07-02
RESOLUTION NO. 07-02
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND TRIANGLE
OLD BAY HOLDINGS, LLC; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Triangle Old Bay Holdings, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
Triangle Old Bay Holdings, LLC, a copy of which is attached as Exhibit "An, is hereby
approved.
Section 2. The City Clerk is directed to record the Development Agreement
with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days
after the agreement is executed. The applicant for the Development Agreement shall
bear the expense of recording the agreement.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the State of Florida Department of Community Affairs no
later than fourteen (14) days after the Development Agreement is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 15th day of February
,2007.
~/~
Fr:fnk V. Hibbard
Mayor
Approved as to form:
Attest:
Resolution No. 07-02
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated ,
2007, effective as provided in Section 5 of this Agreement, and entered into between
TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company
("DEVELOPER") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of
the State of Florida acting through its City Council ("COUNCIL"), the governing body
thereof ("CITY").
R E C 1 I A 1: S:
A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("ACT"), authorize the CITY to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City.
B. Under Section 163.3223 of the ACT, the CITY has adopted Section 4-606
of the City of Clearwater Community Development Code ("CODE"), establishing
procedures and requirements to consider and enter into development agreements.
C. DEVELOPER owns approximately 5.18 acres m.o.!. of real property
("PROPERTY") in the corporate limits of the CITY, more particularly described on Exhibit
"A" (Land Survey) attached hereto and incorporated herein. (4.98 acres of this land can
be used for unit density, and the remaining 0.2 acres has 0 units allowed.)
D. DEVELOPER desires to develop the Property as a mixed residential/retail
development, consisting of not more than 358 residential units and 13,235 square feet
of retail, with associated parking, generally conforming to that development approved by
the CDB on November 21,2006 in Case No. FLD2006-05030.
E. The PROPERTY currently has a land use designation of Central Business
District and is zoned Downtown.
F. The CITY and DEVELOPER have determined that it would be mutually
beneficial to enter into a development agreement governing the matters set forth herein
and have negotiated this AGREEMENT in accordance with the CODE and the ACT.
G. The CITY has found that the terms of, and future development orders
associated with, this AGREEMENT are consistent with the City Comprehensive Plan and
the CODE.
Exhibit "A"
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the ACT, agree as follows:
SECTION 1. RECITALS
AGREEMENT.
The above recitals are true and correct and are a part of this
SECTION 2. INCORPORATION OF THE ACT This AGREEMENT is entered into in
compliance with and under the authority of the CODE and the ACT, the terms of which as
of the date of this AGREEMENT are incorporated herein by this reference and made a part
of this AGREEMENT. Words used in this AGREEMENT without definition that are defined in
the ACT shall have the same meaning in this AGREEMENT as in the ACT.
SECTION 3. PROPERTY SUBJECT TO THIS AGREEMENT The PROPERTY is subject to this
AGREEMENT.
SECTION 4. OWNERSHIP The PROPERTY is owned in fee simple by DEVELOPER. See
Exhibit "G" Ownership Information, Exhibit "G-1" Triangle Old Bay Holdings Merger,
Exhibit "G-2" Entity Name Changes.
SECTION 5. EFFECTIVE DATE/DuRATION OF THIS AGREEMENT
5.1 This AGREEMENT shall become effective as provided for by the ACT and upon the
vacation of Osceola Ave. as described in Section 6.2.2.
5.2 This AGREEMENT shall continue in effect until terminated as defined herein but for
a period not to exceed ten (10) years.
SECTION 6. OBLIGATIONS UNDER THIS AGREEMENT
6.1 Obligations of the DEVELOPER
6.1.1. The obligations under this AGREEMENT shall be binding on
DEVELOPER, its successors or assigns.
6.1.2. At the time of development of the PROPERTY, DEVELOPER will submit
such applications and documentation as are required by law and shall comply with the
City's CODE applicable at the time of development review.
6.1.3.
PROPERTY:
The following restrictions shall apply to development of the
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6.1.3.1 The PROPERTY shall be developed in conformance with that
development approved by the COB on November 21, 2006 in Case No. FLD2006-
05030. The population density and maximum building intensity are shown in that
approved development application. Specifically, the Property shall be developed in 3
phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98
countable acres) has 249 units permitted. 116 units will be built in Phase 1, drawing 16
units from the Public Amenities Incentive Pool (so as to be eligible for extra height).
109 units will be built in Phase 2, drawing 1 unit from the Public Amenities Incentive
Pool (for extra height). Phase 3 will have a 17-story tower with 109 units, plus 24 units
& 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of
133 units, drawing 92 additional units and 13,235 square feet from the Public Amenities
Incentive Pool, for a total of 109 units and 13,235 square feet of non-residential floor
area from the Public Amenities Incentive Pool over the entire project.
6.1.3.2 Building height to the highest point of the finished flat roof
surface of the 3 Island View condominium towers shall not exceed 180 feet above the
mean site elevation. Building height to the top of parapet of the two (2) buildings
comprising Harrison Village shall not exceed 48 feet above the mean site elevation for
the Harrison Village Site.
6.1.3.3 The architectural style of the structures to be constructed on
the Property shall be as shown on the renderings attached hereto as Exhibit "C."
6.1.3.4 Development of the Property shall be phased as set forth on
Exhibits "01", "02" and "03" attached hereto and incorporated herein. In the event that
Developer fails to meet the commencement and completion dates for each phase set
forth on Exhibit "E" attached hereto, this Development Agreement shall terminate as it
relates to the remaining phases. The Agreement shall remain in full force and effect for
any completed phase or any phase timely commenced. For the purpose of this
Agreement a phase shall be deemed to have commenced upon the issuance of a
foundation permit and the start of physical construction of the foundation pursuant
thereto. Completion of a phase shall mean the issuance of the certificate of occupancy
for the shell of the structure or structures in the phase.
