Loading...
AGREEMENTPrepared by and return to: Tina M. Fischer, Esq. Fletcher & Fischer, PL 501 East Kennedy Boulevard, Suite 802 Tampa, Florida 33602 813 -898 -2828 [Space Above This Line For Recording Data] AGREEMENT WHEREAS, on May 27, 2004, Mediterranean Village, LLC, a Florida limited liability company ( "Developer ") filed a Declaration of Covenants and Restrictions for Mediterranean Village in the Park, Stage I, dated May 25, 2004 in OR Book 13604, Page 750, as amended in O.R. book 14122, Page 1362, O.R. Book 14780, Page 768 and O.R. Book 14780, Page 771, all of the Public Records of Pinellas County, Florida (the "Declaration "); and WHEREAS, at the time of filing of the Declaration, Developer was the owner of the real property described in Schedule "A ", annexed hereto, which real property constituted the entire parcel designated as Mediterranean Village in the Park, Stage I ( "Mediterranean Village Stage I ") and by so filing, the Developer subjected Mediterranean Village Stage I to the Declaration; WHEREAS, Developer also noted in the Declaration at O.R. Book 13604, Pages 750 — 751 that Developer intended "to acquire additional adjacent property, pursuant to an Agreement for Development to add Stages II and III to Mediterranean Village in the Park ". Stages II and III to Mediterranean Village in the Park are described in the Declaration as being the same real property as set forth in Schedule `B" annexed hereto ( "Mediterranean Village Stages II and III "); WHEREAS, the Declaration at O.R. Book 13604, Page 751, states that "The Stage I, Stage II and Stage III Site Plans are hereinafter collectively referred to as `the Project Site Plan"; and that "it is intended that Stage II and Stage III of Mediterranean Village in the Park shall be bound by these restrictions upon amendment to this Declaration of Covenant and Restrictions incorporating the legal descriptions of the additional parcels "; WHEREAS, notwithstanding the inclusion of Stage II and III Site Plans in the definition of Project Site Plan in the Declaration, at no time did Developer ever acquire the property referred to in the Declaration as Mediterranean Village Stages II and III, nor was such property ever caused to be made subject to the Declaration by its owner, nor was any amendment to the Declaration ever filed or executed making Mediterranean Village Stages II and III subject to the Declaration; WHEREAS, despite the fact that Developer did not own, nor control Mediterranean Village Stages II and III, and as described above at no time was Mediterranean Village Stages II & III made subject to the Declaration, there are several references in the Declaration that imply, by referencing the defined term "Project Site Plan" and/or Exhibits which describe Mediterranean Village Stages II and III, that Mediterranean Village Stage II and III might be bound by the Declaration, to wit: a) the Declaration at O.R. Book 13604, Pages 751 — 752 states: "Developer hereby declares that the Property to be developed pursuant to the Project Site Plan shall be committed to this Declaration, shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth, which shall be binding upon all persons having any right, title or interest in or to the subject real property, and their heirs, successors and assigns and shall constitute covenants running with the land." b) the Declaration at O.R. Book 13604, Page 752 states in Article I, Section 2 that "'Owner' shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any parcel which is a part or a portion of the Property, as depicted on the Project Site Plan ... "; c) the Declaration defines "Mediterranean Village" (Article I, Section 3, O.R. Book 13604 Page 752) as "Mediterranean Village in the Park and all the Parcels depicted on the Project Site Plan, which comprises all or any portion of the Property and such additions thereto as may hereafter be brought within the jurisdiction of the Association." d) the Declaration defines "Parcel" (Article I, Section 8, O.R. Book 13604 Page 753) as "those plots of land depicted upon the Project Site Plan attached to this Declaration as Exhibit "B" and further described in the Plat attached hereto as Exhibit "C ". e) the Declaration at O.R. Book 13604, Page 755 (Article III, Section 1) states "[e]ach Owner of a Parcel Within the Property Which is Subject to Assessment Shall be a Member of The Association ". f) the Declaration at O.R. Book 13604, Page 755 (Article III, Section 13 states " The Association shall have one class of voting membership which shall be all of the owners of each of the Parcels depicted on Exhibit `B' and described in Exhibit `C'." WHEREAS, it appears that