AGREEMENT FOR DEVELOPMENT, PURCHASE AND SALE OF PROPERTY (3)PREPARED BY AND RETURN TO
Matthew J Mytych, Esq
City Attorney's Office
City of Clearwater
P O Box 4748
Clearwater, Flonda 33758
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 202626769010/07/2026 04 33 PM
OFF REC BK 23717 PG 2467-2493
DocType AGM RECORDING $231 00
AGREEMENT FOR DEVELOPMENT, PURCHASE, AND SALE OF PROPERTY
This Agreement for Development, Purchase, and Sale of Property is made as of this 441`'
day of O)J-t,IgPr , 2026, by and between the COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State
of Florida created pursuant to Part III, Chapter 163, Florida Statutes, whose mailing address is
P 0 Box 4748, Clearwater, Florida 33758 (the "Agency"), and MYRTLE DEVELOPMENT,
LLC, a Florida limited hability company, whose mailing address is 311 Park Place Boulevard,
STE 300, Clearwater, Florida 33759 (the "Developer") (the Agency and the Developer are
collectively the "Parties" and individually each a "Party")
WITNESSETH
WHEREAS, the Agency was created to implement the community redevelopment activities
outlined under the Florida Community Redevelopment Act of 1969 codified as Chapter 163, Part III,
Florida Statutes, and
WHEREAS, § 163 380(1), Flonda Statutes provides that a community redevelopment agency
may sell, lease, dispose of, or otherwise transfer real property or any mterest acquired m the real
property for commumty development m a commumty redevelopment area to any pnvate person, and
WHEREAS, § 163 380(2), Flonda Statutes provides that such real property shall be sold,
leased, or otherwise transferred at a value determmed to be m the public interest and that if the value
of such real property is disposed for less than fair value, such disposition shall require the approval of
the governing body at a duly noticed pubhc hearmg, and
WHEREAS, § 163 380(3)(a), Florida Statutes provides that prior to disposition of such real
property, the commumty redevelopment agency must give notice of disposition by publication in a
newspaper havmg a general circulation m the community and invite proposals from private
redevelopers or any persons interested m undertaking to redevelop or rehabilitate a community
redevelopment area or any part thereof, and
WHEREAS, on July 19, 2026, the Agency published Notice of Disposition of Property
#51-26 (the "Notice") in a newspaper having a general circulation m Clearwater, Florida
requesting proposals to acquire the real property located at 103 N East Ave , Clearwater, Flonda
33755, as more particularly described in Exhibit "A" (the "Property") and develop it in a manner
consistent with the Notice and the Agency's Downtown CRA redevelopment objectives, and
1
WHEREAS, on August 17, 2026, the Developer submitted a proposal for the Property to
be redeveloped and made a part of a new parking area to support a proposed family entertainment
center, and
WHEREAS, on September 28, 2026, the Agency's Board of Trustees convened at a duly
noticed public meeting and approved this Agreement and the underlying sale of the Property for
the purposes contained herein, and
WHEREAS, the Developer is a limited liability company organized under the laws of the
State of Florida and the members (as that term is defined in the operating agreement of the Developer)
of the Developer have approved this Agreement and have authorized and directed certain individuals
to execute this Agreement on behalf of the Developer, and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties hereby agree as follows
ARTICLE I RECITALS AND DEFINITIONS
1 Recitals The recitals set forth above are true and correct and are incorporated herein and
made a part of this Agreement
2 Definitions The terms defined in this Article I shall have the following meanings,
except as herein otherwise expressly provided
A The "Area" means the Clearwater Downtown Community Redevelopment Area
B The "Approvals and Permits" means all government approvals including but not
limited to development approvals, development permits, environmental permits,
building permits, variances, easements, and licenses issued by the City or any other
applicable government agencies necessary to develop the Project
C The "City" means the City of Clearwater, Florida, a Florida municipal corporation, and
any successors or assigns thereto
D The "Closing Date" means the date on which the Developer purchases and obtains title
to the Property from the Agency
E The "Concept Plan" means the preliminary site plan and specifications for the Project
attached hereto as Exhibit "C" that are meant to serve as the basis for the Development
Approvals and building permits
F The "CRA Plan" means the community redevelopment plan for the Area adopted by
the City Council on March 2, 2018
G The "Effective Date" is the date this Agreement becomes effective which shall be the
date it is recorded in the Public Records of Pinellas County, Florida
2
H The "Exhibits" means those agreements, diagrams, drawings, specifications,
instruments, forms of instruments, and other documents attached hereto and designated
as exhibits to, and incorporated in and made a part of, this Agreement
I The "Expiration Date" means the date on which this Agreement expires
J The "Project" means the redevelopment and incorporation of the Property into a larger
development site containing a minimum of four hundred (400) parking spaces and an
approximately eighty-three thousand (83,000) square foot family entertainment center,
mcludmg indoor recreation and entertainment as defined in the City of Clearwater
Community Development Code, to be located on an area of real property legally described
in Exhibit "B" The parcel I D numbers currently existing at time of execution of this
Agreement that shall be a part of the development site for the Project include
16-29-15-32292-014-0090 16-29-15-32292-014-0060 16-29-15-32292-014-0030
16-29-15-32292-014-0010 16-29-15-32292-015-0150 16-29-15-32292-015-0140
16-29-15-32292-015-0120 16-29-15-32292-015-0010 16-29-15-32292-015-0060
16-29-15-32292-016-0120 16-29-15-32292-016-0070 16-29-15-32292-016-0050
16-29-15-32292-016-0010
K The "Proposal" means the proposal for redevelopment of the Property to be a part of
the Project, submitted by the Developer in response to the Notice
L "Termination Date" means the date on which this Agreement is terminated by any Party
hereto as provided in Article IX, and as evidenced by a termination certificate
M "Unavoidable Delay" means those events constituting excuse from timely performance
by a Party hereto from any of its obligations hereunder, as such events are defined in
and subject to the conditions described in Article X hereof
1 Use of Words and Phrases Words of the masculine gender shall be deemed and construed
to include correlative words of the feminine and neuter genders Unless the context shall
otherwise indicate, the singular shall include the plural as well as the singular number, and
the word "person" shall include corporations and associations, including public bodies, as
well as natural persons "Herein," "hereby," "hereunder," "hereof," "hereinbefore,"
"hereinafter" and other equivalent words refer to this Agreement and not solely to the
particular portion thereof in which any such word is used
ARTICLE II PURPOSE, PROPOSAL
1 Intent, Purpose of Agreement The purpose of this Agreement is to further the
implementation of the CRA Plan by providing for the sale of the Property to the Developer
and the development of the Project thereon by the Developer in accordance with the
Concept Plan, to improve the aesthetic and useful enjoyment of the Area through the
eradication of conditions of blight, all in accordance with and in furtherance of the CRA
Plan and in accordance with the Act The Property is located within the Downtown Core
3
Character District, as defined in the CRA Plan, which encourages the area to be an
entertainment destination including an active waterfront, marina, cultural events and
attractions, festivals, markets, restaurants, bars, brewpubs/microbreweries, theaters and
shopping attractive to all ages
