DEVELOPMENT AGREEMENT COMPLETION CERTIFICATEKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2023168181 06/28/2023 09:14 AM
OFF REC BK: 22487 PG: 1905-1908
DocType:AGM RECORDING: $35.50
Prepared By and Return to:
BRIAN J. AUNGST, JR., ESQ.
Macfarlane Ferguson & McMullen
Post Office Box 1669
Clearwater, FL 33757
DEVELOPMENT AGREEMENT COMPLETION CERTIFICATE
THIS DEVELOPMENT AGREEMENT COMPLETION CERTIFICATE (this
"Certificate"), entered into this a3 day of 5jn e , 2023, by and between THE CITY
OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, hereinafter
referred to as "City", whose mailing address is: 100 S. Myrtle Avenue, Clearwater, Florida 33756,
and NESC, LLC, a Delaware limited liability company, its successors and/or assigns,
hereinafter referred to collectively as "Developer", whose mailing address is: P.O. Box 1383,
Sanibel, Florida 33957.
WITNESSETH:
WHEREAS, Louis Developments, LLC, a Florida limited liability company, and City
entered into that certain Development Agreement dated July 27, 2012 and recorded on August 1,
2012 in O.R. Book 17666, Page 1833 of the Public Records of Pinellas County, Florida (the
"Original Development Agreement"); and
WHEREAS, Louis Developments, LLC assigned all of its right, title, and interest in and to
the Original Development Agreement to Developer, as evidenced by the Assignment and
Assumption of Development Agreement dated August 6, 2018 and recorded on November 8, 2018
in O.R. Book 20329, Page 818, of the Public Records of Pinellas County, Florida"; and
WHEREAS, Developer and City entered into that certain Amendment to Development
Agreement dated January 22, 2018 and recorded on. January 30, 2019 in O.R. Book 20412, Page
2230 of the Public Records of Pinellas County, Florida (the "First Amendment"); and
WHEREAS, Developer and City entered into that certain Second Amendment to
Development Agreement dated January 24, 2022 and recorded on January 27, 2022 in O.R. Book
21908, Page 18 of the Public Records of Pinellas County, Florida (the "Second Amendment" and
together with the "First Amendment" and the "Original Development Agreement" the
"Development Agreement"; and
WHEREAS, City agrees to release Developer from any and all obligation under the
Development Agreement with the exception of certain restrictions specified herein and certifies
that the Development Agreement is hereby completed upon execution of this Certificate; and
NOW, THEREFORE, in consideration of and in reliance upon the premises, the mutual
covenants contained herein, and other good and valuable consideration, the receipt and sufficiency
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of which are hereby acknowledged, the parties hereto intending to be legally bound hereby agree
as follows:
1. City acknowledges that Developer has fulfilled its obligations under the
Development Agreement, is not in default, and no event has occurred necessitating
City notifying Developer of a basis for termination, pursuant to Section 10 of the
Development Agreement.
2. City does hereby release Developer from all obligations under the Development
Agreement excepting those restrictions set forth in Section 3 of this Certificate.
3. Developer and City agree that the restrictions set forth in the following recorded
instruments shall survive the completion of the Development Agreement in
accordance with their terms:
a) That certain Declaration of Unity of Title dated July 19, 2010 and recorded
on July 21, 2010 in O.R. Book 16978, Page 2572 of the Public Records of
Pinellas County, Florida;
b) That certain Covenant Regarding Hurricane Evacuation and Development,
Use, and Operation Declaration of Covenants and Restrictions dated July
27, 2012 and recorded on August 1, 2012 in O.R. Book 17666, Page 1851
of the Public Records of Pinellas County, Florida (Exhibit "C" of the
Development Agreement);
c) That certain Covenant of Unified Use dated July 27, 2012 and recorded on
August 1, 2012 in O.R. Book 17666, Page 1855 of the Public Records of
Pinellas County, Florida (Exhibit "D" of the Development Agreement); and
d) That certain Boardwalk Easement dated March 8, 2021 and recorded on
March 12, 2021 in O.R. Book 21431, Page 1720 of the Public Records of
Pinellas County, Florida.
4. The parties hereto do certify and agree, as required under Section 18 of the
Development Agreement, that all performance under the Development Agreement
has been completed and the Development Agreement is of no further effect.
[Signature page(s) to follow]
[Rest of page intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date and
year first above written.
In the Presence of:
Print Name Lp re- -k L,.) a o
As to "Developer"
/2 '--__�
[Signature Page — Developer]
Print Name/2y,'2, ' t.e)
As to "Developer"
STATE OF nett) th,/VC )
COUNTY OF 6)1
NESC, LLC, a Delaware limited
liability company.
By:
David Leatherwood,
as Manager of NCES Group, LLC,
Manager of NESC, LLC
The foregoing instrument was acknowledged before me by means of dphysical presence
or ❑ online notarization, this"r day of Val -e- , 2023, by DAVID
LEATHERWOOD, as Manager of NCES GROUP, LLC, a Delaware limited liability company,
Manager of NESC, LLC, a Delaware limited liability company. He is [ ] personally known to
me or has [ ] produced as identification.
oototimisioil
�••iS'% Notary Public
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: �ss� Print Name: I)h Si'1✓1 " .R �S
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My Commission Expires:
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a/toyzraaLi
Approved as to Fo
[Signature Page — City]
Matthew J. Mytych, Esq.
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation.
JennifUr Poirrier
City Manager
The foregoing instrument was acknowledged before me by means of [ysical presence
or ❑ online notarization, this' ` day of 11A21A,\.& , 2023, by JENNIFER
POIRRIER, as City Manager of the City of Clearwater, Florida, a Florida municipal corporation.
She is [personally known to me or who has [ ] produced
as identification.
Patricia
DeMilo
Comm.: HH 387353
Expires: April 17, 2027
Notary Public - State of Florida
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