SECOND AMENDMENT TO THE FIRST AMENDED AND RESTATED AGREEMENT FOR DEVELOPMENT OF PROPERTYKEN BURKE CLERK OF COURT
AND
COMPTROLLER PINEL
INST# 2014273831 10/01/2014 S CO
U, 18543 PG: 2498 -2 04: 5 PM, FL
M RECORDING: 2538
Doc Type:AG$350.00
PREPARED BY AND WHEN RECORDED RETURN TO:
J. Paul Raymond, Esq.
625 Court Street, Suite 200
Clearwater, FL 33756
SECOND AMENDMENT TO THE FIRST AMENDED AND RESTATED
AGREEMENT FOR DEVELOPMENT OF PROPERTY
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K & P CLEARWATER ESTATE, LLC
DATED AS OF
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ifyi ea-4 e0 , 2014
THIS SECOND AMENDMENT TO THE FIRST AMENDED AND RESTATED
AGREEMENT FOR DEVELOPMENT OF PROPERTY (the "Second Amendment ") is made as
of this A day of .e in (to 2014 (the "Effective Date "), by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City ") and K & P
CLEARWATER ESTATE, LLC, a Florida limited liability company (the "Developer ").
RECITALS
WHEREAS, the City and Developer entered into a Development Agreement on March 3, 2005
and recorded in O.R. book 14168, Page 2397 regarding the certain property located at generally
100 Coronado Drive, 201, 215 and 219 South Gulfview Boulevard ( "Developer's Property "); and
WHEREAS, the City and Developer subsequently amended the Agreement on March 22, 2006
and recorded in Pinellas County Records O.R. Book 15023, Page 1494 -1500;
WHEREAS, the City and the Developer entered into to a First Amended and Restated
Development Agreement for Development of Property on December 30, 2008, as recorded in
O.R. Book 16466, Pages 1500 -1640, Public Records of Pinellas County, Florida (the "Amended
and Restated Development Agreement"); and
WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for
the revitalization of Clearwater Beach entitled Beach by Design;
WHEREAS, Beach by Design called for the construction of pedestrian- oriented improvements
along the east and west sides of South Gulfview Boulevard ( "South Gulfview"), which
improvements are known as Beach Walk;
WHEREAS, the City adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted by the City;
WHEREAS, Beach by Design created a limited number of catalytic resort projects to reposition
and re- establish Clearwater Beach as a quality, family resort community and further provided
for a limited pool of additional hotel units ( "Destination Resort Density Pool ") to be made
available for such projects;
WHEREAS, the Destination Resort Density Pool ( "DRDP ") has a limited life after which time
the unused units will expire; and
WHEREAS, the Developer was allocated 250 DRDP units in 2005 and the City accelerated
construction of Beach Walk; and
WHEREAS, all other units allocated from the DRDP have been constructed; and
WHEREAS, a key criteria for eligibility for the Destination Resort Density Pool is the operation
of a proposed project as resort hotel operating under a national or international "flag" or other
comparable marketing affiliation or program; and
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WHEREAS, the Developer proposes to develop a Resort Hotel consisting of Hotel Units and
Interval Ownership Units and associated amenities on certain property fronting on South
Gulfview, as contemplated by the Amended and Restated Development Agreement; and
WHEREAS, the Amended and Restated Development Agreement was previously amended by
the adoption of the FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED
AGREEMENT FOR DEVELOPMENT OF PROPERTY IN THE CITY OF CLEARWATER
dated January 23, 2012 (the "First Amendment "); and
WHEREAS, the Amended and Restated Development Agreement, as amended by the First
Amendment shall hereinafter be collectively referred to as the "Development Agreement "). A
copy of the First Amendment is attached hereto and incorporated herein by this reference as
Exhibit "A ";
WHEREAS, the City and Developer intend to again amend certain of the terms and provisions of
the Development Agreement; and
WHEREAS, the City has conducted such hearings as are required by and in accordance with
applicable laws; and
WHEREAS, the City has determined that, as of the Effective Date of this Second Amendment,
the proposed Project (as defined in the Development Agreement) is consistent with the City's
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required by § 4 -206 and 4 -606 of the
Community Development Code; and
WHEREAS, at a duly called public meeting on I , 2014, the City Council
approved this Second Amendment and authorized an directed its execution by the appropriate
officials of the City; and
WHEREAS, approval of this Second Amendment is in the interests of the City in furtherance of
the City's goals of enhancing the viability of the resort community and in furtherance of the
objectives of Beach by Design; and
WHEREAS, Developer has approved this Second Amendment and has duly authorized certain
individuals to execute this Second Amendment on Developer's behalf; and
WHEREAS, the City and the Developer desire to amend certain terms and provisions of the
Development Agreement, as more fully set forth in this Second Amendment.
NOW, THEREFORE the City and the Developer agree as follows:
1. Recitals. The parties agree that the Recitals (the "Recitals ") are true and correct,
and the Development Agreement is incorporated herein by this reference. In the
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Page 2 of 11
event of any conflict between the Development Agreement and this Second
Amendment, the Second Amendment shall prevail. The parties acknowledge and
agree that the Development Agreement is in full force and effect and no defaults
exist thereunder.
2. Section 1.01, Paragraph 14. Section 1.01, Paragraph 14 as amended by the First
Amendment to the First Amended and Restated Agreement for Development of
Property in the City of Clearwater is amended as follows:
14. "Interval Ownership Units" means a maximum of (200)
Section 721.05, Florida Statutes, in the Project."
timeshare units, as defined
3. Section 1.01, Paragraph 16. Section 1.01, Paragraph 16 is amended as follows:
"16. "Hotel Units" means the = ' _ # °$ Hotel
Units, other than Interval Ownership Units, authorized by the density historically
allocated to the property together with the 250 Destination Resort Density Pool
Units allocated to the property to be constructed in the Project."
4. Section 1.10, Paragraph 18. Section 1.01, Paragraph 18 is amended as follows:
"18. "Meeting Space" means any building floor area within the Project which
can be used for conference or meeting activities. A breakdown of the floor area
4 , €
dedicated to meeting space
shown on Exhibit 0 hereto.
5. Section 1.01, Paragraph 29. Section 1.01, Paragraph 29 is amended to read as
follows:
"Resort Hotel Units" means both the Interval Ownership Units and Hotel Units in
an aggregate amount not to exceed 450 units."
6. Section 1.01, Paragraph 34. Section 1.01 is modified to add the following
Paragraph 34:
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Page 3 of 11
"Timeshare Interests. "Timeshare Interests" in one or more "Timeshare Plans ",
each as defined by Section 721.05, Florida Statutes, are permitted to be created
and offered for sale and may be used for periods of time not to exceed thirty (30)
consecutive days, in a maximum of two hundred (200) Interval Ownership Units
at the Resort Hotel. No further approvals from the City of Clearwater shall be
required to create such Timeshare Interests, or to market, offer and sell Timeshare
Interests and other related products at the Resort Hotel. Nothing contained in this
Development Agreement shall be deemed to _prohibit a mixed -use Project
consisting of a combination of hotel and timeshare related uses."
