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CSP2012-05012cdo Clearwater Clearwater, Planning Department CASE #: SGN or CS Z dr Z . O S D / L 100 South Myrtle Avenue Florida 33756 DATE RECEIVED: OS • Z �/ f 2- Telephone: 727 - 562 -4567 Fax: 727- 562 -4865 RECEIVED BY (staff initials): ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION JW— SUBMIT ONE (1) COPY OF THE FOLDED PLANS (see C, D, & E below); F @ ®�F r j,- SUBMIT APPLICATION FEE $ 400.00 COMPREHENSIVE SIGN PROGRAM APPLICATION (Revised 06 OW@) VC :v- PLEASE TYPE OR PRINT- GENERAL PRINCIPLES: The intent of the Canprehermw Sign Program is to provide private property owners and busmsses with flexibility to develop iivmvahm, creative and effective sVzVe and to irgorove the aesthetics of the City of Clearwater fts program provides an alternative to nwwnum standard signage subject to /fexibdity criteria, which ensure that signage will not have an adverse impact on the aesthetics, cannxunity character and quality of life of the City of Clearwater. A. PROJECT LOCATION: PROJECTADDRESS(ES): 454 Mandalay Avenue Clearwater, FL PARCEL NIMABER(S): 08- 29 -15- 16398 - 0000280 -16398 B. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: APPLICANT NAME: Union Burger APPLICANT EMAIL:-Greg. Davis @Thomassign . com MAILINGADDRESS:4590 118th Ave. North PHONE NUMBER: 727-573-7757 CITY: Clearwater STATE: FL ZIP:33762 FAX NUMBER: 727-572-0328 PROPERTYOWNER(S): Devcor NY Developments Inc 454 Mandalay AvenueclClearwater, FL 33767 OWNER(S) EMAIL: George@obsidiangroupinc.com AGENT NAME: (Contact Person) Greg Davis AGENT EMAIL: Greg. Davis @Thomassign. com MAILINGADDRESS: 4590 118th Ave. North CITY: Clearwater STATE: FL Zip: 33762 PHONE NUMBER: 727-573-7757 FAX NUMBER: 727-572-0328 Check if AGENT is Contractor ® Sign Contractor Name: Thomas Sign & Awning QQe License Number: ES0000083 454 MAN DALAY AVE CSP2012 -05012 Page 1 of 6— Comprehensive Sign Program AF 2 ATTACHED SIGNS UNION BURGER /4 ATTACHED UNION BURGER /COFFEE CULTURE Zoning: Tourist Atlas #: 267A C. PROOF OF OWNERSHIP AND SURVEY: (Code Section 4- 202.A.5) 21 SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY 0 PROVIDE A SIGNED AND SEALED SURVEY OF THE PROPERTY D. SIGN PLAN AND ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Code Sections 4 -1008 and 4- 202.A.23) ❑ SIGN PLANS with the following information (not to exceed 24" x 36 "): X All dimensions; X Size of site (in acreage and in square feet); X Bar scale and date prepared; X To -scale drawings in color, of all proposed signage (attached, freestanding, and directional signs), which include the following: i. dimensions, with dimensional arrows; ii, sign area in square feet; iii. height and width of sign and sign structure, measured in feet; iv. labels of all colors; V. surface area of the sign proposed; vi. text copy including the message of the sign; vii. N/A changeable copy, if proposed; and viii. describe any illumination including the type, placement, intensity, hours of illumination and system to automatically turn off lighting when the business is closed, and sign area to be illuminated. X Color building elevations, to scale, for all facades of any building with proposed and existing attached signage; Master sign plan for shopping centers and office parks, to include all signs; X Site data table, to include how all proposed signs (existing and new, name each one with a title) meet code requirements, with a calculation worksheet; and X Number, type, location and surface area of all existing signs on the same property and or building on which the sign is to be located. E. SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4 -1008 & Section 4 -202) ❑ SITE PLAN with the following information (not to exceed 24" x 36 "): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Footprint and size of all buildings and structures; All required five -foot setbacks as measured from property line; All existing and proposed points of access; All required sight triangles; Location of all public and private easements and street rights -of -way within and adjacent to the site; Location of all existing and proposed sidewalks; Lot frontage on all rights -of -way; Location with labels of all freestanding (including directional) signs proposed and existing (indicate whether to be removed); Location with labels of all attached signs, proposed and existing (indicate whether to be removed); Show all property lines; Identification of water courses, wetlands, tree masses and specimen trees, including description and location of under story, ground cover vegetation and wildlife habitats or other environmental unique areas; Sight visibility triangles shown and labeled; Location of all proposed landscape material including size and species; Land areas expressed in square feet and acres; and Location of the sign in relation to property lines, public rights -of -way, easements, buildings and other signs on the property. Page 2 of 6 — Comprehensive Sign Program Application — City of Clearwater F. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 1807.C) Signage proposed as part of a Comprehensive Sign Program may deviate from the minimum sign standards in terms of numbers of signs per business and /or parcel of land, maximum area of sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria outlined below. As part of the program, all sign types shall be reviewed for the business and /or the development parcel to achieve compliance in so far as possible with these current regulations. A master sign program for shopping centers, including all out parcels, and office complexes shall include all types of signs for all tenantsluses within the development parcel. These will be reviewed as a Comprehensive Sign Program application. All existing and proposed signs must be architecturally integrated into the design of the building and /or site using similar and coordinated design and style features, materials and colors, etc. Attached signs shall be horizontally and vertically proportionately located on each faVade with no protrusions above rooflines, over windows, trim, cornices or other building features. ❑ Provide complete responses to the COMPREHENSIVE SIGN PROGRAM CRITERIA including how the criteria are met: 1. Architectural Theme. How is the design, character, location and /or materials of all signs proposed in the comprehensive sign program demonstrably more attractive than signs otherwise permitted on the parcel proposed for development under the minimum signs standards? Additionally, demonstrate how the proposed signage improves the community character. Further, explain how all signs are architecturally integrated into /with the design of the building and /or site using similar and coordinated design features, materials and colors, etc. P1 PaG -,Pp a a -hm n 2. Height. Describe how the height of all freestanding signs proposed through the Comprehensive Sign Program relate to the design of the sign and not exceed 14 feet in height? No ground signs are required 3. Total Area of Sign Faces. Height, Area, Number and Location of Signs. The height, area, number and location of signs permitted through the Comprehensive Sign Program shall be determined based on the criteria below. Overall size of site: 4469 SQ. FT. / 1175.4 SQ. FT. Elevation Surface What is the distance in linear feet, from the building setback line to the sign location? 0' What is the frontage in linear feet? 8 0 ' What is the proposed use? Restaurant and Coffee Shop What is the size of the buildings (in square feet) on site? 3 813 How do pedestrians and motor vehicles access the site? Street Parking Describe pedestrian and motor vehicular site and roadway visibilitByuilding sets on Mandalay w/ clear view Describe the intended traffic circulation pattern: N/A What is the hierarchy of signage? Primary building signage only -No ground signs 4. Elimination of Unattractive Signage. How does the signage proposed result in the elimination of existing unattractive signage or result in an improvement to the appearance of the parcel proposed for development in comparison to signs otherwise permitted under the minimum sign standards? Please see attachment. Page 3 of 6 - Comprehensive Sign Program Application - City of Clearwater 5. Special Area or Scenic Corridor Plan. If the signage proposed is located in the Downtown (D) or Tourist (T) district explain how the proposed signage is consistent with the appropriate adopted design guidelines. Please see attachment. Questions on the application? For any questions please call the City of Clearwater Planning Department at 562 -4567. Page 4 of 6 — Comprehensive Sign Program Application — City of Clearwater Comprehensive Sign Program Proposed Sign Summary Provide all information please Address Sign Type Height (ft)* Length Width Area or unit # * if freestanding (ft) (ft) (sq.ft) 454 Mandalay Ave. Union Burger Wall Logo N/A 5' 5' -1" 25.41 Wall Letters N/A 12' -1111 10lr 10.32 Coffee Culture Blade N/A 3' -6" 3' -6" 9.62 Wall Letters N/A 13' -6" 20" 17.9 Wall :Logo N/A 2' 3.14 1 Logo N/A 2' 2 4 TOTAL = 69.53sf 1175.4 x 6% = 70.52sf Proposed 69.53sf = 5.9% of 1,175.4sf elevation Page 5 of 6 — Comprehensive Sign Program Application — City of Clearwater 1. The signage has been designed for the architectural look of the building facade. The signs are internally illuminated for the "Union Burger" elevation and for the "Coffee Culture" we are using non - illuminated letters with top hat down lighting. This look allows for a modern yet tasteful redesign to this old building thus improving the local image. 