AGREEMENT FOR RESTRICED LAND USEUpon recording, return to:
Anne Q. Pollack, Esq.
Fletcher & Fischer, P.L.
501 E. Kennedy Blvd. Ste 802
Tampa, FL 33602
AGREEMENT FOR RESTRICTED LAND USE
This AGREgMENT F R RESTRICTED LAND USE ( "Agreement ") is made and
entered into this r7 day of , 2014, by and between PROSPECT PARK
DEVELOPMENT, LLC, located 477 Commerce Way, Suite 115, Longwood, Florida
32750 ( "DEVELOPER ") and the City of Clearwater, a municipal corporation of the State
of Florida, located at 112 S. Osceola Avenue, Clearwater, Florida ( "CITY ") (collectively
the "PARTIES ").
WHEREAS, the DEVELOPER is the owner of that certain real property as
described in Exhibit "A" ( "Developer Property "), attached hereto and made a part hereof.
WHEREAS, the CITY is the owner of that certain real property as described in
Exhibit "B" ( "City Property "), attached hereto and made a part hereof; and
WHEREAS, the DEVELOPER and the CITY agree that placing certain land use
restrictions on the City Property will accommodate and allow for the required permitting
and approval of the intended development of the Developer Property; and
WHEREAS, the City, on behalf of its citizens, encourages and shall benefit from
such development.
NOW THEREFORE, for and in consideration of the mutual covenants herein
contained, together with other good and valuable consideration, the receipt of which is
herby acknowledged, the PARTIES agree as follows:
1. It is distinctly understood and agreed to by the PARTIES hereto that the
City Property shall not be used for the development or building of any
habitable structure within 30 feet of the Developer Property, and that such
area is hereby designated as a zone that limits construction so as to
provide for the applicable code compliance standards required for any
buildings neighboring on the Developer Property with respect to Table
600 and horizontal separations (as provided for in the 2010 Florida
Building Code).
2. It is agreed that this Agreement shall be recorded in the Public Records of
Pinellas County, Florida, to serve as record notice to successors in
interest of the restriction on the City Property.
3. It is agreed that this document contains the entire agreement between the
PARTIES as to the matter herein contained, and this Agreement shall not
be modified except by an amendment in writing, signed by all PARTIES
hereto.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
first above written.
Countersigned:
— cteOrktt\CP . \ticof
George N. Cretekos, Mayor
Approved as to form:
ame a K. Akin, City Attorney
CITY:
CITY OF CLEARWATER FLORIDA,
a municipal corporation of the
State of Florida
By: 1ikQ i, / . to
William B. th orne, II, City Manager
Attest:
Rosemarie Call, City Cler
Signed, Sealed and Delivered
in the Presence Of:
Sign:
Print:
Sign:Q; 1
Print: l< & -V t )41 1
DEVELOPER:
PROSPECT PARK DEVELOPMENT, LLC,
a Florida limited liability company
By: FDG - Prospect Park Development, LLC
a Florida limited ty company,
its Operating
By:
Name:
Its:
lltn�
11Gi ncL Cje v
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
The foregoing instr ment wq§ ackn wled d before me this /1 day of
��,� , 2014, by �f v . (,t� 11 Ii\ , as Manager of FDG -
Prospe t Real Estate Group, LLC, the Operating Manager of Prospect Park
Development, LLC, a Florida limited liability company, on behalf of the company.
She is personally known to me or who produced as
entification.
,,,YH...
SARA L DELANEY
Notary Public - Nee of Ronda
My Comm. Expiry Jun S, 2017
Commission I EE 874131
„,, •
seem TNiro*Oh Nsfion t Notary Assn.
EXHIBIT A
DEVELOPER PROPERTY
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.
Scale 1" = 100'
This is not a survey
PROSPECT AVENUE
EXHIBIT "B"
Proposed Prospect
Park Development
La1
Block 3 of Magnolia Paik
Loa
`Plat Book 3, Page 43
Lott
_l,I�n�IIIIIIIII�IlIII,._
NORTH
PARK STREET
Lot3
A Replat for the Purpose
o(Showing Alley at North
Side of Blocks A "and f B"
of Coaching n Heights
Plat Book 3Q Page 26
La 16
Let l
Lott
Block "B"
Lo t3
Lot S Lot 20
Legal Description:
City owned property described as follows:
Lots 1, 2 and a portion of Lots 3 and 4 of Block 3 as recorded in the plat "Magnolia Park" in
Plat Book 3, Page 43 in the Public Records of Pinellas County, FI.; along with Lots, 1, 2, 3 and
4, along with portions of Lot 5, 16, 17, 18, 19 and 20 of Block "A" as recorded in the plat "A
Replat for the Purpose of Showing Alley at North Side of Blocks "A" and "B" of Coachman
Heights" in Plat Book 20, Page 26 in the Public Records of Pinellas County, FL; along with a
portion of the vacated alley, portions of vacated Park Street and vacated Pierce Street.
Lot4
PIERCE STREET
Lot 16
Lot 17
Lot 18
La 19
MARTIN LUTHER KING, JR. AVENUE
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
ORM M
L. Cheek
aerate n
T. Mahony
on<
7/17/14
Legal Description for
City Owned Property
0 Prospect Lake
OOt0. 110.
LqI- 2014 -14
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