NEW PLAN EXCEL REALTY TRUST INC (2)
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02-~~44 SPT- 18-2002 4: 20IDM
PIN~S CO 8K 12227 PO 2424
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THIS DEED IS BEING RE-RECORDED TO CORRECT
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BOOK DESCRIBED IN EXHIBI~
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------.This instrument was prepared by
---------and return to:
:--=-~-LE. D. Armstrong III, Esquire
--/---Johnson, Blakely, Pope. Bokor.
--.----'--Ruppel & Burns, P.A.
P. O. Box 1368
Clearwater, FL 33757-1368
SPECIAL WARRANTY DEED
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PINELLAS COUNTY~ FLORIDA
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51 DED-CITY CLEARWA :/NEW PLAN
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02-340182 SPT~l 02 3.. '11
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THIS INDENTURE made this ~~~ L./ ,2002, between CITY OF
CLEARWATER, FLORIDA, a municipal corporation, ("Grantor"), whose post office
address is P. O. Box 4748, Clearwater, FL 33758-4748, and NEW PLAN EXCEL
REALTY TRUST, INC., a Maryland corporation ("Grantee"), whose post office address
is 1120 Avenue of the Americas, New York, NY 10036.
WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised,
released, conveyed and confirmed, and by these presents doth grant, bargain, sell,
alien, remise, release, convey and confirm unto the said Grantee, and its successors
and assigns forever, the following described land lying and being in the County of
Pinellas, State of Florida, more particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein.
TOGETHER with all the tenements, hereditaments and appurtenances, with
every privilege, right, title, interest and estate, reversion, remainder and easement
thereto belonging or in anywise appertaining (all of the foregoing together with the
Exhibit "A" land are hereinafter collectively referred to as the "Property").
SUBJECT TO the matters set forth on Exhibit "B" attached hereto and
incorporated herein.
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-\~LA~F"LA
orF".REC~~
The aforedescribed
17/29/16/03006/000/0100.
PINELLAS COUNTY F"LA
OF"F".REC,8K 12227 PG 2425
property is a portion of tax parcel number
The tax identification number for the Grantee is
TO HAVE AND TO HOLD the same in fee simple forever.
And the said Grantor does hereby fully warrant the title to said Property, and will
defend the same against the lawful claims of all persons claiming by, through or under
the Grantor, but against none other.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be
signed the day and year above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA,
a ~ corporation
By .~, a.~ J:I:
William B. Horne II, City Manager
Attest:
C,~~Z. ~
CY~ia E. Goudeau, City Clerk
STATE OF FLORIDA
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this c::< CJuf L.J- ,
2002, by William B. Horne II, as City Manager of the CITY OF CLE~R, a
municipal corporation, on behalf of the corporation. He [is personally known to me]
[has produced ---.j s identification].
L)J~0
W,'/-soJ
,
ota~Public .
Print [Jl2-tJ LS -G A .
name:
""~-:;.tf~:;;,, Denise A Wilson
M .. . =:~7"Ji.';'~;1 MY COMMISSION # CC914107 EXPIRES
Y COmmiSSiOn explreS;~:,~'i>f June 18, 2004
....~(9.~lfr~~..~ BONDED THRU TROY FAJN INSURANCE.INC.
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STATE OF FLORIDA
PINELLAS COUNTY rLA.
OFF .R~C.8K 12227 PG 2428
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this .~ 1\ <-~,
2002, by Brian J. Aungst, as Mayor-Commissioner of the CITY OF CLE RWA ER, a
municipal corporation, on behalf of the corporation. He [is personally known to me]
[has produced as ide~tificatio~ .
YJe)0~{)U .LJ ~V
NotaQ Public '. ')
Print j)eDj'~01J. W, Is Cf--.-
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name:
My commission expires:
""'~"~"'" Denise A. Wilson
i:1A>!''''!;'f;~ MY COMMISSION I CC914\07 EXPIRES
~ : .:~= June \ e. 2004
~:;;:.i"'-';'~i' I\QNCEC THRU TROV FPIIN INIiUIlANCE,INC.
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08/09/944:33 PM d-1
33638.103553
#269465 v1
KARLEEN F. DE BLAKER, ClERK OF COURT
PlNELLAS COUNTY, FLORIDA
5C191771 09-18-2002 1&:21:24 JTF
51 DED-RE -REC l6I PLAN EXCR
006807
1U:02347&44 BK:12227 SPG:2424 EPG:2428
RECORDING 005 PAGES 1 $24.00
TOTAL: $24.0.0
CHECK AMI. TENDERED: $24.00
CHANGE: $.00
BY ___ DEPUTY CLERK
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'::.._P INE~L~.
~r,RE~K 1221, I ~ 923
PINELLAS COUNTY rLA.
Orr,REC,8K 12227 PG 2427
A portion of Lots 3 and 8, CLEARWATER MALL, according to the plat the;eof as recorded in Plat Book
125, pages a~, public records of Pinetlas County, Rorida, described as follows:
21-29,
A parcel of land being a portion of Lot 1, A RE5UB OF BASKIN'S REPLAT, as recorded in Plat Book 24,
page 42, Public Records of Pinetlas County, Florida, together with a portion of the Southwest 1/4 of
Section 17, Township 29 South, Range 16 East, Pinetlas County, Rorida, being more particularly
described as follows:
e.:
EXHIBIT "A"
Commence at the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 17, Township
29 South, Range 16 East, Pinetlas County, Rorida; thence Norm 89 deg. 46'01" East along the East-West
centerline of said Section 17, for 415.00 feet to the point of intersection with the Northerly extension of
the West line of Lot 1, A RESUB OF BASKIN'S REPLAT, as ie(orded in Plat Book 24, page 42, Public
Records of Pinetlas County, Rorida; thence leaving said Easc-We....c:t centerline of Section 17, South 00 deg.
21'26" West along said Northerly extension of the West line of Lot 1 and the West line of said Lot 1
(being the basis of bearings for this legal description), respedvely, for 60.00 feet to the POINT OF
BEGINNING; thence continue South 00 deg, 21'26" West along said West line of Lot 1, for 458.65 feet to
the point of intersection with the Westerly extension of the South line of that certain property as
described in O. R. Book 4272, page 1503, Public Records of Pir.e!las County, Florida; thence leaving said
West line of Lot 1, North 89 deg. 46'14" East along said Wesr.eriy e.xtension of the South line of that
certain property as described in O. R, Book 4272, page 1503 and the South line of said certain property
as described in O. R. Book 4272, page 1503, respectively, ror 386.69 feet to the Southeast corner of said
certain property as described in O. R, Book 4272, page 1503, same also being the point of intersection
with the Southerly extension at the East line of said Lot 1; :hence North 00 deg. 13'59" West along said
Southerly extension of the East line of said Lot 1 and the ~scline of said Lot 1, respectively, same also
being the East line of said certain property as described in O. K. Book 4272, page 1503 and the Northerly
extension of said East line of that certain property as descibed in O. R. Book 4272, page 1503,
respectively, for 71.42 feet; thence leaving said East line of Lot 1, South 89 deg. 46'01" West, for 254.27
feet; thence North 00 deg. 13'59" West, for 60.00 feet; thenc: South 89 deg. 46'01" West, for 68.54
feet; thence North 00 deg, 13'59" West, for 327.23 feet; :henc: South 89 deg, 46'01" West along a line
60.00 feet South of and para tiel with said East-West centerline of Section 17, for 59.15 feet to the POINT
OF BEGINNING.