2 As provided in this Agreement, the Developer shall carry out the redevelopment of the
Property by obtaining the Approvals and Permits, purchasing the Property from the
Agency, and causing the Project to be developed as described herein
3 Project Proposal The Proposal for the redevelopment of the Property, specifically
including the acquisition of the Property by the Developer from the Agency, development
of the Project, and use of the Project is hereby found by the Agency and acknowledged by
the Developer 1 ) to be consistent with and in furtherance of the objectives of the CRA
Plan, 2) to conform to the provisions of the Act, 3 ) to be responsive to the Notice, 4) to
be in the best interests of the residents of the City, 5 ) to further the purposes and objectives
of the Agency, 6) to further the public purpose of eradicating conditions of blight in the
Area, and to advance economic opportunity and quality of life within the Area The Parties
recognize and agree that during the process of review and approval provided for in this
Agreement the design of the Project may be subject to change and modification as may be
either agreed to by the Parties or required by the appropriate regulatory authority
4 Approval of Proposal Based upon and as a result of the findings set forth in this Article,
the Proposal is hereby approved and accepted by the Agency
5 Cooperation of the Parties The Parties recognize that the successful development of the
Project is dependent upon their continued cooperation and each agrees that it shall act in a
reasonable manner hereunder, to ensure the purposes of this Agreement are carried out to
the full extent contemplated hereby, and to ensure the Project is designed, constructed,
completed, and operated as provided herein
ARTICLE III LAND USE, ZONING, AND RESTRICTIONS ON USE
1 Zoning and Land Use At the time of execution of this Agreement, the zoning district for
the Property is Downtown and the future land use designation is Central Business District
2 Redevelopment Plan The Agency represents that the Project as proposed is consistent with
the CRA Plan
3 Community Development Code and Code of Ordinances The Developer covenants and
agrees to comply with the City's Community Development Code (the "CDC") and Code of
Ordinances, including providing to the City any and all data and analysis that shows the
Project will be consistent with the goals, objectives, and policies of the City's
comprehensive plan all of which is part of the normal process of obtaining a development
order and building permits
4 Required Development Approvals The Developer understands and agrees that in order
4
to apply for building permits for the Project, certain development approvals will need to be
obtained from the City of Clearwater (the "Development Approvals") The Parties
acknowledge and understand that the City's Planning and Development Department or, if
applicable, the City of Clearwater Community Development Board (the "CDB") will
render independent decisions concerning the Development Approvals
5 Project Schedule The Project shall be developed in accordance with the following schedule
(the "Project Schedule")
A The Developer shall obtain all required building permits for the Project no later
than two years from the date of adoption of City of Clearwater Ordinance No
9908-26
B The Developer shall Commence Construction of the Project no later than two (2)
years and six (6) months from the date of adoption of City of Clearwater Ordinance
No 9908-26
C The Developer shall obtain a certificate of occupancy for the Project no later than
four (4) years from the date of adoption of City of Clearwater Ordinance No
9908-26
6 Restriction on Use of Property During the Term of this Agreement, the Property shall
only be developed for use as a vehicular parking area for the Project and any such related
accessory uses deemed acceptable by the City's Community Development Coordinator A
lapse in the Project use lasting for more than thirty (30) days after completion of the Project
Schedule shall be a default under Article VIII Notwithstanding the foregoing, a lapse in
use due to circumstances contemplated under Article XI shall be governed by the
provisions of Article XI
7 Vehicular Access The Developer agrees that vehicular ingress, egress, and passage shall
be provided for the parking area at all times, subject to temporary restrictions necessary for
maintenance, repairs, emergencies or as otherwise required by law, as is more particularly
depicted in Exhibit "C"
8 Development Order or Permit The Parties hereby acknowledge and agree this Agreement
is not a substitute for and does not eliminate the need for the Developer to apply for and
obtain a development order and building permits from the City's Planning and
Development Department or, if applicable, the CDB
ARTICLE IV PROPERTY CONVEYANCE
1 Findings, Representations
A The Agency is the owner of the Property, and
B The Developer desires to purchase from the Agency and the Agency desires to sell to
5
the Developer the Property
2 The Agency hereby agrees to sell and convey the Property to the Developer and the
Developer hereby agrees to purchase the Property from the Agency, upon the terms and
conditions set forth in this Agreement The Agency is selling the Property in an "AS -IS,
WHERE -IS, WITH ALL FAULTS" condition making no warranties as to the condition or
the suitability of the Property for any use
3 Purchase Price The Developer agrees to pay the Agency a lump sum of One Million
Dollars and 00/100 Cents ($1,000,000 00) for purchase of the Property on the Closing Date
4 Property Condition The Developer shall acquire the Property As Is, Where Is, With All
Faults, and any and all risk and/or hability associated with the Property whether known or
unknown is assumed by the Developer The City and the Agency make no representations
or warranties as to the condition of the Property or any improvement located therein or its
fitness for any particular use or purpose Any information shared by the City or the Agency
in relation to the Property is not to be construed as a representation or warranty
5 Right of Inspection Within thirty (30) days following the execution of this Agreement (the
"Inspection Period"), the Developer may, at the Developer's sole expense, conduct
inspections, tests, environmental and any other investigations of the Property as the
Developer deems necessary to determine suitability for the Developer's intended use Upon
execution of this Agreement, the Agency shall grant reasonable access to the Property to
the Developer, its agents, contractors and assigns for the purposes of conducting the
inspections provided, however, that any intrusive sampling of soils and groundwater on the
Property shall be conducted only (i) during regular business hours, (n) with no less than
two (2) business days prior written notice to the Agency, which notice shall include the
proposed scope of work for any such intrusive sampling, and (iii) in a manner which will
not unduly interfere with the Agency's current use of the Property Prior to entering the
Property or performing any intrusive soil or groundwater sampling on the Property, the
Developer shall deliver to the Agency a certificate of insurance evidencing that the
Developer's consultant has in place and shall maintain during the pendency of work on the
Property commercial general liability insurance with limits of at least One Million Dollars
and 00/100 Cents ($1,000,000 00) per occurrence and Two Million Dollars and 00/100
Cents ($2,000,000 00) in the aggregate for bodily injury or death and property damage
insurance including coverage for contractual liability covering any accident arising in
connection with the presence of the Developer's consultant, or its subcontractors, agents
and representatives on the Property, which shall name the City and the Agency as
additional insureds and is written by a reputable insurance company Any damage to the
Property caused by the Developer or its consultants in conducting any such environmental
assessment, investigation, or review shall be repaired by the Developer at its sole cost and
