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16-05
RESOLUTION NO. 16 -05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING TERMINATION OF A DEVELOPMENT AGREEMENT AND THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (COLLECTIVELY "THE AGREEMENT ") BETWEEN THE CITY OF CLEARWATER AND CLEARWATER CHRISTIAN PRIVATE SCHOOL, INC., A FLORIDA NON - PROFIT CORPORATION, AND ITS SUCCESSORS, AND AUTHORIZING APPROPRIATE OFFICALS TO EXECUTE SAME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater entered into a Development Agreement with Clearwater Christian Private School, Inc. (hereinafter "Clearwater Christian "), a Florida Non - Profit Corporation, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida concerning the development of 131.05 acres owned by Clearwater Christian (the Development Agreement is attached hereto as Exhibit A); and WHEREAS, the Development Agreement was amended by the First Amendment to Development Agreement, dated October 27, 2010, recorded in O.R. Book 17078, Page 179, Public Records of Pinellas County, Florida (the First Amendment to Development Agreement is attached hereto as Exhibit B); and WHEREAS, the City and Clearwater Christian mutually agree to a termination of the Agreement, pursuant to section 163.3237, Florida Statutes (the Termination is attached as Exhibit C); and WHERAS, the termination is contingent upon the City's purchase of a portion of the Clearwater Christian property, as more particularly described in Exhibit D. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Sectionl. The Agreement between the City of Clearwater and Clearwater Christian, which is attached as Exhibits A and B, is to be terminated, contingent upon the closing of the City's purchase of a portion of Clearwater Christian's property, as more particularly described in Exhibit D. Section2. Hereby authorizes appropriate officials to execute the Termination of Development Agreement, as amended, which is attached as Exhibit C. Resolution No. 16 -05 Section 3. This resolution shall take effect immediately. PASSED AND ADOPTED this / s+ day of app , 2016. CO( CI:6)Y (Crt 4O( Camilo A. Soto Assistant City Attorney George N. Cretekos Mayor Attest: tom'- /"YL c ,2 et- 0 Rosemarie Call City Clerk 2 Resolution No. 16 -05 Resolution No. 1.6 -05 Exhibit A DEVELOPMENT AGREEMENT' KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010233408 08118/2010 at 11:53 AM OFF REC BK: 17005 PG: 630 -679 DocType :AGM RECORDMNG: 8426.50 THIS DEVELOPMENT AGREEMENT ( "Agreement ") is dated 2010, effective as provided in Section 5 of this Agreement, and entered into s: u+ ong CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non- profit corporation, its successors and assigns (collectively, "Developer "), and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof ( "City "). RECITALS: WHEREAS, 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; WHEREAS, 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; WHEREAS, the Developer owns approximately 138 acres of real property located at 3400 Gulf -to -Bay Boulevard in the corporate limits of the City, which is comprised of several areas, two of which are subject to this Agreement totaling approximately 131.05 acres m.o.l. ( "Property "); WHEREAS, the two described properties subject to this Agreement are hereinafter referred to as "Master Plan Area" and "Mitigation Area" as more particularly described on Exhibit A attached hereto and incorporated herein; WHEREAS, the Developer desires to develop the Master Plan Area with additional educational, dormitory and athletics facilities and associated parking, generally conforming to the conceptual plan shown on Exhibit B attached hereto and incorporated herein (the "Master Plan "); WHEREAS, the Developer desires to place a conservation easement on the Mitigation Area which is approximately 98.99 acres m.o.l. of the Property in conjunction with a mitigation plan approved by the appropriate state and federal agencies, generally conforming to the requirements shown on Exhibit C attached hereto and incorporated herein ( "Mitigation Plan "), providing an opportunity for the expansion of the Coopers Point Nature Park (Master Plan Area improvements and Mitigation Plan, collectively, "Project "); WHEREAS, the Developer desires for the City to vacate the right of way and associated access easement known as Damascus Road while retaining an updated ce, Resolution No. 16 -05 Exhibit A easement for the purpose of relocating the road and providing greater access to and from Coopers Point Nature Park; WHEREAS, the Developer has requested a future land use map amendment resulting in a change of approximately 13.35 acres m.o.l. of the Property; WHEREAS, the Developer has requested a future land use map amendment from Institutional (1), Preservation (P), Residential Low (RL), Commercial General (CG) and Water/Drainage Feature to Institutional (1), Water/Drainage Feature, Recreation/Open Space (R/OS) and Preservation (P) for those portions of the Property shown on Exhibit D attached hereto and incorporated herein ( "Proposed Future Land Use and Zoning Maps "); WHEREAS, the Developer has requested a zoning map amendment from Preservation (P), Commercial (C), Low Density Residential (LDR), Open Space/Recreation (OS/R), and Institutional (I) to Preservation (P), Institutional (I) and Open Space/Recreation (OS/R) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps; WHEREAS, the Developer desires to improve the environmental aspects of the Mitigation Area while offsetting the impacts of the Master Plan through the Mitigation Plan, as approved by the appropriate state and federal agencies; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Code; WHEREAS, the City has conducted public hearings as required by Sections 4 -206 and 4 -606 of the Code; WHEREAS, at a duly called and advertised public meeting on , 2010, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. 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: 2 Resolution No. 16 -05 Exhibit A SECTION I. Recitals. The above recitals are true and correct and are a part of this Agreement. 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. $ronertv Subiect to this Agreement. The Property, as defined herein, is subject to this Agreement. 3.1 The Property currently has future land use map designations of Institutional, Preservation, Recreation/Open Space, Water/Drainage Feature, Commercial General and Residential Low and is zoned Institutional, Preservation, Open Space/Recreation, Commercial and Low Density Residential. 3.2 Developer has requested a future land use map amendment from Institutional (I), Preservation (P), Residential Low (RL), Commercial General (CG) and Water/Drainage Feature to Institutional (I), Water/Drainage Feature, Recreation/Open Space (R/OS) and Preservation (P) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps. 3.3 Developer has requested a zoning map amendment from Preservation (P), Commercial (C), Low Density Residential (LDR), Open Space/Recreation (OS /R), and Institutional (I) to Preservation (P), Institutional (I) and Open Space/Recreation (OS/R) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps. 3.4. The Property is owned by Developer as is evidenced by the deeds attached as Exhibit E. 3.5 The Property is generally located at 3400 Gulf -to -Bay Boulevard, Clearwater, Florida. SECTION 4. Scone of Proiect 4.1 The Project shall consist of a campus Master Plan, including athletics, dormitory, classroom, parking and educational facilities as generally depicted on the Master Plan, as well as a Mitigation Plan for the Mitigation Plan Area. 4.2 The Project shall include 685 parking spaces, as shown on the Master Plan attached where 386 are existing today. 4.3 The proposed floor area ratio on the Master Plan Area shall not exceed .149 nonresidential area and the proposed density shall not exceed 750 dormitory beds where 3 Resolution No. 16 -05 Exhibit A over 768 would be permitted (using the multiplier of 3 beds per unit ( "Residential Equivalent Use "). The proposed height of the Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is no proposed density on the Mitigation Plan Area. 4.4 The Project complies with the guidelines of the Metropolitan Planning Organization's (MPO) countywide approach and the City's approach in conducting the Traffic Impact Study (TIS). The TIS demonstrates that the adjacent roadway network dose not degrade the acceptable level of service (LOS) as adopted in the City's Comprehensive Plan. 4.5 The Project shall include significant improvements to the wetlands and preservation areas adjacent to the Master Plan Area, as required by the state of Florida and the U.S. Army Corps of Engineers (USACOE). Such mitigation is known as the Mitigation Plan. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until: 5.1.1 this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Code Section 4- 606.G.2; 5.1.2 final approval and effectiveness of future land use map designations of Institutional (I), Recreation/Open Space (R/OS), Preservation (P) and Water /Drainage Feature on the Property; 5.1.3 final approval and effectiveness of zoning designations of Institutional (I), Open Space/Recreation (OS/R), and Preservation (P); and 5.1.4 final approval by the appropriate local, state and federal permitting agencies of the proposed jurisdictional line as shown on the Master Plan. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and Section 5.1.4 above, are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be 4 Resolution No. 16 -05 Exhibit A recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. Notwithstanding the foregoing, Developer may request an extension of time, via the Community Development Coordinator, for the completion of these contingencies for no more than twelve additional months. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed twenty (20) years. 5.4 In the event the obligations under this Agreement as specified in Section 5.1 and 6.1.4 are not met, this Agreement shall terminate pursuant to section 10 of this Agreement. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the 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 building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the attached Master Plan. Any minor revisions or changes to the Master Plan shall be approved by the Community Development Coordinator as a minor modification, pursuant to the Code, including modifications made necessary by a change in the proposed wetlands jurisdictional line, provided such modifications are in accordance with the City's standards for development. Any modifications determined by the Community Development Director as either inconsistent or constituting a substantial deviation from the approved Master Plan shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall apply for development approval for each construction portion of the Master Plan pursuant to Article 4, Division 2 of the Code, as amended from time to time. Final approval for development of phases shall not occur until such approval is obtained. Approvals shall be consistent with the Master Nan and the Stormwater Narrative, as attached hereto as Exhibit G, including the requirement of section 3 -907 of the City Code for an average 25 foot wetland buffer to proposed development. The parties agree the Master Plan meets this buffer requirement. 5 Resolution No. 16 -05 Exhibit A 6.1.3.3 The Developer shall obtain appropriate development orders and shall thereafter timely obtain building permits and required certificates of occupancy in accordance with the approved development orders. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code, Florida Statutes and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.4 The Developer shall be responsible for the following transportation obligations (collectively, "Transportation Obligations "): (i) Dedication of a perpetual easement of approximately 1.01 acres for ingress and egress to the City/Pinellas County property adjacent to the Master Plan Area ( "Coopers Point Nature Park "), as depicted on Exhibit F attached hereto and incorporated herein ( "Coopers Point Access ") and evidenced by a recorded, executed easement. Such easement shall be executed and recorded as a condition of and prior to any building permit for the relocation of Damascus Road, as shown on the Master Plan; (ii) Construction of the Coopers Point Access pursuant to City Construction Standards, as defined by the City Engineer, in conjunction with the construction of the Master Plan; 6.1.3.5 The residential density shall be limited to 750 beds where 768 beds would be permitted in the Institutional land use category using the Residential Equivalent Use of 3 beds per dwelling unit and the Institutional density of 12.5 dwelling units per acre pursuant to the Pinellas Planning Council Countywide Rule. 6.1.3.6 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater in accordance with the Tampa Bay Regional Planning Council recommendations for evacuation of a student population and include in its published Safety Manual. All students, faculty and staff shall receive a copy of such plan at the beginning of each school semester. All dormitory construction shall meet Florida Building Code standards for construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property. 6.1.3.7 In the event that the Florida Legislature, Pinellas County and/or the City enact a Mobility Fee requirement which supplements or supersedes the current Pinellas County countywide Traffic Impact Fee Ordinance, and the effective date of fee payment under said requirement occurs prior to issuance of Certificate of Occupancy, Developer shall pay the assessed amount under that Mobility Fee provision instead of, in accordance with that provision, the amount due under the current Ordinance. 6.1.3.8 Any exterior lighting for the areas on the Master Plan shown as athletic fields shall be consistent with the City Code for similar recreational facilities. All outdoor lighting shall be approved consistent with the approval process in section 6.1.5 and applicable state environmental guidelines. 6 Resolution No. 16 -05 Exhibit A 6:1.4 The Developer shall be responsible for applying for, and seeking approval from the appropriate state and federal agencies for an approved mitigation plan in the Mitigation Plan Area. Such approvals shall be obtained prior to the issuance of land clearing and building permits. The preferred method of mitigation is the creation of a mitigation bank as approved by the appropriate state and federal authorities pursuant to Fla. Stat. sec. 373.4136, as amended. In the event that the appropriate local, state and federal authorities do not approve a mitigation bank, the Developer will seek appropriate mitigation measures for the proposed impact as specified by the State, via the Southwest Florida Water Management District (SWFWMD), and the U.S. Army Corps of Engineers (USACOE). These measures shall, at a minimum, meet those standards set forth in the Mitigation Plan, including the establishment of a Conservation Easement over the Mitigation Plan Area. The City shall rely on the approvals by SWFWMD and USACOE for approvals of such mitigation. 6.1.5 All improvements shall be constructed, if at all, pursuant to the Master Plan attached hereto. Any proposed development not in conjunction with the Master Plan shall require an amendment to this Agreement, subject to the limitations provided for in section 6.1.6. Notwithstanding the foregoing, in the event a proposed development within the Master Plan Area is reflected on the Master Plan and conforms to the minimum standard, flexible development standard or flexible standard provisions of the Code, the Developer shall seek approval for such development pursuant to the requirements set forth in Article 4, Division 3 or 4 of the Code without seeking an amendment to this Agreement. 6.1.6 It is understood by the parties that the proposed development and agency permitting process may result in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan. In this event, and in the event that boundary line adjustment falls within the parameters for an Interpretation of District Boundaries under Community Development Code Section 1- 108.B, Developer agrees to notify the City and the City agrees to promptly process such an administrative adjustment to properly reflect the final jurisdictional boundary line on the City's future land use map ( "Administrative Boundary Change "). 6.1.7 It is understood by City and Developer that bald eagle nesting activity has been documented during the 2010 nesting season. Developer shall obtain and maintain any approvals and permits necessary from the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission ( "FWC "), including any required FWC permit for the construction near an active eagle nest, regarding activities to be conducted on the Property and their effects upon bald eagle nesting and other activities, prior to the issuance of land clearing and building permits, and shall further obtain the approval of City's Engineering Department, Environmental Division or equivalent, including a determination that the activities are in accordance with the City's Comprehensive Plan and Community Development Code. Evidence of such permits and approvals shall be provided to the City. Activities shall conform to the requirements of the Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668 -668c, and the Florida Bald 7 Resolution No. 16 -05 Exhibit A Eagle Management Program as incorporated in Florida Administrative Code Rule 68A- 16.002, including any minimization efforts and conservation measures set forth herein. 6.2 Obligations of the City. 6.2.1 Concurrent with the approval of this Agreement, the City shall promptly process the submitted amendments to the future land use map and zoning designations for the Property as set forth in Sections 5.1.2 and 5.1.3 of this Agreement. 