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PINELLAS COUNTY rLA,
Orr,REC,8K 12227 PG 2428
1. Taxes and assessments for the year 2002 and subsequent years, which are not
yet due and payable.
EXHIBIT "B"
2. Easement in favor of Florida Power Corporation as recorded in OR. Book 4088,
Page 1982, Public Records of Pinellas County, Florida.
3. Easement in favor of Pinellas Water Company, as assigned to the City of St.
Petersburg, all as set forth in instrument recorded in Deed Book 1465, Page 111,
Public Records of Pinellas County, Florida.
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AFFIDA vir OF NO LIENS
STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority duly authorized to administer oaths and
take acknowledgments, personally appeared WILLIAM B. HORNE II, who [is personally
known to me] [produced as identification] and who, being first
duly sworn, deposes and says that:
1. He is City Manager of the CITY OF CLEARWATER, FLORIDA, a
municipal corporation ("City").
2. City is the owner of the real property located in Pinellas County, Florida,
as is more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is now in possession of the record owner, and there is no
other person or entity in possession of the Property or who has any rights or tenancies
to the Property.
3. No Notice of Commencement affecting the Property has been executed,
recorded or posted by the undersigned.
4. The Property is free and clear of all liens, taxes, encumbrances, and
claims of every kind, nature, and description whatsoever, except for real and personal
property taxes for the year 2002, and matters shown on Title Insurance Commitment
(File No. 1037-1245) issued by FIRST AMERICAN TITLE INSURANCE COMPANY,
through its agent JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
(collectively, "Title Company").
5. The undersigned knows of no state or federal judgment or lien of any
kind or nature whatever against the Property.
6. There has been no labor performed on or materials furnished to the
Property within the past ninety (90) days for which payment in full has not been made
or for which valid liens could be filed; there are no claims whatsoever of any kind or
description against the Property for which liens could be filed according to the statutes
in such cases made and provided; and no informal notice of claim has been received by
the undersigned including, without limitation, unrecorded labor, construction or
materialmen's liens against the Property.
7. The undersigned hereby warrants that the undersigned and the City
have received no notice of any public hearing regarding pending or future assessments
for improvements by any governmental agency and there are no unpaid or pending
bills, assessments or liens against the Property for sanitary sewers, paving, utility
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installation, service or other improvements made by any public utility or governmental
agency, whether or not such assessments appear of record.
8. The undersigned knows of no violations of municipal or county
ordinances, or any easements or claims of easements for uses or adverse interests not
shown by the public records, pertaining to the Property including, without limitation, any
unrecorded easements or rights-of-way created through use or adverse interest with
respect to the Property. The undersigned knows of no violations or breaches of any
covenants, conditions or restrictions applicable to the Property including, without
limitation, building setback violations and use restrictions violations.
9. The undersigned warrants that there are no estate tax, inheritance tax,
or income tax liens, under federal or state laws, against the Property, or against the
owner, which would affect the Property.
10, There is no outstanding unrecorded agreement of sale, option, deed,
agreement for deed, conveyance, mortgage, or lease affecting the title to the Property,
other than the agreement incident to which this Affidavit is given.
11. The undersigned owner of the Property is not a non-resident alien,
foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms
are defined in the Internal Revenue Code and Income Tax Regulations), and the U.S.
taxpayer identification number of said owner is 59 - b 000 2. 8' '7
12. This representation is made under oath for the purpose of inducing
NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation, ("Purchaser") to
purchase and the Title Company to insure title to the Property.
13. The undersigned makes and delivers this Affidavit of No Liens fully
realizing that the Title Company and Purchaser are relying hereon in order to close
such purchase. This Affidavit of No Liens is made with full understanding of all laws
appertaining to affidavits in Florida, and full faith and credit may be given hereto. The
undersigned further certifies that the undersigned has read the complete text of this
Affidavit and fully understands its contents.
14. All statements made herein shall, to the best of the knowledge and
belief of the undersigned, be true and correct as of the date and time the deed is
recorded. There are no matters pending against the undersigned that could give rise to
a lien that would attach to the Property between the date hereof and such recordation.
The undersigned has not and will not commit, between the date hereof and the date
and time of such recordation, any act that would cause the statements made herein to
change or to become invalid, nor will the undersigned execute any instrument that
would adversely affect the title to the Property.
15, The undersigned, on behalf of the City, agrees to indemnify and shall
save and hold the Title Company harmless from and against any claim, liability, or
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cause of action which may arise by virtue of any of the foregoing representations being
false or untrue or from any lien or claim which may be filed or enforced for any labor,
services or materials used or furnished to the Property, for or on account of benefit of
owner. ~.
C/cr~~~-:xr
WILLIAM B. HORNE II
City Manager
SWORN TO, subscribed and acknowledged before me this ~ .1.. ,2002.
fJ''W:La.1J~
....~':f..~~", Denise A. Wilson Notary PUblj)"' \ 'I \
PYr!i:~~ MYCOMMISSION# CC914107 EXPI~ES . I ^ I \ (" )
~:.~.:~! June 18, 2004 Print name: r2[J{S1:../ Tl .1) f ..:)O'f.-J
":''i..?ff;..'fr~ BONOEOTH~UT~OHAlNINSUIlANCf.IN'My commission expires: tvi { t! ZDO V
06/20/0204:09 PM d-1
33638.103553
#269953 v1
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EXHIBIT "A'"
A portion of Lots 3 and 8, CLEARWATER MALL, according to the plat theJieOf as recorded in Plat Book
125, pages 20-28, public records of Pinellas County, Aorida, described as follows:
A parcel of land being a portion of Lot 1, A RESUB OF BA5lG:N'S REPLAT, as recorded in Plat Book 24,
page 42, Public Records of Pine!las County, Acrida, together with a portion of the Southwest 1/4 of
Section 17, Township 29 South, Range 16 East, Pinellas County, Rorida, being more particularly
described as follows:
Commence at the Northwest comer of the Northeast 1/4 of the Southwest 1/4 of Section 17, Township
29 South, Range 16 East, Pinellas County, Rorida; thence North 89 deg. 46'01" East along the East-West
centerline of said Section 17, for 415.00 feetto the point of inte....section with the Northerly extension of.
the West line of Lot 1, A RE5UB OF BASKIN'S REPLAT, as recorded in Plat Book 24, page 42, Public
Records of Pine!las County, Rorida; thence leaving said E.:si;-West centerline of Section 17, South 00 deg.