expense The Agency will ensure that throughout the Inspection Period, any existing
utilities services required for the Developer's inspections and investigations shall be
maintained and not disconnected The Developer shall not engage in any activity that could
result in a mechanics lien being filed against the Property without the Agency's prior
written consent In the alternative, at the Developer's sole discretion, if Agency offers to
6
repair or otherwise remedy such conditions to the Developer's satisfaction, the Developer
may accept such offer If the Developer terminates this Agreement, and this transaction
does not close, the Developer agrees, at the Developer's expense, to repair all damages to
the Property resulting from the inspections and investigations and return the Property to its
present condition
6 The Developer's Agreement to Indemnify The Developer hereby agrees to indemnify,
defend, and hold the City and the Agency harmless from and against any and all hens, claims,
causes of action, damages, liabilities and expenses (including reasonable attorneys' fees)
caused by the Developer's inspections or tests permitted under this Agreement with respect
to conditions created by the Developer as a result of its inspections If the Developer elects
not to terminate during the Inspection Period, the Developer's indemnity shall extend to
indemnify, defend, and hold the City and the Agency harmless from and against any and all
hens, claims, causes of action, damages, liabilities, and expenses (including reasonable
attorneys' fees) related to environmental and site conditions of the Property, mcludmg but
not limited to all claims arismg under any applicable environmental laws The Developer's
obligations under this section shall survive the termination of this Agreement and shall
survive the closing and transfer of ownership
7 Document Delivery The Agency shall provide to the Developer any and all prior surveys,
environmental reports, plans, specifications, and contracts associated with the Property that
are in the City or the Agency's possession within ten (10) days of the Buyer's request for
such documents
8 The Developer's Obhgation to Close The obligation of the Developer to purchase the
Property is subject to the following conditions to closing unless waived by the Developer
on or before the Closing Date
A Ordinance No 9908-26, relating to vacation of certain right-of-way, has been approved
by the City of Clearwater City Council and fully executed
B The representations and warranties of the Agency set forth herein remain true on the
Closing Date
C The Agency is not in default of this Agreement
D The Project is in compliance with the zoning, land use, and any concurrency
requirements for the Project
E The Developer has obtained financing for construction of the Project, on commercially
reasonable terms
In the event these conditions are not satisfied on or before the Closing Date, the Developer
may terminate this Agreement as set forth in Article IX
9 The Agency's Obligation to Close The obligation of the Agency to sell the Property to the
7
Developer is subject to the following conditions to closing unless waived by the Agency
on or before the Closing Date
A Ordinance No 9908-26, relating to vacation of certain right-of-way, has been approved
by the City of Clearwater City Council and fully executed
`B The representations and warranties of the Developer set forth in this Agreement are
true on the Closing Date
C The Developer is not in default of this Agreement
D The Developer has provided a letter from the EVO Entertainment committing to
develop and operate the Project
In the event these conditions are not satisfied on or before the Closing Date, the Agency
may terminate this Agreement as set forth in Article IX
10 Closing Date The Closing Date shall be a date agreed upon by the Parties but no later than
October 30, 2026
11 Closing Procedure At closing, the Agency shall convey to the Developer a quit -claim deed
delivering fee simple title to the Property At closing, the Agency and the Developer shall
deliver to the title company all documents necessary or advisable to consummate the
transaction contemplated hereby In the event a special warranty deed is required by the
closing agent to complete the closing, the Property may be conveyed by such a deed in lieu
of a quit -claim deed upon agreement of the Parties
12 The Property is currently exempt from ad valorem real estate taxes Commencing on the
Closing Date, the Developer shall be responsible for all ad valorem real estate taxes, if any,
on the Property and any personal property taxes
13 The Agency shall pay all outstanding special assessments and taxes, interest, and penalties
levied against the Property prior to the Closing Date
14 The Agency will have terminated all leases, if any, for the Property or any part thereof and
all tenants will have vacated the Property by the Closing Date
15 The Agency shall deliver to the Developer all original documents that it is in possession of
pertaining to the Property mcludmg licenses and permits, if any
16 The Developer shall pay for all documentary stamps and transfer taxes, if any, for the deed,
and for the preparation, recording, and documentary stamps for all closing documents, lien
releases, and title curative instruments, its own attorney's fees, title insurance, and all other
closing costs and expenses
8
17 The Developer may, at its own expense, purchase title insurance, if available Any matters
set forth in the title commitment, including any defects, or hens and encumbrances, shall
be the responsibility of the Developer to cure, or accept as exceptions to the title policy
18 The closing shall be conducted by a closing agent mutually agreed upon by the Parties
Additionally, the Parties may agree not to use a closing agent
19 Condemnation In the event that prior to the Closing Date, all or any portion of the Property
or any rights or easements therein shall be taken by condemnation or rights of eminent
domain or like process, or shall be threatened therewith, and the same, in the Developer's
reasonable opinion, would have a materially adverse impact upon the Developer's use of
the Property, the Developer shall, within fifteen (15) days after having received notice
thereof from Agency, elect in writing to either a) continue this Agreement m full force and
effect, notwithstanding such taking or threatened taking, in which case the Developer shall
be required to continue the purchase of the Property, in which event Agency shall assign
or pay to the Developer the applicable portion of the proceeds payable under such
condemnation proceedings, b ) delete the portion of the Property condemned or threatened
to be condemned from this Agreement, with a proportionate reduction in the Purchase
Price, or c ) terminate this Agreement
20 Real Estate Commission The Developer and the Agency represent that they have not used
any brokerage services with respect to the conveyance of the Property The Agency and
the Developer shall each hold the other harmless and indemnify the other Party, its
respective successors, assigns, employees, directors and agents from any and all costs,
damages, liabilities and expenses, including reasonable attorney's fees, incurred by reason
of any claim for fee or commission of any kind based on the sale contemplated herein
21 Maintenance of Property Prior and up to the Closing Date, the Agency shall maintain the
Property in good order
22 Radon Gas Notice As required by § 404 056(5), Florida Statutes, the following notice is
hereby given to the Developer as the prospective purchaser of the Property, which may
have buildings located thereon, and the Developer acknowledges receipt of such notice
"Radon Gas Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed
to it over time Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida Additional information regarding radon and radon testing may be
obtained from your county public health unit "
ARTICLE V INSURANCE AND INDEMNIFICATION
1 Insurance Requirements Generally The Developer agrees to purchase and maintain (or
