THE GRAND RESERVE AT PARK PLACE LIMITED PARTNERSHIP / GRPP INC
tflf#d ~
I
I NST -$ qo_. 1 J~::;3l!
JUN 24,JaJB c.: 35PM
:1
INST # 98-229799
..JL Y 20, 1998 4: 14PM
PINELLAS COUNTY FLA.
OFF. R~( . BK W ~~ 1222
RETURN TO:
>- Earl Barrett
Public Works Dept.
11 RECOP-Glr..:',;.: City of Clearwater
j,>:;fog.f)7<l --P, 0, Box 4748
cu:)C c/(~ Clearwater FI. 33758-4748
R0.C '
o
PINELLAS COUNTY FLA.
OFF.REC.8K 10172 PG 2232
NONEXCLUSIVE PUBLIC RIGHT-OF-WAY EASEMENT
THIS INDENT RE is made and entered into to be effective as of the
, /0#- day of , 1998 by and between the CITY OF
___._.._..__~-CLEARWATER, ~ RIDA, a Florida Municipal Corporation, its successors,
.' ' ,C':.. -----,.----le5see5 and assigns ("GRANTOR"), in consideration of the mutual benefits,
J. a J 0 . \. covenants and conditions herein contained, did grant and convey to THE
9/1 + GRAND RESERVE AT PARK PLACE LIMITED PARTNERSHIP, a Florida limited
partnership, GRPP, INC" a Florida corporation, its general partner, their
successors, lessees and assigns ("GRANTEE"), a non exclusive easement to
install, operate and maintain in perpetuity or until the use thereof is abandoned,
such facilities as may be necessary or desirable for a landscaping and irrigation
system within unpaved areas of median islands occupying a portion of Park
Place Boulevard right-of-way being legally described in EXHIBIT "A" and
depicted in EXHIBIT "B" ("EASEMENT PREMISES") which are attached hereto
and by this reference made a part hereof.
I ~EC.ORDINl:l
\EC~~SO
Dn219
.",,\~
:'0
;:'JT
?/c
~tRT
The rights herein granted to GRANTEE by GRANTOR specifically include
all rights to install, operate and maintain such facilities in accordance with that
certain MAINTENANCE AGREEMENT entered into between the parties dated
A..V /0 , 1998, a duly executed copy of which is attached
reto as EXHIBIT "C" and by this reference made a part hereof,
::E.;:~
.':TF
'1EV
OThl~3..~~
pfj- All work to be performed and all landscaping and related facilities to be
installed and maintained, shall comply with all public safety laws of the State of
Florida, as well as applicable ordinances of the City of Clearwater, and
provisions of the Clearwater City Charter,
Any and all damage to public property or public right-of-way
improvements resulting from the construction, installation, operation,
maintenance, replacement, removal or repair of landscaping and facilities
authorized hereby, shall be diligently and continuously endeavored to be
replaced or repaired by GRANTEE at GRANTEE expense,
<-10
Documentary Tax Pd, · I
Intangible Tax Pd,
.
Karleen F. DeB r. lerk, Pinellas County
Deputy Clark
Page 1 of 4
'Iv
/ /1 ,- .-..' ~.,,--;
"'-.' .....,' 1",\ ,',",- .'
! C-(rr....' '. 'n'"
o b:I
S CD
1-" 1-"
l"1' P
l"1'OQ
CD
P-'i
CD
t<:ll
>< 'i
::rCD
1-" (')
C"O
1-" 'i
l"1'P-
CD
:P-
CJ
: :e:
1-"
ll) l"1'
l"1'::r
l"1'
ll)"O
(') 'i
::rCD
CD <:
P- 1-"
, 0
C
en
t-'
'<
/.
/ /) \', \
/.\... ") ':.' )
\.~-./
I
I PINELLAS COUNTY FLA.
OFF.REC,8~ ln14~ PC ~3
PINELLAS COUNTY FLA.