4. The client is completely modernizing what is an old store front to a new upbeat modern elevation. The new elevation has character and implies a friendly place to eat for both the tourist industry and for the local residents. The architect has achieved both an updated image as well as a home town feel. 5 The signage has been designed to be simple and clean, while conveying what the restaurants offer with an attractive, fresh setting. This renovation will help all of the adjoining businesses and we hope will inspire others to upgrade the neighboring business store fronts. We believe this is the intent for the code. s O CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT _ a R` =_ PLANNING DEPARTMENT 99yATEA� MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2n" FLOOR PHONE (727) 562 -4567 FAX (727) 562 -4865 (Name of all property owners) 1. That (I am /we are) the owner(s) and record title holder(s) of the following described property: rz (Address or General Location) 2. That this property constitutes the property for which a request for a: Cover rekhn Ipe Silly, Ff"t-apyl (Nature of request) 3. That the undersigned (has /have) appointed and (does /do) appoint 0 P as (his /their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (1 /we), the undersigned authority, hereby certify that the fogagging is true and correct. SUSANh' i Notary PuK _lorida Property dwR6r Commis': 439 My comm. e': )3, 2012 Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this % 'kh day of ) / personally appeared ec-) ocle 1<6krc. rr 10t,,Lnt Z y who having been first duly sworn depose and says that he /she fully understands the co tents of the affidavit that he /she signed. SUSANN FANELLI `�� [Notary Public, State of Florida ommission# DD835 339 Notary Public My Commission Expires: mm. expires Nov. 03, 2012 SAPlanning Department p licaUon�ovelopment Review\2008 Forms \Comprehensive Sign Program Application 2008 draftfinal.doc Page 6 of 6 — Comprehensive Sign Program Application — City of Clearwater As of June 19, 2009, in accordance with City Ordinance #8025 -09 sec.32.288, all hauling of construction and demoliton debris using open top roll -off containers will need to be coordinated through the City of Clearwater Solid Waste department. For more information, please call 727 - 562 -4920. THIS IS NOT A PERMIT. To view plan review status and inspection results, please visit us online at http: / /epermit.myclearwater.com This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Receipt PavmentProcessin CITY OF CLEARWATER PLANNIN( &Xil vt ti)Plu Nt llIP.4R rA1I.N1 Po,�'i CSI f Ic r 7 Box 1 i8, C 1 I vzv m t a, P .OItma 3 3758 t i8 ff ivtGNWIPAL11 ?IAI([sB1.- I (DING. 100 SOUTH .MYRTLE A\ ENL E, CLEARWIILR, FLORIDA 13,0 2 ) 562- +567 F.\\ C727>,02- -I576 RECEIPT #: 428414 DATE : 5/24/2012 Line Items: Case No. Tran Code Description Revenue Account No. Amount Paid CSP2012 -05012 CSP Comprehensive Sign Program 001000000341262000 $400.00 Line Item Total: $400.00 Date Method Payor Cashier Check No. Amount Paid 5/24/2012 Check THOMAS SIGN & AWNING JPEEKE 10648 $400.00 COMPANY Payment Total: $400.00 As of June 19, 2009, in accordance with City Ordinance #8025 -09 sec.32.288, all hauling of construction and demoliton debris using open top roll -off containers will need to be coordinated through the City of Clearwater Solid Waste department. For more information, please call 727 - 562 -4920. THIS IS NOT A PERMIT. To view plan review status and inspection results, please visit us online at http: / /epermit.myclearwater.com This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Receipt PavmentProcessin ATTORNEYS' TITLE FUND SERVICES, LLC James D. Lampathakis 1299 Main Street, Suite E Dunedin, Florida 34698 Dear James: Tampa Bay Branch 9014 Brittany Way Tampa, FL 33619 (813) 740 -1900 Fax: (866) 328 -1884 Date: March 16, 2012 Fund File Number: 04 -2012 -936 County: Pinellas Reference: TI -11 -30 We have examined title to the property described in Schedule A attached and prepared these schedules to be used exclusively for the purpose of issuing a commitment or policy of title insurance underwritten by Old Republic National Title Insurance Company. Please review the schedules before signing and inserting in a Commitment cover. As an Agent you must: A. Add additional requirements and/or exceptions to Schedule B that you find necessary from your analysis of the present transactions. B. Evaluate Schedule A and B and issue endorsements as may be appropriate, deleting or modifying the Schedules. Our examination of title reflects only those matters recorded in the Official Records Books. You are responsible for such other off - record examinations and checks as you may find necessary pursuant to underwriting procedures. In addition, you are responsible for checking for any unrecorded special assessment liens or unrecorded liens arising by virtue of ordinances, unrecorded agreements ras to impact or other development fees, unpaid waste fees payable to the county or municipality, or unpaid service charges under Ch. 159, F. S., or county ordinance., if applicable. Wizen the interest you are insuring is a personal property interest (such as a mortgage, a leasehold or cooperative interest), a federal tax lien search of the Secretary of State's records may be required. See Fund Title Note 30.02.08. In the event you are required to issue a 11fortgagee Commitment, Schedule B -II of the Owner's Commitment will provide information from a 20 year judgment and lien search on the proposed insured. The Fund appreciates this opportunity to be of service. Please contact us if you have any questions. Sincerely, Attorneys' Title Fund Services, LLC Mario Renderos 1- 800 - 282 -3830, ext, 5512 'Title Examiner 0 L 1) R PU.BLIC NATIONAL TITLE INSURANCE COMPANY COlI AffTWNT Schedule A Fund File Number: 04 -2012 -936 Effective Date: Agent's File Reference: Premium: March 12, 2012 @ 11:00 PM TI -11 -30 1. Policy or Policies to be issued: OWNER'S: Proposed Amount of Insurance: MORTGAGEE: ALTA Loan Policy (06/17/06). (With Florida Modifications) $750,000.00 Proposed Insured: USA AmeriBank, its successors and /or assigns as their interests may appear MORTGAGEE: 2. The estate or interest in the Land described or referred to in this Commitment is Fee Simple. 3. Title to the Fee Simple estate or interest in the Land is at the Effective Date vested in: Devcor N.Y. Developments, Inc., a New York Corporation 4. The Land referred to in this Commitment is described as follows: Lots 78 and 79, Clearwater Beach Park on Clearwater Beach Island, according to the map or plat thereof as recorded in Plat Book 10, Page 42, Public Records of Pinellas County, Florida. Issuing Agent: James D. Lampathakis 1299 Main Street, Suite E Dunedin, Florida 34698 Form CF6 -SCH: A (rev. 12/10) (With Florida Modifications) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South, Minneapolis, MN 55401, (612) 371 -1111 Agent No.: 24438 Page 1 of 3 Agent's Signature OLIN REPUBLIC NATIONAL TITLE INSUR,4NCE COMPANY COMMITAIENT Schedule B -1 Fund File Number: Agent's File Reference; 04- 2012 -936 TI -11 -30 1. The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Mortgage from Devcor N.Y. Developments, Inc., a New York Corporation to the proposed insured mortgagee(s). 3. Satisfaction of the mortgage from Beach Bar Investment, LLC to Clearwater Beach Capital Partners, LLC dated September 29, 2011, and recorded in O.R. Book 17385, Page 1566, Public Records of Pinellas County, Florida. 4. Record release or reassignment of the assignment of Rents, Leases, Profits, and Contracts recorded October 19, 2011, in O.R. Book 17385, Page 1586, Public Records of Pinellas County, Florida. 5. Record termination (or release as to the subject property) of the Financing Statement recorded October 19, 2011, in O.R. Book 17385, Page 1593, Public Records of Pinellas County, Florida. 