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FLD2013-01001 � Y COMMUNITY DEVELOPMENT BOARD � l�a��r - � NING AND DEVELOPMENT DEPARTMENT PLAN � STAFF REPORT � MEETING DATE: February 19, 2013 AGENDA ITEM: D.3. CASE: FLD2013-01001 REQUEST: Flexible Development application to permit a boardwalk four feet in width, 366 feet in length and a maximum of approximately three feet in height (seven feet including handrails to be located seaward of the Coastal Construction Control Line (CCCL) in the Low Density Residential (LDR) District under the provisions of Community Development Code(CDC) Section 3-905. GENERAL DATA: Agent........................... Robert R. Sprinkle; Sprinkle Consulting AppliCanb Owner............. James Pitzer Gills,Jr. Location.......................... 1104 Mandalay Point Road; west side of Mandalay Point Road approximately 90 feet , north of the northern terminus of Eldorado Avenue. Property Size.................... 231 acres Future Land Use Plan...... Residential Low(RL)/Preservation(P) Zoning.......................... Low Density Residential(LDR)/Open Space/Recreation(OS/R)Districts Special Area Plan.............. None Adjacent Zoning.... No►th: Low Density Residential(LDR)/Open Space/Recreation(OS/R)Districts South: Low Density Residential (LDR)/Open Space/Recreation(OS/R)Districts East: Preservation(P) West: Open Space/Recreation(OS/R)District Existing Land Use............. Detached dwelling Proposed Land Use......... Detached dwelling �.. ��i �► •�° � � �� ,�'` �� '� . .�'� � � ,�� r �,';,� ,� �:: r . � � � �► �� ' � � � �°,E. . �"� � � � �` � �` * �� s� �:� ,' ..' '� ; • �a � , ; t �`~� � � A ��. .. � � � .��W i .�� L +. "�'� � ' A! ,� .� �:� x., .r.�,� � .., . * �` , '�� '• �� ,,, � ;<�� ` :,��;� ��,■ � • �� '�;�� ` ��" ��,� �' ,�� r ��'�� p'+ ,.;t �� y� :�� .� ' ` lt � < . ��. . � , +: y�,' i �°` '�� T ,��'+`� '� - �� . �� '�„' "� � , a�� ¢ .+!''� p�' ��. A='� �' �"�' , 7 �., . y� ,�y, r� � , �'s �" s{ �� • t�z� '�".; '� M � � . ' � � . �cwr 9} +' �. ��y. � .�,4 ;�">i ` , � � � _ .� � �:.. . ... - ti� t�� t#.�� R�t > ryu''��. < .t, y�� " yF�� .�. , ��' �1t � t i� �: � � • �� « � <,�r....�� .� ��`v .�.,� � � C�L��1!�Ll-�Level II Flexible Development Application Review pLnxrrmrG&DEVeLOpMENT J"�^`�,\��- DEVELOPMENT REVIEW DIVISION u�.'�✓'....�..!�.r.._f � •�z-. � �-•....rti.�..�^...-�� .. . . I I ` ANALYSIS: ` ' ; ';' t � Site Location and Existing Conditions: ! 'm�,' �"�, - The 2.31 acre site is located on the west side of Pao�E�T�., Mandalay Point Road approximately 90 feet S,TE ` , north of the northern terminus of Eldorado � Avenue. The subject site is comprised of four � �� _ lots, with approximately 155 feet of frontage ° �� ^' along Mandalay Point Road. The site is a � `� < �' �'�,� , �� waterfront property with approximately 155 feet '� `�` � � i � ,��, �?�o ��`�� of frontage along the Gulf of Mexico. The site , ��, � includes approximately 2,250 square feet of i � a ��``%o�`., land on the east side of Mandalay Point Road �s� � ;�`�� along the Intercoastal Waterway. A detached � �fR�� °�'V I I� dwelling is located within a single, 4,300 square � � foot two-story building along the east side of the LOCATION MAP site. This site is accessed from Mandalay Point Road via a driveway. Please note that building "�` � square footages, based on site visits and City 5 ' ..�o' and Pinellas County Property Appraiser records, I o`. are made to the best of Staff ability. Lp� •.,,. As mentioned, the site spans two zoning �"""�� : P districts; the LDR and OS/R Districts. In .�'" POS/R•..,......... � �i addition, the CCCL bifurcates the site north to „� south and exists approximately 160 feet west of ,, the east property line along the west side of k � Mandalay Point Road. The CCCL is located � LMI9R approximately one foot to the west of an ° "'°'o I existing retain wall which, likewise, runs north � ,..s o to south. The CCCL is also located "'` approximately 36 feet west of the line marking ZONING MAP the LDR and OS/R Districts. The proposed __ boardwalk will exist mostly within the portion -- � � � � of the site within the OS/R District. Currently, �'� _',� N there are no structures within 50 feet of the -�� _-- I CCCL except for a boardwalk approximately __-"-'� �"" ' _�, three feet in width and 95 feet in length. The _____-- "�� existing boardwalk is deteriorated and will be ° ;;� � �� removed with this proposaL w,p.•�: �y ^ ,�., ��'m Development Proposal: � _�,°_ m ° �' , � The proposal is to remove the existing � �,�e,>•',';� �"�-� boardwalk and replace it with a new boardwalk ° L�s � � <`�=;' in roughly same location. No other changes are � + �o,s �' proposed. The proposed boardwalk will be four ' feet in width, 366 feet in length and a maximum ,°`°':� '/ EXISTING SURROUNDING USES MAP Community Development Board February 19,2013 , FLD2013-01001 —Page 1 �i �I I � a W,��1'1'till.�Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REVIEW DIVISION ��.�, height of approximately three feet (up to seven feet including handrails) above grade with a minimum clearance of six inches above grade. The boardwalk will begin at the existing retaining wall approximately one foot east of the CCCL and extend westward for approximately 366 feet. The proposal has been presented to and approved by Florida Department of Environmental Protection (FDEP) (Permit 8027674) evidence of which has been included in the submittal material prepared by the applicant. As mentioned the existing boardwalk has deteriorated and constitutes a hazard. The applicant desires to maintain an environmentally sensitive method of accessing the Gulf of Mexico and the proposed boardwalk will provide that by traversing over rather than cutting through existing dunes. The proposed boardwalk will have a smaller and finite footprint thereby preserving the dunes and existing native vegetation. Special Area Plan: None Development Parameters Densi : Pursuant to the Countywide Plan Rules and Community Development Code (CDC) Section 2- 101.1, the maximum Density for properties with a Future Land Use Plan (FLUP) designation of RL is five units per acre or a m�imum two dwellings. The site contains a single dwelling unit, which is consistent with Code provisions. No change to the density of the site is proposed. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-101.1, the m�imum allowable ISR is 0.65. The overall existing ISR is approximately 0.40, which is consistent with Code provisions. No change to the ISR of the site is proposed. Minimum Lot Area and Width: Pursuant to CDC Table 2-102, the minimum required lot area or lot width for a Detached Dwelling is 20,000 square feet and 100 feet, respectively. The lot area is 100,813 square feet and the lot width is 155 feet exceeding andJor meeting the otherwise minimum area and width required by Code. Minimum Setbacks: Pursuant to CDC Table 2-102, the minimum required setbacks for Detached Dwellings are 25 feet (front), 10 feet (side) and 20 feet (rear). However, pursuant to CDC Section 3-905 no building or structure shall be located seaward of the CCCL unless approved by the State of Florida. In addition, the CCCL as the line of reference from which setbacks shall be measured along the Gulf of Mexico for buildings and structures. This section further provides that any request to modify the setback requirements contained in this section shall be considered as an application for a Level Two approval. The proposed boardwalk will begin approximately one foot east of the CCCL and continue seaward of the CCCL for approximately 365 feet. The applicant has previously procured State approval. Final approval for the boardwalk must be provided through this Level Two application. Maximum Building Height.� Pursuant to CDC Section 3-201, the maximum height for accessory structures is 15 feet. The proposed boardwalk will be a maa�imum of approximately three feet above grade (up to seven Community Development Board February 19,2013 FLD2013-01001 —Page 2 ' ° p� �T }p{. PLANNING&DEVELOPMENT = C LLti�1'!'�ll.l Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION � .. � . feet including handrails) which is less than this allowable height and is therefore consistent with the CDC. Minimum Off-Street Parking: Pursuant to CDC Table 2-102, the minimum off-street parking requirement for a Detached Dwelling is two parking spaces per dwelling unit. The site provides two parking spaces with the existing attached garage which is consistent with this Code Section. Comprehensive Plan: The proposal is in support of the following Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Coastal Management Plan Element Goal E.2 - management of CZearwateN's coastal resources shall prohibit activities that would damage o� destroy the natural or built environment, or threaten human life due to hurricane hazards, and shall promote activities that enhance the natural and built environment. The proposal includes a boardwalk 366 feet in length and four feet in width with a maximum height of three feet above grade (up to seven feet including handrails). The proposal has been approved by the FDEP and will replace an existing deteriorated boardwalk. The provision of a boardwalk will conserve and protect existing dunes by reducing or eliminating the erosion that would otherwise occur from foot traffic. The boardwalk will follow existing topography preserving existing dunes and native vegetation where footpaths, conversely, ultimately cut through dunes, destroying native vegetation reducing the storm surge protection effectiveness of the dunes. The proposal is consistent with this Goal. Policy E.2.2.1 Restoration and enhancement of disturbed or degraded dune and beach areas shall be implemented with the appropriate methods and quality of material necessary to enable successful reestablishment. The proposed boardwalk will maintain and conserve the existing dune system adjacent to the subject site and has been approved for construction by the FDEP. The proposal is largely consistent with this Policy. Conservation Plan Element Policy F.1.3.4 - Prohibit development that will needlessly disturb or destroy native vegetation. This shall be achieved through the site plan review p�ocess and site inspections. The proposal will result in providing adequate access from the site to the Gulf of Mexico while preserving native vegetation by providing a finite above-grade path. Therefore, the submittal supports this Policy. Policy F.1.6.3 - Development and/or construction of any structures shall not be built seaward of the Coastal Construction Control Line, unless approved by the Florida Department of Environmental Protection and the City of Clearwater. The proposal is for a boardwalk which has been approved by the FDEP. The methodology of the request is consistent with this Policy. Community Development Board February 19,2013 FLD2013-01001 —Page 3 � Cll.