OFF.REC.8K 10172 PG 2233
The easement and other rights herein granted are not exclusive, and
GRANTOR hereby reserves unto itself and its successors and assigns the right
to utilize the Easement Property for such purposes as do not endanger or
interfere with the easement and other rights granted herein. GRANTOR shall
have the right to grant such other easements, rights or privileges to such other
persons and/or entities and for such purposes as GRANTOR in its sole
discretion may select, 50 long as such purposes do not endanger or interfere
with the easement and other rights granted herein,
IN WITNESS WHEREOF, the GRANTOR has caused these presents to
be duly executed by i.t~~er office thereunto authorized and its seal to be
hereunto affixed this ~ay of , 1998,
CITY OF CLEARWATER, FLORIDA
l
-
By:
sioner
Michael J, Roberto, City Manager
Approved as to form:
~
John Carassas
Assistant City Attorney
Attest:
. {"f/L
Page 2 of 4
I
I P INELLRS COUNTY FLR.
OFF .R~24
PINELLAS COUNTY FLA
OFF.REC.8K 10172 PG 2234
EXHIBIT A - LEGAL DESCRIPTION
{EASEMENT PREMISES}
A portion of Section 17, Township 29 South, Range 16 East,
Clearwater, Florida, being more particularly described as:
That portion of PARK PLACE BOULEVARD dedicated as public
right of way in that certain plat of Lots 2 and 3, STORZ
OPTHALMICS, INC., PARK PLACE SUBDIVISION, as recorded In
Plat Book 109, Page 11 of the Public Records of Pinellas County,
Florida,
TOGETHER WITH the northerly 294.00 feet of that certain parcel
of land conveyed by Park Place Land, Ltd., a Florida Limited
Partnership, to the City of Clearwater, in fee simple by Special
Warranty Deed dated September 19, 1995, as recorded In Official
Records Book 9119, Pages 409 . 412 of the Public Records of
Pinellas County, Florida.
Extending between Station 20+70 and Station 36+90 of Park
Place Boulevard, and containing 3.33 Acres, more or less.
Page 3 of 4
1
_--.!!~-~~--
- STA 36+90
:1 PINELLAS COUNTY FLA.
~FF .~ ~I( 1~: ':3 rc ~5
PINELLAS COUNTY FLA.
OFF.REC.8K 10172 PG 2235
EASEMENT PREMISES
.
.
.
- - - - - - - - - -
J
N
o 125 250 500
~ II t
SCALE: 1. = 250'
I
I
PARK PLACE BOULEVARD LANDSCAPE MAINTENANCE AREA
~
KIWI EIil A880C1A1E4 AC
2494~ U.$, tIgtlwoJ 19 Norlh
Cleorwoler. Florldo
(813) 791-1441
JOB NO.
1128-034-000
DATE
02-26-98
Page 4 014
EXHIBIT
B
I
( PINELLAS COUNTY FLA.
tFF ,REC.8K 10172 PG 2236
MAINTENANCE AGREEMENT
This Maintenance Agreement
1/)tL-.,rJ-'- ()~ ~
the~ day of ~ _ .' 1998, by and between THE GRAND RESERVE
AT PARK PLACE LIMITED PARTNERSHIP, a Florida limited partnership,
(the II Agreement II)
is made as of
its successors, lessees and assigns (the IIpartnershipll), in
consideration of the mutual benefits, covenants and conditions
herein contained, did grant and convey to the CITY OF CLEARWATER,
a Florida municipal corporation, its successors, lessees and
assigns (IIClearwaterll)
WIT N E SSE T H
WHEREAS, the Partnership owns the real property described in
Exhibit II All (the IIPropertyll) currently being operated as an
apartment building,
WHEREAS, Clearwater has granted an easement to the Partnership
over the property described ln Exhibit liB II
(the II Easement
Propertyll) to install, operate and maintain in perpetuity or until
the use thereof is abandoned, such facilities as may be necessary
or desirable for a new landscaping and irrigation system within
Park Place Blvd, right-of-way, by the Partnership or others (the
" Facilities") ,
WHEREAS, Clearwater has granted such easement on the express
condition that the Partnership maintain the Facilities,
I
PINELLAS COUNTY FLA.
