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20140303075130058
Development it epartment Ckal"Watff Flexible Standard d D 5 o 4 k t Application OZ Attached Dwellings, Mixed-Uses or Non-Residential Uses IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $475 PROPERTY OWNER (PER DEED): Mainstream Partners VIII, LTD (PARCEL "B' j MAILING ADDRESS: 101651VW 19th Street, Miami, FL 33172 -2529 PHONE NUMBER: _ 727 -224 -6650 EMAIL: man;&ica@tanrpabay.rr.com AGENT OR REPRESENTATIVE: Synergy Civil Engineering, Inc. (Michael J. Pahner) MAILING ADDRESS: 3000 Gulf to Bay, Blvd. Suite 201 Clearwater, FL 33759 PHONE NUMBER: (727) 796 -1926 EMAIL: mpalrner*synergycivileng.com ADDRESS OF SUBJECT PROPERTY: (lVo Address) Clearwater, FL 33767 PARCEL NUMBER(S): 08- 29 -15- 17586 -001 -0120. 08- 29 -15- 17586- 001 - 0130.17586- 001 -0140 17604 - 000 - 0100,17604- 000 -0080, Lot 10A, 9A LEGAL DESCRIPTION: See Survey Map & Attachment "A" PROPOSED USE(S): Parking Lot DESCRIPTION OF REQUEST: Reduction in VUA landscape area Specifically identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height, setbacks, lot size, lot width, specific use, etc.): Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562.4567; Fax: 727 - 562 -4865 Page 1 of 8 Revised 01112 o Planning & Development Department Flexible Standard Development Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: Tourist District "T" FUTURE LAND USE PLAN DESIGNATION: Resort Facilities High "RFH" EXISTING USE (currently existing on site): Vacant Land PROPOSED USE (new use, if any; plus existing, if to remain): 100% of the area to be be developed as a Parking Lot SITE AREA: 41,922 sq. ft. 0.96 acres GROSS FLOOR AREA (total square footage of all buildings): Existing: 0.0 sq. ft. Proposed: 0.0 sq. ft. Maximum Allowable: NIA sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First use: N/A sq. ft. Second use: N/A sq. ft. Third use: N/A sq. ft. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: N/A Proposed: N/A Maximum Allowable: N/A BUILDING COVERAGE /FOOTPRINT (I." floor square footage of all buildings): Existing: 0.0 sq. ft. ( 0-0 % of site) Proposed: 0.0 sq. ft. ( 0.0 % of site) Maximum Permitted: NIA sq. ft. ( N/A % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: NIA sq. ft. ( N/A % of site) Proposed: 1,122 sq. ft. ( 267 % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: 0.0 sq. ft. ( NIA % of site) Proposed: 27,912 sq. ft. ( 67 % of site) Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727- 562 -4567; Fax: 727 - 562 -4865 Page 2 of 8 Revised 01112 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: N/A West: Proposed: 0.67 Maximum Permitted: 0.95 DENSITY (units, rooms or beds per acre): BUILDING HEIGHT: Existing: NIA Existing: N/A Proposed: NIA Proposed: N/A Maximum Permitted: NIA Maximum Permitted: N/A OFF - STREET PARKING: Existing: 0.0 Note: A parking demand study must be provided In conjunction with any request Proposed: 85 to reduce the amount of required off - street parking spaces. Please see the Minimum Required: N/A adopted Parking Demand Study Guidelines for further information. WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 90,000.00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: Tourist -T South: East: Tourist -T Tourist -T West: Tourist -T STATE OF FLORIDA, COUNTY OF PINELLAS 1, the undersigned, acknowledge that all Sworn to and subscribed before me this t t' d ' th' I'cation are true and day of represen a ions ma e m is app i to me and /or by accurate to the best of my knowledge and authorize City representatives to visit and photograph the who is personally known has property d ed in t is pplicat' produced as identification. Signature of prop owner or representative Notary public, My commission expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 562 -4865 Page 3 of 8 Revised 01/12 Planning & Development Department ')CkafWatef Flexible ''t d:r: t d Development Application 0 Z Site ;r` , i Submittal ParS g Check list IN ADDITION TO THE COMPLETED FLEXIBLE STANDARD DEVELOPMENT (FLS) APPLICATION, ALL FLS APPLICATIONS SHALL INCLUDE A SITE PLAN SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND /OR PLANS: • Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the