08/04/2014Monday, August 4, 2014
1:00 PM
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
City Hall Chambers
Community Redevelopment Agency
Meeting Agenda
August 4, 2014Community Redevelopment Agency Meeting Agenda
1. Call To Order
2. Approval of Minutes
2.1 Approve the minutes of the June 2, 2014 CRA Meeting as submitted in written
summation by the City Clerk.
3. Citizens to be Heard Regarding Items Not on the Agenda
4. New Business Items
4.1 Ratify and confirm repayment of Community Redevelopment Agency (CRA)
interfund loans for the environmental cleanup of Clearwater Automotive
Salvage Yard and approve a 30% discount of said loan according to EPA rules
for a total repayment amount of $454,179 to the City of Clearwater’s
Brownfields Cleanup Revolving Loan Fund (BCRLF).
4.2 Approve the Agreement for Exchange of Real Property (Exchange Agreement)
between the Community Redevelopment Agency (CRA) and the City of
Clearwater; authorize cash compensation to be paid from the CRA to the City
in an amount not to exceed $301,303 funded from sales proceeds; and
authorize the appropriate officials to execute same, together with all other
instruments required to affect closing.
4.3 Approve the First Amendment to Agreement for Development and Purchase
and Sale of Property by and between the Community Redevelopment Agency
(CRA) and Prospect Park Development, LLC (Developer); and authorize the
appropriate officials to execute same.
5. Trustees Discussion Item
5.1 Multicultural Farmer's Market - Trustee Polglaze
5.2 Farmer's Market Location (shift east one block on Cleveland St. from last
location) - Trustee Polglaze
5.3 Community Garden (site of former motel on Cleveland St.) - Trustee Polglaze
5.4 Report from Ashville NC where there are three top grocery stores next to each
other in the same block: Whole Foods, Harris Teeter, and Trader Joe’s -
Trustee Jonson
5.5 CRA Monthly Project Status Reporting Request - Trustee Jonson
6. Adjourn
Page 2 City of Clearwater Printed on 8/4/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-357
Agenda Date: 8/4/2014 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: Community Redevelopment Agency
Agenda Number: 2.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the June 2, 2014 CRA Meeting as submitted in written summation by
the City Clerk.
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/31/2014
Community Redevelopment Agency Meeting Minutes June 2, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
Meeting Minutes
Monday, June 2, 2014
1:00 pm
Council Chambers
Community Redevelopment Agency
Page 1 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes June 2, 2014
Present 5 - Chair George N. Cretekos, Trustee Doreen Hock-DiPolito, Trustee
Jay E. Polglaze, Trustee Bill Jonson, and Trustee Hoyt Hamilton
Also Present: Jill S. Silverboard - Assistant City Manager, Rod Irwin - CRA Executive
Director/Assistant City Manager, Pamela K. Akin - City Attorney,
Rosemarie Call - City Clerk, Nicole Sprague - Official Records and
Legislative Services Coordinator
To provide continuity in research, items are listed in agenda order although not necessarily
discussed in that order.
UNAPPROVED
1. Call To Order - Chair Cretekos
The meeting was called to order at 1:08 p.m. at City Hall. 2. Approval of Minutes
2.1 Approve the minutes of the September 16, 2013 CRA meeting as submitted in written
summation by the City Clerk.
Trustee Jonson moved to approve the minutes of the September
16, 2013 CRA meeting as submitted in written summation by the
City Clerk. The motion was duly seconded and carried
unanimously.
3. Citizens to be Heard Regarding Items Not on the Agenda - None. 4. New Business Items
4.1 Approve Agreement for Development and Purchase and Sale of Property between the
Community Redevelopment Agency of the City of Clearwater and Prospect Park
Development, LLC, and authorize the appropriate officials to execute same.
The City and CRA's redevelopment strategy emphasizes the creation of a significant
residential concentration in and around the downtown core, to create the support for a retail
and recreation destination environment in the Cleveland Street District. In addition, the
City's Economic Development Strategic Plan calls for the growth/support of employment
opportunities as part of the CRA's Technology District and its software/information
technology industry cluster. The CRA views the development of the Cleveland Street and
Prospect Lake Park site as a major opportunity to further these strategies by adding a
mixed-use project that activates the street and creates living opportunities for the District's
workforce. Page 2 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes June 2, 2014
The CRA released a Request for Proposals/Qualifications (RFP/Q) 12-13 on February 19,
2013 with the goal of selecting a qualified Development Team to successfully develop the
5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown
Clearwater, one block east of the Downtown Core.
Four proposals were received on April 2, 2013. After review and ranking, the Selection
Committee recommended the CRA negotiate an Agreement with the top-ranked Developer,
Prospect Real Estate Group, LLC, on June 18, 2013. The proposal from Prospect meets all
stated CRA objectives:
• A market-rate, urban residential project with ground floor retail;
• Ability to finance the proposed project;
• Ability to construct the project in the timeframe requested; and
• A purchase price of the site within market value.
CRA staff and Developer proceeded with the preparation of a definitive Development and
Purchase and Sale Agreement to set forth the respective duties and responsibilities of the
parties pertaining to the conveyance of the Project Site, and the design, development,
construction, completion, operation and maintenance of the Project.
Project Scope
The Project will consist of 257 market-rate rental dwelling units and approximately
10-15,000 sq. ft. of ground floor retail. Approximately 7 of these units will be Live/Work units
fronting Cleveland Street, which will be composed of a retail/office space and a residential
component. The project will have 300 parking spaces (1 stall per 1-bedroom unit and 1.5
stalls per 2-bedroom unit). The on-site parking lot will be open and made available to
commercial patrons during daytime hours in addition to 694 available public parking stalls
within ¼ mile from the site. In addition, there will be approximately 10,000 sq. ft. of
accessory uses (exercise area, leasing office, and business center).
The Developer is required to file a CDB application with a preliminary site plan and design
consistent with their response to the RFP/Q, a copy of which will be attached to the
Development Agreement as an exhibit, and agrees that any material changes to the
preliminary site plan will be submitted to the CRA for approval. The site plan approved shall
be the basis for the subsequent project plans and specifications, which shall be submitted to
the CRA for review and approval as owner. Any material modification of the design and/or
site plan by the CDB will require an amendment from the CRA.
Business Terms
The main business terms of the Development Agreement (DA) are as follows:
1. Purchase of Property
• Developer will pay $2,500,000 for the site. Price will be adjusted by multiple of $10,000
if unit count falls below 242 units.
