FLS2003-07031
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CASE#:::E152DO~ - 070 3l
DATE RECEIVED: -, - ~
RECEIVED BY (staff' lj1i Is :
ATLAS PAGE #: t:)
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACE.~O~~O AlIO
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WEST:
EAST:
~ Clearwater
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Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-5624567
Fax: 727-5624576
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SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded
SUBMIT 13 SETS OF SITE PLANS
SUBMIT APPLICATION FEE $ 475.00
a3^13~3~
FLEXIBLE STANDARD DEVELOPMENT APPLICATION
(Revised 8/8/01)
-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
MAILING ADDRESS:
Clearwater Village, L.C.
423 Cleveland Street, Clearwater, Florida 33755
APPLICANT NAME:
PHONE NUMBER:
(727) 449-2794
(727) 638-9062
FAX NUMBER: (727) 449-2794
CELLULAR NUMBER:
PROPERTY OWNER(S):
Clearwater Village, L.C.
(Must include ALL owners)
MAILING ADDRESS:
Kenneth H. Roush, P.E.
601 South Cleveland Street, Suite 930. Clearwater, Florida 33755
AGENT NAME:
PHONE NUMBER:
(727) 443-2869
FAX NUMBER: (727) 446.8036
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS of subject site:
Laura Street at Martin Luther King Avenue.
LEGAL DESCRIPTION: Lots 1 Through 6, Inclusive, Block 2, RJ. Booth Subdivision, According To
The Plat Thereof As Recorded In Plat Book 9, 22, Public Records Of Pinellas County, Florida: And Lots 1
Through 10 Inclusive, Block 2 Mrs. Sarah McMullen's Subdivision, According To The Plat Thereof As
Recorded In Plat Book 1, Page 41, Public Records Of Pinellas County, Florida; Less & Except The South 10'
Of Lots 6, 7, 8, 9, & 10, Block 2, Of Said Mrs. Sarah McMullen's Subdivision & The South 10' Of Lot 6, Block
2, Of Said RJ. Booth Subdivision; And The East 10' Of Lots 1 & 10, Block 2 Of Said Mrs. Sara McMullen's
Subdivision, Conveyed To The City Of Clearwater For ROW Purposes By Deed Recorded In Official Record
Book 4138, Page 116, Pinellas County Florida.
PARCEL NUMBER:
15/29/15/53928/002/0010
PARCEL SIZE: 3.48 Acres; 151,517 S.F.
(acres, square feet)
PROPOSED USE AND SIZE: 47 ATTACHED DWELLING (TOWN HOME) UNITS
(number of dwelling units, hotel rooms or square footage of nonresidential use)
DESCRIPTION OF REQUEST(S): REQUEST SITE PLAN APPROVAL, INCLUDING DRAINAGE, UTILITIES, LANDSAPING.
(Include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _X_ (if yes, attach a copy of the applicable
documents)
Page 1 of 5 - Flexible Standard Development Application - City of Clearwater
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C. PROOF OF OWNERSHIP: (Section 4-202.A)
_X_ SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGNED AFFIDAVIT ATTESTING OWNERSHIP.
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
_X_ 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.
THE EXTERIOR OF THE DOWNTOWN LOFTS RESIDENCES WILL HAVE AN AESTHETIC
CONTEMPORARY DESIGN.
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof.
THE DOWNTOWN LOFTS PROJECT WILL ENHANCE THE VALUE OF THE ADJACENT PROPERTIES, AND
SHOULD ENCOURAGE THEIR APPROPRIATE RE-DEVELOPMENT AND USE.
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use.
THERE WILL BE NO ADVERSE EFFECT ON HEALTH OR SAFETY FROM THE DOWNTOWN LOFTS
PROJECT.
4. The proposed development is designed to minimize traffic congestion.
THIS PROJECT IS AN EXCELLENT EXAMPLE OF MINIMIZING TRAFFIC CONGESTION IN THE AREA. ONLY
47 DWELLING UNITS ARE PROPOSED; MANY MORE UNITS ARE PERMITTED PER CODE.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
THIS IS A VACANT PROPERTY AMONG MOSTLY LOWER MIDDLE INCOME HOUSING. THE IMMEDIATE
VICINITY IS BEING IMPROVED THROUGH SITE UPGRADES. THESE UPGRADES ARE CONSISTENT WITH
THE CHARACTER AND STANDARDS OF THE CITY DEVELOPMENT CODE.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
THE CONSTRUCTION OF DOWNTOWN LOFTS SITE AND RESIDENCES PRODUCES NO ADVERSE VISUAL,
ACOUSTIC OR OLFACTORY EFFECTS ON ADJACENT PROPERTIES.
_X_ Address all applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use
separate sheets as necessary): "0" FLEXIBILITY CRITERIA:
1.a.b. HEIGHT INCREASE IS NOT REQUESTED.
2. THE PARCEL IS NOT CONTIGUOUS TO A LOW DENSITY RESIDENTIAL PARCEL.
3. OFF-STREET PARKING WILL BE ON PAVED DRIVEWAYS OR IN COVERED PARKING STALLS. STREET
PARKING WILL NOT BE PERMITTED OVERNIGHT.
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A)
_x_ j SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies;
_ COPY OF RECORDED PLAT, as applicable;
_x_ ~PRELlMINARY PLAT, as required;
_X_./ LOCATION MAP OF THE PROPERTY.
_X_ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and
J location, including drip lines and indicating trees to be removed.);
_X_ "-GRADING PLAN, as applicable;
Page 2 of 5 - Flexible Standard Development Application - City of Clearwater
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F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
SITE PLAN with the following information (not to exceed 24" x 36"):
_X_ All dimensions;
_X_ North arrow;
_X_ Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
_X_ Location map;
_X_ Index sheet referencing individual sheets included in package;
_N/AJootprint and size of all EXISTING buildings and structures;
_X_ Footprint and size of all PROPOSED buildings and structures;
_X_ All required setbacks;
_X_ All existing and proposed points of access;
_X_ All required sight triangles;
_X_ Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
_X_ Location of all public and private easements;
_X_ Location of all street rights-of-way within and adjacent to the site;
_X_ Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift
stations, gas and water lines;
_X_ All parking spaces, driveways, loading areas and vehicular use areas;
_X_ Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and all required screening (min, 1 O'x12' clear space);
_X_ Location of all landscape material;
N/A Location of all jurisdictional lines adjacent to wetlands;
N/A Location of all onsite and offsite storm-water management facilities;
N/A Location of all outdoor lighting fixtures; and
_X_~ocation of all existing and proposed sidewalks.
SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
_XjLand area in square feet and acres;
_X_ Number of dwelling units proposed;
X -Gross floor area devoted to each use;
_X~..Parking spaces: total number, presented in tabular form with the number of required spaces;
_X_ .If-otal paved area, including all paved parking spaces and driveways, expressed in square feet;
_X_ .tize and species of all landscape material;
_X_ fjfficial records book and page numbers of all existing utility easements;
_X_lluilding and structure heights;
_X_ ~mpermeable surface ratio (I.S.R.); and
_N/A_Floor area ratio (F AR.) for all nonresidential uses.
REDUCED SITE PLAN to scale (8 Y2 X 11) and color rendering if possible;
FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
_X_ One-foot contours or spot elevations on site;
_X_ Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
_X_ All open space areas;
N/A Location of all earth or water retaining walls and earth berms;
_X_ Lot lines and building lines (dimensioned);
_X_ Streets and drives (dimensioned);
_X_ Building and structural setbacks (dimensioned);
N/A Structural overhangs;
N/A Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and
condition of such trees.
Page 3 of 5 - Flexible Standard Development Application - City of Clearwater
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G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
LANDSCAPE PLAN:
_X_ All existing and proposed structures;
_X_ Names of abutting streets;
N/A Drainage and retention areas including swales, side slopes and bottom elevations;
Xm Delineation and dimensions of all required perimeter landscape buffers:
~X~ Sight visibility triangles;
NfA_Delineation and dimensions of all parking areas including landscaping islands and curbing;
_X_ Proposed and required parking spaces;
_X_ Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline;
_X_ Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical
and common names;
_X_ Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling,
mulching and protective measures;
_N/A_lnterior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square
feet and percentage of VUA covered;
_N/A_Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
_X_ Irrigation notes.
_X_ REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendering if possible);
_X_ IRRIGATION PLAN (required for level two and three approval);
_N/A_COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable.
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
STORMWATER PLAN including the following requirements:
_X_ Existing topography extending 50 feet beyond all property lines;
_X_ Proposed grading including finished floor elevations of all structures;
_X_ All adjacent streets and municipal storm systems;
N/A Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
N/A Stormwater calculations for attenuation and water quality;
_X_ Signature of Florida registered Professional Engineer on all plans and calculations.
N/A 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.
_N/A_COPY OF STATE AND COUNTY STORM WATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable.
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.
_X_BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
_X_REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y, X 11) (black and white
and color rendering, if possible) as required.
J. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
_N/A_Comprehensive Sign Program application, as applicable (separate application and fee required).
_N/A_Reduced signage proposal (8 Y:z X 11) (color), if submitting Comprehensive Sign Program application.
K. TRAFFIC IMPACT STUDY: (Section 4-801.C)
_N/A_ 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 4 of 5 - Flexible Standard Development Application - City of Clearwater
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L. SIGNATURE:
I, the undersigned, acknowledge that all representations
made in this application are true and accurate to the best of
my knowledge and authorize City representatives to visit
and photograph the property described in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this day of
, A.D. 2002 to me and/or by
, who is personally known
or has produced
~
as
identification.
Notary public,
My commission expires:
M. AFFIDAVIT TO AUTHORIZE AGENT:
(Names of all property owners)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
2. That this property constitutes the property for which a request for a: (describe request)
3. That the undersigned (has/have) appointed and (does/do) appoint:
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct.
Property Owner
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this
, personally appeared
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed.
day of
who having been first duly sworn
My Commission Expires:
Notary Public
I\MS2IPDSIPlanninq Dfi'PartmentiAoolication Forms\develooment review\sinqle farnH Iresidential in fill aoolication 20QLdoc
Page 5 of 5 - Flexible Standard Development Application - City of Clearwater
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Page 7 of7
NESCONT
ATTACHMENT A-LETTER OF AUTHORIZATION
This letter will serve as authorization for Kenneth H. Roush, P.E. with NORTHSIDE
ENGINEERING SERVICES INC. to act as an agent for CLEARWATER VILLAGE, L.c.
and to execute any and all documents related to securing site permits and approvals for the
construction on the property generally located in Section 15, Township 29S, Range l5E, at the
northwest comer of Martin Luther King Blvd. and Laura Street, lying within City of Clearwater,
Pinell?-s Cou ' e ta Qf F . a.
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Printed Name of Property Owner
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Address of Property Owner
(J/.e.~k R- 33?~-:;-
City/State/Zip Code
'72-7 //~/7 .>S-?9
Telephone Number
//ot?v CJ .3
Date /
State of Florida
County of Pin ell as
The foregoing instrument was acknowledged before me this
\1-0 ~
~ day of ~ \ (month), 2003, by
\
\3 K. ReI ck1 '3 \" as DWf\J2A who
(name of owner) (title)
is personally known to me OR who has produced (circle
appropriate one)
as identification and who did (did not)
(type of identification)
(SEAL)
\.
Notary Public
"\~~~.'>'" Kath.leen A. Rossi
j'~~~:. CommIssion #00161433
~;:. ~.::g Expires: Dee 06, 2006
"',~>io;p'~" Bonded Thru
',,",,\\' Atlantic Bonding Co., Inc.
Commission # '~~ \ U \ L\.:~ 3
-K D.. + h.\e eV'\. A_ed55~ Name of Notary typed, Printed
or Stamped
Nonhstde
&~~ SewUeJ 1~,
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CIVIL.
LAND PLANNING.
ENVI RONMENTAL ·
TRANSPORTATION ·
July 16, 2003
~31VM~V31~ :10 All~
lN3Wl~Vd3a 9NiNNVld
Ms Cyndi Tarapani, Director
City of Clearwater Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756-5520
EnOl 9 1 lnr
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Reference: Downtown Lofts Development
Subject:
Transmittal of Flexible Standard Development Application
Request for Development Order
Dear Ms Tarapani:
Transmitted with this letter are the following:
13 each
Flexible Standard Development Application (1 original
signature + 12 copies)
Site Civil Drawings (Sheets C1.1, C1.2, C2.1, C3.1, C5.1,
C6.1 Issue Date 06/18/03).
Check for $475.00.
Purchase Contract.
Title and Deed Information.
Survey (Boundary, Tapa, Trees, 1 original signed and sealed
+ 12 copies).
Design renderings: Interior and Exterior Views, Floor Plans,
3D exterior views, color palette (1 color + 12 copies).
Preliminary Plat.
Landscape Plan (Full size and reduced).
13 each
1 each
1 each
1 each
13 each
13 each
13 each
13 each
Please schedule this project for review and approval by the DRC on
August 14, 2003.
Thank you for working to improve the quality of living in Downtown
Clearwater.
Sincer: Iy,
N HSI~ EN;l~:VICES, INC.
Kenneth H. Roush, P.E.
KHR:ag
601 CLEVE LAN D STREET, SU ITE 930
CLEARWATER, FLORI DA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MI N DS PRI NG.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
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RECEIVED
JUL 1 6 2003
AGREEMENT FOR SALE
AND PURCHASE OF PROPERTY
PLANN!NG DEPARTMENT
CITY OF CLEARWATER
THIS AGREEMENT FOR SALE AND PURCHASE OF PROPERTY ("Agreement") is
made on htAf7rt!- t.fl/1. 2003, between TRUST FOR REHABILITATION AND NUTURING
YOUTH AND FAMILIES, INC., a Florida non-profit corporation ("Seller"), and Clearwater
Village, L.C., a Florida limited liability company ("Buyer").
I. AGREEMENT TO SELL; PURCHASE PRICE.
1.1 . Aareement to Sell and Convey. Seller hereby agrees to sell
and convey to Buyer and Buyer hereby agrees to purchase from Seller, subject to the terms
and conditions hereinafter set forth, all that certain parcel of land located in Pinellas
County, Florida (the "County"), more particularly described on Exhibit "A" attached hereto
and incorporated herein, together with the following: _
(a) All and singular the rights and appurtenances pertaining
thereto, including any right, title and interest of Seller in and to adjacent streets, roads,
alleys and rights-of-way; and
(b) Such other rights, interests and properties as may be specified
in this Agreement to be sold, transferred, assigned, or conveyed by Seller to Buyer.
The land described on Exhibit "A," and the rights, interests, fixtures and other properties
described above, are collectively called the "Property."
1.2. Purchase Price. The purchase price ("Purchase Price") to be
paid for the Property shall be One Million and 00/100 Dollars ($1,000,000.00). The
Purchase Price shall be paid by Buyer to Seller as follows:
$10,000.00
Ten Thousand and 00/100 Dollars initial earnest money to be
delivered to and held by Pepple Johnson Cantu & Schmidt
PLLC ("Escrow Agent"). If Buyer does not terminate this
Agreement by giving written notice to Seller pursuant to
Section 2.3 hereof, within one hundred eighty (180) days after
Effective Date of this Contract, the initial earnest money
deposit shall become non-refundable.
$240,000.00
Two Hundred Forty Thousand and 00/100 Dollars cash payable
at Closing by wired federal funds for immediately available
credit, or at Seller's option, local cashier's check or bank
check, plus or minus prorations and Closing costs as set forth
hereinafter.
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$750,000.00
Seven Hundred Fifty Thousand and 00/100 Dollar Promissory
Note in favor of Seller, secured by a first mortgage on the
Property, less and except Parcel 4, as described in site plan
attached hereto as Exhibit "B" in the forms attached hereto as
Exhibits "C" and "0," respectively.
ll"Q=O_O,_QQQ,LO_Q
Total Purchase Price
II. TITLE COMMITMENT AND SURVEY; INSPECTION PERIOD.
2.1. Preliminarv Title Report. Within thirty (30) days after the Effective
Date, Seller, at Seller's expense, shall cause COMMONWEALTH LAND TITLE INSURANCE
COMPANY, through its agent PEPPLE JOHNSON CANTU & SCHMIDT PLLC ("Title
Company") to issue and deliver to Buyer an A.L.T.A. Form B owner's title commitment
("Title Commitment") accompanied by one copy of all documents affecting the Property,
and which constitute exceptions to the Title Commitment. Buyer shall give Seller written
notice on or before the expiration of the later of (i) thirty (30) days after Buyer's receipt of
the Title Commitment or (ii) thirty (30) days after Buyer's receipt of the survey provided for
below, that the condition of title as set forth in the Title Commitment and survey is or is
not satisfactory, in Buyer's reasonable discretion. In the event that the condition of title is
not acceptable, Buyer shall state which exceptions to the Title Commitment are
unacceptable and Seller shall undertake to eliminate such exceptions as set forth below;
provided, however, that at Closing, mortgages may be satisfied or the liens thereof partially
released as the case may be, as to the Property. Seller shall, at its sole cost and expense
not to exceed Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00), promptly
undertake and use due diligence to eliminate or modify all unacceptable matters to the
reasonable satisfaction of Buyer but in no event shall Seller be required to file suit. In the
event Seller is unable with the exercise of due diligence to satisfy the objections within
ninety (gO) days after notice, Buyer may, at its option, (i) accept title subject to the
objections raised by Buyer, without an adjustment in the Purchase Price, in which event the
objections shall be deemed to be waived for all purposes, or Iii) terminate this Agreement,
whereupon the Deposit described herein shall thereupon be returned to Buyer.
Notwithstanding any of the provisions of this Section 2.1 to the contrary, if Buyer fails to
notify Seller that the condition of title as set forth in the Title Commitment and survey is or
is not acceptable, the parties hereby agree that the condition of title shall be deemed
acceptable.
2.2. Current Survev. Within forty-five (45) days after the Effective Date,
Buyer, at Buyer's expense, shall obtain a current survey of the Property prepared by a duly
licensed land surveyor ("Survey"). In the event the Survey, or any recertification thereof,
shows any encroachments of any improvements upon, from, or onto the Property, any
building set-back line or easement, or shows any evidence of use which indicates that an
unrecorded easement may exist, except as may be acceptable to Buyer, in Buyer's
reasonable judgment, such matter shall be treated in the same manner as a title defect
under the procedure set forth above.
2.3. Inspection Period. Buyer or Buyer's agents, at Buyer's expense, shall
have the right to inspect the Property for a period of one hundred eighty (180) days after
Agreement 020403
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the Effective Date ("Inspection Period") to determine whether, in Buyer's sole discretion,
the Property is suitable for Buyer's intended use thereof. Such inspection may include, but
shall not be limited to, engineering and feasibility studies. If the Property is determined to
be unsuitable, Buyer may terminate this Agreement by giving written notice to Seller of
such termination within one hundred eighty (180) days after the Effective Date, upon
receipt of which Buyer shall restore any damage to the Property caused by Buyer's
inspection, upon which Escrow Agent shall return to Buyer the Deposit and the parties
hereto shall be relieved of all further obligations hereunder. Buyer shall cause all persons or
entities furnishing materials or services in connection with the inspection rights granted
hereunder to be paid promptly and Buyer shall not allow the filing of any mechanic's liens
against the Property in connection with the inspection permitted hereunder. Buyer hereby
holds Seller harmless from any damages or liabilities arising from the acts or omission of
Buyer or its agents in pursuing the activities permitted under this section. Purchaser shall
maintain commercial general liability insurance with respect to Purchaser's activities on the
Property. Such liability insurance shall be on an occurrence basis and shall provide
combined single limit coverage of not less than $1,000,000 (per occurrence and in the
aggregate) for bodily injury, death and property damage, by water or otherwise, and the
deductible amount shall not exceed $10,000. All policies of insurance to be kept and
maintained in force under this Section shall be obtained from good and solvent insurance
companies reasonably satisfactory to Seller, and shall name Seller an additional insured.
All information obtained by Purchaser in connection with Purchaser's due diligence
hereunder shall be confidential and will not be disclosed to third parties; provided, however,
Purchaser may disclose such information to parties such as Purchaser's lenders, attorneys
and investors. The indemnification, insurance and confidentiality provisions hereunder
shall survive Closing and any termination of this Agreement.
III. PROVISIONS WITH RESPECT TO CLOSING.
3.1. ClosinQ Date. The consummation of the transaction contemplated by
this Agreement ("Closing") shall take place in an office reasonably acceptable to Seller and
Buyer on or before December 1, 2003, unless Closing is extended by other provisions
hereof.
following:
3.2. Seller's Obliaations at Closina. At Closing, Seller shall do the
(a) Execute, acknowledge and deliver to Buyer a special warranty
deed conveying the Property to Buyer subject to all matters of record, inclUding the
Permitted Exceptions, which deed shall be in form for recording with all required
documentary stamps in the proper amount provided for by Seller at Seller's expense.
(b) Deliver to Title Company and Buyer evidence satisfactory to it
of Seller's authority to execute and deliver the documents necessary or advisable to
consummate the transaction contemplated hereby.
(c) Execute and deliver to Title Company and Buyer duplicate
original copies of an affidavit of no liens satisfactory to Title Company so as to cause Title
Company to remove the "gap," construction lien, parties in possession and unrecorded
easements standard exceptions from the Title Commitment.
Agreement 020403
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(d) Execute and deliver to Title Company and Buyer a "non-foreign
person" affidavit in compliance with regulations issued by the Internal Revenue Service.
3.3. Buyer's Obliqations at Closing. Subject to the terms, conditions and
provisions hereof, and contemporaneously with the performance by Seller of its obligations
set forth in Section 3.2 above, Buyer shall do the following:
(a) Deliver to Seller the Purchase Price to be paid at Closing, plus
or minus prorations and Closing costs as set forth herein.
Mortgage.
(b) Execute and deliver to Seller the Purchase Money Note and
3.4. ClosinQ Costs.
with the Closing:
(a) Seller shall pay the following costs and expenses in connection
(i) All documentary stamps which are required to be
affixed to the special warranty deed; and
(ij) The premium payable for the title commitment and title
policy issued pursuant thereto.
the Closing:
(b) Buyer shall pay the following costs and expenses in connection with
(i) Cost of recording the special warranty deed;
(ii) All costs associated with the Note and Mortgage,
including but not limited to legal costs, recording and
taxes; and
(iii) All costs associated with any third party financing.
3.5. Proration of Taxes. Taxes for the year of Closing shall be prorated to
the date of Closing. If the Closing shall occur before the tax rate is fixed for the then
current year, the apportionment of taxes shall be upon the basis of the tax rate of the
preceding year applied to the latest assessed valuation. Subsequent to the Closing, when
the tax rate is fixed for the year in which the Closing occurs, Seller and Buyer agree to
adjust the proration of taxes and, if necessary, to refund or pay, as the case may be, on or
before January 1 of the year following the Closing, an amount necessary to effect such
adjustments.
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IV. PROVISIONS WITH RESPECT TO FAILURE OF TITLE, DEFAULT AND
SECURITY DEPOSIT.
4.1. Failure of Title. If Seller shall be unable to convey title to the Property
or any portion thereof on the Closing in accordance with the provisions hereof, Seller shall,
on or prior to Closing, give notice of such inability (and the nature thereof) to Buyer, and
Buyer may either (i) accept such tit[e as Seller can convey, without abatement of the
Purchase Price, or (ii) terminate this Agreement, in which event the Deposit made
hereunder shall be forthwith returned to Buyer.
4.2. Default by Seller. In the event Seller should fail to perform hereunder
for any reason, except Buyer's default, Buyer may (i) enforce specific performance of this
Agreement, or (ii) terminate this Agreement, in which event the Deposit made hereunder
shall be forthwith returned to Buyer. Buyer may not seek damages from Seller. No delay
or omission in the exercise of any right or remedy accruing to Buyer upon any breach by
Seller under this Agreement shall impair such right or remedy or be construed as a waiver
of any such breach theretofore or thereafter occurring. The waiver by Buyer of any
condition or of any subsequent breach of the same or any other term, covenant or
condition herein contained shall not be deemed to be a waiver of any other condition or of
any subsequent breach of the same or any other term, covenant, or condition herein
contained.
4.3 Default by BuYer. In the event Buyer should fail to perform hereunder
within the time specified for any reason, including the payment of all Deposits, the Deposit
paid by Buyer and deposit(s) agreed to be paid, shall be and become the property of Seller,
such sum being agreed upon as liquidated damages for the failure of Buyer to perform the
duties and obligations imposed upon it by the terms and provisions hereof. BUYER AND
SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO
QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY BUYER,
THAT THE AMOUNT OF ALL DEPOSITS IS A REASONABLE ESTIMATE OF SUCH ACTUAL
DAMAGES, AND THAT SELLER'S REMEDY IN THE EVENT OF A BREACH BY PURCHASER
SHALL BE TO RETAIN ALL DEPOSITS AND ANY EARNINGS THEREON AS UQUIDA TED
DAMAGES. Notwithstanding the foregoing, this liquidated damages provision does not
limit Purchaser's obligations of restoration, indemnity and confidentiality under Section 2.3
hereof, which expressly survives termination of this Agreement for any reason, including
default by Purchaser. No delay or omission in the exercise of any right or remedy accruing
to Seller upon any breach by Buyer hereunder shall impair such right or remedy or be
construed as a waiver of any breach theretofore or thereafter occurring. The waiver by
Seller of any condition or the breach of any term, covenant or condition herein contained
shall not be deemed to be a waiver of any other condition or of any subsequent breach of
the same or any other term, covenant or condition herein contained. In the event of any
termination of this Agreement, whether a permitted termination or a default, Buyer shall
deliver and assign to Seller all plans, studies, surveys, analyses, data and/or permits
compiled by Buyer with respect to the Property, at no cost to Seller, and such items shall
become the property of Seller.
V. BROKERAGE COMMISSIONS.
Agreement 020403 5
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5.1. Brokeraqe Commissions. Each party represents to the other that no
brokers have been involved in this transaction. In the event that a claim for brokerage
commissions or fees are ever made against either party in connection with this transaction,
each such claim shall be handled and paid by the party whose actions form the basis of
such claim. Each party agrees to indemnify and hold harmless the other from and against
any and all such claims asserted by any person, firm or corporation in connection herewith
or the transaction contemplated hereby, including attorneys' fees (as defined in Section
6.13), and arising from the acts of the indemnifying party.
VI. OTHER CONTRACTUAL PROVISIONS.
6.1. Assiqnabilitv. Buyer shall not assign this Agreement to any person,
firm, corporation or other entity without Seller's prior written consent, which may be
withheld in Seller's sole and absolute discretion. In the event of an assignment hereunder,
Buyer may not be released from liability under this Contract.
6.2. Notices. Any notice, request, demand, instruction or other document
required or permitted to be given or served hereunder or under any document or instrument
executed pursuant hereto shall be in writing and shall be delivered personally, or by
overnight express courier, or by facsimile transmission, and addressed to the parties at
their respective addresses set forth below, and the same shall be effective upon receipt if
delivered personally, or by confirmed facsimile, or via overnight express courier. A party
may change its address for receipt of notices by service of a notice of such change in
accordance herewith. Notices shall be given to the parties hereto at the following
addresses:
FOR SELLER:
FOR BUYER:
Trust for Rehabilitation and
Nurturing Youth and Families, Inc.
Attn: Lew Friedland, President
43309 U.S. Hwy. 19 N.
P.O. Box 1608
Tarpon Springs, FL 34688-1608
Telephone (727) 942-2591
Telefax (727) 938-3328
Clearwater Village LLC
Ido Fischler
423 Cleveland Street
Clearwater, FL 33755
Telephone (727) 449-2209
Telefax: (828) 443-3651
WITH A COpy TO:
WITH A COpy TO:
Pepple Johnson Cantu & Schmidt
Attn: Amber F. Williams, Esq.
25400 US 19 N, Suite 152
Clearwater, Florida 33763
Telephone (727) 724-0100
Telefax: (727) 726-9272
Joseph R. Cianfrone, P.A.
Joseph R. Cianfrone
1968 Bayshore Blvd
Dunedin, FL 34698
Telephone (727) 738-1100
Telefax: (727) 733-0042
Either party hereto may, at any time by giving five (5) days' written notice to the other
party hereto, designate any other address in substitution of the foregoing address to which
Agreement 020403
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notice shall be given and other parties to whom copies of all notices hereunder shall be
sent.
6.3. Entire Aqreement: Modification. This Agreement embodies and
constitutes the entire understanding between the parties with respect to the transaction
contemplated herein. All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement. Neither
this Agreement nor any provision hereof may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by the party against which the
enforcement of such waiver, modification, amendment, discharge or termination is sought,
and then only to the extent set forth in such instrument.
6.4. Applicable Law. This Agreement shall be governed by, and construed
in accordance with, the laws of Florida.
6.5. Headings. Descriptive headings are for convenience only and shall not
control or affect the meaning or construction of any provision of this Agreement.
6.6. Binding Effect. This Agreement shall be binding upon and shall inure
to the benefit of the parties hereto and their successors and assigns, provided that no
assignment shall be made except in accordance with the provisions of Section 6.1 hereof.
6.7. Counterparts/Fax. This Agreement may be executed in several
counterparts, each constituting a duplicate original, but all such counterparts constituting
one and the same Agreement. Delivery of a facsimile or other copy of a signed version of
this Agreement has the same effect as delivery of an original.
6.8. Interpretation. Whenever the context hereof shall so require, the
singular shall include the plural, the male gender shall include the female gender and the
neuter, and vice versa, and the use of the terms "include," "includes" and "including" shall
be without limitation to the items which follow.
6.9. Severabilitv. In case anyone or more of the prOVISions hereof shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
6.10. Joint Drafting. The parties acknowledge that each has played an
equal part in the negotiation and drafting of this Agreement, and in the event any
ambiguities should be realized in the construction or interpretation of this Agreement, such
ambiguities shall not be construed against either party solely on account of authorship.
6.11. Waiver. The waiver of one or more defaults by any party to this
Agreement shall not be deemed a waiver of any subsequent default of the same or any
other provision of this Agreement under the same or other circumstances.
6.12. Risk of Loss bv Condemnation. If, after the date hereof and prior to
Closing, all or a part of the Property is subjected to a bona fide threat of condemnation by
Agreement 020403
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a body having the power of eminent domain or is taken by eminent domain or
condemnation (or sale in lieu thereof), Buyer may, by written notice to Seller, elect to
cancel this Agreement no later than ten (10) days after notice of such occurrence, in which
event both parties shall be relieved and released of and from any further liability hereunder,
and the Deposit made by Buyer hereunder shall forthwith be returned to Buyer, whereupon
this Agreement shall become null and void and be considered canceled. If no such election
is made within said 10-day period, this Agreement shall remain in full force and effect and
the purchase contemplated herein, less any interest taken by eminent domain or
condemnation, shall be effected with no further adjustment, and upon Closing Seller shall
assign, transfer, and set over to Buyer all of the right, title and interest of Seller in and to
any awards that have been or that may thereafter be made for such taking.
