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TDR2005-11028APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME: Family Trust Agreement dated 2/29/84, known as t MAILING ADDRESS: 619 S. Gulfview Boulevard, Clearwater, FL 33767 PHONE NUMBER: (727) 442 -5107 FAX NUMBER: (727) 447-2009 AGENT NAME: HARRY S. CLINE, ESQ. MAILING ADDRESS: Post Office Box 1669, Clearwater, FL 33757 PHONE NUMBER: (727) 441 -8966 FAX NUMBER: (727) 442 -8470 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER: WILLIAM M. SHEPHARD, as Trustee under the provisions of the She hard Family Trust Agreement•dated 2/29/84, known as the Shephard Family T u: MAILING ADDRESS: 619 S. Gulfview Bouelvard, Clearwater, FL 33767 PHONE NUMBER: LEGAL DESCRIPTION: STREET ADDRESS: PARCEL NUMBER: ZONING DISTRICT: SIZE OF SITE: 727) 442 -5107 FAX NUMBER: {727) 447 -2009 See Exhibit "A" attached hereto and made a part hereof by reference. (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) 1:7-29-15-05004-003-0010 Tourist "T" District face of seawall to mean high water] CURRENT USE OF THE PROPERTY: 97 current hotel units and accessory uses consisting of restaurant, (N OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) nighclub and tiki bar facilities. HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? One hiindrerl ai Rhtcen (1 1 R) HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? five (5) existing condominium units as _ identified on attached exhibits, to be converted to hotel /transient use a HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? five (5) condominium units IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: one hundred fifty (150' set -- eignr ko) norel units. Page 1 of 2 CITY OF CLEARWATER E , APPLICATION FOR TRANSFER O DEVELOPMENT RIGHTS UJI ZE 2 � PLANNING & DEVELOPMENT SERVICES "d P MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, 2 FLOOR z 1= PHONE (727) - 5624567 FAX (727) 5624576 e"'., APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME: Family Trust Agreement dated 2/29/84, known as t MAILING ADDRESS: 619 S. Gulfview Boulevard, Clearwater, FL 33767 PHONE NUMBER: (727) 442 -5107 FAX NUMBER: (727) 447-2009 AGENT NAME: HARRY S. CLINE, ESQ. MAILING ADDRESS: Post Office Box 1669, Clearwater, FL 33757 PHONE NUMBER: (727) 441 -8966 FAX NUMBER: (727) 442 -8470 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER: WILLIAM M. SHEPHARD, as Trustee under the provisions of the She hard Family Trust Agreement•dated 2/29/84, known as the Shephard Family T u: MAILING ADDRESS: 619 S. Gulfview Bouelvard, Clearwater, FL 33767 PHONE NUMBER: LEGAL DESCRIPTION: STREET ADDRESS: PARCEL NUMBER: ZONING DISTRICT: SIZE OF SITE: 727) 442 -5107 FAX NUMBER: {727) 447 -2009 See Exhibit "A" attached hereto and made a part hereof by reference. (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) 1:7-29-15-05004-003-0010 Tourist "T" District face of seawall to mean high water] CURRENT USE OF THE PROPERTY: 97 current hotel units and accessory uses consisting of restaurant, (N OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) nighclub and tiki bar facilities. HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? One hiindrerl ai Rhtcen (1 1 R) HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? five (5) existing condominium units as _ identified on attached exhibits, to be converted to hotel /transient use a HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? five (5) condominium units IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: one hundred fifty (150' set -- eignr ko) norel units. Page 1 of 2 14W SITE FROM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER: MAILING ADDRESS: PHONE NUMBER: LEGAL DESCRIPTION: STREET ADDRESS: PARCEL NUMBER: ZONING DISTRICT: SIZE OF SITE: CURRENT USE OF THE PROPERTY: 619 S. Gulfview Boulevard. Clearwa (727) 442 -5107 FAX NUMBER : (727) 447- W See Exhibit "A" attached t (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) 619 S. Gulfview Boulevard. Clearwater. FL 33767 17- 29 -15- 05004 - 003 -0010 Tourist "T" District 2-689 arres [2.37 acres upland from face of seawall; -119 acres from face of seawall to mean high water]. 97 current hotel units and accessory uses consisting of racra „ran , ( # OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) nightclub and tiki bar facilities. HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? five (5) condominium units to be convert Ed to eight (8) hotel units. HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? five (5) condom; ni rnm nni is _to hp Convert d to eight (8) hotel units. HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: X COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; X STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. X STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. g STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVDUSLY USED OR EXERCISED BY ANOTHER PERSON. g SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. X COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. Signature o o erty owner or representative HARRY S. MINE. AGENT FOR OWNER` STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this aCQ ;?-17 day of November , A.D.xj9 20 to me and /or by HARRY S. CLINE , who is ersonally known has pro uced as identification. / Notary public, my commission expires: S: application forms /development review /transfer of development rights application.doc fl Page 2 of 2 Notary Public State of Floft Kathleen A Heem My Commission DD674739 Expires 07/20/2011 un n tr aurb 163 1 TOpIrLSAW��'' "' RA CO FORM S. ilS Quit=�taim .deed, 'r_., led Ohl' 3At `'sioy of U ArD. 0-88 , by Willis M. Shephard , first party to William H- _ _ hail .Family Trust Agreement, dated February 29,'1984, known as the Shephara Family. Trust _ wltwe,postof lice oddreas .Is' 619 GulfvieW Blvd., Clearwater, F1 34630 ~ second paily: (Wh,mv iwd herein ilia to,— ••firs Iarsti • .wl "--d pwyn rholl iaih,d, uorr4r and plan.,, Min. Iqa) rep,nenutrru,1and ar of indi.-idraIs and tM wusriss aad assisto rt rapr,aiiou, whtrsver the eoateat sr adrai4 or tequiw.l . • �itnesseth, That the said first party, for and in consideration of the sum of $ - -0 -- in hand pdJ by t� yaLd second pnriy, the recat$1 whereof is hereby aeinowledged, does hereby vmisq, ro- lease and quit- clbaim• unto the said second party forever, alUthe right, lido, interest, claim and demand which the said first parry has i2,and to the following described lot, piece or parcel of land situate, lying and being In the Countp of Pi ellas Slate of Florida , to-tun: See Exhibit "A" attached hereto. Full powet and authority is granted by'this deed toasaid Trustee or his success - ors to proter-t, conserve, sell, lease, improve, to convey either with or with- out consideration, to mortgage, pledge, or oterwise encumber said property and t!o manage and dispose of the real property or any parb ca i.t. described in this recorded instrument. Subject to restrictioes and easements of record. _ Subject to that certain mortgage presently held bj'the Bank of Clearwater, a state banking association -TI the principal -sum of $405,000 dated February 28, 1983; and filed March 4; .1983 in OR 5484 Page 1555 of the Public Records of Pinellas County, Flor44a. This' property is not homestead property. The Grantor resides at 500 Aluff View Drive, Bell @air Bluffs, Florida. THIS .DEEQ IS RECORDED FOR THE PURPOSE'OF CORRECTING THE DATE OF �SE SHEPHARD FAMILY TRUST AGREEMENT W*ICH SHOULD BE FEBRUARY 2%6 1x 399 SUS 6- - r PLODRDIW- i nc ;ylk' -$ ;. . .' r To Haut and to hold the •eme.logether with all bad singular the appurietaneei thereunto b-41ongint; or in anywise appertaining, and alt the #slate. ripiit, title, interest. Jna4'407y -W eidtlta what - sueeer of the said first party, either in low or edpdity, to else only proper use. benefit and behaof'of •lho. said u•cnnd�atlY.lorerett . .. _ — . -- - - - . - -- - — —_... . In 1QlltnesS 10here0fr The laid first porty has Signed and' wool these presents the day year - firsl abotre ioritten.' Signed, led and deliveredtyt p : ,R. =� :. »,.• ........................ t .h:..........�.... f..... WILLIAM M: YSHEPHARD . Z STATE OF FLORIDA, i .CoONTY OF PINELLAS _ 1 HEREBY CERTIFY that on this c!4, brtote me, ^.sit of irrr duly authorized in the Stalr aforesaid and in the County aforesaid to take acknowledgments, pcqall%• app.Qd WILLIAM K. SHEPHARD to me known to be thr proton deuribcd in and %hr, rsctuied thr foregoing iustrumrnt and he ackrwwlnlged ' U-fwe nit that he vsecutrd the saglr. .._ - - WITNESS 'my hand and official seal in the County anJ Ste�e• Jast aforesaid th' 3 t , a day —of A.. D 19 NOTARY PUBLIC ti. RETURN Ta, The halru it'ul priparatl y: Ad drem tom' LAW OFFICES J RAYMOND L. PARRI, FIX 1211 Ponce De Lon SIN& C)6je eater, Fl 34616-1286 ,55 c:n �., C= A 14"3j tJ, L, UJ Q ... LIJ Q z 1 ,55 EXHIBfT A - LEGAL DESCRIPTION• — Lots 1 thrn 5r Block "C ",.- Bayside Subdivision #5, according to the map oe plat thereof as recorded in Plat Book 38, Pages 38 and 39, V Pubnc Records of Plimellas County, Florida, and begin at the North- westerly-corner of Lot 1, Block "C ", Bayjide Subdivision #5, 39,-of Fu31ic Reeoide recorded in Pldt Book 38, Pages 38 and the of PinshAs County'*Florida: thence Nortti 54 -degreas _25' :30!V 6334 • feet aing the Southerly line of Gulf Boulevard; thence South 12 0'•00 "W, to the Westerly boundary of thp,said degrees and parallel Lot 1, Block "C ", Bayside.Subdivision #5, a distance boundary of 286 - feet to the - waters of Clearwater Bay_ and thence Easterly along the - - abore line of Clearwater 'Bay 67 feet more or less to the intersec- _ .. tion of -tke shore 11ne of - Clearwater Bay --and the Westerly - boundary - line' of skid Lot 1, Block "C ", Bayside Subdivision 45, thence North 12 degrees 40''00"E, along the Westerly boundary of the said Lot 1, - BlocF G ", Bayside Subdivision #5,--295 feet-more or less 'to the Point of Beginning, Section 1.7, Township 24- South, Range 15 East, " T Pinellas County, Florida. S - b T — _ 91 —_ I - s a 0 PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 AFFIDAVIT INFORMATION SUBMITTED WITH APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS, 619 S. GULFVIEW BOULEVARD, CLEARWATER, FL 33767 SHEPHARD'S BEACH CLUB, LLC and SHEPHARD'S BEACH RESORT, INC. TRANSFEROR'S TO WILLIAM M. SHEPHARD, AS TRUSTEE under provisions of the Shephard Family Trust dated 2/29/84, Known as the Shephard Family Trust STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgements, personally appeared HARRY S. CLINE, an Attorney -at -Law, and attorney -in -fact for the parties identified herein, who is [ vf personally known to me or who [ ] has produced as identification, and who, being first duly sworn, deposes and says that: 1. This Affidavit of Ownership is made pursuant to subparagraph G,. Section 4 -1403 of the City of Clearwater's Development Code.' 2. The public records reflect that SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company, and SHEPHARD'S BEACH RESORT, INC., a Florida corporation, as the record owners of five (5) residential dwellings / condominium units, transferred incident to those Special Warranty Deeds attached hereto as Exhibits "A" and "B ", which are incorporated herein by reference. 3. The public records do not reflect that the Development Rights have been conveyed, used or exercised. 4. The undersigned is processing an Application for Transfer of Development Rights from the hereinabove identified entities to WILLIAM M. SHEPHARD, as Trustee under the provisions of the Shephard Family Trust dated 2/29/84, known as the Shephard Family Trust, the record title owner of the sending and 'DEC 0 1 2006 receiving properties to be conveyed pursuant to the Special Warranty Deed for Transfer of Density Units Development Rights attached hereto as Exhibit "C ", for use as eight (8) hotel units incident to plans to redevelop the site. FURTHER Affiant saith not. HARRY'S,, CLINE, Attorney -in -Fact SWORN TO AND SUBSCRIBED before me by HARRY S. CLINE, as Attorney -in -Fact for WILLIAM M. SHEPHARD as Managing Member of SHEPHARD' S BEACH CLUB, LLC, and as President of SHEPHARD' S BEACH RESORT, INC., at Clearwater, Pinellas County, Florida, this day of November, 2008. Notary Public My Commission Expires: pn Notary Pu is , fate of Florida Kathleen A O'Heam My Commission DD674739 Expires 0712012011 h:\ data\ aty\ hsc \shephard \affidavitowner.tdr.doc CE 01 2006 2 JUN -18 -2009 11 :08 MACFARLANE FERGUSON 727 442 8470 P.02 Received JUN 18. 2009 ACFA ANE h'ER�USOX a MCMULLEN City AttO,`f1+9y ATTORNEYS AND GouNSEL.ORS AT LAW SUITE 025 COURT 6TRCET ONE TAMPA CITY CENTER. P. O. 90X 1099 !ZIP 337571 , iT1I HARpEN 80ULEVAR0 2C1 NORTH FIRANKON 6TRCET j LAKELANP. FLORIDA 30003 P:O. DOX 1 "� (ZIP 330011 CLEARWATER. FLORIDA' 39756 ' TAMPA, FLORIDA 33602. (727)441 -$496, FAX 1727)492.9470 (0031680 -605 PAX (9631693 22-4 !813)273 -4200 FAX fal3 >273-4306 IN REPLY REFER TO: www.rmmlagaL00m �MAa1 mfoomtmlagal,com Clearwater June 17, 2009 Leslie BougaIl -Sides VIA E- mail: :leslie.dou all -sides clearwater.com Assistant City Attorney City of Clearwater. post Office Box 4748 Clearwater, FL 33757 -4748 Re: Shepherd's Beach Resort, S. Guifview Boulevard, Clearwater Beach, FL I Transfer of Density Unit Development Rights [" TDRs"] and R: Unity of Tide / Multiple Parcels and Owners Dear' Leslie: i. Enclosed herevlith please find the following in cormection with the above - referenced matter as it relates to the Transfer of Density Rights; A, the lard's Beach Club, I.LC — Two (Q Units of Density Clearwater Beach Sales Censer, Li.0 C6CB5C" — a She hard owned entity]: (l) Warranty Deed from Viewpoint Realty to CBSC, as recorded 12/22/05 in O:R. Book 14825, page 1384, public. records of Pinellas County, Florida. (2) Mortgage and Security Agreement from CBSC in favor o£ "mTrust Bank, as recorded 6/15/05 in O.R, Book 14382, page 2306, public records of Pinellas. Y / County, Floricia- (3) , Density Transfer Warranty Deed from CBSC to Shepherd's Beach Club, LLC; 'conveying two (2). units, of density, as recorded 3/15/06 in O.R. Book 14989, page 1238, public records of Pinellas County, Florida. (4) Release of Mortgage as to Transfer of Density from SunTxust Bank, as recorded. 6/01/49 in O.R. Book 16598, page 644, public records of Pinellas County, Florida JUN -18 -2009 11:08 MACFARLANE FERGUSON. 72? 442 8470 P.03 June 17,2009 Page 2 A_ She tahard's Beach Resort, Inca -Three (3) Units of Densi : (1) '9d'artanty Deed Transfer of Density Unit Development Rights from �t Melodie A. Ferguson Revocable Living Trust DTD 5124102, et al to '[ W/Beach 0- Residences [" TW/BR"j, which includes the consent of Fifth Third as to transfer, by TW/BR of such density unit development rights to a future purchaser, as .recorded 9 /15 /05 in O.R. Book 14606, page 951, public records of Pinellas County, Florida. - — ,(2) Special Warranty Deed Transfer of Density. Unit Development Rights from TW/BR to Shephard's Beach Resort, Inc., as recorded 1/11/06 in O.R. Book 14867, page 1341, public records of Pinellas County, Florida. (3) Mortgage from Bayesplanade.com, LLC in. favor of American Brokers Conduit, as recorded 3130/06 in O.R. Book 15019, page 1624, public records of Z�y Z� Pinetias County, Florida. This mortgage was recorded subsequent to the transfer of density units and therefore would not require mortgagee consent as to such transfer.. city Plana ltas raised tw . 2 uestions: ( I) is there an outstanding mortgage. interest to be dealt with, from the -- -- - -- sendir:g property? 1 think the enclosed confirms there is not; and (2) is there a need to put. a restriction on the sending parcel? This is something we cannot do, and l do not think required by Code since the recorded . deed of conveyance reveals the TDR 11. When the application was originally filed in the .above referenced matter, the property appraiser reflected two (2) ownerships by name, and two (2) separate parcel numbers. As a result planning has said a Unity of Title must be prepared. See Planning Comment # 13 and City responses. (I} The listed, names ware William M. Shephard as Trustee .under an agreement, and also Shephard's. Beach Resort, Inc., formerly Lagoon Resort Motel. (2). We did check with the Property .Appraiser's Office, reviewed title . records with them, and` confirmed with them that the sole owner, for the entire site, is William M. Shepherd as Trustee under an identified agreement. They have changed their records. JUN -18 -2009 11 08 MACFARLANE FERGUSON 727 442 8470 P.04 June 17, 2009 Page 3 (3) I would ask that you check Tax Assessor records and confirm the foregoing: I cannot prove a "negative" to the City that it has been changed, but indeed it has and I have confirmed this for myself, and I hope you will from the City's standpoint so this issue is resolved. _ 1 you for your assistmce and I will look forward .to your response As always, the y lease feel ' regar�g the two (2) referenced issues. If I can provide any additional data to you, p free to give me a call. Sincerely yours, arty .Cline HSC:koh Enclosure cc: Mr. william Shephard, Trustee w /enc. „ h:l d=,,*" cl shepherdldw0i- sides.6- I7'09.doc I #: 2006013024 BK: 14867 P(.. 1341, 01/11/2006 at 04:38 PM, zr�CORDING 6 PAGES $52.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC8 This instrument and return to: E.D. Armstrong Johnson, Pope; Ruppel & Butn; P. O. Box 668 tepared by ,. w... 33757 -1368 SPECIAL WARRANTY DEED TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS •'-THIS INDENTURE is made on January S 2006, between TW /BEACH I'IESIDENCES- CLEARWATER, L.L.C, a Florida limited liability company ( "Grantor"), ,%,,: -w "ose post office address is 877 Executive Center Drive W., Suite 205, St. Petersburg, F1 33702, and SHEPHARD'S BEACH RESORT, INC., a Florida corporation, {"Grantee "), whose post office address is 619 S. Gulfview Blvd., Clearwater, FL 33767. WITNESSETH: Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns forever, the following described property situated in Pinellas County, Florida: Development rights comprised of three (3) residential dwelling units, two (2) of which are currently allocated to the land described on Exhibit "A" attached hereto and incorporated herein, and one (1) of which is currently allocated to the land described on Exhibit "B" attached hereto and incorporated herein (collectively, "Sender Site "), which are to be used in connection with the development of the land described on Exhibit "C" attached hereto and incorporated herein ( "Receiver Site "). DECO 01 200$ EXHIBIT /An PINELLAS COUNTY FL OFF. REC. dK 14867 PG 1342 SUBJECT. to applicable land use and zoning restrictions and to easements, reservations and restrictions of record, if any, which-, are specifically not reimposed or extended hereby, an.0'.. b,--t6xes for the year 2006 and subsequent years. /THtS "IS NOT THE HOMESTEAD OF THE GRANTOR. Gra.htor-,''does hereby fully warrant the title to the density transferred and will defendlhie0s'ame against the lawful claims of all persons claiming by, through or under t e. h"" tax parcel numbers for the aforedescribed property are set forth on Exhibits 'W', "B" and "C". IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal I* day and year first above written. 4. Signed, sealed and delivered in the presence of: . �yo-, A, L-L;1/h:AMS07 Print name DEC 0 1 2008 -2- TW/BEACH RESIDENCES- CLEARWATER, L.L.C, a Florida Ii ' d liability pany rey Ha�dl' , Vice President PINELLAS COUNTY FL OFF. REC. BK 14867 PG 1343 The foregoir= -`` by Jeffrey Handlin, limited liability' - ment was acknowledged before me this day of January, 2006, President of TW /Beach Residences - Clearwater, LLC, a Florida who [is personally known to me] [Ipas�predaee�- S- +deRtftdNeRj— to ublic Print name: My Commission Expires: v.=C 01 -3- a' " Jayne E. Sears J Commission # DD449633 %Ffj %'% eaa.d troy F&-1ft @m. ft OM4*00+9 PINELLAS COUNTY FL OFF. REC. jdK 14867 PG 1344 SENDER SITE, HOLDING 2 UNITS: Address: ',,665,gay Esplanade, Clearwater Beach, Florida Parcel No.`,-x,.65%29/15/54756/077/0060 Legal: DbscOtion: Lot:- , 6 ,-'Blo6k 77, Mandalay "The Isle of a Thousand Palms" Clearwater Beach, Uh!( No. 5, according to the plat thereof ,as recorded in Plat Book 20, Page 27, 4�,.saj,d plat was amended by the replat thereof, recorded in Plat Book 20, Page 4 ,,Public Records of Pinellas County, Florida. U(/)-- �A- F-�pa Ile— DEC 01 2008 PINELLAS COUNTY FL OFF. REC. _�K 14867 PG 1345 r�j _r% I SITE OmNucm Address: 625,Bay'Esplanade, Clearwater Beach, Florida Parcel No.: 0 Legal Desp.d.i0titob: Lbt 7 Block 78, Mandalay Unit #5, according to the plat thereof as recorded in Plat Book 20, Page 27 of the Public Records of —Pinellas County, Florida, and further described as follows: From .;:the Southeast comer of Block 78 of a Replat of Mandalay Unit #.5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida, run North 7 degrees 19'30' West, 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing North 26 degrees 04'45" West a chord equals 70.73 feet and radius equals 110 feet for Point of Beginning; run thence South 43 degrees 21'340 West, 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the left and along said One, chord bearing North 65 degrees 01'22* West, chord equals 41.26 feet and radius equals 64 feet; thence North 4 degrees 13'05' East 110.67 feet to the Northerly boundary of Block 78; thence East 41.29 feet along chord equals 84.48 feet and radius equals 110 feet, to the Point of Beginning; together with all reparian rights and submerged land pertaining to the above property and particularly including any and all submerged land lying between the East and West boundary line of -said lot as extended to chtipndf -In Clearwater Bay, public records of Pinellas County, Florioa', c� Z,5- �o� HK 01 2008 PINELLAS COUNTY FL OFF. REC. sK 14867 PG 1346 RECEIVER SITE; ,''1` Address: ..Q.19, South Gulfview Boulevard, Clearwater Beach, Florida Parcel No, ; ."17129/15/05004 /003/0010 and 17/29/15/00000/220 /0100 Legal Description: Lots.lihru;.5, Block "C ", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, aril begin at the northwesterly corner of Lot 1, Block "C ", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, �,.FI©rida; thence N 54 125'30" W., 65.14 feet along the southerly line of Gulf Boulevard; tf�ence S 12 040'00" W., and parallel to the westerly boundary of the said Lot 1, Block Bayside Subdivision #5, a distance boundary of 286 feet to the waters of 'Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet ......-'more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C ", Bayside Subdivision #5, thence N 12 040'00" E., along the westerly boundary of the said Lot 1, Block "C ", bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. CE-C 01 2008 K Ala PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 SPECIAL WARRANTY DEED TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS THIS INDENTURE made this day of , 2008, by and between SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company and SHEPHARD'S BEACH RESORT, INC., a Florida corporation, of the County of Pinellas, in the State of Florida, Party of the First Part, whose mailing address is: 619 S. Gulfview Boulevard, Clearwater, FL 33767, and WILLIAM M. SHEPHARD, as Trustee under the provisions of the Shephard Family Trust dated 2/29/84, known as the Shephard Family Trust, with full power and authority to either protect, conserve and to sell, lease, encumber, or otherwise dispose of the real property described herein, of the County of Pinellas, in the State of Florida, Party of the Second Part, whose mailing address is: 619 S. Gulfview Boulevard, Clearwater, FL 33767, W I T N E S S E T H: That the said Party of the First Part, for and in consider- ation of the sum of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Party of the Second Part, its successors and assigns forever, the following described land, situate lying and being in the County of Pinellas, State of Florida, to -wit: Development Rights comprised of five (5) residential dwelling units or condominium units were received by Grantors in deed dated 1/5/06 as recorded in O.R. Book 14867, page 1341, and deed dated 3/9/06 as recorded in O.R. Book 14989, page 1238, public records of Pinellas County, Florida, which units are currently allocated to the lands described on Exhibit "A" attached hereto and d a s 0 N J, EXHIBIT //C %N I c i s incorporated herein by reference. The Grantee herein, owner of the properties described on attached Exhibit "A" is to be the recipient of the said Development Rights, which are transferred to the same property but to the current owner of said properties, and to be converted and used as eight (8) hotel units on the Exhibit "A" properties [the "Receiver Site "]. Subject to applicable land use and zoning restrictions and to easements, reservations and restrictions of record, if any, which are specifically not reimposed or extended hereby, and to taxes for the year 2008 and subsequent years. Parcel I.D. No. 17- 29 -15- 05004 - 003 -0010 TO HAVE AND TO HOLD, the same in fee simple forever. AND the Party of the First Part hereby covenants with the said Party of the Second Part that is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Party of the First Part, but not otherwise. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal the day and year first above writ- ten. Signed, Sealed and Delivered in Our Presence: Print Name Print Name As to "Party of the First Part" Print Name Print Name As to "Party of the First Part" 2 SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company By: (SEAL) William M. Shephard, Managing Member SHEPHARD'S BEACH RESORT, INC., a Florida corporation By: (SEAL) William M. Shephard, President f _I � G o N LU CM ✓I STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WILLIAM M. SHEPHARD, as Managing Member of SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company, to me personally known or who has produced as identification and who did take an oath, and known to me to be the individual described in and who executed the foregoing instru- ment as said member and he acknowledged before me that he executed the same for the purposes therein expressed on behalf of said company. WITNESS my hand-and-official seal- a.t.Clearwater, said County and State, this day of , 2008. Notary Public Print Name My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WILLIAM M. SHEPHARD, as President of SHEPHARD'S BEACH RESORT, INC., a Florida corporation, to me personally known or who has produced as identification and who did take an oath, and known to me to be the individual described in and who executed the foregoing instrument as said officer and he acknowledged before me that he executed the same for the purposes therein expressed on behalf of said company. WITNESS my hand and official seal at Clearwater, said County and State, this day of , 2008. h: \data\aty\hsc\sheph erd�special warrantydeed.tdr.doc -3- Notary Public Print Name My Commission Expires: ij -- CZ) C e•.t C-3 tip - i� 88131936 �. aaaws earn _ _ RAYCO Focal 0 Descdpflon: Order 1 Ca OR675opG 1631 Uh deist N4 r->r..• ".3,, tl.y .( �,� . A. D. r, l9 .&Y William M. Shepherd Aw P.Ky.!. William M. Shepherd, as Trustee under the provisions of the shepherd family Trust Agresest, dated lebcuacy 29, 1914, known as the shepbard Tastily Trust .+6a.ePwt.}jksed%.tah 619 eulfyieb Blvd., Clearwater, P1 34630 ..ca..t P"h: twh........a h.+ a. .t rP Y " . Aidw b t� & .A.0..w4 . 1M, : r.r h.A A .w A edI ew P-y. Lw J all OOb -i o%- !Mt -is --4— is 6rJ P•t1 6y t6 aW seam porn. At wft1Pl wi «m.j b tw,rbl *Awes . don "y irwM m- L... J qWk J.aa .rust. 16 aril a,..,.i Prl/ AMW al[ 46 oWk i$.. t+.t..ut Adit aJ l...wl W&" 16...11 lbd r..tf :v f. awl to 66 (•d••h s AN.A.: t.L Ph= r Pre! of L.J. wt.+t.. " J 6 ARs k 16. Ce.dr of Pinellas $or-,.( .ilorids , t.rs: Bea Exhibit -e attached harem• lull power and authority Is Scanted by this deed to said Trustee cc his success - ocs to protect, conserve, sell, lease, iwprose, to convey either- with cc with- out cOnsideratioa, to amtgage, pledgs, cc oteevise eacunber said property end to sang* and dispose of the real. property cc say, pert of it described is this recorded isstrasest. Subject to restrtettans and "equeets= of rewca_ Subject to tact certafa wctgege presently held by the lank of Clencsster, A state beating association in the pciseipel sue of $444,009 dated February 28. 1993, red filed Notch 4, 1503 to Osi 5404 Page lass of the. Public Beowds of Pinellas tbosty, N►iarida. This: Property !s not hosestend property. The Grantor resides at 590 Bluff View Drive, Belleoir Bluffs, Tiorids. To D® Is NBOtN PAR TEE 11012 >s or OOHNODCTIM 7tt CP �j d2iB!BARD /Ann TMT A6llAOMT vacs C>t00LD us F=wP M 29, � p13 - 46-4:•'' -5 1L Al' �taonllN+i i +� fa Doc .mfrs 2 �# ilit MIt.ir •,.,.,.,.16. ali.lt J.w•6.11. qff. .+— ..d�= dl.n.rd. LAwame or Ir., q im wp.uk&4 . owed d A d. a.e.t...461 alt... wbvd. :�i►'.♦r,.+- . a..~ of A..00 And Mb. artier Nw t.. or *"ft. 1. tit. 04 p.Pw .... &ff,4 t and 6ii( *&Ar sell 1MVJ pslp %..war. TA. 0.11 A" p••qr 1. dp.el .wl _ ...6.1 A.- p.w-.k tls &F 7— y SIP..r:, Ll J ii.J h. lrAss or noaM% MUM" or PneaLaa ^: .1s .. dooP s.+.i d in e,. sus. A....0 ..a I. A. Oww AW-9 r .i..d.. ay...y WILLIPA N. SvNFwM .. .. L r ... !..■+ r be At Pn.s. d.wi.i L s.i..ria emewd dw he bd. .. *w his a+o." .b. " . r.ra e .. A stii A. D. i6 ate .01 A e /o"Ttw& .l ►ri .d Mi s M ( YCI:I.sa rr ^«f :•y .t N 4" Norma 'Punic - - -•� = ny corns. Non icest 7Qt taEMW l Tii brrre>•r Tct.' _t'%• O�ael MI 1� _ _� {. w. )etn. er�uC b. lx MYMdtal- refs z..: 4 iu"I iUNI YUrt LgjUUL /UU3 t:�AA d Pinellas, FL Document -Book Page 6 ?58_.1631 Page: 1 oft nment: �j L f -J ao = ; O LIJ f1V!,' +GVi GVVU 11.vY Pt�O J(Gl J710J87 `�- �V� �� JUri1VJU1V YUYL - Lgj UUJ /UU3� i DR675OPG 1 632 Ijl� lIT A LOCAL ltaCLMMM' Lots 1 tbrs 5, 11,6eb: 'C', Bayst" subdivision K, accordist to tin np or plat thereof as recorded I* Plat look 39, Pages 3* sad 39. Public taoetM of Pieellaa Coaftr, Platldy fad begin at the N* tb- wastecly earner at Lot 1. heck 'C', leysida Sebdivisfoa 05, as retarded in Plat leek 38, Papa 34 aal -39, of the Pablia low" of Piaelles Canty !brides thence North 34 Possess 25, 30Y, 65.14 font aloft Soetberly 21ne of Calf lvaLswsd; tNwea South 12 degrees 40, 061r, and perallal- to the Masterly iotadarr of the said Lot 1, slack "C', sayside Subdivision K, a distance besedery of 286 feet to the latent of Cleamter bey w1 'tfenoa Masterly aloft the Abu* lime of Cloarrater lay 67 fast one or less to the intarsac- ties of the abate line of Cleaaoater 387 end the Y4etezl7 befv+ry line of said tat 1, us,* 'a', saysiie 84mvisiea 03,. them" North 12 degree, if' 00't, alms- the Yestsrly bounder, of the *aid Lot 1, Block -V, )trails r 4ba7isttf 13, 293 fast sins or lea to the Point of 7ssinnin. lectioa 17, Township 29 3ostb, 2*W 15 lest, Piaallaa Decay, llorids. Description:. Pinellas,FL Document- BookPage_ 675.8_ .1.631 Page: 2 of 2 Order 1 Comment r b2 s X2-7 13 Z p kv,ag CITY OF CLEA W -RATER A- PPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELORWENT SERVICES MUNICIPAL SERVICES HUILDIN4 100 SOUTH MYRTLE AVENUE, 2n1 FLOOR PHONE (813)- 562 -4567 FAX (813) 562 -4576 APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME Shephards Beach Resort, Inc. MAILING ADDRESS ; 619 S- (;,,1 fview R1vd Clearwater, FL 33767 PHONENUMBER : 727- 442 -5107 FAXNUMBER: 727-447 -2009 AOENTNAME E.D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, MAILING ADDRESS : __911 Chestnut Street, Clearwater, FL 33756 PHONENUMBER 727- 461 -1818 FAX NUMBER: 727- 462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): William M. Shephard, as Trustee under the provisions of the PROPERTY OWNER Shephard Family Trust Agreement, dated February 29,. 1984 MAILING ADDRESS :619 -S : GuI fvi ew Blvd.. Clearwater, FL 33767 PHONENUMBER 727-442 -5107 FAXNUMBER 727-447 -2009 LEGAL DESCRIPTION : _SPP Rxh.ihit "A" attached pP IN METES AM BOUNDS, ATTACH A SEPARATE wit" STMET ADDRESS 619 S. Gulfview Blvd. PARCELNUMBER 17- 29- 15- 05004- 003 -0010 ZONING DISTRICT T SIZE OF SITE 1.878 Acres CURRENT USE OF THE PROPERTY 97 unit full service hotel I t OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) Seeking termination of non - conforming st t HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED To THIS SITE? as to density - See Density Table in Com . Infill Application. HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 16 units, 1 of which is from sender site HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY7 YES X NO IF YES, HOW MANY DEVELOPMENT R10"TS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTED7 _X_ YES NO IF YES, HEI(3HT REQUESTED: 14.5' 2" Page 1 of 2 is SITE FRQ,M WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER : - Bayesi2lanade . com, LLC* MAILING ADDRESS 627 Bay Esplanade, Clearwater, FL 33767 PHONE NUMBER FAX NUMBER LEGAL DESCRIPTION See Exhibit "B" attached Of IN MMS AND SOUNDS, ATTACH A SOMRATQ SNOrM STREET ADDRESS 625 Bay Esplanade PARCEL NUMBER 05- 29 -15- 54756- 078 -0070 ZONING DISTRICT T SIZE OF SITE .229 acres CURRENT USE OF THE 5 unit hotel PROPERTY (■ OF HOTEL ROOMS, DWLLLINO UNITS, COMMERCIAL FLOOR AREA, VACANT) . *Density Unit Owner: TW /Beach Residences - Clearwater, L.L.C. (see Addendum attache ) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 7 HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. Y STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED v TO ANOTHER PERSON. STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. 7 SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. JI COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of property owner or esentative E.D. Armstrong III STATE OF FLORIDA, COUNTY OF PINELI.A8 Sworn to and subscribed before me this _ I5T day of November , A,D.,Atx2005 to me and /or by E -R. AXrastrong III —,who Is personally knowr>: mdvDeod xxxxxxxxxxxxxxxxxxxxxxxxxxw Notary public, my commission expires: /_016-04F �F „� qc� GINA L CANOPARI ,� MY COMMISSION # DD 080270 Page 2 of 2 �pf p0 EXPIRES: January 26, 2006 1 �3NOTAIiy FL Notary SeMC¢ g, Bondirg, Inc. ADDENDUM TO APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PROPERTY OWNER: Bayesplanade.com, LLC OWNER OF DENSITY UNITS: TW /Beach Residences — Clearwater, L.L.C. Per the "Warranty Deed Transfer of Density Unit Development Rights" attached hereto, dated September 13, 2005, recorded in O.R. Book 14634, Page 312 in the Public Records of Pinellas County, Florida, Property Owner previously transferred one unit of Density to TW /Beach Residences — Clearwater, L.L.C. ( "TW "). TW serves as a holding entity for the one unit of density in that the Density is owned by TW, but it remains attached to the property located at 665 Bay Esplanade. I #: 200SS88584 BK: 14634 PG. 312, 09/27/2005 at 06:25 .AM,.R.-,)RbING 6 PAGES $52.50 D DOC STAMP COLLECTION $560.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDUI3 This instrument prepared by.... and when recorded return to: Marc I. Spencer, Esq. 877 Executive Center Drive W., Suite 205 St. Petersburg, FL 33702;° WARRANTY DEED /'TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS 'THIS WARRANTY DEED, executed this /3 day of September, 2005, by BAYEsPLANADE.COM, LLC, a Florida limited liability company, whose address is -.62.7 Bay Esplanade, Clearwater Beach, FL 33767, Grantor, to TW /BEACH SIDENCES— CLEARWATER, L.L.C., a Florida limited liability company, whose address is 877 Executive Center Drive West, Suite 205, St. Petersburg, FL" 33702, Grantee. WITNESSETH, that Grantor for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other valuable consideration to said Grantor in hand paid by Grantee, the receipt and whereof is hereby acknowledged, has granted, bargained, and sold to the Grantee, and Grantee's heirs and assigns forever, one (1) density unit development right from that certain property lying situate in Pinellas County, and further described as: Lot 7, Block 78, Mandalay Unit #5, according to the plat thereof as recorded in Plat Book 20, Page 27 of the Public Records of Pinellas County, Florida, and further described as follows: From the Southeast corner of Block 78 of a Replat of Mandalay Unit #5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida, run North 7 degrees 19'30" West, 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing North 26 degrees 04'45" West, a chord equals 70.73 feet and radius equals 110 feet for Point of Beginning; run thence South 43 degrees 21'34" West, 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the left and along said line, chord bearing North 65 degrees 01'22" West, chord equals 41.26 feet and radius equals 64 feet; thence North 4 degrees 13'05" East, 110.67 feet to the Northerly boundary of Block 78; thence East, 41.29 feet along chord equals 84.48 feet and radius equals 110 feet, to the Point of Beginning; together with all reparian rights and submerged land pertaining to the above property and particularly including any and all submerged land lying between the East and West boundary line of said lot as PINELLAS COUNTY FL OFF. REC. aK 14634 PG 313 extended to chan_ nel `gin Clearwater Bay, public records of Pinellas % County, Florida;:. ' ;r for transfer by the Grantee to a property to be described in a subsequent deed of conveyance by Grantee to a future purchaser of such density unit development. TO HAVE,-.., AND TO HOLD the same together with all and singular tenements,,fi0editaments and appurtenances thereunto belonging or in anywise appertaining; and all the privilege, right, title, interest, estate, lien, equity and claim wh6ts0 Ver of Grantor, either in law or equity, to the only proper use, benefit and .behoof of Grantee forever; AND said Grantor does hereby fully warrant the said density unit development rights, and will defend the same against the lawful claims of all p0r80n8`whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and year first written above intending hereby to restrict, in perpetuity, the use of the property first described above. Signed, sealed and delivered in the presence of STATE OF FLORIDA ) COUNTY OF :RiCwsS ) GRANTOR: BAYESPLANADE.COM, LLC, a Florida limited liability co By: '`� William Blackwood,',, Manager The foregoing instrument was acknowledged before me this iP day of �tPrt�lraL 2005, by William Blackwood, II, Manager on behalf of Bayesplanade.com, LLC, a Florida limited liability company. He /she is personally known tome or has produced R_ U. L. as identification. 34Z,3 - 9a8 - 63-3% -0 Lana Cahill Nota Public, State of Florida at Large ... % MYCOMMOSIM# M041 OM Printed Name: November 2, 2006 h 90NMr,*Un0VFMNNBUAA"W- Commission No. My Commission Expires: PINELLAS COUNTY FL OFF. REC. -,K 14634 PG 314 Regarding Transfer of Density Unit Development Rights by Owner Ronrick H. Kern and Susan;Xem, as to 12.5 %, Ruth Geror, as to 50 %, and Herb Kern and Nona Kern, as to 3i. 6, (collectively the "Mortgagee "), the holder of the Mortgage executed by BayEsplanade.com, LLC ( "Owner") in favor of Mortgagee, dated January 29, 2004 and recorded1jri ;Official Records Book 13355, Page 402, re- recorded in Official Records Book 13466, ;Page 2522, and as modified by Mortgage Modification Agreement & Notice of Future Advance dated December 27, 2004 recorded in Official Records Book 14049, Page^ 19'3a.. all of the Public Records of Pinellas County, Florida, which Mortgage constitutes ' a - fieri; °and encumbrance upon all or a portion of the real property described within the foregoing Warranty Deed Transfer of Density Unit Development Rights (the "Deed "} as.tfe Transferor Property, hereby consents to Owner transferring one (1) Density Unit Development Right from the Transferor Property to the Transferee Property described in said Deed. Notwithstanding the execution of this consent, nothing herein shall be construed to render Mortgagee responsible or liable for the performance of any of the covenants or uritlertakings of Owner under this Deed. baited this$ day of " , 200' .. -' Winne Print name. Nancy M. lofaio Print name: Ciristina Lopez Print nan Nancy M. Print name: 0*tina Lopes 6� -C2--- Ronrick H. Kern Susan Kern PINgLLAS COUNTY FL OFF. REC'. -K 14634 PG 315 -Print Witness: name: Ruth Geror Herb K rn W IF. �Owlw v,- ._ Kern Print name: Nancy M. CfWfalo Print name:_ _ f'n &!'ta CoM Ruth Geror Herb K rn W IF. �Owlw v,- ._ Kern PINELLAS COUNTY FL OFF. REC. nK 14634 PG 316 the toregoing -,- ..,instrument was acknowledged before me this$ day of 2006, ,by ,Ronrick H. Kem. He /she is Dersonaliv known to me or has pr duced as identification. 79e „CYWCHIOFALO iiblio - Stafe of Florida irnls3lon Fetes Jan 3.2009 n # DD 375972 l9Y Nattonol NotaryAssn. C F LORIDA STATE COUNTY OF ) 7Vbtary PuVy, State of Flond t Large Printed Name: ((// Commission No. My Commission Expires: -The foregoing instrument was acknowledged before me this day of 2005, by Susan Kern. He /she is personally known to me or has ,Pr duced as identification. NANCY M. CHIOFALO Notary Public - State of Florida 'F�d a Commission DD 37597 ,. Bonded By Notlonot NofonyAum STATE OF FLORIDA COUNTY OF ,c ) of Pu ' , State of Flo • t Lange Printed Name: Commission No. My Commission Expires: The foregoing instrument was acknowledged before me this ��ay of 5010V ben 2005, by Ruth Geror. He /she is personally known to me or has produced as identification. NANCY M. CHIOFA]Flokla g •”" Notary Public • State of ;NNCormhdonFViesJon Commission # DD 37Bonded By National Noto No Pu , State of Florida a arge Printed Name: Commission No. My Commission Expires PINELLAS COUNTY FL OFF. REC. 6K 14634 PG 317 The foregoing instFUment was acknowledged before me this day of 2005, `by;tierb Kern. He /she is personally known to me or has produced as identification. „ NANCY M",CttIOFALO Notary Pubic - 'State of Florida . . • MYCwvnk k n Bi' 0' "' Jan 3, 2009 Commlasbn; #;l�D 375972 �r`O ;;d Borxleci NaBonalNotaryAssn. STATE OF FL RIDA COUNTY OF ) A/ 64 a_j ry Pu , State of Flori at Large Printed N e: Commission No. My Commission Expires. The foregoing instrument was acknowledged before me this day of 2005, by Nona Kern. He /she is personally known to me or has produced as identification. 