FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTYFIRST AMENDMENT TO
AGREEMENT FOR DEVELOPMENT
AND
PURCHASE AND SALE OF PROPERTY
This First Amendment to Agreement for Develo ent and Purchase and Sale of Property
( "First Amendment ") is made as of this '1'N'` day of , 2014, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CI OF CLEARWATER, FLORIDA, a
public body corporate and politic of the State of Florida created pursuant to Part III, Chapter 163,
Florida Statutes ( "Agency "), and PROSPECT PARK DEVELOPMENT, LLC, a Florida limited
liability company ( "Developer ").
WITNESSETH:
WHEREAS, the Agency and the Developer entered into an Agreement for Development
and Purchase and Sale of Property dated June 10, 2014 ( "Development Agreement "), as
evidenced by that certain "Memorandum of Agreement for Development and Purchase and Sale of
Property" dated June 16, 2014, and recorded in Official Record Book 18438, Page 846 of the
Public Records of Pinellas County, Florida, to develop certain parcels located on Cleveland Street
and Prospect Avenue in Downtown Clearwater, Florida, and legally described and depicted as set
forth in Exhibit A, for a development known as the Prospect Park project ( "Project ") as more
specifically described and defined in the Development Agreement; and
WHEREAS, to ensure that sufficient commercial entitlements are available for the retail
uses and for the Live/Work Units, additional commercial entitlements are needed
WHEREAS, the parties now desire to amend certain provisions of the Development
Agreement, on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows:
Section 1. That the Development Agreement, ARTICLE 1., DEFINITIONS, Section 1.01(30)
"Project ", is hereby amended to read as follows:
ARTICLE 1. DEFINITIONS.
"(30) "Project" means the 257 residential multi - family dwelling units, including 7
Live/Work Units, and appurtenant facilities, and up to 24,000 square feet allowable ground
floor retail space, to be located on the Project Site as contemplated by the Proposal and
this Agreement and constructed substantially in accordance with the Project Plans and
Specifications.
Section 2. That the Development Agreement, ARTICLE 3., LAND USE REGULATION AND
RESTRICTIONS ON USE, Section 3.01 "Zoning ", is hereby amended to read as follows:
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
"3.01. Zoning. On the Effective Date, the zoning classification for the Project Site is
Downtown, abbreviated as "D." The parties recognize and acknowledge that the zoning
classification of the Project Site as of the Effective Date permits residential development of
the Project Site of 30 residential dwelling units per acre. The Project Site is approximately
6.4 acres which will currently allow development of 191 residential multi - family dwelling
units. Developer shall apply to the City for an allocation of an additional 56 to 69 residential
multi - family dwelling units, of which 7 residential units shall be Live -Work Units as shown in
Exhibit B (except as provided in Section 3.07(0), and between 10,000 to 24,000 square feet
of retail use from the Public Amenities Incentive Pool, as more particularly described in
Section 3.04 hereof.
Section 3. That the Development Agreement, ARTICLE 3., LAND USE REGULATION AND
RESTRICTIONS ON USE, Section 3.04(a), 'Permits ", is hereby amended to read as follows:
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
"3.04. Permits.
(a) (a) The Developer shall prepare and submit to the City by no later than three
months following the approval of the Development Agreement, (i) a complete and
sufficient application for flexible development approval of a comprehensive infill
redevelopment project to allow development of the Project in accordance with the
Project Plans and Specifications; and (ii) a complete and sufficient public amenities
incentive pool use application requesting between 56 and 69 residential multi - family
dwelling units and at least 10,000 square feet and no more than 24,000 square feet
of retail be allocated to the Project Site from the Public Amenities Incentive Pool
(collectively, "Applications "). The Applications are subject to approval by the
Clearwater Community Development Board ( "CDB "). The parties acknowledge that
the CDB is an independent entity which is not a party to this Agreement and will
render its independent decision concerning the Applications.
Section 4. That the Development Agreement, ARTICLE 3., LAND USE REGULATION AND
RESTRICTIONS ON USE, Section 3.07(a) and (b), "Permitted Uses ", are hereby amended to read
as follows:
ARTICLE 3. LAND USE REGULATION AND RESTRICTIONS ON USE.
