COMMUNITY REDEVELOPMENT AGENCY INTERLOCAL AGREEMENT RE MEDITERRANEAN VILLAGE
I
I
February 22,2002
INTERLOCAL AGREEMENT
(Mediterranean Village)
This INTERLOCAL AGREEMENT (the "Agreement"), made and entered into as of this
7th day of March, 2002, by and between the COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of
Florida (the "Agency"), and the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City").
WIT N E SSE T H:
WHEREAS, it is the purpose and intent of this Agreement, the parties hereto, and the
Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida
Statutes (the "Cooperation Act"), to permit the Agency and the City to make the most efficient
use of their respective powers, resources and capabilities by enabling them to cooperate on the
basis of mutual advantage and thereby to provide the property, facilities and services provided
for in this Agreement in the manner that will best accord with the existing and anticipated
resources available to each of them and with geographic, economic, population and other factors
influencing the needs and developments within the downtown community redevelopment area in
the corporate limits of the City and the area of operation of the Agency; and
WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the
Agency and the City may exercise their respective powers, privileges and authorities which they
share in common and which each might exercise separately; and
WHEREAS, the Agency is responsible for the implementation of the redevelopment plan
for the redevelopment, rehabilitation and improvement of the community redevelopment area in
the City; and
WHEREAS, the City and the Agency desire to have an approximately 5-acre site located
in the community redevelopment area in the downtown area of the City (the "Project Site")
redeveloped and rehabilitated by private sector development; and
WHEREAS, the City and the Agency are willing to cooperate and provide assistance to
each other and, to the extent permitted by law, assist the private development of the site, all in
such means and manner as will promote the rehabilitation and redevelopment of the community
redevelopment area, benefit the local economy, and be of substantial benefit to the Agency and
the City; and
~
Q r~
I /~)
\
rA
I
I
WHEREAS, the Agency proposes to exercise its powers available under Part III, Chapter
163, Florida Statutes, as amended (the "Redevelopment Act"), to aid, assist and cause the
acquisition of the Project Site and make it available for sale, in whole or in part, to private sector
developers, and to aid, assist, and cause the development, design, and construction of a
residential project thereon consisting of 100 residential townhouse fee simple units together with
a swimming pool and community center and certain infrastructure improvements (the "Project");
and
WHEREAS, the Agency published on October 22, 1999, a Request for Proposals
soliciting proposals from private parties for the redevelopment of the Project Site (the "RFP"),
and as a result of that RFP the Agency accepted the proposal of The Balk Company, Inc.
("Balk"), dated November 22, 1999, to develop or cause the development of Mediterranean
Village on the Project Site, and the Agency intends to enter into an Agreement for Development
and Disposition of Property (the "Development Agreement") with Balk; and
WHEREAS, in order to enter into the Development Agreement and be able to carry out
its obligations thereunder, it is necessary for the Agency to obtain certain assurances,
representations, and obligations from the City, including the City agreeing to the construction
and installation of certain infrastructure improvements on or about the Project Site and
conveyance by the City to Agency of certain property; and
WHEREAS, the City is desirous and willing to assist the Agency with the redevelopment
of the Project Site by agreeing to exercise its best reasonable efforts in good faith to permit the
development of the Project in a timely and efficient manner; and
WHEREAS, the acquisition, construction, and use of the Project complies with and will
further the purposes of the Plan and the Redevelopment Act; and
WHEREAS, but for the mutual undertakings hereunder by the parties to this Agreement,
it would be necessary for either the City or the Agency, acting individually, to provide all the
financing, pledge all the security and take actions required, permitted or necessary for the
designing, acquisition, and construction of the Project, but as provided in the Cooperation Act,
each has elected to pursue jointly and collectively these separate actions, all in accordance with
the intent and purpose of the Cooperation Act permitting units of local government to, among
other things, provide from their revenues, assets and other resources the financial and other
support for the purposes set forth in interlocal agreements; and
WHEREAS, the Agency and the City intend by this Agreement to more fully establish
the joint and several obligations, duties and responsibilities of the Agency and the City to
develop or cause the development of the Project, to provide a means and method for a
cooperative venture by the parties, and to provide a means and method to pay certain costs of the
Project, in order to further the purposes stated herein; and
2
I
I
WHEREAS, the City and the Agency recognize the special and unique role of the
Agency in making the Project possible, including the Agency entering into the Development
Agreement, and intend by this Agreement to support, encourage and assist the Agency in
developing the Project to completion and use;
NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the
Agency and the City agree as follows:
ARTICLE 1
AUTHORITY
1.1 Authority. This Agreement is entered into pursuant to the provisions of Section
163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163 Florida Statutes;
Chapter 166, Florida Statutes; Resolution No. 81-68 of the City adopted on August 6, 1981, and
other applicable provisions of law, all as amended and supplemented from time to time.
ARTICLE 2
DEFINITIONS
2.1 Definitions. As used in this Agreement, the following terms, when initially
capitalized, shall have the following meanings:
(1) "Act" means Section 163.01, Florida Statutes, Part III, Chapter 163, Florida
Statutes, Chapter 166, Florida Statutes, Resolution No. 81-68 of the City adopted on August 6,
1981, and other applicable provisions of law, all as amended and supplemented.
(2) "Agency" means the Community Redevelopment Agency of the City, as created i
by Resolution No. 81-68 of the City, adopted by the City Commission on August 6, 1981,
including any amendments thereto, and any successors or assigns thereto which can exercise
redevelopment powers.
(3) "Agreement" means this Interlocal Agreement between the Agency and the City,
including any amendments, revisions and exhibits thereto.
(4) "Agreement Termination Certificate" means the instrument executed by the
parties hereto as provided in Section 10.5 that this Agreement has been terminated prior to its
Expiration Date, the form of which is attached hereto as Exhibit "D."
(5) "Area" means the area located within the corporate limits of the City having
conditions of slum and blight (as those conditions are defined in the Act) as found by the City
Commission in Resolution No. 81-67 adopted by the City Commission on August 6, 1981.
(6) "Authorized Representative" means the person who is the duly authorized and
designated representative of the City or the Agency, respectively, as provided in Section 3.4
hereof.
3
rfJ
I
I
(7) "Building Permit" means, for all or any part of the Project to be constructed on the
Site, any permit issued by the City authorizing, allowing and permitting the commencement,
prosecution and completion of construction to the extent provided in said permit.
(8) "City" means the City of Clearwater, Florida, a Florida municipal corporation,
and any successors or assigns.
(9) "City Engineer" means the person employed by the City and designated as the
City Engineer or who performs the duties customarily exercised by the City Engineer.
(10) "Closing Date" means the dates established as provided in the Development
Agreement when title to Stage I, Stage II, or Stage III of the Project Site is conveyed by the
Agency to the Developer.
(11) "Developer" means The Balk Company, Inc., a Florida for-profit corporation, and
its successors or assigns.
(12) "Development Agreement" means the Agreement for Development and
Disposition of Property (Mediterranean Village), dated as of February 4, 2002, between the
Agency and the Developer, providing for the sale of the Project Site to the Developer by the
Agency, and for the development, design, construction, and use of the Project on the Project Site,
including any exhibits, amendments, addenda, and appendices thereto and replacement or
successor agreements thereto.
(13) "Effective Date" means the date on which this Agreement becomes effective as
provided in Section 11.12 hereof.
(14) "Expiration Date" means the date on which this Agreement expires by its own
terms and is no longer of any force and effect as provided in Section 11.7 hereof.
(15) "Governing Body" means, in the case of the Agency, the governing body of the
Agency, and the City Commission of the City in the case of the City, or any successor board,
commission or council thereto.
(16) "Infrastructure Improvements" means the improvements to be designed,
constructed, and installed by the Agency or caused to be designed, constructed and installed by
the Agency in substantial accordance with the Infrastructure Improvements Plans and.
Specifications on the Project Site, including relocation of certain utilities, and construction of the
Town Pond and surrounding park
(17) "Infrastructure Improvements Completion Certificate" means the instrument
executed by the Agency certifying that design, construction, installation and equipping of the
Infrastructure Improvements are substantially complete and usable for the purposes contemplated
by this Agreement and the Development Agreement and setting forth the date of such substantial
4
IP
I
I
completion, the form of which is attached hereto as Exhibit "C."
(18) "Infrastructure Improvements Completion Date" means the date on which the
construction, installation or equipping of substantially all of the Infrastructure Improvements has
been substantially completed in accordance with the Infrastructure Improvements Plans and
Specifications.
(19) "Infrastructure Improvements Plans and Specifications" means the plans and
specifications pertaining to the Infrastructure Improvements, including the schedule for
undertaking and completing such improvements and the sequencing of the work.
(20) "Mediterranean Village Project" means the project to be developed on the Project
Site consisting of 100 residential townhouse fee simple units together with a swimming pool and
community center.
(21) "Plan" means the community redevelopment plan for the Area, including the
Project Site, as adopted by the City Commission on August 17, 1995, by enactment of its
Resolution 95-65, and including any amendments to the Plan.
(22) "Project" means, collectively, the Infrastructure Improvements and the
Mediterranean Village Project and any other components, structures, improvements, activities
within the Project Site or appurtenant thereto, all as provided in the Development Agreement.
(23) "Project Professionals" means any firm of architects, attorneys, brokers,
engineers, consultants, planners, construction managers or any other persons, or combination
thereof, retained or employed by the Developer with primary responsibility for the planning,
design, construction, permit applications, and completion of the Project.
(24) "Project Site" means the approximately 5-acre parcel of real property located in
the Area, all as more particularly described in Exhibit "A."
(25) "Proposal" means the proposal for redevelopment of the Project Site, dated
November 22, 1999, submitted by the Developer to the Agency.
(26) "Purchase Price" means the amount to be paid by the Developer to the Agency to
acquire the Site.
(27) "Request for Proposals" or "RFP" means the Request for Proposal published by
the Agency on October 22, 1999, soliciting proposals from persons interested in redeveloping the
Project Site in accordance with the Act and the Plan.
(28) "Site Plan" means the depiction and description of the Project on the Project Site
as provided in the Development Agreement.
(29) "Termination Date" means the date on which this Agreement is terminated by any
party hereto as provided in Section 10.5, as evidenced by the Agreement Termination Certificate
5
Nl
rf:l
I
I
described therein.
(30) "Unavoidable Delay" means those events constituting excuse from timely
performance by a party hereto from any of its obligations hereunder, as such events are defined
in and subject to the conditions described in Section 7.9 hereof.
