INTERLOCAL AGREEMENT
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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 t(') 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
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WHEREAS, the Agency proposes to exercise its powers available under Part III, Chapter
163, Plorida 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
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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
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.
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(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
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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
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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;
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(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 of the 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 of the 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.
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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
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from the Developer, accepted it, and entered into the Development Agreement with the
Developer, which sets forth the respective rights, duties and obligations of the 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 oflaw.
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4.4 Concurrency.
The parties hereto recognize and acknowledge that Florida law (specifically, Part II,
Chapter 163, Florida Statutes, and Rule 9J-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.
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(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.
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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
of the 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
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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
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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 Pine lIas 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 Project 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 Project Coordination.
(1 ) It is the intent and desire of the parties hereto that the design and construction of
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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 (I) 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.
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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 Project.
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
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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
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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.
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(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
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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 200 I. 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.
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ARTICLE 10
DEFAUL T; 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 of the 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.
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(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
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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
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the Agency and the City as of the Effective Date.
11.3 Assignment. Neither party may assign or transfer any or all of its duties, rights,
responsibilities, or obligations under this Agreement to any other party or any person not a party
to this Agreement without the express prior approval of the other party to this Agreement.
11.4 Severability. The provisions of this Agreement are severable, and it is the
intention of the parties to confer the whole or any part of the powers herein provided for and if
any of the provisions of this Agreement or any other powers granted by this Agreement shall be
held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said
court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby
declared to be the intent of the parties hereto that this Agreement would have been adopted,
agreed to, and executed had such unconstitutional, invalid or void provision or power not been
included therein.
11.5 Controlling law. Any and all provisions of this Agreement and any proceeding
seeking to enforce and challenge any provision of this Agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Pinellas
County, Florida.
11.6 Members of the Agency and City Not Liable.
(l) All covenants, stipulations, obligations and agreements of the Agency and the
City contained in this Agreement shall be deemed to be covenants, stipulations, obligations and
agreements of the Agency and the City, respectively, to the full extent authorized by the Act and
provided by the Constitution and laws of the State of Florida.
(2) No covenant, stipulation, obligation or agreement controlled herein shall be
deemed to be a covenant, stipulation, obligation or agreement of any present or future individual
member of the governing body or agent or employee of the Agency or the City in its, his or their
individual capacity, and neither the members ofthe Governing Body of the Agency or the City or
any official executing this Agreement shall individually be liable personally or shall be subject to
any accountability by reason of the execution by the Agency or the City of this Agreement or any
act pertaining hereto or contemplated hereby.
11.7 Expiration of Agreement.
(1) This Agreement shall expire and terminate by its own terms without further notice
or action by any party hereto on the tenth (lOth) anniversary of the Effective Date.
(2) The parties covenant and agree that upon this Agreement expiring and terminating
on the Expiration Date, all rights, privileges, obligations and responsibilities of any party
hereunder shall expire and be of no force and effect, except to the extent any provision hereof
expressly survives the Expiration Date.
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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
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,
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:
A ITFST:
By:
[
C . a E. Goudeau, City Clerk
CITY OF CLEARWATER, FLORIDA
By: A.i.... ~.~ T
William B. Horne II
City Manager
Approved as to form:
Attest:
p!:diJ Akin
(~Z. !La r..
Cyn "a E. Goud~u ..
CIty lerk ./ ..
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by BRIAN J. 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 ,..~# day of ~ ,2002.
C ~~
NO~liC
My Commission Expires:
(Affix notarial seal)
tIt1fNW JtUILlC . nATI Of' FLOM:lA
CAROlYN L BRINK
COMMISSION' CC834678
EXPIRES 5/22/2003
BONDED THRU ASA 1-888-NOTARYl
26
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I
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, o~e CITY OF
CLEARWATER, FLORIDA, on behalf of the City, this ''1 day of
~ ,2002.
My Commission Expires:
~~.~
Notary Pu c
(Affix notarial seal)
NOTARY "UILIC . ITAT! OF FLORIDA
CAROLYN L BRINK
COMMISSION" CCB34678
EXPIRES 5/2212003
BONDED THRU ASA 1-888-NOTARY1
27
I
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Interlocal Agreement
Exhibit List
Exhibit "A"
Project Site
Exhibit "B"
Site Plan
Exhibit "C"
Infrastructure Improvement Completion Certificate
Exhibit "D"
Agreement Termination Certificate
Exhibit "E"
Schedule of CRA payments
Exhibit "F"
City owned property
Exhibit "J"
List of environmental documents prepared by Dames &
MoorelURS
EXHffiITS "G" "H" AND "I" INTENTIONALLY OMillED
ff
I I
· EXHIBIT A
Project Site
.