��t'1�Ll.l Level II Flexible Development Application Review PL^xr��G&DEV�LOrMExT DEVELOPMENT REVIEW DIVISION u�_�^�i.xi':t r�_ : . Policy F.1.6.4 - Beach and beach dunes shall not be disturbed oY destroyed by any form of construction or development with the exception of wooden boardwalk structures which provide access to and from beach a�eas; and Policy F.1.6.7 - All dune vegetation shall be protected by local ordinance and by provision of dune walk-over structures for beach access. The proposal is for a boardwalk which will provide access to and from beach areas and is consistent with these Policies. It should be pointed out that those properties which do not include boardwalks have the indications of vegetative and dune degradation. This can be readily seen in the accompanying aerial photograph. Note that the center and far left properties do not include boardwalks and vegetative degradation is evident from the width and tracking of the foot-worn paths. The proposed boardwalk will traverse the dunes following their topography without cutting through them. In addition, the FDEP requires that all work on the boardwalk be done within the footprint of the boardwalk thereby preserving the maximum amount of native vegetation possible. The result will be safe and environmentally sensitive access from the property to the Gulf of Mexico. A ~" _ �� j _- fi ;�r f � _. - . ' is � � > ' '�T �-` r ]� ,4- � � y ., � `�r� - ,� ""+e �� a��•. ♦ � .r '•" � ��..*.. ,r_ r�t.-7�c, .. � �T� � � � _ `rt� � a r�� a t= c 7 M��.�.,.C,. \. .y .•�;�.#'II�` .� � _ �� .�J.* �' '�,: 1�� i� / .'� '�it+ . ¢ '��'.'' i J�M ,* . �'ta ' i� {1p -'>>i�+ � � k:: �} � ��f r+'�z�. � I �VS•L - � a. i �I , !'� . . .` �.`-:^-' . ?��'.-� ay��' �'� �.�'� �'��X •"P►y�'•�'' _y' ��,.',� �"��/.�� ^��s��K�" '-i aq? 'S?i'r�'y/af�+a �, ' '�'�.:.r i► ^�. J �( �,�' (M► 1'��... ,z+7/ +� �y �r /'j I!I � ,' ' �y.. ,�� .'� � }��~ . ��,'��k?��i��G ��G • jJ��•A_ j � 'C �'✓�� n3+ �+f��" ..�� f��~.{�;R•�"-`�'./.- �r �t� � �� ti= f.��... . �.�. + �� . � , �. � .��' � �' ��, �„ ,;(,�..�'` yi •- �A,;- � . `�,iT Y.�. , LL � . � ' � �i- . ,y �!'' � � Ircadery�£�9t2 Cccple,ktsp aata 9201<�ccp1G- Edit in Google Map Maker Rep I Community Development Code: The proposal supports the general purpose, intent and basic planning objectives of this Code as follows: Section 1-103.B.1. Allowing property owneYS to enhance the value of their property through innovative and creative redevelopment. The size, location and shape of the parcel are similar to other parcels in the area. The proposed boardwalk is consistent with the character of the area along Mandalay Point Road. Specifically, Community Development Board February 19,2013 FLD2013-01001 —Page 4 r C�LLIl 1"Y�Ll.�Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT p pp DEVELOPMENT REVTEW DIVISION U �°'�L�,`..Y.`, �'. . . .. the proposal is consistent with the property adjacent to the south (1100 Mandalay Point Road) as well as 1088 Mandalay Point Road and 1064 Eldorado Avenue (both farther to the south). Farther to the north properties located at 1136 and 1160 Mandalay Point Road have boardwalks which provide access to the beach. The proposal will provide an environmentally sensitive method for accessing the beach and Gulf of Mexico. Therefore, the proposal supports this Code section. Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Aerial photographs indicate that all or at least most surrounding properties to the north and south include paths from each respective property to the Gulf of Mexico. Most do not include boardwalks although at least five properties do appear to use boardwalks, at least in part, to access the beach. Based on aerial photographs properties which use boardwalks to traverse the dunes and vegetated areas have a far lesser impact on those areas. It is anticipated that the proposal will result in the conservation of the adjacent vegetated areas resulting in a positive impact on those surrounding properties. Therefore, the proposal supports this Code section. Section 1-103.B.3. Strengthening the ciry's economy and increasing its tax base as a whole. The proposal includes replacing an existing deteriorated boardwalk and providing an environmentally responsible method of access the beach. There is anticipated to be little if any impact to the City's economy or its tax base. Therefore, this Code section is not strictly applicable to the proposal. Section 1-103.D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the ciry are attractive and well-maintained to the maximum extent permitted by law. The proposal includes the replacement of a deteriorated boardwalk with a new boardwalk which will provide environmentally sensitive access to the Gulf of Mexico from the subject property. Therefore,the proposal supports this Code section. Code Enforcement Analysis: . There are no active Code Compliance cases for the subject property. Community Development Board February 19,2013 FLD2013-01001 —Page 5 ' Ll\.(il YtRL�t Level II Flexible Develo mentA lication Review pLn�m�G&nevELOeMExT P PP DEVELOPMENT REVIEW DIVISION � � :, _ , COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards for accessory structures and structures seaward of the CCCL as per CDC Sections 2-102, 3-201 and 3-905: Standard Proposed Consistent Inconsistent Minimum Setbacks Side: 10 feet South: 70 feet X North: 75 feet X Rear: 20 feet West: 30 feet X Minimum Setback from 20 feet Zero feet (boardwalk begins X' Coastal Construction approximately one foot east of the Control Line(CCCL) CCCL and continues west for approximately 365 feet) Maximum Height 15 feet Three feet (seven feet including X handrails � See analysis in Sta,�'Report COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS: The following table depicts the consistency of the development proposal with the General Standards for Level One Approvals as per CDC Section 3-914.A: Consistent Inconsistent l. The proposed development of the land will be in harmony with the scale, bulk, X' coverage,density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X' adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X� residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the Xt immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X' visual,acoustic and olfacto and hours of o eration im acts on ad'acent ro erties. 1 See analysis in Staff Report SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of February 7, 2013, and deemed the development proposal to be legally sufficient, based upon the following findings of fact and conclusions of law: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 2.31 acre site is located west side of Mandalay Point Road approximately 90 feet north of the northern terminus of Eldorado Avenue; Community Development Board February 19,2013 FLD2013-01001 —Page 6 ' 414111 ►!'t4ll.�Level II Flexible Develo ment A lication Review PLAxrr�r'G&DEV�LOPMENT p Pp DEVELOPMENT REVIEW DIVISION � ��: 2. That the subject property is located within the Low Density Residential (LDR ) District and the Residential Low(RL) Future Land Use Plan category; 3. That the subject property is not located in a special plan area; 4. That the proposal is to construct a boardwalk four feet in width, 366 feet in length and a maximum of approximately three feet above grade (seven feet including handrails) seaward of the CCCL and is subject to the requisite development parameters per Article 2 Division 1 and Article 3 Divisions 2 and 9 of the CDC; 5. That the site is currently developed with a Detached Dwelling; 6. The subject property is comprised of four lots with approximately 500 feet of frontage along Mandalay Point Road; and 7. There are no active Code Compliance cases for the subject property. Conclusions of Law The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: l. That the development proposal is consistent with the pattern of development of the surrounding neighborhood; 2. That the proposal is consistent with applicable portions of the Comprehensive Plan including Coastal Management Plan Element Goal E.2 and Policy E.2.2.1 and Conservation Plan Element Policies F.1.3.4 through 7; 3. That the proposal consistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1-103.B.1 and 2 and D; 4. That the proposal is consistent with the applicable standards for accessory structures as per CDC Section 3-201.B; 5. That the development proposal is consistent with the minimum required setbacks for accessory structures as per Section 2-102 of the Community Development Code; and 6. That the development proposal is consistent with the General Standards for Level One Approvals as per Section 3-914.A of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a boardwalk four feet in width, 366 feet in length and a maximum of approximately three feet in height (seven feet including handrails to be located seaward of the Coastal Construction Control Line (CCCL) in the LDR District under the provisions of Community Development Code (CDC) Section 3-905 subject to the following conditions: Conditions of Approval: General/Miscellaneous Conditions 1. That the final design and location of the boardwalk be consistent with the site plan and elevations approved by the CDB; 2. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; Community Development Board February 19,2013 FLD2013-01001 —Page 7 • ' _ Vl�.[t��lel Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REVIEW DIVISION 3. That all other applicable local, state and/or federal permits be obtained before commencement of the development; Timing Conditions 4. That application for a building permit be submitted no later than February 19, 2014, unless time extensions are granted pursuant to CDC Section 4-407; and 5. That prior to the issuance of any permit, all requirements of the General Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed. Prepared by Planning and Development Department Staff: �_ Mark T. Parry,AICP, Planner III ATTACHMENTS:Photographs Community Development Board February 19,2013 FLD2013-01001 —Page 8 MARK T. PARRY 1655 Linwood Drive Tel: (727) 742.2461 Ciearwater, FL 33755 E-mail: mparry@tampabay.rr.com SUMMARY OF QUALIFICAT/ONS A dedicated, AICP certified professional Planneii focused on contributing to the field of Urban Planning experienced in public and private sector planning. An excellent communicator, able to effectively interact with clients, local government officials and business professionals at all levels. Experienced in various aspects of urban design and planning, zoning regulations and permitting. OBJECTIVE To secure a Planning position which will allow me to continue improving the built environment and my community through sound and innovative planning and design principals. EDUCAT/ON COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ B.S. Landscape Architecture Major, Urban Planning Certification B.S. Environmental Planning and Design Certificate Urban Planning Golden Key National Honor Society; Sigma Lambda Alpha American Planning Association (Florida Chapter); member AICP#020597 40-hour OSHA (Hazwoper) Training EXPERIENCE PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present 08/98—04/05 Lead Planner; Senior Planner/Acting Development Review Manager • Responsible for nonresidential and single/multi-family site plan review and permitting. . Assist in the implementation and subsequent review of the Community Development Code. • Responsible for assessing and writing Community Development Code amendments. . Land Developme�t Code development, interpretation and application. • Provide, inspect and direct landscape review/design. • Acting Development Review Manager 9/99— 11/99 and 01/05—03/05. • Manage and direct Associate Planners. • Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation applications at in-house and public review meetings. • Principte Planner in creating and implementing Clearwater's Downtown Design Guidelines. Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan. DEVELOPMENT AND ENVIRONMENTAL SERVICES, CARDNO TBE 04/05—04/12 Senior Planner • Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair. . Responsible for nonresidential and single/multi-family site plan review and permitting. • Perform site design and inspections. • Provide technical planning support for engineering department. • Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments. • Research and write Evaluation and Appraisal Reports. • Create and update Special Area Plans/Form-based Codes. • Provide CADD support. • Assist with creating redevelopment marketing material. • Perform technical environmental services including soil and groundwater sampling. I � � . �.,,�,,_ , � , , . ... . ,,...", � . �a ,> ., _,..�• ;,�,�a ��° �•: � ,.. . 'r�": �� `A,k,.• a, , � .��.. fk � . � „. . �r x R . �r r . :� „ ,,.� � , � • ¢ _� a �Y �i �, fa��., yt .� +.'_�°.n�}V�ea+rM"'s��Y � _' � '�4. � ^-1Cy. � � 7;� :i; v�� ` �!��1� v r� ,� .! 44 `�� ,,. . X� � �;� v �,f�. �� , y n .� ` a� ��A�C��l ��f r� �'`v�_ .,, . ��; �� .,�3.�'��R i�`rn� '� �t, , :e i� �, I ��,' � N.. ~ .�" i.. ,Jr ��.1 � � � !/ . �','��y� �f��e�'f,r :��T�'�' - q '�' � ' L •�I :,1 . . 1i �� ,r. ' �,1 1 ! " � �r { � � f . „,_ .K.., . , ` � ��.' , .. .t w',� 4�✓. . 1 �a�. .b i y ,i n ... � � - �� j ! � ..�,1 +,�'. �:�� "`_ ^'. 4 ' ��b �;`."o �.y .:r��l. `,.'�;� ' r'''�' 1 4:� � ;•_}:� ��q . , �?-`�— r'a.` •!', . . , `aF. .�.. :r�..l/ ' `ft,r. '_��w o � •'.��l��9 i •'a��l ��r�, ui p��rcel luuhiu��st iruii� �a,� �nu.�i �.��,uu� V icw of parccl looking cast Crom wcst ei��oi �a��tui� board�valk. boardwalk. , ,.:.� � �"�� h �� . . . . . ' ��1.� i �I �t Y yh � .�� +. . � � � e .'=f .h r��G� °} Yr��l ! ,�� f�;,�3`M��{tt��"+. t � ' �i��'_ �� a� A�t3! ci,�. �8,t1 ��'��'t+� i �`�.% t t�� ¢S�� 5�y�:� } l� . ad� '. � ' i � � N `�� . .}{�, '` '� I s ' + � � � � �� ,¢f ►�M�� . � ; , } :., �Y � "�/y}/�f y�;•; `��!,�}? :`�;,� r� � ��..'�� ;��'`��ij7S^.S.J/,�,�t'� �" :k� i� �{� �. ry t f1�; ;� IY�, �/r.�j.��t _ ±- ' . � ... ��•}}}�� `�tq �. i N ��ll,��f�' ��.'�.'�J7 � ._ �� •� 4��w Y�t'��x>i3 1 :". t'' �� ~� �_ ti. �� ` �:.- + y '� •� a�� .t�,% C,,'� '+_�' , i �d A�r�y,� ,�'� �"�I,�,.��.. �E..n ��7,. . ��-1'.�O,�.,t}' �. View of�parccl looking east trom west propern linc. View of adjacent properties to the south which include boardwalks. y ... . � � � ��s't� ' y �� p. ,,,,�;' n y`�� y, ,t ;.� <<;"�� ,. � � M � ,, , +'�� i: rz 6'�b;��1 ��1' �ff 4^� ��,� � � �� y:� i �. ��.:,r ,r+ � � �,, ��. . „� � ;�� • �1 �`/s �-a. "17 � , , � � . "��, .SF' dM1J i :1 �� .�CN ��WT S :_.�y �' ;'E � t!� G •�. � �:, �'"• ,.•,�`. �F�'14�� ^��Y' .-s• a �•�. I� ��'.��i � �{rr. { 1 �I �� • ��. t F y �,. 3 i �� "i�� pli�'��f,� ;�J��-si.l� L��` .t :�� 'I t i� � �" � ` ��"-= ` � �uw:�, r r� < .h �<.-,��r{��r..A�' T.�� ,V��/ 45� !� ',l I� dA��p'�"�a .�� -'� '=*y,.cM`, �,�..}�•: ��l�C�r y✓`,^.��l ./�'?! u<�� ' �� '� �,Q!�' d �,� F , ��. .._ . . �, i..�., • `� � •-�' `:��'� �1'rc:�td1 ,. :.��' Luoking south��est at dunes and vegetation o�er�rhich the Looking E f��m the�vest side of the propert��. proposed board�valk�vili traverse. 1104 Mandalay Point FLD2013-01001 «� � Planning&Development Department � � ear�vater Flexible Develo ment A lication p pp �' Detached Dwellings, Duplexes orAssociated Accessory Use/Structures IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY,AND SUBMITTED IN PERSON(NO FAX OR DELIVERIES) TO THE PLANNING&DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS(1 ORIGINAL AND 10 COPIES)AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS(1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED,STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $300 PROPERTY OWNER(PER DEED): V a�l�$ ! l��C 7'� CC Cl 5 �y'- � MAILING ADDRESS: f? O- ,Qo k �� 8 , �'cYrPor� �`�r��qs, �G 3�6 8� PHONE NUMBER: � ?Z7, 9¢� ' 2S�� EMAIL: c�EYla�reo� �� 3^o S. C�rr7 AGENT OR REPRESENTATIVE: �O�Q}^'� �r �pY17'l�lj/�' MAILING ADDRESS: /B l�� U. �• ��• �-� �eri'�r/#�i0�, �.GG �� G 3�,�¢9 PHONENUMBER: �B/�j� 9¢f - '7¢'�f/ Ennai�: Y'5�orink�,C C�S�rf�?�2�.�eorl5ul�i�� , co� ADDRESS OF SUBIECT PROPERTY: l��/¢ NICY7'!C}Cl'<a' pOCYl� �LeCLrU/d1�1'- G 3�7'67 PARCELNUMBER(S): 3� � 2� — /,5—,S �oBL�--'40 d — 0020 LEGALDESCRIPTION: �lZe Gl� (�JG�l�� PROPOSED USE(S): �ZeSt�e7�!��!// DESCRIPTION OF REQUEST: eB"rl7C7S6d7? �`J �YO��'GG�cY �Otr�^Q�u/�'i�,� 3�olp Specifically identify the request L�'y�LLZ��e�y�l��'l <2�y' �Yl4� 7-�Pef !f7 u1l�T�"!. (include all requested code flexibility; �� bo�rdcv�//L GtJlll �c ele e.g., reduction in required number of �^�� " parking spaces, height setbacks, lot yy/l�nl��'J-?GL�'!7 �o ti�Ja�eS �lc�r- cc�or� c�,es's �-/ /rld�,E size,!ot width,specific use,etc.): 7'LjQ �`Ar�C�q dQp�jj-T�i?�� m� FJ�?1'�'YD`s»� ��o � . l�Ct 5 7"'e ✓?Qc�/2�dn� a�jd'rQ�c�rnc �oC��^4'uJ'QG,¢ , Planning&Development Department,100 S.Myrtie Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 Page 1 of 7 Revised 01/12 o Planning&Development Department � C �arwater Flexible Develo ment A lication p pp � Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. fAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. � �p� ,��yl 5�•1L �2 5�4�z�7�zc�� ZONING DISTRICT: O D�/� = dJ�� Crea�l�j �65{�G� ! � �. FUTURE LAND USE PLAN DESIGNATION: FZ L =��6Q2n�E?'/�OliJ� P % P�''Q'�2Y��'yJ EXISTING USE(currently existing on site): l�5��'/T`Q'/ �S��z�9�Q �a��'�y l�O�n2, PROPOSED USE(new use,if any;plus existing,if to remain): �Gl-r'j!��0 SITE AREA: P�OOf 8f3, 2 2 sq.ft. �� 1 acres GROSS FLOOR AREA(total square footage of all buildings): Existing: �j � �✓' J�' sq.ft. Proposed: �, O S3 sq.ft. Maximum Allowable: �j� G �¢ sq.ft. ��✓9j ��" 3�X' �' �� GROSS FLOOR AREA(total square footage devoted to each use,if there will be multiple uses): First use: 5j � '✓�' 3 sq.ft. Second use: — o ----- sq.ft. Third use: — o --°�- sq.ft. FLOOR AREA RATIO(total square footage of all buildings divided by the total square footage of entire site): Existing: � • f 7 �50✓3 =' 'L�I� /6/. ?j¢� Proposed: O •�7 Maximum Allowable: p .�C� BUILDING COVERAGE/FOOTPRINT(1s`floor square tootage of all buildings): Existing: �� J� 72 sq.ft. ( !�•5 'a %of site) Proposed: 5 72 sq.ft. ( LL.