"3.07. Permitted Uses.
(a) The Project shall consist of no fewer than 225 and not more than 260 residential
multi - family dwelling units and associated appurtenances and amenity space as shown on
the Proposed Site Plan. Seven (7) residential multi - family dwelling units fronting on
Cleveland St. and Prospect Avenue as identified in Exhibit B shall be mixed use Live/Work
Units except as otherwise permitted in §3.07(f), herein.
(b) The Project shall contain between 10,000 square feet and 24,000 square feet of
Allowable Retail Uses to be located on the first floor.
Section 5. That the Development Agreement, ARTICLE 5., PROJECT FINANCING, Sections
5.02(b) "Notice of Developer's Default" and 5.03(a)(1) and 5.03(c) "Cure of Developer's Default by
Lender", are hereby amended to read as follows:
ARTICLE 5., PROJECT FINANCING
5.02. Notice of Developer's Default.
(b) Any notice from the Agency to the Developer specifying an event of default by the
Developer under Section 12.01 hereof shall, at the same time it is provided to the
Developer, be mailed by the Agency to any Construction Lender by certified mail, return
receipt requested, at its address last given to the Agency by the Developer and at the
address of the Construction Lender provided in Section 15.03, "Notices ", herein, prior to
such notice; provided, however, the failure of the Construction Lender to receive any such
notice shall not constitute a material breach or default of this Agreement by the Agency, nor
shall it constitute a waiver by or preclude or delay the Agency from proceeding with or
enforcing any right or remedy available to it under this Agreement. The notice from the
Agency to the Construction Lender shall state the basis of the default, the particular
provision of this Agreement under which the Developer is in default and shall include copies
of any pleadings in any proceedings instituted by the Agency incident thereto.
5.03. Cure of Developer's Default by Lender.
(a) (1) Following the Agency providing the notice under Subsection 5.02(b) hereof,
the Construction Lender may, at its election, cure or remedy the default by the
Developer described in such notice. If the Construction Lender elects to cure such
default, it shall give notice of such election to the Agency and the Developer within
ninety (90) days after the Agency issued its notice of default by the Developer as
provided in Section 12.01 hereof.
(c) If the Construction Lender elects to cure or remedy the Developer's default
hereunder as provided in subsection (a) hereof, it shall then be subject to and bound by the
provisions of this Agreement and the actions required to be taken to remedy or cure said
default that, but for the default by the Developer, would have been applicable to the
Developer.
Section 6. That the Development Agreement, ARTICLE 6., PROJECT SITE CONVEYANCE,
Subsection 6.09(a) of Section 6.09, "Conditions to Closing ", is hereby amended in part to read as
follows:
ARTICLE 6., PROJECT SITE CONVEYANCE
"6.09. Conditions to Closing.
(a) The obligation of Developer to purchase the Project Site is subject to the following
( "Conditions to Closing ") unless waived by the Developer on or before the Closing Date:
(1) Developer's purchase of the Project Site is contingent upon Developer
obtaining approval of the Applications, resulting in a site plan approval of the Project for no
fewer than 225 multi - family residential dwelling units and 10,000 square feet of ground floor
retail space. Approval of 257 multi - family residential dwelling units and up to 24,000 square
feet of ground floor retail shall be sought by Developer but are not conditions precedent to
closing.
(2) The representations and warranties of Agency set forth herein being true on
and as of the Closing Date with the same force and effect as if such representations and
warranties were made on and as of the Closing Date.
(3) The Project shall be in compliance with the zoning, land use and
concurrency requirements for the Project for no fewer than 225 multi - family residential
dwelling units and 10,000 square feet of ground floor retail space.
Section 7. That the Development Agreement, ARTICLE 11., REPRESENTATIONS,
WARRANTIES AND COVENANTS OF THE AGENCY, Section 11.02(d) "Covenants ", is hereby
amended to read as follows:
ARTICLE 11. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
AGENCY
11.02. Covenants. The Agency covenants with the Developer that until the earlier of the
Termination Date or the Expiration Date:
(d) The Agency shall not request or recommend any rezoning or comprehensive plan
land use change of the Project Site, or any part thereof, which will prevent or adversely
affect the development of the Project.