6. That certain Notice of Commencement recorded in O.R. Book 17456, Page 527, Public Records of Pinellas County, Florida, set forth in schedule B II, number 4 of this commitment may be deleted from the owner or mortgagee policy based on an affidavit of a reliable person stating that 90 days have actually elapsed since the final furnishing of labor, services or materials to the property described in this commitment. 7. Satisfactory evidence must be furnished establishing that Devcor N.Y. Developments, Inc is duly organized, validly existing, and in good standing under the laws of New York (at date of acquisition of the interest or lien on the insured property and at the present time, or at date of purchase and at date of sale). If there is no governmental agency in charge of business entity records from which a certificate of good standing can be obtained, then an attorney or notary public in the state or country of origin, who has examined the appropriate business entity records, can provide the certificate. 8. A search commencing with the effective date of this commitment must be performed at or shortly prior to the closing of this transaction. If this search reveals a title defect or other objectionable matters, an endorsement will be issued requiring that this defect or objection be cleared on or before closing. Form CF6- 5CH. -B4 (rev. 12110) Page 2 of 3 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMMTW,,NT Schedule B -II Fund File Number: Agent's File Reference: 04- 2012 -936 TI -1 1-30 II. Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Effective Date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or Mortgage thereon covered by this Commitment. 2. a. General or special taxes and assessments required to be paid in the year 2012, and subsequent years. b. Rights or claims of parties in possession not recorded in the Public Records. c. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. d. Easements, or claims of easements, not recorded in the Public Records. e. Any lien, or right to a lien, for services, labor, or material furnished, imposed by law and not recorded in the Public Records. 3. Any Owner Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 4. All matters contained on the Plat of Clearwater Beach Park on Clearwater Beach Island, as recorded in Plat Book 10, Page 42, Public Records of Pinellas County, Florida. 5. Terms and Conditions of Agreement recorded in O.R. Book 10820, Page 1294, Public Records of Pinellas County, Florida. 6. Terms and Conditions of Lease Memorandum recorded in O.R. Book 16618, Page 2696 and re- recorded in O.R. Book 16620, Page 887, Public Records of Pinellas County, Florida. 7. Rights of the lessees under unrecorded leases. 8. Rights of the United States of America and/or the State of Florida to any portion of said land which has been created by artificial means or has accreted to any such portion as so created. 9. Those portions of the property herein described being artificially filled in land in what was formerly navigable waters, are subject to the right of the United States Government arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. Form CF&SCH. -B -11 (rev. ]2/10) Page 3 of 3 w r * w Attorneys' 'r itle Fnnd Services. LLC * w 6345 C ft7wate r-e ure Blvd - Od-do. noddy 32922 w OLD REPUBLIC YAIIdN_�[.IIIIf INSSIA,t`r(Y t01R:V1:' Toll Free Phone: 1.ti0 299 59594, aR 73H5 r 7011 Free Fla: 1.600 929 3 554 CLOSING PROTECTION LETTER 2012.1014333 March 20, 2012 USAmeriBank its successors and/or assigns, as their interest may appear Attn: Loan Closing Department 1125 East Bay Drive Largo, FL 33770 RE: Devcor N.Y. Developments, Inc. FUND MEMBER NUMBER: 24438 ORNTIC AGENT NUMBER: R09739 JAMES D LAMPATHAKIS PA 1299 MAIN ST STE E DUNEDIN, FL 34698 To verily this agent is in good standing, go to wuw.oldrepoblictide.mn, select Agent Verifications fiom the Products and Services dropdumi and enter in Agent Number rr*rmced above Dear Sit' or Madam: 1 S%en title insurance of Old Republic National Title Insuance Company is specified for your protection in connecticm with closings of real estate transactions in which you are to be the lessee of purchaser of an interest in land or a tends sinned by a mortgage. (roc citing any other security instrument) of an interest in land, Old Republic National Title insurance Company, subject to the Conditions and Exclusions set forth below, hereby agrees to reimburse you for actual Ioss incurred by you in connection with such closings when conducted by said Issuing Agent or Approved Attorney when such loss arises am of I . Failure of said Issuing Agent or Approved Af Orney to comply with your written dosing instructions to the extent that they relate to (a) the status of the tide to said interest in land or the validity, endorceability and priority of the lien of said mortgage on said interest in Land, including the obtaining of documents and the disbursement of funds necessary to establish such status of title or hen, of (b) the obWuing of any other document, specifically required by you, but not to the e t that said instructions require a determination of the validity, enforceability or edfxetiverim of such other document, or (c) the collection and payment of funds due you, of 2. Fraud of dishonesty of said Issuing Agent or Approved Attorney in handling your fiends or do v mmts in comwctfon with such cbstW. If you are a lender protected under the foregoing paragraph, yn ur stuarsrors and assigns and your burrower in connection with a loan seemed by a mortgage on a one- to-fb>II family dwelling shall be protected as if thus letter were addressed to them Conditions and Exclusions 1. Old Republic National Title Iastuauce, Company, will not be liable to you for loss arising cute a- Faihme of said issuing Agent ar Apprm ed Attorney to comply with voce closing instructions which require title iosmance protection mconsisted with that set forth in the title insurance tinder or oommimxm issued by Old Republic National Title Insurance Company, inshuutions which requite the tetnotal of specific exceptions to title or compliance with the requirements contained in said biala of comnatmtnt sltall not be deemed to be inconsistent This paragraph 0211 not be applicable when such blinder of commit,— has not been required by the lends prior to dosing. b. Loss or impairment of your funds in the course ofeollection or while on deposit with a bank - due to bank Wine. en or suspension, except such as shall result from failure of said Issuing Agent or Approved Attorney to cornply with your written closing instructions to deposit the funds in a bank which you designated by name. e Mechanics and maknalmees urns in connection with your purchase or lease or construction loan transactions, except to the extent that protection against snob liens is afforded by a title instance binder, commitment or policy of Old Republic National Title Insurance Company. d The periodic disbursement of construction loan proceeds or funds furnLshed by the owner to pay for construction costs diming the construction of imptoveneents on the land to be insned. unless an officer of the company has specifically accepted the responsibility to you for such disbursement program in writing. 2. When Old Republic National Thule insurance Company shall have reimbursed you parsuant to this ldtes, it shall be subregated to all rights and remedies which you would have had against any person or properly had you not been so rekdmrsed liability of Old Republic National Title Insurance Company for such reimbursement shall be reduced to the e>etent that you have knowingly and voluntarily impaired Ore value of such right of sabrogatioa 3. Any liability of Old Republic National Title Insurance Company for loss incited by you in connection with closings of real estate transactions by .aid Issuing Agent or Approved Attorney shalt be limited to the protection provided by lIds letter. However, this letter shall not of kd the protection of aided by a title insurance binder, commitment or policy of Old Republic National Title Insurance Company . The doll ar amount of liability hereby incurred shag not be greater than the amount of the title insurance binder, cornmitaet or policy of title insurance to be issued, surd liability heseamde as to airy particular loan transaction shall be coextensive with liability under the policy issued to you in connection with such transaction- Payment in accordance with the terms of this letter shall red= by the same aurhmurd the liability under soli policy and payment ender such policy shall mduco by the sane amount the Company's liabMly under the terms of this letter. 