6.13. Attorney's Fees, etc. Should either party employ an attorney or
attorneys to enforce any of the provisions hereof, or to protect its interest in any matter
arising hereunder, or to recover damages for the breach hereof, the party prevailing shall be
entitled to recover from the other party all reasonable costs, charges and expenses,
including attorneys' fees, the value of time charged by paralegals and/or other staff
members operating under the supervision of an attorney, and other legal costs, expended
or incurred in connection therewith, before, during and subsequent to any litigation,
including arbitration and appellate proceedings, bankruptcy or similar debtor/creditor
proceedings, and proceedings to enforce any indemnity agreement herein contained.
6.14 Memorandum of Agreement. Neither this Agreement nor a
memorandum of this Agreement shall be filed of record by either party. Recording by or at
Buyer's instructions shall be a material default of this Agreement by Buyer.
6.15. Time is of the Essence. The parties acknowledge that time is of the
essence for each time and date specifically set forth in this Agreement. In computing any
period of time pursuant to this Agreement, the day of the act, event or default from which
the designated period of time begins to run shall be included, unless it is a Saturday,
Sunday or a legal holiday, in which event the period shall begin to run on the next day
which is not a Saturday, Sunday or a legal holiday, in which event the period shall run until
the end of the next day thereafter which is not a Saturday, Sunday or legal holiday.
6.16 Execution Date. This Agreement shall be of no force and effect
unless executed by Seller and Buyer on or before J6"i 18",) f iL, O.
1'1/.1,. <")
VII. Escrow Aoent.
7.1 Duties. It is agreed that the duties of Es w A are only such as
are herein specifically provided, being purely ministerial in nature, and that Escrow Agent
shall incur no liability whatever except for willful misconduct or gross negligence so long as
Escrow Agent has acted in good faith. The Seller and Buyer release Escrow Agent from
any act done or omitted to be done by Escrow Agent in good faith in the performance of
Escrow Agent's duties hereunder.
7.2 Responsibilities. Escrow Agent shall be under no responsibility with
respect to any Deposit placed with it other than faithfully to follow the instructions herein
contained. Escrow Agent may consult with counsel and shall be fully protected in any
Agreement 020403
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actions taken in good faith, in accordance with counsel's advice. Escrow Agent shall not
be required to defend any legal proceedings which may be instituted against Escrow Agent
in respect to the subject matter of these instructions unless requested to do so by Seller
and Buyer and indemnified to the satisfaction of Escrow Agent against the cost and
expense of such defense. Escrow Agent shall not be required to institute legal proceedings
of any kind. Escrow Agent shall have no responsibility for the genuineness or validity of
any document or other item deposited with Escrow Agent, and shall be fully protected in
acting in accordance with any written instructions given to Escrow Agent hereunder and
believed by Escrow Agent to have been signed by the proper parties.
7.3 Sole Liability. Escrow Agent assumes no liability hereunder except
that of a stakeholder. If there is any dispute as to whether Escrow Agent is obligated to
deliver the Deposit, or as to whom the Deposit is to be delivered, Escrow Agent will not be
obligated to make any delivery of the Deposit, but in such event may hold the Deposit until
receipt by Escrow Agent of an authorization in writing signed by all of the persons having
an interest in such dispute, directing the disposition of the sum, or in the absence of such
authorization, Escrow Agent may hold the Deposit until the final determination of the rights
of the parties in an appropriate proceeding. If such written authorization is not given, or
proceedings for such determination are not begun and diligently continued, Escrow Agent
may, but is not required, to bring an appropriate action or proceeding for leave to place the
Deposit with the court, pending such determination. Once Escrow Agent has tendered into
the registry or custody of any court of competent jurisdiction all money and/or property in
its possession under this Agreement, or has made delivery of the Deposit in any other
manner provided for herein, Escrow Agent shall be discharged from all duties and shall
have no further liability hereunder as Escrow Agent. Escrow Agent shall be entitled to
represent Seller in any and all such proceedings. Buyer acknowledges that Escrow Agent is
the law firm which has represented Seller in connection with this transaction and Buyer
consents to such continued representation, including representation of Seller in any dispute
which may arise in connection with this Agreement, the transaction contemplated hereby,
or matters related to any of the foregoing.
7.4 Confirmation of DeRosit. Escrow Agent has executed this Agreement
to confirm that Escrow Agent is holding (drafts are subject to collection) and will hold the
Deposit in escrow pursuant hereto and shall place all funds received hereunder into an
account insured by the Federal Deposit Insurance Corporation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
WITNESSES:
SELLER:
Trust for Rehabilitation and Nurturing
Youth and F i1ies, Inc.,
a Florida -pro
'1/J(44~~
Signature
Agreement 020403
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M/rf), l"Jl\J . l/. W1L-U A K.\.S
Print name
~:.-<-" -<4....-""~ "
~Ll&~J/~ .&LJaJ,t;' L.L.
Print name
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Print name ~
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Signature
~~('t'(" t~ \fAL l7\.yJ
~nt name
Agreement 020403 1 0
BUYER:
e
Clearwater Village, L.C.,
a Florida limi d liability company
By:
Print name:
As:
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EXHIBIT A
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Legal Description
That block of property bounded by North Greenwood Avenue on the East, by Grove Street
on the North, by Booth Avenue on the West, and by Laura Street on the South in
Clearwater, Florida, more fully described as:
Lots 1, 2, 3, 4, 5, and 6 inclusive, Block 2, R.J. BOOTH'S SUBDIVISION, as recorded in
Plat Book 9, Page 22, Public Records of Pinellas County, Florida;
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 inclusive, Block 2, SARAH McMULLEN'S
SUBDIVISION, according to the map or plat there of as recorded in Plat Book 1, page 41,
Public Records of Pinellas County, Florida
LESS The South 10 feet of Lots 6, 7, 8, 9, and 10, Block 2, SARAH McMULLEN'S
SUBDIVISION; the South 10 feet of Lot 6, Block 2, R.J. BOOTH'S SUBDIVISION; and the
east 10 feet of Lots 1 and 10, Block 2, SARAH McMULLEN'S SUBDIVISION to the City of
Clearwater given for right of way purposes.
~
Agreement 020403
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EXHIBIT B
Site Plan
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Agreement 020403
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EXHIBIT C
MORTGAGE NOTE
$750,000.00
,2003
FOR VALUE RECEIVED, the undersigned promises to pay to the order of TRUST FOR
REHABILITATION AND NURTURING YOUTH AND FAMILIES, INC., a Florida not-for-profit
corporation (hereinafter, together with any holder hereof, called "Holder"}, at 43309 U.S.
Highway 19 N., Tarpon Springs, Florida 34689, or at such other place as the Holder may
from time to time designate in writing, without grace, the principal sum of Seven Hundred
Fifty Thousand and 00/100 Dollars ($750,000.00). No interest shall be due for one year
from the date of this Note. Thereafter, interest shall accrue at the rate of eight percent
(8%) on the unpaid principal balance and shall be paid in accordance with the following
provisions:
a. A principal reduction payment in the amount of Two Hundred Fifty Thousand
and 00/100 Dollars shall be due and payable on or before nine months after the date of this
Note.
b. A principal reduction payment in the amount of Two Hundred Fifty Thousand
and 00/1 00 Dollars together with all accrued interest shall be due and payable on or before
fifteen months after the date of this Note.
c. A principal reduction payment in the amount of Two Hundred Fifty Thousand
and 00/100 Dollars together with all accrued interest shall be due and payable on or before
twenty-one months after the date of this Note.
d. If not sooner paid, a final installment of all outstanding unpaid principal and
accrued interest shall be due and payable on or before twenty-seven months after the date
of this Note, together with any and all expenses to be paid by Borrower hereunder.
This Note and the instruments securing it have been executed and delivered in, and
their terms and provisions are to be governed and construed. by the laws of the State of
Florida.
This Note, may be prepaid in whole or in part at any time without penalty.
Prepayments shall not affect or vary the duty of the undersigned to pay all obligations
when due, and they shall not affect or impair the right of the Holder to pursue all remedies
available to it hereunder, under the Mortgage securing this indebtedness, or under any
other Security or Loan Document (as defined in the Mortgage).
This Note is secured by a Mortgage of even date herewith executed by the
undersigned in favor of the payee herein, which is a lien on a certain estate in real property,
described therein.
Agreement 020403
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Any payment of principal or interest which is not made when due, as herein provided,
shall bear interest at the maximum rate of interest permitted by law, until paid, and in
addition the undersigned will pay Holder a "late charge" of six percent (6%) of the amount
due which shall be for the purpose of reimbursing the Holder for out-of-pocket direct
expenses incurred by reason of such late payment.
In no event shall the amount of interest due or payments in the nature of interest
payable hereunder exceed the maximum rate of interest allowed by applicable law, as
amended from time to time, and in the event any such payment is paid by the undersigned
or received by the Holder, then such excess sum shall be credited as a payment of
principal, unless the undersigned shall notify the Holder, in writing, that the undersigned
elects to have such excess sum returned to it forthwith.
The Holder shall have the optional right to declare the amount of the total balance
hereof to be due and forthwith payable in advance of the maturity date of any sum due or
installment, as fixed herein, upon the occurrence of any Event of Default or failure of the
undersigned to perform in accordance with any of the terms and conditions in the Mortgage
securing this Note or in any other Security or Loan Document. Upon exercise of this option
by the Holder, the entire unpaid principal shall bear interest at the maximum rate permitted
by law until paid. Forbearance to exercise this option with respect to any failure or breach
of the undersigned shall not constitute a waiver of the right as to any continuing failure or
breach or any subsequent failure or breach. Exercise of this option shall be without notice
to the undersigned, notice of such exercise being hereby expressly waived.
Time is of the essence of this Note and, in case this Note is collected by law or
through an attorney at law, or under advice therefrom, the undersigned agrees to pay all
costs of collection, including reasonable attorney's fees.
Reasonable attorney's fees are defined to include, but not be limited to, all fees
incurred in all matters of collection and enforcement, construction and interpretation,
before, during and after trial, proceedings and appeals, as well as appearances in and
connected with any bankruptcy proceedings or creditors' reorganization or similar
proceedings.
The remedies of the Holder, as provided herein or in the Mortgage, or any other
Security or Loan Document shall be cumulative and concurrent, and may be pursued
regularly, successively or together, at the sole discretion of the Holder, and may be
exercised as often as occasion therefor shall arise. No act of omission or commission of
the Holder, including specifically any failure to exercise any right, remedy or recourse, shall
be deemed to be a waiver or release of the same, such waiver or release to be effected
only through a written document executed by the Holder and then only to the extent
specifically recited therein. A waiver or release with reference to anyone event shall not
be construed as continuing, as a bar to, or as a waiver or release of any subsequent right,
remedy or recourse as to a subsequent event.
All persons or corporations now or at any time liable, whether primarily or
secondarily, for the payment of the indebtedness hereby evidenced, for themselves, their
heirs, legal representatives, successors and assigns respectively, hereby (a) expressly
waive presentment, demand for payment, notice of dishonor, protest, notice of
Agreement 020403
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nonpayment or protest, and diligence in collection; (b) consent that the time of all
payments or any part thereof may be extended, rearranged, renewed or postponed by the
Holder hereof and further consent that the collateral security or any part thereof may be
released, exchanged, added to or substituted for by the Holder hereof, without in anywise
modifying, altering, releasing, affecting or limiting their respective liability or the lien of any
security instrument; (c) agree that the Holder, in order to enforce payment of this Note,
shall not be required first to institute any suit or to exhaust any of its remedies against the
Maker or any other person or party to become liable hereunder.
IN WITNESS WHEREOF, the undersigned has executed this Mortgage Note on the day
and year first above written.
WITNESSES:
CLEARWATER VILLAGE L.C., a Florida
limited liability company
Signature
By:
Print Name:
As:
Print name
Signature
Print name
Agreement 020403
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EXHIBIT "0"
~ared bv and return to:
Amber F. Williams, Esquire
Pepple Johnson Cantu & Schmidt PLLC
25400 US 19 N, Suite 152
Clearwater, FL 33763
PURCHASE MONEY MORTGAGE AND SECURITY AGREEMENT
THIS MORTGAGE DEED, is given on , 2003, by CLEARWATER
VILLAGE LLC, a Florida limited liability company ("Mortgagor"), to REHABILITATION AND
NURTURING YOUTH AND FAMILIES, INC., a Florida not-for-profit corporation
("Mortgagee"),
w 1 I N 1; ~ ~ 1; I H:
Mortgagor, in consideration of the aggregate sum named in the Note hereinafter
described, and other valuable consideration, the receipt of which is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto
Mortgagee, in fee simple, the real property located in Pinellas County, Florida, described as
follows:
See Exhibit "A" attached hereto and incorporated herein by
reference.
TOGETHER with all buildings, structures and other improvements now or hereafter
located on, above or below the surface of the real property, or any part or parcel thereof;
and
TOGETHER with all rights, title and interest of Mortgagor in and to the minerals, soil,
flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the real
property or under or above the same or any part or parcel thereof; and
TOGETHER with all and singular the tenements, hereditaments, easements, riparian
and littoral rights, and appurtenances thereunto belonging <?r in any way appertaining,
whether now owned or hereafter ~cquired by Mortgagor, and including all rights of ingress
and egress to and from adjoining property (whether such rights now exist or subsequently
arise) together with the reversion or reversions, remainder or remainders, rents, issues and
profits thereof; and also all the estate, right, title, interest, homestead, dower, right of
dower, elective share, separate estate, property, possession, claim and demand
whatsoever of Mortgagor of, in and to the same and of, in and to every part and parcel
thereof; and
.,
TOGETHER with all machinery, apparatus, equipment, fittings, fixtures, whether
actually or constructively attached to the real property and including all trade, domestic and
Agreement 020403
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ornamental fixtures, and articles of personal property of every kind and nature whatsoever
(hereinafter collectively called "Equipment"), now or hereafter located in, upon or under the
real property or any part thereof and used or usable in connection with any present or
future operation of the real property and now owned or hereafter acquired by Mortgagor,
including, but without limiting the generality of the foregoing, all heating, air conditioning,
freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks;
motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire
extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges,
furnaces, oil burners or units thereof; appliances; air-cooling and air conditioning apparatus;
vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors
and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and
compressors; rugs and carpets; draperies; furniture and furnishings; together with all
building materials and equipment now or hereafter delivered to the real property and
intended to be installed therein, including but not limited to, lumber, plaster, cement,
shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets,
furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors,
flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and
ventilating appliances and equipment; together with all proceeds, additions and accessions
thereto and replacements thereof (Mortgagor hereby agreeing with respect to all additions
and replacements to execute and deliver from time to time such further instruments as may
be requested by Mortgagee to confirm the conveyance, transfer and assignment of any of
the foregoing); and
TOGETHER with all of the water, sanitary and storm sewer systems now or hereafter
owned by Mortgagor which are now or hereafter located over, and upon the real property,
or any part and parcel thereof, and which water system includes all water mains, service
laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary
sewer lines, including mains, laterals, manholes and appurtenances; and
TOGETHER with all paving for streets, roads, walkways or entrance ways now or
hereafter owned by Mortgagor and which are now or hereafter located on the real property
or any part or parcel thereof; and
TOGETHER with Mortgagor's interest as lessor in and to all leases of the real
property, or any part thereof, heretofore made and entered into, and in and to all leases
hereafter made and entered into by Mortgagor during the life of this Mortgage or any
extension or renewal hereof, together with any and all guarantees thereof and including all
present and future security deposits and advance rentals reserving to Mortgagor its equity
of redemption rights herein provided and hereby intending that in case of foreclosure sale,
the tenant's interest in any such leases then in force shall, upon expiration of Mortgagor's
right of redemption, pass to the purchaser at such sale as a part of the mortgaged
property; subject to election by the purchaser to terminate or enforce any of such leases
hereafter made; and
TOGETHER with any and all awards or payments, including interest thereon, and the
right to receive the same, as a result of (a) the exercise of the right of condemnation or
eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to,
taking of, or decrease in the value of, the mortgaged property, to the extent of all amounts
which may be secured by this Mortgage at the date of receipt of any such award or
Agreement 020403
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payment 'by Mortgagee and of the reasonable attorney's fees (including paralegals' fees),
costs and disbursements incurred by Mortgagee in connection with the collection of such
award or payment; and
TOGETHER with all of the right, title and interest of Mortgagor in and to all unearned
premiums accrued, accruing or to accrue under any and all insurance policies now or
hereafter provided pursuant to the terms of this Mortgage, and all proceeds or sums
payable for the loss of or damage to (a) any property encumbered hereby, or (b) rents,
revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or
on any part of the mortgaged property.
ALL the foregoing encumbered by this Mortgage being collectively referred to herein
as the "Premises."
AND Mortgagor hereby covenants with Mortgagee and with any purchaser at
foreclosure sale hereunder that Mortgagor is indefeasibly seized of the Premises in fee
simple and has full power and lawful right to convey the same as aforesaid and that it shall
be lawful for Mortgagee at all times hereafter peaceably and quietly to enter upon, hold,
occupy and enjoy the Premises and every part thereof; and that the Premises and every
part thereof is free from all encumbrances; and that Mortgagor will make such other and
further assurances to perfect the fee simple title to the Premises, and any part thereof, in
Mortgagee, or in any purchaser at foreclosure sale hereunder, as may hereafter reasonably
be required; and that Mortgagor hereby fully warrants the title to the Premises and every
part thereof and will defend the same against the lawful claims of all persons whomsoever.
CONDITIONED, HOWEVER, that if the maker of the Note hereafter described shall
payor cause to be paid to Mortgagee, at its office and principal place of business or at
such other place which may hereafter be designated by Mortgagee, its or their successors
or assigns, with interest the principal sum stated in that certain Note, a copy of which is
attached hereto as Exhibit "B" and incorporated herein (the "Note"), as well as all future
advances and all other sums, indebtedness, obligations and liabilities for which this
instrument is security, and if Mortgagor shall also fully perform all the covenants,
conditions and terms of this Mortgage, then these presents shall be void, otherwise to
remain in full force and effect.
If any of the Premises is of a nature so that a security interest therein can be
perfected under the Uniform Commercial Code, this instrument shall constitute a Security
Agreement and Mortgagor agrees to join with Mortgagee in execution of any financing
statements andto execute any other instruments that may be required for the perfection or
renewal of such security interest under the Uniform Commercial Code. In regard thereto,
Mortgagee shall have, as additional and cumulative rights and remedies all of the rights and
remedies provided in said Uniform Commercial Code.
This Mortgage and the Premises are also given as security for any and all other sums,
indebtedness, obligations and liabilities of any and every kind now or hereafter, during the
term hereof, owing and to become due from Mortgagor to Mortgagee or to the holder of
the Note, or to the assignees thereof, howsoever created, incurred, evidenced, acquired or
arising, whether under the Note, this Mortgage, or any other instrument, obligation,
contract, or agreement or dealing of any and every kind now or hereafter existing or
Agreement 020403
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entered into between Mortgagor and Mortgagee, or otherwise, as amended or modified or
supplemented from time to time, and whether direct, indirect, primary, secondary, fixed or
contingent, and any and all renewals, modifications or extensions of any or all of the
foregoing.
Any additional sum or sums advanced by the then holder of the Note secured hereby
to or for the benefit of Mortgagor, whether such advances are obligatory or are made at
the option of Mortgagee, or otherwise, at any time within twenty (20) years after the date
of this Mortgage, with interest thereon at the rate agreed upon at the time of each
additional loan or advance, shall be equally secured with and have the same priority as the
original indebtedness and be subject to all of the terms and provisions of this Mortgage,
whether or not such additional loan or advance is evidenced by a promissory note of the
borrowers and whether or not identified by a recital that it is secured by this Mortgage;
provided that the aggregate amount of principal indebtedness outstanding and so secured
at anyone time shall not exceed the sum equal to three (3) times the principal sum of the
Note, plus interest and disbursements made for the payment of taxes, levies or insurance
on the Premises with interest on such disbursements, and provided further that it is
understood and agreed that this future advance provision shall not be construed to obligate
Mortgagee to make any such additional loans or advances. Any reference herein to the
Note shall include any promissory note or other instrument evidencing such future advance.
It is the intent hereof to secure payment of the Note and obligations whether the
entire amount shall have been advanced to Mortgagor at the date hereof, or at a later date,
and to secure any other amount or amounts that may be added to the mortgage
indebtedness under the terms of this instrument (all of which are collectively referred to
herein as the "Secured Indebtedness"), the entire Secured Indebtedness being equally
secured with and having the same priority as any amounts advanced at the date hereof.
AND Mortgagor covenants with Mortgagee as follows:
1. Mortgagor shall pay all and singular the principal and other sums of
money payable according to the tenor of the Note and this Mortgage, and of any other
Secured Indebtedness according to its terms.
2. Mortgagor shall pay, before they become delinquent, all taxes and
assessments of every nature affecting the Premises, and all other charges and
encumbrances which now are, or hereafter shall be, or appear to be a lien upon the
Premises or any part thereof. In default thereof, Mortgagee may (but shall not be obliged
to) pay and discharge such taxes, assessments, charges and encumbrances, and pay such
sums of money as it may deem necessary therefor, and shall be the sole judge of the
validity, legality or priority thereof; and every payment so made shall bear interest at the
maximum legal rate and be secured by the lien of this Mortgage.
3. Mortgagor will permit, commit or suffer no waste, impairment or
deterioration of the Premises and will keep and maintain all improvements now or hereafter
on the land in sound condition and good repair; and no building shall be removed,
demolished or substantially altered nor shall any fixture or articles of personal property
covered by this Mortgage be removed without written consent of Mortgagee. Should
Mortgagor fail to make such necessary repairs, then Mortgagee may, at its option, make
Agreement 020403
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such repairs or remedy any waste, and any such sums expended by Mortgagee shall be
immediately due and payable and shall bear interest at the maximum legal rate and shall be
secured by the lien hereof.
4. Mortgagor shall take no action to amend the zoning or land use
designation, or any approved master or site plan, for the Premises, without Mortgagee's
prior written consent, which consent may be withheld in Mortgagee's sole and absolute
discretion.
5. Mortgagor shall keep the buildings and improvements now or hereafter
comprising part of the Premises and articles of personal property covered by this Mortgage
insured against loss by fire and other losses normally covered by an extended coverage
endorsement, and against flood loss and loss by such other hazards as may be from time to
time required by Mortgagee, in such form and amounts and in such companies approved by
Mortgagee. All policies of insurance which insure against any loss or damage to the
Premises shall provide for loss payable to Mortgagee, without contribution by Mortgagee,
pursuant to New York Standard or other mortgagee clause satisfactory to Mortgagee. In
the absence of specific directions from Mortgagee, Mortgagor shall keep in force insurance
required to prevent Mortgagor from becoming a coinsurer under the terms of the applicable
policy, or the amount of the Note, whichever is greater. Mortgagor agrees in the event of
any loss under any policy of insurance, that the proceeds shall be paid directly to
Mortgagee and Mortgagee may, in its sole discretion, apply the amount so collected, or any
part thereof, on the Secured Indebtedness in whatever manner Mortgagee may deem
advisable, or toward the repair or restoration of the damaged Premises, or any portion
thereof. In case Mortgagor fails so to insure as herein agreed, Mortgagee is hereby
authorized to (but is not obliged to) procure and pay for such fire or other insurance; and
every payment shall bear interest from the date thereof at the maximum legal rate and shall
be secured by the lien hereof.
6. The Secured Indebtedness shall become due and payable, at the option
of Mortgagee, without notice or demand, after default in the payment of principal on the
Note, or after default in the payment of any tax, assessment or insurance premium, or after
default in the performance of any covenant herein or in any other Loan Document delivered
to Mortgagee in connection with the Note or other Secured Indebtedness, and the
Mortgage be foreclosed, and all costs and expenses of collection of said monies by
foreclosure or otherwise, including attorney's fees (as defined in the Note) and costs of
abstract of title, title insurance policy, or other title expense, shall be paid by Mortgagor
and secured hereby. For purposes hereof, "Loan Document" shall mean the Note, this
Mortgage and any other documents between Mortgagor and Mortgagee related to the
Secured Indebtedness.
7. If suit is instituted to foreclose this Mortgage or to enforce payment of
any Secured Indebtedness, or the performance of any covenant or obligation hereunder,
Mortgagee shall be entitled to the appointment of a Receiver to take charge of the
Premises, to collect the rents, issues and profits therefrom, and to complete any
construction and care for the Premises, without proving insolvency, or any other grounds
for extraordinary relief, and Mortgagor hereby consents to such appointment ex parte
without notice, and such appointment shall be made by the court having jurisdiction thereof
as a matter of right to Mortgagee and without reference to the adequacy of the security, or
Agreement 020403
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to the solvency or insolvency of Mortgagor; and all rents, profits, incomes, issues and
revenues of the Premises are hereby assigned and pledged as further security for payment
of the Secured Indebtedness with the right on the part of Mortgagee at any time after
default hereunder to demand and receive the same and apply the same to the Secured
Indebtedness.
8. If foreclosure proceedings of any other mortgage, security agreement,
or any other lien of any kind shall be instituted in regard to the Premises, or should
Mortgagor default in any other loan from Mortgagee to Mortgagor, Mortgagee may, at its
option, immediately or thereafter declare this Mortgage and the Secured Indebtedness due
and payable.
9. If the Premises, or any part thereof, shall be condemned or taken for
public use under powers of eminent domain, Mortgagee shall have the right to demand that
all money awarded for the appropriation thereof, or damage to the Premises, shall be paid
to Mortgagee up to the amount of the outstanding Secured Indebtedness and may be
applied upon the payment last payable under this Mortgage and the obligation secured
hereby. Such condemnation or application shall not otherwise affect or vary the obligation
of Mortgagor to pay the Secured Indebtedness.
10. If, after this date there is enacted any law deducting from the value of
the Premises for the purpose of taxation the amount of any lien thereon, or imposing upon
Mortgagee the payment of the whole or any part of the taxes or assessments or charges or
liens herein required to be paid by Mortgagor, or changing in any way the laws relating to
the taxation of mortgages or debts secured by mortgages or Mortgagor's interest in the
property, or the manner thereof, then, and in any such event, Mortgagor upon demand by
Mortg?gee, shall pay such taxes or assessments, or reimburse Mortgagee therefor;
provided, however, that if in the opinion of counsel for Mortgagee (a) it might be unlawful
to require Mortgagor to make such payment, or (b) the making of such payment might
result in the imposition of interest beyond the maximum amount permitted by law, then and
in such event, Mortgagee may elect, by notice in writing given to Mortgagor, to declare all
of the indebtedness secured hereby to become due and payable sixty (60) days from the
giving of such notice.
11. Mortgagee and any persons authorized shall have the right to enter and
inspect the Premises at all reasonable times.
12. All covenants and stipulations herein shall bind the heirs, executors and
administrators, successors and assigns of Mortgagor and shall inure to the benefit of and
be available to the successors and assigns of Mortgagee.
13. The word "Mortgagor," if it appears hereby that there is more than one,
shall, wherever herein used, be construed in the plural; and all the covenants, agreements
and undertakings, herein set forth, shall be joint and several. If any provision of this
Mortgage or any other Loan Document, or the application thereof shall, for any reason and
to any extent, be invalid or unenforceable, neither the remainder of the instrument in which
such ptovision is contained, nor the application of the provision to other persons, entities or
circumstances, nor any other instrument referred to hereinabove shall be affected thereby,
but instead shall be enforced to the maximum extent permitted by law.
Agreement 020403
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14. If conveyance or lease of any interest in the Premises or any portion
thereof or further encumbrance thereof should be made by Mortgagor without the prior
written consent of Mortgagee, which consent may be withheld in Mortgagee's sole and
absolute discretion, and at the option of Mortgagee and without notice to Mortgagor, the
Secured Indebtedness shall immediately become due and payable in full whether the same
is so due and payable and otherwise in default by the specific terms hereof or not.
15. It is specifically agreed that time is of the essence of this Mortgage.
16. Any indulgence or departure at any time by Mortgagor, its successors
or assigns, from any of the provisions hereof, or of any obligation hereby secured, shall not
modify the same or relate to the future or waive future compliance therewith by Mortgagor.
No act of omission or commission of Mortgagee, including, without limitation, any failure to
exercise any right, remedy or recourse, shall be deemed to be a waiver, release or
modification of the same, such waiver, release or modification to be effected only through
a written document executed by Mortgagee and then only to the extent specifically recited
therein.
17. If Mortgagor (or the then fee owner of the Premises) should become a
debtor under any bankruptcy law, either voluntary or involuntary, or should a receiver be
appointed for Mortgagor or should Mortgagor become subject to a plan or arrangement
under the Bankruptcy Code, or should Mortgagor commit an act of bankruptcy, then and in
anyone of such events, this Mortgage and the Note for which the same is given to secure
and all other Secured Indebtedness shall become immediately due and payable and
Mortgagee shall have the right at its option to immediately foreclose this Mortgage without
notice.
18. Mortgagor will defend, at its own cost and expense, and indemnify and
hold Mortgagee harmless from, any action, proceeding or claim affecting the Premises, the
Note, Mortgage or any other Loan Document. Costs and expenses will include all
reasonable attorney's fees (as defined in the Note).
If' Mortgagor neglects or refuses to act pursuant to this Section, Mortgagee, at its
option (whether electing to declare the entire Secured Indebtedness due and collectible or
not, or to pursue other remedies for an Event of Default), may pay for all reasonable
attorney's fees (as defined in the Note), costs and expenses incurred in any such action.
All such payments, bearing interest thereon from the time of payment at the maximum rate
of interest permitted by law, shall be deemed a part of the Secured Indebtedness and shall
be immediately due and payable by Mortgagor to Mortgagee.
19. Mortgagor warrants and represents that Mortgagor shall hereafter
comply, with all valid laws, rules, ordinances and regulations of the federal, state and local
governments, and all agencies and subdivisions thereof, which laws, rules, ordinances and
regulations apply or relate to the Premises, the development, construction and
improvements existing or contemplated thereon or as a part thereof, and the use, lease,
sale or other disposition of the Premises, or parts thereof, or the improvements now or
hereafter located thereon or a part thereof, including, but not limited to all such laws, rules,
ordinances, and regulations regarding land use, zoning, building, subdivision, environment,
OSHA, pollution and sales practices.