.
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I
ParcellA
.
Begin at the Southeast corner of Lot 14, Block 1, Magnolia Park, as recorded in Plat
Book I, 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' I2"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 I, of said Magnolia Park and the West
right of way line of Prospect Avenue; thence SOoo17'56"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 SOOI7'56"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' I2"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 10, 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.)
.
.
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Parcel IB
.
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 N89057' 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 SOooI7'56"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 SOoo!7'56"E, 8.16
feet; thence S89042'04"W, 21.42 feet; thence SOoo02'48"E, 22.38 feet; thence
S89057' 12"W, 46.67 feet; thence SOoo02' 48"E, 29.37 feet to the South right of way line
of Park Street; thence S89057' 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 N83053'00"W, 188.67 feet, thence
N06007'OO"E, 3.23 feet to the North right of way line of said Park Street; thence
S89057' 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 line of Prospect Avenue;'thence NOool7'56"W, along the
said East right ofline of Prospect Avenue, 20.22 feet; thence S8IoI8'37"W, 1.05 feet;
thence N08041 '23"W, 46.67 feet; thence N8I 018'37"E, 7.93 feet to the said East right of
way line of Prospect Avenue; thence NOool7'56"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 N89057' 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 SOooI7'56"E, along the West line of said Lot 9,102.50 feet, to
the point of beginning. (containing 120739.82 S.F., M.O.L.)
.
S:\ENGIN\Projects\Downtown Pond - #98-0ll6-EN\legals for plat and lease. doc
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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' 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 NOoo20'23"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 - #98-01 l6-EN\legals for plat and lease. doc
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Parcel 3
.
Begin at the Northwest comer 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 comer 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 comer 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 comer of said Lot 9; thence continue
NOOo 17' 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
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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
nA
I
(SEAL)
ATTEST:
BY:1~d,
Its: Ex cuti e DIrector
, as
(SEAL)
ATTEST:
BY:~[~O
City Clerk
rJJ
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
~
The foregoing instrument was acknowledged before me this ~ day of
~, ~o()l by 'Sf/itA) u. AvAlCrr, 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)
~~ ;t.~
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
STATE OF FLORIDA
COUNTY OF PINELLAS
t90'fNf<f PUBLIC. STATE OF FLORIDA
CAROLYN L. BRINK
c()MUlS8lON' CC83467B
EXPIRES 5/2212003
IONDID THRU A.SA. 1-888-NOTARY1
The foregoing instrument was acknowledged before me by Bill AI\! J'.IhJ,vtisr
and~-M.ill G'o&)cle'-~ as Mayor and City Clerk, respectively, of the CITY OF CLEARWATER,
FLO DA, on behalf of the City, this 13~ day of ~ , 240,2
(SEAL)
~~~
Printed/Typed Nam :
Notary Public-State of Florida
Commission Number:
NOTA/lV PUILlC ,lTATe OF FLORIDA
CAROLYN L BRINK
COMMISSION II CC83467B
EXPIRES 5/2212003
IONDED THRU ASA 1-888-NOTARYl
C-3
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~
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 Interloca1 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 Interloca1 Agreement as provided in Section 10,6 thereof
and constitutes a conclusive determination that the Interloca1 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 Interloca1 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
rfJ
I.
I
Countersigned: CITY OF CLEARWATER, FLORIDA
~/~~~~~
Brian J, Aungst (/" William B, Horne II
Mayor-Commissioner Interim City Manager
Approved as to form:
Vii
Attest:
Pamela K. Akin
City Attorney
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By: ~ qJL-<:
Its Chain6an
, as
(SEAL)
ATTEST:
/
By: /~~~ ,as
Its: Execuf e Director
D-2
!/J
I. I
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this /3'fL day of
~ ,200.2., by BRIAN J, AUNGST, Mayor-Commissioner of the City of
Clearwater, who is personally known to me,
~~.~k
Print/Type Name:
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this I '3 ~ day of
'Y)\..vv , 20 () z, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me,
~;t~
Print/Type Name,
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
V\. . The foregoing instrument was acknowledged before me this 13 ~day of
, I\..MJ , ;tvO.l.. by B.e.IIlAJ .r. 9111t1GJ'r, 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.