4. Claims shall be made promptly to Ohl Republic National Tulle insurance Company at its principal office at 400 Second Avenue South, IvLnneapolis, Minnesota 55401 -2499. When the failure to give prompt notice shall prejudice Old Republic National Title Insurance Company, lbm liatutity, of Old Republic National Tick Insurance Company hetermder shall be reduced to the extent of such pr4ndioe Old Republic National Titre Insurance Company shall not be liable hereunder unless notice of claim in writing is received by Old Republic National Tide Insurance Company within ninety (90) days from the date of discovery of such loss. 5. Nolbing contained hone n shall be construed as aurthoriung compliance by any issuing agent or approved attorney with any such closing instructions, compliance with which would constitute a violation of any applicable law, rule or regulation relating to the activity of title insurers, their issuing agents or approved attorneys, and their bihme to complywith any such closing instructions shall not create any liability under the terms of this letter. 6. The protection herein offered will be effective until cancelled by written notice gam Old Republic National Title Insurance Company- Any previous Insured (losing SenLce Letter or similar alpeemrtd is hereby cancelled, except as to closings of your real state bansactions regarding which you have previously semi (or within 30 days hereafter said) written closing instructions to said Issuinng Agent or Approved Attorney. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY gY W. Theodore Conner Assistant Vice President Mar 09 2012 11:45RM JAMES D I_RMPRTHRKIS PR 727 736 1999 C VffG National Title Inausance l ompany i MWi11FRlrii�Frri ;in�4a16mupcmT[�Y ALTA OWNER'S POLICY (6- 17 -00) OF TITLE INSURANCE WITH FLORIDA MODIFICATIONS Issued by: WFG NATIONAL TITLE INSURANCE COMPANY Polly C 3155412- 00522303 File #:11 -30 p.2 Any notice of claim and arty other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in,Section'18 Of the Conditions, COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVtRAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 0, AND THE CONDITIONS, VVFG NATIONAL TITLE INSURANCE COMPANY, a South Carolina corporation (the °Cornparry) Insures, as of Data of Policy, against loss or damage, notexreeding the Amount of Insurance,sustalned or incurred bythe insured by rea son of. 1, Title being vestod other than as stated In Schedule a 2. Any defect in or lien orencumbiance on the Title: This Covered Risk includes butts notlimtted to insurance against loss from (a) AdefectIn the Title caused by (1) rorgery, fraud, undue lnffuawr i duress,`inaxnpetency, i:, ^alparity, or Im;,Yetscmaftn; (ii) failure of anyperson or Entltyto: have authorized a trans ferorconveyance; (lil) a document affecting Title not properly created, esecuted, witnessed, sealed, acknowledged, notarized, or delivered; (iv) Fallure to perform those acts necessaryto create a do rum entbyeiectronic.means authoriaadbylaw; (v) a docurnentexecuted under a falsified, eVired, or othervvfse invalid power ofattorney; (vi) a dooinent not property filed, recorded, or Indexed in.the Public Records including failure to perform those acts by' electronic means authorized bylaw; or' (vil) a defeotive judicial or administratf.ve prot.eedli g. (b) The lien of real estate taxes or assessrnents:imposed on the Title by a governmental authoritydue or payable, but unpaid_ {c) Any encroachrrient, encumbrance, violation; variation, or adverse circumstance affecting the Tite that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adJdining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordlna'nco, permit, or governmental regulation (including those relating to building and inning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use orenjoyrrient of the Lard;. (b) the character, dimenslons, or location of anylimprovementerected on the Land; (c) the subdivision of land; or (d) environmental protection . if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or fntentlon to a nforoo, but onlyto the extent of the violation or enforcement referred to in that notice. 6. . An enforcement action based on the exercise o! a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice_ i COVERED RISKS Continued on next page i IN WITNESS WHEREOF, VVFG NATIONAL T1TLE INS URANCE COMPANY hay.:, caused This policy to be signed and sealed as of the Date of Policy shown in Schedule N Issued 0y: WFG NATIONAL TITLE INSURANCE COMPANY 13Y; ° (t-1974 o it, t ATTFSI: v `$ h40 Signabory Secretary At-11A 6-17 -06 Owner's Policy (with Fiorida modtflcatldns) VVFG National Form No. 3155412 Mar 09 2012 11:45RM JAMES D LRMPRTHRI(IS PR 727 736 1999 P.3 7. The exercise of the rights of eminent.domain If 2t notice of the e)Gercise, describing any part of the Land, is recorded In the Public Records . B. Anytaking.bya governmental body that has occ�rred and is binding on the rights of a purchaser for value with Knowledge. 9. Title being vested other than as stated in Schedule Aor being dafectivl? (a) as a result of the avoidance in whole or In part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occuming.pnor to the transaction vesting Title as shown In Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights taws; or (b) because the instrument of•transfer vesting; Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' right laws byreason of the failure ofits recording In the Public Records (i) to.be tlmely, or (11) to impart notice of Its existence to a pure ,aser for value or to a judgment or lien creditor, 10, Any defect In or lien or encumbrance on the T102 or other matter included In Covered Risks 1 through 9 that has been created or attached or has been filed or recorded In the Public Records subsequent to Date of Policyand prior to the recording of the deed or other instrument of transfer in the Public Records that'vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but onlytothe extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly exnluded.frorn the _coverage (b) not Known to the Company, not recorded in the Public of this policy, and the Company will not pay fossiof damage, Re -cords at Date of Policy, but Known to the Insured costs, attomeys' fees, or expenses that arise by reason of Claimant and not disdcsed in writing to the Company by 1. (a) Any law, ordinance, permit, or governmental regulation the Insured Claimant prior to the date the Insured (including those relating to building and zoning) resirlcting, Claimant became an Insured under this policy; regulati ng, prohibiting, or relating to (c) resulting in•no kiss or damage to the insured Claimant; (i) the occupancy, use, orenjoyment of the'r Land; (d) attaching or created subsequentto Date of Policy, or (ii) the charecisr, dimensions, .or .locuMon of any (e) resulting.n loss or damage that would not have been improve menterected on the Land; sustained if the insured Clamant had paid value for the (iii) the subdivision of land; or Title. (iv) envtronmentat protection; or. the effect of any 4. Any claim, by reason of the operation of federal bankruptcy, violation of these laws, ordinances, or governmental state insolvency, or similar creditors' rights laws, 'that the regulations, This Exclusion 1(a) does notmodify, or transaction vesting the Title as shown in Schedule A is limit the cover -age provided under Covered Risk 5. (a) a fr•audulsntconveyance or fraudulent transfer; or (b) Any governmental poll power.. This Exclusion 1(b) (b) a preferential transfer for any .reason not stated in does not modify or limit the coverage provided under Covered Risk 9ofthis poicy. Covered Risk 6.. 5. Any.lien on the Title for real estate taxes or assessments 2. Rights of eminent domain. This Exclusiondoes notmodifyor imposed by governmental authority and created or.atfaching lim if t he coverage provided under Covered Risk ? or B. between Date of Policy and the date of recording of the deed 3. Defects, liens, encumbrances, adverse claims, or other or other instrument of transfer in the Public Records that matters vests Title as shown in Schedule A. (a) created, suffered, assumed, or-agreed to by the Insured Claimant: CONDITIONS 1, DE FIN ITI ON OF TERMS The following termswhen used in this poflcymeaw (a) 'Amount of Insurance ": The amount stated fn Sthaduie A, as maybe Increase.d'ordecreased by endorsement to this policy, increased by.Secton 6(b), or decreased by Sections 10 and 11 of these Conditons. (b) "Date, of Policy': The dale designated as "Date of i OACY In Schedule A (c) "Entry': A corporation, partnership, tnz t, irryited liability company, or other s'imUr legal entity. (d) "Insured ": The Insured named In Schedule A (I) The term "insured" also Includes (A) successors to the -title of file Insured byiooeradon.of law as distinguished from purchase, Includtng heirs, devisees; survivors, pansonal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, co"611clation, disVbution, orreorganizat�n; . i AL.TA 6.17 -D6 Owner's Policy (w 181 Florida