BAY PARK EXECUTIVE CENTER LLCRELEASE AND TERMINATION OF RESTRICTIONS
THIS RELEASE AND TERMINATION OF RESTRICTIONS (the "Release ") is made
on arcs io , 2014, by BAY PARK EXECUTIVE CENTER, LLC, a Florida limited liability
company, as successor in interest in Bay Park Center, Inc., a Florida corporation ( "Owner ") and
the CITY OF CLEARWATER, a municipal corporation ( "City ").
RECITALS
WHEREAS, as an apparent condition to approval for the development of the real
property described on Exhibit A attached hereto and incorporated by this reference (the
"Property "), Bay Park Center entered into those certain restrictions dated June 27, 1973 and
recorded in the official records of Pinellas County at O.R. Book 4051, page 1874 (the
"Restrictions ");
WHEREAS, the City accepted the Restrictions at a public hearing on July 5, 1973 and
thereafter recorded the Restrictions;
WHEREAS, the Owner has applied for and received a land use plan amendment for the
Property rendering the Restrictions in conflict with the future land use category;
WHEREAS, the Owner and City have determined the Restrictions are no longer
necessary to protect the Property;
WHEREAS, paragraph 3 of the Restrictions requires written consent of the City, after a
public hearing on the subject, for any exception, variant or termination of the Restrictions;
WHEREAS, the City Council held a duly noticed public hearing on February 20, 2014, at
which it approved by motion the release and termination of the Restrictions;
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner
hereby releases the Property described in Exhibit "A" attached hereto and made a part hereof
(together with all buildings and improvements located thereon), from all terms, conditions,
agreements and covenants contained in the Restrictions, including, without limitation, the use
restriction contained in Paragraph 2. The City hereby affirms and agrees that: (a) no provision,
term, covenant or condition in said Restriction remains in effect as of the date hereof; and (b) the
City claims no right, title or interest of any kind or nature in said Property or the improvements
located thereon. This Release is executed in favor of the Owner and may be relied on by the
Owner and any successor to the Owner in title to the Property.
City.
THIS RELEASE has been executed as of the above - written date by the Owner and the
[Remainder of Page Intentionally Blank]
2
(SIGNATURE PAGE TO RELEASE AND TERMINATION OF RESTRICTION)
IN WITNESS WHEREOF, Holder has executed this Agreement on the day and year first
above written.
STATE OF FLORIDA
COUNTY OF p, ne I IaS
OWNER: BAY PARK EXECUTIVE
CENTER, LLC, a Florida limited liability
company
By:
Print Name:
Title:
Executed: ' ' F'� r'C t1 (/- � , 2014
The foregoing instrument was acknowledged before me on dearth 2014, by
1-1 u. owl Y41) , as Manager of Bay Park Executive Center, LLC, a Florida limited
liability company, h behalf of such entity. Such person is personally known to me or has
produced a valid driver's license as identification.
NOTARY PUBLI — STATE OF FLORIDA
My Commission Expires:
3
(SIGNATURE PAGE TO RELEASE AND TERMINATION OF RESTRICTION)
Approved as to Form:
Leslie K. Dom - i . es
Assistant Cit �! orney
CONSENT TO RELEASE
CITY OF CLEARWATER, FLORIDA
By: ill �c a,�-w �. 47Z
Attest:
William B. Home II,
City Manager
Rosemarie Call, City Clerk
Countersigned:
Gt 604..elCnt i4tei
George N. Cretekos, Mayor
4
EXHIBIT A
Legal Description
North 155.91 feet of the East 350 feet of the North 1
of the South h of the Northeast 1 of the Southeast k,
less Road light-of -Vay; all of the above being and lying
in Section 19, Township 29 South, Range 16 East, Pinellas
County, Florida;
Sometimes lescribed as:
A tract lying in the Southeast 14 of section 19, Township
29 South, Range 16 East, Pinellas County, Florida, aaid
tract being described as follows:
From the Northeast corner of the Southeast k of Section 19,
Township 29 South, Range 16 East, run North 89 deg. 28'57"
West along the North boundary of the Northeast k of the
Southeast 1 of said Section 19 a distance of 100.00 feet;
run thence South 01 deg. 26'51" West along the hest right --of-
way line of U.S. Highway 19 $ distance of 671.39 feet to
a Point of Beginning; from said Point of Beginning run
thence North 89 deg. 26'19" Vest a distance of 249.89 feet;
run thence South 01 deg. 31'16" Vest a distance of 155.91
feet; run thence South 89 deg. 27'15" East a distance of
250.08 feet to the Vest right- of-way liee of U.S. Righway
19; run thence along said West right-of-way line North
01 deg. 26'51" fast a distance of 155.91 feet to the
Point of Beginning.
5163230v1