'a, pie NANCY M. CHIOFALO 0 Notary Public - State of Florlda NVCWm1WonBPhNJan3,20D9 Commission # DD 375972 Bonded By National NotaryAssn. XOPO4( State of Florida arge Printed Name: Commission No. My Commission Expires: EXHIBIT "A" To Density Agreement Lots 1 thru 5, Block "C ", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C ", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54 125'30" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12 140'00" W., and parallel to the westerly boundary of the said Lot 1, Block "C ", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C ", Bayside Subdivision #5, thence N 12 040'00" E., along the westerly boundary of the said Lot 1, Block "C ", bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. EXHIBIT "B" To Density Agreement (Taylor Woodrow / bayesplanade) Lot 7, Block 78, Mandalay Unit #5, according to the plat thereof as recorded in Plat Book 20, Page 27 of the Public Records of Pinellas County, Florida, and further described as follows: From the Southeast comer of Block 78 of a Replat of Mandalay Unit #5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida, run North 7 degrees 19'30" West, 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing North 26 degrees 04'45" West, a chord equals 70.73 feet and radius equals 110 feet for Point of Beginning; run thence South 43 degrees 21'34" West, 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the left and along said line, chord bearing North 65 degrees 01'22" West, chord equals 41.26 feet and radius equals 64 feet; thence North 4 degrees 13'05" East, 110.67 feet to the Northerly boundary of Block 78; thence East, 41.29 feet along chord equals 84.48 feet and radius equals 110 feet, to the Point of Beginning; together with all reparian rights and submerged land pertaining to the above property and particularly including any and all submerged land lying between the East and West boundary line of said lot as extended to channel in Clearwater Bay, public records of Pinellas County, Florida;" #359091 v1 - Shephards_ exhibit to bayesplanade tdr 0 0 OSJR R-eC6 V`a S1 619 S. Gulfview Blvd. - R' Legend Streets Parcels Zoning o o L,DR MDR ■ MHOR ■ HOR MpIp ■ T ■ C ■ IRT ® 4S-R ■ P FU Pinellas County 0 0 625 Bay Esplanade - Zon 1U /Z5 /LUU5 11:03 FAX 7273918589 8831936 11 ea"-0'a'a sa" KAMCO ro" e Descripion Order. 1 C( OR675OPG 1631 h :A -VAW Ittk E. .W "J.. (Jo, 4 ��. � ..� . A. U. 1,09s .6y William H. Shephard flat PedMe William K. Shepkard, as Trustee under the provisions of the Shepherd Family Trust Agreement, dated February 29, 1984, kttotst as the shepbard Family Trust rL.s►a.t.(fke.Jdewsl. 619 Galfvieu blvd., Clearwater, F1 34610 WCW J Arty: t...�.r —4 $-a. w r_ &A }ry' ... �..... �.N' ,►a �h.► wY� ..a,ar t 1.b L.1 WhMSA, TW Ae rib f aw w1y. Fw and in was iAoeQew of d.. nano of s --9— in Land aebl 4 dr add .turd trtA 96 wwW Flora( is LwAy «fwd. J... Lees6y tr.1.w t.- L... a.1 epiacL.t...t. eia wand "w d won fwr &I 1Le slyk S&. k1rn.t. A" o J J... d mAkL & a.ed f lab pet j L. i..J so 16 b&.A u A..f i 6t ►tea. or Feted sI 6.t rt ak ".wi 6 ke k & CO.ny of Pinellas Sisk of Florida , as-": Out M&ibit OA* attached hereto. Full power and authority is granted by this deed to said trustee or his success- ors to protect, conserve, sell, lease, improve, to convey either with or with- out consideration, to mortgage, pledge, Or otecwtse encumber said property and to sange and dispose of the teal property or any part of It described to this recorded lustrtarest. Subject to restrictions mad aas9ments< of record. . Subject to that cattais mortgage presently held by the task of Clearwater, A state barking association is the principal Sam of $404,009 dated February 2e, 1953, and filed (larch 4, 1593 is O1 5484 Page 1555 of the. Public Maeords of Pinellas County, Florida. This property is not hasestend property. the Grantor resides at 500 bluff View Acive, belleaic bluffs, rlocida_ TRIS DMM 13 MMM FM TOR PORK= Car C0872CTM mg FA MY T8062 &MAOO M NXICY 6210OLO Et F21510 UtY 25, 91 - xaa+6lln i b `y f_j, DOG STtMM 2 III VAN M d 1Ls -w.. wa.eL.e .,ttl .� .wad •Ly►� 1L..ppd.w.wdA= dj,aaant. &L+n+as w in at) A d q*wan nay reed di 1L. a.fwlr..fsLl w4. e,.tse.t.9tiGrw�Mir Yd6iB1A'.dul- . —,w e( #6 wed f me trb. a tLer & A. or &q ty. b tL 04 pv- a.a. 6.44 wad 6d1i{+t F" "a .,c..d P+,y, f...a.. ig TL. a.a (bed tt«+y 4. 9,4 ..J .ai6d L. P+r.k tb Jr ..d y..r And .L... amid.► SrP..d, ..I.l vend Ja4laoeaJ as NIr.L1AK M. Se{iPf�U10/ STA71 OF n4MIDA. N i W Co MT CW FIMZUAS ir !� i UMNY CRXTWI dat w thi t*;.6; a ..Fw as Icy' a..L.ind is A, fur a o ....d t. dw C.a.v da..i! as "b. adu..L.fs.wwu, tr WILLUX K. SititvM= a. A. i e V..* 4..mld i a". %Aa annual hie a.af.' a in.+...t Md he sdr+�w4 LA.... ow be ew.esr4 de ...r. IY1711I3t ./ Lei awed a f.t1 rat w the t?.aaey sal 7 w srr.oui S' a •:�' -f :q rr L A. H 98.08 al YMRY PUBLIC l - •� Ky comsJolionev $cast team 1891 If" ban wta'at jorpod iY. Tate • d � r ow.c muy Tar M A.. � Vn._.... AAA. � L%i:� 6........ �..&it`. ti.... ..... .... &qa9: C64 : �` JOHNSON- POPE 1a002/003 L,. G AJ :Pinellas, FL Document -Book. Page 6758.1631 Page: 1 oft tmment. �UUS 11:U4 FAX 7173918589 "- OR6758 1632 IEIT A LWAL MCiIPIMN- Lott 1 thra 5, Bloch "C", Ma"We Sa681vision 15, according to the war or plat thereof as reoocded is Flat Book 38, rases 3s am 39, Public tadrdo of Fisellas Coeaty, Florida, sae Pepe at die uorth- vasterly mrsar of Lot 1, flock -C-, Beyaido SuMvistoa f5, " recorded iw Plat Beak 38, rasa 38 awl 19, of the Dahlia Records of Fiaellu toasty Moridas thaws North 54 desraes 25, 30'y, 65.14 feat aloes the forthorly Line of Calf Boulevsrd{ theaaa south 12 dagreas 40, 00'4, "d parollal to the Vesterly hoaadaq of the said Lot 1, Block "C", /aysido Se6divisioa p5, a diatsace 6euadery of 286 feet to the water• of Clearwater Bay swat thee" sesterly slows tha there Its* of Claaromter Bay 67 feet ware or Lea to the latereec- tiow of the atom lies of C1asmater Bay act the Veoterly ►oaadary liaa of acid Let 1, Bleak "c-, Bayside seNlvistoa 05, t%swe wortt 12 degreae 40. 00.1, along the Vastarly ►oaadsry of the said Lot 11 Bock 'C", te7ai4e #1.41TWoo 05, 295 feet wore or lea to the Foist of Bagiawias, Sectiow 17, Teenslip 29 Beath, Loop 15 Bast, Pinellas County, Florids. 4 JOHNSON POPE Description: PinefW,FL Document -Book Page 6758.9631 Page: 2 of 2 �--- Order. 1 Comment: U003/003 "x}} I#: 2004101684 BK: 13423 PG: 2169, 03/09/2004 at 04:59 PM, Rk—JRDING 3 PAGES $15.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FLORIDA BY DEPUTY CLERK: CLKPR03 Prepared by and return to: —i— K OF COURT Stephen G. Watts �KpRLEEN F. DE 13LAKER, CLERK Attorney at Law PINELIAS COUNTY FLORIDA Stephen G. Watts, P.A. INST# 2004053779 0210412404011.46 AM off- REC 13K: 13355 PG' ING: $70.50 809 Druid Road DocType*.DEEDRS 1U Clearwater, FL 33756 :... D Doc STAMP. $ 727 - 461 -3232 File Number: 03 -156, Will Call No.: 495 "• [Space Above This Line For Recording Data) ORIGINAL `warranty Deed This Warranty Deed made this 29th day of January, 2004 between D -Gem, LLC, a Florida Limited Liability Company.; whose post office address is 625 Bay Esplanade, Clearwater, FL 33767, grantor, and Bayesplanade.com, LLC, a Fltirida.Limited Liability Company whose post office address is 608 Bay Esplanade, Clearwater, FL 33767, grantee: (WheneYerused herein the terns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of riidividuals, and the successors and assigns of corporations, trusts and trustees) Wiihlesseth, that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, "has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Pinellas County, Florida to -wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. Parcel Identification Number: 05- 29- 15- 54756 -078 -0070 This deed is being re– recorded to attach Exhibit "A" Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimeo PINELLAS COUNTY FL OFF.-REC. _X 13423 PG 2170 5 Witness Name: R_ D -Gem, LLC, a lorida Limited Liability Company By: avi . Moe, Managing Member (Corporate Seal) acknowledged before me this 29th day of 7a uary 2004 by David L. Moe, Managing Member imited Liability Company, on behalf of the cj rp ation. He /she [X] is personally known to me license as identification. j 4PNoub i Printed Name: p y r - C J� Lo'Q Sherrie A B�A►� S COMML Vd=*J0M41M My Commission Expires: - oQQ 9�Fo� &P� �. V. ",,Oiiii,�, Atlantit BonQ{ggpp,mG Warranty Deed - Page 2 DoubleTlmes PINELLAS COUNTY FL OFF. REC. .,R 13423 PG 2171 Lot 6 tuocx /e, MANDALAY'UNIT #5, according to map or plat thereof as recorded in Plat Book 20, Page 27, public records of Pinellas County, Florida, and further described as follows; From the Southeast corner of Block 78 of a REPLAT OF MANDALAY UNIT #5, as recorded in Plat book 20, Page 48, public records of Pinellas County, Florida, run M ?'1..x;30" W., 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary;- chord bearing N. 26 °04'45" W., chord equals 70.73 feet and radius equals 110 feet for point of j: beginning n thence S. 43 °21'34" W. 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to ,b left;and along said line, chord bearing N. 65 °01'22" W., chord equals 41.26 feet and radius equals 64 feet; thence N. 4013'05 11 E., 110.67 feet to Northerly boundary of Block 78; thence E. 41.29 feet along the Northerly. botindar r, thence along a curve to the right and said boundary, chord bearing S. 67 °25'04" E., chord equals8448';feet and radius equals 110 feet, to the P.O.B.; together with all riparian rights and submerged land pertaining ko the above property and particularly including any and all submerged. land lying between the East and,-Wist boundary line of said lot as extended to channel in Clearwater Bay, public records of Pinellas County; l~larida. AFFIDAVIT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared Jeffrey B. Handlin ( "Affiant ") as Manager of TW /BEACH RESIDENCES- CLEARWATER, L.L.C, a Florida limited liability company ( "TW "), who [is personally known to me] [produced r-1 d r i v, 11 rme as identification] and who, being first duly sworn, depose and says that: 1. Bayesplanade.com, LLC, a Florida limited liability is the owner of the real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "), which is the Sender Site in that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by Shephard's Beach Resort, Inc., a Florida corporation ( "Applicant "). 2. TW acquired 1 residential dwelling unit (collectively, "Development Rights "), attached to the Sender Site, pursuant to that certain deed recorded in the public records of Pinellas County, Official Records Book 14634, Page 312. The Development Rights are proposed to be transferred as described in the Application. 3. As of the date of this Affidavit, Affiant has not transferred the Development Rights to any other person or entity. 4. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 5. TW and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. 6. In the event the Application is approved and the conditions precedent of the TDR Purchase Agreement, entered into between Affiant and Applicant, are satisfied, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior to issuance of a building permit. FURTHER AFFIANT SAITH NO' SWORN TO, subscribed and acknowledged before me this October '31 , 2005. Notary Public 46113.109875 #359066 v1 - She phards/TW_affidavit to TDR2 Print name: bf na L . C"Op'VI My commission expires: 1- djp -0b GINA L CANOPARI i cy MYCOMMISSION# DDOSWO EXPIRES: January 26, 20% 9- NOT{WY�FL Notary service 8 B�„g, Inc. -2- EXHIBIT "A" Lot 7, Block 78, Mandalay Unit #5, according to the plat thereof as recorded in Plat Book 20, Page 27 of the Public Records of Pinellas County, Florida, and further described as follows: From the Southeast corner of Block 78 of a Replat of Mandalay Unit #5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida, run North 7 degrees 19'30" West, 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing North 26 degrees 04'45" West, a chord equals 70.73 feet and radius equals 110 feet for Point of Beginning; run thence South 43 degrees 21'34" West, 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the left and along said line, chord bearing North 65 degrees 01'22" West, chord equals 41.26 feet and radius equals 64 feet; thence North 4 degrees 13'05" East, 110.67 feet to the Northerly boundary of Block 78; thence East, 41.29 feet along chord equals 84.48 feet and radius equals 110 feet, to the Point of Beginning; together with all reparian rights and submerged land pertaining to the above property and particularly including any and all submerged land lying between the East and West boundary line of- said lot as extended to chtnnef-In Clearwater Bay, public records of Pinellas County, Florida::- `-' / r' AFFIDAVIT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared William Blackwood ( "Affiant "), who [is personally known to me] [produced PL gC t y S ' CQIAS-t. as identification] and who, being first duly sworn, depose and says that: 1. bayesplanade.com, LLC, a Florida limited liability company ( "Owner ") is the owner of the real property described on Exhibit "A" attached hereto and incorporated herein. 2. Owner entered into that certain Warranty Deed Transfer of Density Unit Development Rights with TW /Beach Residences — Clearwater, L.L.C., a Florida limited liability company ( "TW "), dated September 13, 2005, recorded in O.R. Book 14634, Page 312 of the Public Records of Pinellas County Florida, whereby Owner transferred 1 residential dwelling unit to TW ( "Development Rights "). 3. Owner has neither transferred or utilized the Development Rights that were previously transferred to TW. FURTHER AFFIANT SAITH NOT. William Blackwood SWORN TO, subscribed and ackn wledged before me this October a , 2005. - Notary Public 46113.109875 #359072 v1 - Shephards_bayesplanade affidavit Print name: 6i iAk L . 0-" yea- rI My commission expires: I o2 �-v6 -2- g0%& GINA L CANOPARI '�A � MYCOMMISSION# DD(*M70 4 0 Fn�Q EY,PIPES:hnuary 26,2006 1.806 NOTARY FL Nmjy Se.-A- & 80ndin9, W- EXHIBIT "A" Lot 7, Block 78, Mandalay Unit #5, according to the plat thereof as recorded in Plat Book 20, Page 27 of the Public Records of Pinellas County, Florida, and further described as follows: From the Southeast comer of Block 78 of a Replat of Mandalay Unit #5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida, run North 7 degrees 19'30" West, 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing North 26 degrees 04'45" West, a chord equals 70.73 feet and radius equals 110 feet for Point of Beginning; run thence South 43 degrees 21'34" West, 131.4 feet to the Northeasterly line of Bay Esplanade; thence along a curve to the left and along said line, chord bearing North 65 degrees 01'22" West, chord equals 41.26 feet and radius equals 64 feet; thence North 4 degrees 13'05" East, 110.67 feet to the Northerly boundary of Block 78; thence East, 41.29 feet along chord equals 84.48 feet and radius equals 110 feet, to the Point of Beginning; together with all reparian rights and submerged land pertaining to the above property and particularly including any and all submerged land lying between the East and West boundary line of said lot as extended to channel I -in Clearwater Bay, public records of Pinellas County, Florida:. ; ;' °` :' JUN -18 -2009 11 :14 MACFARLANE FERGUSON PINELLAS COQrP1'Y : FL OFF. REC. HK 15019 PG 1625 t \j i I.ender.is a .. COrpo`VaAWI organized and c,tisog un4ir the laws of State of New York Ltader's addr m i., S�$ Broadbollow Road, Melville, NY 11747 i (E) Note " f le ` t prornjorY 0= Sig° by Borrower and dated March 17, 2006 ' The Note stattls C �at Borrower owes i-.eader Eight Hundred Thousand and N01100 Dollars � (U'S, 961` b,. 00 ) plus interest. 130MY ar beg premised to Pay this debt is regnlar Periodic PaYtn s� yw pay the dobt in full not later thaw . April 1, 2036 means the property that is described Uelow Under the, heading "Transfer of PjOts in the P " Y cot charges and late chug" ('�): means fire debt evidsd b the Note, pins interest, any�prepaym i cr the Note, mea ana all sums due under dtis mat that are executed by Borrower. The following 5iRkh. means a]i Rides .to tt is Stxvrity R3deis are to be cx=gw by Boas ---r fd=k box as applicable]: N- t� Adjustable Rabe Rider Coadomiaiuoi Rider Somd Horne Rider 1-4 ikmtly RWot ❑ Balloon Rider Planned Unit Developoleflt Rider t7thBda) fYl -\,.N ' ❑ VA Rider Hiwackly Payment Rider 727 442 8470 P.42 LA "Applicab6e �," means as controlling applicable federal, state and kcal 5tahttcs, regtttatioas, ordiaaaces sad adxsnisttadvc n&s and orders (that bave the effect of law) as WCU es all applicable floal, doo- appealable.,judicial opi im- (j) "Co=wdhj Asso&tleu Does, Fees, and Aws0saW means all dues, fees, assessments and other . chars that arc auposed on Borrower or the Psopetty by a Coadomialum assoctatioo, home&Mws assoC ttoa or similar orgsntzatim. (k-) "Ekchvnit ptmda'a%nsCsa mesas any transfer of feeds, other than a a wwdoa originated by cback, draft, or similar. paper iosament, whkh is initiated throligh. an eloctroaic teiminal, telephonic instrunzat, computer, or magnetic tape so w to order; ins tucc, or authorize a financial institution to debit or ciedit an -sale transfers,. mmmated teller machine account. Such term indades, but is not 13taited to, point of traasaWons, transfers initiated by telephone, wire traosfaS, and automated denting Ww =6fem (L) "Fserow Items" mesas rbosc items that arc descr tted in Sectlon 3; "bus Proceeds" means any compensation, aottiement, award of damages, or procec4s pald by any third party (otter than insurance proceeds Paid trader tic ooveragts.dcscrAod in Seedon 5) for: (0 demag a to, or dsstrttctioo. of, the Property; Cn) condemnation or other uWat of all or any part of the Property; (iii) convoyaoce in iiau of condcmaation; or (iv) mismprescntatims of, or omissions as to, the value mdlor condition of the Property. (I) " Mortvv bNora8ce" means insurance protoofing Leader against the nodPayment of, or default oa, the Loan. (0) "Periodic Payment" means the ragalatly schedum amount due for principal sad interest under the Note, plus (11) any antao is un:ttr SecdOn 3 of this searby ln.M=W t. Doc 8:322052 APPL 4,0601197929 �? PM rase2d26 Fo ai3019 VV JUN -18 -2009 11:14 MACFARLANE FERGUSON PINEISM COUNTY P'L OFF. REC. BK 15019 PG 1626 727 442 8470 P.43 (� "R PA° the Rawl EstE, s�wamea� prootAm Act (12 U.S.C. Section 2601 et seq.) and its implementing reg>aa oaJ X {24 G.F.R.:i?at't 350. as they tttight be ameeded from time to time, or say additinna�.ot`�sctetasos 1o�statio� or reg�tiou d►at gcn+crns the smite subja� maKar. As usefl itt thiv Seczrr t 1 e��` A" refers to all ra emend sad reshictbonv that art i>npased m curd eo a "fm.11 eetstcd duos doao" rues if t>ie I oaa does cot gt►slfify as a "f wally rtlatod mort�ge loan" Under (Q) "S Lirieatsf of Borroww" means any party that has bkm tide to the Property. Wberher or not that party�a§'soQed Borrower's obitgations under the Note and /or this Security Instnttnent.. T"FSE�4DIr lUohi3 IN THE FROPEItTSC Thi S Iastm nea, sewras to Lender. (J) thb repsymeat of rite ImaII, and all rentwOK eaton34"s and r:ddgmUgas of the Note; and Q iba performance of Borrowef's covenants and agreements under this :3jc4y' hsttumcnt and the Note- For this purpose, Borrower does bemby mortgW, giant and convey to. jjW4&otety as nominee for Lender and Icader's sucoN&= and assigns) and to tuts st essofa and assigns / `oE , the foDawicg �bod property loeerad i» the CounCy rr"t Of Recd ft t b%� iPiri811a5 IN— ofN-nft7mmd�oeJ. u or plat thereof as recorded in Plat Book 20, Page 27, Lot 7,Bk dc,78, MANDALA'Y UNIT' n5, according to 2TUi1: P publk- k&3jds of Pinellas County, Florida, and or dent ed follows: From the Southeast --guitar of Block 7� f4'iOLAT OF � �y UNIT #15, as recorded in Plat book 20, Page.48, public records of Pinellas do i� , J'lorida, nun N. 7 019'30" W, 352.99 feet along the Last boundary of said block; tbenee along a curve to the 1defE of said boundary, chord bearing N. 26 °04'45" W., chord equals 70.73' feet and radius equals 110 feet for point of beginning; rum thence S. 43 °21'34" W. 131.4 feat to.the Northeasterly line of Bay Bsltlmmde; thence along a curve to the left and along said iine; chord bearing N. 65 °0172" W., chord equals 41.26.feet and radius equals 64 feet; thence N. 4 "13'05" E., 110.67 feet to Northerly boundary of Block 78; thence E. 41:29 fast slang the Nortlaexly boundary; thence along a curve to the right.aud said boundary, chord bearing S. 67 025'04" E., chord equals 84.48 feet and radius equals 110 feet, to the P.0.134 together wi& all riparian rights and submerged land pertaining to the above property and particularly including any and all sulmerged land lying between the East and west boundary line of said lot as extended to cbattnel in Clearwater Bay, public records of Pinellas Cmmty, Florida. Parcel lD hlamber: 052915547$60780070 which cmently has the tbddm of 625 -627 Bay. Esplanade (GUCaI Clearwater ICIW,Fiorlda 33767 [ZIP COW ("property Address°): TOGETIMR BVM OU the eats aoa� ar htuedmr erected on tbe.prop�y, aad all eeae� eats, appurtcaaams, and titdureti now or n Part of the A1! rcplsOemaN and addido� shall also be coveted by this Security Instrtuu�aem All of the f Derfed to is this Sow' Lnshrent as the "Ptopem."Borrower understands and agrees that MW bolds o* legs$ tide to fln inteu+ests gmatect,by . Borrower in this Swadty Instrument, but, if wmmry to comply with law or custom, It US (as cosines far . Lender and Leader's swcamors and asslgas) has the ri M: to ��se any or a!t of arose ioteiests, irJudiag, but not limited to, the right to fearless end mU the property; a to rate any action roqutna of L.Eade< including, but not limited to, releesiag and mweling this Secrity Instrument. 0OC #--322053 APPL 00001197929 WtW- ig 3A P14 G �A +)•QOGQA - py"9dA Pam mo Vft JUN -18 -2009 11 :14 MACFARLANE FERGUSON PINELLAS COUNTY FL' OFF- nC. RK 15019 PG 1627 727 442 8470 P.44 r J i' V BORitO '. tIVBNAPffS that Borrower is lavvfuily rased of the waste bereby Conveyed. and has he right to mO, mat sect convp_y ibe property and that the ProQertY is .uuencxtmbeered, except for eacumbrances Ah e'*0'4 Boccowcr warrants and will defend gcaerally the fide to the Property against all culims sad de�ga� a, 3ubjeec to any encarbranoes of recxad. i Ei1S SI GPI r %TRUtVI1;NT cbmbiueS uniform covenants for national use and ten- uniform CovcngCts t °i —" variatlons by jnrisdtdiOn to 0004ule a uniform Seemly irfim=aat Coverm$ real COVENANTS. Borrower and L=&n covenant and Wee as follows: / u1 or prlae�tsl, Warta E ow Items, Ptspilyment Cis, and Late CharNM Boger ,Shaii pay wben due the principal of, and iWrrac on, the debt evidenced by the Note sect any ppa ant cdwps and. late cbargps due under the No to- Borrower shall also pay funds for Eserow items p *t to Section 3. Payments due under the Note and this Security Instrtimenl shall be made in 'J.S. j tztt -j�oq. However, if any cbeck or other instrument Mcivtd by.Leader as Poyment'uoder the Note or tYzEs cug rty Instztupent is rcturoed to Tender unpaid, Lender may require that any or all subsequent paytitents 1`tis� under the Nate and this Smu* Instrument be made in 022 or more of the following fonts, as sewctod by bender_ (a) cash; (b) money order; (c) certified eiieelc, beak drank, preasouer's deck or cashier's check, tiff ' providad gay sucb check is drawn upon an institution wb= deposits are insured by a federal agency. instntmet)ulity, or entity; or (d) Electronic Funds Trantdrtr. Payments arc deemed ta6ved by Leader wbea woeived of the h atioa designated in the Note or st such other location as may be deslgmated by Lender in accotttaame with the notice proyisions in Section 15. L ceder may remit any payment Or partial payment if the payment or partial payments act insufficient to bring the Loan cummt. Lender may amcepi soy payment or pttttial paymtmt irtstrf£icient to bring trt Loan ments , without waiver of my rights hereunder or pt4udict to � �� to refuse axeb payment or partial paymenLa do the future, butt Under is not ob9gated to apply sndt payments at the lilac such payments are tt=Pwd. If cads Periodic Paymcat is applied as of its scbedukd dun date. then Lender need not pay interest on uaapplied €ands: Lender may hold sucb unapplied funds .until Borrower rdakes payment to bring the Doan a rttsnt_ If Borrower does not do so W":4 msoaable period' of dme, IAWdor shall either apply such funds or return theta to Borrower. If not applied earlier, Such funds will be applied to the M=aading principal balance under the Note immediately prior to fotectosute. No offset or claim wbkb Borrower might haye.aOw or in the future against Lender shell toileve Bxwwer from rnaldng payments due under the Nate and this Security InBiritIDGnt or the covenants and agrcomeats. wwrod by this Security InsrtiulM- Performing i 2. Applkstion at payments o r Preeeedit. Bxcgt as othe� desmdbed in this Section 2, all payments . accepted and applied by Lender shall be applied id the following order of priority: (a) interest due under the Note; (b) principal due under the Note, (m) amounts dun under Station 3. Such payments shall be applied to eadt Periodic Payment in the order.io whicb it be=D due. Any'remedning amounts shall be applied first to late charges, second to any other amounts due under thin Security Instrument, and then to reduec the principal balance of the Note If Leader receives a payment from Borrower for a delinquent Periodir Payment which 'inclua*.s e sufficient amount to pay any late charge duc, the payment may be applied to the delinquent payment and the late charge: If more than one Periodic Payment is outstWdia$. Icndet may apply any payment remeived from Borrower to the repayment of the Petjo& Payments if, and to the extent tbat, each payment. can be paid is Doc ,4_.322054 APPL,t:0001197929 taidda ®(vR(Fid to z+raaote Fern 3W Iva LO v a m N cl N Go Z N M r+ LLJ LL z Q 0 J d LO G- 14 . LL E m 1 �7 W 0 V N a Of °''1 fs, O .r �+ i•� � , � " .� yq- � °� V •6 M1 rQ '' '!3 fa77 •� 7+i -� �°. •�. t:s tW 01 oil PUP11A 15 �,s� �� ,S � mom• ��•� �,� •��•�999000E .Q� W V p� L a ,� g is g ut. .4 lift . ° ^ tg N ..i `,"J' N "'1r :�7 ".�: 'Q •Q -' .q {j' y SJ M n•� d -q cq •� .S �' ' j1155j �1' '•��'j1 Od � � �FFII '� � i7 a.: a. pp 41 �, .� ,� �,i qq N .� p��.�qy `ry1 / -y 6� � � � e.C} •T!QU� � •IU .n �✓. r•1 '(��py�! O M JUN -18 -2009 11 :15 MACFARLANE FERGUSON 727 442 6470 P.46 pINELLAS COUNTY rL'OFF, REC. BK 15019 PG 1629 R If there is a,.,i gilo,of Fonds held in escrow, as•defined under RFSPA, Lender sbail aoeouat to Borrower for the„ &?� ds ie accordance with REW A. if there is a shortage of Funds baud in escrow, 38 defined under A, � shall notify Borrower as required by RBSPA, and Borrower shall pay to 1.endet the auxo. l 46&=ry to make up the shortage in wcovdanee with RBSPA, but in no more than 12 monthly 4'ep15 � there .is'a defk1cacy of Fuads held in escrow, as defined uoder.RFMA, lender shall notify go�r suited by RBSPA, and Borrower shall pair W under the amount notxssary to make aP the de rdatlCe with RESPA, but is no more than 12 monhly payments_ l j ent in fall of all sums secured by this Smuity bstrurnenl, Lender shall promptly refund to Borro(v Ajy)Fl cods held by Under. l 1308LOWGr shall pay all fazes, assessments, ehatgas, fines, and impoOionm 1 ayft tabje to the Propdny whieb can twain priority over this Security Instrument, leasehold payments or gr rents on the Property, if any, add Community Aswuladon Dues, Fees, and Aswssrncnls, if any. To the I are. Escrow i �• pnrrowcr shall prom}xly did# Items, eBnrrower shall vhich its priority tIISnncr provided losttumeat unless ,. )Como ver- (a) agrees in wriftg.to the payment of the obligation secured by the Gen in a manner acceptable to 40der, but only so ;Ong as )borrower is performing such agreement; (b) contests the lien in good faith by; or against eaforvment of the lien in, legal prooeedings which io Lender's opinion operate to prevent the .enforcement of the lien while tbose proccediagm ate pending, but only uaW such proceedings arc concluded; or (c) secures front rw holder of the lien an agtoetaeta maddiaory to Uader subordinating the lien to this �... Security Instrument. If Lender dctertnittes that any pan of the property is subject to a hen which tan. attain prkniity over this Sccurity'lnsttt>meat, Lander may give Borrower a notice identifying. the Hen- Nithia 10 ` days of the date on which 69 Moiler is Sven, Borrower shall sadsfy the ]fen or take one or more ox the actions set forth above in this Section 4_ Lcndcr may require $orrowtr -to gay a.oute -time didw for a real estate tax verification and/or rcportling service used by Lender in connection with this Loan. S. Property 1 ®sur>enee. Bormwtr shall keep the impcovcmeots now existing or hem-after erected on the . Property insured . against loss by 6rc, bazards included Witbis the term "extended coveragip," and any otter hazards iorhudiag, lxt not limited to,'earthquakes and fkoods, for which Lender requites insurance. Tits insurance shall be maiaWwd in the amounts (lac wft dedt c%k kveis) and "for the periods d= lender requires. What Lender r.-quires pursuant to the preceding sentences can change daring the term of the Loan_ The ins arse carrier providing the insurance sW be.ehowD by Bonvwer subjoct to Lender's right to disapprove Borrower's choice, which tight shall not. be eAercistsl. unreasonably- Lender may requim Borrower to pay, is caoaccda with this Loan, either: (a) a one -tiune charge for flood zone &termination,,. certification and trackhhg services; or (b) a one -time charge for flood zone desertnination and actificatkn services and subsequent charges each time remappinga or simile r changes occur which m wnably might affect such determination or certification. Borrower shall also be- responsible for the paymoat of aunt fees imposed by the Federal Emergency Mium meirt A$eney io comoctim with the review of any flood zone determination resulting from an objodion by Borrower_ If Borrower: Ws to maintain any of the coverages deacrlbcd above; Lender may obtain insurance coverage, at' Lender's option :and Borrower's expanse. Leader is under no. obligation to purchase any . particular type or amount of coverage: Therefore, much coverage Bball cover Lender, but .might or might not protect Borrower, Borrower's equity is the Property, or the contents of tho Property, against any risk, hazard DOC #.3W056 APPL #:0001197929 S. 3A.I /C roa?ar 6 d>a VW= sins vu JUN -18 -2009 11:15 MACFRRLANE FERGUSON PIMLLAS COUNTY FL OFF. REC. BK 15019 PG 1630 727 442 8470 P.47 or liability and t •,hrvida greater or lee U ceverage than 'was Previously in effect.. Borrower acknowledges that -te Cott of the iasuranee.c«+erage so vbtaiatd might aig�audy eroreed she nort of insurance that SQr'd b9ve obtaiacd. Any amocats disbursed by Lender under this Section S shall become addilonal of Borrower secrred by this S=Hty Instrument, These amounts shall bear inter at the Notc rate rite date of disburernent and shall be payable, with such interest, upon ttotiw from Lender to Borrow Payment• . A l poheies required by Lender and renewal& of such policies shalt be subject to Lender's rrarht to � e sueb policies, shall Include a standard mortgage clause, and span name Lender as mort�a -c"" or as an additional loss pays. Lender obeli have the right to bold the policies and renewal CertifiC�tes_ Leader rcgalves, Borrower d" promptly give to Lender all receipts of paid prow Ms and rcde ,notrces. If Borrower obtains any form of insrtranoe coverage, not otherwise tequired by, Lender, for daln'age tip, or destruction of, the Prorty, such policy &W inehtde a standard mortgage clause and stall u"onder as mortgagee and/or as an additional lose payee. ! i `• iln the event of loss, Borrow- shall give prompt notice to the insurance cattier acrd Loader - Lender may i . ;,salty proof of loss if not made promptly by Borrower. Unless header and Borrower Otherwise agree is ` b Lender, shall be ,.` k riling, any insurance proceeds, wbdter or not the underlying intatranct was tagtued y , : $jiAlicd to restoration or repair of the Property, if the Ieetorebi0n or repsit is econotnicaAy feasible and Lender's security is not lam. During such repair and restoration period, Lender shall bon the rigbt to ._1 hold such insurance proceeds untfl Lender bas had an opportunity to inspect such Property to ensure the work "._, , has beets completed to Leader's satisfaction, provided that such inspection shell be undertaken Promptly. Lender may disburse proceeds for the repairs and restaratiou in a Single payment or in a series of progress payments as the wort; is Completed. Unlesa au agremient is made in writing or Applicable Law tL'gttites interest to be paid on such insurance proceeds,. Lender shall. not be required to pay Borrower any interest or caroms ou sucb proctWs. Fees for public adjusters, or other third parties, retAhleri by Borrower shall riot be paid out of the insurance proceeds and Stab be the sole obligation of Borrower. If the ascot 600 or repssir is. not ecouomicany fcssttWe or Lender's secoz* would be Imned, the insurance proceeds shall be applied to the sums secured by this Security Ivsriutaaat, wbethen or not then due, with the tseess, if any, paid to Borrower. Such insurance pmeceds shall be applied in the ceder provided for in Secion 2. If Borrower abandons the Property, Lender may Ift, negotiate and settle any available insurance claim and related -Afters: If Borrower doer not respond within 30 days to a notice from Lender tbat the insurance carrier has offered to scrip a Jahn, then Leader 'may wegotlate and settle the clahn- no 30-day period will. bzgia when the notion is given. Ia either event, or if Lander acquires the Property under Section 22 or otherwise, Borrower tts*eby assips to Yonder (a) Borrower's rights to any insurw= proceeds in an amount not to exaod the amoul2ts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned Pumn1Ms paid by Borrower) under all ivsureoce polities covering the Property, iosofar as such rigbts are applicable to the coverap; of the Property. gender way use the insurance proceeds gibber oo repair or restDt'e the Property or to pay amounts unpaid under the Note or this Scc urity Instrument, whether or not tben due. 6. Occupwney. Borrower shall occupy, establish, and use the Property as Bormwet's principal tesideam within 60 days after the oxecation of this Security Instrument end shall continue to occupy the Property as Borrower's principal residence for at least one year attes the date of occupancy, unless 1mclor otherwise DOC 4'322057 ARPL 1:0001197929 4W4 MM - - i•.p7df6 F1otA301® IM I m v C. 1 Z% v m N v V N N r4 LoZ M O � L T J O Q rE LL UUW �i w cc s-1 m 00 U h H a 15 9 ell Ito F61� m MA " ►.. u T, � 2g i3 � •� 4q m to w a� I'a flak I � S sa Iz. M a m' i •• �--• •�` O as .� +� � •� as Le) . cx ,•� U 'CJ `✓ �y`�i .�.{' Q Y bbl W • r� R .�i Q .�� .C7f� m !��$p!1• JUN -18 -2009 11:15 MACFARLANE FERGUSON PINELLAS COUNW FL OFF. REC_ BK 15019 PG 1632 727 442 8470 P.49 dssbutsement and pO �Otpayabie, w*h such inh=c upon notice from Lender to Borrower requesting t M f this Se'Wr I�?st4'eat is as a leasehold. Borto'W shall comply with all the provisions of the lease, if Borrower wigi%s,Je� title to the Property, the leasehold and the fee title shall not merge unless Dander agrees to fire r uh writir►g. 10, bi �lnsormmz If Lender required Mortp InsttMce as a aondidon of making the LAM, Borrower Ay' the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mar canoe coverage required by Le1er ceases to be available from the mortgage insr= the[ �elja:� =b insurance and Borrower was required to make separately dcsil2pated paymeatg towat� p s for Mortgage Insuranee, Borrow- shall pay the premitums tequirod to obtain covsrsge „rbstant�' p• egtsvaknt bo ibe Murtpe ln6wauce previously In effect, at a cost mbstaotially equivalent to tiny'' `b Borrower of the. Mortgage Iostuance previously in effx4 from an alternate mocragt insurer eel =ty Y•cnder. If substantially equivalent Mortgage Insttraocc coverage is not.avai►gble, Borrower span *Mw to pay to Lender the amount of the separately des4pated payments that were due when the insurance f qo0 adored .robe in effect. Laurier will accept, use and retain &cat payments as a non -re fundable lass . true iu lieu of Mortgage Fostuyccx. Such loss reserve shag be non- reirwdnbie, notwithstanding the feet that _JAW is ultimately paid in full, and Larder shell not be required to pay Borrower any interest or. eamitip such lose reserve. Lender can no longer reguao Iris rear payments if Mortgage Insurance Coverag (in -,the amount and for the period that Ltader requires) provided by an iusst= selected by Lenft.a Won" `• available, is obtained, and Lender requires separately desigmated pay premium $age ti Insurance. If Lauder required Martgage.I atrance as a coodition of making the Loan► and Borrower was required to make separately designated payments toward the pmmkms for Mortgage IttaumM Eionower ~ - shall pay the premitmts cequrired to maintain Moripp Insurance in effect, or to provkie a non - refundable loss rcWve, until %nder's requirement for Mottpge Insurance ends in awD da= with any written, agreement between Borrower and Lender providing for such termbadon or until terminadw is required by Applicable Law; Nothing in this Section 10 aff cm Borrower's obligation ro pay interest at the rata provided in the Alate. Mortgage asuranec reimburstas Lender (or any entity tbat purchases the Note) for c ttain losses it may incur if Borrower does not repay the Iasn as agreed- Borrower is not a Part to the Mortgage Insur^.^nce_ Mortgage insurers eva rote. their total risk on all anCb issuance in 71101 from dw to time, and may entot into agreements with other pKties that shm or modify their risk, or reduce losses. T bm agreements are on terms and conditions that are satisfactory to the morhgage instrrer.and the other party (or partics) to thtrac agreements. These agtremeuta may require the mortgase.imurer to make paymeats using say sauce of funds that the moapge.ftstuer may have available (whfab may inchtde fonds obtained from Mortgage lnsurance prgmit�s). As a result of these agrtsmeAts, Lender, any Purdw r of the Note, another i> mar, any rcinmrer, any other entity, or any affr'liste of any of the foregoing, may receive (directly or iaidireitxly) amounts that derive from (or mWu be.chuactcdxed as) a portion of Borrower's payments for Mott&* lawrantx, in exchange for sharing or modifying the mortM insurer's ris!<, of reducing lea m. If such agreement provides that an affiliwe of Lender takes a share of the inatm's risk is =hangs for 'e share of the premiums paid to the iasur¢r, the arrangement is often termed °caphve:teiasurauce.` %lather: (a) Any . such manto . wHl cot agar the counts that Borrower has agreed. to pay for Mortal Insm w=, or any other terms of the Low. Such aDvemenis will not increase thie amount Bomwer• wm owe for Mw%W do ct, and tlay WE not entitle Borr'ow'er to tiny reload. (h) Any such agr"ments ►silt not affett the rights Borrower. hu •. if any .- with respect to the Mortgage Iusu n%uve nudes the $oomwners Pmtectbn Acct of 1996 or any other law. These rigbta may Wu& the right to rive certain, rilsdowtree, to nnuat and obtala 0-te flon of the Mc Inattmaw, to have the hiotrtgp Iusw ncs ft mhttted aulomadealy, and/or to receive a refund of any Mortgage laser mum prezalama that w•m unearned at the time of Boa eaneel ado or teraination. roc #_322059 APPL 4:0001197929 Pr6{Ff,) tree 9 ar>dJ 3 %� Form 3010 B/bl i0li otoc� apo7+� �' �� -TPPR 6Z6L6LTOOD i 4dc31{ 09oz?Vf DOG :aP! ,(q palaaz9 luattautsal Altm$ ? Lq pazn�os stuns aA1 )p (to �ezgz4Re P. 40HjPOW 10 192Wigd 10; aum 00 jo UotsaatU ' MpM * auk ApWj Sg aoarut "40,3 'PWWd M I*AIOUOJ *� Z wins oI 301 mAcid zapto n U! Pa.ldh aq ash Llzad0M M 30 4WO ao UOpe QWX Ol P2tidde,1OV a s 03d steogtn ia0s}yQ iib -jMan of Omd aq lle4s p- pov� m iq=q am LlzadoM 2qt to 192=(q s,Iapm lJO I=UI dm! 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" a4su l� s>:� ,M so; Led'Leta :a4ma'i •Liatuo,a �ap� aq III � �+ °� rn P?7ajd4Li0D a aql z7t>saa St�adoud q q ,c _�U� �qon sPaaUOZa snOao [OOatYtii q= plop 01 14� agl 0Amq llvgs japA''i `P� uop I p4so zledaz qo- $v!ma •Imaassal lou sl AM= sAW1 Poe WOmn � �? z � �� ° `Liladozd M p z� w MVWO W Ol Midde a4 pW spaooO.td =Wdq st.Ini "Paua�P�^�kt?�O1d OT 31 t01 Asa Cgaxe� 0- spamia MOARrm" uv,aunmnj ftemam Mann / Fr1 lYl ,, , EE9T 9d 6TOST n '0313 '330 %3 L'N"W S`d'73NId OS ' d OLDS Fbti LFL NOS(1S83d 3NHnmuADdw ST : T T GOOF- 8T —Nnf Zi [r N o � g � z cr W r-4 CE LL � . m Goa p m k C U z ti a - � � }` �•f tli w Q IL �'� �PJ O p � 61• � �{�Y! !!aaJs 164 1 Cp. a 4H Nt Ile -let l .3s �s All] Ili ta Ile a3 m Hi v � R u ' ifla w �..� Y a•��o wx��g..,� ,gp,�• a a�g 7C .Vj Vi N yt-J N r-�i 91 yyU p] THY-41N! J 61 yApy. ,.b N �. C"_ �'� •� G � `F !.C� p Z g�Y c� � .£i a Q¢C aoq� qt a,•H 117 RA At 3 'fir ':� � .4 � � A' CL � F � a � .a 0 a a 4 K -1 O n U 8 JUN -18 -2009 11:16 MACFARLANE FERGUSON PINELLAS COTJNTY FL OFF. REC. 13K 15019 PG 1635 727 442 8470 P.52 /cl: sbatl not be deemO U haft been given to Leader until mbtally received by Leader. If any aoft wquaal by this Security IasW= of i aleao m pixed under Applicable Law, the Applicable raw tegrnrameut will satisfy the correspoaad� ' "nt vad.r NS Security iastru Rn>es of Cnndradlm This Security Instrument shalt be gaystned 26. Gov ',=P �g Aw; Se m whicb tibc Property is located. AR rights and obligations by federal l�, a IA- of the jttr 8&tlon onatained,4 ��y Instrument are sub,{ea to soy raNhcmm and limitations of otbeab� Law. of erplicttly or input* allow the patties to ague by c0atrac2 orb» bbe silent, but such sjloa i not be mnstwd as a probibilioa agaiest agreement by contmet. III the event that any xiauSe of this Security Instrument or the Note exenfl{cis with Applicable law; such aoafliea shall 1J�'� ' Insttumout or the Note whiob can be given effect alt6our 41te nol.,a1l`i� other provisions of this Severity rs A used in this Sex tarty 1psmment: (a) WOxde of the tassCullue gender shttli . taaart nrrd ceding neuux words or words of the fearaiaine gmda; (b) words in the dagrtlar Sha11 tiican and {� plarel sad vice vase; and (c) the wad °may gives We discretion without any obligatioa to take .17. Borrower's Copy. Bmrmver shall be given one copy of the Now and of this securfty Instruram 1 18. Transfer of the Prolmty or a Bene&W Iataest in harrower. As used is this Section 18, "Interest in the Property" mans tray ko or benafi 4 iuierest in the Property, iaoluOi& but not Hmitod' to, ye ; those beaefcW inures Ls tralxsfetred m a bond for deed, aooKaet for deal, installment sak* Contract or escrow ti agrecmeu� the intent of which is the transfer of title by Bommor at a future date to a purchaser. if all or any part of the Prop. y or any Interest in the Property is sold or gc mkrred (or if Borrower is not a ashffal person sad a bene&W interM in Borrower is sold or traasferrcd) without Leader's prior written conceal, Ieadcr >7eay`regtr. itni edi to 1?aymc in full of ail sums segued by ibis ,Security Instrument. However, this option sball trot be exerdsed by Lender if, such WiCi e is prohibited by Applicable Law. If bender exorcises this option, Leader shall give Borrower nual¢e of acceleration. The notice shag provide a period of nat km dtan 30 days from the date the notice is given to a000tda= Witt► Secdoa 15 within which Borrower roust pay alt eructs sem-ed by thi& Secuf* Instrpenem, If I3otrower fails to Pay these sums prior to the exlniradon of this period, Leader may invoke tmy remedies permitted by this Scmru y Instturmont without lumber nodmi or &Maw on Borrower- 19_ ]9®srvvver's t bt to Relastate After Aeoderatlo�a, If Borrower mnedn exrtain oondtdoas, Borrowcr shall have the right to have aaot+cemeat of f21 Soeutity ]asgtmtent discoutirrued at aaY bare Prior to the cwiiest of: (a) five days before tale of the property pttrsuaat. to any power of Sale amalaod is this Security lastrmcat; (b) such other period as Applicable Lttw might specify for the termination of Bormwesr's right oo rdostate; or (o) entry of a judgeaent ettfW*9 this Set=* In6trnmc2t. 