modifications) WFG National Form No. 3155412 , (C) successors to an insured by i5 conversion to another kind of Entity, (D) a g rantRe of an lnsurecl under a deed delivered without payment of actual valuable oorisiderafion conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) 1f the grantee wholly owns the named Insured, (3) if the grantee Is wholly -owned by an afilia5d Entity of the named insured, provided the affiliated Entity and the named insured are both wholly- owned bythe same person or Entity, or (4) if the graniee is a trusiee or beneiciaryof a trust created by a written Instrument established by the insured named in Schedule A for estate planning purposes. (fl) Wth regard fo (A), (B), (C), and (D) reserving, however, all rights :arid defenses as to enysuccessor that i es Company would have had against any predecessor Insured. Mar 09 2012 11:45HM JHMES D LHMPHTHni(IS PH 727 '136 1999 P•4 i CONDITIONS - CONTINUED (e) "Insured. Claim ant ": An Insured claiming loss or damage. extent possible, the basis of.ealculating the amount of the loss or (f) "Knowledge" or "Known ": Actual knok. ledge, not damage. constructive knowledge or notice that maybe imputed to an 5. DEFENSE AND pROSECuTIONOF ACTIONS Insured by reason of the Public Records or any other records that Im part constructive notice of matters affecting the Title. "Land ": described in Schedule Aiand affixed (a) Upon written request by the Insured, and subject to the the (g) The land Improve -menu that bylaw constitute real property. The term "Land" does include any property beyond t4 ones of the options' .contained in Section 7 of these Conditions, Company, at Its own cost and Aithout unreasonable delay, litigation in not area described in Schedule A, nor any right, title, interest, shall provide for the defense of an Insured in third asserts a claim covered by this policy estate, or easement in abutting streets, roads, avenues, lanes, orwater' ays, but this does Ziotmodifyor filch any party adverse to the Insured. This obligation is limited to only insured alleys, ways, limit the extent that a right of ads to and from the Land 's those stated causes of action alleging matters against by this policy. The Company shall have the right to Insured bytinis policy, (h) ^Mortgage -: Mortgage, deed of trust, trust deed, or other . seiectcounsel of its choice (subject to the rightofthe insured reasonable cause) torepresentthe Insured as to seal -Hty instrument including one evidenced by electronic i to objectfor those stated causes of action. it shall not be liable for and means authorized bylaw. (1) "Public Records ": Records established understate statutes will not pay the fees of any other counsel. The Company will fees, or expenses Incurred by the Insured at Date of Pollcy for the purpose of imparting constructive not pay any costs, In the defense of those causes of action that allege matters notice of matters relating to' real property to purchasers for value and without Knowledge. With respect to Covered Risk notinsured againstbythls policy. have the right, in addition to the options 5(d), "Public .Records" shall also Includa ehvironnental liens filed In the records of the cierit of the United (b) The Cornpanyshall contained in Section 7 of these Conditions, at its own Cost to to do any protection States District Court for the districtwhere the Land Is located. institute and prosecute any action or proceeding or ad that In its opinion may be necessary or desirable to (j) "Title ": The estate or interest described H Schedule A "Unmarketable We ": Title, affected by an alleged or apparent other establish the Title, as Insured, or to prevent or reduce loss or (k) matter ihatwould perrnite prospective purchaser or lessee of damage to the Insured. The Company may take any action under the terms of this policy, whether or the Title or lender on the Title to be releasbd from the obligation to purchase, lease, or lend if there is a contractual appropriate not it shall be liable to the Insured. The exercise of these shall not be an admission of liability or waiver of any condition requiring the delivery of marketable title. rights rovlsion of this policy if the Company exercises its rights 2. CONTINUATION OF INSURANCE The coverage of this policy shall ao'hfinue in force as of Date of Policy in favor of an Ihsured, but only so long as` the Insured retains an estate or interest In the Land, or holds an obligation secured by a purchase money Mortgage given. by 'a purchaser from the Insured, OF onlyso long as the Insured shall:have liability by reason of war- ranties. in any transfer or conveyanoe, of the Title. This policy shall not continue in force In favor of any purchaser from the Insured of either (t) an estate or interest in the Land, or (II) an.obiigation secured by a purchase M.06 ey Mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN DYiNSURED CLAIMANT The insured shall notify the Company promptly In writing (I) in case of any litigation as set forth In Section 5(a) of these Condi- tions, (1) in case Knowledge shall come to. an Insured hereunder. of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may cable. by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable T1Be. If the Company is prejudiced by the Failure 'of the Insured. Claimant to provide prompt notice, the Companys Ilablkty to the Insured Claimant under the policy shall be reduced to the e)dent of the prejudice. 4. PROOF OF LOSS In the event the Company.is unable to detemhine the amount of loss or damage, the Company may, at its option, inquire as a condition of payment that the insured Claimant furnlsh a signed proof of loss. The proof of loss must describe. the ',defect, lien, encurnbrmnoe, or other matter insured against by this policy that constitutes the basis of loss. or damage and shall g181M, to the ALTA 8 -17 -00 Owner's Policy (w tlh Rorkia modiflcatbns) i WFG National Form No. 3155412 v under this s ubsec -tion, It m ust do so diligently. (c) Whenever the Company brings an action or asserts a defense as required orpermitted bythis policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole dis- cretion, to appeal any adverse judgmentororder, 6. DUTY OF INS URED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to.so prosecute or provide defense.in the action or pro- ceeding, Including the right to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtal ning witnesses, prosecuting or defending the action or proceeding, or effecting settlement. and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as Insured.. If the Company Is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, Including any liablllty or obligation to defend, prosecute, or continue any litigation, with regard b the matter ormatters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized represerta -five of the Company and to produce for examination, Inspection, and copying, at such reasonable times and places as may be designated by the authorised representative of the Company, all records, In whatever medlum maintained, Including boorm, ledgers, checks, memoranda, correspondence, reports, e- mails, disks, tapes, Mar 09 2012 11:46AM JHMES D LHMPRTHRI <1S PH 727 736 1999 and. videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss ¢r damage. Further, if requested by any authorized representative of the Company, the insured Claim ant shall grant its permission, in writing, for any authorized representative of the bompanyto examine, inspect, end"copy all of these reobrds in the custody or control of a third party that.masonably pertain to the toss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to .this Section shag not be Disclosed to others unless; in the reasona'nle judgment of the Company, it is necessary in the argminlstration•of the claim. �ailure of the insured Claimant to submit for examination iunder oath, produoa any reasonably requested inforrnotib�t or grant permission to secure reasonably necessary NMIation from hird parties as requited in this subsection, unless prohibited by law or governmental regulation, shag terminate any liability of the Cam pany under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATiON OF LIABILITY Incase of a claim under this policy, the Company stiall have the following additional options' (a) To Pay or Tender Payment ofthe Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, anti expenses in- curred by the Insured Claimant that were authorized by the Cotn -pany up. to the bme of payment or tender of payment and thatthe Companyis obligated to pay. Upon the exercise by the Company of this option, all,. liability and obligatlons ofthe.Company to the Insured under this policy, other than to make the payment required In this subsectbn, shall termi -late, including any liability or obligation to defend, prosecute; or continue any litigation. (b) To Pay or Olherwlse Settle With Parties 01h4r Than the Insured or With the insured Claimant. (i) To pay or otherwise settle with other partles;for or in the name of an insured Ciaimantany claim insured against under this policy. In addition, the Company�.,vlll pay any costs, attorneys' fees, and expenses incu;n•ed by the Insured Claimant that were authorzed by."" .Company up to the time of payment and that the tcmpany Is obligated to pay, or (II) To pay or otherwise settle with the insured claimant the loss or damage provided for under this pol(cy, together with any costs, attorneys' fees, and expenses incurred by the insured Claimant that were authorized by the Company up to the time of payment and that the Companyls obligated to pay. Upon. the exerclsa by the Company of_ either of the options provided for in subsections (b)(i) or (ii), the Gornpany obligations to the Insured under this policy for the claimed loss or damagra, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or conbnue. any litigation. 