6.1.3.5 The parties acknowledge that it is conceivable that the
Project will not proceed to full completion of all phases. Accordingly, DEVELOPER
agrees that the 2.0 acre parcel of land described in Exhibit "H" (the "Exhibit "H"
Property") hereto shall be dedicated to support the entitlements which comprise Phase
1, and shall remain encumbered by the provisions of this Development Agreement
notwithstanding the amendment of the site plan for the balance of the Property. The
deed restriction required by Paragraph 6.1.4 shall include said dedication and
encumbrance. In the event Phases 2 and 3 are not developed, the "Exhibit "H"
Property" shall be limited to the 116 units allowed in Phase 1, and the "Exhibit "H"
PropertyPrpperty" shall be encumbered by this restriction immediately upon the
issuance of a building permit for Phase 1.
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6.1.3.6 Parking will be provided as required by Code for Phase 1 in
the initial part of the parking structure built in Phase 1.
6.1.3.7 No certificate of occupancy shall be issued for each phase
until the streetscaping for that phase has been substantially completed, as set forth in
Exhibits "E", "E-1", "E-2" and"E-3" attached hereto and incorporated herein. Specifically
this includes:
Phase 1:
Landscaping and hardscaping of:
a) West side of Osceola Ave
b) East side of Fort Harrison Ave between Jones Street&tfee.t and
Georgia Street&tfee.t.
Phase 2:
Landscaping and hardscaping of:
a) North side of Georgia Street
b) Intersection of Jones St and Ft Harrison Ave
Phase 3:
Landscaping and hardscaping of:
a) West side of Ft. Harrison Ave. between Georgia and Jones
b) East side of Osceola Ave, south side of Georgia St. and north
side of Jones Street, and Osceola crosswalks and mid block
pedestrian plaza in Harrison Village; all as shown on Exhibit "0".
c) Base of Georgia Street upgraded with landscaping and
hardscaping.
d) Intersection of Georgia St. and Ft Harrison Ave
The parties agree that the obligation of DEVELOPER to construct the phase
improvements described above is contingent upon Developer proceeding to
construct each respective phase of the Project.
6.1.3.8. Existing Osceola shall be closed only upon completion by
Developer of the conditional requirements of vacation ordinance # 7769-07, which
conditions include:
a)
b)
c)
deeding property to the City of Clearwater for a new 50-foot R.O.W
for Osceola Ave.,
completion of a temporary road (parallel to Ft. Harrison) available
for use by emergency vehicles, and
submission of a letter of credit (which letter of credit shall be
reasonably acceptable to the City Attorney) to the City of
Clearwater providing a financial guarantee that all required
construction of and improvements to the relocated Osceola Avenue
(including relocation of utilities at DEVELOPER'S sole cost) will be
completed within two years of the effective date of the vacation
ordinance.
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The applicant shall maintain the temporary road for use by emergency
vehicles at all times during this two year period, until the new Osceola Ave has
been completed.
6.1.4 Prior to issuance of the first building permit for the PROPERTY,
Developer shall record a deed restriction encumbering the PROPERTY, which deed
restriction shall be approved as to form by the City Attorney and which will generally
describe the development limitations of this AGREEMENT. The deed restriction shall be
perpetual and may be amended or terminated only with the consent of the CITY.
6.1.5 During construction of Phase 1 as described in Exhibit "E", that
portion of the Property which is a part of Phase 3 and is known as the "Harrison Village
property" will be used by DEVELOPER for construction-related uses and will initially
contain a temporary emergency vehicle access road. This road will be operational until
the completion and acceptance by City of the contemplated new portion of Osceola
Avenue referenced in Paragraph 6.1.3.8. Once the new portion of Osceola Avenue is
completed and accepted by the City, the temporary vehicle access road will be removed
and the entire Harrison Village property will be used for construction staging purposes
and other normal construction-related uses during the construction of Phases 1 and 2.
In the event that a construction hiatus (defined as being a time gap between the
date the Certificate of Occupancy is issued for the shell of the principal structure for
each Phase and the date construction commences on the subsequent Phase) of more
than 60 days occurs, DEVELOPER shall install and maintain landscaping improvements
across the entire portion of the Property known as the "Harrison Village Property"
consistent with all requirements of the City of Clearwater Land Development Code until
construction commences on the subsequent Phase. In the event no such permit is
issued for the subsequent Phase, DEVELOPER shall maintain the "Harrison Village
Property" consistent with the Land Development Code.
The Harrison Village Property is defined as the land bordered by Fort Harrison
Avenue on the east, Georgia Street on the north, the relocated Osceola Avenue on the
west and Jones Street on the south.
6.2. Obligations of the CITY
6.2.1 CITY will issue such building permits for the Property as are consistent
with the Comprehensive Plan and that development approved by the
CDS on November 21, 2006 in Case No. FLD2006-05030 and that
meet the requirements of the CODE and that go through any applicable
approval process.
6.2.2 The CITY shall consider the vacation of Osceola Avenue and the
vacation of three drainage and utility easements and one
ingress/egress easement as described in the related vacation request.
The effectiveness of this Agreement is contingent on the requested
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vacation.
SECTION 7. PUBLIC FACILITIES TO SERVICE DEVELOPMENT The following public
facilities are presently available to the PROPERTY from the sources indicated below.
Development of the PROPERTY will be governed by the concurrency ordinance
provisions applicable at the time of development approval. With respect to
transportation, the concurrency provisions for the proposed development have been
met.
7.1. Potable water from the CITY.
7.2. Sewer service is currently provided by the CITY.
7.3. Fire protection from the CITY.
7.4. Drainage facilities for the parcel will be provided by DEVELOPER.
7.5 Reclaimed water from the CITY, if available.
7.6. Solid waste from the CITY.
SECTION 8. REQUIRED LOCAL GOVERNMENT PERMITS The required local government
development permits for development of the PROPERTY include, without limitation, the
following:
8.1. Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2. Construction plan approval(s);
8.3. Building permit(s); and
8.4. Certificate(s) of occupancy.
SECTION 9. CONSISTENCY The CITY finds that development of the PROPERTY
consistent with the terms of this AGREEMENT is consistent with the City Comprehensive
Plan.