'Those conditions are that Borrower: (a) pays Leader all sums which then would be due under this Seduicy InslnmrAd and the gets as if no aoxlemdort had ocawred; (b) mw any default of any other Covenants or agmemeyots; (c) pays all expenses mwrred in.et! mjag this Seat * Ingratawt, fiw&U tog, but not }invited to, reasonable attorneyr' fees, property imp ram aid v4astioa feels, acrd other fees insured for the purpose of protecting Lender's interest in the Property and rights under this Security dosbimoent; and (d) tatter such aexiott as Leader may. reasonably require to assure that Leader's interest in the Property and rights under. this Suxruity Inabiunent, DOC ;:322062 �AiD%J psi APPL 4:0001197929 twr2am mekv!3 s.� rein 1141 JUN -18 -2089 11:16 MACFARLANE FERGUSON PINBLLM COUNTY FL OFF. REC, BK 15019 PG 1636 i(N 727 442 8470 P.53 and Borrower's. obll ; m Pay the sum segued by this Security lastrumeot, shall condmic vnchauVd. Linder may require tha['Mrrower pay sucb rdastatemcnt sums and expenses iu one of More of the following fotras, as se eel v I err (e) cash; (b) money order; (c) eertiBed check, bank cbeck. &.asurer s check or cashier's c=-Cd ' bd any sith check is drawn upon an institution whose deposits arc insured by a federal agency, is Z- 1 or e ntity; or (d) B>�ronie Funds Transfer. Upon reinstatement by Borrower, this Security I and obligations secured bcrcby &W remain fully effective as if ao acm1ttration had ocsurrec�, `= ibis right to teinstste shall not apply in the case of acceleration under Section 18, sj?e 4t Note; Chanp of Lm m Ser view, Notice of Griemet. The Note or a partial interest in the Nota,Xt5�ttlef with thds Sewr# lnsuumeot) cm be sold one or more thm without prior notice to Borrower. A �Sale`q#t1 gilt to a chmp in the entity (knnwa as the "l oaD Servicer") ,that collects Periodic Paymonts d� '� ?the Note and this Secray Inw =ent and performs other mortgage loan servicing obligations uq v the Note, this seoghy Ins+xument, and Applicable Law. 'There also might be one or more cah OVS of lfic� g n Scrvicer unrelated to a pie of the Note. If there is a change of the Loan Servicer, Borrower will be i N�eq written notice of the dwp which will state the name and address of the new Imn Servic", the ad' t6 to which payments sbould be made and any other }'Dformatioa RESPA requires is connection with a Vd= of transfer of s rvrcio& If the Note is sold and thereafter the r own is serviced by a Loan Servicer other •-than the purchaser of the Note, the mortgage loan Servicing obligations to Borrower will remain with the Loan Servica or be treasfsrred to a mxussor Loan Secvgxr and are not assumed by the.Note purchaser `• i uutess otherwise provided by the Note purchaser, Neither Borrower nx . x cudu May commence, join, or bo joined to any jutheaal action (as eitbet alt Mvidw, litigant, or the member of a elms) that arises fmm the other party's scum pursuant to this SSecarrity instrument or that alleges that the other pasty has breachod gay provision of, or any duty awed by reason of, this Sowr ty lnstrcimeot, until sruh Bocrowar or Dater has notified the other party (with surth notice grvcn in compliance with the requkements of Sectiatt is) of sueb alleged breach &W afforded the other party hereto a reasonable period after the giving of seeb notice to take corrective actin If Applicable .Law provides a time period which most elapse before certain action can be taken, that time period will be deemed to be reasonable for putposrs Of this paragraph. Tie nom of ae=jeratim and opporhtnity m CUM given to Borrower pursuant to Section 22 and the notice of acm1er'0ion given to Borrower pursuant to Section 1S sbaB be deemed to satisfy the notice and opportunity. to taiko corrective actiort,pr+ovusioffi of this Secdon 20. 21. Hazardous Substms, As used is this Section 21: (a) "Hazardous Substances" ace those substances defined as toxic or ha=dous substances, pollutants.. or wastes by Environmental Taw ad the following substances: gasoline, ksrwe>te, other flammable or toxic petrol:= .prod%#, toxic pesuddes. and herbicides, volatile solvents, materials oontaining asbestos or formaidebyde. and radioactive Materials, (b) ,,Enviioamentai. Law" means federal laws and taws of tbo jnnedlction where the Property is locaand that Mate to heWth, safety or =koamental protection, (e) 'Euvltoumental Cleanup" Wbrdes any response action, remedial action, or removal action, as deitaed in Snvitopmental Law; and {d) an "EavironmeaW Condition" means a condition that can cease, contribute to, of otherwise tftgger an Environmental Cleamrp. Borrower shat]. not con or permit the presence, use, dispoaW, storage, or release of any Hazardrrs. Substanm, or threaten to release any Hazardous Subatanoas, ou or in the Property. Bortum shall WA do, aor allow anyone else to do, ao iH* affecting the Property (a) that is in violation of any EavlronmcnW DOC #:322063 .1 room, APPL 4:000119Y929 hpl3plu ,r "-J; /� B 3020 ua1 'M JUN -18 -2009 11:16 MACFARLANE FERGUSON PiNEL%AS COUNTY FL OFF. REC. RK 15019 pG 1637 727 442 8470 P.54 Lary, (b) yybid OrOa* 8p Enviro=eWd Coaditi0o► or (G)wb�, � to the presence, 71st, or Tckw Of 8 Hazerdo+ts Substange,'�% a madidon that adversely age= the valise of the Property. The pre�g two ==aces shall �a��3?�� LO � P , use. or Aorsge oo the Z y of small quantities of Hazatdow Subotwccs thm,ab g�enej,,J y recognized to be aMo1� to normal r�esidontial uses and to maialenansa of she Property, a ' but not limned to, bazardaus atbstanc es In consumer pralucts). gortm�etVpromotly �w (,ender written notice of (a) any invesdgatioa, claim; demand, lawsuit or outer *i' iy gnvernmeaUd or regulatory &pur' or prime Party involving the Property and any g r�vbrg ace or PuviromnoW . Law of which Borrower has actual knowled®e, . (b) day t oodition, including but not limited to, any spilling, leataag, dischatBe, release or threat of rel;W',q aay HAmrdous Substance, Add ;(C) acy condition caused by the presence, use or release of a It Substance which adversely affects the value of the property. If Borrower learns, or is aotified by agy`Overnmental of regulatory authority, ar any private party, that any removal or other mmeaia w of any ' oils substaoce affK14 the Property is necessary, Borrower" promptly take all neorsssry temcdtai in acsordaacc with Eavi ental Lew, l�lothing htrein shall create any obligation on Lender for an •.,13nsu'oibmentai Cleanup- ;~ ' NON -UN TTIFORM COVIIKANM- Eonower and 111h6f fu(tbar oovanant and agree as fonows: .4 atin; Renodks. LeadWW (hail gift n bike to Borrower prior to Mukradan fokwh* Iiorrouter-1 breach of any covelklart or, in ibis Sonny I> dnmzeat. (but not pe" to _ 1 leaationu Under Seetiou 1$ rhea Applkab)e LAW PMVWes otirrwae). The antler shall npoclfy: (a) . the defMM; (b) the s>,%a tom» red to ea n Oe delaultl (c) r date, not lem than 30. days holm the date the 11131ke is given to Borrower, by which the dtWk psvat b CUM4 and (d) tbat faibrre to core tier defeuk on or before the date sped1W in the Mike euy result fn Reed rntioa of the sums secured by this It6airuneant, forecl agm by judkW prooeedmg pnd sale of the Properly- The nonce abttll further inform Borrower Of the rrlgitt to Wetoatate sfttr acceleration and the_rkbt to assert In the Lvedosure proceedhS rtes non- eaistenee of. .1 demak or any other detase of b and fore re. If the dehuk is not cored an or before the date spadBed In the notkx, Lender at hs opth m my require I.nm late pryueeat hl ftM.o4 A Sn" seewed by thte Sopuity Inet =04 witlout Imther demand and may Ahreclaft this SetM* I,o mu mat by Su" p:v & Lad= AaA be tatlticd to oDnect air eVenow bwmd in pursubeg Me remedies provided to IMa stabs 4.t, raging, but not IhUW kh reasohOk attorneW [tea amd coda of We epee. . 23. Rdew. Upon payment of all sums secured by this Security lostrumenk IAtsder shall reksasa this Security Ia9L*amcoL BC1rOMt shall pay any recorrhd o costs. Leader may charge Borrower a fee for teleming this Security Instrument, but only if the fee is paid to a third party for services rendered and the cbetgktg of. the fee is Mmided under Applie" Lew• 34. Attorneys" Few. As used in this Security Instrument add the Note, attorneys '. fns shalt iealude those awarded by eis appailam ooart and any ati Mys' feea incooed in a banlmtptc9 proceeding. 25. jury Tatar Wad. Tim Borrower hereby waives soy right to a. trial by jury in any action, prom di* rdabA,'or counteYclaim, whether in coarser or tote, at law or in equity, arising out of or in any . way related to this Secatky luatnsment or the Note. DOC 11.322069 APPt, #a0001197929 Feq'ne 3Qr0 llel JUN-18 -2009 11:16 MACrRRLRNE FERGUSON 727 442.8470 P.55 PINELLAS COUNTY FL OFF. 1XC. BX 15019 PG 1639 322065 APPL ;:0041197929 FOMMO 1/01 ►.�1ld15 BY SIIfNjNr, -s Lqw. Borrower wmw wd arm to the terms and oovc*O' Con "4 is tb:{s Inssrome )ad ml&my Rida =ctmd by Bo,ro aad m=ded with I $igBed, sealed �icd to Ot ptesegce of: •. f � � r � .ks.i M'�iil�li�am glaokNOOd, as �sasger - Bo�rrwcr of Sayeapleaada . = A LLC `� '• 625-627 8sy SBPlansda. Cloazxnter, FL 33767 1� 11 �w A. (� (Sod) �...t' - Borrower se�� (Add —) . 80rrawai - •$prrpyer (Add+�rs) (AddmoD - B&mwer 4wmwer (A teeva ( ) 322065 APPL ;:0041197929 FOMMO 1/01 ►.�1ld15 JUN -18 -2009 11 =16 MACFA.RLANE FERGUSON PIN LLAS COUNTY FL OFF, REC. BK 15019 PG 3.639 727 442 6470 P.56 4 county as: STATE OF irLO, i'•, �- -moo by foregoi �astn lent was ackoowted�d before we this Match 11, 2006 William 81a l�WO i as wenfificadoo. erh0 i9 kpown t0 me os w?to has ptoduced . PEOPLES t70 1a1100 - `, : g�,ndcseRyN�enelNodn� DOC 9:322066 APPY. 1.0001191929 4d ,�,) t�l ey�16a(26 Farm30i0 1101 JUN -18 -2089 11:17 MACFARtANE FERGUSON PINE.LT COUNTY FL. OFF. REC..BK Isoi9 P , 1640 •1 727 442 8470 P.57 1 -4 FAMILY RIDER (AWpueilt of Rents) `, zoo6 THIS 1;4•�AA RMER is made this .17th day of March, . r and is into _ stn and sbaR be deeaned to amend and supplement the Mortgage, Deed of Trost, or ' '„ of the same date en by the undersigned (the „Borrower °) io Statrity l�d 4('tiie'' st�autty lastntment ). $i+' ,ease gpfy 'Cr•� Note to American Brokers Conduit �. ` �• r "I,et�t` „,� of•the same d art - and oovenng the Property &8ezibed in the Sea►rity Insinttnent and locattd' at: Gf�r "7> Bey EsplarLade, Claarwater, FL . 33767 `l . �.) made in the Seca�ity / 14 FAMILY COiMIAAi - In addttmn to the COVt'Aants atxi agrt�m '7pstrument, Borrower and Leader fsriher oovenRnt and aV” as follows: INSTAUAISNI'P. In 8dditioa to A. AtD DITIOittAL PItOP> 11' 3UB3 T � '� the fbllo�aang llama A0w Or hereafter attached to the zt the property descrtised in the 3eaarity are add wf, and shall also constittft the �..,� property to the ex= they arc fixttues are added to the PmPenY desetiPtion, of ev nature property twvered by the Security lastrnment: haing materials, gxli mm anti goods ery what60eva now or hereafter iocaud :n, ot4 or used, or iotended to be used in a me WOW witb the PmPetty, i including, but not liatitt:d to, those for the outposts of applying or d3stdbutittg haatiag, o0oling> eledrici(y, Ps' water, air and light, Ore ptevendon apd aongngog apparatus, secuoty and Rams coa W want$, plumbing, bath tubs, eater beaters, water closets, Sinks, rangas, stoves,1dd91tators, dishwashers, disposals, washers, dryers, awawp. storm , storm doors, screens, blh* shades, cuttatos and curtain rods,. attached minors, 46intts, paneling and attached. floor ooverin$8, al Of which, intruding teplacemcnts ad additions thereto, shall be deemed to be and tent b a pad of the Property covered by tht Security lasttumcat. AD of the foregolug together with the property described is the Seery Instrmnea (or the leasehold estate if the Sorority luskum=t is ou a leasehold) are referred W bi this i-4 Family hider and ►be Security lnstrulnemt ! as dw „ Doc #:319831 w APPL 1:0001197929 HmLxlsraTZ 1.4 FAMILY PIM = Pmkdw Mu NO mdlk 't” 17 U931 0006 1014 term317ti� �� VhlP tulORiCiAGB POit1i18 - (80tYjS7t -724r t Y 4 A, 1w tee v m z ,Aws 6z WIT000'# Zaae (swa) zse6TE�a 5oa :bold aql 30 sld olp 3o Ilg 04=M P Polmun aq " .00 3?»al jip»s a i Aq pnow same g w M lde ;q w '4w XPw-rI 30 132trA M aod. ?WWM se. �Ma11og f4 PIai a4 W labaslog �{q PaAPM SIM I[u (1) :3a -o�]0H m )IMP Jo �>: g IOU p �I •,flop P 1ol,ua ue ma p� 1a8u7a�}ssa omlom as semusaw slap ;o laaaa>B!vm sl u, wift SAV-I 10'wa;I m PFd aq of ?1e Ruax am (sy of aopoa MAO "Qr /a/l�a'I (R) Pa' ai AW a13o ZZ aoi S ai ;agnslad l[M1e3?P 1a%=Off 0964 Sq I�, V) :Man S7a g1p oqa="] '30A .'S3l"ft S,IBPnrT 10 30 OOPOU Ivarl ma sags 2T god ow ivadoW Im JD iaeoat qm vm scam Po `smal am p2noo of quag S,Jgpna" j m 0H - oWAl3d m iGsAM Mi;O wwd OM al 30 mIPaa] 1430dok 24130 G,sl a) mma w Pug sisal lIg WWI ai �� Pae s dReaoprpBOOan Pos d�ynlosgg 7akw]oH 'AI® AII �(QM�i .` AIIO�d0 DWT'iMOddV.`:SINA 90 3.RM9 "H PIo4 1 g Qo si laa7Ltnmui Auras �p �c oaaealq°S. ueam URW .—eq. pm- aql 'IJ it "g]d srtp ul Pasn sy •00noow!p xos s,jzpuwI aI'92ml A%m ado oi. Pau sasum SUP. a om ele=Ual 30 Pga= `4wm 01 rpil em *Auq flew mun'loomu2i se o a puoo nF apm spodop dlit = V Pus ,Cl O&q o7P 30 saseaj 1w \ code 7aadosd ayi l Sasealygl�?�"s n' Pdg'I ol Iles ]2-01301 9•vv mig e.]3pao j DOd(1 •Sa 'j tIQ 4�IAl`JYuS`i�'f% rr, P�aiaP Si d aqt §0 kUod=O 5,18 - 0.710, Sjq 9 a0};7sS'Zan" al WISE nIM]OW 19t, OXMR PUN �I nopa 'A3l Vjn3ao P./°^'` pal�tap 9t 6I *UVJSNM O.� JAM S.�t&Owaoai.173 t, ao �q Pazn>Sal sI goasane°►' ]o; *m 03 Wow a? ssol law .VURIC aaasni4a[ umulm ll Jae"°uoB.. id�'�iiSfO SbO�d ;i 9 30v�d S,Sapca-j 7s7ogP,n d7r�dosd '� XWft P aq q 1 a2 �(u7nx$.aip40r 30E3"3aF MR. kN �ilg IOU RMp —01106 'A91 FIaP* ri4 P2Rf=ad se sd .O.On XLVisII�> S •� I ie3o1a�t0�?igso?tdde -(poq p4uomasandd. tae slam] pae met lI8 91f"� Iidr]o�1f E& ;1�&.Uo$ -a$nagJ oql o� �apsleA a� m as seq Japan 'wpx9Imp *ww g4 ]o Amlwai*,;D`a5n �;w a! s®aggn s aRM so w oal2e gI III 6'M'r"I I Id34i00 f tI0 �Sfa "S 8S'd OLb8 Ebb LEL T "T 0.3 61051 xg ":)Td aao rla �.rsrno0 bvi'Iaxld NflSM9l 3d 3NIJ_ldU_D1JW LT : titi Gow- 8I—Nnr JUN -18 -2009 11:1? i,iHCFARLANE FERGUSON pInLLAS COilia'!'Y r.L OFF. RFC, SIt: 15014 Pr9 1642 r� t� . .i 727 442 8470 Borrower agrees AM Icuent of the Property Im" ps7 ail cote dm gad unpin to Irndcr or I,m&es agcata Lecdec, tleoadd to the w=&; OV) a 2mftbte law proridos o*"Wize, Oil Rams aol}eetrcl iry L3 i'br'T.eedcc'.o wnm SbA be AWW FA to the casts of mldns uDXml of and taaae" tba Property and'"bxd rK the Rests,. hu not li 2WA ta, *Wcdey's fees, r=Ivm's Ices, p,omi ms on receiver' 6$os /rePsir and mab,teamee aotte, inter I.s� ° °u amo irher rim�CCs on ne pt ' ty" add rata to tat sums Wauai by me �rliy wsUument; (v) Loodre Lcadu'a aum's a any l ` a nted.=civor Abell be bAW to R=mt Cn[ time Bents st�elty �eivcdc 01) u shaft 's' asw a rxcirtt npp**W to t� Poswaarm of and mopw the ptopriv aw.am= the BenY� :pp nfita deriQSt1 From. the Pwpert7 without my $ as to dlc Waicctaa�Y of the Property as r l! „• 4 t e�Wnty, )� � RRag of the Ptropcny.mc act attf6oleot to covet the txesti Of tmldat; control of and rnaang* the 3'�t`$iGdly” ntjd of calkc-I g the Am any Loads cxpcA&d by Ixnder fur sutra We mm ahO beM,rte �Ldt n of Boriuvru M Iz*d" aixwmed Z7 thn SdutftY Ioetromettt pursoaat m Seaton 9. ! "• t gbaao+r, r&pm.rznts and vrrcta9ts that Bmower im mi cacpdvd say Prlot etdgttm M of tttn ROW attd t ; im ow- ".k fiat✓tlm p�oc#t9d, cad will +stx p:rfvua. ao7 art 1801. wwlltt prevent IBnder Flom cxcre�idg Cites �'' t paragr :B a wr,bhtdl dot be regnMi to Lain UPO Mk0 { - L a , nr I mi3ci'a 29W& }odiaalJy caat,ot of cc mdoftin the PfCJX Y bcfor'o yr Aftor givLv antis, of thdaai► to Morrows,. However, I Ards,, or a =jver, May Oo eo Pt any dmc whoa a &-faun ocmc. Any 3pocati ttgcrits or a ju Wt C t or remedy of Isodcr. • appllestian aF Rents stmR era, cnto or wzaive ady defauU tx lnva}Idate any other eiglr Y iltis amipmeat of Rem of U c Pmv- ►y shat" termiaam wbm OR thu soots smeared by ma. 8aattitr tnsaimcdt act Paid in M, i, CX0b'S- IBlklrteilLT PROVISION, Sorrawer'n dr ink a Urrach undo, day note or Agmem6at Fo vr16� Lcodr See sa idtmcat. WmIl bt: tt braA;t mda die Semuty Iaaaimmt mad Txndet may -JOk 2Ay of Lbe MMIC6ies Pe UdUCO b7 d►o Security Lac WnWnL me $:3191333 6"t (MEN) iIPPT+ 4:0001197929 pWaw♦ P.59 i ' t I i JUN -18 -2005 11:17, riHCFARLANE.FERGUSON 727 442'8470 P.60 PZNEI.ra -B CO=Y Bl- rate+'. RAC. 8K 1 019 Pe 1643 , f f� L HY SIONING Bk'3 OW, cAt� s� m the tcmlb and p rnntaiuCd i0 Wic 1-4 Family Rider- 014 p0111ia+a a of Hayas� -com BY,C , r ISE DOC �13I983� m (MHl APPL 4 :0001197929 Ppgc 4 s[ � Property Appraiser General Information: 05/29/15/54756/078 /0070 Card 1 i_n_teract_ive plan of this Sales Back to Search New Tax Collector_ parcel Query Results Search Information Page 1 of 4 Question Comment ab.out_this parcel. 05/29/15/54756/078 /0070 13uEdng_2of 2 Building 1 Data Current as of June 21, 2009 [ 11:53 am Saturday July 4] Nonresidential Property Owner, Address, and Sales Print Motel/Hotel < 4 Stories Property-Use: 313 MANDALAY UNIT NO. 5 REPLAT BLK 78, LOT 7 AS SHOWN ON PL 20 PG 27 TOGETHER WITH SUBM LAND IN SW 1/4 OF SE 5 -29 -15 BEING PART OF TIIF DEED #17451 DESC BEG NW COR LOT 7 TH NO3D46'41'E 98.81FT TH S89D39'24'E 239.51FT TH S43D50'04'W 181.14FT TH CUR LT RAD 111.91FT ARC 80.72FT CB N65DI1'47'W 78.98FT TH N89D33'221W 48.87FT TO POB Click here for short legal ** 20.0.8 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: SO 2008 Value 2008 Tax Information ; Comparable Sales Value:: $0 Tax District: _C_ ti's' Q /II V/I Im� rovement_Value per F.S,. Millage: 20.3578 553.844 Just/Market Value: $800,000 Non Ad Valorem Assessments: $.00 Assessed Value,' SOH Cap: $800,000 Taxes: $16,286.20 History Taxable Value: $800,000 Taxes without Save - Our -Homes cap: $16,286.20 A significant change in taxable value may Taxes without any exemptions: $16,286.20 occur when sold due to changes in the market or the removal of exemptions. Click here for more information. 625 BAY ESPLANADE 10/1992 Owner/M Property Address Sale Date Book/Page Price Q /II V/I Address 2/2004 13355/400 $730,000 Q I BAYESPLANADE.COM 6/2001 11403/250 $510,000 Q I LLC 627 BAY ESPLANDE 625 BAY ESPLANADE 10/1992 8063/826 $350,000 Q I CLEARWATER FL 9/1990 7369/558 $110,000 U I 33767 -1617 Parcel Information Plat Year Plat Book/Page(s) Book/Page: Land Use: Hotels, 1929 020/048 15783/0771 Motels (39) Census Tract: 260.02 http: / /www.pcpao.org /general _ nadet.php ?pn = 1529055475607800701 7/4/2009 Property Appraiser General Information: 05/29/15/54756/078 /0070 Card 1 Page 2 of 4 Land Information Seawall: Frontage: Bay View: Land-Use La_nd Size. U_ nit Value Units Method Hotels, Motels(39) 100.00 9,950.35 S Rivers and Lakes, Submerged Lands(95) 1,000.00 .49 A Foundation: Continuous Footing Floor System: Slab on Grade Exterior Wall: Concrete Block/Stucco Roof Frame: Flat Roof Cover: Built -up Composition Height Factor: 0 Floor Finish: Carpet Combination Interior Finish: Plaster Furred Party wall: None Structural Frame: None Cabinet & Mill: Average Quality: Average Heating & Air: None Electric: Average Bath Tile: Floor and Wall Fixtures: 12 Total Units: 4 Year Built: 1951 Effective Age: 30 Other Depreciation: 0 Functional Depreciation: 0 Economic Depreciation: 0 Structural Elements Open plot in New Window View Floor: 1 2 :Click here if screen is blank fiYA� http: / /www.pcpao.org/general _ nadet.php ?pn= 1529055475607800701 7/4/2009 Property Appraiser General Information: 05/29/15/54756/078 /0070 Card 1 Sub Area information Description Building Finished Ft Gross Area_Ft2 Bas Area 1,244 1,244 IP) er Story Finished 1,116 1,116 Utility Room Finished 84 men Porch lin ished 160 Total Building Finished SF: 2,360 Total Gross SF: 2,604 Description Asphalt Shuffleboard Court Patio /Deck Pool Dock Nonresidential Extra Features Page 3 of 4 Factor Effective 1,244 .90 1,004 .55 46 .30 48 Total Effective SF: 2,343 Dimensions Value/Unit Units Total NewValue Depreciated Value Year 6X200 $1.75 1200 $2,100.00 $2,100.00 Unknown 4X78 $1,500.00 1 $1,500.00 $1,500.00 1951 288 $6.00 288 $1,730.00 $830.00 1970 IRREG $30,000.00 1 $30,000.00 $14,400.00 1970 1848 $40.001848 $73,920.00 $71,700.00 2006 http: / /www.pcpao.org/general _ nadet.php ?pn= 1529055475607800701 7/4/2009 Welcome to VDB on the Web AVM! ' z H-Ay Bplanad , _ K G� +9 1.0 Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. Pap 1of1 http: / /vdb.pcpao.org/vdb.php 71M2009 .._1 Property Appraiser General Information: 05/29/15/54756/078 /0070 Card 2 Interactive Map of tbi.s... Sales Back to Search New "Ta.1 Collector Parcel Query. R_esulas. Search Information «Buildina_I 05/29/15/54756/078 /0070 ' Building 2 Page 1 of 4 QuestionJC oniment aboutths pare].. Data Current as of June 21, 2009 [11:55 am Saturday July 4] Nonresidential Property Owner, Address, and Sales Print Motel/Hotel < 4 Stories Propert.._Use:313 MANDALAY UNIT NO. 5 REPLAT BLK 78, LOT 7 AS SHOWN ON PL 20 PG 27 TOGETHER WITH SUBM LAND IN SW 1/4 OF SE 5 -29 -15 BEING PART OF TIIF DEED #17451 DESC BEG NW COR LOT 7 TH NO3D46'41'E 98.81FT TH S89D39'24'E 239.51FT TH S43D50'04'W 181.14FT TH CUR LT RAD 111.91FT ARC 80.72FT CB N65DI1'47'W 78.98FT TH N89D33'22'W 48.87FT TO POB ** Click here for short legal ** 2008_ Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value 2008 Tax Information Comparable Sales Value:: $0 Tax District: C:_W 1_mprove_ment Value-per RS, Millage: 20.3578 553.844 Just /Market Value: $800,000 Non Ad Valorem Assessments: $.00 Assessed Value/ SOH Cap: $800,000 Taxes: $16,286.20 History Taxable Value: $800,000 Taxes without Save - Our -Homes cap: $16,286.20 A significant change in taxable value may Taxes without any exemptions: $16,286.20 occur when sold due to changes in the market or the removal of exemptions. Click here for more information. Owner /Mailing Property Address Sale Date Book/Page. Price tQ /U V/I Address 2/2004 13355/400 $730,000 Q I BAYESPLANADE.COM 6/2001 11403/250 $510,000 Q I LLC 627 BAY ESPLANDE 625 BAY ESPLANADE 10/1992 8063/826 $350,000 Q I CLEARWATER FL 9/1990 7369/558 $110,000 U I 33767 -1617 Parcel Information Plat Year Plat Book/Page(s) Book/Page: Land Use: Hotels, 1929 020/048 15783/0771 Motels (39) Census Tract: 260.02 http: / /www.pcpao.org/general _ nadet.php ?pn= 1529055475607800702 7/4/2009 �r property Appraiser General Information: 05/29/15/54756/078 /0070 Card 2 Land lnfor►nation Seawall: Frontage: Bay Land Use Land Size Hotels, Motels(39) Rivers and Lakes, Submerged Lands (95) Structural Elements Foundation: Continuous Footing Floor System: Slab on Grade Exterior Wall: Concrete Block/Stucco Roof Frame: Flat Roof Cover: Built -up Composition Height Factor: 0 Floor Finish: Carpet Combination Interior Finish: Plastered Direct Party wall: None Structural Frame: None Cabinet & Mill: Average Quality: Average Heating & Air: Heating & cooling Package Electric: Average Bath Tile: Floor and Wall Fixtures: 6 Total Units: 2 Year Built: 1951 Effective Age: 20 Other Depreciation: 0 Functional Depreciation: 0 Economic Depreciation: 0 Page 2 of 4 View: Unit Value Units Method 100.00 9,950.35 S 1,000.00 .49 A Open plot in New Window View Floor: 1 2_ ,Click lerc, if screen is blank http: / /www.pcpao.org/general _ nadet.php ?pn= 1529055475607800702 7/4/2009 Property Appraiser General Information: 05/29/15/54756/078 /0070 Card 2 Page 3 of 4 Total Building Finished SF: 952 Total Gross SF: 1,048 Total Effective SF: 951 Nonresidential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record http: / /www.pcpao.org/ general_ nadet .php ?pn = 1529055475607800702 7/4/2009 Sub Area information Description Building Finished Ft2 Gross Areal Ft2 Factor Effective Ft2 Base Area 476 476 1.00 476 Utility Room. Finished 72 .55 40 Open Porch Finished 24 .30 7 Upper Story Base Area 476 476 .90 428 Total Building Finished SF: 952 Total Gross SF: 1,048 Total Effective SF: 951 Nonresidential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year No Extra Features on Record http: / /www.pcpao.org/ general_ nadet .php ?pn = 1529055475607800702 7/4/2009 Welcome to VDB on the Web Fage 1 of Bay ES P1: rl .jt ''J C i m i(:J ft Ya 1.0 1 ... , Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http://vdb.pcpao.org/'vdb.php 7/4/2009 G v. BaY .. . a Bay ES P1: rl .jt ''J C i m i(:J ft Ya 1.0 1 ... , Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http://vdb.pcpao.org/'vdb.php 7/4/2009 CDB Meeting Date: July 19, 2005 Case Number: FLD2005 -03027 Agenda Item: E4 Owner /Applicant: Bqy Esplanade.com LLC (Bill Blackwood) Representative: Mr. Bill Woods, Woods Consulting, Inc. Address: 625 -627 Bay Esplanade CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development to permit a 2,183 square -foot, five -slip commercial dock in conjunction with an existing six -unit motel, under the provisions of Section 3 -601. EXISTING ZONING/ LAND USE: PROPERTY SIZE: Tourist (T) District; Resort Facilities High (RFH) Category 0.229 acres PROPERTY USE: Existing Use: Six -unit motel Proposed Use: 2,183 square -foot, five -slip commercial dock in conjunction with an existing six -unit motel ADJACENT ZONING/ North: Preservation (P) District/ Intracoastal waterway LAND USES: East: Preservation (P) District / Intracoastal waterway South: Tourist (T) District/ Overnight accommodations West: Tourist (T) District/ Overnight accommodations CHARACTER OF THE IMMEDIATE VICINITY: Overnight accommodation uses dominate the immediate vicinity. ANAI.VCIC- Site Location and Existing Conditions: The 0.229 -acre site is located on the north side of Bay Esplanade, approximately 400 feet east of Poinsettia Avenue. The site is located within the Old Florida District of Beach By Design, which has been designated for multi - family townhomes and condominiums of low to mid -rise building heights. The immediate vicinity is almost entirely composed of small motels of one to two- story. Building styles generally resemble architecture from the 1950's and appear to have been progressively expanded. Properties to the west and south of the subject parcel have been requested for Flexible Development approval to redevelop those parcels for attached dwellings. The existing dock is proposed to be removed. Staff Report — Community Development Board — July 19, 2005 — Case FLD2005 -03027 Page 1 of 7 r CITY OF CLEARWATER �'�►�-: PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING � ►� 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 www.myclearwater.com/epermits CASE SUMMARY OCL- 0017443 625 BAY ESPLANADE THE COVE APTS 4 units - 625 -627 Bay Esplanade 8/22/2005 -per property appraiser there are 4 units. The renewal notice indicates that only 3 units are rented and 1 units is the owners. So I am changing the number of units from 6 to 3. jmc PEOPLE Role: Owner /Property Business Owner FEES BUSINESS TAX - RENEWAL LICENSE FEE - NEW LICENSE FEE - RENEWAL Total OCCUPATIONAL LICENSE BAYESPLANADE.COM LLC 627 BAY ESPLANADE CLEARWATER, FL 33767 BAYESPLANADE.COM LLC 627 BAY ESPLANADE CLEARWATER, FL 33767 Assessed Amount $123.00 $30.35 $30.00 $183.35 PHONE: No Phone FAX: No Fax PHONE: 727 - 447 -2503 FAX: No Fax Amount Paid Balance Due $91.50 $31.50 $30.35 $0.00 $30.00 $0.00 $151.85 $31.50 Category Quantity 091020 RENTAL: APARTMENT /30 DAYS OR 3 ACTIVITIES Date 1 Date 2 Date 3 # Employees 0 Done Disp By Application received 1/30/2004 WBS New Owner 1/30/04, application rec'd by DIRT, given to license inspector for follow up Additional Requirements Needed 2/10/2005 DONE WBS See BIZ2005- 00184, need: copy of state license, license fee (confirm if there are laundry or vending machines) Issue License - NEW 04/05 2/11/2005 DONE CAK 04/05 Renewal Notice 7/22/2005 FY2005 -2006 Issue License - RENEWAL 8/23/2005 DONE 2005 -2006 Renewal Notice 7/21/2006 2006-2007 ISSUE - Business Tax Renewal 8/9/2006 DONE 2006 -2007 Renewal Notice 6/27/2007 2007/2008 ISSUE - Business Tax Renewal 8/7/2007 DONE 2007-2008 r: \Forms \I nfoSummary.rpt Q�L- QO17443 625 BAY ESPLANADE Renewal Notice 6/20/2008 2008 -2009 ISSUE - Business Tax Renewal 7/29/2008 DONE 2008-2009 Renewal Notice 6/26/2009 2009-2010 r:\Forms\1nfoSummary.rpt U j3)J CITY OF CL,EARW- ATTiJR A.PPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVEI, EAMT SERVICES MUNICIPAL SERVICES BU.ILDINQ 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (813)- 562 -4567 FAX(813)562-4516 APPLICANT AND AGENT INFORMATION: APPLICANrs NAME Shephards Beach Resort, Inc. MAILING ADDRESS 619 q -, Clearwater, FL 33767 PHONENUMBER 727- 442 -5107 FAXNUM13ER : 727-447 -2009 AGENT NAME E.D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, MAILING ADDRESS ; _911 ChPstnut Street_ Clearwater, FL 33756 PHONENUMSER 727 -461 -1818 FAX NUMBER: 727- 462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): William M. Shephard, as Trustee under the provisions of the PROPERTY OWNER Shephard Family. Trust Agreement, dated February 29, -1984 MAILING ADDRESS : -61 q . S_ (;,,1 fv i Pw R 1 -vd , Clearwater. FL 33767 PHONENUMBER 727- 442 -5107 FAX NUMBER : 727- 447 -2009 LEGAL DESCRIPTION : wee RXhihit "A" attached (IF IN METER AND BOURM, ATTACH A 6EPARATE SHEET) STREET ADORESS 619 S . Gulfview Blvd. PARCELNUMBER 17- 29 -15- 05004- 003 -0010 ZONING DISTRICT T SIZE OF SITE 1.878 Acres CURRENT USE OF THE 97 unit =full service hotel PROPERTY • I# OF HOTEL ROOMS, OWELUNO UNITS, COU MERCUIL FLOOR AREA. VACANT) Seeking: termination of non conforming st HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED To THIS SITE? as to density - See Density Table in Com Infill Application. HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 16 units, 2 of which are from sender sit HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: 145' 2" Page 1 of 2 M as � � 4R f� +l MAILING ADDRESS 20001 Gulf Blvd, Suite 5, Indian Shores, FL 33785 SITE Fw RQM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER Clearwater Beach Sales Center, LLC MAILING ADDRESS 20001 Gulf Blvd, Suite 5, Indian Shores, FL 33785 PHONE NUMBER 727 -584 -7355 FAX NUMBER : 727- 585 -2083 LEGAL DESCRIPTION See Exhibit "B" attached OF IN METES AND BOUNDS, ATTACH A SRPARATI? SHIES STREET ADDRESS 645 Bayway Blvd. PARCEL NUMBER 17- 29 -15- 05004 - 002 -0050 ZONING DISTRICT T SIZE OF SITE 6,878 0 +-E " CURRENT USE OF THE 2,400 sq. ft. Real Estate Sales Office PROPERTY IN OF HOTEL ROOMS, DWE'LLINO UNITS, COMMERCIAL rLOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 4 HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 2 HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED To OR FROM THIS PROPERTY? X YES NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: V COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED 4 O ANOTHER PERSON. TATEMFNT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of props Owner or representa ive E.D. Armstrong III STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this � day of November , A.D., 'X20 5 to me and /or by_E.D Armstrong TTT , who Is personally known to a&" v4aaed- v------------------- ---- -A q, = �-/ �kA� Notary public, my commission expires: -d {p QFj �p�fifi�nn°nn°rretg GINA L CANOPARI Page 2 of 2 MY COMMISSION # DD 08M70 EXPIRES: January 26,2006 1-SM3 NOTARY FL Notary Service & So -Ang, ft. NOV -01 -2005 10:43 SHEPHARDS BEACH RESORT AFFIDAVIT TO AUTHORIZE AGENT: Clearwater.Beaoh Sales center, LLC on deed — please PRIW full names) 7274472009 P.04iO4 1. That (i affukve a(a) the owner(8) and ram dM holders) of the toilowing described properly (address orgenerdl location); 645 Bayway Blvd. 4 That this properly eonsdtules Ile properly for W" a regUest fora: (describe reque6t) Transfer of Densitv Riahts Annrnval• 3. That the Undersigned (haslhave) appointed and (doeSW) appoir E.D. Armstrong, III, Esquire of Johnson, Pope, Bokor, Ruppel & Burns, LLP as (htsA ido agent($) to exeCUte any pefifions or ofher documents necessary to affect such petitioq; 4. That INS afdavlt has been executed to Induce the City of Ctearwatet, Florida to aonstdetand act on the above ttesaibed property: 5_ That site visits to the property are necessary by City r+epresentafiues in order to process this oppfiration and ne owner authorizes City representatives to visit and photograph the ptopeity described in Vft apprrcation; 6. That Pm), the undersigned Aft". herebyeaf* Brat the faegoN hlyte $y% COUNTY OF Omer Before ma the undersigned, an officer duly cornmissbned by the laws of . S to of Florida, on this October 2005 personally appeamd Evelyn age Deposes and says thai tte/shm turfy understands thm ca,tenia of the affidavit ft�r noi�ho Q:A,, ,.� My Commission Expires: J ►r" � Donna G. Swett My Commission DD765126 S:IManvvng poperr�nontls ,txallon Fom�sldaHelerrr�nt r ,*V'A1ox&a eewo%mc»r +Ppheadon 2005•dw , LLC SI S ` day or who having b2eA&sl 4�V worn TOTAL P.04 EXHIBIT "A" To Density Agreement Lots 1 thru 5, Block "C ", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C ", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38. and 39, of the Public Records of Pinellas County, Florida; thence N 54 025'30" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12 140'00" W., and parallel to the westerly boundary of the said Lot 1, Block "C ", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C ", Bayside Subdivision #5, thence N 12 040'00" E., along the westerly boundary of the said Lot 1, Block "C ", bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. EXHIBIT "B" To Density Agreement (Clearwater Beach Sales Center) Lot 5, Block B, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof, recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida. #359089 v1 - Shephards_exhibit to page tdr 0 0 R�ecei v�r �s i I� 619 S. Gulfview Blvd. - Zoi Rm 0 0 smGlev 64& 645 YsIDE---{ L" LMDR Blvd. - . ........... Legend Streets F-I Parcels Zoning F-1 LDR ❑ LMOR MDR ■ MHOR HDR UNP ■ T ■ C ■0 ORT ■ OSR ■ P ■ a Pinegas, County LU /Z5 /ZUU5 11:03 FAX 7273918589 4ct�w sI 88131936 !' ORA75OPG 1631 aaoaw.aa RAMCO matt e Ibis W-Un Bak l rrc.w tw t 3 , (j.7 .f �. .._ . A. U. 1,088 .6y William M. shepherd f;..e patty, It William M. "hard. as Trustee under the provisions of the Shepherd Waxily Trust Agreement. dated February 29, 1964, known as the 6he0ard Family Trust ,Aowped,fjk*,Jk.tia 619 Rulfwlew Blvd., Clwwater, P1 34610 .vawtd pug: tww. w bon. w a— "tfe.. w' v" a%-4w &a 0" bin. 6" ► TW tie rail Grra prey. f. ..l 1. .a4.9. .1 d. t.w, •J S --0— iw waved pall Lip t6 a.il wmwJ patty. d6 vvaipt a JLa is Lmty sAwwWpad, dew wady aawliaw m- " and aukA" woo da mend arvvni party b wr. &166 a4k ad,. "&mL darts awl da.a.ed wA#rL tits acid f bw pwty L. iw .wl ev j6 b&wh,s Je.mW M. Mm w► v~j of 6.l ri ok bbw .wi 61.,v at tin Cewry of Pinellas Stay of Florida , to -". Bea tdshibit W attached hereto. Tull power and authority is granted by this deed to said Trustee or his success- ors to protect, conserve, sell, lease, improve, to Convey either with or with- out consideration, to mwttgage, pledge, or oterAse eacrosber said property and to manage and dispose of the real gcoperty cc any part of it described in this zeoocded iastruaewt. Subject to restriattees and eae.ments, of record_ Subject to that certain mortgage presently held by the Bank of Clearwater, a state beakivg association in the principal sun of $405,000 dated February 26, 1943, and filed Starch 4, 1583 to 04 5464 Page 1SSS of the Public Beoozds of Pinellas County, vlotride. This property is not homestead property. ?he Grantor resides at SOO Bluff View Drive, "llesir Bluffs, Florida- 4 JOHNSON POPE 1a002/003 ?ti19 am IS MMM PM to Pam= or COMM11" 7 s or ��8�1Rp t$00.i` _. FAMIi.T TSUIS:.t hGOMM ! ISBICY b'11011LD Et Fi�oAiCr 29, 5w Gus . .i 7 :�: MC STWS 2 To 11M at b )w A. -rove Newham -A .d .wad &*.1. A. apw.+.w.wdQ'18.a..t. j•�••M■e a► M Mrffw . "*Ww b& ad on lw..some. viewL Sd., l.ae.rt. l�i�iR'idt.i• aww,` of Iwti ..id f ivt p.y. elves at iv «.away. 1v #L. eal p.rpw aw. 6n4m and w.w.i/ Lr. -9 "v w% party f.w.ar. It T6 .0 fire to h. dv d .wad ..t W A. p..* eve. &r awd pew Ad da.. mad hawed a. "AIR OF 1&QRUk% WILLIAM M. CMK" ow FIM:LL68 i MiR W CUTM flat M d& 49 vB.tr r.*ad.W is M. anew siuw M and W dw dam d,...M .. twM p. WIM M M. SSRPNIBB C j c4 C6 `.. r au k-wa a w dw ra"a dm&d i aw *be cwcum ter Iw.tA Fewer and he . 1,M roe Wet � tw.ev.el ii. raw .. W^iTttiSL ay a..d awd .lfidal .ra/ i tea t:b.agr s.d r aia,wtil .,�a•...'f y i my COMINUM MW crass ftTUM 'Ll�ilmRtastanarprrttrtliJ: Tot-! _U•_a� YW 1 i S 4.9 F iLzl 5A_ Description: Pinellas, FL Document -Book. Page 6758.1631 Page: 1 of Order- 1 Comment: to /z5 /ZUU0 11:U4 IM 7173918589 -.- -V"nu IDIT A LWAL DgSCi1Pf10M OR6758PG 1632 Lots 1 Nun ,5, Dlack "C', "Me Subdivision 05. aetordIva to the war or put thereof as "oosded is Plat Doak 39, Pagan 3i aad 39, Mue 9:eoatda of Pisellae County, Plorida, and beg" at the Noitlr wastorly eoraer of Lot 1, block 'C', #oyslAa kbdivieion f5p as toeordod is Plat look 39, P"u ,33 sad 39, of the Publta batords of Piwellss Coaaty Ploridat tbaaee Nortb 54 dogto" 25' 30"V, 65.14 feet along the Soatharly 21st of Calf soalarardl tbases South 12 dagrses 40' OOY, sad parallal to the Westerly bo adu7 of the said Lot 1, block 'C", bgdde Sabdivisioa 05, a distseee Uouadory of 296 foot to the vatere of Clearwater say and thsaes ss@tarly along the ,share list of Claarvater lay 67 feet Sara or loss to tba latereac- tioe of the shots lies of Cleasvater say a" the vasterly bonsdary Lim of Mid Let 1, Sleek "C", baysida sub"Vision 05, thaaaa Merit 12 dogrwe 49' 90't, along the V@stsrly boseiasy of the @aid Lot 1, block 'C', say" S*D41V 190 05. 295 toot seas or lass to the Point of segiaaisg. Section. 17, Tasesh4 29 Beath, wage 15 Rest, Pinellas Comfy, llorida. 4 JOHNSON POPE 0 003 /003 Description: Pineffas,FL Document -Book Page 6758.1631 Page: 2 of 2 =�y-- Order 1 Comment I #.' 2004'288068 BK: 13710 PG. ..135, 07/16/2004 at 05:15 PM, R1J—RDING 2 PAGES $18.50 D DOC STAMP COLLECTION $2800.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMCI r ��r s�+e l012sared by and return to: Stephen G. Watts Attorney at Law Stephen G. Watts, P.A. 606 Druid Road East Clearwater, FL 33756•..., 727 - 461 -3232 File Number: 04- 069... Will Call No.: 495 [Space Above This Line For Recording Data] Warranty Deed This 'Witirarity Deed made this 14th day of July, 2004 between Viewpoint Realty International, Inc., a Florida corpgraiion ";whose post office address is 483 Mandalay Avenue, Suite 210, Clearwater, FL 33767, grantor,: and Clearwater Beach Sales Center, LLC, a Florida Limited Liability Company whose post office address is 20001 .Gulf Boulevard; Suite 5, Indian Shores, FL 33785, grantee: (Wheneve'r used herein the terms "grantor" and "grantee" include all the patties to this instrument and the heirs, legal representatives, and assigns of "';4ndivtduals, and the successors and assigns ofcorpomtions, trusts and trustees) witnesseth, that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Pinellas County, Florida to -wit: Lot 5, Block B, BAYSIDE SUBDIVISION NO. 5, according to the plat thereof, recorded in Plat Book 38, Page 38 and 39, Public Records of Pinellas County, Florida Parcel Identification Number: 17- 29 -15- 05004- 002 -0050 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. Ill Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee PINELLAS COUNTY FL OFF. REC. —,� 13710 PG 2136 Signed, sealed and delivered in our presence:' j Vie n at al, Inc., a Florida corporation Witt ss Name: Z1, I (A x .Roderick resi dent Witness Na e:.�`_ /�@ -77—r - Corporate Seal) State off lbirda " County bfP.nellas The ;foregoing instrument was acknowledged before me this 14th day of July, 2004 by Roderick J. Gillis, III, President of e4ypoi- Realty International, Inc., a Florida corporation, on behalf of the corporation. He [X] is personally known to me has produced a driver's license as identification. J[N,otary . Seal] Notary blic Printed me: CYNTHIA Y. COX = mmtsnlen it DD02125W Expires 5/3112007 . My Commission E iay('�,>7 Bonded through 3 t MNWZN�N��N.NN.N.N.. ...... �� Warranty Deed - Page 2 DoubleTimee PURCHASE AGEEMENT RE: Transfer of Density units from the following property: Clearwater Beach Sales Center 645 Bayway Blvd. Clearwater Beach, FL 33767 Buyer: Shephards Beach Resort, Inc and /or assigns Seller: Clearwater Beach Sales Center Price: $190,000 for 2 transferable Density units Deposit: $10,000 to be deposited upon acceptance of this agreement with Attorney Steve Watts Escrow account Closing: On or before December 30, 2005 This agreement is subject to Shephards Beach Resort, Inc getting approval from the City of Clearwater to use the 2 density condo units on Shephards property. This agreement is also subject to the 2 density units being legally transferable to Shephards Beach Resort, Inc. If either of these conditions are not achieved this agreement will be null and void and escrow deposit will be returned to the buyer. Buyer Date -OJOU �- Date 1 NOV -01 -2065 10 42 STATE- OF FLORIDA COUNTY OF PINEL.i.AS ) BEFORE ME, the undersign®d'at t►ority duly auftrizsd to administer oaths and take a�oyAedgments, personally appeared EVELYN V. PAGE (°AfnaW) as Manager of CLEARWATER BEACH SALES CENTER, LL.C, a Florida limited liability company ('The Sr'). who (is • .personeily . known ,to me] [produced s ates Cente 'CL as . id ®ntI fication] and who, being first duly sworn, depose and says that 1. The Sales Center is the= owner of the real property described on Exhibit "A" attached haWto and incorporated herein ("Sender Site"), which is the "Sender Site" in that c s t In Application for Transfer ofr DOVISloPment;.ights (the °Appfication ") submitted to the City of Clearwater,:. by, Shepherd's Beach Resort, Inc., a Florida corporation ( "AppiftMI. 2. The Sales Center is the owner of the 2 residential dwelling units (collectively. "Development Rights ") which are proposed to be transferred as descrfed In the Application. 3. As of the date of this Affidavit, the Development Rights have not been transferred to any other parson or entity. 4. As of the date of this Affidavit, the Development the Site or any other pmviously used or exercised by any person or entity parcel of land. 5. The Sales Center and Applicant have entered boo an agreement by which Applicant may acquire the Development Rights. Z00 2 XVd 6V : TT 20 /TO /TT NOV -01 -2005 10*42 SHERD$ BEACH RESORT rerw+cexwjP I . --- w- a. In the event the Appiketion is approved, a special wwmnty deed tr iWerring the Duvelopment Rigtft will be recorded in the Public Records of Pinellas County, Florida, prior to issuence of a building permit. FURTHER AFFIANT SAITH NOT. EV L SWORD To, subscribed and acknoVAadaed before me this October,, 2005, No Public Print name: My commission expires: 40118.109675 ��+► 0350M v1- $hDPh&f V8F atId2wk ro TDR J�N1Y P�i��i PHYLLIS M. MIR F o Notary Public Stattodde ' My Commission Expir 6 2009 Commission # D9 ""M o w bonded By NeUonal . -Z- f:001] _ M 6P:TT SO /TO /TT NOV- o1 -2ae5 10 42 SHARDS BEACH RESORT ,e- I - "Iww -- I ........ -. Parcel # 17- 29- 15- 05004 - 002.0050 Lot 5, Block B, SAYSIDE SUBDIVISION NO. 5, according to the Plat thereof, reoorded in Plat Book 38, Page 38 and 39, Public Records of Pinellas County, Florida. A JUN -18 -2009 11:08 MACFARLANE FERGUSON 727 442 8470 P.05 I #: 2005510055 BR: 14825 PG: 138047012 //222/2000055 at 09:2210AM,�RECORDING 2 PAG2g $18,50 D DOC STAMP COISECTION COUNTY, FL BY DEPUTY CLERK: CLEDM02 areoasrrsibX9n$J�Atul3� . i . Stephen G. Watts i `t. Attorney it Law Stephen G. Watts, X.A. 606 Druid Road East ., Clearwater, FL 33756 727461-3232 ti File Number. 04-069 Will Call No.: 495 Space Above 7hia line par Recording Data warranty Deed } :�, ` • Intern2tl nai' Inc, a This W4 iY� Deed made. this 21st day of November, 2005 between viervvpt►lnx Reait� Florida,toipgr�tion. whose post offies address. is 483 Mandalay Avenue, Suite 210, Clearwater, FL 33767, grantor, and Clem,[;, t% Wench Sales Center, tLC, a Florida Limited Liability Company whose post offict address is 20001 Gulf Bon et?ei�; S�itlte 5, Indian Shores, FL 33785, grant= �•• ce ineladr all the patties to ibis, iusm mmt dad the Wr% kol s� amasivra, and aasivu of. used hcein the [eons "v,7anter' and °get and the su"Mort Ind asalgm of ,Ogx=d=S' =U om mum) iV"esseth, that said grantor, for and in consideratioe of the sum of TEN AND N0 1100 DOLLARS (S10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt Whereof is he has granted, bargained, and sold to the $aid gramec, aaa grantee's heirs and assigns forever, the following described land, situate, lying and.bemg in ftellas County, Florida to-wit Lot 5, Black B, BAYSIiDE SUBDIVISION NO, 5, according to the plat thereof, recorded in Plat hook 38, Page 38 and 39, Public Records of Pinellas CottntY, Florida Parcel ldentifrcadon Number-, 17 -29- 35"05004- 002-0050 This is a corrective deed to correct the time of recording and order of recording and no consideration i is being patd. Together with all the tenements, itcreditaments and appurtertance9 Thereto belonging or is anywise appertaining.. ; To Have and to Hold, the same in fee simple forever- is the grantor hereby covenants With said grantee that the grantor is lawfully for hereby said erraats ih to to Wd grantor has good tight and lawful authority to sell and oonvey'said lead; tber the grantor hereby Y land and will :defeaui the awe against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, enecept taxes accruing subsexiuent to December 31, 2003. In Witness Whereof, grantor has hereunto set grantor's hand and seat the day and Year fast above written Uoubleinnwe R JUN-18 -2009 11 :08 MRCFARCANE FERGUSON 727 442 8470 P.06 . PINSILAS COUNTY FL OFF. REC. $lC 14825 PG 1385. Signed, sealed and delivered in ottr pts�nce: r Vi oint Rsalry Int tional, Inc., a Florida corporation ; • ; Wi c Name: • �� . Witness Name (Corpm*Te Seal) State of Courky,uPl'tl�ies The goirj$ instrument was acknowledged before me this � day of fV Ati� 005 by Roderick 1. Gillis, IIL prgsidct Vicwpoint Realty International, Inc., a Florida corporation, on behalf of the corporation He jrXj is personally khowp, to.ine or U bas produced a drivel's lkmo as identification. ,;,. • j No l� .. �, jary -Seal r Printed. 1Q1�q�m Lam^ can WW- IVIy Comnttsst lit $ I 2.1M I #: 2006094956 BK: 14989 PG. 1238, 03/15/2006 at 10:24 AM, -- CORDING 2 PAGES $18.50 'D DOC STAMP COLLECTION $1330.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM02 Prepared by and return to: Stephen G. Watts Attorney at Law Stephen G. Watts, P.A. 606 Druid Road Clearwater, FL 33756 727- 461 -3232 File Number: [Space Above This Line For Recording Data] Density Transfer Warranty Deed This Indenture?madE this day of :MkAdIA, 2006 between CLEARWATER BEACH SALES CENTER, LLC whose post office address is 20001 Gulf Boulevard, Suite 5, Indian Shores, FL 33785, grantor, and SHEPHARD'S BEACH CLUB, LLC .M*Q post office address is 619 S. Gulfview Boulevard, Clearwater, FL 33767, grantee: (Whenever_used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs,; legal`f presentatives, and assigns of individuals, and the successors and assigns of corporations, trustsa d' trustees) . triesseth, that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other g64d.,'and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby ;- ,dc06Wedged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever TWO UNITS OF DENSITY from the following described land, situate, lying and being in the City of Clearwater, County of Pinellas, State of Florida to -wit: Lot 5, Block B, BAYSIDE SUBDIVISION No. 5, according to the plat thereof as recorded in Plat Book 38, Page(s) 38 and 39, Public Records of Pinellas County, Florida To be used by the Grantee in connection with development to be constructed on the following described land, situate, lying and being in the City of Clearwater, County of Pinellas, State of Florida, to -wit: Lots 1 through 5, Block C, BAYSIDE SUBDIVISION No. 5, according to the plat thereof as recorded in Plat Book 38, Page 38, Public Records of Pinellas County, Florida In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written intending hereby to restrict, in perpetuity, the use of the property first described above. Signed, sealed and delivered in our presence: Witness-Name: t;�`._'1C 01 2008 ER BEACH SALES V. X — STF,PFj N J. PAGE, EXHIBIT Manager , LLC Seal) DoubleTime® PINELLAS COUNTY FL OFF. REC. 3K 14989 PG 1239 13' C' 61 2008 77" r A Warranty Deed- Page 2 DoubleTimel Witness Name: State of FLORIDA County of PINELLAS for The f ing instrument was acknowledged before me this day of March, 2006 by EVELYN PAGE, .00 who Lvj are personally known or [X] have produced a driver's s s entification. [Notary Seal] tary P blic %0 lot Stephen G Printed Nam Watts vUV14" Art, _ag. 25.2MS My Commissio Banded ?bra Expires: State of FLORIDA County of PINELLAS The fqrq , g , pli�ginstrument was acknowledged before me this �da of ar 2006 by STEPHEN J. PAGE, who ✓ is peridnAVknown or_ has produced a driver's license aside fic I Not PU c S PY?0i, tePhen c; Watts 1. . a s Printed N C [N6'L ry Seal] Aug. 25 Co missio Bcaded n= UWUV Co.. IMQ State of FLORIDA 0 'y 0 PINELLAS T:u /n i h ore going instrument was acknowledged before me this ay of March, 2006 by GEORGETTE GILLIS, who �ee is 0 11 ow personally y kn n or has produced a driver's licen a s ti cation. IP ary Pfiblic [Notary Seal] Stephen G. Watts Printed Nar9Q,'�jMC=n1isd=*DD1445n EXPIM 25. 2WG =- Tbru Commissior�gwi:Atlantk B=dingen-In, 13' C' 61 2008 77" r A Warranty Deed- Page 2 DoubleTimel 7/5/09 Mixed Use Calculation for 645 Bayway Blvd. A. Property is zoned Tourist District (maximum FAR =1.0; maximum density = 30 du /acre attached dwellings or 50 rooms /acre overnight accommodations) 1. Permitted FAR ...................................... ............................1.0 2. Building square footage of non - residential portion ...................x 2,330 sf 3. Lot area required to support non - residential use in the building ....= 2,330 sf 4. Lot area ............................. ......... ............................... 6,832 sf 5. Subtract the lot area required to support non - residential use in the building ( #A3) ................................. 2,330 sf 6. Lot area (sf) to calculate the maximum number of dwelling units ...= 4,502 sf 7. :Divide #A6 ............ ............................... ..........................4,502 sf 8. Land area in an acre ................... ... ..............................— 43,560 sf 9. Lot acreage ..................................... ..............................= 0.103 acres, 10. Multiply lot acreage ........................... ............................... 0.103 acres; 11. Maximum density .............................. ..............................x 30 du/acre 12. Maximum number of dwelling units permitted .............................= 3 OR 13. Multiply lot acreage .......................... .. .............................. 0.103 acres 14. Maximum density ........................... ..............................x 50 rooms /acre 15. Maximum number of hotel rooms permitted .............................= 5 rooms JUN =18 -2009 11:09 MRCFRRLRNE FERGUSON 727 442 8470 P.07 I #s 2005231191 BK: 14382 PG: 2306,`06/15/2005.at 11:18 A1+4i RECORDING 21 PAGES 1#, 00 1 91 S! 14 COLLECTION: $1750.00 INTANGIBLE TAX $1000:00 KEN BURKE, CLERK of COURT PINELLAS COUNTY, FL BY DEPUTY CLERX: CLKDMC9. IN., i PREPARED BY: s, `• PETER Z. SKOKOS, ESQ. i i NORTON, HAMMBRSL�E�Y, l O *.Z,asKOKOS, P.A. 18191v1AIN STREET, 5 "`i6�O SARASOTA, FL 34236 TITLE AGENCY °Q �R{DA,:l�bC.. 19535 CUL3: ,f BARD SUITE C INDIAN {QU 'S, R 33785 �.i Zi MORTGArF. AND SECURITY AGREEMENT. T- MS MORTGAGE AND SECURITY AGREEMENT ("Mortgage" ) is made os of the ofMay, 2005, by R CLEARWATER BEACH SALES .CENTER, LLC; a Florida limited liability company 20001 Gulf Boulevard, Suite 5, Indian Shores, FL 33785 ( "Moxtgagor'� to and in favor of SUNTRUST. BANK .401 E, Jackson Street, MC4102, Tampa, FL 33602 (`2Vlortgagee'� WITNESS]ETH: RE 1TAT1 ItiT OF FACT . Mortgagor, as borrower, is obligated to the Mortgagee pursuant to a Promissory Note in the principal amount of Five Hundred Thousand and Noll 00 Doll ($ ($500,000,00) of even date hereof (the `Note }. The Note and all present obl and tutttre. igations of Mortgagor or any :Obligor, if different' from the MOrtgagor, to Martgagce Of whatever. nature; liquidated or contingent, incurred in connection : with the Note and ibis Mortgage, as they may be modified or extended, are. herein called. the "Obligation." The term "Obligor" shall mean Mortgagor and any other person, corporation or entity now or hereafter becoming liable to the Mortgagee for all or part of the Obligation. . NOW,. THEREFORE, to' secure the payment. and performance of all covenmts and . conditions in the obligation and in this Mortgage. and in any and all other mstrumeats now or. hereafter evidencing or securing the Obligation, and in order to charge the properties, interests and rights. desenbed below with such payment .and performance and to se.*= additional advances, renewals and extensions of the Obligation and to induce Mortgagee to extend.credit to JUN -18 -2009 11:09 MACFARLANE FERGUSON 727 442 8470 P.Oe , PINELLA,c C0tit= FL OFF, REC. BK 14382 PG 2307 Obligor and for aid in consul ?Otton of the sain of Ten and l�l0/104 Dollars ($10.00), Mortgagor does hereby mortgage, self, p�edg� giant a security interest m, and assign to Mortgagee: 1,%E MORTGAGED PROPERTY (a) All of to land in the County of Pinellas, State of Florida, described on Exhibit "A", together with.alAt a jxnprovements now or. Inter erected on that land and all fixtures now or later attached to ,laa+d, together with all tenements, hereditaments, easements, crops, trees docks, piers, pi�l* at sups, oil, gas and minerals, rights, powers, privileges, immunities, riparian rightr,•i4jr ged lands and appurter►anoes now or later belonging. to or pertaining in any way to and the reversions, remainders and all right, tide, interest, homestead, right of dower; /s,�e estate, property, possession and claim whatsoever in law or equity of rut��roa o ri`f' ih and to such land unto Mortgagee in fee simple. All equipment, fixtures and other tangible and intangible personal property of all types,n6* or later affixed to or located on or used in connection with floe land described in p A) above and all property described on Exhibit `V hereto. All rents, issues, profits, leases, oil, gas and mineral deeds and leases, revernte, ilnts, proceeds, royalties, income and other benefits now or later. derived from the property h . A aa1d above which Mortgagor hereby assigns to Mortgagee; *&ribed in paragmp () �) . t provided, however; that permission is hereby given to Mortgagor, so long as no default has pecurred under this Mortgage, to collect, receive and use such benefits from the property as they become due and payable, but not in advance thereof. (d) Everything referred to in paragraphs (A), (B) and (C) above and all replacennents; proceeds and products of those assets and any additional property hereafter acquired by Mortgagor and subject to the lien of this Mortgage or any part of those properties is herein referred to as the "Mortgaged Property." It is the specific intention of the parties to this Mortgage that this Mortgage shall continue in full force attd effect until satisfied by a written satisfaction executed and delivered by Mortgagee to Mortgagor. The lien of this Mortgage shall continue to secure future Obligations, including advances or other extensions of credit to Obligor or Mortgagor, notwi thstanding that there may be no present outstanding balance of the Obligation or the Obligation may have been reduced to zero, whether udder a revolving credit arrangement or otherwise, it being the intent of . this Mortgage to secure mamdatory and Optional future advances and other extensions of credit MORTGAGOR COVENANTS AND AGREES WITH MORTGAGEE AS FOLLOWS- 1. om once with Mbl mmm.. W f Titl . Mortgagor shall comply with all provisions of the.Obligation, this Mortgage and of every _other instrument evidencing or securing the Obligation whether or cant the Obligation is enforceable against the Obligor, if different from Mortgagor, and will promptly pay to Mortgagee the principal with interest thereon and all other, slims required to be paid by Mortgagor or Obligor, if different from Mortgagor, under the Obligation:and pursuaut to the provisions of this Mortgage and of every other instrument evideAciug or securing the Obligation. Mortgagor hereby warrants to Mortgagee, and shall continue to warrant to Mortgagee 50 long as this Mortgage is in effect that JUN-18 -2009 1109 MACFARLANE FERGUSON 727 442 8470 P.09 PINELLAS COUP FL. OFF REC. 3K 14382 PG 2308 r g in fee .Sun le, (as to the real (i} mortgagor is indeasib se! bd of the Mortgaged Property P property} subject only to mt�arsoted as exceptions to title to. be: contained in the auprtgagee title insurance polio to nod. by Title Agency of Florida, Inc., through Common Wealth y � �' and Title Insurance Cot�v pursuant to Comm�itrnent Order No. 41265808CA ("Permitted Encumbrances"), (ii) the Mortgage lien and security interests created by this Mortgage are first Bens and security inte�.on the Mortgaged Property, superior to all other liens or security interests on the Mortgaged Property except Permitted Encumbrances, (iii) Mortgagor has the full power and authorSgi�d has obtained all necessary consents and, approvals execute and deliver .this Moggago -and carry out the terms hereof, (iv) this Mortgage is valid and enforceable accordarace°OPt his terms, (v) Mortgagor shall protect and defend the Mortgage liens and t the claims of all other parties,'and security intetti� Q' ated hereby in favor of M rtgagee against (vi) no pa�. - ,f6rtgaged Property is homestead property of any person named as Mortgagor• �` y 'fiw;aF. Liens. w ' (a) Mortgagor shall pay promptly, When due, and shall promptly, deliver to Mgrigabe receipts'tberefor, all taxes, assessments, .rates, dues, charges, fees, impositions, 048ations and encumbrances of every kind "wh�atsoEVer now or hereafter imposed levied or as,sessea upon or against the .Mortgaged Property or any part thereof, or upon or against this ~ � e or the indebtedness or other sums secured hereby, or upon. or against the interest of ,., I ortgag `Ipitgagee in .the Mortgaged Property, as well as . all income. taxes, assessments and other overnmental charge M s levied or imposed by any taxing authority upon or against Mortgagor, the a which, if unpaid, would become a lien or •�_ortgaged Property or any pact thereof and any Charge charge upon t0 Mortgaged Property (b) Mortgagor. shall not" permit any mortgage, mechanics', laborer's, materialmen's, statutory or other lien to be created or to remain alien upon any of the Mortgaged Property except Perrttitted Encumbrances• To the extent any such lien or encumbrance attaches to the Mortgaged . Property, Mortgagor shall have .thirty (30). days from the date Mortgagor acquires knowledge of such lien or encumbrance to remove the same.. (c) In the event of any default under any of the Loan Documents, Mortpgee may, at its option, require Mortgagor to deposit with Mortgagee on the first day of each month, in addition to. making any required payments of principal and interest under the Obligation, an amount equal to one = twelfth (1/12) of the yearly taxes and assessments as , estimated . by . Mortgagee to be sufficient to enable Mortgagee to pay at least thirty (30) days before they become due all taxes, assessments and other Similar charges against the Mortgaged Property or ariy part thereof: Such 4 asits shall not be. nor be deemed to be, trust funds,,, nu;y be commingled with the general finds of Mortgagee, and no interest shall be payale in respect thereof Upon demand by Mortgagee,, MOrtgagor shall deliver. to Mortgagee such additional monies as are required, to..pay such taxes, assessments and .similaz charges . In the event of a . default under any of the terms, covenants and conditions in the Obligation, this Mortgage or any other instrument securing the Obligation, Mortgagee may apply soeh deposits to $tcreduction of the sums secured hereby. 3 r , JUN -18 -2009 11 :09 MACFARLANE FERGUSON 727 442 8470 P.10 PINELLAS COUNry FL OFF.. RgC. &{ 14382 PG 2309 3. Insttratice, j', q .; l t�.� (a} Mgffg�a /shall keep any improvements on the Mortgaged Property and all personalty which is � ged Property insured under standard fire and extended coverage policies for the full replacement value of the Mortgaged Properly and for such other amounts, against such other ri*s And upon such terms and for such periods as Mortgagee: may require from time to time. `l�k rf gor shall pay promptly, when due, any premiums on such insurance. All insurance with companies approved by Mortgagee and the policy. and .... renewals ther she) to held by Mortgagee and shall contain New York standard mortgagee clauses and al f subrogation in favor of and in formeptable to Mortgagee. In the event of loss; .Moq "1'shall give immediate notice by mail to Mortgagee. and Mortgagee may make Proof of loss , tlgt made promptly by Mortgagor. Each insurance copany concerned is hereby authorize&�;aridiirected to wake payments for such loss directly to Mortgagee instead,ofeit6er to Mortgagor >'& Mortgagor and Mortgagee jointly. insurance proceeds or any part thereof maybe a ppl;e,;,fiy.`Mortgagec at its option, after deducting therefrom all of its expenses including attori , J fees, either to the reduction of the. amounts due on the Obligation or repair of the prgpgrty damaged. Mortgagee is hereby authorized, at its option, to settle and compromise any cl� ;awards, damages, rights of action and proceeds, and any other payment or rtilief .under idy4nsurance policy. In the event of foreclosure of this Mortgage or other transfer of title to the ., 'r�t$gaged property in extinguishment of the Obligation secured hereby, all right, title and `�mtcrest of Mortgagor in and to any insurance policies then in force shell pass to the purchaser or ' gl-antee. (b) in the event of any default .under any of the Loan Documents, Mortgagee may, at its option, require Mortgagor to deposit with Mortgagee ort a monthly basis, in addition to payments of principal and interest, an amount equal to one- twelfth (1/12) of the yearly premiums for all insurance. Such deposits shall not be trust funds, but may commingled with . the general funds of Mortgagee, and no interest shall be payable in respect thereof. Upon demand by Mortgagee, Mortgagor shall deliver to Mortgagee such additional monies necessary to pay such premiums when due: In the event of default under any of the terms, covenants and conditions in-the Obligation, this Mortgage or any other iusttummt evidencing or securing the Obligation, Mortgagee may I apply to the reduction of the sums secured hereby, in such mammer as Mortgagee shall determine, any amount under this paragraph remaining to Mortgagor's. credit anal any return premium received from cancellation of any insurance policy by Mortgagee upon foreclosure of this Mortgage. 1 All insurance to be provided by Borrower pursuant to this Agreement shall be with insurance companies having a Best Rating of A or A +. All policies shall .name.S=Trust Bank, its successors and/or assigns, c/o Matthew W. Boyd, First Vice President, 401 E. Jackson St., MC4102, Tampa, Florida 33602. as Loss Payee under such policies. At least thirty (30) days prior to the expiration date of all policies; renewals thereof satisfactory to Mortgagee shall be delivered to Mortgagee. Mortgagor shall deliver to Mortgagee receipts evidencing payment of all. premiums on such insurance policies and renewals. 4. Conderrrnatlon. If the Mortgaged Property or any part thereof shall be damaged or taken through condemnation (which term shall' include any', damage or. taking by arty governmental. authority or any other authority authorized by the laws of the State of Florida or 4 JUN-18 -2009 11 :09 MACFARLRNE FERGUSON 727 442 8470 P.11 PIMLLAS COUNTY FL OFF- REC. W 14382 PG 2310 tit , the United States of Ameri9a;,��'so� damage or take, and any transfer by private sale in• lieu thereofj, either temporarily ear �ianently, the on ire Obligation and other stuns secured hereby ` ' become immediately due and payable:. lViortgagee shall be shall, at the option of M� so of, or on entitled to all compensajk,, ,i cards, damages, claims, rights of action and proceeds account of any damage or tak g through condemnation and. is hereby authorized, at its option, to . commence, appear ip -apd,-pro secute, in its own or Mortgagor's mne, any action or proceeding relating to any coed& --- �tfon, and to settle or compromise any claim in Connection therewith . All such compen t"' ;wards, daanages, claims, rights of action and proceeds, and any other Payments or rel�b&' . , the right thereto, are .hereby assigned by Mortgagor to Mortgagee and Mortgagee r rezi.de ctrng therefrom all its expenses including attorneys' fees may release to Mnrtgago;Y;ies so received by it without affecting the lien of this Mortgage or may apply the same, manner as Mortgagee shall determine, to the reduction of the sums secured a grit charge provided in the Obligation, this Mortgage or any other hereby aTl&, -tq� any prep ym if �vioencing or securing Obligation. any balance of such monies then remaining insixumdr Shall be?,pai to Mortgagor. Mortgagor. agrees t0 execute such further assigmncnts of any compensation, awards, damages; claims, rights of action and proceeds as Mortgagee may ! C : - -�p r Shall not cut or remove any material � �• are of Mort aea a �. Mortgage crzulolit►t of timber, sever, remove or grant any rights in any ail, gas, minerals, lirrterack, f '`,&0' prate, soil or other materials or remove or demolish any building or other property forming `,a dart of the.Mortgaged Property without the prior written consent of Mortgagee in Mortgagee's so[e discretion. Mortgagor shall not permit, commit or suffer any waste, impairment or deterioration of the Mortgaged Property or any part thereo& and shall keep .the same and improvements thereon in good condition and repair. Mortgagor shall notify Mortgagee in writing within five (5) days of any material damage or impairment of the Mortgaged Property, Mortgagor shall comply with all laws and regulations applicable to the Mortgaged Property,. including, without limitation, all zonin& environmental, land use and toxic or hazardous waste disposal laws, building ,codes, restrictions, rules and regulations, foreseen and unforeseen. Mortgagee may, at Mortgagee's discretion, have the Mortgaged property inspected at any time and Mortgagor shall pay all costs incurred by: Mortgagee in executing: snob inspection. Mortgagor will not take any action which will increase the risk of fire or other hazard to the Mortgaged Property or any part thereof,. Except as otherwise provided in this Mortgage, no fixture, personal property or other part of the Mortgaged Property shall be removed, demolished, or altered without the prior written consent of the Mortgagee, other than. ittrms which may become warn -out; undesirable, or obsolete. and provided that they are replaced immediately with similar items of at least equal value which shall, without further action, become subject to the . Lien of this Mortgage, Mortgagor will properly, repair, restore, replace or rebuild any part of the Mortgaged Property now or hereafter subject to the lien of this Mortgage which may be damaged or destroyed by any casualty whatsoever or which may be affected by any proceeding concerning eondercutation or eminent domain.. Mortgages may y enter upon and inspect the. Mortgaged Property at any reasonable time during the life of-this Mortgage. 6. Nlo..94 egg a Ri0t to ake Can PaYM.ents- In the event Mortgagor, thils to complete any irnprovemeuts to the Mortgaged. Property, pay or discharge the taxes, assee=OM, levies, liabilities, obligations (including obligations under any Ieases) or encumbrances affecting the Mortgaged Property, or: fails to keep the Mortgaged Property insured or. to deliver the JUN -18 -2009 11:10 MRCFARLANE FERGUSON PINELLA S COUN TY FL OFF. FEC . BK 14382 PG 2311 4 { 727 4428470 P.12 `4 policies, p P ,'o � the Mortgaged Property as herein Wes' or fails to premiums aid, or make any paym t required id' any other mortgage or security agreement relating to the Mortgaged Property (whe�� 'not the existence of such mortgage or secuntY: agr eat is permitted by this Martga�es)�- fails to take any actions reasonably necessary to pr�we the value of the Mortgaged Ptop'erty, or Mortgagor or Obligor otherwise defaults in any covenant herein or other docVmenpjjvidencing or securing the Obligation, Mortgagee may at its option, without waiving or.e g'any default by Mortgagor or Obligor, expend funds to complete such improvements, P4V or the taxes, assessments, levies, liabilities, and,pay off or care any default under, �,b�i ons and encumbrances or. any part thereof, procure such action to presery the value of the insurance or mall aci JUN -18 -2609 11:10 MRCFARLRNE FERGUSON ' 727 442.8470 P.13 PII;ELLAS COUNTY VL OFF. nc.• BK 14382 PG 2312 statements, instruments of�as`stn�ance, certificates and other documents as Mortgagee tray consider. necessary or .des' ` 1� order to effectuate, complete, perfect or to continue and i or(a or under the Obligation and this Mortgage and all other preserve the oaiigationsI I . $ g as aparamount instruments evidencing oT u�ng the Obligation, and the lien of this Mortgage on uny . . first lien (except for PermtttEti Encumbrances) upon. all the Mortgaged Property- UP On failure by Mortgagor to d�so, Mortgagee maymake, execute, record, le, re- record or reitle any and all such mortgages, - ms ents, certificates and documents for and in the Warne of Mortgagor. Mort0q,6� ,emby irrevocably appoints Mortgagee as agent and attorney -in -fact of Mortgagor to do'a�ru►gs necessary to effectuate or assure compliance with this Mortgage. r� 10. t "• o� fit- Any one of the following shall constitute an evcnt of default ; Failure. by. Mortgagor or Obligor to pay on or before ten (10) dgys from the date('oflt!lottgagee's written notice, any principal or interest due under the Obligation, or failure`WW4ortgagor or Obligor to pay on or before the date when due, without notice, any dspogit�'for taxes and assessments or insurance premittttns due hereunder, or any other sums to be Obligor, if different from Mortgagor, hereunder or other instrument paid 6�Mongagor or ev d tAg or securing the Obligation. (b) Failure by Mortgagor or Obligor, if different from Mortgagor, to duly ; .deep, perform and observe any other covenant, condition or agreement in the Obligation, this Wrtgage or other instrument now. or hereafter evidencing or securing the Obligation or any .,F instrument callateral to the Obligadon or n now or hereafter executed in connection aQitti the. sours secured hereby for a period of thirty (30) days after. Mortgagee gives written notice to Mortgagor or Obligor, if different than Mortgagor, specifying the breach. (c) If any Mortgagor or Obligor, if different from Mortgagor, or any ;ttarantor or endorser of the Obligation: (1) files a voluntary petition in bankruptcy, or Fi) files.any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, read ustment, liquidation; dissolution or. `similar relief for itself . under any law relating to bankruptcy, insolvency or other relief for debtors, or (iii) seeks or consents to or acquiesces in the appointment of any trustee, receiver, master or liquidator of itself or of all or any substantial part of the. Mortgaged or of any or all of the rents, revenues, issues; earnings,. profits .or gab � . income thereof, or (iv) 'arty such trustee, liquidator, receiver or master is appointed, or a bankruptcy or other insolvency proceeduig is brought against any such person without the prior . written consent of Mortgagee, which.appointment or proceading shall remain wivacated and unstayed for an aggregate of sixty (60) days whether or not consecutive. (d) Any breach of any warraaty or material untruth of any representation :Of Mortgagor or Obligor, if different from Mortgagor, or any guarantor or endorser of the Obligation, contained in the Obligation, dais. Mortgage or, other instrument evidencing, securing or'given in connection with the Obligation, (e} Any. de%ult .under any instrument guaranteeing or etmomiug the Obligation or under any other mortgage or security agreement encumbering all or any part of the Mortgaged Property whether prior to or jimior to.th is Mortgage and whether or not the existence of such hen is permitted hereby, if such default continues in effect for more than thirty (30) days after written notice thereof to the Mortgagor, provided that no notice and grace period shall be 7 JUN -18 -2009 11'10 MACFARLANE FERGUSON 727 442 8470 P.14 pINF,LLAS cot7M FIB OFF. FtEC, . BK 14382 pG 2313 1 y gaged p is taken. required to be given i#' any aP�n- �a'foreclose or sell an Mort Property � ' `,; ortgage, the Obligation or any instrument evidencing, securing, endorsing or guarante�ilkbiigation shall be invalid or unenforceable in whole or material part or any guarantor, ehdorser or debtor. under an instrument securing the Obligation .shall terminate or repudiaSe�'its�Qbligations. � y default by Mortgagor or any .other Obligor, or any guarantor or endorser of the,Q ''gation, with respect to any obligations now or hereafter owed by such person to Mortgagee pc� ,Aieh person to any other creditor_ In addition, any default by any of the atbrementio0s t ties on any indebtedness owed by such entities to Mortgagee shall be a default unk"t', ortgage. l'l',✓ . t Acceleration If an. event of default shall have occurred, Mortgagee may declare the out tandilrg principal amount of the Obligation and the interest accrued thereon, and all other / . sums. sequred hereby, to be due and payable immediately. Upon such declaration all principal ant it 'st and other sums shall itninediately be due and payable without demand or notice. If artytpar of the Obligation is payable on demand, nothing herein shall be deemed to limit the. 60 ethe holder of such Obligation to demand payment. ernedics After Defaldt. Upon an event.of default, Mortgagee may proceed by ( � ti siLi or suits at law or in equity or by any other appropriate proceeding or remedy to take any one oi• more of the following actions', (a) enforce payment of the. Obligation or the performance of `." right; (b) foreclose this Mortgage and sell, as an entirety or in any term hereof or any other si , separate lots or parcels,; the Mortgaged Property under the judgment or decree of a court or courts of competent jurisdiction; (c) collect and, at its option, apply to the Obligation, all resits, issues, profits, accounts, proceeds, revenue, income and other benefits from the Mortgaged . property,, (d) appoint or obtain the appointment of a receiver to enter upon and take possession of the Mortgaged Properly and to collect all rents, issues, profits, revenue, accounts, proceeds, income and other benefits thereof and apply the same as a court may direct, and such receiver shall have all rights and powers penmitted under law; and (e) pursue any other remedy available to it including, but not limited to, all remedies available under the Uniform Commercial Code as in effect from time ° to time in Florida ("UCC'I, taking possession of the. Mortgagedperty without notice to Mortgagor or hearing thereon, and disposing of personal .property without foreclosure as permitted by applicable law. Mortgagee shall take action either by arch proceedings or by the exercise of its power with respect to entry or taking possession, or both, as Mortgagee may determine, and Mortgagor irrevocably appoints Mortgagee as its attorney -in-fact to take any such actions and to deliver deeds, bills of sale and other instruments of conveyance relating to ally Mortgaged Property as maybe permitted by law. The Mortgagee is hereby irrevocably appointed attorney- m-fact fur the Mortgagor with the power to endorse or transfer on behalf of the Mortgagor any checks or other irrWurneits received as proceeds, profits, rents or revenues from the Mortgaged Property... 13.. o Waiver.. No delay or omission of Mortgagee . or of any holder of the Obligation to exercise any right; power or remedy accruing upon any event of default s11211 exhaust or impair any such 4ight, power or remedy or shall be construed to waive any event of default or to constitute. aequieseencetberein_• JUN -18 -2009 11:10 MRCFARLANE FERGUSON 727 442 8470 P.15 pINELLAS COUNTY FL OFF. REC. BK 14382 PG 2314 ;s 14. Non -E clusi edits. N right, power or,mmedy conferred upon or reserved to Mortgagee by the ,Ohl. ;plo; dais Mortgage or any other instrument now . or hereafter evidencing or securing ta+.ion is exclusive of any other right, powerr or remedy, but each and every such right, pp%ejr d remedy shall be cumulative and concurrent and. shall be in addition to any other right; -power and remedy given hereunder or under the Obligation or any other instrument evidenoing or securing .the .Obligation, now or hereafter existing at law,_ in equity or by statute. 'W 6fion taken by Mortgagee shall be deemed an election of remedies. 1S, Su ` and I AssiE2s Bound_ Whenever one of the parties hereto is named or referred to hpii�, . e heirs; successors and assigns of such party shall be included and all covenants `a0eemeuts contained in this Mortgage, by or on behalf of Mortgagor or lvlortgagee;�g kind and inure to the benefit of their respective heirs, successors and assigns, whether c it'EL fa exli essed. ` SWArgg Provisiotis.. In the event that any of the covenants, agreements, terms or. provi; iQs contained in the Obligation, this Mortgage or any other, instrument securing the Obifgalgtt shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, .agreements, terr is and provisions contained herein and. in the Obligation and any 6tlter` i stncment securing the Obligation shall be in no way affected, prejudiced or disturbed i•'tiiL�reby. ; 17. AttomeYs' Fees. The term "attorneys' fees" as. used in this Mortgage. includes ;qty and all reasonable legal foes paid or. incurred by Mortgagee of whatever nature and whether or not incurred at or before.trial, on appeal, ju bankruptcy proceedings or administrative. actions. Attorneys' fees shall include but not be,limited to fees paid by Mortgagee in connection with the preparation or interpretation of. any Loan Document or oounseling or advising Mortgagee as to the relative rights,. remedies, or obligations of the parties thereunder or in connection with any threat, pending or completed action, proceeding or dispute in which Mortgagee, is or might be made a party or appears as a, party plaintiff or a patty defendant and which of ect$ or, might affect the Note, this Mortgagee or .any other instrument securing the Note or the Mortgaged Property, or any part thereof, or the interests of Mortgagor or Mortgagee.therein, including but not limited to, the Foreclosure of this Mortgage, condemnation involving all or apart of the Mortgaged Property . or. any. action to protect the. security hereon including all appellate proceedings in connection with or arising out of any of the foregoing. I$. Future :Advwwes: This Mortgage is. given to secure not only the existing Obligation, but also such future advances made pursuant to this Mortgage,. the Obligation, any notes representing any portion of the Obligation, any loan agreement or other instnunent evidencing or securing the Obligation or as requested by the Mortgagor or any Obligor, whether such advances are obligatory or are to be made at the option of Mortgagee, or otherwise, as are .. made within twenty {20) }rears from the date hereof, either to the Mortgagor onto any.Dbligor, to the same extent as if such future advances were made on the date of the execution► of this Mortgage. The total amount of indebtedness that may be so secured may decrease or increase from time to tierce, but the total unpaid balance so secured at one time shall. not exceed Two. Hundred percent (200 %0) of the principal amount of the..Note plus interest thereM and any disbursements made for the payment of taxes, levies or insurance on the Mortgaged P ropetty, with interest on such disbursements at the Default Rate. as hereinafter defined. 9 . JUN -18 -2009 11:10 MACFARLANE FERGUSON pTNEI,LAS GoMM FL OFF. FMC. SK 14382 PG 2315 727 442 6470 P.16 lg. O li anon of o or. Mortgagor shall pay the cost of releasing or satisfjnng this Mortgage of record. �,;, 20. No ale, •ien or Other Trainer. It is understood and agreed by Mortgagor . that as part of the inducebmt to Mortgagee to make the atension of credit evidenced by the Obligation; Mor#gape�h, considered and relied on the reliability of Mortgagor and the fact that there are no other h6s d�,ihe Mortgaged Property except Pemutted Encumbrances. Mortgagor to direct] or indirectly sell, convey, transfer, lease, fiuther encumber covenants and agr ncc Y _ �g pay without the or or otherwise dispose of any interest in or any part of the Mortgaged Pm prior written consen:6rt$a$er to be given or withheld in Mortgagee's sole discretion, and any such sale, eery ye, transfer, lease or encumbrance made without Mortgagee's prior written consent sho -l$� did, If any person should obtain an interest in all or any part of the Mortgaged Property, an�mmmer including but not I limited to the execution or enforcement of any lien, security4nteresr 4r Other rtgllt, whether superior, equal or subordinate to this Mortgage or the lien hereof; ,glitch'; event shall be deemed to be a transfer by Mortgagor and an event of default heretiisc%, �f Mortgagor is other than an individual, any direct or indirect sale, assignment, ple�Cl ; `:rainsfer, grant of a security interest in or other disposition of more than 5% of the legal 01, pi interests (which percentage shall be calculated, at Mortgagee's option, based upon value; •noting interests, capital or income interests) in the Mortgagor after the date of this <.I gaage shall constitute a transfer of.the Mortgaged Property to violation of this .. section, '',T'ransfer or other disposition by merger, consolidation or operation of law (other than transfers . ,upon death) shal be considered "transfers" within the meaning of this Paragraph 20, The ,. I,;ovisions of this section shall be in addition to and not in.lieu of any provisions in any other insmcment relating to the Obligation restricting change of control of Mortgagor or transfer may Mortgaged Property.. No transfer of any legal or equitable interest in the Mortgagor may be made without the prior written notification to Mortgagee- 21. Re_ lei. Mortgagee may, at its sole discretion, but shall not be,required.to, release .ail . or. any portion of the Mortgaged Property on such terns and conditions as it deems acceptable and any person having an interest in the Mortgaged Property takes such interest subject to such discretionary releases. 22. pefault_gaw. The Default Irate shall be twenty -five (25%) per annUm 23. Iy'o Release, Mortgagor agrees that the Obligation and any other document or instrument evidencing, guaranteeing or securing the Obligation may. be amended,. restated, renewed, extended, increased, decreased or otherwise changed by the parties thereto without.the consent of the Mortgagor (if different from the Obligor) and any such changes, or the release or modification of any security for or guaranty or endorsement of the Obligation; or any forbearance, indulgence, delay or .waiver in enforcing the Obligation. or any Wtrutuent evidencing, securing or guaranteeing the Obligation, or. any other action, delay or omission of Mortgagee or other person in connection with the Obligation, any such instruments or this Mortgage shall not. in any way' diminish. the obligations of Mortgagor or the lens granted hereunder. Neither the bankruptcy of the .Obligor . or any guarantor nor any discharge of~ or defense against payment of 'the Obligation (except the defense of payment in fink) shall affect the lien of this Mortgage or the rights of the: Mortgagee. The Mortgagor waives preseatmcnt, protest,. notice of protest and notice of dishonor and any and all other notices and requirements otherwise necessary to bind the Mortgagor. 10 r JUN -18 -2009 11:11 MACFARLANE FERGUSON 727 442 8470 P.17 PINET"S n� COUNTY FL OFF, MC_ BK 14362 PG 2316 24. U_ surY. Not st ins anythinS. contained in this . instrument or in any other . ` r sec the.Obligation to the. contrary, in no event will the instrument evidencing, desc -R6 ug;o 8 interest due hereunder o� u[�d 'd2e Obligation exceed the maximum amount allowed . by law from time to time while apypai't of the indebtedness or Obligation secured hereby is outstanding, and in the event any amounr'tn. excess of the lawful maximum is charged by the Mortgagee or paid by the Nlortgagpr�orpbligor, Mortgagor or Obligor shall be entity to an immediate refund Of the amount of auch,eic�ess together with interest on such excess amount from the date paid y until reimbursed f e rgaximvm lawful rate in effect at the time of the overcharge. 25. -•e cf s Time shall be of the me . nee in the performance of the ii o- tgagor's ti a hereunder. t1 2(y, rornt and Several Ohliaati� If,more than one person is named as Mortgagor, the obli 3 ; agreements and *epresentations herein s matt" hall be joint and several. Any whrehds• event of default. with respect to Mortgagor or Obligor shall be an event of default if it '�•� r or Obligor- Occurs iv{threspect to any person named as Mortgagor g ~' I>m is subject to other dry- Clrher ncumbt'snces. If the. Mortgaged perry enal lm- biances, Mortgagor shall not permit such encumbrances to secure more than the amount (•• presently so secured reduced. from time to time by any presently scheduled reductions in the ,.