Agreement 020403
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20. In no event shall the amount of interest due or payments in the nature
of interest payable in regard to the Note, other Secured Indebtedness or hereunder exceed
the maximum rate of interest allowed by applicable law, as amended from time to time,
and in the event any such payment is paid by Mortgagor or received by Mortgagee, then
such excess sum shall be credited as a payment of principal, unless the undersigned shall
notify Mortgagee, in writing, that the undersigned elects to have such excess sum returned
to it forthwith.
21 . If there is a default hereunder or under the Note or any other Loan
Document, Mortgagee shall have, in addition to the rights and remedies specified herein, all
other rights and remedies provided by law, in the Note or in any other Loan Document.
The remedies of Mortgagee, as provided herein or in the Note, or any other Loan
Document, shall be cumulative and concurrent, and may be pursued singularly,
successively or together, at the sole discretion of Mortgagee, and may be exercised as
often as occasion therefor may arise. A waiver or release with reference to anyone event
shall not be construed as continuing as a bar to, or as a waiver or release of any
subsequent right, remedy or recourse as to a subsequent event.
22. Notwithstanding any other provisions contained herein, Mortgagee
agrees to grant releases of portions of the Premises from the lien of this Mortgage as
follows, provided. that for each release all of the following conditions are met:
(a) Releases hereunder may be obtained only in the following order:
Parcel 1, Parcel 2, and Parcel 3 as described on the site plan attached hereto.
(b) Mortgagor shall submit to Mortgagee a written request for a partial
release specifying which Parcel is to be released ("Release Parcel'1, in compliance with the
order specified in Section 2.2(a) above.
(c) Mortgagor makes a principal prepayment, together with all accrued
interest due on the Note as of the date of prepayment in an amount to be equal to Two
Hundred Fifty Thousand and 00/100 Dollars ($250,000) for each Release Parcel.
(d) The remaining property encumbered by this Mortgage ("Remaining
Property") is structurally and operationally independent of the Release Parcel as determined
by Mortgagee. The Remaining Property and the Release Parcel are lawfully created
separate parcels pursuant to applicable subdivision laws and ordinances, with no conditions
remaining unsatisfied. Mortgagor shall furnish evidence satisfactory to Mortgagee that the
Remaining Property complies with all applicable building, zoning and similar laws and
ordinances, including without limitation those concerning building setback, lot coverage,
utilities and parking requirements.
(e) Such access and utility easements are r.eserved in favor of the
Remaining Property as Mortgagee believes is necessary or desirable to provide sufficient
parking, access and utilities to the Remaining Property. No such easement shall be subject
to any prior lien. All easements shall be permanent and contain agreements for
maintenance and cost sharing that are satisfactory to Mortgagee.
Agreement 020403
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(f) Mortgagor shall provide to Mortgagee, at Mortgagor's expense, an
endorsement to Mortgagee's policy of title insurance insuring the continued priority of the
lien of this Mortgage against the Remaining Property, and such other endorsements as
Mortgagee may deem necessary or desirable. There shall be no exceptions to title other
than those previously approved by Mortgagee.
(g) There is then no uncured event of default, nor any event or condition
which would be an event of default if not cured within the time allowed.
(h) Mortgagor pays all costs and expenses (including all attorney, title and
recording fees) incurred by Mortgagee in connection with Mortgagor's request for a partial
release under this Mortgage. Mortgagor covenants to pay all such costs and expenses even
if the partial release is not given because the conditions have not been met.
IN WITNESS WHEREOF, Mortgagor has duly signed, sealed and executed this
instrument in the presence of the subscribing witnesses the day and year first aforesaid.
WITNESSES:
CLEARWATER VILLAGE L.C., a Florida
limited liability company
Signature
By:
Print Name:
As:
Print name
Signature
Print name
STATE OF
COUNTY OF
The foregoing instrument
, 2003, by
a Florida limited liability company,
known to me OR D has produced
was acknowledged before me this _ day of
as of CLEARWATER VILLAGE LLC,
on behalf of the company. He/She D is personally
as identification.
.,
Notary Public
Print name:
My commission expires:
Agreement 020403
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Exhibit "A" - Legal Description of Property
Exhibit "8" - Note
..
Agreement 020403
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FLS2003-07031
100 N MARTIN LUTHER KING
Date Received: 7/16/2003
DOWNTOWN LOFTS
ZONING DISTRICT: D
LAND USE: CBD
ATLAS PAGE: 287A
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CL WCoverSheet
P!PLE JOHNSON CANTU & SCH~ ~CE'VED
Lawyers JUL 1 6 2003
25400 u.s. 19 NORTH, SUITE 152
CLEARWATER, FLORIDA 33763 PLANN!NG DEPARTMENT
FAX: (727) 726-9272 EFAX: (425) 671-0583 CITY OF CLEARWATER
PHONE: (727) 724-0100
www.pjcs.com
Amber Williams
a williams@oics.com
Washington Office
1218 Third Avenue, Suite 1900
. Seattle, Washington 98101
Phone: (206) 625-1711 Fax: (206) 625-1627
Paris, France Office
15 rue du Puits de l'Ermite
75005 Paris
France
Phone: (206) 344-2654
April 3, 2003
Via Federal Express
Joseph R. Cianfrone, P.A.
Joseph R. Cianfrone
1968 Bayshore Blvd
Dunedin, FL 34698
Re: Clearwater Village LC Proposed Purchase from Trust for Rehabilitation
and Nurturing Youth and Families, Inc.
Dear Mr. Cianfrone:
Pursuant to Section 2.1 of the Contract, enclosed please find a copy of the
title commitment along with all applicable documents. By copy of this letter, I am
forwarding a copy of same to Mr. Fischler.
If you have any questions, please call.
Very truly yours,
~~
Amber F. Williams
Encl.
cc: Lew Friedland (viae-mail; wlo encl)
Ido Fischler (via Federal Express wI encl.)
[Clanfrone Letter 040303.docl
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o
I~sUE~ BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
Commonwealth
A LANOAMERlCA COMPANY
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a
, valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever fIrst occurs, provided that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto afflXed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized Officer or Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretary
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By:
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Attest: IL C4~/J<. ~
American Land TItle Association Commitment - 1966
Face Page ' ,
Form 1004-2178
Valid only if Schedules A and B and Cover are attached
ORIGINAL
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e
.
Pepple Johnson Cantu & Schmidt PLLC
25400 US 19 North
Suite 152
Clearwater FL 33763
(727) 724-0100
FAX: (727) 726-9272
Commonwealth Land Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Order No: 41158883CA
Customer Reference No: trust.clearvillage
Effective Date: March 20,2003 at 8:00 a.m.
1. Policy or Policies to be issued:
a). ALTA Owner's Policy (10/17/1992) with Florida Modifications
CLEARWATER VILLAGE, L.C., a Florida limited liability
Proposed Insured:
company
Amount of
Insurance:
$1,000,000.00
b). AL T A Loan Policy (10/17/1992) with Florida Modifications
Proposed TRUST FOR REHABILITATION AND NURTURING YOUTH
Insured: AND FAMILIES, INC., a Florida not-for-profit corporation
Amount of
Insurance:
$750,000.00
2. The estate or interest in the land described or referred to in this Schedule and covered herein is a
Fee Simple and title thereto is at the effective date hereof vested in:
TRUST FOR REHABILITATION AND NURTURING YOUTH AND FAMILIES, INC., a
Florida not for profit corporation
3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part
hereof. .
COWltersigned:
By:.~6i>J~
Authorized Officer or Agent
This Commitment is invalid unless the insuring provisions and Schedules A and B are attached.
p.,~" , "'(' c:
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.
.
Order No: 41158883CA
Reference No: trust.clearvillage
Schedule B Section 1
Requirements
The following are requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate
or interest to be insured.
2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for
record.
A. Quit Claim Deed(s) from GEORGE A. ROUTH and ROBERT N. LEHMANN to TRUST
FOR REHABILITATION AND NURTURING YOUTH AND FAMILIES, INC., a Florida
not-for-profit corporation. Note: Said grantors took title to the insured premises in their
individual capacities by Warranty Deed recorded in O.R. 4278, page 901 and conveyed out
as "constructive trustees for the estate of Robert E. Lehmann, deceased", and not in their
individual capacities, by Quit Claim Deed recorded in O.R. 4758, page 1468.
B. Quit Claim Deed from a majority of the surviving directors, as Trustees, of LEHMANN
PROPERTIES, INC., a dissolved Florida corporation to TRUST FOR REHABILITATION
AND NURTURING YOUTH AND FAMILIES, INC., a Florida not-for-profit corporation,
to release any interest said corporation may have in the insured premises by virtue of the
Warranty Deed recorded in O.R. 3969, page 972, which conveyed the insured premises and
other lands. An Affidavit of the trustees stating that they are duly qualified to act as the
trustees and that they constitute a majority of the trustees now existing should be attached to
the deed.
C. Duly authorized Warranty Deed from TRUST FOR REHABILITATION AND
NURTURING YOUTH AND FAMILIES, INC., a Florida not-for-profit corporation to
CLEARWATER VILLAGE, L.C., a Florida limited liability company.
D. Duly authorized Mortgage from CLEARWATER VILLAGE, L.C., a Florida limited
liability company to TRUST FOR REHABILITATION AND NURTURING YOUTH
.AND FAMILIES, INC., a Florida not-for-profit corporation.
3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which
are due and payable.
4. Secure and record proof that the property which is the subject of the Lease in favor of Bell South
Mobility, Inc., a short form of which was recorded in Official Records Book 10693, page 94,
Pinellas County Records, does not affect the insured premises. Said proof should specify what
propertY said lease does affect.
S. Secure proof that all bills, liens and assessments which may be due the CITY OF
CLEARWATER have been paid. .
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6. Secure and record an Affidavit by JAMES P. GILLS, identifying the name of the Trust under
which he took title to the insured premises and other lands by deed recorded in Official Records
Book 9951, page 2382, Pinellas County Records; and secure and record a Memorandum of said
Trust which confirms the authority of said trustee to execute the conveyance to TRUST FOR
REHABILITATION AND NURTURING YOUTH AND FAMILIES, INC., a Florida not-for-
profit corporation recorded in Official Records Book 10769, page 2014.
7. Present for examination a certified copy of the articles of organization and regulations of
CLEARWATER VILLAGE, L.C., together with any amendments or modifications thereto,
certified by the Dept. of State. The Company reserves the right to make additional requirements or
exceptions upon review of the documentation produced in compliance with this requirement.
Pl'lO'p. i of'i
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.
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Order No: 41158883CA
Reference No: trust.clearvillage
Schedule B Section 2
Exceptions
. The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date the
proposed insured acquires for value of record the estate or interest or mortgage thereon covered by
this Commitment.
2. Easements or claims of easements not shown by the Public Records, boundary line disputes,
overlaps, encroachments, and any matters not of record which would be disclosed by an accurate
survey and inspection of the p'remises.
3. Rights of parties in possession, other than the record owner.
4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
5. Taxes and assessments for the year 2003 and subsequent years. (Note: Taxes for the year 2002
were paid in the Gross Amount of$12,925.29 under Tax Parcel No. 15/29/15/53928/002/0010)
6. Rights oftenant(s) in possession, if any, under lease(s) not recorded in the Public Records.
NOTE: All recording references in this commitment/policy shall refer to the Public Records of Pin ell as
County, Florida, unless otherwise noted.
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured
hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving
complaints, by contacting the Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL
32801 Telephone 407~481-8181.
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ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE \.
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Commonwealth
A LANDAMERICA COMPANY
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendmen t shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c).to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed fOr and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are
made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
American Land Title Association Commitment. 1966
Cover Page'
Form 1 004-121
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Order No: 41158883CA
Reference No: trust.clearvillage
Exhibit "A"
Lots 1 through 6 inclusive, Block 2, R. J. BOOTH SUBDivISION, according to the plat thereof
, recorded in piat Book 9, page 22, Public Records of Pine lIas County, Florida; and Lots 1 through 10
inclusive, Block 2, MRS. SARAH McMULLEN'S SUBDMSION, according to the plat thereof
recorded in Plat Book 1, page 41, Public Records of Pine lIas County, Florida;
LESS AND EXCEPT the South 10 feet of Lots 6, 7, 8, 9 and 10, Block 2, of said MRS. SARAH
McMULLEN'S SUBDMSION; and the South 10 feet of Lot 6, Block 2,ofsaid R. J. BOOTH
SUBDMSION; and the East 10 feet of Lots 1 and 10, Block 2 of said MRS. SARAH McMULLEN'S
SUBDIVISION, conveyed to the City of Clearwater for right-of-way purposes by deed recorded in,
Official Records Book 4138, page 116, Pinellas CountY Records.
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99-" 19717 CEC-29-1999 !: 12,."
PJNE~~RS CO 8K 10769 PO 201..
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IG AMi - '17T1molhy A. Johnson. Jr.. Esquire
JohIllOf1. Blakely, Pope, Bokor,
Ruppel & Bums. P A.
P. O. Box 1388
Clearwater. FL 34817-1368
i'
TRUSTEE'S DEED
THIS INDENTURE Is made on December 29, 1999, between JAMES P. GIUS,
AS TRUSTEE, with full power and authority to sell. convey. and grant and encumber
both the legal and beneficial Interest In the real estate described herein rGrantot'),
whose mailing address is P. O. Box 1608. Tarpon Springs, Florida 34688-1608. and
TRUST FOR REHABILITATION AND NURTURING YOUTH AND FAMILIES, INC.. a
Florida not for profit corporation rGrantee-). whose mailing address Is P. O. Box 1608.
Tarpon Springs, Florida 34688-1608.
WIT N E SSE T H:
Grantor. for and In consideration C?f Ten Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid; the receipt and sufficiency of which are
hereby acknowledged, does hereby grant, bargain, sell, convey, transfer and assign to
Grantee. and Grantee's successors and assigns forever, the following described land
situated in Pinel/as County, Florida:
SEE EXHIBIT -A- ATTACHED HERETO AND
INCORPORATED HEREIN.
. SUBJECT to applicable land use and zoning restrictions and
to easements, reservations and restrictions of record, if any.
which are specifically not reimposed or extended hereby,
and to taxes for the year 2000 and subsequent years.
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9scription: Pine11as,PL Document-Book.Page 10769.2014 Page: 1 o~ 6
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PINEL~AI COUNTY rL~.
Orr.REC.8K 10789 PO 2015
TO HAVE and to hold the same In fee simple forever.
The tax parcel numbers for the aforedescr1bed property are 15-29-15-03060-001-
0010, 15-29-15-03060-002-0090. 15-29-15-03060-002-0010 and 15-29-15-56052-000-
0080. The tax Identification number for the Grantee Is (aDD/led for)
,
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THIS DEED WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH.
THIS IS A CONVEYANCE OF UNENCUMBERED REAl TV AS A GIFT.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal
the day and year first above written.
Signed, sealed and delivered
In the presence of:
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Print name
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Sislnature
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PINE~~AS COUNTY rLA.
Orr,~EC.8K 10?!9 PO 2016
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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My Commission Expires:
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1203150 vl - GIIaIOeed to Trust for Rehab Youth & F..,...
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FRANCES M AJSAv.S
I ,c'l'l' AllY I'UBLIC srATU~' F1.ORJDA
; CO\lMISSION NO. CCS7U114
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PARCEL A:
EXHIBIT.A
LEGAL DESCRIPTION
Page 1 of 3
.
PINELLRS COUNTY rLA.
Orr.AEC,BK 101&9 PQ 2017
Lots 1 thru 14 inclusive, Lot 15, less the East 23.0 teet
thereot, all in Block "Aft, BASSEDENA SUBDIVISION as recorded in
Plat Book 6, Page 26 of the public records ot Pinellas County,
Florida. LESS the West 10.0 feet of said Lot 1, deeded to the
City of Clearwater tor right-at-way purposes,
tots 1, 2, 10 and that part of Lots 3 and 4 which lie West ot a
Southerly extent ion ot the Westerly line of the Easterly 23.0
feet of Lot le, Block "An, (of BASSEDENA SUBDIVISION as recorded
in Plat Book 6, Page 26, public records of Pinellas County,
Florida), LESS the East 23.0 teet of said Lot 4 thereof, all in
B.A. KILGORE'S SUBDIVISION as recorded in Plat Book 3, Page ~8,
public records of Pinellas County, Plorida.
Vacated portion of NE Cleveland Street (66.0 feet width)
described as follows: That portion lying between Blocks "A" and
"B" of BASSEDENA SUBDIVISION as recorded in Plat Book 6, Page 26,
pUblic records of Pinellas County, Florida, being more
particularly described as tallows: From the most Easterly corner
of Lot 2&, at said Block "B", BASSEDENA SOBDIVISION, said corner
being on the Northwesterly Right-at-Way Line of NE Cleveland .
Street, run thence South S80 21' 00" West, along said
Northwesterly Right-at-Way Line, SO.O teet: thence continue,
along said Right-Of-Way Line, South 51000 I 30" West, 41.58 feet
to the Point of Beginning: thence run South 840 10 I 09" East,
99.84 feet to a point on the Southeasterly RIiht-of-~ay Line cf
said NE Cleveland Street: thence run South S8 21'00" West, along
said Southeasterly Right-ot-Way Line, 33.81 teet: thence
continue, along said Southeasterly Right-at-Way Line, South Slo
00'30" West, 310.43 teet to a point, said point being on the
Southerly extentIon of a line lying 10.0 teet East of the East
Right-at-Way Line of Greenwood Avenue as shown adjacent to Block
"B" of said BASSEDENA SUBDIVISION; thence run North 00012'00"
West, along a line 10.0 teet East of a parallel to the Southerly
extention of the East Right-of-Way Line of Greenwood Avenue as
shown on Said Block "B", 84.68 teet to the Northwesterl" Right-
of-Way Line of HE Cleveland Street: thence run North S 1 00' 30"
East, along said Right-at-Way Line, 220.09 teet to the Point at
Beginning. Said portion to be retaIned as a Drainage and Utility
Easement.
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escription: Pinellas,FL Document-Book.Page 10769.2014 Page: 4 o~ 6
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EXHIBIT,A
PINELL~S COUNTY rLR
Orr.RtC.BK 10169 ~G 2018
LEGAL DESCRIPTION
Page 2 of 3
PARCEL 8
Late 9 thru 25 inclusive and that part at Lot ~O descrlbed as
tallows: Begin at the moet southerly corner ot s.ld Lot SO tor
the Point ot Beg1nning; thence run North, along the West line ot
said Lot SO, to the Northeast corner at said Lot 9: thence East,
along the Ea8terly extentlon ot the North I1ne ot said Lot 9 to
the Northerly 11ne ot 8ald Lot 24; thence southwesterly, along
the Northerly 11ne ot said Lot 24, to the Point of Beglnning, all
1n Block "B", BASSIDEKA SUBDIVISION, as record.d in Plat Book 6,
Page 26, public records ot Pinellas County, Florida, LESS the
tollowing d~scrlbed tract: Begin at the Northwest corner ot said
Lot 11 tor the Point of Beginning: thence run South 42019'40"
last, 14.91 teet: thence South 84010'09" East, 248.03 feet to
the moet lasterly corner ot said Lot 25, 8aid corner being on the
Northwesterly Right-at-Way Line ot NE. Cleveland Street: thence
South &8027'00" West, along said Northwesterly Right-ot-Way
Line, 50.0 teet: thence continue, along 8aid Right-ot-Way Line,
South &1000' 30" West, 41. 58 teet: thence North 840 10' 09" West,
152.50 teet: thence South 470 48'5S" West, 26.76 teet to a point
10.0 teet East ot the East Right-ot-Way ~ine of Greenwood Avenue:
thence South 00012'00" East, along a line at 10.0 feet East at
and parallel to the East Line of Greenwood Avenue, 136.01 teet to
the Northwesterly Right-at-way Line ot HE. Cleveland Street: .
thence South 51000'30" West, along the Northwesterly Right-ot-
Way at NE Cleveland Street. 12.83 feet to the East Right-at-way
Line at Greenwood Avenue: thence Harth 000 12 · 00" West, along the
East Line ot Greenwood Avenue. 235.10 feet to the Point ot
Beginning. (por Right-ot-Way purposes tor Realignment at HI
Cleveland Street and tor wide~ing ot Greenwood Avenue.)
PARCEL C:
Lots 1 through 4, Lots 48.and 49. Block B, BASSEDENA SUBDIVISION,
as recorded with the Clerk at the Circuit Court of Pinella.
County, Florida.
PARCEL D:
Lots 8, 9 and North 32 teet ot Lot 10, and all of Lots 11 and 12,
Mattison Square, as recorded with the clerk ot the Circuit Court
ot Pinellas County, Florida.
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EXHIBIT.A
. .
PINELLAS COUNTY rLA.
Orr.RtC.BK 10769 PG 2019
tEGAL DESCRIPTION
Page 3 of 3
PARCEL E:
The Horth 282.5 teet ot the East 50 teet of Block 5 according to
the plat of Sarah McMullen's Subdivision recorded in Plat Book 1
on page 41 of the pUblic records of Pinella. County, Plorida:
together with all that part of the West 90 teet of the East 110
teet of the Northwest 1/4 of the Northwest 1/4 of Section 15,
Township 29 South: Range 1& East: which lies between Eastwardly
projections ot the Horth and South boundaries ot the part of sa1d
Block e thus derined.
The overall dimensions of the plot of land 80 formed,
being 282.& feet North and South, by 140 feet East and W.s~: are
SUB3ECT, HOWEVER, to presently exi.t~ng occupancy by the City of
Clearwater, Florida, of any part or parts of said plot along its
Horth, East and South boundaries which may be within the rights
of way or publie thoroughfares known as Cleveland Street,
Greenwood Avenue, and Park Street. Such occupaney, where found,
ha. existed for more than 20 years without actual conveyance of
title.
PARCEL F:
Lots 1 thru 6 inclusive, Block 2, R. J. BOOTH'S SUBDIVISION, /
Plat Book 9, paqe 22, public records of Pinellas County,
Florida; AND Lots 1 thru 10 inclusive, Block 2, SARAH
McMU~LEN'S SUBDIVISION, accordinq to the ~p or plat
thereof as recorded in Plat Book 1, Page 41, Public
Records of Pinellas County, Florida;
LESS
The South 10' of Lots 6, 7, 8, 9 and 10, Block 2,
SARAH K~MULLEN'S SUBDIVISION; the South 10' of Lot 6,
Block 2, R. J. BOOTH'S SUBDIVISION; and the East 10 feet
of Lots 1 and 10, Block 2, SARAH McMULLEN'S SUBDIVISION
to the City of Clearwater, 9iven for ri9ht-of-way
purposes.
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Descr1pt1on: P1nellas,PL Document-Book.Page 10769.2014
Order: 8883 Comment: Page: 6 o~ 6
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RE~STATE TAX
RE ITEM NO' RE tlhCEL NO
?P ITEM NO PP ACCOUNT NO
~CTION: PASSWORD:
(A)ADD (C) CHANGE (D) DELETE (P)PRINT
rHIS RECORD FOR INQUIRY ONLY
~ORR#
\fX
-IX
QX/DX
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2002~ CURRENT-YR RE
12666.78 12796.04 12925.29
JAN FEB MAR
CODE
12408.28 12537.53
CWO NOV DEC
532,100 NOTE CODE
TAXABLE
EXEMPTED
ASSESSED
532,100
o
532,100
PLAT 001 PAGE 041
'MCMULLEN'S, SARAH SUB
BLK 2, LOTS 1 THRU 10 INCL
BOOTH'S,R.J. SUB
BLK 2, LOTS 1 THRU 6 INCL
LESS RD R/W'S
2)
~E
PAID 11 - 27 - 02
TRANSFER
063649 - 8
13313.05
APR
02 - 019309
VALIDATED AMT 12,408.28
I PARCEL NO 15/29/15/53928/002/0010
NAME1~RUST FOR REHABILITATION &
NAME 2 NURTURING YOUTH & FAMILIES INC
ADDR1 PO BOX 1608
ADDR2
CITY
CNTRY
TARPON SPRINGS
I.. :. ._0-
... - ----..--
. -------- -.- -... ,. ~
ST FL
ZIP 34688-1608
~ PROPERTY APPRAISER ~
REAL ESTATE OWNER FILE
ENTER RE PARCEL NO. / / / / /
ENTER X TO PRINT RECORD
XFER=
PARCEL NO. 15/29/15/53928/002/0010
TRUST FOR REHABILITATION &
NURTURING YOUTH & FAMILIES INC
PO BOX 1608
TARPON SPRINGS FL
TAX DIST CWD
DLQNT STAT
AX
NX 532,100
FLAT TAX
HIX
PROPERTY ADDRESS:
SITE ADDRESS NOT AVAILABLE
BOOK 10769
ZIP 34688-1608
USE 000 ESCROW FIRE
LAND AMT
PROPERTY
IMPR AMT
HX WX
ASSESSED VALUE 532,100
.00 LAND CODE 10 NOTE CODE
MCMULLEN'S, SARAH
BOOTH'S,R.J. SUB
LESS RD R/W'S
HNX
SUB
.)
PAGE 2014
DIST CW EXEMPT STAT
532,100
DX
MARKET VALUE
TAX AMOUNT
BLK 2,
BLK 2,
o
TX
532,100
12,925.29
LOTS 1 THRU 10 INCL
LOTS 1 THRU 6 INCL
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FORM 110.
WU"'TT D"D.(<..""." r.,m.) 7'lU.(;(1229
~~ :...~~ ~ ~ :_H~~";T"":':~: ~..:.no:~~ : _=.:~ ::: ~~~,:
mhi~ InJbrtwtmtrrl~\
Prepared by:
8. Edwin Jonnson
1960 E. Druid Rd.
Clear'.-;ater. FJ..
3351(,
v.i.4138 fAGE 116
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McMULLEN
Pub Ii c
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'Si'~~~>>.i~ M;~,ij:.(o;,,-, .~- .,' ",:-<:~',j~.f.;I;1.~;;:,<.,,:;;N;~?~;~;i',\iJ;"';:~":':.~"'"
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;,;,:;",.thE:f.C1ryOFCLEARWATER. FLORIDA, a municipal corporation. .
. th~Co1(.7i.h.T~/,'i:;>;pinenas.. ". in the State of. Florida,' P.O.Box 4748
. of the ,. second part; \(::,':".:, -;j .,' "P.,.;;;;".:;Y\'::-'~:;~~i'\i...',~~~}eaX"tla. tp.r ,F la .
,_';" .. _, ,.:,"J.'~(;J:~t1J thdt":tA~i~~:'iit'lI;~~tyi~/'th~\ft;;?;;'~'t:;' ~~:d~~"t~~~)t,.~~;t;tii~d ..,.,~
. . . :~tl~l"~~<f';:':. 'tMsun~of One Dollar and other good and valuab~ consideratlonDhWi:.fr:"
:'i.;c~..:;(';/:"~~' . ~ ~,-.. to him in hand paid by the said party of the. second part, tM receipt whereof i3 hereby
>;::~~::';~:~:;~r::~' !f"'I~T~';~ ac.kiio~zedied.h~~ panted, oor1ained .and sol~ ta t~ said,lJart!l o(.~he.seconc~ pa;t
," g:.:i: ~a ~M:~ hl.3 hetrs and ass~ins (orever, the follollnnj rle,ycnbed t.and, sttuate l1l~ni and bemj Ln,,"
~'rl- (})O ::;:....~; tM County of Pine 11 as, Sta.te of
, ~.~':.,...,c;.~I!\I~!,!1 Florida,. to wit: '
'rl*f~~,t1r':t~. The South 10.0 feet of Lots 6, 1. 3. 9 ~nd 10, Block "2" of SARAH
'. ~~';;~iift'?l~~:~~ McMU~LEN SUBDIVISIO~ as recorded in Pla~ Book I: Page 41, of ~he
,.:.~. ~r.~n~~J~.r:;;1 Public Records of Plnellas County. Florida. (R(ght-of-way for
+~.><.., .; Lau ra St.)
1:?~"4iE1~'~:I AND
l:T~~T:~~; The SOllth 10:0 feet of Lo~ 6, 131o~k "2", of R. .I: BOOTH SUBDIVISION,
'~;:'~'~D'i;~;~::i; as recorded ~n Plat Book ':J. Pcl<J'" (L, of the Public Records of Pinellas
J.Yi3,.~...'''''''':''-'l:' Count,. Florida. (Right-of-,tlill for Lauro St.)
t::r;:o\{r~-::,:,.II~".1 AND
.-;..'.:.P:,!:.:o',.::..>;. The East 100 feet of Lots I and 10 310ck "2". of SARA
~~f:~:....itf'l'('-.~ SUBDIVISIOt~'as recorded in Plat Book I. Puge 41, of the
,~?12:J(~~e:.~~ Records of Pinellas Count", ~loridu. (Right-of-wa., for
.,\:.,.: %',a: . Avenue)
.....~u< '~'/O"~ ~...;:;
~<:,'~.:;'i::I~.'?: This Deed IS <Jivcn I'or ci,lI' -of'wa'l purposes.
~:. :.:;;-:::""j
t{~~~i! ffB 19 3 52 PH '7~
~". S r ~ z .[ C .'1.nd the said part!! of the first part dOf..S herr.?!J /ltll!lll'flrmnt the title to sllid lam!.,
:....".. H)f<lO~ anclwill ddimcl the same (tQ'(tinst (..e lauf/ll claims a/all Jlf'rso,;s lI'hollLsoel'cr.
~';:'~'0~~rp~~!~,-::;.: 3" iaibuJUI J:!fl~d., t~,f' said part!! of the lir;;t part ha,~ hereunto set his
: . . hand and seal the day a. d year It/wt abol'e l/,!.nttp.[l.C '
, . '" T HE~HOO L {JA 0 OF P I ~ E.L LA S COUNT YI
)li~lT) e-l'lrl~?::. an.1!~rllttr rtbt1. .(9\1r llrrllrnrr: F L 0.)3 '. . /' ~/i .
,~---:;. ~~.,c.<.~: ~/:J!-:/;,,/L..-:::_ ., .VvU r!lf-!_ _ ! ?IJQ:<, _.._ _.' . ~";'~"'" .' :~_
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~tat2 of ]flotiuu 1 ~. i~r,;i,~'::''''>(<-''>W~~<~;!;,
--QlOltllty o! Pine 11 a s J :: t ~ "X.