6.2.2 In the event that the approvals required by state and federal agencies for the purpose of setting the proposed jurisdictional line separating the Master Plan Area (and associated future land use map and zoning categories) from the Mitigation Area (and Preservation land use and zoning categories), sets the boundary of the Master Plan Area in a location not consistent with the Master Plan Area boundary attached hereto, the City agrees to the extent possible to seek an Administrative Boundary Change, pursuant to section 6.1.6 of this Agreement. Any amendment to the Master Plan to reduce the amount of parking or setbacks that may be required due to the location of the jurisdictional line shall not require an amendment to this Agreement so long as the Developer continues to meet the standards as required by Code. Nothing herein shall relieve the Developer of pursuing the necessary approvals for the amendment of an approved site plan pursuant to the Code as stated in section 6.1.5. 6.2.3 The City shall promptly process site and construction plan applications, when submitted, for the Property that are consistent with the Comprehensive Plan, the Master Plan, this Agreement and that meet the requirements of the Code. 6.2.4 The final implementation of the future land use map and zoning re- designations referenced in Section 6.2.1 is subject to: 6.2.4.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.4.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.5 The parties acknowledge that the Master Plan Area and Mitigation Area Plan constitute independent sites as shown on the approved Master Plan. Accordingly, Developer may transfer ownership of either Master Plan Area, in its entirety, or Mitigation Area, in its entirety, without the consent of the City as further described in Section 14 of this Agreement. It is the parties understanding that the Mitigation Plan Area will be transferred in fee simple upon completion of certain Mitigation Plan activities. 6.2.6 As Developer proceeds with phased development of the Master Plan, such development shall be subject to the requirements of Article 4, Division 3 or 4 of the Code as may be amended from time to time; however, City agrees that Developer shall not be 8 Resolution No. 16 -05 Exhibit A required to amend its approved Master Plan or this Agreement in order to obtain such approvals. 6.2.7 In conjunction with this Agreement, the City Council agrees to promptly process an ordinance vacating the Damascus Road Right of Way and the existing access easement, and replacing it with the Coopers Point Access. The City hereby acknowledges that Developer is relying on the City's vacation as described herein for the completion of the road network as shown on the Master Plan. The Developer acknowledges that the granting of such vacations is discretionary by the City Council. 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, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees, subject to any restrictions or credits included in this Agreement. 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); 9 Resolution No. 16 -05 Exhibit A 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, (in addition to the termination provisions of Section 5.2 hereof), at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. 10.2 In the event of termination pursuant to Section 10.1, or failure to meet the conditions described in section 5, above, the Property shall return to its current future land use map and zoning designations as prescribed in the Countywide Rules, section 5.1.4.3. This obligation survives the termination of the Agreement for the time necessary to accomplish the redesignations. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until twenty (20) years after the date of this Agreement, the Property shall not be subject to down - zoning, 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 the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the 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 10 Resolution No. 16 -05 Exhibit A 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 the Developer: With copy to: If to City: Clearwater Christian College Private School, Inc. Attention: Randy Livingston 3400 Gulf to Bay Blvd. Clearwater, FL 33759 Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 City of Clearwater, City Attorney ATTN: Pamela Akin, Esquire 112 South Osceola Avenue 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 (3`d) 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. ASSIGNMENTS. 14.1 By the Developer. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Master Plan Area, in its entirety, or the Mitigation Plan Area, partially or entirely, without the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee "), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition and Developer shall be released from such obligations that have been assumed by the by the Assignee. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non - Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- Resolution No. 16 -05 Exhibit A compliance, in the judgment of the City Manager, reasonably exercised, is of 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 the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. 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 hereto are thereby limited, to the extent that the purpose of this Agreement or the 12 Resolution No. 16 -05 Exhibit A benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is 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. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. 13 Resolution No. 16 -05 Exhibit A IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: 44.10.4J az Printed Name: bor -a.� 049. E6/soi N a. 0 Printed Name: A \111 WI. a • CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation By: Richard Stratton President CITY OF CLEARWATER, FLORIDA By: 4: .✓,r t.6oa ut, 6r• V�i�r 1iam B. Horne II, City Manager Printed Name: 5 r LrD n Attest: eslie K. Dou Sides Assistant City • omey 14 Resolution No. 16 -05 Exhibit A STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 3 day of , 2010, by Dr. Richard Stratton, as President of CLEARWATER CHRISTIAN CO EGE PRIVATE SCHOOL, INC., a Florida non -profit corporation, on behalf of the corporation. He is ✓ personally known to me or has produced as identification. +61. "' L I IN\ F. SMITH H MY COMMISSION I DD 726903 � EXPIRES: February 18, 2012 ,ems Foe Bonded The Budget Wag % Mots No blic Lynn 3011-1 Print Name: STATE OF FLORIDA COUNTY OF PINELLAS /y ISiL VE Q I RD � Aeii.V 6s Gni /`1A n/A &E,e., The foregoing instrument was acknowledged before me this G day of , 2010, by 'd , as City Manager of the City of Clearwater, Flo da, who is personally known to me or who _produced as identification. Notary Public �AV1� Print Name: /Q , e. c.. • " /04A DIANE E MANNI MY COMMISSION * DD952016 EXPIRES March 06, 2014 �a F owe Exhibit A Legal Descriptions of Master Plan Area and Mitigation Area Exhibit B Master Plan Exhibit C Narrative of Mitigation Plan Exhibit D Project Future Land Use and Zoning Maps Exhibit E Deeds Exhibit F Coopers Point Access Exhibit G Stormwater Narrative 047504.117851 #528038 v12 • CLEARWATER CHRISTIAN/clearwater DVA 15 Resolution No. 16 -05 Exhibit A Exhibit A Legal Descriptions ' Resolution No. 16 -05 Exhibit A E1BIT "A" Page 1 of 6 LEGEND /ABBREVIATIONS LB = LICENSED BUSINESS R/W RIGHT OF WAY PG/P = PAGE ORB = OFFICIAL RECORDS BOOK • Master Plan Area SKETCH AND LEGAL DESCRIPTION THE NORTH 1/2 OF THE NE 1/4 SEC 16.TWP295,RGE16E EASTER TRACT PER ORB 16135, PG 2664 NORTH 0 200 400 1 1 GRAPHIC SCALE THIS SPACE RESERVED FOR RECORDING INFORMATION EASTERLY PROJECTION OF THE NORTHERLY UNE OF GOVT LOT 4 RAD: 235.75' ARC: 195.98' C4 CH: 190.39' CHB: N1816'13 "W DELTA: 47'37'49" RAD: 32.00' ' ARC: 40.04' C3 CH: 37.46' CHB: N21'03'S5 "E DELTA: 71'38'38" GOVT LOT 3 RAD: 5475.83'. A 150.00' CH: 1 50.00' CHB: N83'22'38 "E DELTA: 01'34'10" C2 528, 46' '35'34 -W R/W C3 C4 z H W 16- T29S -R16E S8910'50'E 524.51' ARC: C2 I 0 L2 C1 �2 J STATE ROAD 60w RAD: 5525.83' r`���TO�BAUSEWAY ARC: 151.37' COURTNEY CAMPBELL Cl - CH: 151.36' COUR OAM5 CAUSEWAY , CHB: 583 22'38 "W DELTA: 01'34'10" l to 0 W N 0, OLD TAMPA BAY POINT OF BEGINNING FOR GEOMETRY UNE TABLES AND NOTES, SEE SHEET 2 OF.3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET '3 OF 3 . LB /2232 /7565 WADE TRIM A WADE TRIM COMPANY - CP& ENGINEERING 1k IANO SURVEYING SINCE 1976 1410 LPCA Blvd, Suite 148, Daytona Beach, F. 32117 Phone: 386 -274 -1600 Fox 386 -274 -1602 . ZZl229009M RETAINED2.DWG SKETCH & DESCRIPTION OATS: JULY 12, 2010 SHEET 1 OF 3 t" =400' Resolution No. 16 -05 Exhibit A kx1IBIT "A" Page 2 of 6 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING LI 50.00 N05•50'16'W L2 75.89 N82'35'34'E L3 17.60 N1B•25'35'E L4 11.75. N66'10'36'W L5 36.90 N07.24'44'E L6 34.57 N27'46'29'E L7 26.14 N22'06'03'E L8 21.03 S85'27'49'E L9 47.05 N00'22'32'W L10 10.17 N76.03'099W L11 - 49.43 N09'14'50'W L12 49.13 N21•51'04'W L13 15.55 N61•45'36'W 1.14 36,76 N39'48'21'W L15 -. 38.04 NO3'51'29'E L16 39.77 N01•01'26'W L17 22.62 N39•14'16'W L18 6.68 NO2'01'S0'E L19 21.83 N48'07'04'E L20 23.22 N23.43'0E1'1/ L21 17.15 N60.13'20'E 122 10.05 N06'42'31•E L23 13.11 N41'89'06'1/ L24 25.74 N45'22'31'E L25 23.82 463•18'48'E L26 49.94 N53•55'07'E L27 56.85 N00'16'34•W L28 180.68 N89'43'26'E L29 107,99 N00'16'34'W L30 17.99 N89.43'26% L31 68.66 N00'56'4991 L32 71.74 N14'00'29'W L33 67.82 N14•13'49'W L34 56.35 N14'40'09'W L35 - 33,98 N14•45'24-W L.36 156.14. N56'53'14'E L37 62.82 N69'40'42'E L38 14.89 N61'22'43'E L39 82.57 N71'52'59'E 1HIS SPACE RESERVED FOR RECORDING INFORMA ?ION L40 53.45 N73.20'S1'E L41 89.41 NO6•i2'39'E 1_42 139.90 N89'59'27'E L43 98.98 N59'58'40'E L44 36.67 N59'58'40'E L45 39.40 N59'58'40'E L46 62.41 N59•58'40'E L47 25.85 N18.16'39 "E L48 33.69 N19'31'42'W L49 5328 N45'49'14'E L50 26.81 N79'47'39'E L51 74.24 S89•45'54 "E 1.52 67.91 S60'10'21'E L53 67.11 S90'00'00•E SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, YON THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING 582:35'34 "W. 2. THERE MA Y BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). .3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, ANO IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. LB /2232 17565 WADE TRIM Chit ENGINEERING & LAND SURVEYING SI4CE 1976 1410 LPGA Blvd., Suite 148, 0ortono Bench. FL 32111 ZZZ229009M Phone: 386- 274 -1600 FOE 386- 274 -1602 REUAINE02.DWG SKETCH & DESCRIPTION DATE: JULY 12, 2010 SHEET 2 OF 3 KJK Resolution No. 16 -05 Exhibit A EXHIBIT "A" Page 3 of 6 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR LEGAL DESCRIPTION RECORDING INFORMATION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 18 EAST, AND THE NORTH 'A OF THE NORTHEAST 4 OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF -WAY LINE OF STATE ROAD 80 ALSO KNOWN AS GULF- TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF BEGINNING; THENCE S82'35'341N ALONG SAID NORTHERLY RIGHT-OF -WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'34'10', A CHORD BEARING OF S83•2238'W AND A CHORD DISTANCE OF 151.36 FEET TO A NON - TANGENT LINE; THENCE DEPARTING SAID NORTHERLY RIGHT-OF -WAY UNE N05'50'161N ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'34'10: A CHORD BEARING OF N83•22'38"E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N8Y35'34"E FOR A DISTANCE OF 75.89 FEET; THENCE N181..535'E FOR A DISTANCE OF 17.60 FEET: THENCE N6810'36W FOR A DISTANCE OF 11.75 FEET; THENCE N07°24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'48'29'E FOR A DISTANCE OF 34.57 FEET; THENCE N22•08'03"E FOR A DISTANCE OF 26.14 FEET; THENCE S85•2T49'E FOR A DISTANCE OF 21.03 FEET; THENCE N00'27321N FOR A DISTANCE OF 47.05 FEET; THENCE N78•03'09W FOR A DISTANCE OF 10.17 FEET; THENCE NO9•1410'W FOR A DISTANCE OF 49.43 FEET; THENCE N21•51'04W FOR A DISTANCE OF 49.13 FEET; THENCE N61•45'38'W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21 'W FOR A DISTANCE OF 36.78 FEET; THENCE NO3'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE N01•01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39•1418"W FOR A DISTANCE OF 22.62 FEET; THENCE NO2•01'SO'E FOR A DISTANCE OF 6.68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23 °43'08W FOR A DISTANCE OF 23.22 FEET: THENCE N60'13'20'E FOR A DISTANCE OF 17.15 FEET; THENCE N06•42'31'E FOR A DISTANCE OF.10.05 FEET; THENCE N41'29'06'W FOR A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'1848'E FOR A DISTANCE OF 23.82 FEET; THENCE N53•55'07 -E FOR A DISTANCE OF 49.94 FEET; THENCE N00'16'34'W FOR A DISTANCE OF 56.85 FEET; THENCE N89'4326'E FOR A DISTANCE OF 180.68 FEET; THENCE N00•1634'W FOR A DISTANCE OF 107.99 FEET; THENCE N89 °43'26'E FOR A DISTANCE OF 17.99 FEET; THENCE N00'56'49W FOR A DISTANCE OF 88.66 FEET; THENCE N14'00'29W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'49"W FOR A DISTANCE OF 67,82 FEET; THENCE N14'40119W FOR A DISTANCE OF 56.35 FEET; THENCE N14- 4524'W FOR A DISTANCE OF 33.98 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING, A RADIUS OF 32.00 FEET, AN ARC LENGTH OF 40.04 FEET, A CENTRAL ANGLE OF 71•38'38", A CHORD BEARING OF N21'03'55 "E AND A CHORD DISTANCE OF 37.46 FEET TO A POINT OF TANGENCY; THENCE N56 •53'14'E FOR A DISTANCE OF 156.14 FEET; THENCE N69'40'42'E FOR A DISTANCE OF 82.82 FEET; THENCE N61'22'43'E FOR A DISTANCE OF 14.89 FEET; THENCE N71•52'59•E FOR A DISTANCE OF 82.57 FEET; THENCE N73•20'51'E FOR A DISTANCE OF 53.45 FEET; THENCE N06•12'39 -E FOR A DISTANCE OF 89.41 FEET; THENCE N89•59'2TE FOR A DISTANCE OF 139.90 FEET TO A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 235.75 FEET, AN ARC LENGTH OF 195.98 FEET, A CENTRAL ANGLE OF 4737'49', A CHORD BEARING OF N181 6'13W AND A CHORD DISTANCE OF 190.39 FEET TO A NON-TANGENT LINE; THENCE DEPARTING SAID CURVE N5918'40'E FOR A DISTANCE OF 98.98 FEET; THENCE N59- 58'40'E FOR A DISTANCE OF 36-67 FEET; THENCE N59 °58'40•E FOR A DISTANCE OF 39.40 FEET; THENCE N59•58'40'E FOR A DISTANCE OF 62.41 FEET; THENCE N18•16'39"E FOR A DISTANCE OF 25.85 FEET; THENCE N19•31•42"W FOR A DISTANCE OF 33.69 FEET; THENCE N45•49'14'E FOR A DISTANCE OF 53.28 FEET; THENCE N79°4719'E FOR A DISTANCE OF 26.81 FEET; THENCE S89'45'54"E FOR A DISTANCE OF 74.24 FEET; THENCE S80-1021 -E FOR A DISTANCE OF 67.91 FEET; THENCE S90'00'00'E FOR A DISTANCE OF 67.11 FEET TO THE EAST LINE OF SAID SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00'00'00' W ALONG SAID SECTION LINE FOR A DISTANCE OF 659.12 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE DEPARTING SAID SECTION LINE S89'30'50"E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S43'23'49W FOR A DISTANCE OF 763.40 FEET; 2) THENCE 844°3811W FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL CONTAINS 32.06 ACRES, MORE OR LESS. ! HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J- 17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE, KENNETH J. KUHAx FLORIDA PROFESSIONAL SURVEYOR/MAPPER #6105 LB 12232 #7565 WADE TRIM avi. ENGINEERING a 1AN0 SURVEYNC SINCE 1976 1410 !PGA 8114., Suile 148, Doytono Beach. FL 32117 Phone: 386 -274 -1600 Fox: 386 -274 -1602 SKETCH & DESCRIPTION DATE: ,1111.Y 12, 2010 ZZ122900911I RETAINED2.DWG SHEET 3 OF 3 KJK Resolution No. 16 -05 Exhibit A DCHIBIT "A" Page •4 of. & t NORTH 0 200 400 I � 1 GRAPHIC SCALE S52'41'38 "W N8912'51 "W / 97.82' 81.65' S52'42'01"W C5 73.01' C6 MITIGATION AREA SKETCH AND LEGEND/ABBREVIATIONS LEGAL DESCRIPTION LB = LICENSED BUSINESS' R/W = RIGHT OF WAY PG/F' = PAGE ORB = OFFICIAL RECORDS BOOK NORTH UNE OF SEC 16- T29S -R16E THIS SPACE RESERVED FOR RECORDING INFORMATION RAD: 418.31' ARC: ' 208.37' 01: 206.22' 048: 538'25'25 "W DELTA: 2812'27" RAD: 268.31' ARC: 243.90' ' CH: 235.59' CHB: 526'39'08 "W DELTA: 52'04'59" N89'32'51'W 2136.42' THE NORTH 1/2 OF THE NE 1/4 SEC 16. TWP 29 S. RGE 16 E 98.99 ACRES RAD: 235.75' ARC: 195.98' MORE OR LESS C4 CH: 190.39' 0H8: N1816'13 "W DELTA: 47'37'49" RAO :.5475.83' ARC: 150.00' C2 . CH: 150.00' CHB: N83'22'38 "E DELTA. 01'34'10" RAD: 5525.83' ARC 151.37'. C1 CH: 151.36' CHB: S83"2218 "W DELTA: 01'34'10" S89'22'57"E 344.66' EASTER TRACT PER • ORB 16135. PG 266'4 C3 GOVT LOT 3 POINT OF R/W BEGINNING RAD: 32.00' ARC: 40.04' CH: 37.46' CH& N21'03'S51 .O. DELTA: 71'38'38 " G3 0 � 0 I 0 G C2 .34 W C3 GOVT LOT 4 C4 or 0 z U W . GOVT LOT 1 0 a 8.46' 1 STATE ROAD 60VD Y C BEU_ CAUSEWAY COUR DAVIS CAUSEWAY RAD: 5525.83' ARC: 468.01' CH: 487.85' CHB: N86'41'32 "E DELTA: 05'03'36" LB 12232 /7565 S U U W W TAMPA BAY POINT OF REFERENCE FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM A MADE TR61 COMPANY C1Yt ENGWERING & LAND SURSE11NG SWCE 1976 1410 LPGA Blyd., Suite 148, Daylano Beoth, FL 32117 OVERALL Phone 386 -274 -1600 Fox 366- 274 -1602 LESSX.DN►G SKETCH dc DESORPTION DATE: JULY 7, 2010 SHEET 1 OF 3 I 1" = 400' Resolution No. 16 -05 Exhibit A FBIT "A" Page 5 of '6 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING LI S06'12'39'W 50,00 N05•50'16'W L2 L43 75.89 N82•35'34-E L3 36.67 17.60 N18.25'35"E L4 N59•58'40'( 11.75 N66•10•36'W L5 L47 36.90, NOT 24'44'E L6 33.69 34.57 N27•4 6'29'E L7 N45•49'14•E 26.14 N22•06' 03'E L8 151 21.03 S85'27'49•E L9 67.91 47.05 N00•22'32'w L10 S90•00' OWE 10.17 N76•03•09•W L11 49.43 No9.14'50'w 112 49.13 N21•51'04'w L13 " 15.55 N6r45'36'W L14 36.76 N39•48•21•W L15 38.04 NO3•51'29'E L16 39.77 N01•01'26'w L17 - • 22.62 N39•14'16'W L18 6.68 NO2.01'50'E L19 21.83 N4 8•07•04•E 120 • 23.22 N23'43'0B'W 121 17.15 N60•13'20'E L22 10.05 N06.4 2'31'E L23 13.11 N4 1'29'06'W L24 25.74 N45.22'311 125 23.82 N63•18'48•E L26 49.94 N53•55'07•E L27 56.85 NO0'16•34'W L28 180.68 1489'43'26'E 129 107.99 N00•16'34'W 130 17.99 1489•43'26'E 131 68.66 . N00•56'49'W 132 71.74 N14•00•29'V L33 67.82 N14•13'49•W 134 56.35 S1464 0•09•E L35 33.98 S14'45•24•E 136 356.14 556'53'14'V L37 62.82 S69•40•4 2'w L38 14.89 S61•22•4 3'w L39 82.57 S71'52'59'W THIS SPACE RESERVED FOR RECORDING INrORMATION 140 53.45 S73•20'S1'W 141 89.41 S06'12'39'W L42 139.90 N89'59'27•E L43 98.98 N59.58'40'E L44 36.67 N59•58•40•E L45 39.40 N59•58'40'( L46 62.41 1459.58'40'E L47 25.85 N1816'39•E 148 33.69 N19.31'42'V L49. 