INTERLOCAL AGREEMENT FOR STATION SQUARE PROJECT
KARLEEN F. DE BLAKE
PINELLAS COUNTY FLO~' CLERK OF COURT
INST# 2004099916 O:U DA
OFF REC BK: 13421 ':n:oO:-9~:S:12 PM
DocType:AGM RECORDING: $249,00
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INTERLOCAL AGREEMENT
(Station Square Project)
This INTERLOCAL AGREEMENT (the "Agreement"), made and entered into as
of this 17th day of February, 2004, by and between the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a public
body corporate and politic of the State of Florida (the "Agency"), and the CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"),
WIT N E SSE T H:
WHEREAS, it is the purpose and intent of this Agreement, the parties hereto,
and the Florida Interlocal Cooperation Act of 1969, as amended and codified as Section
163.01, Florida Statutes (the "Cooperation Act"), to permit the Agency and the City to
make the most efficient use of their respective powers, resources and capabilities by
enabling them to cooperate on the basis of mutual advantage and thereby to provide
the property, facilities and services provided for in this Agreement in the manner that
will best accord with the existing and anticipated resources available to each of them
and with geographic, economic, population and other factors influencing the needs and
developments within the downtown community redevelopment area in the corporate
limits of the City and the area of operation of the Agency; and
WHEREAS, it is the purpose of the Cooperation Act to provide for a means by
which the Agency and the City may exercise their respective powers, privileges and
authorities which they share in common and which each might exercise separately; and
WHEREAS, the Agency is responsible for the implementation of the
redevelopment plan for the redevelopment, rehabilitation and improvement of the
community redevelopment area in the City; and
WHEREAS, the City and the Agency desire to have an approximately 0,97 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
Station Square Interlocal Agreement
February 11,2004
RETURN TO~ CITY CLERK
112 S, OSCEOLA AVE
CLEARWATER, FL 33756
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
WHEREAS, the Agency proposes to exercise its powers available under Part III,
Chapter 163, Florida Statutes, as amended (the "Redevelopment Act"), to make the
Project Site available for sale to private sector developers, and to aid, assist, and cause
the development, design, construction and equipping of a residential project thereon
consisting of 146 residential units, 15,000 square feet of retail and 324 parking spaces,
100 of which shall be public parking, and certain infrastructure improvements (the
"Project"); and
WHEREAS, the Agency published on May 14, 2003, 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 on June 23, 2003, the
proposal of Station Square, LLC ("STATION SQUARE"), dated June 13, 2003, to
develop or cause the development of the Project Site, and the Agency intends to enter
into an Agreement for Development and Disposition of Property (the "Development
Agreement") with STATION SQUARE; 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
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, equipping 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, construction and equipping 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
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February 11,2004
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
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
su pplemented,
(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.
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(4) "Agreement Expiration Certificate" means the instrument executed by the
parties hereto as provided in Section 17,19 certifying that all obligations of the parties
hereto have been satisfied and this Agreement has expired in accordance with its terms,
the form of which is attached hereto as Exhibit "E."
(5) "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 "F,"
(6) "Allowable Retail Uses" means a retail establishment that sells or leases
goods directly to the consumer, such as a book store, gift shop, antique store, florist,
clothing store, video store; an art gallery; a gourmet grocery store, which may include
accessory sales of alcoholic beverages; and prepared food for off site consumption; a
restaurant with accessory sales of alcoholic beverages; a sidewalk cafe as accessory to
the principal retail use,
(7) "Alternative Retail Uses" means tailor or seamstress; dry cleaners;
financial institution; or business office - but not medical or veterinary office,
(8) "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 and as amended by Resolution No, 03-22, adopted by the City
Commission on May 1, 2003,
(9) "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,
(10) "Building Permit" means, for all or any part of the Station Square Project
to be constructed on the Project 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.
(11) "Cassano Property" means that property immediately to the east of the
Station Square Parking Lot Site, as described in Exhibit A-2, which property is
controlled by the Developer,
(12) "City" means the City of Clearwater, Florida, a Florida municipal
corporation, and any successors or assigns,
(13) "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,
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(14) "Closing Date" means the date established as provided in the
Development Agreement when title to the Station Square Parking Lot Site is conveyed
by the Agency to the Developer,
(15) "Developer" means Station Square, LLC, a Florida limited liability
company, and its successors or assigns,
(16) "Development Agreement" means the Agreement for Development and
Disposition of Property (Station Square Project), dated as of February 17, 2004,
between the Agency and the Developer, providing for the sale of the Station Square
Parking Lot Site to the Developer by the Agency, and for the development, design,
construction, equipping and use of the Project on the Project Site, including any
exhibits, amendments, addenda, and appendices thereto and replacement or
successor agreements thereto,
(17) "Effective Date" means the date on which this Agreement becomes
effective as provided in Section 11,12 hereof,
(18) "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,
(19) "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.