subject property is located. The attached Flexible Standard Development Application Flexibility Criteria sheet shall be used to provide these responses. • Responses to the General Applicability criteria set forth in Section 3- 914.A. The attached Flexible Standard Development Application General Applicability Criteria sheet shall be used to provide these responses. • A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures /improvements, location of all public and private easements including official records book and page numbers and street right(s) -of -way within and adjacent to the site. ❑ If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide that information required by Section 4- 202.A.5. ❑ If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other similar marine structure, then the application must provide detailed plans and specifications prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks. ❑ A site plan prepared by a professional architect, engineer, certified planner or landscape architect drawn to a minimum scale of one inch equals 50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information: ❑ Index sheet of the same size shall be included with individual sheet numbers referenced thereon. • North arrow, scale, location map and date prepared. • Identification of the boundaries of phases, if development is proposed to be constructed in phases. ❑ Location of the Coastal Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard Area, and the Base Flood Elevation (BFE) of the property, as applicable. ❑ Location, footprint, size and height of all existing and proposed buildings and structures on the site. ❑ Location and dimensions of vehicular and pedestrian circulation systems, both on -site and off -site, with proposed points of access. ❑ Location of all existing and proposed sidewalks, curbs, gutters, water lines, sanitary sewer lines, storm drains, manholes, inlets, lift stations, fire hydrants, underground conduits, seawalls and any proposed utility easements. ❑ Location of onsite and offsite stormwater management facilities, including offsite elevations, as may be required by the Engineering Department to evaluate proposed stormwater management, as well as a narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City of Clearwater Storm Drainage Design Criteria manual. ❑ Location of solid waste collection facilities, required screening and provisions for accessibility for collection. ❑ Location of off - street loading area, if required by Section 3 -1406. ❑ Location, type and lamp height of all outdoor lighting fixtures. ❑ Location of all existing and proposed attached and freestanding signage. ❑ All adjacent right(s) -of -way, with indication of centerline and width, paved width, existing median cuts and intersections, street light poles, bus shelters, signage and utility company facilities. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4667; Fax: 727 - 562 -4865 Page 4 of 8 Revised 01/12 ❑ Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building separations. ❑ Building or structure elevation drawings that depict the proposed building height, building materials, and concealment of all mechanical equipment located on the roof. ❑ Typical floor plans, including floor plans for each floor of any parking garage. ❑ Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentally sensitive areas. ❑ If there is any requested deviation to the parking standards a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by the Planning and Engineering Departments. The findings of the study will be used in determining whether or not deviations to the parking standards are approved. ❑ Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and condition of such trees; as well as a tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more, and identifying those trees proposed to be removed, if any. ❑ A traffic impact study shall be required for any development which may 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 Engineers Trip Generation Manual. ❑ An application for a certificate of concu rrency/ca pa city or a nonconcurrency affidavit. No development approval shall be granted until a certificate of concurrency /capacity is issued or a nonconcurrency affidavit is executed. ❑ A landscape plan shall be provided for any project where there is a new use or a change of use; or an existing use is improved or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the property appraiser's current records, or if an amendment is required to an existing approved site plan; or a parking lot requires additional landscaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the following information, if not otherwise required in conjunction with the application for development approval: ❑ Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names. ❑ Existing trees on -site and immediately adjacent to the site, by species, size and location, including drip line. ❑ Typical planting details for trees, palms, shrubs, and ground cover plants, including planting instructions, soil mixes, backfilling, mulching, staking and protective measures. ❑ Interior landscape areas hatched and /or shaded and labeled and interior landscape coverage, expressed both in square feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and vehicular use areas. ❑ Location of existing and proposed structures and improvements, including but not limited to sidewalks, walls, fences, pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, sign locations, curbs, gutters, water lines, sanitary sewer lines, storm drains, manholes, inlets, lift stations, fire hydrants, underground conduits, seawalls, utility easements, treatment of all ground surfaces, and any other features that may influence the proposed landscape. ❑ Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands and curbing. ❑ Drainage and retention areas, including swales, side slopes and bottom elevations, and drainage structures and other drainage improvements. ❑ All adjacent right(s) -of -way, with indication of centerline and width, paved width, existing median cuts and intersections, street light poles, bus shelters, signage and utility company facilities. ❑ Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any. ❑ An irrigation plan. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562.4567; Fax: 727 - 562 -4865 Page 6 of 8 Revised 01/12 PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPLICABILITY CRITERIA EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL. 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. See Attachment "C 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. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727 - 562 -4665 Page 6 of 8 Revised 01/12 0 f Planning & Development Department >- (RafWatef 3 • 4 b .•':. Standard De dl. P z'5 p t 1 • t t Application Flexibilitv a�4 P i i. i • Y r s „ PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(S) BEING REQUESTED AS SET FORTH IN THE ZONING DISTRICT(S) IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW, IN DETAIL, EACH CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARY). 1. See attachment "D" 2. 3. 4. 5. 6. 8. Planning B Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562.4567; Fax: 727 - 562 -4865 Page 7 of 8 Revised 01112 Planning & Development Department 1�a• Flexible Standard AliI t I'tlltl4 "ilia Application Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed —PRINT full names: Mainstream Partners VIII, LTD Antonio Fernandez, Partner 2. That (I am /we are) the owner(s) and record title holder(s) of the following described property: Owner 3. That this property constitutes the property for which a request for (describe request): Construction of a Parking Lot 4. That the undersigned (has /have) appointed and (does /do) appoint: Synergy Civil Engineering, Inc. (Michael J. Palmer) as (his /their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. 