~~.;- ~. ~
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
(SEAL)
D-3
NOTArIY PUBLIC . STATE OF FLORIDA
CAROLYN L BRINK
COMMIS8ION. CC834678
EXPIRES 5/2212003
.ONDlD THRU ASA 1-888-NOTARY1
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
2001/02
$116,031
$116,031
$154,709
$386,771
30%
2002/03
30%
.
2003/04
40%
Total
100%
.
I I
· EXHIBIT F
City owned property
.
.
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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 SOoo16' 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 NOoo20'23'~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.)
.
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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
NOOo 17' 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.)
.
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PROSPECT AVE.
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Exhibit J
I
Reports
1. Geotecnical Data Sheet for Town Lake Project by P.S,I. 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;
-
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,
..'''''.- -, .'.
....
\
) DEVELOPMENT AGREEMENT J
THIS AGREEMENT made th is 611 Q.)'-day ~f &u L., t~ ,
1984, by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corpolation, hereinafter called "the City", the
CLEARWATER REDEVELOPMENT AGENCY, a body politic and corporate
under the laws of the State of Florida hereinafter called "the
Agency" and COACHMAN DOWNTOWN CENTER ASSOCIATES, a Florida
general partnership, hereinafter called "CDC."
WIT N E SSE T H:
----------
WHEREAS, CDC has the option to purchase two parcels
of real property, more particularly described on Exhibit "A"
attached hereto and made a part hereof, hereinafter referred to as
.parcel A" and on Exhibit UB" attached hereto and made a part _
hereof, hereinafter referred to as .Parcel B", such real property
being located in the City of Clearwater, pinellas County, Florida:
and "
WHEREAS, Parcels A and B are located within the Downtown
Development District of the City aod are under the development
jurisdiction of the Agency: and
WHEREAS, CDC is. desirous of renovating, rehabili-
tating and constructing an office and retail building,
including limited on-site parking, located on Parcels "A" and
Na" together with securing rights to parking in facilities to
be constructed by the City or the Agency on a parcel
described on Exhibit "CO attached hereto.
WHEREAS, the City and the Agency consider that develop-
ment of the real property described as Parcels A and B as con-
templated by CDC is in the public interest: and
WHEREAS,: the City, the Agency and CDC, subject to
all applicable provisions of Part III of Chapter 163, Florida
Statutes, desire to enter into an Agreement establishing the
duties and obligations of the parties hereto for the acquisition
and development of the real property described as Parcels A, Band
the parking facility (Exhibit "CN) in the manner contemplated
by CDC on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoingreci-
tals, the mutual covenants and conditions contained herein and
other good and valuable considerations, the receipt of which is
hereby acknowledged, the City, the Agency and CDC hereby agree
as follows:
CAK:thm '4440.
12/04/84 DKMA21.l
f
1. Recltals. The above recitals ~ce true and correct
and are incorporattd herein by reference. I
2. Defihitions. As used in this Agreement the
following terms shall have the following meanings:
2.01 Agency. "Agency" means the Clearwater
Redevelopment Agency with their principal location at 112 s.
Osceola Avenue, Clearwater, Florida.
2.02 Agreement. "Agreement" means this Agreement as it
may be amended from time to time as provided for herein.
2.03 City. "City" means the City of Clearwater,
pinellas County, Florida, with their principal location at 112 S.
Osceola Avenue, Clearwater, Florida, acting through its governing
body, the City Commission of the City of Clearwater.
2.04 Closing. "Closing" means the execution and deli-
very of those documents and funds necessary to perfect the closing
of this transaction and the transfer of title to the real property
as contemplated hereby.
2.05 Conditions Precedent. "Conditions Precedent" means
those items which must be satisfied prior to closing and prior to
development in order to opligate CDC to purchase the real pro-
perty as described herein and to proceed with development.
2.06 Coachman Downtown Center Associates. "CDe"
means a Florida general partnership with its principal place
of business at 15 South Lincoln, Clearwater, Florida.
2.07 Office Building. "Office Building" means a five
story multi-tenant commercial office building which shall contain
approximately 14,383 square feet of commercial retail space on the
first level thereof, 33,000 square ,feet of commercial office
and/or limited retail space.