7. Section 2.03, Paragraph 1, subparagraph c. Subparagraphs c. of Section 2.03 ,
Paragraph 1 is amended as follows:
"c. Hotel — The Hotel shall include O -the Hotel Units, a minimum of twenty
thousand (20,000) square feet of Meeting Space and other amenities accessory to
the Hotel, including, but not limited to restaurants, bars, exercise and spa
facilities, outdoor recreation space, storage, back office and administration areas
and other functional elements related to the Hotel, including not more than thirty -
seven thousand (37,000) square feet of retail/ restaurant floor area as described in
Exhibit "0" attached hereto. Hotel Units shall be required to be submitted to a
rental program requiring that such units be available for overnight hotel guests on
a transient basis at all times, subject to force majeure events or renovation
activities making such rooms unavailable for occupancy.
8. Section 2.03, Paragraph 1, subparagraphs d. Subparagraphs d. of Section 2.03 ,
Paragraph 1 is amended by inserting the following:
d. Timeshare — The portion of the Resort Hotel where the maximum of two
hundred (200) Interval Ownership Units will be located."
9. Section 5.04 Paragraph 7. Section 5.04 Paragraph 7 is amended by adding the
following paragraph to the provisons thereof:
The Developer shall enter into a shared use and cross easement agreement
with respect to the operational spaces, amenities, common areas and recreational
facilities with respect to the Hotel and Timeshare portions of the Project (the
"Shared Use Agreement "). Such Shared Use Agreement shall provide for the
joint use of operational spaces, amenities, recreational facilities and common
areas of the Project by the owners and occupants of the Project. Such Shared Use
Agreement granting such rights shall be executed and recorded in the Official
Records of Pinellas County, Florida, the benefits and burdens of which shall run
with the Project Site. The City acknowledges that the Hotel and Timeshare
portions of the Project may not be operated by a single operator.
10. Section 2.03, Paragraph 2. The standards contained in Exhibit C are amended by
inserting the following additional language under the bold heading Minimum
Quality Standards:
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"Developer shall develop and operate the Resort Hotel in accordance with the
Wyndham Grand Resort operating standards. A City Quality Default Notice shall
not be issued, nor shall the City have any right to impose upon the Developer, or
its successors or assigns, the any fines, or pursue any other remedies related
thereto against the Developer or its successors or assigns, as long as the Hotel is
operated as a Wyndham Grand Resort consistent with the plans and specification
submitted to and approved by the City of Clearwater, Florida, and the Developer.,
or its successors and assigns remain in compliance with the Wyndham Grand
operating standards as to the Hotel, pursuant to its hotel management agreement
with Wyndham Hotel Management, Inc. or an affiliate thereof, and the Interval
Ownership Units are operated consistent with the operating standards established
by Wyndham Vacation Resorts, Inc."
11. Commencement Date. All references to the required Commencement Date in the
Development Agreement, including without limitation in Section 3.01(3) of the
Development Agreement, are amended to be on or before February 12, 2015.
12. Section 3.03, Paragraph 2. Section 3.03, Paragraph 2 is amended as follows:
"2. Reservation of Capacity. The City hereby agrees and acknowledges that,
as of the Effective Date of this ii. c Second Amendment, the Project
satisfies all concurrency requirements of Florida law. The City agrees to
reserve the required capacity to serve the Project for the D evelo . er and to
maintain such capacity
September 12, 2018. The City recognizes and acknowledges that the Developer
will rely upon such reservation in proceeding with the Project."
13. Section 5.03. Section 5.03 is amended by adding Paragraph 10 thereto as follows:
"10. Escrow Agreement. The City and Developer will execute an escrow
agreement in the form attached hereto as an exhibit hereto with First American
Title Company serving as escrow agent thereunder. The City will execute and
deliver to the escrow agent thereunder a Quit Claim Deed to the property to be
conveyed by it pursuant to Section 5.05 and Exhibit K to the Development
Agreement which shall contain an acknowledgment of the satisfaction of all
conditions to the right of way vacations and the Developer will execute a deed to
the property to be conveyed by it pursuant to such Exchange Agreement which
deeds shall be delivered and recorded upon the commencement of construction of
the intended improvement.
14. Section 2.03 Paragraph (1) is amended by deleting Exhibit B thereto and
substituting Exhibit B hereto in its place and stead, which Site Plan is consistent
with the site plan upon which the foundation permit was issued and with the site
plan contained in the submittals with the building permit application now pending
with the City and the City acknowledges that such site plan meet the requirements
of the Development Agreement.
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15. Section 5.04. The following Paragraph 11 is hereby added to Section 5.04:
"11. The City and Developer acknowledge and agree that the Commencement
Date for the Project shall be on or before February 12, 2015."
16. Section 5.04 Paragraph 10. Section 5.04 paragraph 10 is amended by adding the
following to the provisions thereof:
"The City acknowledges that the Developer has complied with the Performance
Assurance Milestones required by Section 5.04, Paragraph 10, subparagraphs (a).
(b) and (c)."
17. Section 16.01. The provisions of Section 16.01 are amended to add the following
subparagraph f. thereto:
"f. Notwithstanding anything to the contrary contained herein, any transfer of
any ownership interest in the Project Site, or any part thereof, to any mortgage
lien holder, or any assignee or successor to such mortgage lien holder, as a result
of foreclosure, deed in lieu of foreclosure, or such other similar proceeding, shall
not require the consent of or notice to the City."
18. Remaining Terms and Conditions. Except as modified hereby, the terms of the
Development Agreement shall remain unchanged, in full force and effect, and the
Development Agreement is hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals as of the date set forth in the first paragraph of this Second Amendment.
Countersigned: CITY:
� � W kV\ Cr VI C05
By:
George N. Cretekos, Mayor
Approved as to form:
By: k
Pamela K. Akin, City Attorney
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THE CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II, City Manager
ATTEST:
By'ilUJ LL 6a�
Rosemarie Call, City Clerk
Page 6 of 11
WITNESSES:
Print Name
N i,UA,m H rt9
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DEVELOPER:
K & P CLEARW TER ESTA LLC,
a Florida limi - bility c s y
By:
Dr. K C. Patel, as Mana_i _ Member of
K: Ho :, . ., general partner of K &P
artners Limited Partnership, managing member
of Developer
Page 7 of 11
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 11 day of 5471.1W. 'MP C. ,
2014, by Kiran C. Patel, M.D., as Managing Member of K &P Holding, L.C., General Partner of
K &P Partners Limited Partnership, a Florida Limited Partnership, Managing Member of K &P
CLEARWATER ESTATE, LLC, a Florida limited liability company, on behalf of the
company, who j is personally known to me or ❑ has produced
as identification.