21'26" West along said Northerly extension of the West line of Lot 1 and the west line of said Lot 1
(being the basis of bearings for this legal description), respe:t:ively, for 60.00 feet to the POINT OF
BEGINNING; thence continue South 00 deg. 21'26" West along said West line of Lot 1, for 458.65 feet to
the point of intersection with the westerly extension of the South line of that certain property as
described in O. R. Book 4272, page 1503, Public Records of Pinellas County, Florida; thence leaving said
West line of Lot 1, North 89 deg. 46'14" East along said West=..'iy extension of the South line of that
certain property as described in O. R. Book 4272, page 15J3 and the South line of said certain property
as described in O. R. Book 4272, page 1503, respectively, fer 386.69 feet to the Southeast come.... of said
certain property as described in O. R. Book 4272, page 15iJ3, same also being the point of intersection
with the Southerly e.xtension at the East line of said Lot 1; tt1e.'1ce North 00 deg. 13'59" west along said
Southerly extension of the East line of said Lot 1 and the ~Si: line of said Lot 1, respectively, same also
being the East line of said certain property as described in O. K. Book 4272, page 1503 and the Northerly
extension of said East line of that certain property as des.::"ibed in O. R. Book 4272, page 1503,
respectively, for 71.42 feet; the.flce leaving said East line of Lot 1, South 89 deg. 46'01" West. for 254.27
feet; thence North 00 deg. 13'59" WeSi., for 60,00 feet; th=..'1C: South 89 deg. 46'01" West, for 68.54
feet; thence North 00 deg. 13'59" West, for 327.23 feet; tl'1erlc: South 89 deg. 46'01" West along a line
60.00 feet South or and parallel with said East-West cent=iine of Section 17, for 59.15 feet to the POINT
OF BEGINNING.
'.' .
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CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS CONTRACT is made and entered into as of the ~ day of ~,/ ,
2002, by and between the CITY OF CLEARWATER, FLORIDA, a unicipality,
hereinafter referred to as the "City," and NEW PLAN EXCEL REALTY TRUST, INC., a
Maryland corporation, hereinafter referred to as the "Owner," for the exchange of
properties in Clearwater, Florida, as described herein.
The parties hereto agree as follows:
1. Exchanae of Property. The City shall convey title to certain real
property referred to as "Parcel 1" which is described in Exhibit A to this contract to the
Owner. The Owner shall convey title to certain real property referred to as "Parcel 2"
which is described in Exhibit 8 to this contract to the City. The conveyance of Parcel 1
shall constitute full consideration for the conveyance of Parcel 2. The conveyance of
Parcel 2 shall constitute full consideration for the conveyance of Parcel 1.
2. Definitions. In this contract, "Seller" shall mean the City with respect to
Parcel 1 and the Owner with respect to Parcel 2. "Purchaser" shall mean the Owner
with respect to Parcel 1 and the City with respect to Parcel 2. These terms are used
for convenience and do not imply the payment of any compensation other than
conveyance of real property in exchange for real property.
3. Leaal Descriptions. The legal description of the properties being
exchanged between the parties are described as follows:
a. Parcel 1 - See Exhibit "A" attached;
b. Parcel 2 - See Exhibit "8" attached.
4. Purchase Price. It is mutually agreed that the transfer of Parcel 1 by the
City to the Owner and the transfer of Parcel 2 by the Owner to the City shall constitute
the full and sufficient consideration for the exchange of properties.
5. Commission Approval. Following the execution of this contract by the
Owner, this contract shall be held open for acceptance and approval by the
Clearwater City Commission for 30 days following receipt in the offices of the City of
Clearwater City Manager. Unless this contract is unconditionally approved and
accepted by the City Commission within the 30 days and written notice of the approval
and acceptance delivered to Owner within 30 days following receipt by the aforesaid
City Manager's Office, the Owner may at its sole option and discretion terminate this
contract whereupon each party shall be relieved of all further obligations hereunder.
The City shall cooperate with Owner in a timely manner in the execution of
applications necessary and required as to Parcel 1 so that Owner can submit and
process applications required to facilitate the redevelopment of Clearwater Mall.
6. Closina Date. This transaction shall be closed and the deeds and other
closing papers delivered no later than 30 days after receipt of written notice of
approval of this contract by the Clearwater City Commission unless extended by other
provisions of this contract.
7. Title Evidence. The Owner shall order and provide at its expense a
commitment for title insurance in the amount of $553,212.00 which commitment shall
show a marketable unencumbered fee simple title in the name of the City as to
Parcel 1. The Owner shall have ten (10) days after delivery of said commitment for
the examination thereof, and within said period shall notify the City in writing of any
objections to said title. If this notification is not given within said time period, then said
title shall be conclusively deemed to be acceptable to the Owner. In the event that the
title to Parcel 1 is not good and marketable, the City shall have ten (10) days
thereafter to perfect the title. If the defects are not cured within such time, then the
Owner may cancel this contract or waive the defects and accept the property without
deduction on account of said defects. A final title insurance policy will be issued to the
Owner within fifteen (15) days after closing.
The Owner shall order and provide at its expense a commitment for title
insurance in the amount of $553,212.00 which commitment shall show a marketable
unencumbered fee simple title in the name of the Owner as to Parcel 2. The City shall
have ten (10) days after delivery of said commitment for the examination thereof, and
within said period shall notify the Owner in writing of any objections to said title. If this
notification is not given within said time period, then said title shall be conclusively
deemed to be acceptable to the City. In the event that the title to Parcel 2 is not good
and marketable, the Owner shall have ten (10) days thereafter to perfect the title. If
the defects are not cured within such time, then the City may cancel this contract or
waive the defects and accept the property without deduction on account of said
defects. A final title insurance policy will be issued to the City within fifteen (15) days
after closing. The Owner and the City shall mutually agree upon a title insurance
company and closing agent.
8. Permitted Exceptions. The parcels shall be conveyed to the
Purchasers subject to no liens, charges, encumbrances, restrictions, exceptions, or
reservations of any kind or character other than the following permitted exceptions:
a. Zoning ordinances and land use regulations;
b. Any easements, restrictions or other matters that appear in the
commitment and/or survey (excluding standard exceptions) which are not
objectionable exceptions; and
c. Any agreements between the parties that are part of this contract.
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9. Survey. Within the time allowed for delivery of the title insurance
commitments, a registered Florida land surveyor shall survey each of the parcels. The
costs thereof shall be borne by the Owner as to both Parcel 1 and Parcel 2.
10. ClosinQs and Possession. Subject to satisfaction of the conditions
precedent set forth in this Agreement, the exchange contemplated herein shall occur
on or before March 11, 2002. Said closings shall be simultaneous.
11. Property Taxes. To the extent any property taxes are assessed, all
property taxes shall be prorated at closing.
12. Condition Precedent to City's ObliQation to Close. It shall be a
condition precedent to the City's obligation to close hereunder that the Owner shall
provide, in a form reasonably acceptable to the City, an easement for ingress and
egress over property owned by the Owner to City property immediately adjacent to
Parcel 1. In addition, it shall be a further condition precedent that the Owner shall give
the City an easement for ingress and egress reasonably acceptable to the City to
provide access to Parcel 2. All easements shall be defined by metes and bounds
legal descriptions, in the form attached hereto as Exhibit "C."
13. Condition Precedent to Owner's ObliQation to Close. It shall be a
condition precedent to the Owner's obligation to close hereunder that it shall have
obtained approval for the land use and rezoning of Parcel 1 to accommodate the
redevelopment of the Clearwater Mall Project. The Owner shall have until June 10,
2002, in which to satisfy this condition, or, Owner may waive this condition in its sole
and absolute discretion.
14. ClosinQ Costs. The Owner shall pay the following closing costs and
expenses in connection with the closing:
a. All documentary stamps in connection with the conveyance of the
property;
b. The premium and all search fees payable for the owner's policies
of title insurance for both parties;
c. Recording fees in connection with those instruments necessary to
render title acceptable to the Purchaser; and
d. Its costs of document preparation and its attorneys' fees.
The City shall pay its costs of document preparation and its attorneys'
fees.