(20) "Infrastructure Improvements" means the improvements to Station Square
Park and Cleveland Street, more particularly described in Exhibit C, 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,
(21) "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 completion, the form of which is attached
hereto as Exhibit "D,"
(22) "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,
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(23) "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,
(24) "Plan" means the community redevelopment plan for the Area, including
the Project Site, as adopted by the City Commission on September 18, 2003, by
enactment of its Ordinance No, 7153-03, and including any amendments to the Plan,
(25) "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 Global
Center Project.
(26) "Project Site" means the tract of land located in the Area part of which is to
be conveyed to the Developer by the CRA constituting the Station Square Parking Lot
Site, together with the Cassano property as described in Exhibit A-2, on which the Station
Square Project will be located, as more particularly described in Exhibit "A."
(27) "Proposal" means the proposal for redevelopment of the Project Site,
dated June 13, 2003, submitted by the Developer to the Agency,
(28) "Request for Proposals" or "RFP" means the Request for Proposal
published by the Agency on May 14, 2003, soliciting proposals from persons interested
in redeveloping the Project Site in accordance with the Act and the Plan,
(29) "Site Plan" means the depiction and description of the Station Square
Project on the Station Square Parking Lot Site as provided in the Development
Agreement.
(30) "Station Square Project" or "Project" means the not more than 146
residential condominium units and appurtenant facilities, not more than 15,000 square
foot allowable retail space, and approximately 326 parking spaces, approximately 100 of
which will be public parking, to be located on the Project Site as contemplated by the
Proposal and this Agreement and constructed substantially in accordance with the Station
Square Plans and Specifications,
(31 ) "Station Square Project Plans and Specifications" means the plans and
specifications pertaining to the construction, installation and equipping of the Station
Square Project, including the schedule for completing the Station Square Project.
(32) "Station Square Parking Lot Site" means that part of the Project Site, which
is conveyed to the Developer by the Agency pursuant to the terms of Article 7 of the
Development Agreement.
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(33) "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 described therein,
(34) "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 (1997), 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 Aareement 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
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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 Findinqs, 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;
(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 residential complex 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, shall provide or preserve gainful employment 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
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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 Station Square Parking Lot
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 Project Site to the
Agency for the purpose of the Agency then causing the construction and installation of
the Infrastructure Improvements to facilitate construction and installation of the Station
Square Project in accordance with the Act and the Development Agreement.
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
Station Square Parking Lot Site, and shall design, construct, equip, and install the
Station Square 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 Station Square Parking Lot Site to the
Developer the City will have conveyed such property to the Agency,
(4) The parties also intend that the Infrastructure Improvements Plans and
Specifications and the Station Square 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
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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 of Proiect.
(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 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 and the Station
Square Project, 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 ZoninQ,
On the Effective Date, the zoning classification for the Project Site is Downtown,
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abbreviated as "D." The parties recognize and acknowledge that the zoning
classification of the Project Site as of the Effective Date does permit development on
the Station Square Site, The City does hereby agree with the Agency that it will not
initiate any rezoning of the Station Square Site so as to prevent subsequent
development of the Project to the extent and for the uses currently contemplated by the
Development Agreement.
4,2 Development of Reaionallmpact.
The parties hereto acknowledge and agree that the Project is not a
"development of regional impact" as described in Section 380,06, Florida Statutes, and
is not subject to review as provided in that statute and applicable rules promulgated by
the state and regional governmental agencies,
4.3 Governmental Capacity: Established Procedures,
(1) The City's duties, obligations, responsibilities and covenants under this
Agreement shall not affect the City's rights, duties, obligations, authority and power to
act in its governmental and regulatory capacity in accordance with applicable laws,
ordinances, codes or other building or project regulations, provided that the City agrees
with the Agency to act reasonably and not impose any undue or extraordinary
requirements or regulatory procedures on the Project which are not applicable to
projects of a similar size and nature,
(2) Notwithstanding any other provIsion of this Agreement or the
Development Agreement, any permitting, licensing or other regulatory approvals by the
City shall be subject to the established procedures and requirements of the City with
respect to review and permitting of a project of a similar or comparable nature, size or
scope, In no event shall the City be required by any provision of this agreement to take
any action concerning regulatory approvals except through its established processes
and in accordance with applicable provisions of law.