Section 8. That the Development Agreement, ARTICLE 15., MISCELLANEOUS, Section
15.03 "Notices ", is hereby amended to read as follows:
ARTICLE 15. MISCELLANEOUS.
"15.03. Notices.
(a) All notices, demands, requests for approvals or other communications given by
either party to another shall be in writing, and shall be sent by registered or certified mail,
postage prepaid, return receipt requested or by overnight courier service, or by hand
delivery to the office for each party indicated below and addressed as follows:
To the Developer:
Prospect Park Development, LLC
Go Prospect Real Estate Group, LLC
477 Commerce Way, Suite 115
Longwood, Florida 32750
Attention: Frank Tetel, Vice President
with copies to:
Leigh Kellett Fletcher, Esquire
Fletcher & Fischer, P.L.
801 E. Kennedy Blvd. Suite 802
Tampa, Florida 33602
To the Agency:
Community Redevelopment Agency of
the City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attention: Rod Irwin
with copies to:
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attention: City Attorney
Forge Development Group, LLC
102 West Whiting Street
Suite 600
Tampa, Florida 33602
Attention: Robert Moreya and Peter H. Collins
To the Construction Lender:
W. Brett Moss
Vice President
U.S. Commercial Real Estate
BMO Harris Bank N.A.
129 East Gore Street
Orlando, FL 32801
Section 9. That EXHIBIT "B" to the Development Agreement, PROPOSED SITE PLAN, is
hereby deleted and replaced in its entirety with the Revised Proposed Site Plan, attached hereto as
Exhibit B.
Section 10. The City of Clearwater, a municipal corporation, has joined in this First
Amendment for the sole purpose of reflecting its agreement to cooperate and support the
Agency in meeting the obligations of the Agency as set forth in Development Agreement and in
this First Amendment.
Section 11. Simultaneous with execution of this First Amendment by the parties, the Agency
and the Developer agree to execute the short form "Memorandum of First Amendment to
Agreement for Development and Purchase and Sale of Property", the form of which is attached
hereto as Exhibit C, and agree, authorize and hereby direct such Memorandum to be recorded
in the public records of Pinellas County, Florida, as soon as possible after execution thereof.
The Agency shall pay the cost of such recording.
Section 12. All terms and provisions of the Development Agreement not modified, changed
or amended hereby shall remain in full force and effect.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed
as of the day and year first written above.
AGENCY
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA
By:
Approved as to form: Attest:
Pamela K. Akin
Attorney for
Community Redevelopment Agency
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
aogtr•Cet iaf
Name: Cie N . Cirrl-ca
Chairperson
V� QORptE
L4 C 11 t Cell Q -E-e Ei �st• CP ;�
Rosemarie Call =1-10 ›''_
City Clerk =�J' `j nzi wilmililloo
DEVELOPER
PROSPECT PARK DEVELOPMENT, LLC
a Florida limited liability company
By: FDG - Prospect Park Development, LLC
a Florida limited liability company
its Operating Manager
By:
Name:
Its:
LU����
MCORCHe V
The foregoing instrument was acknowledged before me this
2014, by Ce l-er , as Manager of FDG -
Group, LLC, the Operating Manager of Prospect park Development,
liability company, on behalf of the company. She is personally
produced as identification.