cause its construction contractor to purchase and maintain) in full force and effect such
insurance policies with coverages generally applicable to projects in the State of Florida
and Pinellas County similar in size and scope to the Project All insurance shall be obtained
from financially responsible insurance companies either duly authorized under the laws of
9
the State of Florida to do insurance business in the State of Florida (or subject to legal
process in the State of Florida) and shall be issued and countersigned by duly authorized
representatives of such companies for the State of Florida
The insurance coverages and limits shall be evidenced by properly executed certificates of
insurance, copies of which shall be provided to the Agency during the term of this
Agreement No less than thirty (30) days' written notice by registered or certified mail
must be given by the Developer to the Agency of any cancellation, intent not to renew, or
reduction in the policy coverages
Nothing in this Agreement is intended or shall be deemed to be designed by the Agency as
a recommended insurance program for the Developer The Developer alone shall be
responsible for the sufficiency of its own insurance program
2 Indemnification The Developer shall defend, mdemnify, and hold harmless the Agency and
the City, their respective officers, agents, and employees from and against any and all claims
of loss, liability and damages of whatever nature, to persons and property, includmg, without
limiting the generality ofthe foregoing, death of any person and loss ofthe use of any property,
caused by its intentional actions or negligence in regard to the Developer's performance of its
services under this Agreement Nothing herein shall be construed as consent by the Agency
or the City to be sued by third parties, or as a waiver or modification of the provisions or limits
of Section 768 28, Florida Statutes or the Doctrine of Sovereign Immunity
ARTICLE VI REPRESENTATIONS, WARRANTIES, AND COVENANTS OF THE
DEVELOPER
1 Representations and Warranties of the Developer The Developer represents and warrants
to the Agency that each of the following statements is currently true and accurate and
agrees the Agency may rely upon each of the following statements
A The Developer is a limited liability company duly organized and validly existing under
the laws of the State of Florida, has all requisite power and authority to carry on its
business as now conducted, to own or hold its properties, and to enter into and perform
its obligations hereunder and under each document or instrument contemplated by this
Agreement to which it is or will be a Party
B This Agreement and, to the extent such documents presently exist in form accepted by
the Agency and the Developer, each document contemplated or required by this
Agreement to which Developer is or will be a Party have been duly authorized by all
necessary action on the part of, and have been or will be duly executed and delivered
by, the Developer, and neither the execution and delivery thereof, nor compliance with
the terms and provisions thereof or hereof 1 ) require the approval and consent of any
other party, except such as have been duly obtained or as are specifically noted herein,
2) contravene any existing law, judgment, governmental rule, regulation or order
applicable to or binding on the Developer, 3 ) contravene or results in any breach of,
default under or, other than as contemplated by this Agreement, or 4) results in the
10
creation of any hen or encumbrance upon any property of the Developer under any
indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's
articles of organization, or, any other agreement or instrument to which the Developer
is a party or by which the Developer may be bound
C This Agreement and, to the extent such documents presently exist in form accepted by
the Agency and the Developer, each document contemplated or required by this
Agreement to which the Developer is or will be a party constitutes, or when entered
into will constitute, a legal, valid, and binding obligation of the Developer enforceable
against the Developer in accordance with the terms thereof, except as such
enforceability may be limited by applicable bankruptcy, insolvency or similar laws
from time to time in effect which affect creditors' rights generally and subject to usual
equitable principles in the event that equitable remedies are involved
D There are no pending or, to the knowledge of the Developer, threatened actions or
proceedings before any court or administrative agency against the Developer, or against
any controlling shareholder, officer, employee, or agent of the Developer, which question
the validity of this Agreement or any document contemplated hereunder, or which are
likely in any case, or in the aggregate, to materially adversely affect the consummation
of the transactions contemplated hereunder or the financial condition of the Developer
E The Developer has filed or caused to be filed all federal, state, local, and foreign tax
returns, if any, which were required to be filed by the Developer, and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against the Developer
F All financial information and other documentation, including that pertaining to the
Project or the Developer, delivered by the Developer to the City and the Agency, was,
on the date of delivery thereof, true and correct
G The principal place of business and principal executive offices of the Developer are at
311 Park Place Boulevard, Suite 300, Clearwater, Florida 33759, and, until the
expiration or termination of this Agreement, the Developer will keep original or
duplicate records reasonably necessary to demonstrate the Developer's compliance
with its obligations under this Agreement and all contracts, licenses, and similar rights
relating thereto at its office located at 311 Park Place Boulevard, Suite 300, Clearwater,
Florida 33759, copies of which shall be made available to Agency upon forty-eight (48)
business hours' written notice
H As of the Closing Date, the Developer will have the financial capability to carry out its
obligations and responsibilities in connection with the development of the Project
I The Developer has the experience, expertise, and capability to complete the Project
2 Covenants of Developer The Developer covenants with the Agency that until the earlier
of the Termination Date or the Expiration Date
11
A The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform
B During each year this Agreement and each year the obligations of the Developer under
this Agreement shall be in effect, the Developer shall cause to be executed and to
continue to be in effect those instruments, documents, certificates, permits, licenses,
and approvals and shall cause to occur those events contemplated by this Agreement
that are applicable to, and that are the responsibility of, the Developer
C The Developer shall complete the Project in accordance with this Agreement and the
Concept Plan and will not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto, including the CRA Plan
and the Act
D Subsequent to the Effective Date, the Developer shall maintain its financial capability
to undertake and provide the services to be provided by the Developer hereunder and
shall promptly notify the Agency of any event, condition, occurrence, or change in its
financial condition which materially adversely affects, or with the passage of time is
likely to adversely affect, the Developer's financial capability to successfully perform
its obligations hereunder with respect to the Project as contemplated hereby
E Subject to and except as permitted by Article XII, Section 1 , the Developer shall
maintain its existence, will not dissolve or substantially dissolve all of its assets, and
will not consolidate with or merge into another corporation, limited partnership, or
other entity without the prior approval of the Agency, unless the Developer is the
surviving entity or retains a controlling interest in the consolidated or merged
