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FLD2002-08025
2005 GULF TO BAY BLVD
Date Received: 8/22/200 I!J{(JI tw
ACE AMERICA'S CASH EXPRES
ZONING DISTRICT: C
LAND USE: CG
ATLAS PAGE: 298B
PAIl)
a. NO. ~12r"5t5D -
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, ; Clearwater
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Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4576
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
II
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)(' SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
-;i. SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
" SUBMIT APPLICATION FEE $J 20 S . 00
FLEXIBLE DEVELOPMENT APPLICA TIO"lf IL E f\ n n "
Comprehensive Inrill Redevelopment Project (Revised 7/16/01) t.J t.,} J]
....PLEASE TYPE OR PRINT.... Ulle additional sheets as necessary
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME:
ACE America's Cash Express, Inc.
MAILING ADDRESS:
1231 Greenway Dr., Ste. 600, Irving, TX 75038
E-MAIL ADDRESS:
PHONE NUMBER:
(972) 550-5000
(972) 582-1420
CELL NUMBER:
FAX NUMBER:
PROPERTY OWNER(S):
(Must Include ALL owners)
AGENT NAME(S):
Raphael Azzarone, Regional Vice President
CELL NUMBER:
(813) 956-6695
PHONE NUMBER: (813) 876-6006
(813) 876-6323
razzarone1@psinet.com
E-MAIL ADDRESS:
FAX NUMBER:
B. PROPOSED DEVELOPMENT INFORMATION:
2005 Gulf-To-Bay Blvd, Clearwater, FL 33265
STREET ADDRESS of subject site: -
LEGAL DESCRIPTION: Midway-Subs, Lots 3, 4, & 5, North 30 Ft. of lots 11 & 12.
PARCEL NUMBER:
(If. It listed here, please ncte the location of this document in the submiltaO
- 1329155769000000060
PROPOSED USE AND SIZE:
78,780 sft., 1.80 acres
(acres, square feet)
problematic use - check cashing
(number of dwelling units, hotel rooms or square footage of nonresidential use)
PARCEL SIZE:
DESCRIPTION OF REQUEST(S):problematic use (check cq. shing) as comprehensive infill project.
(include all requested code deviations; e.g. reduction in required number of parking c, s~ifI~ USej ~.
I j ~
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A P~VIOUS 'y ~ ROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if Y a cqpyo( th, ~~
documents) ". .
....' ~6--~_A_-m1'CROPypr
1,!.fL~U MfNl ~VCS
:'t'f~'OJ 'Cl"EAP'WA "t.A
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'C. PROOF OF OWNERSHIP: (Section 4-202.A) CD PY' 0 F l.-6ASB ,
)( SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6) ....
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
.provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA:
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in
which it is located. .. ... .
Yes - Commerclal retal1 bUl1dlng ln heavy retal1 area.
., The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
~ impair the value thereof. NO .
_ The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use. NO
e The proposed development is designed to minimize traffic congestion. Yes
e
The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
Yes
e
The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
Yes
Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJEC~RITERIA (as applicable):
The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity
and development standards.
Yes. See Code Kl, a.b.
2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not
reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the
improvements.) P 1 d' h b' h
roperty va ues a Jacent to t e su Ject property ave not
decreased in the 2 y~s of operation.
Page 2 of 6 - Aexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
. .3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater.
Yes - Problematic uses are allowed thru flexible developmental approval.
I
4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses.
Yes - Heavy retail area.
t::::a. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not
.. otherwise available in the City of Clearwater. N / A
The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity
of the parcel proposed for development. N / A
. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
Ace provides a valuable service to the area and operates a clean business.
8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
---Praposed use has same parking requirements as Retail Sale~ & Services.
9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of parcel proposed for development.
Proposed use has same parking requ1"rements as Reta;l S I &'
+ a es ,~ervices ~nn
will be located within an existing Retail Strip Center.
10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable).
Use separate sheets as necessary.
Property is zoned "c" - Commercial District.
FILE
\ 'i'
l
Page 3 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearw ater
E. SUPPLEMENTAL SUBMITTAL UIREMENTS: (Section 4-202.A)
.SIGNED AN~R~IUding dimensions of property) - One original and 12 copies;
o COpy OF RECORDED PLAT, as applicable;
o PRELIMINARY PLAT, as required;
,
~ LOCATION MAP OF THE PROPERTY;
. TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed);
o GRADING PLAN, as applicable
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
ell / SITE PLAN with the following information (not to exceed 24" x 36"):
II' All dimensions;
~ North arrow~
Engineerin~scale..ll11inimum scale one inch equals 50 feet), and date prepared;
Location map;
f Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;{
All required setbacks;
All existing and proposed points. of access;
.. All required sight triangles;
_ Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
7 trees, includipg description and location of understory, ground cover vegetation and wildlife habitats, etc;
. Location of all public and private easements;
7 Location of all street rights-of-way within and adjacent to the site;
"""?" Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and enclosures (minimum 12'x10' clear space);
Location of all landscape material;
Location of all jurisdictional lines adjacent to wetlands;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
/
I
,
ail / SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
~ Land area in square feet and acres;
.,.. Number of EXISTING dwelling units and PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spa&s: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material; .
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (FAR.) for all nonresidential uses
. REDUCED SITE PLAN to scale (8 Y. X 11) and color rendering if possible
o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all r water retaining walls and earth berms;
Lot lines and '1 ing lines dimensioned);
Streets and drive ensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees
riLE GUt i
Page 4 of 6 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
,
LANDSCAPE PLAN: See Site Plan
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces; .
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on
required tree survey);
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes
REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible)
IRRIGATION PLAN (required for Level Two and Three applications)
COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21 )
D
D
STORMWATER PLAN including the following requirements:
Existing topography extending 50 feet beyond all property lines;
Proposed grading including finished floor elevations of all structures;
All adjacent streets and municipal storm systems;
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for attenuation and water quality;
Signature of Florida registered Professional Engineer on all plans and calculations
COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval is required prior to issuance of City Building Permit), if applicable
COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
I.
I
BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
See photos
BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials
REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if
possible) as required
J. SIGNAGE: (Section 4-202.A.16)
I Comprehensive Sign Program application, as applicable (separate application and fee required) See photos
Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application
K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
N/A
D Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
Page 5 of 6 - Aexible Development Application - Comprehensive Infill Redevelopment
08/21/2002 11:23
.. ._.,.."...~",w_",....."",."_,.,,,
9725505000
ACE FACILITIES
PAGE 02
L. SIGNATURE:
I. the undersigned. Kknow!litdge Ihat .. repreMntlltlon. m'" In Ihll
applle8tlon a'" true end 1ClGlI" to the btitt of my kr\OIlIMdge and
'IlthOtlu CIty !'tItOMflt.t!w1 to visit ancI J)hotoOrtph IN prapeny
described in thll appIiQIItlon.
.~&~,
of
M. AFFIDAVIT TO AUTHORIZE AGENT:
(N""" 01.. property owners)
1. That (11III'\IIIIJe are) \tie ownet(a) and record tide hoIcI-<l) at the followlng deICItbed propeorty (Iddre.. or gtlIMRI Jocet\On):
2. Thllt this property constitutes tn. property for which a rtqUUt for a; (destribe request)
3. Tnat the undetaigned (hMlhaYt) appolnbMI and (doellclo) appoint:
.. (hlsltheir) lOria) to ..ClUte .ny pntloM Dr OCher documenta ........rJ to dect auch plItition:
3. That tn. afIld.vIl tin bHn uecuted m indllCe Che CRy of elM,...r, Florida to consider and ad on the above dII8crIbliCl propet'ty;
<4. Th.t the applicant &Clk~ that IIIIlmpact fen (pM(i and recreation. lnIfIlc:;, etc.) wlII be paid PRIOR to thell,u.nee of a building pefmit,
certlfiC8te of~, or other med'llnlsm. whlCIliI\Ier oa;ura fim;
5 That lite visits to the Ptot*tY .re neceuary by City rwpn.1eIltIltlYea In om.r to ~.. Ihll applICation and the owner authorize. City
repreMntatlYea to vIaIIlfId photagr.ph the property dMCI'Ibed In IhI& application;
6. That (11M). tile u~lgned authority, hereby celtlY that the foregoing II true n CCIt11ICt.
PrcIpeIty Owner
Prot*tY 0Mler
STATE OF FLORIDA.
COUNTY OF PlNEll.AS
Befofe me the unclel'8/gntd. an oftIcer duly commlQlonId by the 1-. of the StIle t:A FIort\U, on tt111
, ~_ PMQNlIIy appunICI
Depoee. and '. tn. hell1he fully undel'lt8nda .... ~ of the aN.vll that .,.". ~nea.
My COmmiatlOn expires:
day of
whc having been "ret duly .worn
NCllary Public:
s: "'lnfl/nll Del*tmlltltlApp/I(:atkm FonIIt~fJIIf ,..,_\t:ompnl/lentllilt 1M/II tppI/AtIOr/2._
PIge 8 01 e - lllexble c.v~ ApplIClltlon . Comprehensive Infill ""'-'opment FrojtICt- City of C1elFW Iter
FILE COpy
"
. ~
.
.
MACFARLANE FERGUSON & McMuLLEN
ATTORNEYS AND COUNSELORS AT LAW
500 SOUTH FLORIDA AVENUE
SUITE 240
LAKELAND. FLORIDA 33S01
(S63) 6S0-990S FAX (S63) 6S3-28-49
-400 NORTH TAMPA STREET. SUITE 2300
P.O. SOX 1531 (ZIP 33801)
TAMPA. FLORIDA 33602
(813) 273--4200 FAX (813) 273--4396
625 COURT STREET
P.O. SOX 1669 (ZIP 33757)
CLEARWATER. FLORIDA 337156
(727) -4-41-8988 FAX (727) -4-42-8-470
IN REPLY REFER TO:
August 22, 2002
Post Office Box 1669
Clearwater, FL 33757
Mr. John Schodtler
City of Clearwater
Post Office Box 4748
Clearwater, FL 33757-4748
VIA HAND DELIVERY
Re: Ace Cash Express / Ace Store # 3203 [Variance application for property
located at 2005 Gulf-to-Bay Boulevard, Clearwater, FL
Dear John:
Enclosed herewith please find the following in connection with the above-referenced
application:
1. Original and twelve (12) signed and notarized Flexible Development Applications;
2. Certificate of Ownership;
3. Thirteen (13) preliminary site plans;
4. Thirteen (13) surveys; and
5. Filing fee in the amount of$1,205.
Please review the enclosed and if you need anything further from us, please advise. If
satisfactory as delivered, please go forward with processing.
If you have any questions, please do not hesitate to contact my office.
Sincerely yours,
) If J I' i t~ a fV7 r-..,
HSC:koh I-,J------l::.~/~ fl
Enclosures F! LEe C P 11U, ~U(i 1 (2002 lj /1 i,
cc: Ace Cash Express, Inc. [Attn: Mr. Rick Hoying PlM~~~it;~-T"'~~~ r-~,./
( ,y.2 1 ;Jl Iff ''i-,'"<''''-',- ~ .
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H: \Data \Aty\HSC\Corresp, '02\Schodtler. 822, wpd
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INST # 98-203670 ~
JUN 26, 1998 6:07PM
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PREPARED BY AND RETURN TO:
KIMPTON, BURKE, WHITE & HEIDEN,
28059 U.S. HIGHWAY 19 NORTH
SUITE 100
CLEARWATER, FL 34621
PINELLAS COUNTY FLA.
OFF.REC.8K 10147 PG 394
P.A.
A2012790 PAH 06-26-1998 16:11:24
01 DED-"ORRITT HOMES
W;ORDltiG 1 $15.00
DOC STAMP - DR219 J $7,945.00
WARRANTYDEED TOTAL: $'1,%0.00
CHEC~ AIH. TENDERED: $ 7, %0.00
CHANGE: $.00
THIS INDENTURE, made and executed this ~ day of June, 1998,
by MORRITT HOMES, INC., a Florida corporatlon existing under the
laws of the State of Florida, and hereinafter called the grantor,
to ROMA SQUARE, INC., a Florida corporation, whose post office
address is 516 patricia Avenue, Dunedin, Florida 34698, hereinafter
called the grantee:
< .,
(Wherever used herein the terms II grantor II and II grantee II
include all the parties to this instrument and the heirs,
legal representatives and assigns of individuals, and the
successors and assigns of corporations)
WITNESSETH: That said grantor, for and in consideration of the
sum of Ten and nO/lOa ($10.00) Dollars, and other good and
valuable considerations to said grantor in hand paid by said
grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said grantee, grantee's heirs, successors
and assigns forever, the following described land, situate, lying
and being in Pinellas County, Florida, to-wit:
01 HEC(")P,O:;~(j
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GERT
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
-
I.
SUBJECT TO TAXES FOR THE YEAR 1998 AND ALL SUBSEQUENT YEARS.
SUBJECT TO FLORIDA POWER EASEMENTS AS RECORDED IN O.R. BOOK
2354, PAGE 143 AND O.R. BOOK 2783, PAGE 286, PUBLIC RECORDS OF
PINELLAS/COUNTY, FLORIDA.
-.
.-
FeE:8 T-
1.It' ~ y r--- I.
HfV . . . -~ {. I)
_ ~;..}/ TOGETHER with all
TnTAt~ppurtenances thereto
the tenements, hereditaments and
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that it is
lawfully seized of said land in fee simple; that it has good right
an lawful authority to sell and convey said land; that it hereby
fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed in its name, and its corporate seal be affixed, by its
proper officers thereunto duly authorized, the day and year first
above written.
MORRITT HOMES, INC., a Florida
corporation
BY~
DAVI G. MORRITT,
J2ecX-
TATE OF FLORIDA
COUNTY OF PINELLAS
BE IT KNOWN, that on this :13rJ day
a Notary Public, in and for the State of
rv} t(<. vV
Doc;uTI'lOfItN't Tall Pd. .. . . . r: . . ,oO.. . . . .
;$ . . . . . . . . . . . . . . .,. .. ~ TlJlfId
itC~f. Oe B1ak8fpe1e"'~I~'
I /f.Qi}pUtY~.
By.... ........ ,.Y.'.... f. . ..
- -~i ~...:--:-.t
F" ,. ~n~
.