1FF .REC.8K 10172 PG 2237
NOW THEREFORE, the parties agree as follows:
1.
Term,
This Agreement shall become effective upon the
execution and delivery hereof, and, shall remain in effect in
perpetuity or until terminated as described in Section 4,
2.
Duties of the Partnership.
The Partnership shall have t
at its sole expense, the duty to maintain or cause to be maintained
the Facilities on the Easement Property in a clean and orderly
condition includingt without limitation, all costs and expenses of
repairing, replacing and cleaning of the Facilities as needed,
3,
Sale of the Property,
In
the
event
that
the
Partnership sells or otherwise transfers the PropertYt the
Partnership shall either: (i) cause the purchasing entity to either
assume the obligations under this Agreement or enter into a
maintenance agreement with Clearwater for the maintenance of the
Facilities in form and substance acceptable to Clearwater or (ii)
at its own cost, remove the Facilities and resod the Easement
Property,
4, Early Termination. This Agreement shall terminate and
the Partnership will be relieved of all liability hereunder if
either of the two options in Section 3 are realized,
Early
termination is subject to Clearwater's written approval of either
option in Section 3, otherwise the Agreement remains in full force
and effect,
5.
Entire Aqreement.
This Agreement represents the entire
understanding and agreement between the parties with respect to the
subject matter hereof, and supersedes all other negotiations,
-2-
I
PINELLAS COUNTY FLA.
9tF.REC.8K 10172 PG 2238
understandings, and representations, if any, made by and between
such parties,
6, Amendments, The provisions of this Agreement may not be
amended, supplemented, waived, or changed orally, but only by the
parties hereto and making specific reference to this Agreement.
7, Assiqnments. The parties hereto shall not assign their
rights and/or obligations hereunder without the prior written
consent of the other party, except in connection with a sale of the
Property by the Partnership in which the Assignee/purchaser assigns
the obligations under the Contract,
8, Bindinq Effect, All of the terms and provisions of this
Agreement, whether so expressed or not, shall be binding upon,
inure to the benefit of, and enforceable by the parties and their
respective
legal representatives,
successors,
and permitted
assigns.
9 ,
Notices,
All notices, requests, consents, and other
communications required or permitted under this Agreement shall be
mailed (airmail if international) by registered or certified mail
(postage prepaid), return receipt requested, addressed to:
As to the Partnership:
c/o Del American Properties
1101 North Lake Destiny Drive
Maitland, FL 32751
Attn: Christopher DelGuidice
-3-
I
PINELLAS COUNTY FLA
fFF.REC.8K 10172 PG 2239
With a copy to:
Murai Wald Biondo & Moreno, P.A,
25 S.E, 2nd Avenue
Suite 900
Miami, FL 33131
Attn: Gerald J, Biondo, Esq,
As to Clearwater:
Public Works Administrator
City of Clearwater
P,O. Box 4748
Clearwater, FL 33758-4748
With a copy to:
City Attorney
City of Clearwater
P,O, Box 4748
Clearwater, FL 33758-4748
or to such other address as any party may designate by notice
complying with the terms of this Section, Each such notice shall
be deemed delivered on the date delivered by D,S, Mail delivery or
on the date upon which the return receipt is signed or delivery is
refused or the notice is designated by the postal authorities as
not deliverable, as the case may be, if mailed,
10, Headinqs,
The headings contained in this Agreement are
for convenience of reference only, and shall not limit or otherwise
affect in any way the meaning or interpretation of this Agreement,
11, Severability, If any part of this Agreement or any other
agreement entered into pursuant hereto is contrary to, prohibited
by, or deemed invalid under applicable law or regulation, such
prov1s10n shall be inapplicable and deemed omitted to the extent so
contrary, prohibited, or invalid, but the remainder hereof shall
not be invalidated thereby and shall be given full force and effect
so far as possible,
12. Entire Aqreement,
It is agreed by both parties hereto
that this document contains the entire agreement between the
-4-
I
PINELLRS COUNTY FLA
iFF.REC.8K 10172 PG 2240
parties as to the matters contained herein, and the agreement shall
not be modified in any respect except by an amendment in writing
signed by all parties hereto.