2.2 Use of Words and Phrases. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Unless the context
shall otherwise indicate, the singular shall include the plural as well as the singular number, and
the word "person" shall include corporations and associations, including public bodies, as well as
natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and
other equivalent words refer to this Agreement and not solely to the particular portion thereof in
which any such word is used. The words "party" or "parties" when referring to the initial
signatory parties to this Agreement shall also mean and include any successor or assign of such
party, but does not include the Developer. References to "Agency" and "City" may refer to and
include the Authorized Representative thereof designated in accordance with Section 3.4 to the
extent the Agency or City has authorized its authorized representative to act on its behalf.
2.3 Florida Statutes. Any and all references herein to the "Florida Statutes" are to
Florida Statutes (2001), as amended by any session law enacted during any regular or special
session of the Legislature of the State of Florida convening subsequent to the Effective Date, and
which become law in accordance with the Constitution of the State of Florida.
2.4 Development Agreement Definitions Incorporated. Any initially capitalized term
or phrase in this Agreement which is not defined in this Article 2 or elsewhere in this Agreement,
shall have the meaning ascribed to it in the Development Agreement.
ARTICLE 3
PURPOSE, FINDINGS, INTENT
3.1 Purpose. The purpose of this Agreement is to induce, encourage and assist the
redevelopment of the Area through assistance and cooperation in the development of the Project
on the Project Site, including the conveyance of the City Property to the Agency and the design,
acquisition, construction and equipping of the Infrastructure Improvements by the City. It is also
the purpose of this Agreement to define and delineate the responsibilities and obligations of the
parties to this Agreement, and to express the desire of the parties to cooperate together to
accomplish the purposes and expectations of this Agreement.
3.2 Findings. It is hereby ascertained, determined, declared and found by the parties
hereto that:
(1) The Area (in which is located the Project Site) contains one or more slum and
blighted areas and that the rehabilitation or redevelopment of the Area (including specifically the
Project Site) is necessary in the interest of the public health, safety, morals and welfare of the
residents of the City;
6
I
I
(2) The Project Site is of significance to the Area and represents an area with a
substantial impact and effect on the Area in terms of its location, size, prominence and proximity
to the downtown core.
(3) It is a necessary and appropriate exercise of the redevelopment powers available
to the Agency to provide such assistance as is reasonably necessary to cause the redevelopment
of the Project Site so it will be a significant residential development in the Area and will enhance
the quality of life and the aesthetic and useful enjoyment of the downtown area of the City by the
eradication of the conditions of slum and blight found there, all in accordance with and in
furtherance of the Act as implemented by the Plan.
(4) The redevelopment of the Project Site requires and will not be undertaken or
completed successfully without assistance provided to a private developer by the Agency
exercising its powers under the Act, and the Agency has solicited proposals from private parties
in order to obtain a developer to carry out the redevelopment required for successful
redevelopment and rehabilitation of the Project Site.
(5) The development of the Project is appropriate to the needs and circumstances of,
and shall make a significant contribution to, the economic growth of the area of operation of the
Agency, and shall serve a public purpose by, among other things, advancing the economic
prosperity, the public health and general welfare of the State and its inhabitants, and promoting
the rehabilitation of the City and eliminating and preventing the creation and spread of blighted
areas in the area of operation ofthe Agency and the corporate limits of the City.
(6) The Developer's proposal in response to the Agency's RFP for redevelopment of
the Project Site conforms to the provisions of the Act, is consistent with and furthers the
objectives of the Plan, is responsive to the RFP, was timely received by the Agency, provides for
redevelopment of the Project Site in a manner acceptable to the parties, and is in the best interests
of the citizens ofthe City by providing for the redevelopment of Project Site in a manner deemed
necessary, appropriate and beneficial to the redevelopment of the Area.
(7) The Developer's request for assistance from the Agency in the development of the
Project, including the conveyance of the Site to the Developer and the design, construction and
installation of the Infrastructure Improvements, as set forth in the Development Agreement, is
appropriate, reasonable and necessary in order to induce, encourage, assist, and cause the
redevelopment of the Project.
(8) The Agency is authorized and empowered under the Act to enter into the
Development Agreement and cause the development of the Project as provided therein.
(9) The City is authorized under the Act to convey the Site to the Agency for the
purpose of the Agency conveying the Site to the Developer for construction and installation of
the Project in accordance with the Act and the Development Agreement.
7
~
I
I
3.3 Intent.
(1) It is the intent of the parties to efficiently, effectively and economically cause the
successful development of the Project in order to redevelop, rehabilitate and improve the Project
Site, specifically, and the conditions in the Area, in general, implement the Plan, and otherwise
further the purposes of the Act.
(2) It is further the intent of the parties that the Developer shall acquire the Site, and
shall design and construct the Project thereon substantially in accordance with the requirements
of the Development Agreement.
(3) The parties intend that no later than when the Agency is required under the
Development agreement to sell the Stage III properties to the Developer the City will have
conveyed its portion of such property to the Agency.
(4) The parties also intend that the Infrastructure Improvements Plans and
Specifications and the Project Plans and Specifications will be reviewed as expeditiously as
possible and, without abrogating any of its governmental powers, the City will cooperate in
approving such plans and specifications and issuing such Building Permits as are necessary for
development of the Project.
3.4 Authorized Representative.
(a) Each party may from time to time designate one or more individuals to be its
Authorized Representative to act on its behalf to the extent of the grant of any authority to such
representative. Written notice of the designation of such a representative (and any subsequent
change in the Authorized Representative) shall be given by the designating party to the other
party in writing in accordance with the procedure set forth in Section 11.9 hereof. The written
notice of the Authorized Representative shall indicate the authority that may be exercised by the
Authorized Representative.
(b) Except as otherwise expressly provided in this Agreement, whenever approval or
action by the City or the Agency is required by this Agreement, such action or approval may, in
the discretion of the party considering such approval or action, be taken or given by the
Authorized Representative thereof. A party to this Agreement may rely upon the representation
of the other party's Authorized Representative that such person has the requisite authority to give
the approval or take the action being done by that Authorized Representative. A party may not
later deny that its Authorized Representative had the authority represented to and relied upon by
the other party or revoke or deny any action taken by such Authorized Representative which was
relied upon by the other party
3.5 Development ofProiect.
(1) The Agency published a Request for Proposals from private persons interested in
redeveloping the Project Site in accordance with the Plan. The Agency received the Proposal
8
r$J
i
II
from the Developer, accepted it, and entered into the Development Agreement with the
Developer, which sets forth the respective rights, duties and obligations ofthe parties thereto.
(2) The parties to this Agreement recognize and agree that the successful
development of the Project, including the Infrastructure Improvements, requires the Agency and
the City to take certain actions. The Agency has covenanted in the Development Agreement to
exercise its best reasonable efforts to take those actions and to urge the City to take those actions
by it which are essential to the successful development of the Project. The City agrees to
exercise its best reasonable efforts to the extent permitted by law to do those things and take such
actions as are needed by it for the Project to be successfully developed.
ARTICLE 4
LAND USE REGULATION
4.1 Zoning.
On the Effective Date, the zoning classification for the Project Site is Downtown,
abbreviated as "D." The parties recognize and acknowledge that the zoning classification of the
Project Site as of the Effective Date does permit development of Stage I, Stage II and Stage III
on the Site. The City does hereby agree with the Agency that it will not initiate any rezoning of
the Site so as to prevent subsequent development of Stage I, Stage II or Stage III to the extent
and for the uses currently contemplated by the Development Agreement.
4.2 Development of Regional Impact.
The parties hereto acknowledge and agree that the Project is not a "development of
regional impact" as described in Section 380.06, Florida Statutes, and is not subject to review as
provided in that statute and applicable rules promulgated by the state and regional governmental
agencies.
4.3
Governmental Capacity; Established Procedures.
~
(1) The City's duties, obligations, responsibilities and covenants under this
Agreement shall not affect the City's rights, duties, obligations, authority and power to act in its
governmental and regulatory capacity in accordance with applicable laws, ordinances, codes or
other building or project regulations, provided that the City agrees with the Agency to act
reasonably and not impose any undue or extraordinary requirements or regulatory procedures on
the Project which are not applicable to projects of a similar size and nature.
(2) Notwithstanding any other provision of this Agreement or the Development
Agreement, any permitting, licensing or other regulatory approvals by the City shall be subject to
the established procedures and requirements of the City with respect to review and permitting of
a project of a similar or comparable nature, size or scope. In no event shall the City be required
by any provision of this agreement to take any action concerning regulatory approvals except
through its established processes and in accordance with applicable provisions of law.
9
rj:)
I
I
4.4 Concurrency.
The parties hereto recognize and acknowledge that Florida law (specifically, Part II,
Chapter 163, Florida Statutes, and Rule 91-5, Florida Administrative Code, collectively the
"Growth Management Act") impose restrictions on development if adequate public
improvements are not available concurrently with that development to absorb and handle the
demand on public services caused by that development. As of the Effective Date, the parties
agree that the Project, as proposed by the Developer in the Proposal and the Development
Agreement, does not generate sufficient traffic or other impacts as to be adversely affected by the
City's concurrency management requirements.
4.5 Permits.
(1) As provided in the Development Agreement, the Developer shall prepare and
submit to the appropriate governmental authorities, including the City, the applications for any
and all necessary Permits for the construction, installation and completion of the Project and
shall bear all costs of preparing such applications, applying for and obtaining such permits, and
the Agency shall payor cause to be waived the payment of any and all applicable application,
inspection, regulatory and impact fees or charges except as otherwise provided in this
Agreement.
(2) The Agency has agreed in the Development Agreement to cooperate with the
Developer in obtaining all necessary Permits required for the construction, installation and
completion of the Project.
(3) The Agency agrees to pay the cost of any City Permits required for the
construction, installation and completion of the Project, including any Impact Fees. The City
agrees that to the extent permitted by law and in its discretion it may waive the payment of any
such fees in lieu of payment by the Agency. The Agency agrees to pay the agreed upon amount
of $100,000 in satisfaction of the Stormwater buy in fee established in Resolution 99-43 on
behalf of the Project. The Agency agrees to pay all such fees as provided in Exhibit E hereto.
