FLS2002-12084
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUIlDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
, TELEPHONE (727) 562-4567 FAX (727) 562-4865
PlANNING DEPARTMENT
January 24.2003
Mr. AntOnIO CaggIano
PO. Box 3221
Clearwater, Flonda 33767
RE. Development Order regardmg case FLS2002-12084 at 483 Mandalay Avenue (Unit 113)
Dear Mr. CaggIano.
This letter constItutes a Development Order pursuant to SectiOn 4-202.E of the Commumty
Development Code. On January 16. 2003, the Development RevIew COImmttee (DRC)
reviewed your application for Flexible Standard Development approval to permIt a restaurant
(with an outdoor cafe) and alcoholic beverage sales wIthin the Tounst District utIhzmg shared.
eXIsting or planned and cormmtted parkmg faClhtles within 1.000 feet of the subject site under
the provISIons of Section 2-802 A and N and the Retail and Restaurant Dlstnct of Beach by
Deslgn The proposal includes a 900 square foot restaurant located wIthm an existmg 38.000
square foot shoppmg center. WIth an outdoor cafe (outdoor seatmg area). The DRC
recommended approval of the apphcation wIth the followmg bases and condItions:
Bases for Approval'
1 The proposal comphes wIth the restaurant critena of Section 2-802.A and N,
2. The plan comphes wIth General ApplIcabihty Cntena under the provisiOns of Section 3-913;
3, The proposed development is compatible with the surrounding area.
4. Adequate parkmg for thIS restaurant WIll be aVailable on-SIte or wIthm close proxImIty to the
sub] ect property, and
5 The proposal is in complIance with the Retail and Restaurant DIstrict as outlined in Beach by
Deslgn.
Conditions of Approval'
1. That the outdoor seatmg area not exceed 225 square feet m area,
2. That the perimeter of the outdoor seatmg area be clearly demarcated usmg nonpermanent
fixtures (such as raIlmgs, potted plants. decorative chams or other fixtures). WIth approval
by the Plannmg staff. or permanent railIngs or fixtures anchored to the concrete patio.
prOVIded a bUIldmg permit IS obtained (WIth final mspectiOns);
BRIAN J AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * Blll]ONSON, COMMISSIONER
"EQUAl EMPI OYMFNT AND AFFIRMATIVE ACTION EMPIOYFR"
"
..
January 24, 2003
CaggIano - Page 2
3. That tables, chaIrs, umbrellas and any other fixtures used m conjUnctIon WIth the outdoor
cafe be mamtamed in a clean and attractive appearance, be In good repair at all times and
contam no advertising;
4 That all nonpermanent fixtures, mc1uding tables and chaIrs, be removed from the outdoor
cafe area in the event of extreme weather;
5. That the outdoor cafe area, mcludmg a pE'pmeter of five feet around the designated cafe
area, be mamtamed m a neat ~md orderl, appearance at all times and be cleared of all
debris penodIcally dunng the ct" / and at t I ~ close of each bUSIness day;
6 That on~sIte consumption of lcoholic 'Jcverages be restncted to only the enclosed
building unit and signage be installed a J maintamed by the business owner informmg
customers of such restriction;
7. That a maximum of 50% of tl _ total l' \)or ar.ea of the shoppIng center be utilIzed for
mghtclub (bar) or restaurant uses
8. That the revenue denved from t ~ on- ,0 consumptIon of alcoholic beverages be less
than 50% of the total revenue (\ _llVed 1, ,m the sale of food and alcoholic beverages for
on-site consumptIon; and
9. That all sIgnage meet the reqUlll"nents ....1 Code and be designed according to a common
theme, mcludmg simIlar style, L vlor, m. : _nal and other characteristIcs to prOVIde a sense
ofunifonlllty at this shoppIng cLllter
I concur WIth the findmgs of the DGvelopme! I Review CommIttee and, through thIS letter,
approve your applicatlOn for FleXIble Standard Development. The approval IS based on, and
must adhere to, the sIte plan and apphutlon date,- December 24, 2002.
Pursuant to Section 4~303, an applicahon for a buildmg permIt shall be made Within one year of
FleXible Standard Development appruval (January 24, 2004). All reqUIred certIficates of
occupancy shall be obtained WIthin one year oftl1c date of issuance of the building penmt TIme
frames do not change with succeSSIve owners.
