FLD2006-07044
-to
This document prepared by
and should be returned to
Emil G Pratesi, Esquire
Richards, Gilkey, Fite, Slaughter,
Pratesl & Ward, P.A.
1253 Park Street
Clearwater, Flonda 33756
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2007292009 09/04/2007 at 03 32 PM
OFF REC BK 15963 PG: 1006-1033
DocType RST RECORDING $23950
DE CLARA TION OF COVENANTS. RESTRICTIONS AND EASEMENTS
OF PBPIDUNCAN
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EA&EMENTS
(thIS "Declaration") IS made and entered into as of thIS 2.0 +hctay of AV~ c;.-t , 2 Of!],
by P B P OF CLEARWATER, LLC, a FlorIda limIted habIhty company (theJ' eclarant")
R E C I TAL S:
A Declarant IS the owner of certam property located m Pmellas County, Flonda, as
more partIcularly descnbed m Exhibit "A" attached hereto (the "Property").
B. Declarant mtends that the Property be developed (the "Project")
C The Project, as currently contemplated, IS shown on the SIte plan attached to thIS
DeclaratIon as Exhibit "B" (defined in SectIOn 1.1 below as the "Site Plan")
E. Declarant recognizes that for the most effiCIent development and operatIOn of the
Project It IS necessary that the development and operatIOn of the Property be mtegrated m certam
respects
F Declarant by the recordatIon of thIS DeclaratIon estabhshes certam covenants,
restnctIOns and easements wIth respect to the Project for the benefit of the current and future
owners of the Property.
ARTICLE I.
DEFINITIONS
1.1. Definitions. When used m thIS DeclaratIOn, the followmg words shall have the
respectIve meanings set out below
(a) "Article{s)" shall mean the ArtIcles ofIncorporatIOn of the ASSOCIatIOn
(b) "Assessment(s)" shall mean the Common Area Assessments and SpecIal
Assessments proVIded for m ArtIcle VIII of thIS DeclaratIOn
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(c) "Association" shall mean and refer to PBP Property Owners AssocIation,
Inc , a Flonda non profit corporatlOn, together wlth lts successors, legal representatIves
and asslgns
(d) "Board" or "Board of Directors" shall mean and refer to the Board of
DIrectors of the ASSOCIatIon.
(e) "Building(s)1I shall mean the bmldmg(s) from time to time eXIstmg on
each Parcel
(f) "Bylaws" shall mean and refer to the Bylaws of the AssocIatlOn as the
same may be amended from tIme to bme.
(g) IICityll shall mean the CIty of Clearwater, Flonda.
(h) "Common Areas and Facilities" shall mean the portiOns of the Project
intended for the nonexclusIve common use by the Owners and, to the extent prOVIded for
herem, theIr PermIttees Common Areas and FaCIlItIes shall mclude, without lImItatiOn,
the followmg as they may exist from bme to bme on the Parcels' the roadway and dnve
aisles as they may eXIst from tIme to tIme on Parcels IIAII and IIBII WhICh are so
deSIgnated on the Site Plan, and any other roadways and drive aisles whIch may from
tIme to tIme be so deSIgnated by the Declarant or the Owners, any common stormwater
collection and retention facIlIttes, any common sewer facibtIes, landscaped areas at
entryways, medians and buffers, conservatIon areas, lightmg, common lightmg facIlItIes,
and any common SIgns.
(1) "Common Area Costsll shall be the reasonable dIrect costs actually
mcurred by the ASSocIatiOn to fulfill its obligatiOns under thIS DeclaratIOn relatIve to the
operatIOn and mamtenance of the Common Areas and FacIbtIes All Common Area
Costs that are conSIdered capital costs or expendItures by generally accepted accountmg
prInCIples shall be amortIzed and assessed over their useful lIves.
(j) IICountyll shall mean Pmellas County, FlOrIda
(k) IIDeclarant" shall mean P B P of Clearwater, LLC, a Flonda bmIted
lIabIlIty company, or its successor who IS expressly aSSIgned the rIghts of Declarant under
thIS Declaration by an aSSIgnment document executed by the then Declarant, referencing
thIS .QeclaratlOn and recorded In the Pubbc Records of the County
(1) "Declaration II shall mean thIS DeclaratiOn of Covenants. RestnctIOns and
Easements, as It may from tIme to time be amended.
(m) IIDefault Interest Rate" shall mean the lesser of (1) five percent (5%) per
annum m excess of the IIPnme Rate," and (11) the hlghest lawful rate. The "Prime Ratell
shall mean the IIPnme Ratell as published In The Wall Street Journal In ItS Money Rates
Table (or any successor format, whether In prInt or on-line). If there shall be no such
publIshed rate the Board of the Association shall select an alternative method of
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detenmnmg the then Itpnme Rate" based upon an eqUIvalent rate charged by one or more
major U S banks
(n) ~'Drainage System" shall mean all structures mcludmg culverts, pIpes,
and swales reqUIred to collect and convey ramfall from the Property to various water
management tracts and or related facIlItles.
(0) "Exhibit(s)" shall mean the ExhIbIt(S) referenced m and attached to thIS
DeclaratiOn, all of whIch are a part of thIS DeclaratIOn
(P) "Member" shall mean a person or entIty meeting the critena and
qualIficatIOns necessary to be an Owner under thIS DeclaratiOn.
(q)
any Parcel
"Mortgagee" shall mean the holder of any first mortgage encumbermg
(r) "Owner" as It relates to any Parcel, shall mean the Person then holdmg fee
sImple tltle to the Parcel If more than one Person holds fee sImple tltle to the Parcel, all
such Persons, collectIvely, Jomtly and severally, shall be the Owner of the Parcel In the
event a copy or memorandum of a lease IS recorded WhICh provides that the Person
holdmg the leasehold estate as tenant thereunder shall be treated as the Owner under thIS
DeclaratIOn, such Person shall be deemed the Owner of the Parcel for the purposes of this
DeclaratIOn; provIded that such deSIgnatIOn wIll not release the Person who would
otherwIse be the Owner of the Parcel from ItS oblIgatIOns under thIS DeclaratIOn in the
event of a failure of such tenant to comply WIth the terms OfthIS DeclaratIOn
(S) "Parcel(s)" shall mean, indIvidually or collectIvely, Parcel "A" and Parcel
"B" as more partIcularly deSCrIbed on ExhIbIt "c" attached.
(t) "Parcel's Proportionate Share" shall mean, with respect to the following
Parcels, as follows'
Parcel "A"
Parcel "B"
50%
50%
100%
(u) "Permittees" shall mean the Owners, all Persons from tIme to tIme
entItled to the use and occupancy of any Parcel under any lease, deed or other
arrangement, and theIr respective officers, directors, employees, agents, contractors,
customers, VISItors, mVItees, lIcensees, mortgagees m posseSSIOn, tenants, sub-tenants and
conCeSSIOnaireS
(v) "Person(s)" shall mean and mclude mdlvlduals, partnerships, firms,
associatIons, Jomt ventures, corporatIOns, lImIted lIabIlIty compames, lImited lIabIhty
partnershIps, and any other form ofIegal entIty havmg legal capaCIty
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(w) "Prior Restrictions" shall mean those certam restnctIons recorded m
OfficIal Records Book 4193, Page 1238, of the PublIc Records of Pmellas County,
Flonda
(x) "Project" shall mean the project to be developed on the Property,
currently contemplated to be developed substantIally as shown on the SIte Plan
(y) "Property" shall mean the real property descnbed m Exhibit "A" to thIS
DeclaratIOn
(z) "Site Plan" shall mean the SIte Plan for the Property, a reduced copy of
whIch is attached hereto as Exhibit "B". Declarant retains the sole and absolute nght to
modIfy and alter the SIte Plan wIthout the consent of any Owner subject to the approval
of the CIty of Clearwater '
(aa) "Surface Water Management System or Facilities" means those areas
of the Property designed to control, detain and retam surface waters, and mcludes but IS
not lImIted to, all inlets, ditches, swales, culverts, water control structures, retentIon and
detentIOn ponds, lakes, floodplam compensation areas, wetlands and any assocIated
buffer areas, wetland mItIgation areas and other tracts set aSIde or created for dramage
purposes pursuant to the Surface Water Management PermIt (the "PermIt") Issued or to
be iss'ued by the Southwest Flonda Water Management DIstrICt ("SWFWMD" or the
"Dlstnct")
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION
The Property shall be held, used, transferred, mortgaged, sold, conveyed, and occupIed
subject to thIS DeclaratIOn The covenants, restrictIOns and easements set out III thIS DeclaratIon
are to run WIth the land, regardless of whether or not they are specifically mentIOned many
deeds or conveyances of Parcels or portIons thereof subsequently executed It IS the mtent of
Declarant that thIS DeclaratIon, whIch grants perpetual easements and proVIdes for theIr use,
maintenance and repaIr, be perpetual m nature, subject, however, to the terms, conditIOns and
prOVISIOns of thIS DeclaratIon In the event apphcable law prohIbIts a proviSIOn or prOVISIOns of
thIS DeclaratIOn from bemg enforced m perpetuIty, then such proVISIon or proVISIOns shall be
enforced for the maXImum tIme penod permItted under applicable law and all other proVISIons of
thIS DeclaratIOn, whIch under apphcable law can be perpetual, shall be perpetual.
The Property shall also be held, used, transferred, mortgaged, sold, conveyed and
occupied subject to the Pnor RestrIctIons
ARTICLE lll.
CONSTRUCTION OBLIGATIONS
3.1. Common Area Construction. Declarant shall construct, or cause to be
constructed, the Common Areas and FacilItIes shown on the SIte Plan subject to Declarants'
rIght to modIfy and alter the same from tIme to time as proVIded for In ArtIcle l(z).