J -iltrthg Qlrrttfg That on Ihis day l'er..nnnlly ([/i/lel/re.11 before me, an ~. ~ ~ ;:,..~,.'*;"
officer duly authorized to administer ol/th.~ ,wd I ala, ackl/olded;1menls, ::. v ~
REV. ARTHUR L. ALBERS and GUS SAKKIS, Chairman and Ex.officio Secre.-;..:'"5G
tary, respectively .> ~
.to me well known and known to me to be the indiuidlwts describe.d in alLd who'-:: u
~.e.;t~ted the fore~oin~ deed, and they ackllvwledded before me t.hat
.~' u (A;{ ....( : executed the same freely alld l'oluntarily for tile pltrpo.Yes therein expressed.
...' I' "'~ltnrJUI my hand and ofllcial.,eal at ,Clearwater , _u_
~. i~. "r::rlJ1:..tl!loO( Pine 11 as, and State ofJi?onda, thiS /.-:J-
aa}/ of . February , A. D. 19 ;4. \
.f". " " .: I
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l,J,fy' ~minion .ErpiNJ6UJJ.U.!...__._ ,-
. MY C'1".."gl(;N r'f"I~.r~t "L'r. I, 1?11 .;Votarll Public
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This instrument prepared by:
RETURN TO.
J Holland & Knight LLP
400 North Ashley Drive
Suite 2300
i.. \ Tampa, Florida 33602
BAR # 4-10.567.2
TOTfi.:
P am< 00' .lE1mf.D:
am'
BY -L rEroJV llW:
99-339102 OCT-IS-ISSS 2:15P11
PINtLLAS CO BK 10693 PG 84
IEl1f.lal1lll1l1l11
SHORT FORMfMEMORANDUM OF LEASE
119.00
$19.51
$,00
This Short Form1Memoni.ndum of Lease dated , 1999, evidences a lease
agreement together with all amendments and modifications thereto, if any (the "Lease',
between Steven R. Erickson, Property Manager, as duly authorized &gent of James P. GillB,
Trustee (the "Lessor"). whose mailing address is as stated below, and BellSouth Mobility Inc. a
Georgia corporation (the "Tenantj, whose mailing address is as stated below, dated February
19, 1998, pertaining to a rooftop site on the Lessor's real property located in PineDas COWlty,
Florida, and rights of accesa to the rooftop site for ingress and egress and for utilities, which
rooftop site and rights of access are collectively referred to 8.8 the "Property." The Property is
described on Exhibit 1 which is attached hereto.
I
Lessor leases the Property to TeI1J.Ult in accordance with the terms and conditions of the
Lease, which are hereby incorporated by reference. The Lease provides for an initial term of 7
years following the CDnclusion of the investigation period with an option to extend for up to four
(4) terms of five (5) years.
WITNESSES:
PAGES ...!i:-
ACCT
REC~
OR219
DS-
INT-
FEES -..-
MTF-
P.'C-'.
REV =.:
TENANT:
BELLSOUTH MOBILITY INC, a Georgia
CDrporati:: I
By: UI~'
Name: A. J.~a/il;llt,
Title: G /1( ~ fj: ~ If ':,
Date: /(i 1'1__'1
BellSouth Mobility me
5201 Congress Avenue
Boca Raton. FL 33487
Attn: Network Real Estate Manarer
TOTAL fEC:t)
. ;....: 'CK SAt
..1 CHGAMT~
........ '.' 'T rl.~.~....."f.:,I'... ....~!':!IIJl
. . .,. J ' I" . ~
.; . '~.~".. . '. J
'l!~r,~~.r. .;.. ~.I......
""::'~M~~4:;"'," .:.......
~...'1I~;~.':I. "~" ,', .r: . .
3scription: Pine11aB,PL Document-Book,Page 10693.94 Page: 1 of 4
:der: cindY30 Comment:
."'T
'.
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PINtLLRS COUNTY r~R.
Orr.RtC.BK lC693 PG S~
STATE OF FL<?RTI:lA
COUNl'YO~ 4.J.:1J-;;J,1Jf:1)~jll .
. The ~reJoini instrument was acknoYfled$}d. before me this!!: day of t(' IJ h.'/~
lfi/!l. by fl.., L. T~"OI1f~ . as (;/k I; n . ~Y~f BellSouth ~obili~ In.c. He/she is
( personallY. ~~~e~ has produced . ..it. '- ~ ~dentification.
My CommlSlilon ExplIes: 5" 15ft;;. ~,.4.2 7 ,L.o
I I
Notary Public
LESSOR:
STEVEN R. ERICKSON, Property
Manager, as duly authorized agent of
:~~
Name: ~v. - ..~
Title: t'kPo!..,...., fl1/1""A<;.~)IL
Date: /c/yl'n
, ,
Landlord's Address:
clo Gills Charitable Remainder
1100 Cleveland Street
Clearwater, Florida 34615
STATE OF FLORIDA
COllNl'YOF 11- ~
L& The forego~ inalrument was acknowledged before me this f day of ~ .
1!Tll. b~~GU .6kJ<SWProperty Manager, as yauthorized en of James P. Gills,
Trustee. H~ is personally known to me ail
identification. %/ .in /J
MYCAmm_E<p_~
." '.v,
(Notary Seal) ;'i'~ =.~~~~~un
E.......,.DI.~
~ .l
't" 1\'
2
(Notary Seal)
WITNESSES:
TPAI mOl79'il
. .:.. .
'. .
V:,.,,,;.
.r. ,., 0'. ,r
'scription: Pinellas,'L Document-Book.Page 10693.94 Page: 2 of 4
:dar: cindv30 Comment:.
-
... .
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.
.EXI:lmIT "I"
.
P INEI.I.AS COUNTY F"LA.
orr .REC .SK 10693 PG as
(Legal Description of Leased Area)
(page 1 of 2)
BELLSOUTH MOBILITY
LEASE AREA: DESCRIPTION
FOR A POINT OF REFERENCE, COUMENCE
AT THE SOUTHWEST CORNER or THE
ONE STORY PENTHOUSE;
THENCE S OO'OO'oo"E 4.69 FEET:
THENCE N 90'00'oo"E 30.<40 FEET:
TO A POINT OF BEGINNING:
THENCE N 90'00'00"[ 20.35 FEET;
THENCE S 00'00'00"[ 20.75 FEET;
THENCE S 90'OO'OO"W 20.35 FEET:
THENCE N OO'OO'OO"W 20.75 FEET;
TO THE POINT OF BEGltINING;
SJlJD LEASE AReA. CONTAINING 422
SQUARE FEET, MORE OR LESS.
EASEMENT: DESCRIPTION
AN EASf.r,lENT rOR ACCESS!. CONSTRuc'nON,
OPERATION AND MAlNlENANCt. OF FACIUTIES AND
UTILITIES RELATED TO A TELECOMMUNICATIONS
f'ACIUTES.
FOR A POINT OF REFERENCE, COMMENCE
AT ThE SOUTHWEST CORNER OF THE
ONE STORY PENTHOUSE;
THENCE N OO'OO'OO"v/ 20.11 FEET
TO A POINT OF BEGINNING;
THEltCE N OO'OO'OO"W 5.00 FEET:
THENCE 5 90'OO'OO"W 9.54 FEET:
THENCE: S OO'OO'oo"E 56.05 FEET:
THENCE N 90'00'00"E 32.41 FEET'
THENCE S 21r26'13"W 3.92 FEd;
THENCE S 90'00'OO"W 3.11 FEET'
THENCE S 44'5~'13"E 19.82 FEET;'
THENCE N 44'57'33"E 19.84 FEET:
THENCE S 1l0'00'OO"W 11.50 FEET;
THENCE N 28'20'13"E 6.76 FEET;
THENCE N 90'00'OO"E 26.11 FEET'
THENCE N OO'OO'OO"W <40.55 FEd
THENCE S 00'00'00""' 2..25 FEET;
THENCE N OO'OO'OO"W 24.29 FEET:
THENCE S 90'00'00,,", 52.77 FEET;
THENCE S Woo'OO"E 2.50 FEEl'
THENCE N iO'oo'OO"E 48.17 FEET:
THENCE S OO'oo'OO"E 13.56 FEET;
THENCE S 4TOO'39"W 18.68 FEET;
THENCE S 90'OO'00"W 2.13 FEET'
THElleE S oO'oo'OO"E 12.29 FEET:
THENCE N 90'00'OOO[ 19.65 FEET;
THENCE S 00'00'00"[ 20.75 FUT;
THENCE S 90'00'00"W 20..15 FEET;
THENCE N OO'OO'oo"W 8.40 FEET'
THENCE 5 28'2S'U"W 10.12 FEET:
THENCE 5 90'OO'OO"W 30.12 FEET,
THENCE II OO'OO'OO.W 4Ei.05 FEET;
THENCE t4 90'00'OO"E 4.504 FEET'
TO THE POlttl OF BECINNING; .
HAVING A LOWER UWT AT ELEVATION 3
184,77 FEET', NATIONAl. 0[00011: VERTICAL
OATUU f)F l11,q, CONT^,N~~ 14GO
SQU41"( JFf', LI~IlE OR f.rS!oi
LEASE AREA UHE TABLE:
LINE
1.1
L2
L3
L4
L.5
L6
BfARt~v
S 00'00 OO"E
N 90'00'00"[
N 90'00'00"E
5 OO'OO'OOoE
S 90'OO'OO"W
N OO'OO'OO"W
DISTANCE
4.69'
30.<40'
20.35'
20.75'
20.35'
20.75'
',' ,
EASEMENT UHE TABLE:
LINE BrARlNG DISTANCE
L7 N OO'OO'OO"W 20.11'
La N QO'OO'Oo"W 5.00'
~ S 90'OO'oo"w 9.S4'
L 10 S OO'oo'oo"E 56.05'
L 11 N 9r!OO'OO"E 32.41'
L12 5 28'26'1JiY 3.92'
L 13 S 90'OO'00"W 13.11'
L14 S 44'55'130E 19.82'
L1S N 44'57'33"[ 19.84'
l! 6 5 90'00'00'W 11.:50'
L17 N 28'28'13"[ 6.76'
L 18 N 90'00'OOO[ 26.11 '
Ug N 00'00'00"W 40.55'
L20 S 90'00'OO"W 2.25'
L21 N 00'00'00"", 24.29'
L22 S 90'00'00"W 52.77'
1.2J S 00'00'00"[ 2.50'
L204 N 90'(IO'000E 48.17'
W S OO'OO'ooO[ 13.56'
126 5 4700'J9"W 18.6S'
127 S 90'OO'OO'W 2.13'
128 S OO'oo'OO"E 12.29'
L29 N 90'00'OO"E 19.65'
l.30 S 00'00'00"( 20.75'
L31 S 90'00'OO"W 20.35'
L32 N OO'OO'oo"W 8,"0'
L33 S 28'2S'13'W 10.12'
L34 S 90'00'00"W .30.12'
L35 N OO'OO'OO"W 46.05'
L36 N 90'00'00"E 4.54'
INITrAL IIEIlE _9i- AI-
escription: Pinellas,'L Document-Book.Page 10693.94 Page: 3 of 4
rder: ~1"Av1n ~~mm."~.
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EXHIBIT "I"
PIHt~~Ra COUNTY fLR.
O~f.REC,eK 10693 PO 97
(Survey Sketch of Leased Area)
(page 3 of 2)
NORTH f'4CE:
.....
102.7'
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escription:"Pineilas,I'i, Document-Book.Page 10693.94 Page: 4 o~ 4
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75045i49
G, 1. 4278 PACE 901
"'AMrO I"O~Jrot 33
This tt1arranlll !}eed Marl. anel m,ul.rI II,. ~:!;!; Joy 0/ April A D. leiS by
The Board of PUblic Instruction for the CCtmty of Pinella:5, as Trustee for the
Boare ~f Trustees af ~hool District Nt..rnber Two of PineUas County N/KI A The School Board
a %,po~:i\o'!,s.~~~n~tYangJPTA~~aw. of Florida . and I,a"ing II. principal pla(', 0/
bus/n... 01 1960 East Druid Road, C1eun.ater, Florida 33516
h.~lncfl.. ('all.el,h, grantor, /a
George A. Routh and Robert N. Lelmmn
wha.. poI'olflc, arid".. I. 1446 Court Street, Clean.ater, Florida
~t,~:JH~"
'IHELUS CO., ORI~'
~............m
r,;'f-., ,..;r,......,. jIIl1IDf
33516
her.'nofl,r ('01l.J II.. g,onl,.:
Art I~ 3 S6 FH '75
(Wlw,""", ...,~ tw,..i. It.. 1et1N ,.."..,..... ud "wn"''''''' iNhu,," .11 ..... ,.".... .. .h" IN'"..... u4
.... Iwin. wcal ",""""tJid--n uct wi,.. of l.di,,~. alWt lh. ~ .... .-ic_ of ~u..)
ltfHl1tssdh: Thai II.. granlor, 'or and In candd.rallan 0' 11., lum a' S 10.00 and 0'1....
lJa/U4bl. coru,J"ollonJ. '1C,lpl whereo' u h",by ocIrnow/.Jg.J. b, 11..., p,...nl. dIU' gNlnl, bargain. ..u.
o/',n. ....mls'. "I.o.t.. conv.y and confirm unlo 11., g,onl... all tho' c.rioln land ,/luo', In Pinellas
Co'!!}", FIo~~o. ~I%:
:. <1< ;,rJ=r.:r.
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:.,,:- ~t .~~> :+.;
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Wo ~1I1111111
T09~ther wi/I, "II
wilt' appertainlllg.
10 'Haue and to l1old, ,liP ,om.. in I,'"~ ,im"l" /"".,..".
Lots 1 thru 6 inclusive, Block 2, R. J. OCOTII'S SUBDIVISION,
Plat BoOk 9, Page 22, public records of Pinellas County,
Florida; AND Lots 1 thru 10 inclusive, Block 2, SARAH
McMUl'.LJN'S SUBDIVISION, Plat J:cok 1, Page 41, public records
of Pinellas County, Florida;
LESS
The South 10 feet of Ints 6, 7, 8, 9 and 10, Block 2, SARAH
~k:."1ULLm'S SUBDlVISION; the South 10 feet of Lot 6, Block 2,
R. J. Eaml'S SUBDlVISION; and the E.1st 10 feet of Lots 1 and
10, Block 2, SARAH ~ULLIN'S SUBDIVISION to the City of
Cleurwater, given for right-of-way purposes.
,111' 1"fll'nlf'n/J. JIlJr('djlant~f1IJ (Jllll ()l'fJur/rfHHIC,'J
I/tl'rt'fo lH'/ofl{1lnn or In an)'.
Rnd Ih.. grantor '''''j./lY COPt'Iln,.l.' will. .Hlid (Iron I.'" ,1101 it ;3 [olL.fully H'lt",J 0/ !ald le1.'u/ In ,~.
..implr; 'hor if lint flflo,[ do/II (Inri Itlu'f"l flllIJI()ril~' III H.Il ntHI (.U'II'I'~ Jai,[ 1,IIHf; lllnt U lIP,,~/))' billy UJor~
rail'! lh~ tulf' 10 said laud ami will clr(r'1l1 ,J1ft ..omr nnoill..' ,/le" ItlU'!1I1 dninu u/ oll/wNons w/lom."'''I'f'r;
no,,} Ihnl ,,,iel. I"ntl iJ /... 0/ "II .lIcuml"allc....
::':!
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ri~!S-''',~, "\ DOCUMENTARY
'Z':.r:' flOr,I!)A \ SURTAX
. ~:~''i m 11'75'1..:~ \ 12 0 ~', 0 0 j
ttn... lIatN L...:.
.CO'PO'Art st>LI In Witness Whereof th. 11'01110' 1,0. ('OILJ.J th... p....n!. to
I 111' ....\"I.I'Il".,[ in iI., nom.., ami its C'f)l'purnlp spat to l,P hprPllnlo afllXPrl. by ils
~. ~. {"op.'r vfflf""'t tJ1Prf'unlo "[,,h. nlll/lo,,:rr{ rhr rlav Oriel yror (irst QQrwP ~rillf'"
/ ./ /} ~;/\ The Board of Public Instructlon for the
~~ COlnty of Plncllas, as Trustee for the
A TTES}~f1{ . s.,..,.,.. Board of Trustees of.. SchQOL.o.is.t:rk~.. .
/ t--.'umber T'M) 0 f PineJ.las County.
S'l/lIrrl ""I.tI 0"'/ ,[,./,,,,,<,/ I" II... I',r",,,cp of- ~ ~ ~
...., ..'.;/'k<.L ;~.(::C-{~-d RVChai'nnan ....... .........~... .....)t::j)~
Oc(h~~~ a. Q.o --D.l..5. \....)
ST.-\TF. OF Florida
COL::--:TY OF Pinellas
}
I IIERE.BY CERTIFY ,hol' "., Ihi, d.." h,.I...rt mI'. an ...triert duly .autlv.,ill'd in lhl' Srolt<l' ..",j r:"unl., r.f"tl'\.Iiid 10 l..k.. ;1(1I'1o....ltd~P'ltl'lh.
p.ff'(ln.aJl, IlPV"attd
.....11 kno..n 10 IN' 10 bot Ihf'
"tt.;~.nl ,,:-d
t"poo(li~t1y ur Ihe ctW'potillion n"mf'd a.. ,nntot
in IhC' fott,oinc dud. oI.d lhal I~Y ,.put,lI, a.dno..ltd...ri t'\teuli~!C the Umf' in Ihf' pn"W'rotf' "" '..to luh<.ctibin"" ",iIMu.n huly ..nd ..;:.U1util,
t,U..kt '~~IJw..il' -d.,), "nltd il'l I""",, h,. ...id e..'p<ltui'Hl ..nd lha, Ih, ......1 ..Uiu-d chuf'IO il lh, I"'" (tlFp..,.lt wa.l tot ...id corP'"ralion.
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. :~\.rrr:<W' m, h.~ and olli,.;oI' ........ in Ih<l' t.U\fIll, and SWf' 1.1.11 .tonwid thil - dA, tit April . A. D, 1775.
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,,~\_.;.,t. .',1 - ~f.t<L. /d2\~~4::5:,L._
. ','::...'/.'h.iJ l"Jlnld!~'lIlprrntl".,III\': George A. Routh >:~".v~...., ..... .",,,,.~ ATI^lGfJ1
r ,/ 1<146 Court Street'" r"'.......'...-., .:.,.,-~ 'l'O I. 19n
<;.'!~I....,,' Clearwater, Florida 33S16.oNDIO THor.. C''''''A' ""''''''Cf 'JND"WllTllI1'
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FORM 1IO't fl...4. 'loo.....l.1
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::.u'..:;;.=~:'-"':':.:l":.:{ ::: ;,:~/:z.:.~:..~~ ,,::~ ';';,.1;::;:: ~;::;, 7:,.;..";,: .
.u ~"tU", ovwt. if _I, tJw ...I'... -..,.- ...u IAc,...I1 tA...w... /tor,..,... .u..cn,",,/ if -
.:.. :;";1- ~ -I - ....~ <'" 14- day of .~ep / ~,6~ .
. . <.II .Mad,. 11Ii., Aot) / / k,,, .1. D. 1971.
".r~:';;'\~:: ":1<' IIQ: :" I it~tUt~~tt
..' I'" cr:!: '
.', if "IO~ .,. ~,i George A. Routh and Robert N. Lehmann, const'ructive trustees for the. >
...:.;::: .:.J"'~ estate of Robert E. Lehmarin, deceased, . '.,,'
.':' :..". ~II:.~~~ . . bl the Cuunt1J 01
!~:;?~::"":.:<:1~'\'Iu.;.~~; . Plnel1as . andStateol Florida'" ....partyoft~first~rt;'...,..
. !~ ~~.. ..,~ and Estate of Hobert E. Lehmann, deceased,. c I 0 Sunne, KeIser & Locke, P. A. :;
',' 'r :.IiJ~!;:~r;~! .' 1151 N. F;. Cleveland St.. Clearwater, FL 33515 ., '.' ,".' . "'<'. .
z >~-rl ',." . .. . , 01 the' County, nl-'~:.. :. !
. ~ :t;.'HJf:l" " -;'., . ..... Plnellas and )tate of Florida' .' party 0" tM seco"''/ parl':~\1,.' '.";;;
:A..c. '1111 <" ~ ,., m't tf... '. . , l ~...... J ~f"" .<$11
~ ~a <=ti!F':~ :,c,~:;"i:,'..:wst tt.rS51'. ~I' that .t~ said party of the first pa.rt, for and in:, c.o.nsideratum of..~~,,~. ~\!~
0)0 ~ ":J tM sum of one Dollar----------------------------($l. 00) . Dollars,');' ~~
,0 .1~Ul1p in hand paid by the said party of tM second part, the receipt Ichueof i8 hereby acknolC~'A! C/.',
1'~':D:'e\C edJed.luLs re"!,ised,. re?eMed an,!- quitclaimed, and by these pre8~nts .d,oes. remise; '.," J.
. . ,Ji~/reZease and qu~tcla~m unto th.e sa~d party of the secandpart all the n1ht, title, ~nterest
P,'6.~.N1..~5.:claim and demand which the saidpartTJof the first part has in and to'the fallcwinJ..,
.' 'described ~t ; piece ar parcel of land, sitnat.e lyinJ a.nd beinJ.in the'c'o!,-n'tTjof/.S
. Pmellas State af Florida, to Wtt: ." .
. . ". .' " _-.ILl V!l2noa'Vl 72 Oulll.. GSO
Lotsl thru 6 mcluslve. Block 2, R. J.. BOOTH S SU.l::HJI fISIull1ll .'~~QO"
'Plat Book 9. Page 22.' public records of Pinellas County. Id. .'. '.:~30:'O
Florida: AND' Lots I tbru 10 inclusive, Block 2, SARAH . 1.2: ~55.S::
McMULLEN'S SUBDIVISION.' Plat Book 1. Page 41, public . ~.85'C
re'cords of Pinellas County, Florida;
LESS .
The South 10 feet of Lots 6.7.8.9 and 10. Block 2. SARAH. =
'McMULLm'S SUBI'~VISION; the South 10 fer.:t ,A Lot 6. Block 2. ~
R. .J. BOOTH'S SUBDIVISION; ~-:d the East 10 ieet of Lots 1 andu-.
la, Block 2, SARAH.McMULLEN'S SUBDIVISION to the City of
Clearwa'ter, given for right-or-way. purpose's. -:-
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appurtenances thereuntobelcngin~ N in an!fWise .appertainin~j and a.U the, estat,e;
rijht, title, interest and clain~ wlzatsacL'er of the saul party of' U!'" first part, e~ther m
law or equity, to the only proprr use, bene/it and behoof of the said party of the second
. part. . . .'
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. atount!J' of .': Pmellas' ;' J .:.... ." .IIJ'",,!E-___,. III'! J -.":-'" ... .,:L. ::7-:t>J.'f.:;r: ~'"
." .... '~..:] litr~btJ. at~rttfy '. That on this day personally appeared before me, an "ollicer.::.'
. dUly'autkOrized to administer oaths and .take(Jp~nowled~ments,... .' ;'.,,:.:~j:,...ii~-i~:,';E,.\
..'..........., "
George A.. Routh and Robert-N. Lehmann . ','f':. .
. . . .,... ~', .1".. - , . -.. ...
~o me J.I.Iell knou;n to oe t/te persons described in and who executed:.th.;~./6~i'i~t.ir.iJ.:.:.;
lTutrument and they .'. ,acknoTflledted be/ore me.th4f:'~',th~'L J.:~:ii;<f-t
execu~ed the lame freely and voluntanlyfor. the purposel therem,~pl.t:!1.t1l;:.~~..\,~."...
. lIUlttu my hand and official seal at Clearwater. ..' ..~ .ji(!,?;0~r.i..\;
County ~{ .~ell~s . . , and te of Florida, th.i~,.'; ,''-t3'.';: :."r;:Lt;..'tt
day 01. ~ ~L>crA. D. 19 '7F " .;f.~. '.' ';.~:"= .
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79169683
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PERSONAL REPRESENTATIVE'S D~~
i. .
rHIS INDENTURE, executed the -1... / day of
, 1979, between Robert N. Lehmann, as Per-
son. Representative of the estate of P~bert E. Lehmann,
deceased, party of the first part, and
AANOiO LEI, CIERVO ESTATES,' P.O. Box 608, Nell Port fti'?~~7lli3?<;<;fu",.
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WI T N E SSE T H:
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The party of the first part on the 29th day of
September, 1978, pursuant to power of sale contained in the
Last Will and Testament of the above-named decedent, and pur-
suant to order of the Probate Division of the Circuit Court
of Pinellas County, Florida, dated the 29th day of Septemb~r,
1978, and in consideration of the pre~ises and the.sum of One
Dollar ($1.00) and other good and valuable consideration in
hand paid, grants, bargains, sells, aliens, remises, releases,
conveys and confirms to the party of the second part, and to
his heirs and as'signs forever, that certain real property .
situate in Plnellas County, Florida, more particularly de-
. scribed as follows:
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Lots One' (1) thru Six (6) inclusi.ve, Block 2,
R. J. BOOTH'S SUBDIVISION as recorded in Plat
Book 9, Page 22; public rncords of Pine lIas
Co~~ty, Florida;
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Lots One (1) thru Ten (10) inclusive, Block 2,
SARAH McMULLEN'S SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book 1,
Page 41, public records of Pinellas County,
Florida.
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LESS
The South 10' of Lots 6, 7, 8, 9 and 10, Block 2,
SARAH McMULLEN'S SUBDIVISION; the South 10' of
Lot 5, Block 2, R. J. BOOTH'S SOBDIVISION; and
the East 10' of Lots 1 a:1d 10, Block 2, SARAH
McMULLEN'S SUBDIVISION to the City of Clearwater
given for right-of-way purposes.
TOGETHER with all and singular in .tenements, he-
reditaments and appurtenances belonging or in. anywise apper-
taining to that real property.
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TO HAVE AND TO HOLD the same to the party of the
second part, and to his heirs and assigns, in fee simple
forever.
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AND the party'of the first part do"!s, covenant to
and with the party of the second part, his heirs and assigns,
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that in all things preliminary to and in and about the sale
and this cor.veyar.ce the orders Ot th", above-named Court and
the laws of Florida have been follo~ed and complied with in
all respects.
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IN WITNESS ~EREOF, the party of the first part
has set his hand and seal on the day and year first aoove
written.
Signed, sealed and delivered
in the presence of:
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Robert N. Lehmann, personal
reoresentative or estate of
Rebert E. Lehnlann, deceased
STATE OF KENTUCKY
COUNTY OF BOURBON
I, HEREBY CERTIFY that on this day perso~ally a?-
peared before me, an officer duly authorized to administer
onths anu take acknowledgments, ROBER~ N. LEHMANN, as per-
sonal representative of the estate of ROBERT E. LEHM&~N,
deceased, to me well known and known to me to be the in-
dividual described in and who executed the foregoing deed,
and he acknowledged before me that he executed the same
freely and voluntarily for the purpose. therein expressed.
, WITNESS my hand and official seal at Paris, County
of 8~rbo~r-and State of Kentucky, this ~ day of
<~z..o.{l,,~/~,,/ _, 1979.
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Notary Public
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My Comnl~ssion Expires: Ie
RE1~~H. 1~O~CKE, P,/'o.
SUi.'~:~. ,~::',': ,........ LAW 1"
,\T:.:' V_~VEL.;'~~O.,5 \&
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C\..EAnWATE. I
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~"'J'D .11 .:xecutive lillC' 79169684
J ,. FORM 11" K~~~t~D..4(1l9",.e..,..,
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rllitt~ttn 1l}\NQiO 1EL CIER\.O ESTJtI'ES
~ r (J corporation. existin.~ under the law. of the '.State 'of California
!.r. ,';,avinz iU principal place of bu,sine.'a in. the County of Pasco
! I Sto.u 01 Florida party of the fir6t part, and
I JJ\loES P. GIUB
I 118 High Street, New Port Ridley, Fl"ri9<i 33552
. . i . _ I ~ -:1 tJ:.c Count;; of Pinellas and State of Florida
. - j ~ i to: I, t- ,-p::-? ,,-i' t.~ ~('!ro1!.d part,
.\' _ ~ 3 l:. . ....itnt.e.ert17. that the ,aid party of the fir.t part, for and in. COlllUUrattCn ~I
C:. . ::;.;:- -~= 2ijtM!u",: of ---:- ~l1lND :~/~OO ($10.00)-------.-___ .Dollar"
;,:.:,; - i::: E B ~ to J~ ~n. hand paid by t.~ said party of the .econd part, the rece~pt whereof /.I hereby
'. ~..or.~~ -ru./cnowkd~ed, has tranted.bar;ained and sold to the .ciid party of the ilecond pari
.1 :.~ ~ 't.r')f~rever, the followi"'.J described land, situate, lyinJ and be,inJ in the. County of '
I ... - oJ Pmellas , State of Florida, to Wtt: t.
I <i. ~ 8 I~ lu2P3~0 72 OeJDI. 0 OC79 ~
',' SEE A:..:?l>CHM:NT ~O 7.00 I
1 ~I 80C.00 DS r
I Subject to taxes for 1979 arrl all years t.'1ereafter. 8D7.0G CK
j~l Chg Subject to easem:nts, restrictions and reservations of record, if any.
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! A'lD t.'1e grantor here!:Jy covenants '..nth said grantee that the grantor is lawfully
seized of said la,d in fee' sim?le; t.'1<lt the grantor has good ri<j1t and lawful
aut.'1ority to sell and cmwy said land. and hereby \'iarrants th~ title to said
land and .....ill defend the SdlTe agail"st the lawful claims of all !,)ersms cla~
by, through or U!1der the ::laid grantor,
.
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O.R. 4 923 r.OE 1 C 5 7
,,\[,ode thu
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dflyof
Oct.cber
and
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"'.... : : ... i' '.' ]11 ilitltP.9S lEql'rrof. the said party 01 the first part luu
~.. '.... caused these present.,' to be si!!ned i.n its name by its President,
. t 1\' . ." . and its corp'Hate ..eal to be affi.red. attested by its
.. I I : I ~ ~ the day and year above Wrt~ten.
( Corporate
Seal)
pJ\.\lCHO ::EL CIERV) ES'l'ATF'.-S
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~.Y1'/I.f< €0-?-~~
President.