5328 N45•49'14•E L50 26.81 N79•4 7'39"E 151 74,24 S89•45'54'E L52 67.91 S6010'21 "E L53 67.11 S90•00' OWE SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, NTH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82•35'34'W. 2, THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOW HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. LB 12232 /7565 WADE TRIM CIVIL ENGINEERING & LAND SURVE ING S*ICE 1976 1410 LPGA Bhd., Suite 148, Daytona Beath, FL 32117 Phone 386 -274 -1600 For 386- 274 -1602 SKETCH & DESCRIPTION DATE: JULY 7, 2010 SHEET 2 OF 3 KJK Resolution No :16 -05 Exhibit A. EXHIBIT "A" Page 6 of 6 SKETCH AND LEGAL DESCRPT1ON THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A. PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 11 TOMNSHIP 29 SOUTH. RANGE 16 EAST, AND THE NORTH 14 OF THE NORTHEAST.)( OF .SAID SECTION 11 PNEL AS COUNTY. FLORIDA. BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRIST IAN COLLEGE CAMPUS LANDS, WITH THE'NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 60 (ALSO'10409N AS GULF- TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A'.POINT OF REFERENCE; THENCE S8213'341I'ALCNO SAID NORTHERLY RIGHT -OF -WAY UNE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A' RADIUS OF 5525.83 FEET, AN ARC.LENGTH OF 151.37 FEET. A CENTRAL ANGLE OF 01'34'10: A CHORD BEARING OF S83'22'3819 AND A CHORD DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE NO5'5C'1611I FOR A DISTANCE OF 50.00 FEET TO. A NON - TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 017410', A CHORD BEARING OF N63'22'36'E AND A CHORD. DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY ;. THENCE N82'31341 FOR A DISTANCE OF 75.89 FEET; _THENCE N18'25'351 FOR A DISTANCE OF 17.60 FEET; THENCE N68'10'36'W'FOR A DISTANCE OF 11.75 FEET; THENCE N0724'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29'E FOR A DISTANCE OF 34.57 FEET; THENCE N22'06'03% FOR A DISTANCE OF 26.14 FEET; THENCE 5857749% FOR A DISTANCE OF 21.03 FEET; THENCE•1400'22'32'W FOR A DISTANCE OF 47.05 FEET: THENCE N76'03'O91W FOR A DISTANCE OF 1017 FEET: THENCE N09'14'SO'W FOR A DISTANCE OF.49.43 FEET: THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET :. THENCE N61'45'36•W FOR A DISTANCE OF 15:55 FEET; THENCE N39'48'21•W FOR A DISTANCE OF 36.76 FEET; THENCE N03151'29E FOR A DISTANCE OF. 38.04 FEET; THENCE NO1'OI'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N3914'1619 FOR A DISTANCE or 22.62 FEET; THENCE NO2'01'S0E FOR A DISTANCE OF 6.68 FEET: THENCE 11411117114t FOR A DISTANCE OF 21.83 FEET; THENCE 1123'43'06'W FOR A DISTANCE OF 2122 FEET: THENCE N80'13'20'E .FOR A DISTANCE OF 17.15 FEET; THENCE NO6'42'31E FOR A DISTANCE OF 10.05 FEET: THENCE N41'29'0601 FOR A DISTANCE OF 1111 FEET; THENCE N45-22'31t FOR A DISTANCE OF 25.74 FEET; THENCE N8318'48'E FOR A DISTANCE OFF 23.82 FEET; THENCE N5355'07E FOR A DISTANCE OF 49.94 FEET: THENCE N00'16'34W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'261 FOR A DISTANCE OF 180.68 FEET; THENCE NO01814'W. FOR A. DISTANCE OF 107.99 FEET; THENCE N89'43'26% FOR A DISTANCE OF 17.99 FEET ;. THENCE NOO'56'4914 FOR A DISTANCE OF 68.66 FEET: THENCE N14'O0'29'W FOR A'DISTANCE OF 71.74 FEET; THENCE N1413'4911 FOR A DISTANCE OF 67.82 FEET; THENCE N14'40'09'W FOR A DISTANCE OF 56.35 FEET; THENCE 1414,45'24'W FOR A , DISTANCE OF 3198 FEET TO A POINT OF CURVATURE: THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 32.00 FEET. AN ARC LENGTH OF 40.04 FEET, A CENTRAL ANGLE OF 71'38'38: A CHORD BEARING OF N21103'55•E AND A CHORD DISTANCE OF 37.46 FEET TO A PONT OF TANGENCY; THENCE 4456'S3'14S FOR A DISTANCE OF 156.14 FEET; THENCE N69'40'42•E FOR A DISTANCE OF 52.82 FEET: ,THENCE• NO1'22'43t. FOR A DISTANCE OF 14.89 FEET; THENCE N7152'59•E FOR A DISTANCE OF 82.57 FEET; THENCE • N73'20'51t FOR. A DISTANCE OF 53.45 FEET; THENCE N0612'39'E FOR A DISTANCE OF 89.41 FEET: THENCE N8919'27•E FOR A DISTANCE OF 139.90 FEET TO A NON - TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RICHT HAVING A RADIUS OF 235.75 FEET, AN ARC 190.39 FEET TO OF- NON-TANGENT LINE; THENCE DEPARTING SAID CURVE N5958'40'f FOR AI DISTANCE OF 96.98 FEET: DISTANCE HENCE, OF N5958'401 FOR DISTANCE Of 36.67 FEET; THENCE N5958'401E FOR A DISTANCE OF 3940 FEET; THENCE NS9'58'4O'E FOR A. DISTANCE OF' 62.41 FEET: 'THENCE N18'16•39t FOR A DISTANCE OF 25.85 FEET; THENCE N19'31'4214 FOR A DISTANCE OF 33.89 FEET; THENCE N45'49'141 FOR' A DISTANCE OF 53.28 FEET; THENCE N79'47'39'E FOR A DISTANCE OF 28.81 FEET: THENCE S89'45'S4t FOR A DISTANCE .OF 74.24 FEET; THENCE S60'10'21% FOR A DISTANCE OF .67.91 FEET; THENCE S90'00'00'E FOR A .DISTANCE OF 67.11 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE N0000'00• ALONG SAID SECTION UNE FOR, A DISTANCE OF 663.42 FEET 'TO THE NORTH ME OF SAID SECTION 16; THENCE DEPARTING SAID EAST UNE ALONG SAID NORTH LINE N8912'S11/ FOR A DISTANCE OF 2136.42 FEET TO A NON- TANGENT CURVE; THENCE ALONG SAID 'CURVE TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET. A CENTRAL ANGLE OF 28'32'27'. A CHORD BEARING OF S38'25'251W AND A CHORD DISTANCE OF 206.22 FEET TO A POINT. OF TANGENCY; THENCE 552'41'38'W FOR A DISTANCE, Of 97.82 FEET; THENCE 1189'32'51'W FOR A DISTANCE, OF 81.65 FEET: 10 THE EASTERLY RIGHT- OF-WAY LINE OF BAYSHORE BOULEVARD (A • VARIABLE WIDTH RIGHT -OF- .WAY); THENCE ALONG SAID RIGHT - OF-WAY LINE S52'42'0114. FOR A DISTANCE OF 7301. FEET TO' A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET. AN ARC LENGTH OF 243.90 FEET, A CENTRAL ANGLE OF 52'04'59. A CHORD BEARING OF S26'39'0819 AND A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE S00'37'03'W FOR A DISTANCE OF 1378.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT. PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT- OF-WAY LINE S89'22'57E ALONG SAID NORTHERLY LNE FOR' A DISTANCE, Of 344.66 FEET; THENCE CONTINUE • ALONG THE BOUNDARY OF SAID EASTER TRACT S5212'03'% FOR A DISTANCE OF 572.80 FEET; THENCE 500'46'40'E FOR A DISTANCE OF 191.08 FEET TO THE NORTHERLY RICHT -OF -WAY UNE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON- TANGENT CURVE: • THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT -OF -WAY LINE AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF. 488.01 FEET. A CENTRAL ANGLE OF 05'03'36", A CHORD BEARING OF N66'41'32'E AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF •BEGNNNG OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 98.99 ACRES. MORE OR LESS. • I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY. THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER SJ- 17.050 THRU 17.052. FLORIDA AOANNISIRAJIVE CODE. KENNETH. J. KUHAR • FLORIDA PROFESSIONAL SURVEYOR/MAPPER ;6105 LB /2232 x'7565 WADE TRIM CML ENC11EEIING & LAND SURVEYING SNCE 1976 1410 LPGA 01 4, Suile 148, Daytona Beach, FL 32117 Phone: 386- 274 -1600 For 386 -274 -1602 SKETCH & DESCRIPTION DATE: JULY 7, 2010 SHEET 3 OF 3 KJK Resolution No. 16 -05 Exhibit A Exhibit B Master Plan Resolution No. 16 -05 Exhibit A E XIA BT "B" N. -Or wer..0r. ' kiiiiiiiiiiiiiiii - imumul noo3.�o9ro�. 1:::::1 2:11:3 i 332 imm: � IHiI , i :::i II LIiIIilIIII f lilul h'!; 'mom ti iiIhi CLEARMAIER CHRISTIAN COLLEGE PRIVATE SCHOOL INC. 3400 GULF TO BAY BOULEVARD CLEARMATER. FL 33759 Gram IMPROVEMENTS MASER alas IM %Ai IN ON•lillar iiiiIiiiill iiiI1233 Milili - imumul noo3.�o9ro�. 1:::::1 2:11:3 i 332 imm: � IHiI , i :::i ' 1 ill MOIR Li�R.::r• t�7 Resolution No. 16 -05 Exhibit A Exhibit "C" Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in the areas formerly classified as Preservation on the City's future land use map and now classified as Institutional pursuant to this Agreement, state and federal permitting agency requirements. Developer shall: 1. Upgrade entire site's stormwater facilities within the Master Plan Area. These upgrades will include but are not limited to: • Providing water quality treatment for several parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay; • Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflows/discharges; and • Eliminate frequent nuisance flooding within some of the parking area, classroom and administration buildings. 2. Make application to Southwest Florida Water Management District (SWFWMD) and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank within 60 days of final approval by the City of this Agreement. The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin. The credits will be derived not from the creation of new mangrove area where none currently exists, but restoration of existing mangrove habitat that, depending on location, is moderately to severely- impacted by sedimentation, mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and Coopers Bayou. The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road, removing sediment and muck, and sculpting the sides and bottoms of select mosquito ditches, creating a branching system of tidal creeks that improves ambient water quality and ecological habitat. Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway; and improving the flow characteristics within the mangrove by demucking, widening and creating a branching tidal creek system within the mangroves. The Mitigation Bank shall be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62 -342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area. An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements. 3. Place a conservation easement over the Mitigation Area, in conjunction with city, state and federal permitting. In the event the state and federal agencies approve the Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the Resolution No. 16 -05 Exhibit A event the City does not wish to take ownership of the Mitigation Area, to another government or conservation organization, in fee simple, for the purpose of expanding the Coopers Point Nature Park recreation area (subject to approval of the USACOE and SWFWMD). 4. In the event the state and federal agencies do not approve the Mitigation Bank, or, in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high, limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable, Developer agrees to proceed with individual mitigation projects, as permitted by the State. Such activities may include: a) Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove; b) Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow and/or ecological habitat; c) Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat. Secondary effects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologic characteristics. d) Improving campus drainage facilities and eliminating discharge of untreated stormwater runoff to Tampa Bay. 2 Resolution No. 16 -05 Exhibit A Exhibit D maze ras NI aeuw 011X t1 ARM MI ImAIMPEU .11 DWI wpompe s.Y bomausuud --� a while orwwo wen arwaaw 11111 waasawnonsu -U9 «a win «AMm .6.ee mimeo m.«wo0 ,wceream o pioeda 1 asn arum aaru.na SndI D 03S0d0i8d Wed 009 0sz e 0 `d 4!q!gx3 90-91. 'oN uo! n!osa� PLIALHaVA fa o..m•Is 01.12 ^a 14gagt deerweeneemeereeep 1"0ee484meter! 1 - '°"op -°°w DNBIIOZ snatvo 03SOdOlId 00S NSA OSZ e 0 `d 1!q!gx3 go -gi. 'oN uopioseN Resolution No: 16 -05 Exhibit A Exhibit E Deeds (All recorded in the Public Records of Pinellas County, Florida) 1. O.R. Book 2356, Page 748 2. O.R. Book 4248, Page 1055 3. O.R. Book 4248, Page 1059 4. O.R. Book 2465, Page 102 5. O.R. Book 10311, Page 1231 6. O.R. Book 10778, Page 1420 7. O.R. Book 10214, Page 919 8. Deed to Easterland Properties, LLC, OR Book 16135, Page 2664 . v. 1 I , • ' • 1,4 11. 1 '4 • 400*.r, ' . t 4. . "JO i lit iiti 1... N'ig I •...a to I k kr ...•., i i il ,I 7... re gilt ;..:. gf Irti .. a:"......2.!.L—... . t- t ) i I ( 1 . . i r .1 R !Sill l'( U, i 1 !I 1/ •1 115 y .1 g , It 1 p, 1hit: ri,,,,,.1 liftrti I III z tiro 4 hs I •P If .:. s ill- ' • - ; V J .„ . • 1 1 • .1 i 4"3 3/411 rilii p g N ( I til '4. :j ■ \ Le) 's • ; . i F 0 ! .: . . ..; ,... ill f ; .1 yr,t,F? p.i 1 I -■ • -011 • •• :A• • 1.• • pal „Hr.. , • .11•J • •110/ : a;) . 5. t... 39 0 ti IN.:, i ■••■• • x,r • PI." .11•■•••••■••••••••■••■•/~14.M.; V. . tlii51.)H. 11K: :-.01:1-. ' I t I .111'.'iiiliirgt '' •_.i. ' .- 0. •if 4/1010.. r gii..:illoli • .2.. , 1 1 . . .I. 1141;2ilAgrit 1 Mir . .. 1 .p., . • i , 1t.-.. • 1 ,, 1.. s, t, .•0. 0,4 le.. lif21 1V,Iiitadolii . ' 6 114/6486 pletili . .(1- 1 . . V fie .. ye i vroi •!. I . :1 •••• • • AS el GI it iiiiTti . ; . ; . • 1.1r1 to 161-41.1 i! • ...g - • sterr.st.".......;:t VI Itt tetraolig 1 • .• • ..1 ' • • • . - IFS g4a 1. -rck • . 3/4 -- ( • . = • , • , a /13gliTito*Utic4 1. 7 ' bo• . 1 . ) : • It 0 4 41t: .:I, 1411 . i • .. % „V 1 1' I '' ..- 1 • ' . • : .2 H ..:... •••• - 11 511. /1Peo I : • i . . •• I ... 4.. • . . . .. • • . •.. • . . .....• 4 . , ......414 ....w....■../ .............,...4.4.40.1..........1.... • • • . . • 1 Resolution Ho. 16 -05 Exhibit A r a N Drip ▪ ��,/�./ WA RRifiyr 4.6 I?"'" THIS X[1DabT!! , .Made thla ��'day of December. 1!174, ... Between - - Dee (XE 8. SMxgt. IX. Joined by his wife. L1NW► 8." toms," residing at 968 Monterey Point of tea ,Clt7 " of St. PetersbugS0ounty of ritualism, tbd State . of Florida. Parties of the First Part. 'and . "aamoshm cY usirgAS cOtaatii Plums S I0OL.. A Florida corporation. .3400 Gulf to Say Boulevasd.Clearwator. Pinellas County.-Florida, 33519.. Party of the Sind .Part. gXSNNSBNim, that the acid Parties of the first Part, for and - . !n, consideration of the ams- of tan dollars and other valuable con.' . sideratioa to the in. hand • paid 'by'.the said Party of- t e Second Part. 'the receipt +whereof is berebyaackaowledged. have granted. bargained, an4 sold to the said Party. of the Second Part.-its auccessors and ' rilassigns • forever, their. uodleide4 one -half interest in; and to the - , .i i'ollai'ing described land "being described as follows:: : -J .'11;g-."'. Being a parnel of land i* the Mk of the • of Section 16. e ms f Township 296, Bare 168, .City of Clearwater, Pinellas County, •Florida. : i a ", baing described as followsa . .s" t Start at the SE corner •of the. NS% of the,104• of • Section 16 -29 -16 and go N 00 °.O2' 43" 8. 719.33' along the bustling of said-Ws of the NO of Station 16 to the P...O. thence go N 89' 57' 18'W. 900.00': thence "go 8 00' 02' 42' 609.58' ton-point on the north line of 'acid Section 16, thence go B 89' 32' 56' 8.,900.02' to the SE corner of said air a me I'm Or Section 16, thence. go S 00' 08' 42' W, 603.20' along the east line of Section 16 to the P. O. 8. Containing 12.53 acres more or less. . M h as. Fy..n: e .r = 0 0. 05 1 _° r r ►ice___ :... ::J' • r•- J Resolution No. 16;05 Exhibit A • &A u* X656 -And the said Parties • of the Pixel Pert do. Aera ' sully werrent • the title to said land, and will defend the same against the l tit al • . Claims' of all persona whomsoever. aignrd.Sesl,edand delito n presence red.i __`` STM'ft or 6LOaXDA► ) CQGM19t of. SineLT i ) SS :....._ :z moot* ix;tbet. on tots day. !wears se, an officer deli authorised in the. State aforesaid mad iether County aforesaid to take .:aaknowledgaiasnts..p rsonal1y appeared DIM= B..SIIZTh. If. Joined hY his wife. - LINDA a. ZTII, to se flown do bs the persons. deaaribed in and •who executed the foregoing instrument aae 4 they acknowledged before . se that theiY emoted the sass.. mamas. ay hand and official seal in the•County and State last aforesaid this A_• day of Decesber. 1914.. • . DSW ZV S. 8SV . • WPM S. at • . .. i1 US1f ROM= . • . r�,+' ny commission jure tee aeM e lima; iri tn7a• ": �" .. tea woo* aping. sin [4 e L_ Resolution No. 16 -05 . Exhibit A REPONISTRATOE'S DEED 2815 INDRVr1118., executed this 17th day of December, 1974,. between D6RWlM.b. SdITH; II. Adjietcator of the Estate of .Derwin B. Smith, Deceased, Party of .the First Pet, and :CONSEEVATIVE CNRXST1AM PEIVl SCHOOLS, INC.; a. Florida corpora'..• "tion, is Perty.of the Second Part. moose address is 3400 GiLf to Bay Bonlevard.•Clearvater,.Piaellsi County, 1lorida, 33519, V•.1 III S S'6!!. Party of the First Pare, pursuant to order of the Circnti . Court of Pinellas County; Florida, dated the 14th-day 'of December, -,' L974, and'in consideration of the'preniaes in the sun of TB and 80/100 (810.00) DOLLARS and other good and valuable• conaidaratiodu.. in hand paid; grants. bargains, sells, aliens, premises, releases, couveys;.;and confirms to the Party.of the Seconds Past, and forever, that certain real property situate in Pinellas Florida. more particularly described ss follows: Part of Government Lot 4 in.the NI 1/4 of. the NB 1/4 of Section 16; Township 29.8, Range 16 8, City of Clearwater, Pinellas. County. Florida. being .dealer/bad , as follows: Start at the SE corner of the N8 1/4 of the NE 1/4 of Section 1.6- 29 -16 and o -M 00' 02' 42" 8. 719.33' along the east line of said v N8 .1/4 of the MB 1/4• of Section 16 to the P.O.B., thence go N 89. 57' 18" W 900.00's m thence go H 00' 02' 42" 8. 609.58' to a point go S 89. 32' 56!' H, 900.01' to the Ni corner i of said Section 16. thence go S 00. 02'. -42" V. 603.20' along the east line of ;Section 16 to the P.O.S. Containing 1.2.53 acres more or lass. TOGETHER. with all and singular the tenements, heredita- on the north 1ine,of said Section 16• thence meats and appurtenances belonging or in anywise appertaining to that real property. TO HAVE AND TO HOLD the same to the Party of the Second Part, and to its assigns, in fee simple forever. AND the Party.of the First Part does covenant to and with ' . the Party.of the Second'Part,,ire.sasigna, that in gall things preliminary Co and in and about this conveyance the orders J Resolution No. 16 -05 , Exhibit A h' 4246 rc106o- • of the above -nerd Court and the laws of Florida have been=. followed, and complied with in ail respects. Ii7 IVITft5S iRWEREOP. the Party of Ube First Part has set • his hand and seal on the day and year first above written :Si1gnee. dPSeeaalle sand Delivered . r; •4 S . F. At? Ir 4 I j • STATE OF MELBA - j _as COU�ItY OF PINELLAS ) • (SEAL) • .snres ii, Aaouuiistrateir -• - of the Estate olr Darwin • B 9imith, . Deceased.. 