Page 3 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes June 2, 2014
• $250,000 earnest money deposit to be escrowed as follows: $125,000 upon execution
of Agreement after approval by CRA and $125,000 upon approval of CDB.
• Developer to purchase property on or before the date which is 30 days after issuance of
all building permits, but not later than October 31, 2014.
• CRA has the option to repurchase site (subject to mortgages on the property) if
Developer does not commence vertical construction 90 days following the 18 months
vertical construction requirement (approx. 21 months after CRA approval of DA). Upon
commencement of vertical construction, CRA's option to purchase terminates.
2. Performance Schedule:
• Developer must file complete application to CDB within 3 months of CRA approval of
DA.
• Developer must file complete building permit applications within 6 months of CDB
approval.
• Developer must commence construction within 12 months of CRA approval of DA and
vertical construction 6 months thereafter.
• Developer must complete construction of the Project within 14 months of the
commencement date.
3. Utility Relocation:
• CRA agrees to reimburse Developer for the approved costs for the relocation of
necessary utilities on site to allow Project to be constructed in an amount not to exceed
$250,000.
4. Retail Incentive:
• To facilitate the development and leasing of retail uses along Cleveland Street, CRA
agrees to reimburse Developer $700,000 representing a portion of the permit/impact fees.
50% will be paid after the certificate of occupancy (CO) is issued for the first retail building
and 50% will be paid after the CO of the second retail building. Developer will use these
funds as Retail Support Funds to assist with the leasing and build out of the retail spaces.
5. Soil Conditions:
· CRA agrees to a credit of $725,000 at time of Closing for Developer to address the soil
conditions (muck) found on the site. This generally represents the added cost for a timber
pile foundation. Any/all costs above this amount will be the responsibility of the Developer.
Cooperation of the City Page 4 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes June 2, 2014
The DA includes signature lines for the City to join the agreement in order to cooperate and
support the CRA in meeting its obligations to transfer the ownership of the property to the
CRA, grant easements over City property required for the construction of the Property, and
enter into other agreements.
HUD Stormwater Grant Reimbursement
The City received a Housing and Urban Development (HUD) grant in the amount of
$1,295,000 for costs associated with the land acquisition and development of a regional
stormwater retention facility, which became the Prospect Lake project. Since a portion of the
land is not needed for the stormwater project, it will transferred to the CRA to be sold to the
Developer and the City/CRA will be required to reimburse HUD according to the conditions
of the grant used to acquire the property. From discussions with HUD staff, CRA staff has
estimated the amount to be reimbursed to HUD is $249,732. The final amount due HUD will
be calculated after the closing of the Property to cover the expenses from the sale.
TIF Estimate
At an estimated project value of $24,000,000 (land and improvements after construction),
the Project is estimated to generate $275,000 in tax increment (City, County and Downtown
Development Board) in the first full assessment year the project is operational (estimated to
be 2017). A total of $838,000 in TIF revenue is estimated to be generated through 2019.
Economic Development and Housing Director Geri Campos Lopez
provided a PowerPoint presentation.
In response to questions, CRA Executive Director Rod Irwin said the
development entails a residential condominium and one or more
commercial condominium(s). They will retain ownership of both
components. The City Attorney said the residential component is
composed of rental apartment units. In the event of default by the
Developer, the Lender is not obligated to complete the project; the City
will have an opportunity to cure default. If the City chooses not to cure
default, whoever purchases the property will have to come to the City if
they do not build as provided in the development agreement. Ms.
Campos Lopez said the TIF (Tax Increment Financing) may be broken down
as follows: $23,000 for the DDB, $123,000 for the City, $128,000 for
Pinellas County, assuming the rate at current millage rate. Staff met
with HUD to discuss monies owed to the agency for portions of land
being sold that were originally bought with agency grant funds. Staff
has provided HUD a draft of the development agreement and
description of closing process. The City Clerk said HUD would
determine the amount owed by the City after the development
agreement has been executed and the closing process completed. The
Page 5 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes June 2, 2014
agency has not raised any concerns. The City Attorney said the
Developer is responsible for site maintenance after closing.
Staff was directed to provide information regarding parking spaces
within a 1/4 mile of the project.
Trustee Hock-DiPolito moved to approve Agreement for
Development and Purchase and Sale of Property between the
Community Redevelopment Agency of the City of Clearwater and
Prospect Park Development, LLC, and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried unanimously.
4.2 Provide direction on preparation and filing of County Tax Increment Financing (TIF)
Extension Request.
The Community Redevelopment Agency (CRA) and staff have discussed pursuit of early
approval from the Board of County Commissioners for extension of the County portion of the
CRA TIF revenues beyond the current mid-point review in 2019, to align commitment and
expiration of the County TIF with the City CRA/TIF expiration in 2034.
Much has been accomplished to date through the CRA/TIF, but challenges remain to be
addressed moving forward to fully achieve the objectives of The Redevelopment Plan and
Chapter 163. Long-range strategic planning needs would indicate that clarification of the
availability and use of County TIF funds should be completed at the earliest practicable date.
The CRA and staff have also periodically discussed requesting that the County remove the
current use restrictions on the County portion of TIF (i.e., infrastructure, environmental
remediation and land acquisition) to allow more strategic use of the County TIF in pursuit of
the objectives of the Downtown Redevelopment Plan and accomplish the purposes of
Chapter 163, Florida Statutes: 1) elimination of deterioration and/or blight: 2) tax base
preservation/expansion for the municipality: and, 3) reduction of the inordinate demand for
services from deterioration and underutilization of property in the redevelopment area,
among other stated objectives. More flexibility in County TIF use would facilitate all these
objectives.
Additionally, the Clearwater Marine Aquarium has recently requested the CRA to pursue
both an early determination of the county willingness to extend and modify use restrictions
on the County TIF funds, as part of a request for financial participation by the City CRA in the
Downtown Marine Aquarium project.
Page 6 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes June 2, 2014
Staff has prepared a memorandum outlining the history of the CRA, conditions for a County
extension application and the requirements the CRA will have to meet to pursue the
extension.
Staff seeks direction whether and when the County TIF extension/modification process
should begin. It is estimated that a concerted, multi-departmental effort over a 2-3 month
period will be required to prepare the documentation. Concurrent of the County to begin
and complete an earlier review of the extension request will also be necessary.
Staff seeks direction on the following questions:
1) Does the Board direct staff to seek agreement from the County for an earlier review
and decision on the extension of the commitment of the County TIF until 2034?