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Notary Public _
Print Name: Tern o ri a E. I Gu t I or
My Commission Expires: '- I- l 2Z J 17
Page 8 of 11
(NOTARIAL SEAL)
EXHIBIT A
FIRST AMENDMENT TO
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR DEVELOPMENT OF PROPERTY IN THE CITY OF CLEARWATER
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Page 9 of 11
PREPARED BY AND WHEN RECORDED RETURN TO:
J. Paul Raymond, Esq.
625 Court Street, Suite 200,
Clearwater FL 33756
FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED AGREEMENT FOR
DEVELOPMENT OF PROPERTY IN THE CITY OF CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K & P CLEARWATER ESTATE, LLC
DATED AS OF Giimciakt.a, 613 , 2012
THIS FIRST AMENDMENT TO THE FIRST AMENDED AND RESTATED
AGREEMENT FOR DEVELOPMENT OF PROPERTY IN THE CITY OF CLEARWATER
(the "Amendment") is made as of this43 _ day of 2012 (the "Effective Date "), by
and between THE CITY OF CLEARWATER, FLOlorida municipal corporation (the
"City ") and K & P CLEARWATER ESTATE, L.L.C., a Florida limited liability company (the
"Developer").
WITNESSETH
WHEREAS, the City and Developer entered into a Development Agreement on March 3. 2005
and recorded in O.R. book 14168. Page 2397 regarding the certain property located at generally
100 Coronado Drive. 201, 215 and 219 South Gulfview Boulevard ( "Developer's Property "): and
WHEREAS, the City and Developer subsequently amended the Agreement on March 22. 2006
and recorded in Pinellas County Records O.R. Book 15023, Page 1494-1500;
WHEREAS, the City and the Developer entered into to a First Amended and Restated
Development Agreement on December 30. 2008, as recorded in O.R. Book 16466, Pages 1500-
1640, Public Records of Pinellas County, Florida (the "Development Agreement "); and
WHEREAS. one of the major elements of the City's revitalization effort is a preliminary plan for
the revitalization of Clearwater Beach entitled Beach by Design;
WHIEREAS. Beach by Design called for the construction of pedestrian - oriented improvements
along the east and west sides of South Gulfview Boulevard ( "South Gulfview"), which
improvements are known as Beach Walk:
WHEREAS. the City adopted Beach by Design pursuant to the Pinellas Planning Council's Rules
in support of the Comprehensive Plan adopted by the City;
WHEREAS. Beach by Design created a limited number of catalytic resort projects to reposition
and re- establish Clearwater Beach as a quality, family resort community and further provided
for a limited pool of additional hotel units ( "Destination Resort Density Pool ") to be made
available for such pr ejects;
WHEREAS, the Destination Resort Density Pool ( "DRDP") has a limited life after which time
the unused units will expire: and
WHEREAS, the Developer was allocated 250 DRDP units in 2005 and committed to promptly
commence construction: and
WHEREAS, as a result of the Developer's commitment, the City accelerated construction of
Beach Walk: and
2
WHEREAS. the Developer's failure to perform resulted in slower redevelopment of the area and
reduced ad valorem taxes for the property: and
WHEREAS, all other units allocated from the DRDP have been constructed: and
WHE S a ke teria for eli for the Destination Resort P - i Pool i the oz)! •
of a proposed project as resort hotel operating under a national or international "flag" or other
comparable marketing affiliation or program;
WHEREAS. the Developer proposes to develop a resort hotel including both a high end resort
hotel and a mid ranee resort hotel and associated amenities on certainproperty fronting on South
Gulfview and. subject to the mutual promises set forth of this Amendment and
WHEREAS. Developer has requested a three (3) year extension to the commencement date for
the Project as provided herein: and
tion
WHEREAS, in consideration for such extension the City requires and the Developer agrees to
certain assurances that the Project will be aggressively and actively pursued: and
WHEREAS, the Developer proposes to reduce the gross area of the previously approved Project
by approximately 160,000 square feet which will require a modification of Exhibit B to be
reviewed for consistency with Beach By Design by City Council at a later date: and
WHEREAS, the City has conducted such hearings as are required by and in accordance with
Chapter 163.3220 Fla Stat. (2010) and any other applicable law: and
WHEREAS. the City has determined that, as of the Effective Date of this Amendment, the
proposed project is consistent with the City's Comprehensive Plan and Land Development
Regulations: and
WHEREAS, the City has conducted public hearings as required by § 4-206 and 4-606 of the
Community Development Code;
WHEREAS, at a duly called public meeting on , 2012. the City Council
approved this Amendment and authorized and directed its execution by the appropriate officials
of the City;
WHEREAS. approval of this Amendment is in the interests of the City in furtherance of the
City's goal, of enhancing the viability 9f the resort community and in furtherance of the
objectives of Beach by Design: and
WHEREAS. Developer has approved this Amendment and has duly authorized certain
individuals to execute this Amendment on Developer's behalf.
WHEREAS, the City and the Developer desire to amend certain terms and provisions of
the Development Agreement, as more fully set forth herein below.
3
NOW, THEREFORE the City and the Developer agree as follows:
1. That Section 1.01 paragraphs 14 and 1$ are hereby amended to read as follows:
14. "Interval Ownership Units" means a maximum of 200 interval
ownership/timeshare units as defined in the Community Development Code, which will be sold
to more than one owner for use for a period of time not to exceed 30 consecutive days. The
Applicant is no longer seeking interval ownership(timeshare•use for units, therefore paragraph 14
is hereby intentionally deleted as are all references to same contained herein.
18. "Meeting Space" means any building floor area within the Project
which can be used for conference or meeting activities. A breakdown of the floor area dedicated
to meeting space is listed herein below:
Grand Ballroom:
Junior Ballroom:
Meeting Rooms:
11,000 square feet
7,500 square feet
4,100 square feet
2. Section 2.03(1Xc) and (d) are hereby amended as follows:
2.03. Scope of the Project.
c. Hotel -- The Hotel shall include 250 Hotel Units, a minimum of twenty
thousand (20,000) square feet of Meeting Space and other amenities accessory to the Hotel,
including, but not limited to restaurants, bars, exercise and spa facilities, outdoor recreation
space, storage, back office and administration areas and other functional elements related to the
Hotel, including not more than thirty -seven thousand (37,000) square feet of retail/ restaurant
floor area as described in Exhibit 0 attached hereto. Hotel Units shall be required to be
submitted to a rental program requiring that such units be available for overnight hotel guests on
a transient basis at all times, subject to force majeure events or renovation activities making such
rooms unavailable for occupancy.