1 • 3 f ft• ti • y +. .r rq .P. 9 tl I HERESY Clirff Y that on this day--persona/1 appeared beEoie.. • me, an officer duly authorised to administer oath* in :3 • take. • '. acksoviedwaeats, DaprIN 3. SMITH, II, as Administrator 'of the Estate of Darwin. E. Smith, Deceased,• to we well known and known • to me to be the person described in and who - executed the foregoing Adminittrator's.Deed; and he acknowledged before me that he '• executed the same for the purposes therein expressed: • . WETNESS My hand and official jail at St. Petersburg, Pinellas County, Florida, .this ltth day Of December, 1976. My Coemissio► Expires: am , P•Ct.'EWS C quay is N CistaWa• Won leig lid WI 2 - 7 S 1 Resolution No. 16-05 Exhibit A * ›,.eig• .t • • • ' • /5. QUITCLAIM DEED THLT ZI:DZ:TURZ. 1-ode this of Seitteraper- 'A: ' 1,64, talweer. tko 7.T.TY OP CLEARWATER:. FLORIDA. owsnicipel raitlon. party of the neat part. ao-1 CONSERMATMC CHESSTI.A74 PROATE SCHOOLS; a Florida corpereciva. Der As C3.-eavatOsr4374 33P-7 . • of the .conan4y pion/law ane State of .• Florida. party • 66 79166 et 2465 razzl.02. • • 44 the sorzood.peim, '" • of IrTlICESSZTH. That the said part-riot the first pert. fir antllar•oissusidern. the Dee Dellars. in hand paid*" woo laid' part ofthi second part. the recAdpt whereof is hereby acknewiedged, hash, rattail. releatssti and • • eplitplainost. 4b.epe presents Oath remise: ravirsaimand'quitiliiireUitileo Said port ti;s8 sernad part. and 111,- • ifta assigns forever,. -all. the rigtt. • r:o. tbsorest, 'claim sad derstaad which the sold party of the first part both in e 2. too fo:looriag deortribed let • Piece or Parcel of sintate, lybag aced. befog 'fb .Pieellas...3te of Florida. to Wit; All shit parr Clowerninent Lot .One (t) SectiOn • 15. Township 29 Sowth, Range -16 Mist, lying South 01 - of an Eliovezir Projection of the North lino Of Government Let Farr (4) in• Section 16.:ToWnittaip V? Seeds, Range.. 26 East. which projections etendeil to, the deep water Ar. Chearel off Tamps Bay. in4luding 6,04%4pol-fan rights. . - .. -' - • TO.W.VE 4WD TO HOLD the arras.' together with all and singair the approtorma4os tberwarto belooging dr in anywise appertaining. and all the estate r44h•t• day. lr.:••i•tet rod 4lOint whatsoever of the said parrf of the first part, either • to law or wc.itr. :. the -ratly proPi • benefit and hahoOf of the said party ' , -- 1*. Of the second l.rt. • its . wears and assigns forever. - • • i . . Dr WIT1ICS3 WHEREOF. the said pasty of the first part hos causrd . these . preteens' ot. bo snot...tett £ its ?.awe by its City Manager. City Clerk. conntersigned Attorooy. srei Ur: corporate *or.: to be or:pewit° attached. the day and year •ftrst above writtwo... by. its l•Cayor-Corr-moissic.Wor, ant approved as to form and correctners by its CU', I Cornoe• rstr.Ood: 1 - CITY' OF CLEARWATER. FLORIDA sr..orls sits sr Speed. sealed rest -tolivored in ex Osener of: G.-. • r•A' . • 030w ' . • • a 3 a I 4 4 Resolution No. 16 -05 • Exhibit A $1wTls OP ri.oRtlsw 1 • ). CQNNrT Or lssp;$l.LA3{ ) 141PLACBT • CEt'lZIPT. avatar' ;Mk at 2465 NEE103 .. day'et )sssepa .r • -' -A.:: D. '1166. b leee Boa paraeeally . XL Otearart. Hsslssn M. • mxoA•as, - • .a...Q.:wlital i wed Orr Teraay ' • tp.atleexe Ctsv Manage,. Cite .Atteraer. ClsV Clark .+bsd0 - Cer alssiosar et -: tb. City et' *• a eotpoteaaiso .e4daM$ eider th. Jaws: a.ha Slat, •. et flar#da, . t ass bww to .ha the Isdt .*louse and attl er�s dareadhad ;a apd velar eisaataa she CaesSrdsd' rawreetarie to - - -Caeararroldtm dsistiiia.'Psl'attS Sehrspie. Ise:..• :1 *'�1arida Qaspaiteltan• . . and`ree orefy seleaoMaddod she exaradas tbsraeE so be that* ire* ass arid read •u• • ' earls a aass' alas ssa dale. as lioldaada .*4'Ibist, the at5eysal _ova eft,:.-,add rearfc*Pal . Gorpoait[as Is duly arno.* *hawsto. awl tbs said aeavarahra fs she act and dated . . el said ccrepraratiro. ' . - . . liFlTN_s3-a4Y, . saw ataelsl seal as Cleasars:a* to the- Co.astyr o= -. Pisallws acid 3+ats.s[ t1ec4' . the dat sad- via* w.,.. "- aher.Ahula. ' «3 x, . -. ya{ppa.t.lao Ippir.sr, • vegan, Yom- SSA n! ?t'-' stoma . Evryw! Vtouwr:ats .i' . • 3 Resolution No. 16-05' Exhibit A . . ..• r • • ; • ;s • . t T4, • . . • '. 1 • STEPHEN X. BAKER -nig rerRUMWMCIOZW2) Illf AND MUM rot ' a•jillia3V 13*,...19%7.270:14.4carticuir.e_rs. attwa.01• . • - .: - ... • Attempt at Lew - * . ALLAN & SHIPP, P.A. • •11 ; . . • PO 439 3 i R arf 020,1 6675 13th Avenue North, Suite 2C. . 1491-e.90-i/a94,9 • • 4 ', TV' - St. Petersham& FL 33710 • - S.- - - . • NOti BO, loge. t:mom ...._,.. ....4■....1■ 7 r • . •••••• '.. WARRANTY DEED ' • (cPurigin44-..:. . - eltatesigginfilf: -............i. TwatsvARitiorry Dm nude dis ;2 ebtday et: - 0 C.10 4-tr' -, 199t. lit - I. - • DBRWIN• &swim, m a warded person NIWiteseaddressis41550vitebtokDgiveN.F...E4PeterebuttFt'13703.and. . g • LINDA-BRAGG, a•asarried person,- formerly known., LINDA B. *UM' - ' l'• , - Wbose address is1356 90th Avenue MA. St. Petersburg, R. '337024*, - - - •••• • • ' • • g beminaliercalled the grantor. • to . . .i:LEARwAtztomisrtAN COLIJEGR PRIVATE SCHOOL. INC. a Merida ami-profit itemsration • - . . • • whose post office addaxes is 3400 Gulfte-Bay B.alevard, Clearwater, FL 33709: •••■•■•■=0.1a..,■ hereinafter called the game. (WVittylli Mart= TasItaGionairo isCibiNTEIS" aCtAlow Au. 'Mg Mann TOTS= 94572PAI5Tr AND119111624 Lacm. serearnwrwas aste Assuan or OMMOVALX. Ablynicstxxitelograve ApitCal cOMORATIONIJ •7- ..,., • ; WITNESSEITL that the grantor. for and in consideratiOn ofthe sum OfTen (S10.00) Dollars and other valuablocnosideratioas:reeeipt wbemofisbereby adUipwledgedAtigebYgrantS• bariPias. sells. aliens. rciniscs. �c conveys sal confirms unto the venue. all that contain land situate in Pinellas County. Saida. vir. SEE THE ArrACHED EX/11111T "A" FOR LEGAL DESCRIPT/ON kEC Pared Numbers: 916/29116/1100110/120/0200 WIFFORSANN130 limn giormonninee ' . 1 6/29/1 6/00000/ 1 30/ 0 20 0 INT ofirmimmeongmaie 1 6/29/16/0000 /140/0 00 Kits tar, — The subject property is not the homestead of either Granter. Rev -"- This Warranty Deed is a corrective deed mead/ to correct the r - set forth in that certain Warranty Deed-from grantorto greatee dated amts. - recorded 02/24/98 in 0:1LBook 10001, at page.2157, which 14 error excluded that certain property deeded by granter tO Robert D. WWI and mari, S. Winn. by Warranty Ocedeleted 11/16/92, recorded 11/111198 in O.R.Beek.8094,atpage 1155,321 Otto public records of radios County, Florida. ft•Inualertv,110 AI .• • .. _ . . . .- !•• s 'rat Tv strAb% • tomato.. • ••.: Iv • rA 104.0 4 A • Resolution No. 16 -05 Exhibit A • • . - TOGETHER with all the textsafents. * edikla rgts and appurteteutiet thereto belonging . ore anywise appertaiidng. • _ • P INELLAS 'COW4TY FLA . Ti) NAVE AND TO•HOLD the, see is feesimple forever. t�- • • . C •C • lO31:1 PO 1238 aait AND the grantOr hereby covenants with said *twee that the puma' is lnwtiapy sciirel of. - said land in fee simple: that the grantor hereby Bally garnets the tideto ieid land end-Will defend- •the some agelnit the mwtul claims of all persons Whomsoever. and that said land'is:free of all •except tares acenting subsegueet to December 31.1971. . • IN wrnl .SB WHEREOF. the said sr>tntar leas sigaed.sed sealed. these pane* the day and year felt abovewritten. • : • . • • • . P UNCLLAs COUNTY FLA . OFP. J WITNESSES: . . . Prot vflr :see A/MI Print* STATE OF FLORIDA COUNTY OF PINELLAS � .. The foregoing instrument was acknowledged before me this/ day of 199L by DERWIN B. SMITH, II, a married person. who is personally me or who has pruar... d • us idoeiti xeson.a and who crtd en oath. • LINDA BRAGG, Ll ■.SMITH tc *Y ANN MIIYErr •coatatt!ION • CO 4 tsost wMtg& OOP tK ION NW My Commission Expires: bat aniRaoacan CO. sac. _ :STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 22 day of hn LINDA BRAG:. a 'married person. Uk/n LINDA IL SMJTII. %%to- ur who has praxivaxvl a5 - ife cult' 4 Notary Public. COIAMI riNll IS14 FOES Nap Z2111!• we (SEAL) blo>larj: Public My Commission Expircs. 6- 7 o- 1.-4.iE.A1.f Resolution No. 16 -05 Exhibit A Exmiurnit P IMMO!ti cgia TY m . OFF . Page 1 of 2 LEGAL DESCRIPTION P ARUM swim Ft i .. (•dro OFF .REC AK 10311 PO 1833 sslarb The tforth''K of the NE Y4 ei$eetien 16, Township-29 South, Rakit -10 Bast, PittslWs Okaty, Florida, and that pert Or portion of Goverares t Lies 3 sad 4 ofsaid Sodom, melted! lies North of a line be6haling iM the West boundary sfaaid Giveraniatt Le43 of a point 25 feet North of ib Senathwest Omer ltadeurending North tit'f" East ,to navigable water is Old Tampa' 8* .3 That portion thereof deeded to Robert Q Wind ,k sod Mary & Whenasbnod and wife, an November 16,1992, by deed recorded in O . le8894,page t#5 poi* reemds afPiaelIes' County,. Florida. deseribed as *lbws: That (=don of the NN/4 ofSestion 1'6. Township 29& Marge 16E. lying South .of Paw Street. East of Unit 1- or Oyster Heights Sithdiy3ion. and-. Northwraterty -or Baysbore Boulevard together • with the riparian rights thereto. being more pauticulaily described* fvllosr c Freon. the NE corm of the NN/Ss of Section 16; Tuaaship 29S. Range 16E, as a patent- of-rsference. thence S 0 °3703• W along the North -South Centerline ofsOid Section 16 a tilsbenet of 33.0' to the Northeast corner of Lot 9. Unit 1 ot.Crystal Heights Subdivision as a Point ofd theime condone S 0'37703." -W along said centerline (being also the Easterly blonde-0,0,1W Unit -1' of Crystal Freights Srtbodvit ion, as recorded in Plat Book 2L par 64. of the public records of Pinellas County. Florida). a distance of 22247 to a point on the Northerly r ght of-wsy of Bayshore Boulevard (el right- otway); t eeoe: aloti a cur to the tight. having a radiuf of.368.3 f ". a chord beating of N 41'35'48" • E. aid a chord dist=ance of 146.1 Trth a point oftangency: thence N 61.°02'3 C'` E along said tangent right-of-way. a distance of 184.66' to an .intersection with the Southerly right- of-way of Dftw Street (coirently a 33' right-of -way): thence N 89.20'SO" W along said Southerly right -o(way (33' from and parallel to the North line of said Section I6). a distance of 24221' to the Point of Beginning. Containing 21:549 squire feet (0.54 acres) 1A U.L. - . Together with the riparian rights to 'be ton* lying directly East. across the 100'right- uf way for Heysham Boulevard has te:o rded inCounty Pe=tition No. 10. dated August 4. 1925) bring Amber described as follows: The North 222.4T of the Northwest' V. of Section 16. Township 295. Range 16E. lying between the Easterly line of.Unit I ofCrystal HeightsSubdivisiun..as minded in Plat Book. 28. page 64. ,of the public inecords of hinclbs Country. Florida. and extending Easterly to the mean high water mark of Old Tampa Bay - loess a 1 b0' right-tit-way for )3aysitnre r3oulevael -as described in l'uitnty Petition No. 80. dated August 4. 1925: Riparian rights granted are limited to the Li.ssrr of: (Al Fifty ($0) feet from the upland. or (Al tlx: nuecimutn cock length painitted by law, whichever is the least. i . .1 • I. Resolution No. 16-05 . Exhibit A • • . . • • • Continuation of EXHIBJT "A" LEGAUSSCRIPUON (Corrected) P !KLAAS awn, rut. orr4arioTot—toemr PO—E314 4 • 'Page 2 of - P ltal.LOS mom FLR • • • orr.Fir.c.olt. 103 t 1 PO tpoi LESI: • That portion thereof deeded to Conservative Cliris dan Private Seheol:, inc.; ea Mirth 28, 1966, by deadly:wonted In O.R.Beek23.57,page13,pnitile recirdiefPhialliut Comity, Florida. • •daciesed as Mims: Start at theNE comer of.Goventnient Lot 41a.die NE of Section 16. Township 29 South, Range 16 East for P.O.B. and go-Soutli• 00•02142" Weal 338.44 feet along the easOna Ofsaid Government Lot '4: skeane go NoOth 8930'26" Wcat 300.00 filet; thence go South 4129oe Won 453.31 • feet to a poi a on die Noithirly right.of-way lbw of Courtney .Campbell- - Parkway: thence. g0 SOulh tanrsr West 302.32 kit alo dr1ghsiu1vayJ1nc tbeacago North' • 0002'427 Eat 1454.20 fox; shame gosoustit9..riew ea:two:mow coapoint On the End line ofthe NE% ofthe NE14 of tbe alonananfionad Section 16; thence. go Smith 00•02•42° West.719:33 feat along said East line.to th P.O.B.. and also . - • • . • Part et covenanted Lot 4 in the NE% of die NifSeetion UN Township 29 Se:Range 16 E.. • City Of Clearwater, Pinellas County. Merida. heinidesiiihed as fellows: Start at the.SE corner. of the NEK oldie NEV. oCScction 16.29-16 and gliN 00"074r E 719.33' along the E. line if said NEV. oftber NE% tif Secdon 16 tO the P.O.B., theme gotl 89'17,1 rAv.900.00: thenCe go N ovor42" 6o9pr to a OWN the Noah line of said Section 16: theneo S 89•32,6!.E.. 900.or to the NE comer of said Section 16. thence go S 0002.42" W. .603.3Y along the East line • of Seedon 16 to the P.O.D. • • • " • LESS_ AND FXCEPT: The right-of-way of Davis Causeway (known as Courtney Campbell Causeway). Pinellas County. Florida. and also LESSAND EXCEIPT: A 100' right.of-way for Bayshore Boulevard aa doicribo.1 in County Petition No. 80. dated August 4. 1923. S1109715 hOK t 20. 1SV8 13: 00:05 DI DEO-CERIUM SMITH 11/LINDA t3 6/411- RECORDII46 • t TOTAL: 'Pk 50 CHECK AMT. TENEF.D: 111,50 CFAN6r: . ' 5 1.011091 Na 114449% millets . et WHIM %II COLLEK MECUMS 1 , 4V1.50 its 119.50 • i i 54 1 .. i . f i OM. 4111: Resolution- No. 16 -05 Exhibit A Ctitr enourster ntaNnaa itt .t co iorrvu'rror . STEPHEN A. B AKER - 00. -opea5g JAN- 7• a- 1 t : t0iw ALLAN & sump. P.A. P UNCLLRS: CO • O1t .10779 1420 Attorneys at Law. - 111®15111111111 6675 13th Avenue Mirk Suite 2C St. Tetertbprg. RL 33110 • (.1arcn1 XD 1116/29/16/00000/24o/too0i. WARRANTY DEED Pi1WS• OHM .Rana 111:: .fit Sf6 . • • 002• WS` 1050 00C SWP -I1n9 : 3 1380.00 Rat: 1360«50 . ! $360.50 11 a'h� � :. TIIIS WARRANTY DEED made this 4 day o(3anuaty. 20007. b9 ALBERT W. :COPELAND. a married pets; • %abase address is Post" Offic leas .i454. Clearwater. FI.• 33758 hereinafter called. the 8tmtter. to • . • • CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL.. e; • • • a Florid; ae cijirotit corporation ; • ivhasr.post•orfice adde= is 3400 GulHto- BoularnrIVE3carwater: FL 33750 hexeiiwhlter.caHed the : • • i■Waalatatalta HaRula TaC MOW "catAinult" ■.'cn *GitAmiar Nettie r►r.L 7 C..t+atrrt, roll= emisi . Lpe a itentt rT.irrwes .avo aaem or LrIvmrASS. I.'W' •rlrt: oreCn torso .e`nitrat at cO ate4stcra .) WITNESSETf. that the grantor. for and in consideration of the'sun of Ton (510.00) Milers and other valuable consider :Wow: raxeipr whereof is.,bercby acknoteledged. hereby ' tweaks. teals. aliens. genuses: dots= ca� ri and confirms unto.** graatoe: allNsaE *lain sitaago Pinella C otmty. F vim • • A tracR.of land tyirgJ..in the Northwest smarter ofSeetton (6. Township .2 DES , Z • ' Saadi, Range .16 East.-i ed lying test of 1 -- 1tore Boulevard•. described as follows: From the enter of•said S cdop • 16. run N.0637413"13. "along the OR2MD. •orthSotith- centerline . of staid' Sceden l6 a distance of 215.00 feet fora •• ....08...,..—._ • ROJL and run theme tN.*r27 %'!W -e distance of .109.07 ftn•to * paint on . the Easterly County-occupied 'right-of-way- line of Boyden* foulard . MTF_ ___ (Cow Road No. 30). that thence along said Easttr Conn �" alma? line. on.* carve to the -left having u`°��`'2 fit' Pa" • � a radios of 533:'11. are 20J.09'. - - ' Ate'- ::�... . chord 20162'. chord bearing N4.27°23SrE.: thence $.73°35'40 "E '18.00 feet • ton point on said Noreh.Srutk_ centerline; the 5.00°3x03 °w. his Said• Cr i3 �� • : erth-5outh ceutcrlioe a distance of 176.72 feet to the PAL, iq'Pie "G . County. Florida. he above -de ribed property is not and never bas'bc n the hoonstcad of Grantor e.. i Resolution No. 16 -05 Exhibit A OFT .RICC . 10778 PG 1481 • TOGETHER with all the tenements. bentditainents and appurtmenegitheroci belonging or in anywise appertaining. TO HAVE AND.TO HOLD the some in foe simple forever. AND the manta hereby eosetants oilth said pewee tint the graataris IawlMly **al of said land in roe simple; that the•gmntor hereby fally.weriafts the'gdb'oe said boll and will defeed-Mesa= avian the Iswlid,cl oral! permits wheinsoei er. t dehat said land is free of all emaumbranees._ except taxes accruing sul�sogtteat w Deoanber 31. i996. IN WITNESS WHEREOF. the s seaid smear has signed and aled these pnwatts the day and year Tint show .written. STATE OF FLORIDA COUNTY'. OF PINELLAS The Wowing instniocnt was adoaowled bolbce_ mo this ..k day of Janusz; 2000. by ALBERT W. COPE[. AND. a married petaon. who is personally known* me or who law prodecial . -- .-,�. as p.. 0aptaysiolmaCC (SEAL) 1 Resolution No. 16-05 Exhibit A r • (3) hills spare left hank iniemionally fur Clerk Coon. mmading • 1111S WARRANTY UtiliO. mark this it May of ited'u ro: MS. •• • 1. ihn.- , WILLIAM IL WILKINS.- a married ow. 14: MIME LADE)), a inorrkd•ora, cad R • JACOIISEN. Ai omarrial lea. as moats hi eumman..whose mailing addre‘b-2-50.? Nficky -PAM brim Smile 720. Malik Pl. 'MOW. as "Orator. and cLomtwnrilermefi-nAn COLLIIGII PRIVATE $1.11001... INC.. rt-Merida sot-fortpmfa awportaiaa. whose Miro* Akio is MO Chef ii, RaY Ulvd:„ CAormaer.- Fl. 33759.•atiObew six idgoiikidon moniker • , • > • . - ,.... ..., , ,. • , - * -t- - ' - , - • ", , - -- ....- . . W I T t.1134 S EYIL",Cs' " -7 . • MST • 1111-01424 RIO M. 1998 I Ora III • PIND.L115 COUNTY FLA • Orr on Ot. 102 fa PG 919.• - • •,y, , • - • 1, • • • • • • • I • want am mos-ma 'bum 1, ‘• • • alktlat • • wawa eic gay - avn • I naz . WARRANTY DEF-1) • - 11--Kra • • • • ,-• • • ..- • `, - • • - / 0 _ - • •• . • c .. - That Gomm. kir aid In aosidynciftlf tlii;inkon Dollars (SLOAN and other good and valuable coosiduradm. Paid by,(hnled to GROW:0 MOP of whIgh is adttlowledged• das hereby gm: *gaits. sell End 'trey la Gaye. Whirs and assigns former No killodiag damihrd hod dittoed in IlmeouNI Arklibit-.616" - Fli iiik , • • , . . „ •_,• '',_`• `--- ,• - ;VW lininq'A'ATTACIIIiI) Illitlrith • e# is, '''s %,.. ' . mobs wide oNlke'billavefarsitmis. litaddimorms. appwommeas sad riglas of Grantor in the akuvelliamilmtpkmolot. •,. . . • • , . • ,-• ,. -. `,`„ , . . . TAN* aodplinld.11ii same la fee simple heaver. . . . • •• • . •':-Sielhesteitiatty tomato iskti Gram laallotalar is My seised if said hind la he Aside; Illalirraniats fpnal risla and lwalid nalharily la sell wed amity aid bad: ald Ike . • ' 41114 11110:19/R•by fully traterna tk hale In old Nil. old will defend the now against the .•:•,, agrfol..eltio.ind'all yersmowlmnainever. - • , , ..