of the parties hereto agrees that Developer is hereby absolved and released from any liability or obligation in connection with the REA relating to the portion of the HD Tract formerly owned by it arising from and after the date hereof. 19. HD agrees that, during the initial construction of the building to be constructed on the HD Tract, construction traffic access to the HD Tract shall be limited to the entrance on Old Coachman Road and shall not travel over the bridge connecting the Shopping Center to U.S. Highway 19. Subject to Section 6.12 of the REA, HD agrees that the building to be constructed on the HD Tract shall be substantially completed within one (1) year after HD's commencement of construction. 20. The parties hereto agree that HD's staging area shall be located in the area designated on Exhibit X -2 attached hereto. 21. The final Building Plans and Specifications will be delivered by HD to the other parties within two (2) weeks from the execution date of this Amendment. Approval of-the Building Plans, as required by the terms of the REA, as amended, shall not be unreasonably withheld or delayed. If no objection to the Building Plans is raised within ten (10) days of receipt thereof, the Building Plans shall be deemed to have been approved by the parties hereto. In any event, the Building Plans shall be deemed to be approved so long as they conform to the approved site engineering plans and all applicable building codes and ordinances and so long as the exterior appearance of the Home Depot building is substantially the same as the appearance of the existing buildings. 22. Except as otherwise defined herein, all defined terms used herein shall have the same meaning as provided in the REA. 23. Except as expressly modified herein, the REA shall remain in full force and effect and shall not be modified. 24. This Amendment may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 25. This Amendn.ant shall be governed by and construed in accordance with the laws of the State of Florida. 26. Time is of the essence of this Amendment. 01421 -4- PINELLAS COUNTY FLA. OFF.REC.BK 7541 PG 853 IN WITNESS WHEREOF, the parties hereto having signed and sealed this Amendment as of the date first above written. STATE OF MINNESOTA• COUNTY OF r,®r�,uooicJ TARGET: DAYTON HUDSON CORPORATION, Minnesota corporation By: • kci D. rentme Its- v 5+. Y,n A*%%W i Target SfO/Y' Attest: . Its: (CORPORATE SEALY The foregoing instrument was acknowledged before me this 777t day of ,nosy , 1991, by -yAerre .O. F7x�ic� 1{ and u jtA4, 9,m p, .Sliac as .✓ c sroees, Roy ✓�siD.CJ and .9ssisrr�r se�x+s�iocy respectively of DA ON HUDSON CORPORATION, a Minnesota corporation, on behalf of said corporation. 004 LINDA JO►Wgpp pi n► w 0--A OV or"M 1,V (NOTARY SEAL) 4 a 1421 ��(46 NOTARY PUBLIC My Comma s' n Expires: PINELLAS COUNTY FLA. OFF.REC.BK 7541 PO 854 IN WITNESS WHEREOF, the parties hereto having signed and sealed this Amendment as of the date first above written. Wi ess, i .ss j STATE OF FLORIDA: COUNTY OF P. r.. I IE � DEVELOPER: CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership Hy: Sembler Equities, Inc., a Florida corporation, its sole General Partner By: Its; ' Attest:_ i Its '. ...... (CORPORATE SEAL) ... The foregoing instrument was acknowledged before me this day of 6 , 1931, by C r,.., N Sher and 13 P - 4> ; •...r,�r__ __as -s -;& I and _ •, ,..�.�. respectively of SEMBLER EQUITIES, INC., a Florida corporation, the sole General Partner of Clearwater Collection Associates, Ltd., a Florida limited partnership, on behalf of said corporation and partnership. NOTAR,YJUBLI +Expes; (NOTARY SEAL) My Commissio !•r 9 1.31 ROTARY FROLIC. STATE Oi RO *014 AT LARGE MY COMMISSION UPrRES SEPT. 06: 1992 000E0 TNRN AOENTS NOTARYRRORERAOE v .` s1 !•r 9 1.31 ROTARY FROLIC. STATE Oi RO *014 AT LARGE MY COMMISSION UPrRES SEPT. 06: 1992 000E0 TNRN AOENTS NOTARYRRORERAOE PINELLAS COUNTY FLA. OFF.REC.BK 7541 PG 855 IN WITNESS WHEREOF, the pt't:ies hereto having signed and sealed this Amendment as of the date first above written. HD: HOME DEPOT U.S.A., INC., a Delaware corpora ion By. I t V1 resi •en - fitness (CORPORATE SEAL) �. STATE OF GEORGIA: COUNTY OF COBS: The foregoing instrument was acknowledged before me this 614 day of , 1991, by LAWRENCE A. SMITH, Vice President - Legal of HOME DEPOT U.S.A., INC., a Delaware corporation, on behalf of said corporation. Notary Public My Commission expires: ( NOTARY SEAL) -- pq puWle Fulton County. Gear& My Comruaswn Exp roa Jan 01421 EXHIBIT A -2 HOME DEPOT TRACT PINELLAS OFF.REC.BK Lot 1, THE CLEARWATER COLLECTION SECOND REPLAT, according to Plat thereof, as recorded in Plat Book 107 , Pages 24 & 25, Records of Pinellas County, Florida. EXHIBIT B -2 DEVELOPER TRACT PINELLAS COUNTY FLA. OFF.REC.BK 7541 PG 857 Lots 2 and 3, THE CLEARWATER COLLECTION SECOND REPLAT, according the Plat thereof recorded in Plat Book 107 Pages 24 625, Public Records of Pinellas County, Florida. PINELLAS COUNTY FLA. OFF.REC.gK 7541 PG 858 EKHISIT D -2 DAYTON HUDSON TRACT Lot 4, THE CLEARWATER COLLECTION SECOND REPLAT, according to the Plat thereof recorded in Plat Book 107 Pages 24 9,25, Public Records of Pinellas County, Florida. o:3-`h "iSS 16:44:26 31 - 'GTAL: $51.00 r+ELn AMT. !90EREG: $51.00 UHANGE: $0.00 PINELLAS COUNTY FLA. OFF.REC.AK 7541 PG 859 t•t / • r/ . . •, , I F - ,, 1 11 1`• 1" 1 I€' �;t r• ! 1 1; i �I 1 fi ! € II � -I { I � 11'l ., .., f 11. � .l I 1 1 ,' 1.11,1 � � HE yi, I: r' ' '' 1 1 1' Ir i 1`- irr ► tfl;1 ill Il' li. �I ' I.I , t r •1 I ,� � 1 i'I'I I € ill € :.I l ! Il €' 1 • ,•r �l , f'. It Iff! 4 •11 1 •, j ,fl ,- €: 1 f II;1 • 11- Ilrr t fl I t�i4�l n ,,f , 1, t 1 Ilr i,r 1 11 tl t• �. 1 ,j 1, II 1 ,. ' 1 11,1 sFIF !.�' I!� j.',;r ,I : ili qi I' PI, = yl �I � I I ' I�r I! •1 ,! II e ' 1 1 1 1 1 will" l F f Ii pir,. r ,,1 - f o 1p ff M a w !a J!BIT x M��K irilST # 97- 094991 p �r 1997 9:56AM t% PINELLAS COUNTY FLA. }% OFF.REC.SK 9664 PG 451 of I IA W ,lax: i' . 'S AMENDWNT TO +�I:c: so OPERATION`�AN RECIPROCAL EASEMENT AGREEMENT N I N7 .l a THIS AMEN6� -14T is made and entered into this ,�U day of u.4 C 1997, between HOME DEPOT'U:S.A., INC., a Delaware corporation (hereinafter "HD "), DAYTON tl;v '— HUDSON CORPORATION, a Minnesota corporation (hereinafter "Target ") and CLEARWATER'�()G UCTION ASSOCIATES, LTD., a Florida limited partnership (hereinafter 7z,,��- „Developer:').,''. s RECITA c �j -` t veloper and Lechmere, Inc., predecessor -in- interest to Lechmere Realty Limited Partn4rsli (he einafter "LRLP ") previously entered into that certain Operation and Reciprocal Easec%ent;lgr6ement dated February 27, 1987, as amended by First Amendment dated April 28, ! 190,". gcohd Amendment dated January 11, 1989, by and among Lechmere, Inc., Developer and i Tj(;gLit rd Amendment dated July 27, 1990, and Fourth Amendment between HD, Target and Devloper dated March 7, 1991 (hereinafter collectively the "REA ') for the construction and ;'oeiatidn of the parties' respective tracts of land in conjunction with each other as integral parts i n €.1 tail shopping center complex known as Clearwater Collection Shopping Center (hereinafter ..o pin Center"). ,• . �., ` °i"" 2. LRLP succeeded to the interest of Lechmere, Inc. under the REA pursuant to an :'Assignment and Assumption Agreement dated October 31, 1989. 3. HD purchased the Lechmere Tract and a portion of the Developer Tract (now, collectively, the "HD Tract "), and has succeeded to the interest of LRLP under the REA pursuant to an Assignment and Assumption Agreement. , 4. HD has constructed upon the HD Tract a Home Depot retail store. 5. HD has been granted a conditional use permit by the city of Clearwater, Florida to allow for certain outdoor storage display areas, outdoor storage areas and removal of certain ? parking spaces on the HD Tract and HD desires to amend the REA to obtain the consent of the other parties to the REA to the matters contained in such conditional use permit. AGREEMENT s NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: s I. Each of the parties hereto agrees that, notwithstanding anything contained in the REA to the contrary, HD shall be pennitted to use the "storage display area" in the areas S jworyeamt��,wvsnn�e 1 i 0; 7,7 s I d z • c 5 PINELLAS COUNTY FLA. ..: I OFF . REC . BK 9664 PG 452 indicated on ' ' ' attached hereto and made a part hereof for purposes of product display and seasonal sales. 2. Each of tfig..isilt3s hereto agrees that notwithstanding anything contained in the REA to the contrary, 9,D`sh 0e permitted to use the "outdoor storage and display areas" in the areas indicated on E ' ` . 'for purposes of storage of invento and other mat 'al 3. REA to the total of fort 4, same m remain several one 6k `i :T *j 9. s. Ea&ofttie parties hereto agrees that, notwithstanding anything contained in the ontrary,.,ID� may, in order to provide for such outdoor storage areas, eliminate a fi o {d5 }. arking spaces from the areas indicated on Exhibit 'W' ri r4t as otherwise defined herein, all defined terms used herein shall have the s *provided in the REA. Except as expressly modified herein, the REA shall 'Poke and efi'ect and shall not be modified. This Amendment may be executed in erparts, each constituting a duplicate original, but all such counterparts constituting une agreement. This Amendment shall be governed by and construed in accordance of the State of Florida. Time is of the essence of this Amendment. JWlyd k nwrlfi thA= (SIGNATURES BEGIN ON NEXT PAGE) K i i i i PINELLAS COUNTY FLA. OFF- REC.BK 9664 PG 453 IN WITNESS WIiERI~OF,.,itie parties hereto have signed and sealed this Amendment as of the date first above written,` TARGET: DAYTON HUDSON CORPORATION, (CORPORATE SEAL) r, STA OF MINNESOTA: COpN.'Y of /4ENiNE. PiiJ The foregoing instrument was acknowledged before me this /D 'fday of 1 7; by Ei "r-dT. Qierni", and --- as 2 P � ' e ��v�z5 ana,' respectively of DAYTON HUDSON CORPORATION, a AQ ;esota corporation, on behalf of said corpo tion KARLA K. KIUAN RY NOTA PUBUO -MIMM4 tr► NOTARY PUBLIC s j waiotrtcoM MY ComoMM Who Ja 81 IN Y • a (NOTARY SEAL) My Commission Expires: Jepotyeatelarmeaaheme 3 •i, 1 I I I i f ": •X•� �t PINELLAS COUNTY FLA. i OFF.REC.BK 9664 PG 454 IN WITNESS Wi�ER�41"s the parties hereto have signed and sealed this Amendment as of the date first above w f igihi J DEVELOPER: STATE OF FLORIDA: COUNTY OF 1gned &$ CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership ET/ .y1w, J`-J, 7.� By: Sembler Egaities,4m , a Florida corporation, its sole General Partner Its: Attest: Its: V. Sic (CORPORATE SEAL) The foregoing instrument was acknowledged before me this « day of r.E�,ru o r 1997, by as Sens o r2 s respectively of SEMBLER j INC., a Florida corporation, the sole General Partner of Clearwater Collection Assocra es a Florida limited partnership, on behalf of said corporation and partnership. � n , NOT PUBLIC (NOTARY SEAL) jipONjeablunwVVLU= My Commission Expires: U •FICIALNOTARY SEAL TERESA A SMITH Nl7TARY PUBLIC STATE OF FIARIDA COMMISSION NO. CC6126M 149) 0 PINELLAS COUNTY FLA. OFF. REC. 8 K 9664 PG 455 IN WITNESS WHER*0,F,, the parties hereto have signed and sealed this Amendment as of the date first above writte"11K . ..... HOME DEPOT U.S,A,, INC., Delaware corp r ti 77 y: r 4z, I Wiffie Its: A. M;T vitot FRESIDENT-LEGAL (CORPORATE SEAL) Witne -ah 7—, 11M A j GEORGIA I.C,qUNTY OF COBB The foregoing instrument was acknowledged before me this �L- day of rt1h,uct4,( 1,99/7, b y W''.4 - 4C-1, 73 jo rHONM DEPOT U.S.A., INC., aDelawue corporation, on behalf of said corporation. io '2A -' 7 , r NOTARY PUBLIC N*Wy Pubile, Cobb Coxity, Geor* My Commission Expire (NOTARY SEAL) 6. jAP011jeakleawtArdumm :S r `4 PINELLAS COUNTY FLA. OFF. REC. BK 9664 PG 456 The undersigned, Barns i(Aarilc, N.A., successor by merger to Barnett Bank of Pinellas County, as Assignee of Bargettd3at'kl6f Tampa, formerly known as First Florida Bank, N.A., as Lender under that certal LZjonpwal and Mortgage Modification Agreement recorded as Instrument #95- 286044 d. pellars County, Florida Official Record Book 9160, Page 1431 which encumbers a pd.00n) of the Shopping Center, hereby consents to the within and foregoing Amendment. Signed, sealed and' the presence o�- ; in WILLIAIA Vti BARNETT BANK, N.A., a national banking association By: t? Name TAHCS (I. �Id51>u Title: 1-,,EU FDA VICE ST��1'E OF FLORIDA "COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this& Sfday of M zc -/) �. -199 7 by J (-1 M e s C GI g S Cl as s� P. ; v1 a L. A . s � iU a n: / of BARNETT BANK, N.A., a national banking association. Notary is Print Name: RITA 1. GREENWOOD < _Personally Known OR Produced Identification Type of Identification Produced My Commission expires: TA J. MRAVOOD MY ODIMigVAR / V. 2MD �17b� aa�s: wld, sr. a�oo Baled Ihu rbYry PIBee ud.wln japolyefularWTIM IS Te PINELLAS COUNTY FLA. OFF.REC.BK 9664 PG 457 .1 J. P-..L-LJ L I FROM 1NOME DEPOT L£GF1L AEPT 11.q 801 8932 199 ?,04 -03 16149 0893 12-03/03 m n u +-at 1a.uv ftuA:W�M11A11CNLlp LARV 614 RAIIUNAL 811D99dB1t 1 -t�f P -02/Dt Job -it? 1 ; pRECLLAS OFF COUNTY FLA. . BI( 9664 PG 488 April ` 1997 i "MJJ h.•'f .in aannecti ,,wit the recordation of the Fifth Amendment sa Operation and 1 Reciprocal Eeseme�t`apreament dated March 27, 1997 for the Clearwater, + County, Florida store, the undersigned hereby authorizes Commonwealth LandnTitle ' Insurance Corr ony"to complete end execute the Florida (]e1partment of Revenue form t7i3.219 -RF1" dnib bi TRANSFERS OF IN-F RgST.IN REAL PROPERTY" as agent of and on behoif - OME DEPOT U.S.A., Inc. i Home dip U.S.A., Inc. i WA. tovd' Camd - JW Soft 111111@ REPRINT STARTS @ 11 01@@ KARLEEN F DE STAY INELLAS ER CLERK OF COURT _P_ COUNTY, FLOkIOA 3C071398 NDP�----- - - - ° -` 11 3010 - 01-07 -1997 - 09152:17 ► ERS- DAYTONOHUD I RCORP ECORDING 1 $37.50 i CHARGE AhOUNTTOtRLa 3 7. 537, 50 50 I - ------ - -__�. ! _ THANK You VERY p -- `- _ - t HE%T RECEIPT N IS ' -.� 3C477399 - -- 8@@@@@@ REPRINT ENDS HERE AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92) (WITH FLOR[DA MODIFICATIONS) Policy No. 7210609- 198511 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE -B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land: The Company.will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Pblicy. . shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. 2700 Suntrtut Financial Centre 401 East Jackson Street Tampa, FL 33602 . (813)221 -8027 Reorder Form No. 8218. (Reprinted 10/00) CHICAGO TITLE INSURANCE COMPANY By. (1�w 1— Pro"M ATTEST C� —_e �?7 Seembry ALTA Owner's Policy (10- 17 -92) nth Florida Modifications) EXCLUSIONS FROM COVERAGE The following matters an sxprssely excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' toes or etperaes which arise by rnson of: 1. (a) Any law, ordinance or geverrrnerrW ngulatlonrprrdtrdirq but not limited to building and wording laws, ordinances, or nrauatlom) resMctlrq, ntedatlr , prshlbidn0 or nlatlrq to M the occupancy, use, or etr)oynrrerrt N the ; (IQ the alrNaCtst, �InNnalorr or sailor of any improvement now or hereafter enacted on the land; (Uq a a�anetiorr In ownership or a change In the dimensions or are of the land or +err► parole of which the land le or was a part; or (hr) emrironnental protection, or the attest of airy violation of theoo laws, ordhparces or govermnsrrtsl rsguffatlorrs, except b tee extent that s notice of the enforcement thereof or • notice of a detect, lien or errcrmrrbranca naultlrrg Mom a violation or alleged violation aMecting the laird hM been rsoordpeodsl�nsrthe puhlk recoils at Date of Polity. ro) tier.of a s 6 std A P t, p n or ei cumbrenc(i� srrqq tram o tevioledon�or alloged vi Am oftafthwe olation affecting the laird ha boon recorded in the public raoords nt &i; of Ncy, Z. R10ftateniftwddomain unless notice of the exercla thersot hoe been recorded In the pubft rsoords st Dab of but not excluding from coverage any taking which has occurred prior to Dab of PoNcy which Would be binding on the rights of a purchaser for value without knowledge. 8. Defects, Nara, encumbrances, adverse clalms or other matters: (a) created, wifored, assumed or agreed to by the Insured ch*n *, (b) not knosm to the Compaq, not recorded In the public records at Dab of f WIM but known to the Insured clainuM and not dlsAMoa In writing to the Company by the Insured eialmont prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or areatsd subsequent to Date of Polier, or (a) resulting enl Insured � have been sustained It the Insured claimant had paid value for 4. Any claim, which arlaa out of the transaction ves" In the Insured the eslab or Misted insured by tlds poleax by reason of the operation of federal bndsrupt* stab Insolvency, or almNv credUors' rights laws, do le based on: (1) the tnnsaetion creating the es- I or intat insured by tide pocky being deemed a fraudulent oonveyanos or fraudulent bwWW, or (11) the transaction creating the esbrb or Interest Insured by this policy being doomed a prefersntiel. transfer except where the prstmontial borate► results from the failure: (a) to timely record the instrument of transfer; or (b) of ouch rscondatlon te impa4 rrotke to a prmehseer for value or a Judgment or Nan creditor. 200404881 OWNERS FORM CHICAGO TITLE INSURANCE COMPANY SCHEDULEA OFFICE FILE NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 30335 -628 7210609- 198511 April 29, 2005 $6,415,000.00 at 9:19 AM 1. Name of Insured: Inland Southeast Clearwater Development, L.L.C., a Delaware limited liability company 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple and Easement 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: NONE and the mortgages or trust deeds, if any, shown in Schedule B hereof: 5. The land referred to in this Policy is described as follows: SEE EXHIBIT'A' This Policy valid only if Schedule B is attached. OWNA 5/99 SB OWNERS FORM CHICAGO TITLE INSURANCE COMPANY EXHIBIT "A" 5. The land referred to in this Policy is described as follows: Parcel 1 Lot 4, THE CLEARWATER COLLECTION SECOND REPLAT, a subdivision according to the plat thereof recorded in Plat Book 107, page 24 of the public records of Pinellas County, Florida, less and except those portions thereof conveyed, taken or used for U.S. Highway 19. Parcel 2 Non - exclusive easements for the benefit of Parcel 1, as reserved in Deed recorded in Official Records Book 1479, page 95, and as created by that certain Easement Agreement dated November 19,1986, which is attached as Exhibit "A" to Assignment recorded in Official Records Book 7319, page 993, of the public records of Pinellas County, Florida, as affected by said assignment, for the purposes set forth therein, over and across the lands set forth therein. Parcel 3 Non - exclusive easements for the benefit of Parcel 1, as created by that certain Parking and Driveway Easement recorded in Official Records Book 6440, page 2002, as amended in Official Records Book 6735, page 212, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across the lands set forth therein, less and except those portions thereof conveyed, taken or used for U.S. Highway 19. Parcel 4 Non - exclusive easements for the benefit of Parcels 1 and 6, as created by that certain Operation and Reciprocal Easement Agreement recorded in Official Records Book 6440, page 2013, as amended in Official Records Book 6735, page 217, in Official Records Book 6921, page 129, in Official Records Book 7541, page 849, in Official Records Book 7561, page 2125 and in Official Records Book 9664, page 451, together with that certain Covenants, Restrictions, Grant of Easements and Modification of Clearwater Commons Shopping Center Operation and Reciprocal Easement Agreement recorded in Official Records Book 12196, page 391, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across the lands set forth therein, less and except those portions conveyed, taken or used for U.S. Highway 19. Parcel 5 Non - exclusive easements for the benefit of Parcel 1, as created by that certain Drainage Easement Agreement recorded in Official Records Book 6618, page 2190, as affected by instruments recorded in Official Records Book 8629, page 152 and in Official Records Book 8681, page 394, of the public records of Pinellas County, Florida, for the purposes set forth therein, over and across the lands set forth therein, less and except those portions conveyed, taken or used for U.S. Highway 19. Parcel 6 Lots 2 and 3, THE CLEARWATER COLLECTION SECOND REPLAT, according to plat thereof recorded in Plat Book 107, pages 24 and 25, of the public records of Pinellas County, Florida, LESS AND EXCEPT road right -of -way for U.S. Highway 19, abutting said parcel on the East. OWNas 6/99 SB OWNERS FORM CHICAGO TITLE INSURANCE COMPANY SCHEDULE B Policy Number: 7210609- 198511 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements or claims of easements not shown by the public records. 4. Any lien, or right to a lien, for services, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A, if this schedule is attached to an Owner's Policy. 6. Any claim that any portion of said lands are sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands and lands accreted to such lands. 7. Taxes and assessments for the year 2005 and subsequent years, not yet due and payable. 8. Rights of tnenats, as tenants only, under written but unrecorded Leases. (As to Parcel 6) 9. Terms and provisions of the easement reserved in Deed recorded in Official Records Book 1479, page 95 and the Easement Agreement dated November 19,1986, which is attached as Exhibit "A" to Assignment recorded in Official Records Book 7319, page 993, of the public records of Pinellas County, Florida, as affected by said Assignment. (as to Parcel 2) 10. Drainage Easement recorded in Official Records Book 1657, page 679, of the public records of Pinellas County, Florida. (as to Parcel 5) 11. Easement(s) granted to Pinellas County, recorded in Official Records Book 1688, page 353, of the public records of Pinellas County, Florida. (as to Parcel 2) 12. Easement recorded in Official Records Book 3722, page 712, of the public records of Pinellas County, Florida. (as to Parcel 5) 13. Easement(s) granted to Pinellas County, recorded March 2,1973, in Official Records Book 3999, page 760, and amended by Amendment to Drainage Easement recorded October 1, 1987, in Official Records Book 6592, page 1481, of the public records of Pinellas County, Florida. 14. Easement(s) granted to Pinellas County, recorded March 2,1973, in Official Records Book 3999, page 762, of the public records of Pinellas County, Florida. 15. Terms and conditions of Interlocal Agreement recorded February 12,1987, in Official Records Book 6426, page 398, of the public records of Pinellas County, Florida. 16. Terms and conditions of Parking and Driveway Easement recorded March 5, 1987, in Official Records Book 6440, page 2002, and as amended by instrument recorded in Official Records Book 6735, page 212, of the public NOTE: If this schedule is attached to a Loan Policy, Junior and subordinate matters, if any, are not reflected herein. NOTE: This policy consists of insert pages labeled Schedule A and B. This Policy is of no force and effect unless both pages are included along with any added pages incorporated by reference. OWNS 5/99 SB OWNERS FORM CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) Policy Number: 7210609- 198511 records of Pinellas County, Florida. 17. Terms and conditions of Operation and Reciprocal Easement Agreement recorded March 5, 1987, in Official Records Book 6440, page 2013, together with Amendments recorded in Official Records Book 6735, page 217, Official Records Book 6921, page 129, Official Records Book 7541, page 849, Official Records Book 7561, page 2125, Official Records Book 9664, page 451 and Official Records Book 12196, page 391, of the public records of Pinellas County, Florida. 18. Easement(s) granted to Florida Power Corporation, recorded in Official Records Book 6504, page 1405, together with Subordination Agreements recorded in Official Records Book 8813, page 1298, Official Records Book 8813, page 1310, Official Records Book 8835, page 951, Official Records Book 8835, page 955, Official Records Book 8835, page 959 and Official Records Book 9156, page 1563, of the public records of Pinellas County, Florida. 19. Easement(s) granted to The City of Clearwater, recorded in Official Records Book 6605, page 82, together with Subordination Agreements recorded in Official Records Book 8698, page 1153, Official Records Book 8698, page 1157 and Official Records Book 8813, page 1278, of the public records of Pinellas County, Florida. 20. Easement(s) granted to The City of Clearwater, recorded in Official Records Book 6605, page 84, together with Subordination Agreement recorded in Official Records Book 8698, page 1126, Official Records Book 8698, page 1153 and Official Records Book 8698, page 1157, of the public records of Pinellas County, Florida. 21. Easement(s) granted to The City of Clearwater, recorded October 20,1997, in Official Records Book 6605, page 86, of the public records of Pinellas County, Florida. 22. Terms and conditions of Declaration of Restrictions recorded November 5,1987, in Official Records Book 6616, page 1104, of the public records of Pinellas County, Florida. (as to Parcel 4) 23. Terms and conditions of Drainage Easement Agreement recorded November 10, 1987, in Official Records Book 6618, page 2190, as affected by instruments recorded in Official Records Book 8629, page 152 and Official Records Book 8681, page 394, of the public records of Pinellas County, Florida. 24. Easement(s) granted to Florida Power Corporation, recorded in Official Records Book 6640, page 448, together with Subordination Agreements recorded in Official Records Book 8813, page 1298, Official Records Book 8813, page 1310, Official Records Book 8835, page 951, Official Records Book 8835, page 955, Official Records Book 8835, page 959 and Official Records Book 9156, Page 1563, of the public records of Pinellas County, Florida. 25. Easement(s) granted to The City of Clearwater, recorded in Official Records Book 6698, page 907, together with Subordination Agreements recorded in Official Records Book 8698, page 1126, Official Records Book 8698, page 1153, Official Records Book 8698, page 1157 and Official Records Book 8813, page 1278, of the public records of Pinellas County, Florida. 26. Restrictions contained in Deed recorded in Official Records Book 6735, page 188, of the public records of Pinellas County, Florida. (as to Parcel 4) 27. Restrictions contained in Deed recorded in Official Records Book 6735, page 194, of the public records of Pinellas County, Florida. (as to Parcel 4) 28. Covenants, Conditions and Restrictions contained in Warranty Deeds recorded in Official Records Book 6735, page 200 and Official Records Book 6735, page 206, of the public records of Pinellas County, Florida. 29. Ingress /Egress Easement Agreement recorded in Official Records Book 7319, page 970, of the public records of Pinellas County, Florida. (as to Parcel 1) 30. Drainage Easement Agreement recorded in Official Records Book 7319, page 980, of the public records of OWNBC 5/99 SB OWNERS FORM CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) Policy Number: 7210609 - 198511 Pinellas County, Florida. (as to Parcel 1) 31. Structural Setback Agreement recorded in Official Records Book 7319, page 1009, of the public records of Pinellas County, Florida. (as to Parcel 1) 32. Declaration of Unity of Title recorded in Official Records Book 7540, page 2223, as partially released in Official Records Book 12196, page 508, of the public records of Pinellas County, Florida. 33. Permanent easements and takings of the right of direct access as set forth in instruments recorded in Official Records Book 10598, page 2406, in Official Records Book 10714, page 620, in Official Records Book 10714, page 624, in Official Records Book 10714, page 628, in Official Records Book 10741, page 2041, in Official Records Book 11704, page 1408 and in Official Records Book 11611, page 1495, of the public records of Pinellas County, Florida. 34. Permanent easements and takings of the right of direct access as set forth in instruments recorded in Official Records Book 10604, page 2207, in Official Records Book 10662, page 353 and in Official Records Book 10874, page 2276, of the public records of Pinellas County, Florida. 35. Restrictions contained in Deed recorded in Official Records Book 12196, page 479, of the public records of Pinellas County, Florida. (as to Parcel 4) 36. Development and Use Agreements of which a Memorandum of was recorded in Official Records Book 12196, page 509, as re- recorded in Official Records Book 12278, page 2145, of the public records of Pinellas County, Florida. (as to Parcel 4) 37. Easement Agreement recorded in Official Records Book 12294, page 1770, of the public records of Pinellas County, Florida. (as to Parcel 2) 38. Restrictions contained in Special Warranty Deed recorded in Official Records Book 14089, page 865, of the public records of Pinellas County, Florida. (as to Parcel 1) 39. Restrictions, conditions, reservations, easements and other matters contained on the Plat of The Clearwater Collection Second Replat, as recorded in Plat Book 107, page 24, of the public records of Pinellas County, Florida. NOTE: General Exceptions 1 through 5 and Special Exception Number 6 are hereby deleted. ned & Russell B. Soble OWNBC 5/99 SB End of Schedule B CONDITIONS AND STIPULATIONS 1. DEFIGTION OF TERMS The Mlowhig la when we used In this poky mean: (a) "insured"': the katrrsd named In Schedule A, and, subject to any r%M or deftnaft the Company would have had aping the named Insured, time who succeed to the Interest of the named Insured by operation of law as dkgngWdwd from purchase 1ncWM but not limited to, heirs, distribubmw devisese, survivors, personal represeniatives, nod of kin, or corporate or fiduciary (b) "Insured clalmard": an insured clair(ft Im or damap. (a) '1139YNledp" or "known": so" 11 1 1 tigs, not construaft knowl. edge or notbs which may in Impuled to an hmared by ream of the pubic records a dellned In this poky.or any other records which broad consVuc- tive notice of matters affecting the land,, (cQ'Isnd": the land ds6cd0@dor referred 1oInSc1*KIul9A, and Imprvvo- mania-M, 'therslo which.by low omMuM.res! property. The term 4.11, MI. does not Wckxb any property boviond the grift.of ft. aft descilmd or Maned 16 In Schedule A. nor any rW dft. Ifntsrsat, sikhft or eassaw in abutting dreft. made, avenues, &I"*, Imes, ways or waterways, but noth - kg herein shall modify or emit the eoctentb the land b In tured-by this policy. - (1041 ndipglors: mor�*deed , at tlri�w. Wei di6i4 or other security Instrument. M "public rsMds!`-'.s=d*1 established WKW soft statutes at Dft of Policy for Vw purpW of Impar" constructive . notice of realpivpartylopurche ra for valfa'and without Mm4sdV. With 19-MyOut 10 Section l(a"if the eWii"w:Ftom Cow mp. 'fP4t& soords!' shell also Include environmenial prolactim kne IIW In the records of Oft . clerk of the United Sides district court for the distrid Irt which do land Is locsftd,. (g) "unnsarkstablilly. of the Mb an. . a11111000 I* apparent m&W Affecting the lift to the larid, not excluded or excepted from coveralls, which would entitle a-purchaver of the seta1 or interest described In. Schedule A to be released irom the obillIam..to purchase by vita of a bontradw.condillon requiring the delivery of marlestable titre. 2. CONTINUATION 00 INMRANCIII AFTER CONVEYANCE 'OF TITLE The covemp of 96 poky shall continue In fame as of Dole of Poky In taw at an kwirad.only so " n the insured retains an aeft or Inlerest In the land. or holds an Indebtedness secured by a purchase money mwtpp gim byapurchaser from the Insured, oronlyso.bM as the 1 11 shelf how liability by resson of covermft of ► warrenly made by do Insured In any transfer or conveyance of the edw or interest. This policy shall not continues In force In favor of any purcheaw from the Insured of ~ (Q an satele or interest in the land. or QQ an hubblednew secured by a purchase money mortgage gears to the IneunkL S. NOTICE OF CLA161l TO BE, OMEN BY INSURED CLAMW0 The Insured did notify tins Company promptly In writing (1) In case of any Nfigdlon as ad forth In Section 4(a) belm (0) In cm knowledge shall a an inured harounder of any dalm of title or interest which is-advern ID the I m dft to ft edwor Interest, so Insured, and lose or darn- a .16rvv"tw . . I - be �� = P C'ornpanymay. h6le vidue XF=,orpolftmeto the pits or inleneat, cis lmqured. WOR-1 -A—M shal not be 0M %qw the V1M"WI to that 11111111011 to notice required, provided, g. notify ft Corhpimy dw In n6 case promice'the. Via of any insured under this pow, unless the Company dell be preMilced by the failure and am only to the extent of the 4. DEFENSE AND PROSECUTION OF ACTIOM; DUTY OF INSURED CLAIMANT TO' COOPERATE . (a) upon written request by the Insured and *u*d to ft options con- tained in Sections of these Conditions and Stipulations. the Company. at No own cost and without unreasonable Me% shall powMe for the defense of an Insured in Iftallonin whop try tided paq acerb acwm adverse oo tie title or Inbred = Insured, but only n lo those aided causes of action ~9 a dON49marawwnbmn000rWwMaWkWAsdagik*tvU*pky The Company shall haw the tight lo Solari counsel olftecholos (subject lotie ftM of the Insured to oWAdfor reasorRble cause) to the insuredes to those stated causes of action and shall not be ftb=atW will not pay the few of any other counsel. The Componymill not pay ON fees, cogs or expenses Incurred by the Insured In Ow Asia ws of III m causes of action which aftp matters not Insured against by this poN* . (b) Th a Company dog have On A^ at its own coat. lo InsIlluts and proe.cab any action or proceeding orb do any otter act which In Na opinion may be npossaWordeskable to odmbkh the M to the saftle or Interest, ft insured, or to prevent or reduce Ion or damage to the Insured. The Company may blue vmpdft action under the om of M policywhalwor not Itshallbe==, and Mall riot therebyao dedillabiglyorwalveany FWAslon of this policy. It the Company shall exercise ft Vft under this puftraph, it shell do so dillgentily. - (a) Whenever the Company shelf have brougM an action gr a delonsew *odorpwmM@dbyttwpmvWmofobpoki.dwCwnparrI may pursue snyllig 'I n tolinaldelerftnallonbira court olaw, jury Motion and ---- seell ► reserves the rW In ft sole discretion. 16 appal from any adverse jud ...I or order; (cQ In all cassewhers Oft poky permits or requires the Companyto prose- cu* or provide for the defend any action or proceedft the Insured shell secure lo On Company the right. to-so pose" or provide defense In do action or .' . I I and all i sals therein, and permit the Company to tMM, st-- oplon, the "GinaTho insured-for this purpose. ww~ the- the Company all reasonable aid ff edim ssmbv 9r F Mr,10 evldencteI 411minino --me- . oa _I�N ad which In the cesding, or ~iq'ssttferneri� and (p) In any, opinlonaftheCoMpiny*06ybe --------- w.. -111 thesslaborl '" lasirmfed.11the Is the insured d L Ulik mish the faq d dcoperatlora� the Cork ft Insured WNW the policy SN a ludingl 9 tion la defend, prosecute, or continue any or mallars Maddoli such cooperation:; - N. PhOOF OF LOU 00 DMIlhat lns * io&Waftrdo atic required Oder tione. 11W a hen been provided the Cor danarge sign -d and sworn 10 by tM man Company 00. ft* aft the kwAvd claimant gmrq rise to its kiss or darrap. The prod 61 Im i the dalic, In; or Ilan or encumbrance on ft dft, against by wls policy which constitutes ft basis of I soft, to ft want possible, ft bads of csk".ft damagip. If ft Corio" Is prokidiced by the failure prvAft the required Prod of-lon or damapi'll'110 C the Insured WxW the Policy. shi.N.. Induldl don to defend, POWAii*, Or ClOntinue any or matters raquKV such proof of loss or damage. In addition. the Insured claknent MM exanift under of *. by. IRV auo__."..jmmwV and doll produce for exerMnadon,.Inspecilon , and 4 able timies and of the Company„ a hed—A' checl or sit lead 'idive 10 this CampanK the drnaursd clef Mitten lords IMMY'.0roblip rd to #4 md* d#W"C&Kl- proof of loss or wrish6d6the ortaln."facts i shall describs matter Insured mile and.shell rd-of the l6asor o red, submit 11P 98;;.4 to d, the CORD" Ina, lhoped rd "copy SO rocor*, boolts. I-W%R and minwirila In the custody or 06" of at third damage �k_ . __ per ls1606104166i br� All am %FAIIFAW the insured cbYnsrtt prodded b the ' not hi ♦ di-ann -1 to c4vis imlesa, In ft isach" -d" Ceune ®rarT, It Is neciftary In the administration of ftL cWtnj Feelers 61", 6181040 to sub" for examination under o9h, flowligto oiler nriaeona1 requested Information or Want Pernniseion b secuary Vao#M%Vvy rnr any k*m mum from tided pwdnnmwwin the paragraph wwfAm*uoany NWIlly of the Company under this policy as to that claim. .•6.0110TIONS TO AW OR OTHERWISE SETTLE CLAM; MAMMON OF LIAOLM iaddn case of a claim under this pok y. the Company shall hen ft follo LIL, h itional o;ftm (A) Tic Pay arTender Payment ol the Amouttollin surer- me To pay or tandw payment of the amount of Ineuranc&L under this policy W99dwift am code, aftnew im and *)"row Incurred by the InInged ctalmant, which wwoaWhorindbyth@ Company, uoib#mdmotpwpmfor tender of payment and which the Company Is obligated to M. Upon theogre doebythboompanyofftsolption.amseftold abNpttlors loftlmndwdwth6MW.WwdmtDnWaftpninM tar miraft,.Inckaft any bbft or obilgallm 10 deftnif, prosec%ft. or 00n- linue any Miletion, and the policy shell be surrendersif 10 ft Company for (b) lb ft or Otheiralse Settle With Partbe Other than ft Insured or With " kwmw chonot. ILI�.nor o1hetwiss, aft with other parties for or In ft name of an inau .,...uaa"dabnkwW&g&oundwftspdW,ingolI v- wNhay co@Waftrw#V*fbawd ip-i-i�kwwvodby#wkwjroddeboMwddI woo a0mized by Me Company up to the time of payment and which the Company Is obligated to par. or M to pay orodwwln sob with the Insureddalment the bas or damage provided for under this policy, bgstlw with any code. aftneye few and openew incurred by the Insured claimant which were authorized by the Company up to go time of paymard and which the Company is 011111911111111 ft Pay. Upon the exercise by the Company of either of the options provided for in pauagraphb (bXQ or 00, the Company's obligations to the insured under this policy for the claimed loss or damage; other than the payments required to be made, shall terminate, including any liability or obligation to defend, prose- cuts or continue any litigation. Z DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy Is a contract of Indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described.. (a) The liability of the Company under this policy shall not exceed the least Of, (t) the Amount of Insurance stated in Schedule A; or; pl) the difference between the value of the insured estate or interest as insured•and the value of the Insured estate or interestsubject to the defect, lien or encumbrance Insured against by this: policy, . (b). This perWraph removed in Florlds pollcNs:> . (c) The Company will pay only those costs, attorneys' fees and expenses Incurred In accordance with Section 4'of these Conditions and Stipulations. S. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single ahe, and a lose Is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to data of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 8. LIMITATION OF LIABILITY.. (a) If the Company.establishes the this, or removes the alleged defect, lien or encumbrance, or cures the lack of a right otaccesa to or from the land, of cures. the claim of unmarketability o, title, all as insured, in a, reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or: damage caused thereby.. (b) In the event of any litigation, including litigation by the Company or with thwCompany's consent, the Company shall have no.lisbility for loss or dam- age until there has been a final determination by a court of competent jurisdio- lion, and disposition of all appeals therefrom, adverse to the title as insured: (c) The Company shall not be liable for loss or damage. to any Insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company: 10. REDUCTION OF INSURANCE;' REDUCTION' OR TERMINATION OF LIABILITY All payments under this policy except payments made for costs, attorneys' fees and.expenses, shall reduce the amount of the insurance pro canto. 11. LIABILITY NONCUMULATIVE It Is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy Insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject; .or which is hereafter exe- cuted;by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A; and the amount so paid shall be deemed a payment under this policy to the Insured owner. 12. PAYMENT OF.LOSS (a) No payment, shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 19. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest In the Company unaffected by any act of the Insured claimant. The Company shall tie aubrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been Issued. If requested by the Company, the Insured claimant shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogatioh. The Insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies: . If's payment on account of a claim does not Jully cover the loss of the Insured claimant, the Company shall be subrogated to these rights and reme- dies in the proportion which the Company's payment bears to the whole amount of the lost: If loss should result from any act of the insured claimant, as stated above, that act shall notvotd this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount; #Any, lost to the Company by reason of the impair- ment by the insured dalnhant of the Company's right of subrogation. (b) The Company's slights Against Nori4ribur6d Obligors. The Company's right of subrogation against non - insured obligom shall exist and shall include, without limitation, the rights of the.' Insured to indow nttles, guaranties, other policies of insurance or bonds, notwithstanding any terms or. conditions contained In thoeelnstruments which provide for subrogs- tion rights by reason of this policy. 14: ARBITRATION: Unless prohibited by applicable law, arbitration ppnuiant to the Tide Insurance Arbitration Rules of the American Arbitration Astoclatlon may be demanded Hagreed to by both the Company end the insured. Arbitra- ble mama may include, but ay.! not limited to, any controversy or claim betwesn the. Company and the insured arising out of or ro/ating to firs policy, any servks o/ the.Compeny in connection with Its Issuance or the broach of a policy provision or other obligation. Arbitration pursuant to this polk' ind under the Rules In sf/eot on the dote the demand for arbitration 7e made or, at the :option of the Insured; the Rules in obloct at Data of Policy shal(be binding upon the parties. The aweridl may Include attorneys' fees only It the laws of the state in which the lend Is located permit a court to award ettomays' fees to a prevailing party. Judgment upon the award rertderrd by the Arbibntor&) maybe entered In any court having /urltallctlon thereof. This *of-the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. 16. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the Insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as 8 whole. (b) Any claim of foss or damage, whether or not based on negligence; and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the Issuing office or to: Chicago Tills Insurance Company • Claims Department 171 North Clark Street • Chicago, Illlnlos 60601 3294 In Florida Call 1.800883.2020 \ 3 -2002 3 391 `Op P NELLAS COP SK MISS PO This instrument prepared by: Joan M. Budd, Esq. Senior Counsel Target Law Department 1000 Nicollet Mall TPS -3155 Minneapolis, MN 55403 (612) 696 -3475 After recording is to. be returned to Mark G. Lawson Bryant, Miller and Olive, P.A. 201 South Monroe Street, Suite 500 Tallahassee, Florida 32301 (850) 222 -8611 ACCT 7 C;1-'.G AUT OX NAT KARIM F. DE S.AKER, .CLERK OF..COURT PIMELLfARTMOPY 50190499 09- 03-2002 15.59:29 . JTF 51 EAS -ME DEPOT 000805 RECORDING 071 PALES 1 $100.50 DOC STAN - W19 3 =27,475.00 OFFICIAL COPIES 5 $22.00 (3:RTIFCATION 6 $1,00 TOTAL:. $27,598.50 DECK A%T.TENDERED: $27,598.50 Cam: $.00 BY DEPUTY CLERK . COVENANTS, RESTRICTIONS, GRANT OF EASEMENTS AND DS DR2199 .cJ MODIFICATION OF CLEARWATER COMMONS Us SHOPPING CENTER OPERATION AND RECIPROCAL FEES EASEMENT AGREEMENT MTF REVg , THIS COVENANTS, GRANT OF EASEMENTS AND MODIFICATION OF Tornt� - CLEARWATER COMMONS SHOPPING CENTER OPERATION AND RECIPROCAL ?