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MEMORANDUM OF FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND PURCHASE AND SALE OF PROPERTYUpon recording, return to: Anne Q. Pollack, Esq. Fletcher & Fischer, P.L. 501 E. Kennedy Blvd. Ste 802 Tampa, FL 33602 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 111— day of August, 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 (I L '7 � , 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. Approved as fo form: Pamela K. Akin City Attorney Signed, Sealed and Delivered in the Pr -sence of: Sign: Print: Sign: Print: Iii -h t STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER By: —gfeo rttr\ crt Vol George N. Cretekos Chairperson PROSPECT PARK DEVELOPMENT, LLC, a Florida limited liability company By: FDG - Prospect Park Development, LLC a Florida limited 'ability company, its Operatingge By: Name: Its: The foregoing instrument was acknowledged , 2014, by c -PI-e r {-f . (,C l I Real EJtate Group, LLC, the Operating Manager of Pr limited liability company, on behalf of the company. produced as identification. before me this a day of , as Manager of FDG - Prospect ect Park Development, LLC, a Florida e is personally known to me or who Publi u i Notary P SAM L OEL/NEy Notary Public - State of Florida • My Comm. Expires Jun 5, 2017 Commission # EE 874131 sk rinnded Through Nanonal Notary Assn EXHIBIT A 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°12'4V 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 °0513" 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.