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 Station Square 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,
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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 Station Square Project and shall bear all costs of preparing such
applications, applying for and obtaining such permits, and the Agency shall reimburse
the Developer for any and all applicable application, inspection, regulatory and impact
fees or charges as provided in the Development 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 Station Square Project.
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 "8," that contemplates
development of the Station Square Project consistent with the Proposal and the current
zoning classification for the Station Square 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.
(b) The Site Plan approved by the Agency shall be the basis for and
incorporated into the Station Square Project Plans and Specifications.
(c) The City does hereby approve the preliminary Site Plan attached hereto
as Exhibit "8,"
5,2 Preparation of Station Square Plans and Specifications,
(1) As provided in the Development Agreement, the Developer shall prepare,
or cause to be prepared, the Station Square Project Plans and Specifications in
sufficient detail and description of the Station Square Project, narratively if requested,
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
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Station Square Interloeal Agreement
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Station Square Project within the scope of review set forth in the Development
Agreement.
(2)(a) The City does hereby consent to the preparation of the Station Square
Project Plans and Specifications, and any revisions thereto, by the Project Profes-
sionals, and the City will not withhold approval of the Station Square 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 Profes-
sionals are not, individually or collectively, agents or representatives, either expressed
or implied, of the City or the Agency,
5,3 Review of Station Square Proiect Plans and Specifications,
The Development Agreement requires the Developer to prepare (or have
prepared) the Station Square 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 Station Square Plans and Specifications when
received from the Developer, The City covenants and agrees to approve any Station
Square Project Plans and Specifications submitted to it which are in compliance with
applicable ordinances, codes and policies and further agrees to promptly issue the
Permits for each part of the Station Square 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 Station Square 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,
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,
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ARTICLE 6
PROJECT SITE AND PUBLIC PARKING CONDOMINIUMS
6,1 Ownership of the Proiect Site. As of the Effective Date the Agency is the owner
of all of the Station Square Site except for Lot 11 and the West 2 feet 4 inches of the
South 101 feet of lot 12, Block 19, Gould and Ewings 2nd 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,
6,2 Title Conditions, The Agency covenants and agrees with the City to
obtain and maintain good and merchantable title to all of the Project Site and to take
such reasonable actions as are necessary to clear any title conditions or defects which
prevent the Agency from having good and merchantable title,
6,3 Sale to Developer, The Agency represents to the City and the City
acknowledges that the Agency will sell the Station Square Site to the Developer for the
Purchase Price as provided in the Development Agreement. The City agrees that the
Agency shall retain the proceeds of the Purchase Price,
6.4 Purchase of Public Parking Condominiums, The Agency represents to
the City and the City acknowledges that the Agency will purchase or will cause the City
to purchase from Developer 100 parking spaces in the to-be-constructed parking
garage as part of the Station Square Project, upon the terms and conditions set forth in
Article 7 of the Development Agreement.
ARTICLE 7
INFRASTRUCTURE IMPROVEMENTS; STATION SQUARE 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 Station Square Project being planned, designed, constructed
and installed by the Developer,
7,2 Infrastructure Improvements FinancinQ
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(1) The cost of the Infrastructure Improvements shall be paid from funds
legally available to the Agency and the City,
(2) In no event shall the obligations either express or implied, of the Agency
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 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, material-
man, 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
Construction of the Infrastructure Improvements,
Improvements
(1) Following approval of the Infrastructure Improvements Plans and
Specifications and in coordination with the construction of the Station Square 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 and installation of the Station
Square 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 Station Square 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
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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 Station Square
Project, including the development of a design and construction milestone schedule,