ARTICLE 5
PLANS AND SPECIFICATIONS
5.1 Site Plan.
(a) The parties acknowledge that the Developer has prepared a preliminary Site Plan,
a copy of which is attached hereto as Exhibit "B," that contemplates development of the Project
consistent with the Proposal and the current zoning classification for the Site. The Developer has
agreed in the Development Agreement that during the term of that Agreement any material
changes to the preliminary Site Plan or any subsequent versions of the Site Plan will be
submitted to the Agency for approval.
10
rP
I
I
(b) The Site Plan approved by the Agency shall be the basis for and incorporated into
the Project Plans and Specifications.
5.2 Preparation of Plans and Specifications.
(I) As provided in the Development Agreement, the Developer shall prepare, or cause
to be prepared, the Project Plans and Specifications in sufficient detail and description of the
Project, both narratively and graphically, to allow the Agency the opportunity to determine if
those plans and specifications are consistent with the Proposal, the Site Plan and the Plan,
compatibility with the remainder of the Area, the quality of the materials and construction of the
Project within the scope of review set forth in the Development Agreement.
(2)(a) The City does hereby consent to the preparation of the Project Plans and
Specifications, and any revisions thereto, by the Project Professionals, and the City will not
withhold approval of the Project Plans and Specifications because they were prepared by the
Project Professionals. The City hereby acknowledges and agrees that the selection of the Project
Professionals was and is the sole responsibility of, and within the discretion of, the Developer,
and the City will not participate, and has not previously participated, in such selection by the
Developer.
(b) The parties hereto mutually acknowledge and agree the Project Professionals are
not, individually or collectively, agents or representatives, either expressed or implied, of the
City or the Agency.
5.3 Review ofProiect Plans and Specifications.
The Development Agreement requires the Developer to prepare (or have
prepared) the Project Plans and Specifications, which are submitted to the Agency for review and
comment as provided in the Development Agreement and are submitted to the City for review
under the Land Development Code of the City and applicable ordinances, codes and policies of
the City acting in its governmental and regulatory capacity. The City agrees with the Agency
that it will promptly, diligently and in good faith review and act upon the Plans and
Specifications when received from the Developer. The City covenants and agrees to approve any
Project Plans and Specifications submitted to it which are in substantial compliance with
applicable ordinances, codes and policies and further agrees to promptly issue the Permits for
each part of the Project when the requirements for such permits have been satisfied by the
Developer.
5.4 Coordination with City Review. The City agrees to use its best efforts to coordinate
and expedite its review of the Project Plans and Specifications, and any part thereof, with any
review or approvals by the City.
5.5 Preparation of Infrastructure Improvements Plans and Specifications.
11
f.l
t
I
The City shall be responsible for the preparation of the Infrastructure Improvements Plans
and Specifications. The City shall submit the preliminary Infrastructure Improvements Plans and
Specifications to the Developer for review and comment prior to completion of such Public
Improvements Plans and Specifications.
ARTICLE 6
PROJECT SITE
6.1 Ownership of the Proiect Site. As of the Effective Date, the Agency is the owner
of the Stage I and Stage II Property of the Site. .As of the Effective Date, the City is the owner
ofthe Stage III Property.
6.2 Conveyance of Property to Agency. The City agrees to convey that portion of the
Property owned by the City, as shown in Exhibit F, to the Agency. The Agency shall pay the
City its actual cost of acquisition of the property conveyed to the Agency. The City shall convey
the property upon request of the Agency. It is anticipated that closing shall be on or before
February 28, 2004.
6.3 Resale to Developer. The Agency represents to the City and the City
acknowledges that the Agency will sell the Site to the Developer for the Purchase Price as
provided in the Development Agreement.
ARTICLE 7
INFRASTRUCTURE IMPROVEMENTS; PROJECT
7.1 Infrastructure Improvements.
The Agency is required by the Development Agreement to plan, construct, install, equip
and complete the Infrastructure Improvements or cause other(s), including the City, to plan,
construct, install, equip and complete the Infrastructure Improvements so that the Infrastructure
Improvements are substantially complete in substantial accordance with the Infrastructure
Improvements Plans and Specifications no later than the Infrastructure Improvements
Completion Date. The Agency has agreed to coordinate the planning, design and construction
and installation of the Infrastructure Improvements with the Project being planned, designed,
constructed and installed by the Developer.
7.2 Infrastructure Improvements Financing.
(1) The cost of the Infrastructure Improvements shall be paid from funds legally
available to the City.
(2) In no event shall the obligations, either express or implied, of the Agency or the
City under the provisions of this Agreement to pay the costs of the Infrastructure Improvements
be or constitute a general obligation or indebtedness of the City or the Agency, or both, or a
pledge of the ad valorem taxing power of the City or the Agency, or both, within the meaning of
12
(JJ
I
I
the Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds. The Developer, any Construction Lender or any
Contractor, subcontractor, materialman, or supplier for any part of the Project, shall not have the
right to compel the exercise of the ad valorem taxing power of the Agency or the City or any
other governmental entity on any real or personal property or taxation in any form to pay the
Agency's obligations or undertakings hereunder.
7.3 Construction of the Infrastructure Improvements.
(1) Following approval of the Infrastructure Improvements Plans and Specifications
and in coordination with the construction of the Project, the City will cause construction and
installation of the Infrastructure Improvements to begin and cause it to proceed to completion in
substantial compliance with the Infrastructure Improvements Plans and Specifications and the
Infrastructure Schedule. It is the intent of the parties to this Agreement that construction of the
Infrastructure Improvements will be substantially complete in accordance with the Infrastructure
Schedule. Nothing herein shall be deemed to require or mandate the City to commence
construction and installation of the Infrastructure Improvements, or any part thereof, prior to the
Developer commencing construction of the Project, or any part thereof.
(2) The City agrees to undertake the design, construction and installation of the
Infrastructure Improvements in accordance with its normal and customary procedures for the
solicitation of bids from contractors, awarding of design and construction contracts, and for
administration of the construction through to completion. The City acknowledges that the
Infrastructure Improvements are essential to the successful development of the Project and will
do all which is reasonably possible to accomplish the design, construction and equipping of the
Infrastructure Improvements in accordance with the Infrastructure Schedule.
(3) The City will keep the Agency apprised as to the status of the design and
construction of the Infrastructure Improvements and will promptly notify the Agency if there are
any delays during the course of design or construction which could affect the Infrastructure
Schedule or the Infrastructure Improvements Completion Date.
(4) The City Engineer will oversee, supervise and coordinate the bidding and
awarding of the City's contracts for design and construction services pertaining to the
Infrastructure Improvements and will oversee, supervise and coordinate the design and
construction of such improvements so that they are substantially completed in accordance with
the Infrastructure Improvements Plans and Specifications and the Infrastructure Schedule and
will coordinate the design and construction of the Infrastructure Improvements with the design
and construction of the Project, including the development of a design and construction
milestone schedule.
7.4 Construction of the Project.
(1) Following approval of the Project Plans and Specifications and in coordination
with the construction of the Infrastructure Improvements, the Developer has agreed in the
13
FfJ
I
I
Development Agreement to cause construction and installation of Stage I of the Project to begin
and cause it to proceed to completion in substantial compliance with the Project Plans and
Specifications. Any significant deviations from the approved Project Plans and Specifications
shall be submitted by the Developer to the Agency for review and approval and the Agency
agrees to submit them to the City for review and approval prior to any action by the Agency.
7.5 Infrastructure Improvements Completion.
(1) Upon the completion of the construction and installation of the Infrastructure
Improvements substantially in accordance with the standards in the Development Agreement and
the Infrastructure Improvements Plans and Specifications such that those improvements are
substantially complete, the Agency, with the concurrence of the City, shall prepare and execute
the Infrastructure Improvements Completion Certificate, and deliver it to the Developer. Upon
receipt of the certificate, the Developer shall determine if construction and installation of the
Infrastructure Improvements has been so completed, and, if so, shall execute the certificate and
return it to the Agency.
(2) The Infrastructure Improvements Completion Certificate shall be in a form
sufficient to be recorded in the public records of Pinellas County, Florida. After execution
thereof by the parties hereto, it shall be returned to the Agency, which shall be responsible for
having the certificate promptly recorded in the public records of Pinellas County, Florida. The
Agency shall be responsible for the cost of such recording.
7.6 Proiect Completion Certificate.
(1) Upon the completion of the construction of Stage I of the Project substantially in
accordance with the Project Plans and Specifications such that it is substantially complete, the
Developer shall prepare and execute the Stage Project Completion Certificate, and deliver it to
the Agency. Upon receipt of the certificate, the Agency, after consultation with the City, shall
determine if construction of Stage I of the Project has been so completed, and, if so, shall execute
the certificate and return it to the Developer. The parties acknowledge and agree that the Agency
is not obligated to find that the Project have been completed and execute the Project Completion
Certificate unless and until the City Engineer has determined the Project is substantially
complete and the Project is substantially in conformity with the Site Plan, the Project Plans and
Specifications and the terms in the Development Agreement.
(2) The Stage I Project Completion Certificate shall be in a form sufficient to be
recorded in the public records of Pinellas County, Florida. After execution thereof by the parties
hereto, it shall be returned to the Developer, which shall be responsible for having the certificate
promptly recorded in the public records of Pinellas County, Florida. The Developer shall be
responsible for the cost of such recording.
7.7 Infrastructure Proiect Coordination.
(1) It is the intent and desire of the parties hereto that the design and construction of
14
~
I
I
each part of the Infrastructure Improvements and the Project be coordinated with other parts of
the Project and the design, construction and installation of the Infrastructure Improvements and
the Project shall be done so as to minimize conflicts, improve efficiency and avoid delays in
completion of the Infrastructure Project and each part thereof.
(2) The Agency and the City shall each designate a person to coordinate the planning,
construction, installation, equipping and completion of the Infrastructure Improvements with the
construction of the Project.
7.8 Unavoidable Delay.
(1) Any delay in performance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition described in
paragraph (2) as an event of "Unavoidable Delay" shall be excused in the manner provided in
this Section 7.9.
(2) "Unavoidable Delay" means any of the following events or conditions or any
combination thereof: acts of God, acts of the public enemy, riot, insurrection, war, pestilence,
archaeological excavations required by law, unavailability of materials after timely ordering of
same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes,
earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as
indicated by the records of the local weather bureau for a five-year period preceding the Effective
Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, Florida
Statutes, restoration in connection with any of the foregoing or any other cause beyond the
reasonable control of the party performing the obligation in question, including, without
limitation, such causes as may arise from the act of the other party to this Agreement, or acts of
any governmental authority (except that acts of the Agency shall not constitute an Unavoidable
Delay with respect to performance by the Agency).