„ ,,,, -.. ', ., "nos aim:Yoke is mask and ammied sithlaa in: t• -,- - - - - '4'• `, • . ',\ •, , . a. tatatonts. etweneats. restriminits. dines and traminlittm of want if any; and ...,,, N.,,,% . \ S% %) - h. Taxes for the you PPM and darrolts. • • - • - • s, I , - • TOM LS NOT 11041ENTEAD PROPERTY. Property Appralaf's 1. U. No.: •1 f-Plynvoni•j• 11 I 11* 1 a A . eftht4•044, liz-47blfro ...;7•4: • •va-vm --.amatiennumungummom=•'"•'°---7-7--- I t • Resolution No. 16 -05 Exhibit A • PIII<a.At Cowry nil Orr RCC ®K 10214 PG 923 IN WITNIiS.1 WI ICRIMP. the armor his soused Ilse presems to he slimed 'ad sold the day and year above wriNel1. Nay. soled NM delivered is war piaseaa PGNIsn A. RFYA•K than t • • SIGNIONN (IAA! Ittb!.P A WII.KINS . • .. . ',.// -,,•;.:"... . . • . • • • , • ;fir" `. • +' . • ‘4•5..\.;,. 17. . .• , .: ............ `, •1 P. BRIXI uh]t ' § moo „ %`•r ; •%••• , ,. • .I I • • ,.• ,. - #0. • ;. • • - 11 KM OP , iNWOP, • % •• •• :like, r IIWnINam was a.klawrlednesl Wore the Ilaxi�'day al - _ _ ;.kth1 I, by WILLIAM B. WILKINS. who is aw*itr.Iy Mown 1a me et bas - _DNS idamillrNliaia and did au1 rake NN oak •i•, •i . i •1%,, .- :CrA'i'li (W FLORIDA • cYNINf'y uw oec ulip flue 11.1041140 iaathone t was aekaawhadpel haw Ills Ikis4L dry e ( IAN, by. 1.11R1KYE 1 AtII•K. who i -p4KSINNdly knows la me ur has produced -as idelniticonon and slid INN rake an with. • • i Pap 2III'.I Resolution N6. 16-05 Exhibit A • 41 • . • • STATUE* FPO&UDAAj COMM OP V. • P 141.06 COUNTY FLA arr Jecc AK 10214 PO 911 I The famplas Mumma was ackauwkdial befam me Mb Aft* of 1993, by ROBERT lACCIOSEN. wlia Is pensaally Immo ia me et Imi madam! I ' idaMitamllaa mad did am sib is ea& TVs !NatWest Rimmed by: haws M. Hammond, Ibq. 1331 N. Weber Road • • Subs Ak1 Clammase. Rabb 33763 •(1n) 7914100 Many • My Commis*" &plies: MUM Wan. 2 't • • • s, . - ..„ o•-•-• •,‘.„ l'o•—••••• • • .%% ,r• 4 '% % • • % • %, •,%s • • s, • ; . . Fare 3 of 3 • 3' • ...• ..4, ' Resolution No. 16 -05 • Exhibit A SXHHIBIT A •• PINEW.RS COuNVI RR. Dr, REC.gc ►081• P6 !!2 •1"•n•s101 K . plot J•.• Alt IMO of w. 4i110Mwt .woo •1 01541.55* 111 1. I�nttl *s, Gm** » p1.�w1. 11 For. fume. &volt nonfat .4Jwd1 s! us .0111•1 .ws.r1I...1 41.1-1..116 hew ).44 M.I. 1.....1 11.slt (1'44'•11 isms N••/ MW M.wd wlt .as.d11.. WWW.11 4.1•1 Nos.• • Porta q'II'W 1..1 4/.O hog * • MO w • .1.N MU1 No 4s.1.11y . HP. .I wt of Iq 1111. I.•••••■■ d.1.• All••d1 •I•N.1tf ,44I .1 *s .1••1 to N. 114111 1 4* • oodles of !11.71 1 . • owl )•1.1.1 •s4t I•w1 fit' 1t 41.1.. w N 44.10,. •! *41.f1 A1s *5 • •1. 7 11.s•sa.1 114.13A.li elrw 4. 3 WN')J .•ie, N411 4155 odd rialto -.; • \.v d •H 11.11 h.s a .. I0.1...*M old' . Ms 11o1 PILO h11 41583 11 W 1 • - ort I..l Nowlin d 4111. WI fo. M. lbws mob IVS*'IP 1.11 d*I ' " ' `• `• ti•) • .elf 1M. WA Nis a 1•. Ma d ksI••l•1. • % l• ■ • ° :- -♦ •.• r"" r • ` '.r i ••"•• •) • . • • • � I • • • • • • 1 • Resolution No. 16 -05 •I#: pap,Q9675 BK: 16135 PG: 2664, 01/30/2008 at 04 :18 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $0.70 KEN BURKE, CLERK OF COURT PINELIAS COUNTY, FL BY DEPUTY CLERK: CLKDM04 Prepared by and Return tot Roger A. Lance, Esquire Johnson, Pope, Bake, Rappel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 Telephone: 727 -461 -1818 ` ` r. • ` .• ) . \ s `..' ,STATUTORY WA� ROMA MP THIS INDENTURE, is made on this `• CLEARWATER CHRISTIAN COLLEGE P— SCHbbL, NC.. a Florida Sabi-for-profit �boration ("Grantor") whose post office address is.1.0d\(blf to ,hay Boulevard, Clearwater, Florida 33759, and EASIERLAND PROPERTIES, LLC, a Flarj ' *nitdl.Iabilibveonmpaay (Document #L07000121312) ("Grantee "), whose post office address is 3400 Gulf tet iisy Boulevard, diearwskr, Florida 33759. Grantor, for and in eat¢afdetafif si of 7T'ep)ollars ($ 10.00) to Grantor in hand paid by Grantor, the receipt and sufficiency of which are herelliOclmowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and ,tb 1b lowing described laid, situated in Pinellas County, Florida: • • • ,' `i %. ,Sea Esslibit "'�' attached hereto. to applicable land use and zoning restrictions and to easements, ` 'tt alioes and restrictions of record, if any, which are specifically not S'S `. reimposed or extended hereby, and to taxes for the year 2008 and subsequent . .`Fears 's`.,Grrd tide �or does hereby fully warrant the e to said land and will defend the same against the lawful claims of all Bars Wwhomsoever. The tax parcel number for the aforedescrlbed property is lignahMall=2. Resolution No. 16 -05 PINMEMBROOUNTY >t OFF. REC. BK 16135 PG 2665 - -;'', IN WITNESS WI EREOF, Grantor bat herauit° set Grantor's bawl and seal the day and year first above'' written. - • • • • • I I / Signed, sealed and delivered CLEARWATER CHRISTIAN COLLEGE in the presence of: PRIVATE SCHOOL, INC., a Florida Wor." profit corporation .. .. , • Rcuila t/t- .su.1.[l ye" Print name STATE OF FLORIDA ) COUNTY OF PINELLAS Br Z1404 /• G4 Vice President ' Address: 3400 Gulf al Bay Boulevard Clearwater, Floiid,a 33759, , � .',- -� • rI . • The foregoing instrument wasadtnored bptpre me this 3 day of U 2008, by Randy T. Livingston, as Vice Pgesldent'of Clammier Cluistian College Private School, Inc., a • not -for- profit corporation, on bebalOgf'the ootpgation. (}j [She] [is, personally known to me) flins-peduced .•. ` —�'- -� ;:i 1110 ^er:n�� .w • . -. Notate `Ad> riMii r,. This transfer is exempt Oran the payment of documentary stamps based upon the case of Ca �Iiana,Center. LLC vs Florida Department of Revenue. Ns Ns I, ol%29a a PM at #422867 vl - ClanrntaOri&WnWierangDeed Notary Pub..' Print mane it Stab Vin My commission expires: 2 Resolution No. 16 -05 pI)It QOUNTY PL OFF. REC. SIC 16135 PG 2666 EXHIBIT "A" dal * PART OF GOVERNMENT LOT 3 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE: t6` Er T. PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: • COMMENCING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 3 OF §AIP EC`T -ION 1' THENCE NORTH 00° 37' 03" EAST ALONG THE NORTH -SOUTH CENTERUNE 41= 94)D- SECTION, 282.84 FEET; THENCE NORTH 89' 56' 33" EAST PARALLEL WITH THE GULF` TO BAYJ3bULtVARD. ALSO KNOWN AS STATE ROAD 60, COURTNEY CAMPBELL CAUSEWAY'JWD DAV�,CAUSEWAY, 4.22 FEET TO THE POINT OF BEGINNING; ���`. /1 THENCE ALONG THE EASTERLY RIGHT OF WAY OF BAYSHORE BOULEVARD' FOLLOWING TWO COURSES: NORTHEASTERLY 223.51 FEET ALONG THE ARC OF A 568.91 FOOT RADIUS CURVE TO THE LEFT, THE CENTRAL ANGLE OF WHICH IS 224,30' 35", AND THE LONG CHORD OF WHICH BEARS: NORTH 12° 30' 08" EAST, 222.07 FEET; THENCE 4PRTROO' 37' 03" EAST, 284.19 FEET; THENCE. LEAVING SAID. RIGHT OF WAY AT A RI431MEINGL`E:.$ HING SOUTH 89' 22' 67" EAST, 344.66 FEET; THENCE SOUTH 52' 12' 03" EAST, 15700.. FEAT: THENCE SOUTH 00' 46' 40" EAST, 191.08 FEET RADIALLY TO A POINT ON THE, I $GTiT OF WAY OF THE GULF TO • BAY BOULEVARD; THENCE ALONG SAID RIGHT ,WAY; FOLLOWING TWO COURSES: SOUTHWESTERLY 69.41 FEET ALONG THE C,•OA'R• 5x83 FOOT RADIUS CURVE TO THE RIGHT. THE CENTRAL ANGLE OF WHICH IS49'43' 11', A)4 (>111E LONG CHORD OF WHICH BEARS: SOUTH 89' 34' 55' WEST, 69.41 FEET; THENCE 89'36' 04" WEST, 324.14 FEET; THENCE LEAVING SAID RIGHT OF WAY BEARING ITH1' 20" EAST, 48.11 FEET; THENCE SOUTH 89° 56' 33" WEST PARALLEL WITH T HE .0 TQB4Y BOULEVARD, 458.86 FEET TO THE POINT OF BEGINNING. / , • SAID PARCEL CONTAINS 7.82•■3RES,OV LAND' 40RE OR LESS. SUBJECT TO AND TO T) jER ' TJ-I COVENANTS. EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECb D,If1WY. Resolution No. 16 -05 Exhibit A EXHIBIT "F" Page l of 2 NORTH 0 100 200 • - • • - GRAPHIC SCALE Proposed Access Easenent SKETCH AND LEGAL DESCRIPTION THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S. RGE 16 E PI THIS SPACE. RESERVED FOR RECORDING INFORMATION EASTERLY PROJECTION OF THE NORTHERLY LINE OF' GOVT LOT 4 CLEARWATER CHRISTIAN COLLEGE CLEARWATER CHRISTIAN COLLEGE POINT OF TERMINUS GOVT LOT 1 GOVT LOT 4 POINT OF BEGINNING /1 60 j `POINT "A" RIw STATE ROAD vD POINT OF. GULFMS CAUSEWAY BCAU BEGINNING g2 COURTNEY CAMPBELL ViAY DAMS FOR LEGAL DESCRIPTION. NOTES, LEGEND. SIGNATURE /SEAL, SEE SHEET: 2 OF 2 582'35'4 "14 POINT OF REFERENCE LB #2232 /7565 WADE TRIM CML ENCIII VIG & LANG SURVEYING SINCE 1976 1410 IPGA Blvd., Suite 148, Daytona Beach, Fl. 32117 Phone 386- 274 -1600 Fox: 386- 274 -1602 OLD TAMPA BAY LINE TABLE LABEL BEARING - DISTANCE L1 N3999'SO "E 586.93'. ti L2 N36•S0'39 "E 77.17' L3' N5r36'11 "E 105.54' L4 N39'04'58 "E 188.49' L5 N29'48'58 "E 135.68' L6 582'35'34 "W 100.00' L7 N07'24'26 "W 112.00' LB N82'35'34 "E 100.00' L9 S07'24'26'E 112.00', ZZZ22909M ACCESS 2.DWG SKETCH & DESCRIPTION DATE: JUNE 29, 2010 SHEET 1 OF 2 L 1" = 200' Resolution No. 16 -05 Exhibit A iH tSl'1' ''-r' Page 2 of 2 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL Of LAND 16 EAST AND GOVERNMENT 4, SECTION -16, TOWNSHIP SECTION 9 SOUTH,' RANGE 6 EAST, P ELLAS RANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 6D (ALSO KNOWN AS GULF - TO-BAY BOULEVARD, COURTNEY. CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE .582'35'34"W ALONG SAID NORTHERLY RIGHT -OF -WAY LINE FOR. A DISTANCE OF 190.84 FEET TO POINT "Al THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE N0774'26"W FOR A DISTANCE OF 87.25 FEET TO POINT OF BEGINNING 11 (THE POINT OF BEGINNING OF A 30-FOOT WIDE STRIP OF LAND, BEING 15.00 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE); THENCE N3919'501 FOR A DISTANCE OF 586.93 FEET; THENCE N36'50'39'£ FOR A DISTANCE OF 77.17 FEET; THENCE N51'36'11"E FOR 'A DISTANCE OF 105.54 FEET; THENCE N39'04'58'E FOR A DISTANCE OF 188.49 FEET; THENCE LINE OF THE AFOREMENTIONED GOVERNMENT ELO T4 THE AND THE POINTROF TERMINUS THE NORTHERLY TOGETHER WITH ... RETURN TO POINT "A" FOR POINT OF BEGINNING 12: THENCE S82'35'34"W ALONG THE ' AFOREMENTIONED NORTHERLY RIGHT -OF -WAY UNE OF STATE ROAD 60 FOR A DISTANCE OF 100.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE NO7'24'26"W FOR A DISTANCE OF DISTANCE FEET; OF 114.00EFEET• TO THE AFOREMENTIONED POINT OF BEGINNING 12. 507'24'26'1= FOR A THE ABOVE DESCRIBED PARCELS OF tAND CONTAIN 1.01 ACRES. MORE OR LESS, IN THE AGGREGATE. SURVEYOR'S NOTES: I. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN. BEING 58235'34"W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES. ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. LEGEND /ABBREVIATIONS LB = LICENSED BUSINESS R/W = RIGHT OF WAY PG/P = PAGE ORB = OFFICIAL RECORDS BOOK PTM = POINT OF TERMINUS LB /2232 /7565 1 HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J- 17.050 THRU 17.052. FLORIDA ADMINISTRA11VE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR /MAPPER #6105 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY - CM. ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd, Suite 148, Daytona Beach, FL 32117 ZZZ2290914 Phone 386- 274 -1600 Fox: 386 -224 -1602 ACCESS 2.0M SHEET 2 OF 2 I 1" = 200' DATE: JUNE 29, 2010 Resolution No 16 -05 Exhibit A HIBI N Clearwater Christian College Stormwater Narrative The four major drainage areas within the site are the Campus and Parking area, the Southwest Parking Lot, the Soccer Field, and the Baseball field. The general approach for the campus area is to consolidate all the existing interior campus and parking area treatment systems into one wet detention pond in front of the Cathcart Hall. Runoff in the proposed parking in the southwest corner of the site will be treated in dry retention areas that will conform to the City's criteria of complete exfiltration within 24 hours. The athletic fields will be managed by underdrains and sand filter effluent systems. A net increase in water quality treatment is expected to result from construction of the systems above. Currently a significant portion of the interior campus discharges directly to the small saltwater pond in front of Cathcart Hall. This pond fluctuates with daily tidal flows thus it provides little residence time for treatment of runoff. The various other interior campus treatment swales appear to function, but due to their dependence on drainage structures that require constant maintenance, parking lot flooding occurs with some frequency. The existing soccer field has no treatment system and discharges untreated runoff to Coopers Bayou. The proposed underdrain systems are essential as the existing soccer field saturates in seasonally wet periods to the extent that there is a history of cancellation of organized collegiate events with other colleges. A second critical component of the stonnwater management system for the athletic fields is the proposed raised trail around the soccer field and increased grades around the perimeter of the baseball diamond and practice field. The intent in both cases is to contain runoff within the fields and force treatment, first through the underdrains directly under the playing surfaces, then through sand filter side drains. There is currently no buffer between the existing soccer field and the adjacent wetlands area which is actually a SWFWMD- designated mitigation area). In some locations around the existing soccer field the wetland buffer continues to be less than the City's required 16.75 foot width, however, the trail over compensates for the decreased buffer by containing all runoff within the field and treating it in the underdrain/sidedrain system. The Master Plan, as attached to the development agreement and being reviewed in conjunction with the FLD application, includes a wetland buffer around the new development proposed on the campus and meets the City Code for the site average of 25 foot. Resolution No. 16 -05 - Exhibit B This instrument was prepared by and rctum to: Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater. FL 33757 -1368 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010311777 11103!2010 at 03:17 PM OFF REC BK: 17078 PG: 179 -197 DocType:AGM RECORDING: *163.00 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ( "Amendment ") is entered into among CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non - profit corporation, its successors and assigns (collectively the "Developer "), whose address is 3400 Gulf -to -Bay Boulevard, Clearwater, Florida 33759, and THE CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (the "City "), whose address is 112 South Osceola Avenue, Clearwater, Florida 33756. WITNESSETH: WHEREAS, the City and Developer entered into a Development Agreement, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida ( "Agreement ") concerning 131.05 acres of property more particularly described therein (the "Property "); WHEREAS, Section 5.1 of the Agreement provides that the Agreement shall not be effective until final approval and effectiveness of certain zoning designations and future land use map designations for the Property; WHEREAS, Section 6.1.4 of the Agreement provides for the establishment of a Conservation Easement; WHEREAS, Section 6.1.3.1 of the Agreement provides that the Property must be developed in substantial conformance with a Master Plan; WHEREAS, during the approval process, the proposed area of the land use plan and zoning changes was modified, which resulted in changes to the Mitigation Area, the Master Plan Area, the Master Plan and the proposed conservation easement area; WHEREAS, the parties have agreed to certain revisions to the Agreement to incorporate these changes; Resolution No. 16 -05 Exhibit B WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 et mg, Fla Stat. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Amendment the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on October 21, 2010, the City Council approved this Amendment, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Amendment and has duly authorized the undersigned individual to execute this Amendment on Developer's behalf; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: Section 1. this Agreement. Recitals. The above recitals are true and correct and are a part of Section 2. Capitalized Terms. Capitalized terms used herein that are not defined shall have the same meanings given to such terms in the Agreement. Section 3. Amendment to Agreement. The Agreement is amended as follows: 3.1 All references in the Agreement to the Mitigation Area shall refer to 102.5 acres. 3.2 Notwithstanding any references in the Agreement to the contrary, the Developer has requested a future land use map amendment resulting in a change of approximately 12.99 acres m.o.l. of the Property. 3.3 Exhibit A to the Agreement, Legal Description of Master Plan Area and Mitigation Area, is hereby deleted and replaced with the "Revised Exhibit A" attached to this Amendment. 3.4 Exhibit B to the Agreement, the Master Plan, is hereby deleted and replaced with the "Revised Exhibit B" attached to this Amendment. 3.5 Exhibit C to the Agreement, Mitigation Narrative, is hereby deleted and replaced with the "Revised Exhibit C" attached to this Amendment. 3.6 Exhibit D to the Agreement, the Project Future Land Use and Zoning Maps, is hereby deleted and replaced with "Revised Exhibit D" attached to this Amendment. 3.7 Section 4.2 of the Agreement is hereby amended to read: 2 Resolution No. 16 -05 Exhibit B The Project shall include 667 parking spaces, as shown on the Master Plan attached where 386 are existing today. 3.8 Section 4.3 of the Agreement is hereby amended to read: The proposed floor area ratio on the Master Plan Area shall not exceed .169 nonresidential area and the proposed density shall not exceed 750 dormitory beds, including use of the multiplier of 3 beds per unit ( "Residential Equivalent Use ") and the transfer of development rights described in Section 6.1.3.9 of this Agreement. The proposed height of the Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is no proposed development on the Mitigation Plan Area. 3.9 Section 6.1.3.5 of the Agreement is hereby amended to read: The residential density shall be limited to 750 beds, including the use of the Institutional density of 12.5 dwelling units per acre, the Residential Equivalent Use of 3 beds per . dwelling unit pursuant to the Pinellas Planning Council Countywide Rules and the transfer of development rights described in Section 6.1.3.9 of this Agreement. 