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3.2. General Construction Requirements. Each Owner agrees that any constructIOn
work to be undertaken on Its Parcel shall be performed (a) so as not to unreasonably mterfere
with any constructIon work bemg performed on the remamder of the Property, and (b) so as not
to unreasonably mterfere wIth and mInImIZe dIsruptrons of the access to, use, occupancy and
enjoyment of the remamder of the Project, mcludmg, wIthout lrmltatIon, the Common Areas and
FacIhtIes Any damage occurring to any portIOn of the Property as a result of such constructIon
work shall be the responsIbIlity of the Owner perfoffillng such constructIOn work or causmg such
constructIOn work to be performed and shan be promptly restored and repaIred by such Owner,
at such Owner's sole cost and expense, to the reasonable satisfactIOn of the Owner ofthe affected
Parcel or, as to the Common Areas and FacIlrtIes
3.3. Sie:ns. There eXIsts a ComprehenSIve SIgn Program for the Property whereby all
sIgnage for both Parcels wIll need to be coordinated as to SIze, matenals and color A new
ComprehenSIve SIgn Program for the Property wIth the City of Clearwater shall be establIshed
pnor to the Issuance of any new certificate of occupancy on the Property The Owners shall
cooperate wIth each other placing any sIgnage on a Parcel and no Owner shall place any sIgnage
on a Parcel WhICh wIll have an adverse effect on any eXIstmg sIgnage on the other Parcel without
the pnor consent of the other Owner
ARTICLE IV.
EASEMENTS
4.1. Easements Declarant hereby establIshes, grants and conveys to and for the
benefit of all Owners and their respective Parcels, the followmg easements
(a) Ingress, Egress and Access Easement Each Parcel and Owner shall
have a nonexclusIve perpetual easement m, to, over and across all roadways and dnve
aisles as they may eXIst from tune to tIme on the respectIve Parcels, for vehIcular and
pedestrIan mgress and egress by the Owners and theIr respective Penmttees The
vehIcular dnve aisles shall not be matenally altered from that shown on the SIte Plan so
as to obstruct or ImpaIr mgress and egress to the other respectrve Parcels, WIthout the
consent of the Owners of all Parcels
(b) Parking. Each Parcel and Owner shall have a nonexclusIve perpetual
easement m, to, over an across the parkmg spaces as they may exist from tIme to tune, on
the respective Parcels for the parkmg of vehIcles by such Owner and Its respectIve
PermIttees.
(c) Encroachment. Each Parcel and Owner shall have a nonexclusIve
perpetual easement in, on, and under the non-Bmldmg areas of the other Parcels for
mmor encroachments for curbmg, landscapmg and underground ImgatlOn and mCIdental
utIlrty lines, whIch are used and located In a manner so as not to interfere WIth the
development or use of the affected Parcel; prOVIded that if any such encroachment
mterferes, many matenal respect, WIth the then eXIstmg or proposed future use of the
affected Parcel, the Owner of the affected Parcel shall have the nght, by SIXty (60) days
notIce to the Owner of the Parcel from whIch the encroachment occurs, to reqUire the
relocatIOn of the encroachmg Item (if a SUItable alternatIve locatIOn eXIsts on the affected
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Parcel) or (If no sUItable alternatIve locatIOn eXIsts on the affected Parcel) the removal of
the encroachmg Item.
(d) Sewer. Each Parcel and Owner shall have a nonexclusIve perpetual
easement m, to and over the Common Areas and FacilItres for sanitary sewer to tIe mto,
connect wIth, use, mamtain, repaIr, and replace, all only to the extent reasonably
necessary, any underground samtatIon or storm sewer facilItIes, now or hereafter mstalled
thereon
(e) Utilities Each Parcel and Owner shall have a nonexclusIve perpetual
easement m, to, and over the Cornman Areas and FacIbtIes for utIhty purposes to tIe mto,
connect WIth, use, mamtam, repaIr and replace, all only to the extent reasonably
necessary, any underground utilItIes, now or hereafter mstalled thereon
(f) Drainage. A non-exclusIve easement IS hereby reserved to the Declarant,
each Owner, the ASSOCIatIon, their successors and aSSIgns for surface water, dram age and
for the mstallatIOn and mamtenance of the surface water management and dramage of the
Property. The Surface Water Management System and Dramage System of the Property
shall be developed, operated, and maIntamed m conformance with the reqUIrements of
any controllmg governmental authonty The Surface Water Management System and
Dramage System shall be owned and operated by the Association except for any portion
of the Surface Water Management System and FaCIlIties and/or Dramage System that has
been dedIcated to a governmental authonty The ASSOCIatIOn shall mamtam as an
operatmg expense the entIre Surface Water Management System and FaCilItIes and
Dramage System withIn the Property, mcIuding but not lImited to all lakes, ponds,
retention areas, culverts, pIpes, pumps, catch basms and related appurtenances regardless
of whether or not same are natural or man-made wIthm the Property or are owned by the
Assoclatron. Such mamtenance shall be performed m conformance WIth the requIrements
of any controlhng governmental authority, and an easement for such mamtenance IS
hereby created. The ASSOCIation WIll have the nght, but not the oblIgatIOn to mamtam any
portIOn of the Surface Water Management System and FaCIlIties and Dramage System for
the Property whIch IS owned and/or mamtamed by any controllmg governmental
authonty or WhICh IS outSIde of the Property. The Property shall be reqmred to accept
surface water dramage from any other property pursuant to the reqUIrements of any
controllIng governmental authority, and m connectIOn thereWIth WIll have the nght, but
not the oblIgatIOn, to mamtam any portIOn of the surface water management system for
such other property reasonably reqmred m connectIOn WIth the mamtenance or operatIon
of the Surface Water Management System for the Property.
(g) Maintenance. ASSOCIation, each Parcel and Owner shall have a
nonexclUSIve perpetual easement m, to, and over the Common Areas and FacIlities for
the mamtenance, repaIr and replacement of the Common Areas and FacIhtIes, to the
extent necessary to fulfill the obligatIOns or to exerCIse the nghts created by thIS
DeclaratIon
4.2. Temporarv Construction Easement. Declarant hereby reserves unto Itself a
nonexclusive temporary constructIOn easement m, to and over the Property (except for Parcel
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"B") for the purpose of constructmg the Common Areas and FacIlItIes. Declarant agrees that It
Wlll carry out the constructIon of the Common Areas and FacIhtIes m a manner so as not to
unreasonably mterfere wIth the constructton work bemg performed on the remamder of the
Property The temporary constructIOn easement created by thIS Section 4.2 shall be conclUSIvely
deemed to be termmated on the date whIch IS three (3) years from the date of thIS Declaration,
unless pnor to such time, Declarant records in the PublIc Records of the County a notice that the
constructIOn contemplated by thIS Section has not been completed, WhICh speclfically references
thIS DeclaratIOn and thIS Section and con tams a substItute outside completIon date, whIch shall
automatically replace the date contamed m the prevIOUS sentence for purposes of thIS
DeclaratIOn
4.3. Additional Easements. Declarant reserves the nght at any tIme and from tIme to
tIme to (and upon reasonable request from any Owner shall) grant additIOnal easements over the
Property, WIthout the consent or Jomder of any other party, proVIded that (a) any such easement
must (I) be to proVIde utIhtIes (publIc or pnvate) or other servIces to one or more of the Parcels,
(11) be granted by a document executed by Declarant and referencing that It IS granted pursuant to
the nghts reserved m thIS Section, and (b) the grantee of such easement agrees m the grantmg
document to repaIr and restore any damage to the Improvements or landscapmg WIthin the
easement area caused by the grantee's actiVIties m or use of the easement area and that the
grantee shall conduct Its actiVItIes wIthm the easement area in a manner, to the extent practIcal,
to mll1ImIZe any dIsruptron to the busmesses being conducted on the affected PareeI(s).
4.4. Unauthorized Use of Common Area Each Owner as to Its Parcel, has the nght
to eJect or cause the eJectIOn from the Common Areas and FaCIlItIes of any Person not authOrIzed
to use the Common Areas and Fact!ItIes pursuant to thIS Declaration
4.5. Prohibition Ae:ainst GrantinR Easements No Owner shall have the nght to
grant or convey the nght to use any easements created by thIS Declaration for the benefit of any
property not wlthm the ProJect, WIthout the consent of all Owners.
4.6. Easements Limited The easements created by thIS Declaration are appurtenant
to the Parcels Nothmg m thIS DeclaratIon IS mtended to be a dedIcatIOn to the public or to create
any nghts m the general pubhc to use any portIOn of the Common Areas and FaCIlIties.
ARTICLE V.
PROJECT DEVELOPMENT RESTRICTIONS
AND OPERATIONAL COVENANTS
5.1. Common Areas No portIOn of the Common Areas and FacIlItres may be used
for any purpose other than ItS mtended purpose WIthout the consent of all Owners
5.2. Construction and Desie:n of Improvements Every bUildIng now or m the
future constructed on any part of the property shall be constructed, operated and mamtamed so
that the same is m compliance with all Laws, and shall be of first quahty construction, m
conformity WIth sound archItectural and engIneerIng standards
It shall be the responsIbIlIty of each Owner wlthm the Property at the tIme of constructIOn
of a burldmg or structure, to comply WIth the construction plans for the Surface Water
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Management System pursuant to Chapter 400-4, F A.C , approved and on file wIth SWFWMD,
and all other governmental regulatIOns. All Owners shall be responsIble for mamtammg desIgned
flow paths for storm water dramage as shown m the permitted plans If the constructed flow path
IS dlsturbed or modIfied, the AssocIatIOn has the authonty to enter the Parcel, reconstruct the
mtended flow pattern, and assess the property Owner for saId expense and/or any damages
mcurred therefrom
It IS the Owner's responsIbIlrty not to remove native vegetatIOn (mcludmg cattaIls) that
eXIst or otherwIse become estabhshed WIth the Surface Water Management System or FacIhtIes,
mcludmg any surroundmg buffer areas. Removal includes dredgmg, the applicatIOn of herbICIde,
cuttlllg, and the mtroductIOn of grass carp. Parcel Owners should address any questIOn regardmg
authonzed actIvltIes to the DIStnCt pnor to takmg any actIOn. Existmg and mature native shrubs
and vegetatIOn m buffer areas surroundmg the Dramage FacIlities shall be mamtamed by the
Owner as part of Its Parcel Any removal or tnmmmg of such vegetation IS subject to the pnor
approval of the DIstrict and the Association.