The issuance of thIS Development Order does 110t relIeve you of the neceSSIty to obtain any
bUIlding permits or pay any impact fees that may be reqUIred In order to facilitate the Issuance
of any perrmt or lIcense affected by thIS approval, please bnng a copy of thIS letter with you when
applymg for any permits or lIcenses that reqUIre this pnor development approval.
If you have any questions, please do not hesitate to call Wayne M. Wells, AlCP, Semor Planner
at 727-562-4504. You can access zomng Information for parcels wIthm the CIty through our
website. www.c1earwater~fl.com
~~
Cynthia H Tarapam, AICP
Planning Director
IIMS5clPDSIPlannmg DepartmentlC D B\Standard FlexlInactlve or Flmshed CaseslMandalay 483 Caggwno restaurant Umt 113 -
ApprovedlMandalay 483 Unit 113 Development Order doc
>.
NICKOLAS C
~MI~
ATTORNEYS' AT . LAW
791 Bayway Boulevard
Clearwater
May 9,2003
Florida
VIA HAND DELIVERY
33767-2610
727 447 1075 Voice
Mr. Kevm Garriott
CIty of Clearwater
Planmng and Development ServIces
100 South Myrtle Avenue
Clearwater, Florida 33756
727447 1035 Fax
www Eko-Law.com
Re'
Pehcan Walk Shopping Center
Dear Mr Gamott:
ThIS w1l1 confirm the undersigned represents B J E., Inc , the
owner of the Pehcan Walk Shoppmg Center where Outback Steakhouse IS
located ThIS Will also confirm that BJ.E., Inc., w1l1 restnpe the parkmg
lot and mclude reqUlslte handIcap parking spaces per code closest to the
pedestnan access pomts ofthe Pehcan Walk Shoppmg Center before June
20,2003
Finally, thiS WIll confirm that BJ.E" Inc" Will ensure eXlstmg
landscapmg is mamtamed and replaced per code reqUlrements before June
20,2003
If you have any questions, please do not heSitate to contact the
undersigned, Thank you
Very truly yours,
N;;?EA~ EKONQ
/(iL-
Nickolas C. Ekonomldes
NCE/PJc
cc. B J.E , Inc.
McMahan, Janet
From
Sent.
To'
Subject:
Kurleman, Scott
Friday, May 16, 2003 4 32 PM
McMahan, Janet
RE OUTBACK @ 483 Mandalay Ave, BCP2002-09415
no they have not requested an Inspection nor do I think they have planted the landscape
-----Onglnal Message-nn
From: McMahan, Janet
Sent: Fnday, May 16, 2003 2 39 PM
To' Kurleman, Scott
Subject: OUTBACK @ 483 Mandalay Ave, BCP2002-09415
Scott, Just trying to tie-up a few loose ends Is the landscaping OK? There was a Temp CIO Issued and one of the
conditions was landscaping
I'm gOing to Issue the CO Thanks, Janet
1
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BILL OF SALE AND ASSIGNMENTS
NOW ALL MEN BY THESE PRESENTS that, effectIve the 8th day of September. 200l
KARLEX, INC., a Florida corporatIOn. heremafter referred to as "Seller," for good and
valuable consIderation, the receIpt of \\hlCh IS hereby acknowledged. to Seller In hand pajd by
ELIZABETH CHARLES, INC., a Flonda corporation, heremafter referred to as "Buyer," as
granted, bargamed, sold~ tran<;ferred, aSSigned and deltvered, and by these presents doe<; grant.
bargam. sell, transfer, assign and delIver unto Buyel. Buyer's successors and assIgns. the
follo\Vlng personal property as outlined 111 EXHIBIT "A" attached hereto and by reference made
a part hereof
TO HAVE AND TOLD the same unto Buyer. Buyer's successors and aSSIgns, forever
AND SELLER does, for Seller and Seller's heIrs and personal representatives, covenant
to and WIth Buyer. Buyer's successors and aSSIgns, that Seller IS the lawful owner of said goods
and chattels, that they are free from encumbrances except as set forth above, that Seller has good
nght to sell the same, and that Seller WIll warrant and defend the sale hereby made agamst the
lawful claIms and demands of all persons whomsoever
IN WITNESS WHEREOF. Seller has hereunto set hIS hand and seal effectIve the day and
year above set forth
SELLER'
KARLEX, INC.
KiD, Cnst, VIce-Pre nt
16008 Wilmmgton Place
Tampa, FlOrIda 33647
(813) 431-0044
Printed Name' I~ OI(~,v"'L'-
by
~ ~~~_02:~ ~
PLANNING & DEVElOPMENT SVCS
CITY OF CLEARWATER
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.'