�.r� %of site) Maximum Permitted: sq.ft. ( %of site) GREEN SPACE WITHIN VEHICULAR USE AREA(green space within the parking lot and interior of site;not perimeter buffer): Existing: sq.ft. ( � %of site) � 1 � /�/ Proposed: sq.ft. ( %of site) VEHICULAR USE AREA(parking spaces,drive aisles, loading area): Existing: sq.ft. ( %of site) � � Proposed: sq.ft. ( %of site) Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 Page 2 of 7 Revised 01/12 IMPERVIOUS SURFACE RATIO(total square footage of impervious areas divided by the total square footage of entire site): � Existing: Proposed: Maximum Permitted: DENSITY(units, rooms or beds per acre): BUILDING HEIGHT: Existing: Existing: Proposed: Proposed: Maximum Permitted: Maximum Permitted: OFF-STREET PARKING: Existing: Note:A parking demand study must be provided In conjunction with any request Proposed: to reduce the amount of required off-street parking spaces. Please see the Minimum Required: adopted Parking Demand Study Guidelines for further information. WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 3�O � S�- �� ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: �-. �� South: (��f2 East: P West: O 5�(2 STATE OF FLORIDA,COUNTY OF PINELLAS .�-(� I, the undersigned, acknowledge that all Sworn to and subscribed before me this__�5 ' ` day of representations made in this application are true and accurate to the best of my knowledge and authorize p ��IP_ h�r— _, �Or Z,_.to me and/or by City representatives to visit and photograph the I�O.�r� 1�, �,nr i�.�,,who is personally known has property described in this application. produced — as identification. LJh� Signature o property owner or representative Notary public My commission expires: � Z.l.p r.;,�YL�.!.WHiTY' ��`,�<;'.x.. �q�TARY PUBLIC �; ��.�:. '�';z`�..' �•..:'+'° BTATE OF FLORIQA �� . .�':`,ti<�> r�rnrn#DD092W53 ,�'°�.:.:��: Ex��r�s 9/26/2013 �;<w�.. Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 Page 3 of 7 Revised 01/12 � Planning&Development Department � � ear�vater Flexible Develo mentA lication p pp � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT(FLD) APPLICATION, ALL FLD APPLICATIONS FOR A SINGLE-FAMILY DETACHED DWELLING, DUPLEX, OR ACCESSORY USE/STRUCTURE ASSOCIATED WITH EITHER A SINGLE-FAMILY DETACHED DWELLING OR DUPLEX SHALL INCLUDE A PLOT PLAN WITH THE FOLLOWING INFORMATION: � Responses to the General Applicability criteria as set forth in Section 3-914.A. The attached Flexible Development Application � General Applicability Criteria sheet shall be used to provide these responses. Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the subject property is located. The attached Flexible Development Application Flexibility Criteria sheet shall be used to provide �these responses. A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. �� ❑ If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. §723.083,the application must provide that information required by Section 4-202.A.5. � If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other si milar marine structure, then the application must provide detailed plans and specifications prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks. �A ❑ A tree survey showing the location, DBH (diameter at breast height), and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. m A si e plan with the following information: �North arrow,scale,location map and date prepared. � Location of the Coastai Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard Area,and the Base Flood Elevation(BFE)of the property,as applicable. �pr ❑ Location,setbacks and use of all existing and proposed building and structures. �yJ� ❑ Location of all existing and proposed parking areas,sidewalks and driveways. �f� ❑ Location,type of material and height of all existing and proposed fences. �J� ❑ Location of all existing and proposed utilities, including water,sewer,gas,and stormwater. �.1i� ❑ Location of all existing utility easements, including Officiai Records book and page numbers, and any proposed utility easements. � ❑ Building or structure elevation drawings that depict the proposed building height, building materials,and concealment of all mechanical equipment located on the roof. Pianning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 Page 4 of 7 Revised 01/12 _ _ __ _ o Planning&Development Department � C earwater Flexible Develo ment A lication p pP ' General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX(6) GENERAL APPLICABILITY CRITERIA EXPLAINING HOW, IN DETAIL,THE CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL. 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density ynd character of adjacent properties in which it is located. Th2�vra�o�a� �7o aro/cuc�/� tS �n=�'s�z�-tg y��fj �,� ��cS O a�/m.n� ug,e c�»z�w�i`�o�Gi�r bm�rrc��ua�s �;,�� arecG � �Gre �oc�. T��P�r�,vosr�o� }�12 ,6ocrr�cual� <S 7�/»'��R7�575•iq�s�cyncesSJfY�1►7r� rtzS��tneC �° � �TC�er�,7� GUlT`so�GGa <3� �irC. �"GVneS GL�'ta�O!""2� G�J� , .Z�� o �fLTS aJIY! QCC25S S�Gc�J76yj cr� h�rrr.orry cur' t``� eny`r'rr��rne:. and swrro��,a /cL�c�! uses. 2. The proposed development will not hinder or discoura e the appropriate development and use of ad'acent land and buildings or significantly impair the value thereof. Tti� �n�� ba�rc�/c.�cyl�2 t� lac�7e� a�j°�Ox�m��l� G)t T�2 'yi1<6XUUlL 2 e� l��ro��r�cL GL�'!d ¢77TL J'L lt� o r� T�G �.00Y'7� -.�T ui i%�/7�� G'yi TLo'�Y,� u/t�l�'! CZ?yL1 ��j� a��TJG TIL'S osr �d/ec��77'-�--,�r'7TL5 � 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. r� ,6r��do5e��oa�-4�u�Q!ll�. rrresen�5 Ylo Gi�C��7"Li or 5a ��'C�5� 7"h� baarqfuJ�ll2- �?�Z5 �ee�r ��'�i�q'�?�'�a-caor��nq T� 7�' 2yt�'r4,�r�ae,�7�lr,ule5 oG 7�� P c�n� �'T l�a S Y�'c��'r/�� r�� r�dr� �e ��f� _ 4. The proposed development is designed to minimize traffic congestion. TGi�c Bra,do�2��9 o ex v�u�c�/�- u�c ll �o�a'�� f�i'� on� w� a�r �G�-¢� a��". 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. rLie c�.sar^rr�I�r a� g�GiE �o�xnacant`� �S ��fi�7�horne5 �5��n� � 2�fofy 1�i¢ v�2cr� C-cr-e� � rrG�rca7xc�rc�C�¢s�e�i� o�c 7�2 �ocal� . T��ro�vos� �Joara/�va 1G1. �'s c�s�'�� w�t�. �eyc �ses Q,�d t�s IFe9�/e . Z'��s cCcr�qn�� ,p r2 ve r�� 5'�s-iG�.�Lear� 7�.e 2 zl v�'r-t��ne st�"ce��e �� <'ss eonSY's�`,rr9`�u�r J�i sa e�+ cC�c°S, / 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfa/ctory and hours of operation impacts,on adjacent properties. 7'�2 a�¢sr9�! c��L1lc�i'�o a'g�fooa�cs�cval,r�, yn<'�.��geS ��r52 ��-�`5 hy�'r�{��iyc� {�i2 en�'ra�amc�tf �'l�s��ra�ose�de��j��' <s �lu�CQ C� �-,rpo rJv [ ��e Q�cG7�.C. � G �'"d � al�w /�z2 9�cG�a�3 7� rr�i y� �z sat� T�u �oq�d� 1J�z92 7�' �! �q!"o�v �,olsr�i s'lvi 74'Q� . uJa.lfz�K9 c�cc r�c s s �tl. �u�s¢.5 .�s,r,�a �ii¢ r�z s•u�¢y�� 7�0 l�s¢ SLroare �s �,�s7��-��i�� o l�se e�✓i',�m�e� laowe,r�r� �uo�l�2irs9 �-i-r t�i26oara/urol� a �/ �jQ,l� n-o �Q91.y1`�� C��,UCt� S. '�e�ro�-✓o524� �voc�ro�ivts-�� S �a,�• v�'su�.l'!.� ddv�z.^�2 Planning E�Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 J Page 5 of 7 / T Revised 07/12 '7�?�j,�s y3p �?OIV�J G�rJ� �GX 5 7�d aqLpY. ! �¢r2 �i-.e n°�rr��oSCcY <G��9��+'�nS OY/ /dDa[-r'$ t�f` US� .- o Planning&Development Department � � earwater Flexible DevelopmentApplication � Flexibility Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(5) BEING REQUESTED AS SET FORTH IN THE ZONING DISTRICT(S)IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW,IN DETAIL, EACH CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL(USE SEPARATE SHEETS AS NECESSARY). 1. 2. 3. 4. 5. 6. 7. 8. Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 Page 6 of 7 Revised 01/12 Responses to the Flexibility Criteria for the proposed Boardwalk per Zoning District— Open Space / Recreational (OS/R): 1. The construction of the boardwalk is indispensable to provide pedestrian access from the residence to the waterfront without damaging the dunes and/or vegetation. 2. The designated Land Use of the area where the boardwalk is to be constructed is Preservation (P). Therefore construction of the boardwalk is a necessity to comply with the Comprehensive Plan. 3. The entire Boardwalk is located approximately in the middle of the property and entirely on the property. It will not interfere with any future activity on adjacent properties. 4. The character of the community is Gulf front homes designed to enjoy the view and the recreational benefits of the locale. The proposed Boardwalk is consistent with these uses and this lifestyle. It is designed to prevent destruction of the environment while staying consistent with nearby uses. 5. The construction of the boardwalk will minimize adverse impacts by protecting the environment. The proposed design is placed above the dune topography to allow the dunes to migrate and the coastal vegetation to grow uninhibited. Walking across the dunes from the residence to the shore is destructive to the environment; however, walking on the Boardwalk has no negative impacts. The proposed Boardwalk is not visually adverse, makes no noise, and has no odor. 6. a. The proposed boardwalk will not interfere with any future activity on adjacent properties. b. The proposed boardwalk complies with the Florida Department of Environmental Protection (FDEP) criteria for the design of"Beach and Dune Walkover Guidelines'. c. The design of the proposed Boardwalk minimizes adverse impacts by protecting the environment. Its width has been limited to 4', the height above existing grade has been set to a minimum of 6", the railing has been kept open, it has been located in the middle of the property; all of these steps were taken to blend with the environment. d. The boardwalk has been designed as simple but safe; with two goals in mind, to protect the dunes and vegetation, and to provide a safe pedestrian access to the waterfront. e. The boardwalk has been design almost at the center of the property which provided buffers in excess of 60 feet from the closest property line. The dunes and existing vegetation provided the natural landscaping adjacent to the boardwalk. �; (` } Plauning 8z Development Department � l� e��t�{�� Flexible Develo inent A lication P pp " Affidavit ta Authorize Agent/Representative 1. Provide naines nf ail�roperty owners on deed-PRINT full names: �GaG�?7C�°✓ �6 ��-7" C t��✓�' c..l)'"• 2. That(I am/we are)the owner(s)and record title holder(s)of the following described property: �c�r� a.