The Owners are hereby notIfied that the Property IS subject to the requirements of the
PermIt Issued, or to be Issued, by the DIstnct. In addItlOn, each Owner IS reqUIred to mform the
DIstrict at the begmnmg of construction on any Parcel that a ProfeSSIOnal Engmeer regIstered in
Flonda has been retamed to supervIse construction; and upon completIOn of constructIon on the
Parcel, the Owner must submIt to the Dlstnct a Statement of Completion and as-bUIlt
certIficatIOn that ItS actIons were m complIance WIth the PermIt. The Declarant may assign to the
ASSOCIatlOn, at any tIme, mcludmg after turnover, the PermIt relatmg to the Property and the
AssociatIOn shall be reqUIred to accept such assignment
No Owner of any portIOn of the Property may construct or mamtam any buIlding, or
structure, or undertake or perform any actiVIty m the wetlands, wetland mItigation areas, buffer
areas, upland conservation areas and dramage easements descnbed m the PermIt
5.3. Insurance. Throughout the term of this DeclaratIOn, each Owner shall procure
and mamtam comprehenSIve pubhc habIlIty and property damage insurance against claIms for
personal mJury, death or property damage occumng upon such Owner's parcel, WIth single lImit
coverage of not less than an aggregate of One MIllIon and 00/1 OOths Dollars ($1,000,000.00)
mcludmg umbrella coverage, If any, or such greater amount as may from tIme to tIme be
reasonable and prudent under the CIrcumstances ThIS msurance is to insure against potentIal
lIabIlIty for losses or damages that mIght occur on or to the Property, mcluding, WIthout
limItatIOn, the easement areas thereof. Upon the request of any Owner, each of the other Owners
shall prOVIde such Owner wlth proper eVIdence of the eXIstence of such lIabIlIty msurance
SA. Dumpsters. All outdoor trash and garbage receptacles shall be screened WIth an
opaque enclosure constructed from a matenal durable enough to WIthstand the abuse resultmg
from pen OdIC servicmg and archItecturally detailed or finished conSIstent WIth or to complement
the BUIldmgs on the Parcel servIced by the receptacle and in conformance WIth CIty
reqUIrements
5.S. Drainat!e System The Owners are hereby notIfied that the Property may be
subJect to the reqUIrements of Surface Water Management, as may be modIfied, Issued by the
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Dlstnct and/or PmelIas County The ASSOCIatIOn shall control and mamtam the Surface Water
Management System or FacIlIties wIthm the Property.
In addition, each Owner may be required to obtain a separate surface water
management permit in accordance with Chapter 40D-4, F.A.C., from the District (the
"Internal Surface Water Management Systems") prior to initiating any construction or
improvement on any Parcel and shall not have the right to discharge drainage from any
Parcel into any part of the Surface Water Management System or Facilities within the
Property that are governed by the Permit, except as may be allowed by the District and the
Association by written notice.
ARTICLE VI.
USE RESTRICTIONS
6.1 Certain Specific Prohibited Uses Upon the eXIstmg Tenant of Parcel B, West
Manne, ceaSIng to operate on Parcel B, Parcel's B use shall be restncted as follows. Pnor to the
Issuance of any remodelmg permIt to provIde for the occupancy of a new use or pnor to the
Issuance of an occupatIOnal hcense for a new use of the bUlldmg, the proposed Tenant shall
submIt eVIdence to the CIty of Clearwater Planmng Department documentmg the proposed
Tenant will be a single purpose entity usmg the entIre 22,209 square-foot buildmg for the
retail/wholesale sales m a manner sImrlar to West Manne and/or devoted to the display/sales of
large Items, with a mmImum of four service bays, a mmimum of 4,700 square feet of
storage/warehouse area accessory to the pnmary use of retail sales, a maximum of 10 employees
on the largest ShIft, no outdoor dIsplay/sale of products and a maXImum of two delIvery vehIcles
Documentatron to eVidence the foregoing reqUIrements may Include but not be IUTIJted to other
locatIOns the proposed Tenant presently operates and traffic Impact studIes of such other
locatIOns, shOWIng SImIlar parkmg charactenstIcs as West Manne and showmg a peak traffic
demand durIng weekdays between the hours of 9 00 am and 7 00 pm would not exceed 22
occupIed parkmg spaces The CIty of Clearwater's Planmng Department may conSIder
modificatIOn of the above standards or other standards of reVIew to determme sImrlanty of use
ARTICLE VII.
MAINTENANCE OF COMMON AREAS AND FACILITIES: LIGHTING
7.1. Maintenance of Property. Each Owner shall, at all tImes during the term of this
DeclaratIOn, mamtam Its Parcel m good order, condItIOn and repaIr, conSIstent WIth the class and
character of the Project
7.2. Maintenance of Common Area. AssociatIOn shall, at all tImes during the term
of thIS Declaration, operate and mamtam (mcIudmg necessary or deSIrable repaIrs and
replacements) the Common Areas and Facilities m complIance WIth all applIcable governmental
laws, regulatIOns, ordmances and dIrectives (collectIvely, "Laws") and the prOVISIons of thIS
DeclaratIOn The Association shall use commerCIally reasonable efforts to manage the costs and
expenses aSSOCIated with operating and mamtaming the Common Areas and FacIlItres for the
mutual benefit of the Members
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The ASSOcIatIon shall maintam m perpetuIty, as part of the Common Areas, the Dramage
FacIlItles m complrance wIth all condItIOns of the PermIt The ASSOCIatIOn, shall, when requested
by Declarant, accept transfer of the SWFWMD PermIt for the Property The condItIOns may
mclude monrtorIng and record keepmg schedules, and mamtenance Notwithstandmg any other
proVIsIOns of thIS DeclaratIon to the contrary, the Association shall allocate suffiCIent funds m Its
annual budget for mom taring and mamtenance of the Dramage Facllrtres m accordance WIth the
PermIt for the Property.
The AssocIation shall mamtam, as part of the ASSOCIatIOn Property, any areas desIgnated
on the Property as mItigatIon areas for wetlands The ASsocIatIOn shall comply WIth all
applIcable permIt conditIOns for such areas, mcludmg momtormg and maintenance of wetland
vegetatIOn, and the replantmg of wetland vegetatIon to meet reqUIred survIval rates To the extent
that SWFWMD reqUIres sIgnage m or near preservatIOn areas, the AssocIatIon shall maintam
these as part of the Common Area The ASSOCIatIOn shall comply WIth all governmental
regulatIons mcludmg, but not limIted to, those of SWFWMD The AssocIation acknowledges
and agrees that the DIstnct has the nght to take enforcement measures, mcIudmg a CIvIl actIOn
for lllJunctlOn and/or penaltIes, against the AssocIation to compel It to correct any outstandmg
problems WIth the DraInage FaCIlities
7.3. Failure to Maintain In the event the responsIble Owner fails to mamtam any
part of the Common Area and FacIlrtIes as proVIded herem, the ASSOCIatIOn and any other Owner
shall have the right, upon no less than thIrty (30) days pnor notIce to the responsible Owner, to
perform delmquent maintenance reqUIred hereunder The responSIble Owner shall reImburse the
Owner performmg such mamtenance of the costs thereof (less such Owner's ProportIOnate
Share) WIthin thirty (30) days of receIpt of an mVOIce therefor, accompanred by appropnate
supporting documentation.
ARTICLE VIII.
PAYMENT OF COMMON AREA COSTS
8.1. Rie:ht to Reimbursement. The ASSOCIatIon shall be entItled to reImbursement
for the Common Area Costs by all of the Owners of the Parcels pursuant to the terms of thIS
Article
8.2. Assessments Established. The Owners through ItS or theIr ownershIp of a
Parcel, covenant to pay to the ASSOCIatIOn Common Area Assessments and Special Assessments
(as defined below), together WIth all eXCIse or other taxes, If any, that from tIme to time may be
Imposed upon all or any portIOn of the Assessments established by thIS ArtIcle
8.3. Common Area Assessment. The ASSOCIatIOn shall levy an annual assessment
(the "Common Area Assessment") to be used exclUSIvely to reImburse Itself for Common Area
Costs mcurred pursuant to thIS DeclaratIon The amount of the annual Common Area
Assessment shall be fixed by the ASSOCIatIOn and a proposed budget shall be sent to all Owners
by the AssociatIOn at least forty-five (45) days m advance of each calendar year, but any delay III
delIverIng the notice shall not mvalrdate an otherwIse valrd Assessment The Common Area
Assessment shall be payable in quarterly mstaIlments, but may be prepaId in whole at any time
or times dunng the applIcable calendar year. Common Area Assessments for each Parcel shall
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commence with respect to the Parcel on the earlrer of (I) the first day of the calendar month
followmg the date the Parcel IS first conveyed by Declarant (other than to a successor Declarant)
and (ll) the first annIversary of the date the first Parcells conveyed by Declarant (other than to a
successor Declarant).
8.4. Special Assessments In addItIon to the Common Area Assessment, the
ASSOCIatIon may levy a specIal assessment ("Special Assessment") for the purpose of defraying
(1) Common Area Costs whIch exceeded the Common Area Assessments for any calendar year,
or (11) the cost of any repaIrs or replacements constItuting Common Area Costs but not mcluded
m the Common Area Assessment for that calendar year. SpecIal Assessments shall be due withm
thIrty (30) days after wntten notIce from the AssocIation, to be accompallled by a reasonably
detaIled statement showmg the baSIS for the Special Assessment.