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; 7. That (1/we), the uncle igned a ority, here certify that the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF iPINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LA, /WS OF THE STATE OF FLORIDA, ON THIS /�j{ ,� DAY OF f�RGf AJW 2�l `7 PERSONALLY APPEARED f`►t �Up 1 ,Zeom 1'eZ' WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE /SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED, L40 F P� Notary Public State of Florida Cathryn P Wilson My Commission EE 155365 Notary Public Signature Fti° Expires 12/26/2015_ // No My Commission Expires: /2- /.26 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727 - 562 -4567; Fax: 727462.4865 Page 8 of 8 Revised 01112 MOM ATTACAITIE41T i CLEARWATER HOTEL COMPLEX LEGAL DESCRIPTION DESCRIPTION: (AS PROVIDED BY CLIENT) PROJECT AREA PARCEL "B" PARCEL 1: LOTS 8,9 AND 9 -A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2: LOT 12, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 3: LOT 10 AND 10 -A, COLUMBIA SUBDIVISION NO. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 4: LOTS 13 AND 14, BLOCK A, COLUMBIA SUB. NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 79, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINING 41,923.8 square fleet / 0.96 ACRES MORE OR LESS. 1 IO • �! Attachment C General Applicability Criteria proposed 1. The development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in nOtic't it is located. West: The property to the west includes city right of way Coronado Drive existing hotel and parking lot. North: The property to the north includes a motel and parking lot. East: The property to the east includes a city right of way Hamden Drive and boat docks. South: The property to the south includes 5t" Street right of way and vacant land. The scale, bulk, coverage and density of the proposed project are in keeping with the Design Guidelines set forth in Beach by Design for the Beach Walk District. The proposed resort style hotel project maintains the existing use, and maintains a maximum height of 144 -foot above BFE =13. The proposed project will enhance this area of the beach in a number of ways, including: Development of underutilized vacant land. Upgrade in landscaping from the non - existing condition, to areas of planting and grassed open space areas. 2. The proposed development will not hinder or discourage appropriate devel• :. of adjacent land and buildings or significantly impair the value thereof. No building proposed, N/A proposed 3. The development aftect the health or safety • s persons resi• g or w,• •s in the neighborhood of proposed use. No building proposed, N/A 4. The proposed development is designed to minimize traffic congestion. No building proposed, N/A 1 a T. The design of •:.. • development impacts including visual, acoustic and olfactory and hours of operation on .•- No building proposed, N/A 2 Attachment D Applicable Flexibility Criteria 1. With the exception of those properties located on Clearwater Beach, the parcel proposed for development shall front on but shall not involve direct access to a major arterial street unless no other paeans of access would be possible. RESPONSE. The project access will include one driveway to be located on 5rh Street. 2. Height: The increased height results in an unproved site plan and/or unproved design and appearance. E&A'Virvay 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. RESPONSE. N/A 4. Front Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life. RESPONSE. N/A b. The reduced setback shall result in an unproved site plan through the provision of a more efficient off-street parking area, and /or improved building design and appearance. RESPONSE. N /A. C. The reduced setback will not result in the loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 5. Side and Rear Setbacks a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and /or personnel. RESPONSE. N/A b. The reduced setback results in an unproved site plan through the provision of a more efficient off-street parking area, and /or improved building design and appearance. ,, �; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. RESPONSE. N/A 6. The design of all buildings complies with the Tourist District design guidelines in Section 3 -501 as applicable. RESPONSE. a) Density: N/A b) Height: N/A c) Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40 %) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. N/A 2 8 t` 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (1001). For the purpose of this standard, interrupted means an offset of greater than five feet (5'). 