�c��z�c� �'.�-l�L lbt��" .,� � 3. That this property constitutes the property for�vhich a request for(describe request): Cora57�t-ucTr� c� d �aczr��'c.�/�`G ff"�"'rn.,>rr� 7�fa.e �ac��r� �c�r��'�~c.t�y�j / j c� �` ?� GG�Yd�Y'D� t i�r�,,'�' �C C C L� �c� /��_5'�.''cz.Lc.rrz.o-- <�.�t o,� ��.E' ��i� �/��'.'�'l Co_ 4. That the undersigned(has/have)appointed and(does/do)appoint: �D kJf�.-'l'"� �4�. s� F`t��'�� as(his/their)agent�s)to execu e any petitions or other documents necessary to affect such netition; S. That this affidavit has been executed to inducc the City of Cle�rwater, Florida to consider and act on the above described praperty; � l G. That site visits to the property are necess ry by ity r�pres`entatives in order to process this application and the owner authorizes City representatives to visit and �hota raph the p�perty described in this application; `Z 1 7. That(I/,�-e ,the undersig�c thority, her ce tify that e foregoing is true and correct. � �� f �' / j �,, ��, �,° �� - ; „ , , - � , �.._,� _ ------ ✓ -------__-------..._------------ — �` Property0 �ner � � ProperYy Owner �,: /, � Property Owner j � Property Owner / _. S7'ATE OF FLORIDA,COUNTY OF PiNELLAS l3EFORE ME Tf-IE UNDERSIGNED,AN OFFICER DUf_Y COMMISSIONED BY THE�AWS OF THF_STATF_OF FLORIDA, ON THIS �`�" �� DAY OF /VG V��?��'r -�"�-d��-' , PERSONALLY APPEARED �/ CLrrI�,S f��,Z�6'' ��5 �p". WHO HAVING[3EEN FIRST DULY SWORN —�`---------- DEPOSED AND SAYS THAT H�SHE 1=ULLY UNUERS�ANDS Tf-IE CONTENI"S OF THE AF�IDAVIT THAT HC/SHE SIGNED. NOTARY Fti�.�.:C-5 :::fF�!?P FLORIDA � ""'', rru�dy Thomas �—� �i�_Comrriissics��;�DD998298 � ��r�-- � •.,,�.=Expires: ,1tTNE 07,2014 -- BONDEDTHRUATLAhTICBONDINGCO,nac. Notary Public Signature Notary SeaUSt�mp My Coi7�mission Expires: d/�,�� ,Z-lJ� 7-- -------------...---- Planning&Development Depaitment,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;F2x:727•562•48G5 Page 7 of 7 Revised 01112 r � ORT Filc No.11072367 Agcnt Filc No.: GILLS � Policy Number:OXFL.-OA05'IQ84 E7CHIRIT A Lots 2,2A,3 and 3A,MANBALAY POINT SUB.,according to the map or plat thereof as recorded in Plat Book 20, Page 68,of the Public Records of Pinellas County,Florida. TOGETHER WITH ALL RIGHT,TITL�,AND INTEREST IN AND TO ACCRETED LANDS EX'I'ENDING WESTERLY TO THE MEAN H1GH WATER LINE OF THE GULF OF MEXICO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEASTERLY CORNER OF SAID LQT 2,AND RUN S. 77°00'30" W. (S. 77°16' W., PLAT) ALONG THE SOUTHERLY BOUiVDARY�P SA1D LOT 2,A DISTANCE OF 124.33 F6ET Tq THE SOUTHWEST C012NER OF SAID LOT 2;THENCE CONTINUE TO RUN S. 77°00'30" W. (S. 77°t6' W., PLAT)ALONG THE WESTERLY EXTENSiON OF THE SOUTHERLY BQUNDARY OF SAID LOT 2,TO A POINT ON THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO;THENCE RUN IN A NORTHERLY DiRECTION,MEANDERIIVG THE MEAN I-IIGH WATER LINE OF THE GULF OF MEXICO, 155 FEET,MORE OR LESS,TO A POINT LOCATED S. 76°SR'26° W. (S. 77°16'W.,PLAT)OF THE NQItTHWESTERLY CORN�R OF SAID LOT 3;THENCE RUN N. 7b°58'26" E (N.77°16' E.,PLAT} TO THE NQRTHWESTERLY CORNER OF SAID LOT 3; THENCE RUN N. 76°SS'26" E. (N. 77°16' E., PLAT) ALONG THE NORTHERLY BOUNDARY OF SAID LOT 3,A DISTANCE OF 125.03 FEET TO THE NOR7'HEAST CORNEI2 OP SAID LOT 3;THENCE RUN S. l9°09'00"E.ALONG THE EASTETtLY BO[JNDARY OF SAID LOTS 2 AND 3, A DISTANCE QF 85.23 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT;THENCE CONTINUE TO RUN ALONG THE EAS'TERLY BOUNDARY OF SAID LOT 2, 68.95 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 179.15 FEET,A CENTRAL ANGLE OF 22°03'08", AND A CHORD OF 68.53 FEET WHICH BEARS S. 08°04'S8"E.TQ THE SdUTHEAST CORNER OF SAID LOT 2,ALSO BEING THE POINT OF SEGINNING. TOGETHER WITH a non-exclusive easement for ihe ptivate roadway known as PALMER-HAYWARD RESERVED,created by Dedication of a Private Roadway recorded in Deed Book 745,page 1,Public Records of Pinellas County,Florida. 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'� �t;"' �� "�`�_ � �� , , r ; .�' _--. ? , , .,;� � , . ,� .. � � ,�. } T 1 1'u. 1 �, . � y � �r/1 �' �� 1 � F , y , - �. � ,. �R" � �� t ,. ..� ,`* �' �"��,. rt'r '' ` � 1 , �� :�,� . �, .��:-., �� .r � , , ��,�'=* �� y d � ' `' "� _ " , , . 1 � .�. ^ "��` m e� 1 - � � . • , , .t.� , ., , . �:' 7 �n � . � ' ,: :; x +� . � � _ ��'>r` ! . ' _�_ _ _ �` , t .: fi t r m �� -- — � � ` ORT File No.11072367 Agent File No.: G1LLS � * �* OWNER'S POLICY OF TITLE INSURANCE (wich Ftorida Nloditicacions) * * Policy Number ��I.-�g057084 � � ,� Issued by Old Republic National Title Insurance Company � # * .� * Any notice of claim and any other notice or statemcnt in�vr3ting required to be given to the Compnny under this Policy must be given to the Company at the nddress showo in SectFon 18 of the CondItions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVL•RAGE,THE EXCEPTIONS FROM COVERAGE CONTATNED iN SCHEDULE B,AND THE CONDiTIONS, OLD REPUBLIC NAT[ONAL TITLG INSURANCE COMPANY,a Minneso�a corporation(the"Cornpany")insures,tu of Dute of Policy,ugainst loss or dumage,not exceeding the Amount of Insurance,sustained or incurred by the[nsurcd by reason of: I. Title being vested other thun as swted in Schedule A. 2. Any defxt in orlien or eocumbrance on the Title. This Covered Risk includes 6ut is not limited to insurance against loss from: (a) A def�t in�fie TiUe caused hy (i) forgery,fraud,undue intluence,duress,incompetcncy,incapacity,or impersonation; (ii) failure of any person or Entity to have auilioriud a transfa or conveyance; (iii) a documrnt affecting Title not properly crcated,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perfortn those acts necessary to create a docwnent by electronic means authoriud by law; (v) a dceumrnt executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed,recorded,or indexed in the Public Records inclading failure�o perfortn those acts by electronic means authorized by law;or (vii) a defective judicial or administrrtive proceeding. (b) The lien of real estate taxes or assessmen�s imposed on the Title by a govemmenml uuthority due or payable,but unpaid. (c) Any rncroachment,encumbrnnce,viotation,variation,or adverse cimamsiance afTecting the Title that would be disclosed by an accurate and comptete land survey of the Land. The tettn "encroachmrnt" includes encroachmentc of existing improvemen�s located on the Land onto adjoining land, and encroachments onto the Land ofexisting improvemenls localed on adjoining land. 3. Unmarlcetable Title. 4. No right of access to and from the Land. 5. 'Ihe violation or enforcement of any luw,ordinunce,penni4 or govemmenlal regulation(includin�those retating to building and zoning)restricting,regulating, proh�iting,or�elating ta (a) the occupaacy,use,or enjoyment of the Cund; (b) the character,dimensions,or location of any improvement erected on the Land; (c} the subdivision of land;or (d)environmental prottction if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or rnforcement referred to in that notice. Issued through the Office of: OLQ REPElBIIC NAT10NA1 T1TLE INSURAHCE COMPANY PEPPLE CANTU SCHMIDT,PLLC A�� 2430 ESTANCIA BLVD. ��,�� SU1TE 114 (6t1/37!•l111 CLEARWATER,FL 337G1 P one: 727-7240I00 B1' �//'�j,�..(l1R'.,��_ � Authoriud 5ignaturc - ` / / � �� 6. An enforcement action based on the axercise of a governmental police power not covered by Covered Risk 5 if p notice of the enforcement action,describing any part of the Land,is recorded in the Public Recards,but only to the extent of the enforcement refersed to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any paR of the Land,is recorded in the Public Records. 8. Any taking by a govemmenta!body thal has occurced and is binding on the rights of a purchaser for vnlue�vithout Knowledge. 9. Title being vested other than as stated in Schedule A or bcing defective (a) as a rcsult of the avoidance in whole or in part,or Prom a court order providing an ulternntive remedy,of a transfcr of all or any part of the title to or any interest in the Land occurring prior to il�e trnnsaclion vcsting Title os shown in Schedule A because that prior transfer constitutcd a fraudulent or preferential transfu under federal baokruptcy,state insolvcrscy,or similar creditors'righls laws;or (bj because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferen�inl irnnsfcr under federal bankruptcy,smte insolvency,or similar creditors'righu(nws by reason oPthe failuro of its recording in lhe Public Records (i) eo be timely,or (ii) to impan notice of iLS existeace to a purchaser for valae or to a judgment or lien crcditor. ORT Form 4309 ALTA Owner's Policy ofTitle insurance 6-17-06 10. Any defect in or lien or cncumbmnce on thc Title or other matter included in Covered Risks 1 through 9 that has been crcated or uttached or has bern fi(ed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records Ihat vests TiQe as shown in Schedule A. Tf�e Company will also pay the costs,altomeys'fees,and expenses incurrcd in defense of any matter insured against by ihis Policy,but only to the extent provided in the Cortditions. EXCLUSIONS FROM COVERAGE The foltowing matte�s are exprcssly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses thot azise by reason of: 1.