. P INELLAS COUNTY FLA
OFF.REC.8K 10147 PG 395
and sworn, personally appeared DAVID G. MORRJTT, President of
MORRITT HOMES, INC., a Florida corporation, (V( who is personally
known to me, or ( ) who has produced his driver's license as
identification, and who executed the docum~z;.t; herein described to
be his free act and deed, and who ( ) did (V did not take an oath.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my seal of office the day a. ar last above written.
, ."
"........,..",
_............. GA1ll.."'11
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, .....,.. . '-Ci'l . In Nt/'; ,- ,.
" ~ '.-<) Sa "'99 &.r: :
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PINELLAS COUNTY FLA.
OFF .REC.BK 10147 PG 396
EXHIBIT "A"
LOTS 1-12, MIDWAY SUBDIVISION, ALSO THE STRIP OF LAND LYING
WEST OF AFOREMENTIONED LOTS 1-12 AND EAST OF THE RIGHT-OF WAY
OF HERCULES AVENUE BEING BOUND ON THE NORTH BY A WESTERLY
PROJECTION OF THE NORTH LINE OF SAID LOT 1 AND BOUNDED ON THE
SOUTH BY A WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT
12, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 13, PAGE 4, PUBLIC RECORDS OF PlNELLAS COUNTY, FLORIDA.
, ~
.
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OF SUNCOAST CO.RP.
~esidential.-C()mmercial.
. . New~ a'nd ~e~()dC' "".
'. ,. ,-:~lDee .J
(
v:
Lie a: RR 006~718
CarlO ~. Colucci
.:vic~ President ,.
516 Patrie,ia Ave., '
" Dunedin, Fl.orida 3469~
"
(727) 734-2200
. . Pager~419-6164
.. .:.' F~x:(727)734:-n82."
. .,"..
, '
1231 Greenway Drive
Suite 800
Irving, Texas 75038
Telephone (9721550.5000
Via Certified Mail (z 346 811 476) RRR
June 14, 2001
Ttlis letter shall serve as formal notice to you of our intent to renew the
lease for the above referenced premises. We hereby notify you that we are
exercising our option to renew the lease for thirty-six (36) months. The lease
renewal commencement date Is October 1, 2001 and will expire on september 30,
2004. We agree to the same terms and conditions, excluding the monthly base
rent which shall be increased to One Thousand Fifty and 00/100 dollars ($1,050.00>,
If the foregoing is acceptable to you, please so indicate by signing in the
space provided tlelow. Kindly return to us one fully executed copy, to the
following address: Ace America'S cash Express, Facilities/Leasing, 1231 Greenwav
Drive, suite 825, Irving, TX 75038. If you have any questions, please do not hesitate
to contact: Rose M. Kemp at 972/753-2351.
Sincerely,
Ace Cash Express, Inc.
and AOREED TO HIS:
.f-
~~
vice president of Finance
Assistant Treasurer
BY:
Name: C a-Io (10 I Uc-e-,'
Title: 0 lJ..,) V\ e .---
.
.
,;,' .
COMMERCIAL LEASE.
THIS COMMERCIAL LEASE (the "Lease") is made by and between ROMA SQUARE, INC., a Florida
business corporation (the "LANDLORD"), of 516 Patricia Avenue, Dunedin, FL 34698 and ACE CASH
EXPRESS, INC., d/b/a ACE America's Cash Express, a Texas corporation (the "TENANT") of 1231
Greenway Drive, Suite #800, Irving, Texas 75038. based upon the following recitals, terms, and conditions.
Recitals
WHEREAS, LANDLORD, the successor in interest to Lessor of the shopping center known as:
"Roma Square Shopping Center,"'ocated at the southeast corner of Gulf to Bay Blvd. and S. Hercules Ave.
in Clearwater, Florida (the "Shopping Center"), which contains the Leased Premises described below; and
WHEREAS, LANDLORD has agreed to lease to TENANT and TENANT has agreed to lease from
LANDLORD, 2005 Gulf to Bay Blvd., Clearwater, Florida 33765 (the "Leased Premises") in accordance
with the terms and conditions set forth below.
N0W, In consideration of the foregoing recitals, and the mutual covenants set forth below, the parties
agree as follows:
Terms and Conditions
1. Effective Date. The date of the Lease ("Effective Date") will be the date when the last one of the
parties hereto has signed and dated this Lease.
2. Leased Premises. LANDLORD hereby leases to TENANT and TENANT hereby leases from
LANDLORD, the Leased Premises, which consists of approximately 916 square feet of commercial
shopping center space In the building (the "Building") containing the Leased Premises on Shopping
Center property, along with a nonexclusive right to use certain areas of the Building and Shopping
Center property surrounding real property in accordance the following terms and conditions. The square
footage described herein is an approximation, for estimation purposes only. TENANT agrees that any
discrepancy in the actual square footage from the approximate square footage shall not be cause for a
modification of the rent, and that the rent charged pursuant to this Lease is a fair rent for the Leased Premises.
t
3. Term. The initial term of this Lease shall commence on the Effective Date, and continue
through September 30, 2001. If for any reason LANDLORD cannot deliver possession of the Leased
Premises to TENANT on or before the Commencement Date, LANDLORD shall not be subject to any liability
therefore, nor shall such failure affect the validity hereof or the obligations of TENANT hereunder or extend
the term hereof, but in such case, TENANT shall not be obligated to pay rent until possession of the Leased
Premises Is rendered to TENANT. If TENANT occupies the Leased Premises prior to the Commencement
Date, such pcc:upancy shall be subject to all provisions hereof other than the provisions with regard to rent
and such occupancy shall not advance the termination date of the Lease term.
4. Rent. TENANT agrees to pay LANDLORD as the base rent for the Leased Premises for the initial
term of this Lease, at such place as LANDLORD may from time to time designate, the sum of THIRTY -FOUR
THOUSAND AND TWO HUNDRED AND 00/100 U.S. DOLLARS ($34,200.00), in thirty-six (36) equal
installments each in the amount of $950.00 (plus applicable sales tax), which installments shall become due
and payable beginning on October 1,1998, and on the first day of each consecutive month thereafter
through September 1, 2001. The rent, sales tax, and additional rent and charges shall be paid by TENANT
to LANDLORD, without offset, abatement, or deduction of any kind. Rent for any period during the term
hereof which is for less than one month shall be a pro rata portion of the monthly rent installment based on
the number of days in such period and the number of days in the month in question. In addition, TENANT
shall pay to LANDLORD all sales and use taxes imposed by the State of Florida or any other governmental
authority from time to time, upon said rent and any other charges hereunder upon which sales and use taxes
are imposed. The acceptance by LANDLORD of monies from TENANT as rent or other sums due shall not
be an admission of the accuracy or the sufficiency of the amount of such rent or other sums due nor shall it
be deemed a waiver by LANDLORD of any right or claim to additional or further rent or other sums due.
5. Options to Renew Term. LANDLORD grants TENANT two (2) options to renew the Lease term
under the same terms and conditions as set forth herein, except as provided below.
A. First Option Period. During the first option period, the rent shall be the sum of THIRTY-
SEVEN THOUSAND EIGHT HUNDRED AND 00/100 U.S. DOLLARS ($37,800.00), which shall become due
and payable as follows: thirty-six (36) equal installments each in the amount of $1,050.00 (plus applicable
sales tax) shall become due and payable beginning on October 1, 2001, and continuing on the first (1SI) day
of each consecutive month thereafter through September 1, 2004. This first option must be exercised
by TENANT, if at all, no later than ninety (90) days prior to October 1, 2001, in a writing by TENANT
addressed and delivered to LANDLORD. The failure of TENANT to timely exercise such option in writing
shall terminate such option; time being the essence in exercising such option. This first option is only
exercisable by TENANT, if TENANT is not in default of the Lease at the time such first option is exercised.
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B. Second Option Period. During the second option period, the rent shall be the sum of
FORTY-TWO THOUSAND THREE HUNDRED AND 00/100 U.S. DOLLARS ($42,300.00), which shall
become due and payable as follows: thirty-six (36) equal installments each in the amount of $1,175.00 (plus
applicable sales tax) shall become due and payable beginning on October 1, 2004 , and continuing on the
first (ill) day o'f each consecutive month thereafter through September 1, 2007. This second option
must be 'exerci~ed by TENANT, if at all, no later than ninety (90) days prior to October 1, 2004, In a writing
by TENANT addressed and delivered to LANDLORD. The failure of TENANT to timely exercise such option
in writing shall terminate such option; time being the essence in exercising such option. This second option
is only exercisable by TENANT, if TENANT had previously exercised the first option, and is not in default of
the Lease at the time such second option is exercised.
6. Late Fees. Interest. Returned Checks. Charaes. and Additional Rent. There shall be a $50.00
late fee that shall be paid with any rental installment payment received by LANDLORD after its due date. Any
rent, additional rent, sales tax, or charges not paid within five (5) days after becoming due, shall bear interest
of one and one-half percent (1.5%) per month from the date due to LANDLORD until paid. Any charges
against TENANT by LANDLORD for services or for work done on the Leased Premises. or otherwise accruing
under thi~ kease, shall be considered as additional rent due and shall be included in any lien for rent. If
TENANT makes any payment due under this Lease with a bad check, LANDLORD may require TENANT to
pay all future payments due under the Lease in cash or by money order. TENANT shall pay a Fifty Dollar
($50.00) administration handling fee on all bounced checks.
7. Securitv Deposit. LANDLORD acknowledges that TENANT has paid to LANDLORD, the sum
of $950.00 "as a security deposit on or before the Effective Date, to ensure TENANT'S performance of
TENANT'S obligations under this Lease. TENANT shall not be entitled to any interest on the security deposit.
If at any time during the term of this Lease, any of the rent shall be overdue and unpaid, or any other sum
payable by TENANT to LANDLORD shall be overdue and unpaid, then LANDLORD may but shall not be
required to, apply any portion of the security deposit to such overdue rent or other sum. Should the security
deposit or any portions thereof be so applied by LANDLORD for the payment of overdue rent or other sums
due and payable to LANDLORD by TENANT, then TENANT shall, upon written demand of LANDLORD,
immediately remit to LANDLORD a sufficient amount in cash to restore the security deposit to its original
amount, and TENANT's failure to do so within five (5) days after receipt of such written demand shall
constitute a breach of this Lease, and TENANT shall remain liable for any amounts not actually paid from said
deposit. If at the J3nd of the term of this Lease and after TENANT vacates the Leased Premises, there exists
damage, destruction, and/or waste to the Leased Premises, then LANDLORD shall be entitled to use the
security deposit to repair or otherwise restore the Leased Premises to the condition it was in at the time
TENANT took possession of the Leased Premises. Also, should TENANT comply with all of the terms of this
Lease, and if there is no damage, destruction or waste to the Leased Premises at the end of the term of the
Lease'other than normal wear and tear, then LANDLORD shall return the security deposit to TENANT (or, at
LANDLORD's option, to the last assignee, if any, ofTENANT's Interest hereunder) within thirty (30) days after
the expiration of the term hereof, and after TENANT has vacated the Leased Premises, upon determination
of the same. No trust relationship Is created herein between LANDLORD AND TENANT with respect to said
security deposit.
8. Real Estate Taxes and Casualtv Insurance. LANDLORD shall be responsible for payment of
Pinellas County ad valorem real estate taxes as the same become due and TENANT shall be responsible for
the Pinellas County tangible personal property taxes on both TENANT and LANDLORD's personal property
located at the Leased Premises. LANDLORD shall be responsible for the expense of casualty and fire and
liability insurance policy premiums on the Building and common areas. TENANT shall pay prior to delinquency
all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal
property of TENANT contained in the Leased Premises or elsewhere or on any leasehold improvements made
to the Leased Premises by TENANT, regardless of the validity thereof or whether title to such improvements
shall be in the name of TENANT or LANDLORD. When possible, TENANT shall cause said trade fixtures,
furf'!ishings, equipment and all other personal property to be assessed and billed separately from the real
property of LANDLORD. If any of TENANT's personal property shall be assessed with LANDLORD's real
property, TENANT shall pay LANDLORD the taxes attributable to TENANT's personal property within ten (10)
days after receipt of a written statement from LANDLORD setting forth the taxes applicable to TENANT's
property:
9. Utilities.
A. TENANT shall punctually pay for all water and sewer charges, and for all gas, heat,
electricity, telephone. garbage collection and all other utilities and services consumed in connection with the
Leased Premises, together with any taxes thereon. Such services shall be separately metered.
B. If charges to be paid by TENANT hereunder are not paid when due and LANDLORD
elects to pay same, interest shall accrue thereon from the date paid by LANDLORD at the highest rate of
interest allowed by law (the "Default Rate"), and such charges and interest shall be added to the subsequent
month's rent and shall be collectible from TENANT in the same manner as rent. LANDLORD shall not be
liable for damage to TENANT's business and/or inventory or for any other claim by TENANT resulting from
an interruption in utility services.
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10. Use of the Leased Premises. The Leased Premises shall be used and operated by TENANT
exclusively as a business which conducts cashing of third party checks, money order sales, money transfer
receipts and transmissions (MoneyGram), consumer loans, electronic payment services, secured credit card
sales & credit card advances, copies and facsimile services, package shipping, lottery/lotto ticket sales where
applicable, pager sales, tax preparation & electronic tax filing and other related financial services; and for no
other uses unless LANDLORD provides prior written approval for the same, which shall be at the sole
discretion of LANDLORD.
11. Restrictions on Use. TENANT shall not use or allow the Leased Premises to be used for any
illegal or immoral purpose. TENANT shall not use or allow the Leased Premises to be used for residential or
sleeping purposes. TENANT shall comply with all statutes, ordinances, rules, orders, regulations, and
requirements of the federal, state, county, and city, applicable to the Leased Premises in the operation of
TENANT's business. TENANT is responsible for locks and security to the Leased Premises. The sidewalks,
. entrances, passages, courts, vestibules, corridors, or halls shall not be obstructed or encumbered by TENANT
or used for any purpose other than ingress and egress to and from the Leased Premises. The utility sinks
and other plumbing fixtures shall not be used for any purposes other than those fo(' which they were
constructed, and no sweepings, rubbish, rags or other substances shall be thrown therein. All damages
resulting from any misuse of the fixtures shall be borne by TENANT. Neither TENANT, nor any of TENANT's
employees, agents, visitors, or licensees, shall at any time bring or keep upon the Leased Premises any
inflammable, combustible, or explosive fluid, chemical or substance.