3. Section 3.01 paragraph 3 is hereby amended to read as follows:
4
3. Grant of Additional Hotel Units. Subject to the terms and conditions of
this Agreement and compliance with applicable law, the City hereby allocates and grants to
Developer from the Destination Resort Density Pool the right to build two hundred fifty
(250) hotel rooms in addition to the Existing Hotel Units, making the Project Site eligible
to contain a maximum of four hundred fifty (450) Resort Hotel Units. The allocation of the
Destination Resort Density Pool Units shall expire and be of no further force and effect
unless Developer completes payment of Developer's Pro Rata Share as provided in
Paragraph 5.05 and the Commencement Date occurs on or before three (3) years after the
Effective Date of this Agreement. Notwithstanding the foregoing, the Developer may
request an amendment to this Agreement as provided by the Community Development
Code. The City hereby grants a three year an extension of the
Effective Commencement Date from February 11, 2012 to
three (3) years from the effective date of this amendment Yvhich is contemplated to be
February 11.2012. The parties acknowledge that Developer has completed payment of the
Pro -rata share as required by the Agreement.
4. Section 3,03 paragraph 2. is hereby amended to read as follows:
2. Reservation of Canacity. The City hereby agrees and acknowledges that, as of
the Effective Date of this Agreement, the Project satisfies the concurrency requirements of
Florida law. The City agrees to reserve the required capacity to serve the Project for the
Developer and to maintain such capacity until three (3) years following the Effective Date of this
Amendment. The City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
5. Section 5.04 Paragraph 10 is hereby added to read as follows:
10. Performance Assurance Milestones
As an inducement to the City to extend the time periods as provided herein, the Developer agrees
to the following Performance Assurance Milestones, listed herein as-fellews:
a) On or before February 12, 2012, Developer shall pay $1,000,000 into an interest
bearing escrow account pursuant to a written escrow agreement. Developer, as an
additional condition to the extension, shall provide a copy of the executed contract with
the Architect for the design of the development and preparation of working drawings.
b) (1) If Developer has filed the application for the building permit for the
project on or before February 12, 2013, on February 12, 2013, an additional $500,000
shall be required to be deposited into the interest bearing escrow account to continue the
extension of the Development Agreement, increasing the principal balance of the escrow
account to $1,500,000. Failure to timely pay such additional amount into the escrow
account shall terminate the Development Agreement.
5
(2) If Developer has not filed the application for the building permit for the
project on or before February 12, 2013, an additional $1,000,000 shall be required to be
deposited into the interest bearing escrow account to continue the extension of the
Development Agreement, increasing the principal balance of the escrow account to
$2,000,000. Failure to timely pay such additional amount into the escrow account shall
terminate the Development Agreement.
(3) If Developer files the application for the building permit for the project
after February 12, 2013, but or on or before August 1, 2013, Developer shall be entitled
to a $500,000 distribution from the escrow account upon the submission of the
application for the building permit for the project. In the event a design change requiring
a modification to the Development Order and/or Development Agreement is mandated by
the hotel flag, the entitlement to such credit shall be extended until eight (8) months
following the date the design change is finally approved by the City.
c) (1) If Developer has actually pulled the building permit for the project on or
before February 12, 2014, an additional $500,000 shall be required to be deposited into
the interest bearing escrow account to continue the extension of the Development
Agreement, thereby increasing the principal balance in the escrow account to $2,000,000
if the application for the building permit for the project has been timely filed and to a
balance of $2,500,000 if not. Failure to timely pay such additional amount into the
escrow account shall terminate the Development Agreement.
(2) If Developer has not pulled the building permit for the project on or before
February 12, 2014, an additional $1, 000,000 shall be required to be deposited into the
interest bearing escrow account to continue the extension of the Development Agreement,
thereby raising the principal balance in the escrow account to a minimum of $2,500,000 if
the application for the building permit for the project was timely filed and to $3,000,000 if
the application for the building permit for the project was not timely filed. Failure to timely
pay such additional amount into the escrow account shall terminate the Development
Agreement. When Developer actually pulls the building permit for the project, Developer
shall be entitled to a $500,000 distribution from the escrow account.
d) Developer shall be entitled to immediate payment of the entire balance of the
escrow account, if on or before February 12.2015:
1) Developer closes on a construction loan for erect construction;
2) Developer has commenced construction of the project: and
3) Developer has entered into a Management Agreement with a Hotel/Resort
manager who meets the following criteria:
a. Demonstrated experience managing beach resort facilities;
b. Demonstrated experience managing quality facilities with 4 star
attributes;
c. Demonstrated experience managing facilities that participate ill
Flag hotel franchise arograms:
6
d. Demonstrated experience managing hotel facilities with large
volume food and beverage operations: and
e. Demonstrated experience managing group/convention sales efforts
for resort facilities.
e) If the Developer does not close on the construction loan and actually commence
construction on or before February 12, 2015, or if Developer does not make a timely escrow
deposit as s .± • : s erei . • or if Develo • - d + ' of enter into : M :.. + em - nt „ent wi . a
Hotel/Resort manager who meets the above criteria on or before February 12, 2015, en- er -befo e
City shall be entitled to immediate distribution of the
escrow deposit upon its demand to the Escrow Agent and the extension of the term of the
Development Agreement will terminate.
i) The escrow agent shall be Macfarlane, Ferguson & McMullen, P.A. and the City
and Developer shall be parties to an Escrow Agreement, a copy of which is attached hereto. The
escrow agent shall be permitted to enter into an agreement, as approved by the City, for the cash
management of the funds held in escrow with any earnings thereon distributable to the Developer
annually. Monthly statements shall be rendered for such account and provided to Developer and
City. Developer shall restore any losses incurred by the escrow account on account of
fluctuations in the value of permitted investments thereof within 30 days of the date of any
statement evidencing any reduction in the balance of such account below the minimum principal
balance required as of such date.
g) Except as modified hereby
the terms of the First Amended and
Restated Development Agreement dated 12/30 /08 are hereby ratified and confirmed.
6. Section 16.03 paragraph 1 is hereby amended to read as follows:
1. 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 courier service, or by hand delivery to the
office for each party indicated below and addresses as follows:
To the Developer:
K & P Clearwater Estate, LLC
Attn. Dr. Kiran C. Patel
5600 Mariner, Suite 200
Tampa, FL 33609
with copies to:
J. Paul Raymond, Esq.
625 Court Street, Suite 200
Clearwater, FL 33756
To the City:
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33756
Attn: City Manager
with copies to:
Pamela K. Akin, Esq.