8. DETERMINATION AND ExT'ENT OF LIABILITY This policy Is a contract'of indemnity agalnst actual mbnetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters ins�ired against by this policy. (a) The extent of liability of the Company fnr loss;or damage under this policy shalt not exceed the lesser of (1) the Amount of Insurance; or , ALTA 5 -17 -06 Owner's Policy (w Ith Florida rnodiffoations) WFG National Form No. 3155412 P.5 (ii) the, difference between the value of the Title as insured and the value of the Title subject to the risk Insured against by this policy_ (b) If the Company pursuAs its r'rghs under Section 5 of these Conditions and is unsuccessful in estabilshing the Title, as Insured, (i) the Amount of Insurance shalt be increased by 10%, and (II) the Insured Cialmantshall have the right to have the loss or damage determined either as of the data the claim was made by the Insured Claimant or as of the date It is settled and paid. (c) in addition to the extent of liability under (a} and (b), the Cpm -pany will also pay those costs., attorry-ays' fees, and expenses incurred in accordance with Sections 5 and 7 of these Condl4ons• 9. LIMITATION OF LIABILITY (a) if the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of ac -cess to or from the Land, or cares the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, Including litigation and the completion of any appeals, it shall have fully. performed its obligations with respect 1e that matter and shall not be liable for anyloss or damage caused io the Insured. (b) in the event of any litigation, including litigation by the- Com -pany or with the Cbmpanys consent, the Company shall have no liability for loss ordam age until there has been a final determination by a court of compebant Jurisdiction, and. disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the In -sured for liability voluntarily assumed by the Insured in settling any clam or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY Al payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance bythe amountofthe payment. 11. L.IABiLITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to whldh exception is taken in Schedule 13 or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Daie of Policy and which is a charge or fen on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS Wien liability and the extent of loss or damage haw been definitely Axed in accordance with these Conditions, the payment shall be made Wthin 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SFTTLEMENT (a) 1Nhenever the company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claim ant in the Title .and all other rights and remedies in respect to the claim that the Insured iw� ■tea r Ia1W9A t Ip ■ ■ a ® i® Claimant has against any person or property, to tine extent of the amount of any loss, costs, attorneys' fees, arjd e)qDenses id by the Company. If requested by the Company, the tills ured Claimant shall execute documents to e'videnos the transfer to the Com -pany of these rights and ren)edles. The Insured Claimant shall permit the Company to sue, ronrpromise, or settle in the nome.of the Insured Claimant and to use the name of the insured Claiinnant in any transaction or litigation Involving these rights and ,remedies. If a payment on acocunt of a claim does not fully covcir the loss of the insured Claimant, the Company shall defer the eisrclse of Its right b� recover until after the Insured Claimant shall have recovered its loss. (b) The Company`s right ofsubrogation includes thel igha of to es of to Indemnities, guaranties, other 'poli insurance, or bonds, nrAwithstanding any terms cur conditions contained in those -instruments that address (subrogation rights. 09 2012 11:51HM JAMES D LRMPRfHRKIS PR 727 736 1999 14. ARDI' RATIO N p.I deemed ut to include provisions srhall remain in full force and effect 17. CHOICE OF LAW; FORUM (a) Choice of Law: The insured acknowledges the Company has underwritten 'the. Asks covered by this policy and determined the premium charged therefor i elian amble Vn th nd e law affecting interests in real property pp the interpretation, rights, remedies, or enforcementofpoilcles offitle insurance of the Jurisdiction where the Land is IDCSted. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the insured and to interpret and enforce the terms of this policy. In- neither case shall the court or arbitrator apply Its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the insured against tiler Company must be Bled only In a state or federal court within the United States of America or its territories having appropriate jurisdiction. Unless prohibited by applicable law, arbitration pursuant to the Title insurance Arbitration Rules of the American Arbitration Association may be demanded If agreed to by both Company and the insured at the time ' of the controversy or claim. Arbitrable matters may include, but are not limited to, any oo!ntroversy or claim between Company and the insured arising out of or relating to this. policy, and service of Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rule in effect on the date the demand for arbitration is m ads or, aithe pption of the ins ured,the Rules in effectatDate of Policy shall be bindim upon the parties. The award may Include attorneys' fees only If the laws of the stale in which the land is located permit a. eoUrt to awatd attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sitt.rs of the landshall apply to an arbi #ration under the Title insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 16. LIABILITY LiMITED TO THIS POLICY; POLICY ENTIRE CA W RA CT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and o mtraet between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a Ihnots. . (b) Any claim of loss or damage that arises out ofe status of the Tide or by any action asserting such claim wther or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement. to this policy must be in writing . and authentirated by an authorized person, or ex presslyincorporstedbyScheduieAofthis pdiGy. (d) Each endorsementto this poficylssued atany.tinli 1s mado a part of this policy and is subject to all of its terms and provi-sions.. Except as the endorsement expressly states, it does not. (1) modify any of the terms and provisions of the policy, (Il) modify any priorerxiorsement, (iii) extgnd the Dab of Policy, or (iv) increase the Am ountof insurance. 16.5EVERABIUTY In the event any provision of this policy, in whole or in part, Is held invalid or unenforceable under applicable law, the policy shall be ALTA 6-17 -06 Owner's Wlicy (with Florida modifications) VFG National Form No. 3155412 18, NOTICES, W H ERE S ENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at WFG National Title Insurance Company, 340 Oswego Pointe Drive, Sulte 100, Lake Oswego, . OR 97034. 'Mar 09 2012 11:51AM JAMES D LRMPHTHRKIS PR 727 736 1999 P 2 G Nat3onal'Title Insurance Company a illis6in Ermencit�l Grovp tampcmY SCHEDULE A ALTA 6 -17 -06 OWNER'S POLICY With Florida Modifications) Name an,' Address of Title Insurance Company: WFG National Title insurance Company, 340 Oswego Pointe Drive, Suite 1110, Lake ( Jswego, OR 97034. bhone Number: (877) 840 -0841 File No.: 11 -30 Policy No.: 31554];2 - 00522303 Address Reference: 454 Mandalay Ave Clearwatkr, FL 33767 Amount of Insurance: $1,135,000.00 Date of Policy: 01/10/2012 9,1:21 PM. 1, Name of Insured: Devcor N.Y. Developments, Inc., a New ?York corporation 2, The estate or interest in the Land that is insured by this policy is: FEE SIMPLE' 3, Title Is vested in: Devcor N.Y. Developments, Inc., a New York corporation 4. The Land referred to in this policy is desctibed as Follows: Lots 78 and 79, Clearwater Beach Park on Clearwater Beach Island, according to the map or plat thereof as recorded in Plat Book 10, page 42, of the Public Records of Pinellas County, Florida. Issued By: WFG NATIONAL TITLE INSURANCE COMPANY Y: , 604.4 O R4 `6 President o1974i ATTEST; r yr .y c n &ov Se etary i ALTA 6 -17 -06 Owner's Policy (VMI .Florlda Modfflcations� ScheduleA WFG National Form No. 3155412 -A Mar 09 2012 11:51AM JAMES D LAMPATHni<is PR 727 '736 1999 WFG National Title In ---ce Company s �1'illls+nn Pioenclaf Grop cmnl+�1 SCHEDULE B ALTA 6 -17 -06 OWNER'S POLICY (With Fl orida Modifications) File No.: 11.30 Policy No.: 3:L5541?