Attest:
By
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. ~. C!io!Ul:4J of Pll'f:I>>S }
1 Jitrrby Clitrtlfy. That on thi,~ ,;2/7t...L day of October
before me personally appeared E.' V, Werner
Presiden.t and
A. D. 1979 .
and
relpectively o( , a corporation
under the lall's of the Slate of California . lo Tn/! known to be the
persons described ilL and who e.recu.led the foreeoill~ cOlweyance to-
''''~~~;are:> P. Gills
and ,et'erally acknowledtedthe executio'l. thereof to be their free act and deed 'as
luch officers, for the uses and purpo,ves therein mentioned,' qnd that they alftxed
the'rdto the o/llcial'8eal of said corporation, and t'he. ~q.,id'~.,;:.t'p:!nent i. the act and
deed. o/,aid corporation.,- " '.\;, ., '.
WUl1IU my sitnatltre and oUlcia! leal at ClQlU'~,
In th8 County of Pinellas ~nd Sta'te'o?~~~a. the day and
lIea,' lad a "ore.ai.:J. . ., /) ~'.
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". 0 tar':lPtrl>lic. \ I ~, .
,,1y Comm~3.slon Expires :5 .~' / .i .'-3
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Lots 1 thru 6 inciusive, Block 2, R. J'.BOOTH'S SUBDIVISION,
Plat Book 9, Page 22, public records of Pinellas County,
Florida; AND Lots 1 thru 10 inclusive, Block 2, SARAH
MCMU~LEN'S SUBDIVISION, according to the map or .plat
thereof as recorded in Plat Book 1, Page 41, Public
Records of Pinellas County, 'Florida;
I,ESS
~he South 10' of Lots 6, 7, 8, 9 and 10, Block 2,
SARAH McMULLEN.' S. SUBLlIVISION; the South 10' of Lot 6,
Block 2, R. J. BOOTH'S SUBDIVISION; and the East 10 feet
of Lots 1 and 10, Block 2, SARAH McMULLEN'S SUBDIVISION
to the City of Clea~water, given for right-of-way
purposes.
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wrm".f;Jmhiz.org Public h1q~y
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Florida Profit
LEHMANN PROPERTIES INe
I.....
PRINCIP AL ADDRESS
1024 CLEVELAND STREET
CLEARWATERFL 33515
MAILING ADDRESS
1024 CLEVELAND STREET
CLEARWATER FL 33515
Document Number
416192
FEI Number
591432728
Date Filed
01108/1973
State
FL
Status
INACTIVE
Effective Date
NONE
Last Event
CANCEL FOR NON-
PAYMENT
Event Date Filed
09/03/1976
Event Effective Date
NONE
I.......
Re istered A ent
Name & Address
ROUTH, GEORGE A.
1446 COURT STREET
CLEARWATER FL 33516
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Officer/Director Detail
Name & Address
LEHMANN,ROBERT N.
2226 BUCKLAND AVENUE
FREMONT OH
LEHMANN,VERNA M.
ROUTE 4
PARIS KY
ROUTH,GEORGE A.
1446 COURT STREET
II Title I
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Divi~ion of rOmOT::lt;nm:
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FREMONT OH
II I
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CLEAR WATER FL
LEHMANN,ROBERT N.
2226 BUCKLAND A VENUE
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ua epo S
I Report Year II Filed Date II Intangible Tax I
I 1975 II 01108/1976 II I
I 1976 II 04/13/1976 II I
Ann lR rt
View Events
No Name History Information
.......
Document Images
Listed below are the images available for this filing.
'INO images are available for this filing.
II
TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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Florida Department of Sfate, Di"uif;JOn of Corporations
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Public hlqw.ry
LEHMANN PROPERTIES INC
Document Number
416192
Date Filed
01/08/1973
EVENT TYPE
FILED
DATE
EFFECTIVE
DATE
----------------------------------------- -------------------------------------
DESCRIPTION
CANCEL FOR
NON-PAYMENT
09/03/1976
Effective Date
None
Status
Inactive
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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. THI S IS A GIFT.
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PREPAAED BY lID RE'Tlm TO: I
nwld S. Ford
JirSl, loc. WARRANTY DEED
P.O. 9Jx 1fOO
Tarp;n 5'pr1rgs, FL 34600-1600
THIS INDENTURE, made and entered into this 3/srdayof
:P~"7V.t!JCie. . 1997, by and between JAMES P. GILLS and
MARGARET R. GILLS, (aIkIa HEATHER GILLS) his wife, hereinafter
referred to as l&Grantor", whose mailing address is Post Office Box 1608,
Tarpon Springs. FL 34688-1608, and. and James P. Gills. as trustee. with ful)
power and authority in and to the grantee in such deed to sell. convey. and
grantand encumber both the legal and beneficial interest in the real estate
conveyed and described herein. hereinafter referred to as "trustee", whose
lIlailiug address is Post Office Box 1608. Tarpon,SDrinJ!s, F~ 3468B-1608.
ill~\looa UIllI Jdl'I~97 0'1:5j:u9
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DOC SIJWI - PRm J t: 70
WIT N E SSE T H: 13iHl: 'ZUO
CII!CI; 1dI1.IENDHED: ~(~. 7('
Grantor, for and in consideration of the sum ofTen Dt1j~;~ ($IO.u8~
and other good and valuable considerations. the receipt of which is hereby
acknowledged, does hereby grant. bargain. sell and convey to the Trustee, his
heirs. successors and 9$signs forever, the following described property lying
and being in PinelIas'tounty, Florida. to-wit:
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INST II 97-380120
DEC 31, 1997 06:44PM
PINELLAS COUNTY FLA.
OFF.REC.BK 9951 PC 2382
See ExmBlT "A" attached hereto and made a pm1 hereof.
15-29-15 03060-001-0010 15-29-15 03060-00"-0010
Parcel J.D. No. ~:.29-15 03060-002-0090 15-29-15 56052-000-0080
Grantee's Tax J.D. No. 2l5-52-1 !56 and _~~?-70:3055 _
i;;i\~~"2;~~
THIS IS NOT THE HOMESTEAD PROPERTY OFTHE GRANTOR
NAMED HEREIN.
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SUBJECT to zoning regulations, reservations. restrictions and
easements of record. taxes for 1997 and subsequent years.
Grantor hereby covenants with Trustee that Grantor is lawfully seized
of said property in fee sjmple~ that Grantor has good right and lawful
authority to convey same and Trustee shall have quiet enjoyment thereof.
The Grantor does hereby fuJ)y warrant the title of said property. and will
defend the same against lawful claims of all persons whomsoever.
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leBcr1pt1on: P1nellaB,PL Document-Book.Page 9951;2382 Page: 1 or 5
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PINiLLAS COUNTY FLA.
OFF.REC.BK 9951 PC 2383
I
IN WITNESS WHEREOF, the Grantors have signed and sealed this
Deed the day and year first above written.
In the Presence of:
~~~~ (SEAL)
Print ameMw,L) s: ~Ae.D /
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Print Name I-Il./i/Yt' "" t 7e.~ "
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MARG T R. GILLS
ST ATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this doy personally appeaicd before me,
an officer duly authorized to administer oaths and take acknowledgments,
JA1vfES P. GILLS and MARGARET R. GILLS, to me personally known and
who did take an oath. and known to me to be the individual!; described in and
who executed the foregoing instrument and they acknowledged before me
that they executed the same for tlle pwposes therein expressed.
WITNESS my hand and official seal at Tarpon Springs, said County
and State, this...:v~r day of 'M.-'k7':'MJ? ___,1997.
~
Ct;~ [.~-{['''''~
Notary bJic
Print Name <. 'H<A7/L~::-.I/ fI'/;:I}w1/:/
MY~~~I.J
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~scription: Pinell.s,PL Document-Book.Page 9951.2382 Page: 2 of 5
rder: 8883 Comment:
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PINELLAS COUNTY FLA.
OFF.REC.BK 9951 PC 2384
LEGAL DESCRIPTION
PARCEL A:
Lots 1 thru 1. inclusive. Lot 1~, less the East 23.0 teet
thereof, all in Block "A". BASSEOENA SUBDIVISION as recorded 1n
Plat Book 6. Page 26 of the public: records of Pinella. County,
Plorida. LESS the Weat 10.0 teet of said Lot 1. deeded to th_
Ci ty of Clearwater tor right-ot-way purposes.
Lots 1, 2, 10 and that part ot Lots 3 and" which .1ie West of a
Southerly extenUon of the Westerly Hne of the Easterly 23.0
feet of Lot 15, Block "A", (at BASSED!NA SUBDIVISION 8S recorded
In Plat Book 6, Page 26, public records ot Pinellas County,
Florida), LESS the East 23.0 feet of said Lot.. thereof, all 1n
H.A. KILGORE'S SUBDIVISION as recorded in Plat Book 3, Page 58,
publ1c records of Pinellas County, Plorida.
Vacated portion of NE Cleveland Street (66.0 feet width)
described as follows: That portion lying between Blocks "A" and
"Bu of BASSEDENA SUBDIVISION as recorded in Plat BOClk 6, Page 26,
public records of Pinellas County, Florida, being lIlor~
particularly described as follows: From the most Easterly corner
of Lot 25, ot said Block liB", BASSEDENA SUBDIVISION, said corner
bp.ing nn the !fC'lrthwesterly JIl1ght-ot-Way tine of 1fJ! Clftvehlnd
Street, run thence South !jao 27' 00" ;'lest. along said
Northwesterly Right-of-Way Line, 50.0 feet; thence continue,
along said Right-ot-Way Line. South 51000'30" West. 41.58 feet
to the Point of Beginning: thence run South 840 10 I 09" East,
99.84 teet to a point on the Southeasurly R.ight-ot-Way Line ot
.aid NB Cleveland Street: thence run south 68027 '0011 W..t, along
said Southeast~rly Right-ot-Way Line, 33.131 teet; thence
continue, along said Southeasterly R.1ght-of-Way L1.ne. South 5] 0
00'30" W..t, 310.43 feet to a point, .aid point being on the
Southerly extention of a Hne lying 10.0 teet East: of the East
Right-at-Way Line of Greenwood Avenue as shown adjacent to Block
"B" of said BASSEDEHA SUBDIVISION: thence run Nor th 000 12 ' 00 II
Welt. along a line 10.0 teet Ba8t of a parallel to the Southerly
extent ion of the het Right-at-Way Line of Greenwood Avenue ..
shown on Said.Block "a", 84.68 feet to the Northwastt'!rl~ R.ight-
of "Way Line of HE Cleveland Street; thence run North 51 00' 30"
Int, along said Right-at-Way Line. 220.09 t.et to the Point: of
Beginning. Said portion to be re'ta:ined as a Drainage and Ut1ljty
Easement.
.,
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Jescr1pt10n: P1nellas,FL Document-Book.Page 9951.2382 Page: 3 o~ 5
Irder: 8883 Comment: .
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PINELLAS COUNTY FLA.
OFF.R!C.BK 9951 PG 2385
LBGAL DBSCRIPTION
PARCEL 13
Lots 9 thru 25 inclus1ve and that part of Lot 50 described aa
follows: Begin at the .ost Southerly corner of said Lot ~O tor
~he Point ot Beginning; thence run North, along the West line of
said Lot &0, to the Northeast corner ot said Lot 9; thence ...t,
alona th~ ~~~t~~)y e~1:en1:1on of the North line of .aid Lot V to
the Northerly line of sa1d Lot 24; thence Southwesterly, along
~he Hortherly line of ..1d Lot 24, to the Point of Beginning, all
in Block '"B", BASSEDBNA SUBDIVISION, a. recorded in Plat Book 6,
Page 26, public records of Pinellas County, Florida, LESS the
following d~scr1bed tract: Begin at the Northweet corner ot said
Lot 11 tor the Point at Beginning; thence ~un South 42019140H
East, 14.91 feet; thence South 84010'09'1 East, 248.03 teet to
the Illost Easterly corner of said Lot 25, said corner being on the
N'orthweGterly Right-of-Way Line of NE. Cleveland Street; thence
South 5ao 21' 00" W~st, along said Northwesterly Rjght-of-Way
Line, 50.0 feet; thence continue, along said Right-or-Way Line,
South 51000'30" West, '1.58 feet; thence North 84010'09" W~st,
152.50 feet; thence South 47048'56" West, 26.76 feet to a point
10.0 teet East of the East Riqht-of-Way Line of Gre.nwood Avenue;
thence South 00012100" East, along a line of 10.0 teet Eaat ot
and parallel to the East Line of Greenwood Avenue, 136.01 teet to
the Northwesterly Right-ot-Way Ljne of HP.. Clftveland S1:~e.~:
thence South 510 00' 30" West:, along the Northweaterly Right-ot-
Way of HE Cleveland Street, 12.83 feet to the East Right-at-Way
Line ot Greenwood Avenue: thence North 000 12 '00" West, along the
East Line of Greenwood Avenue, 23~ .10 feet to the Point of
Beginning. (For Right-of-Way purposes for Real ignJllent of NE
Cleveland Street and tor Widening of Gr.enwood Avenue.)
PARCEL C:
Lots 1 through 4, Lots 48 and 49, Block 5, BASS.lWEliA SUBDIVISION,
as recorded wjth the Clerk of the Circuit Court of Pinellas
County, Florida.
PARCEL 0:
Lots 8, 9 and North 32 feet of Lot 10, and all of Lots 11 and 12,
Mattison Square, as recordea with the clerk of the Circuit Court
of Pinellas County, Florida.
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Jescription: Pinellas,PL Document-Book.Page 9951.2382 Page: 4 of 5
)rder: 8883 COlIIIIIen t :
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PI NELLAS COUNTY F"LA,
OJo'F .REC.BK 9951 PG 2386
t!OAL DESCRIPTION
PARCEL !:
The North 282.6 feet of the East 60 teet of Block 6 according to
~he plAt ot Sarah McMullen I IS Subdivi!!l ion record~d 1n Plat Book 1
on page 41 of the public records of Pinellas County, Plorida;
together wi th all that part of the West 90 teet ot the East 110
feet of the Morthwest 1/4 of i:h., MO'P"th.,est 1/4 nf ~"et1(ln , e,
Township 29 South: Range 10 East; which lies betweltn Eastwardly
projections of the North and South boundaries of the part of said
Block 6 thus defined.
The overall dimensions 01' the plot of land so tormed,
being 282,6 teet North and South, by 1<&0 teet East and West; are
SUB.:7ECT, HOWEVER, to presently existing occupancy by the City of
Clearwater, Plorida, of any part or parts of said plot along 1ts
North, East and South boundaries which may be wi thin ~he rights
of way of public thorough~ares known as Cleveland Street,
Gr~enwood Avenue. and Park Street. Such occupancy ,where found,
has existed for more than 20 years without actual conveyance ot
title.
PARCEl F:
Lots lthru 6 inclusive, Block 2, R. J. BOOTH'S SU130IVISION,
Plat Bool< 9 I Page 22, public records of Pinellas County,
Florida: AND Lots 1 thru 10 inclusive, Block 2, SARAH
McMULLEN'S SUBDIVISION, according to the map or plat
~hereof as recorded in P1a~ Book 1, Page 41, public
Records of Pinellas County, Florida;
LESS
The South 10' of Lota 6, 7, a, 9 and lO, Block ;2 I
SARAH :';Ci1ULLEN I 5 SUBDIVIS:i:ON; t;.hl:! Sou ~h 10 I of Lot;. G I
Block 2, R. .:7. BOOTH'S SUBDIVISION; and the East 10 tep.t
of Lots 1 and 10, Block 2, SARAH McMULLEN'S SUBDIVISION
to the C:Lty of Clearwater, given for right-of-way
purposes,
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iescr!pt!on: P!nellas,rL Document-Book,Page 9951.2382 Page: 5 o~ 5
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99-41B7SSlI DEC-2Sl-1S99 !5 '14lfl
PINE~~AS CO BK 10769 PG 2031
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ThIs lnatrument was prepared by
and rHlm to:
TImothy A.. Johnson, Jr., Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Buns, P.A.
P. O. Box 1368
Clearwater, FL 34817-1388
QUIT CLAIM DEED
THIS INDENTURE Is made on December 29, 1999, between THE JAMES P.
GILLS FOUNDATION, INC., a Florida not for profit corporation rGrantor"), whose post
office address is P. O. Box 1608, Tarpon Springs. FL 34688-1608, and TRUST FOR
REHABILITATION AND NURTURING YOUTH AND FAMILIES, INC., a Florida not for
profit corporation rGrantee"), whose post office address is P. O. Box 1608. Tarpon
Springs, FL 34688-1608.
w !I~g~SgItt:
Grantor. for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration. the receipt of which is hereby acknowfedged. has
remised. released and quitclaimed. and by these presents does remise. release and
quitclaim unto Grantee all the right. tlUe. interest, Claim and demand which Grantor has
In and to the following described real property located in Pinellas County. Florida:
See exhibit RAR attached hereto and made a part hereof.
Real Estate Tax Parcel Numbers: 15-29-15-03060-001-0010. 15-29-15-03060-
002.0090.15-29-15-03060-002-0010 and 15-29-15-56052-000-0080.
Grantee's Tax Identification Number:
(aoDlled for)
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escription: Pinell.s,'L Document-Book,Page 10769.2031 Page:
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PINE~LAS COUNT V rLR.
orr .REC.BK 10769 PO 2032
THIS IS A CONVEYANCE OF UNENCUMBERED REALTY AS A GIFT.
TO HAVE AND TO HOLD the same, together with all and singular
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, Interest and claim whatsoever of Grantor, either In law or equity, to the only proper
use, benefit and behoof of Grantee.
IN WITNESS WHEREOF, Grantor has executed this deed the day and year
above written.
WITNESSES:
<-J-1M.~tI.~~.J 9tiK1"w:w..)
Signature 0
/',1).,f<J{ '1/J v: WiLlJN.~'
Print name
~r(/I~~
Signature .
])Af./ I f} 5": .Q9,<! 1)
Print name
STATE OF FLORIDA )
COUNTY OF PINELLAS )
(Corporate Seal)
The foregoing instrument was acknOwledged before me this Z8 day of
December, 1999, by Lew Friedland, as President o~ THE JAMES P. GILLS
FOUNDATION, INC.. a Florida not for profit corporation, on behalf of the corporation.
He Ds personally known to ~ [has produced as Identification].
<--/}/U4A'fj.u \b~ft1~
Notary Public :
Print name: (,
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My commission expires:
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EXHlnIT.A .
PJNELLAS COUNTY rLA.
Orr.REC.BK 10769 PO 2033
L!GAL DESCRIPTION
rage 1 of 3
PARCEL A:
Lots 1 thru 14 inclusive, Lot 15, less the East 23.0 feet
thereof, all in Block "A", BASSEDENA SUBDIVISION as recorded 1n
Plat Book S. Page 26 of the public records at Pinellas County,
Florida. LESS the West 10.0 feet of said Lot 1. deeded to the
City of Clearwater for right-of-way purposes.
Lots 1, 2, 10 and that part of Lots 3 and 4 which lie West of a
southerly extention of the westerly line of the Easterly 23.0
feet of Lot 15, Block "A", (at BASSEDEHA SUBDIVISION as recorded
in Plat Book 6, Page 26, public records of Pinell.s County,
Florida), LESS the East 23.0 teet of said Lot 4 thereof, all in
H.A. KILGORE'S SUBDIVISION as recorded in Plat Book 3, Page 58.
public records of Pinellas County, Plorida.
Vacated portion of NE Cleveland Street (66.0 teet width)
described astollows: That portion lying between Blocks "A" and
"B" of BASSBDEHA SUBDIVISION as recorded in Plat Book 6. Page 26.
public records of Pinellas County, Florida. being more
particularly described as follows: From the most Easterly corner
of Lot 2~. of said Block "B", BASSEDENA SUBDIVISION, said corner
being on the Northwesterly Right-at-Way Line of HE Cleveland .
Street, run thence South 58021'00" West, along said
Northwesterly Right-at-Way Line. 50.0 feet: thence continue,
along said Right-at-Way Line. South !H 000 I 30" West. ,U. 58 teet
to the Point at Beginning: thence run South 840 10'09" East.
99.84 teet to a point on the Southeasterly Riwht-ot-Way Line of
said HB Cleveland Street: 'thence run South !S8 2'1' 00" West. along
said Southeasterly Right~ot-way Line. 33.81 teet: thence
continu.., along said Southeasterly Right-ot-Way Ljne, South 510
00'30. Wast, 310.43 teet to a point, said point being on the
Southerly extention of . 11ne lying 10.0 teet Baat of the East
Right-at-Way Line of Greenwood Avenue as shown adjacent to Blo~k
"B" of said BASSEDENA SUBDIVISION; thence run North 00012'00"
West. along a line 10.0 feet East at a parallel to the Southerly
extent ion of the East Right-at-Way Line at Greenwood Avenue ae
shown on SaId Block DB". 84.68 teet to the Northwesterlx Right-
ot-Way Line of HE Cleveland Street; thence run North &1 00'30"
East, along said Right-at-Way Line, 220.09 feet to the Point of
Beginning. Said portion to be retained as a Drainage and Utility
Easement.
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Jesc:r:L;t:Lol1: ~:Ll1ell..,"L Doaumel1t-Book.~.ge J.0769..203J..~.ge:J3 'o~ 5
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EXHIBIT.A .
PJNE~~Ai COUNTY rLA.
Orr,REC,BK 10789 PO 203~
LEGAL DESCRIPTION
Page 2 of 3
PARCEL B
Lots 9 thru 25 inclusive and that part of Lot SO described as
follows: Begi~ at the .ost southerly corner of said Lot SO for
the point of Beginning: thence run North, along the West line or
said Lot 50, to the Northeast corner of said Lot 9: thence East,
along the Easterly extent ion of the North line of said Lot 9 to
the Northerly line of .aid Lot 24: thence SouthwesterlY, along
the Northerly line of .ald Lot 24, to the point of Beginning, all
in Block "B", BASSED!NASUBDIVISIOK, as recorded in Plat Book 6,
Page 26. public records of Pinella. County, Florida. LESS the
following d~scribed tract: Beg1n at the Ko=thwest corner ot said
Lot 11 for the point ot Beginning: thence run South 42019140"
East. 14.91 teet: thence South 84010109" East, 248.03 teet to
the .ost Easterly corner ot said Lot 25, said corner being on the
Northwesterly Right-ot-Way LIne of NE. Cleveland Str.et: thence
south 58021'00" WeGt. along sa1d NorthwesterlY Right-ot-Way
Line. 50.0 feet: thence continue, along said Right-ot-Way Line,
South &1000130" West, 41.58 feet: thence Nor~h 84010'09" West,
152.&0 teet: thence South 41048'56" West. 26.1& feet to a point
10.0 teet last of the East Right-ot-Way Line of Greenwood Avenue:
thence South 000 12' 00" last, along a line ot 10.0 feet la.t of
and paral!el to the East Line ot Greenwood Avenue. 138.01 feet to
the Northwesterly Right-~f-way Line ot NE. Cleveland Street: .
th.ence South ~lQ 00'30" West. along the Northwesterly Right-ot-
Way of NE Cleveland Street. 12.83 feet to the East Right-of-Way
Line of Greenwood Avenue: thence North 00012'00" West. along the
East Line of Greenwood Avenue. 23~.10 teet to the point of
Beginning. (Por Right-ot-way purposes for Raalignment of NE
Cleveland Street and tor widening of Greenwood Avenue.)
PARCEL C:
Lots 1 through 4, Lots 48 and 49, Block B, BASSEDENA SUBDIVISION,
as recorded with the Clerk of the Circuit court of pinelIas
County. Florida.
PARCEL D:
Lots 8. 9 and North 32 teet of Lot 10, and all of Lots 11 and 12.
Matt180~ Square, .. recorded with the clerk of the Circuit Court
of Pinellas County. Florida.
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Jescr:l.pt:l.on: P:l.nella.~'L Document-Book.Page 10169.2031'\Page: 4 0..5
Jrder: BBB3 COJIIIIIent: ..
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EXHIBIT.A
P1HELLAS COUNTY rLA.
crr.RtC.BK 10769 PG 2C~!
~!GA~ DESCRIPTION
Page 3 of 3
PARCEL E:
The North 282.5 feet of the East SO feet of Blocle 5 according to
the plat of Sarah McMullen's Subdivision recorded in Plat Boole 1
on page 41 of the pUblic records ot Pinellas County, Florida;
together with all that part of the West 90 teet of the East 110
feet of the Northwest 1/4 of the Northwest 1/4 of Section 15,
Township 29 South; Range 1S East; whlch 11es between Eastwardly
projections of the North and South boundaries of the part of said
Blocle S thus defined. .
The overall dlaenslons of the plot of land 80 tormed,
being 282.& feet Korth and South, by 140 feet East and West; are
SUB3ECT. HOWEVER, to pre8ently eXisting occupancy by the City of
Clearwater, Plorlda, of any part or parts of said plot along its
North, East and South boundaries which may be wIthin the rights
of way of public thoroughfares known as Cleveland Street.
Greenwood Avenue, and Park Street. Such occupancy, where found,
has existed for more than 20 years without actual conveyance of
t1 Ue .
PARCEL F:
Lots 1 thru 6 inclusive, Block 2, R. J. BOOTH'S SUBDIVISION,
plat Book 9, Page 22, public records of Pinellas County#
Florida: AND Lots 1 thru 10 inclusive, Block 2, SARAH
MCMU~LEN'S SUBDIVISION, according to the map or plat
thereof as recorded in Plat Book 1, Page 41, Public
Records of Pinellas County, Florida;
LESS
The South 10' of Lots 6, 7, 8, 9 and 10, Block 2,
SARAH McMULLEN'S SUBDIVISION; the South 10' of Lot 6,
Block 2, R. J. BOOTH'S SUBDIVISION; and the East 10 feet
of Lots 1 and 10, Block 2, SARAH McMULLEN'S SUBDIVISION
to the City of Clearwater, given for right-Of-way
purposes.
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Je.or1pt1on: P1nella.,l'L DooWllent-Book.'Page 10769.2031 <Page: 5 o~ 5
Jrder: BBB3 Comment:
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Florida Department of Sfate, Dir,ifiion of Corporations
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wmW.~Tmbizo()'g Public lnq~y
Florida Limited Liability
CLEARWATER VILLAGE, L.C.
~."..
PRINCIPAL ADDRESS
500 NORTH OSCEOLA AVENUE #208
CLEARWATER FL 33755
Changed 09/24/2001
MAILING ADDRESS
500 NORTH OSCEOLA AVENUE #208
CLEARWATER FL 33755
Changed 09/24/2001
Document Number
L99000005721
FEI Number
593598777
Date Filed
09/07/1999
State
FL
Status
ACTIVE
Effective Date
NONE
Last Event
AMENDED AND
RESTATED ARTICLES
Event Date Filed
10/15/2002
Event Effective Date
NONE
Total Contribution
1,000.00
Registered Agent
Name & Address
CINAFRONE, JOSEPH R ESQ.
1968 BA YSHORE BOULEVARD
DUNEDIN FL 34698
...._-_._._~_.__..~-~_..,,-_._.._-,,_.._------'
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anager em er eta!
I Name & Address II Title. I
FISCHLER, IDO B
500 NORTH OSCEOLA AVENUE #208
CLEARWATER FL 33755
I II I
Division of Corporations
PaQ'e 1 of 2
.
.
REICHEL, BERNARD K JR.
500 NORTH OSCEOLA AVENUE #208
CLEARWATER FL 33755
L::J
Ann lR rt
ua epo s
I Report Year II Filed Date II Intangible Tax I
I 2000 II 03/13/2000 II I
I 2001 II 04/05/2001 II I
I 2002 II 09/15/2002 II I
View Events
No Name History Information
Document Images
Listed below are the images available for this filing.
10/15/2002 -- Amended and Restated Articles
09/15/2002 -- COR - ANN REP/UNIFORM BUS REP
09/24/2001 -- Amended and Restated Articles
04/05/2001 -- ANN REP/UNIFORM BUS REP
12/21/2000 -- Amended and Restated Articles
03/13/2000 -- ANN REP/UNIFORM BUS REP
09/07/1999 -- Florida Limited Liabilites
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
I.....
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Division of Comorations
Page 2 of2
.
.
Florida Department o.f Sfale, Dipi6ion of CorroratiOrlS
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1Im1i1l.~Tmhiz.(lfg Public h1q~y
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CLEARWATER VILLAGE, L.C.
Document Number
L99000005721
Date Filed
09/07/1999
Effective Date
None
Status
Active
EVENT TYPE
FILED
DATE
EFFECTIVE
DATE
DESCRIPTIQN
----------------------------------------- -------------------------------------
AMENDED AND RESTATED 10/15/2002
ARTICLES
AMENDED AND RESTATED 09/24/2001
ARTICLES
AMENDED AND RESTATED 12/21/2000
ARTICLES
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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Division of Corporations
PaQ'e 1 of 1
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Florida Deparf111en f of S fale, Dit,ision 0/ Corporations
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ilm11/!.~Tm/1iz.nrg Pu.blic bJq~y
..........".M_A................1
Florida Non Profit
TRUST FOR REHABILITATION AND NURTURING YOUTH AND FAMILIES,
INC.
PRINCIPAL ADDRESS
43309 U.S. HWY.19 N.
TARPON SPRINGS FL 34689
I.,.,....""'. .'.."_",,, .w.'"....,............ """.......,~,"., .A....'..... ..A'..'.'...._.,..,..".,"....,'
.........,......,~.,,,..,'~.._........ ~...~.~...,^,..,..,' ,~.'~_...h.'_'''.,.. _,"u~._,_~.....__,.,~..__...,~....'""._..".^.",.,.".,...'...,,_..~..~.......M...._"'~n'~~....._,__.^..~"...,..~,,~,.,~..._..__...,,~
MAILING ADDRESS
P.O. BOX 1608
TARPON SPRINGS FL 34688-1608
Document Number
N99000007127
FEI Number
593613384
Date Filed
12/06/1999
State
FL
Status
ACTIVE
Effective Date
NONE
r _.__~.~.,......._.._...._
Re istered A ent
Name & Address
FRIEDLAND, LEW
43309 U.S. HWY.19 N.
TARPON SPRINGS FL 34689
"W_~~'~_"" ,., .
Officer/Director Detail
Name & Address
CROWN, ROBERT
1187 GROVE STREET
CLEARWATER FL 33755
GOYER, R SCOTT
1201 S HIGHLAND AVE SUITE 7
II Title I
D
D
D
II I
CLEARWATERFL 33756
HUNTER, WILLIAM T JR. .