\ EASEMENT AGREEMENT (hereinafter referred to as this "Modification Agreement ") is V made and entered into by and between Home Depot U.S.A., Inc., a Delaware corporation (hereinafter "Home Depot'), Target Corporation, a Minnesota corporation, formerly known as Dayton Hudson Corporation (hereinafter "Target'), and Clearwater Collection Associates, Ltd., a Florida limited partnership (hereinafter " Semblee); and same is joined into and executed by the City of Clearwater, Florida (hereinafter the "City'), and The Phillies, a Pennsylvania limited partnership ("The Phillies') solely for the purposes provided for in Section 8 hereof. RECITALS A. Home Depot, Target and Sembler (hereinafter singularly referred to as "Owner" and collectively referred to as the "Owners') collectively own all lands subject to that certain Operation and Reciprocal Easement Agreement recorded in Official Records Book 6440, at Page 2013 which has been previously modified by (1) that certain Ratification of Operation and Reciprocal Easement Agreement recorded in Official Records Book 6735, page 217, (2) that certain Third Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 6921, at Page 129, (3) that certain Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 7561, at Page 2125, (4) that certain Fourth Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 7541, at Page 849 which was re- recorded in Official Records Book 7561, at Page 2125, and (5) that certain Fifth Amendment to Operation and Reciprocal Easement Agreement recorded in Official Records Book 9664, at Page 451, all in the Public Records of Pinellas .County, Florida (collectively the "REA'J. Each Owner .represents and affirms that it U27ro2 a PINELLA9 COUNTY FLA. OFF,REC,8K 12188 PO 392 owns its respective tract as identified in the REA and will respectively secure the joinder or subordination hereto of any mortgagee holding a mortgage on such Owner's respective tract. B. ' The City has entered into a purchase and sale agreement with Home Depot to purchase all lands and interests owned by Home Depot now subject to the REA for the purpose of (1) constructing on the lands owned by Home Depot and certain adjoining lands, which are not subject to the REA, a community sports complex (the "Community Sports Complex') to include without limitation (a) an open air, natural grass ballpark meeting first class Major League Baseball spring training standards, with seating for approximately 7,000 persons (including premium. seating and group . areas) and an outfield berm seating area accommodating approximately 1,000 fans for on -grass seating and including clubhouse facilities, batting tunnels; team office space for The Phillies, locker rooms and other elements of such ballpark and stadium, (b) one practice infield, (c) on -site parking areas, and (d) other facilities such as a restaurant/sports bar, a souvenir /sporting items store, a health/fitness facility, and other facilities of like or similar use, and (2) inducing The Phillies (together with its successors and or assigns, including without limitation any successor user of the Community Sports Complex), the owner and holder of the Major League Baseball franchise for the Philadelphia area, to enter into a long term agreement with the City for the financing, development, construction, completion, use and operation of the Community Sports Complex. C. The Owners and the City are mutually desirous of releasing and waiving any restrictive covenant or condition or other restrictions or provisions set forth in the REA which would prohibit, prevent, limit, impinge, impair or interfere with, or otherwise adversely affect, the financing, development, construction, completion, use and operation of the Community Sports Complex and otherwise modifying and amending the REA in order to facilitate the financing, development, construction, completion, use and operation of the Community Sports Complex. AGREEMENT NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by this reference for all purposes. 1. ' ' RELEASE OF HOME DEPOT TRACT FROM REA. (A) Upon the City acquiring title to all of the lands owned by Home Depot subject to the REA (the "Home Depot Tract'), the Owners, for themselves, and their successors and/or assigns, including without limitation their respective successors in title, hereby- waive and release any and all restrictive covenants or conditions or other provisions or limitations of any kind provided in, or imposed by, the REA, which would prohibit, prevent, limit, impinge, impair, or interfere with, or otherwise adversely affect, the financing, development, construction, completion, use or operation of all or any portion' of the Community Sports Complex, its T . r PINELLAS COUNTY FLA. OFF AEC REC . BK 12196` PO 393 elements or appurtenant facilities, including without limitation signage, on the Home Depot Tract. Additionally, to the extent that any option to purchase or lease or any right of first refusal exists with respect to all or any portion of the Home Depot Tract, under the REA or otherwise in favor of either Sembler or Target which relates to the Home Depot Tract, such option or right is hereby released and the Home Depot Tract and Home Depot and any successor owner of the Home Depot Tract shall be forever discharged therefrom. (B) Upon the City acquiring title to the Home Depot Tract, the Home Depot Tract shall be released in all respects from the REA and only this Modification Agreement shall remain effective as to the Horne Depot Tract. The lands owned by Target and Sembler subject to, the REA (the "Remaining REA Tracts') shall continue to be subject to the REA and this Modification Agreement. 3. CONSENT TO COMMUNITY SPORTS COMPLEX; RESTRICTIONS. (A) The Owners hereby acknowledge and consent to the City's acquisition of the Home Depot Tract and. to the development and construction of the Community Sports Complex in part thereon and to the use and occupancy of the Community Sports Complex by the City and The Phillies, as provided for in (and pursuant to and in compliance with the terms and provisions of) that certain "Agreement for Development of Community Sports Complex ", by and between the City and The Phillies, dated March 1, 2001 and that certain "Sports Facility Use Agreement', also by and between the City and The Phillies, dated December 31, 2000, as both agreements have been amended by that certain Community Sports Complex Amendatory Agreement dated as of April 1, 2002 (collectively as- amended, the "Sports Complex Agreements'), as the same may be amended from time to time. For so long as the Sports Complex Agreements remain in effect, no future amendment thereto shall substantially or materially change the contemplated uses of the Home Depot Tract in conjunction with the Community Sports Complex. For purposes of this Modification Agreement, the Sports Complex Agreements shall be deemed to be in effect on the date hereof, regardless of the specific effective dates of the Sports Complex Agreements, (B) In consideration for the foregoing consent and approval, the parties hereto agree and "acknowledge that the use of the Home Depot Tract and Remaining REA Tracts shall continue to be subject to the following restrictions: (1) No use or service shall be permitted which is inconsistent with the operation of a first -class retail shopping center or the Community Sports Complex as contemplated by the Sports ' Complex Agreements. Without limiting the generality of the ' ' foregoing, the following uses or services shall not be consistent with the concept of a first -class retail shopping center and shall be prohibited: (a) Any use which emits an obnoxious odor, noise, or sound (exclusive of odor resulting from food preparation, or noise or sound emanating from the Community Sports Complex) which can be heard or smelled outside of any building; P INELLRS' COUNTY MR, OFF,REC.9K 12196 PO 394 (b) Any operation primarily used as a warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural, or mining operation; (c) Any "second hand" store or consolidation or salvage store (exclusive of baseball trading cards or baseball memorabilia); (d) Any mobile home park, trailer court, labor camp, junkyard, or stockyard (except that this provision shall not prohibit the temporary use of construction trailers or the assemblage or use of construction related materials during periods of permitted construction, reconstruction or maintenance); (e) Any dumping, disposing, incineration or reduction of garbage (exclusive of garbage compactors servicing the Community Sports Complex or located in the rear of any building located on the Remaining REA Tracts); (f) Any fire sale, bankruptcy sale or going out of business sale (unless pursuant to a court order or license issued by the sheriff of Pinellas County), or auction house operation; (g) Any central laundry, dry- cleaning plant or laundromat; provided, however, this prohibition shall not be applicable to a plat of less than 2,500 square feet of floor area nor shall such prohibition apply to the operation of a laundry facility on the Home Depot Tract which only services the Community Sports Complex and not the public in general; (h) Any automobile, truck, trailer or r.v. sales, leasing, display or repairs; (i) Any living quarters, sleeping apartments or lodging rooms, except for overnight facilities located within and used for Community Sports Complex related purposes; (j) Any veterinary hospital or animal raising facilities (except that this prohibition shall not prohibit pet shops); (k) Any mortuary-, (1) Any adult book store or other .establishment selling or exhibiting pornographic materials; (m) Any flea market, pool or billiard hall or car wash; (n) Any establishment selling or exhibiting merchandise or paraphernalia related to the use or production of illicit drugs such as a "roach clip ", "water pipe ", 2 PINELLAS COUNTY FLA. OFF.REC,BK 12196 PO 398 "bong ", "toke ", "coke spoon", "cigarette papers ", "hypodermic syringe", or any books, magazines, newspapers or video tapes which would be obscene under the prevailing law; -(o) Any off -track betting parlor. (2) Each Owner shall use reasonable efforts to cause the employees or the occupants of its property to park their vehicles only within areas designated by each respective. Owner for • employee parking on their respective tracts. The City and the Phillies shall use commercially reasonable efforts to prevent employees, agents and invitees of the City or The Phillies, including without limitation those persons attending events at the Community Sports Complex and those persons otherwise employed at the Community Sports Complex or the Home Depot Tract (collectively, the "Sports. Complex Parties ") from parking in any areas of the Remaining REA Tracts during such events; provided, however, the foregoing parking restriction shall not be construed to prohibit any bonafide patron of any commercial facility located on the Remaining REA Tracts from parking in the parking areas of the Remaining REA Tracts for the purposes of conducting business in -such commercial facilities. (3) All improvements, repairs, construction, reconstruction and/or maintenance on the Remaining REA Tracts shall be undertaken and completed in a manner consistent with the REA. All improvements, repairs, construction, reconstruction and/or maintenance on the portion of the Community Sports Complex located on the Home Depot Tract° shall be undertaken and completed in a manner consistent with the Sports Complex Agreements. (C) No party hereto shall cause any lien by any materialman, mechanic, labor or vendor to be placed upon any other parties' land or interest in the Home Depot Tract or the Remaining REA Tracts. It shall be the affirmative responsibility of the offending or responsible party to take commercially reasonable action to immediately pay, release, bond, or otherwise remove any such lien. 4. INGRESS AND EGRESS. (A) The Owners of the Remaining REA Tracts hereby grant to Home Depot, and any successor owner of the Home Depot Tract, including without limitation the City, for the use of such owners and the Sports Complex Parties in common with others entitled to use the same, a non- exclusive perpetual easement (i) for passage of vehicles (but not for parking purposes) over and across the internal driveway areas within the Common Area (as such tern is defined in the REA, prior to giving effect to . this Modification Agreement, and is hereinafter used as . so defined) of the Remaining REA Tracts, and (ii) for the passage and accommodation of pedestrians over and across the driveway and sidewalk areas within the Remaining REA Tracts, as such driveways and sidewalks may be from time to time be reconfigured and maintained to support such uses. The easements granted in Section 4(A)(i) and (ii) above are hereinafter referred to as the "Community Sports Complex Easement ". For the limited purposes stated in the first sentence of this Subsection 4(A), the grant of the Community Sports Complex Easement shall include the right to ingress and egress access to the Community Sports Complex Easement from the currently existing access points hereinafter collectively referred to as the "Access Points" and singularly as an "Access Point') from Coachman Road, Drew Street and U.S. P INELLAS COUNTY MR, OFF . REC , 8K 12196 PO 396 Highway 19 (the "Public Streets') as the Access Points may from time to time be constructed or maintained. In consideration of the granting of the Community Sports Complex Easement, the City and The Phillies agree that (x) the Community Sports Complex will be designed, constructed and operated with the main public entrance and primary public access point to the Community Sports Complex on Coachman Road and (y) the only Sports Complex Parties entitled to use the Drew Street Access Point will be those parking in the Parking Lot (as defined in Section 6(A) hereof). The foregoing grant of the Community Sports Complex Easement and right to use the Access Points shall not be construed to grant any right to use the Remaining REA Tracts for parking purposes and shall be expressly deemed to prohibit any such parking by the Sports Complex Parties. Notwithstanding anything to the contrary contained herein, neither the City nor The Phillies shall direct vehicular traffic (other than vehicular traffic parking in the Parking Lot or having business in the Community Sports Complex, including without limitation on the Home Depot Tract) over and across the Community Sports Complex Easement or any other parking and driveway areas of the Remaining REA Tracts during events at the Community Sports Complex or otherwise. (B) The Owners of the Remaining REA Tracts agree not to materially or substantially modify the use or configuration of the Community Sports Complex Easement in a manner that removes or prohibits reasonable pedestrian or vehicular access over the Community Sports Complex Easement from the Access Points for the Sports Complex Parties who are entitled to use the same as provided in Section 4(A) hereof. Any such modification or re- configuration shall provide for paved vehicular access, at least thirty (30) feet in width, from the Home Depot Tract to each of the Public Streets. Each respective Owner of the Remaining REA Tracts effecting redevelopment or other material reconfiguration of the Community Sports Complex Easement improvements shall pay all costs and expenses with respect thereto, including the provision of alternative ingress and egress as aforementioned to each of the Public Streets, and shall cause all work in connection therewith (including general clean -up and proper surface and or subsurface restoration) to be completed as quickly as possible, to be effected other than during the months of February and March (except in the case of emergencies) and to be accomplished in a manner so as to minimize interference with the use of the Home Depot Tract and the Community Sports Complex by the City and The PhiIlies. Except in the case of emergencies, prior to commencing any material or substantial modification of the use or configuration of the Community Sports Complex Easement or the Access Points,- the Owner(s) of the Remaining REA Tracts undertaking such work shall first provide to the City and The Phillies thirty (30) days advance written notice which reasonably describes the modification of the use or reconfiguration of the Community Sports Complex Easement or the Access' Points, as applicable. Notwithstanding anything to the contrary contained in this Section 4(B), neither the City nor The Phillies (nor any. other Owner) shall materially change the functional design of the existing entry to the Common Area located on the Remaining REA Tracts from the U.S. 19 Access Point without the written. consent of all Owners. The functional design of the existing entry to the Common Area from the U.S. 19 Access Point requires vehicular traffic to either turn right into the Home Depot Tract or turn left into the Remaining REA Tracts after crossing the access bridge. PINELLRB COUNTY FLA. OFF ,REC .BK 121BG PO 397 5. UTILITIES. (A) Each Owner hereby grants and conveys to each other Owner non- exclusive perpetual easements in, to, over, under, along and across those portions of the Common Area, including without limitation those on the Home Depot Tract, as are necessary for the grantee Owner to continue to use, maintain, repair and replace all lines or systems for utilities servicing the grantee Owner's land, including but not limited to sanitary sewers, storm drains, drainage detention, retention and treatment ponds, water (fire and domestic), gas, electrical, telephone and communication lines; provided, however, that (1) such usage shall not exceed the existing capacity. thereof and (2) the grantee Owner effecting any repair or replacement (or permitted expansion in order to increase capacity) thereof shall pay all costs and expenses (including but not limited to the costs of any permits) with respect thereto axid shall cause all work in connection therewith (including general clean -up and proper surface and or subsurface restoration to at least the quality and standard that existed prior to such work) to be completed as quickly as possible and in a manner so as to minimize interference with the use of said Common Area by the grantor Owners. Specifically, but without limitation, the reconfiguration of the Home Depot Tract and its incorporation into the Community Sports Complex shall not impact the existing drainage in a manner that would reduce the outfall available to the Remaining REA Tracts below capacity levels that such lands are currently utilizing, without the prior written consent of the Owners of the Remaining REA Tracts. The City and The Phillies will construct and instal separate sanitary sewer lines to provide service to the Community Sports.Complex. However, the City and The Phillies shall be entitled to use the existing storm water retention facilities on the Remaining REA Tracts, provided however, that if the capacity of such retention facilities needs to be increased to allow such additional use, the City and The Phillies shall bear the cost of such expansion. (B) Except in the case of existing storm drains, drainage, detention, retention and treatment ponds and water lines (for fire purposes only), the City and The Phillics shall use commercially reasonable efforts to design and construct the Community Sports Complex in a manner that any existing, additional or replacement utilities are, to the extent practicable, segregated from and operate independently of the Common Area on the Remaining REA Tracts and any utility lines, services and systems located in the Common Area on the Reaming REA Tracts (or off -site from the Shopping Center, as that term is defined in the REA, and necessary for the operation of the Common Area on the Remaining REA Tracts or any of the improvements on the Remaining REA Tracts). All parking area lighting, electric, and water and gas service shall be separately metered. Except as aforesaid, all costs associated with relocating or reconfiguring utilities and common improvements necessary to avoid common expenditure, such as power and water, shall be borne by the City and or The Phillies. Subject to subsection (C) below, the City and The Phillies are hereby authorized to relocate or reconfigure, and shall bear the expense of relocating and reconfiguring, any utility lines or systems on the Home Depot Tract servicing the Home Depot Tract or the Remaining REA Tracts to the extent necessitated by construction and use of the Community Sports Complex. (C) All utilities shall be underground unless required to be above ground by the utility providing such service. Prior to exercising the right granted in this Section 5, the grantee Owner shall first provide the grantor Owner with a written statement describing the need for such repair P INELLAS COUNTY FLA. OFF.REC.SK 12196 PO 398 or modification to the existing utility, shall identify the proposed location of the work to be done, and shall furnish a certificate of insurance showing that its contractor has obtained insurance coverage as required in Section 10 hereof. To the extent that any utility lines or systems located on -the Remaining REA Tracts need to be relocated or upgraded in connection with the construction and use of the Community Sports Complex, the City and The Phillies shall provide the Owners of the Remaining REA Tracts with at least two (2) weeks' written notice of same and the grantor Owner shall have the right to approve the location of any such relocated line or, system; provided, however, such approval shall not be unreasonably withheld or delayed so long as such relocation: (i) shall not interfere with or diminish the utility services to the grantor Owner (except as may be temporarily necessary during non - business hours to complete the relocation of the line or system); (ii) shall not reduce or unreasonably impair the usefulness or function of such utility; (iii) shall be completed using materials and design standards that equal or exceed those originally used; (iv) if required by the applicable utility company or governmental authorities, shall have been approved by the utility company and the appropriate governmental or quasi - govemmerital authorities having jurisdiction thereover, and (v) shall not unreasonably interfere with the grantor Owner's business operations. (D) Any maintenance and repair to utility lines or systems on a grantor Owner's Tract shall be performed only after two (2) weeks' notice to said grantor Owner (except in an emergency the work may be initiated with reasonable notice). All maintenance and repairs shall be done and shall otherwise be performed in such a manner as to cause as little disturbance in the use of grantor Owner's land as is practicable under the circumstances and (i) shall not reduce or unreasonably impair the usefulness or function of such utility; (ii) shall be completed using materials and design standards that equal or exceed those originally used; (iii) if required by the applicable utility company or governmental authorities, shall have been approved by the utility company and the appropriate governmental or quasi - governmental authorities having jurisdiction thereover; and (iv) shall not unreasonably interfere with the grantor Owner's business operations. Each grantee Owner agrees to cooperate with the grantor Owner so that such repairs to the extent possible will not be made during grantor Owner's business hours, to diligently complete such work as quickly as possible, and to promptly clean the area and restore the affected portion of the Common Area to a condition equal to or better than the condition which existed prior to the commencement of such work. Except during the initial construction of the Community Sports Complex, scheduled maintenance, repair or reconstruction of utility lines or systems shall not occur during November, December, February or March unless agreed to in writing by all Owners. (E) The easements referred to herein are perpetual and shall survive the termination of this Modification Agreement provided, however, that if after the termination of this Modification Agreement, any such perpetual easement is not used by the grantee Owner for two (2) consecutive years, then at the option of the grantor Owner such easement shall terminate and expire as to such grantee Owner not so using the easement, provided that prior to any such termination, the grantor Owner shall give thirty (30) days notice to the grantee Owner, of such termination, and the grantee Owner shall have the right, within such thirty (30) day period, to give notice to the grantor Owner of its election to continue the use of such easement, in which event such easement shall not terminate. P INELLAS COUNTY FLA. OFF.REC.8K 12199 PO 399 (F) For purposes of this Section 5, the term "Owner" shall be deemed to include the City, as successor in interest to Home Depot with respect to the Home Depot Tract. 6. ' PARKING; USE AND MAINTENANCE OF PUBLIC AREAS. (A) The City and The Phillies shall design and use that portion of the Home Depot Tract that is south of the southern face of the existing building (former Home Depot store) now located thereon only for parking, access and egress, utilities and signage and will locate no improvements thereon other than improvements relating to the permitted uses listed in this sentence. Such design shall segregate parking on the Home Depot Tract by using landscaping, berming, curbing, or other vehicular barriers in the manner and locations shown on the drawing attached hereto as Exhibit A (the "Parking Site Plan'). The area of the Home Depot Tract south of the southern face of the existing building is hereinafter referred to as the "Parking Lot ". The City and The Phillies agree, in good faith, to consult with the Owners of the Remaining REA Tracts during the design phase of the Community Sports Complex as it relates to the Parking Lot. All final site plan and design decisions will be made by the City or The Phillies; except that there shall be no material or substantial change to the Parking Lot as shown on the Parking Site Plan, without the prior written consent of the Owners of the Remaining REA Tracts, such consent not to be unreasonably withheld or delayed. (B) The City and The Phillies, during the respective events at the Community Sports Complex and preparation for or clean-up after such events, shall use commercially reasonable efforts to prevent persons attending such events from parking on the Remaining REA Tracts or using any ingress and egress from Drew Street for vehicular access, except for those parking in the Parking Lot. Such preventive efforts shall employ (by way of illustrations) the use of advance pedestrian and traffic control planning, directional signage, barricades and parking personnel, security, or police officers. If, after an event, the Owners of,the Remaining REA Tracts have concerns or request additional consideration, the City and The Phillies agree in good faith to re= evaluate the parking and traffic control measures to be. taken in the future and consider (but not be bound by) the concerns and suggestions made in good faith by the Owners of the Reaming REA Tracts. (C) The Owners, or any occupant, lessee, licensee or agent of the Owners, shall not charge for parking or otherwise operate any parking concession on the Remaining REA Tracts without prior written approval of the City and The Phillies. Such written approval shall be at the sole discretion of the City and The Phillies. (D) After each event at the Community Sports Complex, the City and or The Phillies shall, in a commercially reasonable fashion and in compliance with the standards of the Sports Complex Agreements, clean or sweep all sidewalks, drives and parking areas and remove papers, debris, filth and refuse therefrom on the Home Depot Tract, the Community Sports Complex. Easement and, to the extent such refuse results from a Community Sports Complex event, the Common Area and Access Points to the extent necessary to return same to a clean and orderly condition. 9 PINELLAS COUNTY FLA. OFF.REC.SK 12188 PO 400 7. DEMOLITION AND CONSTRUCTION. (A) The Phillies and the City shall effect the demolition of the existing Home Depot building and the construction of the Community Sports Complex on the Home Depot Tract, (including the Parking Lot) as well as, repair or restoration of utilities on the Remaining REA Tracts as otherwise provided herein,' taking commercially reasonable precautions to minimize adverse business impact upon the Remaining REA Tracts. All general construction traffic to and from the Home Depot Tract shall be allowed to enter the Home Depot Tract from the Coachman Road Access Point along the northerly portion of the Remaining REA Tracts, and the U.S. Highway. 19 Access Points only; provided, however, all concrete trucks shall enter the Home Depot Tract from the Coachman Road Access Point oniy. Construction traffic shall not unreasonably interfere with or unduly impede ingress, egress or access by patrons visiting or vendors servicing the Remaining REA Tracts. (B) The City and The Phillies respectively shall have an affirmative obligation to use commercially reasonable efforts to immediately repair or restore any portions of the Remaining REA Tracts, improvements or buildings located thereon, the Community Sports Complex Easement, and/or the Access Points used or available to use by the Home Depot Tract and REA Remaining Tracts which are damaged 'respectively by them or their contractors during demolition of the Home Depot building or construction of the Community Sports Complex, including the Parking Lot. (C) During demolition of the Home Depot building and construction of the Community Sports Complex (including the Parking Lot), the City and The Phillies shall fence, provide a visual screen (not less than five (5) feet above ground level), and otherwise secure the Home Depot Tract (including the Parking Lot) from the Remaining REA Tracts. Except in connection with the relocation, maintenance or repair of utilities as provided in Section 5, all construction activities and construction staging for such demolition and construction shall be contained on the Home Depot Tract or property other than the Remaining REA Tracts. Such demolition or construction shall not unreasonably or unduly impede any ingress or egress to the Remaining REA Tracts. (D) All demolition and constriction contemplated under the terms of this Modification Agreement shall be done in compliance with all applicable laws, rules, regulations, orders and orders of all governmental or quasi - governmental authorities having jurisdiction over same. (E) After the initial demolition and construction on the Home Depot Tract as contemplated herein, there shall be no construction work thereon, including without limitation repairs or restoration during the months of November and December, except in the case of emergencies. 8. JOINDER (A) This Modification.Agreement is executed and joined by the City and The Phillies solely to evidence joinder of the City and The Phillies and concurrence herewith, and their 10 PINELLAS COUNTY FLA, OFF.REC.BK 12196 PO 401 acknowledgement that they respectively agree to be bound hereby upon the City's acquisition of the Home Depot Tract and upon entering into a long term agreement for the financing, development, construction and use of the Community Sports Complex. It is the intent of the parties hereto that the City and The Phillies shall both be beneficiaries and obligors under this Modification Agreement. (B) Except for those that have accrued but been unperformed or unfulfilled, all rights . or obligations of The Phillies arising from this Modification Agreement shall cease and terminate upon termination of both of the Sports Complex Agreements. The recording in the Official Records of Pinellas County, Florida, of a certificate executed by the City Manager or by the Chief Executive Officer of The Phillies to such effect shall be conclusive evidence -of such termination; provided, however, no such termination hereunder shall be effective against the Owners of the Remaining REA Tracts until each such Owner has actually received written notice of such termination from the City Manager or the Chief Executive Officer of The Phillies. 9. EFFECT;. APPLICABLE LAW. (A) The provisions of this Modification Agreement shall run with, touch and concern the Home Depot Tract and the Remaining REA Tracts, and be binding" upon the Owners (including the City) and The Phillies and their respective successors in interest. In particular, the easements granted hereunder shall be appurtenant to and for the benefit of each of the respective grantee's tracts and shall be binding and enforceable against and burden each grantor's tract. (B) This Modification Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. All parties have participated in the drafting and preparation of this Modification Agreement, and the provisions hereof shall not be construed for or against any party by reason of authorship. The parties to this Modification Agreement expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State of Florida, whether state, local or federal, and further agree that venue shall lie in Pinellas County, Florida. _ 10. INSURANCE. (A) Prior to commencing any demolition or construction activities on the Home Depot Tract, the City and The Phillies (as applicable depending on which entity or entity's contractors are performing the work) shall obtain or require its contractor to obtain and thereafter maintain so long as such demolition or construction activity is occurring,(and continuing thereafter throughout the term 'of this Modification Agreement as to the Phillies and the City) at least the muumum insurance coverages set forth below: (I) As to The Phillies and all contractors (whether for The Phillies or the City): a. Workers' compensation and employer's liability insurance: (i) Statutory Worker's compensation insurance as required by any applicable law or regulation; and 11 PINELLAS COUNTY FLA. OFF . REC . SK 121SS PO 402 (ii) Employer's liability insurance in an amount no less than $500,000 each accident for bodily injury, $500,000 policy limit for bodily injury by disease and $500,000 each employee for bodily injury by disease. b. Commercial General Liability insurance covering all operations by or on behalf of the contractor or The Phillips, as applicable, which shall include the following minimum limits of liability, with deductibles up to $100,000 per person and $200,000 per occurrence: (i) $5,000,000 each occurrence (for bodily injury and property damage). (ii) $5,000,000 for Personal Injury Liability. (iii) $5,000,000 aggregate for Products and Completed Operations; and (iv) $5,000,000 general aggregate applying separately to this project. c. Automobile liability insurance including coverage for owned, hired and non -owned automobiles. The limits of liability shall not be less than $5,000,000 combined single limit each accident for bodily injury and property damage. The contractor shall require each of his subcontractors to include in their liability insurance policies coverage for automobile contractual liability. (Ti) As to the City: a. Statutory worker's compensation insurance as required by any applicable law or regulation, per occurrence with self insured retention of $500,000; b. Employer's liability insurance in the amounts set forth in Section 10(A)(I)a(ii); and c. Automobile liability insurance and Commercial General Liability insurance which shall include the following minimum limits of liability: (i) $100,000 per person/$200,000 per occurrence self - insured retention with the statutory limits per Section 768.28 Florida Statutes; and (ii) $5,000,000 per occurrence excess insurance (no aggregate applicable) with self-insured retention of $500,000. (B) During the demolition and construction on the Home Depot Tract all contractors shall be required to carry worker's compensation insurance and employer's liability insurance in the amounts set forth in Section 10(A)(I)(a) and builder's risk insurance on the project in 12 PINELLRS COUNTY FLR. OFF.REC,8K 12188 PQ 403 commercially reasonable amounts. After the demolition and construction on the Home Depot Tract (The Phillies and the City, as applicable) shall carry property insurance on all improvements on the Home Depot Tract and the Community Sports Complex as and to the extent required by the Sports Complex Agreements. Prior to commencement of demolition and construction, the Owners of the Remaining REA Tracts shall be provided certificates of insurance evidencing for the builder's risk coverage. (C) Any provision of this Modification Agreement to the contrary notwithstanding, while the City shall maintain insurance coverage and limits as provided for in the Modification Agreement, the parties hereto specifically agree that the City may provide the insurance coverage required herein by self-insurance, by self-funding, by purchase, or any combination thereof in the sole discretion of the City. To the extent required by the terms of this Modification Agreement, insurance coverage and limits shall be evidenced by delivery to the appropriate parties as provided herein, letters of self-insurance or self- funding executed by the City's Risk Manager, or by certificates of insurance executed by either the agent for the insurers or by copies of policy declaration pages. Such letters, certificates, and policy declaration pages shall list coverage (including the amount of insurance per claim and per occurrence, any gap in coverage, and the amount of the excess insurance) and policy limits with expiration dates and major policy terms and endorsements. (D) All insurance policies obtained pursuant to this Section 10 shall be with companies legally authorized to do business in the State of Florida and which possess a minimum rating of A- or better and a minimum class VIII financial size category (as listed at the time of issuance by A.M. Hest Insurance Reports). Additionally, all policies required to be delivered pursuant to Section I O(A) shall name each Owner of the Remaining REA Tracts as an additional: insured. Each party required to furnish insurance pursuant to the Section IO(A) shall furnish or cause to be fiunished to each Owner of the Remaining REA Tracts a certificate of insurance (in form reasonably acceptable to the Owner) evidencing all such insurance policies. Renewal certificates for all insurance required under this Section 10 shall be delivered to each owner of the Remaining REA Tracts at least 10 days prior to the expiration of any policy of insurance and no such policy shall be cancelable or subject to reduction of coverage except after 30 days prior written notice to all parties hereto which affirmative obligations for notice shall be shown on the certificates to be delivered hereunder. Notwithstanding anything herein to the contrary, this paragraph D shall not apply to the City to the extent the City elects to self - insure or self -fund. (E) If a party required to provide insurance hereunder fails to obtain, keep in force or provide evidence of any of the insurance policies or self - insurance coverage required by this Section 10, each party entitled to the insurance may give written notice to the defaulting party, and the defaulting party shall have until the earlier of (i) ten business days after its receipt of such notice, or (ii) regardless of whether notice shall have been given, one day before the date required insurance will lapse, to cure default. If the default is not cured within such period, unless such failure is the result of an inability to obtain such insurance as a result of the unavailability of such insurance coverages generally on commercially reasonable terms, then the parties entitled to the insurance shall (x) have the right to cure the default and be reimbursed by 13 PINELLAS COUNTY FLA, OFF,REC.SK 12196 PO 404 the defaulting party with a commercially reasonable time after request, and (y) have all remedies available at low or in equity. 1L' ' CONFLICTS/RATIFICATION. If there is any conflict between the provisions of the REA and this Modification Agreement as same relate to the Home Depot Tract, the provisions of this Modification Agreement shall control; provided, however, that as between the Owners of the Remaining REA Tracts, if there is any conflict between the provisions of the REA and this Modification Agreement as same relate to the Remaining REA Tracts, and the respective Owners of such tracts rights and obligations with respect to same, the REA (except as expressly amended herein with respect to such tracts) shall control. Except as supplemented and amended by this Modification Agreement, the REA is ratified by the Owners of the Remaining REA Tracts and remains in full force and effect as to the Owners of the Remaining REA Tracts and their respective tracts. Each of the parties hereto represents and warrants that it has the full capacity, right, power and authority to execute, deliver and perform this Modification Agreement, and all required actions, consents and approvals therefor have been fully taken and obtained. Furthermore, each of the parties hereto represents and warrants that upon full execution of this Modification Agreement, the REA as amended by this Modification Agreement shall be binding on all parties or entities with any interest in the Remaining REA Tracts, including the holder of any mortgagee's interest. 12. WAIVER Failure of any party hereto to exercise any right given hereunder or to insist upon strict compliance with regard to any term, condition or covenant specified herein, shall not constitute a waiver of that party's right to exercise such right or to demand strict compliance with any term, condition or covenant under this Modification Agreement. 13; NOTICES. All notices, demands and requests (collectively, the `notice) required or permitted to be given under this Modification Agreement must be in writing and shall be deemed to have been given as of the date such notice is (i) delivered to the party intended, (ii) delivered to the then designated address of the party intended, (iii) rejected at the then designated• address of the party intended, provided such notice was sent prepaid, or (iv) sent by nationally recognized overnight courier with delivery instructions for `next business day" service, or by United States certified mail, return receipt requested, postage prepaid and addressed to the then designated address of the patty intended. The addresses of the pasties shall be: Target: Target Cotponhon PmpertyDad Attn: PropertyAdminishation 1000 Nicollet man Minneapolis, MN 55403 Sembler: The Sembler Company Gregory S. Sembler 5858 Central Avenue St. Petersburg, FL 33707 -1728 14 PINELLAS COUNTY FLA. OFF,REC,6K 12196 PO 405 With a copy to: Ruden McClosky 401 E. Jackson Street, Suite 2700 Tampa, FL 33602 -5226 Attention: James B. Soble, Esquire Home Depot: Home Depot U.S.A., Inc. W. Keith Valentine 2455 Paces Ferry Road Atlanta, FL 30339 With a copy to: Home Depot U.S.A., Inc. Jeff A. Israel, Esquire , 2455 Paces Ferry Road, NW Bldg. C, 2& Floor Atlanta, GA 30339 With a copy to: Alston & Bird LLP Daniel R. Weede One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309 The CIT. City of Clemwater, Florida 112 S. OswolaAverrue 3rd Floor Clearwater, FL 33756 Attetitiaar: PwnelaAkin, CityAtbozney Witha copy to: CityofCkarwa1wF1mida . 1900GaandAvenue Clearwater, FL 33756 Atbermon: Kevin Dunbar, D wtor, Parks & Ramon ThePhillies: Veterans Stadium P.O. Box 7575 Philadelphia, PA 19101 Attention: David P. Montgomery, President and Attention: William Y. Webb, Vice President, General Counsel and Secretary 15 PINELLAS COUNTY FLA, OFF,REC,9K 12196 PO 406 Upon at least ten (10) days prior written notice, each party shall have the right to change its address to any other address within the United States of America. 