• . principal amount so secured from time to time to be •- amflunt secured. and will not permit the princip ve imrnediaie ,jhr leased through . additional advances or otherwise: he Mortgagor shall gi ` lelephonic and written notice to Mortgagee of any breach or default under any such instruments. evidencing such other encumbrances. The Mortgagor. shall not permit the extension; amendment or other modification of such other encumbrances without the prior written consent of the Mortgagee. Upon the occurrence of a default under such encumbrance, Mortgagee may, but shall not be required to C.M. such default, saWy'such encumbrance or obtain release of all or any of the Mortgaged Property from such encumbrance and any funds spent by Mortgagee in so doing shall be. considered fiAire advances secured by this Mortgage Any such paym its shall not be deemed to Cure any default hereunder•. 28. Notices - Any notice or election required or permitted. to be given or serves by any party hereto upon any other party shall be deemed given or served in accordance with the provisions of this Mortgage. when delivered or mailed as follows: Notices shall personally delivered- or mailed by United. States registered or certified trail, return �?pt ' postage pre -paid or delivered to a courier who guarantees overnight delivery, properly addressed as follows: JUN -18 -2009 11;11 MACFARLANE FERGUSON 727 442 8470 P.18 PINEL,LAS COUNTY FY, OFD`. REC.. BFI 14382 PG 2317 H mmesley, Lopez & Skokos, P.A. With. Norton, Attention: Peter Z, Skokos, Esq. �• —� 1819 Main Street, Suite 610 Sarasota, FL 34236 ` Phone: (941) 954 -4691 •4 Telecopy: (941) 9542128 To �r ver:. Clearwater Beach Sales Cemer, LLC 20001 Gulf Boulevard, Suite 5 .`" :v' Indian Shores, FL 33785 Attention: Evelyn Page, Manager . . •, �`' Phone: ( ) Telecop)r ') hL copies to: Kenneth G. Arsenault, Jr., Esq. Attention:: Arsenault & Reardon, P.A. 10225 Ulmerton Road, Suite 2 Largo, FL 33771 Phone: (727) 584-1199 Telecopy: (727) 5WI071 -Each such notice or communication. shall be deemed to .have been given to or served upon the party to which addressed on the date the same is delivered if personally delivered, of on the day after it is deposited with a courier service guaranteeing overnight delivery or'two (2). days after . deposited in United States registered or certified mail, return receipt requested, postage prepaid, properly addressed in the manner above provided. Each such delivered notice or comtxtankation shall be deemed to have been given to or served upon the purtyto Whom delivered upon delivery thereof in the mariner above provided. Any party hereto may change its address for the service of notice hereunder by •delivering written notice of said change to the other parties hereunder in I the manner provided above ten (10) days prior to the effective date of said change. 29,. aces Ens cuts Res 'etions. Mortgagor agrees not to enter into any lease (including any oil, gas or mineral deed or lease) of any portion of the Mortgaged Property; or grant any easements or u pose any covenants or restrictions :affecting the Mortgaged Property unless such lease, easement or restriction is first approved in writing by the Mortgagee. All leases of the Mortgaged..Property shall contain an, express clause satisfactory to the Mortgagee subordinating the interest of the lessee to this Mortgageand agreeing that, at the election of the Mortgagee, such lessee will attorn to the Mortgagee or other person acquiri ng Mortgagor's title by foreclosure or otherwise, notwithstanding such subordination. The Mortgagor . shall perform all its. obligations.as and when due under any leases of the Mortgaged Property and agrees not to modify or agree to the.tennination of any_seich lease or any guaranty, Or security therefor, accept mort than one month's advance rent under any such. or waive any materia1right under any such lease or any .guaranty or security therefor (whether or not given the option to consent to such waiver in. the lease or guaranty), without the express written consent of the Mortgagee. The Mortgagor . shall not amend or terminate, or waive any rights under, any easements, restrictions or covenants affecting the Mortgaged Property without the express written consent of the 12 JUN -18 -2009 11:11 MACFARLANE FERGUSON PINELLhs COUM FL OF'F. RzC: EK 14382 PG 2318 727 442 8470 P.19 /1 �1 y . Mortgagee The Moitgageeasliby granted the irrevocable right for itself or for Mortgagor to take any action required of 34oFttOgor, as lessor, by any lease if the Mortgagor should fail to do f + ' in -fact for such purposes. Any. so and is irrevocably. app_ 'Was the. Mortgagor's attorney amounts expended by N16r 'cc in fulfilling the Mortgagor's obligations shall bear interest at the Default hate specified Ji ein and shall be secured by this Mortgage - 1- This Mortgage is intended to be a "security agreement" as 30. ccu deftned in Article �$ e l UCC as amended from time to'time and the Mortgagor and Mortgagee are •`debtor" an "§ems: d pates' respectively, as such terms are defined in Article 9. of the UCC. In addition to iZ�4,hts granted herein, the Mortgagee shall have a security interest in, and the right.to set o{f afl} money, deposits, securities or other assets of any Mortgagor now or hereafter in the F,oSS ss�i�A or centre! o.f Mortgagee or its agents or correspondents for whatever reason or purpose,Ji 4ud ng iterns in the process of collection. The Mortgagor, as Debtor,. authorizes Mortgagga, Las Secured Party, to file a Financing Statement describing the collateral without the signatu i *_ Mortgagor being required. Pricial O _ce. The chief executive office (or principal residence address if � ZAgA$br is an individual) of Mortgagor is at the address set forth in Section 28. Mortgagor u�ve at feast thirty {30) days' prior written notice to Mortgagee prior to moving its chief e�teckitive office or residence address Mortgagor. represents that its State of organization is the ,'tt e of Florida and that the exact legal frame of the Borrower is that set forth under the � )6e union of Mortgagor ott,the first page of the Mortgage. 32. Powers. All powers of attorney and other rights granted to Mortgagee herein are coupled with an interest and are irrevocable. 33_ Con - cents. Unless otherwise specified, any approvals or consents of the Mortgagee required herein may be given or withheld in the discretion of the Mortgagee. 34. AAppta sals. In the event the Mortgagor is in default under any of the terms and provisions of the Loan Documents or in the event that Mortgagee reasonably believes that the value of the Mortgaged Property is less than the value as of the date the Loan was made, then, Mortgagee may obtain an ated appraisal of the Property at Mortgagor's expense. upd 35: Environmental Condition of - Ind cation (a) Mortgagor warrants and represents to Mortgagee after thosougb investigation that: W The Mortgaged Property descnbed herein is now and at all times hereafter will continue to be. in full compliance with all federal, state and local environmental laws and regulations (collectively, &'Environmental`Laws -), including, but not limited to, the Comprehemive Environmental Response, Compensation and Liability Act of 19$0 . ( CERCLA "), Public Law No 96 =510, 94 Stat, 2767, 42 U.S.C. §§ 9601, et seq., the Superf ind Amendments' and Re -auth. orization Act of 1986 ( "SARA') , Public Law No. 99 -499, 300 Stet 1613, the Resource Conservation and Recovery Act of 1976, the Florida Resource Recovery and Management Act, as they have been amended to date, or any other applicable federal, state or local laws or ordinances relating to the environment; 13 JUN -18 -2009 11:11 MACFARLANE FERGUSON 727 442 8470 P.20 PINELLAS COUNTY FL OFF. REC. BK 14362 PG 2319 ,t i 1 . ;nw,- YSortgag or has received no notice from any governmental entity of the existenee.or sulk or alleged existence of any violation of any Environmental Law; and `--�.A) There are no hazardous or toxic materials, substances, wastes ; or other envumnmerp"Y/rFgulated substances, including, without limitation, oil, petroleum or chemical liquids, solids br/gaseous products or any materials containing asbestos, the presence of which is Iitnited, g�y� or prohibited by any state, federal or local governmental authority or agency haying jWI,4 i�hon in the premises, or which are otherwise known to pose a hazard to health or safcty'�ok%ctively, "Hazardous Materials"'),, located on, in or under the Mortgaged Property orsedxui connection therewith, or (B) Mortgagor has fully. diselosed.to Mortgagee in writing the`�rice, extent and nature of any such Hazardous Materials, which Mortgagor is . legally ap �'ed and empowered to maintain on, in or under the Mortgaged Property or use in cornecliori' ,therewith, and iVlortgagor has obtained and will maintain all licenses, p�ssits and xppro,•i ;�x th respect thereto, and is in full compliance with all of the tei*ns; conditions and requi -bets of such license`, permits and approvals. of an change (b} Mortgagor covenants that it will promptly notify Mortgagee y hang �fA`k,e• nature or extent of any Hazardous Materials existing on, in or under the Mortgaged . ,property .or used in connection therewith, and will transmit to Mortgagee copies of any citations, �, `grders, notices or other material governmental or other communication received with respect to /, atiy other Hazardous Materials affecting the Mortgaged Property. (c) Mortgagor shall not permit, the use, storage, manufacture or production of Hazardous Material on, in or under, or in com'iection with, the Mortgaged Property except as specifically pm-ii in writing by the Mortgagee and then only in strict conformity with all Environmental Laws. (d) Mortgagor shall indemnify and hold Mortgagee harmless froth and against any and all damages, penalties, fines, claims, liens, suits, liabilities, costs (including clean -up costs), judgments and expenses (including attorneys', consultants' or experts' fees and expenses) of every kind and nature suffered by or asserted against Mortgagee as a direct or indirect result of any warranty or representation made by Mortgagor in this section being Use or untrue in any material respect or any requirement under any law, regulation or ordinance, local, state or federal, wbieh requires the elimination or removal of any Hazardous Materials by Mortgagee, Nilortgagor or• any transferor of Mortgagor or Mortgagee or imposes any fines, liabilities or other penalty on any such persona The indemnities herein shall be without regard fo any fault or knowledge of Mortgagor. (c) . In tlte. event of any default under any of the Loan Documents by Mortgagor, or in the event Mortgagee reasonably believes that there has been a violation of Environmental Laws with respect to the Mortgaged Property or that Hazardous Materials may be present on the Mortgaged Property; then Mortgagee shall have the tight to require from time. to time, such environmental audits or inspections as it may deem necessary to ensure compliance with this section, and paymennt of the cost of any such audits or inspections. shall be the responsibility of the Mortgagor. 14 JUN -18 -2009 11:11 MACFARLANE FERGUSON 727 442 8470 P.21 PINELLAS coUb= FL OFT, REC, BK 14382 PG 2320 (f) Mortp'g" ,' d`bligations hereunder shall not be limited to any extent by the tertrt of the Obligation hereby, and, as to any act or occurrence prior to payment in full and of thaot bh of sd jc W ation which gives rise to liability hereunder, shall continue, survive and remain in A�l *e and effect notwithstanding payment in full and satisfaction of said Obligation and this Z�ortgage or foreclosure under this Mortgage, or delivery of a deed in lieu of foreclosure. If 36. N '- on on Future Adv #ti hts. Mortgagor covenants and agrees with Mortgagee that_,(a' l�brtgagor waives and agrees not to assert any right to limit future advances under this Mo i eland any such attempted limitation shall be null, void and of no force.and effect. Any t aIr pondenee by Mortgagor regarding the future . advances must be sent to Mortgagee /at4c 'µP ortgagee's counsel at the addresses set .forth above; (b). an event of default under the, ttgage shall automatically exist, (i) if Mortgagor executes any ins trument which orts,t ' la o or . would have 'the .effect of impairing the priority. of or limiting any future P , advance •ahteh might ever be made uurdcr the Mortgage; or (ii) if Mortgagor takes, suffers, or ti . permits qny action or occ�reuce which would adversely effect the priority of any future acl�hantc` v�hich might.ever be made under the Mortgage. :. -37. t�ssitnent of Leas_,es This Mortgage constitutes. an .absolute and present 4. " ' ent of leases and rents arad profits and shall be fully operative without any further actiozi . entitled, at its option, upo n the occurrence of an (' ri'the part of either party, Mortgagee shall be jG nt of Default, to all rents and profits provided, however, that so long as no Event of Default r is hereby given a revocable license to collect; receive, take, }tae occurred hereunder, Mortgage le but not in advance use and enjoy all such rents and profits as these come due and payab thereof. Upon the occurronce, of an Event of Default, the revocable license hereby granted to Mortgagor to collect such rents and profits shall terminate and such license shall not be reinstated upon a cure of the default without Mortgagee's specific. consent, Mortgagee may exercise the rights herein. gran #ed upon notifying the tenants, purchasers, or the other obligors . (such tenants, purchasers or obligors shall collectively be referred to for purposes of convenience as "Lessee) ) in connection with the foregoing of the right of Mortgagee to receive such rents and profits; and shalt instruct such Lessees to pay the same directly to Mortgagee without any consent from-Moitgagor,being required, a copy of this instrument and a statement by Mortgagee that the Mortgage is in default being sufficient notice to such Lessees of Mortgagee's rights to collect the same. Neither the eXereise of any right under this paragraph by Mortgagee nor the application o£ any such rents and profits to the indebtedness and other sums secured hereby "I cure or. waive any default or notice of default or invalidate any act.pursuant hereto but the. rights herein granted shall be: ciunulative of all other rights and remedies. Mortgagor covenants and agrees that it shall; (a) observe and perform all of its obligations with respect to the leases including without limitation its obligations as lessor under any purchase:and. sale contract and any other obligations which it tmay' any lease, as seller under have under any other contract or insttlunent pledged as security pursuiant to this Mortgage and shall not do or permit.to be done anything to impair Mortgagors right to receive azxy rents and profits; (b) enforce or secure the performance o1y at its sole cost and expense, every obligation of all such Lessees to Mortgagor, (c) I not collect any of the rents and profits herein assigned in advance of the time when the same become due under the terms thereof ;. (d) not waive or release lease or other instrument evidencing :same; (0) not any Lessee from .his obligation under: al ease execute any ocher assigrlffient thereof of alter, modify or change the terms of any such obligation . 1S '. JUN -18 -2009 11:11 MRCFARLRNE.FERGUSON 727 442 8470 P.22 PINELLAS COUNTY FL OFF, REC. By, 14382 PG 2321 da of the same without the prior written consent of the or cancel, terminate, accepk� Mortgagee. .,� `'% r, Should Mortgag z is makc.any'payment or perform any obligation required pursuant to this paragraph, Mort elect to make such payments or Perform such. obligation; in which event ph, Morar� gees to pay. imtnediatsly upon demand all sutras expended by Mortgagee in makin„ - st payment or performing such obligation together with interest in an amount equal to the Dult Rate for the date that such expense is incurred by Mortgagee to the date of paymer tQ �IMprtgagee. Any amount so expended by Mortgagee together with interest thereon as �reresu ;:provided shall: constitute part of the indebtedness secured hereby. Notwithstandif�tt�se foregoing, Mortgagee shall not bit Obligated Loop1 ab� der an IMC, does it her4b ,41�rtake to perform or discharge any g duty y contract��a�)Qt r instrument. secured by this Mortgage and Mortgagor shall and .does hereby agree 0/. Mortgagee Mortgagee for and to hold Mortgagee harmless of and from any and all liabilify'il.*/` or damage which it may or might incur. under any of the leases, contracts or instttitpnef is by reason of this assignment, and of and from any claims and demands whatsoever wht'pk* be asserted against it by reason of any alleged obligations or underWdng on its part Q' p�rfarmed or discharged pursuant to any of t he terms, covenants, or, agreements contained cart. Amy, such liability loss or.. damage includi ng costs, expenses and reasonable attorneys ' % 'incurred in defending against any such claim shall constitute .part of the indebtedness "`-set red hereby and Mortgagor shall reimburse Mortgagee therefore immediately .upon demand, d, �� tvgetber with interest thereon at the Default Rate from the date that such expense. is. incurred by �vIongagee to the dale of payment to Mortgagee_ This Assignment of Leases provision is in addition to any other separate Assignment of Leases, Rents and Contracts documents, and in the event of a. conflict between the provisions of this Mortgage or any other separate document or instrument creating a security interest in the same collateral, the document and/or portions thereof. that shall either enlarge the. interest of Mortgagee in any collateral and/or secured property, grant Mortgagee a greater financial security m the collateral and/or the secured property, and/or assure repayment by Mortgagor of all sums due under the Obligations in Ul, shall. control. 38. Tax Returns.. (a) During the term of the Loan, Borrower, each member of the Borrower,' and Guarantors shall provide Lender with copies of each party's Federal Income Tax' Ftetiuns, including all schedules, which shall be provided within thirty (30) days from each Party's filing of same. (b) During the term of the Loan, each Guarantor must furnish or caused to be furnished to Lender; within thirty (30) days of the calendar year end, eur=t personal financial statements on a form acceptable to Lender. 39. Partial faun , Acceptance by-Mortgagee of any' payment which is less than fiu11 payment of all amounts due and payable at the time of such payment, even if made by one other than Mortgagor shall not constitute a waiver of Mortgagee's right to exercise its option to declare the whole of the principal sum then remaining unpaid; together with all acemed interest thereon, immediately due and payable without notice or. to exercise any other rights of Mortgagee except and as to the extent othmvise provided by law_ 16 , JUN -18 -2009 11:12 MRCFRRLRNE FERGUSON 727 442 8470 P.23 PINELLAS COUNTY FL OFF. REC. BK 14382 PC 2.322 40. Existence. So do� •'as the Mortgaged Property shall be owned or held by the Mortgagor, Mortgagor shall at 'I times maintain its existence as a Florida limited liability company and, s rtg be prized to do business in the State of Florida . and Shall maintain in the State of Florida a dI� authorized registered agent for.the service of process. In addition, Mortgagor covenants to no . Change the State where it is located and not change its name Without providing MortgageP,,Wjjh --A thirty -day (30) prior written notice. Failure to comply with Bach obligations shall b'a ae�fl It under this Mortgage. 41. "of J Tri» . THE .MORTGAGOR AND MORTGAGEE TrMBX ICaiO1To'iN I.UNTAIaILY AND INTENTIONALLY WAIVE THE RIGHT EITHER M MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATIO'K ED UPON THIS MORTGAGE OR ARISING OUT OF, UNI3EIt OR IN CON 1 ,Ct3ON Willi THE NOTE, THIS MORTGAGE AND ANY AGR�.L�MENr CO TED TO BE EXECUTED IN CON�U1�iCTION ..HEREWITH, OR ANY COTJ1SE .6F' CONDtiC , COURSE OF DEALING,. STATEMENTS (ETHER ISA VE" OR WRITTEN) OR ACTIONS OF ANY PARTY. THI5 IsR EDrr T . THE MA TgP ' L INI UClEMENT FOR TE(E MORTGAGEE EXTENDING CREniT TO THE pq WITNESS WIQ, the undersigned Mortgagor has executed this instrument as of i eAay and year first above written. "Signed, sealed and delivered in the presence of, as. to both: CLEARWAT CH SALES C , LLC, a Flo ' Ii led li ility coin y Print Name• . ' Br ; XN V. PAG , P ' t Name• ' By: RG E GILLIS, Manager JUN -18 -2009 11 :12 MACFARLANE FERGUSON PINEi,T xis COt3S3TY pL OFF. REC , RK 14382 PG 2323 727 442 8470 P.24 ti STATE OF FLORIDA COUNTY OF PINELI `•., The forego s1 ~ ent vvas acknowledged before me this' day of oing � 2005, by EVELYN:. R FEE, as Manager of CI,EARWAT1xR $EACH SALES CENTgIL a Florida liti�ited�'. company, on behalf of said entity, who is known to me or who has oduc ' as identifi n (print ortype name] . . ry ti K,�u Notary PubUc, State of Florida of Large 4 � ooME�a91 t Commission No.: C&x +ttpie�7 My Commission MOM: _. (Affix Seal) f OF FLORIDA "YA ,,MW 3NTYOF.PMUAs The foregoing instr mw was acknowledged before me this day of `t. of CI.EARWATER BEAM SALES .:X005, by GEORGETTE' GI , as Manager LLC„ a Florida limited liability company, on behalf of said entity, who is pe—rsonallY to me or who has prodBced as on. WYK. print or type name] Myoussoflov W Notary Fublic, State of Florida at.Lar3e "ue... Commission No. My commission expires: (Affix Seat) JUN -18 -2809 11:12 MRCFARLANE FERGUSON 727 442 8470 P.25 PINELLAS COUidTY FL OFF, REC. ' ELYc 14382 PG 2324 c EXHIBIT !1 Lot 5, Block B, BA.YSIDB DIMION NO. 5, according to the map Or plat the=& recorded in Plat Book 38, Pagk58 ,f�d 39, Public Records of Pinellas County, Florida � /jet• i 19. JUN -18 -2009 11:12 MACFARLANE FERGUSON PINELLAS COUNTY FL OF'F. FEC. BK 14382 PG 2325 727 442 84'70 P.26 VXHW B 4 , The following, whether ed or hereafter acquired_ All minerals, soil, :F`lbv erg "� shrubs, crops, trees, timber and other emblements now or hereafter on the Property desdrik�d �n Exhibit A hereto (herein referred to as "Property) or under or above the same or auy''p qt e parcel thereof. All rnachi =11 saratus; equipment, fittings, fixtures, actually or constructively attached to the Property tading all trade, domestic and ornamental fixtures and articles of personal property /06ex kind and nature whatsoever now or hereafter located in, upon or under the 13ropersy or a>�y part thereof and used or usable in connection with any present or future operakSdsi� f-•the Property,. including, but without limiting the generality of the foregoing, all heating; fir- conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; piperlps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fixe�',.VCpguishing, refrigerating, ventilating and communication apparatus; boilers, ranges, oil burners or units thereof, appliances; air - cooling and air- conditioning apparatus; (�eunm cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and v� !: �.Wtndows, stoves; wall beds; built -in refrigerators; attached cabinets; partitions; ducts and ,�.' o pressors; rugs. and carpets;. draperies; furniture and furnishings; together with all building ` materials and equipment now or hereafter delivered to the Property a id intended to be installed, therein, including but not limited to lumber, plasia, cement, shingles, roofing, ptumbing fixtures, . pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens; window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking; heating and ventilation appliances and equipment; together with all additions and accessions thereto and replacements thereof. All of the water, sanitary and storms sewer systems which are now or hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances. All. paving for streets; roads, walkways or entrance ways now or hereafter located on the Property or any part or parcel thereof. All interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof heretofore made and entered into, and in and to all leases or rental arrang=ents hereafter made and entered into, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals. All rights under agreements to sell or otherwise convey the Property or any collateral listed herein and all cash and .noncash proceeds thereof, including purchase money, promissory notes and installment sales agreements, and any rights in collateral .or guaranties securing any such notes or other proceeds. Any and all awards or payments, including interest thereon, and the right to receive the saute, as 20 JUN -18 -2089 11:12 MACFARLANE FERGUSON PINELLAS COUNTY FL OFF. RrC. BK 14382 .PG 2326 727442 8470 P.27 a result of (a) the exercise or�4 ugh ,e• t of eminent domain, (b) the alteration. of the grade of any street, or (c) any other in `rtp, taidng of, or decrease in the value of the Property, all improvements thereof ar,d'Qtl q eollaterai in this Exhibit_ li8es.now A,II unearned -pr acerated, accruing or to aceme under any and all insurance pa or hereafter .provided,,pu�uant to the terms of security agreements, and" all proceeds or sums the Property, any improvements thereto, or the collateral payable for the loss of of d'arttage to (a) . described herein, s ar"`( 'rents, revenue-s, . incom% profits or proceeds from leases, franchises, 4 art of the Pro concessions or licer�seE or on any p'` i' All contractsp ebz{ t rights, accounts receivable and general intangibles arising from contracts entered iritp.ticopnectiott with development, construction upon, operation or sale of part or all of the ;.}nclu ing contract or sales deposits, and all proceeds thereof, All rigCiys to any fictitious or other names or trade names used in conjunction with the property.. All, ft3iztt�re, furnishings, applianoes and equipment and all other tangible personal property now or, hp.�4er owned or acquired and now or hereafter located or installed at or in any other 7mpiovements on the Property or elsewhere at or on the Property, together with all accessories rand marts now attached to or used in .connection• with any such property or which may hereafter ^ :; airy time be placed in or.added'thereto and also any and all replacements and proceeds of any suer Property. All arohitecttiral and engineering plans and specifications, surveys, site. plans, appraisals, feasibility studies and development proposals, :building permits, easements, licenses, permits, . agreements and other general intangibles now .or hereafter existing pertaining to the Property. All rights under payment, performance, and other types of bonds relating to the ownership, development, construction or operation of the Property of any improvements thereto and all rights under governmental and nongovernmental permits, licenses and agreerents relating to the ownership,. development, construction or operation of the Property or improvements thereto; including rights under any land sale or condominium registrations, development orders and other agreements, perrnits, orders or rights relating to land use: All rights under any covenants or restrictions, party wall agreements, set =back agreements, cross easement agreements and similar agreements now or hereafter affecting the .property, including the right to grant waivers and releases and all other rights of the owner or declarant` thereunder. All substitutions for, amend=ts to or modifications, extensions or renewals of any. collateral. described herein and all proceeds thereof, in whatever forest. 21 .,. JUN -18 -2009 11:13 MACFARLANE FERGUSON 727 442 8470 P.30 KM BURKE, CLERK OF COURT PREPARED BY AND RETURN TO: PINELLAS cOMTY FLORII MARRY S. CL M, ESQ. INN# 200i4,ase 06MIr w at 09:14 AM OFF REC gK IGM PG: "4,W Macfarlane Ferguson & McMullen wcTypcRELRECORDIWs 31s.5n Post Office Box 1669 Clewwater, FL 33757 RELEASE OF MORTGAGE AS TO TRANSFER OF DENSITY WHEREAS, a Dels3ity Transfer Warranty Deed dated March 9, 2006, and duly recorded on March 15, 2006, in O.R. Book 14989, page 1238, public records of Pinellas County, Florida; CLEARWATER BEACH SALES CENTER, LLC, as "Grantor" in said deed; did transfer and convey to SHEPHARD'S BEACH CLUB, LLC, density rights from the property described as follows: Lot 5, Block B, BAYSIDE SUBDIVISION NO. 5; according to the plat thereof as recorded in Plat Book 38, pages 38 and 39, public records of Pinellas County, Florida for two (2) Units of Density; and WHEREAS, the said Grantee is now desirous of using those density units incident to a pending development and the City of Clearwater has requested confmnation that the mortgagee claims no interest or rights in and to the units transferred by such deed; and WHEREAS, SUNTRUST BANK was the holder of the mortgage on the premises at the time of the transfer, which said mortgage was dated May 23, 2005, and was duly recorded on June 15, 2005, in O.R. Book 14382, page 2306, public records of Pinellas County; Florida, which said mortgage has been amended by that certain Modification of Mortgage documents dated May 23, 2006, and was duly recorded in O.R. Book 15213, page 761, public records of Pinellas County, Florida, and said mortgagee is willing to join herein and consent to and release its interest as to the said transferred unit; it is NOW, ' REFORE: AGREED for the sum of Ten ($10.00) Dollars and other good and valuable considerations, as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. 2. Release. SUNTRUST BANK as mortgagee, does hereby release two Units of Density, transferred in the above- referenced deed, from the operation and effect of its mortgage identified above, and consents to said transfer and the use of said density at the receiving location as set forth in said transfer Density Transfer Warranty Deed, from and clear of the operation and effect of its mortgage. Property Appraiser General Information: 17/29/15/05004/002 /0050 Card 1 .16 Interactive Mar) of this Back to Se.alch. New Tax Collector parcel Query Results Search Information Page 1 of 4 Quest_io n./Conun.ent about this. parcel 17/29/15/05004/002 /0050 Building 1`" Data Current as of June 21, 2009 - i [ 11:49 am Saturday July 4] Nonresidential Property Owner, Address, and Sales Print`' Offices Pr_oierty_ Use: 330 ." ;r BAYSIDE SUB NO. 5 BLK B, LOT 5 2008_Exemptions . Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value 2008 Tax Information Comparable Sales Value:: $0 Tax District: CW Improvement Value per F.S. Millage: 20.3578 553.844 Just /Market Value: $475,000 Non Ad Valorem Assessments: $.00 Assessed Val.uel' SOH Cap: $475,000 Taxes: $9,669.97 History Taxable Value: $475,000 Taxes without Save - Our- Homes'cap: $9,669.97 A significant change in taxable value may Taxes without any exemptions: $9,669.97 occur when sold due to changes in the market or the removal of exemptions. Click here for more information. Owner /Mailing Property Address Sale Date Book/Page Price Q/. U V1I Address 7/2004 13710/2200 $320,000 Q I CLEARWATER BEACH 7/2004 13710/2135 $400,000 U I SALES CENTER LLC 645 BAYWAY BLVD 645 BAYWAY BLVD 11/2001 11659/1864 $320,000 Q I CLEARWATER FL 5/2001 11389/370 $221,500 U I 33767 -2671 Parcel Information Plat Year Plat Book/Page(s) Book/Page: Land Use: Office 1955 038/ 038 - 039 14825/1384 buildings, no... jj 7� Census Tract: 260.02 http: / /www.pcpao.org/general _ nadet.php ?pn= 1529170500400200501 7/4/2009 Property Appraiser General Information: 17/29/15/05004/002 /0050 Card 1 Page 2 of 4 Land. Information Seawall: Frontage: None View: Land Use. Land Size Unit_Value. Units Method Office buildings, non professional service build ...(17) 61 x 112 60.00 6,882.00 S Structural Elements Foundation: Continuous Footing Floor System: Slab on Grade Exterior Wall: Concrete Block/Stucco Roof Frame: Gable & Hip Roof Cover: Cement Tile Height Factor: 0 Floor Finish: Carpet Combination Interior Finish: Drywall Party wall: None Structural Frame: None Cabinet & Mill: Average Quality: Average Heating & Air: Heating & cooling Package Electric: Average Path Tile: Floor and Wall Fixtures: 4 Total Units: 0 Year Built: 1966 Effective Age: 7 Other Depreciation: 0 Functional Depreciation: 0 Economic Depreciation: 0 Open plot in New Window View Floor: 1 ;Click here if_screen is blank http: / /www.pcpao.org /general _ nadet.php ?pn = 1529170500400200501 7/4/2009 Building Plot View Floor: 1 Page 1 of 1 http: / /www.pcpao.orgibbplot.php ?pncd= 15291705004002005001 &flr—1 7/4/2009 Property Appraiser General Information: 17/29/15/05004/002 /0050 Card 1 Page 3 of 4 Sub Area information Description Building Finished Ft2 Gross Area Ft2 Factor Etfectivc__Ft2 Base Area 2,330 2,330 1.00 2,330 Open Porch Finished 189 .30 57 Total Building Finished SF: 2,330 Total Gross SF: 2,519 Total Effective SF: 2,387 Nonresidential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year Asphalt 1750 $1.75 1750 $3,060.00 $3,060.00 Unknown http: / /www.pcpao.org/general _ nadet.php ?pn= 1529170500400200501 7/4/2009 Welcome to VDB on the Web U TZ Theme Description This is the default set. It has no data layers, just linework. All of the map layers are black. http://vdb.pcpao.org/vdb.php id y. Page I of I 7/4/2009 .J,�" {'AN CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES s_ MUNICIPAL SERVICES BUILDING 100 SOFLORIDA 33756 PHONE (727) 5 2 4567 FAX (727) 5624576 www.myclearwater.com /epermits CASE SUMMARY OCL- 0019450 645 BAYWAY BLVD A VIEWPOINT REALTY INTERNATIONAL REAL ESTATE OFFICE PEOPLE Role: Other GEROME FRESSINIER PHONE: No Phone FAX: No Fax FL Owner /Property CLEARWATER BEACH SALES PHONE: No Phone CENTER FAX: No Fax 20001 GULF BLVD STE 5 INDIAN SHORES, FL 33785 Other JILL FRESSINIER PHONE: No Phone FAX: No Fax FL Business Owner RODERICK J GILLIS PHONE: 727 - 584 -7355 VIEWPOINT REALTY FAX: No Fax INTERNATIONAL 645 BAYWAY BLVD CLEARWATER BEACH, FL 33767 FEES Assessed Amount Amount Paid Balance Due BUSINESS TAX - RENEWAL $1,023.00 $1,023.00 $0.00 LICENSE FEE - NEW $366.50 $366.50 $0.00 OCTOBER DELINQUENT 10 $36.35 $36.35 $0.00 Total $1,425.85 $1,425.85 $0.00 OCCUPATIONAL LICENSE Category Quantity # Employees 027050 BROKER: REAL ESTATE 8 0 Done ACTIVITIES Date 1 Date 2 Date 3 Disp By Zoning Review 11/8/2005 11/8/2005 11/8/2005 DONE JJB Issue License - NEW 05/06 11/8/2005 DONE R_D 05 -06 Override - Parcel Holds 11/8/2005 R D Override - Parcel Holds 11/8/2005 R D Override - Parcel Holds 11/8/2005 R D rAForms \I nfoSummary.rpt OC-L- 0;x19450 645 BAYWAY BLVD A Override - Parcel Holds 11/8/2005 R D Application received 11/8/2005 LRN Override - Parcel Holds 11/8/2005 R D Override - Parcel Holds 11/8/2005 R D Renewal Notice 7/21/2006 2006-2007 Additional Requirements Needed 11/1/2006 DONE JCW needs to pay late fee ISSUE - Business Tax Renewal 11/2/2006 DONE JMC 06 -07 Renewal Notice 6/27/2007 2007/2008 Phone Call 8/29/2007 DONE JMC 8/29 /2007 -phone call to Viewpoint Realty and return phone call message from Mr. Gillis. There are 10 sales associates. I sent everything back (payment was for the broker & 1 sales). jmc ISSUE - Business Tax Renewal 9/13/2007 DONE 2007-2008 Renewal Notice 6/20/2008 2008 -2009 ISSUE - Business Tax Renewal 10/3/2008 DONE 2008-2009 Renewal Notice 6/26/2009 2009-2010 r: \Forms \I nfoSu mmary.rpt oNO ' -�� CITY OF CLEARWATER ��_►f PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 www.myclearwater.com /epermits CASE SUMMARY OCL- 0024101 645 BAYWAY BLVD B HORSE SPIRIT SYSTEMS LLC NUTRITIONAL INJECTION SYSTEM (OFFICE ONLY) PEOPLE Role: Other JILL FRESSINIER PHONE: No Phone FAX: No Fax FL Other GEROME FRESSINIER PHONE: No Phone FAX: No Fax FL Owner /Property CLEARWATER BEACH SALES PHONE: No Phone CENTER FAX: No Fax 645 BAYWAY BLVD CLEARWATER, FL 33767 Business Owner HORSE SPIRIT SYSTEMS LLC PHONE: 727 - 298 -0207 645 BAYWAY BLVD UNIT B FAX: 727- 585 -2083 CLEARWATER, FL 33767 FEES Assessed Amount Amount Paid Balance Due BUSINESS TAX - NEW $66.50 $66.50 $0.00 BUSINESS TAX - RENEWAL $139.60 $69.80 $69.80 Total $206.10 $136.30 $69.80 OCCUPATIONAL LICENSE Category 038280 CONTRACTOR: INSTALLATION, NO ACTIVITIES Date 1 Date 2 Zoning Review 12/21/2007 Override - Parcel Holds Override - Parcel Holds Override - Parcel Holds Override - Parcel Holds Traffic /Engineering No change of use Quantity 0 Date 3 12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/200712/21/2007 # Employees 1 Done Disp By DONE S_K R_D R_D R_D R_D DONE Christopher Melone rAForms \I nfoSum mary. rpt OCL- ft24101 645 BAYWAY BLVD B Proof of Corporation Ficticious Name Required Application received Business Tax - NEW 07/08 07 -08 Renewal Notice 2008 -2009 ISSUE - Business Tax Renewal 2008-2009 Renewal Notice 2009-2010 12/21/2007 DONE SEJ 12/21/2007 N/A SEJ 12/21/2007 SEJ 12/21/2007 DONE CAK 6/20/2008 7/24/2008 DONE 6/26/2009 r:\Forms\1nfoSummary.rpt �''� "� -• CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 www.myclearwater.com/epermits CASE SUMMARY OCL- 0024102 645 BAYWAY BLVD B TURFMATIC SYSTEMS LLC AUTOMATIC FERTIGATION SYSTEMS (OFFICE ONLY) PEOPLE Role: Other Other Owner /Property Business Owner FEES BUSINESS TAX - NEW BUSINESS TAX - RENEWAL Total JILL FRESSINIER FL GEROME FRESSINIER FL CLEARWATER BEACH SALES CENTER 645 BAYWAY BLVD CLEARWATER, FL 33767 TURFMATIC SYSTEMS LLC 645 BAYWAY BLVD UNIT B CLEARWATER, FL 33767 Assessed Amount $66.50 $139.60 $206.10 OCCUPATIONAL LICENSE Category 038280 CONTRACTOR: INSTALLATION, NO ACTIVITIES Date 1 Date 2 Zoning Review 12/21/2007 Override - Parcel Holds Override - Parcel Holds Override - Parcel Holds Override - Parcel Holds Traffic /Engineering No change of use PHONE: No Phone FAX: No Fax PHONE: No Phone FAX: No Fax PHONE: No Phone FAX: No Fax PHONE: 727 - 298 -0207 FAX: 727- 585 -2083 Amount Paid Balance Due $66.50 $0.00 $69.80 $69.80 $136.30 $69.80 Quantity 0 Date 3 12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/2007 12/21/200712/21/2007 # Employees 1 Done Disp By DONE S_K R_D R_D R_D R_D DONE Christopher Melone rAForms \I nfoS u m mary. rpt OC!,. ,004102 645 BAYWAY BLVD B Proof of Corporation Ficticious Name Required Application received Business Tax - NEW 07/08 07 -08 Renewal Notice 2008 -2009 ISSUE - Business Tax Renewal 2008-2009 Renewal Notice 2009-2010 12/21/2007 DONE SEJ 12/21/2007 N/A SEJ 12/21/2007 SEJ 12/21/2007 DONE CAK 6/20/2008 7/11/2008 DONE 6/26/2009 rAForms \I nfoS u m ma ry. rpt r n , x" -, 9 bu)," 5ot, &�aA, CITY OF CLEARWA�1,LlZ APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SMVICES 13U.1LDINQ 100 SOUTH MYRTLE AVENUE, 2n1 FLOOR PHONE (813) -562 -4567 FAX (81.3) 562 -4516 APPLICANT AND AGENT INFORMATION: APPLICANrs NAME Shephards Beach Resort, Inc. MAILING ADDRESS 619 S Clearwater, FL 33767 PHONENUMBER :727-442-5107 FAX NUMBER: 727-447 -2009 A43ENTNAME E.D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, MAIUNG ADDRESS :_911 Chestnut Street_ Clearwater, FL 33756 PHONENUMSER : 727- 461 -1818 Fax NUMBER: 727- 462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): William M. Shephard, as Trustee under the provisions of the PROPERTY OWNER Shephard Family Trust Agreement, dated February 29,. _1984 MAILING ADDRESS : • 619 .S _ G11 1 fv.i Pw Blvd,, Clearwater. FL 33767 PHONE NUMBER 727 - 442 -5107 FAXNUMBER : 727 - 447 -2009 LEGAL DESCRIPTION : _SPP Fxhihit "A" at .arhpd OF IN METES AND BOUNOS, ATTACH A SEPARATE SHEET) STREET ADDRESS 619 _ S . ' Gul fview Blvd. PARCELNUMBER : 17- 29-15- 05004 - 003-0010 ZONING DISTRICT : T SIZE OF SITE 1.878 Acres CURRENT USE OF THE PROPERTY 97 unit full service hotel I # OF HOTEL ROOMS, OWELUNG UNITS, COMMERCIAL FLOOR AREA, VACANT) Seeking termination of non - conforming si HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED To THIS SITE? as to density - See Density Table in Con Infill Application. HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 16 units, 2 of which are from sender si HAVE DEVELOPMENT RIGHTS PREVIOUSLY 13EEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: 145' 2" Page 1 of 2 JS r , '< y SITE F,� R,Q„M WHICH THE TDR WILL BE TRANSFERRED (sender site): Melodie A. Ferguson, as Trustee of the Melodie A. Ferguson Rev. PROPERTY OWNER c Living Trust dated 5 -24 -02 as to 25% and Robert M. Pennock II:; as Trustee of the Robert M: Penfiock Y1�ev.`ETving frust catea !7"2 102 MAILING ADDRESS as to 75%* AA1; 'R-q-,7 FGnlanarta #3, Cl a wa are FL 33767 PHONE NUMBER FAX NUMBER LEGAL DESCRIPTION See Exhibit "B" attached OF IN MES AND SOUNDS, ATTACH A IP-P411ATO SHFRTI STREET ADDRESS 665 Bay Esplanade PARCEL NUMBER 05- 29 -15- 54756- 077 -0060 ZONING DISTRICT T SIZE OF SITE .52 acres CURRENT USE OF THE PROPERTY Multi- family (# OF HOTEL ROOMS` DWELLING VNIT4, COMMERCIAL FLOOR AREA, VACANT) *Density Unit Owner: TW /Beach Residences.- Clearwater, L.L.C. (See Addendum at,tac ed) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? 115 HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. ✓ STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. _ STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. ✓ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. Signature of propert owner or representative E.D. Armstrong III STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed before me this 15�' day of November , A.D., W-'U0T__tome and /or by F._n Armstrong TTT , who Is personally known ttt RivAm xxxxxxxxxxxxxxxxxxxxxxxxxzz public, ` —Die my y commission expires; GINA L CANOPARI oN # do 090270 �.e" � EXPIRES: January 26, 2(106 Page of 2 06 t-a3NOTARY FL Notary Service & eonding, Inc. ADDENDUM TO APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PROPERTY OWNER: Melodie A. Ferguson, as Trustee of the Melodie A. Ferguson Revocable Living Trust dated 5/24/02, as to 25 %, and Robert M. Pennock II, as Trustee of the Robert M. Pennock II Revocable Living Trust dated 5/24/02, as to 75% OWNER OF DENSITY UNITS: TW /Beach Residences — Clearwater, L.L.C. Per the "Warranty Deed Transfer of Density Unit Development Rights" attached hereto, dated August 31, 2005, recorded in O.R. Book 14606, Page 951 in the Public Records of Pinellas County, Florida, Property Owner previously transferred two units of Density to TW /Beach Residences — Clearwater, L.L.C. ( "TW "). TW serves as a holding entity for the two units of density in that the Density is owned by TW, but it remains attached to the property located at 665 Bay Esplanade. I #:- 2005370934 BK: 14606 PG. 951, 09/15/2005 at 05:09 PM, REuvjRDING 3 PAGES $27.00 D DOC STAMP COLLECTION $1400.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDU08 This instrument prepared by and when recorded return to: Marc I. Spencer, Esq. 877 Executive Center Drive'W.. Suite 205 St. Petersburg, FL 33702 WARRANTY DEED °, 'TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS THIS WARRANTY DEED, executed this 3i day of August, 2005, by MELODIE A. FERGUSON, as Trustee of the" M- as A. FERGUSON REVOCABLE LIVING TRUST DTD 5/24/02, as to 25% and ROBERT: Mr PENNOCK, II, Trustee of the ROBERT M. PENNOCK, It REVOCABLE LIVING TRUST DTD(3114 102, as to 75 %, whose address is 665 Bay Esplanade #3, Clearwater Beach, FL 33767, Grantors; to TW /BEACH RESIDENCES — CLEARWATER, L.L.C., a Florida limited liability company, whose. address is 877 Executive Center Drive West, Suite 205, St. Petersburg, FL 33702, Grantee. ,WI`TNESSETH, that Grantors for and in consideration of the sum of $10.00 and other valuable consideration to said Grantors in hand paid by Grantee, the receipt and whereof is hereby acknowledged, has.granted, bargained, and sold to the Grantee, and Grantee's heirs and assigns forever, two (2) density _bnit°development rights from that certain property lying situate in Pinellas County, and further described •' ash:.....'' Lot 6, Block 77, Mandalay "The Isle of a Thousand Palms" Clearwater Beach, Unit No. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, as said plat was amended by the replat thereof, recorded in Plat Book 20, Page 48, Public Records of Pinellas County, Florida (the "Transferor Property"). for transfer to Grantee's real property described as: for transfer by the Grantee to a property to be described in a subsequent deed of conveyance by Grantee to a future purchaser of such density unit development. TO HAVE AND TO HOLD the same together with all and singular tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the privilege, right, title, interest, estate, lien, equity and claim whatsoever of Grantors, either in law or equity, to the only proper use, benefit and behoof of Grantee forever AND said Grantors do hereby fully warrant the said density unit development rights, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first written above intending hereby to restrict, in perpetuity, the use of the property first described above. Signed, sealed and delivered in the presence of WITNESSES: GRANTORS: s. r.. ..�.,� BY: obert M. Ffenn k I , as Trustee U /A/D 5/24/02 BY: Ae. Me odie A. Ferguson, 6s Trustee U /A/D 5/24/02 PINiLLAS COUNTY FL OFF. REC. ...d 14606 PG 952 STATE OF FLn^R IDA OF -1'1NEuv>Q COUNTY r The foregoing Instrument was acknowledged before me this K day of August, 2005, by MELODIE A. FERGUSON; e§ Trustee of the MELODIE A. FERGUSON REVOCABLE LIVING TRUST DTD 5/24/02. HZhe is personally known to me or has produced FL DL- as identification. Notary ublic, State of Florida at Large Print Name: Commission No. I=con My Commission Expires►. : MPOOb Am# D1 ood EXPIRES Nmwbw A6 10MOEOININ"FAW#4URMM MK The foregoing instrument was acknowledged before me thisN day of August, 2005, by ROBERT M. PENNOCK, II, Trustee of the ROBERT M. PENNOCK, II REVOCABLE LIVING TRUST DTD 5/24/02. He /she is personally known to me or has produced PL DL as . ` '�ldentification. �5Z0 -ll 3�`f "1-oS I - a Nota Public, State of Florida at Large Printed Name: Commission No. My Commission Expires: vv Law WIN �A'(�* =40741 EXPIRES �mlgr 2, 2006 EXHIBIT "A" To Density Agreement Lots 1 thru 5, Block "C ", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C ", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54 025'30" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12 140'00" W., and parallel to the westerly boundary of the said Lot 1, Block °C ", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C ",' Bayside Subdivision #5, thence N 12 040'00" E., along the westerly boundary of the said Lot 1, Block "C ", bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 10 EXHIBIT "B" To Density Agreement (Taylor Woodrow /Pennock) Lot 6, Block 77, Mandalay "The Isle of a Thousand Palms" Clearwater Beach, Unit No. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, as said plat was amended by the replat thereof, recorded in Plat Book 20, Page 48, Public Records of Pinellas County, Florida. #359090 v1 - Shephards_exhibit to pennock tdr 9 0 RcC,�vPX Sid 619 S. Gulfview Blvd. - Legend Streets Parcels Zoning LM ❑ LMDR m 'DR MHOR H DR MHP ■ T C ❑ 0 NJ ■ IRT GS-R mP ma pl� OMM PinaAas County 9 0 S er\ Atr 5 )' -� 665 Bay Esplanade - 2 E '. e� LO /Z5 /ZUU5 11:03 FAX 7273918589 88131936 C u estdws sae aAmCO roam a OR6758PG i 631 s , r ..w ",3,, tdb, .i a� . A. b. N es . h William M. Shephard All pwry. M William M. Llhepbard, as Trustee under the provisions of the Shepherd Family Trust Agreement, dated Februsry 29, 1966, known as the Bhephard Family Trust Y1 `"` PW'ffk* r b 619 Gulfvielt Blvd.. Clearwater, P1 94636 srawrt ra►ty: wow.) 'riMl !�! e.ix� Iw+. pNy, far aa1 4. atadiwaliew r/ IR. sw.e � S •-�0- an 60a PW by 16 OW ss.sd pwly. At Iebljtt__!__w_�if IIR � J e��. � "Y fM I k N- in -A y.xt Jabn arts do soli pt.1.l pob .w^. J tka daixl. ". IwteN ado a.4 je `"d aAt& ds sad lbw p.ly 6o- i. and s. & baft na %sfiW k pt w . s� K• .16 wt ak Wow a &S,40 M & Co w r of Pinellas 3at..f t►lorida . so-so: Bee Cwhibit 'A• attached hereto. Full power and authority is granted by this deed to said Trustee or his success- "a to protect, oonserw, sell, lease, improve, to convey aither with or with- out consideration, to engage, pledge, or oterwlae eacomber Sala property and to renege ass dispose of the real. property or any part of it deeccibed in this recorded lustrummot. illlbjeat to restriatlem and sasgments, of rsoord_ subject to that certain mortgage preseatly held by the sank of Clearwater, a state beating assoeiatios in the principal sum of $404,900 dated February 29, 1953, and filed March 4, 1983 to Oi S454 Page 1SSS of tbs. Public 61ecards of Pinellas County. Florida. This property L Dot hareatt" property. the Grantor resides at S90 Blatt view Drive, bellsaic Bluffs, Florida. 4 JOHNSOY POPE Z 002/003 ?918 D= Is 1BOOBBBO PM TBB Pul = or CORIMA Ii91�R 01 �yt�IBp . FAMIb! TRNT 10- 1MUCY 6MLA iK 29, ails :9 vs -�- @1 KOOpDIbb 1 �g -- DOC STO*$ 2 id1 -`•'` '191 VAK jai Is- )W 4 -. u,46I.r W& .N .4 s6.pir 06 woo .- ..W+w�1.�1. i.k.�.i.a .r +" ewy.r. •orexl•w�.. ea:.R Ike edal., do:l. ed.. wleaa.•iiilt�lAa.ld� L . '' s.. w eJ 16 adi lnA pwty, saL.r M Lm or ovony. M t6 *4 pepw a... Lva4u ..J 6L.O f *16 srli SA.: rmly J....ar. 16 T6. *4 V y As d'd Ma W &. pm. &r awe P. .�.�. ■ Iwo pM� ` ZL I� // }�� /I�/j�y/ �((�J /yy //� ',/0 UI4LIAM M. SI66lwUj _-. au ► � p• "ATE OF i&C&M I. CM K" 0y FMOU"s 1 NUtM CUTM W N di 49 rd+Ytwr�csw der. I&* .weriw/ in d. ax..r ./.xa.i/ w.4 to d. Q.ww4 am- am ...d. ad..w►�w.w.., WILLI" M. 899FRlm is an h.aa r M d. paws 4e.ab.4 L ad. rte e-wed dw laegoi a bsxx.arr wand he e1001.le40.4 1xM r.. due he ta.d.e4 do- roe. .. Vn'n is ay b.4 art .Wield " in d. /....to- as! a ai...aa .i' .�•:..f .'q of a 1D. H 66.01 el • 1 • d o..�,� (f� .,. t� .c MQTUT PUBLIC My COMIK&W 00 bast U /arl+m. prlwld Tote! _U•_OAML Ow1w -mmy Tax aC 6 .. ...... 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Ek4-u9: awn Description: Pinellas, FL Document- Book.Page 6758.1631 Page: 1 oft Order: t Comment: i0iz5iz005 .11:04 FAX 7173918589 "U 11IlIN SIT A LWAL MC1IFZMN _ --.q OR6758PG1632 Lott 1 thro S, BLaek "C", "Us Ssbdivisioa 05, secetdisg to the asp or plat thereof u reoordsd is Plat Book 38, Pages 3S sad 37, Publie lscsrds of Pinallaa Coiner, Florida, and begia at the North - westerly comer of Lot 1, flock "C', "Ida Sabdivisioa 05, as recorded to Plat Book 38, Papa 3S aad,39, of the Public laeerds of PimUse Cwaty Plaridas thence North 54 degrees 25' 30`X, 65.14 feat sloag the Sautbarly lice of Calf Boulevard; theme Soutb 12 degrees 40' 009, and parallel to the Westerly Woodery of the said Lot it Block "C", Bsyside Subdivision 85, a distance bemsdery of 266 feat to the cetera of Clearwater, lay tad tbsnoa lsstorly alsag the Aber time of Commuter Bar 67 feat am or lass to the istersec- tion at the shoe 11aa of Clearwater Bay sad the Westerly bosadsry Lim of Mid Lat 1, B1sek "C", Bsyaide SuMvtotoo 15, thwos Berth 12 degoe" 4g' 00'9, dons the iestsrly boundary of the said Lot It Bleak 'V, toysilo 4b4134etoo 03, 293 feet were or lase to the Pout of Begiaaiag, loetioa 17, ?awash# 29 South, tanp 15 Best, Piwallas County, norids. Description: Pineflas,FL Document-Book Page 6758.1631 Page: 2 of 2 Order. 1 Comment: 4 JOHNSON POPE Q003/003 ,w&Y s 4-e 1 o f L " KA.Ri EEN F. DE BLAKER, CLERK. OF COURT PAGIES _.. PIRLAS MUM, FLORIDA 7 ACCT RE I V N3015806 05-2&2002 16:19:23 GAM DR21 - 51 DED- I�CK,ROD RT R �� — 0V150 INT I#:02199199 BK:12022 SPG :2217 EPG:2219 _ - RENDING 003 PM 1 $15.00 p C DOC STAMP - DR219 3 S.70 REV TOTAL.1;.?0 _. TOTAL "�1 CK Off TBWED: - CK BAL C'tiUE: $15.70 $A CHG AARI' DEPUTY CLERK 02- 199199 MRY -29 -2002 4:17pM PINELLAS CC BK 12022 PG 2217 —__- X1111 Illy �lil 1111111111111111 all 111111111 If11 THIS WARRANTY DEED made this.; day of A. D. 2002, between ROBERT M. PENNQdk.., a� single man, and LODIE A. FERGUSON, a single woman, of th County of Pinellas, in the State of Florida, whose mailing adcir69`s is 665 Bay Esplanade, #3, Clearwater Beach, FL 33767,, party of the first part, and MELODIE A. FERGUSON, as Trustee, under h.greement dated May 24 2002, made by MELODIE A. FERGUSON, ae•..Gtantor, of the County of Pinellas in the State of Florida, party. of the second part, whose mailing address is 665 Bay Esplat de;,; #3, Clearwater Beach, FL 33767; WITNESSETH, That th4. said party of the first part, for and in consideration of the t�um of:Ten Dollars and other good and valuable considerations, to him"'in Band paid by the said party of the second part, the receipt- w}iereof is hereby acknowledged, has granted, bargained and sold bp the said party of the second part, his heirs and assigns forevve�,"the following described land, situate, lying and being in the,&)kinty of Pinellas, State of Florida, to -wit: A TWENTY -F1V `;,PERCENT INTEREST IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: Lot 6. ,'B1::ock;' 77, MANDALAY UNIT NO. 5, according to plat thereof;`*recorded in Plat Book 20, Page 271 Public Records Of P.itella County, Florida. Subjrec� to easements and restrictions of record and taxes for th4 gear; 2002 and subsequent years. The'-�rantor of the referenced trust confirms that under the terptis 4 sziid Trust, Grantor has retained a beneficial interest for li €.e.. -d d-is entitled to a homestead exemption pursuant to the pxoviohs of Florida Statute 196.041, or successor statute. ';This transfer involves no monetary consideration and there is fto i:fting of the economic burden. This deed is not subject to 9iumentary doc stamps because the Grantor is the sole beneficiary of the trust during the Grantor's Lifetime. tH!S INSTRUMENT PREPARED BY {& t3EPM To DONALD R. HALL, ATMMMY GOLA AND HALL, P_. 28050 U.S. HWV. M, I21T11E4M CMRWATER, FL UM PINELLRS COUNTY FLA. OFF . REC . BK 12022 PG 2218 The said party of the first part does;_ hereby fully warrant the title to said land, and will defend: tl%e same against the lawful claims of all persons whomsoever. Wherever used herein, the term '.party" shall include the heirs, personal representatives, `:successors and /or assigns of the respective parties hereto; the „qse `of ,'the singular number shall include the plural, and the pliiurs t, the singular; the use of any gender shall include all genders...; `;Where used herein, the terms "Grantor ", "Grantee" and "Trust6e.l shall be construed as singular or plural as the text requires:':., The Grantee shall have the.independent power and authority to se protect, conserve, and t(? ll;'.: or to lease, or to encumber, or otherwise to manage and dispose.. of the real property conveyed by this deed, pursuant tci- .,F,ltrtda Statute 589.071, or successor statute. Any Successor ;TiRu9tePs are hereby granted the power to protect, conserve arid., to.`:.sell, or to lease, or to encumber, or otherwise to manage and,- ,.di °spose of the real property described in this deed. The powers.,.. o •; "th"d .trustees and all Successor Trustees shall extend to any and ail - " rights which the Grantor possesses in the above - described; heal- property; any deed, mortgage, or other instrument executiet..: by the Trustee shall convey all rights or interests of " %-the;`Grantor including homestead; and the Trustee is appointed as the attorney -in -fact for the Grantor to carry out this intent, whidl :ap-pointment shall be durable and shall not be affected by the incapacity of the Grantor. Any .pei�'ox dealing with the Trustee shall deal with said Trustee=. .and. >.any successor Trustees as provided in the Trust Agreement'I.' .::,However, no person shall deal with a Successor .Trustee until:. me -..-or more of the following have been received by said persori.:o. placed of record in the aforementioned county: A:::` ' "The written resignation of the prior Trustee sworn to and acknowledged before a notary public. B A certified death certificate of the prior Trustee. "C. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. P INELLRS COUNTY FLR . - OFF.REC.BK 12022 PG 2219 - - D. The written certificates of: -'two `-physicians currently practicing medicine that the•,,Trurtee is physically or mentally incapable of handl ng",.the'duties of Trustee. E. The written removal of a Succ @ssor Trustee and /or the appointment of an additio al :'successor Trustee, sworn to and acknowledged before ' q --'notaYy public. IN WITNESS WHEREOF, the ;'sib .�d -, p6.rty of the f irst part has hereunto set his hand and seal: the "day and year first above writ- ten. .81g ed, Sealed and Delivered in t e Presence of: % �- C (SEAL) Robert M. Pennock (SEAL) Mel die A. Fei7g&son WITNESSES AS TO BOTfi_ ..P TIES STATE OF FLORIDA' COUNTY OF PINELLAS me, a I HEREBY.-CERTIFY That on this day personally appeared before n officer duly authorized to administer oaths and take ac- FERGUSON, .a .is have produced executed ..the,f ec they exuted` therein:. 6�tpxe WITNESS Pine13.4r end 2002. .,."ROBERT M. PENNOCK, a single man, and MELODIE A. jigLd woman, who are personally known to me or who Florida Driver's License as identification, and who dregoing deed, and they acknowledged before me that -the same freely and voluntarily for the purposes sed. my hand and official seal at Clearv�ater, County of State of Florid" his :2-"- day ofj , A.D. "Y` a Notary lic +E' Donald R Nail MY COMMISSION # CCO55411 EXPIRES November 14, 2003 My Commission Expires: TWYFAIN WSWLWCE M This deed has been prepared at the Grantor's request without examination or legal opinion of title. PAGES ACCT _ AEC DR219�, fNT PEES MTF KARL.EEN F. DE BLAKER, CLERK OF COLE E PINELLAS CDL(NTY, FLORIDA 015M 05 -2 -2002 16 :20 :49 GAN 51 DED-PE10 MROBERT N 008749 I #:0219` 211 BK:12022 TG:2296 Er C:220B . RE4,ORDING 003 PAGES '1 $15.00 DOC STAMP - DR219 3 MCI PIC TOTAL: REV LACK ANT.WERED: TCfTAL ( CK BAL CLERK Ci-iG AMT 02-199211 MAY -28 -2002 4 W PINELLAS Co 6K 12022 PG ��- - 111��11�ssrriu ,�ui�rmuiuurrrur��u�iuiu,i THIS WARRANTY DEED made this.:' 2 day of .syW , A.D. 2002, between ROBERT M. PENNt1CX, a: single man, and MELODIE A. FERGUSON, a single woman, of the County of Pinellas, in the State of Florida, whose mailing address is 665 Bay Esplanade, #3, Clearwater Beach, FL 33767, party of the first part, and ROBERT M. PENNOCK, II, as Trustee, iiAder. agreement dated �y 24 2002, made by ROBERT M. PENNOCK,-as`4rdntor, of the County of Pinellas in the State of Florida, .party cs.f the second part, whose mailing address is 665 Bay Espxarlacle;:; #3, Clearwater Beach, FL 33767; WITNESSETH, That'the` said party of the first part, for and in consideration of the `$ut,of ,Ten Dollars and other good and valuable considerations, to him =in Viand paid by the said party of the second part, the receipt.-. whet4ot is hereby acknowledged, has granted, bargained and sold i~o th'e said party of the second part, his heirs and assigns forever � --th4 following described land, situate, lying and being in the.&t`! ty of Pinellas, State of Florida, to -wit: A SEVENTY -� I-TI :'PERCENT INTEREST IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: Lot 64 /'B1:8ck' 77, MANDALAY UNIT NO. 51 according to plat thereoff"'tecorded in Plat Book 20, Page 27, Public Records of P,ii' ias County, Florida. Surij.66t to easements and restrictions of record and taxes for the - eer;'2002 and subsequent years. The`-Grantor of the referenced trust confirms that under the terms "oi' said Trust, Grantor has retained a beneficial interest for life. -and :...is entitled to a homestead exemption pursuant to the prbviions of Florida Statute 196.041, or successor statute. TYiis transfer involves no monetary consideration and there is ito 'sii,fting of the economic burden. This deed 'is not subject to dobumentary stamps because the Grantor is the sole beneficiary of the trust during the Grantor's lifetime. --- ciISiNSTRUMENT PREPARED By(& RM=1q DONALD R. HALL, ATFfIM GOZA AND HALL, P.A. U0W U-8. HWY.19Ny 8=4(2 CLEARWATER, PL 98?' um $15.70 $15.70 U0, 2286 PINELLAS COUNTY FLA, OFF . REC . BK 12022 PG 2287 The said party of the first part does. hereby fully warrant the title to said land, and will defend:' ttie-' same against the lawful claims of all persons whomsoever. Wherever used herein, the :bet -Ift, `'!partytl shall include the heirs, personal representatives, :succesgors and /or assigns of the respective parties hereto; the ..use 'o-t., the singular number shall include the plural., and the pllurA ;;tfi singular; the use of any gender shall include all gend rs.s `.Where used herein, the terms "Grantor", "Grantee" and °Trustee!! shall be construed as singular or plural as the text requires. The Grantee shall have.. the:.. independent power and authority to protect, conserve, and to Bell;;: or to lease, or to encumber, or otherwise to manage and dkspdse' of the real property conveyed by this deed, pursuant to``•-F.J4#ijla Statute 689.071, or successor statute. :. Any Successor Trustees are hereby granted the power to protect, conserve and:.. to. °:_sell, or to lease, or to encumber, or otherwise to managg "a-h °;dispose of the real property described in this deed. The powers ;`ot'-:.the ,Trustees and all Successor Trustees shall extend to any alild "al' "rights which the Grantor possesses in the above- described;�.�ea'•; property; any deed, mortgage, or other instrument executed•.:`by the Trustee shall convey all rights or interests of:..the< Grantor including homestead; and the Trustee is appointed ad I .1, ,attorney -in -fact for the Grantor to carry out this intent, wh -1ch -` -ap ]0ointment shall be durable and shall not be affected by the incapacity of the Grantor. Any ,p.grsari" dealing with the Trustee shall deal with said Trustee:: anA., any successor Trustees as provided in the Trust Agreemerxt:'---• However, no person shall deal with a Successor Trustee until :. ohd..:.or more of the following have been received by said person.,.,-Or --placed of record in the aforementioned county: �. .. The written resignation of the prior Trustee sworn to and acknowledged before a notary public. A certified death certificate of the prior Trustee. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. r: P INELLRS COUNTY OFF . REC , SK 12022 PG 2288 _ S - . D. The written certificates of'....two•'physicians currently practicing medicine that the - Trust -:ee is physically or mentally incapable of handl:ing :the duties of Trustee. E. The written removal of a. :. , ucdessor Trustee and /or the appointment of an additi6na1 SuOcessor Trustee, sworn to and acknowledged before' a'hpary public. IN WITNESS WHEREOF, the : `S.ajd �; party of the first part has hereunto set his hand and seal. h6,4-ay and year first above writ- ten. S' ned, Sealed and Delivered n he Presence of: au^rn . (LlLA R bent M. Pennock (SEAL } Mel die A. Fergu on WITNESSES AS TO BOT H` :-PARTIES STATE OF FLORIDA' COUNTY OF PINE7,rF.�1�,5 I HEREBY i'CERTI�FY That on this day personally appeared before me, an office ftly authorized to administer oaths and take ac- knowledgmenf &;,:'••ROBERT M. PENNOCK, a single man, and MELODIE A. FERGUSON, a --:�i.rigl.e woman, who are personally known to me or who have produced a Florida Driver's License as identification, and who executed..the•-,foregoing deed, and they acknowledged before me that they ex�cut,eA"`the same freely and voluntarily for the purposes therein:: a cp�epsed. =. WETNESS my hand and of 'cial seal at Clearwater, County of Pineli] Ls,"•-and State of Florida is 2- _ day of A. D. 2002. �� 5� Notary is o Donald k Hatt MYC0MMtSS10N*0CMjj WME1Iy Commission Expires: n November 1410AWW$ v WC This deed has been prepared at the Grantor's, request without examination or legal opinion of title. AFFIDAVIT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared Jeffrey B. Handlin ( "Affiant ") as Manager of TW /BEACH RESIDENCES- CLEARWATER, L.L.C, a Florida limited liability company ( "TW "), who [is personally known to me] [produced P cl+t C" as identification] and who, being first duly sworn, depose and says that: 1. Melodie A. Ferguson, as Trustee of the Melodie A. Ferguson Revocable Living Trust dtd 5/24/02, as to 25% and Robert M. Pennock, II, as Trustee of the Robert M. Pennock, II Revocable Living Trust dtd 5/24/02, as to 75% are the owners of the real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "), which is the Sender Site in that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by Shephard's Beach Resort, Inc., a Florida corporation ( "Applicant "). 2. TW acquired 2 residential dwelling units (collectively, "Development Rights "), attached to the Sender Site, pursuant to that certain deed recorded in the public records of Pinellas County, Official Records Book 14606, Page 961. The Development Rights are proposed to be transferred as described in the Application. 3. As of the date of this Affidavit, Affiant has not transferred the Development Rights to any other person or entity. 4. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 5. TW and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. 6. In the event the Application is approved and the conditions precedent of the TDR Purchase Agreement, entered into between Affiant and Applicant, are satisfied, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior to issuance of a building permit. FURTHER AFFIANT SAITH NC SWORN TO, subscribed and acknowledged bef re me this October �� , 2005. Notary Public 46113.109875 #358893 v1 - Shephards/TW_ affidavit to TDR Print name: l7t`na L- My commission expires: -2- �=Notary ANOPARI ON# DD080270 anuary26,2006 rvice a Bonding, Inc. EXHIBIT "A" Lot 6, Block 77, Mandalay "The Isle of a Thousand Palms" Clearwater Beach, Unit No. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, as said plat was amended by the replat thereof, recorded in Plat Book 20, Page 48, Public Records of Pinellas County, Florida. AFFIDAVIT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared Melodie A. Ferguson and Robert M. Pennock, ,II (collectively, "Affant "), who [are personally known to me] [produced r--,L J.' IV?,rs I ► Le—riseS as identification] and who, being first duly sworn, depose and say that- 1 . Melodie A. Ferguson, as Trustee of the Melodie A. Ferguson Revocable Living Trust dtd 5/24/02, as to 25% and Robert M. Pennock, II, as Trustee of the Robert M. Pennock, II Revocable Living Trust dtd 5/24/02, as to 75% (collectively, "Owner ") are the owners of the real property described on Exhibit "A" attached hereto and incorporated herein. 2. Owner entered into that certain Warranty Deed Transfer of Density Unit Development Rights with TW /Beach Residences — Clearwater, L.L.C., a Florida limited liability company ( "TW"), dated August 31, 2005, recorded in O.R. Book 14606, Page 951 of the Public Records of Pinellas County Florida, whereby Owner transferred 2 residential dwelling units to TW (collectively "Development Rights "). 3. Owner has neither transferred or utilized the Development Rights that were previously transferred to TW. FURTHER AFFIANT SAITH NOT. Melodie A. Ferguson Robert M. Pennock, Il SWORN TO, subscribed and acknowledged befo a me this October 2005 0K MA4&k-�- N tary Public Print name: My commission expires: l - p (0 46113.109875 #359067 v1 - Shephards_pennock affidavit =FLN0tMSeMc8& CANOPARI ION # DD 080270 January 26.2006 eMce & Bonding. Inc. -2- EXHIBIT "A" Lot 6, Block 77, Mandalay "The Isle of a Thousand Palms" Clearwater Beach, Unit No. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, as said plat was amended by the replat thereof, recorded in Plat Book 20, Page 48, Public Records of Pinellas County, Florida. AFFIDAVIT TO AUTHORIZE AGENT: TW /Beach Residences - Clearwater, LLC property owners on deed — please PRINT full names) f. That (I amlwe are) the owner(s) and record title holders) of the following described property (address or general location): 3 development rights (Residential units) , which converts to 4 overnight accommodation. units (4 development.rights). 2. That this property constitutes the property for which a request for a: (describe request) Transfer of Development Rights Approval 3. That the undersigned (has/have) appointed and (does /do) appoint: E.D. Armstrong, III, Esquire of Johnson, Pope, Bokor, Ruppel & Burns, LLP as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives In order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 6. That (l/we), the undersigned authority, hereby certify that the foregoing is nd t�v a rr t. TPNe esidences earwater, LLC Kroperty Owner By: Jeffrey H dlin, -} t- tnegez- VP Property Owner COUNTY OF Before me the and r ngd, an officer duly commissioned by the Ifws of the State 8[ Florida. on this 0C f ` 3 UU personally appeared Settrey Hancilln day of Deposes and says that he /she fully understands the contents of the affidavit that hAkhn who having been first duty sworn GINA L CANOPARI My Commission Expires: u} MY COMMISSION # DD 080270 EXPIRES: January 26.2006 S:IPlanning 0epartmentlApplico6on Formsldevclapment teviewInexible development application 2005.doc Notary Property Appraiser General Information: 05/29/15/54756/077 /0060 Card 1 In,teractiv dap of this. Sales Back to Search New Tax Collector parcel Query Results Search Information Page 1 of 4 Question C ommetbut this ....... . parcel 05/29/15/54756/077 /0060 Building 1 Portability Calculator Data Curre. nt as of June 21, 2009 - -- [1:56 pm Wednesday July 1] Residential Property Owner, Address, and Sales Print Duplex /Triplex Property Use: 220 Living Units: 4 MANDALAY UNIT NO. 5 REPLAT BLK 77, LOT 6 AS DESC IN PL 20 PG 27 TOGETHER WITH SUBM LAND IN SW 1/4 OF SEC 5 -29 -15 BEING PART OF TIIF DEED #17451 DESC BEG SW COR OF LOT 6 BLK 77 MANDALAY UNIT #5 TH S89D 06'49'E 53.23FT TH CUR LT RAD 106.5FT ARC 88.77FT CB N68D05'52'E 86.23FT TH S48D54'23'E 200.76FT TH N89D39'24'W 273.08FT TH N06D36'00'W 99.64FT TO POB ** Click here for short legal ** 2008 ;.Ex_emptions Homestead: Yes Use: 35% Ownership: 100% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value Save - Our - Homes Can 2008 Tax Information Comparable Sales Value: $1,971,700 Tax District:.M. _Improycment_ Value _per F.S. Millage: 20.3578 5.5_3.41 Just /Marl.et_Value_ $855,200 Non Ad Valorem Assessments: $.00 Assessert_Value/ S4H Cats W $837,442 Taxes: $16,232.10 History Taxable Value: $787,442 Taxes without Save - Our -Homes cap: $16,593.60 A significant change in taxable value may Taxes without any exemptions: $17,410.00 occur when sold due to changes in the market or the removal of exemptions. Click here for more information. Owner/M Property Address Sale Date Book/Page Price Q/U Vi . Address 5/2007 15783/708 $5,900 U I PENNOCK, ROBERT M II 9/1996 9458/1002 $340,000 Q I VAN ASDALE, MELODIE A 7/1990 7326/1258 $200,000 Q I 665 BAY ESPLANADE # 665 BAY ESPLANADE 10/1986 6340/555 $260,000 Q I 3 CLEARWATER FL Plat Year Plat Book/Page(s) 33767 -1598 1929 020/048 Parcel Information Book/Page: Land Use: Multi - Family 15546/2262 - Less ... (0- a) Census Tract: 260.02 http: / /www.pcpao.org/gencral _ radet.php ?pn= 1529055475607700601 7/1/2009 Property Appraiser General Information: 05/29/15/54756/077 /0060 Card 1 Page 2 of 4 Land. Information Seawall: Yes Frontage: River /Canal View: Land Use Land Size Unit Value Units Method Multi - Family - Less than 10 units(08) 155.00 10,033.66 S Rivers and Lakes, Submerged Lands(95) 1,000.00 .54 A Structural Elements Foundation: Continuous Wall Floor System: Slab on Grade Exterior Wall: Concrete Block Stucco/Reclad Roof Frame: Flat -Shed Roof Cover: Built -up Tar & Gravel - Other Flat 2 Stories Floor Finish: Carpet/Vinyl/Asphalt/Soft Wood/Terazzo Interior Finish: Drywall/Plaster Fixtures: 20 Quality: Above Average Year Built: 1967 Effective Age: 30 Heating: Central Duct Cooling: Cooling (Central) Other Depreciation: 0 Functional Depreciation: 0 Economic Depreciation: 0 Open plot in New Window View Floor: 1 2 Click here if screen is blank http://www.pcpao.org/gencral—radet.php?pn=l 5 2905 5475 607700601 _ _.i_ �,._ E. 7/1/2009 Property Appraiser General Information: 05/29/15/54756/077 /0060 Card 1 Description Base Area :Base Semi Finished Wiper Story Finished Utility Room Finished Screen Porch. Finished. Open Porch_Ftsheci Utility Room Unfinished Page 3 of 4 Sub Area Information Residential Extra Features Living Area FP Gross _Area W Factor Effective _FtZ 2,188 2,188 1.00 2,188 224 224 .80 179 2,188 2,188 .90 1,969 96 .35 34 440 .25 110 759 .20 152 50 .25 13 Total Living SF: 4,600 Total Gross SF: 5,945 Total Effective SF: 4,644 http: / /www.pcpao.org/gencral _ radet.php ?pn= 1529055475607700601 7/1/2009 Residential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year Dock 17X39 $40.00 663 $26,520.00 $14,850.00 1974 Pool 416 SF $21,000.00 1 $21,000.00 $11,760.00 1974 Patio /Deck X -TRA $9.50 200 $1,900.00 $760.00 1974 http: / /www.pcpao.org/gencral _ radet.php ?pn= 1529055475607700601 7/1/2009 Property Appraiser General Information: 05/29/15/54756/077/0060 Card I Page 4 of 4 Radius �iEl I Aerials: F2007 Color Transparency: Update. (feet ):F9 If you do not see map, the SVG viewer has not been installed. Click here for information and installati on. How to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word document; Select "Paste Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right-click on the map; Select "This Frame"; Select "Open yrame in New Window"; Print from the new window. Interactive Mar) of this Sales Back to Search New Tax Collector parcel, -ce wry Results Search hiforniatioii - Qu - Question/ ent Comm about this - 11_111 1 1.1.1111.11.11 . . . ........... . ... ------- PAT http://www.pcpao.org/general—radet.php?pn=1529055475607700601 7/l/2009 Welcome to VDB on the Web Aerial Photography: 12007 Color Transparency (0-0- In q 1.0 Page 1 :)f - Theme Description J This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pcpao.org /vdb.php 7/1/2009 n; 5t w° Iii rh 500 ft �tl! Aerial Photography: 12007 Color Transparency (0-0- In q 1.0 Page 1 :)f - Theme Description J This is the default set. It has no data layers, just linework. All of the map layers are black. http: / /vdb.pcpao.org /vdb.php 7/1/2009 •' ""�'-+- CITY OF CLEARWATER �;� _z PLANNING AND DEVELOPMENT SERVICES - MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 E�," PHONE (727) 562 -4567 FAX (727) 562 -4576 www.myclearwater.com/epermits CASE SUMMARY OCL8009601 665 BAY ESPLANADE #3 MELODIE A VAN ASDALE Bus phone: 360- 779 -3257, Co -owner is Robert Pennock PEOPLE Role: Business Owner Business Owner MELODIE A VAN ASDALE 665 BAY ESPLANADE #3 CLEARWATER, FL 33767 ROBERT PENNOCK 665 BAY ESPLANADE #3 CLEARWATER, FL 33767 PHONE: 727 - 441 -1475 FAX: No Fax PHONE: 727 - 441 -1475 FAX: No Fax FEES Quantity 091040 RENTAL: CONDO/TOWNHOUSE -30 4 Assessed Amount Amount Paid Balance Due BUSINESS TAX - RENEWAL $123.00 $91.50 $31.50 LICENSE FEE - RENEWAL $273.75 $273.75 $0.00 OCTOBER DELINQUENT 10 $3.00 $3.00 $Q.00 Total $399.75 $368.25 $31.50 OCCUPATIONAL LICENSE Category Quantity 091040 RENTAL: CONDO/TOWNHOUSE -30 4 ACTIVITIES Date 1 Date 2 Date 3 Renewal Notice 7/25/2001 7/01 BATCH Renewal Notice 7/27/2002 FY 02/03 BATCH Renewal Notice 7/18/2000 7/00 BATCH Renewal Notice 7/25/1997 7/97 BATCH Renewal Notice 7/21/1999 7/99 BATCH Renewal Notice 7/28/1998 7/98 BATCH Issue License 6/16/1997 Issue License Issue License - RENEWAL 9/18/1997 11/2/1998 # Employees 1 Done Disp By DONE MBW DONE JVS DONE BLS rAForms \I nfoSummary.rpt OCUM9601 665 BAY ESPLANADE #3 Issue License - RENEWAL 10/25/1999 DONE Kathleen Bedini Delinquent Renewal Notice 12/10/2000 12/18/2000 DONE WBS 12 /00 -DLQ Issue License - RENEWAL 12/18/2000 DONE WBS 00/01, late fee waived this year only,owners were traveling and failed to have their mail forwarded,DO NOT WAIVE IN THE FUTURE Issue License - RENEWAL 8/15/2001 DONE WBS 01 -02 Issue License - RENEWAL 8/23/2002 2002 -2003 Renewal Notice 7/11/2003 03/04 Issue License - RENEWAL 8/19/2003 DONE 2003 -2004 OCL Letter Sent 2/6/2004 DONE Residential Rental Housing Educational Materials, updated 1/04 Renewal Notice 7/26/2004 04/05 Issue License - RENEWAL 8/31/2004 DONE 2004 -2005 Renewal Notice 7/22/2005 FY2005 -2006 Issue License - RENEWAL 9/7/2005 DONE 2005 -2006 Renewal Notice 7/21/2006 2006-2007 ISSUE - Business Tax Renewal 8/17/2006 DONE 2006 -2007 Renewal Notice 6/27/2007 2007/2008 Second Renewal Notice 10/11/2007 07/08 ISSUE - Business Tax Renewal 10/31/2007 DONE VJS Override - Parcel Holds 10/31/2007 VJS Renewal Notice 6/20/2008 2008 -2009 ISSUE - Business Tax Renewal 9/8/2008 DONE 2008-2009 Renewal Notice 6/26/2009 2009-2010 r: \Forms \I nfoS u m mary. rpt 1/ APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME: r Family Trust Agreement dated 2/29/84, known as the Shephard Family MAILING ADDRESS: 619 S. Gulfview Boulevard, Clearwater, FL 33767 PHONE NUMBER: (727) 442 -5107 FAX NUMBER: (727) 447 -2009 AGENT NAME: HARRY S. CLINE, ESQ . MAILING ADDRESS: Post Office Box 1669, Clearwater, FL 33757 PHONE NUMBER: (727) 441 -8966 FAX NUMBER: (727) 442 -8470 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER: WILLIAM M. SHEPHARD, as Trustee under the provisions of the She hard Family Trust Agreement -dated 2/29/84, known as the Shephard Family T MAILING ADDRESS: 619 S. Gulfview Bouelvard, Clearwater, FL 33767 PHONE NUMBER: (727) 442 -5107 FAX NUMBER: {727) 447 -2009 LEGAL DESCRIPTION: See Exhibit "A" attached hereto and made a part hereof by reference. (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS: 619 S. Gulfview w Boul va d, Clearwater, FL 33767 PARCEL NUMBER: 17- 29 -15- 05004 - 003 -0010 ZONING DISTRICT: Tourist "T" District SIZE OF SITE: Z.689 acres I L. J / acres upland trom tace of seawall; face of seawall to mean high water] CURRENT USE OF THE PROPERTY: 97 current hotel units and accessory uses consisting of rastaiirAnt, (w OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) nighclub and tiki bar facilities. HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? OnP hundred ei vbtaPn (1 1 A) HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? five (5) existing condominium units as identified on attached exhibits, to be converted to hotel /transient use a HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? five (5) condominium units IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: one hundred fifty (150' ; feet n- eignt ko) notes units. Page 1 of 2 7_0 *4 CITY OF CLEARWATER APPLICATION FOR TRANSFER OFJ J DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, 2nd FLOOR 1 PHONE (727) - 5624567 FAX (727) 5624576 - APPLICANT AND AGENT INFORMATION: APPLICANT'S NAME: r Family Trust Agreement dated 2/29/84, known as the Shephard Family MAILING ADDRESS: 619 S. Gulfview Boulevard, Clearwater, FL 33767 PHONE NUMBER: (727) 442 -5107 FAX NUMBER: (727) 447 -2009 AGENT NAME: HARRY S. CLINE, ESQ . MAILING ADDRESS: Post Office Box 1669, Clearwater, FL 33757 PHONE NUMBER: (727) 441 -8966 FAX NUMBER: (727) 442 -8470 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER: WILLIAM M. SHEPHARD, as Trustee under the provisions of the She hard Family Trust Agreement -dated 2/29/84, known as the Shephard Family T MAILING ADDRESS: 619 S. Gulfview Bouelvard, Clearwater, FL 33767 PHONE NUMBER: (727) 442 -5107 FAX NUMBER: {727) 447 -2009 LEGAL DESCRIPTION: See Exhibit "A" attached hereto and made a part hereof by reference. (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS: 619 S. Gulfview w Boul va d, Clearwater, FL 33767 PARCEL NUMBER: 17- 29 -15- 05004 - 003 -0010 ZONING DISTRICT: Tourist "T" District SIZE OF SITE: Z.689 acres I L. J / acres upland trom tace of seawall; face of seawall to mean high water] CURRENT USE OF THE PROPERTY: 97 current hotel units and accessory uses consisting of rastaiirAnt, (w OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) nighclub and tiki bar facilities. HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? OnP hundred ei vbtaPn (1 1 A) HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? five (5) existing condominium units as identified on attached exhibits, to be converted to hotel /transient use a HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? five (5) condominium units IS A HEIGHT INCREASE REQUESTED? X YES NO IF YES, HEIGHT REQUESTED: one hundred fifty (150' ; feet n- eignt ko) notes units. Page 1 of 2 7_0 *4 SITE FROM WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER: SHEPHARD'S BEACH CLUB, TNC_ and sHF.PHARnr'C RF.AcH RFSORT, T.T.0 MAILING ADDRESS: 619 S. Gulfview Boulevard, Clearwater, FL 33767 PHONE NUMBER: (727) 442 -5107 FAXNUMBER : (727) 447 -2009 LEGAL DESCRIPTION: See Exhibit "A" a tached herPtn and marlP apart harpnf by rPfPYPt (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) STREET ADDRESS: 619 S. Gulfview Boulevard, Clearwater, FL 33767 PARCEL NUMBER: 17- 29 -15- 05004 - 003 -0010 ZONING DISTRICT: Tourist "T" District SIZE OF SITE: 2-689 acres [ 2.37 acres upland from face of seawall; -119 acreG from face of seawall to mean high water]. CURRENT USE OF THE PROPERTY: 97 current hotel units and accessory uses consisting of recta „ran , (N OF HOTEL ROOMS, DWELLING UNITS. COMMERCIAL FLOOR AREA, VACANT) nightclub and tiki bar facilities. HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? five (5) condominium units to be convert Ed to eight (8) hotel units. HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? five 5) condominium nn i t c to h? Catzverf d to eight (8) hotel units. HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? X YES NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: X COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; X STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. X STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. _2L STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVDUSLY USED OR EXERCISED BY ANOTHER PERSON. X SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. X COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. Signature ofpqpperty owner or representative HARRY S. BLINE. AGENT FOR OWNER' STATE OF FLORIDA, COUNTY OF PINELLAS� Sworn to and subscribed before me this _-?Q day of November , A.D.,A9 2008 to me and /or by HARRY S. CLINE , who is personally known has pro uced as identification. ,yea az�� Notary public, my commission expires: S: app6atii n formmsiddevelopment "review /transfer of development rights application.doc II D C 01 2008 volkI * *,r - -. _r% fir Al+. CITY U17 CLb-,,.t_ Page 2 of 2 State of Florida My Commission DD674739 Expires 07/2012011 DEC 0 1 01� U�� ORA75m RA CO FORM 8. -88 Ittil, .-Jre led' this e. -]d A-D. 0 Quit AM Willia M. Shephard VI// first parf�, to William N_ phoed, as Trustee undef-+4 .—I-0 L U - _ZAmi.l_y Truit Agieeiment, daied February 29,-1984, known as the Shephar� Family Trust whose..poslaffice a4fdress is 619 GulfvieW Blvd., Clearwater, F-1 34630 second p-hily: (wk—, —d he'ei. lb& te— "fi.1 barly" ad pwy" "I istilude 4.stslar and stfusal, b-irs. le8A 1repvu;tivcs,1A!W "ipal! of indilidutth. and the succeain. and askas of cat:Wat6w, wherever the tactics, 10ftnewthp That the said first party, for and In consideration of lite sum of $ in hand paid 6 eby 4*mis4. re- y lite soLd Lecond party, Ike recadif whereof is hereby acknowledgied. does her' lease and quit-ctalm -unio the said second party forever, all;fhe right, title'. interest, claim 'and dentand which lite said first party has ijl�fsnd to lite following described lot, piece or parcel of lan&*.siluate, lying Zind being in the Counti of PiAellas Slate of Florida to-wit: See Exhibit "A" attached hereto. Full powek and authority is granted by,this deed to said Trustee or his success- ors to proter-t, conserve, sell, lease, improve, to convey either with or with- out consid4ration, to mortgage, pledge, or oterwise encumber said property ..and 6 manage and dispose of the real property or 'any parb of—it described in this recorded instrument. Subject to res�rictiofics' and easements of-record. 71 Subjeet to. that cert&in mortgage pr4fently -held b�' the Ban.k of clearwate*r, a state banking association -im the principal 'sum of $405,000 dated February 28, 1983; and filed March 4; .1983 in OR 5484 Page 1555 of the Public Records of Pinellas County, Flor-ida. This*property is not-homestead property. The Grantor resides at 500 Bluff View Drive, Bell6air Bluffs, Florida. THIS DEEQ IS RECORDED FOR THE PURPOSE- OF CORRECTING THE DATE OF TJIE SHEPHARD FAMILY TRUST AGREEMENT W*ICH SHOULD BE FEBRUARY 2%6 1WN4 "5 96- z0C To Haut and to Hold the �nrrfe.logelher with all btid sin'guicir the appurfertancitfit thirstuh . to b-PongLng or In anywiss, appertaining, and all the estate. r"I. -fille. inlerest. -1160440TY. LW iWA what- suet-er of lite said first party, either fit laup or eelitily. to Ike only proper use. benefit and 1,61104.14-01%sald Ill IffibMSS JOhErt0f, The Ud fir,, 1.riy has gigned and';Ift these Presents the clay 'a . nd yea'r first a" ituritten. Signed. led and dehivered4n .................... . . . . . . . ....... ........ ...... ......... ..................... .. . ....... . ILLIAM M6 ISHEPHAil) 7 . . ......... ..... ....... .................................. .... STATE OF FLORIDA, OF PINELLAS .COONTY this &W be I HEREBY CERTIFY that an (die me,-: A offircr duly juthori,trd in the StAir ai%)res3id and in the County atomsaid to take acknowlediments, PcQBaIl)JAPPC Vd WILLIAM M'. SHEPHARD to ine known to be-th� pryson dri.cribed in sad ube, rx.cittict! the. foregoing 111stfument and he acknow ed 1;,-f.rc mt that he vxecuted the saille. 'my 3 r day'of off CiJ Se;ll in 111c (:1)Un1$' and StAr.la,t aforcssid th' 1'� a .WII'NF.%S hand and i A.. D 19 8B. ,-. . . . . ........... 1*0 - SO NOTARY PUBLTC Ky commission expires:-. RETURN701t. 'Ah Inurinne;n 11rpared bv. Adih-,sj LAW OFFICES %, RAYMOND L . PAPAk PA- 1211 P0r49'D§ LW Olwd' FL 34616- 2.S5 Wbialli-�-iftwl , - EXHIBIT A LEGAL DESCRIPTION, Lots 1 thru 5r Blocli "C ",.- Bayside Subdivision #5, according to the map of plat thereof as recorded in Plat Book 38, Pages 38 and 39, Pubric Records of Pinellas County, Florida, and begin at the North- Weeterly corner of Lot 1, Block "C ", Bayside Subdivision #5, q$ recorded in Plat Book 38, Pages 38 and 39,-of the Public RecdPde of Pinerbas County "Florida: thence North 54 -degrees- .25'_3GtW, -6 .