by mistake, the Developer attempted to make Mediterranean Village Stages II and III subject to the terms and conditions of the Declaration, although Developer did not have any ownership interest in and to that property; WHEREAS, it appears that by mistake, the Developer attempted to provide the owners of Mediterranean Village Stages II and III with the benefits of belonging to (and being allowed to vote on issues relating to) Mediterranean Village Homeowner's Association, Inc., although Developer did not have any ownership interest in and to that property; and WHEREAS, the undersigned, being the Board Members of the Mediterranean Village Homeowner's Association, Inc. acting on behalf of all of the Owners of units in Mediterranean Village Stage I, and the owner of the real property described in Schedule `B ", desire to set forth their understanding related to the Declaration and the real property that is subject to the Declaration, and the real property that is not subject to the Declaration; NOW THEREFORE, in consideration of the mutual agreements contained herein, the sum of Ten ($10.00) Dollars and other good and valuable consideration, receipt of which is hereby acknowledged by each party hereto, it is agreed as follows: 1. Because of the confusion caused by the language in the Declaration, appearing to subject not only Mediterranean Village Stage I, but also Mediterranean Village Stages II and III to the Declaration, this Agreement is being made to clarify the rights and obligations of each and every owner of real property located in Mediterranean Village Stage I, and as to the current owner of the real property described in Schedule `B" annexed hereto. 2. The real property described in Schedule A, annexed hereto, is and continues to be subject to the Declaration. 3. The Owner's of the Parcels located in Mediterranean Village Stage I (being the real property described in Schedule "A ", annexed hereto) shall continue to enjoy the benefits of membership (including their voting rights) in Mediterranean Village Homeowner's Association, Inc. 4. The real property described in Schedule "B," annexed hereto, never was duly made subject to the Declaration, and continues to be owned free and clear of the rights and obligations of the Declaration. The Owner of the real property described in Schedule "B" is not, and subsequent owners of such real property will not be, an owner of a parcel or parcels entitled to any of the privileges nor any of the burdens associated with membership in the Mediterranean Village Homeowner's Association, Inc. 5. Mediterranean Village Homeowner's Association, Inc. agrees to take such steps as may be necessary to amend its Declaration, so as to define the property and units subject thereto, to be in compliance with the terms of this Agreement. However, the failure to make any such amendment shall not in any way be deemed to make Mediterranean Village Stage II or Stage III (being the real property described on Schedule "B" hereto) subject to the Declaration, nor provide any rights to the owners of that property with respect to membership in the Mediterranean Village Homeowner's Association, Inc. 6. Mediterranean Village Homeowner's Association, Inc. is hereby released of any future liability for claims arising from the real property described in Schedule `B." Remainder of Page Intentionally Left Blank — Signature and Notary pages follow So Agreed: Mediterranean Village Homeowner's Association, Inc., a Florida non profit corporation By: Sherry Schmidt ,esident, Director STATE OF FLORIDA COUNTY OF P i‘,nG``4s The foregoing instrument was acknowledged before me this d i st- day of '3\y , 2014, by Sherry Schmidt, as President and Director of Mediterranean Village Homeowner's (Association, Inc., a Florida non profit corporation, who is ■personally known to me or who has produced as identification. WITNESS my hand and official seal the date aforesaid. (NOTARY SEAL) 11a.r KIMBERLY SPROAT ,., Commission # FF 031598 E Expires October 27, 2017 low gwdedtM UTmy Fin Signature of otary • Print Name: ',cv,AjGALI My Commission Expires: \ I Mediterranean Village Homeowner's Association, Inc., a Florida non profit corporation By: STATE OF FLORIDA COUNTY OF --Pi.OS J n, Inglis, Vice Pres' ent, Director The foregoing instrument was acknowledged before me this '2- day of 5Vt1 -1 , 2014, by Jason, Inglis, as Vice President and Director of Mediterranean Village Homeowner's Association, Inc., a Florida non profit corporation, who is personally known to me or who has produced r i e tOk Deka& CAAJW as identification. WITNESS my hand and official seal the date afor (NOTARY SEAL) GERALD P, GUNKEL MY COMMISSION 8 EE 053494 EXPIRES: January 9, 2015 Bonded Thru Budget Notary Services Signature of Notary_ � Print Name: ``�� � cTakttR My Commission Expires: ' 9°, et )6 STATE OF FL COUNTY OF Mediterranean Village Homeowner's Association, Inc., a Florida non profit corporation c- Th By: haron Colbert, Treasurer, Director, Secretary The foregoing instrument was acknowledged before me this (2.