3.10 The following Section 6.1.3.9 is hereby added to the Agreement: 6.1.3.9 Developer and City desire to transfer development rights comprised of residential dwelling units and nonresidential density currently allocated to portions of the Mitigation Area (Sender Site), which are to be used in connection with the development of the Master Plan Area (Receiver Site) in accordance with Division 14, Article 4 of the Clearwater Community Development Code., The Developer shall submit and the City shall process an application seeking approval of such transfer of development rights as required by Code ( "TDR Application "). In the event of any Code amendment occurring prior to submittal and final approval of the TDR Application, City agrees that the TDR Application, Master Plan and this Agreement shall not be impacted by such Code amendment. 3.11 Section 6.1.3.6 of the Agreement is hereby amended to read: 6.1.3.6 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater and included in the Developer's published Safety Manual. All students, faculty and staff shall receive a copy of such plan at the beginning of each school semester. Developer agrees to close and vacate all persons (except for emergency personnel required to secure and protect the facilities) from the Property as soon as practicable after the issuance of a hurricane watch by the National Hurricane Center which includes the Property. All dormitory construction shall meet Florida Building Code standards for 3 Resolution No. 16 -05 Exhibit B construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property. 3.12 Section 5.2 of the Agreement is hereby amended to read: 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. In the event that, the contingencies described in Section 5.1.2, Section 5.1.3, and Section 5.1.4 above, are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. Notwithstanding the foregoing, Developer may request two extensions of time, via the Community Development Coordinator, for the completion of these contingencies for no more than twelve additional months each. All time periods set forth in this Section 5 shall be automatically extended for a period of time equal to that required to pursue any administrative challenge to or litigation regarding any approval by a local, state or federal permitting agency, including any appellate proceedings arising therefrom. Section 4. Ratification. Except as modified herein, the terms and conditions of the Agreement remain in full force and effect and are ratified by the parties. Section 5. Effective Date. As provided in § 163.3239, Florida Statutes (2010), this Amendment will become effective after being recorded in the Public Records of Pinellas County, Florida, and 30 days after having been received by the state land planning agency. 4 Resolution No. 16 -05 Exhibit B IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this 4Q7 day of , 2010. Countersigned: CITY OF CLEARWATER, FLORIDA By: 1.4.444A '/161‘1..02-7a Frank V. Hibbard William B. Home II Mayor City Manager Approved as to form: Leslie . Dougall -S Assistant City Attorney Attest: Rosemarie Call City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this " day of , 2010, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known to me. STATE OF FLORIDA ) COUNTY OF PINELLAS ) Print/Type Name..„I,AN e /L1s�.✓.✓r Notary Public DIANE E MANNI MY COMMISSION # DD952018 �r�rti��_ EXPIRES March 06, 2014 (407) 380 -0153 FbridallotarySwvics.com The foregoing instrument was acknowledged before me this A 4 day of , 2010, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. 444-1k-e._ .�. Print/Type Named .D/,f . /u.,/.✓ , Notary Public 407) 46.0150 DIANE E MANNI MY COMMISSION # DD952018 EXPIRES March 06, 2014 FbrideNoferyServioe.00m Resolution No. 16 -05 Exhibit B Witnesses: Signat -hang Kahn Print Name Signature 51 -TworN H►a r�k Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this l5 day of Ckhboir CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida Non profit corporation By: u� Randy ivingston r Vice President for Financial Affairs , 2010, by Randy Livingston, as Vice President for Financial Affairs of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation, on behalf of the corporation. He "is personally known to me or ❑ produced as identification. *e:',1'D44, LYNN F. SAMTH MY COMMISSION # DD 726303 EXPIRES: February 18, 2012 �,�rFOF F�f%�OF Bonded UN Badgei Nolan Semen #539448 v 1— CCC /1" Amend to Dev Agt AI NOT ' t PUBLIC Printed ame: LT, r SMi Commission No. �p '1 a CI 303 My Commission expires: ?../IX j I Resolution No._ 16 -05 Exhibit B Revised Exhibit A Page 1 of 6 re co a LEGEND/ABBREVIATIONS LB = LICENSED BUSINESS R/W = RIGHT OF WAY PG/P - PAGE ORB = OFFICIAL RECORDS BOOK Master Plan Area SKETCH AND LEGAL DESC IP fION THE NORTH 1/2 OF THE NE 1/4 SEC 16, TVA, 29 S, RGE 16 E RAD: 25.00' ARC: 39.24' C3 CH: 35.34' CHB: N19'53'43"E NORTH 0 200 400 GRAPHIC SCALE THIS SPACE RESERVED FOR RECORDING INFORMATION C4 - EASTERLY PROJECTION OF THE NORTHERLY UNE OF GOVT LOT 4 RAD: 25.00' ARC: 37.46' CH: 34.05' CHB: S6813'01•E DELTA: 85'51'05" DELTA: 8956'13" 3 O G� C3 C4 x I- a Of m 58910'50 °E 524.51' GOVT LOT 3 GOVT LOT 4 EASTER TRACT PER ORB 16135. PG 2684 RAD: 5475.83' ARC: 150.00' 2 CH: 150.00' CHB: N83'22'38"E DELTA: 01'34'10" C2 12 R /1M 52.35 34•W 828 C1 gTATE ROAD 60 RR 5525..83 '�� CAMPBELL w ylAY Ct CH: 151.36' CO DAVIS CAUSEWAY CHB. 583'22'38 "W DELTA: 01'34'10" OLD TAMPA BAY POINT OF BEGINNING FOR GEOMETRY UNE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 DEEP WATER CHANNEL LB ,/2232 /7565 WADE TRIM A WADE TRY COIPANY - CIVL ENGINEERING & LAND SURVE`ANG SINCE 1976 1410 LPGA Blvd., Suite 148, Dottana Beach, ft 32117 1Z2229009M Phone: 386- 274 -1600 Fax 386- 274 -1602 DEV AREA 28.55.DWG SKETCH dc DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 1 OF 3 I 1" = 400' Resolution No. 16 -05 Exhibit B Revised Exhibit A Page 2 of 6 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING Li 50.00 N05'50'169W 12 75.89 N82'35'34•E L3 17.60 N18•25'35•E 14 11.75 N66•10'36•W L5 36.90 N07•24'44•E 16 34.57 N27.46'29•E L7 , 26.14 N22•06'03•E L8 21.03 585'27'49'E 19 47.05 N00'22'32'W L10 10.17 N76'03'09'V L11 49.43 N09•14'50'W L12 49.13 N21•51'04•W 113 15.55 N61•45'36'W L14 36.76 N39•48'21'W 115 38.04 NO3•51'29'E L16 39.77 NO1•01•26•W 117 22.62 143914'16'V LIB 6.68 NO2•01•50'E L19 21.83 N4B•07'04•E L20 23.22 N23•43'08•V L21 17.15 N60•13'20'E 122 10.05 N06•42•31•E L23 13.11 N41.29'06'W L24 25.74 N45•22'31•E L25 23.82 N63'18'48•E L26 49.94 N53•55'07•E 127 56.85 N00•16•34'W L28 180.68 N89•43•26•E 129 107.99 N00•16'34•W L30 17.99 N89•43'26'E L31 68.66 N00•56•49•V L32 71.74 N14•00•29•W L33 31.35 N14•1749'W L34 148.53 N25104'24'14 135 47,65 N64•51'49•E L36 61.06 N55•02'03'E 137 52.20 N61•14'38'E 138 37.04 N63'49'28•E L39 92.52 N70.22'20'E tHIS SPACE RESERVED FOR RECORDING INFORMATION L40 104.72 N68•51•27•E 141 63.57 S25•17'28•E L42 40.81 N36'18'39'E L43 19.77 N29•55•15•E L44 18.51 N66•58'31•E L45 27.81 S85•43'35•E L46 24.66 N71•55'13•E L47 30.63 1452.06'00'E S89•4920'E 148 204.74 L49 9.09 N62•13'50•E L50 26.32 N21•46'43•E 151 28.03 N34•38'33'W L52 36.60 N40•45•36•V 153 47.45 S85•40•57'W L54 17.54 N42•47'16'W 155 11.80 N21•20'23'E 156 23.76 N89•08•03•E L57 9.50 N47•26'36•E L58 27.47 N06.22•13•E L59 22.62 N78•25'27•E 160 14.18 N46•5113'E 161 20.43 S49•55'47•E L62 25.83 S23•46'33•E L63 56.43 N71•05'46'E L64 9.36 S38•52•30•E L65 24.28 367.05'16'E L66 24.29 N33•07'17•E L67 28.70 S69.05'02'E 168 30.96 S24•08'40•E L69 8.64 S20•16•44•E L70 11.51 S87•50•35•W L71 19.46 S26648'43•W L72 19.13 523•25•49•V 173 24.18 511.23'43•E L74 17.83 N49•11•46•E 175 34.97 N82•59•36•E SURVEYOR'S IV07E.'S: 1. BASIS OF BEARINGS ASSUMED. Win 71E NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82"35'34•W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WM( FURNISHED). J. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. LB #2232 #7565 WADE TRIM CIVIL ENGINEERING & LAND SURVE`1NiG SING 1976 1410 LPCA Blvd., Suite 148, Daytona Beech, FL 32117 1ZZ2290091A Phone 386- 274 -1600 For 386- 274 -1602 DEV AREA 28.55.DWG SKETCH & DESCRIPTION DATE OCTOBER 5, 2010 SHEET 2 OF 3 l K.E Resolution No. 16 -05. Exhibit B Revised Exhibit A Page 3 of 6 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1. SECTION 15. TOWNSHIP 29 SOUTH. RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSFIIP 29 SOUTH. RANGE 16 EAST, AND THE NORTH X OF THE NORTHEAST )f OF SAID SECTION 16, PINEu.AS COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, NM THE NORTHERLY RIGHT -OF-WAY UNE OF STATE ROAD 60 (ALSO KNOWN AS GULF - TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF BEGINNING; THENCE 582'3534'W ALONG SAID NORTHERLY RIGHT -CIF -WAY UNE FOR A DISTANCE OF 828.48 FEET TO A POINT OF CURVATURE; THENCE ALONG SAO CURVE TO THE RIGHT HAVING A RADIUS OF 552583 FEET. AN ARC LENC1N OF 151.37 FEET. A CENTRAL ANGLE OF 01'3410 ". A CHORD BEARING CF S83'22'381/ AND A CHORD DISTANCE Of 151.36 FEET TO A NON - TANGENT LINE: THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE N055016'W ALONG SAO UNE FOR A DISTANCE OF 50,00 FEET TO A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET. AN ARC LENGTH OF 150.00 FEET. A CENTRAL ANGLE OF 01'3410 ". A CHORD BEARING OF N83'2218'E AND A CHORD DISTANCE Of 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'35'34'1E FOR A DISTANCE OF 75.89 FEET; THENCE N1825'35'E FOR A DISTANCE Of 17.60 FEET; THENCE N6810'36'W FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE 1127'46'29'E FOR A DISTANCE OF 34.57 FEET; THENCE N22'06'03'E FOR A DISTANCE OF 26.14 FEET; THENCE S8517'491 FOR A DISTANCE OF 21.03 FEET; THENCE NO0'22'3211 FOR A DISTANCE OF 47.05 FEET: THENCE N7W03'091V FOR A DISTANCE OF 10.17 FEET; THENCE N0914'5CEW FOR A DISTANCE OF 49.43 FEET; THENCE N2151'041, FOR A DISTANCE OF 49.13 FEET; THENCE N6115'36'W FOR A DISTANCE OF 15.55 FEET: THENCE N39'48'21'W FOR A DISTANCE Of 36.76 FEET; THENCE NO351'291 FOR A DISTANCE Of 38.04 FEET; THENCE NO1'01•26"W FOR A DISTANCE OF 39.77 FEET; THENCE N3914'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02111'SO"E FOR A DISTANCE OF 8.68 FEET; THENCE N48'0704'E FOR A DISTANCE OF 21.83 FEET; THENCE 1 23'43'08'W FOR A DISTANCE OF 2122 FEET; • THENCE N8093'20'E FOR A DISTANCE OF 17.15 FEET; THENCE NO6'42'31'E FOR A DISTANCE OF 10.03 FEET; THENCE N41'29'06'71 FOR A DISTANCE OF 13.11 FEET; THENCE N452731'E FOR A DISTANCE OF 25.74 FEET; THENCE N63113'48'E FOR A DISTANCE Of 23.82 FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET; THENCE N0016•34•W FOR A DISTANCE OF 56.85 FEET: THENCE N89-43'26'E FOR A DISTANCE Of 180.68 FEET; THENCE NOO16141W FOR A DISTANCE OF 107.99 FEET; THENCE N89•4316'E FOR A DISTANCE OF 17.99 FEET; THENCE NOO'56'491I FOR A DISTANCE OF 58.66 FEET; THENCE N14170'2911 FOR A DISTANCE OF 71.74 FEET; THENCE N1413'491W FOR A DISTANCE OF 31.35 FEET; THENCE N251ye'241W FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURL? TO THE RIGHT HAVING A RADIUS OF 2500 FEET. AN ARC LENGTH OF 39.24 FEET. A CENTRAL ANGLE OF 89.5813", A CHORD BEARING OF N1953•43•E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY; THENCE N6411•49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'0203'E FOR A DISTANCE OF 61.06 FEET; THENCE N6114'38'E FOR A DISTANCE OF 52.20 FEET; THENCE N63'49'38'E FOR A DISTANCE OF 37.84 FEET; THENCE N7012'20 -E FOR A DISTANCE OF 92.52 FEET; THENCE 1168'ST27'E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET. A CENTRAL ANGLE OF 85'51'05 ". A CHORD BEARING OF 568'13'01'E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE 52517'28'£ FOR A DISTANCE OF 63.57 FEET; THENCE N3618'39'E FOR A DISTANCE OF 40.81 FEET; THENCE N29'55'15'E FOR A DISTANCE OF 19.77 FEET; THENCE N68'5811"E FOR A DISTANCE OF 18.51 FEET; THENCE 585'43'35'E FOR A DISTANCE OF 27.81 FEET; THENCE N71'5513'E FOR A DISTANCE OF 24.66 FEET: THENCE N52'06'00'E FOR A DISTANCE OF 30.63 FEET: THENCE S89•49'20'E FOR A DISTANCE OF 204.74 FEET; THENCE N6213'S0t FOR A DISTANCE OF 9.09 FEET; THENCE N2146'43•E FOR A DISTANCE OF 28.32 FEET; THENCE N34'38•33""W FOR A DISTANCE OF 28.03 FEET; THENCE N40'45•36'W FOR A DISTANCE OF 36.60 FEET; THENCE S854017 -W FOR A DISTANCE OF 41.45 FEET; THENCE N42'47'1E-IV FOR A DISTANCE OF 17.54 FEET; THENCE 1421'20131 FOR A DISTANCE OF 11.80 FEET: THENCE N89'08'03'E FOR A DISTANCE OF 23.76 FEET; THENCE N4716'36i FOR A DISTANCE OF 9.50 FEET; THENCE 1406'22'13'E FOR A DISTANCE OF 27.47 FEET: THENCE N78'2517'E FOR A DISTANCE OF 22.62 FEET; THENCE N46•1'131 FOR A DISTANCE OF 14.18 FEET; THENCE S49'55'471 FOR A DISTANCE OF 20.43 FEET: THENCE S23'46'13E FOR A DISTANCE OF 25.83 FEET; THENCE N711O5'46t FOR A DISTANCE Of 56.43 FEET; THENCE 53852'30'E FOR A DISTANCE OF 9.38 FEET; THENCE 5670516'E FOR A DISTANCE OF 24.28 FEET; THENCE N33'D7'17'E FOR A DISTANCE OF 24.29 FEET: THENCE 569'05'02'£ FOR A DISTANCE OF 26.70 FEET; THENCE 524'08'40"£ FOR A DISTANCE OF 30.96 FEET; THENCE S2016•44'E FOR A DISTANCE OF 8.64 FEET; THENCE S87'5O'35•W FOR A DISTANCE OF 11.51 FEET: THENCE S26'48•43'W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49'W FOR A DISTANCE OF 19.13 FEET; THENCE S11'23'43•E FOR A DISTANCE OF 24.18 FEET; THENCE N4911'461 FOR A DISTANCE OF 17.83 FEET: THENCE N8219'361 FOR A DISTANCE Cl 34.97 FEET TO THE EAST UNE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE 500'00'00'W ALONG SAID SECTION LINE FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4: THENCE DEPARTING SAID SECTION UNE S6930501: ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE Of 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOU.OIIING TWO (2) COURSES; 1) THENCE S43'23'49'W FOR A DISTANCE OF 763.40 FEET; 2) THENCE S44'38'51'W FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL CONTAINS 25.55 ACRES. MORE OR LESS. HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5.1- 17.050 TiTRU 17.052. FLORIDA ADMINISTRATIVE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER 16105 LB 12232 /7565 WADE TRIM OIL ENCORING & LAND SURVEYING SINCE 1976 1410 (.PGA 814. Suite 148, Dayton° Bead1, R 32117 ZZZ229009M Mom 386 -274 -1600 Fox: 386- 274 -1602 DEV AREA 28.55.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 3 OF 3 1 KY Resolution No.. 16-05 Exhibit B Revised Exhibit A Page 4 of 6 At- NORTH 0 200 400 GRAPHIC SCALE S52'41'38'W N8912'51 "W /97.82' 61.65' 552'42'01"W 73.01' BAYSHORE BOULEVARD SKETCH AND Mitigation Area LEGEND/ABBREIMTTONS LEGAL DESCRIPTION LB = LICENSED BUSINESS R/W a RIGHT OF WAY PG/P = PAGE ORB = OFFICIAL RECORDS BOOK NORTH UNE OF SEC 16-- T29S --R16E THIS SPACE RESERVED FOR RECORDING INFORMATION C5 RAD: 418.31' ARC: 208.37' CH: 206.22' CHB: S38'25'25 "W DELTA: 28'32'27" RAD: 266.31' ARC: 243.90' CN: 235.59' CHB: S26'39'013"W DELTA: 52'04'59' S89'22'57 "E 344.66' Cl ce - N89'32'51'W 2138.42' THE NORTH 1/2 OF THE NE 1/4 SEC 16. TWP29S,RCE16E 102.50 ACRES MORE OR LESS RAD: 5475.83' ARC: 150.00' C2 CH: 150.00' CHB: N83'22'38 'E DELTA: 01'34'10' RAD: 5525.83' ARC: 151.37' CH: 151.36' CHB: S83'22'381W DELTA: 0134'10' RAO: 25.00' _ ARC: 39.24' v,1 C3 CH: 35.34' CHB: N19'53'43 "E DELTA: 89'58'13' RAD: 25.00' ARC: 37.46' C4 CH: 34.05' CHB: 56813'01"E DELTA: 85'51'05' GOVT LOT 3 ��0 C4 oA- EAST LINE OF SEC 16- T29$-RI5E GOVT LOT 1 GOVT LOT 4 TAMPA BAY POINT OF BEGINNING EASTER TRACT PER ORB 16135, PC 2664 i C2 C7 R RAD: 5525.83' ARC: 468.01' CH: 487.85' . CHB: N86'41'32"E DELTA: 05'03'36" C1 STATE ROAD 60 GULF— TO— BAY LBtYO CORN DAVISS CAMPBELL 2.35'34.* 828.46 POINT OF REFERENCE FOR GEOMETRY UNE TABLES AND NOTES. SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 LB 12232 17565 WADE TRIM A WADE TRIM COMPANY - a t ENGINEERING & LAND SUR%OING WE 1976 1410 IPGA Bhd, Suite 14& Dayton*, Beech, FL 32117 MIT AREA Phone 386- 274 -1600 Fat 386- 274 -1602 102.50.