13, Third Parties, Nothing in this Agreement, whether express
or implied, is intended to confer any rights or remedies under or
by reason of this Agreement on any persons other than the parties
hereto and their respective successors and permitted assigns, nor
is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this
Agreement, nor shall any provision give any third persons any
rights of subrogation or action over or against any party to this
Agreement,
14, Governinq Law and Venue.
This Agreement and all
transactions contemplated by this Agreement shall be governed by,
and construed and enforced in accordance with the laws of the State
of Florida, Venue of all proceedings in connection herewith shall
be in Pinellas County, Florida,
15, Submission to Jurisdiction.
Each of the parties
irrevocably and unconditionally (a) agrees that any suit, action,
or other legal proceeding arising out of or relating to this
Agreement may be brought in the courts of record of the State of
Florida in Pinellas County or the Courts of the United States,
Middle District of Florida; (b) consents to the jurisdiction of
each such court in any such suit, action, or proceeding; (c) waives
any objection which it may have to the laying of venue of any such
suit, action, or proceeding in any of such court; and (d) agrees
-5-
I
PINELLRS COUNTY FLA.
fFF .REC.BK 10172 pG 2241
..
that service of any court paper may be effected on such party by
mail, as provided in Section 9 hereof, or in such other manner as
may be provided under applicable laws or court filed in said State,
16. Enforcement Costs,
If any legal or other proceeding,
including arbitration, is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any provisions of this
Agreement, the successful or prevailing party or parties shall be
entitled to recover reasonable attorney's fees and court costs
incurred in that action or procee:3ing, ln addition to any other
relief to which such party or parties may be entitled,
17, Remedies Cumulative, ; No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at
law or in equity or by statute or otherwise, No single or partial
exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof,
18, Counterparts,
This Agreement may be executed ln one or
more counterparts, each of which shall be deemed an original, b~t
all of which together shall constitute one and the same instrument.
Once each party to this Agreement has executed a copy of this
Agreement, the Agreement shall be considered fully executed and
effective, notwithstanding that both parties have not executed the
same copy hereof,
-6-
I
PINELLAS COUNTY FLA.
IFFF.REC.8K 10172 PG 2242
19, Indemnity and Hold Harmless,
Partnership agrees to
indemnify and hold Clearwater harmless for any and all claims,
costs or damages, as partnership may incur relat ing to this
Maintenance Agreement and the use and maintenance of said easement
granted to Partnership, except for claims, costs or damages from
Clearwater's own negligence,
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the day and year first above written,
Signed, sealed and
delivered in presence of us:
THE GRAND RESERVE AT PARK PLACE
LIMITED PARTNERSHIP, a Florida
limited partnership
i!~f!/i!le!;;fr
Vifk ~
Name: /),' ,)<<~
By: GRPP, INC., ~~.
a FI ' a corporat'
its era artn
-:J.
By:
Christoph r DelGuidice,
President
(seal)
CITY OF CLEARWATER, a Florida
municip I corporation
By:
Rita Garvey
Mayor-Commissione
Michael J. Roberto
City Manager
Attest, bu~~ c.d (j;;, C0/ok_
.Jr.I Cynt a E, Goud au :='-J
D Ci ty Clerk
-7-
I
PINELLAS COUNTY FLA.
OIF .REC.8K 10172 PG 2243
STATE OF FLORIDA
COUNTY OFt?~~~~
)
): ss.
)
The foregoing instrument was acknowledged before me this ~/
day of :t/Z-/( ,1998 by Christopher DelGuidice as president of
GRPP, I C" the general partner of THE GRAND RESERVE AT PARK PLACE
He is
as
LIMITED PARTNERSHIP, on behalf of the partnership,
personallYKnow~o me or has produced
ldem::.ificatlon.