SECTION 10. TERMINATION
10.1. If DEVELOPER'S obligations set forth in this AGREEMENT are not followed in a timely
manner, as determined by the City Manager, after notice to DEVELOPER and an
opportunity to be heard, existing permits shall be administratively suspended and
issuance of new permits suspended until DEVELOPER has fulfilled its obligations. Failure
timely to fulfill its obligations may serve as a basis for termination of this AGREEMENT by
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the CITY, at the discretion of the CITY and after notice to DEVELOPER and an opportunity
for DEVELOPER to be heard.
SECTION 11. OTHER TERMS AND CONDITIONS
11.1. Except in the case of termination, until ten (10) years after the date of this
AGREEMENT, the PROPERTY shall not be subject to downzoning, unit density reduction, or
intensity reduction, unless the CITY has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this AGREEMENT; or
11.1.2 This AGREEMENT is based on substantially inaccurate information
provided by DEVELOPER; or
11.1.3 That the change is essential to the public health, safety or welfare.
In the event of any such downzoning, unit density reduction, or intensity reduction for
any other reason than as set forth in Section 11.1.2, the CITY will give DEVELOPER
maximum access to the CITY'S Public Amenities Incentive Pool or other available
density under the revised conditions, in order for DEVELOPER to retain as much of its
entitlements under this Agreement as possible. To the degree that the number of
allowed units is decreased, DEVELOPER'S obligations to provide streetscaping, public art,
and other amenities in exchange for drawing from the CITY'S Public Amenities Incentive
Pool shall be reduced proportionately.
11.2 Unavoidable Delay.
11.2.1 Any delay in performance of or inability to perform any obligation under
this Agreement, including Exhibits hereto (other than an obligation to pay money) due to
any event or condition described in Section 11.2.2 as an event of "Unavoidable Delay"
shall be excused in the manner provided in this Section 11.2.
11.2.2 "Unavoidable Delay" means any of the following events or conditions
or any combination thereof: (a) acts of God or significant natural disruptions, for
example those caused by pestilence, epidemics, fire, lightning, hurricanes, earthquakes,
tornadoes, floods or extremely abnormal and excessively inclement weather (as
indicated by the records of the local weather bureau for a five-year period preceding the
Effective Date); (b) litigation which has the effect of precluding reasonable satisfaction
of the obligations of this Agreement; (c) significant social disruptions, for example those
caused by acts of the public enemy; riot, insurrection, war, quarantine restrictions,
freight embargoes, strikes, labor disturbance, or economic recession; (d) archaeological
excavations required by law; (e) unexpected delays by third-party vendors, and
unavailability of materials or services (for example insurance) after reasonable and
timely attempts to procure same; (f) delays due to proceedings under Chapters 73 and
74, Florida Statutes; (g) restoration in connection with any of the foregoing; (h) or any
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other cause beyond the reasonable control of the party performing the obligation in
question, including, without limitation, such causes as may arise from the act of the
other party to this Agreement, or acts of any governmental authority (except that acts of
the City shall not constitute an Unavoidable Delay with respect to performance by the
City).
11.2.3 An application by any party hereto for an extension of time pursuant to
this subsection must be in writing, must set forth in detail the reasons and causes of
delay, and must be filed with the other party to this Agreement within thirty (30) days
following the occurrence of the event or condition causing the Unavoidable Delay or
thirty (30) days following the party's becoming aware (or the date on which the party
with the exercise of reasonable diligence should have become aware) of such
occurrence.
11.2.4 A party hereto shall be entitled to an extension of time for an
Unavoidable Delay only for the number of days of delay due solely to the occurrence of
the event or condition causing such Unavoidable Delay and only to the extent that any
such occurrence actually delays it from proceeding with its rights, duties and obligations
under this Agreement affected by such occurrence.
11.2.5. Unavoidable delay shall not be applied to extend the duration of
this agreement as provided in 5.2.
SECTION 12. COMPLIANCE WITH LAW The failure of this AGREEMENT to address any
particular permit, condition, term or restriction shall not relieve DEVELOPER from the
necessity of complying with the law governing such permitting requirements, conditions,
terms or restrictions.
SECTION 13. NOTICES Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to DEVELOPER:
Triangle Old Bay Holdings, LLC
305 North Fort Harrison Avenue
Clearwater, FL 33755
With copy to:
E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut St.
Clearwater, FL 33756
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If to CITY:
City Council of City of Clearwater
c/o City Manager
112 South Osceola Avenue
P. O. Box 4748
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties
may change the addresses set forth above (including the addition of a mortgagee to
receive copies of all notices), by notice in accordance with this Section.
SECTION 14.
INTENTIONALLY OMITTED.
SECTION 15. MINOR NON-COMPLIANCE DEVELOPER will not be deemed to have
failed to comply with the terms of this AGREEMENT in the event such non-compliance, in
the judgment of the City Manager, reasonably exercised, is a minor or inconsequential
nature.
SECTION 16. COVENANT OF COOPERATION The parties shall cooperate with
and deal with each other in good faith and assist each other in the performance of the
provisions of this AGREEMENT and in achieving the completion of development of the
PROPERTY.
SECTION 17. ApPROVALS Whenever an approval or consent is required under or
contemplated by this AGREEMENT such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. COMPLETION OF AGREEMENT Upon the completion of performance of
this AGREEMENT or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the CITY.
SECTION 19. ENTIRE AGREEMENT This AGREEMENT (including any and all Exhibits
attached hereto all of which are a part of this AGREEMENT to the same extent as if such
Exhibits were set forth in full in the body of this AGREEMENT), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. CONSTRUCTION The titles, captions and section numbers in this
AGREEMENT are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection
or provision of this AGREEMENT. Whenever the context requires or permits, the singular
shall include the plural, and plural shall include the singular and any reference in this
AGREEMENT to DEVELOPER includes DEVELOPER'S successors or assigns. This
9
AGREEMENT was the production of negotiations between representatives for the CITY
and DEVELOPER and the language of the Agreement should be given its plain and
ordinary meaning and should not be construed against any party hereto. If any term or
provision of this AGREEMENT is susceptible to more than one interpretation, one or more
of which render it valid and enforceable, and one or more of which would render it
invalid or unenforceable, such term or provision shall be construed in a manner that
would render it valid and enforceable.