A
U S DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
SETTLEMENT STATEMENT
C NOTE
OMS NO 2502-0265 ~
9 TYPE OF LOAN
3 DCONV UNINS 4 OVA
17 LOAN N~MBER.
1 OFHA 2 OFmHA
6 FILE NUMBER
JE~F
8 MORTGAGE INS CASE NUMBER
5 OCONV INS
D NAME AND ADORESS Of BORROWER
Thill fol1'l/$ fvm/$hf;!d to give you 8 st"tement of actual sell/limen! co.ts Amount. p;tld /0 and by the feU/ement agent el'/l shown
lIern' marked "[POCj"WfJfFI paid ou/slde the .Iosmg, they 8/S shown he/ll for Informallonal purposes Elfld ani not mcluded In Ihs lotals
10 3/98 '''''JHFf.l!)
F NAME AND ADDRESS OF LENDER
Ellzabelh C~at1e. Inc
1010 Bar1<"ood Ct
Safety HlIfbor FI 34695
E NAME AND ADDRESS OF SELlEfi
Karlex, Inc
16008 Wilmington Place
Tampa FI 33647
G PROPERTY LOCATION
463 Mandalay Avenue Suite 114
CI68rwater FL 34695
P,nellas Counly
H SETTLEMENT AGENT
Lasman Law Firm, P A
September 8, 2003
I SETTLEMENT DATE
PLACE OF SETTLEMENT
115 Proylde/lC<l Road
Elra/ldon Flonda J3511
1--_ AdJuslmenls For l/ems Paid 8y Sillier In ad'>ano"
106 CI~iTown Tax&s 10 --r-=+
107 CounlvTa~es 10
100 Assessments 09109103 to 09130/03 1 51663
100 I
110 Lease CredllTo Seller I
~!l5e D~osll To Soller __ I
112 I
120 GROSS AMOUNT DUE FROM BORROWER i
~OUHTS PAID BY OR IH BEliALF OF BORROWER
201 DepOSIt or "amest mo~ i
~_r1nClP81 Amount of New Loan(~) I
2Q~ E~lsUng loan(s) takan subject 10 ____ ---+---.
~----- -t-
~L_____ L___~
~__~_ I __
~7 I
~----------- I
209
J SUMMARY OF BORROWER'S TRANSACTION
100 GROSSAMOUNTDUEfROMBORRO~R
101 ~nlract Sales Pllca
~~n;oIl51 PIlJ~
103 Settiement Charnes 10 Borrower/lIne 14001
104
105
Adjustments For Item. Ullpald By Sellsr
CI~fT~Ta~s 10
Counlll Taxes to
Assessments to
75 OQ() 00
2 206 88
2,20000
81 77351
7,50000
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--1--====
210
211
212
213
214
215
216
2rr--
218
219
220 TOTAL PAID BYlrOR BORROWER
~9A$H AI SETTLEMENT FROMftO B~ROWER
301 Gross Amoonl Due From Borrower7Une 1201
302 l es. Amount Paid BvlFor Borrower (Line 2201
JOJ CASH ( ;( FROM) ( TO) BORROWER
-.
I
1- --
i --
I
7 500 00
I(
81,77351
7,50000)
7427351
85000
400
401
402
403
404
405
K SUMMARY OF SELLER'S TRANSACTION
GROSS AMOUNT DVE TO SELLER
ConlrllCt Sele. Pnce -- ---rsOOO 00
P"reoll,,1 Property
---
Adiustlrnlllls For Items Pa,d 8v Seller In edvencs
406 CltviT own Taxes _ to
407 Counlv Ta~es 10
408 Assessments 09/0g103 to 09130103
40B
410 Lease Credit To Seller
411 Lease O.;oosllTo Seller
412
420 GROSS AMOUNT DUE TO SELLER
$00 REDUCTIONS IN AMOUNT DUE TO SELLER
501 E~ceS5 Deposit (See Inslfucbons)
502 Seltlement Ch.!!faes to SelleiTllne 1400l
503 ExJsllna loaniSl taken sub.8ct 10
504 Pavni/ of first MortaBlle
I 50S Pavolf of second ~rtoeOe
'jOB
507 menoslt dlsb as nroceeds)
508
~.