corporation, in which case no consent by Agency shall be required In any event, prior
to the expiration or termination of this Agreement, the Developer, will promptly notify
the Agency of any changes to the existence or form of the business entity of the
Developer
F The Developer shall not sell, lease, transfer, or otherwise dispose of all or substantially
all its assets without adequate consideration and will otherwise take no action which shall
have the effect, singularly or in the aggregate, of rendering the Developer unable to
continue to observe and perform the covenants, agreements, and conditions hereof and
the performance of all other obligations required by this Agreement
G Except for the removal of any structures, plants, items, or other things from the Property
after the Closing Date necessary for development of the Project, the Developer shall
not permit, commit, or suffer any waste or impairment of the Property prior to the
earlier of the Termination Date or the Expiration Date
H Provided all conditions precedent thereto have been satisfied or waived as provided
herein, the Developer shall design, construct, and complete the Project
12
I The Developer shall, before commencing occupation of the Property and at all times
thereafter, obtain and maintain a current business tax receipt for its operations
3 Survival The representations, warranties, and covenants of the Developer as contained in
this Agreement shall survive the conveyance of the Property by the Agency
ARTICLE VII REPRESENTATIONS, WARRANTIES, AND COVENANTS OF THE
AGENCY
1 Representations and Warranties The Agency represents and warrants to the Developer
that each of the following statements is currently true and accurate and agrees that the
Developer may rely on each of the following statements
A The Agency is a validly existing body corporate and politic of the State of Florida, is
the duly created community redevelopment agency of the City under the Act, has all
requisite corporate power and authority to carry on its business as now conducted and
to perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party
B This Agreement and, to the extent such documents presently exist in form accepted by
the Agency and the Developer, each document contemplated or required by this
Agreement to which the Agency is or will be a party have been duly authorized by all
necessary action on the part of, and have been or will be duly executed and delivered by,
the Agency, and neither the execution and delivery thereof, nor compliance with the
terms and provisions thereof or hereof 1 ) require the approval and consent of any other
party, except such as have been duly obtained or as are specifically noted herein, 2 )
contravene any existing law, judgment, governmental rule, regulation, or order
applicable to or binding on the Agency, 3) contravene or results m any breach of, or
default under or, other than as contemplated by this Agreement, results in the creation of
any hen or encumbrance upon any property of the Agency under any indenture,
mortgage, deed oftrust, bank loan or credit agreement, applicable ordinances, resolutions
or, on the date of this Agreement, any other agreement or instrument to which the Agency
is a party, specifically including any covenants of any bonds, notes, or other forms of
indebtedness of the Agency outstanding on the Effective Date
C This Agreement and, to the extent such documents presently exist in form accepted by
the Agency and the Developer, each document contemplated or required by this
Agreement to which the Agency is or will be a party constitute, or when entered into
will constitute, legal, valid, and binding obligations of the Agency enforceable against
the Agency in accordance with the terms thereof, except as such enforceability may be
limited by public policy or applicable bankruptcy, insolvency or similar laws from time
to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event that equitable remedies are involved
D There are no pending or threatened actions or proceedings before any court or
administrative agency against the Agency, or against any officer of the Agency, which
13
question the validity of any document contemplated hereunder, or which are likely in
any case, or in the aggregate, to materially adversely affect the consummation of the
transactions contemplated hereunder or the financial condition of the Agency
2 Covenants The Agency covenants with the Developer that until the earlier of the
Termination Date or the Expiration Date
A The Agency shall timely perform or cause to be performed all of its obligations
contained herein
B During each year that this Agreement and the obligations of the Agency under this
Agreement shall be in effect, the Agency shall cause to be executed and to continue to
be in effect those instruments, documents, certificates, permits, licenses and approvals,
and shall cause to occur those events contemplated by this Agreement that are
applicable to and are the responsibility of the Agency
C The Agency shall assist and cooperate with the Developer to accomplish the
development of the Project in accordance with this Agreement and the Concept Plan,
will carry out its duties and responsibilities contemplated by this Agreement, and will
not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements
that are or will be applicable thereto, and, to the extent permitted by law, the Agency
will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions,
rules, regulations, or orders or approve or enter into any contracts or agreements,
including issuing any bonds, notes, or other forms of indebtedness, that will result in
any provision of this Agreement to be in violation thereof
D The Agency shall not knowingly take any other action that would adversely impact the
development of the Project
E The Agency to the best of its ability, shall maintain its financial capability to carry out
its responsibilities as contemplated by this Agreement and shall notify the Developer
of any event, condition, occurrence, or change in its financial condition that adversely
affects, or with the passage of time is likely to adversely affect, the Agency's financial
capability to carry out its responsibilities contemplated hereby
3 Survival The representations, warranties and covenants of Agency as contained in this
Agreement shall survive the conveyance of the Property by the Agency
ARTICLE VIII DEFAULT
1 Default If after the Effective Date either Party fails to perform or comply with any material
provision of this Agreement, then the occurrence of such event shall be a default by the
non-performing or non -complying Party
2 Default Remedies If a Default remains uncured thirty (30) days after written notice thereof
to the defaulting Party, the non -defaulting Party may pursue any and all legal or equitable
14
remedies including but not limited to an action for declaratory relief, injunctive relief, or
specific performance In the event the defaulting Party has commenced to cure default but
it is of such nature that it cannot be completely cured within thirty (30) days, the defaulting
Party shall have such reasonable additional time as is necessary to cure the default
Notwithstanding any provision in this Agreement to the contrary, if a default shall occur
prior to the Closing Date, the non -defaulting Party's sole and exclusive remedy shall be to
terminate this Agreement
3 Right to Purchase Remedy In the event of a default under Article III, Section 5, 6, or 7,
the Agency shall have the right to purchase the Property for One Milhon Dollars and
00/100 Cents ($1,000,000 00) in addition to the remedies provided in Section 2 above
4 Obligations, Rights, and Remedies Cumulative Unless specifically stated herein to the
contrary, the specified rights and remedies to which either the Agency or the Developer are
entitled under this Agreement are not exclusive and are intended to be in addition to any
other remedies or means of redress to which the Agency or the Developer may lawfully be
entitled and are not specifically prohibited by this Agreement Further, all remedies