3
15. Risk of Loss. The risk of loss or damage to the. premises by fire or
otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees
to maintain the property and to deliver said property to the Purchaser in the same
condition as when the contract was executed, ordinary wear and tear excepted.
16. Nonassianabilitv. Neither party may assign this contract, provided,
however, that Owner may assign its rights to Clearwater Mall, LLC, or Sembler Family
Partnership #23, Ltd, without City approval.
17. No Brokers. Each party affirmatively represents to the other party that
no brokers have been involved in this transaction and that no broker is entitled to
payment of a real estate commission because of this transaction.
18. Notices. All notices which are required or permitted hereunder must be
in writing and shall be deemed to have been given, delivered or made, as the case
may be (notwithstanding lack of actual receipt by the addressee): (i) three (3) business
days after having been deposited in the United States mail, certified or registered,
return receipt requested, sufficient postage affixed and prepaid; or (ii) one (1) business
day after having been deposited with an expedited, overnight courier service (such as
by way of example but not limitation, U.S. Express Mail or Federal Express),
addressed to the party to whom notice is intended to be given at the address set forth
below:
As to Owner:
With a copy to:
and:
If to Sembler:
New Plan Excel Realty Trust, Inc.
1120 Avenue of the Americas
New York, NY 10036
Attn: Steven F. Siegel
Paul, Hastings, Janofsky & Walker LLP
75 East 55th St.
New York, NY 10022
Attn: Robert J. Wertheimer, Esq.
Thomas L. Mulkey
New Plan Excel Realty Trust, Inc.
563 West 500 South, Suite 440
Gateway Tower
Woods Cross, UT 84087
Sembler Family Partnership #23, Ltd
c/o The Sembler Company
5858 Central Ave.
St. Petersburg, FL 33707-1728
Attn: Craig Sher
4
With a copy to:
Ruden, McClosky, Smith, Schuster & Russell, P.A.
401 E. Jackson St., 2ih Floor
Tampa, FL 33602
Attn: James B. Soble, Esq.
With a copy to:
E.D. Armstrong III, Esquire
Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A.
Post Office Box 1368
Clearwater, FL 33757-1368
As to City:
William B. Horne \I
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin
City Attorney
Post Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the
other party written notice of any such change in the manner provided in this section,
but notice of change of address is effective only upon receipt.
19. Entire Contract. This contract and the exhibits referenced herein
embodies and constitutes the entire understanding among the parties with respect to
the transaction contemplated herein and all prior or contemporaneous agreements,
understanding, representations and statements, oral or written, are merged into this
contract. Neither this contract nor any provisions hereof may be waived, modified,
amended, discharged or terminated except by an instrument in writing signed by the
party against which the enforcement of such waiver, modification, amendment,
discharge or termination is sought, and then only to the extent set forth in such
instrument.
20. Applicable Law. This contract is construed in accordance with the laws
of the State of Florida.
21. HeadinQs. Descriptive headings are for convenience only and shall not
control or affect the meaning or construction of any provision of this contract.
22. BindinQ Effect. This contract shall be binding upon and shall inure to
the benefit of the parties hereto and their heirs, personal representatives and
successors by law.
5
23. Interpretation. Whenever the context hereof shall so require, the
singular shall include the plural, the male gender shall include the female gender and
neuter and vice versa. This contract and any related instruments shall not be
construed more strictly against one party than against the other by virtue of the fact
that initial drafts were made and prepared by counsel for one of the parties, it being
recognized that this contract and any related instruments are the product of extensive
negotiations between the parties and that both parties have contributed substantially
and materially to the final preparation of this contract and all related instruments.
24. Time is of the Essence. Time is of the essence of this contract. Should
any period of time specified herein end on a Saturday, Sunday or legal holiday
(recognized in Clearwater, Florida), the period of time shall automatically be extended
to 5:00 p.m. on the next full business day.
25. Other AQreements. No prior or present agreements or representations
shall be binding upon either party unless included in this contract. No modification or
change in this contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties to be bound thereby.
26. Nothing in this contract shall be construed to constitute the creation of a
partnership or joint venture between the parties.
27. Counterparts. This Agreement may be executed in several counterparts,
each constituting a duplicate original, but all such counterparts constituting one and
the same Agreement.
Countersigned:
CITY:
CI~~WATER' FLORIDA
By' ~.~.n.
William B. Horne, II
City Manager
Brian J. Aung
Mayor-Com ssioner
Approved as to form:
Attest:
~~
Pamela K. Akin
City Attorney
~~,~~~-
~cyn la . Goudea'u ~, .....
City Clerk '--
. .
6
OWNER:
NEW PLAN EXCEL REALTY TRUST, INC.,
a Maryland corporation
By:
5:!~~Mh
Title:
6/19/20024:14 PM d-4
33638.103553
#255363 v1 - SEMBLERlCLW. MALL - Contract for Exchange of Property
7
..&...:..'
.L.....,Lo ..&..V ~..&..v J...na '''' , L"t OUvU CV'-" v.Lt:::d.l."t:I....e1.
tgj UU5/ UU.~
'S:\Z20:"07\LS\22007-lS2.dwg - May 20. 7.1
EXHIBIT A
THIS IS .tiQ.I A SURVEY
THERE MAY BE ADDITIONAL RESTRICTlOl'/5 AF"FECTlNCi THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS I.EGAL DESCRIPTION AI'/O SKETCH WAS PREPARED W\l'11 THE BENEFIT OF
A COMMITMENT FOR TITLE INSURANCE PREPARED aT LAWYERS TITLE
INSURANCE CORPORATION. COMMITMENT NUMBER 0I02!:lG7c. REVISION NUMBER 2.
EFFEC TIVE DA TE SEPTEMBER 20. 2001 AT 5,QOp.m.
BEARINGS ARE BASED UPON, SEE SKETCH AND LEGAL DESCRIPTION
LEGAL DESCRIPTION: SWAP PARCEL 8
A porcel of land being 0 porf .on 01 Lol I, A RESUB OF' BASKIN'S REPLAT. os recorded in Plot
Book 24. POlle 42 01 Ihe Public Recordr; 01 Pinellos Coun'1. F'lorido. logelher wilh a
porlion 01 the Soulhwesl 1/4 01 Section 17. Township 29 Soufh. Ronge 16 EoSI. Pinello5
Counly. Florido. being more porliculorly described os tal I Owl". ,
COtvMENCE 01 'lie Norlhw.,t corner 01 '"e Northeast 1/4 01 Ihe Southwest 1/4 of Seclion 17.
