TERMINATION AND RELEASE OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENTPrepared by and after
recording return to:
E.D. Armstrong, III, Esq.
Hill, Ward & Henderson, P.A.
600 Cleveland Street
Suite 800
Clearwater, FL 33755
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY. FL
INST# 2016000415 01/0412016 at 11:40 AM
OFF REC BK: 19039 PG: 1201 -1205
DocType:TERM RECORDING: $44.00
TERMINATION AND RELEASE OF SECOND AMENDED
AND RESTATED DEVELOPMENT AGREEMENT
THIS TERMINATION AND RELEASE OF SECOND AMENDED AND RESTATED
DFVELOPMENT AGREEMENT (the "Termination ") is made on the 17 'day of
ne 1✓L 2015, by 25 COUNTRYSIDE WEST, L.L.C. ( "Current Owner "), successor -
in- interest to EXECUTIVE CORPORATION OF CLEARWATER, INC. ( "Previous Owner "), a
Florida limited liability corporation, and the CITY OF CLEARWATER, a municipal corporation
( "City ").
RECITALS
WHEREAS, as an apparent condition to approval for the development of the real
property described on Exhibit A attached hereto and incorporated by this reference (the
"Property "), Previous Owner and City entered into that certain Second Amended and Restated
Development Agreement dated May 30, 2006, and recorded in Official Records Book 15155,
Page 2700 (which amended and restated in its entirety that certain Development Agreement
between Previous Owner and City dated May 31, 2005, recorded in Official Records Book
14358, Page 1019, of the Public Records of Pinellas County, Florida (the "Agreement "); and
WHEREAS, the Agreement runs with the land, and is binding on successive owners; and
WHEREAS, the City has determined that the Property has not been developed, either by
Current or Previous Owner, as set forth in the Concept Plan described in the Agreement; and
WHEREAS, paragraph 10 of the Agreement provides for the termination of the
Agreement if the Owners obligations as set forth in the Agreement are not followed in a timely
manner; and
WHEREAS, the City Council held a public hearing on 1 J I i , 2015, and
thereby passed Resolution consenting to the termination and release of the Agreement;
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City
terminates the Agreement and hereby releases the Property described in Exhibit "A" from all
terms, conditions, agreements and covenants contained in the Agreement, including, without
limitation, the restrictions on the development of the Property as contained in Paragraph 6.1.3.
The City hereby affirms and agrees that: (a) no provision, term, covenant or condition in said
Agreement remains in effect as of the date hereof; and (b) the City claims no right, title or
interest of any kind or nature in said Property or the improvements located thereon. This Release
is executed in favor of the Current Owner and may be relied on by the Current Owner and any
successor to the Current Owner in title to the Property.
THIS RELEASE has been executed as of the above - written date by the Current Owner
and the City.
[Remainder of Page Intentionally Blank]
[GM15 -1420- 190/174973/1] - 2 -
(SIGNATURE PAGE TO TERMINATION AND RELEASE OF SECOND AMENDED
AND RESTATED DEVELOPMENT AGREEMENT)
IN WITNESS WHEREOF, CURRENT OWNER has executed this Agreement on the day
and year first above written.
STATE OF FL clkZIDA
COUNTY OF I-1,v QUA"
e foregoing instrument was acknowledged before me on i si i 10 2015, by
POr l E-&j4!4 ( Pais 6'VIAt.� t1G Iti i of 25 COUNTRYSIDE WEST, L.L.C., a Florida
limited liability corporation, on behalf of such entit • - rson is personally known to me or
has produced a valid driver's license as identific
CURRENT OWNER:
25 COUNTRYSIDE
limited liabilit
By:
Print Name:
Title:
, L.L.C., a Florida
ion
Robert E. Sch ' : t, Jr.
Managing Member
NOTARY PUBLIC — STATE OF FLORIDA
My Commission Expires: 54/20 )
[GM15-1420-190/174973/1] 3
PATRICIA M. MCMANUS
NOTARY PUBLIC - STATE OF FLORIDA
COMMISSION # EE197398
EXPIRES 5/9/2016
BONDED THRU 1- 888-NOTA Y1
(SIGNATURE PAGE TO TERMINATION AND RELEASE OF SECOND AMENDED
AND RESTATED DEVELOPMENT AGREEMENT)
Countersigned:
— qeorter crt405
George retekos
Mayo
A..rov d as , orm:
atilx
Cam
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was
I Ls2w , 2015, by GEORGE N.
Florida, who is [ V ] personally
as
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By:
Attest:
(A) .4/104,,c,----Lt
William B. Horne II
City Manager
Rosemarie Call
City Clerk
acknowledged before me this o1`- day of
CRETEKOS, as Mayor of the City of Clearwater,
known to me or has [ ] produced
identification.
Notary Public
Print Name:
or oP; Scott Burrows
•' i =MISSION flft64993
My Commission Expires:
Inat
EXPIRES: October 1, 2018
WWW.AARONNOTARY.COM
The foregoing instrument was acknowledged before me this 02411 day of
L.(_ _ L , 2015, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ /'] personally known to me or who has [ ] produced
as identification.
Notary Public
Print Name:
My Commission Expires:
[GM15- 1420 - 190/174973/1] - 4 -
Scott Burrows
COMMISSION 1 FF164993
EXPIRES: October 1, 2018
WWW.AARONNOTARY.COM
EXHIBIT A
Legal Description
LOTS 1 THROUGH 240, INCLUSIVE AND TRACT A, COSTA VERDE, ACCORDING TO
THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 132, PAGES 38
THROUGH 55, INCLUSIVE, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
7211238v1