..~'~., Donald L, Kafka
l~'i;."'f:... MY COMMISSION' CC601193 EXPIRES
-*:~. i November 24, 2000
\~ir,j..' IlOIIElllRl1llllV FAIN INSIJWICE. 111:,
ARY PUBLIC,
int name:
Commission No. :
My commission expires:
STATE OF FLORIDA )
): ss,
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared RITA GARVEY,
the Mayor-Commissioner of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me,
WITNESS my hand and official seal this 8~~day of CJu~~
1998. ~
My commissions expire:
CQ.A~~ ~- ~~
NOTARY PtlBLIC, STATE OF FLORIDA
Print name:
Commission No, :
ofl''l I>U<9 CAROLYN L, BRINK
~~<-;:. com.::ssIO;J r, CC. 463040
~~.- :;; EXi>IRES L~f;,Y 22,1999
~ ~ BOtJ!J:::~ T~lhU
Of f\..~ ATLANTIC e.ON!)INC CO., INO,
-8-
I
_ PINELLRS COUNTY FLA
I OFF .REC .8K 10172 PG 2244
STATE OF FLORIDA
ss,
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared MICHAEL J,
ROBERTO, City Manager of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me,
WITNESS my hand and official seal this ~ day of ~
1998,
C~ of. ~
NOTARY P BLIC, STATE OF FLORIDA
Print name:
Commission No. :
My commission explres:
STATE OF FLORIDA
ss.
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared CYNTHIA E.
GOUDEAU, City Clerk of the City of Clearwater, Florida, who
executed the foregoing instrument and acknowledged the execution
thereof to be her free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and official seal this g~ay of
1998,
My commission expires:
r
(! ~ Yl~
NOTARY ~ STATE OF FLORIDA
Print name: ,1.lf,. CAROL'fNL BA K
C . . ""Jt~ ,- . IN
ommlSSlon l~. ~ N'\ln~9~10N It CC ~83949
~ !5 EX?IRES MAY 22,1999
~ ~ 8ONOEO THRU
OF f\.~ ATtANTlC BONDING co., INC.
APPROVED AS TO FORM:
~
John Carassas
Assistant City Attorney
-9-
. UNTY FLA.
PINELLAS 1~~72 PG 2245
I OFF .REC .8K
r-
I "
r.J~ II
10
IV
L___;J .
(---- .,
" Ii
~~ I
r---....
I
I
I
I II
I
I
I
I
. I
C ~
~ .
I!!- :
.51
;~
OC .
ol I
i !
./
j
PINELLAS COUNTY FLA
, OFF. REC . BK 10 172 PG 2246
..- PlIO It ..l
--------
STA 36+90
EASEMENT PREMISES
- - - - - - - - - -
N
o 125 250 500
~ j I
SCALE: ,. = 250'
PARK PLACE BOULEVARD LANDSCAPE MAINTENANCE AREA
M
KIWI E1H1IIEEIIIitI A88OC1A 1E4 1M:
24945 V,S. taghwaJ 19 Nor"
Clear.aler. Florldo
(813) 791-1441
JOB NO,
1128-034-000
DATE
02:-26-98
EXHIBIT
B
.,' ~ '
I
I PINELLAS COUNTY FLA.
~F.REC.8K 10172 PG 2247
EXHIBIT B . LEGAL DESCRIPTION
{EASEMENT PREMISES}
A portion of Section 17, Township 29 South, Range 16 East,
Clearwater, Florida, being more particularly described as:
That portion of PARK PLACE BOULEVARD dedicated as public
right of way in that certain plat of Lots 2 and 3, STORZ
OPTHALMICS, INC., PARK PLACE SUBDIVISION, as recorded in
Plat Book 109, Page 11 of the Public Records of Pinellas County,
Florida,
TOGETHER WITH the northerly 294.00 feet of that certain parcel
of land conveyed by Park Place Land, Ltd., a Florida Limited
Partnership, to the City of Clearwater, in fee simple by Special
Warranty Deed dated September 19, 1995, as recorded in Official
Records Book 9119, Pages 409 . 412 of the Public Records of
Pine lias County, Florida.
Extending between Station 20+70 and Station 36+90 of Park
Place Boulevard, and containing 3.33 Acres, more or less.