dI
day of July,
Prospect Real Estate
LLC, a Florida limited
known to me or who
Pr flt/Type Nam
Notary Public
d ` i,.,,,, SARA L DELANEY
��.���u� Notary Public - State of RAN '
My Comm. Expires Jun 5, 2017
7 Commission EE 874131
....; ... Bonded Through National Notary Assn. ■
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF
PROPERTY INCLUDING PROSPECT PARK DEVELOPMENT, LLC
Countersigned:
eo rye r10`tIR tOS
George N. Cretekos
Mayor
d alto form:
Pamela K. in
City Attorney
CITY
CITY OF CLEARWATER FLORIDA,
a municipal corporation of the State of Florida
By: W
William B. Horne, II
City Manager
Attest:
By:
Rosemarie Call
City Clerk
LIST OF EXHIBITS
EXHIBIT A Legal Description
EXHIBIT B Revised Proposed Site Plan
EXHIBIT C Memorandum of First Amendment to Agreement for Development
and Purchase and Sale of Property
EXHIBIT A
Legal Description
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 2, MAGNOLIA PARK
SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 43 PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE BOUNDARY LINE OF
MEDITERRANEAN VILLAGE IN THE PARK SUBDIVISION AS RECORDED IN PLAT BOOK
125, PAGES 44 THROUGH 46, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
THENCE ALONG THE BOUNDARY LINE OF SAID MEDITERRANEAN VILLAGE IN THE
PARK, THE FOLLOWING THREE COURSES: SOUTH 00 °02'16" WEST, 8.16 FEET; THENCE
NORTH 89 °57'44" WEST, 21.42 FEET; THENCE SOUTH 00 °17'21" WEST, 52.12 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF PARK STREET; THENCE LEAVING THE
SAID BOUNDARY LINE OF MEDITERRANEAN VILLAGE IN THE PARK AND ALONG THE
SAID SOUTH RIGHT OF WAY LINE OF PARK STREET, SOUTH 89 °39'49" EAST 288.90
FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER
KING, JR. AVENUE; THENCE LEAVING THE SAID SOUTH RIGHT OF WAY LINE OF PARK
STREET AND ALONG THE SAID WEST RIGHT OF WAY LINE OF SOUTH MARTIN LUTHER
KING, JR. AVENUE, SOUTH 00 °04'00" WEST 264.88 FEET TO A POINT ON THE NORTH
RIGHT OF WAY LINE OF PIERCE STREET; THENCE LEAVING THE SAID WEST RIGHT OF
WAY LINE OF SOUTH MARTIN LUTHER KING, JR. AVENUE AND ALONG THE SAID
NORTH RIGHT OF WAY LINE OF PIERCE STREET AND THE EXTENSION THEREOF,
NORTH 89 °39'04" WEST 386.83 FEET; THENCE LEAVING THE SAID EXTENSION OF THE
NORTH RIGHT OF WAY LINE OF PIERCE STREET, NORTH 05 °34'56" WEST 61.39 FEET;
THENCE NORTH 15 °56'32" WEST, 122.03 FEET; THENCE NORTH 29 °12'41" WEST, 115.70
FEET; THENCE NORTH 53 °04'15" WEST, 52.08 FEET; THENCE NORTH 89 °54'47" WEST,
252.52 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH PROSPECT
AVENUE; THENCE ALONG THE SAID EAST RIGHT OF WAY LINE OF SOUTH PROSPECT
AVENUE, NORTH 00 °05'13" EAST, 251.17 FEET TO A POINT ON THE SOUTH RIGHT OF
WAY LINE OF CLEVELAND STREET, SAID POINT BEING THE NORTHWEST CORNER OF
TRACT 2 OF SAID MEDITERRANEAN VILLAGE IN THE PARK; THENCE LEAVING THE
SAID EAST RIGHT OF WAY LINE OF SOUTH PROSPECT AVENUE, ALONG THE SAID
SOUTH RIGHT OF WAY LINE OF CLEVELAND STREET, SOUTH 89 °41'20" EAST, 647.02
FEET TO A POINT ON THE WEST LINE OF THE EAST 50 FEET OF BLOCK 5, MRS. SARAH
MCMULLEN'S SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 41, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE LEAVING THE SAID SOUTH RIGHT
OF WAY LINE OF CLEVELAND STREET, ALONG THE SAID WEST BOUNDARY LINE OF
THE EAST 50 FEET OF BLOCK 5, SOUTH 00 °03'59" WEST, 235.00 FEET TO A POINT ON
THE NORTH RIGHT OF WAY LINE OF PARK STREET; THENCE LEAVING THE SAID WEST
BOUNDARY LINE OF THE EAST 50 FEET OF BLOCK 5, ALONG THE SAID NORTH RIGHT
OF WAY LINE OF PARK STREET, NORTH 89 °41'20" WEST, 137.10 FEET TO THE POINT
OF BEGINNING. CONTAINING 279,998 SQUARE FEET (6.428 ACRES) MORE OR LESS.
EXHIBIT B
'Revised Proposed Site Plan'
D - DOWNTOWN
CBD - CENTRAL BUSINESS DISTRICT
CLEVELAND STREET
VE
Nan1 20,
137.10(r) IE
52.00(F)...