2) Does the Board direct staff to begin the Work Program necessary to petition the
County to extend the commitment of County TIF until 2034?
3) Does the Board direct staff to include in the county application a request to remove,
or modify, the current county restrictions on use of the county portion of TIF?
In response to questions, CRA Executive Director Rod Irwin said
requesting Pinellas County for an earlier review of a city's TIF for an
extension has not been done previously. Economic Development and
Housing Director Geri Campos Lopez said the Department will
coordinate with other city departments to ensure the data needed for the
Work Program is collected in a timely manner. The Department is
working currently on the incentives policy, which must be set aside until
the TIF extension Work Program is completed. Assistant City Manager
Jill Silverboard said proceeding with this project may impact the US Hwy
19 and East Gateway work plans. Ms. Silverboard said she had not
discussed potential work plan impacts with Engineering. Mr. Irwin said,
if directed by the Trustees, staff anticipates beginning the Work Program
at the end of July since the Urban Land Institute study will take precedence in
the coming weeks. The TIF Work Program may take approximately three
months to complete. Mr. Irwin said the City will have to make a case for both
the TIF removal and modification of the current restrictions on the use of
county portion of the TIF. Staff will provide the Trustees a suggestion
based on the data collected in the Work Program.
It was suggested that staff provide monthly reports on the status of the
Work Program.
Trustee Polglaze moved to direct staff to seek agreement from the
County for an earlier review and decision on the extension of the
commitment of the County TIF to 2034. The motion was duly seconded
and carried unanimously.
Page 7 City of Clearwater Draft
Community Redevelopment Agency Meeting Minutes June 2, 2014
Trustee Hamilton moved to direct staff to begin the Work Program
necessary to petition Pinellas County to extend the commitment of the
county TIF through 2034. The motion was duly seconded and carried
unanimously.
Trustee Jonson moved to direct staff to include in the county
application a request to remove, or modify, the current county
restrictions on use of the county portion of TIF. The motion was duly
seconded and carried unanimously.
5. Adjournment
The meeting adjourned at 1:46 p.m.
Chair
Community Redevelopment Agency
Attest
City Clerk
Page 8 City of Clearwater Draft
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-330
Agenda Date: 8/4/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.1
SUBJECT/RECOMMENDATION:
Ratify and confirm repayment of Community Redevelopment Agency (CRA) interfund loans for
the environmental cleanup of Clearwater Automotive Salvage Yard and approve a 30%
discount of said loan according to EPA rules for a total repayment amount of $454,179 to the
City of Clearwater’s Brownfields Cleanup Revolving Loan Fund (BCRLF).
SUMMARY:
The City of Clearwater received a US Environmental Protection Agency (EPA) grant to
establish a Clearwater BCRLF to provide funding to parties interested in the redevelopment of
environmentally impaired properties. The BCRLF is structured so that loan repayments made
once a property has been remediated can cycle back through BCRLF to be made available for
use at other properties. The BCRLF allows government entities to loan to other government
agencies, but requires a City resolution.
In May 2005, the City Council adopted Resolution 05-19 authorizing the use of the BCRLF,
and a loan not to exceed $350,000 to the CRA for the environmental cleanup of the
Clearwater Automotive Salvage Yard (Clearwater Auto).
In June 2008, the City Council adopted Resolution 08-12 authorizing the allotment of
$350,000 in additional monies to the CRA in the form of a loan to complete the Clearwater
Auto remediation.
Both resolutions state that the funds appropriated by the City from the BCRLF, and utilized by
the CRA for this purpose, shall be repaid to the BCRLF by the City or the CRA from either: a)
the private developer or another party to whom the CRA ultimately conveys the Site following
the environmental cleanup; b) TIF funds; c) the General Fund of the City, through budget
appropriations if the property is unable to be sold after a reasonable time (within five years of
the completion of the environmental cleanup provided for herein ); and d) other means legally
sufficient and approved by the Environmental Protection Agency (EPA).
The CRA is opting to repay the funds from TIF funds since the environmental cleanup has
been completed as stated in the Florida Department of Environmental Protection (FDEP) Site
Rehabilitation Completion order (SRCO) issued July 1, 2009 and the property has not been
sold. The funds for the repayment of the loan have been approved through the CRA budget
process and are available in CRA project 388-94855.
The purpose for the ratify and confirm is that while Resolution 05-19 and the Interlocal
Agreement between the City and CRA approved the loan repayment, it did not include the
approval of a discounted loan repayment per EPA rules. EPA rule Section II FRL -7989-9
Page 1 City of Clearwater Printed on 7/31/2014
File Number: ID#14-330
states that the City may discount up to 30% of the principal amount of a loan, provided that
the total amount of the principal forgiven shall not exceed $200,000.
In summary, the total amount of the two loans made to the CRA was $648,827. Applying the
30% discount for these loans at $194,648 makes the final repayment to the BCRLF
(188-99802) total $454,179.
This payment satisfies the Interlocal Agreement between the City and CRA regarding the
cleanup related to the Clearwater Auto project.
APPROPRIATION CODE AND AMOUNT:
388-94855
Page 2 City of Clearwater Printed on 7/31/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-324
Agenda Date: 8/4/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.2
SUBJECT/RECOMMENDATION:
Approve the Agreement for Exchange of Real Property (Exchange Agreement) between the
Community Redevelopment Agency (CRA) and the City of Clearwater; authorize cash
compensation to be paid from the CRA to the City in an amount not to exceed $301,303
funded from sales proceeds; and authorize the appropriate officials to execute same, together
with all other instruments required to affect closing.
SUMMARY:
The City and CRA’s redevelopment strategy emphasizes the creation of a significant
residential concentration in and around the downtown core, to create the support for a retail
and recreation destination environment in the Cleveland Street District. In addition, the City’s
Economic Development Strategic Plan calls for the growth/support of employment
opportunities as part of the CRA’s Technology District and its software/information technology
industry cluster. The CRA views the development of the Cleveland Street and Prospect Lake
Park site as a major opportunity to further these strategies by adding a mixed-use project that
activates the street and creates living opportunities for the District’s workforce.
The CRA released a Request for Proposals/Qualifications (RFP/Q) 12-13 on February 19,
2013 with the goal of selecting a qualified Development Team to successfully develop the
5.91+/- acre site located on Cleveland Street and Prospect Avenue in Downtown Clearwater,
one block east of the Downtown Core.
The successful proposal was submitted by Prospect Park Development, LLC (Developer).