14. RESPONSE PERIODS. Unless provision hereunder is made for a specific time period, each response to a request for an approval or consent required to be considered pursuant to this Modification Agreement shall be given by the party to whom directed within thirty (30) days after receipt thereof. Each disapproval shall be in writing and, except as may be otherwise specifically provided herein, the reasons therefor shall be clearly stated. If a response is not given within, the required time period, the requested party shall be deemed to have given its approval if the original notice stated in capitalized letters that failure to respond within the, applicable time period will be deemed an approval. 15. COUNTERPARTS. This Modification Agreement may be executed in several counterparts, each of which may be deemed an original, and all of such counterparts together shall constitute one and the same Modification Agreement. 16. EFFECTIVE DATE. This Modification Agreement shall become effective, if at all, only upon the full execution and delivery thereof by Home Depot, Target, Sembler, and joinder herein by the City and The Phillies, and shall only be deemed delivered and thereafter recorded in conjunction with the City's purchase of the Home Depot Tract from Home.Depot. 17. RECORDING. This Modification Agreement shall be recorded prior to any deed, assignment or other conveyance document from Home Depot to the City in connection with the,sale of the Home Depot Tract (as hereinafter defined) to the City. 18. MODIFICATION; TIME. Except as expressly modified herein, the REA shall remain in full force and effect and is binding upon the parties hereto, their heirs, successors, legal representatives and assigns. Time is of the essence of this Agreement. 16 LA p iNELLRS COUNTY 407 OF .0 .�K R 6 SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION . AND RECIPROCAL EASEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification 'Agreement as of the date first above written. Witness: I/iC -1O 1i4 .Witness: aP Y� �a �R °(CORPORATE SEAL ..- _ STATE OF GEORGIA COUNTY OF HOME DEPOT: HOME DEPOT U.S.A., INC., a Delaware corporation By: Its: '110 1q;aal Senior Corporate Counsel - now Estate Attest: r 44y6L4.4/ Its: tieDoran L. airdW Assistant Secretary The foregoing instrument was acknowledged before me this ;;?�— day of 1 2002 by=�M � w , - as - of HOME DEP U.S.A., INC., a Delaware corporation, on beh3Jfyf said corpoiation. °OFFICIAL SEAL° . 1Glenda M. W;gg'azs Nob►PticstdoolC a 14 Co:'mfta E ires m97-a3 (SEAL) My Commission Expires: S -1 PINELLAS COUNTY FLR, OFF,REC,89 12198 PO 408 SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION AND RECIPROCAL EASEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification Agreement as of the date first above written. Witness: Witness: (CORPORATE SEAL) STATE OF MINNESOTA COUNTY OF TARGET: TARGET CORPORATION, a Minnesota corporation, formerly known as Dayton Hudson Corporation By: c' -- Its is GOTTA. Nelson President T ra t Storms Attest: Its: M Simard Assistant Secretary Target Corporation The foregoing instrument was ackpowledged before me 's / day of 2002 by , 6U&Cal _ _ as I re- s of TXRGET CORPORATION, a Minnesota corporation, formerly known as Dayton Hudson Corporation, on behalf of said corporation. " ■ TAMMYA. MOSHER NOTARY PUBLIC - MINNESOTA VIA A (SEAL) • is My Commission Expires: &fi • dof '%b� S -2 PINELLAS COUNTY FLA. OFF,REC,6K 12196 PO 409 SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION AND RECIPROCAL EASEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification Agreement as of the date first above written. SEMBLER: CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership By: Sembler Enterprises, Inc., a Florida corporation, its sole General Partner By: witness* �• Its 5.n; a„r i u- Pr�� c�t Witness: Attest: . lhett sso� gu�dc,� Its: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowled ed bdore me this, ?A' day of ,4tuST , 2002 by('3O�y of SEMBLER ENTERPRISES, INC., a Florida corporation, the general partner of CLEARWATER COLLECTION ASSOCIATES, LTD., a Florida limited partnership, on behalf of said corporation and the limited partnershi . OT Y PUBLIC My Commission Expires: (SEAL) 3MAa SCS-- ,a Wo �t somo SEA 1 AD"OAOi V1419" S -3 PINELLAS COUNTY FLA. OFF.REC.SK 12196 PO 410 SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION AND RECIPROCAL EASEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification Agreement as of the date first above written. Approved as to form: By: P4.'J d Pamela K. Akin City Attorney STATE OF FLORIDA COUNTY OF CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida By: Willi e, II City Manager Attest: By: Cynth'a . Goudeau City Clqj The foregoing instrument was acknowledge bgfore a this Q day of lit IL;E4 2002 by y�i- and as ALOE U o the CITY OF CLEARWATER, FLORIDA, as municipla corporation o the State of Florida. Af F J NARY PLX , OA) t SPJ � S My Commission Expires: (SEAL) Denise A wlson e MYCOMMIS M C CCO14107 EXPIRES f June 14 2004 M eopoiomW nlar FAIN wSURANCE W— S-4 PINELLAS COUNTY FLA. OFF ,REC ,BK •12196 PO 411 SIGNATURE PAGE FOR COVENANTS, GRANT OF EASEMENTS AND MODIFICATION OF CLEARWATER COMMONS SHOPPING CENTER OPERATION AND RECIPROCAL EASEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have signed and sealed this Modification Agreement as of the date first above written. THE PHILLIES , THE PHILLIES, a•Pennsylvania limited partnership By: Witness: Its - Ftt*r Witness: �• Attest: - �I�Vle Its: $e'y STATE OF 4NNSYLV4&1tA COUNTY OF-4* AWL *k#9 The foregoing instrument - was ac owledged before me this A 8 day of 2002 by � as General Partner of THE HILLIES, a Pennsylvania limited partnership, & behal of the partnership. NOTARY UBLIC My Commission Expires: (SEAL) Notwkd $eat W S. Rowe Notary PubUc City d Ph ladelphle, P�Aade�f da county KY NF=h se May 2.2005 Member. PwnrpvardaAieod0mof NaWW S -5 PINELLAS COUNTY FLA. OFF•REC•SK 12198 FIG 412 p MATMCHWU S L A SEEMS ■EEN a I MATCHLIN ■ L I CK. ME NADI sm"s dft _Aa: :115 m pill-im a a a FR=CT am an. c■w_* 11001301C agell AL --------- I I I IIII Ins I] I I IN I f Aa,4AN cw D_ _D Is* IN cam a fm c (z- C,----:D C D IL Como STATS!'X PLC)Plr'A -PINELLAS (X)UNI-y I a true TM 11 hQ !:Anify (hnt tho bmgolng is - flab *I T ems appears 8 200 I;o . to 44 01 - Aidil 3y; EXHIBIT A PARKING LOT SITE PLAN CLEARWATER STADIUM PROJECT TERM SHEET 09/08/2000 These terms are subject to the City of Clearwater's ( "City') and The Phillies' ( "Team') ability to agree upon definitive terms and conditions and to enter into definitive forms of legally binding agreements necessary to implement the Clearwater stadium project (the "Project') in accordance with all requirements of applicable law. Any and all references to Team shall, at its option, refer instead to an entity wholly owned by The Phillies created for purposes of the Project and any and all references to City shall, at its option, refer instead to an authority or other public or quasi public entity designated by City for purposes of the Project, provided that Team and City shall each fully stand behind its affiliate or designee. SITE: This term sheet is based on the understanding that the site of the Project will be the 33.1 acres currently occupied by St. Petersburg Junior College athletic fields located north of Drew Street, south of Sharkey Street and west of Old Coachman Road. The site has been selected by City and City will hold harmless the Phillies against any claims by adjacent or nearby property owners alleging any adverse effect on their properties by development or operation of the Project. If the . parties j ointly determine that this location is not an acceptable site for the Project, they will use best efforts to locate an acceptable alternative site and to agree on any necessary 'changes to the terms herein set forth. THE PROJECT: The Project shall include: (1) an open air, natural grass ballpark meeting first class Major League Baseball spring training standards, with approximately 7,000 fixed seats, (including premium seating and group areas) and an outfield berm seating area accommodating approximately 1,000 fans and including all clubhouse facilities, batting tunnels, Team office space and other elements of such a stadium; (2) one full size, lighted practice field; (3) one practice infield; and (4) on -site parking for approximately 1,000 vehicles plus player /staff/VIP parking for approximately 175 cars. The Project may include such facilities as a restaurant/sports bar, a souvenir /sporting items store, a health/fitness facility etc. The site and a very preliminary conceptual configuration of the Project are generally outlined on Attachment 1. FUNDING: The funding forthe "all -in" Project cost (meaning all hard and soft costs) shall come from the following sources: the net proceeds from City's bonding of $500,000 per year for 30 years from the State and net proceeds from City bonding of an amount from the County having a net present value of $7 million. City will (in addition to its other obligations set forth in this term sheet) make a capital contribution to the Project in the amount of $5 million. Team shall contribute the balance necessary to complete the Project and Team shall bear the risk of cost overruns; provided, however, that Team shall contribute at least $3 million. All of such public source funds shall be available for the Project no later than 7/1/01, provided that the City will make its best efforts to complete the bonding ofthe State and County contributions by 10 /l /O 1. Team shall add the funds necessary to complete the Prc j ect as and when needed. PROJECT DESIGN AND DEFINITION: Team will observe the requirements of the Consultants Competitive Negotiation Act in selecting and will then engage the providers (the "Architects ") of the architectural and engineering services necessary to design the Project and to define its elements in detail sufficient to bid the construction and support the construction documents (the "Construction Documents' ). Team will pay all of the Architects' fees and expenses as part of its contribution. SITE PREPARATION: City will by June 1, 2001, be responsible for appropriately dealing with any environmental, geotechnical or other site conditions that would adversely impact the cost or speed with which the Project can be completed, including without - limitation effecting any remediation to the extent required by law. Team shall pay the first $250,000 cost of such site work and City shall pay any additional cost of such site work, up to a maximum of an additional $250,000. If the costs of such site work and of its impacts are reasonably estimated by the parties to exceed $500,000, then either party may terminate the Project. Team shall pay $15,000 for geotechnical studies of the Site. City shall pay the balance of the cost of such studies. City shall hold Team harmless from any liabilities arising under environmental laws from Team's use of the Project, except to the extent caused by the wrongful or negligent acts of Team. 2 CONSTRUCTION OF IMPROVEMENTS: The improvements included in the Project will be built in accordance with the Construction Documents by a construction company chosen through a competitive selection process by Team. In view of its bearing the risk of overruns, Team shall have the right to make additive or subtractive change orders, so long as the Project stays within the Project definition. OWNERSHIP: The site and the facilities comprising the Project will be owned by City. USE AGREEMENT: Team will enter into a use agreement with City giving Team the exclusive use of the Project during the Term, subject to the Partnership Events referred to below and to certain civic uses to be agreed upon (e.g. Youth Baseball games) that do not interfere with the use of the Project by Team. For such use, Team will pay rent to City an adjustable rent in the annual amount of $70,000, which amount shall be adjusted each year by the change in the local Consumer Price Index. Team shall receive a credit against such adjustable rent for all Project operating and maintenance labor costs paid by Team and for all field maintenance supplies and other expenses incurred in the discharge of the Team Maintenance Obligations (as referred to in "Maintenance" below) and for the share of utilities paid by Team. TERM: From the date of Team's occupancy following substantial completion of the Project (which shall be no later than 1/1/03), for a term of 20 years through 12/31/2022. Team shall have one five -year extension right and City and Team may mutually agree upon three additional five -year extensions. Team shall commit to keep its Florida State League team at the Project for at least 3 years following completion of the Project and has no present intention to relocate thereafter. TEAM COMMITMENT: Team shall make the ballpark its spring training home field for the entire term. OPERATING RESPONSIBILITY: Team shall operate and manage the Project and shall employ the staff necessary to do so. Team shall pay 25% of the costs of utilities serving the Project and City shall pay the remaining 75 %. MAINTENANCE: Team shall provide the labor necessary to (1) perform interior cleaning and light housekeeping, e.g. changing bulbs, towels, etc and (2) maintain the three playing fields, the luxury suites (other than the one for City's use) and the restaurant (the "Team Maintenance Obligations "). City shall acquire for Team and make available to Team (but at Team's expense) all field care supplies (clay, sod, sand, fertilizer, chemicals etc) and other supplies necessary for Team to discharge the Team Maintenance Obligations relating to the three playing fields. Other than for the Team Maintenance Obligations, City shall have the obligation to provide all ordinary and necessary maintenance of and repairs to the Project (including without limitation the parking lots and all other exterior areas excepting the playing fields). CAPITAL: City shall have all capital repair, refurbishment, restoration and replacement obligations, as necessary to keep the Project at all times in first class condition and up to first class Major League Baseball spring training stadium standards at the time of reference. Team and City shall annually agree on the nature and extent of any capital repairs or improvements and whether any capital reserve fund is necessary and in what amount, which shall be that amount customary for a facility of the size, nature and scope of the Project. Following completion of the Project, the parties shall designate and equally pay a mutually acceptable consulting engineer to annually determine what capital repairs, refurbishments, restorations and obligations are to be done currently and schedule those to be done in the future. TAXES, USE CHARGES AND SURCHARGES: It is the intent of the parties that the Project (land and improvements) shall be exempt from real estate taxes or payments in lieu of real estate taxes throughout the Term. City shall throughout the Term hold Team harmless from all other local (as opposed to Federal, State or County) taxes (except for income, sales and like taxes of general application), including without limitation amusement/ticket taxes, any increase in the sale tax rate applicable to tickets, use and occupancy taxes and surcharges on Project- derived 4 revenues. However, should the Project become subject to ad valorem property taxes, then the parties shall each pay an equal one -half of the net ad valorem taxes due and payable after deducting any City ad valorem taxes, which shall be paid by City. The parties will ask Pinellas County to return its share of such taxes and the parties agree to cooperate on legislation to exempt the Project from such taxes. REVENUES: During each 12 -month period following the occupancy date, City shall be responsible at its expense for the booking and conduct of concerts, plays or other significant revenue producing events (each, a "Partnership Event") of a nature that will not damage the playing fields or cause unreasonable wear and tear to the structures and are not inconsistent with the image of Major League Baseball and Team, in Team's reasonable judgment. The net proceeds from such events from all sources (including parking and concessions), will be split evenly between City and Team. City shall book and conduct at least six (and may book up to twelve) such Partnership Events. City shall receive 1/3 ofany net revenue derived from the sale of the right to name the stadium and shall have the right to approve any such sale, which approval shall not be unreasonably withheld. Otherwise, Team will retain all net revenues generated on and from the Project during the Term from all sources, including without limitation, all revenues from: (1) 2 /3ds of any net revenue derived from sale of the right to name the stadium; (2) tickets, premium seating, concessions, signage, merchandise, broadcasting, sponsorships, parking; (3) restaurant/sports bar, souvenir /sporting goods and other synergistic uses, (4) fantasy camps; and (5) any other events held at the Project that are not Partnership Events. As between the parties (and subject to the terms for Partnership Events), Team shall be entitled to any net revenues generated by events at the Project from parking at all of the following locations: the Project, Carpenter Field, St. Petersburg Junior College and the Florida Power Corporation right of way. Team will pay a total of $1250 (adjusted for changes in the local Consumer Price Index) per spring training game to civic organizations to staff parking at all of those locations. 5 CITY SERVICES: City will provide all appropriate City services, including without limitation, interior and exterior security, anti - scalping and traffic control, at appropriate levels of coverage for all events. However, except for civic events only (and subject to the terms for Partnership Events), Team will pay for such on -site police and paramedical coverage as Team deems necessary. PERMITS AND APPROVALS: Provided that Team pays all applicable fees therefor and subject to "Conditions to City's Obligation" below, City will: (1) provide or secure all zoning, subdivision, land use, curb cut, construction and all other similar and dissimilar governmental or quasi - governmental approvals, licenses and permits necessary to construct and operate the Project, including creating access from Drew Street; and (2) perform and pay for necessary public infrastructure costs and do so in a fashion that shall not delay (except as due to appeals taken against timely City approvals) the commencement of construction on October 1, 2001 or its timely prosecution thereafter. MARKETING/PROMOTION The Use Agreement between City and Team will include a provision that would trade out value in marketing programs from Team to match the financial contributions made by Pinellas County to the Project. Those marketing programs could include destination advertising, tourism public relations campaigns, tourism direct sales activities, and any other mutually agreed upon marketing program. Each year the Team would meet with representatives of the Pinellas County convention & Visitors Bureau and agree to a specific program of destination marketing and/or ticket opportunities equivalent to the dollar value of the County contributions. Team shall provide to City twelve tickets per spring training exhibition game and one luxury suite for use by City for each such game for economic development and other public purposes. DISASTER STAGING AREA City may, in each instance of actual or imminently threatened natural disaster, use the Project as a staging area for disaster preparations, response or other related uses, provided that such use of the Project will not damage the Project so that it is unfit to be used for its customary purpose and that there 6 will not be any cost to Team and that City will immediately restore any damage to the playing field or any other element of the Project. City shall not be responsible to Team for any loss of revenue or consequential damages resulting from such use of the Project, except any attributable to its failure to duly effect any such restoration and restore full use of the Project to Team immediately following the end of the disaster. CONDITIONS TO TEAM'S OBLIGATION: A construction contract with an acceptable contractor, as described above, for a price and on terms that are reasonably satisfactory to Team has been entered into by 1/31/01 for pre- construction and construction services leading to an acceptably priced contract by 9/1/01; provided that Team may reasonably reject a contract if the "all -in" cost (meaning all hard and soft costs) is greater than $24 million. • A definitive use agreement, on terns that are both reasonably acceptable to Team and City and consistent with this term sheet, has been entered into by the deadline imposed by OTTED. • City site work completed by 6/1/01 and soil studies disclose no geotechnical reason that would impede the construction. • City funds available by 7/1/01. • If, despite City's best efforts, the full State and County contributions are not available to Team for use in the Project by October 1, 2001, Team may in its discretion terminate the Project and all of its agreements relating thereto, in which event City shall promptly reimburse Team for all expenditures made and obligations incurred in respect of the Architects' fees and expenses. CONDITIONS TO CITY'S OBLIGATION: If the cost to City of effecting all public infrastructure costs necessary for the Project as required hereby shall be reasonably estimated to exceed $300,000, City may on or before January 1, 2001, in its discretion terminate the Project 7 and all of its agreements relating thereto, in which event City shall promptly reimburse Team for all expenditures made and obligations incurred in respect of the Architects' fees and expenses. JACK RUSSELL STADIUM LEASE: The Jack Russell Stadium lease shall terminate on the first day of the term of the use agreement relating to the Project, with no further obligations by either party. CARPENTER COMPLEX LEASE: The Carpenter Complex lease will be amended to: (1) extend for a term coextensive with the term of the use agreement relating to the Project; (2) conform the use, parking and revenue allocation provisions of that lease to the comparable provisions of that use agreement; and (3) call for fixed rent at the annual rate of $204,000 for 20 years. This Term Sheet accurately reflect the basic terms •of the business deal between the City of Clearwater and The Phillies, pertaining to the development financing, planning, construction and operation of a new stadium and adjacent facilities, all as to be more specifically set forth in definitive stadium development and use agreements to be prepared and entered into by the City and the Team as soon as is reasonably possible. CITY OF CLEARWATER, FLORIDA Brian A%-jt,-Nfayor • i THE PHILLIES B �Ge �� Y• David P. Montgomery, nera Partner, President & O 8 Attest:; C is E.: GQudeau ; 33.10 Acres QCts ,ok l�l4ac ?vrki J 1 atC41 A E �� a �n�V co io a( Of lA�� F�6t'.aq PoWGf U &.�'s 0 0 ar s QMlkL E F:C ld % /B�lIB�N �Lpi'f71r Lr r °• _ D R S W S T R B S T 1il �1 �1 J� i� d r ism 0 @0i 0�:0,�0� �I •oo•ot'� I C �I ni U &.�'s 0 0 ar s QMlkL E F:C ld % /B�lIB�N �Lpi'f71r Lr r °• _ D R S W S T R B S T 1il �1 �1 J� i� d r t, t wil PARKS AND RECREAnON FebruaryEi� 2W CITY OF CLEARWAT'ER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, LOO SOUTH MYRTLE AVENUE, CIEARWATER, FLORIDA 33756 TELEPHONE (727) 5624800 FAx (727) 5624825 RECEIVED FEB 16 2000 Ms. Isay Gulley, Executive Diteetor CLEARWAMR NEIGHBORHOOD HOUSING SERVICES, INC. Parks and Recreation 608 North Garden A(emre Clearwater, FL 33755 LETTER OFUNDERSTANDING Dear Ms. Gulley: This Letter of Understanding serves as the City of-CFearwater's official authorization to allow the Clearwater Neighborhood Housing Service, Inc., to provide public parking services for the 2000 Philadelphia Phillies Spring Training games, as approved by the City. The responsibilities of the City and the Neiglrborhood'Housing Service are explained in the following. 'The Citv agrees 12- 1. lli uw the City of'Cfmrwater property located-on the south side of lWmetto Street, northeast of Tack k il' Stadium (;RS), available for public parking. 2. Have the Police Department provide sufficient patrols to assist with the flow of traffic and parking around JRS_ 3. Make random counts of all automobiles parked in the City's lots. Copies of submitted bank deposit slips and random counts will be sent to the City's rriternaf Audit Division for` "T+Iview. The Neiebbo rhood Honsine Service agrees to: 1. Provide parking services for the Phillies Spring Training games, for the data and games agreed to with the City: Be respopsible for the orderly parking of all vehicles in the designated lot for the number of games agreed to, and to coordinate this with the Crearwater Police to ensure an orderly tiiw of'tfa$ic if, and`arouh& RS. 2. Provide a minimum of two (2) Neighborhood Housing Service volunteers to direct and operate the parking concession, who !. shall be scheduled to work from 3 hours prior to the scheduled starting time until 3 hours after the scheduled starting time I (1:05pm game: 10:05am- 4:05pm / 7 :05pm Same: 4:05pm- 10:05pm). 3. Charge $3.00 ($2.79 plus $.21 sales tax) for each automobile parked at the designated lot individual bank deposits covering all money collected for each game Played at the Stadium, and submit copies of each bank deposit slip to the City. ONE CITY. ONE FUTURE. BRIAN J. AUNGS'r, MAYOR-COMMISSIONER ED HOOPER, VICE MAYOR - COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ® J.B. JOHNSON, JR., COMMISSIONER 6_7 "EQUAL EMPLOYMENT AND AFFIR,\IATNE ACTION EMPLOYER° ✓ % .. P I I 5. Remit to the City, within 30 days Wowing the and of the season, a draft or check covering the total percentage payment: Me) of the gross revenues coffected'for payment of 'Slate sales tax, and (40%)of die remaining revenues as the City'i portion Pf the parking concession. The remaining (605/6) of the revenues will be retained by the Neighborhood Housing Service as their portion of the concession. 6. Maintain a liability insurance policy in the minimum amount, of $500,000r, naming the City as an additibnaliftsureCk-i�r all personal injury and property damage claims that might arise. The Neighborhood Housing Service shall provide evidence of this policy to the City prior to the start of their parking commitment. 7. Attend a brief training mating with City and phillies staK scheduled for Monday, February 296, at 5:00pm at the Jack Russell So .. ;pm" 10L The EM Sun is wW&decffbr Friday, March 3r(k when the Phflgcs wffplay Clavdant One night game ii schoWid-to bo'hqld on Thursday, March 23rd, against the Toronto Blue Joys. The spring season is scheduled to close on Thursday, March 30th, with a 12:05pm game against the Pittsburg Pirates. 107-74=-741 1111 1 "1'M Kevin E. Dunbar-, Director of Parks and Recreation KDAW JubarCarassas; Amistant 'City Anprney Larry Dowd, Assistant Director -Parks & Beautification Group I have read and understand this ducwmen4 and dvw that the ckwTdff Neighborhood Housing Swv&a% Z� ?idehy thew in providing thew services by these m'pr""u"' Ekwvu�e Dire,91for Feb 14 00 05:30p ~� (7271 787 -5534 p,2 AUTOMOOILE flABIUTY * � . . .� Imo, w... . Y: r� •:Oa 14 00 gym. Long &Company Inc _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANY AUTO AND CONFERS NO RIGHTS UPON THE CERTIFICATE 29190 U S Hwy 19 N HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND P.0 Box 14958 OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Clearwater FL 33766 -4958 COMPANIES AFFORDINQCOVERAGE (727) 789 -1488 { COMPANY INSURED A ESSEX INSURANCE COMPANY Clearwater Neighborhood Housing Ser COMPANY 608 No Garden Ave C Clearwater FL 33755- YMIRED (727 ) 442 -4155 ° pA"� •.. 'J:.:Y:<x; :r£- :iar�..;3:'0 :;..:: :'.:Yc?i%.:` >•�:: .+�:r.�.om-�,.. :f.u�?""^ ;"v "' o•: :.:.:'..: .:... .fw.....}: �iAn \u..alnn<sn:w�.:..: "..h .: l,fl.Yti. >.. ...gin• ...<N.::fi SVA�'l.'.:n �:K.. - .. -i�!l v..*.l'.n'...H:y:iT•.e :nx. A - .,2+.'.:i:Q•rit:.:{:.i'3 >::Yi ^i:: i. \K �A7..- .':>:la•S:�M n:'y. -:. i., .:.. :.: \•:;:..N•ati:i;:Xi.: .x.: .:.Qi:::.>:Y.4' .`.2`:� �.: ..x'. 3: L:;.% x.�::;: >::.ii2i.,:::...:.,•. :- THISISTOCERTTFY THAT INS Y >:AZE'a. T HE POLICIES OF INDICATED, NOTWITHSTANDING ANY AEOUIREMENT, M OR CONDITION OF ANY CONTRACT OR OTHER EmENT, TER E LISTED BELOW HAVE BEENISSUED TO THE INSURED NAMED FABOVE FORRTHE PO PERIOD CERTIFICATE MAY DOCUMENT WITH RESPECT TO WHICH THIS BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS IHESEAM3 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SUBJECT T(� All SMOWN -MAY HAVE BEEW REDUCED-BY PAID'CWMS. CO 7YPfi OF INSYRAN LTR P'OU':'YNUUM Ot•111ATION � A *EumLLIAftf v p0IV1y OATS ry1YDDVYy UIOT'8 Y °O""""E' �u LauIILrTY 3AP3 041 DENERAL AGGREGATE $ 1 000,000 05/01/99 05/01/00 CL/11MS MADE ❑Y OCCUR PRODUCTS•COMPMPAGG $1 000 000 often A 0WMvzC M— ,S PROT ftR5ON& aADV INJURY 31 000,000 : EACH OCCURRENCE 11,000,000 FIRE a IAOE Wv ono nnri s 5 01000 AUTOMOOILE flABIUTY Ar oM P—W ANY AUTO INED SINGUMT S ALLOWNEDAUTOS AUTOS 7F71;7�; YMIRED AUTOS NoN owNFD AUTOS : PROPEATYDAMMIE S OARA LIAINUTY � ANY AUTO $ THER OTHER w TOCAN V: ; EACH ACCDENT f EXCES UAe1Lm AGGREGATE f UMBRELLA FORM / / PACKO= MIENC6 • AGGREGATE OTHER THAN UMBRELU FORM S WORKIEW COMPENSATION AND S ENPLOYWW LUuNuTy .... THE PROPRIETORr „ / / / / EL EACH ACCIDENT Is PARTMIAD(ER OFFICERSARE: OFFICE S ARE: EM EL DISEASE • POUCY LIMIT ! OTMf:R ELOMEABE.EA own .OYEE 7 CITY OF CLEARWATER INCLUDED AS ADDITIONAL INSURED AT AN EFFECTIVE DATE TO BE DETERMINED AT FINAL SIGNING OF CONTRACT 11"W o ANY OF TM man Oftc� POL `R n a CAW810 O&KAE INE #iPUY'IIOM OAM 1"" W. TINE fSSENft COMPANY WILL V# Mvos To MAIL CITY OF CLEARWAT$R 3D— °Avo WN.. alf I1O'uE tO THE "W"FVCA'M tWOM w„IIII20 To TW U"JT, 100 SOOTH MYRTLE AVE . M" iWUME To MAa SM roM OWL We" no OSU"na" OR LNISNITY Clearwater FL 33756 °PO" ' coMl►A>tY. "s fTATrv>°s t , PARKS AND RECREATON February$, 2 CITY OF CLEARWATER POsT OFFICE Box 4748, CLEARwATER, FLoRmA 33758 -4748 ' MUNICIPAL SERwcPs BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARwATER, FLORIDA 33756 TtLEPHoNE (727) 562 -4800 FAX (727) 562 -4825 Mr. Joe - Marshall; President GRElNIFOOR PANTHERS - CULTURE- ANJ7SADRIS,UKG MZATIDN; INC 1380 South Madison Avenue Clearwater, FL 13755 LETTERS , OtHEBS"PANDiNG Dear Mr. Marshall: This Letter of Understanding serves as the City ofClearwater s official authorization to allow the Greenwood Panthers Cul . and Sports Organization, Inc., to provide public parking services for a portion of the 2000 Philadelphia Phillies S as approved by the City. Thie responsibilities of the City and the Greenwood Panthers are p Spring Training explained in the following. T. 0tv a Ams to: 1. Make the main Jack Russell Stadium (JRS) parking lot available, as well as the Ray Green Field lot (parking is permitted r the outfield grass portion of the field, when needed, but not on the clay). I l3-ave the Police Dbpartment provide'sutDcient patrols to assist witli the fCow of traffic and park[ig arolmd•iW 3. Make random counts of all automobiles parked in the City's lots. Copies of submitted bank deposit slips and random courts will be sent to the City's Internal Audit Division for review 4. Collect from the Phillies at the conclusion of the season, $3.00 for each season ticket holder utilizing the "reserved" lot for each game played'at JW The City sluff d&W seven peroent (7°70) for payment ofSlate sales tax, `and iemrt*(70 %) ofQie remaining revenue to the three groups providing the main parking services, according to the number' of games each covered T p r to: 1 Provide-parking-servicestribe Phi Spring -'g -- - dates games agreed to with the for the orderly City —Be, respo�ISible B5' parkdng of all vehicles in each of the designated lots for the number of games agreed to, and to coordinate this with the Clearwater Police to ensure an orderlq How of itaffic in and 8roun(t JRS;. 2. Provide a minimum of fifteen (15) Booster volunteers to direct and operate the parking concession, who shall be scheduled to work fi+om-3 hourspriorto-the 3 hrllusafarthe-smheduled stmtinglimctl- .•65pnr'game:. -1 . am- 4:05pm / 7 :05pm game: 4:05pm- 10:03pm). I Hire three (3)-offduy police officeM"who shaltbrrscheduted-tO work`ftm 3 hours prior to the starting time umil'the-lots are empty after each game. ONE CITY. ONE FUTURE. BRIAN J. AUNGST, MAYOR - COMMISSIONER ED HooPER, VICE MAYOR-COMMISSIONER BOBCLAIUC, COMMISSIONER ED HART, Commiss1oNER ® J.B. JOHNSON, JR., COMMISSIONER / "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER}'/, /�1 4. Charge $3.00 ($2.79 plus S.21 sales tax) for each automobile parked at the designated facilities, with the exception of the M" 10L 5. MWo: individul -bank deposits covering alt money collected1br each-game playeat the Stadtain, and - submircopies of each bank deposit slip to the City. 6. Ranit-to-tim-eity-, within 30 days following the cad of the a draft or d** covering the total percentage payment. -.(70/*) of the gross revenues collected for payment of State sales tax, and (30%) of the remaining revenues as the City's portion of the parking concession. The remaining revenue (?WqYwffbmUdnedtytbz Pants =as their portion offt,concess:ion,_ 7. Provide for the orderly parking of vehicles in the "reserved" parking lot. No money will be collected for this lot as it is reserved for season ticket I I J? (we eity Agrees to ....#4). 8-- Flbrdffilk (50)par0bg spaces ftnting on Pfufiies Dfive, wbfch shag Ux free a ad-15- r the use o f -the of MW players, pr ,% visiting officials, and groundskeepers. The owner of each of thew vehicles shall display an authorized identification placard. 9.' '14afitaiii a Iialiiliiy insufaace policy'in " inififfijun amount WOW^ nainj 11-& City as an additional nscuoii,'lpr an personal injury and property damage claims that might arise. The Panthers shall provide evidence Of this PO1icY to the City prior to the start of tfiefr parutig oommilyment 10. Attend a brief training meeting with City and Phillies staff, scheduled for Monday, February 296,"at 5:00pin at the Jack RymU Stadium parking lot. kis-undetsmad-that fbr the Countryside High 11 rBand7BWStMS hn10 the first Optimto-Ooose the one-third (1/3) of the schedule they would like to work and they have selected the IM five (5) scheduled sum (3/19-30)' ' The Greenwood Panthers have 06-s000nd option on which games they would*like to wodr, and have selecWft second-five (5)ipmes (03 /11- Toronto, 03/13 Kansas City, 03/14-Cincinnati, 03/16-New York Yankees, and 03/17-Cleveland). Clearwater High School's B J.&OVOWS W411-worktik- . . g five-(5)rgarins; which Wa ; A P f A Pd fin 3/03W Sino"here-ale -" ed games this spring, there will be no odd games to service. We will continue to alternate the option each year among the groups. Ptem.sign this docurnent-andnwn one originarfor our records: rhm enclosed -W additional-CM for your r". Sincerely, Kevin-L1.--DuzdW Director of Parks and Recreation cc: John Carassas, Amistant'City Attqrney Larry Dowd, Assistant DUWW - kft & Beautification Group KDAvd Throw rmdmid ardastmrddFTs &kw=eK andagm 9fiat the Gremwood Plinoax Culture and Spwft OrgmkadW4,rxd trill abide by dense pwm wen &nprm%dLigshesesffvice& Jae MarsAw4JOtlesldextW GkwrmwdPWdhmCWhwemdAwt- rim PARKS AND RECREATION Februaryw CITY OF CLEARWATER POST OFFicE Box 4748, CLEARWATER, FLORIDA 33758-4748 MuNiciPAL SERVICES BuimiNG, 100 Souni MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TIELEPHoNE (727) 562-4800 FAx (727) 562-4825 Ms. Orin Ebersole, Pfe0dent Cwnftyw&-ffq0r School-i- GOLDEN COUGAR JbM BOOSTEft, INC P. O. Box 14923 Clearwater, M 33766 LETTER OF UNDERSTANDING Dear Mr. Ebersole: This Letter of Understanding swim as the City ofClearwater's official authorization to allow the Band Boosters to provide pu!j c parking services for a portion of the 2000 Philadelphia Pbillies Spring Training games, as approved by the City. The responsibilities ofthe'City-and-the-Band-Boosters are'expbined iwthrm" D1 9k amp 12: L ftfte the*main Jack ftswkStadium (M)"Parking lurwaflaW &"welfwtheftyGreen Field-lot (parking is pmmutWT the outfield grass portion of the field, when.need4 but not on the clay).., 77 Have the-Police-15cpaztmentpruvidu sufficient patrols to assist the Boosters with -flowattraffic-and 11 1 zround--JR�- I Make random counts of all automobiles parked in the City's lots. Copies of submitted bank deposit slips and random counts will b0--w M1Udweity`s-t*rn&Aadft Division f07 seviciv. 4. Collect from the Phillies at the conclusion of the sown, $3.00 for each season ticloet holder utilizing the "reserved" lot for each game playcKtat-M. The-City-sliall-deduct mwen pezoant (75%) ft payment of State sales tax; and remit I of dae remajmn_ revenue to the three groups providing the main parking services, according to the number of games each covered. The BAoft -"IQ: 1. Pmvide'padd ig services for the Phillks Spftg Trainffig games, fir the dates and games agreed to with the City.: Be xcq"e for the orderly parking of all vehicles in each of the designated lots for the number of games agreed to, and to coordinate this with 'the Cliarwater Police to ensure an orderly ffow oftraffic in and around JR, S. 2. Provide a minimum of fifteen (15) Booster volunteers to direct and operate the parking concession, who shall be scheduled to work from 3 hours prior to the scheduled stating time until 3 hours a1ler the scheduled starting time (1:05pm game: 10:95am- 4:05pm / 7:05pm game: 4:05pm-10:05pm). 3. 1 Hire three (3) of police officers, wFuD shall' be scheduled to work ffom 3 hours prior to the starting time untillhe 10 s are empty after each game. ONE CITY. ONE FUTURE. BRIAN J. AuNGsT, MAYOR-COMMISSIONER ED HOOPER, VICE MAYOR-COMMISSIONER BOB CLARK, COMMISSIONER• ED HART, COMMISSIONER - J.B. JOHNSON, JR., COMMISSIONER "EQUAL EMPLOYMENT' AND AFFIRMATIVE ACTION EMPLOYER" r;?111-V!q- r 4. Charge $3.00 (52.79 plus S.21 sales tax) for each automobile parked at the designated facilities, with the exception of the reserved lot. S. Wakae'iridin'dual Nwk depwi'ls covering air money collected for each game played at the Stadium, and'submit copies of each bank deposit slip to the City. 6. Remit to the City, within 30 days following the end of the season, a draft or chock covering the total percentage payment: (7%) of the gross revenues collected for payment of State sales tax, and (30%) of the remaining revenues as the City's portion of the parking concession. IU remaining revenues (76° /o) will-be retafnedby the Boosters as their portion oftiie concession, 7. Provide for the orderly parking of vehicles in the "reserved' parking lot, No money will be collected for this lot as it is reserved for season tid Imt holders (see City Agrees to... 44). S. Y(50�1 11 Sspaces ficirding our Drive; which shall be fee and far the- use offfiea fi "i- ls-puyeMlqss, visiting officials, and groundskeepers. The owner of each of these vehicles shall display an authorized identification placard 9. Maintain a liability insurance policy in the minimum amount of M, 000, naming the City as an additional insured, for ali personal injury and property damage claims that night arise. The Boosters shall provide evidence of this policy to the City to'thrstart 10. Attend a brief training meeting with City and Phillies star scheduled for Monday, February 28` at 5:00pm at the Jack Russell Stadium parlaing lot. It is understood that for the 2000 Spring Training Season, Countryside High School's Band Boosters have the fast option to choose the one -third (1/3) of the schedule they would like to work, and they have selected the last five (5) scheduled games (3/19 - Texas, 1/23 Toronto 3/Zn3bston, 31Z9-Tampa Say, and3/3iXP[Murg). Tfie GreenwoodPanthers have'the second option on which they would like to work, and have selected the second five (5) games (3/11 -17). Clearwater High School's Band Boosters will work the first five (5) games (3/03 -09). Since there are fifteen (15) scheduled games this spring, there will be no odd games to sefvice. We will continue to alternate the option each year among the groups. Pfi me sign ft'docuiment andieturn one onginekfor our records. rbave encrosed an additionai'copy for your mfords. Sincerely, Kevia E. Dunbar . Director of Parks and Recreation cc: John' Carassas, Assistant City rney Larry Dowd, Assistant Director -Parks & Beautification Group KD/Ivd I have readawd mder of init0hr rand agnan jw fiw Vow& ywde-mgh -SWWd Golder Cougar Bauvd Boomw4 Ina mW abide by dese p writes in proridiitg dkese sevices. Orin Ebasok PAWWA C"nhyA* ft i'MootGolden-Congar Awrd a, Ina h Frity Purity Environmental :Servkas, Inc . 9.901 Alambra Avenue ' Tampa, Florida 33619 Errvironmental :. 