Clearwater City Attorney
112 S. Osceola Avenue, 3t Floor
7
Clearwater, FL 33756
7. Effective Date. As provided by §163.3239, Florida Statutes (2010), this
agreement will become effective after being recorded in the public records in the county and 30
days after having been received by the state land planning agency. The-Applieany
2012. ...,.. .... ..- - - ..... ,
IN WITNESS WHEREOF, the parties hereto have set their bands and their respective
seals affixed as of the date set forth in the first paragraph of this Amendment.
Countersigned:
By:
THE CITY OF CLEARWATER, FLORIDA
..
Frank V. Hibbard, Mayor
Approved as to form:
By: k-
Pamela Akin, City Attorney
Witness:
-PW5N-71 kicaX)
Printed Name:
42_4,4., I .114..4444,-1
illiam B. Home II, City Manager
K & P CLEARWATER ESTA , LLC
By:
: as • :�,F:,.
Member of K & P Holdings, L.C.,
General Partner of K & P
PARTNERS LIMITED
PARTNERSHIP, A FLORIDA
LIMITED PARTNERSHIP,
Managing Member of K & P
Clearwater Estate, LLC
8
STATE OF FLORIDA u puq }
COUNTY OF �4s V�
The
of
K P Ho!
Partnership,
foregoing instrument was acknowledged before
2012 by K; Ron C.. R 4-di, reLD as
L.C., General Partner of K & P Partners Limited Partn
Managing Member of K & P Clearwater Estate, LLC.
a. •--
Notary Public = Signature
Print Name: MG1►5So, f
My Commission Expires: May 1, ,abl.3
me this lath day
grvok Mt a- of
a'lorida Limited
9
10141/1191 #3590301 v6
7/3/2014
EXHIBIT B
PRELIMINARY PROJECT PLANS
[Project Site Plan and Architectural Plans]
Page 10 of 11
2
A
J EGAL DESCRIPTION:
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v �_�/R.'_
COASTAL CONSTRUCTION
--- CONTROL LINE - -- - - -- -
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ilia;
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4
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&TECH.
PENTHOUSE
TOP OF
PARAPET
IrT
IFS
Sheet Name
_A PLAN LEVEL 500. 1100
A PLAN LEVEL 1400
A PLAN LEVEL 1500
LDING ELEVATION
Wyndham Grand Resort
100 Coronado Drive
Clearwater, FL 33767
BROSCH
WURST
WOLFE $OCLeES BJC.
Aral ehra & PIrr&j
10/07/2013
A -0
PROJECT SITE PLAN
1,30.4r
GRP* Saw 1 ono 3D bel
R-111-1. Pr
0
00 120
Wyndham Grand Resort
100 Coronado Drive
Clearwater, FL 33767
NICHOLS
BROSCH
WURST
WOLFE
& &MMUS, INC.
Aretdtaas $ PlErAt
10/07 / 2aiS
A-1
3
4
flSt t444BY EASE BUILDING B. STEMS ONACCEPTABLE EOUNALENnaxoR 0 BE
SELECTED BY ARCHITECT
LIS 14#
tin I
11#1111
N PENTHOUSE
PARAPET dr
N ROOF LEVEL
11S2 0"
N 1500 LEVEL 4_
15S r
N 1400 LEVEL 4_
14.4 - s•
N 1300 LEVEL 4_
- V
N 1200 LEVEL
12 V
N II c.airf
N 1000,017 _Eta,
IN 900 LEVEL
BE
N DOD LEVEL
cr
N 700 LEVEL
44600 LEVEL
TCT -
N 500 tip, El_
400 LEVEL
gir
.r 421T EVELAL
•
1F53.--0.
f EAST JCORONADO STREET) ELEVATION
1.- 20L0
Wyndham Grand Resort
100 Coronado Drive
Clearwater, FL 33767
NICHOLS
BROSCH
WURST
WOLFE
ASSIICATES. NC
,2:e4
IN"
101072013
A-12
WYNDHAM GRAND RESORT
Clearwater Beach, FL
SCHEDULE 0
MEETING SPACE
GRAND BALLROOM 16,959 GSF
(DIVISIBLE INTO JR. BALLROOM & MULTIPLE SALONS)
MEETING ROOMS 8,044 GSF
(7 MEETING ROOMS)
TOTAL MEETING SPACE 25,003 GSF
FOOD & BEVERAGE
HOTEL INDOOR SEATING AREA
HOTEL OUTDOOR SEATING AREA
BARISTA (COFFEE / BAR)
HOTEL KITCHEN AREA
POOL BAR OUTDOOR SEATING AREA
POOL BAR KITCHEN AREA
TOTAL FOOD & BEVERAGE
3,442 GSF
3,125 GSF
562 GSF
4,264 GSF
1,697 GSF
1,671 GSF
14,761 GSF
SPA & FITNESS
SPA 5,930 GSF
FITNESS 1,617 GSF
TOTAL SPA & FITNESS 7,547 GSF
GROUND LEVEL RETAIL 1,812 GSF
(BEACH WALK LEVEL)
Escrow Agreement
This Escrow Agreement effective this day of
2014, by and between K & P Clearwater Estate, LLC ( "Developer "), City of
Clearwater, Florida ( "City ") and First American Title Insurance Company
( "Escrow Agent ").
Recitals
A. A SECOND AMENDMENT TO THE FIRST AMENDED AND
RESTATED AGREEMENT FOR DEVELOPMENT OF PROPERTY (the
"Second Amendment ") was entered into as of the day of 2014 (the
"Effective Date "), by and between THE CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation (the "City ") and K & P CLEARWATER ESTATE,
L.L.C., a Florida limited liability company (the "Developer"
B. Under the terms of the Second Amendment, the Escrow Agent is to hold
deeds from Developer to the City and from the City to the Developer, subject to
the terms of this Escrow Agreement.
Agreement
NOW, THEREFORE, in consideration of the Recitals, the parties agree as
follows:
1. Appointment of Escrow Agent. Developer and City hereby appoint Escrow
Agent as escrow agent pursuant to the Agreement and said Escrow Agent agrees to
serve in such capacity in accordance with the terms hereof. Developer and City
agree to delivery their respective deeds to complete the Exchange Agreement
(Exhibit k to the Development Agreement between Developer and City originally
dated March 3, 2005, and recorded in OR Book 14168, Page 2397, as the same has
been amended from time to time to be held and delivered by it pursuant to the
terms hereof.
2. Escrow Deliveries. City has executed a QCD conveying certain property to
Developer and acknowledging satisfaction of certain contingencies contained in a
the Vacation Ordinances enumerated in the Quit Claim Deed attached hereto from
the City to Developer and in the Development Agreement between City and
Developer and irrevocably delivered such deed to Escrow Agent to deliver to
Developer conditioned only upon the commencement of construction by Feb 12,
2015.
