FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
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Ci\ A,\H P INELLAS CO 8K 12221 PG .13~~
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OS OR219 FOURTH AMENDMENT TO
~ DEVELOPMENT AGREEMENT
FEES j
~ 1'il1 -= THIS FOURT~N~~ENT TO DEVELOPMENT AGREEMENT is made this
REV ~
TOTAL ~O-Q7 J,LL day of ,2002, (herein, the "Amendment"), by and between the
0<-1> CITY OF CLEARWA T R, FLORIDA, a Florida municipal corporation, having an office
at 112 South Osceola Avenue, Clearwater, Florida 33755 (the "City"), the
CLEARWATER REDEVELOPMENT AGENCY, now known as the Community
Redevelopment Agency of the City of Clearwater, Florida (the "Agency"), and WILDER
CORPORATION, a Delaware corporation whose address is 3000 Gulf to Bay Blvd.,
Suite 600, Clearwater, FL 33759, sUycessor in title and interest to J.K. Financial-
Clearwater Square, Inc., a Florida corporation ("J.K. Financial") after diverse
conveyances.
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WHEREAS, the parties or their predecessors in title and interest have entered
into a Development Agreement dated July 14, 1983, recorded in Official Records Book
5868, Page 1530, of the Public Records of Pinellas County, Florida, as modified by
Amendment to Development Agreement dated July 25, 1984, recorded in Official
Records Book 5868, Page 1543, of the Public Records of Pinellas County, Florida, as
further modified by Second Amendment to Development Agreement dated November
29, 1993, recorded in Official Records Book 8515, Page 257, of the Public Records of
Pinellas County, Florida, relating to certain property described therein (the "Property"),
which agreement, as so modified, is incorporated herein by reference and referred to as
the "Development Agreement"; and
WHEREAS, the parties desire to acknowledge that certain provisions of the
Development Agreement continue in full force and effect, and that certain other
provisions have been fully satisfied, and desire to clarify the rights and obligations of
the parties with respect to those provisions of the Development Agreement which
continue in full force and effect and to remove the restriction requiring consent to
transfer, as set forth herein; and
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable considerations, the receipt of which is hereby acknowledged, the parties
hereto agree as follows:
1. Section 11 (c) is amended to read as follows:
(c) Property conveyed pursuant to this Agreement shall not be sold
without the consent of the Agency or City.
It is intended that the property described as Parcel A, the Janelli
Parcel, and the air rights over Parcel B, and all improvements thereon, shall not be
exempt from ad valorem taxes, but shall be subject to ad valorem taxes as provided for
by law. Accordingly, J.K. Financial and its successors and assigns agree that it will not
sell or transfer title to any organization which is at the time of the conveyance exempt
from the payment of ad valorem taxes except for sales or transfers to the City or the
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(;1)
PINELLAS COUNTY FLA
OFF.REC.8K 12221 PG 1383
Agency. Further J.K. Financial agrees that a restriction evidencing the commitment to
maintain the continuing taxable status of this property will be placed on the deed to said
property and will be recorded in the Public Records of Pinellas County. This provision
shall be deemed to be a restriction on the sale or transfer of the land or any interest
therein or the improvement thereon to any tax exempt entity and may be enforced by
suit for specific performance or by other legal remedy available to the City and/or the
Agency.
2. The following provisions of the Development Agreement continue in full
force and effect (unless expressly indicated otherwise, a reference to a paragraph in
the Development Agreement includes all subparagraphs);
Paragraph: Relating to:
1 The recitals ("whereas" clauses), except to the extent that the
statement of ownership of certain parcels of property are no longer
current.
2 Definitions, except to the extent that the interests of the original
parties and the estimated number of spaces in the parking garage
are no longer current.
3 Statement relating to compliance with Section 163.380(3), Florida
Statutes, relating to disposition of community redevelopment
property.
11 Obligations of J.K. Financial and assigns that the Property shall not
be exempt from ad valorem taxes, shall be subject to ad valorem
taxes as provided by law, and shall not be sold or transferred to
any organization which at the time of conveyance is exempt from
the payment of ad valorem taxes except the City or the Agency,
and that a restriction to such effect shall be placed on the deed and
recorded in the Public Records of Pinellas County and shall be
deemed a restriction on the sale or transfer of the land or any
interest th.erein or the improvements thereon \/'v'hich may be
enforced by suit for specific performance or by any other legal
remedy available to the City or to the Agency.