12. Delivery. Acceptance, and Surrender of Leased Premises. LANDLORD represents that the
Leased Premises are in good, sanitary and tenantable condition for use by TENANT. TENANT's acceptance
or occupancy of the Leased Premises shall constitute a recognition of such condition and of all applicable
zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the
Leased Premises, and any covenants or restrictions of record. At the expiration and/or termination of the
Lease, TENANT shall surrender the Leased Premises in the same condition as when TENANT took
possession, allowing for reasonable use and wear, and damage by fires, storms, or any act of God. Before
surrendering the Leased Premises at the expiration of the lease term and so long as TENANT is not in default
of the Lease, TENANT shall remove all business signs and all items of personal property placed on the
Leased Premises by TENANT and restore the portion of the Leased Premises on which they were placed in
the same condition as when the Leased Premises were delivered to TENANT.
13. Alterations, Additions and Improvements. The following conditions with respect to alterations,
additions or improvements by TENANT shall be observed:
A. TENANT has agreed at TENANT's sole cost and expense to furnish and install all signs,
trade fixtures, and equipment necessary to conduct TENANT'S business on the Leased Premises, which
alterations, additions, and/or improvements may be made subject to the provisions of this Paragraph below.
B. Before commencement of any work, all plans and specifications shall be submitted to
LANDLORD for approval, and shall be filed with and approved by all governmental authorities having
jurisdiction and by any public utility company having an interest therein. All work done by or for TENANT on
the Leased Premises shall be in conformity with all laws and regulations. Should TENANT make any
alterations, improvements, additions or utility installations without the prior approval of LANDLORD, in addition
to all other remedies of LANDLORD for TENANT's breach, LANDLORD may require that TENANT remove
any or all of the same.
C. TENANT agrees not to overload the electrical circuitry of the Leased Premises. If
additional electrical circuitry is necessary for use of the Leased Premises, TENANT shall pay the cost of the
same.
D. All alterations, additions, and improvements on or in the Leased Premises, except
unattached movable fixtures, shall become part ofthe Leased Premises and the sole property of LANDLORD,
unle~s LANDLORD notifies TENANT to restore the Leased Premises or the specific portions designated by
LANDLORD to the same condition in which they were at the time of delivery of the Leased Premises to
TENANT, at the expense of TENANT and prior to the termination of the Lease.
E. TENANT agrees to ensure that all of such work Is performed in a good and workmanlike
manner.
F. TENANT must give LANDLORD a detailed list of contractors and laborers who will do the
work.
G. LANDLORD, or LANDLORD's representative, may, without any implied obligation to do
so, inspect the work of TENANT and shall give notice of observed defects. TENANT, before starting any
work, shall cause TENANT's contractors to secure all licenses and permits necessary therefor and shall not
hold LANDLORD responsible for any damages to the Leased Premises, the Building, or the surrounding
Shopping Center real property (collectively, the "Property") of LANDLORD for any debts owed to the
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contractor, laborers, suppliers or others, and cause each contractor to carry workmen's compensation and
liability i'!surance in statutory amounts covering all of the contractors' and subcontractors' employees with
such reasonable limits as LANDLORD may require, but in no event less that $300,000.00. TENANT shall
provide LANDLORD with a copy of each of the licenses, permits and such policies. TENANT agrees to pay
promptly when due the entire cost of any work on the Leased Premises by TENANT, its agents, employees
or independent contractors.
H. TENANT herein shall not have any authority to create any liens for labor or material on
LANDLORD's interest in the Property, and all persons contracting with TENANT for the destruction or removal
of any building or for the erection, installation, alteration, or repair of the Building or other improvements on
the Leased Premises and all materialmen, contractors, mechanics, and laborers, are hereby charged with
notice that they must look to TENANT and TENANT's interest only in the Leased Premises to secure the
payment of any bill for work done or material furnished during the rental period created by this Lease.
TENANT shall give LANDLORD not less than ten (10) days' notice prior to the commencement of any work
on the Property which might give rise to any such lien or claim of lien, and LANDLORD shall have the right
to post notices of nonresplJnsibility in or on the Property as provided by law. If TENANT shall, in good faith,
contest the validity of any such lien, claim or demand, then TENANT shall, at its sole expense, defend itself
and LANDL<lRD against the same and shall pay and satisfy any adverse judgment that may be rendered
thereon before the enforcement thereof against LANDLORD or the Property, upon the condition that jf
LANDLORD shall require, TENANT shall furnish to LANDLORD a surety bond satisfactory to LANDLORD in
an amount equal to such contested lien, claim or demand indemnifying LANDLORD against liability for the
same and holdir'!g the Property free from the effect of such lien, claim or demand. In addition, LANDLORD
may require TENANT to pay LANDLORD's attorney's fees and costs In participating in such action If
LANDLORD shall decide it is In its best interests to do 50.
14. Repairs and Maintenance. Prior to TENANT taking occupancy of the Leased Premises,
LANDLORD shall ensure that all electrical, mechanical, air conditioning/heating, lighting, and
plumbing components servicing the Leased Premises are In working order, and that the roof does not
leak over the L'lased Premises. LANDLORD shall also maintain the air conditioning/heating system
servicing the Leased Premises, at LANDLORD's expense, during the first six (6) months of the Lease
term, provided TENANT Is not In default of Its obligations under the Lease as the time such repairs
become necessary. LANDLORD shall, at LANDLORD's expense, maintain the Building and structural
components thereof, unless the need for repair arises from the negligence, abuse or malfeasance ofTENANT,
in which event, TENANT shall reimburse LANDLORD for the cost of the repair,. TENANT shall, at TENANT's
own expense, maintain In good condition and repair, all portions of the Leased Premises, including but not
limited to: exterior windows and doors, interior walls, ceilings, floors, all plumbing, electrical, mechanical, and
heating/air-conditioning components serving the Leased Premises. If TENANT fails to perform TENANT'S
obligations under this Paragraph or under any other paragraph hereof, LANDLORD may at LANDLORD's
option enter upon the Leased Premises after seven (7) days' prior written notice to TENANT (except in the
case of emergency, in which case no notice shall be required), perform such obligations on TENANT's behalf,
and put the Leased Premises in good, safe and clean order, condition and repair, and the cost thereof
togetherl(Vith interest thereon at the Default Rate, shall be due and payable as additional rent to LANDLORD
together with TENANT's next rental installment.
15. Parkina Areas. LANDLORD, at LANDLORD's expense, shall maintain all landscaping,
driveways, parking areas and sidewalks serving the Leased Premises, which shall be available to TENANT,
Its employees, licensees and business Invitees, as well as to other tenants of the Shopping Center, and their
respective employees, licensees and lnvltees. The use of such facilities shall at all times be subject to such
reasonable rules and regulations as LANDLORD may promulgate, as described herein, and to all applicable
governmental rules and regulations.
16. Notice of Need for Repairs. LANDLORD shall have no obligation to make repairs under this
Paragraph until a reasonable time after receipt of written notice of the need for such repairs. TENANT
expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford TENANT
the right to make repairs at LANDLORD's expense or to terminate this Lease because of LANDLORD's failure
t,o keep'the Property In good order, condition and repair. '
17. Slallls and Awnings. TENANT shall not paint or place signs or install any awnings or other
structures projecting from the exterior of the Leased Premises without the prior consent of LANDLORD. At
TENANT's expense, TENANT shall be entitled to place a sign or signs on the Property, provided TENANT
lias obtained prior approval from the applicable governmental authorities and from LANDLORD. Should such
signage, irrespective of LANDLORD approval, fails to meet applicable laws and regulations, TENANT, at
TENANT's sole expense, shall, subject to LANDLORp's consent In respect thereof, remove, relocate, replace,
or otherwise modify such signage to meet the requirements of such laws or regulations. If the applicable
governmental authorities permit only one common (1) sign for all tenants of LANDLORD, then TENANT shall
be entitled to a proportionate amount of the permitted signage. Upon reasonable notice thereof, LANDLORD
may change the name, number or designation by which the Property is commonly known. TENANT shall not,
without the written consent of LANDLORD, use said commonly known name of the Property other than as the
address ofTENANT's business in the Property, and in no event shall TENANT acquire any rights in or to such
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name. Further, TENANT agrees to pay all fines, penalties, interest, and attorney's fees, whether incurred by
LANDLORD or attorney's fees in respect of the governmental authority, in respect of TENANT's signage
failing to meet all applicable laws and regulations. Should LANDLORD, at LANDLORD's option, pay such
fines, penalties, interest, and attorneys' fees (whether LANDLORD's attorneys' fees or the governmental
authority's attorneys' fees), then TENANT shall reimburse LANDLORD in respect of same, as additional rent,
within ten (10) days of being billed in respect thereof. Failure of such payment constitutes a default of this
Lease.
18. TENANT's Insurance. TENANT shall, at its cost, maintain comprehensive liability insurance,
including public liability and property damage, insuring TENANT and LANDLORD. A copy of the certificate
of insurance shall be provided LANDLORD. TENANT shall provide a written stipulation from insurers to notify
LANDLORD In writing at least ten (10) days prior to cancellation or refusal to renew any polley. If the
insurance is not kept in force during the entire term of this Lease or an extension thereof, LANDLORD may
procure the necessary Insurance and pay the premium therefor, and the premium shall be repaid by TENANT
to LANDLORD as an additional rent Installment for the month following the date on which the premiums were
paid by LANDLORD. At no time shall the minimum amount of liability insurance covering the Leased
Premises be less than $500,000.00 for each person and $1,000,000.00 for each accident. TENANT will carry
fire and extended personal property insurance in an amount equal to the replacement value of the furniture,
furnishings, and equipment located on the Leased Premises. TENANT agrees to keep the plate glass insured
and to deliver tho Certificate of Insurance to LANDLORD. Upon the failure to do so, LANDLORD may place
such insurance cmd charge the same to TENANT as additional rent, but the failure on the part of LANDLORD
to place such insurance does not release TENANT of the liability. TENANT shall maintain and keep in force
all workers' compensation insurance required under. the laws of the State of Florida, and such other insurance
as may be necessary to protect LANDLORD against any other liability to person or property arising hereunder
by operation of law, whether such law is now in force or is adopted subsequent to the execution hereof.
Insurance required hereunder shall be with good and solvent Insurance companies satisfactory to
LANDLORD; in the absence of other specific directions, such companies shall hold a "General Policyholders
Rating" of at least B plus, or such other rating as may be required by a lender having a lien on the Property,
as set forth in the most current issue of "Best's Insurance Guide." TENANT shall deliver to LANDLORD
copies of policies of insurance required to be provided by TENANT under this Paragraph or certificates
evidencing the existence and amounts of such insurance and its compliance with the conditions set forth in
this Paragraph. No such policy shall be cancelable or subject to reduction of coverage or other modification
except after thirty (30) days' prior written notice to LANDLORD, and the interest of LANDLORD under such
policies shall not be affected by any default by TENANT under the provisions of such policies. TENANT shall,
atreast thirty (30) days prior to the expiration of such policies, furnish LANDLORD with renewals or "binders"
thereof, or LANDLORD may order such insurance and charge the cost thereof to TENANT, which amount
;;hall be payable by TENANT upon demand - If required by any mortgage encumbering the Property, the
mortgagee shall also be names or additional insured and the terms of all insurance policies shall comply with
all other requirements of such mortgage. Should TENANT fail to keep in effect and pay for such insurance
as it is in thi~ Paragraph required to maintain, LANDLORD may do so, in which event, thn insurance premiums
Piilid by /-ANDLORD, together with interest thereon at the Default Rate from the date paid by LANDLORD,
shall become due and payable forthwith and failure of TENANT to pay same on demand shall constitute a
breach hereof.
19. Non-liability of LANDLORD for Damanes: Indemnity. TENANT agrees that TENANT, at all
times, will indemnify and keep harmless LANDLORD from all losses, damage, defense costs and attorneys
fees, liabilities, and expenses, for claims of whatever kind arising from all claims to have arisen from, any act,
omission or negligence of TENANT, or TENANT's contractors, licensees, invitees, agents, servants or
employees, or arising from any accident, injury or damage whatsoever caused to any person or property of
any person, firm, or corporation arising from the use or occupancy of the Leased Premises, by TENANT or
TENANT's agents, employees, licensees, customers, or invitees, or arising from TENANT's failure to comply
with the aforesaid laws, statutes, ordinances, or regulations. LANDLORD shall not be liable to TENANT for
any damage, losses, or injuries to the persons or property of TENANT which may be caused by the acts,
neglect, omissions, or faults of any person, firm, or corporation (except as are occasioned by the gross
I')egligence or intentional wrongdoing of LANDLORD), and that TENANT will indemnify and keep harmless
LANDLORD from all damages, liabilities, losses, injuries or expenses which may be claimed against
LANDLORD and be in favor or any person, firm or corporation, for any injuries or damages to the person or
property of any person, firm or corporation where said injuries or damages arose about or upon the Leased
Premises~ TENANT hereby agrees that LANDLORD shall not be liable for injury to TENANT's business or
any loss of income therefrom or for damage to the goods, wares, merchandise or other property of TENANT,
TENANT's employees, invitees, customers, or any other person in or about the property, whether such
damage orinjury is caused by or results from fire, steam, electricity, gas, water or rain or from the breakage,
leakage, obstruction of other defects of pipes, spri,nklers, wires, appliances, plumbing, air conditioning or
lighting fixtures, or from any other cause, whether the said damage or injury results from latent defects or other
conditions arising upon the Property or upon other portions of the building(s) of which the Property is a part,
or from other sources or places and regardless of whether the cause of such damage or injury or the means
of repairing the same Is inaccessible to TENANT. LANDLORD shall not be liable for any damages arising
from any act or neglect of any other tenant of the Shopping Center.