Developer has executed a deed conveying certain property to City and irrevocably
delivered such deed to Escrow Agent to deliver to City conditioned only upon the
delivery of the QCD described above. The Escrow Agent, through its authorized
agent, has delivered an owner's title commitment to City committing to issue an
owner's title policy relating to the property to be conveyed to the City by
Developer. Said policy shall be issued as soon as practical following the delivery
of the deed out of escrow.
Escrow agent is authorized and directed to deliver the deeds to the respective
grantees thereof upon commencement of construction by Developer of the resort
hotel. It is hereby agreed commencement of vertical construction shall mean the
recordation of a notice of commencement and the actual commencement of any
work pursuant thereto. Escrow Agent shall be authorized to deliver such deeds
three (3) days after notifying City in writing of its receipt of written notice by the
general contractor certifying that construction has commenced absent receipt of the
City's objection to such delivery.
Should escrow agent not receive the general contractor's notice of commencement
of construction on or before February 12, 2015, Escrow agent shall be authorized
to return the deeds to the respective grantor thereof.
3. Limit on Escrow Agent's Duties. Escrow Agent undertakes and agrees to
perform only such duties as expressly set forth herein. The duty of the Escrow
Agent hereunder shall be limited to the safekeeping of the Deeds and the
disposition of same in accordance with the provisions of this Agreement. Except
to the extent provided to the contrary in this Agreement, the Escrow Agent shall
have the right, but not the obligation, to require written instruments signed by all
parties to this Agreement confirming its authority to act in a proposed manner.
4. Indemnification of Escrow ent. The undersigned acknowledge that
Escrow Agent has entered into this Agreement at their specific request and, in
order to induce Escrow Agent to accept said escrow, do hereby agree to indemnify
and hold Escrow Agent harmless from all loss, cost and expense, including
reasonable attorneys' fees and court costs, which it may suffer or incur as a result
of acting as Escrow Agent under this Agreement. In the event of any dispute as to
the disposition of the Deeds deposited with Escrow Agent, Escrow Agent shall
have the right to bring a suit in interpleader in any court of competent jurisdication
naming the parties to this Agreement and any other parties as may be appropriate
in the opinion of Escrow Agent. The undersigned shall indemnify and hold
harmless Escrow Agent from all costs, including attorneys' fees, in connection
with such interpleader action. Upon the filing of said suit and deposit of the deeds
with the clerk of the Court, Escrow Agent shall have the right to withdraw from
said suit, and all obligations of Escrow Agent shall cease and terminate.
5. Notices:
(a) Any notice or demand given or required by any party hereunder shall
be in writing and shall be sufficiently given or served by being deposited, postage
prepaid, in a United State Post Office depository, sent by registered mail or
certified mail, return receipt requested, or by hand delivery to the addresses stated
on the signature pages hereof. Simultaneous with any notice or demand or written
instruction by Developer or City, such party shall send a copy to the other party
and to Escrow Agent by fax and email at the fax number and email addresses set
forth below, but the giving of fax and/or email notices shall NOT substitute for
giving the notice by certified mail, return receipt requested or hand delivery.
(b) Escrow Agent may act upon any written notice, request, waiver,
certificate, receipt, authorization, power of attorney or other instrument or
document which complies with the terms hereof and which Escrow Agent in good
faith believes to be genuine and to be what it purports to be.
6. Controllin Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida.
7. Litigation Costs. In connection with any litigation arising out of this
Agreement, the prevailing party therein shall be entitled to recover from the non-
prevailing party all costs incurred in connection therewith including, without
limitation, all attorneys' fees, paralegals' fees and court costs, whether incurred at
bankruptcy, administrative, trial and/or appellate levels or proceedings.
Agreed to and acknowledged this day of 2014.
DEVELOPER
K & P Clearwater Estate, LLC, a
Florida limited liability company
By: K & P Partners Limited
Partnership, Manager
By: K & P Holding, LC, general
partner
By:
Name: Kiran C. Patel, M.D.
Title: Manager
5600 Mariner, Suite 200
Tampa, Florida 33609
813 -506 -6000
ESCROW AGENT
First American Title Insurance
Company
By:
Name:
Title:
Telephone:
Fax#
Date: 2014
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
Pamela K. Akin Rosemarie Call
City Attorney City Clerk
PREPARED BY AND RETURN TO:
J. PAUL RAYMOND, Esquire
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200
Post Office Box 1669 (33757)
Clearwater, Florida 33756
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this day of , b
> by
and between K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, whose
address is 5600 Mariner Street, Suite 140, Tampa, FL 33609, hereinafter called the "Grantor ", to
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose address is 112
S. Osceola Avenue, Clearwater, FL 33756, hereinafter called the "Grantee ". Whenever used
herein, the terms "Grantor" and "Grantee" shall include all of the parties to this instrument and their
heirs, legal representatives, successors and assigns.
WITNES SETH:
THAT THE GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and
other valuable considerations, the receipt whereof is hereby acknowledged, by these presents, does
grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land
situate in Pinellas County, Florida, (the "Premises "), being more particularly described on Exhibit
"A" attached hereto and made a part hereof.
THIS CONVEYANCE is made subject to the exceptions set forth on Exhibit "B" attached
hereto and made a part hereof.
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
_Z_
AND the Grantor hereby covenants with the said Grantee that is lawfully seized of said land
in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby
fully warrants the title to said land and will defend the same against the lawful claims of all persons
claiming by, through or under the said Grantor, but not otherwise.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its
name, and its seal to be affixed hereunto, affixed, by its proper officers, thereunto duly authorized,
the day and year first above written.
In the Presence of: K & P CLEARWATER ESTATE, LLC,
a Florida corporation
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
By: (SEAL)
Name
Title
I HEREBY CERTIFY that before me personally appeared
as of K & P
CLEARWATER ESTATE, LLC, a Florida limited liability company, to me personally known to be
the person described in and who executed the foregoing instrument or has produced
as identification and who acknowledged the execution thereof, for the uses
and purposes therein expressed.
WITNESS my hand and official seal at , said County and State, this
day of , 2014.