(3) An application by any party hereto (referred to in this paragraph (3) and in
paragraph (4) as the "Applicant") for an extension of time pursuant to subsection (1) must be in
writing, must set forth in detail the reasons and causes of delay, and must be filed with the other
party to this Agreement within seven (7) days following the occurrence of the event or condition
causing the Unavoidable Delay or seven (7) days following the Applicant becoming aware (or
with the exercise of reasonable diligence should have become aware) of such occurrence.
(4) The Applicant shall be entitled to an extension of time for an Unavoidable Delay
only for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence actually delays
that party from proceeding with its rights, duties and obligations under this Agreement affected .
by such occurrence.
(5) If Unavoidable Delay is invoked by any party to this Agreement, then any time
period or deadlines applicable to the other party shall be tolled during and to the extent of the
time period caused by the Unavoidable Delay.
15
rP
I
,
7.9 Restrictions on Use.
(1) Prior to the earlier of the Termination Date or the Expiration Date, the City agrees
with the Agency that no use of the Project Site shall be permitted other than as residential
development as described in the Development Agreement. If the Developer or the person, if
other than the Developer, intend to use the Project Site for any other use(s), then a request for a
release from the any part of or all of the restriction shall be filed with the Agency. The Agency
shall promptly consider such request and after consultation with the City and either deny the
request, approve the request as filed, or approve the request subject to such terms, conditions and
limitations as the Agency may reasonably require. If any release of the use restriction is
approved by the Agency, an instrument evidencing such release and in such form that it may be
recorded, shall be recorded in the public records of Pinellas County, Florida, and the cost of such
recording shall be paid by the person requesting the release. Nothing herein is intended or shall
be deemed to affect any restriction on use of the Project Site by application of any law,
ordinance, regulation or other restriction, nor is anything herein intended to prevent temporary
uses of the Project Site for certain uses such as construction, construction trailers, sales and
marketing events, tents, parties, and other such events to the extent such are approved, permitted
or licenses as provided by applicable law.
7.10 Agency and City Not in Privity with Contractors. The City and the Agency shall
not be deemed to be in privity of contract with any Contractor or provider of goods or services
with respect to the construction of any part of the Proj ect.
ARTICLE 8
REPRESENTATIONS AND WARRANTIES
8.1 Representations and Warranties of the Agency. The Agency represents and
warrants to the City that each of the following statements is presently true and accurate and can
be relied upon by the City:
(1) The Agency is the duly created and designated community redevelopment agency
of the City, a validly existing body politic and corporate of the State, has all requisite corporate
power and authority to carry on its business as now conducted and to perform its obligations
under this Agreement and each document contemplated hereunder to which it is . or will be a
party.
(2) This Agreement and each document contemplated hereby, specifically including
but not limited to the Development Agreement, to which the Agency is or will be a party has
been duly authorized by all necessary action on the part of, and has been or will be executed and
delivered by, the Agency and neither the execution and delivery thereof, nor compliance with the
terms and provisions thereof or hereof: (a) requires the approval and consent of any other party,
except such as have been duly obtained, (b) contravenes any existing law, judgment,
governmental rule, regulation or order applicable to or binding on the Agency, or (c) contravenes
or results in any breach of, default under or result in the creation of any lien or encumbrance
16
JP
I
I
upon any party under any indenture, mortgage, deed of trust, bank loan or credit agreement,
applicable ordinances, resolutions or any other agreement or instrument to which the Agency is a
party, specifically including any covenants of any bonds, notes or other obligations of the
Agency outstanding on the Effective Date.
(3) This Agreement and each document contemplated hereby, including the
Development Agreement, to which the Agency is or will be a party constitutes, or when entered
into will constitute a legal, valid and binding obligation of the Agency enforceable against the
Agency in accordance with the terms thereof, except as such enforceability may be limited by
applicable bankruptcy, insolvency or similar laws from time to time in effect which affect
creditors' rights generally and subject to usual equitable principles in the event equitable
remedies are involved.
(4) There are no pending or, to the knowledge of the Agency, threatened actions or
proceedings before any court or administrative agency against the Agency, which question the
validity of this Agreement, the Development Agreement or any instrument or document
contemplated herein, or which are likely in any case or in the aggregate to materially adversely
affect the successful redevelopment of the Project and the consummation of the transactions
contemplated hereunder or the financial or corporate conditions of the Agency.
(5) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable thereto.
8.2 Representations and Warranties of the City. The City represents and warrants to
the Agency that each of the following statements is presently true and accurate and can be relied
upon by the Agency:
(1) The City is a validly existing municipal corporation of the State, has all requisite
corporate power and authority to carry on it business as now conducted and to perform its
obligations under this Agreement and each document contemplated hereunder to which it is or
will be a party.
(2) This Agreement and each document contemplated hereby to which the City is or
will be a party has been duly authorized by all necessary action on the part of, and has been or
will be executed and delivered by, the City and neither the execution and delivery thereof, nor
compliance with the terms and provisions thereof or hereof: (a) requires the approval and
consent of any other party, except such as have been duly obtained, (b) contravenes any existing
law, judgment, governmental rule, regulation or order applicable to or binding on the City, or (c)
contravenes or results in any breach of, default under or result in the creation of any lien or
encumbrance upon any party under any indenture, mortgage, deed of trust, bank loan or credit
agreement, applicable ordinances, resolutions or any other agreement or instrument to which the
City is a party, specifically including any covenants of any bonds, notes or other obligations of
the City outstanding on the Effective Date.
(3) This Agreement and each document contemplated hereby to which the City is or
17
r/l
I
I
will be a party constitutes, or when entered into will constitute a legal, valid and binding
obligation of the City enforceable against the City in accordance with the terms thereof, except as
such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from
time to time in effect which affect creditors' rights generally and subject to usual equitable
principles in the event equitable remedies are involved.
(4) There are no pending or, to the knowledge of the City, threatened actions or
proceedings before any court or administrative agency against the City, which question the
validity of this Agreement, the Development Agreement or any instrument or document
contemplated herein, or which are likely in any case or in the aggregate to materially adversely
affect the successful redevelopment of the Project and the consummation of the transactions
contemplated hereunder or the financial or corporate conditions of the City.
(5) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable to the City.
ARTICLE 9
INDEMNIFICATION
9.1 Indemnification by the Agency.
(1) In consideration of the City undertaking the Infrastructure Improvements and such
other actions as are provided herein, and other valuable consideration, to the extent permitted by
law, the Agency shall pay, indemnify and save harmless the City, its agents, guests, invitees and
employees from all suits, actions, claims, demands, damages, losses and other reasonable
expenses and costs of every kind and description to which the City, its agents, guests, invitees or
employees may be subjected to by reason of injury to persons or death or property damage
resulting from or growing out of any commission, omission, negligence or fault of the Agency,
its agents or employees, the Developer, or their contractors or subcontractors in connection with
(a) any building, construction, installation or development work, service or operation being
undertaken or performed by or for the Agency or the Developer in, on, under, or over the Project
Site, or (b) any uses, occupancy, maintenance, repair and improvements, or operation of all or
part of the Project Site by or for the Agency or the Developer; provided, however, such
indemnification shall not be applicable to the extent a decision or judgment of a court of
competent jurisdiction holds that any injury to persons or death or property damage was the
result of acts of commission, omission, negligence or fault of the City, its agents or employees.
(2) This Section 9.1 shall not be deemed or construed to provide any indemnification
by the Agency for the benefit of any third parties other than the City (specifically including, but
not limited to, the Developer), nor a waiver by the Agency of any liability of the City which the
Agency may be entitled to recover damages notwithstanding any provision of this Agreement to
the contrary.
9.2 Environmental Indemnification.
18
It
I
I
(a) The City agrees to indemnify, defend, and hold harmless the Developer, its officers,
directors, employees, agents, attorneys, contractors, lenders, successors, and assigns (including any
successors or assigns to any interest of the Agency in the Site) (collectively, the Indemnified
Parties) from all actions, claims, administrative proceedings, damages (except for punitive
damages), losses (excluding those resulting from any diminution of value or marketability of the
Site) including those resulting from delay or increased costs of construction, such as the cost of
dewatering during the construction of the swimming pool), expenses, costs (including those for
remediation), fines, judgments, or other liabilities, including reasonable attorneys' fees, which may
at any time be filed against, imposed upon, incurred by, or asserted or awarded any of the
Indemnified Parties, arising from or in connection with
(i) the presence, discharge, or release of any Hazardous Substances on, in, under, or
about the Site at any time before the conveyance of the Site to the Developer by the Agency; or
(ii) the application of any Environmental Law to the acts or omissions of the City or the
Agency or their respective officers, employees, agents, successors, or assigns in connection with the
Site; or
(iii) the City's failure to comply with any Environmental Law with respect to the Site.
With respect to any contaminant identified by the URS reports identified above as having
been detected on the Site, the Developer acknowledges receipt of the reports and represents that,
to the best of the Developer's knowledge, the presence of the contaminants detected by URS will
not delay or increase the cost of the construction or development planned by the Developer for
the Site. (Exhibit J to Development Agreement)
(b) To exercise its indemnification rights hereunder, an Environmental Indemnified
Party shall promptly notify the City of any such claim in respect of which indemnity is sought
hereunder. Any such notice shall be given in good faith, be reasonably specific and shall set
forth in reasonable detail, if available, the nature of the alleged loss, claim, damage, expense or
liability of the action or proceeding. An Environmental Indemnified Party shall advise the City
of all material facts relating to such assertion within the direct and actual knowledge of an
Environmental Indemnified Party and, in the event of a third party claim or action, shall afford
the City the opportunity, at the City's sole cost and expense, to defend against such claims,
actions or proceedings. In any such claim, an Environmental Indemnified Party shall have the
right to retain its own counsel, and the fees and expenses of such counsel shall be at its own
expense unless the City and the Environmental Indemnified Party mutually agree in writing to
the retention of such counsel at the City's expense.
(c) An Environmental Indemnified Party shall have no right to settle or compromise
any claims subject to indemnification hereunder if Agency notifies the Environmental
Indemnified Party that the City intends to defend against such claim and undertakes such defense
within fifteen (15) days after receiving written notice of such claim, and continues such defense
throughout the pendency of such claim. If the City fails to undertake such defense or continue
19
~
I
I
such defense throughout the pendency of such claim, then, in such event, the Environmental
Indemnified Party may undertake to settle or compromise any claim upon such terms and
conditions as the Environmental Indemnified Party deems necessary or appropriate, and all
amounts incurred by the Environmental Indemnified Party (including its attorneys' fees) in
connection with the settlement or compromise of such claim shall be paid by City to the extent
such amounts are covered by the indemnification provided in this Development Agreement.