SECTION 21. PARTIAL INVALIDITY If any term or provision of this AGREEMENT or
the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this AGREEMENT, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and shall with the remainder of this AGREEMENT continue unmodified
and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party thereto to the extent that the purpose of this AGREEMENT or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
AGREEMENT upon fifteen (15) days notice to the other parties.
SECTION 22. CODE AMENDMENTS Subsequently adopted ordinances and codes
of the CITY which are of general application not governing the development of land shall
be applicable to the PROPERTY, and such modifications are specifically anticipated in
this AGREEMENT.
SECTION 23. GOVERNING LAW This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. COUNTERPARTS This AGREEMENT may be executed in counterparts,
all of which together shall continue one and the same instrument.
IN WITNESS WHEREOF, the parties have hereto executed this AGREEMENT the date
and year first above written.
[End of Substantive Provisions, Signature Page to follow.]
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WITNESSES:
Printed Name:
Printed Name:
Countersigned:
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
TRIANGLE OLD BAY HOLDINGS, LLC,
a Florida limited liability company
By:
Its: Managing Member
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II
Attest:
Cynthia E. Goudeau
City Clerk
11
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this ,
2007, by , as managing member of Triangle Old Bay Holdings,
LLC, a Florida limited liability company, on behalf of the company, who D is personally
known to me or who D produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this
, 2007, by Frank V. Hibbard, as Mayor of the City of Clearwater,
Florida, who D is personally known to me or who D produced
identification.
Notary Public
Print Name:
STATE OF FLORIDA )
CITY OF PINELLAS )
The foregoing instrument was acknowledged before me this
, 2007, by William B. Horne II, City Manager of the City of
Clearwater, Florida, who D is personally known to me or who D produced
identification.
Notary Public
Print Name:
12
Exhibits:
"A": Legal Description of Property - see attached land survey
"B": Concept Plan
"C": Renderings attached
"0-1" Phasing Plan - Phase 1
"0-2" Phasing Plan - Phase 2
"0-3" Phasing Plan - Phase 3
"E": Phasing Schedule
"E-1" Phase 1 Streetscaping
"E-2" Phase 2 Streetscaping
"E-3" Phase 3 Streetscaping
"F" Proof of Title to 24' Sliver of Land Purchased from Church of Scientology
"G" Ownership Documentation - Triangle Old Bay Holdings
"G-1" Triangle Old Bay Merger
"G-2" Entity name changes
"H" Phase 1 Dedicated Land
02/13/07 09:43 AM
45403.108701
#378904 v1 - Triangle/Development Agreement
13
Exhibits:
"A": Legal Description of Property - see attached land survey
"B": Concept Plan
"C": Renderings attached
"0-1" Phasing Plan - Phase 1
"0-2" Phasing Plan - Phase 2
"0-3" Phasing Plan - Phase 3
"E": Phasing Schedule
"E-1" Phase 1 Streetscaping
"E-2" Phase 2 Streetscaping
"E-3" Phase 3 Streetscaping
"F" Proof of Title to 24' Sliver of Land Purchased from Church of Scientology
"G" Ownership Documentation - Triangle Old Bay Holdings
"G-1" Triangle Old Bay Merger
"G-2" Entity name changes
"H" Phase 1 Dedicated Land
02/13/07 09:43 AM
45403.108701
#378904 v1 - Triangle/Development Agreement
13
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EXHIBIT "F"
SECTION 9 TOWNSHIP 29 S, RANGE 15E ~
PINELLAS COUNTY, FLORIDA _
PROJECT NUMBER 3324-02
GEORGIA SlREET
sOUTH RIGHT- OF WAY UNE
8
---I
__1
-- 1
A. B. &. JENNIE CATES SUBDMSION ~
PB " PG 54
------
-J
A PART OF SECTION 9. TOWNSHIP 29 .-1
SOU1H. RANGE 15 EAST
o I
A PARr OF SECTlON 9, TOWNSHIP 29
SOUlH, "'NeE IS EAST --1- ~
9
30 0
I l--I-
SCALE: 1 "=60'
60
10
PARCEL FOUR
'1 '1
I I
VACA TED 10' ALLEY
PARCEL THREEvGRESS
LOT A a.R.B
-- w
.
~o
. 0
u).
bet
o
z
REVISED 07/28/06
I
NOT A SURVE Y
i::
KETCH &: DESCRIP1l0N
EVlSED
DATE
08/10/06
08/24/06
PORllON OF PARCEL IV
.. II \ ....\ ___.\ _111_' -.__ .__ ,__ _ _IU_
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DRAl I4GE AND UlIUTY EASEUENT
~CA7FD ALLEY PER O.H.
OOK 7546, PGS. S07-6OB
~s GRESS .EASEUEfllTPER -
J=J. .Boa 7540 PGS. 275-278
. ----
DRAl "GE AND UlIUTY EASEMENT
VACA7E"D ALLEY PER
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o ill I..-.t:.~ t...
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,-_ P.B.. 26 ,j PG. 41
No. r '.'.
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~p,{ . 'c'> LOT A
I t"l;~ SHEET 1 OF 2
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVCY1NG LB 6113
18850 U.S HIGHWIl Y 19 N. SUITE: 500
~~WA TER, FLORIDA J.3764
f f:
SECTION 9 TOWNSHIP 29 S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3324-02
DESCRIPTION
PORTION OF PARCEL IV
A PORTION OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND A PORTION OF
LOTS 2 AND 3 OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT
BOOK 1, PAGE 13 OF HILLS80ROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART, BEING
MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK
1, PAGE 64 OF THE PUBUC RECORDS Of PINELLAS COUNTY, FLORIDA, ALSO BEING THE INTERSECTION OF THE
SOUTI-lERLY RIGHT-Of-WAY LINE OF GEORGIA SlREET AND mE WESTERLY RIGHT-Of-WAY UNE Of NORlli fORT
HARRISON AVENUE; lliENCE ALONG THE SOUTHERLY RIGHT-Of-WAY LINE OF GEORGIA SlREET S.8B'4Q'45"W., 150.03
FEET; THENCE LEAVING SAID UNE, S.00"16'19"E., 397.79 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
S.OOiS'19"E., 24.00 FEET; THENCE N.Bso44'18"W., 185.55 FEET: THENCE N.00"15'42"E., 24.00 FEET; THENCE
S.Sgo44'18"E., 185.31 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.102 ACRES, MORE OR LESS.