-14. - feet agng the Southerly line'of Gulf Boulevard; thence South 12 degrees 0'•00 "W, and parallel to the Westerly boundary of the ,said 7 Lot 1, Block "C ", Bayside• Subdivision #59 a distance boundary of 286 - feet to $14-waters of Clearwater Bay and thence Easterly along the B•bore line of Clearwater 'Bay 67 feet more or less to the interaec- tion of the shore lone of - Clearwater Bay —and the Westerly - boundary — line of said Lot 1, Block "C ", Bayside Subdivision 05, thence 'North ..12 degrees 40' 00 "E, along the*Westerly boundary of the said Lot 1, — Z C", Bayside Subdivision #5, -"5 feet -more or less to the Point of Beginning, Section_ 1.7, Township 29 South) Range 15 East, `T Pinellas Countq,orida. , p a b 2008 - i. N w PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 AFFIDAVIT N cc� Cy- INFORMATION SUBMITTED WITH APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS, 619 S. GULFVIEW BOULEVARD, CLEARWATER, FL 33767 SHEPHARD'S BEACH CLUB, LLC and SHEPHARD'S BEACH RESORT, INC. TRANSFEROR'S TO WILLIAM M. SHEPHARD, AS TRUSTEE under provisions of the Shephard Familv Trust dated 2/29/84, Known as the Shephard Familv Trust STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgements, personally appeared HARRY S. CLINE, an Attorney -at -Law, and attorney -in -fact for the parties identified herein, who is [ vf personally known to me or who [ ] has produced as identification, and who, being first duly sworn, deposes and says that: 1. This Affidavit of Ownership is made pursuant to subparagraph G,. Section 4 -1403 of the City of Clearwater's Development Code. 2. The public records reflect that SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company, and SHEPHARD'S BEACH RESORT, INC., a Florida corporation, as the record owners of five (5) residential dwellings / condominium units, transferred incident to those Special Warranty Deeds attached hereto as Exhibits "A" and "B ", which are incorporated herein by reference. 3. The public records do not reflect that the Development Rights have been conveyed, used or exercised. ` 4. The undersigned is processing an Application for Transfer of Development Rights from the hereinabove identified entities to WILLIAM M. SHEPHARD, as Trustee under the provisions of the Shephard Family Trust dated 2/29/84, known as the Shephard Family Trust, the record title owner of the sending and • receiving properties to be conveyed pursuant to the Special Warranty Deed for Transfer of Density Units Development Rights attached hereto as Exhibit "C ", for use as eight (8) hotel units incident to plans to redevelop the site. FURTHER Affiant saith not. HARRY'S CLINE, Attorney -in -Fact SWORN TO AND SUBSCRIBED before me by HARRY S. CLINE, as Attorney -in -Fact for WILLIAM M. SHEPHARD as Managing Member of SHEPHARD' S BEACH CLUB, LLC, and as President of SHEPHARD' S BEACH RESORT, INC., at Clearwater, Pinellas County, Florida, this D' day of November, 2008. Notary Public My Commission Expires: h:\ data\ aty\ hsc \shephard\affidavitowner.tdr.doc 2 Notary Pu is tale of Florida Kathleen A O'Hearn c M Commission DD674739 '� o► F� °� Expires 07 /20/2011 t� A CNQ U' I #: 2006013024 $52.50 KEN CLKDMC8 Re c SRI BK: 14867 P(#9, 01/11/2006 at 04:38 PM, "ING 6 PAGES BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: This instrument was - predared by and return to: E.D. Armstrong,d(Esquire Johnson, Pope Bokor Ruppel & Burris; 4,pv P. O. Box 6-6-8. Clearwater,lL 39757 -1368 SPECIAL WARRANTY DEED TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS -THIS INDENTURE is made on January S 2006, between TW /BEACH :^ RESIDENCES- CLEARWATER, L.L.C, a Florida limited liability company ( "Grantor"), _,iv ose post office address is 877 Executive Center Drive W., Suite 205, St. Petersburg, %F4 33702, and SHEPHARD'S BEACH RESORT, INC., a Florida corporation, ,,-__{"Grantee' ), whose post office address is 619 S. Gulfview Blvd., Clearwater, FL 33767. WITNESSETH: Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigns forever, the following described property situated in Pinellas County, Florida: Development rights comprised of three (3) residential dwelling units, two (2) of which are currently allocated to the land described on Exhibit "A" attached hereto and incorporated herein, and one (1) of which is currently allocated to the land described on Exhibit "B" attached hereto and incorporated herein (collectively, "Sender Site "), which are to be used in connection with the development of the land described on Exhibit "C" attached hereto and incorporated herein ( "Receiver Site"). lam' . � n ' FEXHIBIT z \ PINELLAS COUNTY FL OFF. REC.104867 PG 1342 to e N _f CT to applicable land use and zoning restrictions and rents, reservations and restrictions of record, if any, kre specifically not reimposed or extended hereby, :axes for the year 2006 and subsequent years. IS NOT THE HOMESTEAD OF THE GRANTOR. Grantor,'Obes hereby fully warrant the title to the density transferred and will defend-'th- 6"same against the lawful claims of all persons claiming by, through or under Grantor;,. ....TJae. tax parcel numbers for the aforedescribed property are set forth on E x l itiits "A ", "B" and "C. IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal =tlie day and year first above written. Signed, sealed and delivered in the presence of: 54e�¢r. A• L.,t1hamso -7 Print name -2- TW /BEACH RESIDENCES - CLEARWATER, L.L.C, a Florida Ii ' d liability pany rey H dl' , Vice President C3 UJ t� CJ v ey 0 09- PINELIAS COUNTY FL OFF. REC.104867 PG 1343 STATE OF COUNTYOF PIAIC-L_6451 The foregoing.instfument was acknowledged before me this _!5'`"'day of January, 2006, by Jeffrey HandlEn President of TW/Beach Residences - Clearwater, LLC, a Florida .7, limited liabili -company, who [is personally known to me] [kas--pF9dm*d- t46tarAublic Print name: -3- My Commission Expires: bi 06A'., Jayne E. Sears' Commission # DD449633 Expires September 2, 2009 > Z5. Q WS PINELLAS COUNTY FL OFF. REC.014867 PG 1344 EXHIBIT "A" SENDER SITE, H-OLDING 2 UNITS: Address: Esplanade, Clearwater Beach, Florida Parcel No `x,0%29/15/54756 /077/0060 Lega!,D4 iption: Lot--6,-, Block 77, Mandalay "The Isle of a Thousand Palms" Clearwater Beach, Unit - -;�ko.25, according to the plat thereof as recorded in Plat. Book 20, Page 27, as' sajd plat was amended by the replat thereof, recorded in Plat Book 20, Page 4a, Public Records of Pinellas County, Florida. C:D iii U PINELLAS COUNTY FL OFF. REC so 14867 PG 1345 ft SENDER SITE 1 UNIT: Address: 6261-' bay'Esplanade, Clearwater Beach, Florida Parcel No.:/'b 15/54756/078/0070 Legal DeSPTIO.(t6n: /`10,7. Block 78, Mandalay Unit #5, according to the plat thereof as 6ed in Plat Book 20, Page 27 of the Public Records of ' Pinellas County, Florida, and further described as follows: From Ahe Southeast comer of Block 78 of a Replat of Mandalay Unit #5, as recorded in Plat Book 20, Page 48, public records of Pinellas County, Florida, run North 7 degrees 19'30" West, 352.99 feet along the East boundary of said block; thence along a curve to the left of said boundary, chord bearing North 26 degrees 04'45" West a chord equals 70.73 feet and radius equals 110 feet for Point of Beginning; run thence South 43 degrees 21'34" West, 131.4 feet to the Northeasterly line of Bay Esplanade; thence a" a curve to the left and along said line, chord bearing North 65 degrees 01"22" West, chord equals 41.26 feet and radius equals 64 feet; thence North 4 degrees 13'057 East, 110.67 feet to the Northerly boundary of Block 78; thence East 41.29 feet along chord equals 84.48 feet and radius equals 110 feet, to the Point of Beginning; together with all reparian rights and submerged land pertaining to the above property and particularly including any and all submerged land lying between the East and West boundary line of -said lot as extended to dftndf -in Clearwater Bay, public records of Pinellas County, Floripi C" > PINELLAS COUNTY FL OFF. REC. 14867 PG 1346 '= EXHIBIT "C" RECEIVER SITE'- Address: 6;'�South Gulfview Boulevard, Clearwater Beach, Florida Parcel NoZ .,-1; 9/15/05004/003/0010 and 17/29/15/00000/220 /0100 Legal Qoscripton: Lotsr1;•tlu05, Block "C ", Bayside Subdivision #5, according to the map or plat thereof as rectiToed in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, a _bpgln at the northwesterly comer of Lot 1, Block "C ", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, ,Aorida; thence N 54 125'30" W., 65.14 feet along the southerly line of Gulf Boulevard; °tfieoce S 12 040'00" W., and parallel to the westerly boundary of the said Lot 1, Block 1�1 "C ", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of '` Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet l^ '-J, ,.._:,-more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C ", Bayside Subdivision #5, thence N 12 1140'00" E., along the westerly boundary of the said Lot 1, Block "C ", bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. Cn k,S�E U Z5-. Cam! �t- LU .y8, �k. I #: 2006094956 BK: 14989 PC 238, 03/15/2006 at 10:24 AM, IRDING 2 PAGES $18.50 D DOC STAMP COLLECTION $1330.00 KEN BURKE, CLERK OF cQURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM02 Prepared by and return to: Stephen G. Watts Attorney at Law ` Stephen G. Watts, P.A. 606 Druid Road Clearwater, FL 33756 727 -461 -3232 'r File Number: [Space Above This Line For Recording Data] Density Transfer Warrantv Deed This Indentur6ihade this day of Mi4 414, 2006 between CLEARWATER BEACH SALES CENTER, LLC whose post office addresses 20001 Gulf Boulevard, Suite 5, Indian Shores, FL 33785, grantor, and SHEPHARD'S BEACH CLUB, LLg,,, #4 ode post office address is 619 S. Gulfview Boulevard, Clearwater, FL 33767, grantee: Whenever-'used\ herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs,legal'=fepresentatives, and assigns of individuals, and the successors and assigns of corporations, seth, that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other nd valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby ledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever TWO OF DENSITY from the following described land, situate, lying and being in the City of Clearwater, County of State of Florida to -wit: Lot 5, Block B, BAYSIDE SUBDIVISION No. 5, according to the plat thereof as recorded in Plat Book 38, Page(s) 38 and 39, Public Records of Pinellas County, Florida To be used by the Grantee in connection with development to be constructed on the following described land, situate, lying and being in the City of Clearwater, County of Pinellas, State of Florida, to -wit: Lots 1 through 5, Block C, BAYSIDE SUBDIVISION No. 5, according to the plat thereof as recorded in Plat Book 38, Page 38, Public Records of Pinellas County, Florida In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written intending hereby to restrict, in perpetuity, the use of the property first described above. Signed, sealed and delivered in our presence: 0 tv Aft,.t�� Witness Name: CLEAR ER BEACH SALES C ER, LLC g_ Seal c», ELY V. AGE, fg ( ) zo ® � VA C%j x � •La (Seal) X F0 J. PAGE, Manager V jv fs BY (Seal) R E GILLIS, Manager tn ZZ OD- EXHIBIT DoublelnmO PINELLAS COUNTY FL OFF. REC t 14969 PG 1239 Witness Name: State of FLORIDA County of PINELLAS The for oing instrument was acknowledged before me this day of March, 2006 by EVELYN PAGE, who L are personally known or [X] have produced a driver's ice s s identification. [Notary Seal] _,, tary P blic VP� °'% Stephen Printed Namn G W�a My Commisslof`t. ° „',[;,:,t Expires: Atian BMd Ct6 ZX State of FLORIDA County ofP,fNLIAS The fore&o ginstrument was acknowledged before me this da of ar , 2006 by STEPHEN J. PAGE, who ✓ is persona Anown or — has produced a driver's license as ide fic i i Note Pu c ,,...,,, . : Stephen G. Watts Printed N , :c {Notary Seal] - 9iF Commissioh.�s..__ -� 1Tnv State of FLORIDA C/un PINELLAS T 0ing instrument was acknowledged before me this ay of March, 2006 by GEORGETTE GILLIS, who _ is personally known or _ has produced a driver's licen e s . ti cation. Vary P blic [Notary Seal] "'r'P''•, Stephen G. Watts Printed Nar9K' � DD1445n Q- Commission gwi:ntL- sondi,,oem Me Warranty Deed - Page 2 I— C” q UK— DoubleTm e :s, V 4s- �rt LZI 1 PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 SPECIAL WARRANTY DEED TRANSFER OF DENSITY UNIT DEVELOPMENT RIGHTS THIS INDENTURE made this day of , 2008, by and between SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company and SHEPHARD'S BEACH RESORT, INC., a Florida corporation, of the County of Pinellas, in the State of Florida, Party of the First Part, whose mailing address is: 619 S. Gulfview Boulevard, Clearwater, FL 33767, and WILLIAM M. SHEPHARD, as Trustee under the provisions of the Shephard Family Trust dated 2/29/84, known as the Shephard Family Trust, with full power and authority to either protect, conserve and to sell, lease, encumber, or otherwise dispose of the real property described herein, of the County of Pinellas, in the State of Florida, Party of the Second Part, whose mailing address is: 619 S. Gulfview Boulevard, Clearwater, FL 33767, W I T N E S S E T H: That the said Party of the First Part, for and in consider- ation of the sum of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Party of the Second Part, its successors and assigns forever, the following described land, situate lying and being in the County of Pinellas, State of Florida, to -wit: Development Rights comprised of five (5) residential dwelling units or condominium units were received by Grantors in deed dated 1/5/06 as recorded in O.R. Book 14867, page 1341, and deed dated 3/9/06 as recorded in O.R. Book 14989, page 1238, public records of Pinellas County, Florida, which units are currently allocated to the lands described on Exhibit "A" attached hereto and EXHIBIT 8ti C5 . incorporated herein by reference. The Grantee herein, owner of the properties described on attached Exhibit "A" is to be the recipient of the said Development Rights, which are transferred to the same property but to the current owner of said properties, and to be converted and used as eight (8) hotel units on the Exhibit "A" properties [the "Receiver Site "]. Subject to applicable land use and zoning restrictions and to easements, reservations and restrictions of record, if any, which are specifically not reimposed or extended hereby, and to taxes for the year 2008 and subsequent years. Parcel I.D. No. 17- 29 -15- 05004 - 003 -0010 TO HAVE AND TO HOLD, the same in fee simple forever. AND the Party of the First Part hereby covenants with the said Party of the Second Part that is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Party of the First Part, but not otherwise. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal the day and year first above writ- ten. Signed, Sealed and Delivered in Our Presence: Print Name Print Name As to "Party of the First Part" Print Name Print Name As to "Party of the First Part" 2 SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company By: (SEAL) William M. Shephard, Managing Member ® 5 0 C -A 4 vi P , SHEPHARD'S BEACH RESORT, INC., C. ,_J a Florida corporation By: (SEAL) William M. Shephard, 4 :c. f Z President STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WILLIAM M. SHEPHARD, as Managing Member of SHEPHARD'S BEACH CLUB, LLC, a Florida limited liability company, to me personally known or who has produced as identification and who did take an oath, and known to me to be the individual described in and who executed the foregoing instru- ment as said member and he acknowledged before me that he executed the same for the purposes therein expressed on behalf of said company. WITNESS my hand -- .and-- of.fi_cia1 .sPal__ar, Clearwater, said County and State, this day of , 2008. Notary Public Print Name My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WILLIAM M. SHEPHARD, as President of SHEPHARD'S BEACH RESORT, INC., a Florida corporation, to me personally known or who has produced as identification and who did take an oath, and known to me to be the individual described in and who executed the foregoing instrument as said officer and he acknowledged before me that he executed the same for the purposes therein expressed on behalf of said company. WITNESS my hand and official seal at Clearwater, said County and State, this day of , 2008. h:\ data\at y\hscl shcphardspccialwarrentydccd.tdr. doc -3- Notary Public Print Name My Commission Expires: .�, CS ELA Im ru Z � .�"�.. _ _ r � �,�: �` Se,r\Atr 51-k f.- cm C oe; �. vi c.vv.r .ti. vv 1•:]11 e L t J.710J0.7 3esc riip6on.-- XCfer i Cot 88131-936 —' ..n.ow► Man a u oo roam e sib OR6758P616.31 William R. shepherd AwPad).Je. William f. Shepbard, as Trustee under the provisions of the sbopmcd Tardy Trust Agreeoeut, dated February 29, 1984, knowel as the sbepbard Family Trust r"i°r-t'1"� a'd"•�b 619 Culfyiew Blvd., Clearwater, F1 34630 .r.vni put,: wwY ." U.A. A. ft— -s r He ..t d.a Via .•r•+.e.J rV.A L:.. 6.J. Wbt"- T1r 11. rii that pre),. fr ..1 1. oow.ila..B.we ./ dw arm . j S --a. :. Load P.d ty A* Ma M."d Padf. 16 MO OM e.1r,..f in &MAY 0&.W6ip4 i.0 1.d, a..ei.k ..- k— -J T,a<Id. a.►. dr had aagmwi P.* lure+« ON dr 4k ad.. bdrant. ad" ad J..wood "" 11. a.ti (but p.tr 6r i...4 a► a6 (.I A.." 14 pi w r p.oi of l..ei. stl.riq 10/ -4 i.a @ in 16 Cady of Pinellss 306y.1 _ iocida , a. -..a: SN lb ibit W attacled hereto. loll power and authocity is granted by this deed to said 2rsatee or his success - ats to Protect, oonserw, sell, loose, iaproae, to convey either vitb or with- out consideration, to nor -bq& e, Pledge, Or oterwiee escs ber said property n this an"* Instrument. i p of � coal. property of any port of it described fkbjeat to restrtetiars and s"Immets= of record_ subject to that certain rort9ep peasentiy beid by the &ask of Ctanr water 0 a state henkisg eseoeistios is the Ptincipsl sac of $404,000 dated Feticsery 2f, ifs3, ad fled xsrcp 4, IM3 in O! 5484 P"t 1555 of the. P*blic peaords of Pinellas CbostT, Florida, TA" PropertT is Oct bwesteed property. The Grantor resides at SAO bluff View Drive, felleair fluffs, rl"Ida. TUS D= IS MOtxf>x1D FOR " PU82G M or CORMaCrIN 7R Syi*JNi�[ID nn= T&DGT MMOZ M W/Ics GNMD M now ha 21, f[OOh DO i Mc IT*rs 2 TO JIM M i it M A. ,.a.dw.r w& .1 .4 >.mp-16 a6 ago .ri- ..dli= Ae.r.1• i.ie.p...► �Or7•i. aPPwwY.eesi. aaj �, dv e.ldR.ioil ad., awie.,r.�•l�'�.i�8i1ti.1.i. a••r'r '•f der a J And p.*. iiet 1. ".r &*any. 1r tie *4 W pw w. Lw,4u and 6ii{W I6 sad awowJrrlr liwwe.. ha+ pwb 4.. S*" Md an.W e1... P'aM•y 11.1., ..1,aw YA s1vd J 1.i...a tt. �. wII,�IAx N. snot � _ r- ay � "ATL or F&OF.M 1, OOUN" (W PINELL S 1 UU=y CUTI" d.t,.. eel i , bZk.- .mss+ r.rr dl tjr ..A d w in dr .Auer a&—*m rr.i L. de' Cw.q nisi! w e., �A.reM IISLLiL1I x. S8R11&1AS) F" soon" Rare. r be d. Paw.. Awwawi in J-4. "be ea.a.ed At iaPei.f h-- a.i he .dr+ieipd dos be e..r red dr r.e- WiTIUM U"-had -pi rb! cal in da vo art ai. . -. a•: -r'f 'o., :r L D N t• _d xy coons Loa iresI ma km wx p7awd y: Tct' _U_•_e 11" _ ! - -.e,.��r. Omnr•nrary Ts f1L -1::. i.:_...: 1�Vr�TS 1. tate•r'� In tllor�&�a►R> 4 RNJUN'Furt 07'1 =0. F •SO_: Pfnellas,FLDocument- Book.Page 6758 1631 Page. 1 of 2: C) :sl 0 C79 Q C"J r '` 9 UUL /UU3 a4� tr �y N L LM A .ScT r`r aU f li.6Y -t't5,n ft t.1 aZYtoao�- IffiNbUN YUYL' 1p) UU3/ VUJi 7Z u OR6758PG 1 632 Palau A La{CAL lfxnlPflal- Lets 1 lore 5, Block "C'. lqside Subdivision 05, aecordtot to t1s wop at plat tharod so teoordad la plat look 3i, pug" 34 and 39, Publit taootft of Pinalao Coo+sty, ilortda, and. beWt at the vottb- seeteclf esrarr or Lot 1, Aleck 'C', soyalde ftbdirtsioa 05, U. socordad is Plat look. 3f, Palo. 34 and - 29, of the M116:124=46 of final County nisridet tbasto Worth 54 degrees 25` 30*V,. 63.14 feet .aleal tbo SottSsrly 2taa of Ctlf loalorsrd{ tWce South 12 dorms 40. 00'Y, and parallel to the Yeaterly boundary of the said Lot 1, stock 'Co, loysids Sa►divtoioo 15, a distssso 66sadesy of. 296 feet to the voters of Cloaswtor lay mad thanca saottar aloes us Abs" ilea of Closrrator US 67 feet one er :loos to the iatersoc- ties d the sbaa line of Clearwater f y:a" the Ve,tazly ►oaadaty liar of soil Let 1, Moak 'C", loyal" 6bww"Ioo t3,, thssas vortb li &WM69 ii' 00'!, aloes. the Ysstatly low"M of the Sold Lot I, Eleek 'C', Ayrlio J;rb4h4st4e f5. 293 foot wore or loo to the foist of soma►- , font" 17, ?aoasilp 29 fasts, &MV 13 lost, tiasllas Cssdy, norida. ©esc7fp6on Pinellas,FL Document= BookPage 6758:1631 Page: 2 of 2 Order- 1 Comment_ U7 =l 2" �- f�i 0 ©esc7fp6on Pinellas,FL Document= BookPage 6758:1631 Page: 2 of 2 Order- 1 Comment_ �1Z1 PAGES C EEC DR219 ----7Z- cIS KART D F. DE RLA , CLERK OF UNT PRELAS COUNTY, FLORIDA N3015006 05 -20 -2002 15:17:23 CM 51 DED- P9M,ROERT K ANT ID:C2139199 DK:12022 S €S:22Ifi EPG:22i9 FEES MTF -_ - - R DING 003 PEES 1 ►vtTF _ 515.00 PIC - DOC STAMP - DR219 .3 5.70 REV - TOTAL; $15.70 -. TOTAL CK PMT.TFtED: #15.70 - CK BAL CFA:. CHG AAdT DE€'LiTY CLERK 02- 199199 MRY -28 -2002 4:17pM PINELLAS CO 9K 12022 PG 2217 11111110 HE 111111111111111f1111111111111 THIS WARRANTY DEED made phis.:; '� day of A.D. , 2002, between ROBERT M. PENNQCK,)& single man, and XELODIE A. FERGUSON, a single woman, of the County of Pinellas, in the State of Florida, whose _mailing address is 665 Bay Esplanade, #3, Clearwater Beach, FL 33767, party of the first part, and MELODIE A. FERGUSON, as Trustee, under 'agreement dated May 24 , 2002. made by MELODIE A. FERGUSON, aA;--..G�tantor, of the County of Pinellas in the State of Florida, :party. of the second part, whose mailing address is 665 Bay Esplanade-,,'#3, Clearwater Beach, FL 33767; WITNESSETH, That' the' s-aid party of the first part, for and in consideration of the -su_ "-off' :Ten Dollars and other good and valuable considerations, to him` n`,And paid by the said party of the second. part, the receipt-. whpkiof is hereby acknowledged, has granted, bargained and sold t-9 the said party of the second part, his heirs and assigns forever,"th.e following described land, situate, lying and being in the_66'U"nty of Pinellas, State of Florida, to -wit: A TWENTY- P'IVE;.PERCENT INTEREST IN AND TO THE .FOLLOWING DESCRIBED REAL PROPERTY: Lot 6: :'Bl.oek' 77, MANDALAY UNIT NO. 5, according to plat thereof, recorded in Plat.Book 20, Page 27, Public Records _ of Pznelfas County, Florida. Subi-P. fto easements and restrictions of record and taxes for -_ the yeah; 2002 and subsequent years. The - -Grantor of the referenced trust confirms that under the terpds of sa -id Trust, Grantor has retained a beneficial interest for li €.e...aM-1s entitled to a homestead exemption pursuant to the pr'oV1e -lo'0s of Florida Statute 196.041, or successor statute. `.This transfer involves no monetary consideration and there is `s'fii:fting h-0 of the economic burden. This deed is not subject to documentary stamps because the Grantor is the sole beneficiary of the trust during the Grantor's lifetime. THIS 1NSTRUVI ENT PREPARED BY (A r4-.M= 70) DONALD R HALL; AT MM GM AND HALL, P.A. 2W50 U.S: HWY. t9lV., 8t W 4 CLEARWATER. FL 3M4=4 r C PINELLRS COUNTY FLA. ` -- OFF , REC , BK 12D22 PG 2218 The said party of the first part does hereby fully warrant the title to said land, _ and will defend--. the : same against the lawful claims of all persons whomsoever. Wherever used herein, the term ''_party" shall include the heirs, personal representatives, successors and /or assigns of the respective parties hereto; the ,arse '`of.; the singular number shall include the - plural, and the pliirai.,-tHe singular; the use of any gender shall include all genders..;, .;Where used herein, the terms "Grantor ", "Grantee" and "Tru�tee!!..`shall be construed as singular or plural as the text requires::, The Grantee shall have the ...independent power and authority to protect, conserve, and to 'selx ;';or to lease, or to encumber, or otherwise to manage and d%spose".of the real property conveyed by this deed, pursuant to'-F,lorida Statute 689_071, or successor statute. Any Successor ; Trustees are hereby granted the power to protect, conserve arid.: to`:.sell, or to lease, or to encumber, or otherwise to manage 'a.na•,:d spose of the real property described in this deed. The powers,.`. 6f,, and all Successor Trustees shall extend to any and 'l1 " ights which the Grantor possesses in the above - described.: heal. property; any deed, mortgage, or other instrument executieck..; by the Trustee shall convey all rights or interests of:•thezGrantor including homestead; and the Trustee is appointed a the zittorney -in -fact for the Grantor to carry out this intent, which .. appointment shall be durable and shall not be affected },the incapacity of the Grantor. Any person dealing with the Trustee shall deal with said Trustee 'and ' =.any successor Trustees as provided in the Trust Agreemeht:::_'However,_no person shall deal with a Successor Trustee until:. me . or more of the following have been received by said pers-,9 -9r',placed of record in the aforementioned county: A' The written resignation of the prior Trustee sworn to and acknowledged before a notary public. B C. A certified death certificate of the prior Trustee. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. - - L \�Ly - C E C.' 0 l 2000 FINELLRS COUNTY FLR• OFF .REC,BK 12022 PG 2215 Z D. The written certificates of: two !.'-physicians currently practicing medicine that the - -..Trustee ae is physically or mentally incapable of handling -.the " duties of Trustee. E. The written removal of a Suc6qssor Trustee and/or the appointment of an additio -..',Sgqcessor Trustee-, sworn to And acknowledged before.': 4---notaiy public. IN WITNESS WHEREOF, the of the first part has hereunto set his hand and seal . thd.,c�ay and year first above writ- ten. e ed, Sealed and-Delivered d, I in e Presence of: (SEAL) Robert M. Pennock (SEAL) rgIf Mel die A. Fe son WITNESSES AS TO BOTfi PTZES STATE OF FLORIDA-,`-, COUNTY OF CERTTFY That PINELI-.,A- I HEREBY: on this day personally appeared before �Y.-" me, an officer 'd#ly authorized to administer oaths and take ac- knowledgmenj. M. PENNOCK, a single man, and MELODIE A. FERGUSON, a -10 woman., who are personally known to me or who have produced a Florida Driver's License as identification, and who executed.. the--,.f6rregoing deed, and they acknowledged before me that they executed' •the same freely and voluntarily for the purposes therein-e Z WITNESS I-_ _jEISS my hand and official seal at Clear ater, County of Pine-11, ;',And State of Florid his day of 7 . A.D. 2002. '. Notary lic Donald P_ Hog W COMMISSION* CaS5411 EX MES November 14, 2003 my commission Expires: This deed has been prepared at the- "'Grantor's request without examination or legal opinion -of-title. 2900 S KARIEEN F. DE gtM, CLERK OF CWJ FINE iAS COM, FLORIDA PAGES t ACCT - i�1M 05-2 -2002 16.20:49 GM REG 51 DED-E' C,h BE'n' hi DR219 yZ, 0049 Ds _ - I #:0219` l FK.I20`'�2 T_G :2� E11R.M . VT _ _ _ REMRDIrb 003 PASS 1 $15.00 FEES _ DOC STAB? - DR219 3 $_70 MTF P/C TOTAL: REV DFA AMMENDGED. TC}TAL - ( f�; �: - CK SAL 13K�EFi1CTY Cf ER4C Cl IG Aim 02 -199211 MAY-28-2002 4 PINELLAS CO 8K 12022 PG �91Di88i - 11!!IU !!QI II(!i 11� 1!111 VIII I(n 11� 111 UI! THIS WARRANTY DEED made th3.s;' 2- + day of A.D. 2002, between ROBERT M. PENN�DCX,' single man, and IMELODIE A. FERGUSON, a single woman, of tfie County of Pinellas, in the State of Florida, whose. mailing address is 665 Bay Esplanade, #3, Clearwater Beach, FL 33767,. party of the first part, and ROBERT M. PENNOCK, II, as Trustee, zirider. a. reement dated May 24 , 2002, made by ROBERT M. PENNOCK,`'as'Grantor, of the County of Pinellas in the "State of Florida, . party,_ cif the second part, whose mailing address is 665 Bay Esplana' 43, Clearwater Beach, FL 33767; WITNESSETH, That the said party of the first part, for and in consideration of the ` sui" -- of;Ten Dollars and other good and valuable considerations, to .h1m=l,.,n ..f!*and paid by the said party of the second part, the receipt;' whereof is hereby acknowledged, has granted, bargained and sold. to th'e said party of the second part, his heirs and assigns fore-vei�,`-the following described land, situate, lying and being in the..Ceunty of Pinellas, State of Florida, to -wit: A SEVENTY -=FIB :'PERCENT INTEREST IN AND TO THE FOLLOWING DESCRIBED REAL PROPERTY: Lot 64 ,=Bl4Gk 77, MANDALAY UNIT NO. 5, according to plat thereof; recorded in Plat Book 20, Page 27, Public Records of P... ias County, Florida. SuBj.. .,e6t to easements and restrictions of record and taxes for the Ye4r;'2002 and subsequent years. ithe�`Grantor of the referenced trust confirms that under the terms -6`k s2eid Trust, Grantor has retained a beneficial interest for lif,6-- and-•-is entitled to a homestead exemption pursuant to the proVItlons of Florida.Statute 196.041, or successor statute. `.This transfer involves no monetary consideration and there is no it of the economic burden. This deed 'is not subject to documentary stamps because the Grantor is the sole beneficiary of the trust during the Grantor's lifetime. ---=- IM-INSMUMENT PWAR ED SY(A RM= TJ)) DONALD A. HALL, ATM FM � L o � �00� GM AND HALL, P.A. U. HWY.19N., 8UtT>i 402 CLMWATER FL_ $15.20 $15.70 $.0 : 20pn ,r P ENELLRS COUNTY FLR , -- OFF.REC.BK 12022 PG 2287 The said party of the first part .doer hereby fully warrant the title to said land, and will defend" same against the lawful claims of all persons whomsoever. Wherever used herein, the 6#ta. `wparty" shall include the heirs, personal representatives, 'successors and /or assigns of the respective parties hereto; the ..use "of:='the singular number shall include the plural and the pluXaZ;tfi singular; the use of any gender shall include all genders.;= '';Where used herein, the terms "Grantor", "Grantee" and "Trustee "� shall be construed as singular or plural as the text requires."'__:.,, The Grantee shall have, the,.,independent power and authority to protect, conserve, and to sell,`..or to lease, or to encumber, or otherwise to manage and di`spose.`of the real property conveyed by this deed, pursuant to`- -•-,`lo ida. Statute 689.071, or successor statute. Any Successor Trustees are hereby granted the power to protect, conserve and- ._to':sell, or to lease, or to encumber, or otherwise to manage' and,:,di'spose of the real property described in this deed. The powers.`o'. -the: Trustees and all Successor Trustees shall extend to any and aI3` rig hts which the Grantor possesses in the above - described i.rea property; any deed, mortgage, or other instrument eecuted.;'by the Trustee shall convey all rights or interests of..:'the:�Grantor including homestead; and the Trustee is appointed as: tl `rae . attorney -in -fact for the Grantor to carry out this intent, which ppointment shall be durable and shall not be affected by, the incapacity of the Grantor. Any p.grsori dealing with the Trustee shall deal with said Trustee -. an any successor Trustees as provided in the Trust Agreeme# :`-- However, no person shall deal with a Successor Trustee until,. orm-. , -or more of the following have been received by said pers:on-- or '•placed of record in the aforementioned county: The written resignation of the prior Trustee sworn to and acknowledged before a notary public. 'B: A certified death certificate of the prior Trustee. The order of a court of competent jurisdiction adjudicating the prior Trustee incompetent, or removing said Trustee for any reason. P I NELLRS Cous-re OFF . REC .SK 12022 PG 22E8 D. The written certificates of: ....two `physicians h icians currently .. practicing medicine that the ,,Ti�a-tee, is physically or mentally incapable of hand�14n91. ,)the duties.of Trustee. E. The written removal, of a Sucdessor Trustee and/or the appointment of an additional Suecessar Trustee, sworn to and acknowledged before.` a'`hot ary public_ IN WITNESS WHEREOF, the sa_id__Party of the first part has hereunto set his hand and seal th6i,,day and year first above writ- ten. SIC[ned, Sealed and Delivered n he Presence of: (SEAL) M'YN)E-, L L /L 4tC- R6bert M. Pennock (SEAL) Mel die A. Fergu5(on WITNESSES AS To BOAT` OT 'PARTIES STATE OF FLORIDA' COUNTY OF PINEL I HEREBY .:C_ EATIVY That on this day personally appeared before me, an offic4K - doly authorized to administer oaths and take aa- knowledgmeAts-'-.`ROBERT M. PENNOCK, a single man, and MELODIE A. FERGUSON, a -Js1pgl6 woman, who are personally known to me or who have produ6ed a Florida Driver's License as identification, and who e ecuted. X, - the.-.•.foregoing deed, and they acknowledged before me that they ex�cut.0`-.t�he same freely and voluntarily for the purposes therein- e� 14 Tressed. . . ........ : W]�TNESS my hand and of4cial-seal at Clearwater, County of Pinelfap,"'and State of Florid is 2,,!Cf day of 'PLA114-4, A.D. 200,2..1. Notary is % Donald P. Hall 1yC0MM1SS10N*Ccwjj WM14y Commission. Expires: November 14,203 I'M 1WYFAWLUSMVtCE WC This deed has been prepared at the Grantor's. request without examination or legal opinion of title. L 2000 L APPL1curs NAME MAILING ADDRESS PHONE NUMBER AGENT NAME MAILING ADDRESS PHONENUMSER ORIGINAL CITY OF CLI,;ARWATER . AI.'PLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BU.ILDINQ 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (813) - 562.4567 FAX(813)562-4516 D AGENT INFORMATION: Shephards Beach Resort, Inc. .__61()_'3_ h,il fvi pwr RT•,.I Clearwater, FL 33767 727- 442 -5107 FAXNUMBER : 727-447 -2009 E.D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, 911 Cbe -tnu Street. Clearwater, FL 33756 : 727 - 461 -1818 FAX NUMBER: 727- 462 -0365 SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): William M. Shephard, as Trustee under the provisions of the PROPERTY OWNER Shephard Family Trust Agreement, dated February 29, _1984 MAILING'# ADDRESS : __619 ..� _ G„1 fv.iew R1- Jd , Clearwater, FL 33767 PHONENUMBER :727-442-5107 FAXNUMBER : 727 - 447 -2009 LEGAL DESCRIPTION : _Saa F.xhihit "A" at-t- acha.1 Of IN METES AND BOUNDS, ATTACH A SEPARATE SHEEYI _ l STREET ppOREgg 619 -S : " Gulfview Blvd. PARCELNUMBER 17- 29 -15- 05004- 003 -0010 Nov E - ZONING DISTRICT T SIZE OF SITE 1.-878 Acres PLk"� s..,�.. CURRENT USE OF THE PROPERTY 97 unit full service hotel • I >r OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL KDOR AREA, VACANT) Seeking termination of non - conforming st tus HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED To THIS SITE? as to density - See Density Table in Com Infill Application. HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 16 units, 10 of which are from sender si e HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? YES X NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTED? - X— YES NO IF YES, HEIGHT REQUESTED: 1451 2"- � o ok ! ww' ORIGINAL SITE FRAM, WHICH THE TDR WILL BE TRANSFERRED (sender site): PROPERTY OWNER : _Heds'on. L.L.C. MAKING ADDRESS : 669 Mandalay Avenue, Clearwater, FL 33767 PHONE NUMBER FAX NUMBER LEGAL DESCRIPTION See Exhibit "B" attached (IF IN MES AND BOUNDS, ATTACM A SF-PARATR aNMT) STREET ADDRESS 669 Mandalay Avenue PARCELNUMBER 05- 29 -15- 54747 - 084 -0090 ZONING DISTRICT T 'G1 7-71 :7 SIZE OF SITE .282 acres CURRENT US£ OF THE PROPERTY 31 unit hotel Ninv 0 2 1005 • (/ OF HOTEL ROOMS, OWULINO UNITS, COMMERCIAL FLo6R AREA, VACANT) .. �� ,PLANKIKA ?) �NENT HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO. THIS SITE? 11 ('ITN M- ri r±P s*>W !:P HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? 10 HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED To OR FROM THIS PROPERTY? YES X NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: V/ COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED / TO ANOTHER PERSON. ,,/TO STATEMENT THAT THE DEVELOPMENT RIGHTS HAVE NOT BEEN PREVIOUSLY USED OR EXERCISED BY ANOTHER PERSON. -7 SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE OR ACREAGE OF EACH SITE. -�r COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge. -z� Signature of prupeiTy owner or representative E.D. Armstrong III STATE OF FLORIDA, COUNTY OF PINEL��►8 Sworn to and subscribed before me this _ 215}5 day of November A.D., to me and /or byE.D. Armstrong III , who Is personal) known �xxxxxxxxxxxxxxxxxxxx xxxxi* v.vwly Nuuuc, my commission expires: (1 — P GINA LCANOPA MY COMMISSION * DD •ofw- t�pp, ;N )TARY FL Notary S_- & Bonding. Inc. Pas ®z or z EXHIBIT "A" To Density Agreement ORIGINAL Lots 1 thru 5, Block "C ", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C ", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54 025'30" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12 040'00" W., and parallel to the westerly boundary of the said Lot 1, Block "C ", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C ", Bayside Subdivision #5, thence N 12 040'00" E., along the westerly boundary of the said Lot 1, Block "C ", bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. NOV 0 2 2005 EXHIBIT "B" ORIGINAL To Density Agreement (Hedson, LLC) Lots 9 and 10, Block 84, MANDALAY UNIT NO. 5, according to the plat thereof as recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. #359086 v1 - Shephards_ exhibit to coca cabana tdr \�G '. NOV O 2 2005 �il `le'' AFFIDAVIT OF OWNER STATE OF FLORIDA COUNTY OF PINELLAS ) ORIGINAL BEFORE ME, the undersigned authority duly authorized to administer oaths and take acknowledgments, personally appeared C 9 ( "Afhant ") as Manager of Hedson, LLC, a Florida limited liability company 'Hedson "), who [is personally known to me] [produced 1UQIAJA , if Ufeg (._,tie as identification] and who, being first duly sworn, depose and says that: �4 - 1. Hedson is the owner of the real property described on Exhibit "A" attached hereto and incorporated herein ( "Sender Site "), which is the "Sender Site" in that certain Application for Transfer of Development Rights (the "Application ") submitted to the City of Clearwater by Shephard's Beach Resort, Inc., a Florida corporation ( "Applicant "). 2. Hedson is the owner of the 10 overnight accommodation units (collectively, "Development Rights ") which are proposed to be transferred as described in the Application. 3. As of the date of this Affidavit, the Development Rights have not been transferred to any other person or entity. 4. As of the date of this Affidavit, the Development Rights have not been previously used or exercised by any person or entity on the Sender Site or any other parcel of land. 5. Hedson and Applicant have entered into an agreement by which Applicant may acquire the Development Rights. NOV C 2 2005 Y 1 1, �•♦ ORIGINAL 6. In the event the Application is approved, a special warranty deed transferring the Development Rights will be recorded in the Public Records of Pinellas County, Florida, prior to issuance of a building permit. In addition, Hedson will reduce the number of available overnight accommodations from 31 to 21. FURTHER AFFIANT SAITH NOT. (ik a 1/4 - Na +: 6i,hnAir wir1' As Manager SWORN TO, subscribed and acknowledged before me th• October4 '2005. 1'7,- r - i-V�W Nota u lic Print name: ,zW V / "3 My commission expires: =o<� Y Py ,; MARY ZARVALAS 46113.109875 MY COMMISSION # DD 141426 #358888 v1 - Shephards/Hedson_affidavit to TDR . EXPIRES: August 12, 2006 of Bonded Thru Notary Public Underwriters i A -2- ORIGINAL EXHIBIT "A" Parcel No. 05/29/15/54747/084 /0090 (669 Mandalay Avenue): Lots 9 and 10, Block 84, MANDALAY UNIT NO. 5, according to plat thereof recorded in Plat Book 20, Page 27, Public Records of Pinellas County, Florida. i (`5 ORIGINAL AFFIDAVIT TO AUTHORIZE AGENT: Hedson, L.L.C. (Names of all property owners on deed — please PRINT full names) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 669 Mandalay Avenue 2. That this property constitutes the property for which a request for a: (describe request) Transfer of Density Rights Approval 3. That the undersigned (has/have) appointed and (does/do) appoint: E.D. Armstror1g, III, Esquire I as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 6. That (IMe), the undersigned authority, hereby certify that the foregoing Is true and Owner Title f° rPS COUNTY OF 01 r-yn J93 , Before me the undersigned, an officer duly commissioned the laws of the Sta of FI rida, Qn this day of October , 2005 . personally appeared (� /� / t Y�C� who havin been first duly swam Deposes and says that sh full understands the contents of the affidavit that he /she gned. MARY ZARVALAS ,=Q . �c *: , MY COMM= ISSION # DD 141426 otaa Puubf My Commission Facpires: ; A EXPIRES: August 12, 2006 Bonded Thru Notary P + Public Underwriters SAPlanning DepartmentlApplica6on Fomrsidevelopment revfewlRejable development application 2005.doc MW ( 2 2005 . �7 RY Oil. ! • �f(� e� �a S), + e� r ORIGINAL NOV 0 2 2005 • Sider 51 �e, 669 Mandalay Ave. - Zoi C; F- :rzis� -,-� - ASTI 711 SAY ESPUV ACKAWAY • ORIGINAL cam: v 0 LMDR i Legend Streets ❑ Parcels-, Zoning F-1 -%411R F-1 M-IR ■ MOOR ■ ►OR ■ T ■ C r7 0 o 0 ■ IRT ■ OSIR ■-1 ■ 3 ,TJ oaxr4 Pinellas County NOV 0 2 2005 LU /Z5 /LUU5 L1:03 FAX 7273918589 et ti qtr. 88131936 �I eama.w ass mAM001 roam e OR675OKl63 Uh W r..w "Ja, day a( tio. . A. D. t0 88 .6' William M. shepherd kAP*"- It William M. Ahephard, as Trustee under the provisions of the Shaphard Tastily Trust Agreement, dated February' 29, 1914. known as the shepbard rattily Trust "'8"PW4ffk'*A""rd 619 Gulfview Blvd., Clearwater, P1 34630 aetwnl party: fwb w rd bd. U, A `sm 0.4r ../ ".w.ad �.t,•' dwl bW dy.bt M/.>~.i Min. V 4d * M 'A 1• gd do �Mw+. Nf wW A ryw.d/.� Y•treN, M MnPA WbUggk . W Af &W *a '1 t. for and in omdJomm of dw vAn of $ •`-0— iw Lad pail 6j t6 odd morwad pary. A* wwW w6m4 is herAy sAwaeds%.d, 1.0 Ltwb w.N.4 ew- L— d .tum<I w -a. &* soil we.ni paey t w.w, in A& skmk side. h.teeed .dam cal l...d W&kk dd adi the pwfy 6r i. .d M ti. taanreg l.ratbrl L.m. Mew .e pwa .j 6,4 Mwak in tin Caaady of Pinellas Sisk of Florida , *.•.N: But M&ibit 'Aw attached hereto. Tell power and authority is granted by this deed to said Trustee or hie success- ors to protect, 00MGMS, sell, lease. improve, t4 cpivey either With or With- out consideration, to mortgage, pledge, or oterWiae encumber said proparty AM to manage aid dirpose of the real property or any part of it described is this recorded iastreaest. Subject to restrictions and ess"awnts: of record_ subject to that certafa mortgage presently held by the Bask of Clearwater, a state banking association in the pciacipal seat of $404.808 dated rehraary 2e. 1943, and filed March 4, 1983 to 0B 5484 Page 1S5S of the Public Macerds of Pinellas Ooaaty, !)Acid*. This property is act homestead property. The Grantor resides at Soo sleet view Ocive, Bellesic Bluffs, Florida. MUS D® IS somen PM TAE POtti? M or cO j2crIti4 is or in'suman . Fumy TwxT ACIMU I! WAIQf OODOLD Bi rA4s1171A1! 29, W5 . 4-0 1 KOOpD'tble 1 DOC STM" 2 �a �illt i� IL. wow" WA as ewl *,a., fir WA.-M. L.L.,at.s • tw a•sotw ast/wpiair ed ali 16 Able. shk ". hdnwdJ0 A" "*&.& awaw.r aj #6 saJ mind Ilty..mLer in A. w oq ay. M A. *4 pwpr ar. 6 m%W wd L.LAfi*E& &%M wrawl rw1y I+, W. TL. sell the p..y 1.s ap.1 a.d ..Ad wires pwaa.M dr &y and y..r Stperl, .wi Manua (r WI4LIAM M. MPUR Of r grATS OF F&COU & OOOmffT (W PIMdWB �: 4 " 4 I NXIAM ClhTM •u .. da 49 Mafli aaF+w .18r't ** araf.dtei is dr sum als� wad to a4 Ca.a' dwwd r w. s60ra►.4n0a,. WILLI" M. B 1B0 s r .,t Mrr.a ar v ow yawe 40MA-ed In ad .,tt. ore "M At I rd he adarlell.t 4 JOHNSON POPE Z002/003 � s,• t ►! .o 5A_ Desaip6on: Pine(Ias,FL Document- Book.Page 6758.1631 Page: 1 of 2 a.._ : -- = — • Order 1 Comment: ORIGINAL JD NOV 0 2 2005 lefty aK atre be taarraei wiw eat. VATUM •w awl mad aviit mum in mar L%we r s.i a abort 46 .a : •'f :•y S ig worm Punic $Teem 1 'LI�i lulfinelrnfprjrmtf jjr: T�i�! _U•_0�� M i... �,,id � A.