The proposal consists of 257 market-rate rental dwelling units and up to 24,000 sq. ft. of
allowable ground floor retail. Approximately 7 of these units will be Live/Work units fronting
Cleveland Street, which will be composed of a retail/office space and a residential component.
The project will have 300 parking spaces and approximately 10,000 sq. ft. of accessory uses
(exercise area, leasing office, and business center).
On June 10, 2014, the CRA and the Developer entered into the Agreement for Development
and Purchase and Sale of Property (Development Agreement). The Development Agreement
requires that the CRA is, or will be, the owner of the project site by the closing date. The City
owns approximately 77,834 square feet of property (City Parcel) within the project site. The
CRA owns approximately 3,829 square feet of property (CRA Parcel) that it will no longer
need following the transfer of property to the Developer. The CRA Parcel is not located within
the project site and is adjacent to City-owned property. The proposed Exchange Agreement
stipulates that the City will transfer the City Parcel to the CRA and the CRA will transfer the
CRA Parcel to the City.
Page 1 City of Clearwater Printed on 7/31/2014
File Number: ID#14-324
The City Parcel was acquired by the City with assistance of a grant from the United States
Department of Housing and Urban Development (HUD). HUD will be reimbursed for a portion
of this grant to remove any grant-related restrictions from the City Parcel. The reimbursement
amount has not been determined, however, will not exceed $301,303 and will be confirmed by
HUD after closing of the sale of the Prospect Lake Park development site. The CRA will
transfer the appropriate amount to the City from these sales proceeds as compensation for
the land transfer. The City will then provide reimbursement to HUD.
Page 2 City of Clearwater Printed on 7/31/2014
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AGREEMENT FOR EXCHANGE OF REAL PROPERTY
THIS AGREEMENT is made and entered into the _____ day of _______________________, 2014
by and between the CITY OF CLEARWATER, FLORIDA,hereinafter referred to as “City”, and the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, hereinafter referred to as
“CRA”, (collectively, “parties”), to mutually establish terms and conditions for the orderly exchange of
equitable interests in real property in Clearwater, Florida, as more specifically described hereafter.
WITNESSETH:
1.PROPERTY INTERESTS TO BE EXCHANGED:The City shall convey to the CRA by
Special Warranty Deed fee simple title in and to that certain real property more specifically described in
EXHIBIT “A”, hereafter “City Parcel”. The CRA shall convey to the City by Special Warranty Deed fee simple
title in and to that certain real property more specifically described in EXHIBIT “B”, hereafter “CRA Parcel.”
Collectively, the herein described parcels shall be referenced as the “Exchange Property”.
2.PURCHASE PRICE:
a) It is mutually agreed that the CRA Parcel and a portion of the City Parcel were acquired at no cost to
the respective party through the vacation of dedicated right-of-way, are of equal value and will be
transferred in accordance with the terms herein at no cost to either party.
b) The remaining portion of the City Parcel was acquired with assistance of a grant awarded by the
United States Department of Housing and Urban Development (herein, “HUD”). The CRA will pay
the City an amount to be determined by HUD (herein, “HUD Reimbursement”) to relieve the City
Parcel, in perpetuity, from any and all restrictions associated with the HUD grant. The property
transfer described herein is in compliance with provisions of Section 2.01(5)(d)(iii) of the City of
Clearwater Charter. The HUD Reimbursement shall not exceed Three Hundred One Thousand
Three Hundred Three and 00/100 Dollars ($301,303.00) and shall constitute full and sufficient
consideration for the transfer of the interests described herein by and between the parties.
3.TIME FOR ACCEPTANCE/EFFECTIVE DATE: It is agreed by and between the parties
that the CRA shall first approve and execute this Agreement and deliver in original counterpart to the City’s
designee. The City shall have 45 days following receipt thereof in which to agenda the Agreement for action
by the City Council at a regularly scheduled meeting. If this agreement is accepted and approved by the City
Council, duly authorized City officials shall execute it and an original counterpart shall be returned to the
CRA or its appropriate designee within 15 days thereafter. The date of Agreement (“Effective Date”) shall be
the date the Agreement is executed by the City.
4.PROPERTY CONDITION: At time of closing, or as otherwise provided herein, the parties
shall deliver title to the respective properties being exchanged in their present “as is” condition, ordinary wear
and tear excepted.
5.SURVEYS:Each party, at its option and expense, and within time allowed to deliver
evidence of title and to examine same, may contract services of a registered Florida land surveyor to perform
surveys of the property it will acquire in the exchange. All such surveys shall then be certified to both of the
respective parties, the closing agent and title insurance underwriter, if applicable. If the surveys reveal any
encroachments on the property the party will receive, or the property improvements encroach on the setback
lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental
regulation, the same shall constitute a title defect and subject to remedy as provided in paragraph 7.
6.POSSESSION/OCCUPANCY: Each party represents that it has sole possession of the
property interests it proposes to exchange with the other and that each shall lawfully convey both possession
and the interests as above described at closing described in paragraph 8 below.
7.EVIDENCE OF TITLE: Following the exchange of property as described herein, the CRA
intends to sell the property to a private third party (herein, “Developer”) to develop the property in accordance
with that certain Agreement for Development and Purchase and Sale of Property Between the Community
Redevelopment Agency of the City of Clearwater and Prospect Park Development, LLC. In advance of the
CRA’s sale of the property to the Developer, the CRA will, at its sole expense, obtain a title insurance
2
commitment issued by a Florida licensed title insurer agreeing to issue the Developer, upon recording of the
instruments of conveyance, an owner’s policy of title insurance in a sufficient amount that the Developer and
its title underwriter shall determine, insuring the Developer’s good and marketable title to the property,
subject only to those standard exceptions appearing in the owner’s title policy which, from the insured party’s
standpoint do not unduly affect title, and those items which shall be discharged by the conveying party at or
before closing. If title is found defective, the City shall, in good faith, assist the CRA in clearing title to the
property.
8.CLOSING DOCUMENTS: Prior to closing, each party shall furnish to the other party copies
of all deeds, instruments, affidavits, closing statements, and other documents which will be executed and
delivered by the respective parties at closing, which documents shall be subject to the reasonable approval
of each party’s legal counsel.
9.PLACE OF CLOSING: Closing shall be held in Pinellas County, Florida at a location agreed
to by the parties.
10.CLOSING EXPENSES: Except as the parties may be exempt under Chapter 201.24,
Florida Statutes, each shall pay the cost of documentary stamps and recording fees to record the conveying
instruments that it will receive at closing. The conveying party shall pay the costs of recording any corrective
instruments required to insure title to the receiving party.