To...nShip 29 South. Range 16 EO$t. Pinello, Counly. F'orido; Ihance N69046'01.E. Along Ihe
Eosl-We,1 cenlerlinll 0. r;oid Section 17, lor 415.00 feet 10 Ih. pOInt 01 inlerseclion wilh
Ihe Norlherly exlens.on of Ihe Welt lin. of Lol I, A RESUB OF BASKIN'S REPlAT. 0$ recorded
In Plol Book 24. Poge 42 01 Ihe Public Rec;orda of Pinello, Counly. Florido; 'hence '80ving
so.d Eosl-Well centerline ot S.ction 17. SOO.21'26-W, olong fiord Northerly exlcnsion 01
the West line ot Lol I and Ihe Wesl line 01 said Lol I (being Ih" Dosis 01 bearings lor
Ihis legol descriplionl. r..r;peclively. lor 60.00 fee' 10 the POINT OF BEGINNING; lhence
coralinue SOO"2"26-W. olong said Wesl linll 01 Lol I. lor 458.65 leel to the point of
inlersection wilh lhe Wer;terly exlcn,ion of Ihe Soulh line of Ihol cerloin properly 0'
describecS in Otficiol Records Book 427~. page '503 ot Ihe PublIC Records 01 Pinel/oti
Counly. Florida; Ihence leaving soid We,' line 01 Lol I, N69046'14"E. along 'aid Westerly
exlension of Ihe Soulh line ot Ihol cerloin properly os described in Officiol Records Book
4 Z 72 . PO gel 503 and I he Sou t h I i n e 0 Iso i d c e r I a i n pro per I y 0 s d. s c rib e din 0 I f I cia I
Record!> Book 4272. page 1503. r.speclively. for 366.69 feel' 10 Ihe Soulheast corner of
said cerloin properly os <Iescribed in Olliciol Records Book 4272. page t503. some otso
beIng 'he poinl 01 in1erseclion wilh Ihe Southerly Illllension 01 Ihe EOI".I line of said Lol
I; Ihence NOOOI3'59"W. 010"9 ,aid Southerly e.tension 0' Ihe EO$I li"<I 01 soid Lol lond
the (0 s I I i n e 0 Iso i d Lot I, r .., p e c; I i vel y. $ ome 0 I '0 b.. i n 9 I he (0 $ I I i n 8 0 Iso ide e r t 0 i n
properly os del".cribed in Officiol Records Boo" 4272, poge 1503 and Ihll Norlher', elllension
of !>oid Eos' line 01 thai cerlain property os described in Officiol Records Book 4272.
poge 1503, respeclively. for 71.42 feel: Ihence leowing said EosI line of Lol I.
SB9"46'OI-W. lOr 254.27 lltet: Ihence NOO.,3'S9"W, for 60.00 leel; thenCe S69046'OI.W. lor
68.54 tellt: thence NOooI3'S9-W. lor 327.23 leltl; thence SB9046'OI-W. along 0 line 60.00
leel South of and parallel wilh 'aid Eost-West centerline 01 Seclion 17. for 59.15 teet 10
Ihe POINT OF BEGINNING.
Conloining 55.376 square leel or 1.271 ocr..s. more or less.
(rror 01 closure: 0.005 teet (LCSI
NOT(; THE GEOh4(TR1' PEIlTAINING TO THE PAIlcn OF LAND BEING DESClll8ED H(REIH tS BASED lPOoc " BOUNOAJlY. rOl'OGRUHIC. TREE 6 OESIGN SURVEY
PllEPAIlCO BT POLARIS llSSOCIATES INC.. TITLEO -CLE"-ATER MALL.. PROJECT ......eEIl 001-1463. DATEO 9-l"~. ANI> A BOUNOARY SuRv<Y PREPARED
BT ~LORIDA DESI~ C~TANTS. INC. TITLED .PARCEL VII AND PARCEL VIII. CITy ~ CLEARWATER ~'RC 'TATION # 49'. JOe NUMBER 220.07
DATED 10-25-200'. LAST REVISED Il-17-tOOI.
SEE SHEET 1 fOR LEGAL DESCRIPTION
SEE SHEET 2 FOR SJ<E TCH
PREPARCD FOR:
THE SEMBLER COMPANY
SHCET OtSCRIP nON:
LEGAL DESCRIPTION AND SKETCH FOR SWAP PARCEL B
SCAL.(: DATE: DR "WN: CAla:O: 01(0<([),
NONE 10-18-2001 LCS LCS RCW
.JOe ",0.: SEcnON: TOWNSHIP: RANa::
220-07 17 29 5 16 E
FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENT AlIS TS
SURVEYORS 8 PLANNERS
2(;39 McCormick Dri..
CI<o',"olo<. Florido 3375:'1
(727) 72'1-6"122
Certificote of Authorization: LB 6707
Slole 01 Florida
I hereby certify Ihol Ihis legal descriplion and ~kclch
meets Jhll min,mum lechnical slondards 0$ 5eJ forlh
by Ihe Florida Boord of Prolessionol lo"d Surveyors
in Chopler 61G17-G Florida ....dmin.islrolivo Code.
pursuonl 10 Seclion 472.027. Florldo Slolutes
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED S AL Of A FLORIDA
ENS D SU VEYO MAPPER.
AS LE L 0 I TION AND SKE TCH
~COOyri9ht 200' f'lo(idu Oc::;i9o Con:sullonl:;. Inc. Drowin9~ Ol'\d concept=-. may 1'\01. b~ v8ed or r.pfoduc.td wilhoul """~llCl) pefmission. Sheet
FLORIDl1
VUI .1..:.."")1 LUVL .1.LIJ:, LO..J.O Cl1...A I ~ I I.I.J oOVO ru\,.. \"'.J.ettr'U:il.~r
Igj UutS / UUIS
So: \220-'07.\LS\22007-lS2.d"g - l,lo'7 20. 2002 D 9: 310m - dw,U;"
THIS IS llill A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS l.EGAL DEsCRIPTION AND SI<ETCH WAS PREPARED W'1'H THE BENEFIT OF
A COMMITMENT FOR TITLE INsuRANCE PRE:PAREO By LAWyERS TITLE:
INSURANCE CORPORATION. COMMITMENT NUMBER 0102967c. REVISION NUMBER 2. '
EFFECTIVE DATE SEPTEMBER 20. 2001 AT 5.00p,m.
BEARINGS ARE BASED UPON, SEE SI<ETCH AND LEGAL DESCRIPTION
~
z
SOO'"2"26~W. 60,00'
N EXTENSION Of' THE W LINE LOT 1
o
v'\
POC
NW COR or THE N[
1/4 0> Tl-1E Sw 1/4
Of' SEe 17-29S-16E
458.65"
(6(ARINC BASIS)
W UNE lOT )
SOO"21'26.W
POB
~
'or
....
~
:;~
~ .,,": 8
... a~ ::t!
.... ~N
~ ~; l1
~ l!!... 5
:z ~o <
ll;"""
~ r.::
VI ~
5
t
"-
"
" "-
" "
NOO,S69.W ""
S89.46'Q1.W
59.15"
327.Z5"
.0
0()
v
0.
'"
z
,.
~
:5
Q..
..-
o
z:
~
..
~
LOT 1
A RESUB OF
BASKIN'S REPLA T
PB 24. PG 42
~ I ..--..
-.JI 0
ml CD
>- .... 0
<(\O~
m I 0
I E ~
g ,!. ~
I u <(
~ I~ I-
:::J I~e
Cl 1<>-1
3:
I
....
-
p
~~
~~
CD
"A
" "
" ..1Q),.. "-
"tho.. "
"" ~ '-9 (,
" 7*'6 't<+
" ~ ..oC'~~
""" /'7.J 4,0<'\-;-
60.00"
NOO1$59-W
m '-'
co Q.
~ ...
....
roo
..
5
...
0
'-'
z
:;
E UNE LOT'
LEGEND
P08 - Point 0' Bc<jIinn'''9
poc - Potnl of Commenccm.nt
COR . Corner
PB .. Plot 9001<
a>8 .. ~;,,;.,m Plot Book
PG .. Poge
sa - SquOl'e
F'T - .",,1
WOl - 1oIor.. or Les..