EXISTING
STORMWATER
MANAGEMENT POND
SITE PLAN NOTES.
1. ALL DIMENSIONS SNOVM ARE TO FACE OF ORB.
i mmY ED r EEF a
TOPOGRAPHIC SURVEY PREPARED ARE TAKEN
3. E BUILDING !BOVEGROLKDIMENSIONS ARE TO OUTSIDE EDGE OF
TOPOGRAPHIC ALL TO HE PROPERTY UNE ARE BASED ON THE BOUNDARY
S. INSTALL ISOLATNN JOINTS MERE EDGE OF ASPHALT PAVEMENT ABUTS
CONCRETE DRIVEWAYS ALONG EDGE OF CURB UN. ABUTTING CONCRETE
PAVEMENT, ALONG EDGE OF SIDEWALKS ABUTTING CONCRETE PAVEMENT;
AROUND ALL STORM INLETS MANMXES, VALVE BOXES AND BOLLARDS
(ABOVE GROU O AFFARTENANCES CWRDINATEw ARCHITECTURAL PLANS
FOR ISOLAROR JOINTS ADJACENT TO BUILDING EWES
S SEE GENERAL NOTE SHEET FOR MANTENANCE OF TRAFFIC NOTES.
7. ALL OTECHARICALE UIPM N SHALL BE SCREENED IN ACCORDANCE WITH
CRY
B SITE N. SEALED By A FEEVEIIISALL SURVEYOR OR RB�JI IN THE THAT OF
FLORIDA PRIOR TO ANY C.O. BEING ISSUED. PUBLIC NORKSI ENGINEERING
TO FIELD INSPECT ASEIUILTS FOR ACCURACY.
NS 3<'88 "A ;.
PIERCE STREW S.
SITE CONTRACTOR TO SCHEDULE APRE-SITE ISSUANCE PRIOR TO ... fy i.
OF A BUILDING PERMIT. CALL THE ENGNEERNG DEPARTMENT AT s s,
v
] 503.A]SO AT LEAST NHOURS PRIOR TO THE APPOINTMENT, �. T
SITE CONTRACTOR ANWALL EASEMENT(W SHALL BE OBTAINED _ . .._._.. .
CCONECORDE-58 0 CHUCK 1 PRIOR LANE. REAL ESTATE SERVICE COORDINATOR
EDITOR SI. PLEASE
]l]1J]i0.
RECORDED NOTICE OF COMMENCEMENT
PRIOR ioiSSANCE OF PERMIT.
12. SRE NOTES APPLY TO ALL SHEETS WHERE APPLICABLE.
13. BASE FLOOD ELEVATION FOR THE SITE IS S.0 FT,
T<. REFER TO HORIZONTAL CONTROL PLAN FOR CURVE AND UNE TABLES
PORDCRO
PAVING, DRAINAGE
SECTIONS FOR STN
ORWATER POND DESIGN.
AND CROSS
REFER TO PAVING, GRACING AND DRAINAGE PLANS FOR CURB
TRANSITIONS WITHIN ISLANDS ADJACENT TO PROPOSED. SIDEWALKS.
D - DOWNTOWN
CBD - CENTRAL BUSINESS DISTRICT
LEGEND
1. VP TWACAL
RADIUS
HANDICAP
RP,/
O � I ACES
—R ITPNMACENGSI
PROPOSED STREET LIGHT
N
HANDICAP 0 LA LIGHT PROPOSED CURE, TYPE D
— PROPERTY LINE
EXISTING EDGE OF PAVEMENT
SETBACK LINE
PROPOSER CONCRETE
EXISTING CONCRETE
PROPOSED ASPHALT VLT DT SEDeT,,
PROPOSED SEE TVj NT
(HEAVY OUT, DEA
PROPOSED IG-3GOIJS PAVEMENT
COB Fl4-Submtla4
IER
DOB Sub
FDA Sub..
Deta
Baker Barrios
no
0 0-7014
tag.m UNOM :.SITS s
CLEVELAND STREET REDEVELOPMENT
PROSPECT LAKE
PARK REAL RK SITE
O
ESTATE GROUP ,....,
CLEARWATER, FL 33611
MASTER SITE PLAN
PPO3ECT NO.