11.RESTRICTIONS, EASEMENTS, LIMITATIONS: The parties shall take title to the respective
property interests described herein subject to restrictions in matters appearing on the plat where applicable,
public utility easements of record, and taxes levied subsequent to delivery of possession, if such are levied
due to failure of either party to obtain their respective exemption.
12.SUCCESSORS AND ASSIGNS:The covenants, provisions and agreements herein
contained shall in every case be binding on and inure to the benefit of the parties hereto, respectively, and
their respective successors and/or assigns.
13.OTHER AGREEMENTS: No prior or present agreements or representations shall be
binding upon either party unless included in this Agreement. No modification or change in this Agreement
shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound
thereby. Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control
all printed provisions of this Agreement in conflict therewith.
14.BROKERAGE COMMISSIONS: Each party represents to the other that no person or firm
has acted as broker in this transaction.
15.WARRANTIES AND REPRESENTATIONS:
A. The parties mutually represent each to the other that, to the best of their knowledge,
during the period of their respective ownership, that toxic chemicals, hazardous substances (including
hazardous wastes) or substances likely to infiltrate the soil or groundwater have not been spilled or buried on
the Exchange Property.
B. The parties represent and warrant each to the other that to the best of their knowledge,
none of the Exchange Property is in violation of any federal, state or local law, rule, ordinance or regulation
relating to hazardous substances or wastes, or to environmental conditions on, under or about the property,
including, but not limited to, soil and groundwater condition.
C. The parties represent and warrant each to the other that there is no pending or
threatened condemnation or similar proceeding affecting their respective property or any portion thereof, nor
have they any knowledge that any such action is presently contemplated by the parties.
D. The parties make no other representations to each other regarding the Exchange
Property other than marketability of title, including but not limited to the suitability of the properties for the
intended uses of the respective parties.
3
16.RADON GAS DISCLOSURE: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed
to it over time. Levels of Radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing may be obtained from your county public
health unit.
17.COMPLIANCE WITH LAWS: To each party’s knowledge, each has complied with all
applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to and affecting their
respective Exchange Property. Performance of this Contract will not result in any breach of, or constitute
any default under, or result in the imposition of any lien or encumbrance upon the Exchange Property of
either party under any agreement or other instrument to which the respective party or property might be
bound.
18. PENDING LITIGATION: The parties further covenant with each other that there are no legal
actions, suits or other legal or administrative proceedings affecting the Exchange Property or any portion
thereof, nor has either party knowledge that any such action is presently contemplated.
19.RISK OF LOSS: The risk of loss or damage to any of the Exchange Property by fire or
otherwise, until the delivery of the deed or conveyance, is assumed by the party in title.
20.DEFAULT: If either party fails to perform this Agreement within the time specified, other
than failure to render the title marketable after diligent effort, the other party, at its option, may proceed in
equity to enforce its rights under the Agreement or release all parties from all obligations hereunder; or the
injured party may seek specific performance without waiving any action for damages resulting from the
defaulting party’s breach. Failure or refusal of either party to execute the deeds and other documents
required hereunder shall be deemed a default on the part of that party.
21. MISCELLANEOUS PROVISIONS: This Agreement may be executed in several
counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same
Agreement. Whenever the context hereof shall so require, the singular shall include the plural, the male
gender shall include the female gender and the neuter, and vice versa. In case any one or more of the
provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect by a court of competent jurisdiction, such invalidity, illegality or illegal or unenforceable provision
shall not effect the validity of any other provision, and the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by the parties subsequent to the expungement of the invalid
provision or provisions. The parties hereby agree that each has played an equal part in the negotiations and
drafting of this Agreement, and in the event any ambiguities should be realized in the construction or
interpretation of this Agreement, the result of those ambiguities shall be equally assumed and realized by
each of the parties to the Agreement. The waiver of one or more defaults by any party to this Agreement
shall not be deemed a waiver of any subsequent default of that provision of the Agreement, or of a default
under any other provision of this Agreement.
22.NOTICES: Any notice to be given or to be served upon any party hereto, in connection with
this Agreement, must be in writing and may be given in person or by certified mail, and shall be deemed to
have been given and received when a certified letter containing such notice, properly addressed, with
postage prepaid, is deposited in the United States mail; and, if given otherwise than by certified mail, it shall
be deemed to have been given when delivered to and received by the party to whom it is addressed. Such
notices shall be given to the parties hereto at the following address:
FOR THE CITY:FOR THE CRA:
William B. Horne, II, City Manager Rod Irwin, Executive Director
City of Clearwater Community Redevelopment Agency of the
P. O. Box 4748 City of Clearwater
Clearwater, FL 33758-4748 112 South Osceola Avenue
Clearwater, Florida 33756
4
23. MERGER BY DEED: All covenants, warranties and representations contained herein shall
merge with delivery and acceptance of the deeds and other instruments of conveyance by the parties hereto.
Each shall hold the other forever harmless thereafter.
24. ENTIRE AGREEMENT: Upon execution by the parties, this Agreement shall constitute the
entire Agreement between the parties, and shall supercede any and all prior and contemporaneous written
and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements,
memoranda and writings shall be merged herein. Any changes to be made in this Agreement shall only be
valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
IN WITNESS WHEREOF, and in acknowledgment of its approval by the respective governing bodies
of the parties, their duly authorized officials have hereunto executed this Agreement For Exchange of Real
Property the day and year first above written.
