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FLORIDA SPINE PROPERTIES LLCRETURN TO: Rhonda Librado, Practice Administrator Florida Spine Properties, LLC 2250 Drew Street Clearwater, FL 33765 SPECIAL WARRANTY DEED THIS INDENTURE made this LNO day of November, 2018, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida whose mailing address is 112 South Osceola Avenue, Clearwater, Florida 33756, (herein, "Seller"), and the FLORIDA SPINE PROPERTIES, LLC, a Florida limited liability company whose mailing address is 2250 Drew Street, Clearwater, Florida 33765 (herein, "Buyer). WITNESSETH, that Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by Buyer, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed unto the Buyer, and to its successors and assigns forever, all of the following piece, parcel, lot or tract of land, situate, lying and being in the County of Pinellas and State of Florida, and described more particularly as follows, to wit: See Exhibit "A" attached hereto and by this reference, incorporated herein (herein, the "Property"). TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or appertaining, and every right, title or interest, legal or equitable, of the said party of the first part in and to the same subject to the restrictions herein. The Property hereby conveyed shall be subject to the following covenants and restrictions: (1) The property must generate ad valorem tax revenue free from exemptions. Alternatively, an otherwise tax-exempt purchaser shall enter into a PILOT agreement for all city portions of real property taxes, tangible property taxes, utility taxes and any other applicable taxes; and (2) The Buyer shall be required to expend at least $50,000 within the first year of Buyer's ownership, $50,000 within the second year of Buyer's ownership and $200,000 within the third year of Buyer's ownership toward capital improvements on the Property. For the purposes of this requirement, the first year is considered to begin on the effective date hereof ("Effective Date") and to end on the one-year anniversary of the Effective Date, the second year is considered to begin on the day following the one-year anniversary of the Effective Date and to end on the two-year anniversary of the Effective Date, and the third year is considered to begin on the day following the two-year anniversary of the Effective Date and to end on the three-year anniversary of the Effective Date. Any excess amounts expended by Buyer in a particular year of ownership which are above the applicable requisite amount described in this Paragraph shall apply to the succeeding anniversary year to reduce the requisite amount due in such succeeding anniversary year accordingly. For the purposes of determining whether the Buyer has satisfied this capital improvement requirement, it shall be sufficient for Buyer to expend the requisite amount of monies toward any improvement of the physical condition of the Property whatsoever (including, without limitation, replacement or upgrade of any structural, cosmetic, electrical, plumbing, interior or other aspects, systems or features of the Property), and for Buyer to provide Seller with copies of receipts describing the amount and nature of the capital improvements. Further, Buyer is required to commence capital improvements within the first year of Buyer's ownership; however, such capital improvements are not required to be completed within the timeframes described above, and it shall be sufficient for Buyer to simply enter into legally binding contracts or agreements with one or more third -parties performing the capital improvements which, in the aggregate, require that Buyer expend at least the requisite amount of monies provided herein; provided however, that within five years of the closing date, Buyer completes capital improvements to the Property intended by the expenditures required herein. If Buyer fails to expend the required amounts towards capital improvements as required herein, Seller has the right, at its sole discretion, to repurchase the Property from Buyer at a purchase price equal to $1,415,000.00, payable in cash at closing. Buyer, upon the request from Seller, shall forthwith reconvey the Property to Seller via special warranty deed. Upon Buyer expending the applicable amounts towards capital improvements as required herein, Buyer shall request and then Seller shall execute an affidavit confirming same and record such affidavit in the Public Records of Pinellas County, Florida. TO HAVE AND TO HOLD, the same, unto the said party of the second part, its heirs and assigns, to its own proper use, benefit and behoof forever in fee simple. AND the Seller hereby covenants with the Buyer that the Seller is lawfully seized said land in fee simple; that the Seller has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Seller, but not otherwise; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017 and encumbrances as reflected in those certain documents recorded in Book 5005, Page 1341; Book 5632, Page 452; Book 5280, Page 882; and Book 5421, Page 1621 of the Public Records of Pinellas County, Florida. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: ido;U.„, l4 • kia‘vw-ar George N. Cretekos, Mayor William B. Horne, II, City Manager Approved as to form Attest: 00 A T14) 8.4" 0'; --<tt .�►- .v )0,Luitalu atel Michael Fuino, Assistant City Attorney Rosemarie Call, City Clerk STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared George N. Cretekos, the Mayor 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. W NSS my hand aald offir9'al seal this day of November 2018. Notary Public — Sta of Florid Print/type name: 7 c.,, / 6:96ut- STATE OF FLORIDA : ss COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared William B. Horne, II, the 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 .,1 nom^ day of November 2018. Notary Public — Sta a • orida Print/type name: 5 coir --"gUv tDS Scott Burrows CION1G I11Th October 1, bon Bonded ihu Area Nolry J:\F\Florida Spine Institute\2251 Drew Sale Documents\SPEC WARR DEED - CITY TO FL SPINE-MFapproved-9-20-18.1 b.doc /v. rs This is not a survey NW Corner of the NW of the NW of Section 18, Township 29 South, Range 16 East EXHIBIT "A" S89°22'51"E 553.20' S 89° 22' S1"E 553.20' 7._ 3 I '^ o _ _ _ _ 00o -v O Metes and ° N 0 Bounds ooh Cr 22/04 v' L._.1 Metes and Bounds22/05 I U m 1 Legal Description (OR Book 5280, Page 892): Library Site Legal Description ken 0 oo 0c o M o ^' z S 00° 18' 05" W 50.00' Point of Beginning Library Site S 89° 22' 51" E 220.00' 2251 Drew Street Metes and Bounds 22/03 N 89° 22' 51" W 220.00' S89°22'51"E 220.00' - Drew Street V N 89° 22' 51" W 220.00' From the NW Corner of the NW } of the NW } of Section 18, Township 29 South, Range 16 East, thence S 89° 22' 51" E, along the centerline of Drew Street, 553.20 feet; thence S 00° 18' 05" W, 50.00 feet to a POINT OF BEGINNING; thence S 89° 22' 51" E, 220.00 feet; thence S 00° 18' 05" W, 220.00 feet; thence N 89° 22' 51" W, 220.00 feet; thence N 00° 18' 05" E, 220.00 feet to the POINT OF BEGINNING. Containing 1.111 Acres, more or less. 0.7 +1- Acres From the NW Corner of the NW } of the NW } of Section 18, Township 29 South, Range 16 East, thence S 89° 22' 51" E, along the centerline of Drew Street, 553,20 feet; thence S 00° 18' 05" W, 270.00 feet to a POINT OF BEGINNING; thence S 89° 22' 51" E, 220.00 feet; thence S 00° 18' 05" W, 138.60 feet; thence N 89° 22' 51" W, 220.00 feet; thence N 00° 18' 05" E, 138.60 feet to the POINT OF BEGINNING. Containing 0.700 Acres, more or less. Metes and Bounds 22/02 CITY OF CLEARWATER ENGINEERING DEPARTMENT DRAWN BY Lee Cheek CHECKED BY Tom Mahony East Library 2251 Drew Street Legal and Sketch Lg1_2018-04 SHEET 1 OF 1 SECT—TWNSP—RNG 18 — 29S — 15E DATE DRAWN 2/7/18 /