NOTES
1. BEARINGS ARE BASED ON THE WEST RIGHT-Of-WAY LINE OF OSCEOLA AVENUE, BEING ASSUMED AS
S00"1S'19"E.
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN YMICH 'IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT UABIUTY TO THE SURVEYOR. NOTHING
HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED
TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS
OR ENVIRONMENTALLY SENSlilVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEAT OF AN ABSTRACT OF TIRE AND MAY BE SUBJECT TO
EASEMENTS, RESTRICilONS, RIGHTS-OF-WAY AND OTHER MA TIERS OF RECORD.
CE RTIFICATION
I HEREBY CERilFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
NOT A SURVEY
~ DAlE
KETCH & DESCRIPTION oa/l0/06
E\'1SED 08/24/06
.1 il
cP~~~::~~~t::~EYOR LS 4053,
STATE OF FLORIDA SHEET 2 OF 2
PORllON OF PARCEL IV
POL.ARIS ASSOCIATES INC.
PROFESSIONAL SURVOING LB 6113
1BBSO U.s. HIGHWAY 19 N. SUITE 500
qlEA~WA TE:R, FlORIDA 13764
Exhibit G - Ownership Documentation
DEVELOPMENT COMPANY
August 22, 2006
City of Clearwater
This letter is to clarify the intent with regards to certain properties owned by Triangle Old Bay
Holdings LLC ("Old Bay"). Old Bay's majority owner is Ron Pollack, and it is managed by
Triangle Property Holding LLC, which is jointly owned by Ron Pollack and Ben Kugler.
Thus both Ron Pollack and Ben Kugler act as managing members of Triangle Old Bay Holdings
LLC.
Specifically at this time the property parcels marked below as 1, 2, 10 & 4 are being developed.
The thin strip of land dividing 4 in two is the proposed new Osceola Ave, which we plan to
dedicate to the city. Properties 1,2, 10 and the part of property 4 west ofthe new Osceola Ave
will be deeded to Island View Condominiums.
Old Bay is using Triangle Development Company LLC (also jointly owned by Ron Pollack and
Ben Kugler) to develop its properties.
Ownership information:
The data on the relevant properties shown above are as follows:
1. Name: former Rhaddert property: 310-404 N. Osceola.
Size: 1.9 acres
Owner: Georgia Street Properties LLC, which merged with Triangle Old Bay Holdings
LLC (the surviving entity).
2. Name: former ElIenben! property: 302-308 N. Osceola.
Size: 1.0 acres
Owner: 302-308 N Osceola Properties LLC, which changed its name to Island View
Properties LLC, which has merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
4. Name: former Salvation Armv property: (part of what was once)
300-410 N. Fort Harrison, and 309-407 N. Osceola.
Size: 2.42 acres
Owner: Triangle S.A. Land LLC, which merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
10. Name: former Marcopoulos property: (part of what was once 303&305 N. Osceola, and
400&410 Jones St.)
Size: 0.2 acres
Owner: Osceola-Jones Properties LLC, which changed its name to Harrison Village
Properties LLC, which has merged with Triangle Old Bay Holdings LLC,
(the surviving entity).
Sincerely,
.://./-' (,;!
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Ron Pollack
CEO and Manager
Triangle Development Company LLC
For:
Triangle Property Holdings LLC, Manager
For:
Triangle Old Bay Holdings, Owner
305 N. Ft.Harrison
. Clearwater. Fl. 33755 . w\vw.triangledcvclopment.com " 727.446.0020
From: 850-205-0381 Page: 1/2 Date: 8/9/2006 12:22:49 PM
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This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com
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I certify the attached is a true and correct copy of the Certificate of ~
Merger or Articles of Merger, filed on August 8, 2006, for TRIANGLE OLD ~
BAY HOLDINGS, LLC, the surviving Florida entity, as shown by the records ~
of this office. I'
~ I further certify the document was electronically received under FAX audit U
~ number H06000199152 and this certificate issued in accordance with section~1lC
~ 15.16, Florida Statutes, and authenticated by the code noted below. H
~ ~
~ The document number of this limited liability company is L05000054976. ~
~ ~
~ Authentication Code: 906A00049499-080906-L05000054976-1/1 ~
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Given under my hand and the
Great Seal of the State of Florida,
at Tallahassee, the Capital, this the
Ninth day of August, 2006
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(((H060001991523)))
CERTIFICATE OF MERGER OF
GEORGIA STREET PROPERTIES, LLC (a Florida limited liability company)
and
ISLAND VIEW PROPERTIES, LLC (a Florida limited liability company)
and
TRIANGLE S.A. LAND, LLC (a Florida limited liability company)
and
HARRISON VILLAGE PROPERTIES, LLC (a Florida limited liability company)
with and into
TRIANGLE OLD BAY HOLDINGS, LLC
(a Florida limited liability company)
Pursuant to Sections 608.4382'
of the Florida Limited Liability Company Act
Pursuant to Section 608.4382 of the Florida Limited Liability Company Act, this
Certificate of Merger provides as follows:
ARTICLE I
State of Oreanization: Survivine Company
1.1 The name and state of organization of each of the constituent companies of the
merger is as follows:
Name
Georgia Street Properties, LLC
Island View Properties, LLC
Triangle S.A. Land, LLC
Harrison Village Properties, LLC
Triangle Old Bay Holdings, LLC
State of Organization
Florida
Florida
Florida
Florida
Florida
1.2 Triangle Old Bay Holdings, LLC, a Florida lim:ited liability company, shall be the
surviving entity.
(((H060001991.523)))
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(((H060001991523)))
ARTICLE II
Agreement and Plan of Merger
The Agreement and Plan of Merger providing for the merger of the above entities is
attached hereto as Exhibit A.
ARTICLE TII
Approval of the Plan
3.1 In accordance with Florida Law and the operating agreement of Georgia Street
Properties, LLC, the sole member of Georgia Street Properties, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.2 In accordance with Florida Law and the operating agreement of Island View
Properties, LLC, the sole member of Island View Properties, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.3 In accordance with Florida Law and the operating agreement of Triangle S.A.