Except as provided above, the City shall not be liable for any settlement effected without the
City's consent of any claim for which indemnity may be sought hereunder.
(d) The provisions of this Section 9.2 shall survive the expiration or termination of
this Agreement. Further, the indemnification provisions contained in this Section 9.2 shall be in
addition to any other remedy or indemnification provided to the Agency under this Agreement
and the foregoing indemnity shall not in any way be subject to limitations imposed upon the
Agency with respect to any remedy or indemnification, including, but not limited to, any such
limitation contained in Section 10.2 of this Agreement.
(e) Notwithstanding anything to the contrary contained herein, with respect to the
indemnification obligations of the City, the following shall apply:
(1) the indemnifying party shall not be responsible for damages that could
have been, but were not, mitigated by the indemnified party;
(2) the indemnifying party shall not be responsible for that portion of any
damages caused by the negligent or willful acts or omissions of the indemnified party; and
(3) there shall be no obligation to indemnify hereunder in the event that the
indemnified party (1) shall have effected a settlement of any claim without the prior written
consent of the indemnifying party, or (2) shall not have subrogated the indemnifying party to the
indemnified party's rights against any third party by an assignment to the indemnifying party of
any cause or action against such third party.
9.3 Environmental Remediation.
(a) In addition to the requirements of Section 9.2, the City agrees that it will, on
behalf of the Agency, remediate the soil contamination by excavating and removing the
contaminated soil in accordance with the Brownfield Site Rehabilitation Agreement (BSRA) dated
July 12, 2001, between the City and the Florida Department of Environmental Protection (the
Department), the Interim Source Removal Plan prepared by URS Corporation and dated November
2001, and the Focused Risk Assessment (property B) prepared by Hazardous Substance & Waste
Management Research, Inc., for URS and dated November 2001. At its own expense the City shall
monitor the groundwater contamination and enter into a restrictive covenant restricting the use of
groundwater in the Site in accordance with the BSRA and the Department's approval of the City's
Monitoring Only Plan to be submitted in the revised Remedial Action Plan required by the BSRA.
20
{fl
J
I
ARTICLE 10
DEFAULT; TERMINATION
10.1 Default by the Agency.
(1 ) Provided the City is not then in default under this Agreement as set forth in
Section 10.2 hereof, there shall be an "event of default" by the Agency under this Agreement
upon the occurrence of anyone or more ofthe following:
(a) The Agency shall fail to perform or comply with any material provision of this
Agreement; or
(b) The Agency shall make a general assignment for the benefit of its creditors, or
shall admit in writing its inability to pay its debts as they become due or shall file a petition in
bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief
under any present or future statute, law or regulation of shall file an answer admitting, or shall
fail reasonably to contest, the material allegations of a petition filed against it in any such
proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or
liquidator of the Agency or any material part of its properties; or
(c) Within sixty (60) days after the commencement of any proceeding by or against
the Agency seeking any reorganization, arrangement, composition, readjustment, liquidation,
dissolution or similar relief under any present or future statute, law or regulation, such
proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment
without the consent or acquiescence of the Agency or any trustee, receiver or liquidator of the
Agency or of any material part of its properties, such appointment shall not have been vacated.
(d) An event of default by the Agency under the Development Agreement has
occurred and not been cured within the time period permitted therein.
(2) If an "event of default" described in Subsection 10.1(1) hereof shall have
occurred, the City, after giving thirty (30) days written notice of such event of default to the
Agency, and upon expiration of such thirty (30) day notice period, if such event of default has
not been cured, the City shall seek to enforce the terms of this Agreement.
10.2 Default by the City.
(1) Provided the Agency is not then in default under this Agreement as set forth in
Section 10.1 hereof, there shall be an "event of default" by the City under this Agreement upon
the occurrence of the following: (a) the City shall fail to perform or comply with any material
provision of this Agreement, specifically including, but not limited to, the failure to convey the
City Property to the Agency when such conveyance is scheduled to take place as provided
herein, or (b) failure of the City to timely commence, construct and complete the construction
and installation of the Infrastructure Improvements.
21
rP
I
,
(2) If an "event of default" described in Subsection 10.1(1) hereof shall have
occurred, the Agency, after giving thirty (30) days written notice of such event of default to the
City, and upon expiration of such thirty (30) day notice period, if such event of default has not
been cured, the Agency shall seek to enforce the terms of the Agreement.
(3) In the event of a default by City in the construction and completion of the
Infrastructure Improvements which is not cured within the cure period provided in paragraph (2)
above, Agency may elect, at its option, without limiting Agency's right to pursue any other
remedy provided in this Agreement, to undertake to complete construction of the Infrastructure
Improvements in such a manner as Agency deems reasonably necessary or appropriate under the
circumstances. In such event, the Infrastructure Plans and Specifications, working drawings,
construction contracts, contract documents, Building Permits, Permits and any other documents
or information related to the construction of the Infrastructure Improvements will be deemed
then assigned by City to Agency without the necessity of any other action being taken or not
taken by any party hereto, and City shall undertake all steps as are reasonably necessary to assist
Agency in gaining access to the areas upon which the Infrastructure Improvements are to be
made. In the event Agency elects to exercise such construction of the Infrastructure
Improvements, City shall be obligated to promptly reimburse Agency for all costs (including any
costs of overtime or premium work necessary to achieve the completion of the Infrastructure
Improvements in accordance with the Infrastructure Schedule or as required to avoid delay in
completion of Phase I), incurred by Agency in connection with such construction of the
Infrastructure Improvements. Such reimbursement shall include interest on the amounts so
expended by Agency at the rate of twelve percent (12%) per annum from the date such amounts
were expended by Agency until the date they have been reimbursed by City.
10.3 Obligations, Rights and Remedies Exclusive. The rights and remedies specified
herein to which either the Agency or City are entitled are exclusive and are intended to be to the
exclusion of any other remedies or means of redress to which the Agency or the City may
otherwise lawfully be entitled.
10.4 Non-Action on Failure to Observe Provisions of this Agreement. The failure of
the Agency or the City to promptly insist upon strict performance of any term, covenant,
condition or provision of this Agreement, or any exhibit hereto or any other agreement
contemplated hereby shall not be deemed a waiver of any right or remedy that the Agency or the
City may have, and shall not be deemed a waiver of a subsequent default or nonperformance of
such term, covenant, condition or provision.
10.5 Effect of Termination.
(1) Upon the termination or expiration of the Development Agreement, then this
Agreement shall terminate and all obligations of the parties hereto shall then cease and, except as
otherwise provided in this Agreement, be released and no longer be of any force and effect,
provided, however, and notwithstanding the foregoing provisions of this Section 10.5, the
following obligations of Agency and the City shall survive the expiration of this Agreement and
22
".
-
shall remain in full force and effect in accordance with the terms of this Agreement: (i) the
obligation of Agency to timely pay the fees, charges and Impact Fees contemplated by
Section 3.04(a) of the Development Agreement or the City to waive any such fees, charges, and
Impact Fees with respect to any Stage; (ii) the indemnity obligations of the Agency and the City
as contained in Article 9 hereof, specifically including the environmental indemnification in
Section 9.2; (iii) the environmental remediation obligations of the City; (iv) any other provision
of this Agreement which expressly states it survives expiration or termination of this Agreement.
(2) In the event of a termination of this Agreement pursuant to this Section 10.5,
neither the City nor the Agency shall be obligated or liable one to the other in any way, financial
or otherwise, for any claim or matter arising from or as a result of this Agreement or any actions
taken by the City or the Agency, or both, thereunder or contemplated hereby; provided, however,
that if any suits, actions, claims, or demands of any kind shall be made against the City or the
Agency, or both of them, seeking damages, expenses and costs (including attorneys' fees), or any
other relief, arising from or as the result of any omission, negligence or fault of the City or the
Agency in connection with this Agreement or any actions taken by the City or the Agency, or
both of them, hereunder or contemplated hereby, the indemnification provisions of Article 9
hereof shall apply and shall survive termination of this Agreement.
10.6 Termination Certificate
(a) In the event of a termination of this Agreement prior to the Expiration Date, each
of the parties hereto does covenant and agree with the other to promptly execute a certificate
prepared by the party electing to terminate this Agreement, which certificate shall expressly state
that this Agreement has been terminated in accordance with its terms, is no longer of any force
and effect except for those provisions hereof which expressly survive termination, that the rights,
duties and obligations of the parties hereto have been terminated and released (subject to those
surviving provisions hereof).
(b) The certificate described in subsection (a) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in the public
records of Pinellas County, Florida. The cost of recording the termination certificate shall be
paid by the Agency.
ARTICLE 11
MISCELLANEOUS
11.1 Amendments. This Agreement may be amended by the mutual written agreement
of the Agency and the City at any time and from time to time, which amendments shall become
effective upon filing thereof with the Clerk of the Circuit Court of Pinellas County, Florida,
pursuant to Section 163.01(11), Florida Statutes.
11.2 Agreement Constitutes Contract. The Agency and the City acknowledge that the
parties hereto will rely on the pledges, covenants and obligations created herein for the benefit of
the parties hereto, and this Agreement shall be deemed to be and constitute a contract between
23
fi>
I
I
11.8 Third Party Beneficiaries. Nothing in this Agreement, expressed or implied, is
intended or shall be construed to confer upon any person, firm or corporation other than the
parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this
Agreement or any provision hereof. It is the intent of the parties hereto that this Agreement and
all its provisions are intended to be and are for the sole and exclusive benefit of the parties
hereto.
11.9 Notices. Any notice, demand, direction, request or other instrument authorized or
required by this Agreement to be given or filed with the Agency or the City shall be deemed
sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail,
return receipt requested, or by direct personal delivery:
To the Agency,
addressed to
Community Redevelopment Agency of the City of
Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 32521
Attention: Executive Director
To the City,
addressed to
City of Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 32521
Attention: City Manager
11.10 Execution of Agreement. This Agreement shall be executed in the name of the
Agency by its Chairman and Executive Director and the seal of the Agency affixed hereto and in
the name of the City by its Mayor and City Clerk, and approved as to form and execution by the
City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears on
this Agreement ceases to hold office before all officers shall have executed this Agreement or
prior to the filing of this Agreement as provided in Section 11.11 hereof, his or her signature
shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the
signature of, or may be signed by, such individuals as at the actual time of the execution of this
Agreement shall be the proper and duly empowered officer to sign this Agreement and this
Agreement shall be deemed to have been duly and properly executed even though on the
Effective Date any such individual may not hold such office.