provided for herein and under Florida law shall be cumulative and shall survive the
technical termination of this Agreement
5 Non -Action on Failure to Observe Provisions of this Agreement The failure of the Agency
or the Developer to promptly or continually insist upon strict performance of any term,
covenant, or condition of this Agreement, or any Exhibit hereto, or any other agreement,
instrument, or document of whatever form or nature contemplated hereby shall not be
deemed a waiver of any right or remedy that the Agency or the Developer may have, and
shall not be deemed a waiver of a subsequent default or nonperformance of such term,
covenant, condition, or provision
ARTICLE IX TERMINATION
1 Termination This Agreement may be terminated by either Party prior to closing upon the
occurrence of any of the following events or conditions
A Failure of either Party to satisfy the conditions to closing by the Closing Date,
B All or a portion of the Property is taken by the exercise of the power of eminent domain
by a governmental authority (except the City or the Agency),
C The City approves an amendment to the CRA Plan, which is inconsistent with the
Project being located on the Property,
D A default occurs under any other provision or term of this Agreement after notice and
opportunity to cure are provided as provided in Article VIII
2 In the event of a termination pursuant to Section 1 above, neither the Developer nor the
Agency shall be obligated or liable one to the other in any way, financially or otherwise,
15
for any claim or matter arising from or as a result of this Agreement or any actions taken
by the Developer or the Agency, and each Party shall be responsible for their own costs,
excluding provisions of this Agreement which specifically survive the termination of this
Agreement
3 This Agreement may be terminated by mutual written agreement between the Parties
4 Termination Certificate In the event of termmation of this Agreement, a certificate shall be
executed and recorded reflecting such action as further detailed in Article XII, Section 20
ARTICLE X UNAVOIDABLE DELAY
1 Unavoidable Delay Any delay in performance of or inability to perform any obligation
under this Agreement (other than an obligation to pay money) due to any event or condition
described to Section 2 below as an event of "Unavoidable Delay" shall be excused in the
manner provided in this Article X
2 "Unavoidable Delay" means any of the following events or conditions or any combination
thereof acts of God, acts of the public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by law, unavailability of materials after timely
ordering of same, building moratoria, discovery and remediation of previously unidentified
environmental contamination discovered after the Closing Date, epidemics, quarantine
restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods,
extremely abnormal and excessively inclement weather (as indicated by the records of the
local weather bureau for a five-year period preceding the Effective Date), strikes or labor
disturbances, delays due to proceedings under Chapters 73, 74 or 75, Florida Statutes,
restoration in connection with any of the foregoing or any other cause beyond the
reasonable control of the Party performing the obligation in question, including, without
limitation, such causes as may arise from the act of the other Party to this Agreement, or
acts, mactions or delays of any governmental authority (except that acts of the Agency shall
not constitute an Unavoidable Delay with respect to performance by the Agency)
3 An application by any Party for an extension of time pursuant to Section 1 above must be
m wntmg, must set forth in detail the reasons and causes of delay, and must be filed with
the other Party within thirty (30) days following the occurrence of the event or condition
causing the Unavoidable Delay or thirty (30) days following the applicant becoming aware
(or with the exercise of reasonable diligence should have become aware) of such
occurrence
ARTICLE XI FIRE OR OTHER CASUALTY, CONDEMNATION
1 Loss or Damage to Project If economically reasonable as determined by the Developer,
the Developer covenants and agrees to diligently commence and complete the
reconstruction or repair of any loss or damage caused by fire or other casualty or by eminent
domain (provided the City or the Agency is not the condemning authority) to each and
every part of the Project to substantially the same as existed prior to the occurrence of such
16
loss or damage Any reconstruction or repair of any loss or damage to the Project shall be
to the standards, design, plans, and specifications of the original construction unless any
change therefrom is approved by the Agency
2 Partial Loss or Damage to Project Any loss or damage by fire or other casualty or exercise
of eminent domain to the Project or the Property, or any portion thereof, which does not
render the Project or the Property reasonably unusable for the use contemplated by this
Agreement, shall not operate to terminate this Agreement or to relieve or discharge the
Developer from the timely performance and fulfillment of the Developer's obligations
pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay
3 Notice of Significant Loss or Damage to Project The Developer shall within sixty (60) days
of a significant loss to or occurrence of significant damage to the Property give the Agency
written notice of such damage or destruction stating the date on which such damage or
destruction occurred, the expectations of the Developer as to the effect of such damage or
destruction on the use of the Project, and the proposed schedule, if any, for repair or
reconstruction of the Project If the Developer determines that it cannot or will not repair or
restore the Property for use as the Project, then the Developer shall state within the written
notice the reasons supporting its determination and offer the Agency the option to purchase
the Property at the greater of One Million Dollars and 00/100 Cents ($1,000,000 00) or fair
market value as determined by a mutually agreed upon property appraiser
ARTICLE XII MISCELLANEOUS
1 Sale, Conveyance, Assignment Prior to the earlier of the termination or expiration of this
Agreement, the Developer may not sell, convey, assign, or otherwise dispose of any or all
of its right, title, interest, and obligations in and to the Project or the Property, or any part
thereof to any person without first offering the Agency a right to purchase the Property at
fair market value as determined by a mutually agreed upon property appraiser
An assignment of the Project, or any part thereof, by the Developer to any corporation,
limited partnership, limited hability company,. general partnership, or joint venture, in
which the Developer is a general partner, manager, or has either the controlling interest or
through a joint venture or other arrangement shares equal management rights with a
financial institution and maintains such controlling interest or equal management rights for
the term of this Agreement shall not be deemed an assignment or transfer subject to any
restriction on or approvals of assignments or transfers imposed by this provision, provided,
however, that notice of such assignment shall be given by the Developer to the Agency no
less than ten (10) days prior to such assignment being effective and the assignee shall be
bound by the terms of this Agreement to the same extent as would the Developer in the
absence of such assignment If the Developer shall at any time withdraw or be replaced as
a general partner or no longer have the controlling interest or management rights as
described in this subsection, then that event shall constitute an assignment of the
Developer's right, title, interest, or obligations under this Agreement for purposes of this
section and the prior approval of the Agency shall be obtained before such an event shall
be effective
17
2 Successors and Assigns The terms, conditions, and restrictions herein contained shall bind
and inure to the benefit of the Agency and the Developer and their respective successors