813.628.8920 • Fox 1313.621.2849 1 NESHAPS PRE- DEMOLITION ASBESTOS 1 INSPECTION REPORT Clearwater Collection Building, 1 21750 US Highway 19 Clearwater, Florida Project PES -3907 - QEC�r ®e3Z� 1 Prepared fiat: 1 Mt. Jason Winkler . Developers Diversified Realty 3300 Enterprise Parkway Beachwood, Ohio 44122 1 Prepared by: Purity Environmental Services, Inc: 1 .9901 Alambra Avenue Tampa, FL 33619 1 1 1C. 1 NESHAPS PRE - DEMOLITION ASBESTOS INSPECTION REPORT Premises: Clearwater Collection Building 21750 US Highway 19 Clearwater, Florida Project #: PES -3907 Date of Inspection Survey: October 8, 2007 Inspection Personnel: Purity Environmental Services, Inc_. Dennis Horner EXECUTIVE SUMMARY Purity Environmental Services, Inc. was authorized by Mr. Jason Winklerof Developers Diversified Realty to conduct a NESHAPS pre - demolition asbestos survey of three vacant retail spaces (north end of building) at the Clearwater Collection Building located at 21750 US Highway-19 in Clearwater, Florida. The intent was to; identify accessible, suspect asbestos containing materials, obtain and analyze bulk samples to verify presence and quantity of each material, and make recommendations for treatment of said materials. A total of thirty nine (39) suspect asbestos samples were collected from the building: None of the thirty nine samples collected during the performance of the asbestos inspection were found to contain asbestos. The inspection. was limited to the interior of the three vacant retail spaces located on the north end of the building. The interior of the northernmost space was already under demolition at the time of this inspection. - It is recommended that all materials confirmed or presumed to be asbestos containing materials not be disturbed without proper notification of applicable Federal, State, and Local authorities. The results of the asbestos survey contained in this report should be incorporated into a site specific Operations and Maintenance Program that effectively manages the asbestos containing materials in -place until such time that all required ACM has been removed from the building. DESCRIPTION OF PREMISES The interior of the three vacant spaces consisted of concrete floors covered with vinyl floor tile or carpeting. The interior walls consist of sheetrock or concrete block walls finished-with paint, wallpaper, or wood paneling. The ceilings consists of a suspended ceiling tile grid system, or sheetrock finished with paint. The HVAC system consists of metal duct with fiberglass insulation. None of the plumbing observed was insulated., No spray applied fireproofing materials were observed. Clearwater Collection Building - 21750 US Highway 19 Clearwater, Florida ASBESTOS INSPECTION METHODS The asbestos inspection was conducted by an US Environmental Protection Agency (USEPA) Certified Asbestos Inspector qualified by experience, education, and training in the recognition of potential asbestos containing materials (ACM) and approved bulk sampling techniques. The inspection was performed in accordance with Environmental Protection Agency recommended procedures found in EPA - 450/2 -78 -014 (Parts I and 11) and EPA 560/5 -85 -024. These procedures call for the visual inspection of the building for suspect friable material and collection and analysis of representative samples of suspect material. Friability is a. mechanical classification as defined by the EPA NESHAP regulations as "any material containing more than 1 percent of asbestos as determined using the method specified in Appendix A, Subpart F, 40 CFR 763, section 1, Polarized Light Microscopy, that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure." Non - Friable materials are also classified by EPA NESHAP ' regulations as either Category I ACM or Category 11 ACM. Category I ACM is defined as asbestos containing packing, gaskets, resilient floor coverings, and asphalt roofing products containing more than one percent asbestos. Category II ACM is defined as any nonfriable, asbestos containing material, excluding Category I nonfriable ACM. The following suspect materials were sampled during the inspection. Various Vinyl Floor Tile Sheetrock Wall System Baseboard Molding Various Ceiling Tile Thirty nine (39) samples of suspect materials were collected and the location of each sample duly noted. It is our opinion that an acceptable minimum number of critical areas were sampled given the homogeneous nature of much of the material that was observed. iThe samples were received and analyzed by Air Quality Environmental, Inc.. in Seminole, Florida (National Institute of Standards & Technology NVLAP Program Laboratory ID # 200759 -0). ASBESTOS HAZARD ASSESSMENT During the performance of the inspection, the inspector performed a physical assessment for each of the suspect materials. The results of the physical assessment (condition and the potential for disturbance) were then evaluated for the purpose of setting abatement priorities and ranking areas for response actions. The fundamental principle of the hazard assessment methodology ' described is that the tendency for asbestos containing materials to release fibers is directly related to the degree that the material has been disturbed or deteriorated. In order to establish the hazard assessment, the physical assessment process of determining the condition of the material was performed. The following classifications were used for the materials: poor condition - significantly damaged; fair condition - damaged; and good condition. The material ' is then classified with respect to the potential for disturbance. Factors involved in this classification are as follows: potential for contact with the material, influence of vibration, and potential for air erosion. These factors.are then further defined by classifying the potential as high, moderate or low. �T Clearwater Collection Building - 21750 US Highway 19 Page 2 Clearwater, Florida Project PES -3907 "1 ,r r r t ASBESTOS HAZARD ASSESSMENT (Continued) The rankings of potential hazard range from 7 - most hazardous to 1 - least hazardous. Materials in poor condition are given the highest ranking of 7. The following table was utilized for the ranking of positive asbestos containing materials. Hazard Rank ACM Condition _4CM'DisturbanciePotential,- 7 Poor Any 6 Fair High 5 Fair Moderate 4 Fair Low 3 Good High 2 Good Moderate 1 Good Low ASBESTOS MATERIAL FINDINGS This section describes the asbestos containing materials (ACM) which were observed during the inspection. The quantities of material described herein are all approximate figures. The recommendations which follow this section are based on material condition, friability of the material, and physical accessibility of the material. Where known or suspected materials entered an area that was inaccessible, it Was presumed that the material continued into or through this area. The results of the sampling may be found on the enclosed certificates of analysis. The contents of each material and the sample location have been provided. SURFACING MATERIAL Surfacing material is defined by the State of Florida Department of Environmental Protection as "materials that are sprayed -on, trowled -on, or otherwise applied to surfaces. Examples include wallboard primer, sealer, paint and stucco, acoustical plaster on ceilings, fireproofing on structural components, or other materials applied to surfaces for acoustical, fireproofing, or other purposes." None of the suspect surfacing materials sampled during this inspection were found to contain asbestos. Clearwater Collection Building - 21750 US Highway 19 Page 3 Clearwater, Florida Project PES -3907 �J F lc�, it C i ASBESTOS MATERIAL FINDINGS (Continued) THERMAL SYSTEM INSULATION Thermal system insulation is defined by the State of Florida Department of Environmental Protection as "materials in a building or distribution system applied to pipes, fittings, boilers, breaching, tanks, ducts, or other system' components to prevent heat loss or, gain, water condensation, or for other purposes. No suspectthermal system insulation materials were observed orsampled during the performance of the inspection. MISCELLANEOUS MATERIALS A miscellaneous material is defined by the State of Florida Department of Environmental Protection as "interior or exterior material components such as wallboard, linoleum, floor and ceiling tiles, fire doors, roofing, siding, and materials not an integral component of the building such as stage curtains, protective clothing, laboratory apparatus and equipment, and other materials considered to be part of the real estate." None of the suspect miscellaneous materials sampled during this inspection were found to contain asbestos. ASBESTOS RECOMMENDATIONS None of the suspect asbestos containing materials sampled were found to contain asbestos, therefore there are no further recommendations. NON ASBESTOS CONTAINING MATERIALS The following materials were sampled and found to be negative for asbestos content: _3907 -A01 12 "x12" Blue Fleck Vinyl Floor Tile 3907 -A02 12 "x12 Blue Fleck Vinyl Floor Tile 3907 -A03 12"x12" Blue Fleck Vinyl Floor Tile 3907 -A0412 "x12" White /Blue Fleck Vinyl Floor Tile 3907 -A05 12 "x12" White /Blue Fleck Vinyl Floor Tile 3907 -A06 12 "x12" White/Blue Fleck Vinyl Floor Tile 3907 -A07 Grey Sheetrock Wall System 3907 -A08 Grey Sheetrock Wall System 3907 -A09 Grey Sheetrock Wall System 3907 -A10 2'x4 White Pin Textured Ceiling Tile 3907 -A11 2'x4 White Pin Textured Ceiling Tile 3907 -Al2 2'x4' White Pin Textured Ceiling Tile 3907 -A13 Black Baseboard Molding 3907 -A14 Black Baseboard Molding 3907 -A15 Black Baseboard Molding 3907 -801 2'x4' White Pin Textured Ceiling Tile 3907 -602 7x4' White Pin Textured Ceiling Tile 3907 -603 7x4 White Pin Textured Ceiling Tile 3907 -A04 Grey Sheetrock Wall System 3907 -A05 Grey Sheetrock Wall System 3907 -A06 Grey Sheetrock Wall System 3907 -B07 Black Baseboard Molding 3907 -B08 Black Baseboard Molding 3907 -B09 Black Baseboard Molding 3907 -B1012 "x12" White/Blue Fleck Vinyl Floor Tile 3907 -B11 12 "x12" White/Blue Fleck Vinyl Floor Tile 3907 -B1212 "x12" White/Blue Fleck Vinyl Floor Tile 3907 -B13 Tan Sheet Vinyl Floor Covering 3907 -B14 Tan Sheet Vinyl Floor Covering 3907 -B15 Tan Sheet Vinyl Floor Covering 3907 -COI 2'x2' Tan Rough Textured Ceiling Tile 3907 -0O2 2'x2' Tan Rough Textured Ceiling Tile 3907 -0O3 2'x2' Tan Rough Textured Ceiling Tile 3907- C04 2'x2' White Sheetrock Ceiling Tile 3907 -005 2'x2' White Sheetrock Ceiling Tile 3907 -006 2'x2' White Sheetrock Ceiling Tile 3907 -007 Grey Sheetrock Wall System 3907 -008 Grey Sheetrock Wall System 3907 -CO9 Grey Sheetrock Wall System Clearwater Collection Building - 21750 US Highway 19 Clearwater, Florida Page 4 Project PES -3907 � f C CLOSURE Purity Environmental Services, Inc. has conducted a NESHAPS pre- demolition asbestos survey, for three vacant retail spaces at the Clearwater Collection Building located at 21750 US Highway 19 in Clearwater, Florida. The survey inspection was performed at the request of Mr. Jason Winkler with Developers Diversified Realty. The intent was to evaluate the subject spaces and identify accessible, suspect asbestos containing material. Upon your review of this report, should you request additional information or clarification, please feel free to contact our office. We look forward to a continuing professional relationship. Sincerely, PURITY ENVIRONMENTAL SERVICES, INC. Dennis Horner President Page 5 Project PES -3907 1 SURVEY CLARIFICATION This asbestos inspection document is not intended as a bid document or specification for abatement.. Information used for abatement or bidding purposes is used solely at the user's risk. No demolition of building components was performed as part of this. survey, and although no hidden materials are suspected, no warranty can be given as to discovery of hidden material �J l _ APPENDIX A CERTIFICATES OF ANALYSIS Clearwater Collection Building 21750 US Highway 19 Clearwater, Florida - r t :.Bent Name: Lab # 59846 59847 ' 59848 ' 59849 ' 59850 ' 59852 ' 59853 159854 .v;,.i_VVI it:vv NJ r-tvtt: :ur QjualiLy Env Tv: 813•S212R49 PAGE: 001 OF 007 f `'�"`' �!<ir 11:11'A !li?« t +��`% A�' l.rti >r1t'tt�rt1'.Srt�•ii`r�. �V °ltmu'l, li:•1111c: ord. S.4,ininelc. hturidail lt'i'+ y i tm7 i Z;.Ij��Ni h:i,\ •i, "2 �? aye tKl')f+ Purity Environmental Services, Inc. Project Name: PES•3907 Clearwater Collection Building 9901 Alambra Avenue 21750 US Hwy 19, Clearwater, Florida Tampa, Florida 33619 Date Analyzed: October 11, 2007 # [Sample Tvoe Floor Tile (Floor Tile Floor Tile Floor Tile Floor Tile Floor Tile Drywall Material Drywall Material Drywall Material file layer mastic layer We layer plastic layer tile layer mastic layer file layer mastic layer file layer mastic layer We layer mastic layer % Asbestos NAD NAD NAD NAD NAD NAD NAD NAD NAD NAD NAD NAD compound NAD layer -NAD der Mayer NAD compound layer derlayer t compound NAD NAD NAD NAD Test Method; PLM / D % Other Fibers 10096 Cellulose 4% Cellulose 100% Cellulose 4% Cellulose mat layer NAD 100% Cellulose ' powder layer NAD 4% Cellulose 59855 A10 Ceiling Tile tan / white NAD 3096 Cellulose 20% Mineral Wool 59856 Al 1 Ceiling Tile tan / white NAD 30% Cellulose 20% Mineral Wool ' 59857 Al2 Ceiling Tile tan / white' NAD 30% Cellulose 2096 Mineral Wool 't.e=,t• sa -n*-, we-e tvwtged b; tayom sperri::1iler a crreP01arl is ie�;catgi Brie+ hale- va:+;, The r:r.A. u+t•s dcr,• v trwder;d it) b ;tsttEx:ly, rcrtahlhltj unt, =1 '1 cmiNgtr: n-we than Orw pt:tCt."itl 1tSWA I' SbiiL :.tiO ",V.tf Aro,)F:tfal rtf+!i+li�Vl• b l f�RtY:;.+ ikdw: w7t5ia. rrt:;: 5tr )lf��ftit{t1�!?1g1tS:tli:it>z Contalmr:y Nibt u-als :otkh 0101r'eble W (nay bakomi friew., be i t *.her e.,s". : bf poled WIM 1se %� lli'g iMfrt: 9Xt it pig tl .It± tMtl'r+!t•re,it llriitQ:447!: R4 CVAR. Air 4tir.Ilitl: CfM1tRJr11TNG ►.a UId 7.�. S;L +SRI; M1.y r ^I:l! ?r . itwa, �doa�nriittrh; ncp4: rttxrtt�rat ,nlex9sper��ly»e:,la7s'ecr. Atlrl is l,�ula'y,t: ^e8atteaul�mnyrWt;.r 't epmthic ed excrXt h W. Tai, report data kr v> be int-am Rivii only og the ~ar_+wrs'l or.`r.;ttat ^tst� 1•.•h.,xt Ftiv7 plrx: Pu*? tksrrl:^ n+.' tGCny> rxirnay�unttx�: tSeAtq., at': aii�itolYtMrte�erti >tf�tasy.;rr:mr:d;+r erts3rrscrs+e =+1 ay1VV1,JiA:IVISi•orAnp otwt3• ngS *!tyorttte %8t4trAf Coo= r.�trtttr:. Lab File Number. 112M ' Analysis Pages 9 of 3 2007-10-1111:47 Air Quality F.,,, 3 • EPA Method 6W/R•63/116 r o% Binders % Carbonates and Binders % Binders 100% Carbonates and Binders 100% Binders 10096 Carbonates and Binders 100% Binders 100% Carbonates and Binders 100% Binders 100% Carbonates and Binders 100% Binders 100% Carbonates and Binders 100% Binders 100% Carbonates and Binders 96% Gypsum and Binders 100% Carbonates and Binders .96% Gypsum and Binders 100% Carbonates and Binders 96% Gypsum and Binders 50% Perlite and Binders 5096 Perlite and Binders 50% PerGte and Binders �1t:a1t iccl 1:,; ��C�� l,:rEyari;.J?:7ltitra NVLAP Lab No, 200759.0 ' -- ---•••• •—_ - r �•• At. oi. ...troy_ PA4117 UUd VF UU -7 :,Herat Names Purity Environmental Services, Inc, Project Name: PES -3907 Clearwater Collection Budding 9901 Alan-bra Avenue 21750 US Hwy 19, Clearwater, Florida r Tampa, Florida 33619 Date Analyzed: October 11, 2007 t '11-. S . Bulk Sample Analysis Test Method PLM / DS an i ti.. Lab # Client # SarMleType Description % Asbestos % Other Fibers A Method 600/R- 93/118 % Binders 59858 A13 Covebase baseboard NAD 100% Carbonates and Binders mastic NAD 100% Binders 59859 A14 Covebase baseboard NAD 100% Carbonates and Binders mastic NAD 100% Binders 59860 A15 Covebase baseboard NAD 100% Carbonates and Binders mastic NAD 100% Binders 59861 B01 Ceiling Tile tan / white NAD 50% Cellulose 50% Pedite and Binders 59862 602 Ceiling Tile tan / white NAD 50% Cellulose 50% Partite and Binders 59883 603 Ceding Tile tan / white NAD 50% Cellulose 50% Partite and Binders 59864 B04 Drywall Material joint compound NAD 100% Carbonates and Binders mat layer NAD 100% Cellulose powder layer NAD 5% Cellulose 95% Gypsum and Binders 59865 B05 Drywall Material joint compound NAD 10096 Carbonates and Binders mat layer NAD 100% Cellulose powder layer NAD 5% Cellulose 95% Gypsum and Binders 59866 606 Drywall Material pint compound NAD 100% Carbonates and Binders mat layer NAD 100% Cellulose powder layer NAD 5% Cellulose 95% Gypsum and Binders 59867 B07 Covebase baseboard NAD 100% Carbonates and Binders mastic NAD 100% Binders 59868 B08 Covebase baseboard NAD 100% Carbonates and Binders mastic NAD 100% Binders 59869 609 Covebase baseboard NAD 100% Carbonates and Binders mastic NAD 100% Binders 59870 810 Floor Tile tde layer NAD 100% Carbonates and Binders mastic layer NAD . 100% Binders 59871 B11 Floor Tile file layer NAD 100% Carbonates and Binders mastic layer NAD 100% Binders TF.cro .tn•nnlnc .00 -.. �.:ylmw.l t... tw._.,.,... c.- �...c.. i....._ . __ _.. ........ ,.� ,p�...� • ,! - •.w.. v ' ' •.l—Ur 6 OMN't UD& 1, 'ra'..t !?. ti9=AW W.`lar• W1PAN . The EPA M-11 t =8r 10 be W1't1 z;n6 (945� It ! -retl t' K ;rarq 4an otup tWYwill %�illttSt.',5Iw i.?Jhs I v1vYY A;fc;. f rlirl31ax1 IM.AA[j. r PAre;tgaIminsalst.:r kmo JW. Rriglo -1:ty Atit�!:;A>n COA NL'1: ^' MAWWN WW-h ate WaW. or may t*c0q , Nf-bic be tr.3ror a ^.nlyzed by pain! c Urtin -3 vAxin i ^e 11rtt1N� ltrrl: l ina. 11.41Of"W10.ttiL!<.•;!i,ltyCV�1E. A1'Ourill F :.vicathtr•pr", U-Wzfi C`AAF.000tt;l,blu •ws s !� skirls rte: L t tJOR rinirr.:nul" 611,101W Aprcil WAY - nqugstwi. Adti"rrg WIY Mane ri»sults niny rte!f , -.r lnti!rpt A t;+rtf'Yi! i9 r /al 7;119 rt.+ppn data is to be �ningatetal! linty ny irte �9r;ons) or iwesrl�eca "lam tL411•S +rn �..tC1C ;i!tr : ?caS bAlr'Cd>,r,' . Fur�k3fitlAttl.'•iUS fCrWrt 11;'1y Col iW !s�'(ti1 rl$:1 G�II:Ie`�O ��hWlp;Y C4+A1fiL`112�Q!►. aAfl'(!•AFN.V o;tti�lscvrtrnf'CyNVf.,'11? NflsFaranyc+ tna�r. tgu• �CyuttftAFrlN.srWurlvztw.nxtn:• Lab File Number. 11206 ' Analysis Pages 2 of 3 2007 -10- 1111:48 Air Quality Env AI "tht.A NMP Lab No. 2007oo i I1 _. - ...... .— , —y —IV r.. FAtiS: UO3 OF 007 Client Nan w' Purity Environmental Services, Inc. 9901 Alambra Avenue Tampa, Florida 33619 Asbestos, Bulk Sample Analysts Project Name. PES-=7 Clearwater Collection Building 21750 US Hwy 19, Clearwater, Florida Date Analyzed: October 11, 2007 Lab # Client # Sample Ty Descri lion % Asbestos �. •.+...,.A,,. rt-en % Other Fibers =r-n evtentoa OW/K- !!8113 % Binders 59872 B12 Floor Tile file layer NAD 100% Carbonates and Binders mastic layer NAD 100% Binders 59873 B13 Vinyl Flooring vinyl layer NAD 25% CgUubse 70% Carbonates and 0inders 5% Glass Fibers 59874 B14 Vinyl Flooring vinyl layer NAD 25% Cellulose 70% Carbonates and Binders 596 Glass Fibers 59875 B15 Vinyl Flooring vinyl layer NAD 25% Cellulose 70% Carbonates and Binders 5% Glass Fibers 59876 C01 Ceiling Tile gray / silver NAD 90% Mineral Wool 10% Foil and Binders 59877 002 Ceiling Tile gray / silver NAD ' 90% Mineral Wool 10% Foil and Binders 59878 CO3 Ceiling Tile gray / silver NAD 90% Minaret WWI 10% Foil and Binders 59879 C04 Ceiling Tile mat layer NAD 5% Glass Fibers 93% Gypsum and Binders 2% Cellulose ;►880 C05 Ceiling Tile mat layer NAD 5% Glass Fibers 93% Gypsum and Binders J 2% Cellulose 59881 C06 Ceiling Tile matt layer NAD 5% Glass Fibers 93% Gypsum and Binders 2% Cellulose 59882 C07 Drywall Material mat layer NAD 5% Glass Fibers 92% Gypsum and Binders 3% Cellulose 59883 C08 Drywall Material mat layer NAD 5% Glass Fibers 92% Gypsum and Binders 3% Cellulose 59884 C09 Drywall Material mat layer NAD 5% Glass Fibers 92% Gypsum and Binders 3% Cellulose 'TbOSO sWnpdss "-0 Y-AN70d by Javorc, c W -'Iert .+.ilxWON i7Vtrated tvyar. E•'1 a11' Th4 EPA : !n:. C ■Ytt . i eti :ttE,t !t io Its tr f►t*: /:t, E�, rl:~ �krp CQ$s ,1 .1 Lw11 tirK ,rhip itE:m etc DOWN %a.9bElrit3!i Iw Calkirr.'.it! t4at.47i ! %fA.7 r- RlirWit' 7 P AF }. PPA reeEtlllin -K al*r, exiEr ah th,t; Pf4tAttedAlstE! vrw. Can :+ri�Srg t;1Mur�ESts :a`ri�h a,9 Wable or "I)MM r 1111bla. be i,Er9Y r analy.-U by p�7!••tt Cc.M 13 W[Wn 1� ^Et .- ''l "r:11;� gtl�i::a;i: lr'rt3 flfitl/ tJL41 !�G'C[lElt ;1�J.k3S�:i �y Ct�ifw !SI" Utr:lbtr t= 'At1+tEihlrrMti' Uld CQS C :•J1E �Nt £t ECa U7I5 ' WK n-td dMit rar. fxJxta tprt►A:tCttd A*Ct`pf is t;:ti Pwrt nt"4 E:nlasa Elpprirf'^ reti'miro . Adt om:ty Poem Rmseh. nzay n,-A.: Tt�hr'x)K iE4a & if, lobe ?rttA'?riMCif pEtty by tha Ct:rwt5 ?i ttr'n:.4Sfi�t9 *Yii�•,r, h,�aM EYrltOCti1!!'.tt� &ner�K:. �s•°: rk3m•: t{ N. 9tfvnstf il:' tEttayrar. ix• tt3EalEh.= et: Eru�tl: ntk�ptlsE.lrr..r(est:Ytq�t..�0�rrn/:tler atxtoESrrretretay-W, ", HIN!- si f) OPIxO g« :;t;y(tiheFoderfilGvvtr::,,vte!r.. Lab File Number MIX Analysis Pages 3 of 3 2007-10-1111.49 Air Otlality Frw .•\n.t!YAll by- NVLAP Lab No. 200750 ' .. _.... ---' '_. ._ •�• •••.... - ti;.. -y .- iv: LAWS. VU4 VY MH : uut- tu- I I IM344 rvmgl T CV4VI UMM MIM1. 01004IM43 a.• r i r: n. aUn p r trJ ' "Dvdmwmws dal , blo. am Abmbm*mwo TIC, Fl 33ma BA APLE IOENTIVICATM FORM ' Loca dan to "! 4 Project * : �Gi�fe TwAnsMudd : j2p _.31ma..�.....,.. 2007-10-1111:50 Air Quality Erry \., \V 1(i -� � - a•�AO13: �e n�'1D 41, (j. -' (ICAfaa ale. �' X.) t.- V 1 �w . Q�+ A -OFD v9 T7 Denft bmer wAw..IYN •: ' A to�. 2007-10-1111:50 Air Quality Erry \., \V 1(i -� � - a•�AO13: �e n�'1D [ittJMU -I] Uts:%)Zl t'LKII I tP4V KURMtNIAL 0ISUZUtWd >> IUJMLMND r- ltnaylMasti�� 1 $AWU 1)ENTMAl'1011 1c. l.�iate i 1 1 1 1 1 CHUG: UUG Vr UU1 r tv WNib�_9�. � 7mw PL Wo I FOW oats • 0 LQ Pns ed t : 0. i ' . TV 1� 1 2007-10-1111:52 Air Quality Ern Maw l�,c t L e1 t" th,a " ce- -AZ If �.•.� r r- i, 4. C..�^ a . �Neli�: :, Oesnis�t�o-nwR . 1� 1 2007-10-1111:52 Air Quality Ern l i r - APPENDIX B . SAMPLE PHOTOGRAPHS Clearwater Collection Building 21750 US Highway 19. Clearwater, Florida - " BLUE FLECK 12 "X12" VINYL FLOOR TILE GREY SHEETROCK WALL SYSTEM e WHITE 2'X4' PIN TEXTURED CEILING TILE ° — a W � i WHITE /BLUE FLECK VINYL FLOOR TILE m m m m r m i m m s r i = m = m r m m BLACK BASEBOARD MOLDING GREY SHEETROCK WALL SYSTEM WHITE 2'X4' PIN TEXTURED CEILING TILE BLACK BASEBOARD MOLDING K boommmo.. _ ... WHITE/SLUE 12 "X12" VINYL FLOOR TILE 10 s Y , 2'X2' TAN ROUGH TEXTURED CEILING TILE %I TAN SHEET VINYL FLOORING S� 1 t J SHEETROCK WALL SYSTEM r� HH Gregg Appliance Center ' TRAFFIC IMPACT ANALYSIS Prepared for: Developers Diversified Realty 2200 Enterprise Parkway - ' Beachwood, Ohio 44122 (216) 755 - 6544 ! Prepared by: Tindale- Oliver and Associates, Inc. 1000 North Ashley Drive, Suite 100 Tampa, Florida 33602 (813),224-880 LU w C Ex V-J� " 0 cU z 0 October 30, 2007 ' 580001 -00.07 r� HH Gregg Appliance Center TRAFFIC IMPACT ANALYSIS ITable of Contents List of Tables Table 1. Summary of Trip Generation Estimate .......................................................... ............................... 5 ' Table 2. Summary of 2007 Existing PM Peak Hour Peak Season Intersection and Roadway Levels of Service.......................................................................................................... ............................... 9 Table 3. Summary of 2009jFuture PM Peak Hour Peak Season Levels of Service ... ............................... 13 ' List of Appendices Appendix A: Methodology Correspondence Appendix B: Distribution and Assignment of Project Traffic ' Appendix C: Existing Data Appendix D: 2007 Existing Intersection and Roadway Level of Service Worksheets Appendix E: Development of Future Traffic Volumes Appendix F: 2008 Future without Project Intersection and Roadway Level of Service Worksheets Appendix G: 2008 Future with Project Intersection and Roadway Level of Service Worksheets r IntroStud Area ................. ..............................1 duction Area......................................................... ............................... ..............................1 TripGeneration .................................................................................................. ..............................5 ' Trip Distribution and Assignment :.................................................................... ..............................5 CapacityAnalysis .............................................................................................. ..............................7 ' ExistingConditions .................................................................................... ..............................7 Future Conditions ..................................................................................... .............................10 Conclusion........................................................................................................ .............................14 List of Figures ' Figure 1. Project Site Location . ................................................................................... ............................... 2 Figure2. Preliminary Site Plan ...... ............................................................................... ............................... 3 Figure 3. 2007 Existing Lane Geometry and Traffic Control Devices ......................... ............................... 4 Figure 4. PM Peak Hour Site Generated Volumes and Trip Distribution .................... ............................... 6 Figure 5. 2007 Peak Hour, Peak Season Traffic Volumes ........................................... ............................... 8 ' Figure 6. Future PM Peak Hour, Peak Season Traffic Volumes without Project ....... ............................... Figure 7. Future PM Peak Hour, Peak Season Traffic Volumes with Project ............ ............................... 11 12 List of Tables Table 1. Summary of Trip Generation Estimate .......................................................... ............................... 5 ' Table 2. Summary of 2007 Existing PM Peak Hour Peak Season Intersection and Roadway Levels of Service.......................................................................................................... ............................... 9 Table 3. Summary of 2009jFuture PM Peak Hour Peak Season Levels of Service ... ............................... 13 ' List of Appendices Appendix A: Methodology Correspondence Appendix B: Distribution and Assignment of Project Traffic ' Appendix C: Existing Data Appendix D: 2007 Existing Intersection and Roadway Level of Service Worksheets Appendix E: Development of Future Traffic Volumes Appendix F: 2008 Future without Project Intersection and Roadway Level of Service Worksheets Appendix G: 2008 Future with Project Intersection and Roadway Level of Service Worksheets r LJ i L, C HH Gregg Appliance Center TRAFFIC IMPACT ANALYSIS Introduction This report documents a traffic impact analysis undertaken for a proposed redevelopment project within the City of Clearwater, Florida. The existing project site is located on the northwest corner of US Hwy 19 access road @ Drew St, as illustrated in Figure 1, and is currently occupied by an LA Fitness, a Floor and Decor home improvement store, a future Buffalo Wild Wings, and approximately 14,200 square feet of vacant space that. was previously occupied by a restaurant and a Dollar Tree. Our client is seeking site plan approval to demolish the existing 14,200 square feet of vacant space and construct a 30,000 square foot retail space to be occupied by an HH Gregg Appliance Center (electronics superstore). The subject site is anticipated to be constructed and occupied in 2008. This analysis was undertaken at the request of the City of Clearwater to evaluate traffic operations in the vicinity of the site There will be no modifications to the site access with the proposed redevelopment. The site will continue to provide three main connections to the adjacent roadway network; two right - in/right -out connections to US Hwy 19 access road and one full connection to Drew St. A preliminary conceptual site plan for the proposed redevelopment project is depicted in Figure 2. Prior to undertaking this analysis, a study methodology was discussed and agreed to by City staff, as documented in Appendix A. Study Area Pursuant to direction provided by City staff, the study included an analysis of the intersections of Drew St @ US Hwy 19 access road, Drew St @ Old Coachman Rd, Drew St @ Fairwood Dr, and the project site access connections to US Hwy 19 access .road and Drew St. In addition, conditions on the roadway segment of Drew Street from Old Coachman Rd to Fairwood Dr were requested to be analyzed. Figure 3 illustrates lane geometry and traffic control for the study area road network. Tindale- Oliver and Associates, Inc. 1 HH Gregg Appliance Center 580001 -00.07 — October 30, 2007 Traffic Impact Analysis "y o Z. O Q O O � I � A 6 °o- y 1� O O A' tv 5 v� NI oc 'O 'Q A A� a, a Lop St m S 9 tie 3 5� _ oellw«rn -_ ` A Safety bor see Y+ 9L `` y T J C J J C Fjni DT s 7 pQ 6 G c CU a+ . o o N.T.:' • > tt�iSQ GpAG� 3 ? m @ 1lr 0Edenwood St �t L�Ek ;Coachmen - t _ �o metto I t San Jose St Cl) San Pedro S,, 4 b 51hC MSan q Bemadino S 3 �- as �n Dr `� San Mateo- pA Ptyn -St � 3""-Rd - -- � Anna RYe --�� Merril Ave 811 � M' Terrace Or N Werra z Granger Dr oco Bordeaux Ln Norman Dr T m set 2 Draw St Drew St Bermuda Grew St cu Blvd Drew St 7K o a Q VYmdward Islas land st 0 r„ PROJECT ch _ r _ a n co x CL m SITE Lee Isles Johns Pkr Nash m St= z 15 C Whilman St a a, i J Downin � g St A Chaucer St C% o rn D swi Shelley St Shelley St s Bhd so' �a Ta Bay, Bhp— _. _ - It traate r eo - -- — = -- ° z ?Her Bhd � as w yrn Gulf To u, S a 31h Si t7 I .EXrote P 4. 31 �+ Ott, St 61h St : �x fIl c fiI Cpl L7 5th St y Ip P N ie m TP.40ALE43LIVER AND ASSOCIATES• me i1r.•. n.r,u ��w Project Site Location Figure 1 J 1 — e- ------- - - - - -; : �• �.i....... N.T.S. IL ON [::3 STO"MASO+fRYBGIDATi — ` 11 RVTAX i i f r m `I_ III¢. _ � o —I— —i =_ `•_' Ct �_ I- OR -I- i N. Site Access , ROANOOCCOR 7 BUr:AtO ', J � {vR0 r<7M.3 ,; - rsaosa vi Tri For u nTResa "{ Ili �� i�� fi� � T�..:� • i , �� GT11TE�11T[u ITT I';., {{ IStORY 1 � ` {F...._._.... �� doACCa.F 3k" d { O re�s'f '1 } }•` (u 6 6 1� { ij 111 1 H I 1 4J� � zs ACCCSY { i S. Sito Access j arrt raaow - { _ i . 40111 n dl"JJ1i 1lJ_9.11"D JILLM.1.1i1J 1 s -' <Tw�>tw ROrlf -v -_• -_'^ _ �b + s . >ieM lieEr/0 • .. I wR ��J OROP. HOTEL ' - -- u, m i um + DREW STREET SITE PLAN SOURCE: HERNANDEZ ENGINEERING 1653 HAYWICK TERRACE DUNEDIN. FL 34898 TINMALrADUVERAMAS'SOC,AfT.S.f1"c Figure . Site Plan 2. Tindale- Oliver and Associates, Inc. 3 HH Gregg Appliance Center 580001 -00.07 October 30, 2007 Traffic Impact Analysis 0y p A O O C' V � I p O � � y � o Oti A °os 101111 Y m �, o0 ab n �n R"� y Y M co to Z z 7 :5 I.L. LL N.T.S. r---------- - - - --� !E N. Site Access - -� 1 �I PROJECT SITE '0 U 1 ` ¢ S. Site Access m - U f0 U j o r— ca Drew St L -- - - -J -- -T a LEGEND �m M °i Traffic Signet m Stop Sign n Ti " ° "` "VER . AND ''S"''TUC;. "`. - - 2007 Existing Lane Geometry and Traffic _ Figure la]e; tivrnM1.Sxt mrcrWv.+mia«r ' rnvrn.�tcmn,t tlae mac. " "`u` Control Devices 3 ' Trip Generation PM peak hour trip generation of the proposed development was estimated using average rate equations, as ' identified in Trip Generation (Institute of Transportation Engineers, 7th edition, 2003). Table 1 summarizes the resulting trip generation estimate. Table 1. Summary of Trip Generation Estimate Daily PM Peak Hour ITE Land Use, .Code, and Size Trips In Out Total ' Electronics Superstore 863(Average Rate) 30,000 sf 1,351 66 69 135 rAs shown in Table 1, the proposed development is.estimated -to generate 135 new trip ends (66 inbound, 69 outbound) during the PM peak hour of adjacent street traffic. Trip generation for the PM peak hour ' provides for the worst -case traffic scenario for the adjacent roadway system and therefore, was used in the analysis. No reductions were taken for internally captured or pass -by trips. Therefore, this analysis is considered to ' be conservative. ' Trip Distribution and Assignment The distribution of project traffic was estimated based on output of the Tampa Bay Regional Planning Model (TBRPM) and existing traffic patterns. Using the select -zone assignment function of the model and application of engineering judgment in consideration of existing traffic patterns, the project trip distribution and roadway network assignment was estimated for the subject site, as shown in Figure 4. ' Appendix B contains a plot of the distribution of project traffic from the TBRPM. Tindale- Oliver and Associates, Inc. 5 HH Gregg Appliance Center ' 580001 -00.07 October 30, 2007. Traffic Impact Analysis r r r� I■r �� r � r r r r� r rr r r TINDALr -OU V6R. AND ASSOCiATPS_ Inc.. tR0 :Yn111�CN[GY°kl \'Ii�ETIl11(fi IAVIh YlWttE1 d)fd` PM Peak Hour Site Generated Volumes and Traffic Distribution Figure 4 s. site Access Q > 15% I 3 1 1 °i° o U 0 `.3 ( SON �20 I 0°DM� �Q U- X00 �p (--4 I_J f---Q I ..J LLJ (-p 11 L f-Q L -- - -J Drew St 10 % 0 �. 7— . 21% � �: I: 14 � 0 _. ` 17 ---� I I I 2. -- 7/0 �1 1I �'` � r I� t i , 1 3 p QC. p— o.00 g--) OWOO 1 moo V 16% 24% @ 1% 0- �. a TINDALr -OU V6R. AND ASSOCiATPS_ Inc.. tR0 :Yn111�CN[GY°kl \'Ii�ETIl11(fi IAVIh YlWttE1 d)fd` PM Peak Hour Site Generated Volumes and Traffic Distribution Figure 4 1 , Capacity Analysis Intersection and arterial levels of service were calculated for 2007 existing conditions, 2008 without - 1 project conditions, and 2008 with - project conditions using the Highway Capacity Software (HCS+ Version 5.21) and FDOT's.Generalized Peak Hour Two -Way Volumes for Florida's Urbanized Areas ' Table 4 -4 (State Two -Way Arterial: Class 1). For the analysis at signalized intersections, existing signal timings and phasing were used as provided by the City of Clearwater. Existing Conditions Existing traffic volumes within the project vicinity were determined based on manual turning movement counts collected at the following locations: 1 Intersection Date Collected 1 US Hwy 19 access road @ Drew St October 18,.2007 Old Coachman Rd @ Drew St October 18, 2007 Fairwood Ave @ Drew St October. 23, 2007 Drew Site Access @ Drew St October 23, 2007 N Site Access @ US Hwy 19 access road October 23, 2007 S Site Access @ US Hwy 19 access road October 23, 2007 Existing (2007) PM peak hour peak season traffic volumes were estimated from the turning movement ' counts collected in the field using peak season conversion factors identified for Pinellas County from the 2006 Florida Traffic Information CD (FDOT). The estimated 2007 peak hour peak season traffic 1 volumes are presented in Figure 5. Worksheets summarizing the existing turning movement count data are provided in Appendix C. The 2007 existing intersection and roadway levels of service were then calculated based on the estimated _ PM peak hour peak season volumes. The results:are summarized in Table 2. 1 1 Tindale- Oliver and Associates, Inc. 7 HH Gregg Appliance Center 580001 -00.07 —October 30, 2007 Traffic Impact Analysis M M M M M M i M M M it M M M M M i M M "A y o x. � A O � r r o � o e' V � I A o� � O O A� NJ °off V � 0011 o I a A A' M n A n Zs 5 5� T N.T.S. T11ZMAU.cuvra AND ASSMVITrs, INC nm wmmn�rary mrn r, aantrro r. +ararr.r.>hrn.. �xa mW co � c Z m M rn m co cN�co° 42 NcN� E C o [ - — 1669 I U 1 L, U . r-------------- I m —' 0 rn' 100 U I' Of N A 365--) O rn i— r°n N I 340 I -- 1009 J .l,_ (— 227 Drew St of rn�l 76-J II �rr 914 a 165 —� (D M 0 T11ZMAU.cuvra AND ASSMVITrs, INC nm wmmn�rary mrn r, aantrro r. +ararr.r.>hrn.. �xa 2007 Peak Hour, Peak Season Traffic Volumes Q a 0 ca LL `rtO� 136 1 L —(-46 818 207 -J r 702 100--) N CM M x m a v a Figure 5 mW co � to m Z m rn m rn m co cN�co° 42 NcN� j o C o [ - — 1669 I U 1 L, LL LL r-------------- I —' I rn' 100 5 I' Of N A 365--) �t(0 GUN N. Site Access I 17 �, I PROJECT SITE Io i of rn�l L II a S. Site Access.i 2007 Peak Hour, Peak Season Traffic Volumes Q a 0 ca LL `rtO� 136 1 L —(-46 818 207 -J r 702 100--) N CM M x m a v a Figure 5 co cN�co° 42 NcN� �- 351 [ - — 1669 I U 1 L, 834 174 f-85 11 —' —' 234 100 5 46--) N A 365--) �t(0 GUN 2007 Peak Hour, Peak Season Traffic Volumes Q a 0 ca LL `rtO� 136 1 L —(-46 818 207 -J r 702 100--) N CM M x m a v a Figure 5 2. Summary 2007 Existing PM Peak Hour Peak Season Intersection Roadway Levels Service Table of and of Existing Existing Approach Movement LOS Delay V/C Approach Movement LOS Delay V/C US Hwy 19 N EB L E 60.4 0.73 Fairwood Ave EB L B 12.4 0.51 @ Drew St T D 38.5 0.62 @ Drew St TR B 17.2 0.46 (Signalized) R C 21.1 0.34 (Signalized) Total B 16.2 ' Total D 39.5 WB L B 11.3 0.11 WB L D 53.0 0.54 TR C 22.0 0.59 T D 49.5 0.87 Total C 21.5 R C 20.8 0.32 NB L C 26.4 0.34 Total D 44.8 T D 38.1 0.29 NB L E -56.3 0.89 R D 36.3 0.08 T D 50.5 0.88 Total C 31.9 R C 34.6 0.29 SB C C 30.9 0.18 Total D 51.7 TR D 43.8 0.54 SB L E 62.6 0.76 Total D 39.7 T D 54.2 0.79 Overall C 22.0 0.70 R C 31.1 0.36 ' Total D 57.8 Overall D 47.3 0.84 N. Site Access @ EB R B 10.9 0.03 US Hwy 19N (Unsignalized) ' Old Coachman Rd EB L C 23.2 0.34 @ Drew St TR D 47.7 0.92 (Signalized) Total D 46.1 S. Site Access @ EB R B 10.2 0.03 US Hwy 19N WB L C 31.6 0.61 TR D 39.3 0.92 (Unsignalized) Total D 38.1 NB L C 27.7 0.52 Site Access NB LTR F 66.0 0:67 T E 66.2 0.91 @ Drew St SB LT F 144 0.43 ' R D 36.1 0.14 (Unsignalized) R C 19.6 0.12 Total D 52.0 Total F 62.6 SB L C 33.8 0.43 T D 47.0 0.63 ' R D 39.0 0.09 Total D, 42.7 Roadway - Two -way. Drew St Volume Ca aci LOS Overall D 43.4 0.95 Old Coachman Road to Fairwood Ave 2970 3390 C LOS, level of service ' Delay, average control delay, seconds per vehicle V /C, volume -to- capacity ratio As shown in Table 2, under existing conditions all three signalized study intersections and the study ' segment are estimated to operate at, or better than, acceptable LOS D. Also shown in Table 2, the lane v/c ratios of the unsignalized access driveways indicate that none will exceed their capacities (v /c < 1.0). Worksheets- documenting the 2001 existing intersection and roadway levels of service are included in Appendix D. Tindale- Oliver and Associates, Inc. 9 HH Gregg Appliance Center 580001 -00.07 -October 30, 2007 Traffic Impact Analysis Future Conditions A 2% growth rate, as specified by the City of Clearwater, was applied to estimate the 2008 future without - project traffic volumes. Future 2008 without - project traffic volumes are shown in Figure 6. Traffic estimated to be generated by the proposed project was then added to the 2008 without - project traffic volumes to estimate 2008 with - project traffic volumes. 2008 with - project traffic volumes are shown in Figure 7. Worksheets documenting the development of future traffic volumes are included in Appendix E. Intersection and roadway levels of service were calculated for 2008 without - project conditions and 2008 with - project conditions. The level of service analysis results are summarized in Table 3. Pinellas. County and FDOT work programs were reviewed to identify committed roadway improvements on the study network. Based on this review there are currently no capacity - improvements scheduled within the study network prior to the anticipated build -out date of this site. [This Space was Intentionally Left Blank] Tindale- Oliver and Associates, Inc. 10. HH Gregg Appliance Center 580001 -00.07 —October 30, 2007 Traffic Impact Analysis �y o O A v co 1 � O Q O V Y o� Z O O A N � °off V � Z � �o �o o a, A S. A A 5' Z z NITS: =UW .SSIOCIATES, INC. C M mIx Z y E U Of R Ri O U 5 v O A Un N 0) �— 347 I L I 1029 �J [ 11 232 Drew St 78 932 168 0M0 =UW .SSIOCIATES, INC. Future PM Peak Hour, Peak Season Traffic Volumes without Project Q O cla LL uu, to 139 1I 834 1. (-47 211 --J r 716 102---) r Y m Q. U R a Figure 6 ma (A m mIx Z y Of R Of 0 5 5 LL LL ---------- - - - --� I v I rno) NCI N. Site Access t7 1 PROJECT SITE of y I Q S. Site Access ' :: 22 1 � - —� cD v 0 F — I Mao° L 42 I vo0 NvN V 358 l� �---- 1702 I 85 U -�— 851 177 ��I f— } �- 112 587 46---) Nan 372--) vmNN W CDN Future PM Peak Hour, Peak Season Traffic Volumes without Project Q O cla LL uu, to 139 1I 834 1. (-47 211 --J r 716 102---) r Y m Q. U R a Figure 6 " 0� y O A 'r N O 0 O <' V � I A � o O A Jv y °off v � NI ry o0 w n � 'O A S' An mW ca N ro Z ?li �c yc 5 LL LL . RS O I - �ol m� O to 'q M N. Site Access �-- 62 I 350 L --IL 45 I (-85�J �— 1036 I I PROJECT SITE �- 236 N TDID LE- OLiVER AND ASSOCIATLS, INC. V Flu NIkM A IIM'M, ii'M1E IM f tn,IlMAlla, � i Wt,} Islll L•4SM:. rn 0 rn� L� c co S. Site Access 22 --� E U RS O V - O to 'q M A in N co �-- 62 I 350 L --IL (-85�J �— 1036 �- 236 Drew St (' 256 —J 78-J r 939 168--) U OiMO TDID LE- OLiVER AND ASSOCIATLS, INC. V Flu NIkM A IIM'M, ii'M1E IM f tn,IlMAlla, � i Wt,} Islll L•4SM:. rn 0 rn� L� S. Site Access 22 --� to 'q M �-- 62 I CD do C-4 r* W L --IL (-85�J AIL" 68 —! (' 256 —J 1112 46--) 1 N eo r, 589 380 --� 0 O CU N (-358 139 856 II 837 77 J � l.._ —(-47 719 � feer vONN 103 MOt� 1,mN Y m Q. U a Future PM Peak Hour, Peak Season Traffic Volumes with Project Figure 7 Table 3. Summary 2009 Future PM Peak Hour Peak Season Levels of Service. of 2008 w/o Protect 2008 w / Project 2008 w/o Project 2008 w/ Project Approach Movement LOBe lav V/C LOS Delay V/C Aporoach Movement LOS Delay V/C LOS Delay Y& ' US Hwy 19 N EB L E 61.3 0.75 E 65.6 0.80 Fairwood Ave EB L B 13.0 0.53 B 13.1 0.54 @ Drew St T D 38.7 0.63 D 38.7 0.63 @ Drew St TR B 173 047 B L (Signalized) R C 21.2 0.35 C 21.4 0.37 (Signalized) Total B 16.4 B 16.5 Total D 39.8 D 41.1 WB L B 17.4 0.20 B 11.3 0.12 W B L D 53.2 0.55 D 53.2 0.55 ig C 223 060 C223 061 ' T D 51.3 0.89 D 51.9 0.90 Total C 22.0 C 21.8 R C 20.9 0.33 C 20.9 0.33 Total D 46.0 D 46.5 NB L C 26.5 0.35 C 26.5 0.35 NB L E 58.4 0.90 T D 38.2 0.29 D 38.2 .0.29 E 61.4 0.92 R D 36.3 0.08 D 36.3 0.08 T D 52.3 0.89 D 52.3 0.89 Total C 32.0 C 32.0 R C 34.7 0.30 C 34.7 0.30 Total D 53.5 D 54.8 SB L C 30.9 0.18 C 30.9 0.18 SB L E 64.1 0.78 E 65.4 0.79 TR D 44.3 0.55 D 44.4 0.56 T E 55.2 0.81 E 56.2 0.82 Total D 40.1 D 40.2 R C 31.2 0.37 C 31.2 037 Overall C 22.4 0.72 C 22.3 0.72 ' Total D 52.7 D 53.7 Overall D 48.4 0.86 D. 49.4 0.88 N. Site Access @ EB R B 10.9 0.03 B 11.4 0.08 US Hwy 19 N Old Coachman Rd EB L C 237 0.35 @ Drew St TR D 50.4 0.94 C 23.8 0.35 (Unsignalized) D 51 5 0.95 ' (Signalized) Total D 48.6 D 49.6 . WB L C 32.5 0.62 C 33.5 0.64 S. Site Access @ EB R B 10.2 0.03 B 10.3 0.03 TR D 41.7 0.94 . D 42.3 0.94 US Hwy 19 N ' Total D 40.3 NB L C 28.0 0.54 D 41.0 (Unsignalized) C 28.0 0.54 T E 69.9 0.93 E 69.9 0.93 Site Access NB LTR F 73.8 0.71 E 36.8 0.49 R D 36.2 0.15 D 36.4 0.16 Total D 54.4 D . 