130001.00
SC3.00
CLEVELAND STREET
EXISTING
STORMWATER
MANAGEMENT POND
V.747g44==
„ •
0).03-2014
0,09-2014
0,30-2014
D1-16-2014
12 13.2013
Dale
CO0 Rs-Buten,.
COB Submittal
FOA Bk.maal
Informal Car suOinission/rewev .
TORE WV Cs 'NE 4.1404TECTS FW.PS
1.1.110. MOALIL11, PI!. MO
SPECIPUMBCCAP11,41,111,14EAWKABLE
(I") Csirdroo
773E
12
Raker Barrios
3ER
,DP
lOP
OF
Brven rerlenqa. PE
BLZ
BLS
BLZ
BLZ
0,30,014
CLEVELAND STREET REDEVELOPMENT
PROSPECT LAKE
PARK SITE
PROSPECT REAL
ESTATE GROUP
CLEARWATER, FL nbla
rRorCr
SITE PLAN 1
14101ER
130001.00
SC3.01
10 12
CLEVELAND STREET
60' PUBLIC RIGHT —OE —WAY
IDING'B' - 4 STORY
ROLM WASTE ACTOR
MARX W CITY Of CtEEARWWATEERR CODE
�w'311�41�
.YG PENCE IRACCORDANCE
WM, OF CLEA¢WATER COOS
N89.41'20 "ri
137.10(F)
GAM I
A p�
E !r
RO NANO
AiiE B C FOTI .
ANIMORMidi
6 CONCRETE
7,:74xacore.
PIERCE STREET
OR. 1437, PC. SPI k
60 PUBLIC RICHT—OF:WAY WI CT' 06 CLEARWATER 091
I 1 1
1 E 3
Informal CtY...iWreview v,
IDP
BIZ
Date
CLEVELAND STREET REDEVELOPMENT
PROSPECT LAKE
PARK SITE
PROSPECT REAL
ESTATE GROUP
CLEARWATER, FL 33610
SITE PLAN 2
130001.00
SC3.02
EXHIBIT C
MEMORANDUM OF FIRST AMENDMENT TO AGREEMENT
FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTY
This Memorandum of First Amendment to Agreement for Development and Purchase
and Sale of Property ( "Memorandum ") is made this _ day of , 2014, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORIDA, a public body corporate and politic of the State of Florida (the "Agency "), whose
address is 112 S. Osceola Avenue, Clearwater, FL 33756, and PROSPECT PARK
DEVELOPMENT LLC, a Florida limited liability company, whose address is 477 Commerce
Way, Suite 115, Longwood, Florida 32750.
This Memorandum pertains to a First Amendment to Agreement for Development and
Purchase and Sale of Property by and between the Agency and the Developer, dated as of
, 2014 (the "First Amendment "), which provides, among
other things, for an increase in commercial entitlements to allow for the development within a
project site more particularly described in Exhibit "A ", attached hereto and incorporated herein,
to be completed as was intended, as is more specifically provided in the First Amendment.
The First Amendment is incorporated herein and made a part hereof by reference as
fully as though it were set forth herein in its entirety. It is the intention of the parties to hereby
ratify, approve and confirm the First Amendment as a matter of public notice and record.
Nothing herein shall in any way affect or modify the First Amendment, nor shall the provisions of
this Memorandum be used to interpret the First Amendment. In the event of conflict between
the terms of this document and those contained in the First Amendment, the terms in the First
Amendment shall control.
A copy of the fully- executed First Amendment is on file with the. City Clerk, City of
Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is
available for review and copying by the public.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER
By:
Approved as to form: Attest:
Pamela K. Akin
City Attorney
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
George N. Cretekos
Chairperson
Rosemarie Call
City Clerk
PROSPECT PARK DEVELOPMENT, LLC
a Florida limited liability company
By: FDG — Prospect Park Development, LLC
a Florida limited liability company
its Operating Manager
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of
,2014, by ,as
of FDG - Prospect Real Estate Group, LLC, the Operating Manager of Prospect Park
Development, LLC, a Florida limited liability company, on behalf of the company. He /She is
personally known to me or who produced as identification.
Print/Type Name:
Notary Public