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K & P CLEARWATER ESTATE LLC KEN BURKE,CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY,FL This instrument was prepared by I INST#f 2017041230 02/07/2017 at 11:58 AM and return t0: OFF REC SK:19811 PG: 2407-2414 DocType:EASEMENT RECORDING: $69.50 J. Paul Raymond, Esq. D DOC STAMP: $0.70 Macfarlane Ferguson& McMullen 625 Court Street, Suite 200 CIearwater, FL 33756 GRANT OF EASEMENT This Grant of Easement is made this day of-4-e�r,x'K , 2017, by THE CITY OF CLEARWATER FLORIDA, a Florida municipal corporation, ifs-'successors and assigns ("Grantor") in favor of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, its successors, assigns and affiliates and their respective invitees and licensees (collectively, "Grantee"), whose mailing address is: 5600 Mariner Street, Suite 200, Tampa, FL 33609. WHEREAS Grantor is the fee owner of certain real property located in Pinellas County, Florida, as more particularly described in Exhibit "A", attached hereto and made a part hereof(hereinafter the "Easement Property"); and Grantee is the owner of certain adjacent real property located in Pinellas County, Florida, as more particularly described in Exhibit "B", attached hereto and made a part hereof (hereinafter, "Benefited Property"), which Benefited Property is the intended site of a beachfront resort hotel including a parking garage facility to be constructed thereupon (the "Grantee Facilities"); and Grantor desires to grant unto Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for the purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe' seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, (iii) a pedestrian focal point and entrance to Beach Walk called the Palm Court area which may include a fountain and other aesthetic features, and (iv) an easement for the construction, use and occupancy of the sidewalks, landings, arcade, elevated sidewalks, stairwells, other access paths, cafe' seating and other facilities as described in subsections (i), (ii) and (iii) above, including foundations and support columns and structures (collectively, the "Access Improvements"). Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby declare as follows: Page 1 GRANT OF EASEMENT 1. Adoption of Recitals. The foregoing Recitals are hereby acknowledged as being true and correct, and the same are hereby adopted and made a part of this Grant of Easement. 2. Grant of Access Easement. Subject to the terms and conditions of this Grant of Easement, Grantor hereby conveys and grants to Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for the purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to caf6 seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, and (iii) an easement for the construction, use and occupancy of the Access Improvements, including foundations and support columns and structures. Notwithstanding anything herein to the contrary, Grantee acknowledges and agrees that its right to use and enjoy the easements granted hereunder shall upon coanpletion of construction of the improvements upon the Benefited Property remain in effect for so long as Benefited Property is developed and used in substantial accordance with the uses permitted under that certain Amended and Restated Development Agreement recorded in O.R. Book 16466, Page 1500, Public Records of Pinellas County, Florida, as subsequently amended from time to time (e.g. beachfront resort hotel associated parking garage facility and related facilities). 3. General. This Grant of Easement shall be binding upon both Grantor and Grantee, as well as all of their successors and assigns, and shall constitute covenants appurtenant to and running with the land described herein, and shall inure to the benefit and be binding upon the heirs, successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors and assigns. 