8.5. Allocation of Common Area and Special Assessments. The Common Area
Assessments and SpecIal Assessment shall be allocated based upon each Parcel's ProportIOnate
Share
8.6. Year End Reconciliation WIthm one hundred twenty (120) days after each
calendar year ends, or as soon thereafter as IS reasonably practical, the AssocIatIOn shall proVIde
to each other Owner an ItemIzed statement (the "Statement") showmg m reasonable detaIl the
actual Common Area Costs mcurred for the calendar year just ended, broken down by
component expenses. Any excess funds from the pnor year's Common Areas Assessment shall
be, at the option of the AssoCIation, (I) applied to the next year's budget, or (ll) refunded to the
Owners concurrently WIth the deb very of the Statement. Assessments for the first year m whIch
any Parcel is subject to Assessments hereunder shall be prorated (such proratIon to be mcluded
m the Statement) based upon the number of days mcludmg and after the date Assessments
commence for the Parcel compared to the total number of days m the calendar year
8.7. Audit Rie:hts. The Association shall keep accurate and complete books and
records relatrve to the Common Area Costs. Each Owner shall have SIX (6) months after
receIvmg the Statement to request an audIt of the AssocIations' books and records concemmg the
Common Area Costs reflected on the Statement, at a mutually convement tIme and at a locatIOn
desIgnated by the ASsocIatIOn m the County If any Owner disputes the accuracy of the
Statement, the Owner shall stIli pay the amount shown owmg, subJect to its fIght to recover any
overpayment revealed by an audIt to be conducted by the contestmg Owner at Its cost, except as
proVIded for below If a request for an audIt IS not made wIthm the SIX (6) month pen ad, any
nonrequestmg Owner shall have waIved Its nght to an audIt relative to that Statement, unless a
subsequent Statement IS dIscovered to be maccurate as a result of a willful attempt by the
AssoCIation to recover Improper amounts from the other Owners If any audit shows that a
Statement reflects amounts bemg Improperly charged to the Owners, the ASSOCIatIon shalI
reimburse the Owners for the overcharge In additIOn, If any audIt shows that a Statement reflects
amounts bemg Improperly charged to the Owners m an amount equal to more than ten percent
(10%) of the total Common Area Costs, the ASSOCIatIOn shall pay mterest to all the Owners on
the amounts Improperly collected at the Default Rate and shall renuburse the auditmg Owner for
the cost of the audIt If the ASSOCiatIOn dIsputes the accuracy of any audIt, the dIspute shall be
settled by arbItratIOn pursuant to the terms of thIS Declaratron
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8.8. Certificate WIthm ten (10) days ofa request, the AssocIation wIll furnIsh to any
mterested person a certIficatIOn settmg forth whether the Common Area Assessments and any
SpeCIal Assessments have been paId relative to any Parcel and, If not, the unpaid balance(s). The
ASSOCIatIOn may charge a reasonable admmIstratIve fee for such certificatIOns
ARTICLE IX.
REMEDIES FOR VIOLATION
9.1. Remedies If any Owner breaches any provIsIOn of thIS Declaration, then the
AssocIatlOn, and If the AssocIatlOn faIls to act, or any other Owner may pursue any remedy
provIded by law All remedles under thIS Declaration or at law are cumulatIve and not excluslve
The exerCIse of one remedy shall not be deemed to preclude the exerCIse of other remedIes
Reference to remedies "at law" or "by law" shall also mclude any remedIes avaIlable "m eqUIty."
9.2. Injunctive and Declaratory Relief Without lImItmg any other remedIes
provlded for m thIS DeclaratIon or by law, AssocIatlOn, and/or each Owner shalI have the right to
enjom any vIolatIon or threatened vIolatIOn of this DeclaratIOn and to bnng an action for
declaratory relIef m a court of competent JunsdIctIOn m connection wIth any VIOlatIOn or
threatened vlOlation of thIS DeclaratIOn It is acknowledged by all Owners that injunctive relIef IS
a necessary remedy m order to preserve, for all Owners, the benefits of thIS Declaration.
9.3. Owner's Rie:ht to Cure or Abate. If any Owner VIOlates any covenant,
condltIon or restnctIon contamed m thIS DeclaratlOn, or permIts or suffers any occupant of Its
Parcel or Penmttee to violate any covenant, condItion or restrIctIon of this DeclaratIOn, then m
addItion to any other remedy provided for m thIS DeclaratIOn, the ASSOCIatIOn and/or any Owner
(the "Creditor Owner") may demand by wntten notice (the "Default Notice") to the defaultmg
Owner (and ItS Mortgagee, If reqUired by Section 13 4 of thIS Dec1aratlOn) that the vlOlatIOn be
cured If the defaultmg Owner does not cure the VIOlatIon within thIrty (30) days after receIpt of
the Default NotIce, or if such default IS not a default m the payment of money and of a kmd
whIch cannot reasonably be cured wlthm thirty (30) days, and the defaultmg Owner does not
wIthm such thIrty (30) day penod commence to cure such default and dIlIgently thereafter
prosecute such cure to completIon, then the ASSOCIation or CredItor Owner, as the case may be,
shall have the nght to cure the default of the defaultmg Owner The defaultmg Owner shall,
wIthm fifteen (15) days of wntten demand by the ASSOCIatIOn or Creditor Owner, as the case
may be, accompamed by approprIate supporting documentation, reImburse the AssociatIon or
CredItor Owner for all costs and expenses incurred by the AssociatIon or Creditor Owner In
undertakmg any of the actions permitted by the precedIng sentence.
9.4. Lien Any CredItor Owner, any Owner relatIve to sums awarded pursuant to an
arbItratIOn under the terms of thIS Dec1aratlOn and not paId when due, and/or the ASSOCIatIon
relative to past due Assessments or Parcel "B" Contnbutions, shaIl be entItled to a hen agaInst
the Parcel of the defaulting Owner, whIch hen shalI be created and foreclosed m accordance with
thIS SectIon
(a) Creation A lIen authonzed by thIS SectIOn shall be created by recordmg
a wntten mstrument (the "Claim of Lien") In the Publrc Records of the County, which (I)
references thIS DeclaratIOn by date of recordatIOn and recordmg mformatIOn, (n) alleges a
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specIfic breach of thIS DeclaratIOn, (111) states the amount owed by the defaultmg Owner
through the recordmg date of the ClaIm of LIen, (IV) contams a legal descnptlOn of the
Parcel of the defaultIng Owner, and (v) IS executed and acknowledged by the CredItor
Owner or AssocIatlon, as the case may be, the Owner receIving the arbitratIOn award, or
the ASSOCIatIOn, as apphcable A copy of the Clarm of LIen shall be forwarded to the
defaultmg Owner pnor to or concurrently WIth Its recordatIon
(b) Amount A hen created pursuant to thIS Section shall mclude (I) the
amount stated In the ClaIm of LIen, (n) all costs and expenses incurred m creatmg and
foreclosmg such hen (mcluding attorneys' fees), and (Ill) mterest as set out m this Article
below
(c) Priority The pnonty of a hen created pursuant to thIS SectIon shall be
establIshed solely by reference to and shall be as of the date the ClaIm of Lien IS recorded
m the Pubhc Records of the County (not the date of the recordmg of thIS DeclaratIOn)
(d) Extinguishment If the defaultmg Owner cures Its default and pays all
amounts secured by a hen created pursuant to thIS SectIOn, the ASSOCIatIon or CredItor
Owner, as applIcable, shall record an instrument suffiCIent m form and content to clear
title to the Parcel of the defaultmg Owner from the CredItor Owner's or AssociatIOn's lIen
as applicable
(e) Foreclosure. A hen created pursuant to thIS SectIOn shall be foreclosed
JudICIally, m the same manner as proVIded for foreclosure of a real property mortgage m
the State of Flonda.
9.5. Interest Any amount payable under thIS Declaration that IS not paid wIthm thIrty
(30) days after wntten notIce to the applIcable Owner that such amount IS past due shall bear
mterest from the date of the notice at the Default Rate
9.6. Personal Oblie:ation. All amounts due under thIS DeclaratIOn, mcluding, WIthout
lImItation, the Assessments, are the personal obhgatIOn of the Owner of the applIcable Parcel
when such amounts became due. Any amounts secured by a Claim of LIen are also the personal
oblIgatIon of any successor Owner who acquired trtle to the Parcel after a ClaIm of Lien was
recorded m the Public Records ofthe County.
9.7. Subordination of Liens. Any lien created pursuant to thIS ArtIcle 9 shall be
subordmate to the hen of any first mortgage of record which IS (1) executed m good faIth and
value, (iI) to prOVIde financmg for the' acquiSItIon and/or development of a Parcel or the
constructIOn, repair or reconstructlon of Improvements thereon, and (n) m favor of a Mortgagee
The sale or transfer of any Parcel shall not affect the valrdIty or enforceabIhty of any hen,
prOVIded, however, that notWIthstanding the foregomg, the sale or transfer of any Parcel thereon
pursuant to the proper foreclosure of a first mortgage or deed in lieu by any Mortgagee shall
extmgUIsh any lIen created under thIS ArtIcle 9 whIch became due and payable poor to the date
of such foreclosure sale, unless a ClaIm of LIen was recorded pnor to the recordation of the
mortgage WhICh has been foreclosed. In no event shall the foreclosure of any mortgage or deed
m lIeu preJudlce the nghts of the ASSOCiatIon to collect any delInquent Assessments from the
13
pnor Owner who shall remam personally lIable for the payment of such Assessments. No
foreclosure sale or transfer shall relteve any Owner or any Parcel from liabIltty for any
Assessments WhICh become due subsequent to the date of such foreclosure sale or from the hen
of such Assessments.