and assigns and shall be deemed covenants running with the land binding any person or
entity having at any time, any interest, or estate in the Property
3 Notices Unless specifically provided otherwise in this Agreement, all notices, requests,
demands, claims, and other communications herein shall be in writing, addressed to the
office for each Party as indicated below, and may be (i) personally delivered, (ti) sent via
certified or registered mail, postage prepaid, or (iii) sent via overnight courier If provided
by personal delivery, receipt will be deemed effective upon delivery If sent via certified
or registered mail, receipt will be deemed effective three (3) calendar days after being
deposited in the United States mail If sent via overnight courier, receipt will be deemed
effective two (2) calendar days after the sending thereof
To the Agency
Community Redevelopment Agency of the City of Clearwater
P 0 Box 4748
Clearwater, Florida 33758
Attention Executive Director
With copies to
City of Clearwater
P 0 Box 4748
Clearwater, Florida 33758
Attention City Attorney
To the Developer
Myrtle Development LLC
311 Park Place Boulevard, STE 300
Clearwater, Florida 33759
Attn Robert V Potter/ Glen Stilo
4 Holidays It is hereby agreed and declared that whenever a notice or performance under
the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal
holiday observed in the City, it shall be postponed to the next following business day
5 Severability If any term, provision or condition contained this Agreement shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such term, provision, or condition to persons or circumstances other than
those in respect of which it is invalid or unenforceable, shall not be affected thereby, and
each term, provision, and condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law
6 Applicable Law and Construction The laws of the State of Florida shall govern the
validity, performance, and enforcement of this Agreement This Agreement has been
18
negotiated by the Agency and the Developer, and the Agreement, including, without
limitation, the Exhibits, shall not be deemed to have been prepared by the Agency or the
Developer, but by all equally
7 Venue, Submission to Jurisdiction For purposes of any suit, action, or other proceeding
arising out of or relating to this Agreement, the Parties do acknowledge, consent, and agree
that venue thereof is Pinellas County, Florida
Each Party to this Agreement hereby submits to the jurisdiction of the State of Florida,
Pinellas County and the courts thereof and to the jurisdiction of the United States District
Court for the Middle District of Flonda, for the purposes of any suit, action or other
proceeding arising out of or relating to this Agreement and hereby agrees not to assert by
way of a motion as a defense or otherwise that such action is brought in an inconvenient
forum or that the venue of such action is improper or that the subject matter thereof may
not be enforced in or by such courts
8 Agreement Not a Chapter 86-191, Laws of Florida, Development Agreement The Parties
acknowledge, agree, and represent that this Agreement, including, without limitation, any
of the Exhibits, is not a development agreement as described in Sections 163 3220 through
163 3243, Florida Statutes
9 Complete Agreement This Agreement, and all the terms and provisions contained herein,
including without limitation the Exhibits hereto, constitute the full and complete agreement
between the Parties to the date hereof, and supersedes and controls over any and all prior
agreements, understandings, representations, correspondence and statements whether
written or oral
10 Any provisions of this Agreement shall be read and applied in para materia with all other
provisions hereof
11 Amendment This Agreement cannot be changed or revised except by written amendment
signed by both the Parties
12 Captions The article and section headings and captions of this Agreement are for
convenience and reference only and in no way define, limit, describe the scope or intent of
this Agreement, or any part thereof, or in any way affect this Agreement or construe any
article, section, subsection, paragraph or provision hereof
13 Exhibits Each Exhibit referred to and attached to this Agreement is an essential part of this
Agreement The Exhibits and any amendments or revisions thereto, even if not physically
attached hereto shall be treated as if they are part of this Agreement
14 No Brokers The Agency and the Developer hereby represent, agree and acknowledge that
no real estate broker or other person is entitled to claim or to be paid a commission as a
result of the execution and delivery of this Agreement, including any of the Exhibits, or
any proposed improvement, use, disposition, lease, conveyance, or acquisition of any or
19
all of the Property, specifically including the conveyance of the Property by the Agency to
the Developer
15 Not an Agent During the Term of this Agreement, as provided in Section 19 of this Article,
the Developer hereunder shall not be an agent of the City or the Agency, with respect to
any and all services to be performed by the Developer (and any of its agents, assigns, or
successors) with respect to the Project, and the Agency is not an agent of the Developer
(and any of its agents, assigns, or successors)
16 Public Purpose The Parties acknowledge and agree that this Agreement satisfies, fulfills,
and is pursuant to and for a public purpose and municipal purpose and is in the public
interest, and is a proper exercise of the Agency's power and authority under the Act
17 No General Obligation In no event shall any obligation, express, or implied, of the Agency
under this Agreement be or constitute a general obligation or indebtedness of the
Developer, the City, or the Agency, a pledge of the ad valorem taxing power of the City or
the Agency, or a general obligation or indebtedness of the Developer, the City or the
Agency within the meaning of the Constitution of the State of Florida or any other
applicable laws, but shall be payable solely from legally available revenues and funds
Neither the Developer nor any other Party under or beneficiary of this Agreement shall
ever have the right to compel the exercise of the ad valorem taxing power of the City, the
Agency or any other governmental entity or taxation in any form on any real or personal
property to pay the City's or the Agency's obligations or undertakings hereunder
18 Attorney's Fees In the event of any litigation between the Parties arising out of this
Agreement, the prevailing Party shall be entitled to recover all costs and attorney fees
incurred, such costs and fees to include without limitation reasonable attorney and
paralegal fees incurred in related investigations, negotiations, trial, on appeal, and in any
bankruptcy proceedings
19 Term If not earlier terminated, the term of this Agreement shall be for fifteen (15) years
commencing on the Effective Date of this Agreement (the "Term")
20 Completion/Termination Certificate Upon completion of the Term or termination of this
Agreement, the Parties shall execute a certificate to such effect The certificate shall be
signed by both the Parties and indicate either that this Agreement has been terminated or
has expired and is no longer in effect Following execution by the Parties, the certificate
shall promptly be recorded in the Public Records of Pinellas County, Florida In the event
of a unilateral termination of this Agreement, the terminating Party shall be responsible for
recording and fees associated therewith Otherwise, the Developer shall be responsible for
recording the certificate and fees associated therewith
IN WITNESS WHEREOF, the Parties have set their hands and their respective seals
affixed as of the date and year first above written
[SIGNATURE PAGES FOLLOW]
20
Approved as to form
Matthew J Mytych, Esq
CRA Attorney
Date f Q/ 3 la(
(AGENCY SIGNATURE PAGE)
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA, a
public body corporate and politic of the State of
Florida
By
Bruce
CRAC ai on
Date lG
Attest
d
%rte';c /...