COMMUNITY REDEVELOPMENT AGENGY
OF THE CITY OF CLEARWATER, FLORIDA
By: ________________________________________
George N. Cretekos, Chairperson
Approved as to form: Attest:
_____________________________________________________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
Countersigned: CITY OF CLEARWATER, FLORIDA
_____________________________________ By: _______________________________________
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
_____________________________________ _______________________________________
Pamela K. Akin, City Attorney Rosemarie Call, City Clerk
L1 1
:21.42'
L2 6
:25.71'
Point of Beginning
Line Direction Length
L3 1
:27.08'
L4 6
(4.77'
Point of Commencement
SE Corner of Parcel 64 (P-64)
"Mediterranean Village in the Park"
Plat Book 125, Page 44-46
1
:
L1
L26
:80.50'6
(
150.00'6
:119.20'6
(
139.15'6
:91.53'L9
L
3
6
(
76.33'
L5
L6
L7
L8
L9 1
: 122.03'1
: 61.39'1
:
115
.70
'
6
(
63.71'
1
(10.99'
6
(4.30'
6
(32.70'
1
(26.04'
6
(46.67'
L6
L5
L4
L7 L8
Prospect Lake
Proposed Prospect Lake Development
Previously Vacated Right-of-Way
Previously Vacated Right-of-Way
L1
L26
(
Point of Beginning
1
:
1
:
L3L
4
Point of Commencement
SE Corner of Parcel 64 (P-64)
"Mediterranean Village in the Park"
Plat Book 125, Page 44-46
Prospect Lake
Proposed Prospect Lake Development
L1 1
:21.42'
L2 6
:
Line Direction Length
L3 1
(
L4 6
(
22.12'
14.01'
25.34'
Deeded from City to CRA in 2006
Town Pond 42,019 S.F.25,462 S.F.S PROSPECT AVE CLEVELAND ST EWING AVE S MARTIN LUTHER KING, JR. AVE COURT ST
PIERCE ST
PARK ST
PADUA LN
FR ANKLIN ST
PARK ST
²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB CL N.T.S.287A 15-29s-15e05/15/2014Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
HUD Special Project Grant B-00-SP-FL-0088D;Disposition of Real Property
Legend
Property to be deeded from City to CRAunder proposed Exchange Agreement
City Owned Property subject to HUD &stormwater reimbursement
Total Development Project Area
CRA O wned
CITY Owned (Stormwater)
Property acquired with assistance of HUD grant
Document Path: V:\GIS\_Staff\Jim_B\Projects\Chuck Lane\HUD Special Project Grant_Prospect Lake2.pdf.mxd
Property to be deeded from CRA to City
gto
Sale of Property from the CRA to Prospect Park Development, LLC
Purchase Price $2,500,000
Credit at closing to Prospect for unforeseen foundation expenses - 6.03(d) ($725,000)
Closing costs (itemized below) ($28,400)
Reimbursement to HUD (not to exceed) ($301,303)
Impact fees to be paid by CRA — 4.05(b) ($700,000)
Utility relocations to be paid by CRA — 7.01(b) (not to exceed) ($250,000)
Appraisals ($5,800)
Asbestos surveys ($630)
Survey services ($13,500)
McCarthy & Associates — Geotechnical /structural analysis review ($720)
Phase 2 environmental study ($79255)
TOTAL NET CASH TO CRA $395,392
Closing Costs to be paid by CRA
Doc Stamps $17,500
Document Preparation fees to Fletcher & Fischer, P.L. $600
Document recording (estimate) $150
Title insurance premium $9,707.50
Title commitment charge $400
TOTAL CLOSING EXPENSES $28,357.50
Rounded to $28,400
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-332
Agenda Date: 8/4/2014 Status: Agenda ReadyVersion: 1
File Type: Action ItemIn Control: Community Redevelopment Agency
Agenda Number: 4.3
SUBJECT/RECOMMENDATION:
Approve the First Amendment to Agreement for Development and Purchase and Sale of
Property by and between the Community Redevelopment Agency (CRA) and Prospect Park
Development, LLC (Developer); and authorize the appropriate officials to execute same.
SUMMARY:
On June 10, 2014, the CRA and the Developer entered into the Agreement for Development
and Purchase and Sale of Property (Development Agreement) in response to Request for
Proposals/Qualifications (RFP/Q) 12-13. In summary, the mixed-use project consists of 257
market-rate rental dwelling units and up to 24,000 sq. ft. of allowable ground floor retail.
Approximately 7 of these units will be Live/Work units fronting Cleveland Street, which will be
composed of a retail/office space and a residential component. The project will have 300
parking spaces and approximately 10,000 sq. ft. of accessory uses (exercise area, leasing
office, and business center).
As part of the site plan approval process, it became necessary for the Developer to request
additional commercial entitlements to ensure that sufficient commercial square footage is
available for both the retail uses and the Live/Work units. Therefore, the Development
Agreement needs to be amended to reflect the change that the “Project” means the 257
residential multi-family dwelling units, including 7 Live/Work units, and appurtenant facilities
and up to 24,000 square feet of allowable ground floor retail space. While the proposed
design of the ground floor retail spaces and Live/Work units (Buildings A and B) have
remained unchanged, the calculation of the allowable commercial space has been refined.
The first amendment to the Agreement reflects this change throughout the Agreement.
A second amendment to the Agreement includes language requested by the Construction
Lender to clarify and amend the following: a) notice of default, b) a name and address to send
such notices, and c) an additional 30 days, for a total of 90 days, for the Construction Lender
to respond to the CRA’s notice of default.
The final amendment to the Agreement is a revised Proposed Site Plan. As part of the site
plan approval process, the Developer needed to make adjustments to Building E, or the
building closest to Martin Luther King, Jr. Ave. (MLK), in order to overcome safety concerns
from nearby electrical transmission lines. In the best interest and marketability of the project,
the project was redesigned to increase the building setback of Building E from 0 feet to 40 feet
(45 feet from the transmission lines), reduce the height from three to two stories
(approximately 41 feet to 29 feet in height) thereby reducing the number of dwelling units from
37 to 5. The 32 units removed from Building E were divided equally among Buildings C and D
(total dwelling units in each building increased from 48 to 64) adding an additional floor to
Page 1 City of Clearwater Printed on 7/31/2014
File Number: ID#14-332
each building and increasing the height of the buildings (from approximately 37 feet to 58
feet). The total number of units in the project and general location/building footprints of
Buildings C and D remain unchanged.
The project site plan was approved by the Community Development Board on July 15, 2014.
The anticipated closing date for the sale of the property is mid-August 2014.
Page 2 City of Clearwater Printed on 7/31/2014
FIRST AMENDMENT TO
AGREEMENT FOR DEVELOPMENT
AND
PURCHASE AND SALE OF PROPERTY
This First Amendment to Agreement for Development and Purchase and Sale of Property ("First
Amendment") is made as of 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 created pursuant to Part III, Chapter 163, Florida Statutes ("Agency"), and
PROSPECT PARK DEVELOPMENT, LLC, a Florida limited liability company ("Developer").
W I T N E S S E T H:
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:
[GM14-9216D-022/152547/1]
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(f)), 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.