R/W - Rkjlt-ol-Woy
oe - O....d Book
It. = Cen l<:<1in"
SE COR
OR 4272.
SKY HARBOR DRIVE
60' R/W (OR 412/1. PC 1796)
OO"13"69OOW. 71.42'
S EJClEIIlSlON OF" THE E l.J'I[ LOT 1
[ UN( Of" OR 4272, PG 1503
SEE SHEET 1 FOR LEGAL DESCRIPTION
SEE SHEET 2 FOR SKETCH
NOH; THE CEa.ETRY PERTAINING TO nc: P~cn. OF La>Cl BE'NO OESCIlI8CD HEREIN IS SASUl uPON A BOUt<OARY. ToPOGRAPHIC. TREE ~ D[~ION ~ulNt:y
PR[Pt.REO Br POLARI~ ASSOCIATES INC,. TITLED .CLEARWATER WAl..L", PROJECT wu.eER OOI-I~63. DATED '1-24-99. UJO A BO\Jl'<()ARY S~VEY PREPARED
BY FLORIDA. DESIGN CONSULTANTS. INC,. TITLED -PARCEL VII AND PARCEL VIII. CITY OF CLEARwATER FIRE STATION I AS-, JOB NUMBER 220-07.
DATED 10-25-200., LAST REvlSEO 12-17-Z00I.
PREPARED rOR:
5H([T OCSCRIPnON:
THE SEMBLER COMPANY
LEGAL DESCRIPTION AND SKETCH FOR SWAP PARCEL
B
SCAlL: DAlL: ORAW't: CALCED: 0iECKEO:
(' = 100' 10-18-200t LCS LCS RCW
.Y.J9 No,; S( CllON: TOWNSHIP: RANCE:
220-07 17 29 5 16 E
FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVIRONMENT AUS TS
SURVEYORS 8 PLANNERS
I hereby cerlily Ihcl Ihis 111901 descriplion ond skelch
meels Ihe minImum lechnieol slondords os sel lor Ih
by the Florido Boord of Prolessionol Lond Surveyor,
in Chopler 61G17-6 Florida Adminislrolive Code,
pursuonl 10 See lion 472.027, Florido Slolules
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL A FLORIDA
LICENSED URV R AND PER.
TO GA~ 0 SCRIP AND SKETCH
....
2p39 Mc;Cormit;k Drive:
CloDr"ol.r, Flofldo 33759
(727) 724 -9422
Cer lificotc of Authorizotion: LB 6707
Slole 01 norido
COCOpyriQflt 200\ f1oriao OI::::.i'9n Con:;uUon':. Ine. Drawings and concepts moy not b~ used or re.pI'oduccO ...ithoul .rillen pc,.mi~8;on. Shee t
UU/.1~/<:UU;:
iU!::. .10;.10 rAA Ii:.I
1<:4 OUUU l"V\.- \.-.1earWal:er
l(!JUU7/UUti
.'
S:},220':'07\LS\22007-LS4.dW9 - woy 03.
EXHIBIT B
THIS IS MQI A SURVEY
THERE MAYBE ADDITIONAL RES TRIC TIONS AFFEc TINe; THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTy.
THIS LEGAL DESCRIPTION AND SKETcH WAS PREPARED WITH THE BENEFIT OF
A COMMITMENT FOR TITLE INSURANCE PREPARED BY LAWYERS TITLE
INSURANCE CORPORA TlON, COMMITMENT NUMBER Ol02967c, REVISION NUMBER 2,
EFFEC TlvE DA TE SEP TEMBER 20. 2001 A r S;OOp.m.
BEARINGS ARE BASED UPON, SEe: SKETCH AND LEGAL DESCRIPTION
LEGAL DESCRIPTION: SWAP PARCEL A
A parcel 01 lond lying wilhin Ihe SOulhwfl&1
South. Ronge 16 e:a~l. Pinellas Caunly.
described 06 'ollow~:
1/'1 01
Florida.
Section 17,
being more
Township 29
po'rliculorly
COt./MENCE 01 Ihe Soulheo61 corner 01 Lot I, A REsue OF BASKIN'S REPLAT. 06
recorded in Pial Book 24. Doge ~2 01 'he Public Record, 0' Pinellas Caunly,
florida, S~f1 also being Ihe South..s' corner 01 LoI 2, said A RESUB OF BASKIN'S
REPLAT. SQm~ 01&0 being Ihe Soulhwesl corner 01 Ihol cerloin properly os
des c rib e din 0 t r i cia IRe cor d s Boo k 4 I 2 B, po gel 796 0 f I he Pub I i c R e cor d so,
Pinellos Counly. FIor ido: thence S3'300e'Oe.E, olong Ihe Soulh 10". 01 said lot 2
( b e i n g I h" bas i sol b ear i n g c , 0 r r his I e 90 1 des c rip I ; 0 n I. S OiT1e a ISO b e i n 9 I h e
Soulf) line 01 said cerloin properly as descrll>ed in Olliciol Records Book 4128,
page 1796. lor 95.59 leel 10 Ihe Soulheosl corner 01 said cerlo,,, properly os
described in Olliclol Records Bool< 4126. page 1796, some also tieIng the POINT OF
BEGINNING: Ihence continue S39008'08.E. along 50id Soulh I."" of Lei 2. lor
391.47 leel 10 Ihe Nor 'heae' corner 01 SKY HARBOR ESTAT(S CORPORATION
CONDOMINIUIwI. os recorded in Condominium PIal Book 13. poge 99 01 Ihe PublIC
Records of Pinflll06 Coun'y. Florida; 111I~nte leaving soid Soulh line 01 Lol 2.
SSooS4'52.W. along Ihe Norlh line 01 said SKY H~RBOR ESTATES CORPORATION
CONDOMINIUM. lor 214.25 feel; IhencfI leavin~ said Norlh lIne 01 SKY HARBOR
ESTATES CORPORATION CONDOMINIu.1, N3900e'Oe-w. 'or 125.56 leel; 'hence
NOooIS'26-W, lor ~41 .34 feel to Ine POINT OF BEGINNING.
Conloini"9 55.386 square lee' or 1.271 acres. more or less
Error of closure: 0,004 leel (JEB)
R(~O:
4-1-2002
3-18-2002
DR"_:
JES
JEB
CAt.ctO;
JE8
JEB
CH(cxm:
OAW
TDF I RCW
SEE SHEET 1 FOR LEGAL DESCRIPTION
SEE SHEET 2 FOR SKETCH
IC)TE: THE GCCWETRT PERTAINING TO Tl4E PARC!:1. fY' L>>O BEING DESCRIBED HEREIN IS BASED IJI'OH " 80UN0AR'T. ToPOGRAPHIC. TREE a DESI!;N SUR"E'T
PREPARED BY POl.ARIS ASSOCIATES INC.. TITl.EO -CLEARwATER WALL', PROJECT NUW8ER 001-1463. DATED 9-24-~~. AND A BOVNO&RT SuRvEy PREPARED BY
rLORIOA OESICN CONSULTA~5, .He . TITLED .PARCEL VII AND PAROEL ""'. CITY ~ CLE.~ATER ~IRE STAT'~ I eg-. JOB HuMeER Z20-0T. OATEO
'0-2$-2001, LAST REI,oISED 12,17'2001. A)() Bour.o.~y 1fOR1C C(lIoI'LETEO BY rl.OlllDA DESI~ CONSIA.TANTS, INC. '01 PRO'ERATlOM OF PRoPDSEO RECORO
P~AT or CLEARWATER ~l.