-2-
Notary Public
Print Name
My Commission Expires:
EXHIBIT "A"
Parcel C
The Easterly 18 feet of Lot 93; together with the Westerly 1.86 feet of the right of way of
Coronado Drive abutting Lot 93, LLOYD - WHITE - SKINNER SUBDIVISION as recorded in
Plat Book 13, Pages 12 and 13, Public Record of Pinellas County, Florida;
Together with a portion of Lot 1, Block A, COLUMBIA SUBDIVISION as recorded in Plat
Book 23, Page 60, Public Records of Pinellas County, Florida and together with a portion of the
Westerly 1 foot of the platted right of way of Coronado Drive adjacent to said Lot 1, all of the
above being further described as follows:
Beginning at the Southeast corner of Lot 93, LLOYD- WHITE - SKINNER SUBDIVISION,
thence N84 °27'30 "W along the Southerly boundary of Lot 93 a distance of 18.00 feet; thence
N05 °32'30" E along a line 18 feet Westerly of and parallel to the Easterly boundary of said Lot
93 a distance of 132.32 feet; thence 5.24 feet along the arc of a curve to the left having a radius
of 40.00 feet, a chord of 5.23 feet and a chord bearing N01 °47'31 " E to a point on a non - tangent
curve; thence 35.43 feet along the arc of said curve in the right having a radius of 28.66 feet, a
chord of 33.22 feet and a chord bearing S30 °04'20 "E; thence N90 °00'00 "E, along the Easterly
projection of the Northerly boundary of said Lot 93 a distance of 0.86; thence S05 °32'30 "W,
along a line 1.86 feet Easterly of and parallel to the Easterly boundary of said Lot 93 a distance
of 110.62 feet; thence N84 °27'30 "W a distance of 1.86 feet to the point of beginning.
AND
Parcel D
The Easterly 18.0 feet of Lots 97, 98, 99, 100, and 101;
Together with the Easterly 18.0 feet of Lot 102 less the Southerly 30.0 feet thereof, LLOYD -
WHITE- SKINNER SUBDIVISION as recorded in Plat Book 13, Pages 12 and 13, Public
Records of Pinellas County, Florida.
EXHIBIT "B"
1. Subject to taxes for the year 2014 and subsequent years, not yet due and payable.
2. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat
of LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page(s) 12 and 13,
but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status or national origin to the
extent such covenants, conditions or restrictions violate 42 USC 3604(c).
3. Restrictions, dedications, conditions, reservations, easements and other matters shown on
the plat of COLUMBIA SUBDIVISION, as recorded in Plat Book 23, Page(s) 60, but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on race,
color, religion, sex, handicap, familial status or national origin to the extent such covenants,
conditions or restrictions violate 42 USC 3604(c).
4. Terms and conditions of the Agreement for Development Property between The City of
Clearwater, a Florida municipal corporation and K & P Clearwater Estate, LLC., dated March 3,
2005 recorded in Book 14168, Page 2397; as amended by the First Amendment thereto recorded in
Book 15023, Page 1494; and by First Amended and Restated Agreement for Development of
Property recorded in Book 16466, Page 1500.
5. Terms, conditions, and provisions contained Reciprocal Air Rights Easement Agreement
recorded in Book 15847, Page 1778.
G:UPRWCCELIK & P1K & P Clearwater Estate, LL City of Clw caoveyanoe\IMP to Citymded.doc
-5-
PREPARED BY AND RETURN TO:
J. PAUL RAYMOND, Esquire
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200
Post Office Box 1669 (33757)
Clearwater, Florida 33756
QUIT CLAIM DEED
THIS INDENTURE, made this day of , 2014, between CITY
OF CLEARWATER, a Florida municipal corporation, of the County of Pinellas, in the State of
Florida, Party of the First Part, whose mailing address is 112 S. Osceola Avenue, Clearwater, FL
33756, and K & P CLEARWATER ESTATE, LLC, a Florida municipal corporation, of the
County of Pinellas, in the State of Florida, Party of the Second Part, whose mailing address is 5600
Mariner Street, Suite 140, Tampa, FL 33609.
WITNES SETH, that the said Party of the First Part, for and in consideration of the sum of
Ten and no /100 Dollars ($10.00), in hand paid by the said Party of the Second Part, the receipt
whereof is hereby acknowledged, has remised, released and quit claimed, and by these presents
does remise, release and quit claim unto the said Party of the Second Part all the right, title, interest
claim and demand which the said Party of the First Part has in and to the following described lot,
piece or parcel of land, situate lying and being in the County of Pinellas, State of Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE.
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TO HAVE AND TO HOLD the same, together with all the singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim
whatsoever of the said Party of the First Part, either in law or equity, to the only proper use, benefit
and behoof of the said Party of the Second Part.
1 -All conditions to the effectiveness of the ordinances listed below have been
performed, satisfied or waived:
Ordinance No. 7372 -05, recorded OR Book 14168, Page 2536
Ordinance No. 7598 -06 recorded OR Book 15023, Page 1518
Ordinance No. 7947 -08 recorded OR Book 16229, Page 1974
Ordinance No. 7948 -08 recorded OR Book 16229, Page 1978
Ordinance No. 8041 -09 recorded OR Book 16522, Page 809
Ordinance No. 8040 -09 recorded OR Book 16522, Page 812
Ordinance No. 8308 -12 recorded OR Book 17488, Page 1091
Ordinance No. 8309 -12 recorded OR Book 17488, Page 1094
2 -All obligations of the Grantee arising under paragraph 5.05 Subsections (3), (6) and
(9) of the Development Agreement between Grantor and Grantee originally dated March 3,
2005, and recorded in OR Book 14168, Page 2397, as the same has been amended from time to
time, have been performed.
All references to OR Book and Pages means Official Record Books and Pages of the Public
Records of Pinellas County, Florida.
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IN WITNESS WHEREOF, the said Party of the First Part has hereunto set our hand and
seal the day and year first above written.
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
George N. Cretekos, Mayor William B. Horne, II, City Manager
Approved as to form: Attest:
Deputy City Clerk
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared George N. Cretekos, the Mayor of the
City of Clearwater, Florida to me well known to be the person who executed the foregoing instrument and
acknowledged the execution thereof to be his act and deed for the use an purposes herein set forth
Witness my hand and official seal this
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day of , 2014.
Notary Public
Print Name
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared William B. Horne, II the City Manager
of the City of Clearwater, Florida to me well known to be the person who executed the foregoing instrument
and acknowledged the execution thereof to be his act and deed for the use an purposes herein set forth.
Witness my hand and official seal this day of , 2014.
Notary Public
Print Name
My Commission Expires:
G:\JPR\AXCEL\K & P Clearwater Estate, LLC\City of Ow conveyance \QCD -City of Clw -K & P.doc
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EXHIBIT "A"
PARCEL G
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON
THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECORDS OF PINELLAS
COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS
DEPICTED ON THE PLAT OF LLOYD -WHITE - SKINNER SUBDIVISION, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST
1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW:
BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- WHITE-
SKINNER SUBDIVISION: THENCE S.05 °32'30 "W. ALONG THE EAST RIGHT -OF -WAY
OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 44; THENCE S.05 °32'30 "W., A DISTANCE OF 60.00 FEET TO
THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD - WHITE - SKINNER
SUBDIVISION; THENCE S.05 °34'08 "W., ALONG AFORESAID EAST RIGHT -OF -WAY OF
SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S.05 °31'21 "W.