11.11 Filing With Circuit Court Clerk. The City Clerk is hereby authorized and directed
after approval of this Agreement by the Governing Body of each of the Agency and the City and
the execution thereof by the duly qualified and authorized officers of each of the parties hereto as
provided in Section 11.10 hereof, to file this Agreement with the Clerk of the Circuit Court of
Pinellas County, Florida, as provided in Section 163.01(11), Florida Statutes.
11.12 Effective Date. This Agreement shall become effective immediately upon filing
25
rfJ
I
II
with the Clerk of the Circuit Court of Pinellas County, Florida, as provided In Section
163.01 (11), Florida Statutes.
IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have
entered into this Interlocal Agreement as of the day and year first above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
ATTEST:
By:
[
C . a E. Goudeau, City Clerk
CITY OF CLEARWATER, FLORIDA
By:~..,.:~.~T
William B. Horne II
City Manager
Approved as to form:
Attest:
Pam4!!.Akin
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by BRIAN 1. AUNGST and
CYNTHIA E. GOUDEAU, as Chairperson and City Clerk, respectively, of the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, on behalf of
the Agency, this l~# day of ~ , 2002.
C ~~
NO~liC
My Commission Expires:
(Affix notarial seal)
w:1TNr'f IlUILIC . ,fATI 01' I'LOItIDA
CAROLYN l BRINK
COPMISSION . CC834678
EXPIRES !)12212OO3
BONDED THRU ASA 1-888-NOT ARY1
26
/iJ
I
J
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by WILLIAM B. HORNE II and
CYNTHIA E. GOUDEAU, as City Manager and City Clerk, respectively, o4J!:e CITY OF
CLEARWATER, FLORIDA, on behalf of the City, this ,~ day of
~ ,2002.
My Commission Expires:
~~.~
Notary Pu c
(Affix notarial seal)
NOTMY f1UILlC . ITAT! OF FLORIDA
CAROLYN L BRINK
COMMISSION" CC834678
EXPIRES 5/22/2003
BONDED THRU ASA 1-888-NOTARY'
27
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Exhibit "J"
I
I
Interlocal Agreement
Exhibit List
Project Site
Site Plan
Infrastructure Improvement Completion Certificate
Agreement Termination Certificate
Schedule of CRA payments
City owned property
List of environmental documents prepared by Dames &
MoorelURS
EXHffiITS "G" "H" AND "I" INTENTIONALLY OMITTED
ff
I I
· EXHIBIT A
Project Site
.
.
I
I
ParcellA
.
Begin at the Southeast corner of Lot 14, Block 1, Magnolia Park, as recorded in Plat
Book 1, Page 70 of the Public Records of Hills borough County, Florida, of which
Pinellas County was once a part; thence NOOo 17' 56"W along the East line of said Lot 14
and Lot 3, Block 1, of said Magnolia Park, 235.00 feet to a point on the apparent South
right of way line of Cleveland Street as described by the survey map prepared for the City
of Clearwater by Florida Design Consultants, job number 212-07, dated 04/03/01; thence
N89057' 12"E, along said apparent South right of way line of Cleveland Street 270.00 feet
to a intersection of the East line of Lot 8, Block 1, of said Magnolia Park and the West
right of way line of Prospect Avenue; thence SOool7'56"E along said West right of way
line of Prospect Avenue 97.87 feet; thence leaving said West right of way line East, 14.49
feet; thence South, 30.00 feet; thence West, 14.33 feet to a point on said West right of
way line of Prospect Avenue; thence SOO 17' 56"E, along said West right of way line of
Prospect Avenue 107.14 feet to the Southwest corner of Lot 9, Block 1, of said Magnolia
Park; thence S89057'12"W, along the North right of way of Park Street, 54.00 feet to the
Southeast corner of Lot 10, Block 1 of said Magnolia Park; thence NOOo 17' 56"W, along
the East line of said Lot 1 0, 132.50 feet to the Northeast corner of said Lot 10, thence
S89057' 12"W, 202.00 feet; thence SOool7'56"E, 132.50 feet to the North right of way
line of Park Street; thence S89057' 12"W along said North right of way line of said Park
Street 14.00 feet to the point of beginning. (Containing 37102.27 S.F., M.O.L.)
.
.
S:\Projects\Downtown Pond - #98-0116-EN\legals for plat and lease.doc
.
~
NORTH
LOT 2
I
LOT 15
P.:O.B. PARCEL 1A
I... ~ CCl'lNCR OF" LOT /4,
r-- /. ~ IWlJ(
.
CLEVELAND STREET
S.R, 60
-1'.-
LOT 3
LOT 14
14.00
S89'57'12"W
LOT 12
LOT 11
PARK STREET
PARCEL 1A
Note: This is not a survey,
Scale: l' = 50'
LOT 10
S89'57'12"W
54.00'
~
oc(
t-
o
W
Q.
(/)
o
~
Q.
.
LC -
~...
-,
LO'
REV 11/29/01
I
I
.
Parcel 1 B
.
Begin at the Southeast corner of Lot 8, Block 2, Magnolia Park as recorded in Plat Book
1, Page 70, of the Public Records of Hills borough County, Florida, of which Pinellas
County was once a part, thence N89051' 12"E along the South line of said Lot 9 and Lot
1 0, Block 2, of said Magnolia Park, 101. 90 feet, to the Southeast corner of said Lot 10;
thence SOool1'56"E, along the East line of Lot 11, Block 2 of said Magnolia Park,
132.50 feet to the southeast corner of said Lot 11; thence continue SOool7'56"E, 8.16
feet; thence S89042'04"W, 21.42 feet; thence SOoo02'48"E, 22.38 feet; thence
S89051'12"W, 46.67 feet; thence SOoo02'48"E, 29.37 feet to the South right of way line
of Park Street; thence S89051' 12"W, along the said South right of way line of Park
Street, 63.71 feet; thence N23029'22"W, 34.41 feet; thence S66030'38"W, 14.94 feet;
thence N23029'22"W, 11.89 feet; thence N83053'OO"W, 188.67 feet, thence
N06001'OO"E, 3.23 feet to the North right of way line of said Park Street; thence
S89051' 12"W, along said North right of way line of Park Street, 5.08 feet; thence
S81018'37"W, 157.33 feet; thence N08041 '23"W, 46.67 feet; thence N81 018'37"E, 8.85
feet to the East right of way I ine of Prospect Avenue;' thence NOOO 17' 56"W, along the
said East right ofIine of Prospect Avenue, 20.22 feet; thence S81018'37"W, 1.05 feet;
thence NOs041 '23"W, 46.67 feet; thence NSl 018'37"E, 7.93 feet to the said East right of
way line of Prospect Avenue; thence NOoo11'56"W, along said East right of way line of
Prospect Avenue, 143.79 feet to a point on the apparent South right of way line of
Cleveland Street as described by the survey map, prepared for the City of Clearwater by
Florida Design Consultants, job number 212-07, dated 04/03/01; thence NS9057' 12"E,
408.00 feet along said apparent South right of way line of Cleveland Street to the West
line of said Lot 9; thence SOool7'56"E, along the West line of said Lot 9, 102.50 feet, to
the point of beginning. (containing 120739.S2 S.F., M.O.L.)
.
S:\ENGIN\Projects\Downtown Pond - #98-01 16-EN\legals for plat and lease. doc
ClEVELAND STREET
S.R. 60
~
NORTH
-,
,-
~
<(
I-
o
W
Q..
Ul
o
0::
Q..
lIal"a"~~.
lOT 9 lOT 10
~ARCEL 18
$E CCIINE1I "or Lor.
aOCK-' ~_
I
8
~
PARK STREET
J
-,
I ,-
PARCEL 18
Note: This is not a survey.
Scale: l' = 60'
-I
.
.
.
I
I
Parcel 2
.
Begin at the Northwest corner of Lot 5, Block 3, Magnolia Park, as recorded in Plat Book
1, Page 70, of the Public Records of Hills borough County, Florida, of which Pinellas
County was formerly a part, also being a point on the South right of way line of Park
Street; thence N89057' 12"E, along said South right of way line of Park Street, 33.58 feet;
thence leaving said South right of way line of Park Street, NOoo02'48"W, 29.37 feet;
thence N89057' 12"E, 46.67 feet; thence SOoo02'48"E, 29.37 feet, to a point of
intersection of the East right of way line of Ewing Avenue and said South right of way
line of Park Street; thence SOool7'56"E, along said East right of way line of Ewing
Avenue, 65.30 feet to a point on the centerline of a vacated alley as recorded in O.R.
Book 6228, Page 1131, of said Public Records; thence N89057' 12"E, along said
centerline, 139.40 feet; thence SOoo16' I7"E, 199.70 feet, to the North right of way line of
Pierce Street; thence S89057' 12"W, along the said North right of way line of Pierce
Street, 179.76 feet to the intersection of the West right of way line of Ewing Avenue,
thence NOo020'23"W, along the said East right of way line of Ewing Avenue, 36.45 feet;
thence S84010'05"W, 57.03 feet, thence N05049'55"W, 126.00 feet; thence
N23029'22"W, 8.83 feet, thence S66030'38"W, 4.40 feet; thence N23029'22"W, 126.00
feet; thence N66030'38"E, 46.67 feet; thence S23029'22"E, 34.41 feet to a point on the
said South right of way line of Park Street; thence N89057' 12"W along said South right
of way line of Park Street, 30.12 feet to the point of beginning. (containing 59327.88
S.F., M.O.L.)
.
.
S:\ENGIN\Projects\Downtown Pond - #98-0116-EN\legals for plat and lease. doc
I
~
~
f
ii
E
:t
lL
....
III
..
...
s
I
f
...
c:i
o
8
8
t
:g
Ii
..
"
l!
.~
...
~
~
tJ
..
'e-
lL
...
~
w
.
PARK SlREET
2
1-
1
I
I
.-1
lOT 3
.MAGNOUA PARI<.
P.B. I, PG. 70
BLOCK 3
.. -L
.