54.2 @ Drew St SB LT F 154.4 0.45 F 221.8 0.90 SB L C 34.0 0.45 T D 47.4 0.64 C 34.1 0.45 (Unsignalized) R C 20.0 0.12 B 11.3 0.08 D 47.4 0.64 Total F 66.5 F 115.5 ' R D 39.0 0.09 D 39.0 0.09 Total D 43.0 D 43.0 Overall D 45.5 0.97 D 46.1 0.98 2008 Future w/o Prolect 2008 Future w/ Prolect Roadway Two -way Two -way Drew St Volume Capaci LOSS Volume Ca vac LOS Old Coachman Road to Fairwood Ave 3030 3390 C 3078 3390 C ' LOS, level of service Delay, average control delay, seconds per vehicle V /C, volume -to- capacity ratio ' Speed, average travel speed, miles per hour As shown in Table 3, under both-2008 future without and with project traffic conditions all three ' signalized study intersections and the. study segment continue to operate at, or better than, acceptable LOS D. At the .three signalized intersections, the overall delay with the project increases a maximum of 1 ' second. Therefore, the projects impacts on the nearby roadway network are estimated to be negligible. Also shown in Table 3; the lane v/c ratios of the unsignalized access driveways continue to indicate that ' none will exceed their capacities (v /c < 1.0). Worksheets documenting the 2008 without - project and 2008 with- project intersection and roadway levels of service are included in Appendix F and Appendix G, respectively. Tindale- Oliver and Associates, Inc. 13 HH Gregg Appliance Center 580001 -00.07 -October 30, 2007 Traffic Impact Analysis Conclusion ' • The HH Gregg Home Appliance Center site is proposed as 30 ksf Electronic Supterstore on the northwest corner at the intersection of US Hwy 19 access road @ Drew St. • The proposed redevelopment is estimated to generate 1,351 gross daily trip ends, with 135 gross ' trips (66 inbound, 69 outbound) during the PM peak hour of adjacent street traffic. • All signalized study intersections and the study roadway segment are estimated to operate at, or better than, acceptable LOS D during existing, future without- project, and future with - project traffic conditions. Furthermore, at all three unsignalized study access driveways lane capacities ' will not be exceeded (v /c < 1.0). • Based on this analysis the proposed redevelopment is estimated to have a negligible impact on the nearby roadway network and signalized intersections. • There are no roadwn improvements necessary in order to grant this project site plan approval. Tindale- Oliver and Associates, Inc. 14 HH Gregg Appliance Center ' 580001 -00.07 —October 30, 2007 Traffic Impact Analysis 1 r� 1 I' -1000 North Ashley Drive Suite 100 Tampa; Florida 33602 -3719 (813) 224 -8862 Fax (813)226-2106- 3660 Maguire Boulevard SuBe 103 Orlando, Florida 32803 -3059 (407) 896 -9200 Fax (407) 896 -9260 A 1 Tindale- Oliver & Associates, Inc. Planning quid Engineering October 22, 2007 Himanshu Patni City of Clearwater — Traffic Operations 100 S. Myrtle Avenue #220 Clearwater, FL 33756 Re: Traffic Impact Study Methodology HH Gregg Appliance. Center Clearwater, FL Mr. Patni Based on our conference call with you on Thursday, October 18, 2007, this letter summarizes our proposed traffic impact analysis methodology for the subject project. Please note that we have carried out the proposed methodology. through trip generation, distribution, and assignment to identify the affected study roadway network. Project Description The existing site is located on the northwest quadrant of US -19 and Drew Street and is currently occupied by an LA Fitness, a Floor and Decor home improvement store, a future Buffalo Wild Wings, and approximately 15,000 square feet of vacant space that was previously occupied by a restaurant and a Dollar Tree. Our client is seeking site plan approval to demolish the existing and vacant space and construct a 30,000 square foot retail space to be occupied by an HH Gregg Home Electronics Store. The subject site is anticipated to be constructed and occupied in 2008. The traffic impact study will be carried out, for this project, as follows: ' Tindale- Oliver & Associates, Inc. Planning and Engineering Mr. Himanshu Patni October 22, 2007 Page 2 of 6 Figure 1: Existing Site' Location Trip Generation Trip generation for the proposed use was estimated using the fitted -curve and average rate equations published in Trip Generation (Institute of Transportation Engineers, 7th edition, 2003). The result of the trip generation estimation is presented below in Table 1. ' Table 1. Summary of Trip Generation Estimate Daily PM Peak Hour ITE Land Use, Code, and Size Trips In Out Total ' Electronics Superstore 863(Average Rate) 30,000 sf 1,351 66 69 135 ' As shown in Table 1, using the ITE Trip Generation rates, the proposed rezoning could generate up to 135 net new PM peak hour trips (66 inbound, 69 outbound). ' Should additional information be used for the purposes of Trip Generation (i.e. previous studies of HH Gregg appliance stores), documentation will be provided to you for review, and approval. Site Traffic Distribution The distribution of project site traffic will estimated based on output of the Tampa Bay Regional Planning Model (TBRPM) Travel Demand Model. Using the gravity model and ' select -zone assignment functions, project site trip distribution will be. determined. The model output will be adjusted by hand, if necessary, based on engineering judgment and/or existing traffic- counts, to best reflect observed travel patterns in the project vicinity. The ' model output files and any adjustments will be provided for your review. Study Area Identification ' The study area mas determined based on our conference call with you and an assessment of the trip generation and estimated project impact area. The study network agreed to is as tfollows: Intersections • North Site Access @ US -19 Access Road (right -in /right -out) • South Site Access @ US -19 Access Road (right -in /right -out) • Site Acess @ Drew Street ' • Drew Street @ Old Coachman Road ' - 1000 North Ashley Drive Suite 100 Tampa; Florida 33602.3719 (813) 224 -8862 Fax (813) 226 -2106 - 3660 Maguire Boulevard Suite 103 Orlando, Florida 32803 -3059 (407) 896.9200 Fax (407) 896.9260 A- 2 t Tindale- Oliver & Associates, Inc. Planning and Engineering Mr. Himanshu Patni October 22, 2007 Page 3 of 6 Roadways • Drew Street @ US -19 • Drew Street @ Fairwood Drive • Drew Street from old Coachman Road to Fairwood Drive A field inventory of the study intersections will be conducted to document the geometries and auxiliary turn lane lengths. New or recently collected (less than one year old) PM peak period (4:00 p.m. 6:00 p.m.) turning movement counts will be used for the intersection analysis. Analysis PM peak hour analysis for the purpose of this traffic study will be undertaken using professionally accepted procedures. The intersections will be analyzed for the PM peak hour using the latest version of the HCS Program. The roadways will be analyzed using generalized FDOT capacity tables and/or the HCS Arterial Analysis program. The analysis will be undertaken for existing, 2008 without - project, and 2008 with - project conditions. Based on our review of the interchange at Drew Street and US -19, HCS may not be the most appropriate program for use in this analysis, and a Synchro analysis may be required to accurately reflect the .conditions. In this case we will provide both the HCS and Synchro analysis for your review. The future without- project traffic volume estimates will be based on the existing counts, adjusted to peak season with an applied 2% growth rate for one year. 1000 North Ashley Drive Suite 100 Tampa, Florida 3 36 02 -3 719 (813) 224 -8862 Fax (813) 226 -2106 — 3660 Maguire Boulevard SuBe 103 Orlando, Florida 32803.3059 (407) 896.9200 Fax (407) 896 -9260 A- 3 Tindale- Oliver & Associates, Inc. Planning and Engineering Mr. Himanshu Patni October 22, 2007 Page 4 of 6 Closure The analysis methodology, findings, and recommendations will be documented in a report. Required copies will be distributed as appropriate. If you concur with the methodology please sign and return a copy of this letter to me. If you would like to discuss changes, please get in touch with me at your earliest convenience. Sincerely, Tindale- Oliver and Associates, Inc. W. T. Bowman Transportation Engineer Copy: Project Team In agreement with Methodology: City of Clearwater Name Title date 1000 North Ashley Drive Suite 100 Tampa, Florida 33602 -3719 (813) 224.8862 Fax (813) 226 -2106 — 3660 Maguire Boulevard Suite 103 Orlando, Florida 32803 -3059 (407) 896.9200 Fax (407) 896 -9260 _ A- 4 1 W T. Bowman From: Himanshu.Patni @MyClearwater.com Sent: Monday, October 22, 2007 11:52 AM To: WT. Bowman ' Subject: RE: HH Gregg Appliance Store: TIS Methodology. Looks good. Please proceed. hanks, Himanshu - - - -- Original Message---- - From: WT. Bowman [ mailto :WBowman @tindaleoliver.com] Sent: Monday, October 22, 2007 9:15 AM To: Patni, Himanshu - Subject: RE: HH Gregg Appliance Store: TIS Methodology I revised the project location. Also, on page 3 of the methodology is indicates that I will use the latest version of HCS and /or Synchro. If you need me to reword something, let me know. Thanks WT ' From: Himanshu.Patni @MyClearwater.com [ mailto: Himanshu .Patni @MyClearwater.com] Sent: Friday, October 19, 2007 4:33 PM To: W T. Bowman ' Subject: RE: HH Gregg Appliance Store: TIS Methodology This looks good but please comment on and change the following: ' - Site is located on the NW corner of US 19 & Drew St. - Confirm that the LOS of the intersections (existing, background, future) and the segment on Drew St. will be analyzed and determined using HCS ± / Synchro. Thanks, Himanshu - - - -- Original Message---- - From: WT. Bowman [mailto :WBowman @tindaleoliver.com] Sent: Friday, October 19, 2007 4:14 PM ' To: Patni, Himanshu Subject: HH Gregg Appliance Store: TIS Methodology ' Himanshu, Find attached our proposed methodology, please let me know if you have any comments or additions, or simply let, me know of your approval. ' We look forward. to. working with you -WT W. T. Bowman ' A- 5 Tindale- Oliver & Associates, Inc. 1000 N. Ashley Drive, Suite 100 Tampa, FL 33602 l ' ph: 813.224.8862 fax: 813.226.2106 emal: wbowman @tindaleoliver.com l i. i m = Tindale-Oliver Aswdete; I= Intersection: Drew Street at US -19 (Total) Date. October 18, 2007 Source: Tindale - Oliver and Associates, Inc. (JE & BR) Peak Season Ad'uatment Factor: 1.98 . PM PEAK HOUR 674 911 219 140 461 298 234 575 365 174 834 351 5116 PEAK SEASON Irtersection: Drew Street at US -19 (Cars) Date: October 18, 2007 Source., Tindale - Oliver and Associates, Inc. (JE & BR) _mammommommom mammammommom m�m m�m m�m • �mm ©o ®m000mmm ®o ©000000® ®mm. �� ®m0000moo ® ©ooaoom® ®oo ®mmt ®m• �mmom000mmm ®oao© ®moo ®o® ®m• �m ®m ®omomoommm, ©m ®omoomt ©o® �m ®o ®moomomm�mt ®® ©v ©mom. ©mm �mmommm ®vvo ©ommomoommmt ®000000m ®mmomo �mm ®� ©moom ©a ®ore ® ®mommmt ©amore• ®a® �mm0000mmmm ©ammo ®Boo ©area ®vv ®ore ©000m ®mm. ®m, ©w0©w ®0®00M0® �o0000A000000� ®evoe Peak Season Ad'uatment Factor: 1.98 . PM PEAK HOUR 674 911 219 140 461 298 234 575 365 174 834 351 5116 PEAK SEASON Irtersection: Drew Street at US -19 (Cars) Date: October 18, 2007 Source., Tindale - Oliver and Associates, Inc. (JE & BR) Intersection: Drew Street at US -19 (Trucks) Date: October 18, 2007 Source: Tindale - Oliver and Associates, Inc. (JE & BR) _mammommommom mommommammom m�m m�m m�m • �o ©o ®o ©000000® �o ®000mo ® ©ooaoom® ®oo ® ®m• �mmmm000mmmm ®oao© ®moo ©o® ®m• �mmmmo ©o ©000000 ©m ®omoomt ©o® �mm© ©oa0000 ®mom ®® ©v ©mom. ©mm �mm ®vvo ©ommomoommmt ®000000m �mm ®mm ©a ®ore ® ©vv ©amore• ®a® ammo ©ammo ®Boo ©area ®vv ®ore ©000m ®ore• ®m, ©w0©w ®0®00M0® I�000000000000� ®evoe Intersection: Drew Street at US -19 (Trucks) Date: October 18, 2007 Source: Tindale - Oliver and Associates, Inc. (JE & BR) Intersection: Drew Street at US -19 (U -Turns and Right on Red) Date: October 18,.2007 Source: Tindale - Oliver and Associates, Inc. (JE & BR) _mammommommom m�m m�m m�m m�m • �o ©o ®o ©000000® �o ®mo ® ©ooaoom® �o ®oao© ®moo ©o® �o ©o ©000000 ©o® �o ©oa0000 ©v ©mm �o ®vvo ®000000m �0000 ©a ® ©vv ®a® �000® ©ammo ©area ®vv ©000m ®m, ©w0©w ®0®00M0® �MMMMM0000000M ®evoe Intersection: Drew Street at US -19 (U -Turns and Right on Red) Date: October 18,.2007 Source: Tindale - Oliver and Associates, Inc. (JE & BR) J1Clear -ter HC Grea910owRelDrm Q US -19As C- 1 m�m m�m m�m m�m • ©ammo ®vv ®am ®m, X0000 ®00�00�� aov0000 ®evoe J1Clear -ter HC Grea910owRelDrm Q US -19As C- 1 Tindale -Oliver A— dalaa. Inc. Intersection: Drew Street at Old Coachman Road (Total) Date: October 18, 2007 Source: Tindale- Oliver and Associates, Inc. (SM & BL) 11-Is ... on Ad ustment factor: 1.08 PM PEAK HOUR 166 375 B9 93 213 1 50. 76 1 914 165 727 1009 . 3717 PEAKSEASON Intersection: Drew Street at Old Coachman Road (Cars) Date: October 18, 2007 Source: Tindale- Oliver and Associates, Inc. (SM & BL) _mommommamm mommommammom ®mom ��om�00000a� ©0' 0' ©00 000 000 ©® _ �m0000ammo ©00000 ©m© ©® �mmoo ©mm ©oo ®oom ©o ®� �m000 ©o ©o ®mm�oo ©v ®o ®m �omam� ©moo ®�m� ®® Como ®om ©© ©moo ®mom® ©ooam ®mom �m ® ®mmmmm� ®mo ®mm ©ono �oomomam�oom® ®om�o ©aoa ©mom ®00 ©�0�� ©0000 ©0000 ®� �000000000000� ®0000000000 11-Is ... on Ad ustment factor: 1.08 PM PEAK HOUR 166 375 B9 93 213 1 50. 76 1 914 165 727 1009 . 3717 PEAKSEASON Intersection: Drew Street at Old Coachman Road (Cars) Date: October 18, 2007 Source: Tindale- Oliver and Associates, Inc. (SM & BL) Intersection: Drew Street at Old Coachman Road (Trucks) Date: October 18, 2007 Source: Tindale - Oliver and Associates, Inc. (SM & BL) _mommommamm mommommammom ®mom ��om�00000a� ©0' 0' ©00 000 000 ©® _ �oomoo ©00000 ©® �ommm ©ommm ©oo ©o ©� �m000 ®o�oo�o ©am000 ©v ©mm ®m �omam� ©moo ®�m� ®® Comm ®o ©© ®mom® ©ooam �0000�000000a® ® ® ®mo ®mm ®mmm� �oma� ®om�o ©aoa ©mom ®00 ©�0�� ©0000 ©0000 ®� �000000000000� ®0000000000 Intersection: Drew Street at Old Coachman Road (Trucks) Date: October 18, 2007 Source: Tindale - Oliver and Associates, Inc. (SM & BL) Intersection: Drew Street at Old Coachman Road (U -Tums and Right on Red) Date: October 18, 2007 Source: Tindale- Oliver and Associates, Inc. (SM & BL) _mommommamm ®mom ��om�00000a� ©0' 0' ©00 000 000 ©® �oomoo ©00000 ©® �oa0000 ©oo ©oo® moo ®o�oo�o ©v ®m �oom0000o000 ®® ��om00000 ©ooam �0000�000000a® �ooaooa000000® ©aoa ©aa® ®00 ©�0�� ©0000 ©0000 ®� ®0000000000 Intersection: Drew Street at Old Coachman Road (U -Tums and Right on Red) Date: October 18, 2007 Source: Tindale- Oliver and Associates, Inc. (SM & BL) C- 2 J1Ckar,Wu HC CngglCoaMClDrae @ Old Ocachm —N _mommommamm ®mom ��om�00000a� ©® �oomoo ©00000 ©® �oa0000 ©oo ©oo® moo ®o�oo�o ©v ®m �oom0000o000 ®® ��om00000 ©ooam �0000�000000a® �oamoo ©aoa ©aa® 0�000� ©0000 ®� 000000000000 C- 2 J1Ckar,Wu HC CngglCoaMClDrae @ Old Ocachm —N Intersection: Drew Street at Fairwood Avenue (Total) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (SM & TM) Peak Season Adjustment Factor: 1.10 PM PEAK HOUR 732 1 102 1 63 fie 52 1 129 1 207 702 1 100 A6 file 136 2555 PEAK SEASON Intersection: Drew Street at Fanwood Avenue (Cars) - Date: October 23, 2007 Source: Tindale - Oliver and Associates, Inc. ISM & TM) - mommammommam �0000000 ©oommo ©�aoo� ©vv ©� �mmomomo ©000000A00 ©aom ®0000a® ®mom ©0 ®m. � �mmmmomm ©v ®v ®mmmo ©vv ®m ®' �000000 ®mommomm ©oao ®mmmm ©om ®m �mmmmommmmom ©momomm ® ®om ®m. �mmmmmommmomm ©mo ®om ©mm ®® ®I �mmmmmmmmommom, 0000 ®m0m�m�mm ©v ®oo ©aomo ©mo �mmommoo ©oomam000m® ®om ®m ®� X0000000 © ©O ®0� ©000 ® ©® X000000000000 ®OCO� Peak Season Adjustment Factor: 1.10 PM PEAK HOUR 732 1 102 1 63 fie 52 1 129 1 207 702 1 100 A6 file 136 2555 PEAK SEASON Intersection: Drew Street at Fanwood Avenue (Cars) - Date: October 23, 2007 Source: Tindale - Oliver and Associates, Inc. ISM & TM) - Intersection: Drew Street at Fairwood Avenue (Trucks) Date: October 23, 2007 Source., Tindale- Oliver and Associates, Inc. (SM & TM) mommammommam �0000000 ©oommo ©�aoo� ©vv ©� �mmomomm ©000000A00 ©aom ®0000a® ®mommm ©0 � 0000 ©v ®v ©ooa ©vv ®m �000000 ®mommomm ©oao ®mmmm ©om ®m �mmmmommmmom ©0000 ®® �mmommmom ©mo ®om ©mm ®® ®mm�m 0000 ®m0m�m�mm ©v ®oo ©aomo ©mo �mmammmomommm® ©oomam000m® ®aoom© X0000000 © ©O ®0� ©000 ® ©® X000000000000 ®OCO� Intersection: Drew Street at Fairwood Avenue (Trucks) Date: October 23, 2007 Source., Tindale- Oliver and Associates, Inc. (SM & TM) Intersection: Drew Street at Fairwood Avenue (U -Tums and Right on Red) Date: October 23, 2007 Source: Tindale - Oliver and Associates, Inc. ISM & TM) mommammommam �0000000 ©oommo ©�aoo� ©vv ©� moo ©000000A00 ©aom ®0000a® ©0 � 0000 ©v ®v ©ooa ©vv ®m �000000 ©oao ©om ®m �000000000000® ©0000 �00000mo ©mo ©mm ©® �oos� 0000 ©v ®oo ©aomo ©mo �aoa0000 ©oomam000m® ®aoom© X0000000 © ©O ®0� ©000 ® ©® X00000000 ®OCO� Intersection: Drew Street at Fairwood Avenue (U -Tums and Right on Red) Date: October 23, 2007 Source: Tindale - Oliver and Associates, Inc. ISM & TM) nnda"INer Ass Mes, Im JAClearwater HC GreggtrountstDmw Fanwood.& - C- 3 mommammommam moo ©oommo ©vv ©� moo ©aom ®0000a® �oomom000 ©vv ©® �0000mo ©0000 ®m �oom00000 ©0000 �oom00000000 ©® �000000 ©v ©aomo Boa ©oomam000m® X00060 © ©O ©000 �000000000000� nnda"INer Ass Mes, Im JAClearwater HC GreggtrountstDmw Fanwood.& - C- 3 Intersection: Drew Street at Project Site Driveway (TotaQ Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (BR) Peak Season Ad ustment Factor: 1.10 PM PEAKHOUR 22 3 74 W 8 32 54 0 46 85 0 - 42 376 PEAKSEASON Intersection: Drew Street at Project Site Driveway (Cars) Date: October 23, 2007 - Source: Tindale- Oliver and Associates, Inc. (BR) - m00mOmmOmmOm® ©Om00mOm m ®m ®OmmOm ®Om® �0 000000000 ©� ©0000' ©000000• 0000® 000© X000 ©00 ©00000 ®0000 000 ©0 0 '� ©om ©v ©aoa ®OOmO ©a ©m �oom0000a00000 ©oo ©a ® ©mommomm ®mm© �oomoommommo ®00000000 ©om ©vv© ©0 � ©om ©v ©o0m0omm ®00 0 �OOmo 0 ©mmo0moa0 ©OOOOO© 0 �m00000oo ®omo0mmoamomm 0000000000 ®OOOOao ®OOa® X90 0 ©�000�0� ®000000 ©�0000® ©00® ��0000000��0� ®�� ®000�0� Peak Season Ad ustment Factor: 1.10 PM PEAKHOUR 22 3 74 W 8 32 54 0 46 85 0 - 42 376 PEAKSEASON Intersection: Drew Street at Project Site Driveway (Cars) Date: October 23, 2007 - Source: Tindale- Oliver and Associates, Inc. (BR) - Intersection: Drew Street at Project Site Driveway (Trucks) Date: October 23, 2007 - Source: Tindale- Oliver and Associates, Inc. (BR) I_m m00mOmmOmmOm® ©Om00mOm m ®m ®OmmOm ®Om® �0 000000000 ©0 ©OO ©000000• 000© X000 ©00 ©00 ®0000 000® ©0 �0000000o0o00a ®00 ®0 © ®OOmO ©Oi �oom0000a00000 ®00 © ® ®00000m0 ®mm© X00 ®00000000 ©om ©vv© ©® � ©00 ©0 ©00m ®00 0 X000 0 ©0000000 ©OOOOO© 0 �m00000oo ©00 0000000000 ®OOOOao ®OOa® X90 �oo�ao ®000000 ©�0000® ®000 X000 ®�� ®000�0� Intersection: Drew Street at Project Site Driveway (Trucks) Date: October 23, 2007 - Source: Tindale- Oliver and Associates, Inc. (BR) I_m morn ©Om00mOm m ®m ®OmmOm ®Om® X000 000000000 000000 000© X000 000000000 000 ©00 000® �0000000o0o00a �oom0000a00000 ®mm© �om00000o0o0mo ©om ©vv© �OOOOOmo�0000© �OOOOOOOOOOOO� ©OOOOO© �m00000oo ®OOOOao ®OOa® X90 �oo�ao ®000000 ©�0000® ®000 X000 ®�� ®000�0� Intersection: Drew Street at Project Site Driveway (U -turns) Date: October 23, 2007 Source: Tintlale - Oliver and Associates, Inc. (BR) . JACle —ter HC GreggXC -Ns'Dr Drlvemy. b C- 4 morn m ®m ®OmmOm X000 000000 ®00® X000 000 ©00 ©00© �om0ooaooaoa0© �OOOm00000 ®mm© �OOOOOO ©om ©vv© �OOOOOOOOOOOOo �eAOOOOO ©OOOOO© �OOOmoa ®OOOOao �oo�ao ©�0000® �ooee�000�ooe� JACle —ter HC GreggXC -Ns'Dr Drlvemy. b C- 4 TindaleOliver Associates, Ins. Intersection: US -19 at Project Site north Driveway (Total) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (BL) Peak Season Adjustment Factor. 1.10 PM PEAK HOUR 0 0 0 0 0 29 0 0 17 0 0 0 I6 PEAKSEASON _ Intersecdon., US -19 at Project Site north Driveway (Cars) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (BL) - 000 000 000 000 • X0000000000000 000' 000 000' 000 0 X00000 000 00 ©00 000 ©000 000 0 X00000000 000 000 00 ©0000 000 0 X0000000000000 000 000 000 000 0 �OOO00000 000 000 000 ®000® 000 0 X0000000000000 X0000000000000 000 000 000 000 0 X0000000000000 X6666666666660 0000000 ®000 X000060000000 Peak Season Adjustment Factor. 1.10 PM PEAK HOUR 0 0 0 0 0 29 0 0 17 0 0 0 I6 PEAKSEASON _ Intersecdon., US -19 at Project Site north Driveway (Cars) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (BL) - Intersection:. US -19 at Project Site north Driveway (Trucks) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (BL) 000 000 000 000 • X0000000000000 X00000 000 000 ©0000000 000 000 0 000 000 00 ©000 000 0 X0000000000000 000 000 000 000 0 �OOO00000 000 000 000 ®000® 000 0 �OOOOOO00000o0 X0000000000000 000 000 000 �� X0000000000000 X6666666666660 666660006666 X666666666666 Intersection:. US -19 at Project Site north Driveway (Trucks) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (BL) JACleaneeter HC Gre99 \Counts \US -19 ® rwrlft OnvevrayAs C- 5 000 ®00 ®00 000 X0000000000000 000 000 000 000 0 000 000 000 000 0 X0000000000000 000 000 000 000 0 X0000000000000 000 000 000 �� X0000000000000 X6666666666660 �666666666666� JACleaneeter HC Gre99 \Counts \US -19 ® rwrlft OnvevrayAs C- 5 L Intersection: US -19 at Project Site south Driveway (Totaq Date: October 23, 2007 Source: Tindale - Oliver and Associates, Inc. (JE) Peak Season Adjustment Factor: 7.70 PM PEAKHOUR 0 0 0 0 0 31 PEAK SEASON Intersection: US-19 at Project Site north Driveway (Cars) Date. October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (JE) 000 '00000 000 000 000 000 ©000000© �00 000 �00 0 �00000000000a© �000000000000© �000000000000© �■00000000a000© ��0000 �00000a000000m ®�o�0000 �00000000 ��0000aoo ©0000 ©000� �ooaoaaooa000� �00000aoaooaoo X00000 a000000�ooao� ©000000® ©000000© X000000000000 �0000�00000ae� ®00 Peak Season Adjustment Factor: 7.70 PM PEAKHOUR 0 0 0 0 0 31 PEAK SEASON Intersection: US-19 at Project Site north Driveway (Cars) Date. October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (JE) Intersection: US -19 at Project Sde nosh Orlveway (Trucks) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (JE) 000 000 000 000 000 �00 000 �00 0 �oa000000000�o �0000000000000 ��0000 �0000000000000 ®�o�0000 �00000000 ��000000�000�� ©0000 �ooaoaaooa000� �oo�oao�■a000a� X00000 000000000000 ©000000® ©000000© X000000000000 �00000000� ®00 Intersection: US -19 at Project Sde nosh Orlveway (Trucks) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (JE) Intersection: US-19 at Project Site north Driveway (Kanes) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (JE) 000 000 �00 �00 0 �oa000000000�o �0000000000000 �0000000000000 ��000000�000�� oo�oao�■a000a� 000000000000 ©000000© �00000000� ®00 Intersection: US-19 at Project Site north Driveway (Kanes) Date: October 23, 2007 Source: Tindale- Oliver and Associates, Inc. (JE) Tlndak OlNer As Mes, Inc. C- 6 J:Ve —ter HC Greggtr —u WS -19 ® south Drt —yxh �000aaa0000aoo X0000 ©000000© �oe�oeevavovo� Tlndak OlNer As Mes, Inc. C- 6 J:Ve —ter HC Greggtr —u WS -19 ® south Drt —yxh 10/25/2007 09:15 7275624755 ENG FAX MESSAGE rwater .0 1 DATE: 10/25/07 FROM: CORY MARTENS CITY OF CLEARWATER TRAFFIC ENGINEERING SENDING LOCATION FAX NUMBER: (727) 562 -4755 OFFICE TELEPHONE NUMBER: (727) 562 -4747 PAGE 01 TO: LOYEL SHAW ' LOCATION: TINDALE OLIVER FAX NUMBER: 813 7,226 -2106 MESSAGE: Following Is the timing information you requested for the intersections along Draw St. from Old Coachman Rd. to Fairwood Av. /Park Place 7 ' 10/25/2007 09:15 7275624755 ENG PAGE 02 CONTROLLER TDH NG SHEET 'INTERSECTION: DREW S K * N. OLD COACHMAN RD. INTERSECn0N 660 PHASE 1 DREW 3T Mr PHASE 5 DREW ST. I "Lr 1880 EL PHASE 2 DREW 6- . WV PHASE 6 DREW $T. _ PEDESTRIAN ASSIGNMENT 4-6 N/A D13 ACTIVATE SPECIAL PROGIRAM PRASE 3 N. OLD COACHMAN RD.' .531T PHASE 7 N. OLD COACHMAN RD, Nar START -UP PHASES PRASE 4 N, OLD COACHMAN RD NO PHASE 8 N. OLD COACHMAN RD. 53 ' EFFECTIVE DATE: /2 / 9 / 98 TIME: RED REVERT AM/PM BY: ENABLI; DUAL ENTRY 3 MM 3, 3,1 8 -24 . M.T.C.S. PICK -UP 1880 1880 CONTROLLER INTERVAL. PHASE PRASE PHASE PRASE PHASE PHASE PRASE PHASE EL E 1 2 3 4 5 6 7 8 01 INITIAL 5 /0 5 /0 5 /0 5 /01 ' 02 03 PASSAGE YELLOW 3 4 3 4 3 4 .3 4 N 3.6 4.3 3 3.6 3.6 4.3 3 3.6. 04 REb CLEARANCE 313 ,?.O 3 „3 2.7 3.3 2.0 3.3 2.7 05 MAXIMUM 1 15 30 /5 25 15 30 15 25 06 MAXIMUM 2 O O O O O O O O ' 07 WALK O /0 0 /0 O /O O /0 08 FLASHING} DON'T WALK O /6 O 2C O . /B Q 26 09 MINIMCJM RECALL O l O O O / O 0 10 MAXIMUM RECALL. O O O 0. O O .0 O 11 PEDESTRIAN RECALL O O O O O O O O 12 MEMORY OFF l I l I l l l / M 13 CALL TO NON ACT. 1 O / O O O / Q O 14 CALL TO NON ACT., 2 O I O 0 O / O O 16 I8 PHASE OMIT SOFT RECALL O D O O O O O O O O O O O O O 0 SPECIAL FUNCTIONS NnTF.0 1880 EL 1880 E FUNCTION ENTER MM, 3, 3, 2 0 -13 _ PEDESTRIAN ASSIGNMENT 4-6 N/A 0 -27 ACTIVATE SPECIAL PROGIRAM 0-0 0 -29 PHASE AFTER UNIPORM FLASH 2 - 6 0 -30 START -UP PHASES ,2 - c MM, 3, 1,1 0 -31 PHASES PRIOR TO UNIFORM FLASH 4 - 6 0 -87 COMMUNICATION ADDRESS 2 0 -90 RED REVERT 0-98 ENABLI; DUAL ENTRY 3 MM 3, 3,1 8 -24 . M.T.C.S. PICK -UP / DIP SWITCRES COMP i!�ddddddod; d C- 8 ' 10/25/2007 09:15 7275624755 ENG PAGE 03 X 1880EL TIME BASE COORDINATION DATA INTERSFCTION # 660 i INTERS + CTION: DREW 57. e N. 010 COACHMAN RD. ' Main Menu, 3, 3, 1 (MM, 3, 3, 2) OPE,RATI0IVAL DATA HOLD PRASE i ASSIGNMENT FUNCTION YES NO RING 1 . RING 2 UNUSED TIME TO SIDE STREET 60 )( CIRCUIT 4 TO ,A,UX T.O.D. CYCLE 3 X ENABLE FLASH BY CIRCUIT 1 127 X CALL MAX Il WITH CIRCUIT 9 END PERM 1 X INVERT FREE INPUT OF TBC Ph. 2 X TBC TO ACT'IV'ATE CNA -1 X Ph. 6 TBC TO ACTIVATE WRM X # TBC TO INHIBIT MAX TIMERS X /19 UTCS LOCAL PICK-UP X 22 FULL DWELL X /6 2 6 F' A "YES" WILL RELEASE TBC CONTROL FOR FREE OPERATION iSPUT S.ETT17VGS (MM, 3, 3, 3) PG'DN L (MM, 3, 3, PG'DN, 3) CYCLE LENGTH SECONDS CYCLE 1 60 CYCLE 2 105 CYCLE 3 120 CYCLE 4 127 SPLIT PLAN EBLT W6 561T NB WBLT EB NBLT 5B START PERM 1 END PERM 1 PLAN Ph.1 Ph. 2 Ph- 3 Ph. 4 Ph. 5 Ph. 6 Ph. 7 Ph. 8 # TYPE 1 /19 /6 22 /6 /6 22 0 5 10 NlGKT 2 /0 14 26 /6 14 26 O 5 / 1 AM 3 195 / 7 2 / 16 17 21 O 5 06 BALANCED 4 20 16 30 20 16 130 0 5- l2 PM 5 SPLIT MATR X (1VI1VI, 3, 3, PG'DN, 1) AM PEAK AM OFF -PEAK BALANCED NIGHT CYCLE # OFFSET 1 . OFFSET 2 OFFSET 3 OFFSET 4 i I / 2 3 3 4 2 OFFSET VALUE (1VIM, 3, 3, PG'DN, 2) AM PEAK AM OFF -PEAK BALANCED NIGHT CYCLE # OFFSET I OFFSET 2 OFFSET 3 OFFSET 4 ' I 0.4 2 05 3 ' 4 04 C- 9 PM PEAK OFFSET 5 4 PM PEAK OFFSET 5 76 ' 10/25/2007 09 :15 7275624755 ENG PAGE 04 8$Uyy IrTmv Ul' -nAy- DATA INTERSECTION # 660 ' INTERSECTION-. L?Xf W5T. * N. OLD COACHMAN RD (MM, 3, 2, QG'DN, 3) (MM, 3, 2, PG'DN, 2) WEEK OF BRAN ASSIGNMENT' WERKLYPROGRAMPLAN ■ ■ ■ ■ ■ ■ WEEK # PLAN 0 WEEK # PLAN WEEK # PLAN # WEEK # PLAN. # 61 O 14 O 27 p 40 O 02 O Manama O 28 O 41 O �m.mm-■■ O 16 O 29 O 42 O 04 O 17 O 30 O 43 O • .05 O 1$ O mo■. O 44 O mmmmm.■. 1 O 19 O 32 O 45 4 07 O 20 O 33 O 46 O 08 0- 21- --- 34 p ■.I, D ©m O 22 m--■ 35 O 48 ■I 10 O 23 O 36 p 1 49 O 11 O 24 O 37 O 50 O WEEK # PLAN 0 WEEK # PLAN WEEK # PLAN # WEEK # PLAN. # 61 O 14 O 27 p 40 O 02 O 15 O 28 O 41 O 03 O 16 O 29 O 42 O 04 O 17 O 30 O 43 O • .05 O 1$ O 31 O 44 O 06 1 O 19 O 32 O 45 4 07 O 20 O 33 O 46 O 08 0- 21- O 34 p 47 D 09 O 22 O 35 O 48 O 10 O 23 O 36 p 1 49 O 11 O 24 O 37 O 50 O 12 O 25 O 38 O 51 O 13 1 O 1 26 O 39 1 O 52 1 O ■ (MM, 3, 2, 3) BASE DAY PLANS BASE DAY O PROORAM { WEfKDRY ) BASE DAY / PROGRAM ( WNM&NO ) (CYCLE 2 + 3. = CYCLE 4) ' SPECIAL FUNCTION 1 - SPECIAL PUNCI`ION 2 = EFFECTIVE DATE 41112004 ■ C -10 ' 10/25/2007 09:15 7275624755 ENG PAGE 05 Phase Drew St. & U.S. 19 Signal Coutrollear Timing ' 4121/06 5 6 ]phase 1 Drew St. Phase 2 Drew St. EBLT WB WOW Phase 2R Drew St. WBRT xf no pedestrian call on Phase 2 or 3 3 Phase 3 U.S. 19 SBLT ' Phase 4 U.S. 19 NB Passa a Phase 5 Drew St. WBLT 3.0 Phase 6 Drew St. EB ' Phase 6R Drew St. EBRT if no pedestrian call on Phase 6 or 7 Yellow Phase 7 U.S. 19 NBLT 4.0 Phase 8 U.S. 19 SB ' . 4.0 Red 2R OLA/NOT FED 2 +3 5.6 6.2 6R OLB/NOT PETS 6 +7 5.4 5.6 6.2 2.5 Phase 1 2 3 4 5 6 7 8 WOW 3 10 3 10 3 10 3 10 Passa a 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Yellow 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Red 5.4 5.6 6.2 2.5 5.4 5.6 6.2 2.5 Walk 5 5 5 5 Ped CIr 16 23 20 23 Max t 20 45 20 40 20 45 20 40 Mica Rel X x C -11 1� 1 1 1 1 1 1 1 1880 EL 10/25/2007 09:15 7275624755 ENG PAGE 06 PHASE 2 CONTROLLER TIMING SHEET PHASE 5 ACCE55 RV, A * DREW 5T. PHASB 7 INTERSECTION # 750 - INTmsECTION: INITIAL 5 /0 PHA SE 1 DREW3T. =BL 7' PHASE 5 VREW -9T. - -"L7' /0 PHASES PRIOR TO UNIFORM FLASH 2 DREW•97• WD PHASE 6 DREW 5r E5 PASSAGE 'PHASE PHASE 3 PI4ASE 7 2 2 PRASE 4 ACCE53 RV. A NB PHASE 8 ACC555 RD. A `,3B M.T.C.S. PICK -UP EFFECTIVE DATE: 12 / I R / 05 TIME: YELLOW AM/PM BY: G, Weaver 1� 1 1 1 1 1 1 1 1880 EL 880 E CONTROLLER iNTERVA� PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 PHASB 7 PHASE 8 - o1 F02 INITIAL 5 /0 0 -30 5 5 /0 PHASES PRIOR TO UNIFORM FLASH 5 0 -87 PASSAGE 2 3 2 2 3 MM 3, 3,1 2 M.T.C.S. PICK -UP 03 YELLOW 4.0 4.0 3.5 4.0 43.5 04 )RED CLEARANCE' 4.1 2.3 4.1 4.1 2.3 4.1 05 MAXIMUM 1 15 40 25 1 /5 . 40. .25 06 MAXIMUM 2 O 1 O 0 O O O 07 WALK O 6 4 0 61 1 4 08 FLASHING DON'T WALK 0 20 23 0 20 23 09 MINIMUM RECALL 0 / 0 O l 0 10 MAXIMUM RECALL 0 0 0 0 0 0 I I PEDESTRIAN RECALL 0 0 0 0 0 0 -" 12 MEMORY OFF / 0 / / 0 / e.i 13 CALL TO NON ACT. 1 O / 0 O / D 14 CALL TO NON ACT. 2 0 / 0 0 1 0 16 PHASE OMIT 0 0 O O 0 0 18 SOFT RECALL SPECIAL FUNCTIONS NOTES 1880 EL 1880E I FUNCTION 7 ENTER MM, 3, 3, 2 0 -13 PEDESTRIAN ASSIGNMENT 4-6 NIA 0.27 ACTIVATE SPECIAL PROGRAM - MM, 3, 1, 1 0 -29 PHASE AFTER UNIFORM FLASH 2-6 0 -30 START -UP PHASES 2-6 0 -31 PHASES PRIOR TO UNIFORM FLASH 4-6 0 -87 COMMUNICATION ADDRESS 0 -90 RED REVERT 0-98 ENABLE DUAL ENTRY 3 MM 3, 3,1 8 -24 M.T.C.S. PICK -UP NO 12112105 Placed into free operators. No TBC per G, Weaver. ' DIP SWITCHES COMPUTER C01fmom, Mogen ©al u� 'um � � � �® imoms.©..©; i-m-®' ' C- 12 10/25/2007 09:15 7275624755 ENG PAGE 07 CONTROLLER TEWNG SHEET 'INTERSECTION: DREW .5 T, PAIRWOOD AV. PHASE 1 INTERsEcTloN # 760 PHASE 4 PHASE 1 DREW 5T. MIT PHASE- 5 DR&W 5T. WB4T 01 PHASE 2 DREW 5T WB PRASE 6 DRAW 5T. 59 4 7 ■ PHASE 3 FAIRWOOD AV. 5BLT PHASE 7 PARK PLACE BV NBLT O PHASE 4 PARK PLACE No PHASE 8 FAIRWOOD AV. 3B ■ N 99 YELLOW 3 3.6 3 EFFECTra DATE: l l 130 1 TIME: .3 AM/PM BY: 3 h !J 7 1 1880 BL 1880 B CONTROLLER INTERVAL PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6 PHASE 7 PHASE 8 0-0 01 INITIAL 4 7 4 5 4 7 4 5 0 -87 02 PASSAGE 2 O 2 3 2 O 2 3 N 03 YELLOW 3 3.6 3 3.2 .3 3.6 3 3.2 04 RED CLEARANCE 1.6 / . 6 1.6 2.5 1.9 1,6 l . 6 2,3 05 MAXIMUM 1 20 40 /5 30 15 40 15 30 06 MAXIMUM 2 O O O 0 0 O O 0 07 WALK 0 7 0 /0 0 7 O /0 08 FLASHING DON'T WALK O /0 0 25 0 /0 O 25 09 MINIMUM RECALL O l 0 0 0 / O O 10 MAXIMUM RECALL O O O O O O O 0 M 11 PEDESTRIAN RECALL 0 O 0 0 0 0 O O M 12 MEMORY OFF / O 1 / 1 O 13 CALL TO NON ACT. 1 0 / O 0 0 / D 0 14 CALL TO NON ACT. 2 0 / O 0 O / O O 16 PHASE OMIT O O O O O 0 O O 18 SOFT RECALL O 0 0 O O O 0 O SPECTAL FiJNC`TTONS 1880 EL 1880 E FUNCTION ENTER MM, 3, 3, 2 0 -13 PEDESTRIANASSIGNMENT 4-49 NIA 0 »27 ACTIVATE SPECIAL PROGRAM 0-0 MM, 3, 1, 1 0 -29 PRASE AFTER UNIFORM FLASH 2-6 0-30 START -UP PHASES 2-6 0-31 PHASES PRIOR TO UNIFORM FLASH 4-6 0 -87 COMMUNICATION ADDRESS 7 0 -90 RED REVERT 0 »98 ENABLE DUAL ENTRY 13 MM 3,3, 1 8 -24 M.T.C_S. PICK-UP I DIP SWITC"HFS compTTTH:R C'CINTRnir. C- 13 Ruo s d cycle Y14d Pa c Sec �9 NOTES Sy 4C6K cL � r � /lq PO 'G�k 110 J -317 -4/8 +15 1,5� -4 l 15 ku4e ., AAy uKaw-Q 41 Me M,'A spree- +(Z/r,) HCS +- DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale Oliver & Assc Date Performed 1012212007 Time Period PM Peak Intersection Drew @ US 19 Area Type All other areas Jurisdiction Pinellas Analysis Year 2007 Project ID HH Gregg Appliance Center - Exsitin EB WB NB SB LT TH RT LT TH I RT LT I TH RT LT I TH RT Number of Lanes, Ni 2 2 1 2 2 1 2 2 1 2 2 1 Lane Group L T R L T R L T R L T R Volume, V (v ph) 234 575 365 174 834 351 674 811 219 240 461 288 % Heavy Vehicles, %HV 3 3 1 2 2 1 0 0 1 0 2 2 2 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 10.94 0.94 10.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 130 0 0 128 0 0 99 0 0 111 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 1 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left Thru & RT 03 04 Excl. Left NB Only Thru & RT 08 Timing G= 12.0 G= 34.0 G= G= G= 11.7 G= 12.0 G= 21.0 G= IY= Y= 9.4 Y= 9.4 Y= Y= Y= 4 Y= 0 Y= 6.5 Duration of Analysis, T = 0.25 C cle Length, C = 120.0 Lane Group Ca aci , Control Delay, and LOS Determination EB WB NB SB LT I TH RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 249 612 250 185 887 237 717 863 128 255 490 188 Lane Group Capacity, c 340 995 727 344 1015 742 809 985 444 335 621 521 v/c Ratio, X 0.73 0.62 0.34 0.54 0.87 0.32 0.89 0.88 0.29 0.76 0.79 0.36 Total Green Ratio, g/C 0.10 0.28 0.46 0.10 0.28 0.46 0.23 0.28 134.3 0.28 0.10 0.17 0.33 Uniform Delay, di 52.4 37.3 20.8 51.4 41.0 20.6 144.6 41.5 152.8 47.4 130.6 Fgression Factor, I 1.000 I 1.000 I 1.000 I 1.000 I 1.000 I 1.000 11.000 I 1.000 I 1.000 I 1.000 I 1.000 11.000 D- 1 Delay Calibration, k 0.29 0.20 0.11 0.14 0.40 0.11 0.41 0.40 0.11 0.31 0.34 0.11 Incremental Delay, d2 7.9 1.1 0.3 1.7 8.6 0.3 11.6 9.0 0.4 9.8 6.8 0.4 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 60.4 38.5 21.1 53.0 49.5 20.8 56.3 50.5 134.6 62.6 154.2 31.1 Lane Group LOS E D C D D C E D C E I D C Approach Delay 39.5 44.8 51.7 51.8 Approach LOS D D D D Intersection Delay 47.3 X = 0.84 Intersection LOS D D- 2 HCS +TM Version 5.21 Generated: 10/30/2007 10:19 AM Initial Unmet Demand, Qb 0.0 HCS +- DETAILED REPORT 1 0.0 0.0 11.000 General Information 0.0 0.0 10.0 0.0 Site Information Ped / Bike / RTOR Volumes 0 0 6 Analyst LSS Agency or Co. Tindale- Oliver & Assc Date Performed 1012212007 Time Period PM Peak 0 31 Intersection Drew @ Old Coachman Area Type All other areas Jurisdiction Pinellas Analysis Year 2007 Project ID HH Gregg Appliance Center - Existing 0 _J 0 0 24 Lane Width 12.0 12.0 0.11 10.1 12.0 12.0 11.3 12.0 EB 12.0 12.0 WB NB Parking / Grade / Parking N SB N LT TH RT LT TH RT LT TH RT LT I TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 1 1 1 1 1 Lane Group L TR L TR 0 L T R L T R Volume, V (v ph) 76 914 165 227 1009 340 186 375 99 93 213 50 % Heavy Vehicles, %HV 0 2 1 0 2 0 2 0 1 2 3 1 0 Peak -Hour Factor, PHF 0.91 0.91 10.91 Duration of Analysis, T = 0.25 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 249 2.0 2.0 204 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 409 2.0 2.0 391 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 0.61 3 3 0.52 3 3 3 3 3 3 Unit Extension, UE 13.0 3.0 1�. 0.61 3.0 13.0 11.000 11-000 3.0 3.0 3.0 3.0 3.0 3.0 F i l to ri n a /Metering . I 11.000 0 00 28.9 30.3 K 000 11 44.4 F000 F000 .000 F000 V 000 Initial Unmet Demand, Qb 0.0 0.0 1 0.0 0.0 11.000 0.0 0.0 0.0 10.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 6 0 0 31 0 0 50 0 0 24 Lane Width 12.0 12.0 0.11 10.1 12.0 12.0 11.3 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Excl. Left WB Only EW Perm 04 Excl. Left NB Only NS Perm 08 .Phasing Timing G= 12.0 1Y= G= 11.0 G= 44.1 G= G= 11.6 G= 4.4 G= 24.3 G= 0 IY= 0 Y= 6.3 Y IY= 0 Y= 0 Y= 6.3 IY= Duration of Analysis, T = 0.25 Cycle Length, C = 120.0 Lane Group Capaciltyy, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH I RT LT TH RT Adjusted Flow Rate, v 84 1179 249 1449 204 412 54 102 234 29 Lane Group Capacity,c 244 1276 409 1579 391 454 382 235 374 327 v/c Ratio, X 0.34 0.92 0.61 0.92 0.52 0.91 0.14 0.43 0.63 0.09 Total Green Ratio, g/C 0.47 0.37 0.61 0.46 0.39 0.24 0.24 0.30 0.20 0.20 Uniform Delay, di 22.3 36.3 1 28.9 30.3 26.4 44.4 35.9 32.5 43.7 38.9 Progression Factor, PF 1.000 1.000 1 1.000 11.000 11.000 1.000 1.000 11.000 1.000 11.000 Delay Calibration, k 0.11 0.44 0.19 0.44 1 1 0.13 1 0.43 0.11 0.11 1 0.21 0.11 10.1 Incremental Delay, d2 0.8 11.3 2.6 8.9 1.3 21.8 0.2 1.3 3.3 D- 3 ueue D elay, d30.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 EInitial l. Delay 23.2 47.7 31.6 39.3 27.7 66.2 36.1 33.8 47.0 39.0 Lane Group LOS C D C D C E D C -D D Approach Delay 46.1 38.1 52.0 42.7 Approach LOS : D D. D D Intersection Delay 43.4 X = 0.95 Intersection LOS D HCS +- DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale - Oliver & Assc Date Performed 1012412007 Time Period PM Peak Intersection Drew @ Fairwood Area Type All other areas Jurisdiction Pinellas Analysis Year 2007 Project ID HH Gregg Appliance Center - Existing EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 1 1 1 1 0 Lane Group L TR L TR L T R L TR Volume, V (v ph) 207 702 100 46 818 136 132 102 63 1 68 52 129 % Heavy Vehicles, %HV 0 1 2 0 1 2 2 1 0 0 2 0 0 1 Peak -Hour Factor, PHF 0.96 0.96 0.96 0.96 0.96 0.96 - 0.96 0.96 0.96 0.96 0.96 10.96 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 2.0 2.0 2.0 12.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, 1 7000 .000 1.000 .000 1.000 F 000 F 000 1. 000 000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 5 0 0 26 0 0 39 0 0 33 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left I EB Only EW Perm 04 Excl. Left NB Only NS Perm 08 Timing G= 10.0 G= 5.0 51.6 . G= G= 11:0 G= 3.0 G= 18.5 G= Y= 0 Y= 0 EG= 5.4 Y= Y= 0 Y= 0 Y= 5.5 IY= Duration of Analysis, T = 0.25 C cle Len th, C = 110.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT I TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 216 830 48 967 138 106 25 71 154 Lane Group Capacity,c 421 1796 419 1636 406 371 309 401 287 v/c Ratio, X 0.51 0.46 1 0.11 0.59 10.34 0.29 0.08 0.18 0.54 Total Green Ratio, g/C 0.65 0.51 0.56 0.47 0.35 0.20 0.20 0.27 0.17 Uniform Delay, d, 11.3 17.0 11.2 21.4 25.9 37.7 36.2 30.7 41.8 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.12 0.11 0.11 0.18 0.11 0.11 0.11 0.11 0.14 Incremental Delay, d2 1 1.1 10.2 0.1 0.6 0.5 0.4 0.1 0.2 2.0 D- 5 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 12.4 17.2 11.3. 22.0 26.4 38.1 36.3 30.9 43.8 Lane Group LOS B B B C C D D C D Approach Delay 16.2 21.5 31.9 39.7 Approach LOS B ` C C D Intersection Delay 22.0 X = 0:70 Intersection LOS C I - TWO -WAY STOP CONTROL SUMMARY r�anpral Infnrmatinn Sitp Infnrmatinn Analyst LSS Intersection Drew St Site Access Agency/Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2007 Analysis Time Period PM Peak IStudy Period hrs : 0.25 Project Description HH Gregg Appliance Center- Existing East/West Street: Drew St North /South Street: Site Access Intersection Orientation: East -West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 54 1090 46 85 1669 42 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 57 1159 48 90 1775 44 Percent Heavy Vehicles 2 -- -- 1 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 2 0 1 2 0 Configuration L T TR L T TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 22 3 74 10 8 32 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h .23 3 78 10 8 34 Percent Heavy Vehicles 0 0 1 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 I 1 0 0 1 1 Configuration LTR LT R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LT R (veh /h) 57 90 104 18 34 C (m) (veh /h) 333 579 155 42 1 281 lc 0.17 0.16 0.67 0.43 0.12 95% queue length 0.61 0.55 3.82 1.50 0.41 Control Delay (s /veh) 18.0 12.4 66.0 144.0 19.6 LOS C 8 F F C Approach Delay (s /veh) -- -- 66.0 62.6 pproach LOS -- -- F F Copyright © 2005 University of Florida, All Rights Reserved D- 7 HCS +TM Version 5.21 Generated: 10/30/2007 10:21 AM Copyright ©2005 University of Florida, All Rights Reserv ed D- 8 HCS +TM Version 5.21 Generated: 10/301 2007 10:22 AM TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst LSS Intersection US 19 N Site Access Agency/Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2007 Analysis Time Period M Peak Project Description HH Gregg Appliance Center - Existing East/West Street: N Site Access North /South Street: US Hwy 19 N Intersection Orientation: North -South IStudv Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 746 29 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 0 0 793 30 Percent Heavy Vehicles 0 -- -- 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 2 0 Configuration T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 17 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 18 0 0 0 Percent Heavy Vehicles 0 0 6 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 Configuration R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R (veh /h) 18 C (m) (veh /h) 631 /c 0.03 95% queue length 0.09 Control Delay (s /veh) 10.9 LOS B Approach Delay (s/veh)l 10.9 pproach LOS I -- -- B Copyright ©2005 University of Florida, All Rights Reserv ed D- 8 HCS +TM Version 5.21 Generated: 10/301 2007 10:22 AM ed D- 8 HCS +TM Version 5.21 Generated: 10/301 2007 10:22 AM ' Copyright ©2005 University of Florida, All Rights Reserv ed D- 9 HCS +TM Version 5.21 Generated: 10/30/2007 10:22 AM TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst LSS Intersection US 19 S Site Access Agency/Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2007 Analysis Time Period PM Peak Project Description HH Gregg Appliance Center - Existing East/West Street: S Site Access North /South Street: US Hwy 19 N Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 607 9 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 0 0 645 9 Percent Heavy Vehicles 0 -- — 0 — — Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 2 0 Configuration T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 22 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0. 23 0 0 0 Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 I 0 1 0 0 0 Conf uration I I R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R (veh /h) 23 C (m) (veh /h) 719 /c 0.03 95% queue length 0.10 Control Delay (s /veh) 10.2 LOS 8 Approach Delay (s /veh) pproach LOS -- -- 8 ' Copyright ©2005 University of Florida, All Rights Reserv ed D- 9 HCS +TM Version 5.21 Generated: 10/30/2007 10:22 AM ed D- 9 HCS +TM Version 5.21 Generated: 10/30/2007 10:22 AM 1 TABLE 4 -4 GENERALIZED PEAK HOUR TWO -WAY VOLUMES FOR FLORIDA'S UNINTERRUPTED FLOW HIGHWAYS ss« Levcl of service Level of Service Lanes Divided A 13 C 1) I: 2 Undivided 210 730 1,450 2,060 2,620 4 Divided 1,940 3,140 4,540 5,870 6.670 6 Divided 2,900 4,700 6,800 8,810 10.010 STATE TWO -WAY ARTERIALS 4,920 Class 1 ( >0.00 to 1.99 signalized intersections per mile) 2970 Level of Scrvicc within primary city central business district of an lancs Divided A B C / D E q f1- 1; -:At A ss Ann f^ t 1 ;rn I Ain 8 Divided 890 5,510 6,280 6,440 ss« Class 11 (2.00 to 4.50 signalized intersections per mile) Level of Service Level of Scrvicc Lanes Divided A lanes Divided A B C 1) E 2 Undivided #• 180 1,070 1,460 1,550 4 Divided s• 390 2,470 3,110 3,270 6 Divided " 620 3,830 4,680 4,920 8 Divided ss 800 5,060 6,060 6,360 Class III (morc than 4.5 signalized intersections per mile and not within primary city central business district of an 3,120 urbanized area over 750,000) Divided #• NON -STATE ROADWAYS Major CihdCounty Roadways Level ofSciviee lancs Divided A 13 C 1) 2 Undivided s• ss 870 1,1190 4 Divided ss «s 2,030 2,950 6 Divided ss ss 3.170 4,450 Other Signalized Roadways (signalized intersection analysis) Level of Service hares Divided A B C 2 Undivided ss "# 450 4 Divided ss ss 1 050 Source: Florida Dcparunent ofTrrmsportation Syslcnls Planning Office 605 Suwannee Street, MS 19 Tollahassce,l'L 32399.0450 F,4RL'C lra-1 i Lanes Medifin Level of Service Adjustment Factors . Lanes Divided A 13 C D 1: 2 Undivided ss «• 500 1,200 IA70 4 Divided ss «s 1,180 2,750 3,120 6 Divided #• «s 1,850 4,240 4,690 8 Divided ss #s 2,450 5,580 6,060 Class IV (more than 4.5 signalized intersections per mile and within 5,930 primary city central business district of an urbanized area 10,050 over 750,000) 8 4,840 8,020 11,180 1300 15,130 Level of service 6,110 Lanes Divided A 13 C D E 2 Undivided s# ss 490 1,310 1,420 4 Dividcd ## s« 1,170 2,880 3,010 6 Divided '# ss 1.810 4,350 4,520 8 Divided ## ss 2,460 5,690 5,910 NON -STATE ROADWAYS Major CihdCounty Roadways Level ofSciviee lancs Divided A 13 C 1) 2 Undivided s• ss 870 1,1190 4 Divided ss «s 2,030 2,950 6 Divided ss ss 3.170 4,450 Other Signalized Roadways (signalized intersection analysis) Level of Service hares Divided A B C 2 Undivided ss "# 450 4 Divided ss ss 1 050 Source: Florida Dcparunent ofTrrmsportation Syslcnls Planning Office 605 Suwannee Street, MS 19 Tollahassce,l'L 32399.0450 F,4RL'C lra-1 i BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geometries at 40 mph poslcd speed and traffic conditions, not number of bicyclists using life facility) (Multiply motorized vehicle volumes shown below by number of directional roadway tans to determine two -way maximum service volumes.) Paved Shoulder Lanes Medifin FREEWAYS Adjustment Factors . Level of Service Interchange spacing 2 ini. apart C 1) E 049% ss s• 310 1,310 >1,310 50 -84% #s 240 Level of service 85 -100% 300 680 Lanes A 13 C D L• 4 2,310 3,840 5,350 6,510 7,240 6 3.580 5,930 8,270 10,050 11,180 8 4,840 8,020 11,180 1300 15,130 10 6,110 1 0,110 14,110 17,160 19,050 12 7,360 12,200 17,020 20,710 23,000 Interchnngcspacing <2 Ali. apart Level of service Lanes A 13 C D G 4 2,050 3,350 4,840 6,250 7.110 6 3,240 5,250 700 9,840 11,180 8 4,420. 7,160 10,360 13,420 15,240 10 5,600 9,070 13,130 16,980 19,310 12 6,780 10,980 15,890 20,560 23,360 BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geometries at 40 mph poslcd speed and traffic conditions, not number of bicyclists using life facility) (Multiply motorized vehicle volumes shown below by number of directional roadway tans to determine two -way maximum service volumes.) Paved Shoulder Lanes Medifin Bicycle Lane Adjustment Factors . Level of Service Coverage A 13 C 1) E 049% ss s• 310 1,310 >1,310 50 -84% #s 240 390 >390 sss 85 -100% 300 680 >680 rss sss PEDESTRIAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway. geometries at 40 mph posted speed and traffic conditions, not number of pedestrians using the facility.) (Multiply motorized vehicle volunncs shown below by number of directional roadway lanes to dctcnnine two -%%my maximum service volumes.) Level ofscrvicc . Sidewalk Coverage A B C 1) E 0 -49% ## ## ss 600 1,480 50 -84% #s #s ss 940. 1,806 85 =100% «s 210 1,080 >1,080 sss BUS MODE (Scheduled Fixed Roue) (Buses ,per ]four) (,Note: Buses per hour shown are only rot the Peak hour in the single direction ofhigher traffic note.) L' Level of Service. I A80 Sidewalk Coverage A 13 C D I: 3,120 0 -84% ss >5 14 ?3 >2 4,690 85 -1000/0 >6 >4 >3 ?2 >1 ARTERIALn'ON -STATE ROADWAY ADJUSTMENTS (alter corresponding volume by the indicated perecnt) ONE -WAY FACILITIES Multiply lira corresponding two - directional volumes in this table by 0.6. 'values shmva Are presented as hourly two-way volumes for levels of service and are toy me eutomooue tmcx moors unless specmcnny states mmougn presemca as pe.w naur no way vommes, racy acmauy represent peak how peak direction conditions ' h »n M 1'c br D favor applied. This table does not constitute A sinxlarJ and should be u ed only for crnl fan nu ne applications. ations. The computer m ode) s from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or imersc von design, where more reined techniques exist. level of ser ice letter grade thresholds are probably not comparable Across modes And, therefore, cross modal comparisons should be trade with caution. Funhemwre. combining levels of service of different modes into one overall maduay Intl of service is not rect mmrndcd. CAkvlotions Are based on planning Applications of the Htghuay Cnpncity Mnmual, tricycle LOS Model. Pedestrian LOS Model and Transit Capacity and Quality of Scrice Manual. respoctivcly for the nutomobilcatuclr. bicycle, pedcsrrian and bus modes. ••Cannot be achieved using table inpm vnitw dcfnults. ••'Not applicable for that level of service letter grade. For aummobile truck modes. volumes greater than level of service D become F because intersection capacities have born reached. For bicycle and nedestrian modes. the level of strvice letter trade (including F) is not Achievable, because there is no maximu rn vehicle volume threshold using table input value defaults. D -10 Lanes Medifin Left Turns Lanes Adjustment Factors . 1) F, 2 . Divided Ycs +5% 950 1,200 2 Undivided No -201/o !,070 2,400 Multi Undivided Yes -5% OSJt7/07 Multi Undivided No -25% ONE -WAY FACILITIES Multiply lira corresponding two - directional volumes in this table by 0.6. 'values shmva Are presented as hourly two-way volumes for levels of service and are toy me eutomooue tmcx moors unless specmcnny states mmougn presemca as pe.w naur no way vommes, racy acmauy represent peak how peak direction conditions ' h »n M 1'c br D favor applied. This table does not constitute A sinxlarJ and should be u ed only for crnl fan nu ne applications. ations. The computer m ode) s from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or imersc von design, where more reined techniques exist. level of ser ice letter grade thresholds are probably not comparable Across modes And, therefore, cross modal comparisons should be trade with caution. Funhemwre. combining levels of service of different modes into one overall maduay Intl of service is not rect mmrndcd. CAkvlotions Are based on planning Applications of the Htghuay Cnpncity Mnmual, tricycle LOS Model. Pedestrian LOS Model and Transit Capacity and Quality of Scrice Manual. respoctivcly for the nutomobilcatuclr. bicycle, pedcsrrian and bus modes. ••Cannot be achieved using table inpm vnitw dcfnults. ••'Not applicable for that level of service letter grade. For aummobile truck modes. volumes greater than level of service D become F because intersection capacities have born reached. For bicycle and nedestrian modes. the level of strvice letter trade (including F) is not Achievable, because there is no maximu rn vehicle volume threshold using table input value defaults. D -10 " - - 2007 - PM PSCF Counts Intemection - Date PSCF - - ' - - - US Ftwy 19 N @ Drew St Old Coachman Rd @ Drew 101182007 1.08 St - - .101182007 1.08 z - - - - . _ - Fairwood Ave @ Drew St Site Access @ Drew St 10232007 1.10 - 10232007 1.10. - . - -. - N Site Access @ US 19 S Site Access @ US 19 10232007 1.10 10232007 -1.10 o - - - - 29. 994. . NSite Access 1440 { - .. 9 1011. - - - S Site Access - - - �L - . 340 1227 - 8. 10 42 - - 1859 - - .288 461 240 J51 -. - .136 - 767 .1 - . - " 914 _ .1090 Drew St J 7� - 575 . 7Cl 132 102 63 - 186 J75 9� 36S - ,201 .. '.. 1.' 