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20 i trY on lA~d PrJmlu$ ~~.QbQ~ LANDLOifiW>r LANOLORO', ,gents &hall have
the right to'en~e~.1 PremiseS to h,epact thim, to perform ~ ,d maintenance and ropa!rs, or to
make additions, IIl1eratlons. or modlficaUon~ 10 any part of the Building In which the Leaee<t Pr.mlstlS are
I t d 0 d TENANT shall permIt LANDLORD to do so .t feaaonabl. tim,' during tl'le bu.I",.! day,
;~~~c~t:~ UP~" LANDLORD providIng prior r~"8on.ble notice of not I'.. than 24 hours to TENANT,
untos'lIn emefgonoy exllts,ln which oaS8 no notlo. shill be I'Iqulred and LANOLORO mQY ~~.n ent'~
~t any tIme. LANDLORD may erect the. neceSSAry structures, POlt, relevant nDUoes.l~cludI1"\9 ro~ le8$8
~Ign~ and place movabll equlpmerlt In connection with the milking of such additions, alterahons or
modlncaliOt'l$. without liabilIty to TENANT fOf dlslurbsnce of the quiet enjoyment of the Leas.d Premlaes or
for loss of use or profits. LANDLORD may also enl.r the Leased preml,.. for the purpose of ~ertormlng. at
TENANT'6 expense, repair and rnalntenancl work which TENANT 18 obliged to render under thiS Agreement,
but which TENANT falls to do after tan (10) days' wrltlen notice. Said right of entry shallll~8wlse exIst f?r the
purpoet of removing placard., llxluree, alterations, or additions which do not oonform to ttus L.lse, all without
being deemed guilty of an eviction of TENANT and without abatement af rent. LANDLORD ahall have the
rIght to usa any and all means which LANDLORD may dMmproper to open said doors, In an .mergency In
order to obtaIn entry to the leased Premlaes, and any entry to the Leased Premises obtained by LANDLORD
by .ny of said means shall not under any olrcumstlnces bl construed Qr deemed to be iI forolble or unlawful
entry Inlo, or a detaIner or, the Leased PremlsEts, or an evlotlon of TENANT from the Leased Premises or any
portion thereof.
~ <t 21. ~.rnent.. LANDLORD reserves to Iteul' the right, from time to tlm., to grant luoh e...ments,
rights and dedlcallon, ss LANOLORD deems necessary or deslrabl., and to cluse the record.tion of plata
and restrictions. so long as such easements, right, dedloilllons, plata and r$strlctions do not unreasonably
Inl.ufere with lhe use of the leased PremIses by TENANT. TENANT &hall promptly Ilgn any of the
.'oremenlloMd doouments upon reque$t of LANDLORD I!l~d failure to do so shall constltute a mater/~1 breach
hereof.
22. AI.!!.rm01onf A!J9.-J..ubloftlng
, A, lANQl,.ORD', ~ol1.!\Mt RfnnJI~. TENANT shall not voluntarily Of by operation of law
1..lgn, mortgage, sublet, or ath6rwlse tran~fer or encumber all or any part ofToENANT'$lfltereat In this LeelSA
or In the Leased Premises or TENANT's possesalon thereof without LANDLORD'. prIor wrItten consent,
unlliJI the assIgnment, transfer or sublease It to a wholly owned subSidiary of lENA NT. which SUbsidiary has
a net worth equslto or grealer l/1an Ihe net worlh o'TENANT. Any attempted assignment, transfer, mortgage,
enc:umbrsnoe or sub/ailing without LANDLORD's consent (except Be to TENANT's wholly owned subsidltlry
as set forthrabove) ahall be voId, and shill consUMe a breaoh hereof. No term or provision contained below
In lhls Paragraph Shilll b. d~emed to limit LANOLOAO'. absolute right to withhold consent to any proposed
transfer or enoumbranc. of TENANT's Interest In LANDLORD'. absolute discretion and for any reason
whi!tsoever. If TENANT desires to assign thl.lease or to sublel the Lea$ed Premises or any portion thsreof,
It shl!1l flrst nollfy LANDLORD of it. desIre to do $0 and 5hall submit In writing to LANDLORD; (1) the name
of the propol8d asslgn81 or sublenant; (2) the nature of the propoud asslgnt,'e or 8ubt.nlnt's busln8f18 to
bl conduoted on the Leased Pt.mlsesj (3) the terms of thl proposed a8619nm~nl or sublease; and (4) such
nn~nclalln(orm8t1on "' LANDLORD may reasonably request cQno~rnln9 tht propo&ed .ulgnee or subtenant.
e, N~ R.l.~u or WQjllA!. Regardleu of LANDLORO" consent, no subletting or
lIulgnmel'\t ah~lI release fE:NANT from TENANT', obl/gellon or ~Iter the prlmf'ry liability of TENANT to pay
the rent and 10 perform all other obllgetlons to be p.rformed by TENANT hereunder. The acceplance of rent
by LANDLORD from <<my other person ,,,.11 "01 be'deem.d to be I w.lv~r by LANDLORD of any provisIon
hereof. Consent 10 one il8lignmeOnt or 5ublt!tt1ng &hall not be dsemed consent 10 any subsequent assignment
or subletli"g, In the event of default by tny asslgnu of TENANT or any 8UOO9nor of TENANT In the
perform'nee of any or the terms hereof, LANDLORD may proceed dIrectly against TENANT without the
necetnlty of exh,ultlng remedies' against said _ulgnee. LANDLORD may consent to .ub$~quent
asslgnmvntl or subletting hereof or modifications thIs leu. with a8llgn'lt of TENANT, without notifying
TENANT, or any 8uccessor Qf TENANT, and without obtainIng It I or theIr consent thereto and luch action
shall not relieve TENANT of liability hereunner.
C. f:H.et of Tropl'.r., The vDluntary or other surrender hereof by TENANT or II mutual
canc,ellalion hereof shall not work 8 merger of the Interests of Ihe parties hereunder, Ind shall at the option
of LANDLORD tarminate Iny or all sublease. or subrenancies or ,hili operate as an .ulgnment to
LANDLORD of Bu<;h sublea!te. or lIubtl!lfJafiCies.
o 0. TENANT's OIillgJ1!.QIl.Jo Pay LA~_OLORQ's Athu(l,~Y" FeliS 1IPO" Alllnnrnent or
fulJUtllin!L In the event TENANT Ih.III~!lgn or sublet the Lused Premises or request the oonsent of
LANDLORD 10 any assIgnment or subletting or If TENANT shall requ'lst the consent of LANDLORD for any
set TENANT propo8tS to do, then TENANT shall pay LANDLORD's reasonable attorney's fees and calte
incurred in oonnecllon with eAch request.
E. ~. At any time wilhin thirty (30) day. eRer LANDLORD's receipt of the
Information spl!beifl~d in Paragraph 21A ~bove, LANDLORD m.y by written notloe to TENANT elect (1) to
sublease the Le~~ed PremIses or the portIon thArEl(l( proposed to be subleased by TENANT, or to take an
aulgl~ment of TENANT's estat; hereunder or such part thereof as shall be sp.cined In said notioe, on the
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20. Entry on Leased Premises by LANDLORD. LANDLORD or LANDLORD's agents shall have
the right to enter the Leased Premises to inspect them, to perform required maintenance and repairs, or to
make additions, alterations, or modifications to any part of the Building in which the Leased Premises are
located, and TENANT shall permit LANDLORD to do so at reasonable times during the business day,
pr.edica~ed upon LANDLORD providing prior reasonable notice of not less than 24 hours to TENANT,
unless an emergency exlsts,in which case no notice shall be required and LANDLORD may then enter
at any time. LANDLORD may erect the necessary structures, post relevant notices including "for lease"
signs, and place movable equipment in connection with the making of such additions, alterations or
modifications, without liability to TENANT for disturbance of the quiet enjoyment of the Leased Premises or
for loss of use or profits. LANDLORD may also enter the Leased Premises for the purpose of performing, at
TENANT's expense, repair and maintenance work which TENANT is obliged to render under this Agreement,
but which TENANT fails to do after ten (10) days' written notice. Said right of entry shall likewise exist for the
purpose of removing placards, fixtures, alterations, or additions which do not conform to this Lease, all without
being deemed guilty of an eviction of TENANT and without abatement of rent. LANDLORD shall have the
right to use any and all means which LANDLORD may deem proper to open said doors in an emergency in
order to obtain entry to the Leased Premises, and any entry to the Leased Premises obtained by LANDLORD
by any of said means shall not under any circumstances be construed or deemed to be a forcible or unlawful
entry into"orta detainer of, the Leased Premises, or an eviction ofTENANT from the Leased Premises or any
portion thereof.
21. Easements. LANDLORD reserves to itself the right. from time to time, to grant such easements,
rights and dedications as LANDLORD deems necessary or desirable, and to cause the recordation of plats
and restrictions, so long as such easements, right, dedications, plats and restrictions do not unreasonably
interfere with the use of the Leased Premises by TENANT. TENANT shall promptly sign any of the
aforementioned documents upon request of LANDLORD and failure to do so shall constitute a material breach
hereof.
22. Asslanment and Sublettina
A. LANDLORD's Consent Reauired. TENANT shall not voluntarily or by operation of law
assign, mortgage, sublet, or otherwise transfer or encumber all or any part of TENANT's interest in this Lease
or in the Leased Premises or TENANT's possession thereof without LANDLORD's prior written consent,
unless the assignment, transfer or sublease is to a wholly owned subsidiary of TENANT, which subsidiary has
a net worth equal t6 or greater than the net worth ofTENANT. Any attempted assignment, transfer, mortgage,
encumbrance or subletting without LANDLORD's conSent (except as to TENANT's wholly owned subsidiary
as set forth above) shall be void, and shall constitute a breach hereof. No term or provision contained below
in this Paragraph shall be deemed to limit LANDLORD's absolute right to withhold consent to any proposed
transfer or encumbrance of TENANT's interest in LANDLORD's absolute discretion and for any reason
whatsoever. If TENANT desires to assign this lease or to sublet the Leased Premises or any portion thereof,
It shall first notify LANDLORD of its desire to do so and shall submit in writing to LANDLORD; (1) the name
ofthe proposed assignee or subtenant; (2) the nature of the proposed assignee's or subtenant's business to
be conducted on the Leased Premises; (3) the terms of the proposed assignment or sublease; and (4) such
financial information as LANDLORD may reasonably request concerning the proposed assignee or subtenant.
B. No Release or Waiver. Regardless of LANDLORD's consent, no subletting or
assignment shall release TENANT from TENANT's obligation or alter the primary liability of TENANT to pay
the rent and to perform all other obligations to be performed by TENANT hereunder. The acceptance of rent
by LANDLORD from any other person shall not be deemed to be a waiver by LANDLORD of any provision
hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment
or subletting. In the event of default by any assignee of TENANT or any successor of TENANT In the
performance of any of the terms hereof, LANDLORD may proceed directly against TENANT without the
necessity of exhausting remedies against said assignee. LANDLORD may consent to subsequent
assignments or subletting hereof or modifications this Lease with assignees of TENANT, without notifying
TENANT, or any successor of TENANT, and without obtaining its or their consent thereto and such action
shall not relieve TENANT of liability hereunder.
. C. Effect of Transfer. The voluntary or other surrender hereof by TENANT or a mutual
canc~lIation hereof shall not work a merger of the interests of the parties hereunder, and shall at the option
of LANDLORD terminate any or all subleases or subtenancies or shall operate as an assignment to
LANDLORD of such subleases or subtenancies.
. D. TENANT's Obllaation to Pay LANDLORD's Attorney's Fees Upon Asslanment or
Sublettlna. In the event TENANT shall assign or sublet the Leased Premises or request the consent of
LANDLORD to any assignment or subletting or if TENANT shall request the consent of LANDLORD for any
act TENANT proposes to do, then TENANT shall pay LANDLORD's reasonable attorney's fees and costs
incurred in connection with each request.
E. Riaht of Recapture. At any time within thirty (30) days after LANDLORD's receipt of the
information specified in Paragraph 21A above, LANDLORD may by written notice to TENANT elect (1) to
sublease the Leased Premises or the portion thereof proposed to be subleased by TENANT, 'Or to take an
assignment of TENANT's estate hereunder or such part thereof as shall be specified in said notic ,on the
Page 6 of 13
ume terms end conditions .oe. contllned In said notice; or (2) toelclPate with TENANT In sny
payments (Inoludlng but rlot IIIl..."d to rent, ncurlty deposit and operating tl: _, Jnses) reoelv.d by TENANT
'from any assignee or subtenanlln excG&$ of the payments made by TENANT to LANDLORD hereunder,
whloh elactlon shall entitle LANDLORD to fitly peroent (50%) of suoh excess, whIch shall be plld 10
LANDLORD within five (6) days afler receipt by TENANT. If LANDLORD does not exercise either of I~e
options set forth /n this Paragraph within uid 30-day period, TENANT may within ninety (90) daYi after the
explratio" of said 3D-day parlod enter into 8 valid assignment or subleaet of the Leased Premises or portion
thereof upon the terms end conditions set forth In the notice furnished by TENANT to LANDLORD pursuant
to paregrsph 21A abov" subject, however, in each Instanct to LANDLORD'. consent 18 set forth In
Paragraph,21A above,
23. ~olslover. If TeNANT, with LANDLOR.D's cons19nt, remains In pos8I!Iulon of the Leased
Premises or any part thereof after the expiration of the term hereof, auch occupancy .hall be a tenanoy from
month to month upon the provisions hereof pertaining to the obligations of TENANT, but all options and rIght,
of first refusal, If any, granted under the terms heroof shall be deemed terminated ,nd be of no further effect
during said month to month tenanoy, If TENANT shall hold over without LANDLORD', eXp(6SS wrillen
eonsent, TENANT .hall become 8 tenanl al sufferance and rental shill be due at the higher of (I) the then
prevailing m~rk.l r.te liS determIned by LAN!:\,LORD In Its absolule disoretlon, or (2) twlc. the rent payable
Immediately prior to the expiration of the term. Th. foregoing provisions shall not limit LANDLOAD's right.
hereunder or provided by law In the event of TENANT', default.
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24. J.AtiDlORD's UAn. LANDLORD"shell have a lien tor all amounts due from tENANT upon all
Items of person.1 properly qf TENANT In the leasad Premises, which lien shall be subordinate to the /len of
TENANT'e lendar(s), If any, Such lien of LANDLORD shall be In additior'l to any other remedies which
LANDLORD may have, In accord.nee with Florida law ,nd specifically Chapter 83, Florida Statutes,
LANDLORO ahall have the option to enter the Le.sed Premises and lake possession of personal pf6P~(ly
of TENANT M the leased Premlse~, $ell the $ame wIth or withoul notice .t private or publiC sele, at which
LANDLORD or LANDLORD's aS6ign$ may purcha&Q, and apply the proceeds, after deducting &)(J.'IensGs In
connection with the sale, as a CfMlt against any amounts due ((om TENANT to LANDLORD, and any exoesli
shall be dellv.red to TENANT, Said Items of perlonal property may be used by TENANf during the term
of thIs L.... and any oxtonslon th,reof, however, TENANT shall be responslb/. for .11 repairs and
mainhmance to the same.