12 Warranties and representations of the City and the Agency.
14 Parking facility, to the extent that the paragraph provides for access
to the air rights by an easement of necessity over the remaining
portion of the parking garage property.
15 Governmental cooperation.
18 Remedies.
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PINELLRS COUNTY FLR
OFF.REC.8K 12221 PG 1384
19 Miscellaneous, except that the names and addresses of the parties
have changed for the purpose of giving notice, and alternatives to
payment of the purchase price by J.K. Financial in Subparagraph
19.10, added by the first Amendment to the Agreement, have been
satisfied.
2. All other executory provisions of the Development Agreement have been
performed or are otherwise fully satisfied and are hereby deleted.
3. The parties acknowledge that title to the Property is properly held by
Atrium, that the City and the Agency consented to and acknowledged the assignment
and assumption of the rights and obligations under the Development Agreement to all
past owners, and that no conveyance prior to the conveyance to Atrium, nor the
conveyance to Atrium, constitutes a breach of the Development Agreement.
Furthermore, the City and the Agency hereby consent to and acknowledge the
assignment and assumption of the rights and obligations under the Development
Agreement to Wilder Corporation, a Delaware corporation, and the City and the Agency
hereby acknowledge that such conveyance shall not constitute a breach of the
Development Agreement.
By:
Approved as to form:
11ft
Pamela K. Akin, City Attorney
Attest:
~~a.,~~~
~Vcyn la E. Goudeau, City Clerk
COMMUNITY REDEVELOPMENT AGENCY
:; TH~~E~TE;:RIDA
Brian J. A . t, . hai(jiers n
Attest:
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:LD~Jt;~*
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PINELLAS COUNTY rLA
Orr.REC.8K 12221 PG 1385
STATE OF FLORIDA
)
COUNTY OF PINELLAS )
V JCE Mft"~R WlfliP€Y 6MY
BEFORE ME personally appeared Brian J. Aungst, Mayor-Commissioner of the City of
Clearwater, who acknowledged that he executed the foregoing instrument.,,(He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this J.(, '#- day of ~,2002.
~ ~~
Print/Type Namef~
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
HOrNn' PUBLIC - STATE OF FLORIDA
(;AROl YN l BRINK
COMMISSION" CC834678
EXPIRES 5/2212003
NlNol!O YHRU ASA , -S88-NOTARY1
BEFORE ME personally appeared William B. Horne, II, City Manager of the City of
Clearwater, who acknowledged that he executed the foregoing instrument. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this ;l' 'k- day of ~,2002.
~ ;f '11.--1
Print/Type Nam --
Notary Public
STATE OF FLORIDA
COUNTY OF PINELLAS
)
)
/.OTAfI'( PUBLIC -lHATE OF FLORIDA
<:AROl YN L BRINK
COMMISSION" CC834678
EXPIRES 5/2212003
eONDED THRU ASA '-SS8-NOTARY1
VIa.E ItI/tYd/< WIIlr~eY (;/2A'I
BEFORE ME personally appeared Brian J. Aungst, Chairperson of the Community
Redevelopment Agency of the City of Clearwater, Florida, who acknowledged that he
executed the foresotng,jnstrumentlHe is personally known to me and did not take an
oath.
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WITNESS my hand and official seal this :;
r~ ;f. ~
Print/Type Name:
Notary Public
day of ~, 2002.
NOTAi,y PUBLIC - Sf ATE OF FLORIDA
<:AROL YN L BRINK
COMMISSION 1/ CC834678
EXPIRES 5/2212003
PONDED THRU ASA l-B8S-NOTARY1
4
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PINELLAS COUNTY FLA.
OFF.REC.8K 12221 PG 1388
STATE OF 1t1.~~
COUNTY OF ,f) c.....S
BEFORE ME personally appeared ~ ~R?rt;;, u {Pof Wilder Corporation,
who acknowledged that they executed the fo gOing Instrument on behalf of the
corporation. They are personally known to me or have produced NJrt as
identification. - ~.
SS my hand and official seal this 3d day of ~ 2002.
PEGGY M. SEMSEV
COMMISSION' CC83388'
EXPfRES JUL 12. 2003
BONDED THItOUGH
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