RELEASE OF DEVELOPER'S OBLIGATION UNDER HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTPrepared By and Return to:
BRIAN J. AUNGST, JR., ESQ.
Macfarlane Ferguson & McMullen
Post Office Box 1669
Clearwater, FL 33757
RELEASE OF DEVELOPER'S OBLIGATION UNDER
HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT
This RELEASE OF DEVELOPER'S OBLIGATION UNDER HOTEL
DENSITY RESERVE DEVELOPMENT AGREEMENT, entered into this , day of
, 2016, by and between CITY OF CLEARWATER, FLORIDA, a
un 'pal corporation, State of Florida, hereinafter referred to as "City ", whose
mailing address is: 112 S. Osceola Avenue, Clearwater, FL 33755, and ALANIK
PROPERTIES, LLC, ANCO HOLDINGS, LLC and NIKANA HOLDINGS, LLC,
Florida limited liability companies, its successors and /or assigns, hereinafter referred
to collectively as "Developer ", whose mailing address is: Attn: Martin R. Cole, 421 S.
Gulfview Boulevard, Clearwater, FL 33767,
WITNES SETH:
WHEREAS, Developer and City entered into that certain Hotel Density Reserve
Development Agreement dated September 24, 2014, recorded in O.R. Book 18541, page
1887, as modified by that certain First Amendment to the Hotel Density Reserve
Development Agreement dated August 20, 2015, as recorded in O.R. Book 19207, page
2409 (together, the "Development Agreement "), all in the public records of Pinellas
County, Florida; and
WHEREAS, City agrees to release Developer from any and all obligation under
said Development Agreement; it is
NOW, THERFORE, for good and valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, as follows:
1. The City acknowledges that the Developer has fulfilled its obligations
under the Development Agreement prior to its assignment to TRIPROP CLEARWATER,
LLC, ( "Assignee "), which assignment, pursuant to Section 14.1.2 of the Development
Agreement was provided to the City on May 10, 2016, and is not in default, and no event
has occurred necessitating the City notifying the Developer of a basis for termination,
pursuant to Section 10 of the Development Agreement.
2. The City does hereby release Developer from all obligations under the
Development Agreement.
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3. Assignee does hereby continue to be obligated under the terms of said
Development Agreement, which Development Agreement remains in full force and effect
and has not been amended, modified or supplemented except as set forth above.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year set forth below their signatures.
ALANIK PROPERTIES, LLC, a
In the 'rese ce of: Florida li d liabi • 11 'any
Print N
2t L
Print Name t<.n ;t-1-u 9.i A.. ottali.74
As to "Developer"
Print N
Print Name iuvark =la6 ,a� dHe wu
As to "Developer"
Approved as to Form
Camilo A. Soto, Assistant City Atty.
Martin R. Co "k- anager
ANCO HOLDINGS, C a
Florida li ed li c pany
Martin R. Cole, Manager
NIKANA HOLDINGS
Florida limited lia any
B
[GM14- 1420 - 154/187238/1] 2
7
ole, Manager
CITY OF CLEARWATER,
FLORIDA
By: 4./eztieealtar,4ektvcr.
Wil B, Horne, II,
City Manager
Attest
Rosemarie Call, City Clerk
As to "City"
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this % day of
, 2016, by MARTIN R. COLE, as Manager of ALANIK PROPERTIES,
LLC, ANCO HOLDINGS, LLC, and NIKANA HOLDINGS, LLC, He is [
personally known to me or has [ ] produced
as identification.
STATE OF FLORIDA
COUNTY OF PINELLAS
Notary Public
Print Name:
My Commission Expires:
Notary Public State of Florida
. Kathleen A O'Hearn
• My Commission FF 238987
# Expires 07/20/2019
oi(t
The foregoing instrument was acknowledged before me is l S' day of
7v•., , 2016, by "W , as City Manager of the
City of Cle ater, Florida, who is [ personally known to me or who has [ ]
produced
e SANDRA HARRIGER
010 MY COMMISSION # FF930375
Fo EXPIRES: January 04, 2020
as identification.
otary Public
Print Name: aUi' - (� ) Qr
My Commission Expires: II aoz_o
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