[GM14-9216D-022/152547/1]
(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
[GM14-9216D-022/152547/1]
“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:To the Agency:
Prospect Park Development, LLC
c/o Prospect Real Estate Group, LLC Community Redevelopment Agency of
[GM14-9216D-022/152547/1]
477 Commerce Way, Suite 115 the City of Clearwater
Longwood, Florida 32750 112 S. Osceola Avenue
Attention: Frank Tetel, Vice President Clearwater, FL 33756
Attention: Rod Irwin
with copies to:with copies to:
Leigh Kellett Fletcher, Esquire City of Clearwater
Fletcher & Fischer, P.L.112 S. Osceola Avenue
801 E. Kennedy Blvd. Suite 802 Clearwater, FL 33756
Tampa, Florida 33602 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.
[GM14-9216D-022/152547/1]
[SIGNATURE PAGES FOLLOW]
[GM14-9216D-022/152547/1]
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the
________day of _________, 2014.
AGENCY
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
Attorney for City Clerk
Community Redevelopment Agency
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:
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
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
[GM14-9216D-022/152547/1]
CITY
CITY OF CLEARWATER FLORIDA, a municipal corporation of the State of Florida
Countersigned:
_________________________By: ____________________________George N. Cretekos William B. Horne, IIMayor City Manager
Attest:
By :_____________________________Approved as to form:Rosemarie CallCity Clerk
Pamela K. AkinCity Attorney
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
[GM14-9216D-022/152547/1]
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.
[GM14-9216D-022/152547/1]
EXHIBIT B
[Proposed Site Plan]
[GM14-9216D-022/152547/1]
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 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]
[GM14-9216D-022/152547/1]
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:__________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
______________________________________________________
Pamela K. Akin Rosemarie Call
City Attorney 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:
STATE OF FLORIDA )
COUNTY OF ______________ )
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
00 40'80'
PROJECT NO.:
No.Date Revisions / Submissions
130001.00
A
B
C
D
E
F
G
H
J
L
Bryan L. Zarlenga, PE
K
1 2 3 4 5 6 7 8 9 10 11 12 13 14
ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE
OWNED BY AND THE PROPERTY OF BAKER BARRIOS ARCHITECTS, INC . AND WERE CREATED, EVOLVED, AND
DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS,
DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, OR
CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF BAKER BARRIOS
ARCHITECTS, INC . WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506
UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF
1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREIN
MAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT AND / OR COPYRIGHT APPLICATION.
CK.D.
A
B
C
D
E
F
G
H
J
L
K
FL Lic. NO. 52167
380 Park Place Blvd., Suite 300, Clearwater, Florida 33759
www.cardnotbe.com - 727.531.3505
Certificate of Authorization No. 3843
TO THE BEST OF THE ARCHITECT'S OR ENGINEER'S
KNOWLEDGE AND ABILITY, THE PLANS AND
SPECIFICATIONS COMPLY WITH THE APPLICABLE
MINIMUM BUILDING CODES.
CLEARWATER, FL 33614
PROSPECT REAL
CLEVELAND STREET REDEVELOPMENT
PROSPECT LAKE
PARK SITE
ESTATE GROUP
1 12-13-2013 Informal City submission/review #1 BLZJDP
2 01-16-2014 Informal City submission/review #2 BLZJDP
3 01-30-2014 FDA Submittal BLZJDP
01-30-2014
4 05-09-2014 CDB Submittal BLZJDP
5 07-03-2014 CDB Re-Submittal BLZJER
SC3.00
MASTER SITE PLAN
1. ALL DIMENSIONS SHOWN ARE TO FACE OF CURB.
2. EXISTING IMPROVEMENTS SHOWN ARE TAKEN FROM BOUNDARY &
TOPOGRAPHIC SURVEY PREPARED BY DEUEL & ASSOCIATES.
3. BUILDING AND SIDEWALK DIMENSIONS ARE TO OUTSIDE EDGE OF
STRUCTURE ABOVE GROUND.
4. ALL TIES TO THE PROPERTY LINE ARE BASED ON THE BOUNDARY &
TOPOGRAPHIC SURVEY.
5. INSTALL ISOLATION JOINTS WHERE EDGE OF ASPHALT PAVEMENT ABUTS
CONCRETE DRIVEWAYS; ALONG EDGE OF CURB LINES ABUTTING CONCRETE
PAVEMENT; ALONG EDGE OF SIDEWALKS ABUTTING CONCRETE PAVEMENT;
AROUND ALL STORM INLETS MANHOLES, VALVE BOXES AND BOLLARDS
(ABOVE GROUND APPURTENANCES. COORDINATE W/ ARCHITECTURAL PLANS
FOR ISOLATION JOINTS ADJACENT TO BUILDING EDGES.
6. SEE GENERAL NOTE SHEET FOR MAINTENANCE OF TRAFFIC NOTES.
7. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED IN ACCORDANCE WITH
CITY OF CLEARWATER REQUIREMENTS.
8. SITE CONTRACTOR TO SUBMIT FIVE (5) COPIES OF AS-BUILTS THAT ARE
SIGNED AND SEALED BY A PROFESSIONAL SURVEYOR REG. IN THE STATE OF
FLORIDA PRIOR TO ANY C.O. BEING ISSUED. PUBLIC WORKS/ ENGINEERING
TO FIELD INSPECT AS-BUILTS FOR ACCURACY.
9. SITE CONTRACTOR TO SCHEDULE A PRE-SITE INSPECTION PRIOR TO
ISSUANCE OF A BUILDING PERMIT. CALL THE ENGINEERING DEPARTMENT AT
727-562-4750 AT LEAST 24 HOURS PRIOR TO THE APPOINTMENT.
10. SITE CONTRACTOR: ANY/ALL EASEMENT(S) SHALL BE OBTAINED
(RECORDED) PRIOR TO A C.O. BEING ISSUED FOR THE BUILDING(S). PLEASE
CONTACT CHUCK LANE, REAL ESTATE SERVICE COORDINATOR AT
727-562-4750.
11. SITE CONTRACTOR TO PROVIDE RECORDED NOTICE OF COMMENCEMENT
PRIOR TO ISSUANCE OF PERMIT.
12. SITE NOTES APPLY TO ALL SHEETS WHERE APPLICABLE.
13. BASE FLOOD ELEVATION FOR THE SITE IS 9.0 FT.
14. REFER TO HORIZONTAL CONTROL PLAN FOR CURVE AND LINE TABLES.
15. REFER TO PAVING, GRADING, AND DRAINAGE PLANS AND POND CROSS
SECTIONS FOR STORMWATER POND DESIGN.
16. REFER TO PAVING, GRADING, AND DRAINAGE PLANS FOR CURB
TRANSITIONS WITHIN ISLANDS ADJACENT TO PROPOSED SIDEWALKS.