2.08 Parcel A. "parcel A" means that certain parcel of
real property more particularly described on Exhibit "An attached
hereto and made a part hereof (The Coachman Parcel).
2.09 Parcel B. "Parcel B" means that certain parcel of
real property more particularly described on Exhibit liB" attached
hereto and made a part hereof (The Boyd Parcel).
2.10 Parking Facility. "Parking Facility. means a
p-at:k..iJ.I9-.9~~ge, said p~:r;k in,g-!acili t"yj_o-C..Qn~~~Jl_q. mj.~um of
200 pa.rkiJ)g_~J2ac_~.!-~e_9~.ned.J!Y--th~.~--=ncl_.9E Cll}' \tiith 100
.
-2-
,
~.
dedicated to use b~office building tenants p'IJrsuant to
later defined and qp be located as described n Exhibit
. -
terms
"C".
2.11 Real Property. "Real property" means the real
property described on Exhibits "A", "a" and "C" attached hereto,
all of which are the subject of this Agreement together with any
permanent improvements that may be located thereon together with
all rights and the pertinences thereto.
3. All executory provisions of this Agreement are
expressly made subject as a condition to prior satisfaction of and
compliance with the provisions of all applicable state and federal
laws, local ordinances and other rules and regulations. Included
in such statutes are all applicable provisions of Part III of
Chapter 163, Florida statutes. The parties hereto agree to exert
their best efforts to secure the satisfaction thereof and
compliance therewith.
4. Conditions Precedent. In addition to any other con-
ditions precedent contained in this Agreement, CDC shall not
be required to proceed under this Agreement unless the following
conditions precedent have been satisfied as of the closing:
(a) That the real property described as Parcels A
and B and the parking facility is zoned to permit construction,
renovation and rehabilitation of the office building and parking
facility as contemplated by CDC. The City shall furnish to
,CDC a certified copy of the zoning ordinance and any resolu-
tion applicable to the real property evidencing such zoning.
(b) That CDC shall be in receipt of an opinion
letter from the City Attorney, City of Clearwater, Florida,
opining the following as of the closing:
(i) The zoning classification of the real property
described as Parcels A and B and the parking faci-
lity:is suitable for the intended use by CDC of
such real property and that such use is permitted
under the applicable zoning ordinances and regula-
tions of the City, the pinellas County land use plan
and any applicable regulation, resolution, plan or .
other promulgations made, passed or adopted by the
Agency.
(ii) That the City and the Agency have the right
and power of authority to enter into this Agreement
concerning the real property described as Parcels A,
Band C. (There shall be attached to the opinion
letter true and correct copies of the resoution of
the City of Clearwater and the Agency authorizing
-3-
.
the execution of this
,
Agreemen~
I
I
(e) That CDC has received satisfactory written
evidence that all necessary sewer, water, drainage and other uti-
lities and streets and roads are available to the project and have
been or will be upgraded or constructed, at City's expense, and
brought to the real property described as Parcels A, Band C,
prior to or simultaneously with the construction of the office
building and parking facility. Such facilities, including all
utilities and street widenings or other improvements, shall be
upgraded or constructed in full compliance with all rules, regula-
tion standards or specifications of the governmental authority
having jurisdictions thereof.
(d) COC has received a certified copy of the
inducement resolution of the City authorizing the issuance of
Industrial Revenue Bonds for the acquisition and development of
the real property as contemplated by this Agreement and funds from
sale of bonds are available for development.
(e) That CDC has received satisfactory written
evidence that the City has sufficient right and title in and to a
certain public alleyway located adjacent to the east side of
Parcel "A", more specifically described on Exhibit "0" to grant to
CDC a non-exclusive right (license) to use said alley pro-
vided that pedestrian traffic is not prohibited. Said use shall
(1) permit the placement of furniture and material in the area
consistent with continued public use allowing open pedestrian
ingress and egress; (2) allow mutually acceptable resurfacing
(except for the Florida Power vault near the south end of the open
space) and; (3) provide that. CDC is to keep the alley free of
trash and debris.
(f) That, subject to submitting site and
building plans and specifications a~d a community impact state-
ment, all of which: conform with applicable codes, CDC has
received satisfactory written evidence of the availability
and subsequent issuance of a building permit for the .
construction of the office building and parking facilities as
contemplated by this Agreement.