4. Maintenance. Grantee shall be responsible for the construction and maintenance of the Access Improvements located on the Easement Property in a state a good condition and repair. Grantee shall perform all construction and maintenance in according with all applicable laws, codes and ordinances. 5. Notices. All notices, requests, demands and other communications which are required or may be given under this Grant of Easement shall be in writing and shall be deemed to have been given: (a) when received, if personally delivered; (b) the day after being sent, if sent for next-day delivery to a domestic address by recognized overnight delivery service (e.g. Federal Express); or (c) five days after being sent, if sent by certified or registered.mail. 6. Attorne s' Fees. In the event of any dispute arising out of this Grant of Easement or any instrument given in connection herewith, or in the event it shall become necessary for any party to employ counsel to protect the party under this Grant of Easement or any instrument given in connection herewith, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether incurred out of court or in litigation, Page 2 including fees and costs incurred for representation on appeals, expert witness fees and costs for paralegal assistance. 7. Binding Effect. This Grant of Easement, and all the terms, conditions, covenants, representations and warranties hereunder, shall be binding upon, and insure to the benefit of, the parties, their respective personal representatives, heirs, successors and permitted assigns. S. Waivers. No action taken pursuant to this Grant of Easement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein, therein or in any document delivered in connection herewith or therewith. The waiver by any party to this Grant of Easement of a breach of any provisions of this Grant of Easement shall not operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any breach of any other provision of this Grant of Easement. 9. Construction and Venue. The formation, interpretation and performance of this Grant of Easement shall be construed pursuant to and governed by the laws of the State of Florida. The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim, cross claim, or other litigation arising out of this Grant of Easement shall be in Pinellas County, Florida. 10. Headings. The headings of the various sections of this Grant of Easement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Grant of Easement. 11. Pronouns. The masculine pronoun, wherever used herein, shall mean or include the feminine or neuter pronoun wherever applicable, and whenever words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where such should apply. 12. Severability. If any clause or provision herein contained operates or would operate to invalidate this Grant of Easement in whole or in part, then such clause or provision shall only be deemed severed and not a part hereof, as though not contained herein, and the remainder of this Grant of Easement shall remain operative and in full force and effect. 13. Entire Agreement, Amendment. This Grant of Easement and all exhibits and schedules attached hereto together constitutes the entire agreement between and among the parties with respect to the subject matter hereof, which agreement supersedes all prior agreements and understandings, oral or written, between and among the parties to this Grant of Easement with respect to the subject matter hereof. This Grant of Easement may not be modified or otherwise amended except by a written instruction expressly referring to this Grant of Easement and executed by the party to this Grant of Easement against whom such amendment is sought to be enforced. Page 3 IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this 3 day of {2,l;,�U ' , 2017. GRANTOR: Countersigned: CITY OF CLEARWATER,FLORIDA P qcr By: � George M. Cretekos William B. Horne, II Mayor City Manager Approved as o form: Attest: Q►WA 6� Pamela K. Akin Rosemarie Call City Attorney City Clerk STATE OF FLORIDA } USlifID COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this,�� day of Z j j��y 2017, by William B. Horne, II, as City Manager of the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, on behalf of the corporation. Hey[is personally' -known to 66 .or [produced as identification]. Notary Public— Signature Print Name: My Commis' n r ;o,a Public sw10 or F Patricia A Kuligowski My Commission FF 044285 OF IV° Expires 10190=17 Page 4 GRANTEE: Witnesses: K& P CLEARWATER ESTATE, LLC, a Florida limited liability company By: K& P Partners Limited Partnership, a Florida limited Partnership, Manager By: K& P Holding, L.C., a Florida limite bility compan , e al Pa r By: a Kiran C. Patel anagXng ST ORIDA ) COUNTY OF fP+E-L� } �-}i ll5horouq�'l The foregoing instrument was acknowledged before me this 80* day of JcKu&v,, , 2017, by Kiran C. Patel, Managing Member of K & P Holding, L.C., a Florida limited liability company, General Partner of K & P Partners Limited Partnership, a Florida limited partnership, Manager of K & P Clearwater Estate, LLC, a Florida limited liability company, on behalf of the companies, who [is personally _known to me] or [produced as identification]. sY TWoRiAE.TAYLOR Notary Public— Signat N MYCOMMISSION#EE881M a• °w EXPIRES:R M 28,20017 Banded Thus Notary Pabtic UndemrMrs Print Name: }em a��� L•� [pr- _. My Commission Expires: y 7k]17 Page 5 Exhibit"A" Easement Property J:\4&8\Dwt}s\LS\489._„LS-t„,bQach-esmt.dwg- Dec 14, 2016 0 7:25pm - I-Wehan THIS IS NO A SURVEY THERE MAY BE ADDITEONAL RESTR#CTIONS AF=ECTING THIS PROPERTY THAT MAY BE FOt3,ND IN THE PUBLX RECORDS OF THIS COUNTY_ THIS I„EUAL DCSCAtPTION AND SKETCY4 WAS PREPARED WITHOUT THE BENEFIT OF A 'f'ITLE POLICY. BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION LEGAL DESCR1PTiON: A parcel of land being a portion of Gulf View Boulevard Right-of-Way according to LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida, together with a portion of South Gulf View Boulevard Right-of--Way, according to CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37 of the Public Records of Pinellas County, Florida, lying within Section 7, Township 29 South, Range 15 East, Pineflas County, Florida, being more particulariy described as follows: COMMENCE at the Southwest corner of Lot 55, LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence N06'06'39"E, along the West line of sold Lot 55 (being the basis of bearings for this legal description), for 20.00 feet; thence leaving said West line of Lot 55, N83'53'21"W, for 35,00 feet to the paint of intersection with the centerline of Gulf View Boulevard according to said LLOYD-WHITE-SKINNER SUBDIVISION, some being the point of intersection with the West line of vacated Gulf View Boulevard according to Official Records Book 17488, page 1094 of the Public Records of Pinellas County, Florida, some also being the POINT OF BEGINNING; thence N06'06'39"E, along said West line of vacated Gulf View Boulevard and the Northerly extension of said West line of vacated Gulf View Boulevard, respectively, for 471.39 feet; thence N49'05'46°E, for 21-57 feet; thence 589'25'51"E, for 0.77 feet; thence N38'39'45"W, for 4.33 feet; thence S48"24'02°W, for 22.19 feet; thence N41'35'58"W, for 1.40 feet; thence 544'31'14"w, for 31.10 feet; thence 506'13'55"W, for 97.92 feet; thence 583'46'05"E, for 0.55 feet; thence 506'06'42"W, for 15.97 feet; thence 583'53'21"E, for 2.56 feet to the point of intersection with a line 20.00 feet West of and parallel with said West line of vacated Gulf View Boulevard; thence S06'06'39"W, along said fine 20,00 feet West of and parallel with the West line of vacated Gulf View Boulevard, for 178.89 feet; thence N83'53'18°W, for 2.32 feet; thence 506'06'42"W, for 17.98 feet; thence 583'53'18"E, for 132 feet to the paint of intersection with said line 20.00 feet West of and parallel with the west line of vacated Gulf View Boulevard; thence 506'06'39"W, along said fine 20.