7.4 Construction of the Station Sauare Proiect.
(1) Following approval of the Station Square Project Plans and Specifications
and in coordination with the construction of the Infrastructure Improvements, the
Developer has agreed in the Development Agreement to cause construction and
installation of the Station Square Project to begin and cause it to proceed to completion
in substantial compliance with the Station Square Project Plans and Specifications, It is
the intent of the parties to this Agreement that construction of the Station Square
Project will be substantially complete prior to the completion of the Infrastructure
Improvements, Any significant deviations from the approved Station Square 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,
(2) The Agency agrees to make Station Square Park available as a
construction staging area upon commencement of construction of the Station Square
Project. Developer agrees to pay for boxing of existing live oak trees in Station Square
Park to be saved, The Agency will obtain a license agreement from the City for the
benefit of Developer for the length of the construction period, but not to exceed 24
months,
(3) Prior to closing of the transfer of the Station Square Park site from Agency
to Developer, Agency and City shall enter into a restrictive covenant by which the
Agency (or the City, if appropriate) agrees that it shall never construct any permanent
structures within the area described in Exhibit G, so as to allow the Developer to
maximize the number of openings contained in the Station Square Project, pursuant to
existing building codes,
7,5 Infrastructure Improvements Completion
Improvements Completion,
Infrastructure
(1) Upon the completion of the construction and installation of the Infrastructure
Improvements substantially in accordance with the standards in the Development
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Agreement and the Infrastructure Improvements Plans and Specifications such that
those improvements are substantially complete, the Agency, with the concurrence of
the City, shall prepare and execute the Infrastructure Improvements Completion
Certificate, and deliver it to the Developer, Upon receipt of the certificate, the Developer
shall determine if construction and installation of the Infrastructure Improvements has
been so completed, and, if so, shall execute the certificate and return it to the Agency,
(2) The Infrastructure Improvements Completion Certificate shall be in a form
sufficient to be recorded in the public records of Pinellas County, Florida. After
execution thereof by the parties hereto, it shall be returned to the Agency, which shall
be responsible for having the certificate promptly recorded in the public records of
Pinellas County, Florida, The Agency shall be responsible for the cost of such
recording.
7,6 Station Square Proiect Completion Certificate,
(1) Upon the completion of the construction, installation and equipping of the
Station Square Project substantially in accordance with the Station Square Project
Plans and Specifications such that it is substantially complete, the Developer shall
prepare and execute the Station Square 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, installation and equipping of the Station Square 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 Station Square Project has been completed and execute the Station Square
Project Completion Certificate unless and until the City Engineer has determined the
Station Square Project is substantially complete and the Station Square Project is
substantially in conformity with the Site Plan, the Station Square Project Plans and
Specifications and the terms in the Development Agreement.
(2) The Station Square Project Completion Certificate shall be in a form
sufficient to be recorded in the public records of Pinellas County, Florida, After
execution thereof by the parties hereto, it shall be returned to the Developer, which
shall be responsible for having the certificate promptly recorded in the public records of
Pinellas County, Florida, The Developer shall be responsible for the cost of such
recording,
7,7 Infrastructure Proiect Coordination,
(1 ) It is the intent and desire of the parties hereto that the design and
construction of each part of the Infrastructure Improvements and the Station Square
Project be coordinated with other parts of the Project and the design, construction and
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installation of the Infrastructure Improvements and the Station Square 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) Prior to the commencement of the Station Square Project or the
Infrastructure Improvements as contemplated by the Infrastructure Schedule, the
parties shall cooperate with one another and with the Developer to coordinate and
develop the timing of construction milestones for all of the Infrastructure Improvements
so that each component is fully integrated with the other, Said jointly approved
construction milestone schedule shall be finally approved by the parties prior to the
Closing Date, The parties covenant and agree to use best efforts to comply with the
schedule set forth therein,
(3) 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 Station Square Project.
7,8 Unavoidable Delay,
(1) Any delay in performance of or inability to perform any obligation under
this Agreement (other than an obligation to pay money) due to any event or condition
described in paragraph (2) as an event of "Unavoidable Delay" shall be excused in the
manner provided in this Section 7,9,
(2) "Unavoidable Delay" means any of the following events or conditions or
any combination thereof: acts of God, acts of the public enemy, riot, insurrection, war,
pestilence, archaeological excavations required by law, unavailability of materials after
timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire,
lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and
excessively inclement weather (as indicated by the records of the local weather bureau
for a five-year period preceding the Effective Date), strikes or labor disturbances, delays
due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in
connection with any of the foregoing or any other cause beyond the reasonable control
of the party performing the obligation in question, including, without limitation, such
causes as may arise from the act of the other party to this Agreement, or acts of any
governmental authority (except that acts of the Agency shall not constitute an
Unavoidable Delay with respect to performance by the Agency),
(3) An application by any party hereto (referred to in this paragraph (3) and in
paragraph (4) as the "Applicant") for an extension of time pursuant to subsection (1)
must be in writing, must set forth in detail the reasons and causes of delay, and must
be filed with the other party to this Agreement within seven (7) days following the occur-
rence of the event or condition causing the Unavoidable Delay or seven (7) days
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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,
7,9 Restrictions on Use02
Restrictions on Use,
Restrictions on Use 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 Station Square Parking Lot Site shall be
permitted other than as described in the Development Agreement. If the Developer or
the person, if other than the Developer, intend to use the Station Square Project or
Station Square Parking Lot 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 Station Square Parking Lot 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,
(2) The restrictions contained in this Section 7,9 shall not apply to the
Construction Lender or any other person who obtains title to the Station Square
Project or the Station Square Site through foreclosure or conveyance in lieu of and in
anticipation of foreclosure, The restrictions contained herein shall automatically
terminate upon the earlier of the Termination Date or the Expiration Date hereof, The
parties acknowledge and agree that this Section 7,9 survives the early termination of
this Agreement as a result of a termination of the Development Agreement by the
Developer pursuant to subsection (g) of Section 13,05 thereof,
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7,10 AQency and City Not in Privity with Contractors Aqency and City
Not in Privity with Contractors AQencyand City Not in Privity with Contractors
Aqency 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 Station Square Project.