2/5, T~J!~~TIQbIlRidlsm8 UQ9~end of I,..eaae Ta~ On the hut day of the term hereo', or on
any soon.r termlnetlon of this Lease, TENANT shall surrender the Lelted Premises to LANDLORD In the
81m. conditIon as received, ordinary wear and tear excepted, olean and free of dab(is. TENANT's move"ble
maohlnery. furniture, flxtures and equipment, other than that which is affixtd to the Leased Premises so that
It oannot be removed without damage to the Leased Premises and whICh LANDLORD does not require
TENANT to remove, may b! removed by TENANT upon expiration of the lease term. T6NANT shall repelr
any damage to th. Leased PremlSElS and occuioned by the installallon or removal of IIi trade fix lures,
furnlshlngA lInd equipment, Upon termln.tion of this Lease for any elliS' whatsoever. If TENANT fails to
rl!lmove Its effeots, they shall b. d..med ~bandoned, and L.ANDLORD may, al Its opt/on. remov. the same
In any manner that LANDLORD shall choose, store them without liability to TENANT for Ion thereof, end
TENANT .grass to pay LANDLORD on demand any and all expen$e~ Incurred In luoh removtd, including
court costs. attorney's fees OiInd storage oharges for any length of lime thoe same shall be In LANDLORO's
possession, or LANDLORD may. It Ita option, without notice. sell said effects or any part of the lame at a
priVAti IIle and wllhout legal proqess for such price as, LANDLORD may obtain and apply ths proceeds of
.uch 88le upon the .mount. dUI under this Lease frolll TENANT to LANDLORD and upon the expenses
Ineldent to the removal and sale of IBald effeots. TeNANT shall deliver all keys and oombinations to IOCk$
within the Leased Preml... to LANOLORD upon termincitiol't of this lea~e for any reason. reNAN'T".
obligaliOr'lS to p$rlom, under this provisi~n shall *urvive the end of thQ lease term.
280 J.~U,.-,uHd Premla...As In the event LANDLORD sells or othefWite eo~vlYI the Property,
LANDLORD shall be released from any liability arising thereafter based upon any of the terMS of this LIII..
TENANT shall deal solely with LANDLORD's successor thereafter, Any security deposIt held by LANOLOf'{O
shilll be transferred to LANDLORO's suceessor and LANDLOF{O shall be diicharged from any further lIabl/lty
with resp$ct thereto.
27. Drlich of At)reement. The following shall be deemed to constitute a breaoh of the terms of this
Lease;
A. TENANT failing to pay any amount of money on Ot" before Its designated due date under
this LM$8, Ineludlng but not limIted to, rent, sales taxes, lale fees, securlly deposits. etc., and $fter tENANT
hiving received five (5) days. written notice of auch faIlure and demand for payment from LANDLORD;
B. The {allure by iE:NANT to comply with any other provIsIon or condition of thl. LISII;
c. TENANT's luu Inter.et herein i. ~old under .xecullon or other legal process;
Page 7 of 13 Jt! ~q )\~I~
.... -..... - -............. -- --.................... -.... --......... ----....... --- -- ---- --------.
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same terms and conditions as those contained in said notice; or (2) to participate with TENANT in any
payments (including but not limited to rent. security deposit and operating expenses) received by TENANT
from any assignee or subtenant in excess of the payments made by TENANT to LANDLORD hereunder,
which election shall entitle LANDLORD to fifty percent (50%) of such excess. which shall be paid to
LANDLORD within five (5) days after receipt by TENANT. If LANDLORD does not exercise either of the
options set forth in this Paragraph within said 3D-day period. TENANT may within ninety (90) days after the
expiration of said 3D-day period enter into a valid assignment or sublease of the Leased Premises or portion
thereof upon the terms and conditions set forth in the notice furnished by TENANT to LANDLORD pursuant
to Paragraph 21A above, subject, however, in each instance to LANDLORD's consent as set forth in
Paragraph 21A above.
23. Holdover. If TENANT. with LANDLORD's consent. remains in possession of the Leased
Premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from
month to month upon the provisions hereof pertaining to the obligations ofTENANT. but all options and rights
of first refusal, if any, granted under the terms hereof shall be deemed terminated and be of no further effect
during said month to month tenancy. If TENANT shall hold over without LANDLORD's express written
consent, TENANT shall become a tenant at sufferance and rental shall be due at the higher of (I) the then
prevailing ,Il\ilrket rate as determined by LANDLORD In its absolute discretion, or (2) twice the rent payable
immediately prior to the expiration of the term. The foregoing provisions shall not limit LANDLORD's rights
hereunder or provided by law in the event of TENANT's default.
24. LANDLORD's Lien. LANDLORD shall have a lien for all amounts due from TENANT upon all
items 9f personal property of TENANT in the Leased Premises, which lien shall be subordinate to the lien of
TENANT's lender(s), if any. Such lien of LANDLORD shall be in addition to any other remedies which
LANDLORD may have. In accordance with Florida law and specifically Chapter 83, Florida Statutes,
LANDLORD shall have the option to enter the Leased Premises and take possession of personal property
of TENANT on the Leased Premises, sell the same with or without notice at private or public sale, at which
LANDLORD or LANDLORD's assigns may purchase, and apply the proceeds, after deducting expenses in
connection with the sale, as a credit against any amounts due from TENANT to LANDLORD, and any excess
shall be delivered to TENANT. Said items of personal property may be used by TENANT during the term
of this Lease and any extension thereof, however. TENANT shall be responsible for all repairs and
maintenance to the same.
25. TENANT's Obliaations Upon End of Lease Term. On the last day of the term hereof. or on
any sooner termination of this Lease, TENANT shall surrender the Leased Premises to LANDLORD in the
same condition as received, ordinary wear and tear excepted, clean and free of debris. TENANT's moveable
machinery, furniture, fixtures and equipment, other than that which is affixed to the Leased Premises so that
it cannot be removed without damage to the Leased Premises and which LANDLORD does not require
TENANT to remove, may be removed by TENANT upon expiration of the lease term. TENANT shall repair
any damage to the Leased Premises and occasioned by the installation or removal of its trade fixtures,
furnishings and equipment. Upon termination of this Lease for any cause whatsoever, if TENANT fails to
remove its effects, they shall be deemed abandoned, and LANDLORD may, at its option. remove the same
in any manner that LANDLORD shall choose, store them without liability to TENANT for loss thereof, and
TENANT' agrees to pay LANDLORD on demand any and all expenses incurred in such removal, including
court costs, attorney's fees and storage charges for any length of time the same shall be in LANDLORD's
posses&ion, or LANDLORD may, at its option, without notice, sell said effects or any part of the same at a
private sale and without legal process for such price as LANDLORD may obtain and apply the proceeds of
such sale upon the amounts due under this Lease from TENANT to LANDLORD and upon the expenses
incident to the removal and sale of said effects. TENANT shall deliver all keys and combinations to locks
within the Leased Premises to LANDLORD upon termination of this Lease for any reason. TENANT's
obligations to perform under this provision shall survive the end of the lease term.
26. Sale of Leased Premises. In the event LANDLORD sells or otherwise conveys the Property,
LANDLORD sliall be released from any liability arising thereafter based upon any of the terms of this Lease.
TENANT shall deal solely with LANDLORD's successor thereafter. Any security deposit held by L.ANDLORD
shall be transferred to LANDLORD's successor and LANDLORD shall be discharged from any further liability
with respe.ct thereto.
27. Breach of Aareement. The following shall be deemed to constitute a breach of the terms of this
Lease:
A. TENANT failing to pay any amount of money on or before its designated due date under
this Lease, including but not limited to, rent, sales taxes, late fees. security deposits, etc., and after TENANT
having received five (5) days' written notice of such failure and demand for payment from LANDLORD;
B. The failure by TENANT to comply with any other provision or condition of this Lease;
C. TENANT's lease interest herein is sold under execution or other legal process;
Page 7 of 13
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E. The filing of a petition by or against TENANT under the bankruptcy laws of the United
States or of any state;
F. The appointment of a receiver or trustee to take possession of all or substantially all of the
assets of TENANT; and/or
G. The abandonment by TENANT of the Leased Premises or any part thereof.
28. Remedies of LANDLORD for Breach bv TENANT. In the event TENANT breaches this
Agreement, LANDLORD shall, in addition to other rights and remedies, have the following remedies:
A. LANDLORD may reenter the Leased Premises in accordance with and to the extent
that Section 83.05, Florida Statutes (1997, and as it may be later amended), will allow, all at the expense
ofTENANT. Reentry by LANDLORD shall not, by itself, result in termination ofthe Lease, unless LANDLORD
gives written notice that it is terminating the Lease.
B. After reentry, LANDLORD may relet the Leased Premises or any part thereoftor any term
without terminating the Lease, at such rent and on such terms as it may choose, for TENANT's account.
LANDLORD may make such alterations and repairs to the Leased Premises as may be necessary or required.
The duties and liabilities of the parties upon such reletting are as follows:
(1) In addition to TENANT's liability to LANDLORD for breach of the Lease, TENANT
shall be liable for all expenses of the releUing, including, without limitation, broker's commissions, expenses
of alteration and repairs, and all other expenses of LANDLORD. TENANT shall repay to LANDLORD such
expenses on the dates the rent is due as provided herein, minus the rent received by LANDLORD from
releUing.
(2) LANDLORD, at its option, shall have the right to apply the rent received from
reletting the Leased Premises as follows: (a) to reduce TENANT's indebtedness to LANDLORD under the
Lease, not including indebtedness for rent, (b) to cover expenses of the reletting alterations and repairs made,
(c) to cover the rent due under this Lease, and/or (d) to payment oftuture rent under this Lease as it becomes
due.
CI LANDLORD may terminate the Lease on giving three (3) days written notice oftermination
to TENANT. Upon termination ofthe Lease, LANDLORD may recover from TENANT all damages proximately
resulting from the breach, including the cost of recovering the Leased Premises, the unpaid rent that had been
earned at the time of the termination of this Lease, and the unpaid rent that would have been earned from the
date of such termination until the time this Lease would have expired but for such termination. All such
amounts shall be immediately due and payable from TENANT.
29. Default bv LANDLORD. LANDLORD shall not be in default unless LANDLORD fails to perform
obligations required of LANDLORD within a reasonable time, but in no event later than thirty (30) days after
written notice by TENANT to LANDLORD and to the holder of any first mortgage or deed of trust covering the
Property whose name and address shall have theretofore been furnished to TENANT in writing, specifying
the obligation that LANDLORD has failed to perform; provided, however, that if the nature of LANDLORD's
obligation is such that more than thirty (30) days are required for performance, then LANDLORD shall not be
in default if LANDLORD commences performance within such 3D-day period and thereafter diligently
prosecutes the same to completion. Notwithstanding any other provision hereof, LANDLORD shall not be in
default hereunder for failure to perform any act required of LANDLORD where such failure is due to inability
to perform on account of strike, laws, regulations or requirements of any governmental authority, or any other
cause whatsoever beyond LANDLORD's control, nor shall TENANT's rent be abated by reason of such
inability to perform.
30. Abandonment. LANDLORD and TENANT agree that in the event any personal property of
TENANT is removed or is In the process of being removed from the Leased Premises by TENANT out of the
normal course of business of TENANT, by TENANT and/or its agents, such act of removal shall constitute
an "abandpnment" of the Leased Premises by TENANT for the purposes of Chapter 83, Florida Statutes, and
LANDLORD shall be entitled to immediately repossess and reenter the Leased Premises without resort to
legal process and without order of court. Upon such abandonment, LANDLORD shall have the right and
authority without notice to anyone, to remove, destroy, sell, dispose of as LANDLORD wishes, or use all or
l'lny part of such TENANT's personal property and any proceeds from said property shall be compensation
to LANDLORD for the removal or disposition of said property.
31. Desltruction of Leased Premises. In the event that the Building should be totally destroyed by
fire, earthquake or other cause, to such an extent that it cannot be rebuilt or repaired within 180 days after the
date of such destruction, this lease shall be terminated. In the event that the Building should be partially
damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within
180 days after the date of such destruction, the Lease shall be voidable by LANDLORD, but not terminated
except as otherwise provided herein. If LANDLORD intends to rebuild or repair the Leased Premises, it shall
Page 8 of 13
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within 90 days after the date of such damage give written notice of TENANT of the intention to rebuild or repair
and shall proceed with reasonable diligence to restore the Building to substantially the same condition in which
it was immediately prior to the destruction. However, LANDLORD shall not be required to rebuild, repair or
replace any improvements or alterations made by TENANT within the Building. During the period of rebuilding
or repairing, base rent shall be reduced proportionately to the extent to which the repair operations interfere
with the use of the Leased Premises by TENANT. If, after rebuilding or repairing has commenced, such
rebuilding or repairing cannot be completed within 180 days after the date of such partial destruction,
LANDLORD may either terminate the Lease or continue with the Lease with a proportional rent rebate to
TENANT. If LANDLORD undertakes to rebuild or repair, TENANT shall, at its own expense, restore all work
required to be done by such TENANT under this Agreement. LANDLORD shall have no obligation to expend
in the reconstruction of the Building more than the actual amount of the insurance proceeds made available
to LANDLORD.
32. Eminent Domain. Eminent domain proceedings resulting in condemnation of a part of the
Leased Premises, but leaving the remaining portion of the Leased Premises usable by TENANT for the
purpose for which it was intended, will not terminate this Lease unless LANDLORD, at LANDLORD's option,
terminates the Lease by giving written notice of termination to TENANT. In the event LANDLORD does not
exercise suth option, the Lease for the remaining portion that is usable shall continue, and the rent shall be
reduced proportionately. Eminent domain proceedings resulting in the condemnation of the entire Building,
including the Leased Premises herein, shall terminate the Lease as of the date of the physical taking of the
Leased Premises. All awards for damages to the respective interests of LANDLORD and TENANT shall be
paid to LANDLo"RD, except for specific items of damages which under the law must be paid to TENANT.
33. BYJes and Regulations. LANDLORD may promulgate reasonable rules and regulations to
implement this Lease regarding the management of the common areas. The rules and regulations shall be
and are hereby made a part of this Lease, and TENANT covenants and agrees that TENANT will at all times,
observe, perform, and abide by said rules and regulations, together with any additional reasonable rules and
regulations hereinafter promulgated by LANDLORD.