{&x � Uw MY6sidlo.L tlo7ar:,-•mary 7w 7t...... 4• ' ... irt.nr:.k Yip r!. x...•� � f t. :.... _..w y � 1a�s . ti . ........ Gq.rq; Cwt cow ,}I law 4 JOHNSON POPE Z002/003 � s,• t ►! .o 5A_ Desaip6on: Pine(Ias,FL Document- Book.Page 6758.1631 Page: 1 of 2 a.._ : -- = — • Order 1 Comment: ORIGINAL JD NOV 0 2 2005 IU /ZO /ZUUS .11:U4 FAX 7273918589 Palm A LWAL OnCLMMN' --v OR6758PG 1632 Lets 1 Uwe 5, Dliock 'C', Eyside Subdivision 05, weoordiot to the mp or plat thereof as =000rded is Flat Doak 38, Pages 3E asd 39, Psblie taaetda of Pinellws County, deride, tad beSit at the %ortb- westerly eortar of Lot 1, Hoek 'C', Dayside Ssbdivisioa f5, as recorded is plat gook 38, huts 38 wad 39, of the Public Eecsrds of Pinellas County Floridat thence North 54 dopmes 25' 30'V, 65.14 feat .aloft the Southerly line of Calf Doultnrd; theme Sosth 12 datreas 40' 0014, and parallel to the Yssterly bondery of the said Lot 1, %lock 'C', Dayside Subdivision 15, a dietaco beuadery of 296 feet to the voters of Claswator Day eat t- - Easterly alaat the Aber+ Use of Clearwater Day 67 feat sore or lase to the latersac- tion of the above lima of Cloeswater Day tat the Wastarly bonsdary Lim of said Lot i, %leak "C", %oyside Subdivision 65, themos North 12 detxws "' 00'E, aleas the Watarly boaadaty of the said Lot 1, stoek 'C"= loyat& #Miyisise 15. 295 fast sleet or mess to the Foist of Detiaaiau, Section, 17, Township 29 South, &MV 13 Eat, sullen Cosaty, llorida. Description: Rnellas,FL Document Book.Page 6758.1631 Page: 2 of 2 order. 1 Comment 4 JOHNSON POPE- 1 003/003 NOV 0 2 2005 I #!x2005073001 BK: 14140 PG: 1957, 02/_./2005 at 04 $18.50 D DOC STAMP COLLECTION $12600.00 KEN BURKE, COUNTY, FL BY DEPUTY CLERK: CLKRD25 This instrument prepared by and return to: David A. Bacon, Esq. 2959 First Avenue North St. Petersburg, Florida 33713 st"t :53 PM, RECORDING 2 PAGES CLERK OF COURT PINELLAS WARRANTY DEED This Warranty Deed is made and executed this day of February, 200: the Grantee named beloww: %. GRANTOR: AMERPOL HOTELS & MOTELS INCORPORATE] GRANTEE: -_HEDSON LLC, a Florida limited liability company GRANTEE ADDRESS: 669 Mandalay Avenue Clearwater, FL 33767 WITNESSETH: ikAT the undersigned GRANTOR, for and inconsideration of the sum fof othei;good and valuable consideration paid by the GRANTEE, the receipt an acknpwledged by GRANTOR, has granted, bargained, sold and conveyed, an bargain, sell, convey and confirm unto GRANTEE, and to the assigns and succes that certain real property described below: by and between the Grantor and a Florida corporation f TEN DOLLARS ($10.00) and sufficiency of which are hereby by this instrument does grant, ors in interest of GRANTEE, all LEGAL DESCRIPTION: Lots 9 and 10, Block 84, MANDALAY NO 5, according to the plat thereof as recorded in Plat Book 20, Pag 27, Public Records of Pinellas County, Florida PARCEL ID # 05/29/15/54757/084 /0090 SUBJECT TO: 1) the general lien established bylaw to s ure the payment of real property ad valorem taxes for the year of this ins ent and subsequent years; 2) matters of zoning, land use and building re lations and restrictions imposed by governmental authority-, and 3) easemants, covenants, restrictions and matters of Public Record. TOGETHER WITH all tenements, hereditaments and appurtenances, an interest and estate thereto belonging or in anywise appertaining, TO HAVE AND' and forever. with every privilege, right, title HOLD, in fee simple, absolute ORIGINAL NOV 0 2 2005 - PINELLAS COUNTY FL OFF. REC. BK 14140 1958 AND GRANTOR does cov6nimt "and warrant that GRANTOR is law free from all claims, liens or encunbrances except those herein -above stated, v authority to hereby convey the same to GRANTEE; and GRANTOR further above described, and will defend.the same against the lawful claims of all pe IN WITNESS WHEREOF, the GRANTOR has caused this WARRAr n: the date first above writte: ; ` AMERPOLH07 seized of the subject premises, )od and lawful right, power and >y warrants the title to the land whomsoever. DEED to be duly executed upon &MOTELS INCORPORATED Stanley M wiecki, President STATE- .OFFLORIDA COUNT'S OF PINELLAS '-BEFORE ME personally appeared STANLEY MAKOWIECKI to me well knc license.as identification, and known to be the individual described in and who executed 1 of Amerpol Hotel & Motels Incorporated, severally acknowledged to and before me President of said corporation, and that the seal affixed to the foregoing instrument is the by due and regular corporate authority and th t said instrument struent is the free act and deer Witness my hand and official seal this9day of February, 2005. l� �'+' - My Commission Expires: NOTARY PUBLIC ,,d• kk MY th Fle4 5 t1DItO1BJ e"al k y �'P1moira07Fk%R i or who has produced his driver's foregoing instrument as President t he executed such instrument as rporate seal and that it was affixed Fsaid corporation. I -- NOV 0 2 2005 ,l PURCHASE AGREEMENT RE: Transfer of Density units from the following property: Coca Cabana Motel 669 Mandalay Ave Clearwater Beack Fl Buyer: Shephards Beach Resort, Inc and/or assigns Seller: Hodson, L.L.C. price: $1,000,000.00 for 10 transferable Density units ORIGINAL Deposit: $20,000.00 to be deposited upon acceptance of this agreement.with Attorney Steve Watts Escrow Account Closing: Nov 1, 2005 closing to be extended to December if necessary for city approvals for Shephards Beach Resort This Agreement is subject to Shephards Beach Resort, Inc getting approval from the City of Clearwater to use the 10 Density units on Shephards Property. This agreement is also subject to the 10 Density units being legally transferable to Shephards Beach Resort, Inc. If either of these conditions are not achieved this agreement will be null and void and Escrow deposit will be returned to the Buyer. -J.,/ c. Buyer .1 r Date Date Qs NOV C 2 2005 ED 0 0. 0 o A N v cn r u O e p OD N � U? o ^ N V ROAD MANDALAY (P) 80' R/W MANDALAY AVENUE (F) . 119.02'(F) 119.2'(P)`BuIldiwyonLine IS'ASPH,4LFY _CHEROKEE AVENUE_ (P) POINSETTIA AVENUE (F) 60' R/W PREPARED FOR & CERTIFIED TO: HEDSON LLC COMMONWEALTH LAND TITLE INSURANCE COMPANY BACON & BACON, P.A. UNITED BANK SEC. S TWP. 29- S., RNG. I S E. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ALSO SUBJECT TO SETBACKS, EASEMENTS AND RESTRICTIONS OF RECORD. UNDERGROUND FOOTER, OR STEM WALL NOT LOCATED OR SHOWN. UNDERGROUND UTILITIES NOT LOCATED OR SHOWN. BOUNDARY SURVEY LOTS 9 & 10, B LO C K 84, MAN DALAY THE ISLE OF A THOUSAND PALMS CLEARWATER BEACH UNIT NO. 5 PINELLAS COUNTY, FLORIDA DESCRIPTION: LOTS 9 AND 10, BLOCK 84, MAP OR PLAT ENTITLED ' MANDALAY "THE ISLE OF A THOUSAND PALMS" CLEARWATER BEACH UNIT NO. 5' AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. A.K.A. (AS PROVIDED) LOTS 9 AND 10, BLOCK 84, MANDALAY UNIT NO. 5 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 27 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND THAT PART OF UNSUBDIVIDED BLOCK 84A, REPLAT OF UNIT NO. 5 MANDALAY, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 48 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, WHICH WAS FORMERLY SHOWN AS LOT 11, BLOCK 84 MANDALAY UNIT NO. 5, PLAT BOOK 20, PAGE 27. THIS LOT LIES IN FLOOD ZOtiE ".AE" PER FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 125096 0102 G, MAP REVISED 9/3/03, NATIONAL FLOOD INSURANCE PROGRAM, FEDERAL EMERGENCY MANAGEMENT AGENCY. Lowest Floor Elevations: Living Area = coffee shop = 5.23' Living Area Front office = 5.53' Natural Area = 4.59' Elevations referenced to NATIONAL AMERICAN VERTICAL DATUM Datum of 1988 Mean Sea Level = 0.00 feet C) GENERAL LEGEND: De DELTA, A a ARC, CH a CHORD, CB = CHORD BEARING, R - RADIUS. PT m POINT OF TANGENCY, PC = POINT OF CURVATURE SIR /C = SET IRON ROD k CAP No. 2984, FIR /C a FOUND IRON ROD & CAP, FIP m FOUND IRON PIPE, FPIP = FOUND PINCHED IRON PIPE, R/W = RIGHT OF WAY FCM FOUND CONCRETE MONUMENT, SN&D = SET NAIL AND DISK. FN&D = FOUND NAIL AND DISK. PCP = PERMANENT CONTROL POINT, (P) = PLAT DATA PRM m PERMANENT REFERENCE MONUMENT, PKN&D - PARKER KALON NAIL AND DISK, (D) m DEED DATA, (M) a MEASURED DATA, (C) m CALCULATED DATA (F) . FIELD DATA. COV. m COVERED, ESM'T EASEMENT, F/C - FENCE CORNER, CLF = CHAIN LINK FENCE, W/F o WOOD FENCE. � = CENTERLINE .CONC. = CONCRETE, TYP, TYPICAL. C/S CONCRETE SLAB. A/C a AIR CONDITIONER, E/P = EDGE OF PAVEMENT, LFE a LOWEST FLOOR ELEVATION PB = PLAT BOOK, OR o OFFICIAL RECORD BOOK, C/C - COVERED CONCRETE, MAS m MASONRY STRUCTURE, B/C a BACK OF CURB, U/P = UTILITY POLE JOHN R. ONE WAY Dole of Survey Scale. File 1806 09 ial I _ 4o MTV 551)0 Drawn By Checked By Cevisl dy (No t`keo w6Kkj� ct-lies del 6,rj NOT VAUD WITHOUT THE,�rp,�y ORIGINAL RAISED SEAL AND eeU t, SIGNATURE OF A FLORIDA 6/25/04 Survey Update TcH LICENSED SURVEYOR AND MAPPER" c n�4t .fin u<�, 4- 1 2-- I2nn , BEACH & ASSOCIATES, INC. LAND SURVEYORS 911 W. ST. PETERSBURG DR. OLDSMAR, FLORIDA 34677 (813) 854 -1275 I HEREBY CERTIFY THAT, HS SURVEY HAS BEEN MADE UNDER MY RESPONSIBLE CHARGE AND MEETS.THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY. THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61017 -6. U FLORIDA ADMINISTRATIVE, CODE, PURSUANT TO SEC,TI2N 472.027 FLORIN STATUTES. r% MW G 2 2005 BEACH DATE FLORID . G.. LAND SURVEYOR No. 2984. L.B. #4493 ORIGINAL sl TRANSFER OF DEVELOPMENT RIGHTS APPLICATIONS NOV 0 2 1005 C19VC, �� =: �•:. CITY ATTORNEY's OFFICE CITY OF CLEARWATER PosT OFFICE Box 4748, CuARWAlu, RoxmA 33758 -4748 GrY HAu,112 SOUTH OSCEOLA AvE m, CmRwATER, FLo=A 33756 TELEPHONE (727) 5624010 FAx (727) 562 -4021 September 25, 2009 Harry S. Cline, Esquire MacFarlane Ferguson & McMullen 625 Court Street P.O. Box 1669 Clearwater, Florida 33756 Re: Shephard's Beach Resort, FLD2008- 12033/DVA2008- 00002, 619 S. Gulfview Blvd. Dear Mr. Cline, 1 have reviewed the resubmitted application materials for the above project and your previous and current correspondence and attachments. The current issues, as I understand them, and my responses are set forth below: 1. Are th*e 68, units being requested from the Hotel Density Pool treated -. the same as Transfer of Density Rights for the purpose of gaining additionap building height; i.e., can the applicant use such units in order to exceed the 100' height limitation? Response- The position of the City's Planning Department on this issue follows: Beach by Design is.very clear on this point. Rooms allocated from the Hotel Density Reserve are not the same as rooms obtained through the transfer of development rights (TDRs). Only those "hotel rooms brought in to the project through the TDR process are eligible to be constructed above the otherwise maximum building height, but only provided that all TDR criteria are met ". The City Attorney's Office concurs with Planning. It should be noted that in correspondence dated'September 11, 2009 from Daniel J. Knopman to Wayne Wells, at page 21, the following statement is made: "also, it has been determined through discussion with Wayne Wells, that units from the Hotel Density Reserve are considered to allow an increase in building height up to 150 feet." The above Planning position is contra to this assertion by the applicant. 2. Will the City accept that the two parcels have now been combined into one by the Pinellas County Property Appraiser and treat them as one parcel for purposes of the current application? T wu EMPLOY. -w AND AFF uATm AcnoN EmnoyERu Response: Yes, this issue has been adequately addressed by the applicant. 3. Is there an outstanding mortgage interest to be dealt with from the sending property? Response: No, the applicant has provided sufficient assurances in that regard through your letter of June 17, 2009 and attachments. 4. Is there a need to put a restriction on the sending parcel(s)? Response: No. Given the fact that the City has not until recently had a standard form for Transfer of Density Rights, the difficulty of obtaining executed amendments at this point, and that the existing recorded documents evidence an intent that the density transfer be recognized as to the sending and receiving parcels [recorded deed of conveyance reveals the TDR], the City will not require amended documents to be executed. I propose that this determination be recognized by a case note which I will place in the City's Tidemark software. However, as stated in staff response /comments to the FLD application, the City has never authorized the TDRs themselves from the original sending properties. It is my understanding that the applicant is pursuing TDR approval. My records reflect that an Application for Transfer of Development Rights was executed*. November 20, 2008 but l find no associated Case Number. Should you have further questions please feel free to contact me. Very truly yours, Leslie K. Dougall -Sid Assistant City Attorney cc: Michael L. Delk, Planning Director Wayne M. Wells, Planner III LI Wells, Wayne From: Dougall- Sides, Leslie Sent: Wednesday, September 23, 2009 1:10 PM To: Wells, Wayne Cc: Delk, Michael; Tefft, Robert; Clayton, Gina Subject: RE: A04- 01420: FLD2008- 12033/TDR2005- 11028, 619 S. Gulfview Blvd. ( Shephard's) Attachments: image001.jpg Yes, thanks. From: Wells, Wayne Sent: Wednesday, September 23, 2009 12:14 PM To: Dougall- Sides, Leslie Cc: Delk, Michael; Tefft, Robert; Clayton, Gina Subject: A04- 01420: FLD2008- 12033/TDR2005- 11028, 619 S. Gulfview Blvd. ( Shephard's) Leslie — On July 6, 2009, 1 emailed you (copy to Harry Cline) the findings of my review of the Transfer of Density Rights (TDR) request for the Shephard's project. I am attaching that email as well as the follow -up email train regarding the TDR issue. I have not had any discussion with Harry Cline or anyone else regarding my TDR findings since the dates of the attached email. Keep in mind that the units transferred from the various other properties to the Shephard's site were never approved by the CDB as part of any project, as that prior project was withdrawn. The approval of the transfer of units from those other properties must still occur as part of this project. Does this help you? Wayne From: Dougall- Sides, Leslie Sent: Wednesday, September 23, 2009 8:58 AM To: Wells, Wayne Cc: Delk, Michael Subject: A04- 01420: FW: Please review and provide any Planning - related comments. From: Kathy O'Hearn [mailto:KOH @macfar.com] Sent: Tuesday, September 22, 2009 4:08 PM To: Dougall- Sides, Leslie Cc: bill @shephards.com Subject: Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen �J +. r 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 449 -8966 FAX. (727) 442 -8470 E -mail: koh(cbmacfar.com Please visit www.mfmleaal.com for more information about our Firm 1�tfnrnq & Cbunselbrs At Law This electronic message transmission contains information from the law firm of Macfarlane Ferguson & McMullen and is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by collect telephone at (813) 273 -4200 or electronic mail (info(cr�.rnfmlegal. com). Thank you IRS Circular 230 Disclosure: Any tax advice in this communication is not intended or written by Macfarlane Ferguson & McMullen to be used, and cannot be used, by a client or any other person or entity for the purpose of (i) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein. 1 i M- ACFARLANE FERGUS ®N & MCMULLEN ATTORNEYS AND COUNSELORS AT LAW ONE TAMPA CITY CENTER, SUITE 2000 625 COURT STREET 1611 HARDEN BOULEVARD 201 NORTH FRANKLIN STREET P. O. BOX 1669 (ZIP 33757) LAKEIAND, FLORIDA 33803 P.O. BOX 1531 IZIP 33600 CLEARWATER, FLORIDA 33756 1563) 6BO -9905 FAX (863) 603 -2649 TAMPA, FLORIDA 33602 (727) 441 -8966 FAX (727) 442.8470 (813) 2734200 FAX (813) 273 -4396 IN REPLY REFER TO: www.mfmlegal.com EMAIL: info @mfmlegal.com Clearwater September 22, 2009 Leslie Dougall- Sides VIA E -mail: teslie. dougall- sides(myclearwater.com Assistant City Attorney City of Clearwater Post Office Box 4748 Clearwater, FL 33757 -4748 Re: Shephard's Beach Resort, S. Gulfview Boulevard, Clearwater Beach, FL Transfer of Density Unit Development Rights [ "TDRs "] Dear Leslie: . On June 17th I sent you certain data showing the units transferred to entities owned or controlled by Shephard's Beach Resort. We have established that the mortgagees on the various properties have signed off, consented in or released these units, so .that aspect has been satisfied. We also have on the public records an unconditional transfer to the Shephard entities, so I do not think it would be necessary or even appropriate to "restrict" the sending parcel, since they have transferred these out, as a matter of public record. It is my understanding that these events happened without the City's participation; or at least I can find no evidence of that. We would like to finalize this, since our client did pay significant fiords for these units. Please consider and give me a call to discuss what we need to do to confirm or finalize this transfer into the Shephard entities. As always, thank you for your assistance and I shall look forward to your reply. Sincerely yours, ni S. Cline HSC:koh cc: Mr. William Shephard, Trustee G:\HSC\SHEPHARD \Dougall- S ides. 9- 21'09.doc ITY OF C LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE ,(727) 562-4567 FAx (727) 562-48.65 PLANNING DEPARTMENT September 4, 2007 E. D. Armstrong, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 -1368 Re: FLD2005- 11108 /TDR2005 -11028 619 S. Gulfview Boulevard Dear Mr. Armstrong: On November 2, 2005, the above applications were filed with this office. A letter of incompleteness was sent on November 7, 2005, and amended on November 8, 2005. The applications are still incomplete. No resubmittal has been received to -date. Unless a complete resubmittal of the necessary information (one original and 14 copies of the application package) is received by this office by noon on October 1, 2007, these applications will be deemed withdrawn. Alternately, prior to this date you may submit a letter withdrawing these applications from further consideration. Should you have any questions, feel free to contact me at 727 -562 -4504 or wayLle.wells@myclearwater.com. Sincerely, � V /1� � /aax Wa e M. Wells, AICP Planner III S: IPlanning Departmentl C D BIFLEX (FLD)Uncompletel Gulf iew S 619 Shepard's Beach Resort (T& OSR) - WMLetter to E. Armstrong re status of application 9 ..4.07.doc FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" TDR2005- 11028, 619 S. Gulfview Blvd 1... U From: Joe Burdette Oburdette505 @tampabay.rr.com] Sent: Monday, July 06, 2009 11:23 AM To: Wells, Wayne Subject: RE: TDR2005- 11028, 619 S. Gulfview Blvd okay From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Monday, July 06, 2009 11:12 AM To: jburdette505 @tampabay.rr.com; keith @keithzayac.com Cc: Leslie. Dougall- Sides @myClearwater.com; hsc @macfar.com Subject: TDR2005- 11028, 619 S. Gulfview Blvd Joe — Page 1 of 3 Keep in mind that the Transfer of Development Rights has never been approved by the CDB to transfer the units from the original properties. While Warranty Deeds for the TDRs have been recorded, they have never been authorized by the City. The application will start at ground zero to authorize the units from the original sending properties. Leslie will need to rule on the covenants on the original properties and, consent by mortgager. Wayne From: Joe Burdette [mailto:jburdette505 @tampabay.rr.com] Sent: Monday, July 06, 2009 10:34 AM d To: Wells, Wayne; keith @keithzayac.com -, Subject: RE: TDR2005- 11028, 619 S. Gulfview Blvd 665 and 645 Bay Esplande have the same seller and same lender. The one release mortgagor's consent covered both lots. From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com]: Sent: Monday, July 06, 2009 9:07 AM To: keith @keithzayac.com Cc: jburdette505 @tampabay.rr.com Subject: TDR2005- 11028, 619 S. Gulfview Blvd Keith /Joe — FYI. Comments under Planning have been revised accordingly to reflect the comments below. Wayne From: Wells, Wayne Sent: Sunday, July 05, 2009 12:27 PM To: Dougall- Sides, Leslie Cc: hsc @macfar.com; Tefft, Robert; 'KOH @macfar.com' Subject: TDR2005- 11028, 619 S. Gulfview Blvd Leslie — file://C:\Documents and Settings \Wayne.Wells \Local Settings \Temporary Internet Files \Co... 9/23/2009 TDR2005- 11028, 619 S. Gulfview Blvd Page 2 of 3 This TDR application started in November 2005 with Ed Armstrong as agent at that time. Along with FLD2005- 11108, these applications were incomplete and eventually withdrawn. Since these applications were never a complete application, no review of the application material was ever performed as to whether the application material was correct. However, regarding the TDR portion, the applicant continued and recorded TDR Warranty Deeds regardless of the incompleteness of the application. Three to four years have transpired and we are now at a new application for development approval (FLD2008- 12033), which includes TDR2005- 11028. I have completed my review of the TDR portion of the FLD2008 -12033 application for Shephards and have the following comments (and have revised the appropriate Zoning DRC comment under FLD2008- 12033 to reflect the updated comments below): 1. 665 Bay Esplanade — a. The subject property is 0.273 acres in size (per FLD2005- 01009). b. Based on a maximum of 30 du /acre and 0.273 acres, a maximum of 8 dwelling units could be placed on the subject property. c. The subject property is currently developed with 4 dwelling units. d. The Transfer of Development Rights (TDR) for '2 dwelling units is permissible. e. The Warranty Deed Transfer of Density Unit Development Rights recorded. in OR Book 14606, Page 951, does not include a covenant restriction in perpetuity the subject property due to the TDR of 2 dwelling units. No Consent of Mortgager was submitted. g. Need a completed Application for Transfer of Development Rights filled out with Harry Cline as agent. 2. 645 Bayway Blvd. — a. Per the Property Appraiser information, the parcel is 61'x112', or 6,832 square feet (0.1568 acre). b. The parcel is presently developed with a 2,330 square -foot commercial building. C. Based on a Mixed -Use calculation, in addition to the existing 2,330 square -foot commercial building, a maximum of 3 dwelling units could also be placed on this parcel. d. The TDR for 2 dwelling units is permissible. e. The Warranty Deed Transfer of Density Unit Development Rights recorded in OR Book 14989, Pages 1238 -1239, does not include a covenant that the City desires restricting in perpetuity the subject property due to the TDR of 2 dwelling units. file://CADocuments and Settings \Wayne.Wells \Local Settings \Temporary Internet Files \Co... 9/23/2009 TDR2005- 11028, 619 S. Gulfview Blvd Page 3 of 3 f. A Release of Mortgage as to Transfer of Density was recorded in OR Book 16598, Pages 644 -646. g. Need a completed Application for Transfer of Development Rights filled out with Harry Cline as agent. 3. 625 -627 Bay Esplanade a. The subject property is 0.229 acres in size (per FLD2005- 03027). b. Based on a maximum of 30 du /acre and 0.229 acres, a maximum of 6 dwelling units could be placed on the subject property. C. The subject property is currently developed with 4 dwelling units (Property Appraiser still indicates 2 units in one building and 4 units in a second building; City BTR indicates only 4 total units [3 rented; 1 owner occupied]; site inspection only indicates 4 units total). d. The TDR for 1 dwelling unit is permissible. e. The Warranty Deed Transfer of Density Unit Development Rights recorded; in OR Book 14634, Pages 312 -317, does not include a covenant that the City desires restricting in _perpetuity the subject property due to the TDR of 1 dwelling unit. f. A Release of Mortgage as to Transfer of Density was recorded in OR Book °14634, Page 314. g.. Need a completed Application for Transfer of Development Rights filled out with, Harry Cline as agent. I would suggest a meeting with Harry Cline so that we can review the file and update TDR applications to today's circumstances. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 -5520 I Phone: 727 - 562 -4504 Fax: 727 - 562 -4865 Checked by AVG - www.avg.com Version: 8.5.386 / Virus Database: 270.13.5/2219 - Release Date: 07/05/09 17:54:00 Checked by AVG - www.avg.com Version: 8.5.386 / Virus Database: 270.13.5/2219 - Release Date: 07/05/09 17:54:00 file://C:\Documents and Settings \Wayne.Wells\Local Settings \Temporary Internet Files \Co... 9/23/2009 ,; Property Appraiser General Information: 17/29/15/05004/003/0010 Card I Interactive Mai) of this Sales Back to Search New 'ra,-,, Collector Interactive ...... .. . this .. . . .... Sales Tat Collector ...... .. ... .......... P412-el Query Results Search Irifortll-a tiolt Pagel of QuestQuestion/Coninlent about this ion - — -- ---------- . . ........ ..... ......... P'1rq-ej. 17/29/15/05004/003/0010 Building 2of 3 Building 1 Data Current as of June 21, 2 009 [8:35 am Thursday July 2] Nonresidential Property Owner, Address, and Sales Print 'I Motel/Hotel < 4 Property s 312 Stores .....1....J... . . - BAYSIDE SUB NO. 5 BLK C, LOTS I THRU 5 & RIP RTS 2008 Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value 2008 Tax Information Comparable Sales Value:: $0 Tax District: C-W Improvement Value per F.S. Millage: 20.3578 553.844 Just/Market, Value: $9,500,000 Non Ad Valorem Assessments: $.00 Assessed-Value/ SOH Cap: $9,500,000 Taxes: $193,399.00 History Taxable Value: $9,500,000 Taxes without Save-Our-Homes cap: $193,399.00 A significant change in taxable value may Taxes without any exemptions: $193,399.00 occur when sold due to changes in the market or the removal of exemptions. Click here for more information,,11 Owner /Mailing Property Address Sale Date Book/Page Price -QLU- V I Address 1977 4567/1565 $1,250,000 Q I SHEPHARD FAMILY 1973 3996/856 $1,048,000 U I TRUST C/O SHEPHARD, Plat Year Plat Book/Page(s) WILLIAM M THE 619 S GULFVIEW BLVD 1955 038/ 038 - 039 619 S GULFVIEW BLVD CLEARWATER FL 33767-2643 Parcel Information Book/Page: Land Use: Hotels, 06758/1631 Motels (39) Census Tract: 260.02 http: / /www.pcpao.org/general _ nadet.php ?pn= 1529170500400300101 7/2/2009 ,Rx Property Appraiser General Information: 17/29/15/05004/003 /0010 Card 1 Seawall: Land Use Hotels, Motels(39) Land Information Frontage: Gulf View: Page 2 of 4 Land.Size Unit Value Units Method 335 x 280 130.00 81,896.00 S Structural Elements Foundation: Spread/Monolithic Footing Floor System: Slab on Grade Exterior Wall: Concrete Block/Stucco Roof Frame: Gable & Hip Roof Cover: Composition Shingle Height Factor: 0 Floor Finish: Carpet Combination Interior Finish: Drywall Party wall: None Structural Frame: Masonry Pillar & Steel Cabinet & Mill: Average Quality: Average Heating & Air: Heating & cooling Package Electric: Average Bath Tile: Half Wall Fixtures: 127 Total Units: 0 Year Built: 1957 Effective Age: 10 Other Depreciation: 0 Functional Depreciation: 0 Economic Depreciation: 0 No Building Drawing for this card http:// www. pcpao.org/general_nadet.php ?pn= 1529170500400300101 7/2/2009 4� Property Appraiser General Information: 17/29/15/05004/003 /0010 Card 1 Description Base Area Open Porch Finished Utility Room Unfinished Sub Area information Building Finished Ft2 47,991 Gloss Area-F.12 Factor. 47,991 1.00 5,296 .30 576 .40 Page 3 of 4 .Effective 170 47,991 1,589 230 Canopy 462 .25 116 Total Building Finished SF: 47,991 Total Gross SF: 54,325 Total Effective SF: 49,926 http: / /www.pcpao.org/general _ nadet.php ?pn= 1529170500400300101 7/2/2009 Nonresidential Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year Dock 641 $40.00 641 $25,640.00 $21,280.00 1985 Pool 600SF $30,000.00 1 $30,000.00 $20,400.00 1985 Concrete Pavement 3579SF $4.00 3579 $14,320.00 $14,320.00 Unknown Asphalt 17000 $1.75 17000 $29,750.00 $29,750.00 Unknown Patio/Deck 1791 $12.00 1791 $21,490.00 $14,610.00 1985 Gazebo 1.000 $70.00 1000 $70,000.00 $47,600.00 1991 Spa/Jacuzzi/flot Tub $9,000.00 1 $9,000.00 $6,120.00 1993 http: / /www.pcpao.org/general _ nadet.php ?pn= 1529170500400300101 7/2/2009 Property Appraiser General Information: 17/29/15/05004/003 /0010 Card 1 Y a Page 4 of 4 Radius 2007 Color 1281 „ µ Aerials: _ - ransparency: 05 [ l�date Map - - If you do not see a map, the SVG viewer has not been installed. Click here for_infor..Mat i on and installation. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word document; Select "Paste Special' from Edit menu on toolbar; Select Bitmap, then OK ow to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Frame in New Window "; Print from the new window. - I_nteractive Map of this Sales Back to Search parcel Query Results N__ew Tal Collector Search Information_ Ouestion_Conunent ab....o�rt this page http: / /www.pcpao.org/ general_ nadet .php ?pn = 1529170500400300101 7/2/2009 Welcome to VDB on the Web VA Page I of 1 NRI Zoom Tool Aerial Photography: 12007 Color 7, Transparency (0.0- o� II Theme Description II is is the default set. It has no data 'ers, just linework. All of the map 'ers are black. http: / /vdb.pcpao.org/vdb.php 7/2/2009 Property Appraiser General Information: 17/29/15/00000/220 /0100 Card 1 Interactive Mai) of this Back to _Search New Iax. Collector pa...rcel. Resrllts Search Information Page 1 of 2 Questiort/Co-mnlent ahoiitthis parcel 17/29/15/00000/220 /0100 Data Current as of June 21, 2009.§ . [8:38 am Thursday July 2]� Vacant Property Owner, Address, and Sales Print Property Use: 0 '? BEG AT NW COR OF LOT 1 BLK C OF BAYSIDE #5 SUB RUN N 54 DEG W 65.14FT S 12 DEG W 351.52FT TO S'LY LN OF IIF DISCLAIMER NO. 22310 TH S 77 DEG E 60FT MOL TH N 12 DEG E TO POB *' Click here for short legal ** 200$_ Exemptions Homestead: No Use: 0% Ownership: 0% Tax Exempt: 0% Government: No Institutional: No Agricultural: $0 Historic: $0 2008 Value 2008 Tax Information Comparable Sales Value:: $0 Tax District: CW Just /Market Value: $2,030,600 Millage: 20.3578 Assessed Value / SOH Cap_$2,030,600 Non Ad Valorem Assessments: $.00 History Taxable Value: $2,030,600 > Taxes: $41,338.60 A significant change in taxable value may Taxes without Save - Our -Homes cap:. $41,338.60 occur when sold due to changes in the Taxes without any exemptions: $41,338.60 market or the removal of exemptions. Click here for more information. Owner /Mailing Property Address Sale Date Book/Page Price � V/I Address 1977 4567/1565 $1,250,000 U V SHEPHARD FAMILY 1970 3366/880 $27,000 Q V TRUST C/O SHEPHARD, Plat Year Plat Book/Page(s) WILLIAM M THE Not Platted 619 S GULFVIEW BLVD CLEARWATER FL 33767 -2643 Parcel Information Book/Page: Land Use: Vacant 04567/1565 Commercial (10) Census Tract: 260.02 Seawall: Land Use Vacant Commercial(10) Land Information Frontage: None Land Size 60 x 350 View: Unit Value Units Method 130.00 19,772.12 S http: / /www.pcpao.org/general _ vadet.php ?pn= 152917000002200100 7/2/2009 Property Appraiser General Information: 17/29/15/00000/220 /0100 Card 1 Page 2 of 2 Interactive Nklap of this Back to Search New Tax Collector Question /Comment about this ap rcel Results Search Information ie http: / /www.pcpao.org /general _ vadet.php ?pn = 152917000002200100 7/2/2009 , Welcome to VDB on the Web Page 1 of 1 ft Aerial Photography: 12007 Color Transparency (0.0- In r; II Theme Description II is is the default set. It has no data ers, just linework. All of the map ers are black. http: / /vdb.pcpao.org/vdb.php 7/2/2009 ,y.;,.. CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 www.myclearwater.com /epermits CASE SUMMARY OCL8013041 669 MANDALAY AVE SUNRISE RESORT MOTEL NORTH MOTEL - 38 UNITS (NEW OWNER LISTED 30 UNITS) 1 VENDING MACHINE PEOPLE Role: Business Owner AMERPOL HOTELS & MOTELS INC 669 MANDALAY AVENUE CLEARWATER, FL 33767 Business Owner HENDSON LLC SUNRISE RESORT MOTEL NORTH 669 MANDALAY AVE CLEARWATER, FL 33767 FEES BUSINESS TAX - RENEWAL DECEMBER DELINQUENT 5 DUPLICATE BUSINESS TAX LICENSE FEE - RENEWAL NOVEMBER DELINQUENT 5 OCTOBER DELINQUENT 10 TRANSFER FEE OCCUPATIONAL LICENSE Assessed Amount $255.50 $5.29 $16.50 $739.30 $5.29 $19.89 $8.97 Total $1,050.74 Amount Paid $255.50 $5.29 $16.50 $739.30 $5.29 $19.89 $8.97 $1,050.74 Category Quantity 091060 RENTAL: HOTEL, MOTEL 30 110020 VENDING MACHINES: OPERATOR 1 ACTIVITIES Date 1 Date 2 Date 3 Issue License - RENEWAL License Transferred Issue License - RENEWAL Renewal Notice 10/19/2000 6/13/2001 8/30/2001 7/31/1998 7/31/1998 PHONE: 727 - 442 -5694 FAX: No Fax PHONE: 727- 644 -4647 FAX: No Fax Balance Due $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 # Employees 0 0 Done Disp By DONE GBD DONE SLW DONE SLW DONE BLB Additional Requirements Needed 1/26/2000 DONE WBS 8/12/99 paid 80.25 for 34 units and 1 vending machine, record shows 44 units. Bal of 15.00 due by 2/7/00 to avoid 190.50 admin fee New Owners 6/11/2001 DONE REM Amerpol Hotels and Motels D /B /A Coca Cabana Motel rAForms\I nfoSummary.rpt O&Udil3041 669 MANDALAY AVE Issue License - RENEWAL Issue License - RENEWAL 12/30/1998 2/1/2000 DONE R_S DONE WBS Renewal Notice 7/28/1998 7/28/1998 FY2005 -2006 7/98 BATCH Issue License - RENEWAL 10/4/2005 Renewal Notice 7/21/1999 7/21/1999 7/99 BATCH 7/21/2006 2006-2007 Delinquent Renewal Notice 1/5/2000 9/12/2002 DONE BLS 01 /00 -DLQ 2006 -2007 Renewal Notice 7/18/2000 7/18/2000 2007/2008 7/00 BATCH ISSUE- Business Tax Renewal 9/19/2007 Health Inspection 6/13/2001 DONE Kathleen Bedini HEALTH INSPECTION DONE 6/12/01 - RONALD WATSON - DIVISION OF HOTELS AND RESTAURANTS 9/20/2007 Renewal Notice 7/25/2001 7/25/2001 9/20/2007 DONE WBS 7/01 BATCH Renewal Notice 7/27/2002 7/27/2002 FY 02/03 BATCH Issue License - RENEWAL 9/13/2002 DONE 2002 -2003 Renewal Notice 7/11/2003 03/04 Issue License - RENEWAL 10/3/2003 DONE 2003 -2004 Renewal Notice 7/26/2004 04/05 Issue License - RENEWAL 10/5/2004 DONE DDR 04 -05 Additional Requirements Needed 7/26/2005 DONE JMC NEED DBPR FOR NEW OWNER WITH NUMBER OF UNITS 7/25/2005 -see documents (letter sent). Issue License - RENEWAL 7/26/2005 DONE JMC Renewal Notice 8/2/2005 FY2005 -2006 Issue License - RENEWAL 10/4/2005 DONE 2005 -2006 Renewal Notice 7/21/2006 2006-2007 ISSUE - Business Tax Renewal 9/27/2006 DONE 2006 -2007 Renewal Notice 6/27/2007 2007/2008 ISSUE- Business Tax Renewal 9/19/2007 DONE 2007-2008 Override - Parcel Holds 9/20/2007 WBS ISSUE - Business Tax Renewal 9/20/2007 DONE WBS Renewal Notice 6/20/2008 2008 -2009 ISSUE - Business Tax Renewal 10/1/2008 DONE 2008-2009 r:\Forms\1nfoSummary.rpt LOCATED IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA POC FCM4 "x4" - - NW CORNER �LOT4 Y E S P L A N A (60'R /W, 26.5' ASPHALT) EXISTING GAS LINE ASPHAL PARKING S• N 90'00'00" E 132'(P) 132.05'(M) ON 66'(P &M) FRC 1/2' 4.eo PLS #2865 E/P wl LOT 4 BLOCK 77 GRAPHIC SCALE wI z O J LOT BLOCK 77 I(NOT INCLUDED) L — VPROTRACTED LOT LIN_E ( IN FEET ) M 1 inch = 20 ft. .� I CURVE TABLE e e FIR FOUND REBAR NO CAP SIZE AS NOTED POL POINT ON LINE FOP FOUND OPEN PIPE SIZE AS NOTED (R) RADIAL FPP FOUND PINCHED PIPE SIZE AS NOTED (C) COMPUTED MEASUREMENT F "x" CUT FOUND "x" CUT IN CONCRETE :' 1 111 •.••� G •1 : WV TB #1 I SANITARY MANHOLE RIM ELEVATION = 4.829 4 4 X4,72 J4 5.02 k '• X4,96 4 • X4.83'4 ° 1 STORY X �. 4,8 5a, ' , 11,6i • . ° RESIDENCE ° °. 4.80 . a .94 4.79 4 SET 804 #1 , ° 4-- G LB668 '4 4.95 , '4• °4 4 ° ? 4,62 • ' 6 64 P° °yip. DFtAIh 4; TOP ° a , e ° .. /2" 6 4,65 EL =4. `1 1408 �JG 4.65 ° e' : d; ASPHALT b® ° 4.66 ► /' gar �• ` "X" CUT 89009'00"' SET N &D LB#6168 TBM #2 48.462 EL =2.74 f I _ ___ _ __— — =_ _ - _ - -- --- - -- - - -_— - _ - -__ - -- _- — = - -- _- -_ -- - - - - _- — _- - �= _ _- — - -_ —. - ------ - — - - =- _ _ —_ _ WF 66Bay Esplanade, _ _: - --- _ - _ - -- —__ — 8e1-5 -- _- ____ 33 : - - - _ - - .__ _— _ _ - - - - - - -- - --- - - -- - - - -- -- -- -- -- -- --------- __ - _ _— _____ g_ _ -- - — - — s — — — — _ - _ — -- - -- ----- -- - — - -- -- ----- -- - - ----- --- - - --- -- f ►: �ioozie�m :ic«v owx:va m+ r'm� t �- ar P, i VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION: LO • BLOCK r . • . i'r THEREOF THE PLAT RECORDED PLAT BOOK r PAGE 27, PUBLIC RECORDS OF PINELLAS COUNTY, FOUND X" CUT A N D A L A Y C H A N N E L (IN TERC0ASTAL WATERS) r� S U R V E Y O R S R E P 0 R T 1.) THIS IS A BOUNDARY & TOPOGRAPHIC SURVEY. IT'S PRIMARY PURPOSE IS To DOCUMENT THE PERIMETER OF THE DESCRIBED LANDS BY ESTABLISHING OR REESTABLISHING CORNERS AND LOCATING IMPROVEMENTS AND TO DOCUMENT SELECTED NATURAL AND ARTIFICIAL FEATURES OF THE SITE SURFACE TO DETERMINE HORIZONTAL AND VERTICAL SPATIAL RELATIONS, 2.) THIS SURVEY COMPLIES WITH THE FLORIDA MINIMUM TECHNICAL STANDARDS (61137 -6.002 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES) AND IS NOT INTENDED TO MEET A NATIONAL STANCARD. 3.) THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT! SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 4.) THIS SURVEY DOES NOT DETERMINE OR IMPLY OWNERSHIP. 5.) THE BEARING BASIS IS THE SOUTH R/W BAY ESLPANADE BEING EAST. THE EEARING REFERENCE LINE IS N 90'00'00" E. NORTH ARROW IS BASED ON THE BEARING STRUCTURE. 6.) SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT SURVEYED OR EXAMINED OR CONSIDERED AS PART OF THIS SURVEY. NO EVIDENCE OR STATEMENT IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND OR OVERHEAD CONDITIONS, CONTAINERS OR FACILITIES THAT MAY AFFECT THE USE OR DEVELOPMENT.OF THIS PROPERTY. 7.) IT IS THE OPINION OF THIS SURVEYOR THAT THE SUBJECT PROPERTY APPEARS TO BE IN FLOOD ZONE "AE" (EL =11) IN ACCORDANCE WITH F.I.R.M. COMMUNITY MAP #12509601026, EFFECTIVE DATE 9/3/03. 8.) ELEVATIONS BASED CLEARWATER BENCHMARK 1 -03. ELEVATION = 3.375 & YI -02 ELEVATION =5.636. PUBLISHED ON NATIONAL GEODETIC VERTICAL DATUM 29. FOR PURPOSES HEREIN ELEVATIONS WERE CONVERTED TO NORTH AMERICAN VERTICAL DATUM 1988. CONVERSION FACTOR IS —0.961 BEING ADJUSTED ELEVATION = #1 -03 = 2.414 & #1 -02 = 4.675. 9.) CERTIFICATION IS NOT TRANSFERABLE. 10.) COPYRIGHT 0 LAND PRECISION CORPORATION. ALL RIGHTS RESERVED, NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED, PROCESSED OR TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS PLAN WITHOUT AN ORIGINAL SIGNATURE AND IMPRESSION SEAL ARE NOT VALID. 11.) DIMENSION WITH "TIE" DENOTES MEASUREMENT FROM BUILDING FOUNDATION TO PROPERTY LINE. 12.) OCCUPATION HELD DUE TO VAGUENESS OF PLAT AND INCONSISTENT MATTERS DETERMINED HEREIN. SEAWALL APPARENTLY CONSTRUCTED BY SUBDIVIDER ESTABLISHED REAR LOT LINE BY INTENT. E R CERTIFY TO: BOB PENNOCK LEGEND e e FIR FOUND REBAR NO CAP SIZE AS NOTED POL POINT ON LINE FOP FOUND OPEN PIPE SIZE AS NOTED (R) RADIAL _ ___ _ __— — =_ _ - _ - -- --- - -- - - -_— - _ - -__ - -- _- — = - -- _- -_ -- - - - - _- — _- - �= _ _- — - -_ —. - ------ - — - - =- _ _ —_ _ WF 66Bay Esplanade, _ _: - --- _ - _ - -- —__ — 8e1-5 -- _- ____ 33 : - - - _ - - .__ _— _ _ - - - - - - -- - --- - - -- - - - -- -- -- -- -- -- --------- __ - _ _— _____ g_ _ -- - — - — s — — — — _ - _ — -- - -- ----- -- - — - -- -- ----- -- - - ----- --- - - --- -- f ►: �ioozie�m :ic«v owx:va m+ r'm� t �- ar P, i VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION: LO • BLOCK r . • . i'r THEREOF THE PLAT RECORDED PLAT BOOK r PAGE 27, PUBLIC RECORDS OF PINELLAS COUNTY, FOUND X" CUT A N D A L A Y C H A N N E L (IN TERC0ASTAL WATERS) r� S U R V E Y O R S R E P 0 R T 1.) THIS IS A BOUNDARY & TOPOGRAPHIC SURVEY. IT'S PRIMARY PURPOSE IS To DOCUMENT THE PERIMETER OF THE DESCRIBED LANDS BY ESTABLISHING OR REESTABLISHING CORNERS AND LOCATING IMPROVEMENTS AND TO DOCUMENT SELECTED NATURAL AND ARTIFICIAL FEATURES OF THE SITE SURFACE TO DETERMINE HORIZONTAL AND VERTICAL SPATIAL RELATIONS, 2.) THIS SURVEY COMPLIES WITH THE FLORIDA MINIMUM TECHNICAL STANDARDS (61137 -6.002 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES) AND IS NOT INTENDED TO MEET A NATIONAL STANCARD. 3.) THE PROFESSIONAL SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT! SEARCH FOR EASEMENTS OF RECORD, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 4.) THIS SURVEY DOES NOT DETERMINE OR IMPLY OWNERSHIP. 5.) THE BEARING BASIS IS THE SOUTH R/W BAY ESLPANADE BEING EAST. THE EEARING REFERENCE LINE IS N 90'00'00" E. NORTH ARROW IS BASED ON THE BEARING STRUCTURE. 6.) SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT SURVEYED OR EXAMINED OR CONSIDERED AS PART OF THIS SURVEY. NO EVIDENCE OR STATEMENT IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND OR OVERHEAD CONDITIONS, CONTAINERS OR FACILITIES THAT MAY AFFECT THE USE OR DEVELOPMENT.OF THIS PROPERTY. 7.) IT IS THE OPINION OF THIS SURVEYOR THAT THE SUBJECT PROPERTY APPEARS TO BE IN FLOOD ZONE "AE" (EL =11) IN ACCORDANCE WITH F.I.R.M. COMMUNITY MAP #12509601026, EFFECTIVE DATE 9/3/03. 8.) ELEVATIONS BASED CLEARWATER BENCHMARK 1 -03. ELEVATION = 3.375 & YI -02 ELEVATION =5.636. PUBLISHED ON NATIONAL GEODETIC VERTICAL DATUM 29. FOR PURPOSES HEREIN ELEVATIONS WERE CONVERTED TO NORTH AMERICAN VERTICAL DATUM 1988. CONVERSION FACTOR IS —0.961 BEING ADJUSTED ELEVATION = #1 -03 = 2.414 & #1 -02 = 4.675. 9.) CERTIFICATION IS NOT TRANSFERABLE. 10.) COPYRIGHT 0 LAND PRECISION CORPORATION. ALL RIGHTS RESERVED, NO PART OF THIS DRAWING MAY BE REPRODUCED BY PHOTOCOPYING, RECORDING OR BY ANY OTHER MEANS, OR STORED, PROCESSED OR TRANSMITTED IN OR BY ANY COMPUTER OR OTHER SYSTEMS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE SURVEYOR. COPIES OF THIS PLAN WITHOUT AN ORIGINAL SIGNATURE AND IMPRESSION SEAL ARE NOT VALID. 11.) DIMENSION WITH "TIE" DENOTES MEASUREMENT FROM BUILDING FOUNDATION TO PROPERTY LINE. 12.) OCCUPATION HELD DUE TO VAGUENESS OF PLAT AND INCONSISTENT MATTERS DETERMINED HEREIN. SEAWALL APPARENTLY CONSTRUCTED BY SUBDIVIDER ESTABLISHED REAR LOT LINE BY INTENT. E R CERTIFY TO: BOB PENNOCK LEGEND BRL BEARING REFERENCE LINE FIR FOUND REBAR NO CAP SIZE AS NOTED POL POINT ON LINE FOP FOUND OPEN PIPE SIZE AS NOTED (R) RADIAL FPP FOUND PINCHED PIPE SIZE AS NOTED (C) COMPUTED MEASUREMENT F "x" CUT FOUND "x" CUT IN CONCRETE (D) DEED FRC FOUND REBAR AND CAP (M) MEASURED FCM FOUND CONCRETE MONUMENT SIZE AS NOTED (P) PLAT SIR SET IRON ROD A ARC SRC SET 1/2" REBAR AND CAP LB #6168 POB POINT OF BEGINNING SN &D SET NAIL AND DISK LB #6168 PCP PERMANENT CONTROL POINT N &TT NAIL AND TIN TAB POC POINT OF COMMENCEMENT m GAS VALVE PRM PERMANENT REFERENCE MONUMENT wy WATER VALVE TBM TEMPORARY BENCHMARK FIRE HYDRANT PI POINT OF INTERSECTION © DRAINAGE MANHOLE F/T FENCE TIE Q SANITARY MANHOLE S/W SIDEWALK Jf LIGHT POLE ® WATER METER OHW OVERHEAD WIRE cQj POWER POLE -CD GUY WIRE CL CENTERLINE ® CABLE BOX 6) METAL POST WF WOOD FENCE TELEPHONE PEDESTAL CLF CHAIN LINK FENCE ® ELECTRIC BOX q — EXISTING ELEVATION qA — PROPOSED ELEVATION R/W RIGHT —OF —WAY C/T CURB TIE Ej SPRINKLER CONTROL BOX N &D NAIL AND DISK 40 ,' .$.: •`CONCRETE'' . , i/ q• E/P EDGE OF PAVEMENT EL ELEVATION DRAWN BY. JREIII CHECKED BY: VEC SHEET 1 OF 1 UPDATES /HISTORY: 1/6/05 — UNDERGROUND PIPE REVISION � a � VINCENT E. CORj1. ;4'hIE^tS �UR�E <YOF AND MAPPER No. 460 (NOT VA r 6ZLfP E SIGN%TJ��{, D, THE ORIGINAL RAISED SEAL. t L0 6A °[fi g[`�uUR`( 3OR AND MAPPER.) ��Pli!!t r8ld4klE: 18�rzmmm - -- ME ;-&-I-_I- I 0 10 20 30 GRAPHIC SCALE I inch = 10 ft. 8RG• R�'F' �R�} FND NAIL S.W. CORNER OF LOT 9 r-of A-4 W A A W L T X-A 5 E SPLA NA 62-b`27 BA" DT MAN ©ALAY CHANNEL TARING ZEE M Ji I I V JD lilillOT L/ Li In AM