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 1 OF 3 I 1. = 400' Resolution No. 16 -05 Exhibit B Revised Exhibit A Page 5 of 6 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING LI 50.00 N05•50•16'W L2 75.89 N82•35'34•E L3 17.60 N18•25•35•E L4 11.75 N66•10'36'W L5 36.90 N07•24•44'E L6 34.57 N27•46•29'E 17 26.14 N22•06'03•E L8 21.03 583•27•49'( L9 47.05 N00•22'32'W L10 10.17 N76•03•09•W Lt1 49.43 N09•14'S0'W L12 49.13 N21•51•04'V L13 15.55 N61•45'36'W L14 36.76 N39•48•21•V L15 38.04 NO3•51'29•E L16 39.77 N01.01•26'W 117 22.62 N39'14.16'V Ll8 6.68 1402•01'50-E L19 21.83 N48•07'04•E L20 2322 N23•43'08•W 121 17.15 N60•13'20•E L22 10.05 N06•42•31'E L23 1111 N41•29'06'V L24 25.74 N45•22'31•E 125 2182 N63•18•48•E L26 49.94 N53•55'07'E L27 56.85 N00•16•34'W L28 180.68 N89'43'26'E L29 107.29 140016'34w L30 17.99 N89•43'26•E L31 68.66 N00•56•49'W 132 71.74 N14•00•29•V 133 31.35 N14•13'49'W L34 148.53 N25•04•24•V L35 47.65 N64•51'49'E L36 61.06 N55•02•03•E 137 52.20 N6114•38•E L3B 37.84 N63•49•28'E L39 92.52 N70•22•20•E THIS SPACE RESERVED FOR RECORDING INFORMATION L40 104.72 N68•51'27•E 141 63.57 S25•17•28•E L42 40.81 N36•18•39•E L43 19.77 N29•55'15•E L44 18.51 N66•58'31•E L45 27.81 S85•43'35•E L46 24.66 N71•55•13'E L47 30.63 N52 •06'00'E L48 204.74 S89•49'20•E L49 9.09 N62•13'S0•E L50 26.32 N21'46'43•E 151 28.03 N34•38•33'V L52 36.60 N40•45'3611 L53 47.45 585•40'57•W L54 17.54 N42.47•16•V L55 11.80 N2t•20'23•E L56 23.76 N89.08'03•E L57 9.50 N47•26'36•E L58 27.47 N06•2213'E L59 22.62 N78•25'27•E 160 14.18 N46-51'13•E L61 20.43 S49•55•47•E L62 25.63 S23•46•33•E L63 56.43 N71•05'46•E 164 9.36 S38•52'30•E L65 24.28 567.05'16'E L66 24.29 N33.07.17•E L67 28.70 569•05•02'E L68 30.96 S24•08•40•E L69 8.64 520•16'44•E L70 11.51 587•50•359J 171 19.46 526.48'43• V L72 19.13 S23•25'49'V L73 24.18 S11•23'43'E L74 17.83 N49•11•46•E L75 34.97 N82•59'36•E SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, METH THE NORTHERLY LINE OFF STATE ROAD 60, AS SHOWN, BEING S8235'34•W. 2. THERE WAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TIME WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRADON FOR INFORMATIONAL PURPOSES ONLY. AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. LB 12232 /7565 WADE TRIM CM. ENGINEERING & LAO SJRVEYING SNCE 1976 1410 IPGA mod., Site 148, Daytona Beach, FL 32117 Phase 386- 274 -1600 For 386- 274 -1602 MIT AREA 102.50.DYYG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 2 OF 3 I KJK Resolution No. 16 -05 Exhibit B Revised Exhibit A Page 6 of 6 SKETCH AND LEGAL DESCRFTION LEGAL DESCRIPTION TINS SPACE RESERVED FOR RECORDING INFORMATION A PARCEL OF LAND LOCATED WI GOVERNUENT LOTS 3 AND 4, SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH 14 OF THE NORTHEAST ){ OF SAID SECTION 16. PINELLAS COUNTY. f1.ORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS. VAN THE NORTHERLY RIGHT -OF- -WAY UNE OF STATE ROAD 80 (ALSO KNOWN AS GULF- TO-BAY BOULEVARD. COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE THENCE S82'3534'W ALONG SAID NORTHERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET. A CENTRAL ANGLE OF 01'34'10 ", A CHORD BEARING OF 583'22'38`W AND A CHORD DISTANCE OF 151.36 FEET TO TEE POINT OF BEGINNING OF THIS DESCRIPTION, THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY UNE NO5'50'TB W FOR A DISTANCE OF 50.00 FEET TO A NON - TANGENT CURVE: THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET. A CENTRAL ANGLE OF 01'34'10. A CHORD BEARING OF N83'22'38'E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE 1482'3534'E FOR A DISTANCE OF 75.89 FEET; THENCE µ1875'35'E FOR A DISTANCE OF 17.60 FEET; THENCE N6610'3619 FOR A DISTANCE OF 11.75 FEET; THENCE NO7'24'44'E FOR A DISTANCE OF 36.90 FEET: THENCE N27'48'291 FOR A DISTANCE OF 34.57 FEET; THENCE N22'O6'03'E FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'491 FOR A DISTANCE OF 21.03 FEET; THENCE N00'22'32"W FOR A DISTANCE OF 47.05 FEET; THENCE 1176'03'09"W FOR A DISTANCE OF 10.17 FEET; THENCE 11091410'W FOR,A DISTANCE OF 49.43 FEET; THENCE N2151'04'W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36'W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE N0351'29'E FOR A DISTANCE OF 38.04 FEET; THENCE NO1'01'2619 FOR A DISTANCE OF 39.77 FEET; THENCE N391416111 FOR A DISTANCE OF 22.62 FEET; THENCE 1402O1'50'E FOR A DISTANCE OF 8,58 FEET; THENCE N481)7'04'E FOR A DISTANCE OF 21.83 FEET; THENCE 1123'43'08'Tµ FOR A DISTANCE OF 23.22 FEET; THENCE N6013'201 FOR A DISTANCE OF 17.15 FEET; THENCE NO6'42'311 FOR A DISTANCE OF 10.05 FEET; THENCE 144129'0611/ FOR A DISTANCE OF 13.11 FEET; THENCE N4522'31'1 FOR A DISTANCE OF 25.74 FEET: THENCE N6318.481 FOR A DISTANCE OF 23.62 FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET; THENCE NO018'34'W FOR A DISTANCE OF 56.85 FEET: THENCE N89'43'261 FOR A DISTANCE OF 180.68 FEET; THENCE, N0016'34'W FOR A DISTANCE OF 107.99 FEET: THENCE N89'43'26'E FOR A DISTANCE OF 17.99 FEET; THENCE NO0'56'49'19 FOR A DISTANCE OF' 68.66 FEET; THENCE N14'00'2911/ FOR A DISTANCE OF 71.74 FEET; THENCE N1413'4911, FOR A DISTANCE OF 31,35 FEET; THENCE N25'04'2419 FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE THENCE ALONG SAID CURVE TO NE RIGHT HALING A RADIUS OF 2500 FEET. AN ARC LENGTH OF 39.24 FEET, A CENTRAL ANGLE OF 69'56'13': A CHORD BEARING OF N19'53'43'E AND A CHORD DISTANCE OF 3534 FEET TO A POINT OF TANGENCY; THENCE N6411'49'E FOR A DISTANCE OF 47,65 FEET; THENCE N55'0'2'03'E FOR A DISTANCE OF 61.06 FEET: THENCE N6114'38'E FOR A DISTANCE OF 52.20 FEET; THENCE µ63'49'38'E FOR A DISTANCE OF 37.84 FEET; THENCE N7012'201 FOR A DISTANCE Of 92.52 FEET; THENCE N6851'27'E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET. A CENTRAL ANGLE OF 8551'05: A CHORD BEARING OF S6613'011 AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE 52517281 FOR A DISTANCE OF 53.57 FEET; THENCE N3818'391 FOR A DISTANCE OF 40.81 FEET; THENCE N2955'15'E FOR A DISTANCE OF 19.77 FEET; THENCE N6618'311 FOR A DISTANCE OF 18.51 FEET; THENCE S85'43'35'E FOR A DISTANCE OF 27.81 FEET; THENCE N7115'13'E FOR A DISTANCE OF 24.66 FEET; THENCE N52106'001 FOR A DISTANCE OF 30.63 FEET; THENCE S89'49'20'E FOR A DISTANCE OF 204.74 FEET; THENCE N6213'501 FOR A DISTANCE OF 9.09 FEET; THENCE 121.46'43'E FOR A DISTANCE OF 26.32 FEET: THENCE N34'3533'W FOR A DISTANCE OF 28.03 FEET; THENCE N40'45'38'W FOR A DISTANCE OF 36.60 FEET: THENCE 58510'57'W FOR A DISTANCE OF 47,45 FEET; THENCE N42'4T16'W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE N89•O8'03'E FOR A DISTANCE OF 23.76 FEET; THENCE µ4726'36'E FOR A DISTANCE OF 9.50 FEET; THENCE µ08'22'131 FOR A DISTANCE OF 27.47 FEET; THENCE N78'25'27'£ FOR A DISTANCE OF 22.82 FEET; THENCE N4611'13'E FOR A DISTANCE OF 14.18 FEET; THENCE S4955'47'E FOR A DISTANCE OF 20.43 FEET; THENCE S2316'331 FOR A DISTANCE OF 25.83 FEET: THENCE N71O5'46'E FOR A DISTANCE OF 56.43 FEET; THENCE S38•2'30•E FOR A DISTANCE OF 9.36 FEET: THENCE S671)5'16'E FOR A DISTANCE OF 24.28 FEET; THENCE N33'07'171 FOR A DISTANCE OF 24.29 FEET; THENCE S6956'021 FOR A DISTANCE OF 28.70 FEET; THENCE S24'08'40'E FOR A DISTANCE OF 30.96 FEET; THENCE 52016'441 FOR A DISTANCE OF 8.64 FEET; THENCE S8710'35'W FOR A DISTANCE OF 11.51 FEET: THENCE S26'46'43'W FOR A DISTANCE OF 19.46 FEET; THENCE 52325'49'W FOR A DISTANCE OF 19.13 FEET; THENCE S11'23'43'5 FOR A DISTANCE OF 24.18 FEET; THENCE N4911'46'E FOR A DISTANCE OF 17.83 FEET; THENCE µ6259'36'E FOR A DISTANCE OF 34.97 FEET TO THE EAST UNE OF SAID SECTION 16, 6D1919IP 29 SOUTH. RANGE 16 EAST; THENCE 140060'00'E ALONG SAID SECTION UNE FOR A DISTANCE OF 1042.60 FEET TO THE NORTH LINE OF SAID SECTION 16: THENCE DEPARTING SAID EAST UNE ALONG SAID NORTH LINE N89'3211'W FOR A DISTANCE OF 2138.42 FEET TO A NON - TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 416.31 FEET, AN ARC LENGTH OF 208.37 FEET, A CENTRAL ANGLE OF 2832'27: A CHORD BEARING OF S3825'2511 AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE 552'4µ'38'W FOR A DISTANCE Of 97.82 FEET; THENCE MI9'32'51'W FOR A DISTANCE OF 81.65 FEET; TO THE EASTERLY RIGHT -OF -WAY LINE OF BAYSHORE BOULEVARD (A VARIABLE YAWN RIGHT -OF -WAY); THENCE ALONG SAID RIGHT -OF -WAY LINE S52'42'011V FOR A DISTANCE OF 73,01 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF 243.90 FEET. A CENTRAL ANGLE OF 52'04'59; A CHORD BEARNG OF 526'39'08'W MID A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE SDD'3T03'W FOR A DISTANCE OF 137855 FEET TO THE NORTHERLY LINE OF LANDS KNOW AS THE EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135. PACE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE. DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE S891217'£ ALONG SAID NORTHERLY UNE FOR A DISTANCE OF 344.66 FEET: THENCE CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S5212'O3'E FOR A DISTANCE OF 572.80 FEET; THENCE SO0'46'40'E FOR A DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT -OF-WAY UNE Of THE AFOREMENTIONED STATE ROAD 60 AND A NON- TANGENT CURVE; THENCE DEPARTING SAID EASTER TRACT BOUNDARY UNE, ALONG SAID MEAT-OF-WAY LINE AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 5525.63 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05'03'36: A CHORD BEARING OF µ86'41'321 AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 102.50 ACRES. MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-- 17.050 THRU 17.052. FLORIDA ADMINISTRATIVE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER /6105 LB /2232 #7565 WADE TRIM CIVIL ENGIBEtRNG & LAND SURYEYNG SINCE 1976 1410 LPGA Blvd., Suite 148, DDyt0 o Beach, FL 32117 Pbcne 386 -274 -1600 For 386 -274 -1602 MIT AREA 102.50.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 3 OF 3 I KY Resolution No. 16 -05 . Exhibit B Revised Exhibit B [Revised Master Plan] Resolution No. 16 -05 Exhibit B Palma, 0,04 1111011 •404010 2.40 .040 •1104•40 .01111{ Nowa. arena a.. Mt YJ�u[ FM if • ..00 PR • ry / Ym^ f,J MR••••• u.. an. -MS CLEAMRATER CHMSTIAN COLLEGE MONO k PROPO`SED TACIUTKS Aar I A A.•.••. ^ =MNQ11M77•11f67� llt4 =v — 7T- A-!';_ 7'.L_M _.--_ ..a. • .• ®!MII©t"1• Ems -� 7,'..7!.- 7'.T!!= 7 C71111■ ■■IIIIMIIMMIIM11 ri___ 11Rr=1•1[ •R=IIMlIftS7 ©raffia ®S=M1@• 1111n1• Mn'TIMsZE=®•1•2=MIN�a ®mom ®o 7R1•7lMTM=II,`."�s NE= ==--n■ •KrZEN OMEN= ifitMEM sem• 4.0 04LO WO 440 M. haw MOO 004 )AND USE PLAN MAP AMENDMENTS wag^^! MA i5 .0011 6. ... na...aa .w. w .. . a... a a r` M Ki ra.t M a.M.Vta st. N•. enw.l.ee.a..na. A .. ... alrwa •.na .a•.... am 0004. • ....,.1..,.. IMO .NEMICAte. It. SITE DATA fl 00.100 ..w /OMM 11.0 040 us .. •. _NV .1413010 Oa 101.0 ��a- -- wrut • • Os .q • • •.r N ...e.w •.A.M aa.M. ■. NO) •M .I•tli•,' �i if 1 .11 1 Imo 1: M -1.0 ii ia}sew pasinag) Resolution No. 16 -05 Exhibit B Revised Exhibit "C" Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in existing wetland areas pursuant to this Agreement, state and federal permitting agency requirements. Developer shall: 1. Upgrade entire site's stormwater facilities within the Master Plan Area. These upgrades will include but are not limited to: • Providing water quality treatment for the parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay; • Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflows/discharges; and • Eliminate frequent nuisance flooding within some of the parking area, classroom and administration buildings. 2. Make application to Southwest Florida Water Management District (SWFWMD) and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank within 60 days of final approval by the City of this Amendment. The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin. The credits will be derived not from the creation of new mangrove area where none currently exists, but restoration of existing mangrove habitat that, depending on location, is moderately to severely- impacted by sedimentation, mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and Coopers Bayou. The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road, removing sediment and muck, and sculpting the sides and bottoms of select mosquito ditches, creating a branching system of tidal creeks that improves ambient water quality and ecological habitat. Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway; and improving the flow characteristics within the mangrove by demucking, widening and creating a branching tidal creek system within the mangroves. The Mitigation Bank shall be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62- 342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area. An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements. 3. Place a conservation easement over the Mitigation Area, in conjunction with city, state and federal permitting. In the event the state and federal agencies approve the Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the Resolution No. 16 -05 Exhibit B event the City does not wish to take ownership of the Mitigation Area, to another government or conservation organization, in fee simple, for the purpose of expanding the Coopers Point Nature Park recreation area (subject to approval of the USACOE and SWFWMD). 4. In the event the state and federal agencies do not approve the Mitigation Bank, or, in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high, limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable, Developer agrees to proceed with individual mitigation projects, as permitted by the State. Such activities may include: a) Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove; b) Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow and/or ecological habitat; c) Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat. Secondary effects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologic characteristics. 2 Resolution No. 16 -05 Exhibit B Revised Exhibit D (Revised Future Land Use Map) (Revised Future Zoning Map) Amendment to Development Agreement Page3 ADOPTED 0 CD co a z Co w Revised Exhibit D (Revised Future Land Use Map) CID F. 1 I I eo f 1111111 1! II s -Ill l Ii 6 III Illiiiiiidil ii. ail 1 1 111 11 Revised Exhibit D (Revised Future Zoning Map) 0 P 11111111 1 n Igo 11111 I II Resolution No. 16 -05 Exhibit C TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT AS AMENDED THIS TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT AS AMENDED (the "Termination ") is made on the _ day of 2016, by Clearwater Christian College Private School, Inc., a Florida non - profit corporation, its successors and assigns (collectively the "Developer" or "Owner "), whose address is 3400 Gulf to Bay Boulevard, Clearwater, Florida 33759, and the CITY OF CLEARWATER, a municipal corporation (the "City "), whose address is 112 S. Osceola Avenue, Clearwater, Florida 33756. RECITALS WHEREAS, as an apparent condition to approval for the development of the real property described in Exhibit 1 attached hereto (the "Property "), the Owner and City entered into that certain Development Agreement, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida, which was amended by the First Amendment to Development Agreement, dated October 27, 2010, recorded in O.R. Book 17078, Page 179, Public Records of Pinellas County, Florida, (collectively "the Agreement "); and WHEREAS, the Agreement runs with the land, and is binding on successive owners; and WHEREAS, the City and Clearwater Christian mutually agree to a termination of the Agreement, pursuant to section 163.3237, Florida Statutes; and WHEREAS, the City Council held a public hearing on (%1 ' 1 , 2016, and thereby passed Resolution 16 -05 consenting to the termination and release of the Agreement, contingent upon the City's purchase of a portion of the Clearwater Christian property, as described in Exhibit D of Resolution 16 -05; 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 "1" 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 of the Agreement, contingent upon the City's purchase of a portion of the Property. The City hereby affirms and agrees that: (a) no provision, term, covenant or condition in said Agreement, as amended, shall remain in effect after the date of acquisition by the City of a portion of the Property described in Exhibit D of Resolution 16 -05; and (b) the City claims no right, title or interest in said Property or the improvements located thereon, pursuant to the Agreement, except for any portion of the Property acquired as contemplated hereunder and described in Exhibit D of Resolution 16 -05. This Release is executed in favor of the Owner and may be relied on by the Owner and any successor to the Owner in title to the Property. THIS RELEASE has been executed as of the above - written date by the Owner and the City. Resolution No. 16 -05 Exhibit C (SIGNATURE PAGE TO TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT, AS AMENDED) IN WITNESS WHEREOF, OWNER has executed this Agreement on the day and year first above written. Witnesses: Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF OWNER: CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non -profit corporation By: Printed Name: Title: The foregoing instrument was acknowledged before me on 2016, by , as of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non - profit corporation, on behalf of such entity. Such person is personally known to me OR has produced a valid driver's license as identification. NOTARY PUBLIC — STATE OF FLORIDA My Commission Expires: Resolution No. 16-05 Exhibit C (SIGNATURE PAGE TO TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT, AS AMENDED) Countersigned: George N. Cretekos May Camilo A. Soto Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Rosemarie Call City Clerk The foregoing instrument was acknowledged before me this day of , 2016, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florida, who is [ ] personally known to me or has [ ] produced as identification. Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2016, 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 My Commission Expires: EXHIBIT 1 Legal Description re re w 0 O m w 0 LEGEND /ABBREVIA710NS LB = LICENSED BUSINESS R/W = RIGHT OF WAY PG/P = PAGE ORB = OFFICIAL RECORDS BOOK Master Plan Area SKETCH AND LEGAL DESCRIPTION NORTH 0 200 400 GRAPHIC SCALE THIS SPACE RESERVED FOR RECORDING INFORMATION EASTER TRACT PER ORB 16135, PG 2664 C1 - THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S, RGE 16 E C2 - R/W RAD: 25.00' ARC: 39.24' C3 CH: 35.34' CHB: N19'53'43 "E a0 DELTA: 89'56'13" 55' Gt GOVT LOT 3 C4 - EASTERLY PROJECTION OF THE NORTHERLY LINE OF GOVT LOT 4 RAD: 25.00' ARC: 37.46' CH: 34.05' CHB: 56813'01"E DELTA: 85'51'05" RAD: 5475.83' ARC: 150.00' CH: 150.00' CHB: N83'22'38 "E DELTA: 01'34'10" RAD: 5525.83' ARC: 151.37' - CH: 151.36' CHB: S83'22'38 "W DELTA: 01'34'10" 1 C3 C4 EAST LINE OF SEC 16- T29S -R16E S89'30'50 "E 524.51' GOVT LOT 4 *NI M J I 0 C2 LZ C1 c0'`1 4 582'35'34"W STATE ROAD 60 -- GULF— TO—BAY BLVD COURTNEY CAMPBELL CAUSEWAY DAVIS CAUSEWAY OLD TAMPA BAY POINT OF BEGINNING FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 LB 12232 ,7565 WADE TRIM A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1916 1410 LPGA Blvd., Suite 148, Daytona Beoch, FL 32117 1772290090 Phone: 386 -274 -1600 Fox: 386 -214 -1602 DEV AREA 28.55.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 1 OF 3 1" = 400' EXHIBIT 1 Legal Description SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING L1 50.00 N05'50'16'W L2 75.89 N82.35'34'E L3 17.60 N18'25'35'E L4 11.75 N66'10'36'W L5 36.90 N07'24'44'E L6 34.57 N27'46'29'E L7 26.14 N22'06'03'E L8 21.03 S85.27'49'E L9 47.05 N00'22'32'W L10 10.17 N76'03'09'W L11 49.43 N09'14'S0'W L12 49.13 N21•51'04'W L13 15.55 N61'45'36'W L14 36.76 N39'48'21'W L15 38.04 NO3.51'29'E L16 39.77 N01.01'26'W L17 22.62 N39'14'16'W L18 6.68 NO2'01'S0'E L19 21.83 N48.07'04'E L20 23.22 N23'43'08'W L21 17.15 N60'13'20'E L22 10.05 N06.42'31'E L23 13.11 N41'29'06'W L24 25.74 N45'22'31'E L25 23.82 N63'18'48'E L26 49.94 N53'55'07'E L27 56.85 N00'16'34'W L28 180.68 N89.43'26'E L29 107.99 N00'16'34'W L30 17.99 N89'43'26'E L31 68.66 N00'56'49'W L32 71.74 N14•00'29'W L33 31.35 N14.13'49'W L34 148.53 N25'04'24'W L35 47.65 N64'51'49'E L36 61.06 N55'02'03'E L37 52.20 N61'14'38'E L38 37.84 N63'49'28'E L39 92.52 N70'22'20'E THIS SPACE RESERVED FOR RECORDING INFORMATION L40 104.72 N68.51•27'E L41 63.57 S25.17'28'E L42 40.811 N36'18'39'E L43 19.77 N29'55'15'E L44 18.51 N66'58'31'E L45 27.811 S85'43'35'E L46 24.66 N71'55'13'E L47 30.63 N52'06'00'E L48 204.74 S89'49'20'E L49 9.09 N62'13'50'E L50 26.32 N21'46'43'E L51 28.03 N34•38•33'W L52 36.60 N40•45'36'W L53 47.45 S85•40'57'W L54 17.54 N42'47'16'W L55 11.80 N21.20'23'E L56 23.76 N89'08'03'E L57 9.50 N47'26'36'E L58 27.47 N06'22'13'E L59 22.62 N78'25'27'E L60 14.18 N46'51'13'E L61 20.43 S49'55'47'E L62 25.83 S23'46'33'E L63 56.43 N71.05'46'E L64 9.36 S38.52'30'E L65 24.28 S67.05'16'E L66 24.29 N33'07'17'E L67 28.70 S69.05'02'E L68 30.96 S24'08'40'E L69 8.64 S20'16'44'E L70 11.51 S87.50'35'W L71 19.46 S26'48'43'W L72 19.13 S23.25'49'W L73 24.18 S11'23'43'E L74 17.83 N49.11'46'E L75 34.97 N82'59'36'E SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82'35'34'W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. LB #2232 #7565 WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1916 1410 LPGA Blvd., Suite 148, Doytono Beoch, FL 32117 ZZZ2290091d Phone: 386- 274 -1600 Fox: 386 -214 -1602 DEV AREA 28.55.