ARTICLE X.
MEMBERSHIP AND VOTING RIGHTS
10.1 Members. Every Owner of a Parcel shall be a member of the ASSOCIatIon as
desIgnated m SectIOn 10 2 of this ArtIcle. MembershIp shall be appurtenant to and may not be
separated from ownershIp of a Parcel which IS subJect to assessment.
10.2 Membership Classes and Voting Rights. The ASSOCIatIOn shall have the followrng
two (2) classes of voting membership
(a) Class A Class A Members shall be all Owners, except the Declarant for
so long as the Developer retams Class B votmg nghts as defined herem, of Parcels and shall be
entitled to one (1) vote for each such Parcel so owned.
(b) Class B. Class B Member shall be the Declarant and shall be entitled to
two (2) votes for each Parcel owned The Class B membershIp shall cease and be converted to
Class A membershIp when one of the following events occurs.
(1) when the total votes outstandmg III Class A membership equals or
exceeds the total votes outstandmg m the Class B membershIp, or
(2) on December 31,2050
10.3 Joint Owners. When more than one person holds an mterest m any Parcel, all such
persons shall be members of the AssociatIOn; prOVIded, however, that Owners' vote shall be
exerCIsed as proVIded above or as all such persons among themselves determine, but rn no event
shall more than one (1) vote be cast WIth respect to any Parcel not owned by the Declarant.
ARTICLE XI.
INSURANCE
11.1 Insurance. The ASSOCIatIon, through its Board of DIrectors, shall purchase an
msurance PohcY(Ies) msuring any real and personal property owned by the ASSOCIatIOn or
constItutmg part of the Common Area, agamst loss of damage by fire and hazards covered by
wind storm and extended coverage endorsement and such other nsk of a SImIlar or dissimIlar
nature as customarIly covered for the same or SImIlar type of property. The Insurance obtamed
by the ASSOCIatIOn shall msure the mterest of the ASSOCIatIon and all Owners and their
Mortgagees, as theIr mterest may appear The dIrectors shall have no ltabIlity to the ASSOCIatIOn
or Its Members or any other person for faIlure to obtain insurance m full amount of the coverage
14
reqUired hereunder, If m good faIth a maJonty of the membershIp shall determme that such
msurance IS not reasonable aVaIlable.
11.2 Liability Insurance. In addItron to the above and foregomg msurance, the
ASSOCIatIOn, through Its Board of DIrectors, shaIl purchase and keep III effect a comprehenSive
public habilIty polIcy msurmg the ASSOCIation, Its Board of DIrectors, officers and Owners
agamst pOSSIble hablhty ansmg out of the use of the Common Area SaId poltcy shall be m an
amount not less than One MIllIon Dollars and OO/lOOths ($1,000,00000) combmed smgle lImIt
(bodIly mJury and property damage). The ASSOCIatIOn shall further, If required by state law, carry
a worker's compensatIOn Insurance polley, whIch polIcy WIll comply WIth the reqUirements of
the laws ofthe State ofFlonda
11.3 Cost of Insurance. The cost of all msurance purchased by the ASSOCIatIOn as
descnbed above shall be a Common Area Cost of the ASSOCIatIOn mcluded m the assessments to
be collected pursuant to ArtIcle VIII
11.4 Owner's Insurance. EACH OWNER SHALL BE OBLIGATED TO MAINTAIN
INSURANCE ON ITS PARCEL AND ANY IMPROVEMENTS THEREON IN AN AMOUNT
EQUAL TO AT LEAST FULL INSURABLE VALUE AS TO THE LOSS OR DAMAGE BY
FIRE OR OTHER CASUALTY, AS WELL AS LIABILITY INSURANCE AND INSURANCE
INSURING ITS PERSONAL PROPERTY EACH OWNER SHALL FURNISH PROOF OF
SUCH COVERAGE TO THE ASSOCIATIOJN UPON REQUEST WITH A CERTIFICATE
REQUIRlNG THIRTY (30) DAYS WRITTEN NOTICE TO THE ASSOCIATION OF
CANCELLATION OR NON-RENEWAL OF SAID INSURANCE COVERAGE.
ARTICLE XII.
ARBITRATION
12.1 Disputes Subiect to Arbitration Any dIspute that IS by the terms of thIS
Declaration expressly made subject to thIS ArtIcle and any dIspute that the partIes to the dIspute
agree m writmg to submIt to arbItratIOn pursuant to thIS ArtIcle may be settled by bmdmg
arbitration pursuant to thIS ArtIcle No other dIsputes shall be subJect to arbItratIon pursuant to
thiS Article
12.2 Request for Arbitration In the event of any dIspute between two or more
Owners, whIch IS subJect to arbItratIOn pursuant to this Article, any of the dIsputmg Owners may
prOVIde to the other Owner(s) a wntten notice of ItS demand to have the dIspute settled by
arbItration pursuant to thIS ArtIcle
12.3 Procedure
(a) Selection of Arbitrator WIthm twenty (20) days of the delivery of a
demand for arbItratIOn the parties shall agree upon a single arbItrator In the event the
partIes cannot agree upon an arbItrator, the partIes shall petItIOn the CIrCUIt Court of
Pmellas County, Flonda for the appomtment of an arbItrator The arbItrator shall be
knowledgeable and have substantIal expenence III the subject matter of the dIspute No
arbItrator, nor any firm WIth whIch the arbItrator IS assocIated, shall have represented
eIther party to the dispute wIthm the precedmg five (5) years.
15
(b) Arbitration Session WIthlll thirty (30) days of the selectIOn of the
arbitrator, the partIes shall hold an arbitratIOn seSSIOn not to exceed one day m length
unless the arbItrator agrees a longer penod IS necessary The arbItratIOn shalI be
conducted In the County, and any party may be represented by counselor other
authonzed representatIve The partIes may offer such eVidence as IS relevant and matenal
to the dispute. The arbItrator shall be the sole Judge of relevance and matenahty
(c) Decision The deCISIon of the arbitrator shall be bmdmg on the partIes and
may be confirmed by the CIrCUIt Court of Pmellas County, Flonda. The arbItrator's
deCISIon shall be m wnting, sIgned by the arbItrator, and conSIst of two (2) parts as
follows.
(I) a "DeCISIOn" portIon statmg the deCISIOn of the arbItrator on the
Issue presented, includIng any sums awarded to any party; and
(ii) a "Reasomng" portion statmg the reasonmg of the arbItrator m
reachmg ItS DeCISIOn.
12.4 Arbitration A ward Any amount awarded to any Owner by the arbItrator
pursuant to thIS ArtIcle shall be due and payable wIthm twenty (20) days after the deCISIOn of the
arbItrator becomes final. FaIlure to pay the amount due shalI entItle the party who receIved the
award to the remedIes proVIded for m the relevant prOVISIOns of thIS DeclaratIOn
12.5 Fees and Costs. Each party shall pay ItS own attorneys fees and costs in
connectIOn WIth the arbItratIOn If a party or partIes to the arbitratIon receIve substantIally all the
rehef requested m the arbItratIon, as determmed by the arbItrator as part of ItS DeCISIOn, the other
party or parties shall pay the fees of the arbItrator, otherwIse the fees of the arbItrator shall be
dIVIded equally between the partIes
ARTICLE XIII.
MISCELLANEOUS
13.1 Notices. Any notice reqUIred or permitted to be gIven by any proVISIon of thIS
DeclaratIon shall be deemed to have been suffiCIently given or served for all purposes If sent (I)
by hand delIvery, WIth a SIgned delIvery receIpt, (u) by regIstered or certIfied mall (return receIpt
requested), postage and charges prepaid, or (Ill) by a reputable overmght delIvery servIce WIth
the abllIty to confirm delIvery, addressed as follows
To Declarant
P B P of Clearwater, LLC
685 Mam Street, SUIte A
Safety Harbor, Flonda 34695
Fax' 727-725-2317
Any such notice shall be deemed to be gIVen on the date on whIch It IS receIved or receipt
thereof IS refused. Any Owner may deSIgnate or change ItS notIce address by notice to all other
Owners In accordance WIth this SectIOn
16
13.2 Attorneys' Fees In the event of any action between any of the Owners for
breach of or to enforce any provIsIon or nght under thIS DeclaratIOn, the prevaIlmg Owner shall
have the nght to recover all costs and expenses mcurred, expressly mcludmg, but not lImIted to~
reasonable attorneys' fees mcurred m connectron wIth such actIOn.