34. Brokerage. TENANT represents and warrants that TENANT has had no dealings with any
broker or agent in connection with this Lease and shall indemnify LANDLORD for any claims for any
brokerage commission ariSing out of TENANT's actions.
35. Leg~1 Representation and Disclosure of Prior Representation. In connection with the
negotiation and preparation and of this Lease, the parties hereto acknowledge that Thomas A. Roman, Esq.
and the law finn of Roman & Roman, P.A. of 2196 Main Street, Suite L, Dunedin, FL 34698, are only
representing the LANDLORD, and they hereby advise TENANT to obtain separate legal counsel to review
this Le.ase before signing the same.
36. Construction Liens. TENANT agrees that TENANT will payor cause to be paid all costs for
work done by TENANT or caused to be done by TENANT on the Premises of a character which could, but
for the prohibitions hereinafter contained, result in liens on LANDLORD's interest therein, and TENANT will
keep the P.remises free and clear of all construction liens and other liens on account of work done for TENANT
or persons claiming under TENANT. TENANT agrees to and shall indemnify and save LANDLORD free and
harmless against liability, loss, damage, costs or expenses, including attorneys' fees and costs of discovery
and suit, on account of claims of liens of laborers or materialmen or others for work performed for, or materials
or supplies furnished to, TENANT or persons claiming under TENANT. THE INTEREST OF THE
LANDLORD SHALL NOT, UNDER ANY CIRCUMSTANCES, BE SUBJECT TO LIENS FOR
IMPROVEMENTS MADE BY THE TENANT. A notice concerning this provision of this Lease may be
executed by LANDLORD and recorded with the Clerk of the Court of Pinellas County. This notice reads as
follows:
NOTICE REGARDING CONSTRUCTION LIENS
Notice Is hereby given of certain lease provisions contained In the Lease between ROMA
SQUARE, INC., as LANDLORD, and the TENANT ofthe Leased Premises on Property hereinafter described.
This notice Is given pursuant to 713.10, Florida Statutes, ROMA SQUARE, INC., as LANDLORD, hereby
gil(es notice as follows:
1. The name ofthe LANDLORD Is ROM A SQUARE,INC.
2. The legal description of the Property to which this notice applies Is described In Exhibit "A"
attached hereto and by this reference made a part hereof.
; .
3. Construction Lien. TENANT agrees that TENANT will payor cause to be paid all costs for work
done by TENANT on the Leased Premises of a character which could, but for the prohibitions hereinafter
contained, result In liens on LANDLORD's interest therein, and TENANT will keep the Leased Premises free
and clear of all construction liens and other liens on account of work done for TENANT or persons
claiming under TENANT. TENANT agrees to and shall indemnify and save LANDLORD free and harmless
against liability, loss, damage, costs or expenses, Including attorneys' fees and costs of discovery and
suit, on account of claims of liens or laborers or materialmen or others for work performed for, or materials
or supplies furnished to, TENANT or persons claiming under TENANT. THE INTEREST OF THE LANDLORD
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY THE
TENANT. ~ . M
Page90f 13 / V ~
.
.
4. All leases entered Into for space In the Leased Premises on the Property described In Exhibit
"A" attac~ed hereto shall contain the language Identified in Paragraph 3 above.
As to LANDLORD:
ROMA SQUARE. INC.
By:
Authorized Agent
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing Instrument was acknowledged before me by
of ROM A SQUARE, INC., on this day of
_______________. who Is personally known to me
as Identification.
, as
or who
, .
produced
My commission expires:
Notary Public
Printed Notary Name
~ ."
TENANT agrees that the public notice contained above may be effectively discharged, released, and removed
from said public records by LANDLORD alone executing and-recording in the public records a notice that the
Leased Premises are discharged and released from the terms of this Paragraph, as well as all other provisions .
of this Lease.
37. Hazardous Materials. TENANT shall not (either with or without negligence) cause or permit the
escape, disposal or release of any biologically or chemically active or other hazardous substances, or
materials, TENANT shall not allow the storage, use or disposal of such substances or materials in any manner
not sanctioned by law or by the highest standards prevailing in the industry for the storage, use or disposal
of such substances or materials. nor allow to be brought into the Leased Premises or onto its grounds any
such materials or substances except to use In the ordinary course ofTENANT's business, and then only after
both written notice is given to LANDLORD of the identity of such substances or materials and such use is
registered with, as may be required by, the appropriate governmental agencies. Without limitation, hazardous
substances and materials shall include those described in the Comprehensive Environmental Response,
Compensation anp Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any applicable state or local
laws and regulations adopted under these acts. If any lender or governmental agency shall ever require
testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable
oosts thereof shall be reimbursed by TENANT to LANDLORD upon demand as additional charges if such
requirement applies to the Premises. In addition, TENANT shall execute affidavits, representations and the
like fromtime to time at LANDLORD's request concerning TENANT's best knowledge and belief regarding
the. presence of hazardous substances or materials on the Premises. LANDLORD shall have the right to
periodicallY, or upon expiration or earlier termination of this Lease. to undertake an environmental audit of the
Premises to determine TENANT's compliance with this Paragraph. TENANT shall promptly comply with all
requirements of such audit and cure all matters raised therein at TENANT's sole cost. In all events, TENANT
shall indemnify LANDLORD in the manner elsewhere provided in this Lease for all damages associated with
the existence. storage, use, release or disposal of hazardous materials in the Premises occurring while
TENANT is in posses~ion, or elsewhere if caused by TENANT or persons acting under TENANT. The
covenants within shall survive the expiration or earlier termination of the Lease Term.
38. Radon Gas Disclosure. In accordance with Florida law, LANDLORD hereby notifies TENANT
as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed to
it over time. Levels of radon that exceed Federal and State gUidelines have been found in
Florida. Additional information regarding radon and radon testing may be obtained from your
county health department.
. .
39. Force Maieure. Whenever a period of time is herein prescribed for action to be taken by a party,
suqh'party shall not be liable, or responsible for, and there shall be excluded from the computation for any
~uch.perlod of time, any delays due to acts of God or any other causes of any kind whatsoever which are
completely beyond the control of such party.
40. Estoppel Certificate.
A. Certificate. TENANT shall at any time upon not less than ten (10) days prior written
notice from LANDLORD execute, acknowledge and deliver to LANDLORD and/or any lender or purchaser
designated by LANDLORD a statement in writing (I) certifying that this Lease is unmodified, is in full force and
effect and the date to which the rent and other charges are paid in advance. if applicable, and (2)
Page 10 of 13
~02
.
.
acknowledging that there are not, to TENANT's knowledge, any uncured defaults on the part of LANDLORD
hereunder~ or specifying such defaults if any are claimed. Any such statement may be conclusively relied
upon by any purchaser or encumbrancer of the Property.
B. Failure to Deliver Certificate. At LANDLORD's option, TENANT's failure to deliver such
statement within such time shall be a material breach by TENANT under this Lease or shall be conclusive
upon TENANT (1) that this Lease Is In full force and effect, without modification except as may be represented
by LANDLORD, (2) that there are no uncured defaults in LANDLORD's performance, and (3) that no rent has
been paid in advance.
C. Financial Statements. If LANDLORD desires to finance, refinance, or sell the Property,
or any part thereof, TENANT hereby agrees to deliver to any lender or purchaser designated by LANDLORD
the past three (3) years' financial statements of TENANT(as published for TENANT's entire company,
TENANT being a publicly trade corporation) in such detail as may be reasonably required by such lender or
purchaser. All such financial statements shall be received by LANDLORD and such lender or purchaser in
confidence and shall be used only for the purposes of assessing the status of TENANT's tenancy and the
value of the Leased Premises.
~ "
41. Subordination and Attornment. TENANT accepts this Lease subject to any deeds of trust,
master leases, security interests or mortgages which might now or hereafter constitute a lien upon the
Property and all renewals, extensions, modifications and replacements thereof, and to recorded covenants
and zoning ordinances and other building and fire ordinances and governmental regulations relating to the
use of the Property. TENANT shall at any time hereafter, on demand, execute any instrument, releases or
other documents that may be required by any mortgagee for the purpose of subjecting and subordinating this
Lease to the lien of any such deed of trust, master lease, security interest or mortgage hereafter constituting
a lien on the Property. TENANT's failure to execute such documents within ten (10) days after written demand
shall constitute !TIaterial default by TENANT hereunder. This Lease and any modification hereof may be
subject to the approval of any mortgagee of the Property from time to time. Any mortgagee which did not have
a mortgage affecting the Property at the time this Lease or any modification hereof is made will be limited as
to approval rights to the extent that such mortgagee reserves the right to disclaim responsibility for any capital
improvements to the mortgaged premises which LANDLORD has agreed to make, or covenants, contractual
obligations or services which do not run with the land. In order to further secure the indebtedness to any such
mortgagee, LANDLORD and TENANT hereby covenant for themselves and for the benefit of any such
mortgage that thiS Lease shall be subject and subordinate to any mortgage now or hereafter affecting the
Property and all advances made or to be made thereunder and all renewals, extensions, modifications,
consolidations or replacements thereof, including future advances thereunder or supplements thereto,
provided, however, that without limiting any of the foregoing, in the event that by reason of any default of the
part of LANDLORD, the mortgagee succeeds to the interest of LANDLORD, then, at the sole option of the
mortgagee, this Lease may nevertheless continue in full force and effect and TENANT shall and does hereby
agree to attorn to such mortgagee and to recognize such mortgagee as LANDLORD in such event. It is
further covenanted that (I) the proviSions of said mortgage shall. govern with respect to the disposition of
proceeds of insurance or condemnation or eminent domain awards, and (ii) in the absence of the prior written
consent of the mortgagee, TENANT shall not prepay rent more than one (1) month in advance, or enter into
any agreement with LANDLORD to amend or modify this Lease, or voluntarily surrender the Leased Premises
or terminate the Lease without cause, or surrender the Lease, or allow the release of the approved TENANT
from the obligations hereunder on assigning or subletting of the Leased Premises or any part thereof. In the
event of any act or omission by LANDLORD which would give TENANT the right to terminate this Lease,
TENANT shall not exercise any such right until it shall have given thirty (30) days' written notice thereof to the
mortgagee at the address previously furnished to TENANT.
42. Quiet Enlovment. Upon TENANT paying the rent for the Leased Premises and observing and
performing all of the covenants, conditions, and provisions on TENANT's part to be observed and performed
hereunder, TENANT shall have quiet possession of the Leased Premises for the entire term hereof subject
to all of the provisions hereof.
43. LANDLORD's L1abllltv. The term "LANDLORD" as used herein shall mean only the owner or
owners at the time in questions of the fee title or a tenant's interest in a ground lease of the Property, and in
the event of any transfer of such title or interest, LANDLORD herein named (and in case of any subsequent
transfers, the then grantor) shall be relieved from and after the date of such transfer of all liability in connection
With LANDLORD's obligations thereafter to be performed, provided that any funds in the hands of landlord or
the then grantor at the time of such transfer, in which TENANT has an interest, shall be delivered to the
grantee. The obligations contained in this Lease to be performed by LANDLORD shall, subject to transfer of
funds as aforesaid, be binding on LANDLORD's successors and assigns only during their respective periods
of ownership. TENANT shall look solely to the equity of the then owner of the Property for the satisfaction of
any remedies of TENANT in the event of a breach by LANDLORD of any of its obligations. Such exculpation
of liability shall be absolute and without any exception whatsoever.
44. Authorltv. If TENANT is a corporation, trust, or general or limited partnership, each individual
executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to
Page 11 of 13
~
.
.
execute and deliver this l.ease on behalf of said entity, and TENANT shall, within fifteen (15) days after
execution hereof, deliver to LANDLORD evidence of such authority satisfactory to LANDLORD.
45. Securitv Measures. TENANT hereby acknowledges that the rental payable to LANDLORD
hereunder does not include the cost of guard service or other security measures, and that LANDLORD shall
have no obligation whatsoever to provide same. TENANT assumes al responsibility for the protection of
TENANT, its agents and invitees from acts of third parties.
46. Venue of Actions. Any action or judiCial proceeding involving this Lease may be brought only
in those Florida State courts located in Pinellas County, Florida.
47. Attornevs' Fees. In the event of any judicial proceeding in connection with this Lease, the
prevailing party shall be entitled to recover reasonable attorneys' fees from the nonprevailing party, as fixed
by the court, including, but not limited to prelitigation fees for such things as correspondence, telephone
conferences, meetings, and attorneys' fees at the trial and appellate level and in post judgment collection
proceedings.
4~. ..JUry Trial Wavier. To the extent waiver is permitted by law, the parties waive trial by jury in any
action or proceeding brought in connection with the Lease or as to the matters contained herein.
49. Waiver. The pursuit by LANDLORD any remedies upon TENANT's default of the Lease, shall
riot constitute a waiver of any other remedies available to LANDLORD in law or equity. A waiver by
LANDLORD of any breach of the Lease shall not constitute a waiver of any other breach. Forbearance or
omission by LANDLORD in enforcing any of LANDLORD's remedies upon TENANT's breach shall not
constitute a waiver of any of LANDLORD's remedies.
50. Captions. The captions to the paragraphs of this Agreement are used for convenience only, and
shall not be used in construing or interpreting it.
51. Entire Aareement. This Lease constitutes the entire agreement between LANDLORD and
TENANT relating to the subject of the negotiations and communications, oral or written, between the parties
with respect to this Lease. There are no representations or warranties, express or implied, between
LANDLORD and TENANT with respect to the subject matter of this Lease, except those specified in this
Lease. t
52. Counterparts. This Agreement may be executed in one or more counterparts and all such
counterparts shall constitute one and the same instrument.
53. Severabllitv. The invalidity or unenforceability of any particular provision hereof shall not affect
th~ remaining provisions of this Agreement, and this Agreement shall be construed in all respects as if such
inyalid or unenforceable provision were omitted.
54. Bindina Effect. The rights and obligations of all parties and guarantors signing this Lease below
are binding upon their successors and assigns.
55. Amendment. This Lease can only be amended by written agreement signed by the parties.
56. Recordina. This Lease shall not be recorded in the public records of any county or state.
57. Freestandina Buildlna Sian: Although on the date of the execution of this Lease, there is no
available space on the marque of the Shopping Center's freestanding pylon sign, the next available space
will be given to Tenant.