5. Further Obligations of COC.
Ca) COC agrees to submit plans, specifications,
including a site plan, for review and approval. Such submittal
shall allow at least forty-five (45) days for the review process.
Cb) CDC agrees that it will pay the required
fees for the issuance of a building permit for the construction,
renovation and rehabilitation of the office building as con-
templated by this Agreement and will commence construction of the
-4-
~
~'-
project within ninety (90) days thereafter, e~cept for delays
beyond the controllof CDC . Construction ~ill be continued
with due diligence thereafter except for causes beyond the control
of CDC . I
It is intended that the property described as Parcel
A, and Parcel a, and all improvements thereon, shall not be exempt
from ad valorem taxes, but shall be subject to ad valorem taxes as
provided for by law. Accordingly, CDC and its successors and
assigns agree that it will not sell or transfer title to any orga-
nization which is at the time of the conveyance exempt from the
payment of ad valorem taxes except for sales or transfers to the
City or the Agency.
6. Warranties and Representations of the City and Agency.
--_~~he City and the Agency represent, warrant and covenant (and which
wa'rranties, representations and covenants shall be effective as of
the date of and which shall survive the closing) the following:
. (a) That the City and.the Agency have the right,
power and authority to ente~ into this Agreement.
(b) That all utilities, streets and roads necessary
for development and operation of t~e office building and parking
facility are available to the real property described as Parcels
A, a and the parking facility.
(c) That there are no special assessments against
or relating to the real property and that the City, at the present
time, was not contemplating any assessments thereon.
(d) That the real property has a zoning and land
use classification for a multi-tenant commercial and retail office
building and parking facility.
/7. Parking Facility.
7.01 Lease of Spaces. The Agency and/or City
agrees to lease to CDC and CDC agrees to lease 50 full size
parking spaces in the parking facility at a rate of Twenty
Six and 25/100ths Dollars ($26.25) per month per space. For
a period of twenty four months from completion of the parking
facility, CDC shall have the option to Jease up to 50
additional spaces for a term and at a rate specified below.
All of said spaces shall be available December 31, 1985.
7.02 Term. The lease term for the first fifty
(50) spaces shall begin upon issuance of a certificate of occu-
pancy for the parking facility or December 31, 1985,
whichever last occurs, and shall continue for a period of 15
-5-
~
\
years. The te~m may be increased to 20 years if the law sub-
sequently allows. I ,
7.03 Design and Construction of Parking Facility.
The City shall design and construct the parking facility.
Construction shall be in accordance with the plans and specific~-
tions approved by the City and the Agency.
7.04 Option to Lease a Portion of the Parking
Facility. For a period of 24 months from completion of the
parking facility, the Agency grants to CDC an option to lease
up to 50 additional parking spaces located on the remaining
portion of the parking facility for a term equal to that spe-
cified in 7.02 at antannuaJ..~ent.al of $420.0.cL_8~ spac~1 The
annual rate shall be adjusted December 31, 199 to equa the
then market rate for long term parking in the facility and
readjusted a9cording1y each 5 years thereafter during the
lease term. ~The option must be exercised in increments of 10
spaces and fees shall be pai rl m9nt-t11y in-.adva.nc~ The Ci ty .
or Agency agrees to use its best efforts to-make an addi-
tional 25 spaces available to CDC as additional option spaces
during the option period, on the same terms as specified
above except rental shall be at the same rate currently
available to general monthly users.
8. Governmental Cooperation. The City and the Agency
agree that its authorized agents, administrators or attorneys will
execute or cause to be executed such applications, petitions,
agreements, easements, dedications, plats or other instructions as
CDC may require to cause any applicable government authority
to adopt any resolution, pass any ordinance or issue any order,
license or permit that may be required by CDC for acquisition
of the development and operation of the real property as con-
templated under the terms and conditions of this Agreement.
9. Development Action Grants. It is understood that
the City does not presently qualify for Development Action Grants,
however, if such grants are available prior to the time of commen-
cement of construction, the City agrees to use its best efforts to
make available to CDC up to 5.5 Million Dollars ($5,500,000.00)
in Development Action Grants for the construction of the office
building contemplated by the terms of this Agreement. The parties
hereto agree to cooperate with each other and to execute any
application which may be required to obtain such financing.