Land, LLC, the managing member of Triangle S.A. Land, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.4 In accordance with Florida Law and the operating agreement of Harrison Village
Properties, LLC, the sole m'ember of Harrison Village Properties, LLC approved and adopted the
Agreement and Plan of Merger on August 8, 2006.
3.5 In accordance with Florida Law and the operating agreement of Triangle Old Bay
Holdillgs, LLC, the managing member of Triangle Old Bay Holdings, LLC approved and
adopted the Agreement and Plan of Merger on August 8,2006.
ARTICLE IV
Effective Time of Merger
This merger shall become effective on the date and time this Certificate of Merger is filed
by the Department of State of the State of Florida.
[Signature Pages Follow]
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(((H060001991523)))
(((H060001991523)))
IN WITNESS \VREREOF, the undersigned have caused this Certificate of Merger to be
executed this 8th day of August ,2006.
GEORGIA STREET PROPERTIES, LLC
a Florida limited liability company
By Triangle Old Bay Holdings, LLC
Its: Sole Member
:By: Triangle Property Holdings, LLC
Its: Managing Member
ISLAND VIEW PROPERTIES, LLC
a Florida limited liability company
By' Triangle Old Bay Holdings, LLC
'lts:- -Sole Member
l"RlANCL.E S.A. LAND, LLC
a Florida limited liability company
~
3
(((H060001991523)))
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(((H060001991523)))
HARRISON VILLAGE PROPERTIES, T..LC
a Florida limited liability company
By Triangle Old Bay Holdings. LLC
Its: Sole Member
TRIANGLE Ol..D BAY HOLDINGS, LLC
a Florida limited liability company
By:
13
4
(((H060001991523)))
EXHIBIT A
(((H060001991523)))
AGREEMENT AND PLAN OF MERGER
THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") is made and
entered into this 8th day of August, 2006, by and between TRIANGLE OLD BAY
HOLDINGS, LLC, ("Triangle"), GEORGIA STREET PROPERTIES, LLC ("Georgia
Street"), ISLAND VIEW PROPERTIES, LLC ("Island View"), TRIANGLE S.A. LAND,
LLC ("Triangle S.A.") and HARRISON VILLAGE PROPERTIES, LLC ("Harrison"), all
being limited liability companies organized and existing under the laws of the State of Florida.
Triangle, Georgia Street, Island View, Triangle S.A. and Harrison are sometimes collectively
referred to in this Agreement as the "Constituent Companies" and are sometimes referred to
individually as a "Constituent Company."
WITNESSE TH:
WHEREAS, the manager or member, as the case may be, of each Constituent Company
deems it advisable and for the general welfare of such company and its members that Georgia
Street, Island View, Triangle S.A. and Harrison merge with and into Triangle, pursuant to this
Agreement and the applicable laws ofthe State of Florida; and
WHEREAS, upon the Effective Date of the merger, Triangle shall be the surviving
entity.
NOW, THEREFORE, the Constituent Companies, in consideration of the premises and
the mutual covenants, agreements and provisions hereinafter contained, do hereby agree upon
and prescribe the terms and conditions of said merger and the method of carrying the saIne into
effect in this Agreement as follows:
ARTICLE I
PLAN OF MERGER
The Constituent Companies have agreed and do hereby agree each with the other that
Georgia Street, Island View, Triangle S.A. and Harrison shall be merged with and into Tnangle.
Triangle shall be the surviving company in the merger and shall be governed by the laws of the
State of Florida, which state shall continue to be its domicile.
(((H060001991523)))
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ARTICLE II
EFFECTIVE DATE
The merger provided for in this Agreement shall become effective and the Constituent
Companies shall be deemed to have merged as of date and time the Certificate of Merger is filed
by the Department of State of the State of Florida. (the "Effective Date").
(((H060001991523)))
ARTICLE III
MANNER OF CONVERTING INTERESTS
Pursuant to the merger, all of the outstanding membership interests of Georgia Street,
Island View, Triangle S.A. and Harrison will be cancelled; No new membership interests in
Triangle will be issued. Each membership interest in Triangle that is outstanding on the
Effective Date shall continue and remain unchanged.
ARTICLE IV
EFFECT OF THE MERGER
4.1 Existence. On the Effective Date, the separate existences of Georgia Street,
Island View, Triangle S.A. and Harrison shall cease and they shall be merged with and into
Triangle. Thereupon, the title to all real estate and other property, or any interest therein, owned
by each of Georgia Street, Island View, Triangle S.A. and Harrison shall be vested in Triangle
without further act of deed and without reversion or impairment. Triangle shall thenceforth be
responsible and liable for all the liabilities and obligations of Georgia Street, Island View,
Triangle S.A. and Harrison.
4.2 Articles of Orl!anization. The Articles of Organization of Triangle, in effect on
the Effective Date, shall continue in full force and effect as the Articles of Organization of
Triangle and shall not be changed or amended by the merger.
4.3 Operatinl! Al!reement. The Operating Agreement of Triangle, as in effect on the
Effective Date, shall continue in full force.and effect as the Operating Agreement of Triangle and
shall not be changed or amended by the merger.
ARTICLE V
GENERAL PROVISIONS
5.1 Entire Al!reement. This Agreement constitutes the entire Agreement between
the parties and supersedes and cancels any other agreement, representation or communication,
whether oral or written, among the parties hereto relating to the transactions contemplated herein
ot the subj ect matter hereof.
5.2 Headinl!s. The headings in the Agreement are inserted for convenience only and
shall not affect in any way the meaning or interpretation of this Agreement.
5.3 Expenses. Triangle shall pay all expenses of carrying this Agreement into effect
and of accomplishing the merger.
5.4 Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which as executed shall be deemed to be an original; and such counterparts
shall together constitute one and the same instrument.
2
(((H060001991523)))
(((H060001991523)))
IN 'WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as
of the date first written above.