PROPOSED STREET LIGHT
PROPOSED BOLLARD LIGHT
EXISTING EDGE OF PAVEMENT
HANDICAP PARKING
PROPOSED CURB - TYPE 'D'
PROPERTY LINE
(PAINTED MARKINGS)
TRAFFIC FLOW
RIGHT-OF-WAY
PROPOSED CONCRETE
RADIUS
HANDICAP
TYPICAL
(LIGHT DUTY - SEE DETAIL)
EXISTING CONCRETE
SETBACK LINE
PROPOSED ASPHALT PAVEMENT
PROPOSED ASPHALT PAVEMENT
(HEAVY DUTY - SEE DETAIL)
# OF PARKING SPACES
RETAINING WALL
PROPOSED POROUS PAVEMENT
0030'60'1234567891011121314PROJECT NO.:No.DateRevisions / Submissions130001.00ABCDEFGHJLBryan L. Zarlenga, PEK1234567891011121314ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREOWNED BY AND THE PROPERTY OF BAKER BARRIOS ARCHITECTS, INC. AND WERE CREATED, EVOLVED, ANDDEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS,DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, ORCORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF BAKER BARRIOSARCHITECTS, INC. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREINMAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT AND / OR COPYRIGHT APPLICATION.CK.D.ABCDEFGHJLKFL Lic. NO. 52167380 Park Place Blvd., Suite 300, Clearwater, Florida 33759www.cardnotbe.com - 727.531.3505Certificate of Authorization No. 3843TO THE BEST OF THE ARCHITECT'S OR ENGINEER'SKNOWLEDGE AND ABILITY, THE PLANS ANDSPECIFICATIONS COMPLY WITH THE APPLICABLEMINIMUM BUILDING CODES.CLEARWATER, FL 33614PROSPECT REAL CLEVELAND STREET REDEVELOPMENTPROSPECT LAKEPARK SITEESTATE GROUP112-13-2013Informal City submission/review #1BLZJDP201-16-2014Informal City submission/review #2BLZJDP301-30-2014FDA SubmittalBLZJDP01-30-2014405-09-2014CDB SubmittalBLZJDP507-03-2014CDB Re-SubmittalBLZJERSC3.01SITE PLAN 1
0030'60'1234567891011121314PROJECT NO.:No.DateRevisions / Submissions130001.00ABCDEFGHJLBryan L. Zarlenga, PEK1234567891011121314ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING AREOWNED BY AND THE PROPERTY OF BAKER BARRIOS ARCHITECTS, INC. AND WERE CREATED, EVOLVED, ANDDEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS,DESIGNS, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSON, FIRM, ORCORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF BAKER BARRIOSARCHITECTS, INC. WARNING: REPRODUCTION HEREOF IS A CRIMINAL OFFENSE UNDER 18 U.S.C. SEC. 506UNAUTHORIZED DISCLOSURE MAY CONSTITUTE TRADE SECRET MISAPPROPRIATION IN VIOLATION OF1.C.24-2-31-1 ET. SEQ. AND OTHER LAWS. THE IDEAS, ARRANGEMENTS AND DESIGNS DISCLOSED HEREINMAY BE PATENTED OR BE THE SUBJECT OF PENDING PATENT AND / OR COPYRIGHT APPLICATION.CK.D.ABCDEFGHJLKFL Lic. NO. 52167380 Park Place Blvd., Suite 300, Clearwater, Florida 33759www.cardnotbe.com - 727.531.3505Certificate of Authorization No. 3843TO THE BEST OF THE ARCHITECT'S OR ENGINEER'SKNOWLEDGE AND ABILITY, THE PLANS ANDSPECIFICATIONS COMPLY WITH THE APPLICABLEMINIMUM BUILDING CODES.CLEARWATER, FL 33614PROSPECT REAL CLEVELAND STREET REDEVELOPMENTPROSPECT LAKEPARK SITEESTATE GROUP112-13-2013Informal City submission/review #1BLZJDP201-16-2014Informal City submission/review #2BLZJDP301-30-2014FDA SubmittalBLZJDP01-30-2014405-09-2014CDB SubmittalBLZJDP507-03-2014CDB Re-SubmittalBLZJERSC3.02SITE PLAN 2
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 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
______________________________, 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: __________________________
George N. Cretekos
Chairperson
Approved as to form: Attest:
________________________ ______________________________
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
Signed, Sealed and Delivered PROSPECT PARK DEVELOPMENT, LLC, in the Presence of: a Florida limited liability company Sign:__________________________ By: FDG - Prospect Park Development, LLC a Florida limited liability company, Print:__________________________ its Operating Manger Sign:___________________________ By: Print:___________________________ Name:
Its:
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
The foregoing instrument was acknowledged before me this _________ day of
___________, 2014, by ______________________________, as Manager 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.
________________________________
Notary Public
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°12'41" 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.
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-345
Agenda Date: 8/4/2014 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Community Redevelopment Agency
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Multicultural Farmer's Market - Trustee Polglaze
SUMMARY:
N/A
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/31/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-344
Agenda Date: 8/4/2014 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Community Redevelopment Agency
Agenda Number: 5.2
SUBJECT/RECOMMENDATION:
Farmer's Market Location (shift east one block on Cleveland St. from last location) - Trustee
Polglaze
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/31/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-343
Agenda Date: 8/4/2014 Status: Agenda ReadyVersion: 1
File Type: Council Discussion
Item
In Control: Community Redevelopment Agency
Agenda Number: 5.3
SUBJECT/RECOMMENDATION:
Community Garden (site of former motel on Cleveland St.) - Trustee Polglaze
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 7/31/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-372
Agenda Date: 8/4/2014 Status: FiledVersion: 1
File Type: Council Discussion
Item
In Control: Community Redevelopment Agency
Agenda Number: 5.4
SUBJECT/RECOMMENDATION:
Report from Ashville NC where there are three top grocery stores next to each other in the
same block: Whole Foods, Harris Teeter, and Trader Joe’s - Trustee Jonson
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 9/16/2014
Cover Memo
City of Clearwater City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
File Number: ID#14-370
Agenda Date: 8/4/2014 Status: FiledVersion: 1
File Type: Council Discussion
Item
In Control: Community Redevelopment Agency
Agenda Number: 5.5
SUBJECT/RECOMMENDATION:
CRA Monthly Project Status Reporting Request - Trustee Jonson
SUMMARY:
N/A
Page 1 City of Clearwater Printed on 9/16/2014