10. Remedies.
10.01 Default. In the event of a default in
compliance with the terms and conditions of this Agreement by any
party, the aggrieved party or parties may, in addition to any
other remedies, sue for specific performance. If any title defect
has been created by an act of the City or the Agency and the City
-6-
,
..
or the Agency cet_....es to cuce same, CDC may 1.._ its option
determine to pcocefd with the development, n~~withstanding
defect in which ev,nt CDC shall have the rig~ to sue for
damages or pursue any other remedy provided by law.
10.02 Indemnification. Each party shall indemnify
and hold the others harmless from any claim, damage, cost, loss or
expense, including attorney's fees or other expenditures which
arise out of, or relates to any default hereunder by such party as
to the representations, warranties or covenants made herein.
such
11. Miscellaneous.
11.01 Notices. Any notice required or permitted to
be given hereunder shall be sufficient if in writing and sent by
registered or certified mail, postage prepaid, to the party given
such notice at the address set forth below:
To City:
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 33516
To Agency:
Clearwater Redevelopment Agency
112 ~. Osceola Avenue
Clearwater, FL 33516
To:
Coachman Downtown Center Associates
15 Lincoln Avenue South
Clearwater, FL
C. Allen Kynes, Esquire
Robinson, Macpherson, Harper,
Kynes, Geller & Watson, P.A.
600 Bypass Drive, suite 200
Clearwater, FL 33546
11.02 Entire Agreement. This Agreement is the
entire Agreement of the parties with regard to the transaction
dealt with herein.
Copy to:
11.03 Assignment. CDC shall not assign this
Agreement nor any of its rights or obligations hereunder without.
the express written consent of the other two parties, which con-
sent shall not be unreasonably withheld.
11.04 Survival of Agreement. The terms and con-
ditions of this Agreement under covenants, warranties and repre-
sentations made herein shall survive the closing hereof and the
delivery of all related documents.
-7-
,
(
II.US Modifications. Parties Acknowledge that this
Agreement may be mtdified only by written in~ruments signed by
all parties hereto.
11.06 Attorneys' Fees. In the event of any litiga-
tion between the parties arising out of this Agreement or the
collection of any funds due the Buyer or the Seller pursuant to
this Agreement, the prevailing party shall be entitled to recover
all costs incurred, such costs include without limitation reaso-
nable attorneys' fees, also including attorneys' fees on appeal.
11.07 Waiver. No waiver hereunder of any condition
or breach shall be deemed to be a continuing waiver or a waiver of
any subsequent breach.
11.08 Headings. Headings used herein are for con-
venience only and do not constitute a substitute of part of this
Agreement.
11.09 This Agreement shall be governed by Florida
law.
12. Special Provisions.
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,
\...
IN WITNESS h~EREOF, the parties herfto have set their
hands and seal on the day and year first writt-en above.
countersigned by:
AS TO FORM AND
WITNESSES
municipal
ATTEST
~ L.
. - .
t....b ~ _ ~(., __~
Ci ty Clerk .---
CLEARWATER REDEVELOPMENT AGENCY
A Body Politic and Corporate under
::~ la~ Sle ~:da
rh~' '/
COACHMAN DOWNTOWN CENTER ASSOCIATES
A Florida General partnership
By: Oca~ J;!~.
wner
-9-
,
~
EXHIBIT "A" TO DEVELOPMENT
AGREEMfNT DATED I
.
All of Lots 1 and 2, less any part lying within the Cleveland
street right-of-way and the North 26.17 feet of Lot 3, of
Block 4, GOULD AND EWING SECOND ADDITION TO CLEARWATER
HARBOR, as recorded in plat Book H-l, page 52, Public Records
of Hillsborough County, Florida, of which pinellas County was
formerly a part.
;
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EXHIBIT B TO DEVELOPMENT I
AGREEMENT ~TED
,
LEGAL DESCRIPTION
Lots 4 and 5 and the East 26 feet, 10 inches of Lot 3, Block
4, GOULD AND EWING'S ADDITION TO CLEARWATER, FLORIDA,
according to the plat thereof as recorded in Plat Book 1,
Page 52, Public Records of Hillsborough County, Florida, of
which pinellas County was formerly a part.
t
.