E. -s l c
-RA Roseman- Call ' ' 7 '�
City Clerk .``,.,011►11ul �f�aj ,
Date 10 6 =`gyp«, xi /HL, ,�<,. '
���� Lo,QaaAiE
-� O G
S'Z7 1T f m`
7i
(DEVELOPER SIGNATURE PAGE)
Signed, sealed, and delivered in the presence of
*Note tjvo witnesses are required*
Witness 'I Signature
Print Name '7A. , 4' J5 Lz—
Address / 3 O f AAA ALC
cz-e,A (4 m -roc ?175 -5" -
Witness Sign bre
Print Name,�-
Address S,,",,,,
STATE OF FLORIDA
COUNTY OF PINELLAS )
MYRTLE DEVELOPMENT, LLC,
a Florida limited liability company
By
Print name CL Fag S T7 L
Title in A ivy Grc2
Date /a b. Jm_5*
The foregoing instrument was acknowledged before me bymeans physical presence or
online notarization, this '\ day of CCI- , 2026 by G1,o\ -t-t(-0 , as
R-asar of MYRTLE DEVELOPMENT, LLC who /is/are personally known to me
or _ who has/have produced a driver's license as identification r'
(NOTARIAL SEAL)
t�,RY "49e ,�'0 TRACEYSIMEK
'�,qii ae Commission # HH 524157
FOF F`pP� Expires May6 2028
22
Notary Public, State of tlarida
Name of Notary f 0. c34'4. L %%
My Commission Expires K-&, & ZQ
My Commission No .0 s a l Ls -7
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lots 8, 9, 10, and 11, Block 15 of Gould and Ewing's 2nd Addition to Clearwater Harbor, according
to the map or plat thereof as recorded in Plat Book 1, Page 52 of the Public Records of Hillsborough
County, Florida, of which Pinellas was formerly a part
23
EXHIBIT "B"
LEGAL DESCRIPTION FOR THE PROJECT
Lot 1, LESS AND EXCEPT the East four (4) feet thereof for street right of way known as Myrtle
Avenue and ALL of Lot 2, Block 14, GOULD AND EWING'S lst and 2nd ADDITION TO
CLEARWATER HARBOR, FLA, according to the map or plat thereof as recorded in Plat Book
1, Page(s) 52, of the Public Records of Hillsborough County of which Pinellas County was
formerly a part
Lots 1, 2, 3, 4, and 5, Block 15, GOULD AND EWING'S 1st and 2nd ADDITION TO
CLEARWATER HARBOR, FLA, according to the map or plat thereof as recorded in Plat Book
1, Page(s) 52, of the Public Records of Hillsborough County of which Pinellas County was
formerly a part, LESS Road Right of Way
Lots 6, and 7, Block 15, GOULD AND EWING'S 1st and 2nd ADDITION TO CLEARWATER
HARBOR, FLA, according to the map or plat thereof as recorded in Plat Book 1, Page(s) 52, of
the Public Records of Hillsborough County of which Pinellas County was formerly a part
Lots 12, and 13, Block 15, GOULD AND EWING'S 1st and 2nd ADDITION TO CLEARWATER
HARBOR, FLA, according to the map or plat thereof as recorded in Plat Book 1, Page(s) 52, of
the Public Records of Hillsborough County of which Pinellas County was formerly a part
Lot 14, Block 15, GOULD AND EWING'S 1st and 2nd ADDITION TO CLEARWATER
HARBOR, FLA, according to the map or plat thereof as recorded in Plat Book 1, Page(s) 52, of
the Public Records of Hillsborough County of which Pinellas County was formerly a part , LESS
the East 4 feet thereof
Lots 15, and 16, and the East 4 feet of Lot 14, Block 15, GOULD AND EWING'S lst and 2nd
ADDITION TO CLEARWATER HARBOR, FLA, according to the map or plat thereof as
recorded in Plat Book 1, Page(s) 52, of the Public Records of Hillsborough County of which
Pinellas County was formerly a part , LESS that portion of said Lot 16 which lies East of a line
30 0 feet West of the Section line between Sections 15 and 16, Township 29 South, Range 15 East
Lots 7, 8, 9, 10, and 11, Block 16, GOULD AND EWING'S 1st and 2nd ADDITION TO
CLEARWATER HARBOR, FLA, according to the map or plat thereof as recorded in Plat Book
1, Page(s) 52, of the Public Records of Hillsborough County of which Pinellas County was
formerly a part
Lots 12 to 22, Block 16, GOULD AND EWING'S 1st and 2nd ADDITION TO CLEARWATER
HARBOR, FLA, according to the map or plat thereof as recorded in Plat Book 1, Page(s) 52, of
the Public Records of Hillsborough County of which Pinellas County was formerly a part
Lots 3,4 and 5, Block 14, Gould and Ewing's 2nd Addition to Clearwater Harbor, as per plat
thereof, recorded in Plat Book 1, Page 52, of the Public Records of Pinellas County, Florida
Lots 8, 9 and 10, Block 14, less the East Four (4) feet of Lot 10 for road right of way, GOULD
AND EWING'S SECOND ADDITION TO CLEARWATER, FLORIDA, according to the plat
24
thereof as recorded in Plat Book 1, Page 52, Public Records of Pinellas County, Florida of which
Pinellas County was formerly a part
Lots 6 & 7 Block 14, Gould and Ewings 1st and 2nd Addition to Clearwater Harbor, FI, according
to the map or plat thereof as recorded in Plat Book 1, page 52, of the Public Records of
Hillsborough County, Florida, of which Pinellas County was formally a part
Lots 1 and 2, less the North 15 feet thereof in Block 16 of GOULD AND EWING'S 1st and Second
Addition to Clearwater Harbor, Fla, as per plat recorded in Plat Book 1, Page 52 of the Public
Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, less that
part of said Lot 1, Block 16, described as follows
Begin at the Northeast corner of Section 16, Township 29 South, Range 15 East, run thence South
88°58'40 West along the North line of said Section 16, 30 0 feet, thence South 01°27'35" East 35 0
feet, for a Point of Beginning, thence South 88°58'40" West 5 0 feet, thence South 46°14'20" East
7 10 feet, thence North 01°27'35" West along the West right of way of Myrtle Avenue, 5 0 feet to
the Point of Beginning
Together with Lots 3 and 4 in Block 16 of GOULD AND EWING'S 1st and Second Addition to
Clearwater Harbor, Fla, as per plat recorded in Plat Book 1 on Page 52 of the Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part, less and except the
North 15 feet thereof, more particularly described in deed to City of Clearwater, Florida, recorded
in Official Records Book 1904, Page 21
And together with Lots 5 and 6, Block 16, GOULD AND EWING'S 1st and Second Addition to
Clearwater Harbor, Fla, according to the map or plat thereof as recorded in Plat Book 1, Page 52,
of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a
part, less the North 15 feet thereof conveyed to the City of Clearwater for street nght of way
purposes
25
EXHIBIT "C"
CONCEPT PLAN
26
EXHIBIT "D"
NO COERCION FOR LABOR OR SERVICES ATTESTATION
Pursuant to Section 787 06(13), F S , this form must be completed by an officer or representative
of a nongovernmental entity when a contract is executed, renewed, or extended between the
nongovernmental entity and a governmental entity
MYRTLE DEVELOPMENT, LLC does not use coercion for labor or services as defined in
Section 787 06, F S
Under penalty of penury, I declare that I have read the foregoing statement and that the facts stated
in it are true and corre
Signature
Printed Name
Title
Date
ist pd ?i(24 6/42--N 2772 u
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me by means /physical presence or
online notarization, this LI day of 0L7 , 2026 by Csl•av\ \-c (0 , as
Ka t v -ext.,.," of MYRTLE DEVELOPMENT, LLC who V/ is/_are personally known to me
or who has/have produced a driver's license as identification
(NOTARIAL SEAL)
2o„as puke. TRACEY SIMEK
* . _ * Commission # HH 524157
09 'T' ` Expires May 6 2028
F
27
Notary Public, State of Florida
Name of Notary ‘zt_cSQL( J I !Mak-
My Commission Expires 1-tcAkt, Co, 20215
My Commission No \,--\c- \-1 5 415-7