13.3 Breach Shall Not Permit Termination. No breach of thIS DeclaratIon shall
entitle any Owner to cancel, rescmd, or otherwIse termmate thIS DeclaratIOn
13.4 Rie:hts of Morte:ae:ee. The Mortgagee of any Owner shall be entitled to a
SImultaneous copy of any Default Notice served on such Owner, served m the same manner that
other notices are reqUIred to be gIven under thIS DeclaratIOn, proVIded that the Mortgagee shall
have, pnor to the time of the default, notified the Owner gIvmg the Default Notice of the
Mortgagee's maIlmg address
13.5 Effect on Third Parties Except for SectIOn 13 4, whIch IS for the benefit of a
Mortgagee, thIS Declaration IS for the sole benefit of the ASSOCIatIOn and Owners and not any
thIrd party
13.6 No Partnership. Nothmg m thIS DeclaratIOn IS mtended to create the relationshIp
of pnncIpal and agent, or of partnershIp, or of Jomt venture, or of any SImIlar relationshIp
between any of the Owners
13.7 Modification No modIficatron to or termmatron of thIS DeclaratIOn shall be
valId or effectIve unless m wntmg, referencmg thIS DeclaratIOn by date of recordatIOn and
recordmg mformatIOn, SIgned by each of the Owners and recorded m the Public Records of the
County PrOVIded further, any amendment of thIS DeclaratIOn whIch modIfies, effects or changes
the Surface Water Management System FacIhtIes or operatIOn or mamtenance of the Surface
Water Management System FaCIlIties shall have the pnor wntten approval of the DIStnCt. In
addItion to the foregomg restnctIon and lImItatIOn on modIficatIOn Declarant and Owners
covenant and agree that no termmatlOn, modIfication or amendment of thIS DeclaratIon shall be
made WIthout the prIor wntten approval of the CIty of Clearwater, whIch approval shall be
recorded m the publIc records of Pm ell as County, Flonda
13.8 Severabilitv In the event any portIOn of thIS DeclaratIOn, or the applIcatIon of
any proVISIOn of thIS Declaratron to any partIcular CIrcumstance IS held to be mvalId or otherwIse
unenforceable by any court of competent JunsdIctIOn, such holdmg shall m no way affect the
remaInder of thIS DeclaratIOn or any valId and enforceable applIcatron of any proVISIOn of thIS
DeclaratIOn
13.9 Governine: Law ThIS DeclaratIOn and shall be mterpreted, construed, and
enforced m accordance WIth the laws of the State of Flonda
13.10 Interpretation ThIS DeclaratIOn shall be construed m accordance WIth ItS mtent
of provIdmg for the effiCIent mtegratIOn of the Parcels mto a functIOnal proJect. It shall not be
construed more stnctly for Of' agamst Declarant or any Owner ArtIcle and SectIOn trtles m thIS
DeclaratIOn are mserted for convement reference, and no way define, lImit, extend, or deSCrIbe
the scope of any prOVISIOns of thIS Declaration
17
13.11 Release If an Owner shall transfer fee SImple trtle to Its entrre Parcel, It shaIl be
released from all oblIgatIOns under this DeclaratIOn accrumg from and after the date of such
transfer ThIs Declaratron IS bmdmg on the Owners relatrve only to obhgatiOns accrumg dunng
theIr respectIve penods of ownershIp of a Parcel, except as expressly prOVided for m SectIOn 9 6
where an Owner takes tItle to a Parcel WIth a ClaIm of LIen of record
13.12 Time of Essence TIme IS of the essence WIth respect to the performance of each
of the covenants and agreements con tamed m thIS DeclaratIOn
13.13 Entire Ae:reement. ThIS DeclaratIOn and the ExhIbItS contam the entrre
agreement WIth respect to the subJect matter hereof
13.14 Construction Liens In the event any constructron hen IS filed agamst the Parcel
of any Owner as a result of any work by or for the benefit of any other Owner, the Owner
responsIble for such hen WIll promptly take such actron as may be reqUIred to have the lIen
dIscharged from such Parcel Upon request of the other Owner, the Owner responsIble for such
hen agrees to furnIsh such secunty or mdemmty as may be reqUIred, to and for the benefit of
such other Owner, to permIt a trtle msurance company to msure the affected Parcel free of such
constructIOn hen
13.15 Sub-Declarations
covenants, condItIOns, restrIctIOns
declaratIOn (a "Sub-Declaration")
DeclaratIOn
The Declarant may elect to Impose or define addItiOnal
or easements agamst any Parcel pursuant to a separate
All Sub-DeclaratiOn shall be subordmate and subJect to thIS
Any Sub-DeclaratIOn shall set forth mamtenance obhgatIOns WIth respect to
Improvements, facIlItres or other appurtenances whIch serve only the subJect Parcel(s). A Sub-
Declaratron shall set forth assessments for the mamtenance of the subJect Parcel
In the event the Declarant elects to develop a portIon of the Property under condommlUm
ownershIp, such condommmm shall constitute a Parcel and the Owners of any condommlUm
umts therem shall be subJect to the terms and condItrons of thIS DeclaratIOn as well as the
apphcable declaratron of condommlUm.
A Sub-Declaratron may prOVIde for a separate aSSOCiatIon to admmIster the nghts and
obhgatIOns prOVided m a Sub-Declaratron and the mamtenance of common Improvements,
facilItIes and appurtenances whIch serve the subJect Parcel(s).
13.16 Future Plat of Property. Declarant shall have the nght and optIon to plat the
Property at any trme In the event Declarant determmes to plat the Property, each Owner
covenants and agrees to cooperate and Jam mto a plat of the Property, or any part thereof,
prOVIded however, m no event shall any plat of the Property matenally modIfy or dImmIsh any
Owner's fIghts under thIS Declaratron
13.17 Waiver of Trial by Jury. BY ACCEPTANCE OF A DEED, EACH OWNER
KNOWINGL y, VOLUNT ARIL y, AND INTENTIONALLY WAIVES ANY RIGHT HE MAY
HA VE TO A TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF
ACTION, WITH RESPECT TO ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM
18
OR CROSS CLAIM. WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS IF
THE TORT ACTION IS PRESENTLY RECOGNIZED OR NOT), BASED ON. ARISING
OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE ASSOCIATION
DOCUMENTS. INCLUDING ANY COURSE OF CONDUCT. COURSE OF DEALING,
VERBAL OR WRITTEN STATEMENT. VALIDATION. PROTECTION, ENFORCEMENT
ACTION OR OMISSION OF ANY PARTY. DECLARANT HEREBY SUGGESTS THAT
EACH OWNER UNDERSTAND THE LEGAL CONSEQUENCES OF ACCEPTING A DEED
TO A PARCEL EACH OWNER DOES HEREBY RELEASE, WAIVE, DISCHARGE,
COVENANT NOT TO SUE, ACQUIT. SA TISFY AND FOREVER DISCHARGE
DEVELOPER ITS OFFICERS, DIRECTORS. EMPLOYEES AND AGENTS AND ITS
AFFILIATES AND ASSIGNEES FROM ANY AND ALL LIABILITY, CLAIMS.
COUNTERCLAIMS. DEFENSES, ACTIONS, CAUSES OF ACTION, SUITES,
CONTROVERSIES. AGREEMENTS. PROMISES AND DEMANDS WHATSOEVER IN
LAW OR EQUITY WHICH AN OWNER MA Y HAVE IN THE FUTURE. OR WHICH ANY
PERSONAL REPRESENTATIVE, SUCCESSOR, HEIR OR ASSIGN OF OWNER
HEREAFTER CAN. SHALL OR MAY HA VE AGAINST DECLARANT. ITS OFFICERS.
DIRECTORS, EMPLOYEES. AND AGENTS AND ITS AFFILIATES AND ASSIGNS FOR
UPON OR BY REASON OF ANY MATTER. CAUSE OR THING WHATSOEVER
RESPECTING THIS DECLARATION, OR THE EXHIBITS HERETO THIS RELEASE AND
WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE
LAWS AND THE STATE OF FLORIDA.
13.18 No Rie:hts in Public: No Implied Easements. Nothmg contained m this
DeclaratIOn shall be construed as creatmg any nghts in the general publIc or as dedIcating for
publIc use any portIon of the Property No easements are granted or implied, except those
expressly set forth m thIS DeclaratIOn.
13.19 Term. The easements, covenants, condItIOns and restrIctIons contamed m this
Declaration shall be effectIve commencmg on the date of recordatIOn of thIS DeclaratIOn m the
Pubhc Records of PmeIlas County, Flonda. The covenants, condltion, and restnctIons (WIth the
exception of the easements, whIch are perpetual) shall remam m full force and effect for an
lllltIal term of thirty (30) years from such recordatIon, after which time such covenants,
condItIOns, and restrIctIOns WIll automatically be extended for succeSSlVe terms of ten (10) years
each, unless thIS DeclaratIOn IS terminated at the end of the mItral term or any succeSSIve term by
the wntten consent of all the then record Owners.
13.20 Covenants to Run with Land. It is mtended that thIS Declaration and each of the
easements, covenants, condItions, restrIctions, nghts and obhgatIOns set forth III thIS DeclaratIOn
shall run WIth the land and create equitable servItudes m favor of the Property benefited thereby,
shall bmd every person havmg any fee, leasehold or other mterest therem and shall mure to the
benefit of the respective partIes subJect to thIS Declaratron, and their successors, aSSIgns, heIrs,
and personal representatIves
13.21 Bankruptcy. In the event of any bankruptcy affectmg any Owner or any
permIttee, the partIes subJect to thIS Declaration agree that thIS DeclaratIon shall, to the
maXImum extent permitted by law, be conSIdered an agreement that runs with the land that IS not
rejectable, m whole or m part, by the bankruptcy.I
19
13.22 Exhibits. The followmg ExhIbIts are attached to thIS DeclaratIOn
ExhIbIt "A"
ExhIbIt "B"
ExhIbIt "c"
Property
SIte Plan
Parcels A and B legals and sketch
IN WITNESS WHEREOF, Declarant has executed and caus the recordatron of thIS
DeclaratIOn
WITNESSES:
'--
By'
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregomg mstrument was acknowledged before me thIsCJo1b day of jk.t&t6!:.~ ,
2007, by AbdI Boozar Jomehn, as Manager of P B P of Clearwater, LLC, a Flonda lImIted
lIabIlIty company He IS [ ] personally known to me [ ] or has produced a FIonda dnver's lIcense
as IdentIficatIOn
(No :('~" ':&Q9nna M. Reagan
;f{fi :C;~ CommiSSion # 00310817
~;" , .ul.~ Expires June 6, 2008
'')~?'; ~~" BondeHIO)' FIIln. inIUlInClI.1nc, llQG.386.1019
~~~
Prmted Name' !J()J'I1t#l.4 - '/L.b:4c: 1f;J
NOTARY PUBLIC
CommISSIOn No .