I
I
EXHIBIT C TO DEVELOPMENT
AGREEMENT DATED
LEGAL DESCRIPTION
Lots 2 and 7, and part of Lots I and 8, Block 5, GOULD' EWING'S FIRST AND
SECOND ADDITION TO CLEARWATER HARBOR, FLORIDA, as recorded in plat Book 1,
Page 52, Public Records of Hillsborough County, Florida, of which pinellas
County was formerly a part.
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~UNITY REDEVELOPMENT AGENCY
Minutes I
February 13, 1995
The city commission, meeting as the community Redevelopment Agency, met
in regular session at city Hall, Monday, February 13, 1995 at 1:15 pm,
with the following members present:
Arthur X, Deegan, II
sue Berfield
Richard Fitzgerald
Rita Garvey
Chairperson
Vice-Chairperson
Trustee
Trustee
Also present: Betty Deptula
Peter Gozza
Dan Leiter
pamela Akin
Jacquie DeGroy
city Manager
Executive Director
EX-officio Trustee
city Attorney
Recording Secretary
Absent: Fred Thomas
David stone
Bill schulte
Trustee
EX-officio Trustee
Chamber of commerce
A motion waS made, seco~ed and unanimouslY carried to approve the
minutes of January 30, 1995.
2. Approval of Minutes
-3. Unfinished Business
CRA Lease for 423 Cleveland street - To alloW the city Attorney
additional time to review the lease, a motion was made, seconded
and unanimously approved to continue this item until the February
27, 1995 CRA meeting,
Trustee Garvey requested that. a compilation of the total costs of
the move be submitted,
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Brasfield Letter The letter written by Mr. · Mrs. Brasfield,
owners of the old Morrison restaurant, requested that the
boundaries of the community Redevelopment Agency be expanded to
include their property so they could take advantage of the CRA's
programs. Mr. Gozza will respond to the Brasfield's informing them
that district expansion is an item that will be addressed in the
planning of the neW redevelopment plan and he will be able to
respond to their request in a more factual manner after the plan
has been presented. Any property that would be added to the CRA
distri~t must be contiguous. Trustee Garvey requested that a list
of the pros and cons in expanding the CRA district be submitted by
Mr. Gozza,
4. New Business
parkin AssistanCe Checker'S cor oration - Mr. Gozza presented thE
history on this item. The Checker'S corporation was looking tc
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CRA
February 13, 199
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possiblY relocatl out of downtown Clearwater - in countryside or
st. petersburg, After a meeting with Chectr's officials, Mayor
Garvey, Peter GoZZa, and a representati ve from the Chamber of
commerce, it was agreed that Checker'S would stay dowrtown if they
could negotiate a favorable lease with Ml\S ONE for their office
space and if they were able to reduce their parking costs. working
with the city Manager, and traffic engineering - 40 parking spaces
@ $15.00/space could be obtained in the Kravas parking lot and 18
spaces @ $37. 50/space in the Garden Avenue Garag... The CRA
proposal is to subsidize the parking by paying the difference
($22.50) between the Garden Avenue rate and the Kravas rate which
amounts to $5,000.00 on an annual basis, $405.00 monthlY, The
$5,000.00 would come from the Redevelopment projects Account and
would be for a three (3) year period. Mr. Gozza spoke with
Checker'S this morning and was informed that they have reached a
favorable lease with MAS ONE and if the parking subsidy is approved
they will re.main in downtown Clearwater. A motion waS made,
seconded and unanimouslY carried to approve the annual expenditure
of $5,000 to be paid in monthly installments to the city Parking
Fund, This will commence in May 1995,
5. Executive Director Verbal Reports
None
6. other Trustee Business
Chairperson Deegan welcomed the newly-elected Downtown Development
Board Chairperson, Dan Leiter.
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Dan Leiter commented on the proposed leasing of the CRA office
space and indicated his opposition to the CRA using a "storefront"
for office space. since Calvary Baptist Church is not renewing the
leases of the retail merchants in the 400 block, storefronts on
Cleveland street are dwindling.
Mr. Leiter suggested that .the DDB & CRA work together on
redirecting the DDB's efforts. A meeting between Mr. Leiter, Ms.
Judi Hackett and Mr. Gozza has been initiated to address these
efforts. Mr. Leiter will investigate the possibility of renting
office space adjacent to the proposed CRA office space by
contacting the property owner, Mr. Terry Tsafatinos.
7.
Adjournment
Meeting was adjourned at 1:31
pma1J~'~
Chairperson
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~ttest:
retary
cRA
February 13, 1995