(a)Any law,ordinaztce,permit,or governmental regulation(including thos�relating io building and zoning)restricting,regulating,prohibiting,or relnting to (i)the occupancy,uso,ar enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv)envimnmental protection; or the effect of any violation of these laws,ordinances,or govemmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) My govemmertal police power. This Exclusion 1{b)does not modify ar limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse elaims,or other maaers (a) creaied,suffered,assumed,or agreed►o by the Iasured Claimant (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the lnsured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no lass or damage to the Insured Claimanr (d) atteching or created subsequent to Date of Policy or (e) resulting in loss or damage that would not have bceo sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar cceditors'rights laws,that the transaction vesting t6e Title as shown in Schedule A,is (a) a fraodulent conveyance or trnudulent transfer,or (b) a preferential trdnsfer for any renson not stated in Covered Risk 9 of this policy. 5. Any Iien on the Tide for real estate taxes or assessments imposed by govemmental authority and created or attnching between Date of Policy and the date of recording of the deed or other instrument of transfa in the Public Records that vests Title as shown in 5chedule A. CONDITIONS l. DEFINITION OF TERMS The following tertns when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schednle A,as muy be increased or decreased by endorsement to this poficy,increased by 5ection 8(b),or dxreased by Sections(0 and I 1 oFthese Conditions. (b) "Date of Policy": 7'he date designated as"Date of Policy"in Schedule A. (c} "Entity": A corporation,pnrtnership,Wst,limited liability company,or other similar legat entiry. � (d) "Insured": The Insured named in Schedule A. (i) The tertn"Insured"also inetudes (A) successors to the Title of the insured by operation of law as distin�uished from purchase, including heirs, devisees, survivors, personal rcpresenmtives,or next of kin; (B) successors to an insured by dissolution,merger,consolidation,distribution,or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D} a grantee of an Insured under a deed delivered without payment of actual valuable considemtion conveying the Title (1) if the stock,shares,memberships,or other equity interests of�he grantee nrc whollyowned by�e named Insured, (2) if the grantee wholly owns the named Insured, (3} if the grantee is wholly-owned by an affiliated Entity of the named fnsured,provided the affilieted Entity and the named Insured are both wholly-owned by the same pecson or Entity,or (4) if the grantce is u uustee or beneficiary of a uust created by a written insttument esmblished by the Insured named in Schedule A for es�ate planning purposes. (ii) With regard to(A),(B},(C),and(D)reserving,however,al)righls and de1'enses as to any successor that the Company would have hnd against any predecessor Insured, (e} "Tnsured Claimant": An[nsured claiming loss or damage. (� "Knowledge"or"Known": Actual knowledge,not constructive Icnowledge or notice thnt may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting Ihe TiQe. (g) "Land": The land described in 5chedute A,and affixed improvements that by Iaw constitute real property. The term"Land"does not include any property beyond the lines of the area described in Schedule A,nor any righl,title,interesy estate,or easement in abWting streets,roads,avenues,alleys,lanes,ways, or waterways,but this does not modify or limit the exunt that a rig6t of access to and trom the Lund is insured by this policy. (h) "Mortgage": Mortgage,deed of trust,wst deed,or other security instrument,including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for�he pwpose of imparting conswctive notice of matters rclating to real property to purchasers for vatue and without Knowledge. With respect to Covered Risk 5(d),"Publie Reeords"shall also include environmental protection liens filed in the records of the clerk of the United 5�ates Disvict Court for the district where the Land is locoted. (j) '"Tide": 7'he estate or interest described in Schedule A. (k) "Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospactive purchaser or lessee of the Title or leoder on the Title to be rcleased from the ob(igation to purchase,lease,or tend if there is a convactual condition requiring the delivery of mazketable title: 2. CONTINUATION OF INSURANCE (a) 7'he covemge of this policy shall continue in foroe as of Date of Policy in favor of an Insured,but only so long as the(nsured retains an estate or intemst in the Land,or holds an obligution secured by a purchnse money Mortgage given by u purchaser from tbe Tnsured,or only so long as the fnsured shall have linbiliry by reason of waaanties in uny transfcr or conveyancc of the Title. This policy shall not continue in force in fuvor of any purchascr from the Insured of either(i)un estate or interesl in the Lund,or(ii)an obligation secured by a purchnsc money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAiMANT The Insured shall notify the Company promptly in writing(i)in cnse of any litigation as set forth in 5ection 5(a)of these Conditions,(ii)in case Knowledge shall come to an Insurcd hereunder of any ctaim of title or interest that is adverse to the Titic,as ins¢red,and thut might cause loss or damage for which the Company may be liable by virtue of this policy,or(iii)if the Title,as insured,is rejected as Unmurkotubte Title. If the Compnny is prejudiced by the failure of�he insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unab{e to determinc the amount of loss or damage,the Compuny mny,ut its option,requirc as a condition of payment that the[nsored Cluimnnt Furnish n signed proof of loss. The proof of loss must describe the deCect,licn,encumbrance,or other matter inswed egninst 6y this policy that canstitutes the basis of loss or damuge and shail state,to the extent possible,the basis of calculating the amount of the lass or damage. S. DEFENSE AND PROSECUTION OF ACTIUNS (a) Upon written request by the Insured,and subject to Ihe options contnined in Section 7 of these Conditions,the Company,at its own cost and without unreasonable delay,shall provide for the defense of an insured in litigation in which any third party asserls a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated cnuses of action ulleging matters insured against by this policy. The Company shatl have the right to select counsel of its choice(subject to the right of the insured to object for reasonable cause)to mprese�t the Insured as to those stated causes of action. It sBall oot be liable for and will not pay the fees of any other counsel, The Compeny witl not pay any fees,costs,or expenses incuaed by the[nsured in the defense of those causes of action that apege matters not insured against by this poficy. (b) The Company shall have the right,in addition to the options contained in Section 7 of these Conditions,at its own cost,to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desim6le to establish the Title,as insured,or to prevent ot reduce loss or damage to 1he insurcd. The Company may take suiy appropriate action under the tertns of this policy,whether or not it shall be liable to the Irisured. The exercise of these rish�s shall not be an ndmission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it musl do so diligently. {c} Whenever the Company brings an aetion or asseru a defense as required or permitted by this policy,the Company may pursue the litigation to a final deurmination by a court of competent jurisdiction,and il expressly reserves the right,in its sole discretion,to appeal any adverse judgment or order. 6. DUTY OF 1NSURED CLAIMANT TO COOPERATE (a) [n aU cases where this policy permits or requires 1he Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use,at its option,the name of the insurcd for this purpose. Whenever requested by ihe Company,the Insurcd,at tht Company's expense,shall give the Company all reasonable aid(i) in securing evidence,obtaining�vitnesses,prosecuting or defending�he action or proceeding,or effa►ing settlement,and(ii)in any other lawful act that in the opinion of the Company may 6e necessary or desirable to establish the Title or any other matter as insured. If the Company is prejadiced by the failure of the[nswed to furnish the required cooperation,the Compuny's obligations to the insured under the policy shall terminate, including any liability or obligation to defend,prosecute,or conlinae any litigation,with regard to the mat�er or matters requiring such coopemtion. (b} The Compuny may reasonabty require thc insured Clairnant to submit to exnminntion under onth by any authoriud representative of the Company and to praluce for examination, inspectian, and copying, at such reusonnble times und pluces as may be designated by the authorized representative of the Company,aq rccords,in whatevcr medium maintained,iacluding books,ledgers,checks,memoranda,correspondence,reports,c-mnils,disks,tapes,and videos whether beazing a date before or afler Date of Policy,that reasonabty pertain to the toss or damage. Further, if requestcd by any authorized representative of the Company,the Insuced Claimant shall grant its permission,in writing,for any suthoriud�epresentative of the Company w ezamine, inspect,and copy aU of these recocds in the custody or control of a lhird party that reasonably pertain to the toss or damage. All information designated as confidentiul by the Insurcd Claimnnt provided to the Company pursuant to this Sectioa shall not be disclosed to olhers unless,in the rcasonable judgment of the Company, it is necessary in the administration of the cluim. Feilure of the insured Claimant to submit for examination under aath,produce any reasonably roquested informution,or g�vnt pertnission to secure reasonably necessury information from third parties as required in this subscction,unless prohibited by law ar govemmentel regulation,shall terminnte any liubility of the Company under this policy as to thnt claim. 