3. At least sixty percent (60 %) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. RESPONSE N/A 4. No more than sixty percent (60 %) of the theoretical maximum building envelope located above forty -five feet (45') will be occupied by a building. However, in those instances where an overnight accommodations use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy - five percent (75 %) of the theoretical maximum building envelope located above forty -five feet (45') may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. RESPONSE N/A 5. The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. RESPONSE N/A 6. Buildings may be designed for a vertical or horizontal mix of permitting uses. RESPONSE. N/A d) Setbacks: N/A 3 3 7. Lot area and /or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity. RESPONSE. N/A S. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. RESPONSE. N/A 9. A development agreement must be approved by the City Council...... RESPONSE.- N/A 4 I #: 2009064441 BK: 16522 PG: 1520, 03/13/2009 at 03:03 PM, RECORDING 6 PAGES $52.50 D DOC STAMP COLLECTION $63525.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC8 :38!S; S9 - RETURN TO: First American Title Ins. Co. 25400 US 1914, Suite 935 Clearwater, FL 33763 WO-6 This instrument prepared by, and return to: Greenberg Traurig, P.A. 1221 Brickell Avenue Miami, FL 33131 _ Attn: Michael T. Lynott Tax Identification Parcel No. 1 08/29/15/1762210001 0010; 08 /29/15/ 17627/000 /0020;08/29/15/176221000 /0030; 08/29115117622100010050; 0&29115/1762210=01 1 0; 07129/15/52380/000 /0630; 07/29/15 /523801000/1110;08 /29/15/17586/ 001 /0120 ;08/29 /151175861001/0130; 08/29/15/ 17586 /001/0140;08/29 /15/ 17604 / 000 /0080;08129/15/17604 /000/0100 (SPACE ABOVE THIS LINE FOR RECORDING DATA) SPECIAL WARRANT, DE191$ STATE OF FLORIDA § - § KNOW ALL Mt N\ UY THESE PRESENTS: COUNTY OF PINELLAS § ; 1 1 325 SOUTH GULFVIEW,I301`A VA RW - CLEARWATER LLC, a Delaware limited liability company ("Grantor"), tof anSi in opnsideration of the sum of $10.00 and other good and valuable consideration, the,,r&e At1d su�ffciency of which are hereby acknowledged, has GRANTED, BARGAINF,tS„SOI:17;.ALIENATED, REMISED, RELEASED, CONVEYED and CONFIRMED and by; these,&esentg), does GRANT, BARGAIN, SELL, ALIEN, REMISE, RELEASE, CONVEY and C,F�NFIRIVI unto MAINSTREAM PARTNERS VIII, LTD., a Florida limited partnersh�t#-1'4bk -a 'V the tract or parcel of land in Pinellas County, Florida, described in Exhibit A. 1 1 TOG) with,all the tenements, hereditarnents, and appurtenances thereto belonging or in pywJse appertaining, including without limitation, Grantor's interest, if any, in any and all adjacent sjreetsra _i'�,ys, rights of way and any adjacent strips and gores (such land and interests are'hereih9 t @r collectively referred to as the "Property "). This Special Warranty Deed and the conveyance hereinabove set forth is executed by Cuagtoy /9nd accepted by Grantee subject to all easements, restrictions, reservations and covbnafits now of record and further subject to all matters that a current, accurate survey of the Property would show, together with the matters described in'Exhibit B hereto and incorporated herein by this reference, to the extent the same are validly existing and applicable to the Property (hereinafter referred to collectively as the "Permitted Exceptions "). Grantee acknowledges that Grantee has independently and personally inspected the Property. The Property is hereby conveyed to and accepted by Grantee in its present condition, "AS IS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY WHATSOEVER, � p45Ssa.se bbG �31Sa5OC� PINELLAS COUNTY FL OFF. REC. BK 16522 PG 1521 EXPRESS OR IMPLIED." Notwithstanding anything contained herein to the contrary, it is understood and agreed that Grantor and Grantor's agents or employees have never made and are not now making, and they specifically disclaim, any warranties, representations or guaranties o any kind or character, express or implied, oral or written, with respect to the Property, incl=hal „ but not limited to, warranties, representations or guaranties as to (a) matters of title (otCio% Grant or's warranty of title set forth herein), (b) environmental matters relating to the Proper4(jcfr any portion thereof, including, without