- \ day of t , 2014, by Sharon Colbert, as Treasurer, Director and Secretary of Mediterranean ge meowner's Association, Inc., a Florida non profit corporation, who is personally known to me or who has produced ou.e Y 5 [TiiLas identification. WITNESS my hand and official seal the date aforesaid. (NOTARY SEAL) ,ltd! RACHEL FERNANDEZ MY COMMISSION 1 FF 129679 •._ EXPIRES: June 5, 2018 Rf,tk•` Bonded Thru Notary Public Undenrrilen Si nature ofNotary Print Name: tV ;F-{tk My Commission Expires: 6.5 •) 6 Agreement - Mediterranean Village Homeowners Association Countersigned: — C(€Orte \Cre ir,oJ The City of Clearwater, a Florida municipal corporation of the State of Florida By: lt) William B. Horne, II Mayor Attest: By; Rosemare Call, City Cler George N. Cretekos Approved as to form: t114 Pamela Akin, City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this •1(- day of fijA (t5t, 2014, by George N. Cretekos, as Mayor of the City of Clearwater, a Florida munipal corporation of the State of Florida, who is )/ personally known to me or who has produced as identification. WITNESS my hand and official seal the date aforesaid. (NOTARY SEAL) tip" ° NICOLE SPRAGUE MY COMMISSION # EE 209161 `Bonded Thru Notary Public U derwriters Signature of No Print Name: i C O (€ ' LW. My Commission Expires: J I AN tP Agreement - Mediterranean Village Homeowners Association Executive Director Rod Irwin STATE OF FLORIDA COUNTY OF PINELLAS The Community Redevelopment Agency of the City of Clearwater, Florida By: —Ct,PA5 ft QAet CIttiCos Chairman George N. Cretekos The foregoing instrument was acknowledged before me this / day of 2014, by George N. Cretekos, as Chairman, and Rod Irwin, as the Executive Director e!f the Community Redevelopment Agency of the City of Clearwater, a public body politic and corporate, on behalf of said entity, who are y personally known to me or who have produced as identification, respectively. WITNESS my hand and official seal the date aforesaid. Signature of Notary Ni P i Print Name: tale (aOaE My Commission Expires: J U I g c3,D 1 Lp Schedule "A" (Mediterranean Village in the Park, Stage I) Begin at the Southeast corner of Lot 14, Block 1, MAGNOLIA PARK, as recorded in Plat book 1, Page 70, of the Public Records of Hillsborough County, Florida, of which Pinellas county was once a part, as refiled in Plat book 3, Page 43, Public Records of Pinellas County, Florida; thence North 00 degrees 17 minutes 56 seconds West along the East line of said Lot 14 and Lot 3, Block 1 of said MAGNOLIA PARK, 235.00 feet to a point on the apparent South right of way line of Cleveland Street as described by the Survey Map prepared for the City of Clearwater by Florida Design consultants, Job Number 212 -07, dated April 3, 2001; thence North 89 degrees 57 minutes 12 seconds, East, along said apparent South right of way line of Cleveland Street, 270.00 feet to an intersection of the East line of Lot 8, Block 1, of said MAGNOLIA PARK, and the West right of way line of Prospect Avenue; thence south 00 degrees 17 minutes 56 seconds East along said West right of way line of Prospect Avenue, 97.87 feet; thence leaving said West right of way line East, 14.49 feet; thence south, 30.00 feet; thence West, 14.33 feet to a point on said West right of way line of Prospect Avenue; thence South 00 degrees 17 minutes 56 seconds East, along said West right of way line of Prospect Avenue, 107.14 feet to the Southeast corner of Lot 9, Block 1, of said MAGNOLIA PARK; thence South 89 degrees 57 minutes 12 seconds West along the North right of way of Park Street, 54.00 feet to the Southeast corner of Lot 10, Block 1, of said MAGNOLIA PARK; thence North 00 degrees 17 minutes 56 seconds West, along the East line of said Lot 10, 132.50 feet to the Northeast corner of said Lot 10; thence south 89 degrees 57 minutes 12 seconds West, 202.00 feet; thence South 00 degrees 17 minutes 56 seconds East, 132.50 feet to the North right of way line of Park Street; thence South 89 degrees 57 minutes 12 seconds West along said North right of way line of said Park Street, 14.00 feet to the POINT OF BEGINNING, all lying and being in Pinellas County, Florida. Schedule "B" (Mediterranean Village in the Park, Stages II and III) 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.