1 Q - N Site Access - .. .. - S Site Access .. r Nth, <1 -. Drew St 7 HCS +' DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale Oliver & Assc Date Performed 10/22/2007 Time Period PM Peak Intersection Drew @ US 19 Area Type All other areas Jurisdiction Pinellas Analysis Year 2008 Project ID HH Gregg Appliance Center - Future w/o Project EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 2 2 1 2 2 1 2 2 1 2 2 1 Lane Group L T R L T R L T R L T R Volume, V (v ph) 239 587 372 1177 851 358 687 827 223 1245 470 294 % Heavy Vehicles, %HV 3 3 2 2 1 0 0 1 0 2 2 2 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 10.94 0.94 0.94 0.94 10.94 0.94 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 12.0 2.0 2.0 2.0 12.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 130 0 0 128 0 0 99 0 0 111 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 1 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, G 3.2 3.2 3.2 3.2 Phasing Excl. Left Thru & RT 03 04 Excl. Left NB Only Thru & RT 08 Timing G= 12.0 IY= G= 34.0 G= G= 1Y= G= 11.7 G= 12.0 IY= G= 21.0 G= 9.4 Y= 9.4 Y= IY= 4 Y= 0 6.5 IY= Duration of Analysis, T = 0.25 Cycle Length, C = 120.0 Lane Group Ca aci , Control Delay, and LOS Determination EB WB NB SB LT I TH RT LT TH RT LT I TH RT LT TH RT Adjusted Flow Rate, v 254 624 257 188 905 245 731 880 132 261 500 195 Lane Group Capacity, c 340 995 727 344 1015 742 809 985 444 335 621 521 v/c Ratio, X 0.75 0.63 0.35 0.55 0.89 0.33 0.90 0.89 0.30 0.78 0.81 0.37 Total Green Ratio, g/C 0.10 0.28 0.46 0.10 0.28 0.46 0.23 0.28 0.28 0.10 0.17 0.33 Uniform Delay, d, 52.5 37.5 21.0 51.4 41.2 20.7 44.9 41.8 34.3 52.9 47.5 30.8 F gression Factor, I 1.000 I 1.000 11.000 .000 11.000 V 000 1.000 11.000 11.000 11.000 1.000 11.000 F- 1 Delay Calibration, k 0.30 0.21 0.11 0.15 0.42 0.11 0.42 0.42 0.11 0.33 0.35 0.11 Incremental Delay, d2 8.8 1.3 0.3 1.8 10.1 0.3 13.5 10.5 0.4 11.2 7.7 0.5. Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 61.3 38.7 21.2 53.2 51.3 20.9 58.4 52.3 34.7 64.1 55.2 31.2 Lane Group LOS E D C D D C E D C E E C Approach Delay 39.8 46,0 53.5 52.7 Approach LOS D D D D Intersection Delay 48.4 X, = 0.86 Intersection LOS D r 0 HCS +- DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale- Oliver & Assc Date Performed 1012212007 Time Period PM Peak Intersection Drew @ Old Coachman Area Type All other areas Jurisdiction Pinellas Analysis Year 2008 Project ID HH Gregg Appliance Center - Future w/o Project EB WB NB SB LT TH RT LT TH RT LT TH RT LT I TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 1 1 1 1 1 Lane Group L TR L TR L T R L T R Volume, V (v ph) 78 932 168 232 1029 347 190 383 101 95 217 51 % Heavy Vehicles, %HV 0 2 1 0 2 0 2 0 1 2 3 1 0 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 10.91 0.91 0.91 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 2.0 12.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, I 110.0 .000 .000 1.000 .000 1.000 .000 .000 .000 .000 .000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 6 0 0 31 0 0 50 0 0 24 Lane Width 12.0 12.0 12.0 12.0 12.0 112.0 12.0 112.0 12.0 112.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Sto in , NB 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing Excl. Left WB Only EW Perm 04 Excl. Left NB Only NS Perm 08 Timing G= 12.0 G= 11.0 G= 44.1 G= G= 11.6 G= 4.4 G= 24.3 G= Y= 0 Y= 0 Y= 6.3 IY= Y= 0 Y= 0 Y= 6.3 IY= Duration of Analysis, T = 0.25 Cycle Length, C = 120.0 Lane Group Capacity, ntrol Delay, and LOS Determination EB WB NB SB LT TH I RT LT I TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 86 1202 255 1478 209 421 56 104 238 30 Lane Group Capacity, c 244 1276 409 1579 388 454 382 233 374 327 v/c Ratio, X 0.35 0.94 0.62 0.94 0.54 0.93 0.15 0.45 0.64 0.09 Total Green Ratio, g/C 0.47 0.37 0.61 0.46 0.39 0.24 0.24 0.30 0.20 0.20 Uniform Delay, di 22.8 36.7 29.5 30.8 26.5 44.6 36.0 32.7 43.8 38.9 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.45 0.21 0.45 0.14 0.44 0.11 0.11 0.22 0.11 Incremental Delay, d2 0.9 13.7 3.0 10.9 1.5 125.3 10.2 1.4 3.6 0.1 F- 3 t Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 1 0.0 , 0.0 0.0 0.0 Control Delay 23.7 50.4 32.5 41:7 28.0 69.9 36.2 34.0 47.4 39.0 Lane Group LOS C D C. D C E D C D D Approach Delay 48.6 40.3 54.4 43:0 Approach LOS D p p D Intersection Delay 45.5 X = 0.97 Intersection LOS D HCS +- DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale- Oliver & Assc Date Performed 1012412007 Time Period PM Peak Intersection Drew @ Fairwood Area Type All other areas Jurisdiction Pinellas Analysis Year 2008 Project ID HH Gregg Appliance Center - Future w/o Project EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 1 1 1 1 0 Lane Group L TR L TR L T R L TR Volume, V (v ph) 211 716 102 47 834 139 135 104 64 69 53 132 % Heavy Vehicles, %HV 0 2 0 2 2 1 0 0 2 0 0 1 Peak -Hour Factor, PHF 0.96 0.96 0.96 0.96 0.96 0.96 0.96 10.96 0.96 0.96 0.96 0.96 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 12.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, 1 1.000 .000 1.000 .000 1.000 .000 .000 .000 .000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 5 0 0 26 0 0 39 0 0 33 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing EB Only EB Only EW Perm 04 Excl. Left NB Only NS Perm 08 Timing G= 10.0 G= 5.0 G= 51.6 G= G= 11.0 1Y= G= 3.0 G= 18.5 G= IY= Y= 0 IY= 0 Y= 5.4 Y= 0 Y= 0 Y= 5.5 Duration of Analysis, T = 0.25 C cle Len th, C = 110.0 Lane Group Capacity, ntrol Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Adjusted Flow Rate, v 220 847 49 987 .141 108 26 72 158 Lane Group Capacity,c 414 1796 251 1636 402 371 309 401 286 v/c Ratio, X 0.53 0.47 0.20 0.60 0.35 . 0.29 0.08 0.18 0.55 Total Green Ratio, g/C 0.65 0.51 0.47 0.47 0.35 0.20 0.20 0.27 10.17 Uniform Delay, di 11.7 17.1 17.1 21.6 26.0 37.7 36.2 30.7 42.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.13 0.11 0.11 0.19 0.11 0.11 0.11 0.11 0.15 Incremental Delay, d2 1.3 0.2 0.4 0.6 0.5 0.4 0.1 10.2 2.3 F- 5 Initial Queue Delay, 03 0:0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 13.0 17.3 17.4 22.3 26.5 38.2 .36.3 30.9. 44.3 Lane Group LOS 8 8 8 C C D D C D Approach Delay 16.4 22.0 32.0 40.1 Approach LOS g C C D Intersection Delay 22.4 X� = 0.72 Intersection LOS. C TWO -WAY STOP CONTROL SUMMARY General Information ISite Information nal st LSS Intersection Drew St Site Access enc /Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2008 nal sis Time Period PM Peak 4 5 Project Description HH Gregg Appliance Center - Future w/o Project East/West Street: Drew St North /South Street: Site Access Intersection Orientation: East -West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments . Major Street Eastbound Westbound Movement 1 2 3 4 5 6 7 L T R L T R Volume veh/h) 54 1112 46 85 1702 42 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 57 1182 48 90 1810 ]_44 Percent Heavy Vehicles 2 40 L — I 1 — — Median Type Two Way Left Turn Lane RT Channelized 0.45 0 0.12 95% queue length 0 Lanes 1 2 0 1 2 0 Configuration L T TR L T TR Upstream Signal 20.0 0 1 e 0 F Minor Street Northbound Southbound Movement 7 8 9 10 11 12 -- L T R L T R Volume veh/h) 22 3 74 10 8 32 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 23 3 78 10 8 34 Percent Heavy Vehicles 0 0 1 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 1 0 1 0 0 1 1 Configuration LTR LT R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LT R (veh /h) 57 90 104 18 34 C (m) (veh /h) 323 568 147 40 274 lc 0.18. 0.16 0.71 0.45 1 0.12 95% queue length 0.63 0.56 4.11 1.56 0.42 Control Delay (s /veh) 18.5 12.5 73.8 154.4 I 20.0 LOS C e F F I C Approach Delay (s /veh) -- -- 73.8 66.5 pproach LOS -- -- F F Copyright © 2005 University of Florida, All Rights Reserved F- 7 HCS +TM Version 5.21 Generated: 10/30/2007 10:38 AM Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 10/30/2007 10:38 AM 61 J TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst LSS Intersection US 19 @ N Site Access Agency/Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2008 Analysis Time Period PM Peak Project Description HH Gregg Appliance Center - Future w/o Project East/West Street: N Site Access North /South Street: US Hwy 19 N Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 761 29 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 0 0 809 30 Percent Heavy Vehicles 0 — -- 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 2 0 Configuration T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 17 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 18 0 0 0 Percent Heavy Vehicles 0 0 6 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 Configuration R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R (veh /h) 18 C (m) (veh /h) 625 /c 0.03 95% queue length 0.09 Control Delay (s /veh) 10.9 LOS 8 Approach Delay (s /veh) -- -- 10.9 pproach LOS -- -- 8 Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 10/30/2007 10:38 AM 61 J TWO -WAY STOP CONTROL SUMMARY General Information ISite Information Analyst LSS Intersection US 19 S Site Access Agency/Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2008 Analysis Time Period PM Peak 4 5 Project Description HH Gregg Appliance Center - Future w/o Project East/West Street: S Site Access North /South Street: US Hwy 19 N Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 619 9 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 0 0 658 9 Percent Heavy Vehicles 0 — — 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 2 0 Configuration T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 22 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 23 0 0 0 Percent Heavy Vehicles 0 0 0 0 1 0 1 0 Percent Grade ( %) 0. 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 Configuration R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R (veh /h) 23 C (m) (veh /h) 712 /c 0.03 95% queue length 0.10 Control Delay (s /veh) 10.2 LOS e pproach Delay (s /veh) -- -- 10.2 pproach LOS -- -- 8 ' Copyright © 2005 University of Florida, All Rights Reserved ' F- 9 HCS +TM Version 5.21 Generated: 10/30/2007 10:38 AM n r i n TABLE 4 - 4 GENERALIZED PEAK HOUR TWO -WAY VOLUMES FOR FLORIDA'S UKISANILtU AKtAJ" UNINTERRUPTED FLOW HIGHWAYS 8 Divided 890 5,510 6,280 6A40 + *+ Level of Servicc Level of Service Lanes Divided A 13 C 1) E 2 Undivided 210 730 1,450 2,060 2,620 4 Divided 1,940 3,140 4,540 5,870 6,670 6 Divided 2,900 4,700 6.800 8,810 10,010 STATE TWOAVAY ARTERIALS '* Class I ( >0.00 to 1.99 signalized intersections per mile) 3030 ** 2,450 5,580 Level of Service Class Lines Divided A B C D E 4 110 4 4,1_1 ** Ann I i 1 Gfn I f irl 8 Divided 890 5,510 6,280 6A40 + *+ Class 11(2.00 to 4.50 signalized intersections per stile) Level of Service Level of Servicc Lanes Divided A Lanes Divided A 13 C 1) P: 2 Undivided *« 180 1,070 IA60 1,550 4 Divided ** 390 2,470 3,110 3,270 6 Divided «* 620 3,830 4,680 . 4,920 8 Divided +* 800 5,060 6,060 6.360 Class III (more than 4.5 signalized intersections per mile and 1101 within primary city central business district of in 6 urbanized area over 750,000) '* FREEWAYS Interchange spacing > 2 nti. apart NON -STATE ROADWAYS Level of Servicc Level of Service BUS A40DE (Scheduled Fixed Route) Lanes Divided A B: C D E 2 Undivided •* «* 500 1,200 1,470 4 Divided *« «* 1,180 2,750 3,120 6 Divided •* '* 1,850 4,240 4,690 8 Divided *« ** 2,450 5,580 6,060 Class IV (more than 4.5 signalized intersections per mile and within 14,110 primary city central business district of an urbanized area 19,050 over 750,000) 7360 12,200 17,020 20,710 23,000 Inlerchnnec Level of Servicc nti. apart Lanes Divided A 13 C 1) Jr. 2 Undivided ** ** 490 1,310 1,420 4 Divided •• +• 1,170 2,880 3,010 6 Divided «« +s 1,810 4,350 4,520 8 Divided *b «« 2.460 5,690 5,910 FREEWAYS Interchange spacing > 2 nti. apart BICYCLE iNIODE (Note: Level of service for the bicycle mode in this table is based on roadway geometries at 40 niph posted speed and traffic conditions, not number of bicyclists using the facility.) (Multiply ntotori-red vehicle volumes shown below by number of directional roadway lanes todetemtine two -way maximum service voluincs.) Paved Shoulder Bicycle Lane Level ofScrvice Coverage A B C 1) 1: 049% *• ss 310 1.310 >L310 50 -84% ** 240 390 >390 * ** 85 -100% 300 680 >680 * ** * ** PEDESTRIAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway geometries at 40 mph posted ,sherd and Iraflic conditions, not number of pedestrians using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to detcm»ne two-way maximum service volumes.) Level ofScrvice Sidewalk Coverage A B C D E 0 -49 % ** «* ** 600 1,480 50 -84% A* ** ** 940 1,800 85- 100% ** 210 . 1,080 >1,080 * ** NON -STATE ROADWAYS Level of Servicc BUS A40DE (Scheduled Fixed Route) Lancs A 13 C D E 4 2,310 3,840 5,350 6.510 7.240 6 3380 5.930 8.270 10,050 11,180 8 4,840 8,020 11,180 13,600 15.130 10 6,110 101,110 14,110 17,160 19,050 12 7360 12,200 17,020 20,710 23,000 Inlerchnnec spacing <2 nti. apart Level ofScrviec Lanes A 13 C 1) E 4 21050 3,350 4,840 6,250 7,110 6 3,240 5,250 7,600 9,840 11,180 8 4,420 7,160 10,360 t3,420 15;240 10 5,600 9.070 13.130 16.980 19,310 12 6,780 10.980 15,890_ 20.560. 23,366 BICYCLE iNIODE (Note: Level of service for the bicycle mode in this table is based on roadway geometries at 40 niph posted speed and traffic conditions, not number of bicyclists using the facility.) (Multiply ntotori-red vehicle volumes shown below by number of directional roadway lanes todetemtine two -way maximum service voluincs.) Paved Shoulder Bicycle Lane Level ofScrvice Coverage A B C 1) 1: 049% *• ss 310 1.310 >L310 50 -84% ** 240 390 >390 * ** 85 -100% 300 680 >680 * ** * ** PEDESTRIAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway geometries at 40 mph posted ,sherd and Iraflic conditions, not number of pedestrians using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to detcm»ne two-way maximum service volumes.) Level ofScrvice Sidewalk Coverage A B C D E 0 -49 % ** «* ** 600 1,480 50 -84% A* ** ** 940 1,800 85- 100% ** 210 . 1,080 >1,080 * ** Other Signalized Roadways (alter corresponding volume by the indicated percent) (signalized intersection analysis) Level of Service Lanes Median Left Turns Lanes Adjustment Factors Lines Divided A L3 C 1) E 2 Divided Yes +5% 2 Undivided *« '* 450 950 1,200 2 Undivided No -201/0 4 Divided ** *« 1,050 2,070 1400 Multi Undivided Yes -5% Source: Florida Deparuncnt ofTrinsporlation 05/17/07 Multi Undivided No -25% Syslcpts Planning Office 605 Suwannee Street. MS 19 ONE-WAY FACILITIES Tallahassee. FL 32399 -0450 Multiply the corresponding two - directional volumes in this table by 0.6. hip: /lwww.dotstate. tl.us/ planning lsystettiststtt /losldcfault.hu» • values sham are presented As hourly two -uny volumes for levels of service and we for the auomobile; wok modes unless specificnlly stared. Although presented as peak hour nto %ny volumes, they actually represent peak !roar peak direction condition, with an applicable D factor applied. this table does not constitute a standard and should be used only for general planning applicmions. The computer models from - which this table is derived should be used for more specific planning applicanons. 7'he table and deriving computer models should not be used for corridor or imersection design, where more refined techniques exist. Level of service letter grade ilimsholds are probably not comparable across modes and, therefore, cross modal comparisons should be made with caution. Furthermore. combining levels ofserice of different modes into one overall roadeny Intel of service is not tmommendod. Calculations Are bawd on planning applicniions of the Highway Capacity Manual, Higvic LOS Model. Pedestrian LOS Model and Transit Capacity and Quality of $mice AlAmuit, respectively for the automobilclirtak, bicycle, pedestrian and'buc modes. - - ::Cannot be achieved using table input value dclhulm - •Not Applicable for that level of serice letter grade. For olumnobilc4uck modes. volumes gntler than level of scricc D become F because intersection capacities have been reached. For bicycle and vedestrian modes. the level of scivice Inter made (including F) is not Achievable. because there is no maximum vehicle whimc threshold using table input value defaults. F- 10 NON -STATE ROADWAYS BUS A40DE (Scheduled Fixed Route) Major City /County Roadways (Buses per hour) Level of Service (Note Muses per hour shown are only forthe peak hour in the single dlrecnon ofhighcr traffic flow.) Lanes Divided A B C D E Level ofService - 2 Undivided ss ss 870 1,390 1,480 Sidewalk Coverage A 13 C P2 E 4 Divided ** +* 2,030 2.950 3,120 0 -84% ** >5 >4 >3 >2 6 Divided ** «' 3,170 4,450 4.690 85- 100% >6 >4 >3 >2 ?I ARTERIAL/,I"ON -STATE ROADWAY ADJUSTMENTS Other Signalized Roadways (alter corresponding volume by the indicated percent) (signalized intersection analysis) Level of Service Lanes Median Left Turns Lanes Adjustment Factors Lines Divided A L3 C 1) E 2 Divided Yes +5% 2 Undivided *« '* 450 950 1,200 2 Undivided No -201/0 4 Divided ** *« 1,050 2,070 1400 Multi Undivided Yes -5% Source: Florida Deparuncnt ofTrinsporlation 05/17/07 Multi Undivided No -25% Syslcpts Planning Office 605 Suwannee Street. MS 19 ONE-WAY FACILITIES Tallahassee. FL 32399 -0450 Multiply the corresponding two - directional volumes in this table by 0.6. hip: /lwww.dotstate. tl.us/ planning lsystettiststtt /losldcfault.hu» • values sham are presented As hourly two -uny volumes for levels of service and we for the auomobile; wok modes unless specificnlly stared. Although presented as peak hour nto %ny volumes, they actually represent peak !roar peak direction condition, with an applicable D factor applied. this table does not constitute a standard and should be used only for general planning applicmions. The computer models from - which this table is derived should be used for more specific planning applicanons. 7'he table and deriving computer models should not be used for corridor or imersection design, where more refined techniques exist. Level of service letter grade ilimsholds are probably not comparable across modes and, therefore, cross modal comparisons should be made with caution. Furthermore. combining levels ofserice of different modes into one overall roadeny Intel of service is not tmommendod. Calculations Are bawd on planning applicniions of the Highway Capacity Manual, Higvic LOS Model. Pedestrian LOS Model and Transit Capacity and Quality of $mice AlAmuit, respectively for the automobilclirtak, bicycle, pedestrian and'buc modes. - - ::Cannot be achieved using table input value dclhulm - •Not Applicable for that level of serice letter grade. For olumnobilc4uck modes. volumes gntler than level of scricc D become F because intersection capacities have been reached. For bicycle and vedestrian modes. the level of scivice Inter made (including F) is not Achievable. because there is no maximum vehicle whimc threshold using table input value defaults. F- 10 r Appendix G 2008 Future with PrWervice ect Intersection. and Roadway Level of Worksheets it u -1 i HCS +- DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale Oliver & Assc Date Performed 1012212007 Time Period PM Peak Intersection Drew @ US 19 Area Type All other areas Jurisdiction Pinellas Analysis Year 2008 Project ID HH Gregg Appliance Center - Future w/ Project EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of Lanes, Ni 2 2 1 2 2 1 2 2 1 2 2 1 Lane Group L T R L T R L T R L T R Volume, V (v ph) 256 587 380 177 856 358 703 827 223 1250 478 294 % Heavy Vehicles, %HV 3 3 2 2 1 1 0 0 1 1 0 2 2 2 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 0.94 10.94 0.94 0.94 0.94 10.94 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 12.0 2.0 12.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 0.0 Ped / Bike / RTOR Volumes 0 0 130 0 0 128 0 0 99 0 0 111 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing Excl. Left Thru & RT 03 04 Excl. Left NB Only Thru & RT 08 Timing G= 12.0 IY= G= 34.0 G= G= 1Y= G= 11.7 G= 12.0 G= 21.0 G= 9.4 Y= 9.4 Y= IY= 4 Y= 0 Y= 6.5 IY= Duration of Analysis, T = 0.25 Cycle Length, C = 120.0 Lane Group Ca aci , Control Delay, and LOS Determination EB WB NB SB LT I TH RT LT TH RT LT TH I RT LT TH RT Adjusted Flow Rate, v 272 624 266 188 911 245 748 880 132 266 509 195 Lane Group Capacity, 340 995 727 344 1015 742 809 985 444 335 621 521 v/c Ratio, X 0.80 0.63 0.37 0.55 0.90 0.33 0.92 0.89 0.30 0.79 0.82 0.37 Total Green Ratio, g/C 0.10 0.28 0.46 0.10 0.28 0.46 0.23 0.28 0.28 0.10 0.17 0.33 Uniform Delay, di 52.8 37.5 21.1 51.4 41.3 20.7 45.1 41.8 34.3 53.0 47.7 30.8 Progression Factor, '%r, 1 11.000 11.000 11.000 .000 11.000 11.000 1.000 11.000 11.000 11.000 11.000 11.000 G- 1 Delay Calibration, k 0.34 0.21 0.11 0.15 0.42 0.11 0.44 0.42 0.11 0.34 0.36 0.11 Incremental Delay, d2 12.8 1.3 0.3 1.8 10.6 0.3 16.3 10.5 0.4 12.4 8.6 0.5 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 65.6 38.7 21.4 53.2 51.9 20.9 61.4 52.3 34.7 65.4 56.2 31.2 Lane Group LOS E D C D D C E D C E E C Approach Delay _ 41.1 46.5 54.8 53.7 Approach LOS D D D D Intersection Delay : 49.4 Xc = 0.88 Intersection LOS D HCS +TM Version 5.21 Generated: 10/30/2007 10:42 AM I1 'I L HCS +- DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale- Oliver & Assc Date Performed 1012212007 Time Period PM Peak Intersection Drew @ Old Coachman Area Type All other areas Jurisdiction Pinellas Analysis Year 2008 Project ID HH Gregg Appliance Center - Future w/ Project EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 1 1 1 1 1 Lane Group L TR L TR L T R L T R Volume, V (v ph) 78 939 168 238 1035 348 190 383 107 96 217 51 % Heavy Vehicles, %HV 0 2 1 0 2 0 2 0 1 2 3 0 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.91 0.91 0.91 0.91 10.91 0.91 0.91 0.91 0.91 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, 11 2.0 2.0 12.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, I 1.000 .000 1.000 .000 1.000 .000 .000 .000 .000 .000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR olumes 0 0 6 0 0 31 0 0 50 0 0 24 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing Excl. Left WB Only EW Perm 04 Excl. Left NB Only NS Perm 08 Timing G= 12.0 1Y= G= 11.0 G= 44.1 G= IY= G= 11.6 G= 4.4 G= 24.3 G= 0 IY= 0 Y= 6.3 1Y= 0 Y= 0 Y= 6.3 IY= Duration of Analysis, T = 0.25 Cycle Length, C = 120.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH I RT LT I TH RT LT TH I RT LT TH RT Adjusted Flow Rate, v 86 1210 262 1485 209 421 63 105 238 30 Lane Group Capacity, c 244 1276 409 1579 388 454 382 233 374 327 v/c Ratio, X 0.35 0.95 0.64 0.94 0.54 0.93 0.16 0.45 0.64 0.09 Total Green Ratio, g/C 0.47 0.37 1 0.61 10.46 0.39 0.24 0.24 0.30 0.20 0.20 Uniform Delay, di 22.9 36.8 30.1 30.9 26.5 44.6 36.2 32.7 43.8 38.9 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.46 0.22 0.45 0.14 0.44 0.11 0.11 0.22 0.11 Incremental Delay, d2 0.9 114.6 1 13.4 111.4 1.5 25.3 0.2 1.4 3.6 0.1 G- 3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 1 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 23.8. 51.5 33.5 42.3 28.0 69.9 36:4 34.1 47.4 39.0 Lane Group LOS C D C D C E D C D D Approach Delay 49.6 41.0 54.2 43.0 Approach LOS D D D D Intersection Delay_ 46.1 X = 0.98 Intersection LOS D I HCS +- DETAILED REPORT General Information Site Information Analyst LSS Agency or Co. Tindale- Oliver & Assc Date Performed 1012412007 Time Period PM Peak Intersection Drew @ Fairwood Area Type All other areas Jurisdiction Pinellas Analysis Year 2008 Project ID HH Gregg Appliance Center - Future w/ Pro ject EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 0 1 1 1 1 1 0 Lane Group L TR L TR L T R L TR Volume, V vph 212 719 103 47 837 139 136 104 64 69 53 133 % Heavy Vehicles, %HV 0 2 0 2 2 1 0 0 2 0 0 1 Peak -Hour Factor, PHF 0.96 0.96 0.96 0.96 0.96 0.96 0.96 10.96 0.96 0.96 0.96 0.96 Pretimed (P) or Actuated A A A A A A A A A A A A A Start-up Lost Time, It 2.0 12.0 12.0 2.0 1 2.0 2.0 2.0 2.0 2.0 Extension of Effective Green, e. 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering /Metering, 1 1.000 .000 1.000 .000 1.000 .000 .000 .000 .000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 5 0 0 26 0 0 39 0 0 33 Lane Width 12.0 112.0 112.0 12.0 1 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking Maneuvers, Nm 1 Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left EB Only EW Perm 04 Excl. Left NB Only NS Perm 08 Timing G= 10.0 G= 5.0 G= 51.6 G= G= 11.0 G= 3.0 G= 18.5 G= IY= Y= 0 IY= 0 Y= 5.4 Y= Y= 0 Y= 0 Y= 5.5 Duration of Analysis, T = 0.25 C cle Len th, C = 110.0 Lane Group Capacity, ontrol Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Adjusted Flow Rate, v 221 851 49 990 142 108 26 72 159 Lane Group Capacity,c 413 1796 411 1636 401 371 309 401 286 v/c Ratio, X 0.54 0.47 10.12 0.61 0.35 0.29 0.08 0.18 0.56 Total Green Ratio, g/C 0.65 0.51 0.56 0.47 0.35 0.20 136.2 0.20 0.27 0.17 Uniform Delay, di 11.7 17.1 11.2 21.6 26.0 37.7 30.7 42.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.14 0.11 0.11 0.19 0.11 0.11 0.11 0.11 0.15 Incremental Delay, d2 1.4 0.2 0.1 0.6 0.5 0.4 0.1 0.2 2.4 G- 5 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 .Control Delay 13.1 17.3 11.3 22.3 26.5 36.3 30.9 44.4 Lane Group LOS 8 8 8 C C 138..2 D D C D Approach Delay 16.5 21.8 32.0 40.2 Approach LOS g C C p .Intersection Delay 22.3 Xc = 0..72 Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 10/30/2007 10:43 AM G- 7 TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst LSS Intersection Drew St Site Access Agency/Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2008 Analysis Time Period PM Peak Project Description HH Gregg Appliance Center- Future w /Project East/West Street: Drew St North /South Street: Site Access Intersection Orientation: East -West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 68 1112 46 85 1702 62 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 72 1182 48 90 1810 65 Percent Heavy Vehicles 2 - Median Type Raised curb RT Channelized 0 0 Lanes 1 2 0 1 2 0 Configuration L T TR L T TR Upstream Signal 1 1 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 22 3 74 37 8 46 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 23 3 78 39 8 48 Percent Heavy Vehicles 0 0 1 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 1 Configuration I LTR LT R Delay, Queue Length, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LT R (veh /h) . 72 90 104 47 48 C (m) (veh /h) 335 665 214 52 615 /c 0.21 0.14 0.49 0.90 0.08 95% queue length 0.80 0.47 2.41 3.90 0.25 Control Delay (s /veh) 18.7 11.3 36.8 221.8 11.3 LOS C e E F 8 pproach Delay (s /veh) -- -- 36.8 115.5 pproach LOS -- -- E F Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 10/30/2007 10:43 AM G- 7 Copyright ©2005 University of Florida, All Rights Reserv ed G- 8 HCS +TM Version 5.21 Generated: 10/30/2007 10:43 AM TWO -WAY STOP CONTROL SUMMARY General Information Site Information Analyst LSS Intersection US 19 N Site Access Agency/Co. Tindale- Oliver and Assc Jurisdiction Pinellas Date Performed 1012412007 Analysis Year 2008 Analysis Time Period PM Peak Project Description HH Gregg Appliance Center- Future w /Project East/West Street: N Site Access North /South Street: US Hwy 19 N Intersection Orientation: North -South Stud Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 761 61 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 0 0 809 64 Percent Heavy Vehicles 0 -- — 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 2 0 Configuration T TR Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 45 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 47 0 0 0 Percent Heavy Vehicles 0 0 6 0 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 Configuration R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R (veh /h) 47 C (m) (veh /h) 612 /c 0.08 95% queue length 0.25 Control Delay (s /veh) 11.4 LOS e pproach Delay (s /veh) -- -- 11.4 pproach LOS -- -- e Copyright ©2005 University of Florida, All Rights Reserv ed G- 8 HCS +TM Version 5.21 Generated: 10/30/2007 10:43 AM ed G- 8 HCS +TM Version 5.21 Generated: 10/30/2007 10:43 AM TWO -WAY STOP CONTROL SUMMARY General Information ISite Information Analyst LSS Agency/Co. Tindale- Oliver and Assc Date Performed 1012412007 Analysis Time Period PM Peak Intersection US 19 S Site Access Jurisdiction Pinellas Analysis Year 2008 Adjustments Major Street Project Description HH Gregg Appliance Center - Future w/Pro'ect East/West Street: S Site Access North /South Street: US Hwy 19 N Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 635 9 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 0 0 675 9 Percent Heavy Vehicles 0 -- — 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 2 0 Configuration T TR Upstream Signal 1 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 22 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR veh /h 0 0 23 0 0 0 Percent Heavy Vehicles 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 Confi uration R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R (veh /h) 23 C (m) (veh /h) 705 /c 0.03 95% queue length 0.10 Control Delay (s /veh) 10.3 LOS 8 pproach Delay (s /veh) — -- 10.3 pproach LOS -- -- 8 Copyright © 2005 University of Florida, All Rights Reserved 1 G- 9 HCS +TM Version 5.21 Generated: 10/30/2007 10:49 AM t TABLE 4 -4 GENERALIZED PEAK HOUR TWO -WAY VOLUMES FOR FLORIDA'S URBANIZED AREAS` UNINTERRUPTED FLOW HIGHWAYS Lcvcl of Service Lanes Divided A B C I) E 2 Undivided 210 730 1,450 2,060 2,620 4 Divided 1,940 3,140 4,540 5,870 6,670 STATE TWO-WAY ARTERIALS Class I ( >0.00 to 1.99 sip nali ed intersections per mile) 3078 Level of service Lanes Divided A B C t 1) 1- 7 1 t.,d:.,:d.,d tt Ann 1^ 1 C!n t I..' 8 Divided 890 5,510 6,280 6,440 * ** Class If (2.00 to 4.50 signnlized intersections per mile) Interchange spacing > 2 Level of Service Lanes Divided A B C 1) E 2 Undivided ** 180 1,070 1,460 1,550 4 Divided ** 390 2,470 3,110 3,270 6 Divided ** 620 3,830 4,680 .4,920 8 Divided •• 800 5,060 6,060 6,360 Class Ill (nlorc than 4.5 signalized intersections per male atnd not in primary city central business district of i with n 6 urbanized arca over 750.000) 5,930 8,270 Level of Scrvicc 11,180 Lnnes Divided A 13 C 1) 1; 2 Undivided ss ss 500 1,200 IA70 4 Divided ** •* 1,180 2,750 3,120 6 Divided ss es 1,850 4,240 4,690 8 Divided ** ** 2,450 5,580 6,060 Class IV (mare thin 4.5 signalized intersections per mile and n'ithin primary city central business district of amt urbanized area over 750,000) <2 nni. apart Level of Service Lines Dividcd A 13 C D 1 2 Undivided :• •• 490 1,310 1,420 4 Divided *• "* 1,170 2,880 3,010 6 Divided :* ** 1,810 4,350 4,520 8 Divided ** *• 2,460 5,690 5.910 BICYCLE MODE (Note: I.cvcl of service for the bicycle mode in this table is based on roadway geometries at 40 mph posted speed and traffic conditions, not number of bicyclists using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to detemline two -way maxinuun service volumes.) Paved Shoulder Bicycle Lane Levcl of Service Coverage A 13 C D E 049% ►s ►s 310 1,310 >1,310 50 -84% s* 240 390 >390 rss 85- 100% 300 680 >680 * ** *ss PEDESTRIAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway gconhetrics at 40 mph posted speed and traffic conditions• not number of pedestrians using the facility.) (Multiply motorized vehicle volumes shown below by nuill6er of directional roadway lanes to dctemnine two -vvay mixinuun service volumes.) . Level of Scrvicc Sidewalk Coverage A B C D E 049% y ** ** ** 600 1,480 50 -84% es ss ss 940 1,800 85 -100% •s 210 1,080 >1,080 * ** ,NON-STATE ROADWAYS FREEWAYS BUS MODE (Scheduled Fixed Route) Interchange spacing > 2 tai. apart (Buses per hour) Level of Service Lcvcl of Service (1Notc; Buses per hour shoum are only for the peak hour in the tingle direction ofhighcr tmllie note.) lanes A 13 C 1) L 4 2,310 3,840 5,350 6.510 7,240 6 31.580 5,930 8,270 10.050 11,180 8 4,840 8,020 11,180 13,600 15,130 10 6,110 10,110 14, 110 17,160 19,050 12 7360 12,200 17,020 20,710. 23;000 Interchange spacing <2 nni. apart Level of Service. lanes A 13 C D F 4 2.050 3,350 4,840 6,250 7,110 6 3,240 5,250 7,600 9,840 11,180 8 4,420 7,160 10,360 13,420 15,240 10 5,600 9,070 13,130 16,980 19.310 12 6,780 10,980 15,890 20,560 _ 23,366 BICYCLE MODE (Note: I.cvcl of service for the bicycle mode in this table is based on roadway geometries at 40 mph posted speed and traffic conditions, not number of bicyclists using the facility.) (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to detemline two -way maxinuun service volumes.) Paved Shoulder Bicycle Lane Levcl of Service Coverage A 13 C D E 049% ►s ►s 310 1,310 >1,310 50 -84% s* 240 390 >390 rss 85- 100% 300 680 >680 * ** *ss PEDESTRIAN MODE (Note: Level of service for the pedestrian mode in this table is based on roadway gconhetrics at 40 mph posted speed and traffic conditions• not number of pedestrians using the facility.) (Multiply motorized vehicle volumes shown below by nuill6er of directional roadway lanes to dctemnine two -vvay mixinuun service volumes.) . Level of Scrvicc Sidewalk Coverage A B C D E 049% y ** ** ** 600 1,480 50 -84% es ss ss 940 1,800 85 -100% •s 210 1,080 >1,080 * ** Other Signalized Roadways (alter corresponding volume by the indicated percent) (signalized intersection analysis) Level of Service Lanes Mcdian Left Turns Lines Adjustment Factors Lanes Divided A B C D E 2 Divided Yes +5% 2 Undivided ss '* 450 950 1,200 2 Undivided No -20% 4 Divided s* ** 1,050 2,070 2,400 Multi Undivided Yes -5 %b Source: Florida Deparlincnt ofTransporlaion 05/17107 Mulli Undivided No 25% Systems Planning Office 605 Suwannee Strccl, MS 19 ONE -WAY FACILITIES Tallahassee, FL 32399 -0450 Multiply fire corresponding two - directional volumes in this table by O.G.. littp: / /wtww.dol.state. fl.us/ planning /systems /sin /lostdcfitilt.litm 'Values shown are presented as hourly two•uby volumes for levels of service sad are for the outomobilelmck modes unless specifically stared. Although presented as peak hour two-way volumes. they Actually represent peak hour peak direction conditions with An applicable D factor Applied. This table does not constitute a suundard and should be used only for geneml planning applications. The computer models from whidt this table is derived should be used for more specific planning applications. the table and deriving compmer models should not be used for covidor or intersection design, where more refined techniques exrst. level of service letter grade thresholds ere probably nor comparable across modes and. therefore, cross modal conymrisons should be made with caution. Autlmennore. combining levels ofsen ice of different modes into emc overall roadway level of sm•icc is not recommended. Calculations arc based on planning applirniians of the Highway Capacity pima +l, Bicycle LOS Model. Pedestrian LOS Niodel and Transit Capacity and Quality of Sm•ice \lanced, ms. pcetivcly for the automobile "tru& bicycle, pedestrian and bus modes, ••CAnnm be Achieved using table input value dcfaulm '••Tot applicable for that M•c1 of service Inter Sack. For automobile truck modes. volumes greater than level of service D became F because intersection capacities have been reached. For bicycle and mlestrien modes. the level of service letter made fntclodina Fl is tmt achievable- beemne there is no masimam vehicle vmlumc threshold wino table innut value defaults. G -10 ,NON-STATE ROADWAYS BUS MODE (Scheduled Fixed Route) Major City /County Roadways (Buses per hour) Level of Service (1Notc; Buses per hour shoum are only for the peak hour in the tingle direction ofhighcr tmllie note.) Lines Divided A 13 C 1) E Level of Service 2 Undivided ss ss 870 1,390 1,480 Sidewalk Coverage A 13 C D I- 4 Divided ss ** 2,030 2,950 3,120 0 -84% ** >5 >4 >3 >2 6 Divided ** ** 3,170 4,450 400 85 -100% >6 >4 >3 ?2 ?1 ARTERIAL/ NON -STATE ROADWAY ADJUSTMENTS Other Signalized Roadways (alter corresponding volume by the indicated percent) (signalized intersection analysis) Level of Service Lanes Mcdian Left Turns Lines Adjustment Factors Lanes Divided A B C D E 2 Divided Yes +5% 2 Undivided ss '* 450 950 1,200 2 Undivided No -20% 4 Divided s* ** 1,050 2,070 2,400 Multi Undivided Yes -5 %b Source: Florida Deparlincnt ofTransporlaion 05/17107 Mulli Undivided No 25% Systems Planning Office 605 Suwannee Strccl, MS 19 ONE -WAY FACILITIES Tallahassee, FL 32399 -0450 Multiply fire corresponding two - directional volumes in this table by O.G.. littp: / /wtww.dol.state. fl.us/ planning /systems /sin /lostdcfitilt.litm 'Values shown are presented as hourly two•uby volumes for levels of service sad are for the outomobilelmck modes unless specifically stared. Although presented as peak hour two-way volumes. they Actually represent peak hour peak direction conditions with An applicable D factor Applied. This table does not constitute a suundard and should be used only for geneml planning applications. The computer models from whidt this table is derived should be used for more specific planning applications. the table and deriving compmer models should not be used for covidor or intersection design, where more refined techniques exrst. level of service letter grade thresholds ere probably nor comparable across modes and. therefore, cross modal conymrisons should be made with caution. Autlmennore. combining levels ofsen ice of different modes into emc overall roadway level of sm•icc is not recommended. Calculations arc based on planning applirniians of the Highway Capacity pima +l, Bicycle LOS Model. Pedestrian LOS Niodel and Transit Capacity and Quality of Sm•ice \lanced, ms. pcetivcly for the automobile "tru& bicycle, pedestrian and bus modes, ••CAnnm be Achieved using table input value dcfaulm '••Tot applicable for that M•c1 of service Inter Sack. For automobile truck modes. volumes greater than level of service D became F because intersection capacities have been reached. For bicycle and mlestrien modes. the level of service letter made fntclodina Fl is tmt achievable- beemne there is no masimam vehicle vmlumc threshold wino table innut value defaults. G -10 r � . Transmittal If enclosures are not received as noted below, please call sender or Woolpert at 704.525.6284 Date: November 7, 2007 To: Scott Kurleman City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 -5520 727.562.4567x2504 We are sending you ❑ Shop Drawings ❑ Other Re: Clearwater Collections - hhgregg Order Number: 67470.99 Shipped Via: UPS Next Day ORIGINAL RECEIVED NOV 0 8 2007 PLANNING DEPARTMENT CITY OF CLEARWATER ❑ Samples ❑ Specifications ® Plans ❑ Change Order Copies Date No. Description 1 Scaled Elevation Drawing Remarks: Mr. Kurleman, Enclosed please find the requested drawing. Please call if you have any questions. Signature: Chad H. Huggins WOOLPERT, INC. 8731 Red Oak Boulevard, Suite 101 • Charlotte, North Carolina 28217 -3958 704.525.6284 • Fax 704.525.8529 • www.woolpert.com FLS2007 -11047 21800 US HIGHWAY 19 N Storm Water Condition Phuong Vo 562 -4752 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Traffic Eng Condition Bennett Elbo 562 -4775 11/16/2007 Submitt a copy of the Traffic Impact Analysis to the Traffic Operation's Division for our files. Not Met 2.Provide 2 additional handicapped parking spaces in front of proposed building with access to building entrance compliant with Florida Accessibility Code for Building Construction Chapter 11, Section 11- 4.6.2. 3. Provide handicapped parking stall and sign details compliant with City standards. (Contact Bennett Elbo at (727)562 -4775 for these details) 4. Install ADA standard truncated domes where sidewalk crosses the driveways. 5. Show typical dimensions for drive aisles and parking stalls on the site plan. 6. Show all pavement markings, signage and traffic control devices. Use shall comply with standards set forth by the Manual on Uniform Traffic Control Devices (MUTCD). (Development Code Section: 3 -1410) The above to be addressed prior to a Development Order (D.O.). General Note(s): 1) 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. Print Date: 12/24/2007 Page 2 of 2 CaseConditons 1ff /� /ICI 16 0 Conditions Associated With FLS2007 -11047 21800 US HIGHWAY 19 N Engineering Condition Steve Doherty 11/21/2007 Prior to issuance of a Development Order: 562 -4773 1. Provide a copy of a recorded cross access/ cross - parking agreement with the adjoining property owner that is binding upon successive property owners. Prior to the issuance of a Building Permit: 1.Applicant shall pay all applicable sewer and water impact fees. 2. Revise Utility Note #4 on page C400: Indicate the depth of cover over the water main shall be a minimum of 30" and a maximum of 42" below finished grade. (City of Clearwater Contract Specifications and Standards, Part "B" Technical Specifications, Section IV, Article 41.03(8)(1). 3. Show on the plans how Solid Waste is to be handled. 4. Show on the plan location of Fire Hydrant Assembly(s), Fire Department Connection (if required), Backflow Prevention Devices and other appurtenances. Prior to the issuance of Certificate of Occupancy: Applicant shall submit 5 sets of as -built drawings that are signed and sealed by a professional engineer or land surveyor registered in the State of Florida. The Construction Services Inspector will field inspect as -built drawings for accuracy. 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 Condition Sarah Josuns 562 -4897 11/21/2007 Please Note: An Asbestos Survey is usually required prior to conducting any interior or exterior renovations. Please contact Mickey Long at Pinellas County Air Quality (464 -4422) for further information. Land Resource Condition Rick Albee 727- 562 -4741 11/28/2007 No issues. Parks & Recs Condition Debbie Reid 11/16/2007 No issues - open space fee paid on this land in 1987. Storm Water Condition Phuong Vo 11/15/2007 The following shall be addressed prior to issuance of building permit. 562 -4818 562 -4752 1. Provide a SWFWMD permit or letter of exemption. 2. Replace the proposed manhole located at northeast corner of the building with the grate inlet. 3. Provide a detail sheet of all storm structures. Grate inlets shall have a traffic bearing capacity. General note: Not Met Not Met Not Met Not Met Not Met CaseConditons Print Date: 12/24/2007 Page 1 of 2 -0') 3 L7 CL I a m 3 -a c U N U a � x I r 0 c � c mot- c CO ( O 0) 3 x I ( 0 0 Ci I 0 0 X t PU m ui a Q F v r In (n ( a a a c� ( a a T v � a a 3 L ' a J U Q � EA r ° 00 r a � ( U � 0 �. cp CD a E0 Oc '0 0 U p O z m / I- _ a C O 0 J L O D V D D V 7 y O U D L J 5 5 n y ^J V L I =�I y y I i G � � I a � > I J I v I i I t � W n rte, i I . R , NOVEMBER 2, 2007 ij� 111''I'lu :4 1 11 11- Alcol'U4 zjl:: WOOLPERT, INC. 8731 Red Oak Boulevard Suite 101 Charlotte, North Carolina 28217 704.525.6284 WOOLPERT PAX: 704.525.8529 i ` Q& .w I F I J 1 2 I0.1GNgM V1.6 4 �% Jy K I.- 0 - - - -- v LFFF.- 1 STY WAS BLDG LFfi. - 1735 III ' III I III I III I III I III I I II I BRIGHTHOUSE NETWORKS III I FIELD PARKING IS A I SCHENATIC DESIGN BASED ON III LIMITED INFORMATION i it r cm. r ourrtx Y^ (Y� 4 c. =I =T= =-T-= I �I r- Ig LOT 1 I — — C=S lc—�Y --� — I _ /-0ONFwaucNr 11.0 LOT2 �IIa °o re Secs •oa y �+ sl o ly �Im N 0 I ZI o I U z 0 w U - 1 I� 5 C� ca+c U C D Pe lol ro ei owe Porn v S +n; ° i 1' I _ I I I� �}I -ICI U fl I I I 1 SIOM wSMM PENUANEIrr ORN WLE mC {-}I II I Ip �JI—. L I� JI1 I I PASEMFM OR NINAG 10711 2011 uj LOT 4 91 I pi 6'6u + L+1L m�r� -��1� I � I} ----- - -r� -� }y 15' PM4NQ FA'2 M �8 ' 6..0 PO 2002 gR 01 I Xs D _ R AA— , I I b I �pI I l l s 1 CWREM z � I �1 I NErE floM Polo Rw[ 'tacfw.t r /MgeW 10'ORNIACEId7MrIIl1Y FA5EMEM .SRtVf bROA P9 a FVI7 DREIN $jam (100' MMT- OF -4Y) — — — — — — — — — — —C— — — — — — — — — — — — — — — — — — — i' 'GUI f - M1+ VICINITY MAP 'FIL-5 o'lao 7— It O zi 7 . r . .tt 1/1:11 U 3 1—k \ cj V\ NN C-,`-J_ 'X `A ' \'A , SEC r ttttr -� ♦ — 11/02/07 ♦ — 11/02/07 ♦ — 11/02/07 ♦ — 11/02/07 ♦ — 11/02/07 hh r egg, 11/02/07 0 — 11/02/07 0 13 — 11/02/07 ♦ - 11/02/07 ♦ - 11/02/07 O - 11/02/07 U — 11/02/07 SEC r ttttr -� ♦ — 11/02/07 ♦ — 11/02/07 ♦ — 11/02/07 ♦ — 11/02/07 ♦ — 11/02/07 ♦ — 11/02/07 0 — 11/02/07 ♦ — 11/02/07 ♦ - 11/02/07 ♦ - 11/02/07 O - 11/02/07 O — 11/02/07 ot"- SUNSHINE STATE ONE CALL OF FLORIDA IT IS THE LAW Call two full business days before you dig. 1- 800 - 432-4770 SHEET INDEX C000 ....................... COVER SHEET COO 1,C002 ...............GENERAL NOTES 2 SHEETS ................ BOUNDARY AND TOPOGRAPHIC SURVEY C101 ....................... DEMO PLAN C200 ....................... SITE PLAN C300 ....................... GRADING PLAN/ ERSION CONTROL PLAN C301 ....................... EROSION CONTROL DETAILS C400 ....................... UTILITY PLAN C600 . ...................... LANDSCAPE PLAN C601 . ...................... LANDSCAPE DETAILS C700 ....................... DETAILS C800 ....................... LIGHTING PLAN DRAWING INDEX LEGEND MOST RECENT ISSUE OR REVISION DATE 101 C000 COVER SHEET LATEST REVISION NUMBER FILLED CIRCLE INDICATES DRAWING INCLUDED WITH THIS ISSUE No.l DATE I REVISION PROJECT No.: �N w N0 GTATE 017 ' 0 �� A •V SEAL 067470 C000 �-3 z 1 STORM SEWERS All storm drain pipe installed within the City of Clearwater shall be reinforced concrete unless otherwise specified or approved by the City Engineer. Said pipe shall comply with Section 941 of the current FDOT Specifications. All reinforced concrete pipe joints shall be wrapped with Mirafi 14ON filter fabric or equivalent (as approved by the City Engineer). The cost for all pipe joint wraps shall be included in the unit price for the pipe. h fitting the i found m the If any s All pipe, just before being lowered into a trench, is to be inspected and cleaned. y y g pieces together, this fitting is to be done on the surface of the street before laying the pipe, and the tops plainly marked in the order in which they are to be laid. No pipe is to be trimmed or chipped to fit. Each piece of pipe is to be solidly and evenly bedded, and not simply wedged up. Before finishing each joint, some suitable device is to be used to find that the inverts coincide and pipe is clear throughout. 1.1 AS BUILT INFORMATION The Contractor shall submit to the Engineer the stations and left or right offsets of all manholes, inlet structures and terminals ends of subdrains, as measured from the nearest downstream manhole along the centerline of the sewer along with the elevations of the north edge of manhole cover, inverts of all pipe in structures, and the flow line of inlets. (Gutter) 1.2 TESTING The Contractor shall take all precautions to secure a perfectly watertight sewer under all conditions. At the discretion of the City Engineer or his designee, the watertightness of a sewer which has a crown lying below groundwater level may be tested by measuring the infiltration. The watertightness of sewers having crowns lying above groundwater level may be tested by filling the pipe with water so as to produce a hydrostatic head of two feet or more above the crown of the sewer at the upper end of the test section of the water table outside of the sewer, whichever is higher, and then measuring the exfiltration. In no case shall the infiltration or exfiltration exceed 150 gallon per inch of diameter per mile per day. The Contractor shall furnish all labor, materials and equipment to test the amount of infiltration or exfiltration under the Engineer's direction. Where the infiltration or exfiltration is excessive the Contractor at his own expense shall take the necessary steps to remedy such conditions by uncovering the sewer, remaking the joints or by replacing the entire length of sewer as required by the Engineer. No trench made joints may be backfilled until after they have been tested and found to be acceptable. Care shall be taken to avoid flotation. The above tests shall be performed at the discretion of the Engineer on any or all sections of the line. 1 BACKFILL Material for backfill shall be carefully selected from the excavated material or from other sources as may be required by the Engineer. Such material shall be granular, free from organic matter or debris, contain no rocks or other hard fragments greater than 3" in the largest dimension and all fill shall be similar material. Backfill placed around pipes shall be carefully placed around the sides and top of pipe by hand shovels and thoroughly compacted to 12" above the pipe by tamping or other suitable means. Backfill under all types of paving shall be compacted in layers not to exceed 12" in thickness unless alternate method is approved by the Engineer. Backfill shall be a minimum of 98% compaction as determined by the modified Proctor Density Test to the bottom of pavement. Backfill outside of pavement areas shall be compacted the full depth to the ground surface to a minimum of 95% compaction of AASHTO T 180 Standard Density Test. The cost of backfill shall be included in the unit price bid per lineal foot of the pipe, or, in the case of other underground structures, in the cost of such structure. 1 SANITARY SEWERS AND FORCE MAINS 1.1 MATERIALS 1.1.1 GRAVITY SEWER PIPE GRAVITY SEWER PIPE SHALL BE POLYVINYL CHLORIDE OR DUCTILE IRON. Polyvinyl chloride pipe and fittings shall conform with ASTM specification D 3034 for S.D.R. 35. The pipe shall be plainly marked with the above ASTM designation. The bell end of joints and fittings shall have a rubber sealing ring to provide a tight flexible seal in conformance with ASTM D 3212 76. The laying length of pipe joints shall be a maximum of 12.5 feet. Unless otherwise noted in these specifications or construction plans, Ductile Iron pipe and fittings for gravity sewer shall conform to Section 41 of these Technical Specifications for DIP water main except pipe shall be interior "polylined" ir: accordance with manufacturer's recommendations. Where sanitary sewer main is to be placed between building lots in sideline easement, the sewer main shall, insofar as possible, be constructed without manholes or lateral connections within the side easement. The pipe material in the side easement between streets shall be C 900, SDR 18 polyvinyl chloride water main pipe as described in Technical Section 41. 1.1.2 FORCE MAIN PIPE FORCE MAIN PIPE SHALL BE POLYVINYL CHLORIDE OR DUCTILE IRON. Unless otherwise noted in the specifications or construction plans, both polyvinyl chloride and ductile iron force main pipe and fittings shall conform to Section 41 of these Technical Specifications for water main pipe except that DIP shall be "polylined" in accordance with manufactures recommendations. All polyvinyl chloride pipe which has become deteriorated due to exposure to ultraviolet radiation shall be rejected. 1.2 INSTALLATION 1.2.1 GRAVITY SEWER PIPE Installation of gravity sewer pipe shall be in conformance with recommended practices contained in ASTM D 2321 and Unibell UNI B 5. - The bottom trench width in an unsupported trench shall be limited to the minimum practicable width allowing working space to place and compact the haunching material. The use of trench boxes and movable sheeting shall be performed in such a manner that removal, backfill and compaction will not disturb compacted haunching material or pipe alignment. Dewatering of the trench bottom shall be accomplished using adequate means to allow preparation of bedding, placement of the haunching material and pipe in the trench without standing water. Dewatering shall continue until sufficient backfill is placed above the pipe to prevent flotation or misalignment. Where pipe bedding is insufficient to adequately support pipe, the contractor will be required to remove unsuitable material and bed pipe in Class I material (1/2" Dia. aggregate) to provide firm support of pipe. Connections to manholes with sanitary pipe shall use a joint 2 feet in length and shall use an approved water stop around pipe joint entry. The laterals shown on the plans do not necessarily reflect exact locations. The contractor is required to locate all existing laterals for reconnection and to coordinate with the construction inspector the location of all new laterals. 1.2.2 FORCE MAIN PIPE Installation of force main pipe shall be in conformance with Section 41 of these Technical Specifications for water main pipe. 1.3 AS BUILT DRAWINGS The contractor shall submit to the Engineer a marked set of "As Built" construction drawings describing both the stations and left or right offset of all lateral terminal ends as measured from the nearest downstream manhole along the center line of the sewer main. The as built drawings will also describe elevations of the north edge of the manhole cover rings and inverts of all main pipes in manholes. 1.4 TESTING 1.4.1 TESTING OF GRAVITY SEWERS The Contractor shall take all precautions to secure a perfectly water tight sewer under all conditions. The water tightness of a sewer which has a crown lying below groundwater level may be tested by measuring infiltration. The water tightness of sewers having crowns lying above groundwater level may be tested by filling the pipe with water so as to produce a hydrostatic head of two feet or more above the crown of the sewer at the upper end of the test section or the water table outside of the sewer, whichever is higher, and then measuring the exfiltra- tion. In no case shall the infiltration or exfiltration exceed 50 gallon per inch of diameter per mile per day. The Contractor shall furnish all labor, materials and equipment to test the amount of infiltration or exfiltration under the Engineer's direction. Where the infiltration or exfiltration is excessive, the Contractor at his own expense shall take the necessary steps to remedy such conditions by uncovering the sewer, remaking the joints or by replacing the entire length of sewer as required by the Engineer. No such repaired joints may be backfilled until after they have been tested and found to be acceptable. Care shall be taken to avoid flotation. The above tests shall be performed at the discretion of the Engineer on any or all sections of the line. 1.4.2 TESTING OF FORCE MAINS . Force mains shall be tested under a hydrostatic pressure of 150 P.S.I. for one hour, as described in Section 41.04 of these Technical Specifications for the testing of water mains. 1 SANITARY MANHOLES 1.1 BUILT UP TYPE Manholes shall be constructed of brick with cast iron frames and covers as shown on the drawings. Invert channels shall be constructed smooth and semicircular in shape conforming to inside of adjacent sewer section. Changes in direction of flow shall be made in a smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall be formed by one of the following methods: form directly into concrete manhole base, build up with brick and mortar, lay half tile in concrete, or lay full section of sewer pipe through manhole and break out top half of pipe. The manhole floor outside of channels shall be made smooth and sloped toward channels. Free drop in manholes from inlet pipe invert to top of floor outside the channels shall not exceed twenty four inches. Standard Drop Manholes shall be constructed wherever free drop exceeds twenty four inches. Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be smoothed from inside of manholes. The entire exterior of brick manholes shall be plastered with one half inch of mortar. Brick used may be solid only. Brick shall be laid radially with every sixth course being a stretcher course. 1.2 PRECAST TYPE Precast Sanitary Manholes shall conform to this specification unless otherwise approved by the City Engineer. AASHTO M 85 Type II cement shall be used throughout with a minimum wall thickness of 5 inches. The precast sections shall conform to ASTM C 478 latest revision. Section joints shall be a tongue and groove with "ram neck" gasket or "O" ring to provide a watertight joint. Minimum concrete strength shall be 4000 psi at 28 days. Three sets of shop drawings and location inventory shall be submitted to the City Engineer for approval. Approval of shop drawings does not relieve contractor of responsibility for compliance to these specifications unless letter from contractor requesting specific variance is approved by the City Engineer. Location inventory submitted with shop drawing shall detail parts of manhole per manhole as numbered on the construction plans. All manhole parts shall be numbered or lettered before being sent to the job site to permit proper construction placement. A plan or list of the numbering system shall be present on the job site when manhole components are delivered. Precast manhole dimensions, drop entry, grout flow of channel, etc., shall be as shown on City of Clearwater Engineering Detail #302 Sheet 2 of 3. Manhole sections shall be rejected if abused during shipping or placement and if pipe openings are not properly aligned. The "break in" to precast manholes for pipe entry will not be allowed. The manhole base shall be set on a pad of A 1 or A 2 Classification soil approximately five (5) inches thick to secure proper seating and bearing. Between the top of the manhole cone and the manhole cover frame, a manhole adjustment ring shall be installed. The intent of the manhole adjustment ring is to accommodate future grade changes without disturbing the manhole. 1.2.1 MANHOLE ADJUSTMENT RINGS (GRADE RINGS) 1. All grade adjustments of manhole frame and cover assemblies shall be completed utilizing the following: High Density Polyethylene Grade Adjustment Rings - Comply with ASTM Standard D -1248 for recycled plastic. a. Material properties shall be tested and certified for usage by the following ASTM methods: b. Property Test Method Acceptable Value c. Melt Flow IndexASTM D1238 0.3 to 30 g / 10 min. d. Density ASTM D792 0.94 to 0.98 g / cm3 e. Tensile Strength ASTM D638 2.00 to 5 x 103 lb / in 2 E Polyethylene adjusting rings shall not be used when they are exposed to heated hot mix asphalt pavement. g. Tapered configuration: When used in a single configuration tapered adjusting ring thickness will range from 0.5 inch to 3.0 inch. h. Grade adjustment rings are to be installed on clean flat surfaces according to the manufacturer's recommendations with the proper Butyl Rubber sealantladhesives. 2. The inside diameter of the adjustment ring shall not be less than the inside diameter of the manhole frame. 3. Manholes shall be constructed with at least two adjustment rings. 4. Maximum height of adjustment ring stack: 12 inches max. for new manholes and 16 inches max. on existing manholes. 1.3 DROP MANHOLES Standard drop inlets to manholes shall be constructed of commercial pipe, fittings and specials as detailed on the drawings. 1.4 FRAMES AND COVERS Manhole frames and covers shall be set in a full bed of mortar with the top of the cover flush with or higher than finished grade as directed. Refer to Detail 301. 1.5 MANHOLE COATINGS The exterior and interior of all built up manholes shall be coated with two coats of bitumastic black solution 300 M as manufactured by Koppers Company, Inc. or approved equal. Interior of built up manholes which have sewers entering with a free drop or which receive discharge from a force main shall have the inside plastered with 1/2 inch of grout and coated as precast manholes below. The exterior and interior of all precast manholes shall be coated with at least 15 mils dry thickness of PROCO EP 214 351 Epoxi Mastic as manufactured by Protective Coatings Inc. 1.6 CONNECTIONS TO MANHOLES Connections to existing sanitary manholes using approved PVC sewer main shall be made with a manhole adapter coupling by Flo Control, Inc., or approved water stop coupling. 1 CLEARING AND GRUBBING The work included in this specification includes the removal and disposal of all structures, appurtenances, asphalt, concrete, curbs, walls, trees, roots, vegetation, boulders, conduits, poles, posts, pipes, inlets, brush, stumps, debris and other obstructions resting on or protruding through the ground surface necessary to prepare the area for construction. Clearing and grubbing shall be performed in accordance with Section 110 of FDOT's Standard Specifications (latest edition). Unless otherwise specified in the contract documents, the Contractor shall take ownership of all removed material and dispose of them off -site in accordance with all Local, State and Federal Requirements. .1 UNSUITABLE MATERIAL REMOVAL All unsuitable material, such as muck, clay, rock, etc., shall be excavated and removed from the site. All material removed is property of the Contractor, who shall dispose of said material off -site at his expense. The limits of the excavation shall either be shown on the plans, or determined in the field by the Engineer in conjunction with the City's Materials Tester. 1 EROSION AND SILTATION CONTROL 1.1 STABILIZATION OF DENUDED AREAS No disturbed area may be denuded for more than thirty (30) calendar days unless otherwise authorized by the City Engineer. During construction, denuded areas shall be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent vegetation. Within sixty (60) calendar days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures per the original site plan, whether by impervious surface or landscaping. 1.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES Fill material stockpiles shall be protected at all times by on -site drainage controls which prevent erosion of the stockpiled material. Control of dust from such stockpiles may be required, depending upon their location and the expected length of time the stockpiles will be present. In no case shall an unstabilized stockpile remain after thirty (30) calendar days. 1.3 PROTECTION OF EXISTING STORM SEWER SYSTEMS During construction, all, storm sewer inlets in the vicinity of the project shall be protected by sediment traps such as secured hay bales, sod, stone, etc., which shall be maintained and modified as required by construction progress, and which must be approved by the City Engineer before installation. 1.4 SEDIMENT TRAPPING MEASURES Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative buffers and other measures intended to trap sediment and/or prevent the transport of sediment onto adjacent properties, or into existing water bodies; must be installed, constructed, or, in the case of vegetative buffers, protected from disturbance, as a first step in the land alteration process. Such systems shall be fully operative and inspected by the City before any other disturbance of the site begins. Earthen structures including but not limited to berms, earth filters, dams or dikes shall be stabilized and protected from drainage damage or erosion within one week of installation. 1.5 SEDIMENTATION BASINS Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive remedy against downstream siltation and will be shown and detailed on construction plans. During development, permanent detention areas may be used in place of silt basins, provided they are maintained to the satisfaction of the City. The Contractor will be required to prohibit discharge of silt through the outfall structure during construction of any detention area and will be required to clean out the detention area before installing any permanent subdrain pipe. In addition, n of the one andatth the end r rl at final inspection 1 cleaned out and operating properly m be total 'on areas must detente Y p gp P Y permanent year warranty period. When temporary sedimentation basins are used, they shall be capable at all times of contain -ing at least one (1) cubic foot of sediment for each one hundred (100) square feet of area tributary to the basin. Such capacity shall be maintained throughout the project by regular removal of sediment from the basin. 1.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES Land alteration and construction shall be minimized in both permanent and intermittent waterways and the immediately adjacent buffer of 25 feet from top of bank of the waterways and the buffer area whenever possible, and barriers shall be used to prevent access. Where in channel work cannot be avoided, precautions must be taken to stabilize the work area during land alteration, development and /or construction to minimize erosion. If the channel and buffer area are disturbed , during land alteration, they must be stabilized within three (3) calendar days after the in channel work is completed. Silt curtains or other filter /siltation reduction devices must be installed on the downstream side of the in channel alteration activity to eliminate impacts due to increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided by the contractor and removed when construction is completed. The area of the crossing shall be restored to a condition as nearly as possible equal to that which existed prior to any construction activity. 1.7 SWALES, DITCHES AND CHANNELS All swales, ditches and channels leading from the site shall be sodded within three (3) days of excavation. All other interior swales, etc., including detention areas will be sodded prior to issuance of a Certificate of Occupancy. 1.8 UNDERGROUND UTILITY CONSTRUCTION The construction of underground utility lines and other structures shall be done in accordance with the following standards: a. No more than 400 lineal feet of trench shall be open at any one time; b. Wherever consistent with safety and space consideration, excavated material shall be cast to the uphill side of trenches. Trench material shall not be cast into or onto the slope of any stream, channel, road ditch or waterway. 1.9 MAINTENANCE All erosion and siltation control devices shall be checked regularly, especially after each rainfall and will be cleaned out and/or repaired as required. 1.10 COMPLIANCE Failure to comply with the aforementioned requirements may result in a fine and/or more stringent enforcement procedures such as (but not limited to) issuance of a "Stop Work Order ". City of Clearwater Standard Detail Drawings No. 601 607 are examples of accepted methods that may be used or required to control erosion and siltation. 1 WATER MAINS AND APPURTENANCES 1.1 SCOPE The Contractor shall furnish all plant, labor, materials and equipment to perform all operations in connection with the construction of water mains and appurtenances including clearing, excavation, trenching, backfilling and clean up. 1.2 MATERIALS 1.2.1 GENERAL Materials, equipment and supplies furnished and permanently incorporated into the project shall be of first quality in every respect and shall be constructed and finished to high standards of workmanship. Materials shall be suitable for service intended, shall reflect modern design and engineering and shall be fabricated in a first class workmanlike manner. All materials, equipment and supplies shall be new and shall have not been in service at any time previous to installation, except as required in tests or incident to installation. Machined metal surfaces, exposed bearings and glands shall be protected against grit; dirt, chemical corrosion and other damaging effects during shipment and construction. 1.2.2 PIPE MATERIALS AND FITTINGS 1.2.2.1 DUCTILE IRON PIPE Ductile Iron Pipe shall be in accordance with ANSI/AWWA C151/A21.51 81 or latest revision. Pipe thickness class, wall thickness and working pressure shall conform to the following table: SizeClassThickness (In.)Rated Water Working Pressure (PSI)4 "510. 263506 "500. 253508 "500.2735012 "500.3135OThe trench laying condition shall be Type 2, Flat bottom trench backfill lightly consolidated to centerline of pipe. Pipe shall be manufactured in accordance with ANSI/AWWA C15l/A21.51 81 or latest revision. Pipe shall be asphalt coated on the outside and standard cement lined and sealed coated with approved bituminous seal coat in accordance with ANSI /AWWA C104/A21.4 80 or latest revision. 1.2.2.2 POLYVINYL CHLORIDE (PVC) PIPE Polyvinyl Chloride (PVC) Pipe 4" through 8" shall be in accordance with ANSI/AWWA C900 81 or latest revision and the American Society for Testing Materials (ASTM) Standard D 2241 and PVC Resin Compound conforming to ASTM Specification D 1784. Polyvinyl Chloride Pipe shall have the same O.D. as Cast and Ductile Iron Pipe and be compatible for use without special adapters with Cast Iron Fittings. Pipe dimension ratio, working pressure and laying length shall conform to the following table: SizeDimension Ratio (OD/Thick.)Rated Water Working Pressure (PSI)Laying Length ( Ft)41815020618150208181502OPipe larger than 8" shall be ductile iron. The City Engineer reserves the right to require the use of ductile iron in sizes 4" through 8" when needed due to laying conditions or usage. The bell of 4" and larger PVC pipe shall consist of an integral wall section with a solid cross section elastomeric ring which meets the requirements of ASTM D 1869. Each length of pipe shall bear identification that will remain legible during normal handling, storage and installation and so designate the testing agency that verified the suitability of the pipe material for potable water service. All polyvinyl chloride pipe shall be laid with an insulated 12 gauge A.W.G. solid strand copper wire wound around the pipe forming one complete spiral per joint of pipe. This wire is to be continuous with splices made only by methods approved by the Engineer. This wire is to be secured to all valves, tees and elbows. 1.2.2.3 FITTINGS AND JOINTS Fitting from 4" through 16" in size will be compact ductile iron cast in accordance with ANSI /AWWA C153 /A 21.53 with mechanical joint bells. Bolts, nuts and gaskets shall be in accordance with requirements of ANSI/AWWA C153 /A 21.53. The working pressure rating shall be 350 P.S.I. Ductile iron fittings shall be coated and lined in accordance with require requirements of ANSI /AWWA C104/A21.4. Mechanical joint glands shall be ductile iron in accordance with ANSI /AWWA C111 /A 21.11. When reference is made to ANSI /AWWA Standards, the latest revisions apply. Only those fittings and accessories that are of domestic (USA) manufacture will be acceptable. 1.2.2.4 RESTRAINT Restraint of plugs, caps, tees, bends, etc., shall be accomplished by the use of approved mechanical restraining rings or glands installed per manufacturers recommendations. Hydrants shall be restrained by the use of swivel connecting joints. Restraining mechanical joint glands on hydrants shall be used only where hydrant runout length precludes the use of swivel joint connectors. • 1.2.2.5 PIPE WITHIN CASING All pipe placed within casings shall be slip joint ductile iron restrained by the use of restraining gaskets designed for use with the particular joint being installed. 1.2.3 GATE VALVES Discs of valves shall be operated by methods which will allow operation in any position with respect to the vertical. Valves for interior piping or exposed above grade outside structures, shall be handwheel operated. Valves three inches and larger, buried in earth shall be equipped with 2 inch square operating nuts, valve boxes and covers. Valves shall be fitted with joints suitable for the pipe with which they are to be used. The direction of opening for all valves shall be to the left (counter clockwise). Pressure Rating: Unless otherwise shown or specified, valves for high pressure service shall be rated at not less than 150 psi cold water, nonshock. The manufacturer's name and pressure rating shall be cast in raised letters on the valve body. Installation: Installation shall be in accordance with good standard practice. Exposed pipelines shall be so supported that their weight is not carried through valves. Smaller than two inch: Gate valves less than two inches in diameter shall be of brass and shall conform to Federal Specification WW V 54, Type 1 or 11 with screwed joints. Valves for interior piping shall be Type 11, wedge disc, rising stem, inside screw type. Valves for buried service shall be Type 1, wedge disc, nonrising stem. ate valves in resilient seated shall inch diameter, sha Valves, 4 to 16 in er: Gate Val g ' een Inch Diameter: , Four Inch to Sixteen , conformance with ANSI/A.W.W.A. Standard Specification C509 80 or latest revision. These valves shall include the following features consistent with C509 -80, full opening unobstructed waterway, zero leakage at 200 p.s.i. differential pressure, all internal parts removable from bonnet without removing body from pressure main, corrosion resistent bronze nonrising stem with O ring bonnet seal and internal cast iron parts coated with corrosion resistent coating. Larger than sixteen inch: Gate valves larger than 16" shall be suitable for the service intended and shall be iron body, bronze mounted, double disc type with O ring seals. All valves shall be equipped with steel cut bevel gears, extended type gear case and rollers, bronze or babbitt tracks and scrapers and valved by pass. 1.2.4 VALVE BOXES Valve boxes shall be of standard extension design and manufacture and shall be made of cast iron. Suitable sizes of valve boxes and extension pieces shall be provided where shown. The valve box cover shall be of cast iron. Valve boxes and their installation shall be included in the bid price for valves. 1.2.5 HYDRANTS Fire hydrants used in extension to or replacement of the City of Clearwater water system shall be the following hydrants: • Kennedy Guardian #K 81D Fire Hydrant, • Mueller Centurion Fire Hydrant Catalog Number A 423 • U.S. Pipe Metropolitan No substitutions shall be allowed without the approval of the City of Clearwater. Above fire hydrants shall be in accordance with the latest revision of the AWWA Specification C 502 and include the following modifications: 1. Basic design will be the dry barrel type which prevents the operating threads from coming in contact with the service water. It will be of the compression type, opening against the pressure and closing with the pressure. 2. The operating threads will be contained in an operating chamber sealed at the top and bottom with an "O" ring seal. The chamber will contain a lubricating grease or oil. 3. Hydrant barrel will be of the "Breakable Type" made in two sections with the flange or break feature located approximately 2" above the ground line. 4. Main valve opening of the hydrant will be not less than 5 1/4 ". 5. Hydrant nozzles will consist of two 2 1/2" hose nozzles and one 4 1/2" pump nozzle. Threads shall be in accordance with the National Standard Hose Coupling Thread Specifications. 6.7he hydrant will be so designed to permit the removal of all working parts from the hydrant up through the barrel without disturbing the earth around the hydrant or disassembling the barrel. 7. Main valve seat will be made of bronze and threaded into a bronze retaining ring. Or it may be threaded into a heavy bronze bushing in the hydrant base. 8: Hydrant will be designed with an anti friction bearing so located that it will reduce the torque required to operate the hydrant. 9. There will be a minimum of two bronze or brass drain outlets. 10. Hydrants shall be painted with one coat of primer and one coat of yellow paint at the factory and one finish coat of yellow paint after installation. All paints shall comply with AWWA Standard C502 -85 or its latest revision. 11. The main valve stem will be made in two sections with a breakable coupling. 12. Hydrants shall be left open (counter clockwise) and shall have a National Standard 1 1/2" pentagon operating nut. 13. Hydrant base outlet will be 6" and will be mechanical joint with fittings. All hydrants will be shop tested in accordance with the latest AWWA Specification C 502. Constrained joint assemblies shall be used which have bolted mechanical and swivel joints from the hydrant tee through to the hydrant. Constrained joints shall absorb all thrust and prevent movement of the hydrant. All fire hydrants shall be provided with an auxiliary gate valve so that the water to the hydrant may be shut off without the necessity of closing any other valve in the distribution system. 1.2.6 SERVICE SADDLES Service saddles shall be used on all service taps to 4" P.V.C. water main. The largest service connection allowable on 4" main shall be 1 1/2 ". Service saddles shall be used on all 2" service connections to 6" and larger mains. Service saddles shall be wide bodied ductile iron with epoxy or nylon coating and shall have stainless steel straps. 1.2.7 TESTS, INSPECTION AND REPAIRS 1. All materials shall be tested in accordance with the applicable Federal, ASTM or AWWA Specification and basis of rejection shall be as specified therein. Certified copies of the tests shall be submitted with each shipment of materials. 2. All materials will be subject to inspection and approved by the Engineer after delivery; and no broken, cracked, misshapen, imperfectly coated or otherwise damaged or unsatisfactory material shall be used. 3. All material found during the progress of the work to have cracks, flaws, or other defects shall be rejected and promptly removed from the site. 4. If damage occurs to any pipe, fittings, valves, hydrants or water main accessories in handling, the damage shall be immediately brought to the Engineer's attention. The Engineer shall prescribe corrective repairs or rejection of the damaged items. 1.2.8 BACKFLOW PREVENTERS Backflow prevention devices installed on customer's service lines at the point of delivery (service connection) shall be of a type in accordance with AWWA specification C506 78 or its latest revision. Two (2) different types of backflow prevention devices are allowed. Type of device, when required, is determined by the degree of hazard presented to the municipal water system from possible backflow of water within the customers private system. The types of devices allowed are: 1. Double Check Valve Assembly a device composed of two single, independently acting, approved check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve. 2. Reduced pressure principle backflow prevention device a device containing a minimum of two independently acting, approved check valves, together with an automatically operated pressure differential relief valve located between the two check valves. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks. Since installed devices must be tested annually and may be maintained by the City of Clearwater, following are the approved models of devices allowed for installation by customers of the City of Clearwater Water Distribution system: DOUBLE CHECK VALVE 2" and SmallerLarger than 2" Conbraco 4010OConbraco 4010OHersey Beeco Model FDCHersey Beeco No. 2Watts Model 709 or 007Watts Model 709 or 007FEBCO Model 805YAmes 2000 SS REDUCED PRESSURE TYPE 2" and SmallerLarger than 211 Ames 5000 SSConbraco 4020OConbraco 4020OHersey Beeco Model FRP IlHersey Beeco Model 6CMFEBCO Model 825YWatts Model 909 or 009Watts Model 909 or 009 1.2.9 TAPPING SLEEVES , Steel body tapping sleeves shall be JCM Industries Inc., JCM 412; Clow Corporation 3460; or equal. All steel body tapping sleeves shall have heavy welded ASTM A 285, Grade C steel body, stainless steel bolts, manufacturer's epoxy coated body, and 3/4" bronze test plug. 1.2.10 BLOW OFF HYDRANTS Blow offs shall be box hydrants having a 2" main valve, closing with the water pressure. These flush mounted hydrants shall have a 2" FIP inlet, with the outlet being a 2 1/2" bronze male nozzle. With all working parts also of bronze, these hydrants will open to the left and have a removable bronze seat, which seals against a seat rubber of no less durometer than 85. All hydrants shall be as manufactured by Kupferle Foundry, St. Louis, Mo., Model #35B or approved equal. , ` , ; . °p1� Ili L , .A• %': rP, -,,►.v, � 0 O . a ¢ 0 i ; • C .• - a, 1 .N G +' ", \ 0 0 N W W W Q 0 O Z ,::- LU M:' r}, C, J a M .1. e j, C, 't �` C . `,. Q M. LLJ, C- w `t i € F�� U) Z O �- U W J J CM 0 c U L 0) W = Q 3: W Q W J SHEET NO. 0 rx O J LL W H Q W J V C001 co W H O Z J 9 W Z W O OO Z r N O N V ( 1 -� U 7) U U N O Ix I-- N 0 IL 0 0 0 0 F�� U) Z O �- U W J J CM 0 c U L 0) W = Q 3: W Q W J SHEET NO. 0 rx O J LL W H Q W J V C001 co W H O Z J 9 W Z W N 00 N v L- 0 •O L 0 O U M N U � -� 00 Z o O Z 00 N N u7 � -- 4 a_ 4-J p N O� N L O � � � O Q 3: 00 in U r- LL- F�� U) Z O �- U W J J CM 0 c U L 0) W = Q 3: W Q W J SHEET NO. 0 rx O J LL W H Q W J V C001 co W H O Z J 9 W Z W 1.3 CONSTRUCTION 1.3.1 MATERIAL HANDLING 1. Pipe, fittings, valves, hydrants and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded rolled against pipe already on the ground. 2. Pipe shall be so handled that the coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. 3. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. 1.3.2 PIPE LAYING 1.3.2.1 ALIGNMENT AND GRADE The pipe shall be laid and maintained to the required lines and grades with fittings, valves and hydrants at the required locations, spigots centered in bells; and all valves and hydrant stems plumb. The depth of cover over the water main shall be a minimum of 30" and a maximum of 42" below finished grade, except where approved by the Engineer to avoid conflicts and obstructions. Whenever obstructions not shown on the plans are encountered during the progress of the work and interfere to such an extent that an alteration of the plans is required, the Engineer shall have the authority to change the plans and order a deviation from the line and grade or arrange with the Owners of the structures for the removal, relocation, or reconstruction of the obstructions. 1.3.2.2 INSTALLATION Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient performance of the work. All pipe, fittings, valves and hydrants shall be carefully lowered into the trench piece by piece by means of a derrick, ropes, or other suitable tools or equipment in such a manner as to prevent damage to materials and protective coatings and linings. Under no circumstances shall materials be dropped or dumped in the trench. If damage occurs to any pipe, fittings, valves, hydrants or accessories in handling, the damage shall be immediately brought to the Engineer's attention. The Engineer shall prescribe corrective repairs or rejection of the damaged items. All pipe and fittings shall be carefully examined for cracks and other defects while suspended above the trench immediately before installation in final position. Spigot ends shall be examined with particular care as this area is the most vulnerable to damage from handling. Defective pipe or fittings shall be laid aside for inspection by the Engineer who will prescribe collective repairs or rejection. All lumps, blisters, and excess coating shall be removed from the bell and spigot end of each pipe, and the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry and free from oil and grease before the pipe is laid. Pipe joints shall be made up in accordance with the manufacturer's recommendations. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being placed in the line. If the pipelaying crew cannot put the pipe into the trench and in place without getting earth into it, the Engineer may require that, before lowering the pipe into the trench, a heavy, woven canvas bag of suitable size shall be placed over each end and left there until the connection is to be made to the adjacent pipe. During laying operation, no debris, tools, clothing or other materials shall be placed in the pipe. As each length of pipe is placed in the trench, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. The pipe shall be secured in place with approved backfill material tamped under it except at the bells. Precautions shall be taken to prevent dirt from entering the joint space. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the Engineer. The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or cement lining and so as to leave a smooth end at right angles to the axis of the pipe. Pipe shall be laid with bell ends facing in the direction of laying unless directed otherwise by the Engineer. Where pipe is laid on the grade of 10 per cent or greater, the laying shall start at bottom and shall proceed upward with the bell ends of the pipe upgrade. Wherever it is necessary to deflect pipe from a straight line, either in the vertical or horizontal plane to avoid obstructions or to plumb stems; or where long radius curves are permitted, the amount of deflection allowed shall not exceed that allowed under the latest edition of ANSUAWWA C600 -82 and C900 81 or latest revisions. No pipe shall be laid when, in the opinion of the Engineer, trench conditions are unsuitable. 1.3.3 SETTING OF VALVES, HYDRANTS AND FITTINGS 1.3..1 3 GENERAL Valves, hydrants, fittings, plugs and caps shall be set and joined to pipe in the manner specified above for installation of pipe. 1.3.3.2 VALVES Valves in water mains shall, where possible, be located on the street property lines extended unless shown otherwise on the plans. The valve box shall not transmit shock or stress to the valve and shall be centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the finished pavement or such other level as may be directed. 1.3.3.3 HYDRANTS Hydrants shall be located as shown or as directed so as to provide complete accessibility and minimize the possibility of damage from vehicles or injury to pedestrians. All hydrants shall stand plumb and shall have their nozzles parallel with, or at right angles to, the curb, with the pumper nozzle facing the curb. Hydrants shall be set to the established grade, with nozzles as shown or as directed by the Engineer. Each hydrant shall be connected to the main with a 6 inch ductile iron branch controlled by an independent 6 inch gate valve. 1.3.3.4 ANCHORAGE Movement of all plugs, caps, tees, bends, etc., unless otherwise specified shall be prevented by attaching approved mechanical restraining rings or glands and installed per manufacturers recommendations. Hydrants shall be held in place with restrained swivel joints. Restraining mechanical joint glands on hydrants may be used where hydrant runout length precludes the use of hydrant connecting swivel joints. Where special anchorage is required, such anchorage shall be in accordance with details shown on the plans or specified in the field by the Engineer. CONNECTIONS TO EXISTING LINES Where shown on the plans or directed by the Engineer, the water lines constructed under this contract shall be connected to the existing lines now in place. No such connection shall be made until all requirements of the specifications as to tests, flushing, and sterilization have been met and the plan of the cut in to the existing line has been approved by the Engineer. Where connections are made between new work and existing work, the connections shall be made in a thorough and workmanlike manner using proper materials and fittings to suit the actual conditions. All connections to existing facilities will be completed under the supervision of the City of Clearwater Water Division. 1.4 TESTS 1.4.1 HYDROSTATIC TESTS After installation of water mains, complete with all associated appurtenances including service taps, all sections of newly laid main shall be subject to a hydrostatic pressure test of 150 pounds per square inch for a period of one hour. The pressure test shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. The pump, pipe connection and all necessary apparatus, together with operating personnel, shall be famished by the Contractor at his expense. The Contractor shall make all necessary taps into the pipe line. The Owner will furnish the water for the test. Before applying the test pressure, all air shall be expelled from the pipe line. 1.4.2 NOTICE OF TEST The Contractor shall give the City of Clearwater Water Division 48 hours advance notice of the time when the installation is ready for hydrostatic testing. 1.5 STERILIZATION Before the system is put into operation, all water mains and appurtenances and any item of new construction with which the water comes in contact, shall be thoroughly sterilized. 1.5.1 STERILIZING AGENT The sterilizing agent shall be liquid chlorine, sodium hypochlorite solution conforming to Federal Specification 0 S 602B, Grade D, or dry hypochlorite, commonly known as "HTH" or "Perchloron ". 1.5.2 FLUSHING SYSTEM Prior to the application of the sterilization agent, all mains shall be thoroughly flushed. Flushing shall continue until a clean, clear water flows from the hydrants. Where hydrants are not available for flushing, such flushing shall be accomplished at the closest point available to the ends of the lines. 1.5.3 STERILIZATION PROCEDURE All piping, valves, fittings and all other appurtenances shall be sterilized with water containing a minimum chlorine concentration of 75 ppm at any point in the system. This solution shall then remain in the distribution system for a minimum contact period of eight hours before it is flushed out. All valves in the lines being sterilized shall be opened and closed several times during the contact period. 