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 2 OF 3 KJK EXHIBIT 1 Legal Description SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1. SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4. SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH * OF THE NORTHEAST K OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF -TO -BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT CF BEGINNING; THENCE S82'35'34"W ALONG SAID NORTHERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 0114'10 ", A CHORD BEARING OF S83'22'38"W AND A CHORD DISTANCE OF 151.36 FEET TO A NON - TANGENT UNE; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE N05'50'16'W ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET. AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'34'10 ", A CHORD BEARING OF N83'22'38"E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'35'34'E FOR A DISTANCE OF 75.89 FEET; THENCE N18'25'35'E FOR A DISTANCE OF 17.60 FEET; THENCE N6610'36'W FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29"E FOR A DISTANCE OF 34.57 FEET; THENCE N22'06'03"E FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49'E FOR A DISTANCE OF 21.03 FEET; THENCE NO0'22'32"W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09111 FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'S0 "W FOR A DISTANCE OF 49.43 FEET; THENCE N21'51'04"W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36"W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21"W FOR A DISTANCE OF 36.76 FEET; THENCE NO3'51'29"E FOR A DISTANCE OF 38.04 FEET; THENCE N01'01'2610/ FOR A DISTANCE OF 39.77 FEET; THENCE N3914'16'W FOR A DISTANCE OF 22.62 FEET; THENCE NO2'01'50"E FOR A DISTANCE OF 6.68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08'W FOR A DISTANCE OF 23.22 FEET; THENCE N60'13'20"E FOR A DISTANCE OF 17.15 FEET; THENCE N06'42'31"E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06"W FOR A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N6318'48 "E FOR A DISTANCE OF 23.82 FEET; THENCE N5355'07 "E FOR A DISTANCE OF 49.94 FEET; THENCE N0016'34"W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26'E FOR A DISTANCE OF 180.68 FEET; THENCE NO016'34'W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26'1 FOR A DISTANCE OF 17.99 FEET; THENCE NO0'56'491,1 FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29"W FOR A DISTANCE OF 71.74 FEET; THENCE N1413'49'W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24'W FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET. A CENTRAL ANGLE OF 89'56'13 ", A CHORD BEARING OF N19'53'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY; THENCE N64'51'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38"E FOR A DISTANCE OF 52.20 FEET; THENCE N63'49'38'E FOR A DISTANCE OF 37.84 FEET; THENCE N70'22'20'E FOR A DISTANCE OF 92.52 FEET; THENCE N68'51'27"E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET. A CENTRAL ANGLE OF 85'51'05 ", A CHORD BEARING OF S6813'01'E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S2517'28'E FOR A DISTANCE OF 63.57 FEET; THENCE N3618'39'E FOR A DISTANCE OF 40.81 FEET: THENCE N29'55'15'E FOR A DISTANCE Cr 19.77 FEET; THENCE N66'58'31'E FOR A DISTANCE OF 18.51 FEET; THENCE S85'43'35'E FOR A DISTANCE OF 27.81 FEET; THENCE N71'55'13"E FOR A DISTANCE OF 24,66 FEET; THENCE N52'06'00'E FOR A DISTANCE OF 30.63 FEET; THENCE S89'49'20"E FOR A DISTANCE OF 204.74 FEET; THENCE N6213'50E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET: THENCE N34'38'33'W FOR A DISTANCE OF 28.03 FEET; THENCE N40'45'36"W FOR A DISTANCE OF 36.60 FEET; THENCE S85'40'57'W FOR A DISTANCE OF 47.45 FEET; THENCE N42'47'16'W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE N89'08'03'E FOR A DISTANCE OF 23.76 FEET; THENCE N47'26'36'E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13"E FOR A DISTANCE OF 27.47 FEET: THENCE N78'25'27 "E FOR A DISTANCE OF 22.62 FEET; THENCE N46'51'13"E FOR A DISTANCE OF 14.18 FEET; THENCE S49'55'47'E FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33'E FOR A DISTANCE OF 25.83 FEET; THENCE N71'05'46'E FOR A DISTANCE OF 56.43 FEET; THENCE S38'52'30'E FOR A DISTANCE OF 9.36 FEET; THENCE S67'05'16'E FOR A DISTANCE OF 24.28 FEET; THENCE N33'07'17"E FOR A DISTANCE OF 24.29 FEET; THENCE S69'05'02'E FOR A DISTANCE OF 28.70 FEET; THENCE S24'08'40"E FOR A DISTANCE OF 30.96 FEET; THENCE S2016'44"E FOR A DISTANCE OF 8.64 FEET; THENCE S87'50.35111 FOR A DISTANCE OF 11.51 FEET; THENCE S26'48'43'W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49"W FOR A DISTANCE OF 19.13 FEET; THENCE S11'23'43'E FOR A DISTANCE OF 24.18 FEET; THENCE N4911'46'E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'36'E FOR A DISTANCE OF 34.97 FEET TO THE EAST UNE OF SAID SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE 500'00'00"W ALONG SAID SECTION LINE FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE DEPARTING SAID SECTION LINE S89'30'S0'E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S43'23'49"W FOR A DISTANCE OF 763.40 FEET; 2) THENCE 544'38'51 "W FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL CONTAINS 28.55 ACRES. MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J- 17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR /MAPPER 16105 LB 12232 17565 WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 IPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZ1229009M Phone: 386- 274 -1600 Fox: 386- 274 -1602 DEV AREA 28.55.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 3 OF 3 I KJK EXHIBIT 1 Legal Description t NORTH 0 200 400 t � � GRAPHIC SCALE S52'41'38 "W 97.82' N89'32'51 "W 81.65' S52•42'01 "W 73.01' YSHORE BOULEVARD C6 Mitigation Area SKETCH AND LEGAL DESCRIPTION LEGEND /ABBREVIATIONS LB = LICENSED BUSINESS R/W = RIGHT OF WAY PG/P = PAGE ORB = OFFICIAL RECORDS NORTH LINE OF SEC 16- T295 -R16E THIS SPACE RESERVED FOR BOOK RECORDING INFORMATION RAD: 418.31' ARC: 208.37' CH: 206.22' CHB: S38'25'25 "W DELTA: 28'32'27" RAD: 268.31' ARC: 243.90' CH: 235.59' CHB: S26'39'08 "W DELTA: 52'04'59" C1 S89•22'57 "E 344.66' N89'32'51 "W 2136,42' THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S, RGE 16 E 102.50 ACRES MORE OR LESS RAD: 5475.83' ARC: 150.00' C2 ' CH: 150.00' CHB: N83'22'38 "E DELTA: 01'34'10" RAD: 5525.83' ARC: 151.37' CH: 151.36' CHB: S83'22'38 "W DELTA: 01'34'10" POINT RAD: 25.00' ARC: 39.24' C3 CH: 35.34 CHB: N19'53'43 "E DELTA: 89'56'13" GOVT LOT 3 OF. BEGINNING C3 RAD: 25.00' ARC: 37.46' C4 CH: 34.05' CHB: S68'13'01 "E DELTA: 85'51'05" C4 O Oa O O z EAST LINE OF SEC 16-T29S-R15E GOVT LOT 4 CLEARWATER CHRISTIAN • COLLEGE GOVT LOT 1 TAMPA BAY EASTER TRACT PER ORB 16135. PG 2664 C2 C7 RAD: 5525.83' ARC: 488.01' CH: 487.85' CHB: N86'41'32 "E DELTA: 05'03'36" 582'35'34. W Cl 828.46 STATE ROAD 60 GULF -TO -BAY BLVD SEWAY COURTNEY CAMPBELL DAIS CAUSEWAY to 0 N N POINT OF REFERENCE FOR GEOMETRY LINE TABLES AND NOTES. SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION. SIGNATURE AND SEAL, SEE SHEET 3 OF 3 LB #2232 #7565 WADE TRIM A WADE TRIM COMPANY — CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 Phone: 386- 274 -1600 Fox: 386- 274 -1602 MIT AREA 102,50.DWG SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 1 OF 3 1" =400' EXHIBIT I Legal Description SKETCH AND LEGAL DESCRIPTION I LINE TABLE r LINE I LENGTH I BEARING I Li I 50.00 I N05.50'16'W L2 I 75.89 I N82'35'34'E L3 17.60 N18'25'35'E L4 11.75 N66'10'36'W T L5 36.90 N07.24'44'E L6 34.57 N27•46'29'E T L7 26.14 N22'06'03'E LB 21.03 S85'27'49'E L9 47.05 N00'22'32'W I L10 10.17 N76'03'09'W L11 49.43 N09'14'50'W L12 L13 49.13 15.55 N21.51'04'14 N61'45'36'W L14 36.76 N39'48'21'W L15 38.04 NO3'51'29'E L16 39.77 N01'01'26'W L17 22.62 N39'14'16'W L18 6.68 NO2'01'50'E L19 21.83 N48'07'04'E L20 23.22 N23'43'08'W L21 17.15 N60'13'20'E L22 10.05 N06'42'31'E L23 13.11 N41'29'06'W L24 25.74 N45'22'31'E L25 23.82 N63'18'48'E L26 49.94 N53.55'07'E 1 L27 56.85 N00.16'34'W I L28 180.68 N89.43'26'E L29 107.99 N00'16'349W L30 17.99 N89'43'26'E L31 68.66 N00'56'49'W I L32 71.74 N14.00'29'W L33 31.35 N14'13'49'W L34 148.53 N25'04'24'W L35 47.65 N64'51'49'E L36 61.06 N55'02'03'E I L37 52.20 N61'14'38'E L38 37.84 N63'49'28'E L39 92.52 N70'22'20'E THIS SPACE RESERVED FOR RECORDING INFORMATION L40 104.72 N68'51'27'E L41 63.57 S25'17'28'E L42 40.81 N36'18'39'E L43 19.77 N29'55'15'E L44 18.51 N66'58'31'E L45 27.81 S85'43'35'E L46 24.66 N71'55'13'E L47 30.63 N52'06'00'E L48 204.74 S89'49'20'E L491 9.09 N62'13'S0'E L50 26.32 N21'46'43'E L51 28.03 N34'38'33'W L52 36.60 N40'45'36'W L531 47.45 S85'40'57'W L54 17.54 N42'47'16'W L55 11.80 N21'20'23'E L56 23.76 N89'08'03'E L57 9.50 N47.26'36'E L58 27.47 N06'22'13'E L59 22.62 N78'25'27'E L60 14.18 N46'51'13'E L61 20.43 S49'55'47'E L62 25.83 S23'46'33'E L63 56.43 N71'05'46'E L64 9.36 S38'52'30'E L65 24.28 S67'05'16'E L66 24.29 N33'07'17'E L67 28.70 S69'05'02'E L68 30.96 S24'08'40'E L69 8.64 S20'16'44'E L70 11.51 S87'50'35'W L71 19.46 S26'48'43'W L72 19.13 S23'25'49'W L73 24.18 S11'23'43'E L74 17.83 N49'11'46'E L75 34.97 N82'59'36'E SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82:35'34 "W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRA TION FOR INFORMA TIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. LB #2232 #7565 WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd., Suite 148, Daytona Beoch, FL 32117 Phone: 386 -274 -1600 Fax: 386 - 274 -1602 MIT AREA 102.50.DWC SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 2 OF 3 I KJK EXHIBIT I Legal Description SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST. AND THE NORTH A OF THE NORTHEAST 4 OF SAID SECTION 16, PINELLAS COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, NATH THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF -TO -BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE S82'35'34'W ALONG SAID NORTHERLY RIGHT -OF -WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET. A CENTRAL ANGLE OF 01'34'10 ", A CHORD BEARING OF 583'22'38'W AND A CHORD DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY LINE N05'50'16'W FOR A DISTANCE OF 50.00 FEET TO A NON - TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET. A CENTRAL ANGLE OF 01'34'10 ". A CHORD BEARING OF N83'22'381 AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'35'34'E FOR A DISTANCE OF 75.89 FEET; THENCE N18'25'35'E FOR A DISTANCE OF 17.60 FEET; THENCE N6610'36'W FOR A DISTANCE OF 11.75 FEET; THENCE NO7'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29'E FOR A DISTANCE OF 34.57 FEET; THENCE N22'O6'03'£ FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49'E FOR A DISTANCE OF 21.03 FEET; THENCE NO0'22'32`W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'S0"W FORA DISTANCE OF 49.43 FEET; THENCE N21'51'041V FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36'1/I FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36,76 FEET; THENCE NO3'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE NO1'01'26111 FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE NO2'01'50'E FOR A DISTANCE OF 6.68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08'W FOR A DISTANCE OF 23.22 FEET; THENCE N60'13'20'E FOR A DISTANCE OF 17.15 FEET; THENCE NO6'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06'W FOR A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N6318'48'E FOR A DISTANCE OF 23.82 FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET; THENCE NO0'16'34'W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26'E FOR A DISTANCE OF 180.68 FEET; THENCE NOO'16'34'W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'261 FOR A DISTANCE OF 17.99 FEET; THENCE N00'56'49'W FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29'W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'49'W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'2411/ FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET. A CENTRAL ANGLE OF 89'56'13'; A CHORD BEARING OF N19'53'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY; THENCE N64'51'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N6114'381 FOR A DISTANCE OF 52.20 FEET; THENCE N63'49'38'£ FOR A DISTANCE OF 37.84 FEET; THENCE N70'22'20'E FOR A DISTANCE OF 92.52 FEET; THENCE N68'51'27'E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET. AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF S68'13'011 AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S2517'28'E FOR A DISTANCE OF 63.57 FEET; THENCE N36'18'39'E FOR A DISTANCE OF 40.81 FEET; THENCE N29'55'151 FOR A DISTANCE OF 19.77 FEET; THENCE N66'58'31't FOR A DISTANCE OF 18.51 FEET; THENCE S85'43'351 FOR A DISTANCE OF 27.81 FEET; THENCE N71'55'13'E FOR A DISTANCE OF 24.66 FEET; THENCE N52'06'001 FOR A DISTANCE OF 30.63 FEET; THENCE S89'49.201 FOR A DISTANCE OF 204.74 FEET; THENCE N6213'50'E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'431 FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A DISTANCE OF 28.03 FEET; THENCE N40'45'36'W FOR A DISTANCE OF 36.60 FEET; THENCE S85'40'57'W FOR A DISTANCE OF 47.45 FEET; THENCE N42'47'16'W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20.23'E FOR A DISTANCE OF 11.80 FEET; THENCE N89'08'03'E FOR A DISTANCE OF 23.76 FEET; THENCE N47'26'36'E FOR A DISTANCE OF 9.50 FEET: THENCE NO672'131 FOR A DISTANCE OF 27.47 FEET; THENCE N7875'27'E FOR A DISTANCE OF 22.62 FEET; THENCE N46'51'13'E FOR A DISTANCE OF 14.18 FEET; THENCE 549'55'47'£ FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33'E FOR A DISTANCE OF 25.83 FEET; THENCE N71'O5'46'E FOR A DISTANCE OF 56.43 FEET; THENCE S38'52'301 FOR A DISTANCE OF 9.36 FEET; THENCE S6705'16'E FOR A DISTANCE OF 24.28 FEET; THENCE N33'07.171 FOR A DISTANCE OF 24.29 FEET; THENCE S69D5'02'E FOR A DISTANCE OF 28.70 FEET; THENCE S24 '08'40'£ FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'441 FOR A DISTANCE OF 8.64 FEET; THENCE S87'50'35'W FOR A DISTANCE OF 11.51 FEET; THENCE S26'48'43'W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49'W FOR A DISTANCE OF 19.13 FEET; THENCE S11'23'43'E FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'46'E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'361 FOR A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE N00'00'00'E ALONG SAID SECTION UNE FOR A DISTANCE OF 1042.60 FEET TO THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID EAST LINE ALONG SAID NORTH LINE N89'32'51'W FOR A DISTANCE OF 2136.42 FEET TO A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET, A CENTRAL ANGLE OF 28'32'27 ", A CHORD BEARING OF S3825'25'W AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE S52'41'38'W FOR A DISTANCE OF 97.82 FEET; THENCE N89'32'51'W FOR A DISTANCE OF 81,65 FEET; TO THE EASTERLY RIGHT -OF -WAY LINE OF BAYSHORE BOULEVARD (A VARIABLE WIDTH RIGHT -OF -WAY); THENCE ALONG SAID RIGHT -OF -WAY LINE 552'42'01'W FOR A DISTANCE OF 73.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF 243.90 FEET. A CENTRAL ANGLE OF 52'04'59 ", A CHORD BEARING OF 526'39'08'W AND A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE S00'37'03'W FOR A DISTANCE OF 1378.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE S89'22'57'E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344.66 FEET; THENCE CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S52'12'03'E FOR A DISTANCE OF 572.80 FEET; THENCE SOO'46'40'E FOR A DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON- TANGENT CURVE; THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT -OF -WAY LINE AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05'03'36 ". A CHORD BEARING OF N86'41'32'E AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 102.50 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J- 17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR /MAPPER 06105 LB #2232 17565 WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd., Suite 148, Daytona Beoch, FL 32117 Phone: 386 - 274 -1600 Fox: 386- 274 -1602 MIT AREA 102.50.DWC SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 SHEET 3 OF 3 J KJK Resolution No. 16 -05 Exhibit D Four (4) tracts of land generally described as follows: • Parcel "A" - Portions of Pinellas County Property I.D. #s 16-29-16- 00000 -130- 0200, 16- 29 -16- 00000 - 120 -0100, 16- 29 -16- 00000 - 110 -0100 and 16- 29 -16- 00000- 140 -0100. • Parcel "B" - Pinellas County Property I.D. # 16- 29 -16- 00000 - 130 -0300, previously deeded to Easterland by virtue of that certain Statutory Warranty Deed recorded in Book 16135, Page 2664 of the Official Records of Pinellas County. • Parcel "C" - Pinellas County Property I.D. # 16- 29 -16- 00000 - 130 -0310, previously deeded to CCC by virtue of that certain Warranty Deed (corrective) recorded in Book 10311, Page 1231 of the Official Records of Pinellas County, Florida • Parcel "D" - Portions of submerged lands acquired by CCC by virtue of deeds recorded in Book 10311, Page 1231 and Book 4248, Page 1059 of the official Records of Pinellas County, Florida and other submerged lands to which Seller may own an interest, as may be determined by a boundary survey, lying within, or adjacent to, Section 16, Township 29 South, Range 16 East Parcels "A," "B," "C," and "D" shall be more particularly described by a boundary survey as provided for in Paragraph 12 of that certain Contract for Purchase of Real Property by the City of Clearwater, Florida to be considered and voted upon by the Clearwater City Council of even date herewith.