.
I
PARK STREET
.--
.MRS. SARAH McNUllfN'S SUBOI\ll~ON
P.B. 1, Po. ~I
BLOCK 5
NORTH
--
..-..-..-..
VAC. ALLEY OR 6W1, P01l31
-..-..-..-.
. A REPLA T fOR PURPOSE Of SHOYtlNG AI.lEY
AT NORTH SlOE Of BlOCKS .A. AND .B.
Of COACHMAN HEIGHTS" 9'),t
P.B. 20, PG. 26 iii e .
BLOCK A ". .'tl
lOT 16 on""
~J"
PIERCE SlREET
60' R/W OR 1437, PG 524
lOT 18
-..--.-.
LOT 17
lOT 17
lOT 18
~
lOT 18
lOT 19
lOT 18
PARCEL 2
Note: This is not a survey.
Scale: l' = 60'
PIERCE SlREET
60' R/W OR 1437, PC 524
lOT 20
..-..-1
LOT 20
~.. -..
LOT 5
+
I
I
.
Parcel 3
.
Begin at the Northwest corner of Lot 9, Tack and Warren Subdivision, as recorded in Plat
Book 21, Page 48, of the Public Records of Pine lias County, Florida, also being a point
on the South right of way line of Park Street; thence N89057' 12"E along said South right
of way line, 160.00 feet; to the Northeast corner of Lot 11, of said Tack and Warren
Subdivision, also being a point on the West right of way line of Prospect Avenue; thence
SOool7'56"E, along said West right of way line of Prospect Avenue, 110.00 feet, to the
Southeast corner of said Lot 11; thence S89057' 12"W, 110.00 feet to the Southwest
corner of Lot 10 of said Tack and Warren Subdivision; thence SOool7'56"E, 10.00 feet;
to a point on the centerline ofa vacated alley as recorded in O.R. Book 4616, page 1440,
of said Public Records; thence S89057' 12"W, along said centerline, 50.00 feet; thence
NOool7'56"W, 10.00 feet, to the Southwest corner of said Lot 9; thence continue
NOool7'56"W along the West line of said Lot 9, 110.00 feet to the point of beginning.
(containing 18100.18 S.F., M.O.L.)
.
S:\Projects\Downtown Pond - #98-0116-EN\legals for plat and lease.doc
1
u
L
_I
~
NORTH
P.O.8. PARCEL .J
NW CORfICR or Lor g,
TACK . WARREN St.!I.
lOT 4
lOT 7
P ARK STREET
T
-I
lOT 6 I
I
I
lOT 8
lOT 5
.-
-
~ . . - . , _I. , - , ,,_I. , - . . _I. . - . . _I. . - . . Z 0 .
I . VAC. ALLEY OR 4618, PC 1440 ~ 8 5'
"'i . 0.00
i (.. -.. - "r" -. 5~" ~
L---, I
I
I
I
L
lOT 14
lOT 3
lOT 12
I
"-"-"-",
I
lOT 17
lOT 15
~.._.._.._"
I
~.._.._"-,,
I
L
Rev. 11/29/01
LOT 2
lOT 13
LOT 16
PARCEL 3
Note: This is not a survey.
Scale: l' = 50'
lOT 1
-L.
""'~"^r- ......,..
.
.
1
~
<
I-
()
W
8;
o
~
a.
.
-<r-
~
~ EXHIBIT B
U I
C L " V "I "1111
{
-
SIT E
o r-
I' L ^ II
T II E
~
CLEARWATER
CENTER CITY PROJECT
'~
I
--~
11 n I) C E /./ R ^ I I,. ^ I ^
^ II C II I TE (; T I IJ r: v r: U I' F n
I I! [ n ^ I 1(. COM I' /\ r-j Y i j C
P.
1.1 I' '" T I, II 11 ^ II I' ^ II \j I , I
^ n E I. '~(:.A.'.'
,(J}T@';:~:
~
" A n I~
~ T n F: E -r
,; I III, r:: I
l'nOJECl SlJMM^nY
! ~ ~'ll 1:1) 1 (M~U\, "'-JITlI!ur rAr11< SI.IFFIl
~ I' II ~, '; r: ~
'It I,!.ir III.I'~: r,I
r'MII(II,(l . H.t
5 f' ~~ ~!~!r "~l ~J~_I!~_'": ~U(J III tll" '-,",!If< S 11lt+ II
11'llr,:;!-;s
lin_II';I)I:!I!>
INlK:'lt; . _WI
'"
'"
L ^ I( E
r lIOn C F.
~ 1 nEE I
RI{ANE
tIle
.
VI I~ 1.J A(}J~
] 11
.
.
.
I
I
EXHIBIT "C"
INFRASTRUCTURE IMPROVEMENTS
COMPLETION CERTIFICATE
[Mediterranean Village in the Park]
This Infrastructure Improvements Completion Certificate ("Certificate") is made
this day of , _, by and between the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public body
corporate and politic of the State of Florida (the "Agency"), whose address is 112 S. Osceola
Avenue, Clearwater, FL 33756, and the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation (the "City"), whose address is 112 S. Osceola Avenue, Clearwater, FL
33756.
This Certificate pertains to an Interlocal Agreement (Mediterranean Village in the
Park Project), by and between the Agency and the City, dated as of March 7, 2002 (the
"Interlocal Agreement"), which provides, among other things, for the sale of property within a
project site as described in Exhibit "A" attached hereto and made a part hereof (the "Site") for the
development and construction of the Infrastructure Improvements and the Mediterrean Village in
the Park, as same are defined in the Agreement for Development and Disposition of Property (
Project), dated as of March 4,2002.
As provided in the Interlocal Agreement, the construction and installation of the
Infrastructure Improvements have been completed substantially in accordance with the
requirements of the Interlocal Agreement and such improvements are substantially complete.
The parties hereto acknowledge and agree that such Infrastructure Improvements have been so
completed and have executed this Certificate as conclusive determination of such completion and
satisfaction of the City's obligation under the Interlocal Agreement to construct and install the
Infrastructure Improvements.
A copy of the fully-executed Interlocal Agreement is on file with the City Clerk,
City of Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida,
which is available for review and copying by the public. A copy of the Infrastructure
Improvements Plans and Specifications is on file with the City Engineer, City of Clearwater,
Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater, Florida, which is available for
review and copying by the public.
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the _ day of , _'
C-1
~
I
(SEAL)
ATTEST:
. .- ....
nd:1L
Br;S: ~iC~~lfector ' as
(SEAL)
ATTEST:
By: C~[ ~o,
City Clerk
dJ
I
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Its Chairman
, as
CITY OF CLEARWATER, FLORIDA
By:
May r
C-2
I
I
STATE OF FLORIDA
COUNTY OF PINELLAS
'4L
The foregoing instrument was acknowledged before me this 13 day of
~, ;2.061 by MifItAJu.AuAlGST, Chairman of the Community Redevelopment
Agency of the City of Clearwater, a public body corporate and politic of the State of Florida, on
behalf of the Agency. He is personally known to me or has produced a valid driver's license as
identification.
(SEAL)
Cv~ ;;t.~
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
STATE OF FLORIDA
COUNTY OF PINELLAS
MQTARV PV8l1C. STATE OF FLORIDA
CAROL VN L BRINK
COMMISSION' CC834678
EXPIRES 512212003
10NOI0 THRU ASA l-BBB-NOTARYl
The foregoing instrument was acknowledged before me by Bill AN J".!-hJAF6ST
~ill G;ude,-C4. as Mayor and City Clerk, respectively, of the CITY OF CLEARWATER,
DA, on behalf of the City, this /3\.11.. day of ~ , .240.2
(SEAL)
~:e~
Printed/Typed N am :
Notary Public-State of Florida
Commission Number:
NOTARY PUBLIC. STAT! OF FLORIDA
CAROL VN L BRINK
COMMISSION 1/ CC834678
EXPIRES 512212003
BONDED THRU ASA , -BBB-NOTARY!
C-3
I
I
EXHIBIT "D"
AGREEMENT TERMINATION CERTIFICATE
[Mediterranean Village in the Park]
This Agreement Termination Certificate ("Certificate") is made this _ day of
, , by and between the CITY OF CLEARWATER, municipal
corporation of the State of Florida (the "City"), whose address is 112 S. Osceola Avenue,
Clearwater, FL 33756 and the COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the State of
Florida (the "Agency"), whose address is 112 S. Osceola Avenue, Clearwater, FL 33756.
This Certificate pertains to an Interlocal Agreement (Mediterranean Village in
the Park Project), by and between the City and the Agency, dated as of March 7, 2002 (the
"Interlocal Agreement"), which provides, among other things, for the sale of property within a
project site as described in Exhibit " A" attached hereto and made a part hereof for the
development and construction of the Mediterranean Village in the Park Project, as same is
defined in the Development Agreement.
The Interlocal Agreement has terminated in accordance with its own terms as
provided in Section 10.5 thereof as of _, , and is no longer of any force
or effect except for those provisions which expressly survive termination. This Certificate has
been executed by the parties to the Interlocal Agreement as provided in Section 10.6 thereof
and constitutes a conclusive determination that the Interlocal Agreement has been terminated,
the rights, duties and obligations of the parties hereto have been terminated and released
(subject to those surviving provisions) and the Mediterranean Village in the Park is no longer
subject to any restrictions, limitations or encumbrances imposed by the Interlocal Agreement.
A copy of the fully-executed Interlocal Agreement is on file with the City
Clerk, City of Clearwater, Florida, located at City Hall, 112 S. Osceola Avenue, Clearwater,
Florida, which is available for review and copying by the public.
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the _ day of
D-l
fiJ
I
I
Countersigned: CITY OF CLEARWATER, FLORIDA
~ J ~~;JIl~.~"Jt
Brian J. Aungst (/" William B. Horne II
Mayor-Commissioner Interim City Manager
Approved as to form:
Uil
Attest:
Pamela K. Akin
City Attorney
Z::
hia E. Goude9Jd'-'.
Clerk ../ --
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By: t- rJl-- ~
Its Chaintan
, as
(SEAL)
ATTEST:
~ "./
By:~~6i~ ,as
Its: Execut e DIrector
D-2
~
I I
STATE OF FLORIDA )
COUNTY OF PINELLAS )
'fL
The foregoing instrument was acknowledged before me this /3 day of
~ ,200.2., by BRIAN J. AUNGST, Mayor-Commissioner of the City of
Clearwater, who is personally known to me.