1.5.4 RESIDUAL CHLORINE TESTS After the sterilization outlined above has been accomplished, flushing shall continue until free residual chlorine tests not less than 0.2 ppm nor more than 3.0 ppm. Residual chlorine test shall be in accordance with standard methods using a standard DPD test set. 1.5.5 BACTERIAL TESTS After the water system has been sterilized and thoroughly flushed as specified herein, City of Clearwater Water Division personnel shall take samples of water from remote points of the distribution system in suitable sterilized containers. The City shall forward the samples to the Florida State Board of Health for bacterial examination. If tests of such samples indicate the presence of coliform organisms, the sterilization as outlined above shall be repeated until tests indicate the absence of such pollution. The bacterial tests shall be satisfactorily completed before the system is placed in operation and it shall be the Contractor's responsibility to perform the sterilization as outlined above. If methods of sterilization differ materially from those outlined above, such methods shall be in accordance with directives of the Florida State Board of Health and all methods employed shall have the approval of that agency. Definite instructions as to the collection and shipment of samples shall be secured from the Florida State Board of Health prior to sterilization and shall be followed in all respects. The City of Clearwater shall secure final approval of the bacterial samples from the Florida State Board of Health before the water distribution system is put into operation. 1.1 LANDSCAPE 1.1.1 GENERAL 1.1.1.1 RELATED DOCUMENTS A.The Contract Documents shall include the Plans, Details, Specifications, Bid Proposal, Contract Agreement, including Installation Schedule, all Addenda, and Contractual and Special Conditions when required. 1.1.1.2 REQUIREMENTS OF REGULATORY AGENCIES A.Comply with Federal, State, Local, and other duly constituted authorities and regulatory agencies, without additional cost to the Owner in matters pertaining to codes, safety, and environmental matters. B. Any permits for the installation or construction of any of the work included under the contract, which are required by any of the legally constituted authorities having jurisdiction, shall be arranged for by the Contractor and paid for directly by the Contractor, unless otherwise agreed upon in writing. 1.1.1.3 SCOPE OF WORK A.AII provisions of Contract, including General and Special Provisions and Plans, apply to the work specified in this Section. The Scope of Work includes everything for and incidental to executing and completing all landscape work shown on the Plans, Schedules, Notes and as specified herein. B.Furnish and provide all labor, plants and materials tools and equipment necessary to prepare the soil for plantings, to install and care for all plant materials (including finish grading if necessary); to remove and/or transplant existing plants if indicated; to furnish, plant, fertilize, guy and brace, water, mulch and prune all new plant materials; and to execute all other Work as described herein or indicated on the Plans. C. Work under this Section shall include labor and materials for final grading and raking to prepare the site for sodding, sprigging, or seeding, so finished lawn or playing field will appear even and uniform, will drain adequately, and will comply with the intent of the landscape drawings. D. Initial maintenance of landscape materials as specified in this document. 1.1.1.4 QUALITY ASSURANCE A.Landscape work shall be contracted to a single firm specializing in landscape work, who shall in turn subcontract no more than 40% of the work specified. All subcontractors under the control of the Contractor involved in the completion of the landscape work, shall be made known to the Owner and the Landscape Architect prior to their commencement of work on the project. B. All work of this Section shall conform to the highest standard of landscape practices. C. The Plant Material Schedule included with these Plans is provided only for the Contractor's convenience; it shall not be construed as to conflict or predominate over the Plans. If conflict between the Plans and Specifications exists, the Plan shall predominate and be considered the controlling document. D.During this work, the Contractor shall be responsible for maintaining safety among persons in his employ in accordance with the standards set by The Occupational Safety and Health Act of 1970 (and all subsequent amendments). Owner and Landscape Architect shall be held harmless from any accident, injury or any other incident resulting from compliance or non - compliance with these standards. E. The Contractor shall cooperate with and coordinate with all other trades whose work is built into or affects the work in this Section. F. All appropriate utility companies and agencies shall be contacted 72 hours prior to excavation. Call "One Call" at 1- 800 -432 -4770. G. The Contractor shall carefully examine the site and all existing conditions affecting the work, such as: soil, obstructions, existing trees, utilities, etc. Report any conditions in conflict with the work to the Landscape Architect. 1.1.1.5 SUBMITTALS A.The Contractor is required to submit prior to the expiration of the required maintenance period, two copies of typewritten instructions recommending procedures to be established by the Owner for maintenance of landscape work for a period of one year. B. Furnish unit prices for all plant materials and inert materials, including labor for all specified work. 1.1.1.6 ALTERNATES, ADDITIONS, DELETIONS, SUBSTITUTIONS A.If there are additions /alternates included in these Plans and Specifications, the Contractor must propose prices to accomplish the work stated as additions /alternates at the time of bidding. B. The Owner, through his Project Representative, reserves the right to add or deduct any of the work stated herein without rendering the Contract void. C. The Contractor must have written approval by the Project Representative for any substitutions not previously agreed to in the purchase agreement: installation without approval is entirely at the Contractor's risk. D.AII material acquired through additions or substitutions shall be subject to all conditions and warranties stated herein. 1.1.1.8 PRODUCT DELIVERY, STORAGE, AND HANDLING 1.1.1.8.1 PLANT MATERIALS A.Provide container grown or, if appropriate, freshly dug trees and shrubs. Do not prune prior to delivery. Do not bend or bind trees or shrubs in such a manner as to damage bark, break branches or destroy natural shape. Provide protective covering during delivery. If plant delivery is made in open vehicles, the entire load shall be suitably covered. B. All plants are to be handled at all times so that roots or root balls are adequately protected from sun, cold, or drying winds. No root balls for trees and container plants that have been cracked or broken shall be planted except upon special approval. Plants shall not be pulled by the tops or stems, nor handled in a rough or careless manner at any time. C. Balled and burlapped plants shall be moved with firm, natural, balls of soil, not less than 1 foot diameter of ball; to every 1 inch caliper of trunk; root ball depth shall not be less than 2/3 of root ball diameter. B & B plants which cannot be planted upon delivery shall have their root balls covered with moist soil or mulch. D. Trees shall be dug with adequate balls, burlapped, and wire bound if needed. Root pruning to be done a minimum of 4 weeks before removal from the field and planting at the site. Root balls may not be encased in "grow bags" or other synthetic material, except plastic shrink wrap for transport only. E. Remove all fronds form sabal palms prior to planting, but leave a minimum of 12 inches of new frond growth above the bud. Do not damage bud. On all other palms, only a minimum of palm fronds shall be removed from crown to facilitate moving and handling. Clear trunk shall be determined after minimum fronds have been removed. Boots shall be removed from trunk unless otherwise specified. Palms shall be planted within 24 hours of delivery. F. Deliver trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage, and cover to keep the roots moist. G. Label at least one tree and one shrub of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. H.Sod: Time delivery so that sod will be placed within twenty-four (24) hours after stripping. Protect sod against drying and breaking by covering palettes of sod or placing in a shaded area. 1.1.1.9 JOB CONDITIONS 1.1.1.9.1 ACCEPTANCE OF JOB CONDITIONS. A.The Contractor shall examine the sub - grade, verify elevations, observe the conditions under which work is to be performed and notify the Landscape Architect or Project Representative in writing of unsatisfactory conditions prior to beginning work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Landscape Architect. Start of work shall indicate acceptance of conditions and full responsibility for the completed work. B.Proceed with and complete the landscape work as rapidly as portions of the site become available, working within the seasonal limitations for each kind of landscape work and following the approved schedule. If seasonal limitations apply, notify the Landscape Architect for adjustments to the Schedule. C. Determine locations of all underground utilities and review for conflicts with planting procedures. D. When adverse conditions to plant growth are encountered, such as rubble fill, drainage conditions or obstruction, the Contractor shall notify the Landscape Architect in writing prior to planting. E. Plant trees and shrubs after final grades are established and prior to the planting of lawns, protecting lawn trees and promptly repairing damages from planting operations. 1.1.1.9.2 SCHEDULING OF WORK A.The work shall be carried out to completion with the utmost speed. Immediately upon award of contract, the Contractor shall prepare a construction schedule and furnish a copy to the Owner's Representative and/or the Landscape Architect for approval. The Contractor shall carry out the work in accordance with the approved schedule. B. If the Contractor incurs unforeseen costs, such as overtime hours, holidays, etc. in order to complete the work within the time stated in the Contract, and/or to maintain the progress schedule, all said costs shall be borne by the Contractor at no additional cost to the Owner. C. The Owner's Representative's may request in writing work stoppage. Upon written request from the Owner's Representative, the Landscape Contractor shall suspend delivery of material and stop all work for such a period as deemed necessary by the Owner, the Owner's Representative, or the General Contractor with respect to any additional costs which may result from work stoppage. 1.1.1.9.3 UTILITIES A.The Contractor shall perform work in a manner which will avoid conflicts with utilities. Hand excavate, as required, to minimize possibility of damage to underground utilities. Maintain grade stakes set by others until removal is mutually agreed upon by all parties concerned. 1.1.2 PRODUCTS 1.1.2.1 MATERIALS 1.1.2.1.1 PLANT MATERIALS: NOMENCLATURE A.Plant species, sizes, etc. shall be per Plans and Specifications on Plant Material Scheduled. Nomenclature is per Manual of Cultivated Plant, Standard Encyclopedia of Horticulture, L.H. Bailey, or Standardized Plant Names Dictionary, American Joint Committee on Horticultural Nomenclature (latest editions), or conforms with names accepted in the nursery trade. 1.1.2.1.2 PLANT MATERIALS: QUALITY ASSURANCE A.Provide healthy, vigorous stock grown under climatic conditions similar to conditions in the locality of the project. Plants shall have a habit of growth that is normal for the species and be sound, healthy, vigorous and free from insect pests or their eggs, plant diseases, defects and injuries. Plants shall be well branched and densely foliated when in leaf and shall have healthy, well - developed root systems. B. Trees shall be heavily branched or, in the case of palms, be heavily leafed. Some plant materials may be collected stock with the approval of the Landscape Architect. Provided tree species that have a single main trunk (central leader), unless otherwise stated. Trees that have the main trunk forming a "Y" shape or parallel branching are not acceptable. C. Plant materials shall be specified and shall be Florida #1 or better as to shape and quality for the species as outlined in Grades and Standards for Nursery Plants Part I and Il, Florida Department of Agriculture and Consumer Services (latest edition). D.The Owner or Landscape Architect reserves the right to inspect plant materials either at the place of growth or at the project site prior to planting for compliance with requirements for name variety, size quality, or designated area. E. Landscape materials shall be shipped with certificates of inspection as required by governmental authorities. The Contractor shall comply with all governing regulations that are applicable to landscape materials. F. Do not make substitutions. If specified landscape material is not available, submit Landscape Architect proof of it being non - available. In such event, if the Landscape Architect designates an available source, such shall be acquired from designated source. When authorized, a written change order for substitute material will be made by adjustment to Contract amount. G.Height and/or width of trees shall be measured from ground up; width measurement shall be normal crown spread of branches with plants in the normal position. This measurement shall not include immediate terminal growth. All measurements shall be taken after pruning for specified sizes. All trees and shrubs shall conform to measurements specified in the plant material schedule, except that plant material larger than specified may be used with the approval of the Owner or Landscape Architect; with no increase to the Contract price. Plant materials shall not be pruned prior to delivery. H.Plant Material shall be symmetrical, typical for variety and species. Plants used where symmetry is required shall be matched as nearly as possible. I. Balled and burlapped plants shall have firm, natural balls of earth of sufficient diameter and depth to encompass the feeding root system necessary for full development of the plant and to conform with the standards of the American Association of Nurserymen. Root balls and tree trunks shall not be damaged by improper binding and B & B procedures. J. Container -grown plants may be substituted for balled and burlapped plants or vice -versa provided the quality is equal or better than specified and the Landscape Architect approves the substitution. K.Container grown stock shall have been grown in containers for at least four months, but not over two years. If requested, samples must be shown to prove no root bound condition exists. 1.1.2.1.3 GRASSES: SOD OR SEED A.Sod or seed (as/if specified) shall be a species as stated on the Plan. Solid sod shall be of even thickness and with a good root structure, 95% free of noxious week, freshly mowed before cutting, and in healthy condition when laid. It must not be stacked more than 24 hours before laying and it must be grown in soil compatible to that in which it will be installed. Sod must be kept moist prior to and after installation. B. Seed shall be delivered to the site in unopened bags with certification tags in place. Purity, germination and weed content shall be as certification requirements. 1.1.2.1.4 MULCH A.Mulch shall be 100% Grade `B" shredded cypress bark mulch, thoroughly mixed with a pre- emergence weed killer according to the label directions as specified on the plan. B. Install mulch to an even depth of 3" before compaction. 1.1.2.1.5 FERTILIZER A.Granular fertilizer shall be uniform in composition; free flowing and suitable for application with approved equipment; received at the site in full, labeled, unopened bags bearing the name, trade name or trademark and warranty of the producer; fully conforming to State of Florida fertilizer laws. B. All fertilizer shall bear the manufacturer's statement of analysis and shall contain the appropriate minimum amounts of elements for the type of use specified herein. C.Agriform 20 -10 -5 fertilizer tablets or approved equal, shall be placed in planting pit for all plant materials at time of installation and prior to completion of pit backfilling. D.Ground cover and annual areas shall receive fertilization with Osmocote Time Release Fertilizer according to product instructions and rate. E. For sod and seeded areas, fertilize with a complete granular fertilizer on Bahia and St. Augustine grass at the rate of one (1) pound of nitrogen per one thousand (1,000) square feet. Fertilizer shall be commercial grade, mixed granules, with 30% - 50% of the nitrogen being in slow or controlled release form. The ratio of nitrogen to potash will be 1:1 or 2:1 for complete fertilizer formulations. Phosphorus shall be no more than '/a the nitrogen level. They shall also contain magnesium and micronutrients (i.e. manganese, iron, zinc, copper, etc.). 1.1.2.1.6 STAKES AND GUYS A.For trees, approved plastic or rubber guys shall be used between the stakes and the tree trunk. Galvanized steel guy wire shall not be used. B. Stakes shall be out from 2" x 4" pressure treated (p.t.) stock for trees over 2" caliper. Stakes shall be 2" x 2" pressure treated (p.t.) stock for trees 2" caliper and under. A minimum of 2 stakes per tree or an optional 3 stakes per tree shall be used. C. For single trunk palms, stakes shall be cut from 2" x 4" pressure treated (p.t.) stock, with a minimum of 3 stakes per palm. Batten consisting of 5 layers of burlap and 5 - 2" x 4" by 16" wood connected with two - %" steel bands shall be used around the palm trunk. D.Other tree staking systems may be acceptable if approved. 1.1.2.1.7 PLANTING SOIL A.Unless stated on the plans or in the specifications, install plant material in tilled and loosened native soil backfill. It is the responsibility of the Landscape Contractor to test, prior to planting and at no additional cost to the Contract, any soils which may be unsuitable for the vigorous growth of plants. Unsuitable conditions shall be reported to the Landscape Architect immediately in writing. B. When required, planting soil media shall be provided by the Contractor and shall consist of 1/3 peat and 213 sandy loam, with no lumps over F. C. Backfill and clean fill dirt provided by the Contractor shall be in a loose, friable soil. There must be slight acid reaction to the soil (about 6.0 - 6.5 pH) with no excess of calcium or carbonate, and it shall be free from excess weeds, clay lumps, stones, stumps, roots and toxic substances or any other materials that might be harmful to plant growth or a hindrance to grading, planting, and maintenance procedures and operations. No heavily organic soil, such as muck or peat shall be used as fill dirt. D.Bed preparation for annual beds under 1 gallon container size shall consist of 3" of Florida peat or other approved organic soil amendment spread over full length and width of planting area. Rototil organic layer 6 inches to 8 inches into native soil. 1.1.2.1.8 SOIL AMENDMENTS A.Terra -Sorb AG or approved equal, soil amendment shall be mixed with native or planting soil for all trees, shrubs, ground cover, and annuals according to manufacturer's recommended application rates and methods, if specified on the Plans. 1.1.2.1.9 TREE PROTECTION A. Wood fencing shall be 2" x 4" pressure treated (p.t.) stock with flagging on horizontal members. Space vertical members 6 feet to 8 feet on center. The barricade shall be placed so as to protect the critical protection zone area, which is the area surrounding a tree within a circle described by a radius of one foot for each inch of the tree's diameter at breast height DBH at 4 - %2 feet above grade. 1.1.2.1.10 ROOT BARRIER SYSTEM A.Root barrier fabric shall be installed when specified in the plans and/or specifications for protection of adjacent paved surfaces according to specific product name or equal. Install as directed by the manufacturer. 1.1.2.1.11 PACKAGED MATERIALS A.Deliver packaged materials in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at the site. 1.1.2.1.12 PESTICIDES A. Pesticides shall be only approved, safe brands applied according to manufacturer's directions. 1.1.3 EXECUTION 1.1.3.1 PREPARATION 1.1.3.1.1 OBSTRUCTIONS BELOW GROUND A.It shall be the responsibility of the Contractor to locate and mark all underground utilities, irrigation lines and wiring prior to commencement of the work. B. If underground construction, utilities or other obstructions are encountered in excavation of planting areas or pits, the Landscape Architect shall be immediately notified to select a relocated position for any materials necessary. 1.1.3.1.2 GRADING AND PREPARATION FOR PLANT MATERIALS A.AII proposed landscape areas containing existing turf grass or weeds shall be treated with Monsanto's "Round -Up" per manufacturer's specifications. All proposed landscape areas adjacent to water bodies shall be treated with "Rodeo" per the manufacturer's specifications. B. New plant materials will not be installed until a 98% weed/turf eradication has been achieved. More than one application may be required to produce an acceptable planting bed. C. Pre - emergent herbicides are not a substitute for spray treatment of "Round -Up" or "Rodeo ", and may be used only with the written approval of the Landscape Architect. D.Should any plant material in the same, or adjacent beds be damaged by these chemicals, the same size, quantity and quality of plants shall be immediately replaced by the Contractor at no cost to the Owner. E. Any necessary corrections or repairs to the finish grades shall be accomplished by the Contractor. All planting areas shall be carefully graded and raked to smooth, even finish grade, free from depressions, lumps, stones, sticks or other debris and such that they will conform to the required finish grades and provide uniform and satisfactory surface drainage without puddling. F. The Contractor shall remove debris (sticks, stones, rubbish) over 1 - '/2 inches in any dimension form individual tree, shrub and hedge pits and dispose of the excavated material off the site. 1.1.3.1.3 PREPARATION FOR ANNUAL BED PLANTING A.Prepare native subgrade by rototilling or loosening by hand methods. Spread 3 inches of Florida peat (1/3), sandy loam (1/3), or other approved organic soil amendment over the full length and width of planting area for annuals. Rototill organic layer 6 inches to 8 inches into the native soil. Grade the planting bed by "crowning' to insure that surface drainage, percolation, and aeration occur at rapid rates. Add Osmocote time release fertilizer according to product instructions and rate. 1.1.3.1.4 PREPARATION FOR SEEDING AND SOD AREAS A.AII proposed sod areas containing existing turf grass or weeds shall be treated with Monsanto's "Round -Up" per manufacturer's specifications. All proposed sod areas adjacent to water bodies shall be treated with "Rodeo" per the Manufacturer's Specifications. B. Limit preparation to areas which will be planted promptly after preparation. Loosen sub -grade of seed and sod areas to a minimum depth of 4 inches. C. Immediately prior to any turf work, the Contractor shall finish grade the soil to a smooth, even surface assuring positive drainage away from buildings and the subsequent turf flush to the tops of adjacent curbs and sidewalks. The surface shall be sloped to existing yard drains. D.A complete fertilizer shall be applied to St. Augustine or Bahia grass at a rate of one (1) pound of nitrogen per 1000 square feet. Fertilizer shall be commercial grade, mixed granules, with 30% - 505 of the nitrogen being in slow or controlled release form. Thoroughly work fertilizer into the top 4 inches of soil. E. Moisten prepared seed and sod areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting lawns. Do not create a muddy soil condition. 1.1.3.2 INSTALLATION 1.1.3.2.1 BERM CONSTRUCTION (IF SPECIFIED) A. Install berms at location and design shown on Plans and at the height and slope indicated. Height stated is for finished berm with soil at natural compaction. B. Exact location and configuration of berms may require modification to allow proper drainage; such changes will be coordinated with the Landscape Architect. C.If shown on the Plan, construct berms using clean sandy loam fill dirt which is well- drained, free of rocks, roots, or other debris, with a soil pH of an acid Nature (about 6.0 - 6.5). No heavily organic soil, such as muck or peat shall be used in berm construction. 1.1.3.2.2 LAYOUT OF PLANT MATERIALS A.Unless otherwise stipulated, plant materials shall be approximately located per the plans by scale measurements using established building, columns, curbs, screen walls, etc. as the measuring reference point. Slight shifting may be required to clear wires, prevent blockage of signage, etc. B. Shrubs and ground covers shall be located and spaced as noted on the plant material schedule (if provided), otherwise plants will be placed in the planting beds at the normally accepted spacing for each species. C. Leave an 18 inch (450 millimeters) border of mulched space between outer leaves of installed plant material and the bed line, curb, or building foundation wall for all plant sizes. D.Any necessary "minor" adjustments in the layout of planting shall be made by the Contractor with the approval of the Landscape Architect in order to conform as nearly as possible to the intent of the plans. 1.1.3.2.3 PLANTING PROCEDURES A.AII shrubs, trees and ground covers or vines shall be planted in pits having vertical sides and being circular in outline. Planting pit shall be 3 to 5 times the width of the root ball. B.Plants shall be set straight or plumb, in the locations shown, at such level that after settlement normal or natural relationship of the top of the root ball with the grounds `lwltIIIrit,` .4 ''� '( to , ' '`I ``� .' ... •� f� , O ,, . 1• f- - - .0 4 W 1:•u _� .0 o I .�T`�,; . - •, v� 4( . A l , , � ,0 , 4•. .•0,1 /i, '4.04.•'` �,N �,1 1Ir,. ,�,IIti11 Ld = ,1.: 1, ,J H 0 Iq r_ 112 - 160 O ; Z ,: - tic N Z r 00 W w 55 � � V (O W O r U U - � W � .. �. 2 0 W o A H 0 Iq M_ 9 F R_� U) Z O W .J .J 0) 0 I Vi 0) W = a 3: W Q W J 0 SHEET NO. Q O J IL 0 W I— Q W J V X11111K W F- O Z J 9 LL9 Z W r_ 160 O N O N Z r 00 H., d- � � � V (O W O r U U U � W � 0 IL o 0 0 0, U M_ 9 F R_� U) Z O W .J .J 0) 0 I Vi 0) W = a 3: W Q W J 0 SHEET NO. Q O J IL 0 W I— Q W J V X11111K W F- O Z J 9 LL9 Z W r_ N 00 N o � 0 C N O D 0 U M N Ln U 00 .� --Er- Z_ 0 0 d- trj O Z � I-- 70 V N O a' O L.d � d �O N r\ O r j � 0 d: X O r- :3 A-- O Q � 00 V) U r�l LL_ M_ 9 F R_� U) Z O W .J .J 0) 0 I Vi 0) W = a 3: W Q W J 0 SHEET NO. Q O J IL 0 W I— Q W J V X11111K W F- O Z J 9 LL9 Z W I W. P, kn M M O n S c o _ a 3 6 0 a I I I I I I I I I I I I I I I I I I I I I I I I I C:l I I I I I I I I I I i I I I I I I i I I I I I I I i I I I I I LOT 4 FIR 1/2 r S v LB 5776 �O QR� Off. On_ '❑ w w • 11LB 2168 BUILDING CORNER = BUILDING CORNER FND LB 5776 Ln CV r w 0 i 0 M O 0 FND Z ALB 976 N44'30'00 "W 29.09' I' •� G iii O FND co". LB 2168 ❑ PARTIAL TOPOGRAPHIC SURVEY AREA SEE SHEET 2 ❑ Ej LOT 2 E-11 S89'30'00 "E 1 206.00' LOT 4 ON FND LB 5776 FND Oft n O po 0 MO O r-- 0 W i,• J FND LB 2607 PCP FND LB 2168 n 06 N � W 0 O O 00 Z FND LB 2168 THE CLEARWATER COLLECTION SECOND REPLAT PB 107, PGS 24 -25 LOT 1 o� P N89'30'00 "W 267.00' INTERIOR IMPROVEMENTS NOT LOCATED S89'30'00 "E 378.00' FND LB 2168 00 O n Irn CD bi (0 0 V) FND LB 2168 S00030'00 "W 70.64' 50 25 0 50 SCALE: 1 " =50' I ' � I , I I I I i , , , I I I I I �- I I J DRAINAGE EASEMENT I I z I OR 6605, PG 82 -83 I Q w I a I.n rQ� I zl o0 I Q�N wLu J ui I I � 0Y °[o I way 3 I= _ z I CD >- o LL I �ER o I Z J(n o I �ww I Q ~� _ 0�0 ca I I ± � I I � I I N89'30'00 "W 268.94 LBD5776 1 I 1 1 Sn. Rn' I I SND I I I I �I I SND i pGF' QG 86i i i i 0) L E G E N D A/C = AIR CONDITIONER UNIT BLDG = BUILDING (C) = CALCULATED DATA CCR = CERTIFIED CORNER RECORD CLF = CHAIN LINK FENCE CMP = CORRUGATED METAL PIPE CONC = CONCRETE COR = CORNER CPB = CONDOMINIUM PLAT BOOK C/T = CURB TIE (D) = DEED DATA DB = DEED BOOK DIP = DUCTILE IRON PIPE ECMP = ELLIPTICAL CORRUGATED METAL PIPE EL = ELEVATION EP = EDGE OF PAVEMENT ERCP = ELLIPTICAL REINFORCE CONCRETE PIPE (F) = FIELD DATA FCM = FOUND CONCRETE MONUMENT FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION FIR = FOUND IRON ROD FND = FOUND NAIL & DISC FOP = FOUND OPEN PIPE FPP = FOUND PINCHED PIPE FRRS = FOUND RAILROAD SPIKE F/T = FENCE TIE FXC = FOUND X -CUT GE = GRATE ELEVATION IE = INVERT ELEVATION (L) = LEGAL DESCRIPTION DATA LB = LICENSED BUSINESS LS = LICENSED SURVEYOR MAS = MASONRY MHW = MEAN HIGH WATER NP = NORMAL POOL 0/A = OVERALL OR = OFFICIAL RECORDS BOOK (P) = PLAT DATA PB = PLAT BOOK PG = PAGE PLS = PROFESSIONAL LAND SURVEYOR POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PRM = PERMANENT REFERENCE MONUMENT PSM = PROFESSIONAL SURVEYOR & MAPPER P/T = PAVEMENT TIE PVC = POLY VINYL CHLORIDE RCP = REINFORCE CONCRETE PIPE RLS = REGISTERED LAND SURVEYOR R/W = RIGHT -OF -WAY SEC = SECTION SHW = SEASONAL HIGH WATER SIR = SET IRON ROD 1/2" LB 6113 SND = SET NAIL & DISC LB 6113 SR = STATE ROAD S/T = SIDEWALK TIE STY = STORY SW = SIDEWALK TBM = TEMPORARY BENCH MARK (TYP) = TYPICAL VCP = VITRIFIED CLAY PIPE W/ = WITH WF = WOOD FENCE W/T = WALL TIE + 25,25 = POINT OF ELEVATION 25.2' = DIMENSION FROM BUILDING TO BOUNDARY / RIGHT -OF -WAY LINE 21 = BACKFLOW PREVENTER = BOLLARD or POST ® = BOX, CABLE TELEVISION ® = BOX, ELECTRIC UTILITY ❑ A = BOX, ELECTRIC UTILITY (TRANSFORMER) ® = BOX, TELEPHONE = DECORATIVE LIGHT POLE = ELECTRIC OUTLET = FIRE HYDRANT = FLAGPOLE ® = FLARED END SECTION ® = GRATE INLET = GROUND LIGHT E- = GUY ANCHOR = LIGHT POLE, CONCRETE = LIGHT POLE, METAL t = LIGHT POLE, WOOD Fm-M = MAILBOX Q = MANHOLE, ELECTRIC © = MANHOLE, GREASE TRAP Qs = MANHOLE, SANITARY SEWER Q = MANHOLE, STORM SEWER TO = MANHOLE, TELEPHONE ® = METER, ELECTRIC ® = METER, GAS FR-m-1 = METER, RECLAIMED WATER ® = METER, WATER Q = MITERED END SECTION Mw = MONITORING WELL ® = PEDESTRIAN CROSSING SIGNAL ® = SANITARY CLEANOUT O = SCHEDULE B -2 ITEM ® = TELEPHONE RISER = TRAFFIC SIGN FT-s-6-1 = TRAFFIC SIGNAL BOX ss = TRAFFIC SIGNAL POLE )r( = UNDERGROUND CABLE TELEVISION MARKER ® = UNDERGROUND CABLE TELEVISION WARNING SIGN �€( = UNDERGROUND ELECTRIC MARKER ®w = UNDERGROUND ELECTRIC WARNING SIGN = UNDERGROUND FIBER OPTIC MARKER ® = UNDERGROUND FIBER OPTIC WARNING SIGN 1r-f = UNDERGROUND FORCEMAIN MARKER F = UNDERGROUND FORCEMAIN WARNING SIGN )jq = UNDERGROUND GAS MARKER © = UNDERGROUND GAS WARNING SIGN 0 = UNDERGROUND RECLAIMED WATER MARKER ® = UNDERGROUND RECLAIMED WATER WARNING SIGN ( = UNDERGROUND SANITARY SEWER MARKER Fs-w-si = UNDERGROUND SANITARY SEWER WARNING SIGN MT = UNDERGROUND TELEPHONE MARKER FT-gq = UNDERGROUND TELEPHONE WARNING SIGN Zw = UNDERGROUND WATER MARKER rft-m = UNDERGROUND WATER WARNING SIGN c7-Q, = UTILITY POLE, CONCRETE `(&3 = UTILITY POLE, METAL -!a.) = UTILITY POLE, WOOD Gv c>oa = VALVE, GAS Rv Pc4 = VALVE, RECLAIMED WATER SV Boa = VALVE, SANITARY wv Boa = VALVE, WATER p = WELL fpm STORM CURB INLETS LJ /"I l ❑ r� a' a = CONCRETE LOT 2 cQ I I I o -'' = ASPHALT :T3o �r I I N Q DRAINAGE EASEMENT = CONCRETE PAVERS LINE TABLE OR 6605, PG 82 -83 BEARING I I = BRICK ® I n //^^ V INTERIOR IMPROVEMENTS e-I I z NOT LOCATED N00'54'44 "E 0,65 0 I 51,61 = FLOWLINE I I I I z I (n 51,63 = EDGE OF PAVEMENT FALLS WATER IN I � , I I N ' = TOP OF BANK CURVE TABLE � S89'30100 "E i 179.94' 3 i 1 L a = 6' CHAIN LINK FENCE UNLESS OTHERWISE NOTED CURVE RADIUS LENGTH O w I I Z a7 I X55' S" w O 17664.441 246.43 I Q 1'50'32" I IoM - - - - - - -G- - - LOTI 3 a N° 0 = APPROXIMATE LOCATION OF UNDERGROUND WATER LINE i FALLS IN ((O L1 N WATERI N WATER 154.76' - - - -12" PVC - - - -- DRAINAGE EASEMENT FA LS IN I OR 6605, PG 82 -83 WA�ER I L-- - - - - -- I � \� I I L E G E N D A/C = AIR CONDITIONER UNIT BLDG = BUILDING (C) = CALCULATED DATA CCR = CERTIFIED CORNER RECORD CLF = CHAIN LINK FENCE CMP = CORRUGATED METAL PIPE CONC = CONCRETE COR = CORNER CPB = CONDOMINIUM PLAT BOOK C/T = CURB TIE (D) = DEED DATA DB = DEED BOOK DIP = DUCTILE IRON PIPE ECMP = ELLIPTICAL CORRUGATED METAL PIPE EL = ELEVATION EP = EDGE OF PAVEMENT ERCP = ELLIPTICAL REINFORCE CONCRETE PIPE (F) = FIELD DATA FCM = FOUND CONCRETE MONUMENT FDOT = FLORIDA DEPARTMENT OF TRANSPORTATION FIR = FOUND IRON ROD FND = FOUND NAIL & DISC FOP = FOUND OPEN PIPE FPP = FOUND PINCHED PIPE FRRS = FOUND RAILROAD SPIKE F/T = FENCE TIE FXC = FOUND X -CUT GE = GRATE ELEVATION IE = INVERT ELEVATION (L) = LEGAL DESCRIPTION DATA LB = LICENSED BUSINESS LS = LICENSED SURVEYOR MAS = MASONRY MHW = MEAN HIGH WATER NP = NORMAL POOL 0/A = OVERALL OR = OFFICIAL RECORDS BOOK (P) = PLAT DATA PB = PLAT BOOK PG = PAGE PLS = PROFESSIONAL LAND SURVEYOR POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PRM = PERMANENT REFERENCE MONUMENT PSM = PROFESSIONAL SURVEYOR & MAPPER P/T = PAVEMENT TIE PVC = POLY VINYL CHLORIDE RCP = REINFORCE CONCRETE PIPE RLS = REGISTERED LAND SURVEYOR R/W = RIGHT -OF -WAY SEC = SECTION SHW = SEASONAL HIGH WATER SIR = SET IRON ROD 1/2" LB 6113 SND = SET NAIL & DISC LB 6113 SR = STATE ROAD S/T = SIDEWALK TIE STY = STORY SW = SIDEWALK TBM = TEMPORARY BENCH MARK (TYP) = TYPICAL VCP = VITRIFIED CLAY PIPE W/ = WITH WF = WOOD FENCE W/T = WALL TIE + 25,25 = POINT OF ELEVATION 25.2' = DIMENSION FROM BUILDING TO BOUNDARY / RIGHT -OF -WAY LINE 21 = BACKFLOW PREVENTER = BOLLARD or POST ® = BOX, CABLE TELEVISION ® = BOX, ELECTRIC UTILITY ❑ A = BOX, ELECTRIC UTILITY (TRANSFORMER) ® = BOX, TELEPHONE = DECORATIVE LIGHT POLE = ELECTRIC OUTLET = FIRE HYDRANT = FLAGPOLE ® = FLARED END SECTION ® = GRATE INLET = GROUND LIGHT E- = GUY ANCHOR = LIGHT POLE, CONCRETE = LIGHT POLE, METAL t = LIGHT POLE, WOOD Fm-M = MAILBOX Q = MANHOLE, ELECTRIC © = MANHOLE, GREASE TRAP Qs = MANHOLE, SANITARY SEWER Q = MANHOLE, STORM SEWER TO = MANHOLE, TELEPHONE ® = METER, ELECTRIC ® = METER, GAS FR-m-1 = METER, RECLAIMED WATER ® = METER, WATER Q = MITERED END SECTION Mw = MONITORING WELL ® = PEDESTRIAN CROSSING SIGNAL ® = SANITARY CLEANOUT O = SCHEDULE B -2 ITEM ® = TELEPHONE RISER = TRAFFIC SIGN FT-s-6-1 = TRAFFIC SIGNAL BOX ss = TRAFFIC SIGNAL POLE )r( = UNDERGROUND CABLE TELEVISION MARKER ® = UNDERGROUND CABLE TELEVISION WARNING SIGN �€( = UNDERGROUND ELECTRIC MARKER ®w = UNDERGROUND ELECTRIC WARNING SIGN = UNDERGROUND FIBER OPTIC MARKER ® = UNDERGROUND FIBER OPTIC WARNING SIGN 1r-f = UNDERGROUND FORCEMAIN MARKER F = UNDERGROUND FORCEMAIN WARNING SIGN )jq = UNDERGROUND GAS MARKER © = UNDERGROUND GAS WARNING SIGN 0 = UNDERGROUND RECLAIMED WATER MARKER ® = UNDERGROUND RECLAIMED WATER WARNING SIGN ( = UNDERGROUND SANITARY SEWER MARKER Fs-w-si = UNDERGROUND SANITARY SEWER WARNING SIGN MT = UNDERGROUND TELEPHONE MARKER FT-gq = UNDERGROUND TELEPHONE WARNING SIGN Zw = UNDERGROUND WATER MARKER rft-m = UNDERGROUND WATER WARNING SIGN c7-Q, = UTILITY POLE, CONCRETE `(&3 = UTILITY POLE, METAL -!a.) = UTILITY POLE, WOOD Gv c>oa = VALVE, GAS Rv Pc4 = VALVE, RECLAIMED WATER SV Boa = VALVE, SANITARY wv Boa = VALVE, WATER p = WELL fpm STORM CURB INLETS LJ /"I l ❑ SECTION 07, TOWNSHIP 29 S. RANGE 16 Es PINELLAS COUNTY, FLORIDA D E S C R I P T 1 0 N ILOT 2, THE CLEARWATER COLLECTION SECOND REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 107, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT ROAD RIGHT -OF -WAY FOR U.S. HIGHWAY 19, ABUTTING SAID PARCEL ON THE EAST, r� a' a = CONCRETE cQ W 0 -'' = ASPHALT :T3o A. = CONCRETE PAVERS LINE TABLE LINE BEARING DISTANCE = BRICK ® L1 S89'30'00 "E 15.27 52.15 =BACK OF CURB L2 N00'54'44 "E 0,65 51,61 = FLOWLINE 51,63 = EDGE OF PAVEMENT = TOP OF BANK CURVE TABLE = TOE OF SLOPE or CENTER LINE OF DITCH = 6' CHAIN LINK FENCE UNLESS OTHERWISE NOTED CURVE RADIUS LENGTH CHORD BEARING CHORD DELTA X55' S" = OVERHEAD UTILITY LINES Cl 17664.441 246.43 1 S01'50'01 "W 246.42 1'50'32" - - - - - - -G- - - = APPROXIMATE LOCATION OF UNDERGROUND GAS LINE = APPROXIMATE LOCATION OF UNDERGROUND WATER LINE = APPROXIMATE LOCATION OF UNDERGROUND FORCEMAIN = APPROXIMATE LOCATION OF UNDERGROUND RECLAIMED WATER LINE - - - -12" PVC - - - -- = APPROXIMATE LOCATION OF UNDERGROUND SANITARY SEWER LINE — —24" RCP- — — = APPROXIMATE LOCATION OF UNDERGROUND STORM SEWER LINE SECTION 07, TOWNSHIP 29 S. RANGE 16 Es PINELLAS COUNTY, FLORIDA D E S C R I P T 1 0 N ILOT 2, THE CLEARWATER COLLECTION SECOND REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 107, PAGES 24 AND 25, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT ROAD RIGHT -OF -WAY FOR U.S. HIGHWAY 19, ABUTTING SAID PARCEL ON THE EAST, N O T E S 1. BEARINGS ARE BASED ON THE SOUTH LINE OF LOT 2, BEING ASSUMED AS S89'30'00 "E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UTILITIES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDATIONS. UNDERGROUND UTILITY LINE LOCATIONS (IF SHOWN HEREON) ARE BASED UPON UTILITY PROVIDER ATLASES AND VISIBLE SURFACE EVIDENCE. 4. RE -USE OF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED, ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FIELD MEASURED UNLESS NOTED. 6. THIS SURVEY IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 7. THE SITE APPEARS TO BE IN FLOOD ZONE X, X SHADED AND AE (EL 22) ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125096 0126 G, EFFECTIVE DATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103CIND1B, EFFECTIVE DATE MAY 17, 2005, MAP NUMBER 12103CO126C EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS ASSOCIATES, INC. AND THE SIGNING SURVEYOR HEREON ASSUMES NO LIABILITY FOR THE ACCURACY OF THIS DETERMINATION, THE AUTHOR OF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICTION OVER SUCH MATTERS SHOULD BE CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THIS INFORMATION. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP IS FOR USE IN ADMINISTERING THE NATIONAL FLOOD INSURANCE PROGRAM" AND "THAT BASE FLOOD ELEVATIONS (BFEs) SHOWN REPRESENT ROUNDED WHOLE -FOOT ELEVATIONS AND THEREFORE MAY NOT EXACTLY REFLECT THE FLOOD ELEVATION DATA PRESENTED IN THE FLOOD INSURANCE STUDY (FIS) REPORT THE FIS REPORT WAS NOT CONSULTED FOR THIS SURVEY, 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATION AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMATION SHOULD BE VERIFIED WITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN. 9. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERTIFY" IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCIATES, INC. AND ARE PRESUMED TO BE CORRECT, NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WAS PERFORMED BY THIS FIRM FOR THE COMPLETION OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 11. DESCRIPTIONS AND EASEMENTS SHOWN HEREON WERE TAKEN FROM A CHICAGO TITLE INSURANCE COMPANY, COMMITMENT FOR TITLE INSURANCE, OFFICE FILE NUMBER 30335 -628, POLICY NUMBER 7210609 - 198511, EFFECTIVE DATE: APRIL 29, 2005 AT 9:19 AM, SUBJECT TO SCHEDULE B II EXCEPTIONS THEREOF. RECORDED DOCUMENTATION NOT PROVIDED. 12. ELEVATIONS ARE BASED ON NATIONAL GEODETIC SURVEY BENCHMARK, DESIGNATION CAMPUS RM 1, PID AG0440, HAVING AN ELEVATION OF 54,83 NORTH AMERICAN VERTICAL DATUM 1988 (NAVD 88). 13, TREES 4" IN DIAMETER AND LARGER HAVE BEEN LOCATED WITH COMMON NAME AND APPROXIMATE DIAMETER BREAST HIGH. SMALLER TREES, NON- PROTECTED SPECIES (INCLUDING ORNAMENTALS) AND TREES WITHIN JURISDICTIONAL AREAS (IF ANY) HAVE NOT BEEN LOCATED, TREES BY NATURE ARE IRREGULAR IN SIZE AND SHAPE. EVERY EFFORT IS MADE TO ACCURATELY LOCATE TREES, THE TREE LOCATION IS THE CENTER OF THE TREE. THIS LOCATION MAY BE DIFFERENT IF LOCATED FROM A DIFFERENT DIRECTION. ALL TREE LOCATIONS SHOULD BE FIELD CHECKED IF CRITICAL TO DESIGN. C E R T I F I C A T I O N CERTIFIED TO: DEVELOPERS DIVERSIFIED REALTY I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM- TEGaN16AL 1 ,STANDARDS_ SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPT 6 ^ 17"6, RfbA' ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027 FLORIDA STATUTE :: tx 10 -13 -07 ��'', �• �� J �� • ' DATE OF SURVEY JOHN WEIGLE,7 PROF ' SIGNAL LAND' SUR 0 LICE E NUMBER LS 5246,;,:•,..�.'�'� STAT OF FLORIDA PROJECT: CLEARWATER COLLECTIONS LOT 2 TYPE OF SURVEY: BOUNDARY & TOPOGRAPHIC SURVEY PREPARED FOR: DEVELOPERS DIVERSIFIED REALTY POLARIS ASSOCIATES INC. PROFESSIONAL S URVE YI NG LB 6113 18850 U.S. HIGHWAY 19 SUITE 500 CLEARWATER, FLORIDA 33764 (727) 524 -6500 SAVED; 10 /24/2007 11:31 AM PLOTTED: 10 /24/2007 1:03 PM CHECKED BY: SCALE: DRAWN BY: I JOB N0, DRAWING PATH: SHEET JDW 1" = 5 0' JDF 2999 -06 IH: \JN\2999-06\DWG\2999.DWG 1 1 OF 2 r� cQ W 0 0 :T3o A. N O T E S 1. BEARINGS ARE BASED ON THE SOUTH LINE OF LOT 2, BEING ASSUMED AS S89'30'00 "E. 2. SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED. 3. NO EXCAVATION WAS PERFORMED TO VERIFY THE LOCATION OR EXISTENCE OF ANY UNDERGROUND UTILITIES, ENCROACHMENTS, IMPROVEMENTS, STRUCTURES OR FOUNDATIONS. UNDERGROUND UTILITY LINE LOCATIONS (IF SHOWN HEREON) ARE BASED UPON UTILITY PROVIDER ATLASES AND VISIBLE SURFACE EVIDENCE. 4. RE -USE OF THIS SURVEY FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE -USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE TO WHOM CERTIFIED. 5. ALL FOUND POINTS ARE UNMARKED UNLESS OTHERWISE NOTED, ALL PERIMETER BEARINGS AND DISTANCES ARE ALSO FIELD MEASURED UNLESS NOTED. 6. THIS SURVEY IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 7. THE SITE APPEARS TO BE IN FLOOD ZONE X, X SHADED AND AE (EL 22) ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125096 0126 G, EFFECTIVE DATE SEPTEMBER 3, 2003 (MAP INDEX NUMBER 12103CIND1B, EFFECTIVE DATE MAY 17, 2005, MAP NUMBER 12103CO126C EFFECTIVE DATE SEPTEMBER 3, 2003). POLARIS ASSOCIATES, INC. AND THE SIGNING SURVEYOR HEREON ASSUMES NO LIABILITY FOR THE ACCURACY OF THIS DETERMINATION, THE AUTHOR OF THE MAP, THE FEDERAL EMERGENCY MANAGEMENT AGENCY, OR THE LOCAL GOVERNMENTAL AGENCY HAVING JURISDICTION OVER SUCH MATTERS SHOULD BE CONTACTED PRIOR TO ANY JUDGMENTS BEING MADE FROM THIS INFORMATION. THE ABOVE REFERENCED MAP STATES IN THE NOTES TO THE USER THAT "THIS MAP IS FOR USE IN ADMINISTERING THE NATIONAL FLOOD INSURANCE PROGRAM" AND "THAT BASE FLOOD ELEVATIONS (BFEs) SHOWN REPRESENT ROUNDED WHOLE -FOOT ELEVATIONS AND THEREFORE MAY NOT EXACTLY REFLECT THE FLOOD ELEVATION DATA PRESENTED IN THE FLOOD INSURANCE STUDY (FIS) REPORT THE FIS REPORT WAS NOT CONSULTED FOR THIS SURVEY, 8. ANY ZONING INFORMATION SHOWN OR NOTED HEREON IS BASED ON INFORMATION AVAILABLE DURING THE PREPARATION OF THE SURVEY. THIS INFORMATION SHOULD BE VERIFIED WITH THE GOVERNING AUTHORITY PRIOR TO ANY DETERMINATIONS OR DESIGN. 9. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERTIFY" IS UNDERSTOOD TO BE AN EXPRESSION OF A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. 10. UNLESS OTHERWISE INDICATED, THE PROPERTY DESCRIPTION AND EASEMENTS SHOWN WERE FURNISHED TO POLARIS ASSOCIATES, INC. AND ARE PRESUMED TO BE CORRECT, NO SEARCH OF ANY PUBLIC RECORDS, FOR EASEMENTS, DEEDS, ETC., WAS PERFORMED BY THIS FIRM FOR THE COMPLETION OF THIS SURVEY AND THERE MAY BE ADDITIONAL RESTRICTIONS THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 11. DESCRIPTIONS AND EASEMENTS SHOWN HEREON WERE TAKEN FROM A CHICAGO TITLE INSURANCE COMPANY, COMMITMENT FOR TITLE INSURANCE, OFFICE FILE NUMBER 30335 -628, POLICY NUMBER 7210609 - 198511, EFFECTIVE DATE: APRIL 29, 2005 AT 9:19 AM, SUBJECT TO SCHEDULE B II EXCEPTIONS THEREOF. RECORDED DOCUMENTATION NOT PROVIDED. 12. ELEVATIONS ARE BASED ON NATIONAL GEODETIC SURVEY BENCHMARK, DESIGNATION CAMPUS RM 1, PID AG0440, HAVING AN ELEVATION OF 54,83 NORTH AMERICAN VERTICAL DATUM 1988 (NAVD 88). 13, TREES 4" IN DIAMETER AND LARGER HAVE BEEN LOCATED WITH COMMON NAME AND APPROXIMATE DIAMETER BREAST HIGH. SMALLER TREES, NON- PROTECTED SPECIES (INCLUDING ORNAMENTALS) AND TREES WITHIN JURISDICTIONAL AREAS (IF ANY) HAVE NOT BEEN LOCATED, TREES BY NATURE ARE IRREGULAR IN SIZE AND SHAPE. EVERY EFFORT IS MADE TO ACCURATELY LOCATE TREES, THE TREE LOCATION IS THE CENTER OF THE TREE. THIS LOCATION MAY BE DIFFERENT IF LOCATED FROM A DIFFERENT DIRECTION. ALL TREE LOCATIONS SHOULD BE FIELD CHECKED IF CRITICAL TO DESIGN. C E R T I F I C A T I O N CERTIFIED TO: DEVELOPERS DIVERSIFIED REALTY I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM- TEGaN16AL 1 ,STANDARDS_ SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPT 6 ^ 17"6, RfbA' ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027 FLORIDA STATUTE :: tx 10 -13 -07 ��'', �• �� J �� • ' DATE OF SURVEY JOHN WEIGLE,7 PROF ' SIGNAL LAND' SUR 0 LICE E NUMBER LS 5246,;,:•,..�.'�'� STAT OF FLORIDA PROJECT: CLEARWATER COLLECTIONS LOT 2 TYPE OF SURVEY: BOUNDARY & TOPOGRAPHIC SURVEY PREPARED FOR: DEVELOPERS DIVERSIFIED REALTY POLARIS ASSOCIATES INC. PROFESSIONAL S URVE YI NG LB 6113 18850 U.S. HIGHWAY 19 SUITE 500 CLEARWATER, FLORIDA 33764 (727) 524 -6500 SAVED; 10 /24/2007 11:31 AM PLOTTED: 10 /24/2007 1:03 PM CHECKED BY: SCALE: DRAWN BY: I JOB N0, DRAWING PATH: SHEET JDW 1" = 5 0' JDF 2999 -06 IH: \JN\2999-06\DWG\2999.DWG 1 1 OF 2