F>R(PAREO rOR:
LEGAL
THE SEMBLER COMPANY
DESCRIPTION AND SKETCH FOR SWAP
PARCEL
A
SH((T OC~lPn~:
SCJ.U; OAT(: DRAWN: CAlCED: OtEOI:E.O:
NONE 10-18-2001 LCS LCS RCW
.JOO No.: S(CTl()co<: TOWNSMP: RANCE:
220-07 17 29 S 16 E
FLORIDA DESIGN CONSUL T ANTS} /Ne.
ENGINEERS. ENVIRONMENTALISTS
SURVEYORS 8 PLANNERS
I herebr cflrlif)' fhol Ihis legol dflscription and ~kclch
meels he minimum lechnicol ~Iondard~ as sel for Ih
by Ihe f10rida Boord 01 Professional Land. Surveyors
in Chopler 61G17-6 Florida Adminislrol,ve Code.
pursuonl 10 Scclio" 4 72,027. Florida Slolules
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SuRvEYOR AND MAP ER.
AS T EGAL CRIPTI AND SKETCH
26.39 MtCormlck Drive
C'Oo'",olor. l'"Iorlda 33759 JR.
(727) 72'1-B422 PROFESSIONAL SURVEYOR ND MAPPER
Certificate of Authorization: LB 6707 LICENSE NUMBER LS 4~5,ST.A ~F FLORIDA
Slole of F1orido DA TE SIGNED. ~J..- rtII L-
G':>COOY;9tlt 2001 rIO(~OQ Desi9" Con:;.ullonts. Inc. OrowtnQS onc;f can(:epl::; may not be u:;c-d or rcproduc;oo wiU'\oul VIl'ritlen pe(mi~!,;ion" Sheet ~ of 2
vv, .J..?/ ""~v,,
~UL ~V..J..O rnA ILl
'''~ OVVU rU~ ~~e~J.W~Lel'
l{!jUUtl/UUI:!
,
?;: \2io':'01\LS\22007-LS~.d"9 - Moy 03. 2002 0 of: ~5prn - 'pKkmon
THIS IS t:IQl A SURVEY
THERE MAY BE ADDITIONAL RESTRICTIONS AF'FECTING THIS PROPERTY THAT
MAY BE FOUND IN THE PuBLIC RECORDS Of THIS COUNTY.
THIS LEGAL DESCRIPTION AND SICETCH WAS PREPARED WITH THE BENEFIT OF
A COMMITMENT F'O~ TITLE INSURANCE PREPAREO flY LAWYERS TITLE
INSuRANCE CORPORA TION. COMMITMENT NUMBER 010296'7(. REVISION NUMBER 2,
EFFECTIVE DATE SEPTEMBER 20. 2001 AT 5.00o.m.
BEARINGS ARE BASED UPON. SEE SKETCH AND LEGAL DESCRIPTION
\
z
LOT 1
A RESUB OF
BASKIN'S REPLA T
PB 24, PG 42
NOT PLA 1TEO
POC
s( COR LOT I
5W COR LOT 2
SW COR ORB ~ 128. PC 1796
5.)9U8'08-E
95.~'
SKY HARBOR DRIVE
60' R[W (ORB 4126. PC 1796)
S UN[ ORB "2B. PC 1796
S UNE LOT 2
NOO15'26-W 341.34'
PC '796
AREA-SS,386 SO Fi
OR 1.271 ACRES. UOL ~c,~
(, ~ 0"-
.:t'~ ~
#c,
Rf:'<lS(O:
4 -1-2002
3-18-2002
DRA-,
~cro:
Je:B
JEB
JEB
JEB
LOT 2
A RESUB OF
BASKIN'S REPLAT
PB 24, PG 42
LEGEND
POEl ~ Po:.-. l 01 8e<;1lnn;n9
poc - Potnl or COf'T\mencernenl
COR - Cornet'
PG = P"9"
SO - Square
n "...1
~Ol. ~....,... fX Less
R(W - RC1>I-al-Woy
ORB "Olrociol RecOt"d5 Book
P8 E PIol 800k
O'B Condom;,.,ium Plot Book
CHEoc(o:
RCW
TDF I RCW
SEE SHEET 1 FOR LEGAL DESCRIPTION
SEE SHEET 2 FOR SKETCH
NOTL THE GECM::TRY P(RUI"'NG TO T~ PARCEL OF L.uo BE''l(; OfSCIUBEO HE:llEIH IS BASE:!> uPON A BOUNOJ.JIv. ToPOGRAPHIC. TREE a DESIGN SuRVEy
PREPARED BY POLAR'S ASSOCIATES '"' . TITLED .CLE~AT[R WAL~.. PROJECT NUMBER 001-'4b~. DATED 9-24-99. AHa A BOUNDARy SuRvEY PREPARED BT
fLORIOA DESIO" CONSULTANTS. INC.. TItLED -PAROEL VI' &NO PARCEL VIII. CITY or e~EARWATER fIRE STATION 149-. JOB NUMeEA llO-07. DATED
10-2S-l00l. l.AST fl€VISED '2-1.7-2001. AIlD IlOUNOAR'T -.. eO*'LETEO BY FLORIDA OESIG>I CONSULTANTS. 'NC. IN PREPERUIOtl o. PRQPOSEO RECOO<D
P~AT Of"CLEARwATEA Wll..L
PR[PIJlEO FOR,
LEGAL
THE SEMBLER COMPANY
DESCRIPTION AND SKETCH FOR SWAP
FLORIDA DESIGN CONSUL T ANTS, INC.
ENGINEERS. ENVIRONMENTALISTS
SURVEYORS 8 PLANNERS
SH[( T O(SOlIPnQN,
~......E.
OAT(:
OR.\WN:
\..
100. 10-18-2001 LCS
Ale tole..
$.( e nON:
220-07
PARCEL A
CALa:O
CHECKED:
I hereby certify (hol Ihis legol description and skelch
meers lhe minImum lechnicoJ stondords os sel lorlh
by Ihe rlorido Boord 01 Prolessionol Lond Surveyors
in Chopler 61G17-6 Florido Adminislrolive Code.
pursuonl 10 Seelioll 'l72.027. Florida Slolules
THE SIGNA TuRE
SEA A FLORIDA
AN ER.
N AND SKETCH
LCS
YOYoNSH1P:
RCW
R....IA:;
17
29 S
16 E
2639 McCormock OrlH
Cloorwolor, F'.tldO 337S9 R BERT c. WR H . JR.
(721) 724-8<l2Z PROFESSIONAL SURVEYOR AND MAPPER
Certificote or Authorization: L8 6707 LICENSE NUMBER LS 4~5..sT AIG... Q.f FLORID/\
Slale of f'IoridO DATE SIGNED, L".~-~.c
t.JCop)"'ight 2001 F1orido Design Con~ullon\!. Inc. Oro""''''08 end Concepts n)oy nol be uSt=d or t'eproduced ...,ithout wrlUen Pc/mlsslon Sheet Z of 2-
EXHIBIT "C"
This instrument was prepared by
and return to:
E. D. Armstrong III, Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P.A.
P. O. Box 1368
Clearwater, FL 33757-1368
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into on , 2002,
between NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation ("New
Plan") and the CITY OF CLEARWATER, FLORIDA, a municipality ("City").