P.O. BOX 940207,%MEDICAL MINISTRY INTN'L
PLANO TX 75094-0207
GRUNDY, SHEA
9322 S.W. 41ST LANE
Division of Coroorations
Palre 1 of2
.
.
I GAINESVILLE FL 32608 II D I
FRIEDLAND, LEW D
43309 US HWY 19 N
TARPON SPRINGS FL 34689
FORD, DAVID D
43309 US HWY 19 N
TARPON SPRINGS FL 34689
,-~._,._~~..
Report Year
2001
2002
2003
Annual Re orts
II Filed Date II Intangible Tax
II 0210612001 II
II 02125/2002 "
II 0112712003 "
i.".,,~
No Events
No Name History fuformation
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Document Images
Listed below are the images available for this filing.
01/27/2003 - COR - ANN REP/UNIFORM BUS REP
02/25/2002 -- ANN REP/UNIFORM BUS REP
02/06/2001 -- ANN REP/UNIFORM BUS REP
02/21/2000 - ANN REP/UNIFORM BUS REP
12/06/1999-- Domestic Non-Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
I,-._.~~...~-~..."
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REC~kllEO
"'"flUS ce. FLORIPA
~~
CLERI\ C1RCUIT.cOURT
." STATE OF: fLORID)." .' Ju' 9 4 1&1 PH '13
:.;...COUNTI'Of.PI~ELLAS. .... .... ...... '.' . '. .... '. . '. ....
.' )~1(':;(:~R.~BY:'-~ERTIfY..tJiaf Iorio Ihis - dil{b~for'eme: an' offiCer:. duly' 'l,.illified' 10' talC'; 'ilt!c!lowledgments.. ~~~l?'~;t;':"7'f~~
.\llp~.~:;;.:' R~~~T:E:>~EHMAJiN .. an d . VERNA H;' _l~HMANN ~.' his wi ;~e,..' . .. . : :'t~;i;+'~':~'/~ :::):.
,:,~.;,':t~nieh~:tO'~Jb~P'erS'<in.s d~sciibed in. and who executed tile ;tt1l'~gplnif1TisfP,meulnnd~k:now)edged.be!ore':
.:'::;:i";~e'tll~tfthrY'~~tecJth'e~ine. .. ..' '/',,>O":;~"""~"'-'/"_'_ . .~ .",... ,. ...~...-;;".........
. ... ~IW~~m~ ~~tarid official ~aJ in ~e County and St&;7Z~;d;rjJ~y of January
Mv C:ommi~siOOeicpires:' ~/=i5 >;,~". i : iJ.J ;'.,: : .'.. Notary. Public
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Printed lor I"''''re-r.' nile- Guarani,. Fund. Orl.o.lo. FJurirl.
Thb imlnlln"1I1 was pn'pan'd hy:
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RETURN TO: NAm~ George A, Routh, Attorney
ldffarranty "1eeed '(STATUTORY HlRM-SECTlOH 689.02 F.S.)
. ....ddrn. 1446 Court Street
Clearwater, Florida 33516
........
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llJ4is ln1irtiturt~ ~fade this 9th day of January,
ROBEiu;.~~L~IWlN,,'joined byh~s wife, VERNA M. LEHMANN,
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I9 73 . irtmrrn
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of Ih~ County Ilf Pine llas
. Slate of Flori da
. grllntor.. Ilnd
LEHMANN PROPERTIES. INC., a Florida corporatiqn,
whose post office address is 1024 Cleveland Street, Clearwater,
of the.~~n~.~f;.P1nel1as. Side of Florida, 33516,
6;BBrt~. . Th"t slIid gr""lor,. fllr "1Il1 ill ('On.ldenLtillll Ilf Ih.. "'n! of ------NO
, grllntee. .;.... " I
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CONSIDERATION' ... ".:..,1.1.0..,
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1Il1H oth..r gOlld allel \'a'.,ahl.. (~>115iueratlolls to said !tr.lI'!'" ill hlllld p"id hy "lid !tn' II h'.'. till' n'\:l"1l1 wherrof Is herehr.i'
llc:kllowl'-U!(I'tI, has gralllt-u, hllrguined nnd sold III 110" said !tnLlIl'.... alld !tnLlIl"'.'s hein "lid .,ssigns forever. thl! fo.
IIIWillg dt'Sl.'rihed lund, situ"t.,. lying ulld hl'llIg ill Pi ne 11 as COllnty, Flnridll, lo-wit:
Unit No. P-2 from the condominium plat of CONTINENTAL TOWERS INC., according to
Condominium Plat Book 6, Pages 8 through 12, Public Records of Pinellas County,
Florida, and being further descl'ibed in that certain Declaration of Condominium
filed July 28, 1970, in O.R. Book 3368, Pages 249 through 289, Public Records of
Pinellas County, Florida, together with an undivided 2.657% share in the.corrrnon
elements appurtenant thereto.
A perpetual and nonexclusive eas~~nt in common with, but ~ot limited to, ~ll other
owners of undivided interest in the improvements upon the land above described, for
ingress and egress and use of all public pbssagew~s, as well as common areas and
facilities upon the land above described.
~
West one-half (W 1/2) of Lot 9, alock 3, of MRS. SARAH McMULLEN'S SUBDIVISION,
according to plat thereof recorded in Plat Book 1, Page 41. of the Public,Records of
Pinellas County, Florida.
(Continued on reverse sid~...)
a"d said gmlltor dll..,. ht'fl'hy (1111>, warnllll I)". till" 10 saiel lalld, a III I will d"f..",1 Ih" ""Ill' against the lawfnl claim.
(If ,,11 [l,'rsllns whoms"e"er.
. "Cr:ll1rCII''' a.lld "~rHllh.c" are 1I5l'd for .dlJ~lIl.lr fir plura1. as l'Ollte.\t ref!uircs.
9 lUl7rrrl1f. C,alllO' has 1"''''111'111 '\'I ,,"",10" l,a'l\l "lid ,,,:,1 Ihe day Ilnd y""r ~rst above written.
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Lot'Eight (8) of CLEVELAND STREET ADDITION, according to the map or plat thereof' as recorded
in Plat Book 5, Page 76, of the Publ ic Records of Pinellas County, Florida; and also, the
West 50 feet of Lot Eight (8) in Block Three (3),of MRS, SARAH M~~ULLEN'S SUBDIVISION,
aC~Ord1ng to the map or plat thereof as recorded in Plat Book 1, Page 41, of the Public
Records of Pinellas County, Florida;
ANO
Lot One (1-) am the E'ast One-half (El/2) of Lot Nine (9) in 'Block 3 of ' SARAH McMULLEN'S
'SUBDIVISION as recorded in.P1at Book 1.. Page,41, of the Public Records'of.Pinellas County,
F.1or1d~.'.ALSO~ot::J!,!n"o.O).in said Block 3,less that portion desc~fbed urJollows: .
Begin at the Southeast corner. of said Lot 10 and run thence West 42.66 feet, thence
Northeasterly. at 39010' 30" wfth the. North line of Cleveland Street~ '50.12 feet. to' point
of curve, thence NortheasterlY along curve, radius is 15.0 feet 5.45 feet t to point of .',
West line of Greenwood Avenue, thence Southerly,' along said West line 35..89 fGet to P.O.B,~
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. 'Lots'.1,:'2.,3,4, ~,.and 6, .Block 2, R~ J:~oOTH'S SUBDIV.ISIoN, PUbl,ic Reco.rds.,of..p'~~ellas,)~~,''''.
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AND
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Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 2, SARAH Me MULLEN'S SUBDIVISION, according
to the map or plat thereof as recorded 1n Plat Book 1, Page 41. of the Public Records of
Pine11&s County, Florida;
AND
Lots 2 and 3, Block 3, SARAH McMULLEN'S SUBDIVISION, according to the map or plat thereof
as recorded in Plat Book 1, Page 41, Public Records of Pinellas County, Florida;
AND
AND '
Lots 1, 2, 3, 4, 48 and 49 in Block B of BASSADENA SUBDIVISION as recorded';n Plat:'Book 6,
Page 26, of the Public Records of P1nellas County, Florida;
AND
-
Lot.9'through,25 and that part of Lot 50' described as. follows: Begin at the'South'ern niost
corner' ofsaidlot:50:,and runthence'Northerlj.alo,ngthewest1y l1!)e of said lot-50 to the
Northeast1y- corne.'rl?f said Lot 9; thence eastly on an, extension of the Northerly line of
"said,lot g.to.anintersectfon with the-Northerly-line"of'lot 24; thence Southwesterly along
,~.<'safd:;Nor.therly,:l.ine to P.O.B. All beingirf Block B.of.BASSEDENA SUBDIVISION as. recorded
:,i,:~:':in,Planook'H~Page 26~"of the Pu~lk Records! of. ~ine:l1~\County, F10rida;.".containi,ng""u'"
~~8 ,:,:::::,"~;f~:'j~~:"~~"!':~};z"i{~;i:T~~~01""'.:~I~1'p;_@~
(L',),.11i~,.Ea.s,t,'.1O~}.~t9f;Lot3~nd,.,~e)les,tlO feet of lot.~, .1ess s~., .MATTISOW.SQUARE~::~: p^e~.
,~.:t-r'!~map.or':plati.'.,in:P1atBook 5',:"Page66,: of the Public .Records of Plnel'las' County~"Florlda;-: ..
. lots 1 and~Z".and the West.:10 feet of lot 3. less st., MATTISON SQUARE, Plat Book 5, Page 66.
. . PUbl1cRecoras"o,f Pinel1as"Co~nty; ,Florida. Lots 8, 9, 11. 12, 14. 15. 16 and .the North
:32.0 f~tof Lot'10, MATTISON.SQUARE'. asrecorded.1n Plat Book 5, Page 66, PubHc Re~rds
, 'of Pfnellas County', Florida, Conta~ning49,087 squ!lre feet or 1.13 ~cres more or less. .
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CITY OF CLEARWATER
LONG RANGE PlANNING
DEVELOPMENT REvIEW
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
December 19,2003
Kenneth H. Roush, P .E.
601 Cleveland Street, Suite 930
Clearwater, FL 33755
RE: Development Order regarding case FLS2003-07031 at 100 Martin Luther King Jr. Avenue
Dear Mr. Roush:
This letter constitutes a Development Order pursuant to Section 4-202.E of the Community
Development Code. On August 14,2003, the Development Review Committee (DRC) reviewed your
application for Flexible Standard Development application to permit 47 attached dwelling units within
the Downtown District under section 2-902.C. The DRC recommended approval of the application
with the following bases and conditions:
Bases for approval:
1. The proposal complies with the Flexible Standard Development criteria as Attached Dwellings in
the Downtown District per Section 2-902.C;
2. The proposal is in compliance with other standards in the Code including the General Applicability
Criteria per Section 3-913;
3. The development is compatible with the surrounding area and will enhance other redevelopment
efforts; and
4. The development complies with Town Lake Residential District of the Clearwater Downtown
Redevelopment Plan.
Conditions for Approval:
1. That the final building elevations including final colors and building/roof/window/trimJetc.
material samples be submitted to Planning Staff, prior to issuance of a building permit, and be
consistent with the elevations dated submitted December 15,2003;
2. That the color of the buildings be limited to the following: Palest Sunset (Duron 7281 W),
Candleglow (Duron 728ZW), Porn Porn orange (Duron 7294), Golden Poppy (Duron 7335D), and
Cajun Spice (Duron 7855D), and the roof and trim color be limited to Bay Bridge (Duron 8575D);
3. That the covered parking structures and perimeter fencing be constructed on black, aluminum
material (or other similar material/color acceptable to staff);
4. That the windows be constructed of aluminum frames (Duron - Baybridge 8575D) and clear glass,
(or other similar material/color acceptable to staft);
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * Bll.L]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
December 19,2003
Roush - Page Two
5. That the "nitches" shown on the elevations dated December 15, 2003 be designed to read as
windows with sufficient relief and depth, to be approved by the Planning Department with the final
elevations;
6. That the color and material of interior fencing be compatible with the final building elevations, as
approved by Planning Staff;
7. That any future changes to the buildings (color, material, design, fencing, etc.) be reviewed by the
Planning Staff;
8. That all signage meet Code requirements and be architecturally-integrated into the design of the site
and build,ings (Comprehensive Sign Programs are not applicable in residential developments);
9. That all)itilities on site and within the right-of-way are placed underground before Certificate of
Occup~cy;
10. That the buy in cost for town lake be apportioned per dwelling unit and payable prior to the
issuance of building permit for each individual unit; and
11. That all construction adheres to the Florida Fire Prevention Code of2001.
I concur with the findings of the Development Review Committee and, through this letter, approve
your application for Flexible Standard Development with above one condition. The approval is based
on and must adhere to the site plan and application dated received July 16, 2003 and subsequent
material on October 02,2003, October 16,2003, November 14, 2003 and December 15,2003.
Pursuant to Section 4-303, an application for a building permit shall be made within one year of
Flexible Standard Development approval (December 19, 2004). All required certificates of occupancy
shall be obtained within one year of the date of issuance of the building permit. Time frames do not
change with successive owners.
The issuance of this Development Order does not relieve you of the necessity to obtain any building
permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or
license affected by this approval, please bring a copy of this letter with you when applying for any
permits or licenses that require this prior development approval.
If you have any questions, please do not hesitate to call Bryan Berry, Planner at 727-562-4539. You
can access zoning for parcels within the City through our website: www.c1earwater-fl.com. * Make Us
Your Favorite!
Sincerely yours,
~.
Cynthia H. Tarapani, AICP
Planning Director
S:lPlanning DepartmentlC D BlStandard F1exlPending Cases13 - Up for the Next DRClMartin Luther King N. 100 - Dwntwn LoftslMLK 100 Dev.Order.doc
.
.
DRC Meeting Date: August 14.2003
Case Number: FLS2003-07031
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
APPLICANT:
Clearwater Village L.c.
LOCATION:
100 Martin Luther King Jr. A venue North.
REQUEST:
Flexible Standard Development request to permit 47 attached
dwelling units within the Downtown District under section 2-902.C.
PLANS REVIEWED:
Site plan submitted by Northside Engineering.
SITE INFORMATION:
PROPERTY SIZE:
3.46 acres; 150,876 square feet
DIMENSIONS OF SITE:
594 feet of width by 254 feet of depth
PROPERTY USE:
Current Use:
Proposed Use:
Vacant block
Attached Dwellings (47)
PLAN CATEGORY:
CBD, Central Business District
ZONING DISTRICT:
D, Downtown
ADJACENT LAND USES: North: 0, Office District
West: D, Downtown District
East: C, Commercial District; 0, Office District; and MDR,
Medium Density Residential District
South: D, Downtown District
CHARACTER OF THE
IMMEDIATE VICINITY: The vacant block is located on the northern edge of the Downtown
Zoning District. There is a mixture of uses within the immediate
vicinity ranging from office uses to the north (daycare and printing
business); commercial uses to the east (salon and other retail
businesses), and downtown permitted uses to the south and east
Staff Report - Development Review Committee - August 14, 2003 - Case FLS2003-07031 - Page 1
.
.
(auto repair shop, hotel and newly constructed residential town
homes).
ANALYSIS:
The 3A8-acre site is located at the northwest comer of Martin Luther King Jr. Avenue and Laura
Avenue, approximately 300 feet north of Cleveland Street. It is within the Downtown Zoning
District. The lot is vacant, undeveloped, and currently used as off street parking for surrounding
land uses.
The proposal includes 47 attached dwelling units to front along Laura Street and Grove Street. The
attached units will be offset along the street frontages at various setbacks from five feet to thirty
feet (to property line), creating visual breaks in the horizontal design. This traditional style
frontage of buildings addressing the street at a lesser setback will lend itself to a more pedestrian
oriented streetscape design. There will be two locations of ingress and egress for the property. The
first will be at the midpoint of street frontage on Martin Luther King Jr. Avenue and the second at
the midpoint of street frontage along Booth Avenue. These two points of ingress and egress will be
divided on the property by a pool in the center of the development. This will create a separate
parking lot on the east and west sides of the parcel. The entire number of parking spaces for the
development is 82 with 41 spaces located in each of the two separate parking lots.
The vacant lot is located in the Town Lake Residential District, Downtown Plan. The proposed
development will help in creating the form and function envisioned for the Town Lake District.
The proposed 47 attached residential units will help to increase the available residential market
base downtown and in turn encourage new retail and restaurant development to take place. The
close proximity of the proposed 47 attached units to the downtown core and newly constructed
Town Lake will help in providing amenities to serve the residential units. The development pattern
envisioned to take place north of Cleveland Street is lower in scale due to existing single-family
development within the area. The proposed attached dwellings will help to transition from the
more intense development-taking place south of the property and the existing single-family
dwellings to the north. This can be seen in the proposed development height of two stories and
thirteen dwelling units per acre. The permitted height and density per acre for the location
according to the Downtown Redevelopment Plan is six stories and fifty dwelling units per acre.
This is a well-placed transition. The proposal will meet all other applicable code requirements and
criteria.
CODE ENFORCEMENT ANALYSIS:
There are no outstanding enforcement issues associated with this site.
A. FLEXIBLE STANDARD DEVELOPMENT FOR ATTACHED DWELLINGS IN
DOWNTOWN DISTRICT (Section 2-902):
STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
HEIGHT 30 - 50 feet Vacant Lot 24 - 30 feet Yes
maximum
PARKING 1 - 1.5 spaces per Vacant Lot 1.7 spaces per Yes
Staff Report - Development Review Committee - August 14, 2003 - Case FLS2003-07031 - Page 2
.
.
!!,pinosa, Nilda
Subject:
Garriott, Kevin
Thursday, July 24, 2003 9:57 AM
Kronschnabl, Jeff
Community Response Team; Cottier, Kristi; Fierce, Lisa; Green, Anne; Hardin, Cyndi; Hays,
Robert; Hufford, Diane; Owens, Reginald; Stone, Ralph; Thorn, Chris; Warrington, Chuck;
Lynn; Mort; Vicki
info memo 7/18
From:
Sent:
To:
Cc:
~
infomem07162003.
doc
1
.
.
I SPACES
minimum
I unit
I unit or 82 total
C. FLEXIBILITY STANDARDS FOR ATTACHED DWELLINGS IN THE DOWNTOWN
DISTRICT (Section 2-902.C):
1. Height: The increased height results in an improved site plan and/or improved design
and appearance;
The proposed height for the attached dwelling units is between twenty-four and thirty feet
or two stories. The Community Development Code allows for thirty to fifty feet in height
along with the Downtown Redevelopment Plan allowing for six stories. This proposed
height will be a good transition in scale from the more intense elevation permitted to the
south and the existing single-family dwellings to the north.
2. All street frontage is designed and used for commercial purposes or is designed so
that the use functions in a way which will contribute to an active urban street
environment;
The proposed attached dwellings are designed to front along Laura and Grove Street. The
parking has been placed internal to the development, which will allow for the attached
units to be positioned at a lesser front setback. By limiting the ingress and egress locations
to Martin Luther King Jr. Avenue and Booth Avenue, this will also help contribute to an
active urban street environment. This design helps to create and facilitate a streetscape that
is oriented more toward the human scale by placing parking internal on the site.
3. Off-street parking: Adequate parking is available on a shared basis as determined by
all existing land uses within 1,000 feet of the parcel proposed for development or
parking is available through any existing or planned and committed parking facilities
or the shared parking formula in Article 3, Division 14;
The parking required for attached dwellings in the Downtown District is 1-1.5 spaces per
unit. There are 82 parking spaces provided to accommodate the 47 attached dwelling units.
This averages to be 1.7 spaces per unit, exceeding the requirement by code.
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
The 47 attached dwelling units are designed to create a more pedestrian oriented
development within the Downtown. By staggering the units at various front setbacks along
Laura and Grove Street and placing parking internal to the site, this will encourage a
pedestrian friendly environment and create a street frontage catering to the human scale
rather than the automobile. The buildings vary in scale and design, giving the street fayade
more character rather than the uniformity seen in many attached dwellings. The variety in
building design helps to give each individual unit a distinct look in relation to the
development as a whole. The utilities on site and in the right of way will be placed
Staff Report - Development Review Committee - August 14, 2003 - Case FLS2003-07031 - Page 3
.
.
underground to help remove overhead power lines.
D. GENERAL APPLICABILITY (Section 3-913): Conditions which are imposed by the
Community Development Coordinator and the Community Development Board
pursuant to a Level One or a Level Two Approval shall ensure that:
1. The proposed development of the land will be in harmony with the scale, bulk,
coverage, density, and character of adjacent properties in which it is located.
The vacant lot is characterized as a transition edge from the Downtown zoning to
neighboring zoning Districts. It will provide a positive redevelopment example for the
area. The development complies with density and height standards within the Downtown
Zoning District. The scale, bulk and coverage will be in harmony with adjacent properties.
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly impair the value
thereof.
The site is vacant and currently underutilized from a development standpoint. The proposal
will help to enhance the surrounding vicinity by providing 47 new attached dwelling units
within the area. This development will help to encourage revitalization by setting an
example for surrounding property owners. By providing a positive development that is
compatible with surrounding land uses, this will help improve surrounding property values.
3. The proposed development will not adversely affect the health or safety or persons
residing or working in the neighborhood of the proposed use.
The proposed development will have no adverse affect on the health or safety of persons
residing or working in the neighborhood. The placement of parking internal to the site and
the two points of ingress and egress will help to ensure the safety of pedestrians traversing
the sidewalks along the 3.46 acre block.
4. The proposed development is designed to minimize traffic congestion.
The proposal places parking internal to the site and allows for two locations where
automobiles can ingress and egress onto the property. The points of ingress and egress are
placed in an optimal location for traffic to enter and exit the site with regards to
surrounding properties and intersections.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The proposed development is consistent with the community character of the immediate
vicinity. The development pattern envisioned to take place north of Cleveland Street is
lower in scale due to existing single-family development within the area. The proposed
attached dwellings will help to transition from the more intense development-taking place
Staff Report - Development Review Committee - August 14, 2003 - Case FLS2003-07031 - Page 4
.
.
south of the property and the existing single-family dwellings to the north. This can be seen
in the proposed height of two stories and dwelling units at thirteen per acre. The permitted
height and density per acre for the location according to the Downtown Redevelopment
Plan is six stories and fifty dwelling units per acre. This is a well-placed transition.
6. The design of the proposed development minimizes adverse effeCts, including visual,
acoustic and olfactory and hours of operation impacts, on adjacent properties.
The proposal includes 47 attached dwelling units will have no adverse effect on the
surrounding properties from a visual, acoustic, and olfactory standpoint. The surrounding
uses are typically more intense in regards to acoustic, blight, and olfactory within the
Downtown Zoning District
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
August 14, 2003. The Planning Department recommends APPROVAL of the Flexible Standard
Development application to permit 47 attached dwelling units within the Downtown District under
section 2-902.C., with the following bases and conditions.
Bases for Approval:
1. The proposal complies with the Flexible Standard Development criteria as Attached Dwellings
in the Downtown District per Section 2-902.C.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area and will enhance other
redevelopment efforts.
4. The development complies with the Town Lake Residential District ofthe Downtown Plan.
Conditions for Approval:
1. All utilities on site and within the right-of-way are placed underground before C of O.
Prepared by: Planning Department Staff:
Bryan Berry, Planner
S:IPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRCIMartin Luther King N. 100 - Dwntwn LoftslMLK 100
STAFF REPORT.doc
Staff Report - Development Review Committee - August 14, 2003 - Case FLS2003-07031 - Page 5
.
.
August 7, 2003
Mr. Kenneth Roush,
The following are comments generated from the preliminary Development
Review Committee on August 4, 2003. Please be prepared to address these and any other
comments generated at the scheduled Development Review Meeting for 100 Martin
Luther King Jr. Avenue North on August 14,2003 at 10:30. The city requests that
yourself or a representative be present for the Development Review Meeting at 100 South
Myrtle Avenue in Clearwater, FL on the second floor ofthe Municipal Services building.
Please call and verify your time with Sherrie Nicodemus at 562-4582. I look forward to
meeting with you.
The DRC reviewed this application with the following comments:
1. Parks and Recreation:
a) No Comments
2. Stormwater:
a) Collection system in parking lot appears to be undersized.
b) How will site runofftie into town pond?
c) Have buy in details been resolved?
3. Traffic Enl!ineerinl!:
a) Civil site plan must include an outline of the canopy and the columns
supporting the canopy, 9' x 19' parking stalls must be free of intrusions
from columns.
b) Civil and landscape site plans must show 20' x 20' sight visibility
triangles at all street intersections. No structures or landscaping may be
installed which will obstruct views at a level between thirty inches (30")
above grade and eight feet (8') above grade within the sight distance
triangle. (City's Community Development Code, Section 3-904).
c) Do the proposed driveways align with existing driveways or intersections
across the street? Show adjacent driveways.
d) Will this be a gated community? If so provide location of gate and
console operating the gate.
e) Show dimensions on all parking spaces.
f) All of the above to be addressed prior to D.O.
4. General Enl!ineerinl!:
a) Common areas shown on proposed plat don't match the proposed civil
site plan (between units 42 & 43, units 35 & 36, units 4 & 5).
b) Setback shown on sheet C3.1 for unit #23 shows 12 ft. and on plat shows
common area "A" being 12.53 ft.? Unit #24 shows 13 ft. setback on sheet
C3.1 and the plat shows 13.58 ft. for common area "A"?
c) Common area "C" exactly shows 10.0 ft. on both the plat and sheet C3.1?
.
.
d) Notes "saw cut match existing" for both drive aprons on Martin Luther
King, Jr. Ave. North and Booth Avenue must read, "remove to the nearest
joint"!
e) Down ramps at the drive aprons @ street right-of-ways to meet A.D.A.
requirements and installed in alignment with existing sidewalk.
f) Entrance islands: Are they going to have a radius at the end or are they
going to be squared off?
g) All water meters should be shown off of the existing water mains within
the public right-of-way of Laura Street and Grove Street (Ordinance
Section 32.096 and Redevelopment Code Section 3-806). The proposed
fire hydrants may be relocated closer to Booth Ave and Martin Luther
King Jr. Avenue and may be installed without connecting them with a
loop around the pool area.
h) Need to add a note "Core" existing manhole for proposed 8" sanitary
sewer main connection.
i) The current address for this property is 100 Martin Luther King, Jr.
Avenue North.
5. Plannine::
a) Need 4 handicap parking spaces based on the 82 parking spaces shown
per (Section 3-1409). Place another one on the western half of the parcel.
b) Need a scaled drawing showing height.
c) Submit proposed project value.
d) Chain link fences are prohibited in the Downtown District per (Section 3-
805). Is this a construction chain link fence or part ofthe internal design.
e) Any proposed signage for the development?
f) Will either of the entrances off Martin Luther King Jr. Avenue or Booth
Avenue be gated?
g) Utilities underground.
h) Limit the colors of the fayade to four or five and remove the intense
colors.
i) How will colors be managed if future owner wants to repaint with a new
color?
6. Solid Waste:
a) Dumpster enclosures will not work at this angle. Suggest compactor for
entire complex at east dumpster site
7. Land Resources:
a) Tree survey is incomplete and inaccurate, 3 trees did not get surveyed and
a sampling ofDBH was off by 5 inches.
b) Tree inventory required prior to any site design. I conducted an inventory
for you which revealed that some trees designated to be preserved should
be removed because of there poor condition. Obtain a copy of my
inventory and revise plans accordingly. Consideration must be given to
the critical root zones and canopies of these trees in regard to the
locations of utilities and vertical structures.
c) Provide a Tree Preservation Plan. This plan must show how the proposed
building, parking, storm water and utilities impact the critical root zones
.
.
(drip lines) and how you propose to address these impacts ie; crown
elevating, root pruning and/or root aeration systems. Other data required
on this plan must show actual tree barricade limits (2/3 of the drip line
and/or in the root prune lines if required), and the tree barricade detail.
And any other pertinent information relating to tree preservation.
8. Environmental:
a) No water quality treatment on plans- interested in town lake buy in (prior
to building permit)?
b) Pay prior to building permit.
9. Fire:
a) Provide 24 ft fire department access on the Booth Av. and MLK Av.
entrances.
10. Community Response:
a)
11. Landscapin2:
a) Live oaks (QV) are indicated within 35' of one another, suggest removing
several from plan or relocating to elsewhere on the site.
b) Sabal palms (SP) are shown as individual or in groups of two, Code
requires groupings of three to meet the tree requirement for perimeter
plantings. Please adjust by adding additional palms to the groupings.
c) Crepe Myrtle (CM) is shown as individual plants, Code requires
groupings of two to meet the tree requirement for perimeter plantings.
Please adjust by adding additional plants to the groupings. In some cases
adjusting the distance separation between the plants can be adjusted to
bring them into compliance.
d) Make appt. to meet with Arden Dittmer to discuss more detail (562-4567,
x2563).
NOTES:
. Code summary to reflect adherence with FFPC-2001
. TIF to be determined and paid prior to C.O.
Sincerely,
Bryan Berry
Planner
.
.
D.,G~_
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FINALC~l. TXT
To: Dalit Bar
Cc: Fierce, Lisa; Parry, Mark; clayton, Gina
subject: RE: Downtown Lofts
Dear Dalit,
The planning Department has reviewed the colored elevations submitted on
November 20th. As you know the city of clearwater is in the process of adopting a
Downtown Redevelop,ment plan with design guidelines and has determined the color
"Barcelona (7296) I is not in compliance with the downtown design guidelines intent.
The reamining five colors (palest sunset, cajun spice, Bay Bridge, candle Glow, and
porn Porn orange) are approved.
The final submittal should provide elevations for Laura, Booth, MLK Jr. and
cleveland Street that are to scale. These elevations should contain a section
depicting the color pattern of each building facade. These colored renderings can be
hand colored with a pencil, marker, etc. that most resembles each of the five
approved colors mentioned above.
Some of the other topics to be addressed were materials such as glass, trim,
gate, etc. These things can be shown simply by supplying a catalog or vendor picture
of the materi al .
I have the six color swatches and colored sections you left from the November
20th meeting. I will hold them for someone to pick up or they can be mailed back to
you. please let me know if you have any questions or comments with regards to this
email or exactly what needs to be submitted. Thank you.
sincerely,
Bryan Berry
planner
city of Clearwater planning Department
(727) 562-4539
If)1
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I
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i",./
-----original Messa~e-----
From: Dalit Bar [mallto:clwvillage@intnet.net]
Sent: wednesday, December 03, 2003 9:57 AM
TO: Berry, Bryan
subject: Re: Downtown Lofts
/
Good morning, Bryan.