58. Earlv Termination of Lease. Subsequent to the Effective Date of this Lease and up to
February 1, 1999, during, TENANT shall use due diligence and its best efforts to obtain any applicable permits
or permissions from the applicable governmental authorities for any desired (and LANDLORD approved)
improvements or alterations to the Lease Premises. If, after using such due diligence and its best efforts,
TENANT is not able to so obtain such permits and/or permissions, then on or before February 1, 1999,
TENANT may terminate this Lease, provided that TENANT is not in default of this Lease at the time of such
termination, including but not limited to the payment of all rent. In exercising the right to terminate the Lease
IJnder this Paragraph, TENANT shall provide LANDLORD with a written notice of such termination by United
States Certified Mail, Return Receipt Requested.
Page 12 of 13
4f!
.
.
Signed, sealed and delivered
in t~e presence of:
As to LANDLORD:
ROMA SQUARE, INC
Dated:
C. Colucci, President
f- /~1
As to TENANT:
~ 4
ACE CASH EXPRESS, INC. d/b/a ACE
AMERIC~S C~~~_
~~
Print Name: /J"/, C HA€"L J:'" r17~)~LL
Title:)) I \J J (") o,J vi, C ~ P.e.~.t J baW:r-.
Dated:
9-/b-tfP
STATE OF
COUNTY OF
~J()::/t~5
The foregoing instrument was acknowledged before me this ~ day of Sl!( /7 eM b&' "z I
1998, by Sam C. Colucci, as President of ROMA SQUARE, INC., who IS personally known to me or who
has produced as identification. .
~!1,(t/~
My commission expires:
Printed Notary Signatu~~ '11.
.lI>"'~'#~"tt
~.:
""~ II' f\.'.:o:
LINDA J DISHON
My CommIIIalon 0055189<4
Exp.... Apr. 30, 2000
STATEOF ~~A
COUNTY OF I'
N~eSJn~ rL._ lloihAJS
Printed N~ry Signature
My commission expires: / 1- 3..JI g'
T:\Re\Roma Squ'arelACE Cash Expr8$s.ue.wpd
Page 13 of 13
.
.
Scace: FL
County code: 62
C
Pl2<ht #
(3065*98-144!J)
OWN E R ' S
FOR M
II
Agent/Branch #
(0590*CARLOBAY)
SCHEDULE A
Policy Number
OP-9-0590-370
Amount of Insurance Effeccive Date & Time
$1,135,000.00 June 26, 1998
06:07:00PM
Simultaneous Number
LP-12-0590-282
Reinsurance Number 2464
Commitment CM-1- 0590 -427
1. Name of Insured:
ROMA SQUARE, INC., a Florida Corporation
2 . The estate or interest in the land described herein and which is covered by this policy is
FEE SIMPLE
3 . The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land is ~escribed as follows:
Lots 1 to 12, MIDWAY SUBDIVISION. Also the strip of land lying West of
aforementioned Lots 1 to 12 and East of the right of way of Hercules
Avenue being bounded on the North by a Westerly projection of the North
line of said Lot 1 and bounded on the South by a Westerly projection of
the South line of said Lot 12, according to the plat thereof recorded in
Plat Book 13, Page 4, public records of Pinellas County, Florida.
according to the plat thereof, recorded in Plat Book 13, Page 4 of the
Public Records of Pinellas County, Florida.
~
Countersigned Authorized Signatory
Issued by:
KIMPTON BURKE WHITE & HEIDEN P.A.
28059 US 19 N, SUITE 100
CLEARWATER, FL 33761
NOTE: This policy consists of insert pages labeled Schedules A and B. This policy is of no force and effect
unless all pages are included along with any added pages incorporated by reference.
11
L.J Original
11
L.J Home Office Copy
11
L.J Agent's Copy
11
L.J Plant Copy
.
.
MACFARLANE FERGUSON & MCMULLf~L E COP Y
ATTORNEYS AND COUNSELORS AT LAW
500 SOUTH FLORIDA AVENUE
SUITE 240
LAKELANO. FLORIDA 33801
(863) 680-9908 FAX (863) 683.28049
400 NORTH TAMPA STREET. SUITE 2300
P.O. BOX 1531 (ZIP 33601)
TAMPA. FLORIDA 33602
(813) 273.04200 FAX (813) 273-04398
825 COURT STREET
P.O. BOX 1669 (ZIP 33767)
CLEARWATER. FLORIDA 33766
(727) 04041-8966 FAX (727) 04042-80470
IN REPLY REFER TO,
August 22, 2002
Clearwater
City of Clearwater
State of Florida
CERTIFICATE OF TITLE
The undersigned, HARRY S. CLINE, a licensed attorney at law,
does hereby certify that as of the date of this certificate that fee
simple title to the property described in O.R. Book 10147, page 394,
public records of Pinellas County, Florida, which property is described
in the attached Exhibit IIAII, a portion of which property is leased to
Ace America's Cash Express, Inc. by virtue of that certain Commercial
Lease dated 9/18/98, a copy being attached hereto, and ROMA SQUARE,
INC., a Florida corporation, is the record title owner pursuant to title
policy attached hereto.
EXECUTED this
') Y~ay of August, 2002.
MACF~~!FERGUSON
By, 'l~ ~
(Ha,ry S. Cline
& McMULLEN
H:\Data\Aty\HSC\CORRESP. '02\AceCash.cert.822.wpd
($"
5),
,
..
.
INST # 98-203670 ,
JUN 26, 1998 6: 07PM I LEe 0 P Y
PINELLAS COUNTY FLA.
OFF.REC.8K 10147 PG 394
\ :
T~.. ',.
\ ~ ,.'
PREPARED BY AND RETURN TO:
KIMPTON, BURKE, WHITE & HEIDEN,
28059 U.s. HIGHWAY 19 NORTH
SUITE 100
CLEARWATER, FL 34621
P.A.
i12012190 t!HH 0f,"26-1'j911 16:11:24
01 DED-MORRITT HOMES
kECORD lriG 1 $15.00
DOC STAMP - DR21':i 3 $7,945.00
WARRANTYDEED TOTAL:
CHECK AMT. TENDERED:
CHANGE:
$'1, %0.00
$7,%0.00
$.00
THIS INDENTURE, made and executed this ~ day of June, 1998,
by MORRITT HOMES, INC., a Florida corporatlon existing under the
laws of the State of Florida, and hereinafter called the grantor,
to ROMA SQUARE, INC., a Florida corporation, whose post office
address is 516 patricia Avenue, Dunedin, Florida 34698, hereinafter
called the grantee:
(Wherever used herein the terms "grantor" and "grantee"
include all the parties to this instrument and the heirs,
legal representatives and assigns of individuals, and the
successors and assigns of corporations)
WITNESSETH: That said grantor, for and in consideration of the
sum of Ten and nO/100 ($10.00) Dollars, 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, grantee's heirs, successors
and assigns forever, the following described land, situate, lying
and being in Pine11as County, Florida, to-wit:
01 HEC(,)I',O';\lO
"- ,
f1!:': /"l...L.' \
'. )}) -'IOn.,. ./<;' .: :,
,. ,... .i.
US
IIH
pIC
CERT
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
-
-
SUBJECT TO TAXES FOR THE YEAR 1998 AND ALL SUBSEQUENT YEARS.
SUBJECT TO FLORIDA POWER EASEMENTS AS RECORDED IN O.R. BOOK
2354, PAGE 143 AND O.R. BOOK 2783, PAGE 286, PUBLIC RECORDS OF
PlNELLA~/COUNTY, FLORIDA.
-,
-
FEE:8 T-
~tz r ,
HiN - . I
- (. ',' .:
_ ~"...'/'TOGETHER with all
TOTAt-L11~ppurtenances thereto
the tenements, hereditaments and
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 it is
lawfully seized of said land in fee simple; that it has good right
an 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 whomsoever; and that said
land is free of all encumbrances.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed in its name, and its corporate seal be affixed, by its
proper officers thereunto duly authorized, the day and year first
above written.
MORRITT HOMES, INC.,
corporation
By ~.n '/
D~RITT,
a Florida
TATE OF FLORIDA
COUNTY OF PINELLAS
BE IT KNOWN, that on this ~~ day of June, 1998, before me,
a Notary Public, in and for the State of Florida, duly commissioned
<)} 1/< ,.L'
Doc;oTnofIt8rY Tall Pd. $. . . . , . . J ... '. ~ . . . .
.:t.. .... ..... ........ ~T..fId.
if(~'F. De B1ak8f, ete"'~.~
8)' .... ..,.,...DV1....(~~.
.
\.
"
.
4It PINELLAS COUNTY FLA
OFF.REC.BK 10147 PG 385
and sworn, personally appeared DAVID G. MORR~T, President of
MORRITT HOMES, INC., a Florida corporation, (vr who is personally
known to me, or ( ) who has produced his driver's license as
identification, and who executed the document herein described to
be his free act and deed, and who ( ) did (~did not take an oath.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my seal of office the day a ar last above written.
"""'\.\"
............. GAIL ("'Ii
:-- ........~.ii:j">.....""';.w,..
-.' '~ '. (,.,
i .: ~c .pi. ~~;,
,. . ~ 0"., '(1\,
'en: ~Oj, 'IJ] :"
~ ~: 0 r: ,?o . ~~" . : ;
, ...... . ....c' . ,,, "'It: . ..
~ ~ ". -<) SOB "'.99 e,s.: .
, ~ "'&<9 '0.> ..'
\ O;;..~~f;........ .:
1'1 ..c:-V)\~\ot>- ~..~.
'~lq l:.':>.~...' \. .' .~.....
.
~
.
. PINELLRS COUNTY FLR.
OFF .REC.8K 10147 PG 396
EXHIBIT "A"
LOTS 1-12, MIDWAY SUBDIVISION, ALSO THE STRIP OF LAND LYING
WEST OF AFOREMENTIONED LOTS 1-12 AND EAST OF THE RIGHT-OF WAY
OF HERCULES AVENUE BEING BOUND ON THE NORTH BY A WESTERL Y
PROJECTION OF THE NORTH LINE OF SAID LOT 1 AND BOUNDED ON THE
SOUTH BY A WESTERLY PROJECTION OF THE SOUTH LINE OF SAID LOT
12, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 13, PAGE 4, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
~
State: FL
County Code: 62
.
.0 W N E R '
S
FOR M
.
II
~t#
(3065*98-1449)
SCHEDULE A
Agent/Branch #
(0590 *CARLOBAY)
Policy Number
OP-9-0590-370
Amount of Insurance Effective Date & Time
$1,135,000.00 June 26, 1998
06:07:00PM
Simultaneous Number
LP-12-0590-282
Reinsurance Number 2464
Commitment CM-1-0590-427
1. Name of Insured:
ROMA SQUARE, INC., a Florida Corporation
2 . The estate or interest in the land described herein and which is covered by this policy is
FEE SIMPLE
3 . The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land is described as follows:
Lots 1 to 12, MIDWAY SUBDIVISION. Also the strip of land lying West of
aforementioned Lots 1 to 12 and East of the right of way of Hercules
Avenue being bounded on the North by a Westerly projection of the North
line of said Lot 1 and bounded on the South by a Westerly projection of
the South line of said Lot 12, according to the plat thereof recorded in
Plat Book 13, Page 4, public records of Pinellas County, Florida.
according to the plat thereof, recorded in Plat Book 13, Page 4 of the
Public Records of Pinellas County, Florida.
~
Countersigned Authorized Signatory
Issued by:
KIMPTON BURKE WHITE & HEIDEN P.A.
28059 US 19 N, SUITE 100
CLEARWATER, FL 33761
NOTE: This policy consists of insert pages labeled Schedules A and B. This policy is of no force and effect
unless all pages are included along with any added pages incorporated by reference.
"
LJ Original
"
LJ Home Office Copy
"
LJ Agent's Copy
"
LJ Plant Copy
111 Eighth Avenue
New York, NY 10011
Tel. 212 894 8679
Fax 212 590 9180
CT CORPORATION SYSTEM
Kenneth J. Uva
Vice President & Corporate Counsel
October 30,2003
City of Clearwater
Development Services
Att: J. Hofferle, Community Response Team
PO Box 4748
Clearwater, FL 33758
Re: Zoning Violation
Report No. CDC2002-1305
Dear J. Hofferle:
An ordinance complaint that name Ace America's Cash Express, Inc. ("Ace")
was sent to Eugene Landoe at this address.
Please be advised that Mr. Landoe is President of C T Corporation System
and is not an officer of Ace. Furthermore, CT is not the registered agent for
service of process for Ace in New York and has no authority to receive
matters on their behalf in this state.
If you wish to serve the complaint in Florida, CT's address is: 1200 S. Pine
Island Road, Plantation, FL 33324.
We are returning the complaint to you for further disposition.
V71::::'/1/L ~
Kenneth J. Uva 'f - -...... ~
KJU:mn
MEMBER COMPANIES: a CORPORATION SYSTEM WASHINGTON SERVICE BUREAU TRADEMARK RESEARCH CORPORATION
ITIWuWCOMPLAINT/ARREST AFFIDAVIT - CIRCUIT/COUNTY COURT - PINELLAS COUNTY, FLORIDA DOCKET #
Felony 0 Misdemeanor 0 Ordinance Non-CrlminalD Warrant 0 ISPN # SSN # ~I
Charge
Zonin Violation-
Defendant's Name (Last, First, Middle) Ht. Skin
Ace Ameri I
State
Scars, Tattoos, Unique Physical Features
Driver's License No.
Alias
Local Address (Street, City, State)
2005 Gulf to Ba Blvd.
Permanent Address (Street, City, State)
1231 Greenwa
Weapon Seized
Yes 0 No 0
Zip Code
Telephone
Place of Birth
Citizenship
C ea
Zip Code
Telephone
Employed by/School
Type
Indication of Y N UNK Indication of Mental Y N UNK Indication of Y N 'UNK
Drug Influence 0 0 0 Health Issues 0 0 0 Alcohollnfluence 0 0 0
In Custody Yes 0 No 0
Felony 0 Misd. 0
In Custody Yes 0 No 0
Felony 0 Misd. 0
The undersigned swears that he has reasonable grounds to believe that the above named defendant on the .l1thdayof Oc tobpr , 2003
i'i: apprCl,;ir.olltaly 930 a.m.;EiK, at200'" enl f' 'T'o 'R<'l~T 'R1,r(! , ('1 ",q"''il'''~>_EL-_________ _. in Pinellas County did:
not complete application for Flexible Development as a Comprehensive Infill Redevelopment
Project to allow a problematic use to be within 500 ft seperation distance.