State of Flonda at Large
My CommISSIOn ExpIres
OtJ310fi/7
OtlNt.- t. dltJtJY
20
Joinder of Parcel A Owner
For Value Rece1ved, the receIpt and sufficiency of whIch IS hereby acknowledged the
UnderSIgned, Duncan Offices, LLC, the Owner of Parcel A, hereby Joms m the foregomg
DeclaratIOn and submIts Parcel A to the terms and condItIOns of saId Declaration for 1tself, Its
successors and assIgns and agrees to be bound by the DeclaratlOn.
inder thisdtJ-fh day of
STATE OF
COUNTY OF
r HEREBY CERTIFY that on thIS day personally appeared before me, an officer duly
authonzed to take acknowledgements, ABDr R BOOZAR-JOMEHRI as Managmg Member of
DUNCAN OFFICES, LLC, a Flonda hm1ted lIabIlIty company{'WliolSpersonarly known to .!!War
who has produced as identIficatIOn, and he 1S the person
descnbed m and who executed the foregoing DeclaratIOn and he acknowledged then and there
before me that he executed the same as such managmg member on behalf of saId lImIted liabIlIty
company for the purposes therem expressed; and that the said DeclaratlOn IS the act and deed of saId
lImIted lIabIlIty company
WITNESS my hand and offiCIal seal thISAJ-/1, day of H(JtJ t-'/ S ,- , 2007.
t
Nam~;;:/~
Notary Public
COlmmsslOn No f) /J '3 I () g / 7
My Commission expires &> b- f) r
.'l}~~lfo~~(;__ Donna M. Reagan
~~: - -A · ~~~ CommiSSIon # DD31 0817
~ii:~~: Expires June 6, 2008
'n.1r.\'- IloMtHrgy FIlI1 1muranc8, tnc. 1lQO.3Il!>-7019
21
MORTGAGEE CONSENT
Whitney National Bank, successor by merger to Madison Bank, the owner and holder of
that certam Mortgage recorded III Official Records Book 13688, Page 579, Asslgnment of Rents
recorded m OffiCIal Records Book 13688, Page 588 and UCC-I Fmancing Statement recorded III
OffiCIal Records Book 13688, Page 594, all of the Publrc Records of Pm ell as County, Flonda
hereby J oms m the forgomg DeclaratIOn, agrees and consents to the forgomg an d hereby
subordmates Its mterest, mortgage, aSSIgnment and financmg statement m the Property to the
forgomg DeclaratIOn
In Witness Whereof the parties have set theIr hands this 1 vtb day of f1.v.~ \-
2007
lIfto-, ~ 1\ - ~~:HTN~V ~TT~~L BANK,
PnntName: ~ll~ ~ ~~ ByJ:h...,l tJe-w-'
/~ /)/ Its: -Jp.
/// -- I //4/~1 {/7LA..~ -/L
fflntName: Dr..!'\\ to t e hu f" ( le:..
STATE OF PJ.bntO<~
COUNTY OF PJN~'IHj
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly
authonzed to take acknowledgements, Dnvl ~ FL)<tI.kJfu",." as
V P of WHITNEY NATIONAL BANK, a Flonda corporation,
who IS pe~onally known to 1!1~ or who has produced as
Identification, and he is the person descnbed in and who executed the foregomg Consent and he
acknowledged then and there before me that he executed the same as such office} on behalf of saId
corporatIOn for the purposes therein expressed; and that the said Consent IS the act and deed of said
corporatron
WITNESS my hand and officIal seal this 3 O~day of It z>.( ~J;-
~~
Name. R.... ~ .oDWP.~-':::---
Notary Pubhc
Conumssion No
My Commission expIres I J. J. v"l
, 2007
-
"""""" ROY C BOUsuAN
,...,,!,\~, "I.II/~ Ift"\ ~
. tJ3m~: Notary Publlc. State of Florida
4 ~~ . EMf Commission Ekplres Nov 1, 2009 ~
4 .....:,'i- ~ f~~~ CommISSion # DO 487361
""",...., Bonded By NabOna/ Notary Assn
-
22
AUi-ZO-OT 10 54
FrOlll-R GILKEY
+1274463141
1-019 P OZlOS F-27]
The North 34<2.0 feet of Tra.ct llAlI, a Replat of Block "DU of
Suburb Beautiful, as recorded In Plat Book 19, Pase lOa, of
the Public Records of P1nellas County, Plo~ida.
Less the North 150.0 feet of the West 150.0 feet thereof, and
also Less the South 60.0 feet of the: West 282.1<1 feet ther.::of.
I
EXHIBIT
It
f GENERAL NOTES.
t tMaNttJlA.ANQSt.tP( AAc.alt:CT
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E.lOf..~1A[A..
F PAIIIOC SPACES
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11 .IU. [Ir$1INC; SK>IACit -.uI( EltflOJQ.IT INTO COIlfIL.MCE .DI QJRf:IOtT COD(.
1IC:R( IS NO AQDI~ 5lOtAG( PROPOSED .111 'HS PROJr:iCf
~ ;;':-ci.-si u1lullC WUSl II( _ N.Il ~ _ :.:_
-- CIIQJICl lml1ID (oo-SlIt WST IE ........ ISSUED FOR PERYIT'llNG ONI.Y
- I88l.E ~lE.Il7.2$./lII
N 89'56 12' Ell') 281 74 (1.1)
(g) N 90"0000. E(O) 281 98'(0)
A S 023000. E(l') 342 33 (M)
'b' S 02 30'00' E(D) 34233'(0)
o N 89'58 SO" E(l.I) 149 95 (l.I)
N 90"0000. E(D) 149 73'(0)
r:lI N 02'5' 47" W(l.I) 60 09'(Y)
~ N 02"30 00" W(D) 6006(0)
o S 89'553.3" E(l.I) 282 17'(l.I)
N 90"00 00' E(D) 282.39 (D)
r.!. S 02 35'28" ElM) 131 76 (loll
"='l' S 02'3000" E D) 13213'(0
II""!. N 89'57'09" W(1ol) 150 19'('-1)
~ N 90"00'00" E(D) 150 14'(0)
.n.. N 02"25'56" w(ll) 149 95'(1.1)
't:5J' N 02"30'00" w(D) 1 SO 14'(0)
---]-=~
IIIJ cu--.-. ...u.. 1ID
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6. UteACXS.
25 tItO'IT
1l9" TO EXIS1WtC P....'.omrtT CJrICRT't'I)
81 en: to ~1>>U: El.DC.. ~'""')
'lG.1'l: TO EVS-fDIoC PA~T ([AST)
11.11 TO [JDS'TtNC BLOC.- (EASfJ
:1U TO "L>(MOlT (oat)
lL7! TO EIl.DC.. ('CST]
15 &a to P"~T (lIlCJO"'"
17 I! TO 8l.DG. (NORDI"
29" TO [>>SlltfCi; Sl..DC.- 15.::).. r..t}
1lO' TO E:rnTD+C PA'iOfDIw ~SOJ'noll
:5 '0 10 PROPOSEO BLOC.. ($OJ111}
.1T TO EJOS-...c p.'vIQI~- {WES'l')
.. -AU. 015n..R8ED (iR.&:SS ....... JlQiT-cF-WAY 1IWJ. . SQDO[D.
.. AU. UI'iIUSI]) l::JIIW:WA'I'S lUST IE IiI:DIC'C AN]. RO\.ACUI _1M QJR8
SlOE_AU<. _ ~ TO "Ll'CH ~ COO1lI:lN5
'Ie. ~TuRE AF'PORS TO BE .. nOCl] lCIC( Y
"CCCRtIWCi YO 'notE. Fl..0CI) 1ofSURAtfC[ RA 1[ MAP CQMJNITY
PAND. N\.IUSER l,;nOJCCnOlll N ~AP REVtSIlJ GAlt IllIAl' 17 1'005.
PROWXD- IT nc 'lOOl'.&l ~ WANAGiDIIOf1 -"ZNCT
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Jan 12 07 01:04p
Geodata Serv 1 ces, I nc
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W.O 3421.3 SECTION 14, TWP. 29 S, RGE. 15 E
SKETCH-OF- LEGAL PINELLAS COUNTY, FLORIDA
L 100' R/W
_ _ _ _ GULF JO Bt- Y BQULE'{ARD - -r--
ii I NORTH'M:ST CORNER T
iil OF' TRACT NA"
~~ \ POC WEST(P) 432.12'(P) I
~ ~ WEST z N 90-00 00 E 281 98' \
~~ r4'\ VI ~-150 0' .' 0 ~
~i:!! ON~ .'t--~\) 1'0]-' ,,0 U'lt-.:l I :t:
~ -c; 1'0] ~ 0 c," \)\J I ~ ~ .. ~ x.,\J :tI 0 t... \ '" Ii:
~... t..l C!.~ .(~\\~\c..v...z <:!.... ~....C'\G\ \:P -I ~ q, ..., i'i!
-<; ~ I 0 o.fa. '0'< \'" oCJ10 O~ r..v::r: U ;"; ...
'" _ 0'" :tI O' ~ \~ 0 ~
~a \ ..., . '" q:2' :\ u 6 -Lrl '"
"tl "l ..., ::IE ~O it 0 ","
~~ POS 15014' 8801' \... ~q O~ ~ \~
~~~\ z N 90-00'00 E 23815 <(~~C~ ~~\J~~~Gx.~ Ie
~ ~ 0 ~~~:\ ~ ~
~, 0 N-> PARCEL A (f~x.~ \0 (Jl
g c\ ~~ ~"I'" (/)0
... z o'~ TRACT "A" c..I'
() \ ot::. Z ~ I ):> :;0
(Jl~ q- u \~~
0'2\ lJ.!. <
:;:0 )> \ N 90-00 00 1 rl
~ <. SOUTHERLY BOUNOARY OF PARENT PARCEL o. \2
rTI1 WEST 282.12' ::1E. uo r1'l
~t! _______------~~----u--- s 9~5~o~ooq. w ~ 11
-::a o~ TRACT" A" .-:;
~ NOT INCLUDED ~
I I
LJ-- EAS~(~__-~-~3:12'(P) __L
: I CENTRAL BOULEVARD 1-
60' R/W
DESCRIPTION ON SHEET 2
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JSB
DRAWN BY
GEODATA SERVICES INC.