R E C ! I A b S:
A. City is the owner of the real property located in Pinellas County, Florida,
described in Exhibit "A" attached hereto and incorporated herein (the "City Property").
B. New Plan is the owner of the real property located in Pinellas County,
Florida, described in Exhibit "B" attached hereto and incorporated herein (the "New Plan
Property"), that it acquired from the City pursuant to the terms of that certain Contract
for Exchange of Real Property, dated , 2002 ("Exchange Contract"), which
is adjacent to the City Property.
C. City requested and New Plan agreed to grant, pursuant to the terms of the
Exchange Contract, a non-exclusive easement for ingress and egress over and across,
portions of the New Plan Property which are more particularly described herein, which
easement shall benefit the City Property.
D The parties desire to enter into this Agreement for the purpose of
evidencing their respective rights and obligations in connection with their use and
enjoyment of the Easement Area, as hereinafter defined.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby covenant and agree as follows:
1. Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference,
2. Grant of Easement. New Plan hereby gives, grants and conveys unto
City, its successors and assigns, a perpetual non-exclusive easement for ingress and
egress, over and across such paved driveways as may exist from time to time on the
New Plan Property (the "Easement Area") for the purpose of providing the City Property
with vehicular access to Gulf-to-Bay Boulevard. City agrees to use the Easement Area
in accordance with all applicable codes, ordinances, laws and regulations, and in a
manner that will not unreasonably interfere with New Planls use of the New Plan
Property. New Plan shall have the authority to relocate, repair and replace driveways
located within the New Plan Property provided that the City shall at all times have
vehicular access from the City Property across the Easement Area to Gulf-to-Bay
Boulevard. New Plan shall maintain the Easement Area, at its sole cost and expense.
3. Scope of Easements. The easement granted herein shall run with the
land and shall burden and benefit the New Plan Property and the City Property, as
applicable.
4. Reservation and RiQht in Owner. The easement granted hereby by New
Plan is subject to a reservation and right in New Plan to construct and maintain on the
New Plan Property any structures or other improvements which do not materially
interfere with the use or enjoyment of the easement created by this Agreement for the
purpose described herein.
5. Insurance. New Plan, at its sole cost and expense, shall obtain and keep
in full force and effect comprehensive public general liability insurance against all
hazards arising out of or in connection with the use and enjoyment of the Easement
Area. All insurance maintained hereunder shall be procured from insurance companies
rated "A" or better in Best's. Each party agrees to indemnify and hold harmless the
other from and against any and all such claims asserted by any person, firm or
corporation in connection with the Easement Area, including attorneys' fees (as defined
in Section 6 of this Agreement), and arising from the negligent acts of the indemnifying
party,
6. Attornevs' Fees, Etc. Should either party employ an attorney or attorneys
to enforce any of the provisions hereof, or to protect its interest in any matter arising
hereunder, or to recover damages for the breach hereof, the party prevailing shall be
entitled to recover from the other party all reasonable costs, charges and expenses,
including attorneys' fees, the value of time charged by paralegals and/or other staff
members operating under the supervision of an attorney, and other legal costs,
expended or incurred in connection therewith, before, during and subsequent to any
litigation, including arbitration and appellate proceedings.
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7. Notices. Any notice to be given to or served upon any party hereto, in
connection herewith, must be in writing, and may be given by hand delivery, facsimile,
certified mail or guaranteed overnight delivery service, return receipt requested, and
shall be deemed to have been given and received when a certified letter containing
such notice, properly addressed, with postage prepaid, is deposited in the United States
Mail or when delivered into the custody of the overnight delivery service. If given
otherwise than by certified mail or guaranteed overnight delivery service, it shall be
deemed to have been given when delivered to and received by the party to whom it is
addressed. Notices shall be given to the parties hereto at the following addresses:
FOR CITY:
FOR NEW PLAN:
William B. Horne II
City Manager
City of Clearwater
P. O. Box4748
Clearwater, FL 33758-4748
Telephone: (727) 562-4040
Facsimile: (727)
New Plan Excel Realty Trust, Inc.
1120 Avenue of the Americas
New York, NY 10036
Attention: Steven F. Siegel
Telephone: (212) 869-3000
Facsimile (212) 869-3989
WITH A COPY TO:
WITH A COPY TO:
Pamela K. Akin
City Attorney
P. O. Box 4748
Clearwater, FL 33758-4748
Telephone: (727) 562-4010
Facsimile: (727) 562-4021
E. D. Armstrong III, Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P.A.
911 Chestnut Street
Clearwater, FL 33756
Telephone: (727) 461-1818
Facsimile: (727) 441-8617
Either party hereto may, at any time by giving five (5) days' written notice to the other
party hereto, designate any other address in substitution of the foregoing address to
which notice shall be given and other parties to whom copies of all notices hereunder
shall be sent.
8. General.
a. No Dedication for Public Use. Nothing contained herein shall be
deemed to be a dedication of any area for public use, and all rights and easements
herein created are private and do not constitute a grant for public use.
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b. Effective Date. The easements and covenants created and
imposed by this Agreement shall be effective upon the recording of this Agreement.
c. Modification or Amendment. This Agreement may not be modified
in any respect whatsoever, or rescinded, in whole or in part, except with the written
consent of New Plan and City, or their respective successors, and joined by the holders
of any recorded real estate mortgages encumbering any of the New Plan Property or
the City Property, in a written instrument duly recorded in the Public Records of Pinellas
County, Florida.
d. BindinQ Effect. The benefits and burdens of the easement and the
obligations of each covenant set forth in this instrument shall run with the particular
parcels of property involved and shall bind or benefit the owners thereof, and their
respective heirs, successors, successors in title, legal representatives and assigns.
e. GoverninQ Law. This Agreement shall be construed, governed,
interpreted and enforced in accordance with the laws of the State of Florida.
f, Counterparts. This Agreement may be executed in several
counterparts, each constituting a duplicate original, but all such counterparts
constituting one and the same Agreement.
[Remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the day and year first above written.
WITNESSES:
NEW PLAN:
NEW PLAN EXCEL REALTY TRUST,
INC., a Maryland corporation
Signature
By:
Thomas L. Mulkey
Senior Vice President
Print name
Date:
(Corporate Seal)
Signature
Address: 1120 Avenue of the Americas
New York, NY 10036
Print name
STATE OF UTAH )
COUNTY OF DAVIS )
The foregoing instrument was acknowledged before me this _ day of June,
2002, by Thomas L. Mulkey, as Senior Vice President of NEW PLAN EXCEL REALTY
TRUST, INC., a Maryland corporation, on behalf of the corporation. He [is personally
known to me] [has produced as identification].
Notary Public
Print name:
My commission expires:
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Countersigned:
CITY:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
By:
William B. Horne, II
City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Pamela K. Akin
City Attorney
STATE OF FLORIDA
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of June,
2002, by William B. Horne II, City Manager, attested by Brian J. Aungst, Mayor-
Commissioner, on behalf of the City of Clearwater, Florida, a municipal corporation.
They [are personally known to me] [have produced as
identification).
Notary Public
Print name:
My commission expires:
Exhibit "A" - City Property
Exhibit "B" - New Plan Property
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