- 00522303 EXCEPTIONS FROM COVERAGE P.3 This policy does not Insure against loss or dirnage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Defects, Liens, encumbrances, adverse claims or other. matters, if any, created, first appearing in the Public Records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires ror value of record the estate or interest or mortgage thereon cbve.red by this Commitment. 2. Any rights, interests, or claims of partle's in possession of the Land not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that, would be disclosed by an accurate and complete lagd survey of the Land. The term "encroachment" itletudes encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing improvements located on adjoining land..' 4. Easements or claims of easements not shown by the Public Records. 5. Any lien, or right to a lien, for' seruices, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Gate of Policy, not shown by the Public Records. items numbered 1 5 above are hereby deleted. 6. Any dispute as to the boundaries caused by a change.in the location of any water body within or adjacent to the Land prior to Date of Policy, and any adverse claim to all or part of the Land that Is, at Date of Policy, or was previously, underwater. 7. Taxes or special assessments not shown as liens In the Public Records or in the records of the local tax collecting authority ,'at Date of Policy. 8. Any minerals or mineral rights lease, granted or retained by current or prior owners. 9. Taxes and assessments for the year 2012 and subsequent years, which are not yet due and payable. 10. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port. authority for unpaid charges for service by any water, sewer of gas system supplying the insured land. 11. A111.matters shown oil the plat of Clearwater Beach Park on Clearwater Beach Island,7ecorded in Plat book 10, page 42, as affected by Resolution No. 78- 121'regrded in Official Records Book 4761, page i 12. The nature, extent or existence of ripari" rights are not insured. i 13. Land Assembly Assistance and Reimbursement Agreement recorded. in Official Records Book 10820, page 1294. ALTA 6 -17 -06 Owner's Policy (With Flprlda Modificetlona� schedule A WFG Natlorial Form No. 3155412 -A filar C) 9 2012 1 1 : 51 RM JRMES D l- RMPRTHRK I S PR 727 73G 1999 P. 4 i aially 14. As to any portio eo land, por aay ]and eeccrQted thereto, inh what >wasformerly �na gable waters, ibis Policys s bJect to artificially expos d the right of the United States government 4ris'ng by reason of its control over navigable waters in the interest of navigation and cornmerce. 15. Tents, covenants, conditions and other mrtters contained in any unrecorded Lease(s) and all rights thereunder of thTents, Lessee(s) and of any person claiming by, through or under the Lessee(s). 16. The fact that the insured parcel shares, a common wall with the adjoi ng parcel to the North, as we Yl as the adjoining parcel to the South. P10TES yon n%( OItMATION PURPOSES 0141,y: to the Public Records of Pinellas County, Florida, unless a.) All of the recording information contained herein refers otherwise indicated. Any reference herein to a, Book and Page is a reference to the Official Record Books of said county, unless Indicated to the contrary. b.) As to all restrictions set forth above; the following is added: "but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenants(s): (a) Ware egempt under Chapter -42, Section 1607- of the United State' Code;.or (b) relates to a handicap, but does not discriminate against handicapped persons" j i ALTA.6 -17 -06 Owner's Poflcy (Wdh Florida Mcdilioations) Schedule A WFG National Form No. 3165412 -A j gENLOF fHE fin;= �Qr PLANNING & DEVELOPMENT May 31, 2012 Greg Davis Thomas Sign and Awning 4590 118`h Ave N Clearwater, FL 33762 CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4865 RE: Development Order, Comprehensive Sign Program — CSP2012- 05012- 454 Mandalay Avenue Dear Mr. Davis: The Planning and Development Department Staff reviewed your Comprehensive Sign Program application for 454 Mandalay Avenue pursuant to Community Development Code (CDC) Sections 3- 1806.13, 3- 1807.13.2 and 3- 1807.C. The proposed plan includes an increase in the area and number of attached signs as follows: I . One Attached internally - illuminated attached wall sign (shoebox style) sign 25.41 square feet in area (2.1 percent of the building facade area) on the east building facade attached directly to the building facade (no raceways). The sign will be red and will read "ub" in white letters; 2. One Attached internally - illuminated channel letter sign 10.32 square feet in area (0.87 percent of the building facade area) on the east building facade. The channel letters will be pin mounted to the top of the canopy and will read `union" in red letters and "burger" in black letters; 3. One Attached internally - illuminated channel letter sign 17.9 square feet in area (1.5 percent of the building facade area) on the east building facade attached directly to the building faced (no raceways). The sign will read "CAFE & EATERY" with "Coffee Culture" directly underneath all in orange letters; and 4. One Projecting internally- illuminated cabinet sign 9.62 square feet in area (0.81 percent of the building facade area) on the east building facade. The sign will be circular with a dark brown face and two light brown circular bands. The sign will read "COFFEE CULTURE" and "CAFE & EATERY" all in white letters. The Comprehensive Sign Program has been APPROVED and this letter constitutes a Development Order pursuant to CDC Section 4- 202.E. The approval is based on, and must be consistent with, the site plans, elevations and drawings dated received on May 24, 2012 as described above and subject to the following conditions: Conditions of Approval: 1. That any requests which are inconsistent with this approved Comprehensive Sign Program require an amendment to be filed and reviewed and approved by the Planning and Development Department prior to issuance of a building (sign) permit; 2. That the internal sign lighting for the attached signs be controlled by a mechanical timer and be turned off at midnight or whenever the business is closed, whichever is later; "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 3. That there will be a minimum of eight feet of clearance between the bottom of the projecting sign and finished grade; and 4. That all other Code requirements /restrictions of Division 18 (Signs) be met, including but not limited to, grand opening banners, window, temporary, construction, sale leasing signs. Pursuant to CDC Section 4 -303, an application for a building (sign) permit shall be made within one (1) year of the date of this Development Order (May 31, 2013). All signs shall be installed and any conditions met within six (6) months of the date of issuance of the initial building (sign) permit. Permitted time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Should you have any questions, please contact Matthew Jackson, Planner 11, at (727) 562 -4504 or via e- mail at matthew.jackson @myclearwater.com Sincerely, �ro L , CF4 �- Gina Clayton Assistant Planning and Development Director cc: Mary Jo Weaver, Sign Inspector UNION BURGER Clearwater Beach, Florida 0 LO 5' -1 ' 25.41 SQ.FT �2��-6 " 1 Illuminated Wall Sign Primary Identity SCALE: 3/4 " =1' -0° Fabricated aluminum angle frame with sheet aluminum filler and retainers. White polycarbonate shoe box type face with 2" retainers for install. Face decorated with translucent vinyl, color to match PMS -1805 Dark Red. Illumination is accomplished by high output fluorescent lamps and energy efficient ballasting system. Cabinet painted to match PMS -1805C Dark Red. RECEl�'11M t Kit. PLAMsi WANOWt Cr OF C~00 Celebrating 43 Years of Quality 111,anufacturing and Service IT3 COMPREHENSIVE SIGN PROGRAM APPROVAL CASE # C0101L -0500 L' DOISSUED 61 t L SIGNATURE Proposed Updated Conditions TOTAL SIGNAGE 63.57 SQ.FT. SCALE: 1/8 " =1' -0' 1- 11`11 I I; to] JA r_ :q SIGN & AWNING CO INC 4590 118TH Avenue North Clearwater. Florida 33762 www.thomassign.com UNION BURGER Design Number: 50280 A ILL -WS Installation Address: 454 Mandalay Ave Clearwater Beach, FL. Project Identity Number. 