+00 feet West of and perollel with the West tine of vacated Gulf View Boulevard, for 139.75 feet; thence 583'53'21"E, for 20.00 feet to the POINT OF BEGINNING. Containing 9,788 square feet or 0,225 acres, more or less. Error of closure: 0.0053 feet (LCS) NOTE' THE GEMETRY PERTAINING TO THE PARCEL OF LARD DESCRIBED HEREIN IS SOLELY BASED UPON THAT CERTAIN SURVEY Ti TLEO "WYNOHAM GRAND RCSCRT GLEdRWA7FA BEACH FLORIDA'. JOb NUMBER 2632-0001, DATED 4-6-2016, FIELD WoRK PERFORMED ON 12-13-2016 CaaTAENEQ IN FIELD aG3lt €bp9. PAGE 55 AND REC00 DOCUMNTS AS NOTED kEREiM AND i5 SUBJECT TO AN ACCURATE FIELD BOUNDARY SURVEY, PREPARED FOR: K & P CLEARWATER ESTATES, LLC . SHEET DESCRIPTION: LEGAL. DESCRIPTION AND SKETCH - BEACHWALK EASEMENT SCALE: DATE: DRAMN; CA-=E CHECKED; SEE SHEET 1 FOR LEGAL DESCRIPTION NONE 12-5-2012 LCS LCS Rcw SEE SHEET 2 FOR SKETCH JOB No.: ERN: SECRaN: TOWNSHIP: RaxcE: REV1SlON 1; 12-14•-2016 (LCS) 2012-0001 489 7 29 15 NOT VALID WITHOUT THE SIGNATURE FLORIDAA D F S I G AND THE 0 L RAISED SEAL OF €IDA Li 9£ SURVEYOR ANTS M E 4* -CONSULTANTS, INC. THINK IT. ACHIEVE IT. ROBERT G. ARIGHT, JR. PROFESSIONAL SURVEYOR AND MAPPER 3436 STARKEY GOVLEvARD, N @W P0RT R3CHI Y. FLORIDA 34666 LICENSE NUMBER LS 4965 PHONE`18601 332-%947 to%'{?P7j 64tl-}54g Wt W; DEBIGN.C41 ".8'90,6767 STATE OF FLORIDA a Copwight 2€375 vfarda Desigr.Cansvitants, Inc. Drawings and concepts may not be used ar reproduced with,-t written parmissiort. Sheet i— of G Page 6 \459\awes\z.S\�`�_€.s-��_e4ct!-egmt. wq -• ^uec 14, 2415 01:26prn -• 1wkU2Ion THIS IS NO A SURVEY ?'HERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 7His LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT TfiE BENEFIT OF A r"TLE POLICY- BEAWNG$ ARE BASED UPON, SEE SKETCH AND LEGAL OFSCRWTION LINE TABLE LINE BEARING LENGTH L7 N49'05748"E 21.57' .«...-.. "--.Z 1-2 N8925'51"W 0.77' L3 N38'39'48"W 4139' 0 50 100 L4 548'24'02"W 22.19' ® L5 N4i'35'58"W LS S44-31.14"W 31.10' 1"-100' L7 S83-46.05-E O.55 SUBJECT PROPERTY = Ls St16'06'42'W 15.67' 8,788 SO FT OR 0,225 AC, L9 I S83'83'21"E 2ss' .4i tD )1 L4OYG-p�ITE_SKfNNERIQR Q 1..1x5 LtQ NB3'53'18"W F.32' !!t LOT 9 SUDDI�SION /// Lti S06U'42"W 17.98' p673, p07 �„_,•_ LOT 8 LOT 7 L67 6 2 LOT'S � � i„32 583'53'18°E 2.38" S83'J3'21xE + { i_`-1.-..� , LOT 4 LOT 3 COAST& t! jI aK �f;-06-3g-w,t � Ln?2 Lar 1 cCNSi ucnON S06'06',,39- T �4 fLQW 7Ql.UNE 3S.00' � G. L NDS s'a9"E, C`aD' -f 178.88' Lg" — 30613'55"1y W LINE LC7 55 � � � �- � ' ;.CENTERLINE r WEWB. BEkRINt,,ggsls P08 �wv N06 06 3g trEsC... . . LW-.. L7 f 471.39' LS s POG I �— — w eoLEVaRn f� u o M SW CDR 3-OT S5 # a �� mm° ! aa' Epp• SW COR L 5 f LOT 4$ - -T-T — L2 ; L3 'Z LOT 1 -• LQ7 44 ( "`� I CITY PARK 2LT OF LOT 55 f ( suaNvSION sO cRs I f Of!9;Bala. L47 53 LOT 52 LOT qg --.._. ---.._� II LOTPC 3329 LOT 55 LO7 54 L_OY �5D ¢ LOT 45 a j PR 27 PG OT 5� f fl-K}'fT'E_ LOT 37 SK1NN lei �� ? n 13. PG 12 SLOT Sy o 47 E 2 d # 0 t ry LOT 94 t 6Q;R •...... _ t-- T #aSn�-j a t cy LOT 101!!D7 FII4 ! VACATES Sri; wod v p LOT g9 LOT 98 LOT 95 CJR@ 77488. tT 90 ry u a j 4'G 7087 - �v'�m 4_ ._.,._._"'_'—,• L07,96 LOF LOT 3z NOTE, rHE GFcWTRY PERTAiWN3 TO THE RARCEL OF LAND OESCRIBED<RF.IN IS SOLELY EASED UPON THAT CERTAIN SURVEY TITLED 'WYACHAM GRAN{.RrtoftT _ %EARWATER 8£ALH FLORIDA", x4 NLUREA 2(312-oucl, DATED 4-6-2016, FiELO WORK PERFORMED ON 12-13-2016 CONTAINED IH Fj FiD $auk Iacs, PAGE 55 ANtl RECORS DOCUMENTS AS N07ED itERE1N AND IS SUBJECT TO AN ACCURATE FIELO BOUNDARY SURVEY. PREPARED