Thank you for your quick
I'll be pati ent. . .
Best,
Dalit.
answer.
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----- original Message -----
From: "Berry, Brr.an" <BBerry@clearwater-fl.com>
TO: "'Dalit Bar' I <clwvillage@intnet.net>
Sent: wednesday, December 03, 2003 8:50 AM
subject: RE: Downtown Lofts
> Good morning Dalit,
> I have not forgotten about our meeting but am unable to ~ive you an
> answer as of yet. The department is in the process of reviewlng the
> submittal and will contact you as soon as possible. Thanks for your
> patience.
>
> Sincerely,
>
> Bryan Berry
page 1
I __
.
.
FINALC~l.TXT
>
>
>
>
>
>
>
>
> Bryan hello.
>
> I'm writing- you- because this is the only email address that I have.
> Hope it is OK.
> It's been a while since our last meeting about the colors for the
'Downtown
> Lofts' project.
> We are waiting to get your approval, so we can move on with what you had
> asked us to preper for you.
>
>
>
>
-----original Messa~e-----
From: Dalit Bar [mallto:clwvillage@intnet.net]
Sent: Tuesday, December 02, 2003 5:09 PM
To: Berry, Bryan
subject: Downtown Lofts
please let me know.
Thanks,
Dalit.
page 2
.
.
From:
Sent:
To:
Subject:
Dalit,
Thank you for meeting with myself, Lisa Fierce, and Mark Parry. I have made a list
summarizing the things we discussed on Tuesday October 14. The two colors needed to be
removed from the design were purple and roasted pepper. The roofing needs to be a color that is
compatible with the proposed colors of the building and also characteristic of the surrounding
downtown. The blue chosen for the doors and window framing seemed to be an agreed upon
color for the roofing during the meeting but the Planning Department will need to see a revised
sectional elevation depicting the proposed colors (minus the purple and roasted pepper) and
(blue) roofing together. Please feel free to try additional color schemes for the roofing.
Provide detailed sheets with dimensions and elevations. This sheet should include details of
the false architectural overhangs and balconies on the front facades. It should also include
revised detailed dimensions of the side entrances and proposed gate since what was submitted
and discussed at the meeting is not correct. If you have any questions regarding these comments
or any others, please contact me. Thank you.
Berry, Bryan
Wednesday, October 15, 2003 10:08 AM
'clwvillage@ intnet. net'
100 MLK (Downtown Lofts)
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
.
.
Page 1 of 2
From: Berry, Bryan
Sent: Wednesday, October 15, 2003 8:34 AM
To: 'Alejandra Garcia'
Subject: RE: Downtown Lofts
Hello Alejandra,
Here are the updated comments from Land Resource:
10/14/03 - Revise tree canopy limits, place a note on the plans to reflect that root pruning to be performed at all
grade cuts, ie, footers or utilities. Also place a note to reflect that ANSI 300 pruning standards to be performed on
evevated trees.
Please supply the Planning Department with 3 sets (Planning, Landscaping, and Land Resource). The other
comment was in regards to the Town Lake Buy In application. Let me know if you need another application?
Myself, Lisa Fierce, and Mark Parry spoke with Dalit yesterday about the proposed colors. There is still a hold in
Planning regarding that and I will email Dalit today, summarizing our conversation yesterday and giving details of
what needs to be revised and submitted.
Let me know if you have any questions? Thanks.
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
-----Original Message-----
From: Alejandra Garcia [mailto:nesale@mindspring.com]
Sent: Tuesday, October 14, 20034:35 PM
To: Berry, Bryan
Subject: Re: Downtown Lofts
Hello Bryan:
Could you please let me know how many set of plans
you need for this revision?
(case:FLS2003-07031 Downtown Lofts)
Thank you.
Alejandra Garcia
Northside Engineering Services, Inc.
601 Cleveland Street
Suite 930
Clearwater FL 33755
Ph. 727-443-2869
Fax. 727-446-8036
----- Original Message -----
From: Berry. Bryan
To: 'Aleiandra Garcia'
Sent: Friday, October 10, 2003 7:59 AM
Subject: RE: Downtown Lofts
Alejandra,
Good morning. Land Resource is the only other department that has not reviewed the new revisions.
The following 3 departments still have holds and are as follows.
file:1 IS: \Planning% 20Department\C% 20D% 20B\Standard % 20Flex\Pending% 20Cases\2 %... 12/9/2003
.
.
Page 2 of 2
Environmental
No water quality treatment on plans- interested in town lake buy in?
1) 10/03/03 APPLICATION MUST BE SIGNED AND SUBMITTED
2) BUY IN COST WILL BE APPORTIONED PER DWELLING UNIT AND PAYABLE AT TIME OF
BUILDING PERMIT FOR EACH INDIVIDUAL UNITS BEING PERMITTED
Landscape:
10/09/03 - (A_D)
There are several places where oaks are more suitable on the interior of the site than some of the
trees being proposed.
Interior islands have been reduced and there is now an area east of the pool that may be a parking
space or landscape (not shown), please make corrections to plan accordingly.
The number of hibiscus has been increased, and since this plant has a tendency to freeze, change to
a more tolerant plant material. (viburnum or podocarpus)
Crepe Myrtle (CM) are shown in sight triangles, this is a hazard and should be changed to another
type of tree.
Planning:
Sheet C3.1 (Comment based on revised site plan received 10/2/2003) Remove the one parking space
in the upper northeast corner. This will cause a problem with residents backing out of that space and
seconds later a resident opens gate to enter. Remove the space or move the gate, revise site plan and
resubmit sheet.
Per conversation and meeting with Dalit on Tuesday August 26th a colored sectional of the building
depicting the final colors to be used on the building, trim, roof, etc. was to be resubmitted. (Received the
colored sectional elevation and am scheduled to meet with Dalit on Tuesday, October 14th at 3:00 to
further discuss colors)
Let me know if you have any questions regarding these comments and when I could possibly expect
these comments to be answered. I will send you Rick Albee's comments from Land Resource as soon as
he reviews the revised plans. Thanks and have a good day.
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
-----Original Message---n
From: Alejandra Garcia [mailto:nesale@mindspring.com]
Sent: Thursday, October 09, 2003 4:40 PM
To: Berry, Bryan
Subject: Downtown Lofts
Hello Bryan:
Could you please send me a status report of case:FLS2003-07031 (Downtown Lofts Project)?
Sorry for the inconvenient
Thank you very much.
Alejandra Garcia
Northside Engineering Services, Inc.
601 Cleveland Street
Suite 930
Clearwater FL 33755
Ph. 727-443-2869
Fax. 727-446-8036
file:1 IS: \Planning% 20Department\C% 20D% 20B\Standard% 20Flex\Pending% 20Cases\2 %... 12/912003
.
.
Fierce, Lisa
From:
Sent:
To:
Subject:
Berry, Bryan
Wednesday, October 08,20032:59 PM
Fierce, Lisa
Downtown Lofts at 100 MLK Colors?
I spoke with Dalit earlier today and will be scheduling a meeting within the coming week to discuss some of the proposed
colors. Would you like to attend? If so what time and day would work best for you? Thanks.
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
1
.
.
Fierce, Lisa
Subject:
Berry, Bryan
Friday, October 03, 2003 7:39 AM
Berry, Bryan; Albee, Rick; Anderson, Duanne; Bahnick, Glen; Barker, Brian A.; Berry, Bryan;
Bertels, Paul; Carrier, AI; Clayton, Gina; 'Dittmer, Arden'; Elbo, Bennett; Fierce, Lisa; Finch,
Terry; Gerlock, Frank; Glenn, Tom; Hufford, Diane; Maran, Robert (Bob); Mariano, Marc;
Martens, Cory; Melone, Donald; Morris, William; Reynolds, Mike; Rice, Scott; Richter, Debbie;
Shoberg, Elliot E.; 'Wells, Wayne'; Yellin, Catherine
RE: FLS2003-07031 (100 Martin Luther King Jr. Ave) Downtown Lofts
From:
Sent:
To:
Since all this review requires is checking off to see if your comments have been met please see me and review these
comments ASAP or no later than Wed. October 9th. Thanks.
Bryan Berry
Planning Department
-----Original Message-----
From: Berry, Bryan
Sent: Thursday, October 02,20033:38 PM
To: Albee, Rick; Anderson, Duanne; Bahnick, Glen; Barker, Brian A.; Berry, Bryan; Bertels, Paul; Carrier, AI; Clayton, Gina; Dittmer,
Arden; Elbo, Bennett; Fierce, Lisa; Finch, Terry; Gerlock, Frank; Glenn, Tom; Hufford, Diane; Maran, Robert (Bob); Mariano,
Marc; Martens, Cory; Melone, Donald; Morris, William; Reynolds, Mike; Rice, Scott; Richter, Debbie; Shoberg, Elliot E.; Wells,
Wayne; Yellin, Catherine
Subject: FLS2003-07031 (100 Martin Luther King Jr. Ave) Downtown Lofts
Revisions were brought in today for this case FLS2003-07031 100 Martin Luther Kind Jr. Ave.(Downtown Lofts). I have
the plans at my desk so please see me and pick up a revised packet for review. Thank you.
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
1
Fierce, Lisa
.
.
From:
Sent:
To:
Subject:
Berry, Bryan
Thursday, October 02, 2003 3:38 PM
Albee, Rick; Anderson, Duanne; Bahnick, Glen; Barker, Brian A.; Berry, Bryan; Bertels, Paul;
Carrier, AI; Clayton, Gina; Dittmer, Arden; Elbo, Bennett; Fierce, Lisa; Finch, Terry; Gerlock,
Frank; Glenn, Tom; Hufford, Diane; Maran, Robert (Bob); Mariano, Marc; Martens, Cory;
Melone, Donald; Morris, William; Reynolds, Mike; Rice, Scott; Richter, Debbie; Shoberg, Elliot
E.; Wells, Wayne; Yellin, Catherine
FLS2003-07031 (100 Martin Luther King Jr. Ave) Downtown Lofts
Revisions were brought in today for this case FLS2003-07031 100 Martin Luther Kind Jr. Ave.(Downtown Lofts). I have the
plans at my desk so please see me and pick up a revised packet for review. Thank you.
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
1
Nonhsille
&~~ s~ 1He,
.
CIVIL.
LAND PLANNING.
ENVI RONMENTAL ·
TRANSPORTATION ·
November 4, 2003
Mr. Bryan Berry
City of Clearwater Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756
rr--~::~-_.
71
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Reference: Downtown Lofts
Case: FLS2003-07031/PL T2003-00008
.\
NOV 0 ~ 2003
Subject:
Transmittal of Revised Landscape and Site Plan.
Dear Mr. Berry:
Please find enclosed with this letter a revised Landscape Plan (latest revision
10/24/03) and revised Site Plan Sheet C3.1 (latest revision 10/29/03):
The discussion between Mr. Arden Dittmer and Alejandra Garcia on
October 29th regarding landscape changes, are addressed as follows:
1. Sod is now shown on south-west corner of the ROW.
2. Car wash dedicated area with turf block is now labeled.
3. Car wash on the east side has been removed. Plants are equally displayed
at pool entrances, 6 more SP at the east side of the pool are now shown.
4. Podocarpus and Hibiscus now are shown around the pool perimeter area.
5. Plant Schedule Table has been revised.
6. PO now is shown on the table.
7. Scale of the plan has been revised.
Design Architect Comments/Changes:
8. Sidewalks at east and west entrances to the project have moved 4' away
from the back of the curb.
Revisions 3 and 8 are clouded on revised Sheet C3.1. Landscape revisions are shown
on the revised Landscape Plan.
Thank you for your prompt attention to this matter. We anticipate an expeditious issuing
of the Development Order.
KHRag
SERVICES, INC.
601 CLEVE LAN D STRE ET, SU ITE 930
CLEARWATER, FLORIDA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
Nonhlide
&~ Sewic& 1Ht.
.
CIVIL.
LAND PLANNING.
ENVI RONMENTAL ·
TRANSPORTATION.
. ,0._"'."'_ ,~~...~..~_._-~..,.....,.,.(..,
October 15, 2003
Mr. Bryan Berry
City of Clearwater
Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756
ocr Z 4 lU03
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Reference: Downtown Lofts
Case: FLS2003-07031/PL T2003-00008
Subject: Transmittal of Revised Site/Civil Plans and Information
Request for Development Order and Final Plat Approval
Dear Mr. Berry:
Thank you for your emails on October 10th and 15th. Please find enclosed
with this letter:
3 Each
Revised Site/Civil Plans C2.1 , C3.1 , C5.1, C5.2, (latest
revision 10/10/03)
Revised Landscape Plans
Final Plat
Town Lake Buy-In Application. (Original)
Town Lake Buy-In Application. (Copy)
3 Each
3 Each
1 Each
3 Each
The additional comments from the DRC are addressed as follow:
Environmental:
1. Application is signed and submitted along with this letter.
2. The agreed Buy-in Cost will be apportioned per dwelling groups and
payable at the time of building permit.
Plannina:
3. The Parking space in the upper northeast corner has been relocated to
the area facing the west side of the pool. See revised Sheet C3.1.
Land Resource:
4. The tree canopy limits have been revised. A note is shown on Sheets
C5.1 & C5.2 to direct that root pruning be performed at all grade cuts, i.e.
footers and utilities according to ANSI 300 pruning standards.
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORIDA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
.
.
Downtown Lofts
Page 2.
5. Tree #10 was re-rated per Mr. Rick Albee on October 10, 2003. It is now
shown on Sheet C2.1 to be removed.
6. Tress #4 & #7 will be removed from the proposed median and replaced.
7. City's Tree #16 to be demolished but no replacement is required.
Landscapi na:
8. These comments have been addressed by the landscape designer. Their
re-submittal is included.
Owner's Architect:
9. Interior Property Line on dwelling units number 6, 15, 30 and 39 have
been moved to provide more common landscape area. See Sheet C3.1.
Also a revised plat is provided with this letter.
10. Finish floor elevation on dwelling units number 4, 9, 12, 19, 26, 33, 36 and
43 have been raised approximately 16" (sixteen inches) for architectural
purposes.
11.lt is agreed that the final selection of colors will be agreed by you, Lisa
Fierce, Mark Parry and Dalit.
We look forward to your review of these comments and plan changes, and
issuing a Development Order and Final Plat approval.
Sincer Iy,
NO HSIDE ENGINEERI
KHRag
cc. Mr. Reichel
SERVICES, INC.
. . "
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Engineering Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4747
Fax: 727-562-4755
OCT 2 4 2003
SUBMIT ORIGINAL SIGNED AND NOT ARlZED APPLICATION
SUBMIT 3 COPIES OF THE ORGINIAL APPLICATION INCLUDING SITE PLANS
CLEARWATER DOWNTOWN STORMW ATER
SERVICE DISTRICT APPLICATION
-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION
APPLICANT NAME: Clearwater Vi llage, L. C.
MAILING ADDRESS: 423 Cleveland St. Clearwater FL 33755
bud@clearwatervillage.com
E-MAIL ADDRESS: PHONE NUMBER; 727-449-2794
CELL NUMBER:
727-638-9062 727-449-2794
FAX NUMBER:
Clearwater village, L.C.
PROPERTY OWNER (S):
(Must include ALL owners)
AGENT NAME (S): Northside Engineering Services, rnc.
MAILING ADDRESS:
601 Cleveland St., Suite 930 Clearwater FL 33755
kroush@northside
E-MAIL ADDRESS: engineering. com
PHONE NUMBER: 727-4432869
CELL NUMBER: 727-463-1436
FAXNUMBER; 727-446-8036
Form 1365-0001 Rev. 8/03
1
. .'
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B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS of the subject site:
Lots 1 Through S, Indusive, Block 2, R.J, Booth Subdivision, According To The Plat Thereof As Recorded In Plat Book 9, 22, Public
Records Of Pinellas County, Florida: And Lots 1 Through 10 Indusive, Block 2 Mrs. Sarah McMullen's Subdivision, According To
The Pial Thereof As Recorded In Plat Book 1, Page 41, Public Records Of Pinellas County, Florida; Less & Except The South 10'
LEGAL DESCRIPTION: Of Lots S, 7, 8, 9, & 10, Black 2, Of Said Mrs. Sarah McMullen's Subdivision & The South 10' Of LotS, Blodk 2, Of Said R.J. Booth
. Subdivision; And The East 1 0' Of Lots 1 & 10, Blodk 2 Of Said Mrs. Sara McMullen's Subdivision, Conveyed To The City Of
Clearwater For ROW Pur oses B Deed Recorded In Official Record Book 413B, Pa e 11S, Pinellas Count Florida.
46 Residential Town Homes
0.88 Ac. Building Coverage
100 N. Martin Luther King Jr. Ave
PROPOSED USE and SIZE (type of business,
number of dwelling units, acreage of building)
(:Former CW
High School)
EXISTING
square feet
IMPERVIOUS AREA
PROPOSED
square feet
99,325
51,318
BUILDING/SIDEWALK
VEcmCLE USE AREA
N/A
POND AREA
o
32,097
o
IMPERVIOUS TOTAL
99,325
83,415
PERVIOUS AREA
52,192
53,982
TOTAL SITE AREA acreage
3.48Ac.
Form 1365-0001 Rev. 8/03
2
{ , .. '"
-
.
ADDITIONAL POLLUTION CONTROL PROGRAMS:
(e.g. covered parking, well car program, xeriscape landscaping)
* Covered Parking: 15,674 S.F.
* Dedicated Car Wash Area: 474 S.F.
* Downspouts with Grass Discharge: 46 Units
* Dedicated Green Space: 4,000 S.F.
C. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best
of my knowledge and authorize City representative to visit an oto r h the property described in this application.
, )
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this ~ day of a::.t"~ A.D.
-euO CtI '- , who ~~..,d.y lUl~s produced
20 ~ to me and/or by
as identification.
Form 1365-0001 Rev. 8/03
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Engineering Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4747
Fax: 727-562-4755
OCT 2 4 2003
SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
SUBMIT 3 COPIES OF THE ORGINIAL APPLICA nON INCLUDING SITE PLANS
CLEARWATER DOWNTOWN STORMW ATER
SERVICE DISTRICT APPLICATION
~PLEASE TYPE OR PRINT ~
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION
APPLICANT NAME: Clearwater Village, L.C.
MAILING ADDRESS: 423 Cleveland St. Clearwater FL 33755
bud@clearwatervillage.com
E-MAIL ADDRESS: PHONE NUMBER: 727-449-2794
CELL NUMBER:
727-638-9062 727-449-2794
FAX NUMBER:
Clearwater Village, L.C.
PROPERTY OWNER (S):
(Must include ALL owners)
AGENT NAME (S): Norths ide Engineer ing Services, rnc.
MAILING ADDRESS:
601 Cleveland St., Suite 930 Clearwater FL 33755
kroush@northside
E-MAIL ADDRESS: engineering. com
PHONE NUMBER: 727-4432869
CELL NUMBER: 727-463-1436
FAX NUMBER: 727-446-8036
Form 1365-0001 Rev. 8/03
1
.' ,
.
,'; ';..
.
.
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS of the subject site:
Lots 1 Through 6, Indusive, Block 2, R.J. Booth Subdivision, According To The Plat Thereof As Recorded In Plat Book 9, 22, Public
Records Of Pinellas County, Florida: And Lots 1 Through 10 Indusive. Block 2 Mrs. Sarah McMullen's Subdivision, According To
The Plat Thereof As Recorded In Plat Book 1, Page 41, Public Records Of Pinellas County, Florida; Less & Except The South 10'
LEGAL DESCRIPTION: Of Lots 6, 7, 8, 9, & 10, Block 2, Of Said Mrs. Sarah McMullen's Subdivision & The South 10' Of Lot 6, Block 2. Of Said R.J. Booth
Subdivision; And The East 10' Of Lots 1 & 10, Block 2 Of Said Mrs. Sara McMullen's Subdivision, Conveyed To The City Of
Clearwater For ROW Pur oses B Deed Recorded In Official Record Book 4138, Pa e 116, Pinellas Count Florida.
46 Residential Town Homes
0.88 Ac. Building Coverage
100 N. Martin Luther King Jr.
Ave
PROPOSED USE and SIZE (type of business,
number of dwelling units, acreage of building)
(:Former CW
High School)
EXISTING
square feet
IMPERVIOUS AREA
PROPOSED
square feet
99,325
51,318
BUILDING/SInEW ALK
VEcmCLE USE AREA
N/A
POND AREA
o
32,097
o
IMPERVIOUS TOTAL
99,325
83,415
PERVIOUS AREA
52,192
53,982
TOTAL SITE AREA acreage
3.48Ac.
Form 1365-0001 Rev. 8/03
2
I; \ ~,.
.
.
ADDITIONAL POLLUTION CONTROL PROGRAMS:
(e.g. covered parking, well car program, xeriscape landscaping)
* Covered Parking: 15,674 S.F.
* Dedicated Car Wash Area: 474 S.F.
* Downspouts with Grass Discharge:
46 Units
* Dedicated Green Space: 4,000 S.F.
c. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best
of my knowledge and authorize City representative to visit an oto r h the property described in this application.
, )
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this ~ day of ~~ A.D.
-euo CII '- , who ~s_....Uy .lU~s produced
20~ to me and/or by
as identification.
fn JEFfREY lZIO
~Y\MY Comm Exp. 11/14/05
, . No. DO 066817
Iy Known II Other I.D.
Form 1365-0001 Rev. 8/03
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October 7, 2003
Mr. Bryan Berry
City of Clearwater
Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756
Reference: Downtown Lofts
Case: FLS2003-07031 /PL T2003-00008
Subject: Transmittal of Colors and Fa<;ade Plan
Dear Mr. Berry:
.
CIVIL.
LAN D PLANNING.
ENVI RON MENTAL ·
TRANSPORTATION ·
11nl..I... ~ ~_~tIW ~ rn
\1"'1 ~
\ If\l OCT 0 7 l003
I \, "
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. n'.":I,VFf\!ucf.i ~eR"lces DEPT
i vI: ....tlIV Of CLEARWATER
Thank you for your call last week. Please find enclosed with this letter two
(2) color renderings of one set of dwelling units. They will be mirrored, with some
modification for existing trees, for the remaining group on both Laura and Grove
Streets. As noted on the rendering by the designer, any color changes from what
is presented will be submitted to the city for approval.
We look forward to hearing your approval soon.
Sincerely,
NORTHSIDE ENGINEERING SERVICES, INC.
~
Alejandra Garcia, EIT
AGG:ag
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORI DA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
Norlhside
&~~ Sew.ite4 11tt,
.
CIVIL.
LAND PLANNING ·
ENVI RONMENTAL ·
TRANSPORTATION ·
October 2, 2003
Mr. Bryan Berry
City of Clearwater
Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756
: :r
II OCT 8 2 2003
,. ",
." ..-.."'.......r.'-~-...-""'.,.,,- ~ ,...-----:~~._-
Reference: Downtown Lofts
Case: FLS2003-07031/PL T2003-00008
Subject: Transmittal of Site/Civil Plans and Information
Request for Development Order and Final Plat Approval
Dear Mr. Berry:
Enclosed with this letter are the following:
9 Each
Revised Site/Civil Plans Sheets C1.1, C1.2, C2.1, C3.1,
C5.1, C5.2, C6.1, C6.2 (latest revision 08/14/03)
Landscape Plans (Revised 09/16/03)
Final Plat
9 Each
9 Each
We addressed the comments from the August 14, 2003 DRC in the plan
revisions, and are discussed below.
Stormwater:
At a meeting with Elliott Shoberg on September 8, 2003 we were directed
to pipe the site runoff to the existing storm manhole on Laura Street (part of the
Jones Street basin), approximately 100 feet west of the site. This piping system
has been designed and added to the plans. Additionally, the majority of the
surface runoff within the site is now proposed to be piped to a new storm
manhole with the Booth Avenue right of way. See Sheet C5.1.
Buy-in details were also discussed with Terry Finch at the same meeting.
Methods to mitigate the impacts were discussed. We are currently researching
potentially lower surface run-off with the use of pervious concrete at all covered
parking areas, patios and sidewalks. If our studies show that there is not a future
maintenance problem, pervious concrete will also be used in the uncovered
parking stalls and around the pool area. It had been previously agreed between
Environmental Engineering (Ms Finch) and the owners (by Mr. Reichel) that the
final calculated buy-in cost will be apportioned per dwelling unit and payable at
the time of permitting for the individual units being permitted.
601 CLEVELAND STREET, SUITE 930
CLEARWATER, FLORIDA 33755
N ESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
.
.
Downtown Lofts
Page 2.
Traffic EnQineerinQ:
a) The canopy outline is shown on Sheet C3.1 as a dashed line.
Columns are shown as 4" x 4", and a striping layout detail is
provided on Sheet C6.2.
b) The 20' x 20' sight triangles are shown on Sheet C3.1 at the exit
drives at Booth Avenue and Dr. Martin Luther King, Jr. Avenue,
c) There are no intersections or drives to align with the proposed
drives.
d) Yes, the community will be gated. Gate locations are shown on
sheet C3.1. and also shown in an elevation view on sheet C7.1.
The entry console will be located in the median island separating
the entrance and exit drives.
e) Parking space dimensions are shown (9'x19' free of intrusions from
columns). See Sheet C3.1 & C6.2.
General EnQineerinQ:
a) The areas and dimensions on the plat now match the civil site
plans.
b) Discrepancies in setbacks between the plat and the civil site plans
have been corrected.
c) Common area "c" (now called Tract "B") is 10.00' feet on both the
plat and civil site plans.
d) The "remove to the nearest joint" note has been added.
e) The down ramps at the drive aprons for both drives are designed
per ADA standards, and are now in alignment with the existing
sidewalks.
f) The entrance islands are shown with a radius.
g) The water meters are now shown off the existing mains on Laura
Street and Grove Street. Per discussions with Mr. Anderson at the
DRC meeting, fires will be fought from the Laura Street and Grove
Street sides of the property. The existing four hydrants at the
corners of the property were considered adequate. Therefore, the
interior fire hydrants were deleted from the plan.
h) The "core" note has been added to Sheet C5.1.
.
.
Downtown Lofts
Page 3.
PlanninQ:
a) Four handicap spaces are now provided on the plan.
b) A scaled drawing showing height has been provided by the
designer as Sheet C7.1 .
c) Proposed project value will be $3,681,000.
d) No chain link is being proposed The perimeter fence design will be
decorative, made of galvanized aluminum, and is provided by the
designer on Sheet C7.1. Interior fence design will be forwarded by
the designer to the city for review when the design is completed.
e) Signage is proposed at the east and west entrances only, and is
limited to the Downtown Lofts logo.
f) Both entrances and exits will be gated. Proposed locations of the
gates are shown on Sheets C3.1 and C7.1.
g) Underground utilities are proposed.
h) Colors of the fa9ade were discussed at the DRC meeting. Intense
colors were removed.
i) Details of the wording regarding control of repainting and exterior
colors will be through the future Homeowner Association
Documents. It is proposed that all repainting will be contracted
through the homeowner association only.
Solid Waste:
a) The layout of the dumpster enclosures remains as shown at the
DRC meeting. Two 4 cy dumpsters on wheels will be placed in each enclosure.
The pick-up schedule can be worked out with Tom Glenn.
land Resources:
a) The tree survey has been corrected with Mr. Albee's help.
b) Mr. Albee's tree inventory was used to revise the plans and remove
trees in poor condition.
c) Tree Preservation Plan: At present no root pruning is proposed for
building foundations, though Unit 22 will require inspection at the
time of layout to confirm this. Unit 5, shown in the first submittal,
has been deleted from the project to protect the existing trees to
remain. Where utilities impact the critical root zones (none is
anticipated), root pruning is proposed. Additional information is
provided on Sheet C1.2, and detailed on Sheet C6.2.
.
.
Downtown Lofts
Page 4.
Environmental:
a) The buy-in to the Town Lake fund is proposed.
Fire:
a) As discussed at the ORe meeting, fire fighting will occur from the
Laura Street and Grove Street sides of the project. A fire department access is
not provided at Booth Avenue and MLK Avenue. The interior fire hydrants have
also been deleted.
Landscapina:
a) These comments have been addressed by the landscape designer.
Their re-submittal is included.
We look forward to your review of these comments and plan changes, and
issuing a Development Order and Final Plat approval.
KHR:ag
cc. Mr. Reichel
G SERVICES, INC.
.
.
From:
Sent:
To:
Subject:
Dalit,
Thank you for meeting with myself, Lisa Fierce, and Mark Parry. I have made a list
summarizing the things we discussed on Tuesday October 14. The two colors needed to be
removed from the design were purple and roasted pepper. The roofing needs to be a color that is
compatible with the proposed colors of the building and also characteristic of the surrounding
downtown. The blue chosen for the doors and window framing seemed to be an agreed upon
color for the roofing during the meeting but the Planning Department will need to see a revised
sectional elevation depicting the proposed colors (minus the purple and roasted pepper) and
(blue) roofing together. Please feel free to try additional color schemes for the roofing.
Provide detailed sheets with dimensions and elevations. This sheet should include details of
the false architectural overhangs and balconies on the front facades. It should also include
revised detailed dimensions of the side entrances and proposed gate since what was submitted
and discussed at the meeting is not correct. If you have any questions regarding these comments
or any others, please contact me. Thank you.
Berry, Bryan
Wednesday, October 15, 2003 10:08 AM
'clwvillage@intnet.net'
100 MLK (Downtown Lofts)
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
.
.
.
.
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.
Page 1 of2
From: Berry, Bryan
Sent: Wednesday, October 15,20038:34 AM
To: 'Alejandra Garcia'
Subject: RE: Downtown Lofts
Hello Alejandra,
Here are the updated comments from Land Resource:
10/14/03 - Revise tree canopy limits, place a note on the plans to reflect that root pruning to be performed at all
grade cuts, ie, footers or utilities. Also place a note to reflect that ANSI 300 pruning standards to be performed on
evevated trees.
Please supply the Planning Department with 3 sets (Planning, Landscaping, and Land Resource). The other
comment was in regards to the Town Lake Buy In application. Let me know if you need another application?
Myself, Lisa Fierce, and Mark Parry spoke with Dalit yesterday about the proposed colors. There is still a hold in
Planning regarding that and I will email Dalit today, summarizing our conversation yesterday and giving details of
what needs to be revised and submitted.
Let me know if you have any questions? Thanks.
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
-----Original Message-----
From: Alejandra Garcia [mailto:nesale@mindspring.com]
Sent: Tuesday, October 14, 20034:35 PM
To: Berry, Bryan
Subject: Re: Downtown Lofts
Hello Bryan:
Could you please let me know how many set of plans
you need for this revision?