ARTICLE 8
REPRESENTATIONS AND WARRANTIES
8,1 Representations and Warranties of the AQency, 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 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,
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(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 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
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February 11,2004
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 Aqency,
(1) In consideration of the City undertaking the Infrastrcuture 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,
Compliance with Environmental Law, Agency has: (i) materially complied with all
applicable Environmental Law; and (ii) not received any notice of alleged outstanding
violation of Environmental Law, nor does Agency have knowledge of any facts or
circumstances that could constitute such a violation, To the best of Agency's knowledge,
there are no Hazardous Substances on, above, within, underneath or in groundwater
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Station Square Interloeal Agreement
February 11,2004
underlying the Property which exceed applicable standards under any Environmental
Law,
(2) Definitions, For purposes of this Article 9, the terms in this paragraph (2)
shall have the following meanings:
(i) "Hazardous Substances" means any substance or material: (a)
identified in Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S,C, 99601, as the same may be
amended from time to time; or (b) determined to be toxic, a pollutant or
contaminant, under Federal, state or local statute, law, ordinance, rule or
regulation or judicial or administrative order or decision, as same may be amended
from time to time, including but not limited to (i) hazardous wastes as identified
pursuant to the Resource Conversation and Recovery Act, 42 U,S,C, 96901, et
seq" as the same may be amended from time to time, or (ii) pollutants, petroleum
and petroleum products as defined in either Chapter 403 or Chapter 376, Florida
Statutes, as the same may be amended from time to time,
(ii) "Environmental Law" means any Federal, state or local statutory or
common law relating to pollution or protection of the environment, including without
limitation, any common law of nuisance or trespass, and any law or regulation
relating to emissions, discharges, releases or threatened releases of Hazardous
Substances into the environment (including without limitation, ambient air, surface
water, groundwater, land surface or subsurface strata) or otherwise relating to the
manufacture, processing, distribution, use, treatment, storage, disposal, transport
or handling of Hazardous Substances,
9,2 Environmental Indemnification,
(a) The City agrees to indemnify, defend and hold harmless the Agency, its
officers, directors, employees, agents, attorneys, contractors, lenders, successors and
assigns (including but not limited to, any successors or assigns to any interest of the
Agency in the Project Site) (collectively, "Environmental Indemnified Party") from and
against any and all actions (including, but not limited to, lawsuits, enforcement actions,
and administrative actions), claims, damages (including, but not limited to,
consequential damages but excluding punitive damages), losses (including, but not
limited to, losses resulting from increased cost or delays in construction or development
and losses resulting from any diminution in value or marketability of the Project Site),
expenses, costs (including, but not limited to, all restoration, remediation and clean-up
costs), fines, judgments or liabilities whatsoever, including all reasonable attorneys
fees, which may at any time be filed against, imposed upon, incurred by or asserted or
awarded any Environmental Indemnified Party or the Project Site, directly or indirectly
arising from, out of, related to, pursuant to or in connection with
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Station Square Interloeal Agreement
February 11,2004
(i) the presence, discharge or release of any Hazardous Substances on, in, under
or about the Project Site at any time prior to or at the time of the conveyance of
the Station Square Site to the Developer by the Agency; or
(ii) the application of any Environmental Law to the acts or omissions of the City or
its respective officers, employees, agents, successors or assigns in connection
with the Project Site; or
(iii) the City's failure to comply with any Environmental Law with respect to the
Project Site,
In any action in which any Environmental Indemnified Party asserts a claim
against the City under this environmental indemnity, there shall exist a rebuttable
presumption that such Hazardous Substances were present, released or discharged on
or about the Project Site prior to the time of closing, Accordingly, the City shall have the
burden of proving that the Hazardous Substances giving rise to such action or
proceeding were not present, released or discharged on or about the Project Site at or
prior to the time of closing of the conveyance of the Station Square Site to the
Developer by the Agency,
(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 a 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, a 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 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
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Station Square Interloeal Agreement
February 11,2004
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.