*Development Code Violation* - No building, structure, water or land shall be used or occupied,
and no building, structure, or land shall be developed unless in conformity with all of the
provisions of the zoning district in which it is located, all applicable regulations, and all
development approvals.
Co-Defendant's Name (Last, First, Middle)
DOB
Sex
Race
Co-Defendant's Name (Last, First, Middle)
DOB
Sex
Race
Contrary to Florida Statute/Ordinance 1-104
a.m. p.m. Aggravating/Mitigating Factors
Amount of Bond Bond Out Date Time
Other traffic citations
ARREST DATE
Time
Bookln Officer
Victim Notified of Advisory Y N
Child abuse/neglect referral made to DCF
a.m. .m.
Injuries to Victim Y N
Medical-Treatment to Victim Y N
Y N
DATE
REQUEST FOR INVESTIGATIVE COSTS
OFFICER HOURS X PAY RATE
OR
COST
Clearwater
Community
Response Team
Agency
OTHER - Describe
Continuation sheet Y N
0174':\':\16
SPN
TOTAL $
NOTICE TO APPEAR ONLY
o MISDEMEANOR - You MUST appear at the Criminal Justice Center, Courtroom 17, Third Floor, 14250 49th Street North, Clearwater, Florida, on the
at
day of
a.m. p.m.
Cl ORDINANCE VIOLATION - You MUST comply with EITHER A or B:
A. Comply with the Waiver Information on the reverse side of this form and pay a fine in the amount of $ 81.00 . for a Category I I I offense
within twenty (20) calendar days of this Notice.
B. Appear at the Criminal Justice Center, 14250 49th Street, Courtroom 17, Third Floor, Clearwater, Florida, on the -2t.h day of November
.2O.Q.1, at 8~0 a.m. ~.
o NON-CRIMINAL VIOLATION - You MUST pay a fine in the amount of $ within ten (10) calendar days, or comply with the non-criminal violation
information on the bottom of the reverse side of this form.
I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT
SHOULD I WillFUllY FAil TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, OR PAY THE FINE REQUIRED BY THE DATES SET OUT ON
THIS FORM, THAT I MAY BE HELD IN CONTEMPT OF COURT AND THAT A WARRANT FOR MY ARREST Will BE ISSUED. I HEREBY CERTIFY BY MY SIGNATURE THE
BELOW ADDRESS IS MY CORRECT ADD SS.
CoCr59 (Revised 11/99)
PrOSt;....jlO,
White - Court
'Blue---6!ate-Aitorney--
(Street, City, State, Zip Code)
Green - Jail
Pink - Police Dept.
Date of Receipt of Notice
Goldenrod - Defendant
WD2ICoCrl-21(59A,b,c,d)12121/99
JANA J S/2.3/o3 Z! 2..5
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Date Received; /( 'U-O 2-
>
Case #: ClX - 2a:;Z - 0/3 oS-
o
Received By:
DEVELOPMENT SERVICES ADMINISTRATION
INSPECTOR COMPLAINT FORMIWORKSHEET
COMPLAINANT NAME: A Alo", PHONE:
COMPLAINANT ADDRESS: 2-005 f7v/F7b ~
LOCATION OF SUSPECTED VIOLATION: ~II~ ~ oCt-
TYPE OF SUSPECTED VIOLATION:
******************************************************************************************************************
LEGAL DESCRIPTION I RESEARCH INFORMATION
PARCEL #:
SUBDIVISION:
PROPERTY OWNER:
OWNER'S ADDRESS:
ATLAS PAGE:
BLOCK:
PHONE:
ZONING:
LOT:
*******************************************************************************************************************
PROPERTY CONDITION: 0 POOR
PROBLEM PROPERTY: 0 YES
o AVERAGE 0 WELL MAINTAINED
ONO
*******************************************************************************************************************
DATE
INVESTIGATION REPORT NOTES
NEXT
VISIT
TIME
SPENT
***********************************.**********************************..********************************************************************
FINAL DISPOSITION OF COMPLAINT
INSPECTOR'S SIGNATURE
o COMPLIED I CASE CLOSED 0 COMPLIED I VOLUNTARY
o CONTRACTOR CLEARED I TOWED 0 CASE REFERRED TO
DATE
o NO VIOLATION OCOUNTY PROPERTY
9219-0003-GC
3-99
( .
PROPERTY APPRAISER
REAL ESTATE OWNER FILE
/ / / /
ENTER RE PARCEL NO.
PARCEL NO. 13/29/15/57690/000/0010
ENTER X TO PRINT RECORD
/
ROMA SQUARE INC )/
516 PATRICIA AVE If? ./-.
DUNEDIN ~ fl')"
PROPERTY ADDRESS:
2001 GULF TO BAY BLVD
TAX DIST CW
DLQNT STAT
AX
NX 311,100
FLATTAX
HIX
FL
XFER=
BOOK 10147
PAGE 0394
ZIP 34698-7813
PROPERTY USE 321 ESCROW FIRE
IMPR AMT 137,200 LAND AMT
HX WX
ASSESSED VALUE 311,100
.00 LAND CODE 11 NOTE CODE
MIDWAY SUB
LOTS 11 AND 12
HNX
EXEMPT STAT
o
DIST
173,900
DX
MARKET VALUE
TAX AMOUNT
LOTS 1 AND
TX
311,100
7,245.86
2 & N 30FT OF
orr OF CLEARWAlER
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
Telephone (727) 562-4720 Fax (727) 562-4735
NOTICE OF VIOLATION
COMMUNIlY
RFSPONSE TFAM
CDC2002-O 1305
ROMA SQUARE INC
516 PATRICIA AVE
DUNEDIN, FL 34698
ADDRESS OR LOCATION OF VIOLATION: 2005 GULF TO BAY BLVD
LEGAL DESCRIPTION: MIDWAY SUB LOTS 1 AND 2 & N 30FT OF LOTS 11 AND 12
DATE OF INSPECTION: 11/25/2002 PARCEL: 13-29-15-57690-000-0010
Section of City Code violated: 1-104.B. Facts behind violation: **DEVELOPMENT CODE
VIOLATION** No building, structure, water or land shall be used or occupied, and no building,
structure, or land shall be developed unless in conformity with all of the provisions of the zoning district
in which it is located, all applicable regulations, and all development approvals.
Specifically, Need to complete application for FLEXIBLE DEVELOPMENT AS A
COMPREHENSIVE INFILL REDEVELOPMENT PROJECT TO ALLOW A PROBLEMATIC
USE TO BE WITHIN 500' SEPERATION DISTANCE ET AL
THIS VIOLATION CITED ABOVE MUST BE CORRECTED PRIOR TO 12/26/2002. FAILURE TO CORRECT THE
ABOVE USTED VIOLATION BY THE DATE INDICATED, OR RECURRENCE OF THE VIOLATION AFTER
CORRECTION, WILL RESULT IN A LEGAL ACTION BY THE CODE ENFORCEMENT BOARD OF THE CITY OF
CLEARWATER OR BY THE PINELLAS COUNTY COURT. SUCH ACTION MAY RESULT IN A FINE. THE ALLEGED
VIOLATOR MAY BE LIABLE FOR THE REASONABLE COSTS OF THE INVESTIGATION, PROSECUTION AND THE
ADMININSTRATIVE HEARING SHOULD THIS PERSON BE OUND GUILTY OF THE VIOLATION.
~ ~
DATE MAILED: 11/26/2002
INSPECTOR: Jana Hofferle
INSPECTOR TELEPHONE: 562-4725
CC: 2005 Gulf to Bay Blvd.
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CITY OF CLEARW A TER
PLANNING DEPARTMENT
100 S. MYRTLE AVE., 2nd Floor
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
August 26, 2002
Mr. Raphael Azzarone, Regional Vice President
ACE America's Cash Express
4300 West Cypress Street, Suite 210
Tampa, Florida 33607
FILE
RE: Application for Flexible Development approval (FT D2002-08025) to permit a
problematic use in the Commercial District within a building which does not meet
all of the current land development regulations (per Section 2-704.K.4 of the Land
Development Code) and is within 500 feet of another problematic use (per Section
2-704 K.1.a. of the Land Development Code), as part of a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-704.B. and a
Comprehensive Landscape Program, under the provisions of Section 3-1202.G.
Dear Mr. Azzarone:
The Planning staff has reviewed your application to permit a problematic use in the
Commercial District within a building which does not meet all of the current land
development regulations (per Section 2-704.K.4 of the Land Development Code) and is
within 500 feet of another problematic use (per Section 2-704 K.l.a. of the Land
Development Code), as part of a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-704.B. and a Comprehensive Landscape Program, under the
provisions of Section 3-1202.G at 2005 Gulf to Bay Boulevard and determined that the
application is incomplete.
The following items and/or information are required in order to make your application
complete:
1. General Applicability criteria (Section 3-913.A.) one through six:
· The proposed development of the land will be in harmony with scale, bulk,
coverage, density and character of adjacent properties in which it is located;
· The proposed development will not hinder of discourage the appropriate
development and se of adjacent land and buildings or significantly impair the
value thereof;
· The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the posed use;
BRIAN.J. AUNGST, MAYOR-COMMISSIONER
\,:rHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COM\lISSIONER
FRA!\K HIBBARD, COMMISSIONER * BILLjONSON, COMWSSIONER
"EQUAL EMPLOYMENT AND AFFIRMATfVE ACTION EMPLOYER"
August 26, 20.
Azzarone - Page Two
.
. The proposed development is designed to minimize traffic congestion;
. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development; and
. The design of the proposed development minimizes adverse effects, including
visual, acoustic and olfactory and hours of operation impacts, on adjacent
properties.
2. Comprehensive Infill Redevelopment Criteria (Section 2-704.B.) one, and five
through seven:
. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards;
· Suitable suites for development or redevelopment of the uses or mix of
uses within the comprehensive infill redevelopment project are not
otherwise available in the City of Clearwater;
. The development of the parcel proposed for development as a
comprehensive infill redevelopment project will upgrade the immediate
vicinity of the parcel proposed for development; and
. The design of the proposed comprehensive infill redevelopment project
creates a form and function that enhances the community character of the
immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
3. A signed and sealed survey. The survey submitted was not signed;
4. Tree survey;
5. A site plan with the following information:
. Engineering bar scale;
. All required setbacks;
. All required sight triangles;
· Depiction by shading or crosshatching of all required parking lot interior
landscaped areas;
· Location of all refuse collection facilities and enclosures (minimum 12
foot by 10 foot clear space);
. Location of all landscape material; and
. Location of all onsite storm-water management facilities.
6. A Site Data Table with the following information:
. Gross floor area devoted to each use;
· Total paved area, including all paved parking spaces and driveways,
expressed in square feet and percentage of the paved vehicular area;
. Size and species of all landscape material;
· Official records book and page numbers of all existing utility easements;
. Building and structure heights;
. Impermeable surface ratio; and
. Floor area ratio.
7. Reduced site plan;
August 26, 2002
Azzarone - Page Three
.
.
8. The following information for developments over one acre:
. One-foot contours or spot elevations;
. Offsite elevations if required to evaluate the proposed stormwater
management for the parcel;
. All open space areas;
. Location of all earth or water retaining walls and earth bemls;
. Building lines (dimensioned);
. Streets and drives (dimensioned);
. Building and structural setbacks (dimensioned);
. Structural overhangs; and
. Tree inventory, prepared by a "certified arborist", of all trees eight inches
DBH or greater.
9. A landscape plan with the following information:
. All existing and proposed structures;
. Names of abutting streets;
. Drainage and retention areas including swales, side slopes and
bottom elevations;
. Delineation and dimensions of all required perimeter landscape
buffers;
. Sight visibility triangles;
. Delineation and dimensions of all parking areas including
landscaping islands and curbing;
. Proposed and required parking spaces;
· Existing trees on-site and immediately adjacent to the site, by
species, size and locations, including dripline (as indicated on
required tree survey);
· Location, size, description, specifications and quantities of all
existing and proposed landscape materials, including botanical and
common names;
. Typical planting details for trees, palms, shrubs and ground cover
plants including instructions, soil mixes, backfilling, mulching and
protective measures;
· Interior landscaping areas hatched and/or shaded and labeled and
interior landscape coverage, expressing in both square feet and
percentage covered;
· Conditions of a previous development approval (e.g. conditions
imposed by the Community Development Board);
. Irrigation notes;
· REDUCED LANDSCAPE PLAN to scale (8 ~ X 11) (color
rendering if possible);
· IRRIGATION PLAN (required for Level Two and Three
applications); and
· COMPREHENSIVE LANDSCAPE PROGRAM application, as
applicable.
August 26, 2002
..
.
Azzarone - Page Four
.
10. Stormwater plan with the following information:
. Existing topography extending 50 feet beyond all property lines;
. Proposed grading including finished floor elevations of all
structures;
. All adjacent streets and municipal storm systems;
. Proposed stormwater detention/retention area including top of bank, toe of
slope and outlet control structure;
. Stormwater calculations for attenuation and water quality;
. Signature of Florida registered Professional Engineer on all plans and
calculations;
. COPY OF PERMIT INQUIRY LEITER OR SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT
SUBMITI AL (SWFWMD approval is required prior to issuance of City
Building Permit), if applicable; and
. COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN
PERMIT APPLICATIONS, if applicable.
11. Building elevations including all sides of all buildings with height dimensions,
colors and materials; and
12. Signage.
Provided that a complete application, including all of the required materials, is submitted
to Staff on or before September 19, 2002 (noon) it will be reviewed for sufficiency by the
Development Review Committee (DRC) on October 10, 2002 in the Planning
Department conference room - Room 216 - on the second floor of the Municipal Service
Building, 100 South Myrtle Avenue in Clearwater. Your packet will be made available to
be picked up at the greeter counter in the Planning and Development Services Department
until August 30, 2002 at which time it will be disposed of.
If you have any questions, please do not hesitate to call me at 727.562.4558.
Sincerely yours,
------_._---_._--_...._--~)
y~
Mark T. Parry
Planner
S:\Planning Department\C D B\FLEX\Pending cases\Up for the next DRC\Gulf to Bay 2005 Cash Arnerica\Gulf to Bay 2005
incomplete.doc