CERTIFICATE - COMMENCEMENT OF CONSTRUCTION OF PROJECT ON OR BEFORE 12/08/2006
: FOLEY
FOLEY & LARDNER LLP
November 16, 2006
VIA FEDERAL EXPRESS
Pam Akin, Esquire
City Attorney's Office
City of Clearwater
P.O. Box 4748
100 S. Myrtle Avenue
Clearwater, Florida 33756
Re: Crystal Beach Capital LLC
Dear Pam:
ATTORNEYS AT LAW
100 NORTH TAMPA STREET, SUITE 2700
TAMPA, FL 33602.5810
P.O. BOX 3391
TAMPA, FL 33601.3391
813.229.2300 TEL
813.221.4210 FAX
www.foley.com
WRITER'S DIRECT LINE
813.225.4193
sszabo@foley.com EMAIL
CLIENT/MATTER NUMBER
046503-0101
I spoke with Chris Bastas, of Crystal Beach Capital, L.L.C. and he informs me that
they commenced construction of their foundation and the City has inspected the preliminary
foundation work and approved same. Accordingly, enclosed please find two original Certificates as
required pursuant to Vacating Ordinance Nos. 7599-06 and 7600-06. We would appreciate your
arranging for the City to sign the enclosed Certificates and return one fully executed original to us
for recording.
Should you have any questions or comments regarding the foregoing, please do not
hesitate to call me.
Enclosure
cc: Neil J. Rauenhorst
Chris Bastas
BOSTON
BRUSSELS
CHICAGO
DETROIT
JACKSONVILLE
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LOS ANGELES
MADISON
MILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DIEGO/DEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D.C.
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NOV i "1 2006
C iTVATTC) F~ N EV
Prepared by and when
recorded return to:
Stephen 1. Szabo, III, Esquire
Foley & Lardner LLP
100 N. Tampa Street
Suite 2700
Tampa, Florida 33602
CERTIFICATE
J......
THIS CERTIFICATE (the "Certificate") is made as ofthisCZ- day of _".'.I_~
2006 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.C., a
Florida limited liability company (the "Developer").
WITNESSETH
WHEREAS, the City adopted Vacating Ordinance No. 7599-06 and Vacating
Ordinance No. 7600-06 (collectively, the "Ordinances"); and
WHEREAS, pursuant to Section 1 of both of the Ordinances, the Developer and the
City are required to execute and record this Certificate to evidence satisfaction of certain
conditions more fully described hereinbelow.
NOW, THEREFORE, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
2. Capitalized Terms. Capitalized terms not otherwise defined m this
Amendment shall have the meaning ascribed to such terms in the Ordinances.
3. Commencement of Construction of Proiect. Pursuant to Section 1 of both of
the Ordinances, the Developer agreed to commence construction of the Project as described
in the Second Amended and Restated Development Agreement (the "Development
Agreement") between the City and the Developer on or prior to December 31, 2006.
Developer has commenced construction of the Project in accordance with the Ordinances and
the Development Agreement on or prior to the Effective Date of this Certificate and this
Certificate is being executed and recorded to evidence that construction has commenced in
accordance with the Ordinances and the Development Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective
seals affixed as of the date set forth in the first paragraph of this Certificate.
Attest:
THE CITY OF CLEARWATER, FLORIDA
By:
By:
Approved as to form:
Pamela K. in, Esquire
City Attorney
STATE OF FLORIDA
)
)
)
COUNTY OF PINELLAS
.~
. . The foregoing instrument was acknowledgeQ. before me this? ~ day of
~-y;~ , 2006 by F(C'~\C~\::Jca.ycV and ~nt:i/),c_ <;c.u&~
the Mayor and the City Clerk, respectively, for the City of Clearwater, Florida, on behalf of
the City.
_~;i-~{'f.~.. Karen ~. Vaughan
i:: '-ib';!~ CommissIOn # 00500919
~;i',~,~~ Expires December 20, 2009
"""~~f>j~.~~' Sonded TI'OY Flln In'Ut'lrite Inc &OO-38s.7019
~D\j~~
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
2
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Signed, sealed and delivered
in the presence of:
~~
(Witness Signature)
Print Name: CH(l..IShJ$T~
4:.i/:f4
Print Name~ ~r ~JhU'
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
. (t-
The foregoing instrument was acknowledged before me this JQ day of)J~ ,
2006, by Neil J. Rauenhorst, manager ofNJR Development Company, L.L.C., sole manager
of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the
companies. He [select one:]
(v(i's personally known to me;
or
( ) produced a Florida driver's license as identificati
STEPHEN J. SZABO
MY COMMISSION 1/ DD 221773
EXPIRES: July 17, 2007
Bonded Thru I'lolary Pubic UndelWrilers
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