~~.~
Print/Type Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this 1'3 'ft.. day of
~ ,20 DZ, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
~~~
Print/Type Name.
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
V\. _. The foregoing instrument was acknowledged before me this 13 ~day of
, f\.4JV , .;1..00.2.. by B~ItAJ .r. R-1J1tIGSr, Chairman of the Community Redevelopment
Agency of the City of Clearwater, a public body corporate and politic of the State of Florida,
on behalf of the Agency. He is personally known to me or has produced a valid driver's
license as identification.
(SEAL)
4 ~. ~-2
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
D-3
NOTArtY PUBLIC . STATE OF FLORIDA
CAROlYN L BRINK
COMMISSION. CC834678
EXPIRES 5/2212003
tONDI!D THRU ASA l-a88-NOTARYl
I
I
.
EXHIBIT E
eRA Schedule of Permit Payments
The Community Redevelopment Agency will budget for the anticipated annual
permitting and impact fee funding required for the project over three fiscal years.
The funding will be reserved in the CRA budget and those funds unexpended in
any given year will roll over to the following fiscal year until the requirements are
satisfied. The following schedule represents the anticipated levels required by
fiscal year.
Fiscal Year
2003/04
$116,031
$116,031
$154,709
$386,771
30%
2001/02
2002/03
30%
.
40%
Total
100%
.
I I
· EXHIBIT F
City owned property
.
.
)
I
Parcel 2
.
.
Begin at the Northwest corner of Lot 5, Block 3, Magnolia Park, as recorded in Plat Book
1, Page 70, of the Public Records of Hills borough County, Florida, of which Pinellas
County was formerly a part, also being a point on the South right of way line of Park
Street; thence N89057' 12"E, along said South right of way line of Park Street, 33.58 feet;
thence leaving said South right of way line of Park Street, NOoo02'48"W, 29.37 feet;
thence N89057' 12"E, 46.67 feet; thence SOoo02'48"E, 29.37 feet, to a point of
intersection of the East right of way line of Ewing Avenue and said South right of way
line of Park Street; thence SOoo17'56"E, along said East right of way line of Ewing
Avenue, 65.30 feet to a point on the centerline of a vacated alley as recorded in O.R.
Book 6228, Page 1131, of said Public Records; thence N89057' 12"E, along said
centerline, 139.40 feet; thence SOooI6'17"E, 199.70 feet, to the North right of way line of
Pierce Street; thence S89057' 12"W, along the said North right of way line of Pierce
Street, 179.76 feet to the intersection of the West right of way line of Ewing Avenue,
thence NOo020'23'~W, along the said East right of way line of Ewing Avenue, 36.45 feet;
thence S84010'05"W, 57.03 feet, thence N05049'55"W, 126.00 feet; thence
N23029'22"W, 8.83 feet, thence S66030'38"W, 4.40 feet; thence N23029'22"W, 126.00
feet; thence N66030'38"E, 46.67 feet; thence S23029'22"E, 34.41 feet to a point on the
said South right of way line of Park Street; thence N89057' 12"W along said South right
of way line of Park Street, 30.12 feet to the point of beginning. (containing 59327.88
S.F., M.O.L.)
.
S:\ENGIN\Projects\Downtown Pond - #98-01l6-EN\legals for plat and lease. doc
Cl
I
~
iii
II
E
o
!;
E
:E
ll.
r-
III
;,;
...
Pi
o
I
t
ci
o
o
o
~
~
f
~
c
..
II
C
!!
.!
]
0:
tl
II
'0'
0:
"
~
Iii
.
2
PARK STREET
-L
1
I
I
--L
LOT 3
......CNOU... PARK.
P.8. I, PO. 70
BlOCK 3
.
l
.-1
PARK STREET
.--
.
."RS. SARAH .....UUEN'S SUBDIIt1Sl~
P.8. I, po. 41
BlOCK 5
NORTH
VAC. AlLEY OR 8UB. PG 1131
.... REPLA T fOR PURPOSE Of SHOVtlNO AI..LD
"'T NORTH SlOE Of 8lOCKS ..... AND .11.
Of CO"'CHMAN HEIGHTS" 9'~
P.8. 20, PG. 28 "Ii 'I'... .
IILOCK ... LOT III .~;...
41';'-
PIERCE STREET
80' rc/W OR 1437, PO 524
LOT 17
LOT 18
LOT 19
PARCEL 2
Note: This is not a survey.
Scale: l' = 60'
PIERCE STREET
eo' rc/W 0/1 1437, PG 524
LOT 20
-..-..-1
~u.._ .,
LOT 5
4-
LOT 17
LOT lB
LOT 19
--
LOT III
.-
LOT 20
I
I
.
Parcel 3
.
Begin at the Northwest corner of Lot 9, Tack and Warren Subdivision, as recorded in Plat
Book 21, Page 48, of the Public Records of Pine lias County, Florida, also being a point
on the South right of way line of Park Street; thence N89057' 12"E along said South right
of way line, 160.00 feet; to the Northeast corner of Lot 11, of said Tack and Warren
Subdivision, also being a point on the West right of way line of Prospect Avenue; thence
SOool7'56"E, along said West right of way line of Prospect Avenue, 110.00 feet, to the
Southeast corner of said Lot 11; thence S89057' 12"W, 110.00 feet to the Southwest
corner of Lot 10 of said Tack and Warren Subdivision; thence SOool7'56"E, 10.00 feet;
to a point on the centerline of a vacated alley as recorded in O.R. Book 4616, page 1440,
of said Public Records; thence S89057' 12"W, along said centerline, 50.00 feet; thence
NOool7'56"W, 10.00 feet, to the Southwest corner of said Lot 9; thence continue
NOOOl7'56"W along the West line of said Lot 9, 110.00 feet to the point of beginning.
(containing 18100.18 S.F., M.O.L.)
.
S:\Projects\Downtown Pond - #98-0116-EN\legals for plat and lease.doc
r- - - -1-1 - VAC~AlL[Y ~ <a,L '440 .. ~~ . .
"i . 50.00
LOTJ i (.._.._..~.._.~~..~
L---, i i
. .
. .
I I
. LOT 16 . LOT 15
. .
I I
. .
. .
I I
a survey. .
. .
I L
u
~
NORTH
P.O.B. PARCF:L oJ
NW CORNCR OF lor 9,
TACIC . WARREN SIJII.
T
-,
I
LOT 6
I
I
LOT 7
LOT 4
LOT 5
LOT 2
I
"-.'-'.-",
I
LOT 17
PARCEL 3
Note: This is not
Scale: l' = 50'
LOT 1
--1.
.
L
1
_I
I
P ARK STREET
LOT 8
LOT 12
-,
~.._.._.._..
I
~.._.._.._..
I
L
Rev. 11/29/01
LOT 13
LOT 14
".,..,...",... ""T
.
~
<
I-
o
w
a..
U)
o
Q:
a..
.
Reports
I
Exhibit J
I
1. Geotecnical Data Sheet for Town Lake Project by P.S.1. dated October 1995;
2. Phase I Environmental Site Assessment (Property A) by IT Corporation dated March
1999;
3. Phase I Environmental Site assessment (Property B) by IT Corporation dated March
1999;
4. Phase I Environmental Site assessment (Property C) by IT Corporation dated March
1999 ;
5. Phase I Environmental Site assessment (Property D/901-909 Park Street) by IT
Corporation dated March 1999;
6. Phase I Environmental Site assessment (Property E) by IT Corporation dated March
1999;
7. Phase I Environmental Site assessment (Property F/900 Pierce Street) by IT
Corporation dated March 1999;
8. Phase I Environmental Site assessment (Property G) by IT Corporation dated March
1999;
9. Phase I Environmental Site assessment (Property H) by IT Corporation dated March
1999;
10. Phase II Environmental Site Assessment (ESA) - Property A and Property B by
Dames & Moore dated June 2, 1999;
11. Supplemental Phase II Environmental Assessment - (Property D&E) by ECT dated
June 4, 1999;
12. Supplemental Phase II ESA - Property B by Dames & Moore dated September 13,
1999;
13. Report - Supplemental Groundwater Assessment - Property B by Dames & Moore
dated February 8, 2000;
14. Report - Semiannual Groundwater Monitoring - Property B by Dames & Moore
dated May 17, 2000;
15. Report - Semiannual Groundwater Monitoring - Property B by Dames & Moore
dated October 18, 2000;
16. Hydraulic Lift Removal Report - Property B by Dames & Moore dated October
2000;
17. Tank Closure Assessment Report - Property B by Dames & Moore dated October
2000;
18. Supplemental Groundwater Monitoring - Tank Closure Assessment - Property B by
Dames & Moore dated October 27,2000;
19. Report of Geotecnical Investigations for the Town Pond Rehabilitation Project by
Parsons Engineering dated November 6, 2000;
20. Monitor Only Plan - Property B by URS/Dames & Moore dated December 2000; Site
Assessment and Remedial Action Plan - Property B by URS/Dames & Moore dated
April 2001;
21. Summary of Environmental Activities by URS/Dames & Moore dated February 20
2001;
I
Exhibit J
I
22. Summary Document: Site Assessment and Remedial Action Plan - Property B by
URS/Dames & Moore dated April 2001;
23. Summary Report of Supplemental Soil Delineation Activities - Property B by URS
dated August 2001;
24. Site Assessment Summary Letter Report - Property B by URS dated November 16,
2001;
25. Focused Risk Assessment - Property B by Hazardous Substance & Waste
Management Research, Inc., dated November 2001;
26. Interim Source Removal Plan - Property B by URS dated November 2001;
27. Report of Hydraulic Equipment Disposal and Assessment Report for Property D by
URS dated November 2001.
Correspondence
1. Response to FDEP Review Comments - Property B by URS dated May 15,2001;
2. Response to FDEP Review Comments - Property B by URS dated May 25, 2001;
3. Response to FDEP Review Comments - Property B by URS dated September 4, 2001;
4. Response to FDEP Review Comments (DRAFT) - Property B by URS dated November 19,
2001 (Note: This document has not yet been sent to the FDEP);
5. Subsurface Peat Layer - Property B by URS dated October 12, 2001;
6. Preliminary Opinion of Estimated Cost for the Removal of Organic Materials - Property B
by URS dated October 22,2001;
7. Project Status Report Number 1 for September 2001;
8. Project Status Report Number 2 for October 2001; and
9. Project Status Report Number 3 for November 2001.
"I