ARTICLE 10
DEFAULT; TERMINATION
10,1 Default by the Aoency,
(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
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Station Square Interloeal Agreement
February 11,2004
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 bv 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
I nfrastructu re Improvements,
(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, 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 Oblioations. Riohts and Remedies Exclusive. The rights and remedies
specified herein to which either the Agency or City are entitled are exclusive and are
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Station Square Interloeal Agreement
February 11,2004
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 Aqreement. 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 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 Aqreement 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 the Agency and the City as of the Effective Date,
11,3 Assiqnment. 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
27
Station Square Interloeal Agreement
February 11,2004
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 ControllinQ 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 AQency and City Not Liable,
(1) 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 of the 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 AQreement.
(1) This Agreement shall expire and terminate by its own terms without
further notice or action by any party hereto on the fifth (5th) 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,
28
Station Square Interloeal Agreement
February 11,1004
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 33756
Attention: Executive Director
To the City,
addressed to
City of Clearwater, Florida
112 S. Osceola Avenue
Clearwater, FL 33756
Attention: City Manager
11.10 Execution of AQreement. 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 FilinQ 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,
29
Station Square Interlocal Agreement
February 11,2004
11,12 Effective Date, This Agreement shall become effective immediately upon
filing 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,
By:
ATTEST:
By:
~~:V":A~~= ~
William B, Horne II
City Manager
Approved as to form:
Attest:
RJk4
Pamela K, Akin
City Attorney
~\\M..:..- ~. }i"D..
Cyn 'a E. Goude~:
City erk---
30
Station Square Interloeal Agreement
February 11,2004
STATE OF FLORIDA
COUNTY OF PINELLAS
My Commission Expires:
,,1>1A~:'ft.~ Denise A Wilson
;*/,Ji.\*'E, MY COMMISSION # CC914107 EXPIRE:
~'~'~'l June 18, 2004
"'~,9r:,~~~" BONDED THRU TROV FAIN INSURANCUIlC.
STATE OF FLORIDA
COUNTY OF PINELLAS
My Commission Expires:
I}l)
~J~l~gm~~ment an:a
Manager.and City Clerk/1r~spectively, ~
behalf of the City, this v-u day of
>I""""'" Denise A. Wilson
l! ~ MVCOMMlSSlON# CC914\07 EXPIRES
~..J, June \ 8, 2004
":f IlOllOEDTHllU TROY FAIN tlSlJllANCf.~
,. 'J 'Ii
31
Station Square Interloeal Agreement
February 11, 2004
Project Site Description
Cassano Property Legal Description
Site Plan
Infrastructure Improvements
EXHIBIT LIST
Infrastructure Improvements Completion Certificate
Agreement Expiration Certificate
Agreement Termination Certificate
Survey of Restrictive Covenant Area
Station Square Project
Interlocal Agreement
Exhibit A
Exhibit A-2
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Station Sauare Proiect Site
Leaal Description
Lots 4,5,6,7 ,a,9, 10, and 11, and the West 2 feet 4 inches of the South 101 feet of lot 12,
Block 19, Gould and Ewings 2nd 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,
Exhibit A
Cassano Property
Leaal Description
Lot 11 and the West 2 feet 4 inches of the South 101 feet of lot 12, Block 19, Gould and
Ewings 2nd 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.
Exhibit A-2
Required infrastructure improvements consist of streetscaping of
Cleveland Street between Osceola Avenue and Myrtle Avenue, plus
improvement of Station Square Park, all as shown on the approved
conceptual plans prepared by Bellomo- Herbert, Inc, The streetscaping
project is to include construction of a new storm sewer outfall system in
Cleveland Street which can be used for the stormwater outfall for the Beck
project.
Exhibit C
EXHIBIT 0
INFRASTRUCTURE IMPROVEMENTS
COMPLETION CERTIFICATE
[Station Square]
This Infrastructure Improvements Completion Certificate ("Certificate") is made this_
day of , 2004, 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 STATION SQUARE, LLC, a Florida
limited liability company (the "Developer"), whose address is 639 Cleveland St., Ste.
310, Clearwater, FL 33755,
This Certificate pertains to an Agreement for Development and Disposition of
Property (Station Square), by and between the Agency and the Developer, dated as of
, 2004 (the "Development 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 and the granting of certain easements (the
"Property Site") for the development and construction of the Infrastructure
Improvements and the Station Square Project, as same are defined in the Development
Agreement.