limitation, the presence of hazardous mat&fi g in;,bn, under or in the vicinity of the Property, (c) geological conditions, including, wjioo ut linii i4tibni, subsidence, subsurface conditions, water table, underground water reservoirs, limiiabons regarding the withdrawal of water, and geologic faults and the resulting,oa- age,4- past,andlor future faulting, (d) whether, and to the extent to which the Property ¢r any poption thereof is affected by any stream (surface or underground), body of water, we6pds, flood prone area, flood plain, floodway or special flood hazard, (e) drainage, (f) soil c6r0itions, /including the existence of instability, past soil repairs, soil additions or conditions of soif fill; or susceptibility to landslides, or the sufficiency of any undershoring, (g) th6,presence of endangered species or any environmentally sensitive or protected areas, (h) zoning or by dlding,entitlements to which the Property or any portion thereof may be subject, (i) the `avdilability pf fiify utilities to the Property or any portion thereof including, without limitation, waQ, sgWage;,,gas and electric, (j) usages of % adjoining property, (k) access to the Property or`�ny poWoh thereof, (1) the value, compliance with the plans and specifications, size, locagen,-_age,,uset deign, quality, description, suitability, structural integrity, operation, title to, or ptlysical or, ii1 dp�ial condition of the Property or any portion thereof, or any income, expenses, dharges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property,,or`.anX vart.'thereof, (m) the condition or use of the Property or compliance of the Pr6p6rty vrth Any-6r all federal, state or local ordinances, rules, regulations or laws, building,,fi�,fe of- zoning ordinances, codes or other similar laws, (n) the existence or non - existence gf`,uiiA0 0und storage tanks, surface impoundments, or landfills, (o) any other matter affecting�xlie staftty,and integrity of the Property, (p) the potential for further development of the Prop4ty,.('g) "the ine'rchantability of the Property or fitness of the Property for any particular purpose; (r)'the,truth, accuracy or completeness of the Property Documents, (s) tax consequences, qr'#j airy , ither,matter or thing with respect to the Property. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE AGREEMENT FOR PURCHASE AND SALE BY,A 'RETWWI, ``,9N GRANTOR AND GRANTEE (AS ASSIGNEE PURSUANT TO T �A�i6 T AND ASSUMPTI ®N OF AGREEMENT FOR PURCHASE ANTI SAL DA&ED MARCH 10, 2009), GRANTOR MAKES NO REPRESENTATIONS OR', *A - `l kS OF ANY KIND TO GRANTEE, INCLUDING, WITHOUT L54ITAtfON, THE PHYSICAL CONDITION OF TIME PROPERTY, OR ITS ,"SUITAB* TSV FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY. � *E IS RELYING ON ITS INVESTIGATIONS OF THE PROPERTY IN DkTE g ING WHETHER TO ACQUIRE IT. THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL PART OF THE CONSIDERATION FOR GRANTOR EXECUTING THIS SPECIAL WARRANTY DEED, AND SHALL SURVIVE CLOSING. Pa PINELLAS COUNTY FL OFF. REC. BK 16522 PG 1522 TO HAVE AND TO HOLD the Property in fee simple, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to WARR 41 = ; ' AND FOREVER DEFEND all and singular the title to the Property unto the said Granted,- Its, i successors and assigns against every person whomsoever lawfully claiming or to claim Ai a same; or any part thereof by, through, or under Grantor, but not otherwise, subject to the Pe{naltte'd Exceptions. Grantee's address is: Mainstream Partners VIII, Ltd. 10165 N.W. 190 Street ; Miami, FL 33172 ; r [Remainder of page intentionally left blank, sigtci n re pag follows] , it s 3 PINELLAS COUNTY FL OFF. REC. BK 16522 PG 1523 DATED as of March 13 2009. ' VVINYVIEW Sign: Print: Sign: Print: STATE OF 'i"F %S § - COUNTY OF ila-4_. , The foregoing instrument was acknowledgo.. befo ,fie this -'� O day of March, 2009, by as Yam . ,�.Stde of 325 South Culfview Boulevard — Clearwater LLC, a Delaware jitbited li6flity'40mpany, on behalf of the company. He/She is personally known tome or has prdditced - '1 as identification. 