TIUANGLE OLD BAY HOLDINGS, LLC
a Florida limited liability company
By: Triangle Property Ho 1dings~ LLC
Its: Managing Member
By Triangle.bId Bay Holdings, LLC
Its: Sole Member
By:
Ben
ISLAND VIEW PROPERTIES, LLC
a Florida limited liability company
By Triangle Old Bay Holdings.. LLC
Its: Sole Member
By: Triangle Property Holdings, LLC
Its: Managing Member
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(((H060001991523)))
(((H060001991523)))
TRIANGLE S.A. LAND, LLC
a Florida'limited liability company
By: -/lI~
Ron Pollack) Manager
HARRISON VILLAGE PROPER TillS, LLC
a Florida Ihnited liability company
By Triangle Old Bay Holdings) LLC
Its: Sole Member
1677164vl
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(((H060001991523)))
Exhibit G-2 Entity Name Changes
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Prepared by and relurn 10:
Thomas C. Nash,'rr, Esq.
Macfarlane Ferguson & Mc:Mullen
625 Coult Strc:et, Suite 200 (33756)
P.O. Box 1669
Clearwater, FL 33757
AFI~IDA VIT t\S TO CORPORA'm NAME
ST ATE OF'l:LORIDA
COUNTY OF PINELLAS
~
BEFORE ME, the undersigned authority, personally uppeared Benjamin Kugler,
Managing Partner of Islnna View Properties, LtC. a Florida limited liability COmpllDY (the
"Affiant''), who rlnll being duly sworn. deposes and says:
1. That Affiant is duly authorized to make this Affidavit.
, 2. That the AffilUlt is the Managing Partner of lsland View Properties. LLC, a
Florida limited liability company.
3. On April 29, 2004, Articll;S of Org!lIlization were filed with the Secretary of the
State of Florida for 302.30& N. OllCeola Properties lie,
4. On November 12, 2004, 302.308 N. Oscr::ola Properties U..C's name was c:hanged
to Island View Properties LLC (11 copy of the Articles of Amc:ndmcnt arc attached to this
Affidavit).
UNDER PENALTIES OF PERJURY, WE DECLARE THAT WE HAVE EXAMINEI) THIS
CERTIFICATION AND TO 'rHE BEST OF OUR KNOWLEDGE AND BELIEF IT JS TRUE,
CORRECT AND COMPLETE.
ISLAND VIEW PROPERTIES. I..I..C.
Q. Florida limited liability complmy
BY'~.
~ Bi - u r, Mnn artner
S'rA TE OF FLORIDA
COUNTY OF PlNELLAS
, hd
The foregoing instrument was acknowledged before me this ~ dllY of May, 2006, by
Benjtunin Kugler. Mana~g Partner of Isllmd View I)ropertics, 'lie, a Florida limited lillb,iIity
compuny, ~
l'cl'tloqally Known OR Produ~ed Idc:ntificntion _
Type ofIdeDtln~ation Provided
~....".. PI\Ml:lAJ~
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" . Mr~l!.1rIIIiItIIJd)l.4OlI9
CGrIwnIosion, DO 4Ml38
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AU6-28-2006(MON) 11: 19
H!;l4000226395
...
ARTICLES OF AMENDMENT
~9 1. Name ,
The name:: of this Florida limited liability company is 302 .. 308 N. Osceola Properties u.c
Arti~e If. Date of Articles of Otianization
The Company' 5 Articles of Organization were filed on April 29. 2004.
Articl~ ID. Amendment
TheArticJes of Organization of the limited Liability Company are amended so that tbe
Dame of the Limited Liability Company is clumged from 302 - 308 N. Osceola
Properties LLC to Island View Properties. LLC ,
Article IV. Date Amendment Adooteq
The amendment set forth in these Articles of Organization was adopted on the date
shown bclow.
The undersigned executed this documc.ot on the date shown below.
302 - 308 N. Osceola Properties Ltc
BY:~ '
by D. Stoutt ll.S attoraey-i>>-factfQr Benjamin Kugler
Name: Be.ojamla Kugler
ntle: Manager
Date: N~~ember 12. 2004
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Corporate Croatfons Intemationallnc.
&41, Fourth Street
Mlamf Beach FL 33139
(305) 672-0688
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H04000226S95
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. ".' H04000226391
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The .name of this Florida limited. liability (;()ft1pany is Osceola-Iones Properties LLC
~dI.J(~e 9f Article.~ut.OI:g8J1i7Mion
The Company's Articles of Organization wete filed 011 April 2~ 2004.
~
The Articles of Organization ofthc Umited Liability CoqJany are amended so that the
name of the Limited Liability Compeny is changed from Osceola-J'ones Propmties LLC
to Harrison Village Propertiest LLC
A11icl~lV. p~ Amendm~ Ado~'
The amendment set forth in these Articles of Org~,zation was adopted 011 the clam
shown below. '
r The undersigned executed this docwnent on the date shown below.
Osceola-Jones PIwcrties LLC
By:~-~ llCI\lIml K aI
by O. Stoutt as auomey-m-QIlI: or 11 U ~.
Name: ~amin Kugler.
lidc: Manager ,
.Date: _~ovember 12, ~
CorporaI& O'eetIons Intemationallnc.
941 Fourth Street
Miami Beach FL 38139
(305) 1372-0ssa
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AUG-28-2006(MON) 11:20
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" ,Exhibit "H" - This describes the 2.0 acres set aside for supporting the Phase 1 entitlements
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LINE TABLE
BEARING
L1 SOUTH
L2 EAST
L3 SOUTH
L4 EAST
L5 NORTH
L6 EAST
L7 NORTH
L8 EAST
L9 NORTH
L1 0 WEST
L11 RTH
L 12 ST
L1 ORTH
SECTION 9 TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3324-02
J.E.G.E.llil
BNDY.. BOUNDARY
COR.. CORNER
OR - OFFICIAL RECORDS BOOK
PB .. PLAT BOOK
PG - PAGE
POB - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
R/W - RIGHT-OF-WAY
SR - STATE ROAD
US - UNITED STATES
P.O.C.