As provided in Section of the Development Agreement, the construction
and installation of the Infrastructure Improvements have been completed substantially
in accordance with the requirements of the Development 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
Agency's obligation under the Development Agreement to construct and install the
I nfrastructure Improvements,
A copy of the fully-executed Development 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,
D-I
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the _ day of , 2004,
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER, FLORIDA
By:
Brian J, Aungst, Chairperson
ATTEST:
By:
Ralph Stone, Executive Director
STATION SQUARE, LLC
By:
, as
Its
(SEAL)
ATTEST:
By:
, as
Its Secretary
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 2004, by Brian J, Aungst, Chairperson 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)
Printedffyped Name:
Notary Public-State of Florida
Commission Number:
STATE OF FLORIDA
COUNTY OF PINELLAS
D-2
The foregoing instrument was acknowledged before me this day of
, 2004, by , of STATION
SQUARE, LLC, a Florida limited liability company, on behalf of the limited liability
company. He is personally known to me or has produced a valid driver's license as
identification,
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
D-3
{
EXHIBIT "E"
AGREEMENT EXPIRATION CERTIFICATE
[Station Square]
This Agreement Expiration 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
32521, and STATION SQUARE, LLC, a Florida limited liability company (the "Developer"),
whose address is 639 Cleveland St., Ste. 310, Clearwater, FL 33755,
This Certificate pertains to an Agreement for Development and Disposition of
Property (Station Square), by and between the Agency and the Developer, dated as of
, 2002, (the "Development 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 Station Square
Project, as same is defined in the Development Agreement.
The Development Agreement has expired in accordance with its own terms as
of , and is no longer of any force or effect, and that the Station Square
site is no longer subject to any restriction, limitation, or encumbrance imposed by the
Development Agreement, This Certificate has been executed by the parties to the
Development Agreement as provided in Section thereof and constitutes a conclusive
determination of satisfactory completion of all obligations under such Agreement and that the
Development Agreement has expired, except for those matters which survive as noted above,
A copy of the fully-executed Development 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
E-l
(SEAL)
ATTEST:
By: , as
Its: Executive Director
(SEAL)
ATTEST:
By:
Its: Secretary
, as
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER,
FLORIDA
By:
Its Chairman
, as
STATION SQUARE, LLC
By:
Its
, as
E-2
~
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
by , 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)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing
,_,by
on behalf of the corporation,
license as identification,
instrument was acknowledged before me this _ day of
of The Balk Company, Inc" a Florida corporation,
He is personally known to me or has produced a valid driver's
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
E-3
"
EXHIBIT "F"
AGREEMENT TERMINATION CERTIFICATE
[Station Square]
This Agreement Termination 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
32521, and STATION SQUARE, LLC, a Florida limited liability company (the "Developer"),
whose address is 639 Cleveland St., Ste, 310, Clearwater, FL 33755.
This Certificate pertains to an Agreement for Development and Disposition of
Property (Station Square Project), by and between the Agency and the Developer, dated as of
, 2004 (the "Development 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 Station Square
Project, as same is defined in the Development Agreement.
The Development Agreement has terminated in accordance with its own terms
as provided in Section 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 Development Agreement as provided in
Section thereof and constitutes a conclusive determination that the Development
Agreement has been terminated, the rights, duties and obligations of the parties hereto have
been terminated and released (subject to those surviving provisions) and Station Square is no
longer subject to any restrictions, limitations or encumbrances imposed by the Development
Agreement.
A copy of the fully-executed Development 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
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATER,
FLORIDA
F-1
(SEAL)
ATTEST:
By: , as
Its: Executive Director
(SEAL)
ATTEST:
By:
Its: Secretary
, as
By:
Its Chairman
, as
STATION SQUARE, LLC
By:
Its
, as
F-2
-t '
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
by , 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)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing
,_,by
on behalf of the corporation,
license as identification.
instrument was acknowledged before me this day of
of STATION SQUARE, LLC, a Florida corporation,
He is personally known to me or has produced a valid driver's
(SEAL)
Printed/Typed Name:
Notary Public-State of Florida
Commission Number:
F-3
EAGLECONSULTANTS
INC.
CONSULTING ENGINEERS . PLANNERS . SURVEYORS
8514 OLD COUNTY ROAD 54
NEW PORT RICHEY, FLORIDA 34653
OFFICE (727) 375-1101 FAX (727) 375-1116
CERTIFICATE OF AUTHORIZATION L.B. NO. 7240
CERTIFIED TO: BECK DEVELOPMENT
JOB No. 030133LGL. 2
SEC. 16, TWP. 29 S., RGE. 15 E.