7. OPT10N5 TO PAV OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY in case of a claim under this policy,the Company shall have the following addi►ional options: (a) To Pay or Tender Payment of the Amount of(nsurance. To pay or tender payment of the Amount of Insuraocc under this policy together with nny costs,attorneys'fees,and expenses incurred by tho tnsurcd Claimant that were authorized by the Company up to the time of puyment or tendcr of payment und that the Company is obligated to pay. Upon the cxcrcise by the Company of this option,all Iiability and obligations of the Compnny to the Insured under this policy,other than W ma&e the payment required in this subscction,shall terminnte,including any liability or obligution lo defend,prosecute,or continue any litigation. (b) To Pay or Othernise Settle Witb PaAies Olher Than the fnsured or With the Insured Claimant. (i) to pay or othenvise settle with other parties for or in the nnme of an Insured Claimant any cluim insured against under this policy. In addition,the Compuny will pay any costs,attomeys'fees,end expenses incurred by ihe Insured Claimant that were authorized by the Company up to the time of payment and that the Compuny is obligated to pay;or (ii) to pay or othenvise settle with the Insured Claimunt the loss or damage provided for under this policy,together with any costs,nttorneys'fees,aod expenses incurred by the Insured Claimant that were authorized by the Company up to the time of paymcnt and that the Compuny is obligaud to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligalions to the Insured under this policy for the cleimed loss or damage, other thun the pnyments required to be mude, shall terminate, including any liability or obligntion to defend, prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABIGITY This policy is a contract of indemniry ugainst actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liabiliry of the Company for loss or damage under this policy shall no�exceed the lesser of (i) the Amount of Insurance;or (ii) the difTerence between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its righu under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shal)be increased by 10%,and (ii) the(nsured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the insured C[aimant or as of the date it is senled and pnid. (c) [n addition to the exteat of liability under(a)and(b),the Company will also pay those cosu,attameys'fees,and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LTABILII'Y (a) if the Compnny eswblishes the Title,or removes the nlleged defect,lien,or encumbrance,or cures the lack of a right of access to or from the Latsd,ar cures the claim of UnmArketable 1'itle,all as insured,in a reasonably diligcnt menner by any melhod,including litigation und the completion of any appeals,it shnll hnve fully performed iu obligations wi�h respect to that mntler nnd shall not be liable for any loss or dumage caused to�he[nsured. (b) in the event of any litigation,including liti�ation 6y the Company or with the Company's consent,tt�e Company shall have oo liability for loss or damage until there has been a final determination by a court ofcompctcnt jurisdiction,and disposition ofall appenls,adverst to the Title,as insured. (c) The Company shall oot be liable for loss or dnmuge�o the[nsured for liability voluntarify assumed by thc Insured in settling any claim or suit without Ihe prior written consent of the Company. 10. REDUCTION OF INSURANCE;REDUCI'ION OR TERMINATION OF LIABILITY AIt payments under this policy,except payments made for costs,attorneys' fees,aod expenses,shall reduce the Amount of Insurance by the amount of the paymenG 11. LIABILITY NOPICUMULATIVE The Amount of insurac�ce shall be reduced by nny nmount the Company puys under any policy insuring a Mortgnge to which exception is mken in Schedule B or to which�he Insurcd has agreed,assumed,or taken subject,or which is executed by an Insured after Dute of Policy aod which is a charge or lien on the Title,aod the amount so paid shall be deemed a payment to the[nsured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage heve been definitely fixed in accordunce with these Conditions,the payment shull be madc within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy,it shall be submgated and entitled to the rights of ttse Insurcd Claimant in the Title nnd all other righu and remedies in rapect to the claim that the Insured Claimant has agninst any person or property,to the extent of the amount of any loss,costs,attomeys'fees,and expenses paid by the Compuny. Ifrequested by the Company,the InsureJ Claimant shall execute documents to evidettce lhe uansfor to the Company of these rights and remedirs. The lnsurcd Claimun�shall pertnit the Company to sue,compromise,or settle in the name of the Insurcd Claimant and to use the name of the Insurcd Claimant in nny transaction or litigation involving these rights and remedies. If u payment on account of a claim does not fuUy cover the loss of the lnsured Claimant,the Company shall defer the exercise of its right to nwver until after the Insured Claimunt shall have recovercd its loss. (6) The Company's right of subrogation iocludes the rights oE the[nsured to indemnities,suaranties,other po(icies of insurnoce,or bonds,notwithstandin�any terms or conditions contained in those instrumsn�s�hat address sobrogation rights. S4. ARBITRATION Unless prohibited by applicable iaw,arbitration pursuant to the Title Insaraoce Arbitration Rules oC the Americart Arbivation Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Ar6itrable matters may include,but are not limited to,any conuoversy or claim between the Company and�he Insured azising out of or rclating to this policy,�ny service of the Company in connection with i�s issuance or the breach of a policy provision or othec obligation. Aebitration pursuant to this policy and under the Rules in effect on the date the demand for tvbitraaon is made or,at the option of the Insured,the Rules in efTect at Date of Policy shall be binding ugon the parties.The aw�rd may inclade attomey's fees only if the luws of the state in which the land is located pe�mit a court to awa�d attorneys'fees to u prcvaiting party. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court huving jurisdiction thereof. 'Ihe law of the situs of the land shall apply to an arbitration under thc Title Insurance Arbitration Rules. A copy of the Rutes may be obtained from the Company upon rcquest. t5. LIABILITY LIMITED TO TH1S POLICY;POLICY ENTIRE CONTRACT (�) This poliey together with all endorsemenu,if any,attnched lo it by the Company is the entire policy and contract between the[nsured and the Company. In inte►preting any provision of this policy,this policy shall be canstrued as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any¢ction asserting such claim shall be restricted to this policy. (c) Any nmendment of or endorsement�o this policy must be in writing and authenticated by an authorized person,or exprcssly incorporoted by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made u pnrt of this policy ond is subject to all of its tertns and provisions. Except as the endorsement expressly states,it does not(i)modify any of the tenns and provisions of the policy,(ii)modify any prior endorsement,(iii)extend Ihe Date of Policy,ar(iv) increase the Amount of Insurance. 16. SEVERABILI7'Y In the event any provision of this policy,in whole or in part,is held invulid or unenforceable under applicable law,the policy shnll be deemed not to include that provision or such part held to be invalid,but ull other provisions shull rcmain in full force and ef1'ect. 17. CNOICE OF LA W;FORUM (a) Choice of Law: The[nsured ecknowledges the Company has undenvritten�he risks covered by this policy and detertnined the promium charged therefor in reliance upon the lew affecting intcrcsts in real property and opplicable to the interpretation,righu,romedies,or enfoncement of policies of title insurance of the jurisdicuon where the Land is located. Therefore,the court or an arbitrator shall apply the l�w of thc jurisdiction wherc the Land is located to determine the validity of claims ageinst the Tide that are adverse to the Insured and to ineerpret and enforce the lerms of this policy. In neither case shaU the court or arbitrator apply its conflicts of law principles to determine the upplicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the[nsured ngainst tMe Company must be filed only in a state or fedeml coun within the United S�ates of America or iu territories having uppropripte jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing rcquircd to be given to lhe Company under this policy must be given to Ihe Company at 400 Second Avenue South,Minneapolis,Minrsesota 55401•2499. -K * '� K. � * � # � � �r i` � � SCHEDULE A Name and Address of Title Insurance Company: OLD REPUBLIC NATIONAL TlTLE INSURANCE COMPANY 400 Second Avenue South Minneapolis,MN 55401-2499 ORT File No.: I 1072367 Po}icy Number:OXFL-08057084 Agent File No.:GILLS Address Reference: FL Amount of Insurance: $3,800,000.00 Premium:$8,630.00 Date of Policy:September 19,2011 at 9:06 am 1. Name of lnsured: JAMES P[TZER GILLS,JR.,a/k/a JAMES P.GILLS,JR.,as Trustee of REVOCABLE TRUST AGRE6MENT dated May 31, 1991 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: IAMES PITZER GILLS,3R.,a/k/a JAMES P.GILL3,JR.,as Trustee of REVOCABLE TRUST AGREEMENT dated May 31, 1991 4. The Land referred to in this Policy is described as fotlows: See Attached Legal Description ORT Form 43Q9 Page 1 ALTA Owner Policy of Tltle Insurance 6/06 ORT File No.11072367 Agent Flle No.: GILLS Poticy Number:OXFL-08057084 SCHEDULE S EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by reason of 1. General or special taxes and assessments required to be paid in the year 2012,and subsequent years,which are not yet due and payable. 