PARK ACCESS AGREEMENTUpon recording, return to:
Anne Q. Pollack, Esq.
Fletcher & Fischer, P.L.
501 E. Kennedy Blvd. Ste 802
Tampa, FL 33602
PARK ACCESS AGREEMENT
THIS AGREEMENT is made this V' day of j a- , 2014, by and between
THE CITY OF CLEARWATER, a municipal corpora ion of the State of Florida ( "City ")
and PROSPECT PARK DEVELOPMENT, LLC, a Florida limited liability company
( "Developer ").
WHEREAS, Developer has acquired title to the real property described in Exhibit
"A" (the "PROSPECT PROPERTY ") hereto and is developing that property pursuant to a
development agreement dated June 10, 2014 ( "Development Agreement ") by and
between Developer and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body corporate and politic of the State of Florida
created pursuant to Part III, Chapter 163, Florida Statutes, for which a Memorandum of
Agreement for Development and Purchase and Sale of Property is recorded in O.R.
Book 18438, Page 846, in the public records of Pinellas County, Florida; and
WHEREAS the PROSPECT PROPERTY is located adjacent to a public park and
stormwater treatment facility owned by the City; and
WHEREAS the development plans for the PROSPECT PROPERTY include
access to the development on the PROSPECT PROPERTY from the sidewalks
constructed within the public park and access to the park by the general public during
business hours through a retail plaza to be constructed on the PROSPECT PROPERTY;
and
WHEREAS, the City and the Developer desire to memorialize the rights of
access by entering into this Agreement.
NOW THEREFORE, the parties agree, as follows:
1. GATED ENTRIES ONTO PARK SIDEWALK PERMITTED. Access shall
be provided to the public park sidewalk via the gate located along the
PROSPECT PROPERTY boundary and between Buildings C and D,
between the hours of 9:00 am and 6:00 pm.
2. ACCESS TO PARK THROUGH RETAIL PLAZA. Access shall be
provided to the public park via a gate located within the retail plaza on the
PROSPECT PROPERTY and located between Buildings A and B,
between the hours of 9:00 am and 6:00 pm.
IN WITNESS WHEREOF, the parties have executed this agreement on the day
and year first above written.
Countersigned:
— cjwr\enere\ .01
George N. Cretekos, Mayor
Approved as t form:
Pa ela . A in, City Attorney
CITY:
CITY OF CLEARWATER FLORIDA,
a municipal corporation of the
State of Florida
By: 11,0 ..QOtau 6.64
William B. Horne, II, City Manager
Attest:
tQ�l cc..
Rosemarie Call, City Clerk
Signed, Sealed and Delivered
in the Presence Of:
Sign:
Print:
Sign:
Print:
KO-Li 14
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
DEVELOPER:
PROSPECT PARK DEVELOPMENT, LLC,
a Florida limited liability company
By: FDG- Prospect Park Development, LLC
a Florida IimiteSJ.l+• bill company,
its Operatin
By: /'
Name: �'' -/ P( �. 61)111 r)(
Its: fl(7 ( 1'1 0 ell
The foregoing instr ment was ackngwled9ed before me this ` day of
, 2014, by �-e—e , Lot , as Manager of FDG -
Prospea5t 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
identification.
Notary Public
00w. SARA L DELANEY ' 1
:° + Nobuy Public - Stats of Rollie • My Comm. Eyhss Jun S. 2017
•,,, a; Commission N EE $74131
"' ''' " P s Bonded Through National Notary Ann. 0
EXHIBIT A
Prospect 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