--
--
1 SlB 63
2 206 l>B
2,200 00
80923 51
r--
I 1 87350
-~
Ad'uslmenls For Items Unoald Bv Selle/
CliVrTown Taxes to
COUIlIv Taxes ro
Assessments to
510
511
512
513
514
515
516
517
518
519
520 TOTAL RCDUCTlpN AMOUNT DUJi SeLLER
600 CASH AT SETTLEMENT TOIFROM SELLER
SOl Gross Amount Due To Sellei7Llne 4201
602 Less Reducbons Due Sa/ler (Line 520l
1-----
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1 873 50
I
I(
ao 823 51
1 873 50
79,050 01
603 CASH I X TO)( FROM) SELLER
The undersigned hel't'by acknowledge re~lpt of a complete<! copy of pages 1 &2 of thiS stetem!>n! So any attachments ref!>rred 10 herem
~;:;:~), ~ ~
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Borrower // /' -' ?!:^r Seller)!;v... \
Chanes no Raflex c
eest CopY
Available
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FOOD SAFETY INSPECTION REPORT
F,S. chapter 500
(850) 488-3951
Firm Number
Ffrm Name
Date of ViSit
66840221313667
SERIOUS COOKIE CLEARWATER BEACH
October 23, 2003
Print Date
October 23, 2003
Firm Location Address 483 MANOALAV AVE STE 114 CLEARWATER BEACH, FL 33767
FIrm Mailing Address 1010 BARKWOOD CT SAFETY HARBOR, FL 34695
Firm Type/Descnptlon 135 / SPECIAL TV FOOD SHOPS
Firm OWner ELIZABETH CHARLES INC DBA SERIOUS COOKIE CLEARWATOwner Code
OVERALL RATING -
FAIR
On October 23, 2003, SERIOUS COOKIE CLEARWATER BEACH was Inspected by CHRISTINE HUNT, a representattve of the FlOrida
Department of Agnculture and Consumer Services and the Overall Sanltatton Rattng was FAIR
PERMIT APPLICATION INFORMATION
Permit appllcatton was found to con tam information which was deemed to be Incorrect or Incomplete by the Inspector or the person
In charge A Permit Application was left so that management could verify the eXlsbng informabon, sign and resubmIt Send
completed and/or corrected Permit Application to
Flonda Department of Agnculture and Consumer SelVlces
Atten Records Section
3125 Conner Boulevard #G-26
Tallahassee, FI 32399-1650
FIELD reSTS
fOJ ~@~otC ~ rTIl
ill] NOn - 2C:3 lliJ
CERTIFIED FOOD MANAGER
LABELING
LOTS EXAMINED FOR INFESTATION
TEMPERATURE-COLD
The following field tests were conducted .....th tile results as Indicated
# Tests lfIegal
1 1
2 0
2 0
3 0
PLANNING & DEVELOPM NT SVCS
CITY OF CLEARWA' ER
7he folio vIolations were noted
BACK ROOM AND RELATED AREAS
o Food employee observed and/or there IS eVIdence of washing utenSIls or eqUipment In a handwash Sink ICE CREAM LIDS
/ STORED IN HANDWASH SINK N';~'(
,- / Warewashlng equIpment IS not marntarned clean and In good repair NOT SEALED TO WALJ. t;/,{(,(J
Il" Sanitizer concentration test kits not available
:7 Food contact surfaces of equipment or urenslls are not free of son, oily residue or encrusted food partIcles FOOD PARTICLES
BOTTOM OF FREEZER CASE (?I'-. ~-kJ \ dl-l~~
Non food contact surfaces of equipment or utensils are not free of soil, ally residue or encrusted food particles DUST
/' BUILDUP ON PIPES BELOW 3 PART SINK ~
~ ,/ Doors that open to the outSide are not self-closrng or tight fitting GAP BOTTOM OF BACK DOOR {-. 'oI:.e,jI
~ / WaUs, oed"OS, _hed eq~pmlm a~ I'ot kept "'"" ""d free ,t "',... ore.., ., d...t a,romulation BROWN RESIDUE ON
, WAll BROW 3 PART SINK 1fLlA(
/ f PROCESSING AREA
~ Food contact surfaces of equipment or utensils are not free of soil, Oily reSidue or encrusted food particles ENCRUSTED
FOOD INSIDE BOTTOM OF PREP COOLER (..reM-i)
Non food contact surfaces of equipment or utenSils are not free of SOIl, oily reSidue or encrusted food particles DUST
BUILDUP INSIDE CANDY CABINETS ~~
DACS 3205 Rev 9196
VIOLATIONS
(0' Indicates a cntlcal Violation.