2. Al)matters contained on the Plat of MANDALAY POINT SUB.,as recorded in Plat Book 20,page 68,ofthe Public Recotds of Pinellas County,Florida. 3. Tenns and conditians cantained in the Dedication of a Private Roadway reco�ed in Dee�Boak 745,page t,of the Public Re�oids of Pinellas County,Florida. 4. Easement iecoided in Ofi'icial Reconls Book 4271,page 597,of the Public Recoids of Pinellas Councy,Florida. 5. Riparian and lit[ocal rights are not insured. 6. Those portions of the property herein described being artificially 611ed in land in what was formerly navigable waters,are subject to the right of the United States Gavernment arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 7. The rights,if any,of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the naturai line of vegetation,bluff,extreme high water line,or other apparent boundary lines separating the publicly used area from the upland private area. 8. This poiicy does not insure any portion of the insured parce!lying waterward of the mean-high water line of Gulf of Mexico and/or the Clearwater Harbor. 9. Any lien or claim for services,Iabor or materials which may take priority aver the estate or interest insured by reason of that certain Notice of Commencement recorded January 18,2011,in Official Reconds Book 17145, Page 1228,of the Public Records of Pinellas County,Florida. NOTE: All recording referenees in this policy shall refer to the Public Records of Pinellas County,unless otherwise noted. ORT Form 4309 Page 2 ALTA Owner Policy of TiUe Insurance 6/06 J s ORT File No.11072367 Agent File No.: GILLS Policy Number:OXFL-08057084 EXHIBIT A Lots 2,2A,3 and 3A,MANDALAY POINT SUB.,according to the map or plat thereof as recorded in Plat Book 20, Page 68,of the Public Records of Pinellas Counry,Florida. TOGETHER WITH ALL RIGHT,TITLE,AND INTEREST IN AND TO ACCRETED LANDS EXTENDING WESTERLY TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEASTERLY CORNER OF SAID LOT 2,AND RUN S. 77°00'30" W. (S. 77°16' W., PLAT) ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2,A DTSTANCE OF 124.33 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2;THENCE CONTINUE TO RUN S. 77°00'30" W. (S. 77°16' W., PLAT)ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY BOUNDARY OF SAID LOT 2, TO A POINT ON THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO;THENCE RUN IN A NORTHERLY DIRECTION,MEANDERING THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO, I55 FEET,MORE OR LESS,TO A POINT LOCATED S. 76°58'26" W. (S. 77°16'W.,PLAT)OF 7'HE NORTHWESTERLY CORNER OF SA[D LOT 3; THENCE RUN N. 76°58'26" E (N. ?7°16' E.,PLAT) TO THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE RUN N. 76°58'26" E. (N. 77°16' E., PLAT) ALONG THE NORTHERLY BOUNDARY OF SAID LOT 3,A DISTANCE OF 125.03 FEET TO TNE NORTHEAST CORNER OF SAID LOT 3;THENCE RUN S. 19°09'00" E.ALONG THE EASTERLY BOUNDARY OF SAID LOTS 2 AND 3, A DISTANCE OF 85.23 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT;THENCE CONTINUE TO RUN ALONG THE EASTERLY BOUNDARY OF SAID LOT 2, 68.95 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 179.15 FEET,A CENTRAL ANGLE OF 22°03'08", AND A CHORD OF 68.53 FEET WHICH BEARS S. 08°d4'S8"E.TO THE SOUTHEAST CORNER OF SAID LOT 2, ALSO BEING THE POINT OF BEGINNING. TOGETHER W1TH a non-exclusive easement for the private roadway known as PALMER-HAYWARD RESERVED,created by Dedication of a Private Roadway recorded in Deed Book 745,page 1,Public Records of Pinellas County,Fiorida. 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[4 C . �+�� G..vii�G_ :.t€Jit :�4 s�11"ii y i � tA?L4tT4�!v.'2C""d@�, .R.',. .._.�.,�.. �r'��5�[il:.c�'IF.n�.i��c . , aC��i;. y - i I `rrt��"3?1-4 i�i!C 0:"Cl°' ��:G4`iES ,.�_� _� .. ,� -I{;i:t �r�`.I![ ��v �_:L:I.�, ..,._ .�=;Ilt � r ,.��\; t1 r1c _.�„i �i_.S .'`i2 '�4�.;C:E �Ck S2„li i i ��_-1,I.�F �'... .��VU ..'li'ul`:. JirLf:�): 1_ lr,.Gi .� ci.� �Lii? �.__ {�i�.� ci�i.� :��. �..A. -�..<<__ ..�. _�a ..� .��.._..._.i.= ��i�C=��L�:'.:. � � ., � _ � . � ^ _ ,.. ., .s..�..� . .. ^ I �-i '^p�t� t� a �n ..� �'" ` c � ` ' ,.i.��' i� .rrE-" r . r � �r(IEi G� ri ." �S Gc.'-Ci cl �. r.. i c 'l.�[C'1! � _[�kG \�1.-T_Cl i :i�.. 2�u�"uC�ri_�.. "?��;r..:i �_,r.�i .,� '�f�_�i. .[ � � �.._., r�..'� �:4�i`!� � Su,.,[ „�!�'"C . _.i _ s � t:E :,� ...8 i �lu.,:F��...i.. fri v-_.._. .� .�.L_ f..� �-�� ... :F'�.� _:i',l .._� .=,i a�f� !-��!� __, C�t� ;h.- t., ...��ci __ -t� � � .:[' , (':•_ J�. GC;i I�..� :f � 'ifv�ltQ'i ff�;�.^_�L�r��f��'1!fE�S !�._�.__^OC��(.i��--.t . -..-..�. I �'i'��J ,,�8 F_wI"f'82s_�f7� c?"2 .� L c�€''2�1lVt''��,E �8G'� �ri�_.�e _,i��,._. ._fGC�iti!'t�� _._.._� r� ; �,�r� �r r- V�i i, � ;�i� �:"_��_,, i I �il �i �. �� ; �^8Cc;4�. .�Rt�_�scl'K.M1 i � i^°.Chi�� [l��r.Ji-:l�ij.-�.C��_�i J�G��iv`.c�r�� t�I�.�."��`: `ri:Gl:'�:I� �J ` !. uif='?3�SE2. r-!i.��i� �_°�'ti-..'�p!J:,`. � � i � I � I *,,--�._ �I� � - -T� T :` ._ _ . ^`- `�e__ � � � �.=i_IJ[` - '�� ,^�' rF-� r (vi�:T� '� r--'_r i _ i _ `..r., � �'�,� �.. t�, f ,�,�4 _I I � `<�`� � �. :,.J ... � ��,ti t` �. r �ti '! , �r�� i � _... �.,... :-.=�'!FZc�•icec t-:��:�:.,-; � - FIELD PERMTT CONDITIONS The following conditions shall apply to F�ELD PExMTTS(unless waived by DEP or modified by special permit condition).In the event of a conflict between a field permit condition and a special permit condition,the special condition•sha11 prevail. 1) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by DEP as part of the permit.Any deviation there from shall be grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7),F.S.,and � may result in assessment of civil fines or issuance of an order to alter or remove the unauthorized structure,or both.No other construction or activities shall be conducted.No modifications to project size,location,or structural design are authorized.A copy of the permit shall be conspicuously displayed at the project site. 2) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system,marine turtles and their nests an a i a s,or adjacent properly and structures. 3) The permittee shall a11ow any duly authorized member of the staff to enter upon the premises associated with the project authorized by the permit for the purpose of ascerta.ining compliance with the terms of the permit . and with the rules of DEP,until all construction or activities authorized or required in the permit have been completed and the project accepted by DEP. 4) The permittee shall hold and save the State of Florida,DEP, its o�cers and employees, harmless from any damage(no matter how occasioned and no matter what the amount)to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. 5) The permittee shall allow DEP to use all submitted records,notes,monitoring data,and other information relating to construction or any activity under the permit for any purpose it may deem necessary or convenient, /� except where such use is otherwise specifically forbidden by law. V 6) Construction tra�c shall not operate and building materials shall not be stored on vegetated areas seaward of the control line,unless specifically authorized by the permit.If(in the opinion of DEP staf�this requirement is not being met,positive control measures shall be provided by the permittee at the direction of DEP staff. Such measures may include temporary fencing,desiguated access roads,adjustment of construction sequence, or other requirements. 7) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit.Before the project is considered complete, any disturbed topography or vegetation shall be restored(as prescribed in the permit)with suitable fill material or revegetated with appropriate beach and dune vegetation. 8) The fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already on the site in both grain size and coloration.This fill material shall be free of construction debris,rocks,or other foreign matter.A sample of the sand shall be provided to the staff representative of the Bureau of Beaches and Coastal Systems during the preconstruction conference. 9) If surplus sand fill results from any approved excavation seaward of the CCCL, such material shall be distributed seaward of the CCCL on the site, as directed by DEP staff(unless otherwise specifically �/ authorized by the permit). ✓ 14) Any native salt-resistant vegetation destroyed during construction shall be replaced with plants of the same species or,by authoriza.tian of DEP,with other native salt-resistant vegetation suitable for beach and dune stabilization.Unless otherwise specifically authorized by the staff,all plants installed in beach and coastal areas(whether to replace vegetation displaced,darnaged,or destroyed during construction or otherwise) shall be of species indigenous to Florida beaches and dunes(i.e.,sea oats, sea grape, saw palmetto,panic gass, salt . / meadow hay cord grass, seashore salt grass,and railroad vine). �/ 11) All topographic restoration and revegetation work is subject to approval and acceptance by DEP staff. 12) If not specifically authorized elsewhere in this permit,no operation,transportation,or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle-nesting season.The marine turtle-nesting season is May 1 through October 31 in all counties(except Brevard,Indian River, St.Lucie,Martin,Palm Beach and Broward counties where marine turtle nesting occurs during the period of March 1 through October 31). 13) If not specifically authorized elsewhere in this permit,no temporary lighting of the construction area is authorized at any time during the marine.turtle-nesting season and no additional permanent exterior ligliting is authorized. 14) This permit has been issued to a specified property owner and is not valid for any other person. 15) Mechanical beach raking shall not occur within 10 feet of the seaward line of vegetation along the beach.