1 'T PUBLIC: KIMBERLY LYNN JAWON Notary Public, Ste& df Texts ; J — ;fblt�ti�� MYCommissionE pipes,' Print \u �n 3tylq = Vy\ March U9, 201 T State of ai Large (Seal) - ' My ConWssion Expires: M o y L q , 9z I I . PINELLAS COUNTY FL OFF. REC. BK 16522 PG 1524 EXHIBIT A Description of the Property Parcel 1: Lots 8, 9 and 9 -A, Columbia Subdivision No. 3, according to the map or plat tlrereof s'; recorded in Plat Book 27, Page(s) 46, Public Records of Pinellas County, Florida. Parcel 2: Lot 12, Block A, Columbia Sub. No. 2, according to the map or plat thef�6f a_ kdorded in Plat Book 21, Page(s) 79, Public Records of Pinellas County, Florida. Parcel 3: Lot 10 and 10 -A, Columbia Subdivision No. 3, according to ttfe map or,plat=tlieieof as recorded in Plat Book 27, Page(s) 46, Public Records of Pinellas Count}, V' lorida.` Parcel 4: Lots 13 and 14, Block A, Columbia Sub. No. 2, according to the'r�ap`of plat thereof as recorded in Plat Book 21, Page(s) 79, Public Records of Pinellas County, Florida. Parcel 5: Lot 1, Columbia Subdivision No. 4, according tQ the 6A or, 01at thereof as recorded in Plat Book 27, Page(s) 50, Public Records of Pinellas Cdallt`y T-gorida; -' Parcel 6: Lots 11 and 12, Columbia Subdivision N6.,4, according to the map or plat thereof as recorded' in Plat Book 27, Page(s) 50, Ft}bk'C R'eF rdk \ ,of Pinellas County, Florida; also, beginning at the intersection of the high woter mark,©f fhe\4ulf of Mexico and the East and West center line of Section 8, Township 29.Sou'tli, Range', 1'5 East; and run thence East along the East and West center line of said Sectinri- k,,1608_&Z' thence South 1573.94 feet; thence South 77 °25'30" East, 280 feet for a Poiirt of Beginning; thence South 77 °25'30" East, 10 feet; thence South 12 °34'30" West, 50.87 f6etz theftee Nooh 77 °25'30" West, 10 feet; thence North 12 °34'30" East, 50.87 feet to a Pgo o'€; Beginning, otherwise described as Lot 1 -A of Columbia Subdivision No. 5, accgr' hg to tlia tnap or plat thereof as .recorded in Plat Book 31, Page 16, Public Records of Pinellas Qo ty, F1'or'ida. Parcel 7: Lot 2, ;�olumsiaN$iibdbvision No. 4, according to the map or plat thereof as recorded in Plat Book 27, Ph�e(s) 50, 'ublic Records of Pinellas County, Florida. Parcel 8: Lots, :5, and =6; dolumbia Subdivision No. 4, according to the map or plat thereof as recorded VrPlaiiWk 27, Page(s) 50, Public Records of Pinellas County, Florida. Parcer R.1ot$ 3 and 4, Columbia Subdivision No. 4, according to the map or plat thereof as ,;;,recorders in Plat Book 27, Page(s) 50, Public Records of Pinellas County, Florida. Phrcel ,�0: Lot 111 and the Northerly 1/2 of Lot 112, Lloyd- White - Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page(s) 12 and 13, Public Records of Pinellas County, Florida.. Parcel 11: The Southerly 1/2 of Lot 112 and all of Lots 113, 114, 115, 116 and 117, Lloyd - White- Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page(s) 12 and 13, Public Records of Pinellas County, Florida. Lots 63 through 66, inclusive, Lloyd- White - Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page(s) 12 and 13, Public Records of Pinellas County, Florida. A -1 PINELLAS COUNTY FL OFF. REC. BK 16522 PG 1525 Ibis : iI=t -0l Permitted Exceptions 1. The lien of the taxes for the year 2009 and all subsequent years, which are not'yet dote; and payable. 2. Dedications of the Plat of The Lloyd - White- Skinner Subdivision, recorded in Pjatt B64 13, Page 12 of the Public Records of Pinellas County, Florida. 3. Dedications of the Plat of Columbia Sub. No. 2, recorded in Plat$ook 21, Page 79 of the Public Records of Pinellas County, Florida. 4. Dedications of the Plat of Columbia Subdivision No. 3, recorded inP --fatBook 27, Page 46 of the Public Records of Pinellas County, Florida.; 5. Dedications, easements and restrictions of the -Plat oi, Golv4ia Subdivision No. 4, recorded in Plat Book 27, Page 50 of the Public�l� corids- af?'inellas County, Florida. 6. Dedications of the Plat of Columbia Subd`xrtision `No'. 5, recorded in Plat Book 31, Page 16 of the Public Records of Pinellas county, holida \> 7. Easement granted to Florida Eow4r',Corpor4don by instrument recorded in O.R. Book 2610, Page 713. Affects Pareel`9` 8. Rights of apartment tenants in,possosgion, as tenants only, pursuant to unrecorded rental or lease agreements,vitWntrights or options to purchase. IW