PINELLAS COUNTY, FLORIDA
N
Eel
SOUlH UN( or LOT 2, CLEARWATER TO\W:R,
PLAT BOOK '04, PAGES 81 AND 827
N 88'30'4Q./E
24.19
LEGAL DESCR I PT ION'
THAT PORTION OF UNPLATTED LAND LOCATED IN SECTION 16. TOWNSHIP 29 SOUTH, RANGE
15 EAST. PINELLAS COUNTY. rLORIDA. BEING foIJRE PARTICULARLY DESCRIBED AS rOLLOWS,
BEGIN AT THE SOUTHWEST CORNER or LOT B. BLOCK 19. GOULD AND EWING'S 2ND ADDITION
TO CLEARWATER HARBOR. rLORIDA. AS RECORDED IN PLAT BOOK 1, PAGE 52, or THE
PUBLIC RECORDS or HILLSBOROUGH COUNTY. rLORIDA. OF WHICH PINELLAS COUNTY WAS
rORMERLY A PART, THENCE SOUTH BB' 47' OB' WEST ALO~ THE ~ESTERLY EXTENSION OF
THE SOUTH LINE or SAID BLOCK 19. SAME LINE BEING THE NORTHERLY RIGHT or WAY LINE
OF CLEVELAND STREET <A BO.OO FOOT RIGHT OF ~AY>. 9.22 FEEl, THENCE NORTH 01' 12'
52' WEST 197.74 rEEl TO THE SOUTH LINE OF LOT 2. CLEARWATER TOWER, AS RECORDED
IN PLAT BOOK 104. PAGES B1 AND B2 OF THE PUBLIC RECORDS or PINELLAS COUNTY,
FLORIDA, THENCE ALONG SAID SOUTH LINE NORTH B8' 30' 40' EAST. 24. 19 rEET TO THE
WESTERLY LINE OF LOT 7. BLOCK 19. GOULD AND EWING' S 2ND ADDITION TO CLEARWATER
HARBOR, FLORIDA, THENCE SOUTH 03' 06' 40' WEST. ALONG THE WEST LINE OF SAID
BLOCk 19, 198.42 FEET TO THE POINT or BEGINNING.
CONTAINING 3304 SQUARE FEET MORE OR LESS
CLOSURE O. 00 GDW
F.I.R.
S.I.R.
F.I.P.
F.N.O.
S.N.D
F.C,M.
P,R.M.
P.C.P
P.L
P.C.
p.Q,e.
R/W
TYP.
PP
OR
P.S.M
M:STERl Y EXTEN90N or lHE
SOUlH LINE or BLDO< 19, AND
lHE NORlH RIGHT or WAY LINE
or Q.EVELAND STREET
SCALE: 1"
30'
_____ \W:STERL Y LINE Of' LOT 7, BLOCK '9
___ GOULO ANO EWING'S 2ND AODITION
TO CLEARWATER HARBOR, FLORIDA
z ~
g ad
...J ~
~
:IE
~
S!
~ ~
~ 0
III
SOUTHVlt:ST CORNER or LOT 8,
BLOCK 19, GOULD AND EWING'S
2ND ADDITION TO CLEARWATER
HARBOR
S 88"47'08. W
9.22
BASIS OF BEARINGS: N. R/W LINE or CLEVELAND ST. BEING S 8B'47'08' W (PER PLAT BOOK 104. PAGES 81 '" 82).
ABBREVIATION LEGEND:
'" FOUND IRON ROD (SIZE INDICATED)
. SET IRON ROO 1 /2" LB 7240
'" FOUND IRON PIPE (SIZE INDICA TED)
'" FOUND NAIL & DISK
'" SET NAIL & DISK LB 7240
'" FOUND CONCRETE MONUMENT
'" PERMANENT REFERENCE MONUMENT
.. PERt.AANENT CONTROL POINT
= POINT OF INTERSECTION
.. POINT OF CURVE
= POINT OF BEGINNING
= RIGHT-OF-WAY
= TYPICAL
'" POWER POLE
.. OFFICIAL RECORDS
"" PROFESSIONAL SURVEYOR &: MAPPER
SEC. = SECTION
TWP. = TOWNSHIP
RGE. = RANGE
(OJ = DEED
(P = PLAT
"" MEASURED
l~l . CALCULATED
(F . FIELD
(R = RADIAL
PB. .. PLAT 8001<
PG .. PAGE
CONC. .. CONCRETE
cov. "" COVERED
ASPH = ASPHALT
P"'AT. . PAVEMENT
ElEV. ." ELEVATION
CERTIFIED AS A SKETCH & LEGAL DESCRIPTION
UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS
DRAWING, SI<ETCH. PLAT OR MAP IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT VALID.
/(/ () /L
1/28/04
DATE:
EDWARD C. ELLIOTT, PSM # 3983
~
~
I
..
EXHIBIT
G
SEE PLANS IN FILE