1822 DREW ST. SUITE 8
CLEARWA TER, FL 33765
PHONE: (727) 447-1763
LB 7466
DATE January 11.2007
CHECKCO BY
';08 NO
..
6
"
'"
; SHEET
o
a
of
2
1
NOTE THAT THIS DR "WING tJAY t-lAvE BEEN ALTERED IN SIZE BY RtPRODucnoN
Exhibit C
Page I of 4
Jan 12 07 OI:OSp
Geodata Servlces, Ino
727446'4-364
P 3
W O. 3421 3 SECTION 14, TWP, 29 S I RGE. 15 E
SKETCH-OF- LEGAL PINELLAS COUNTY, FLORIDA
DESCRIPTION (PARCEL A)
A portion of the following described porel'lt parcel
The North 3420 feet of TRACT "A", 0 REPLAT OF BLOCK 'D" of SUBURB BEAUTIFUL,
os recorded ,n Plot Book 19 poqe 100, of the PubliC Records of Plnellos County.
flOrida
LESS the North 1500 feet of the West 1500 feet thereof, ANO ALSO LESS the South
600 feel of the West 2B212 feet thereol
8elng mar" particularly described os follows
E
"
N
n
'"
Commence at the Northwest comer of SOld TRACT "A., thence olong the westerly hne
or SOld TRACT "A", S 02'30'00. E. 0 distance of 15014 feet to the POINT OF
BEGINNING, thence deporting SOld westerly line, N 90'00'00' Eo 0 distance of 23815
feet thence S 0230 DO" E, 0 distance of 132 13 feet to 0 pomt on the Southerly
boundory of the obove desCribed poront parcel, thence 0101'19 SOld Southerly boundary,
S 90"00'00" W, 0 distance of 2:5815 feet to 0 pOint on the westerly boundary of the
obove deSCribed porent parcel, 0150 being 0 point on the westerly 1,"0 of SOld TRACT
. A", thence along SOld westerly hne, N 0230'00" W, 0 distance of 132 13 feel bock
to the POINl OF BEGINNING
8
N
S'
Contolnlng 0 722 acres more or less
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SURVEYOR'S CERTlFlCA TION'
I, DENNIS J EYRE. '!HE SURVEYOR IN RESPONSIBLE CHARGE, HEREBY CERllFY lHA T
THE SURVEY REPRESE:NlEO HEREON IINO THAT sAID ABOVE GROUND SURVEY AND SKElCH
ARE ACCURATE TO THE BEST OF MY KNOI'ILEDGE AND BElIEF I I'URTH[R CERTIFy
THAT 11'15 SURVEY MEElS THE MINIMUM TECHNICAL STANDARDS IN stenOH 472 027
FLORIOA STAlIJTES (OR RULE CHAP1ER 61(;17--5 ,F A C) SURVEY NOT VALia
UNLESS SE"LED WI TH AN EI.4BOSSEO SEAL.
ORAIfN BY J S 8
DATE: January 11, 2007
CHECKCO BY
JOB NO
GEODATA SERVICES INC.
1822 DREW ST. SUITE 8
CLEARWA TER, FL 33765
PHONE' (727) 447-1763
LB 7466
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NOTE niAT nilS DRA'MNG MAY HAVE BEEN AL1ERED IH SIZE BY REPRODUCTION
Exhibit C
Page Z of 4
Jan Ie UI Ul u::'F
W.O. 3421 4 SECTION 14, TWP. 29 S., RGE. 15 E
SKETCH-OF-LEGAL PINELLAS COUNTY, FLORIDA
NORTHEAST CORNER
L 100' R/W OF TRACT "A"
__ __QULF _TO E!AY ~OUL~VARQ t
~ I NORTHWEST CORNER NOR'f/-IERLY LINE OF TRACT "A- -y- T
~ OF TRACT ';.I. "".
~~ \ POC WEST(P) ,,432.12'(P)' I
~ ~ UI WEST N 90 00 00 E 281 98 \
~Vi r<n U) -150.0'
d;J I 0 ..... .' ,.:' ...... WESTFRL Y BOUNDARY Z UI
~r- 0 ~(J1 -< r<,"\~O .Ol OF PARENT PARca 0
:l> -.; N VI 0 ....c, \ \ 0'v I VlLJ ::0 0 I
:tI r- U 0.:.... ~~r ~C'v.....z _..... -I N
"'" ~ 1 0 0 ~ -< '\ OlD 0 ~ PARCEL B:I: vi
"i - 0 . 0 \ O:;u o' 0
~ \ 1'1 . ~ 0-1' (H' ..4"1
~ -:I: "'" 0 I '"
~ l"'1 15014' 8801' N 0 \
~ ~ N 90'00'00" E PO B S 90'00'00" W C!. !"'I ~
~A~ I l"1A,
"'1~ 1\" z 23815'" ~ Z TRACT "A" ~ C
~ ~ 0 '\ ~x,'V 0 I PI I ~
~, 0 N..... ~"l-vc,\...\J O~).....N 4397' "'" \0
~ C 1';~ "':\ \~ ~Ox,~'?-r:J...\... ~U S 90'00'00" W t::: (f)~-
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'Zr <S90'OO'OO"W 23815,::E viP -~ <
;0 \ N 90'0000 E 28212 o.g ~ I [Tl
';? )> SOUTHERL Y BOUNDARY a PARENT PARCEL q - .,: \ z
~1' ~ m~"-T_~~:~~_~g_______ "~s ~g~g.O W ! tl ~
[T1 ..-:: o~ TRACT "A" ..-::
~ NOT INCLUDED .3
SOUTHERLY BOUNDARY OF PARENT PARCEL
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-i-- EA":(~ENTRAL -BOU[EV:~.~2'(P)y'__L
60' R/W
DESCRIPTION ON SHEET 2
Geodata ~erVlces, lnc
7274464364
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DRArtN BY.
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GEODATA SERVICES INC.
1822 DREW ST SUITE 8
CLEARWA TER, FL 33765
PHONE (727) 447-1763
LB 7466
DArt January 1', 2007
CHECKED BY
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NOTE 1HAT THIS DRAYwlNG MA'" HAIlE 8EEN AlTERED IN SIZE lIY REPROOUC110t.l
Exhibit C
Page 3 of 4
Jan 12 07 01 05p
Geodata ServIces, Inc.
7274464364
P 5
15 E
FLORIDA
W,O, 3421 4 SECTION 14, TWP. 29 S, RGE.
SKETCH-OF- LEGAL PINELLAS COUNTY,
DESCRIPTION (PARCEL B)
A portion 01 Ihe folloWll1g described parent parcel
The NorUv.3420 feet of TRACT "A" a REPlAT OF BLOCK "0" of SU6URB BEAUTIFUL, as
recorded In Plot Book 19, poge 100, of the Public Records of P,n.llas County FlOrida
LESS the North 1500 leet of the West 1500 feet thereof AND ALSO LESS the South 600
feet of the West 28212 reet thereof
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Being more parltcuJorly described os follows
Commence at the Northwest carner of sOld TRACT "A" thence along Ihe westerly line of
said TRACT "A", S 02'30'00" E. a distance of 15014 feet, thence deporting sOld westerly
lone. N 9000'00" E, 0 dlstonce 01 15014 feet to the POINT OF BEGINNING, thence along
the westerly boundory of the obOlle described porent parcel, N 023000. W. 0 dlstonce of
15014 feet to 0 pOint on the northerly line of sOld TRACT "A', thence 010n9 said norlherly
line, N 9000'00" E, for 0 distance of 281 98 feet to the Northeast corner of sOld TRACT
"A", thence along the easterly hne of sOld TRACT "A", S 02'3000" .E, a distance of 34233
feet to a -pOInt On the southerly boundary of the obo"e described parent parcel, thence
along SOld southerly boundory the follOWing three (3) courses, (1) S 90'00'00" W , 5000
feet (2) N 02'30'00. W, 6006 feet (3) S 9000'00" W 4397 feet, thence deportll'\9 said
southerly boundary, N 02'30'00. W, 0 distance of 132 , 3 feel, th ence S 9000'00. W, 0
distance of BB 01 feet bock to (he POINT OF BEGINNING
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ConlOlnmg 1 765 acres more or less
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SURVEYOR'S CERTlFICA llON'
I DENNIS J E'!'lIE 1HE SURVEYOR IN RESPONSIBLE cHARGE, HEREBY CER'f11'Y ~AT
mE SIJRVEY REPRESENTED HEREON AND 1MA T S.t.lD ABOVE GROIJND SURVEY AND SKETCH
ARE AceURAIE TO TrlE eEST Of MY KNOv.tEDGE AND BELIEf I FURTHER CERTIfY
THAT rnls SURVEY MEETS TrlE MINIMUM TECHNICAL STANDARDS IN SECTION 472 027
fLORIDA STATUTES (OR RULE CHAPTER 61C'I7--5 ,F A C) SURVEY NOT VALID
UNLESS SEALED l'.lTH AN EMBOSSED SEAL.
ORA WN BY J S B
DAre January 1', 2007 GEODATA SERVICES INC.
CHECKEO BY 1822 DREW ST, SUITE 8
J08 NO CLEARWA TER. FL 33765
SHEeT 2 OF 2 PHONE (727) 447-1763
LB 7466
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NOTE THAT THIS DRAWING ....AV HA~ eEEN ALTERED IN SIZE BY REPROOUCTlON
Exhibit C
Page 4 of 4