ALONG SAID EAST RIGHT -OF -WAY OF GULF VIEW BOULEVARD, A DISTANCE OF
160.05 FEET; THENCE N.84 °27'30 "W., A DISTANCE OF 34.98 FEET; THENCE
N.05 °32'30 "E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A
DISTANCE OF 456.33 FEET; THENCE S. 41°28'18" E., A DISTANCE OF 16.55 FEET;
THENCE S. 05 °29' 40" W., A DISTANCE OF 0.58 FEET; THENCE S. 84° 30' 20" E., A
DISTANCE OF 6.00 FEET; THENCE N. 05° 29 40" E., A DISTANCE OF 18.97 FEET;
THENCE CONTINUE N. 05° 29' 40" E., A DISTANCE OF1.03 FEET; THENCE N. 41° 00'
13" W., A DISTANCE OF 17.95 FEET; THENCE N. 48° 31' 37" E., A DISTANCE OF 14.15
FEET; THENCE N. 90° 00' 00" E., A DISTANCE OF 34.32 FEET TO A POINT OF NON -
TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT -
OF -WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A
RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A
CHORD BEARING OF S. 28° 11' 29" W.; THENCE S. 05° 32' 30" W., ALONG SAID EAST
RIGHT -OF -WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE
N. 90° 00' 00" W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A
DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING.
PARCEL H
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON
THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH,
RANGE 15 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE
15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-
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WHITE- SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA; THENCE N.90 °00'00 "E., ALONG THE NORTH
BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N.05 °32'30 "E.
ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW
BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE
NORTHEASTERLY ALONG SAID EASTERLY RIGHT -OF -WAY OF GULF VIEW
BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC
OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.28 °11'29 "E.
TO THE POINT OF BEGINNING; THENCE N90 °00'00 "W., A DISTANCE OF 29.08 FEET
TO A POINT OF NON - TANGENT CURVE; THENCE NORTHEASTERLY ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET,
A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63 °52'46 "E.; THENCE
5.89 °54'00 "E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00
FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING
5.45 °59'54 "E. TO A POINT OF NON - TANGENT CURVE; THENCE WESTERLY ALONG
THE SOUTHERLY RIGHT -OF -WAY OF AFORESAID GULF VIEW BOULEVARD, BEING
A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A
CHORD OF 11.89 FEET AND A CHORD BEARING N77 °55'43 "W.; THENCE
N.89 °54'00 "W. ALONG SAID SOUTHERLY RIGHT -OF -WAY OF GULF VIEW
BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE
WESTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY OF AFORESAID GULF VIEW
BOULEVARD BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN
ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF
5.70 °27'47 "W. TO THE POINT OF BEGINNING.
PARCEL J
A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON
THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECORDS OF PINELLAS
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD- WHITE-
SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON
PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; THENCE N. 90 °00'00" E., ALONG THE NORTH BOUNDARY OF SAID LOT
44, A DISTANCE OF 3.82 FEET; THENCE N. 05° 32' 30" E., ALONG THE EASTERLY
RIGHT -OF -WAY OF AFORESAID GULF VIEW BOULEVARD, SAID EASTERLY RIGHT -
OF -WAY LYING 1.0 FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1,
BLOCK A, COLUMBIA SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; A DISTANCE OF 0.88 FEET
TO A POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY
RIGHT -OF -WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT
HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND
A CHORD BEING OF N. 28 °11' 29" E.; THENCE N. 90° 00' 00" W., A DISTANCE OF 34.32
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FEET; THENCE S. 48° 31' 37" W., A DISTANCE OF 14.15 FEET FOR A POINT OF
BEGINNING; THENCE S. 41° 00' 13" E., 17.95 FEET; THENCE S. 05° 29' 40" W., 20.00
FEET; THENCE N. 84° 30' 20" W., 6.00 FEET; ;THENCE N. 05° 29' 40" E., 0.58 FEET;
THENCE N. 41° 28' 18" W., A DISTANCE OF 16.55 FEET TO THE POINT OF
INTERSECTION WITH THE CENTERLINE OF SAID GULF VIEW BOULEVARD;
THENCE N. 05° 32' 30" E., ALONG SAID CENTERLINE A DISTANCE OF15.06 FEET;
THENCE N. 48° 31' 37" E., A DISTANCE OF 7.42 FEET TO THE POINT OF BEGINNING.
PARCEL K
THE VACATED SOUTHERLY 1 FOOT OF GULF VIEW BOULEVARD ADJACENT TO
LOT 1, BLOCK "A ", COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 23, PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA AND A PORTION OF THE VACATED WESTERLY 1 FOOT OF CORONADO
DRIVE ADJACENT TO SAID LOT 1, SAID VACATED PORTIONS BEING SHOWN BY
RESOLUTION FIELD NOVEMBER 27, 1959, IN O.R. BOOK 757, PAGE 40, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 44, THE LLOYD- WHITE-
SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13 ON PAGES 12 AND 13 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N. 90° 00' 00" E.,
ALONG THE NORTHERLY BOUNDARY THEREOF A DISTANCE OF 3.82 FEET;
THENCE N. 05° 32' 30" E., 088 FEET TO A POINT OF CURVATURE; THENCE 50.17
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00
FEET, SUBTENDED BY A CHORD DISTANCE OF 45.74 FEET BEARING N. 47° 49' 12"
E.; THENCE S. 89° 54' 00" e., 145.71 FEET TO A POINT OF CURVATURE; THENCE 12.21
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 28.66
FEET, SUBTENDED BY A CHORD DISTANCE OF 12.12 FEET, BEARING S. 77° 41' 47"
E. TO A POINT ON A NON - TANGENT CURVE; THENCE 1.11 FEET ALONG SAID
CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, SUBTENDED BY A
CHORD DISTANCE OF 1.11 FEET, BEARING S. 01° 09' 52" E. TO A POINT OF
INTERSECTION WITH THE NORTHERLY BOUNDARY OF SAID LOT 1 AND A POINT
ON A NON - TANGENT CURVE; THENCE 12.26 FEET ALONG THE ARC OF SAID
CURVE TO THE LEFT HAVING A RADIUS OF 27.66 FEET, SUBTENDED BY A CHORD
DISTANCE OF 12.16 FEET, BEARING N. 77° 12' 09" W.; THENCE N. 89° 54' 00" W.,
145.71 FEET TO A POINT OF CURVATURE; THENCE 48.69 FEET ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 33.00 FEET, SUBTENDED BY A
CHORD DISTANCE OF 44.39 FEET, BEARING S. 47° 49' 12" W.; THENCE S. 05° 32' 30"
W., A DISTANCE OF 0.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE N. 90° 00' 00" W., A DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING.
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