FOR: K & P CLEARWATER ESTATES, LLC SHEET DESORPTION: LEGAL DESCRIPTION AND SKETCH - BEACHWALK EASEMENT SCALE: DATE: DRAWN: CALCEO: CHECKED: SEE SHEET 1 FOR LEGAL DESCRIPTION 1" = 100' 12-5-2012 LCS LcS RCW SEE SHEET 2 FOR SKETCH ,ms No.: VN: SECTION: TOYMS IIP: RANGE: REVISION 1: 12-14-2016 (LGS) 2012-0001 4897 29 15 NOT VALID WITHOUT THE SIG AT RE FLORIDA F I ANR THE ORIGINAL RAISED SEAT. A FLORIDA LIC D SURVEYOR A(1#) APP CONSULTANTS, INC. -- -� T4i€A€K IT, ACHIEVE IT. ROBERT C. WRIGHT, J . PROFESSIONAL SURVEYOR AND MAPPER 1e3a STAR%5Y Df UI EVARD, NEW PORT RICHEY, FLORIDA 34as5 LICENSE NUMBER L$ 4965 PNQNF:(W)173-Iea7 FAX:1721)a49-3548 WWW.F40egIGN.COM 1..9.N©.5f07 STATE OF FLORIDA �I)Copyrirpht 2GIE F'Wm da Design Consultants,lac. Drawings dnd Con.opta may not be used or reproduced without written permission. Sheet -2— of Page 7 Exhibit"B" Benefited Propertv A P%d of lanai ali of Lana 44,45,46,47,4k 49,50,$1,SZ$3,54,90,01,92,94,95 am 9#60 Lois 93,97,9%9%Im,1031,102 and 55# S€7i9 MSM,as ramrded 1n Plot Ow Atattl C RWWdS Of fit C"*W Florida,W04OW Widl a portion of It AVOWe RV*-d-Hy,tcg&w Wmwrordw of Gulf Vow ft*wxd ftlgft-O-Wpy,U**W with a P tk a of toot 1,8k;Ck A,CEa1 IMMA SLOOPAROK as tetzatlled in Plat Book 23,fte 60 Oft W*Raaords of POs Oats ,l iwtda,tog�wto ftgr'tlon of South tW view BPltf@vw ltighW-WaY,Wng 3►1d r1�1SreC*M 1 and$,7•i�rWAhO 29 RX0,ftW 15 .Pit Gunn',t , ;9 rnum p4rtku riy desrylbed as fdkrm y iyy.{.fl'iITiµfnl_R!�wyy4���.,t[..dw��,yy�_�oYm�,��er`of W 44,yLLOYD-711'[A -SKMER,f �/�y`� RF fAGi f11J1.�1.,�N,��!„f. J.Z o(ft f"itYH4 flt7tdS of T+nea�W tttYY"'^•`"Y`�R 1!l PRA. r�6lGNJ as 'G"ki�items took 1SW, 21M of ft"Ri x � r+ty,pfodo"tlaa�toa ttno fotkrMng four(4)r mnm along tune�1'and NatFwsdy lfm ofgatd Pt+roia ,rew"W(1)theme 589"2951-F, along the fVlarttt tine of sand Lot 44,i Lt3Yd WHITE SY{iNi It 5tit r ( Et►ti ulna bateis of basrltngs to t Mr for 3.82 (2)therm leaft sand N04K Ift dui at 44 4 M-SUt+ ER SUBt311f1", Nt16°QbWT,kor 0,08 feet ipa a point of tt y o tm of a t,4uuvrt wrxav4 sm ,(31#tartce ff"A"h*+kKv ttta arc of said twve:ttavfrtg a radius of 34.113 feet,ar t"angip of 4S 3" , t kxw h of 26» f6 s,uuad a slx b eaft 1VZW45'28'E for MIS 18 tea to the pW"fnt*sVfton rdth a r t one,'same bektg a Sonutlt"otrner of aitxtq ttua � ��OW,Page 21r5cfte of said iard�q •u6 w a get atrvrrontca" the OWanvfrig ttttea() he aWf of skid f'a rcO*f1',same r being ulna PAINT t1P OEQ#M G,t}mm iortgtl�Naltt-One of said 1 "N'and tike tNeSWr t�*of gnat ca tpin prop arty dembW as parcel IV in D dal 3t""16W, 2110 of the PWk Recorrts of Plrram OmtY,ftor*, mvewvft(1)ftx*teaft'sWd Nofftidl(line of#+ats+al'W,Nordmoeriyakong the are ofsaid sum fiam a redw bewft of l 'ln7'E,haytt*tad of 112.00 feet,a oerntrai eta of S2'26'29",an arc length of IM41 k4 and a chard bearkV N64°25'55,"4„fbr S&9?4ieat 6tt1e poW of ungentf(2)VWM 5WlWSIM for 74.40 feet to a pofut of nR of a r M twm SwAhamurly along the arc of salt tonne,hw*v a radius of 4040 ket a central mtgie of 95425'30",an arc Wvkh of SS,63 feet,and a shad bwAV 5410"I for$9,f9 fW to ttie low of �'S6b°�5 39°YV,swv sold 1ftorty Ikte of Patcei V,the S ly 4oderisiorn tut said West* 14te of parcel ttie• llt ref then c> taint is op Y p"f 1 "t)'kt sand t7fTr Rat ttrtls 8onfc 181 4,f'aga'k39,n�PoF$07,33 feat tuft So*wA*tx»°ner'of said pwoo"W;thence N w"W,aton9 the NOM Urne Oft SmAh feet of tot 102.said 1 OYiYVi OMLS1f1NM SiJ8MM4 the North Nnnao tune$Nth 20.00 test of tA55,std tl wm-5if mw SMNSIi K fund tine 5w*mrfy line of said Pa-'C",mwec&*, fcr-22*XW foot tom Sam corner of Sid Pm6l'G;tlwitae PM%*I$9'i:,aWq ttte we$wly 4m of spill Farce ft*j) m t;orluntarn along said WWM v lirm of Paroei*G",N49°0546"E,W21.57 tell;OwM �51tit°vv!�"sold*rt r*e off' t"G"Ibf S.24 OA to"Polltrop BG3Nh NG. 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