(case: FLS2003-07031 Downtown Lofts)
Thank you.
Alejandra Garcia
Northside Engineering Services, Inc.
601 Cleveland Street
Suite 930
Clearwater FL 33755
Ph. 727-443-2869
Fax. 727-446-8036
----- Original Message -----
From: Berry. BrygJ}
To: 'Aleiandra Garcia'
Sent: Friday, October 10, 2003 7:59 AM
Subject: RE: Downtown Lofts
Alejandra.
Good morning. Land Resource is the only other department that has not reviewed the new revisions.
The following 3 departments still have holds and are as follows.
file:1 IS: \Planning%20Department\C%20D%20B\Standard%20Flex\Pending%20Cases\2... 10/1512003
.
.
Page 2 of2
Environmental
No water quality treatment on plans- interested in town lake buy in?
1) 10/03/03 APPLICATION MUST BE SIGNED AND SUBMITTED
2) BUY IN COST WILL BE APPORTIONED PER DWELLING UNIT AND PAYABLE AT TIME OF
BUILDING PERMIT FOR EACH INDIVIDUAL UNITS BEING PERMITTED
Landscape:
10/09/03 - (A_D)
There are several places where oaks are more suitable on the interior of the site than some of the
trees being proposed.
Interior islands have been reduced and there is now an area east of the pool that may be a parking
space or landscape (not shown), please make corrections to plan accordingly.
The number of hibiscus has been increased, and since this plant has a tendency to freeze, change to
a more tolerant plant material. (viburnum or podocarpus)
Crepe Myrtle (CM) are shown in sight triangles, this is a hazard and should be changed to another
type of tree.
Planning:
Sheet C3.1 (Comment based on revised site plan received 10/2/2003) Remove the one parking space
in the upper northeast corner. This will cause a problem with residents backing out of that space and
seconds later a resident opens gate to enter. Remove the space or move the gate, revise site plan and
resubmit sheet.
Per conversation and meeting with Dalit on Tuesday August 26th a colored sectional of the building
depicting the final colors to be used on the building, trim, roof, etc. was to be resubmitted. (Received the
colored sectional elevation and am scheduled to meet with Dalit on Tuesday, October 14th at 3:00 to
further discuss colors)
Let me know if you have any questions regarding these comments and when I could possibly expect
these comments to be answered. I will send you Rick Albee's comments from Land Resource as soon as
he reviews the revised plans. Thanks and have a good day.
Bryan Berry
Planner
City of Clearwater
Planning Department
Phone: (727) 562-4539
-----Original Message-----
From: Alejandra Garcia [mailto:nesale@mindspring.com]
Sent: Thursday, October 09, 2003 4:40 PM
To: Berry, Bryan
Subject: Downtown Lofts
Hello Bryan:
Could you please send me a status report of case:FLS2003-07031 (Downtown Lofts Project)?
Sorry for the inconvenient
Thank you very much.
Alejandra Garcia
Northside Engineering Services, Inc.
601 Cleveland Street
Suite 930
Clearwater FL 33755
Ph. 727-443-2869
Fax. 727-446-8036
file:/ /S: \Planning%20Department\C%20D%20B\Standard%20Flex\Pending%20Cases\2... 10/15/2003
.
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CITY OF
CLEARWATER
PlANNING DEPARTMENT
REel:: 1\ /mfI1)FFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
~'dt.~Ms BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
LoNG RANGE PLANNING
DEVELOPMENT REviEW
SEP 0 2 2U03
PLAr,,;..;'~'" ,.,;-\"MENT
CITY OF CLEArt\NATER July 24, 2003
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD
DEVELOPMENT APPROVAL AT 100 N. MARTIN LUTHER KING JR. AVENUE
To Surrounding Property Owners:
As a property owner within 200 feet of 100 N. Martin Luther King Jr. Avenue, the City of Clearwater
Planning Department gives notice that an application for Flexigle Standard Development has been filed
for that property. The request is to permit 47 attached dwelling units within the Downtown District at 100
N. Martin Luther King Jr. Avenue under Section 2-902.C., ofthe Community Development Code.
On August 14,2003 the Development Review Committee (composed of the City's professional staff) will
review and determine whether the application demonstrates compliance with the City's Community
Development Code. Following that review and determination, the Planning Director will issue a
Development Order approving, approving with conditions, or denying the application. The earliest date
that the City will make a decision on the application will be August 14,2003.
The City encourages you to participate in the review process of this application.. You may phone me at
727-562-4539 for further information, visit our office to review the files, and/or submit written comments
to be considered in the City's review of the application.
An appeal of the decision of the Planning Director may be initiated by the applicant or property owners
within the required notice area who present competent substantial evidence at, or prior to, the
Development Review Committee meeting (August 24, 2003). An appeal must be filed, including an
appeal fee, with the Planning Department within seven days of the date of the Development Order.
S:IPlanning Department\C D BIStandard FlexlPendi'}[{.GasesI3 - UpJ.or the Next DRCIMartin Luther King N. 100 - Dwntwn LoftslFLS
BRI,wdjiAltmft5Lel}U "FlJfbt.~~ISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYf HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL)ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
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'11'"
CITY OF
CLEARWATER
LoNG RANGE PlANNING
DEVELOPMENT REvIEW
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUHnING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
July 24, 2003
RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD
DEVELOPMENT APPROVAL AT 100 N. MARTIN LUTHER KING JR. AVENUE
To Surrounding Property Owners:
As a property owner within 200 feet of 100 N. Martin Luther King Jr. Avenue, the City of Clearwater
Planning Department gives notice that an application for Flexible Standard Development has been filed
for that property. The request is to permit 47 attached dwelling units within the Downtown District at 100
N. Martin Luther King Jr. Avenue under Section 2-902.C., of the Community Development Code.
On August 14,2003 the Development Review Committee (composed of the City's professional staff) will
review and determine whether the application demonstrates compliance with the City's Community
Development Code. Following that review and determination, the Planning Director will issue a
Development Order approving, approving with conditions, or denying the application. The earliest date
that the City will make a decision on the application will be August 14,2003.
The City encourages you to participate in the review process of this application.. You may phone me at
727-562-4539 for further information, visit our office to review the files, and/or submit written comments
to be considered in the City's review of the application.
An appeal of the decision of the Planning Director may be initiated by the applicant or property owners
within the required notice area who present competent substantial evidence at, or prior to, the
Development Review Committee meeting (August 24, 2003). An appeal must be filed, including an
appeal fee, with the Planning Department within seven days of the date of the Development Order.
Thank you for your interest in the City of Clearwater's development review process. Please do not
hesitate to contact me should you have any questions. You may access our Planning Department through
the City's website: www.clearwater-fl.com or my direct email addressatbberry@c1earwater-fl.com.
S: IPlanning DepartmentlC D BIStandard Flex\Pendt'!& .Gasesl3 - UP.lor~he Next DRCIMartin Luther King N. 100 - Dwntwn LoftslFLS
Bk1Mj#fiAHmRletyy.Yftmm.~ISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTOt\, COM~IlSSIONER
FRANK HIBBARD, COMMISSIOt\ER * BILL]Ot\SOt\, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
CITY OF CLEARWATER
loNG RANGE PIANNING
DEVELOPMENT REvIEW
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
~~~~,;:--~=-- ~i~.'~
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December 3, 2004
Bud Reichel
Clearwater Village, L.C.
423 Cleveland Street, Suite
Clearwater, FL 33755
RE: Time Extension for Case FLS2003-07031 at 100 North Martin Luther King Jr. Avenue.
Dear Mr. Reichel:
This letter is in response to your time extension request for case FLD2003-07031, received on December 1,
2004. On August 14, 2003, the Development Review Committee (DRC) reviewed your application for Flexible
Standard Development application to permit 47 attached dwelling units within the Downtown District under
section 2-902.C. The application was approved on December 19, 2003 with the following bases and conditions:
Bases for approval:
1. The proposal complies with the Flexible Standard Development criteria as Attached Dwellings in the
Downtown District per Section 2-902.C;
2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria
per Section 3-913;
3. The development is compatible with the surrounding area and will enhance other redevelopment efforts;
and
4. The development complies with Town Lake Residential District of the Clearwater Downtown
Redevelopment Plan.
Conditions for Approval:
1. That the final building elevations including final colors and building/roof/window/trim/etc. material
samples be submitted to Planning Staff, prior to issuance of a building permit, and be consistent with the
elevations dated submitted December 15,2003;
2. That the color of the buildings be limited to the following: Palest Sunset (Duron 7281 W), Candleglow
(Duron 728ZW), Porn Porn orange (Duron 7294), Golden Poppy (Duron 7335D), and Cajun Spice (Duron
7855D), and the roof and trim color be limited to Bay Bridge (Duron 8575D);
3. That the covered parking structures and perimeter fencing be constructed on black, aluminum material (or
other similar material/color acceptable to staff);
4. That the windows be constructed of aluminum frames (Duron - Baybridge 8575D) and clear glass, (or other
similar material/color acceptable to staff);
BRIAN). AUNGST, MAYOR-COMMISSIONER
HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL)ONSON, COMMISSIONER
"EQUAL EMPLOYMENT A,"ID AFFIRMATIVE ACTION EMPLOYER"
December 3, 2004
Reichel - Page Two
5. That the "nitches" shown on the elevations dated December 15,2003 be designed to read as windows with
sufficient relief and depth, to be approved by the Planning Department with the final elevations;
6. That the color and material of interior fencing be compatible with the final building elevations, as approved
by Planning Staff;
7. That any future changes to the buildings (color, material, design, fencing, etc.) be reviewed by the Planning
Staff;
8. That all signage meet Code requirements and be architecturally-integrated into the design of the site and
buildings (Comprehensive Sign Programs are not applicable in residential developments);
9. That all utilities on site and within the right-of-way are placed underground before Certificate of
Occupancy;
10. That the buy in cost for town lake be apportioned per dwelling unit and payable prior to the issuance of
building permit for each individual unit; and
11. That all construction adheres to the Florida Fire Prevention Code of2001.
The application was valid for one year and expires on December 19,2004. Your request for a one-year time
extension (to initiate a building permit) has been approved with the same, 11 conditions. Per Section 4-303 of
the Code, an application for a building permit shall be made within one year of the time extension approval
(December 19, 2005). The Community Development Coordinator may approve one additional extension of
time after this extension for good cause shown and documented in writing. Good causes may include but are
not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.),
excessive weather-related delays, and the like. Such extension shall not exceed on year, shall be for the project
originally approved and shall be for good cause shown and documented in writing. The Community
Development Coordinator must receive the request for this extension within the one-year period of validity after
the original extension approved by the Community Development Coordinator. All required certificates of
occupancy shall be obtained within one year of the date of issuance of the date of the initial building permit.
Time frames do not change with successive owners.
Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any
building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or
license affected by this approval, please bring a copy of this letter with you when applying for any permits or
licenses that require this prior development approval.
If you have any questions, please do not hesitate to call Mark Parry, Planner ill at 727.562.4558. Zoning
information is available through the City's web site at www.myclearwater.com via the "Clearwater Parcel and
Zoning" link and "Community Development Code" link (via the Planning Department site).
aj~e)
Cynthia H. Tarapani, AICP
Planning Director
S:\Planning DepartmentlC D BlStandard FlexlInactive or Finished CaseslMLK N 100 - Owntwn Lofts - ApprovedlMLK 100 Dev.Order Development Order Time Extension.doc
.;
HEYE, MARY A
415 BAYVIEWDR
BELLEAIR FL 33756-
W A TERHODSE, RICHARD A
W A TERHODSE, CHRISTINA A
2375 WHITMAN ST
CLEARWATER FL 33765 - 4243
H R W INC
912 DREW ST STE 103
CLEARWATER FL 33755 - 4523
THOMAS, VICKI L
1000 DREW ST
CLEARWATERFL 33755 - 4521
GRANESE, ANTHONY P TRE
530 RICHARDS CT
CLEARWATER FL 33755 - 5443
GRANESE, ANTHONY P TRE
530 RICHARDS CT
CLEARWATER FL 33755 - 5443
KYLE, HENRY C JR
KYLE, ISABELLE
2903 SW 22ND AVE
MIAMI FL 33133 - 3950
RICHARDSON, ELSIE M EST
205 PENNSYLVANIA AVE N
CLEARWATERFL 33755 - 4438
LAURA STREET TOWNHOMES
C/O PERFECTLY BALANCED
BOOKS
133 N GARDEN AVE
CLEARWATER FL 33755 - 4119
I & S ASSOCIATES
631 TILTON RD
NORTHFIELD NJ 08225 - 1219
e
THORNTON, JAMES J TRE
1124 DREW ST
CLEARWATERFL33755 -4817
GRICE, DA VID A
908 DREW ST
CLEARWATER FL 33755 - 4518
FERNANDEZ, JOHN D
FERNANDEZ, LINDA D
216 PALM ISL SW
CLEARWATER FL 33767 - 1940
THOMAS, VICKI L
1000 DREW ST
CLEARWATERFL 33755 - 4521
GRANESE, ANTHONY P TRE
530 RICHARD CT
CLEARWATERFL 33755 - 5443
GRANESE, ANTHONY P TRE
530 RICHARDS CT
CLEARWATERFL 33755 - 5443
KYLE, HENRY C JR
KYLE, ISABELLE
2903 SW 22ND AVE
MIAMI FL 33133 - 3950
CLEARWATER ACADEMY
INTERNATIONAL INC
801 DREW ST
CLEARWATERFL33755 -4517
LAURA STREET TOWNHOMES
C/O PERFECTLY BALANCED
BOOKS
133 N GARDEN AVE
CLEARWATER FL 33755 - 4119
I & S ASSOCIATES
631 TILTON RD
NORTHFIELD NJ 08225 - 1219
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THORNTON, JAMES J
THORNTON, BARBARA D
1124 DREW ST
CLEARWATER FL 33755 - 4817
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H R W INC
912 DREW ST STE 103
CLEARWATERFL 33755 - 4523
GRAY, JOHNW
204 PENNSYLVANIA AVE
CLEARWATER FL 33755 - 4437
DEAN, NORMA D
FRAZIER, SHERRY L
8079 98TH ST
SEMINOLE FL 33777 -
GRANESE, ANTHONY P TRE
530 RICHARDS CT
CLEARWATERFL 33755 - 5443
GRANESE, ANTHONY P TRE
530 RICHARDS CT
CLEARWATERFL 33755 - 5443
KYLE, HENRY C JR
KYLE, ISABELLE
2903 SW 22ND AVE
MIAMI FL 33133 - 3950
CLEARWATER ACADEMY
INTERNATIONAL INC
801 DREW ST
CLEARWATERFL 33755 - 4517
ANDERSON, WILLIAM M
C/O PRO SHOP
840 CLEVELAND ST
CLEARWATERFL 33755 - 4510
BALVIN, PATRICK TRE
BALVIN, JEANIE TRE
2357 STAG RUN BLVD
CLEARWATER FL 33765 - 1737
FILE
I & S ASSOCIATES
631 TILTON RD
NORTHFIELD NJ 08225 - 1219
LEAHON, EVELYN H TRE
1 SEASIDELN# 102
CLEARWATER FL 33756 - 1986
WARD, DEBRA K
POBOX 2184
CLEARWATER FL 33757 - 2184
MELVIN, W ALTER 0
1109 GROVE ST
CLEARWATER FL 33755 - 4618
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FAREWELL, RALPH B
F AREWELL, CAROLYN A
1128 CLEVELAND ST NE
CLEARWATERFL 33755 - 4812
STUEN, CAROL K
438 GARDENIA ST
CLEARWATERFL 33756 -1007
WARD, DEBRA K
POBOX 2184
CLEARWATER FL 33757 - 2184
HENNESSY, PAMELA F
1133 DREW ST
CLEARWATER FL 33755 - 4818
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GREATER CLEARWATER
CHAMBER OF COMMERCE INC
1130 CLEVELAND ST
CLEARWATER FL 33755 - 4841
STUEN, CAROL K
438 GARDENIA ST
CLEARWATERFL 33756 -1007
WALLACE, RICHARD B JR
37325 VERO LN
DADE CITY FL 33525 - 5937
DRESSER, CHRISTOPHER J
1123 DREW ST
CLEARWATERFL 33755 - 4818
MELO, ALFREDO TROCKELS, FRITZ W BARBOUR, WILLIAM R TRE
MELO, CONCEICAO TROCKELS, KAREN 1830 OAK PARK DR S
6 PANORAMA CRES 1115 DREW ST CLEARWATER FL 33764 - 6437
BRAMPTON ON L5G 3T9 00030- CLEARWATERFL 33755 - 4818
CANADA
CHITRANEE-A INC GUY, ALBERT L GUY, ALBERT L
1003 BAY ESPLANADE GUY,LINDAM GUY,LINDAM
CLEARWATERFL 33767 - 1019 1689 OAK PL 1689 OAK PL
CLEARWATER FL 33755 - 1351 CLEARWATER FL 33755 - 1351
GUY, ALBERT L SADLON PROPERTIES INC HARN- WAGNER, NANCY
GUY,LINDAM 411 CLEVELAND ST # 110 1108 GROVE ST
1689 OAK PL CLEARWATER FL 33755 - CLEARWATER FL 33755 - 4823
CLEARWATER FL 33755 - 1351
CURRIE, LINDA N RICAR TE, ERICA H DE CARLO, ANDRA J
1122 GROVE ST 1112 GROVE ST KOLNIAK, JOSEPH W
CLEARWATER FL 33755 - 4823 CLEARWATERFL 33755 - 4823 1128 GROVE ST
CLEARWATER FL 33755-
LAMBERT, MALVIN H CHURCH OF THE RECONCILER SHALLIMAR REALTY INV INC
1271 WOODLAWNTER PRESBYTERIAN CHURCH USA 300 N OSCEOLA AVE #lB
CLEARWATERFL 33755 -1154 915 DREW ST CLEARWATER FL 33755 - 3916
CLEARWATER FL 33755 - 4520
MILLS, GLENNW CLEARWATER HOUSING AUTH WARD, DEBRA K
MILLS, WILMA PO BOX 960 POBOX 2184
9174 98TH AVE CLEARWATER FL 33757- CLEARWATER FL 33757 - 2184
LARGO FL 33777 - 1720
. -
CLEARWATER ACADEMY
INTERNATIONAL INC
801 DREW ST
CLEARWATER FL 33755-
KINGSLEY, CAROL
1524 SMALLWOOD CIR
CLEARWATER FL 33755 - 5449
KINGSLEY, CAROL
1524 SMALLWOOD CIR
CLEARWATERFL 33755 - 5449
SAOULIS, CHRISTOPHER H
933 LAURA ST
CLEARWATER FL 33755 - 4545
HARBORVIEW INV II INC
1108 RIDGEGROVE DR
PALM HARBOR FL 34683 - 2046
ENTEL RADIOLOGY
ASSOCIATES
MD P A PENSION PLAN &
TRUST
ATTN: DRAPKIN, R.
----- -~-_._- ----
GREEN, DONNA M TRE
PO BOX 6681
OZONA FL 34660 - 6681
CLEARWATER PRINTING INC
1002 GROVE ST
CLEARWATER FL 33755 - 4529
CHITRANEE-A INC
1003 BAY ESPLANDE
CLEARWATER FL 33767-
CHURCH OF SCIENTOLOGY
FLAG SERVICE ORG INC
503 CLEVELAND ST
CLEARWATER FL 33755 - 4007
e
CLEARWATER ACADEMY
INTERNATIONAL INC
801 DREW ST
CLEARWATERFL 33755-
WARD, DEBRA K
POBOX 2184
CLEARWATER FL 33757 - 2184
SCHWEITZER, OTTO R
904 PLAZA ST
CLEARWATER FL 33755 - 4446
HARBORVIEW INV II INC
1108 RIDGEGROVE DR
PALM HARBOR FL 34683 - 2046
CLEARWATER STORAGE CO
2106 BISPHAM RD STE B
SARASOTA FL 34231 - 5518
CHITRANEE-A INC
1 003 BAY ESPLANADE
CLEARWATERFL 33767 -1019
GRICE, DAVID A
908 DREW ST
CLEARWATER FL 33755 - 4518
SOUTHWIND MGMT SERVICES
INC
PO BOX 10293
CLEARWATER FL 33757 -
CHITRANEE-A INC
1003 BAY ESPLANDE
CLEARWATER FL 33767-
SYDON INC
1010 CLEVELAND ST
CLEARWATERFL 33755 - 4514
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CLEARWATER ACADEMY
INTERNATIONAL INC
801 DREW ST
CLEARWATER FL 33755 -
LIGGINS, MARTHA A TRE
130 BOOTH AVE
CLEARWATERFL 33755 - 4547
CLEARWATER POWER
SQUADRON
1000 CLEVELAND ST
CLEARWATER FL 33755 - 4514
HARBORVIEW INV II INC
1108 RIDGEGROVE DR
PALM HARBOR FL 34683 - 2046
GREATER CLEARWATER
CHAMBER OF COMMERCE INC
1130 CLEVELAND ST
CLEARWATER FL 33755 - 4841
DEEULIO, MARK
GONZALES, LEON
1650 WINDSOR
CLEARWATERFL 33755-
CHURCH OF THE RECONCILER
PRESBYTERIAN CHURCH USA
915 DREW ST
CLEARWATER FL 33755 - 4520
WARD, DEBRA K
P o BOX 606
CLEARWATER FL 33757 - 0606
TRUST FOR REHABILITATION
&
NURTURING YOUTH &
FAMILIES INC
PO BOX 1608
- - - - - - --- - - - -- _. ~~
SYDON INC
1010 CLEVELAND ST
CLEARWATERFL 33755 - 4514
. - ..
CLEVELAND & MYRTLE
C/O WALGREEN CO
ATTN: TAXDEPT
200 WILMOT RD
DEERFIELD IL 60015 - 4620
CLEARWATER, CITY OF
PO BOX 4748
CLEARWATERFL 33758 - 4748
HENEGAR, DENNIS H
HENEGAR, JACQUELINE
C/O DOUGLAS MFG
1115 CLEVELAND ST
CLEARWATER FL 33755 - 4808
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SOCIETY ST VINCENT DE PAUL
COUNCIL PINELLAS COUNTY
INC
1015 CLEVELAND ST
CLEARWATER FL 33755 - 4515
SOCIETY ST VINCENT DE PAUL
COUNCIL PINELLAS COUNTY
INC
1015 CLEVELAND ST
CLEARWATER FL 33755 - 4515
1& S ASSOCIATES
631 TILTON RD
NORTHFIELD NJ 08225 - 1219
PRESTON, MICHAEL G TRE
405 ST PETERBURG DR
OLDSMAR FL 34677 -
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CITY OF CLEARWATER
LONG RANGE PlANNING
DEVELOPMENT REvIEW
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4576
July 21,2003
Mr. Kenneth H. Roush, P.E.
601 South Cleveland Street, Suite 930
Clearwater, FL 33755
RE: Application for Flexible Standard Development to approve attached dwellings within the
Downtown District under Section 2-902.C.
Dear Mr. Kenneth Roush:
The Planning staff has reviewed your application to approve attached dwellings within the
Downtown District under Section 2-902.C. After a preliminary review ofthe submitted documents,
staffhas determined that the application is complete.
Please provide the following:
1. Email address (if available).
The application has been entered into the Department's filing system and assigned the case
number: FLS2003-07031.
The Development Review Committee (DRC) will review the application for sufficiency on August
14, 2003 in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown
Clearwater. Please call Sherrie Nicodemus, Administrative Analyst at 727.562.4582 no earlier
than one week prior to the meeting date for the approximate time that your case will be reviewed.
You or your representative (as applicable) must be present to answer any questions that the
committee may have regarding your application. Additional comments will be generated by the
DRC at the time of the meeting.
BRIAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILl. JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
July 21,2003
Roush - Page Two
.
.
If you have any questions, please do not hesitate to call me at 727-562- 4539.
Sincerely yours,
S:IPlanning DepartmentlC D BIStandard FlexlPending Casesl3 - Up for the Next DRClMartin Luther King N. 100 - Dwntwn LojislMLK 100
complete letter. doc
.
. ..
oM
City of Clearwater
Planning Department
Post Office Box 4748
Clearwater, FL 33758-4748
Ref: FLS2003-07031
Subject: Extension of Development Order
Dear Sir or Madam;
26 November 04
The Downtown Lofts Project is currently being re-designed and will require an
extension of the Development Order.
I spoke with Mr. Mark Perry who advised that we need only request the extension
in writing and with this request an automatic extension of one year will be granted.
If there are any questions, please feel free to contact me at 727-638-9062.
Sincerely,
\Jtl \) 1 1@~
Bud R lchel
Partner
Clearwater Village, LC
423 CLEVELAND STREET CLEARWATER FL 33755
PHONE:127-441-5579 FAX:721-449-0979 SITE-PONE:127-449-2794 FAX: 443-2021
WWW.CLEARWATERVILLAGE.COM EMAIL:CLEARWATERVILLAGE@HOTMAIL.COM
CL WCoverSheet
.
.
PL T2003-00008
100 N MARTIN LUTHER KING
Date Received: 7/17/2003
DOWNTOWN LOFTS
ZONING DISTRICT: D
LAND USE: CBD
ATLAS PAGE: 287A
['<'2)" P4
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CIVIL.
LAND PLANNING.
ENVI RONMENTAL ·
TRANSPORTATION ·
July 16, 2003
Mr. John V. Schodtler, Associate Planner
City of Clearwater Planning & Development Services
100 South Myrtle Avenue
Clearwater, Florida 33756-5520
Reference: Downtown Lofts Development
Case No. FLS2003-07031
Subject: Transmittal of Application for Plat Appoval
Dear Mr. Schodtler:
Enclosed with this letter is the application for plat approval. A check
request for $600 has been made to the owner, and will be forwarded to you
within the next several days. Also enclosed is on additional copy of the
preliminary plat. Thirteen were submitted this morning with the Flex Std
Development Application for this project.
Two additional items were requested when the application was turned in
this morning: the cost of the project and the unity of title. The cost of the project
will be estimated and forwarded to you. The unity of title will be done when the
title is transferred at the closing, which occurs after successful completion of the
permitting.
Thank you for working to improve the quality of living in Downtown
Clearwater.
KHR:ag
SERVICES, INC.
601 CLEVE LAN D STRE ET, SU ITE 930
CLEARWATER, FLORIDA 33755
NESADMI N@MINDSPRING.COM
N ESTECH@MINDSPRING.COM
727 . 443 . 2869 FAX 727 . 446 . 8036
.'
. .
CITY OF CLEARW A TER
APPLICA TION FOR PLA T APPROVAL
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
. PHONE (727)-562-4567 FAX (727) 562-4865
PROPERTY OWNER'S NAME
CLEAevJA-rE.~ VILLAGE" J L.e.
Lt23 CLeV€LANO S-r Cu:A€.\,JA -rt:R. 5375~
qt.fq, znc.f FAX NUMBER: t..f..4.I:1- 2?qtf
~M~ As A&:N~
ADDRESS
PHONE NUMBER
APPLICANT'S NAME
ADDRESS
PHONE NUMBER
FAX NUMBER :
ADDRESS
: ~NE:-n-\ H-. ~~ P€.
,
(&,0 J CL&'lLMo s-r: SU'''fe q3:;> C~~ ~'1
AGENT NAME
PHONE NUMBER
FAX NUMBER .
I, the undersigned, acknowledge that all
representations made in this application
are true and accurate to the best of my
knowledge.
by , who is personally known to
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this _ day of
, A.D., 19_ to me and/or
me or has produced
as identification.
Signature of owner or representative
Notary Public
my commission expires:
Fourteen (14) copies of the preliminary plat must be submitted.
The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer drawn to a scale
not smaller than 1: 100 and shall not exceed 24" X 36" and include the following information:
NORTH ARROW, SCALE AND DATE;
TITLE UNDER WHICH THE PROPOSED PLAT IS TO BE RECORDED;
NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON PREPARING THE PLAT;
IDENTIFICATION CLEARLY STATING THAT THE DRAWING IS A PRELIMINARY PLAT;
LEGAL DESCRIPTION OF THE PROPERTY WITH U.S. SURVEY SECTION, TOWNSHIP AND RANGE LINES;
EXISTING AND PROPOSED RIGHTS-OF-WAY AND EASEMENTS;
PROPOSED STREET NAMES;
NAMES, APPROPRIATELY POSITIONED, OF ADJOINING PLATS;
Page 1
e
.
DIMENSIONS AND AREA OF THE FOllOWING:
THE OVERAll PLAT AND EACH lOT
STREETS
RIGHTS-OF-WAY, INCLUDING RADII OF CUL-DE-SACS;
COMMON OPEN SPACE OR OTHER lAND TO BE DEDICATED FOR A PUBLIC PURPOSE IF ANY.
Page 2
.
.
Page 7 of7
NESCONT
ATTACHMENT A-LETTER OF AUTHORIZATION
This letter will serve as authorization for Kenneth H. Roush, P.E. with NORTHSIDE
ENGINEERING SERVICES INC. to act as an agent for CLEARWATER VILLAGE, L.C.
and to execute any and all documents related to securing site permits and approvals for the
construction on the property generally located in Section 15, Township 29S, Range 15E, at the
northwest comer of Martin Luther King Blvd. and Laura Street, lying within City of Clearwater,
Pinellas Cou . e ta f F . a.
c::;:~
~~c.'-/k-z:.~
Printed Name of Property Owner
'72-7 //r7 ..>S-79
Telephone Number
Address of Property Owner
(J/~~k /::z
City/State/Zip Code
~ '= """?-y--
'-. ':;>/..>~
//~~'/ CJ 3-
Date /
State of Florida
County of Pine lIas
The foregoing instrument was acknowledged before me this
ll{1 day of ~ (month), 2003, by
\
\3K.. R e\ c.lJ '3' \" as Oluf\Q.J\. who
(name of owner) (title)
is personally known to rpe OR who has produced (circle
appropriate one)
as identification and who did (did not)
(type of identification)
(SEAL)
\
Notary Public
"~~~::"" Kathleen A. Rossi
/~~~';.-;. Commission #DD161433
~;:" ~.:;g Expires: Dee 06, 2006
""~~O;i~-- Bonded Thru
'I I "" \" Atlantic Bonding Co., Inc.
Commission # ~'-s:> \ u \ L\.:~ '3
-K D- -+ h.. \ e e IA. A- e<.l.55~ Name of Notary typed, Printed
or Stamped