49089 Dominic Nelson TH DRB 03 -15 -12 Project Notes. Project completi, Municipality: X Q Square Footage w 2 Square Footage Q Project Upda Q UP -DATE 04 Q UP-DATE 04 N UP -DATE 04 W 4t � ��M a Z)co J m � O U w QrZU- LL co �Z� Z�LW� No0 U) 2X0 CVvmI- a.<Z iT tn oro =_ C NZ) N ❑❑ Approved® DATE ❑ Approved. DATE: ❑ Revise & R DATE: ehe designs, tons peadmationf pro, ap^ perry of Thom, d may not be rei or fashion without of Thomas Sign b 1 1 of 7 UNION BURGER Clearwater Beach, Florida IT 11 0'-8 d rIEW Celebrating 43 Years of Quality ROUTED 3D MULTI -LAYER SIGN FOAM FACES 1 "DEEPALUMINUM SUPPORT PANEL- ROUTED 3D MULTI -LAYER SIGN FOAM FACES -_ 010 010 D/ F Blade Sign Primary Identity SCALE: 1 " =1' -0" Fabricated 1" deep aluminum mounting panel with two 1 -1/2" routed 3D Multi -layer sign foam faces. Paint colors fo; 3D foam faces (TBD). Mounting plate with two Y2" x 2" flat bars. Paint color for blade sign frame and mounting bracket (TBD). q d0 192.04 SQ.FT. I r . ` t ^ 0. 1.175.49 TOTAL SQ. FT. Proposed Updated Conditions 372.63 SQ.FT 11 a. r^ Y 1• nufacturing and Service) 6� vat 1 i [e] J1 Fit:, SIGN & AWNING CO INC 4590 11 8TH Avenue North Clearwater, Florida 33762 www.thomassign.com UNION BURGER Design Number: 50280 C ALUM -VYL Installation Address: 454 Mandalay Ave Clearwater Beach, FL. Project Identity Numbt r 49089 Dominic Nelson TH DRB 03 15 12 I Project Notes. Project completion CMunicipality: S ' X Square Footage Allowable: X Square Footage Shown: 9.62 Project Updates: 441.49 SQ.FT. UP -DATE 04 -18 -12 DRB _. UP -DATE 04 -23 -12 DRB UP -DATE 04 -25 -12 DRB • �T • Jo to • AAh r r 11111 LkCOFFEL CULTURE Its I 1 i SCALE: 1/8 " =1r-0 ❑ Approved DATE: ❑ Approved as noted DATE: ❑ Revise & Re- Submit DATE: The designs, concepts. drawings and specifications provided are the exciusrve property of Thomas Slgn 6 Awning Company and may not be reproduced In any way, shape or fashion without the eapre ss written pe 'mission of Thomas Sign 6 Awning Company 3 3of7 UNION BURGER Clearwater Beach, Florida 0 M TOP VIEW 10.32 SQ.FT l.eleoraiing 4.3 Years W wuailly FRONT VIEW Illuminated Channel Letters W/ Canopy Raceway Primary Identity SCALE: 1 /2" -0" Illuminated Channel Letters, (Union) 5" deep aluminum returns with 1" trim cap. White plex -faces with 3M 3635 -210 White Day /Night film, printed to match PMS -1805 Dark Red and 3M 3635 -222 Black Day /Night film. Lighting white JT LED. Custom aluminum canopy / raceway serves as a wiring inclosure for 24 volt transformers. ufacturing and Service 1.175.49 TOTAL SQ.FT. Lyroposed Updated Conditions SCALE: 1/8 " =1r -0" Ir I I; L401 J1 /_l•`. SIGN & AWNING CO INC 4590 1 18TH Avenue North Clearwater, Florida 33762 www.thomassign.com UNION BURGER Design Number: 50280 B ILL- CH -RWY Installation Address: 454 Mandalay Ave Clearwater Beach, FL. 1Project Identity Number 49089 Domirlc Nelson III DRB 03 15 12 Project Notes. Project completion Municipality: X Square Footage Allowable: X Square Footage Shown: 10.32 Project Updates: UP -DATE 04 -18 -12 DRB UP -DATE 04 -23 -12 DRB UP -DATE 04 -25 -12 DRB ❑ Approved DATE. ❑ Approved as noted DATE: ❑ Revise & Re- Submit DATE The designs, concepts, drawings and specifications provided are the exclusive property of Thomas Sign & Awning Company and may not be reproduced In any way, shape or fashion without the express written permission of Thomas Sign & Awning Company 2 2 of 7 UNION BURGER Clearwater Beach, Florida 4' -5 3/4" 1.86 SQ.FT. I _EA M-Y 2.01 SQ.FT. _ I O — — 5.37 SQ.FT. _ o I iN - I OFFEE I I I 17.9 SOTT. Wall Sign Letters Primary Identity Celebrating 43 Years of Quality 13' -6 ' 2.01 SQ.FT. I I 6.65 SQ.FT. I I I / RE1 Fabricated 2" deep acrylic Prismatic letters (Coffee Culture) with 1/2" stand -off. Fabricated flat cut Y2" deep acrylic (Cafe & Eatery) with 1/2" stand -off. Note: Paint color for all letter (TBD). ufacturing and Service 2" '/2" SCALE: 3/4 " =1' -0" 3J Proposed Updated Conditions SCALE: 1/8"=V-0" pr 1 100 M 1VI I_lt•`' SIGN & AWNING CO INC 4590 1 1 8TH Avenue North Clearwater, Florida 33762 www.thomassign.com UNION BURGER Design Number: 50280 E WS -FCO Installation Address: 454 Mandalay Ave Clearwater Beach, FL. Project Identity Number 49089 Dominic Nelson TH DRB 03 -15 -12 Project Notes: it Project completion Municipality: X Square Footage Allowable: X Square Footage Shown: 17.9 Project Updates: UP -DATE 04 -18 -12 DRB UP -DATE 04 -23 -12 DRB UP -DATE 04 -25 -12 DRB ❑ Approved DATE: []Approved as noted DATE: ❑ Revise & Re- Submit DATE: The designs, concepts, drawings and specifications provided are the exclusive property of Thomas Sign 6 Awning Company and may not be reproduced In any way, shape or fashion without the express written permission of Thomas Sign & Awning Company 5 15of7 UNION BURGER Clearwater Beach, Florida 2 -1/2" 1" Celebrating 43 Years of Quality ROUTED 3D MULTI -LAYER 3.14 SQ.FT X TWO= 6.28 SQ.FT Wall Si gn Primary - _� Identity - (2 _ _ ( Q/ SCALE: 1- 1/2 " =1' -0° Fabricated 1" deep aluminum shoe box wall sign with 1 -1/2" routed 3D Multi -layer sign foam faces. Paint colors for 3D foam faces (TBD). Paint color for wall sign frame and mounting bracket (TBD). nufacturing and Service S) Proposed Updated Conditions SCALE 118 =1 -(t 1 I i [11111V1 ril ' SIGN & AWNING CO INC 4590 118TH Avenue North Clearwater, Florida 33762 www.thomassign.com UNION BURGER Design Number: 50280 D ALUM -VYL Installation Address 454 Mandalay Ave Clearwater Beach, FL. j Project Identity Number. 149089 Dominic Nelson I DRB 03 15 12 j Project Notes. Project completion I Municipality X I_ j Square Footage Allowable. X d Square Footage Shown. 6.28 Project Updates: UP -DATE 04 -18 -12 DRB UP -DATE 04 -23 -12 DRB UP -DATE 04 -25 -12 DRB ❑ Approved DATE: ❑ Approved as noted DATE: ❑ Revise & Re- Submit DATE: The designs, concepts, drawings and specifications provided are the exclusive property of Thomas Sign & Awning Company and may not be reproduced in any way, Shape or Tashi without the exp'e wr ll ten permiss- of Thomas Slgn & Awning Company IN 4 4 of 7 0 1.27' k KOS I 108 I wcRr ✓I r R.I f11A r; —ABC FIRE E \TINGUISHER OUTDOOR SEATING PLANTING AREA LOT 77 CONTRACTOR TO INSTALL 4' THICK CONTRACTOR TO INSTALL REMOVABLE RAILING SYSTEM CONCRETE PAD FOR DELINEATION OF OUTDOOR SEATING AREA EXISTING EXIT TO REMAIN REMOVABLE OUTDOOR CAFE' SEATING AREA (SEE ARCHITECTURAL PLANS - co FOR DESIGN, DETAILS & FINISH) O / I N WASH �V t06 1 I T,JTCHEN / 105 I , a ACV <I T'1 F-N 110 ^ HALL 11 ru 4� I R COFFEif ;T E STORY 8 DnJIJ INC. ROOM 1 v, CJ ,296 SF _ 5 RY BUILDC : n #454 o n 1 O o U� I F D,4 / n b —tea SERVICE I �T,)F I w b PICT: UP � ` crrlcE _LINE �ca ,e3 AREA IN I 11 2 w a p "D 1.31' 7 (_) Q LL ZZ T,JTCHEN / 105 I , a ACV <I T'1 F-N 110 ^ HALL 11 ru 4� I R COFFEif ;T E STORY 8 DnJIJ INC. ROOM 1 v, CJ ,296 SF _ 5 RY BUILDC : n #454 o n 1 O o U� I / n b —tea SERVICE I ORDER/ I w b PICT: UP � ` U I •� _LINE �ca ,e3 AREA IN I 9 I 4' WIDE � UNOBSTRUCTED w a p "D 00 7 (_) Q LL ZZ Q \ Z _J O LU Q O J U W � U wo n I I W _ U. o a > U 5w ~ ABC CLASS Z Q � I Q ' Z a W �U FIRE j D --- �(IIlGl115HEP, �g d 'vil I I I I I I I gds _0 0 (1 DINNINI, P0011 ' OUTDOOR SEATING ,0? PLANTING AREA =E1 DiILIPSTRCOM \-DUMPSTER STORAGE $ ROOM LOT 80 IV RND L ENOINEE RIMO, PERM ITTIMO \\ L PL�NNINp. LYID {CRPE I1 c� • auaruuu R D +ea PROPERTYLINE EMSTING TREE T WI DRIP LINE O BE REAANN �j a ro E)USTING TOPOGRAPHIC SPOT ELEVATION I ® LANDSCAPED SCALE: 10' LANDSCAPED AREA GRAPHIC SCALE I 4' WIDE UNOBSTRUCTED EDESTRIAN PATH ,...' nlNaiWpd (TYP.) .41 / n Q 0 y 8.12' I � I I00 > Nen n I a d - I �WUJ w > _ w W W 7 N O I a woo ENTRY 100 I W /OM/� W P� O M •el ( W`J Q - -- I a 0000 0 V o I � GI nr I I � d 0 CLEAN COQUINA SHELL (BACKFLOW DEVICE AREA) L - T DUMPSTER _ STAGING AREA (TYP.) PLANT LIST: =MBQL DQ SCIFINTIFICNAMP COKAMONNAME M VENTS ICD 4 IXORA COCCINEA DWARF IXORA L HOO.C. / n b —tea _ b I w b NC, o � ` U I •� HMS AREA IN I 9 I 4' WIDE � UNOBSTRUCTED w a p "D PEDESTRIAN PATH Q LL ZZ } � 0 Lu Z 0 CLEAN COQUINA SHELL (BACKFLOW DEVICE AREA) L - T DUMPSTER _ STAGING AREA (TYP.) PLANT LIST: =MBQL DQ SCIFINTIFICNAMP COKAMONNAME M VENTS ICD 4 IXORA COCCINEA DWARF IXORA L HOO.C. (TYP.) $ a X W > — 0 — 0 z0 y 'D �S -*76 R mo- GENERAL NOTE: „.tea I. SEE COVER SHEET FOR SITE DATA TABLE & NOTES. 2. SIGN PACKAGE TO BE SUBMITTED UNDER SEPARATE�� RN COVER. SHE of C6 —tea 2 � p "D 2 Z r~i Y Q LL ZZ } � 0 Lu Z - > O LU Q O J U W � U wo n W U. o a > U 5w ~ W C7 Z Q � cc Q Z a W �U j D �g d 'vil I I I I I I I gds (TYP.) $ a X W > — 0 — 0 z0 y 'D �S -*76 R mo- GENERAL NOTE: „.tea I. SEE COVER SHEET FOR SITE DATA TABLE & NOTES. 2. SIGN PACKAGE TO BE SUBMITTED UNDER SEPARATE�� RN COVER. SHE of C6