NORTHEAST CORNER LOT 1
JEANNIE CATES
SUBDIVISION P.B. I, PAGE
64
LINE
DISTANCE
6.00'
28.66'
11.89'
45.49'
33.88'
4.83'
16.23'
5.4"
1 .33'
5.4"
16.23'
4.83'
33.88'
SOUlHERLY...R/W
8040' 45"W ~
150.03' ~
~ I LOT , ~
~6 ~~
A.B. CAlES ~
s.uaor ION P.B. 1
PG. 6r I LOT 2 ~
~ r LOT> I !
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rLOT 4A -PA~T OF-SECTION
00 9, TOWNSHIP 29 SOUTH, ....
(/) RANG] 15 EAST 0::
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SCALE: 1"=100'
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9
A. 8. & JENNIE CATES
suaOMSION
pa ~, PC 64
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P T OF SECTION 9, TOWNSHIP 29 ~ -:-
S TH. RANGE 15 EAST
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A PORTION LOTS
2 & 3 BLOCK
9044"8"W 225.56'
LOT B
L BERGENS REPLAl
P.B. 26 PG. 41
--
LOT , LOT 2
I 8LOCK 2 BLOCK 2 I I
JON S SUBDIVISION OF LOT A
NICH SON'S :iDOl ON T :J
L TO CL ARWATER H RBORS CK. 21 L -l
P.B. 1 P .13
-':\ILLS QRQUGH
JQIIES SlREET NORTHERLY R/W. UNE
(UNDER CONSTRUCTION)
NOT A SURVEY
ITEM
DATE BY QC
SHEET 1 OF 2
POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 611J
18850 U.S HIGHWAY 19 SUITE 500
"'~A~W4T>~ ~'f1~ln4 ~~71'1A.
SKETCH & DESCRIPTION
1/19/07 DHR DDF
ISLAND VIEW
A CONDOMINIUM
DUA~I:' 1
. ~
DESCRIPTION
SECTION 9 TOWNSHIP 29S, RANGE 15E
PINELLAS COUNTY, FLORIDA
PROJECT NUMBER 3324-02
A PORTION OF LOTS 1 THROUGH 7 OF A.B. & JENNIE CATES SUBDIVISION, AS RECORDED IN PLAT BOOK 1 PAGE 64 OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PORTION OF GOVERNMENT LOT 4 IN SECTION 9, TOWNSHIP
29 SOUTH, RANGE 15 EAST AND A PORTION OF A VACATED ALLEY PER O.R. BOOK 7546, PAGE 607 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, AND A PORTION OF LOTS 2 AND 3 BLOCK 2 OF JONES SUBDIVISION OF
NICHOLSON'S ADDITION TO CLEARWATER HARBOR AS RECORDED IN PLAT BOOK 1 PAGE 13, PUBLIC RECORDS OF
HILLSBOROUGH COUNTY OF WHICH PINELLAS COUNTY WAS FORMERLY A PART AND A PORTION OF THE EXISTING
RIGHT-OF-WAY OF OSCEOLA AVENUE NORTH AND A PART OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST AND
LOT A AND B OF CLOVIS C. LUTZ SUBDIVISION AS RECORDED IN PLAT BOOK 35, PAGE 76 OF THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA AND A VACATED ALLEY LYING NORTH OF LOT A OF SAID CLOVIS C. LUTZ SUBDIVISION, ALL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1 OF JENNIE CATES SUBDIVISION, ALSO BEING THE INTERSECTION
OF THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF NORTH FORT
HARRISON AVENUE THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF GEORGIA STREET S.88'40'45"W., 150.03
FEET TO THE POINT OF BEGINNING; THENCE S.00'16'19"E., 421.80 FEET; THENCE N.89'44'18"W., 225.56 FEET; THENCE
S.00'50' 40"W., 3.97 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF LOT B OF SAID CLOVIS C. LUTZ SUBDIVISION
BY THE FOLLOWING THREE COURSES: 1 - S.89'59'22"W., 167.07 FEET; 2 - THENCE N.00'08'39"W., 13.65 FEET; 3 _
THENCE S.89'59'22"W., 77.69 FEET; THENCE ALONG THE MEAN HIGH WATER LINE OF CLEARWATER HARBOR BY THE
FOLLOWING COURSE: 1 - N.13'38'13"E., 76.07 FEET; N.88'39'45"E., 31.58 FEET; THENCE N.32'49'39"E., 53.01 FEET;
THENCE N.63'41'46"W., 31.55 FEET; THENCE N.89'59'17"E., 210.46 FEET; THENCE N.00'16'19"W., 7.61 FEET; THENCE EAST,
70.70 FEET; THENCE SOUTH, 6.00 FEET; THENCE EAST, 28.66 FEET; THENCE SOUTH, 11.89 FEET; THENCE EAST, 45.49
FEET; THENCE NORTH, 33.88 FEET; THENCE EAST, 4.83 FEET; THENCE NORTH, 16.23 FEET; THENCE EAST, 5.41 FEET;
THENCE NORTH, 17.33 FEET; THENCE WEST, 5.41 FEET; THENCE NORTH, 16.23 FEET; THENCE WEST, 4.83 FEET; THENCE
NORTH, 33.88 FEET; THENCE WEST, 48.82 FEET; THENCE NORTH. 167.56 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.029 ACRES MORE OR LESS.
NOTES
- J~_I3_EARlNG_SnAREmnEiASEDONTHE - EAST RIGHT=-OC...,WAYUNE-OF-'--OCE-OLA AVENlJE AS-SUMEDAS _
NOO'50' 51 "E .
2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC.
3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN
VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR.
NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN
THOSE CERTIFIED TO.
4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL,
HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS.
5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT
TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD.
CE RTIFICATION
I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES.
SKETCH & DE SCRIPTION
~/19/07 DHR OOF I
ISLAND VIEW
A CONDOMINIUM
DUA~r 1
DAN H. RIZZUTO
PROFESSIONAL SURVEYOR AND MAPPER
LS5227, STATE OF FLORIDA SHEET 2 OF 2
l-f POLARIS ASSOCIATES INC.
PROFESSIONAL SURVEYING LB 671 J
18850 U.S HIGHWAY 19 SUITE 500
('I ~4~W4 T>~ ~I f1~1n4 "("(7'::'"
NOT A SURVEY
ITEM
DATE BY QC