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SETTLEMENT AGREEMENT -4 .' , . IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIRCUIT CIVIL CASE NO. 88-5358-] COUNTRYSIDE CHRISTIAN CENTER, INC., Plaintiff, v. CITY OF CLEARWATER, a municipal corporation in the State of Florida, Defendant. / SETTLEMENT AGREEMENT The Plaintiff, COUNTRYSIDE CHRISTIAN CENTER, INC., and the Defendant, CITY OF CLEARWATER, on behalf of themselves, their successors and assigns, and their officers and employees, enter into this Settlement Agreement and state as follows: RECITALS: 1. The property which is the subject of this dispute (herein, the "Property") is known and referred to generally as Countryside Christian Center, having a postal mailing address of 1850 McMullen Booth Road, Clearwater, Florida, and is located in Pinellas County, Florida. A metes and bounds description of the Property is attached as Exhibit A to the Complaint and the Amended Complaint in this action. 2. The parties are in dispute as to the validity of a policy of the City of Clearwater requiring annexation or the execution of an agreement to annex real property located outside the corporate 1 imits of the City as a condition of receiving sewer service from the City. 3. It is the intent of the parties that this action be settled in accordance with the terms of this agreement and that such settlement shall be ()/-. ',/ , 1/" _ ':) :' ) . , deemed final with respect to all issues which were raised or which could have been raised in this action. 4. The Plaintiff constitutes all of the owners of all of the Property, less and except that which has been taken by Pinellas County through the exercise of eminent domain in Pinellas County Circuit Civil Case No. 88-1875-22. AGREEMENT Based upon the recitals set forth above, and in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. This agreement is the settlement of disputed claims, and the terms of this agreement are not an admission of error or liability by any party. The parties intend only to settle their differences amicably and to avoid litigation or further litigation as the case may be. 2. On or before June 30, 1994, the Plaintiff shall apply to the City for annexation of the Property into the City pursuant to Section 171.044, Florida Statutes. In the event that the Plaintiff should fail to apply for annexation of the Property into the City by said date, this Agreement shall be deemed an annexation application. In either event, the City shall process the annexation application in its usual manner and shall in due course adopt an ordinance or ordinances having the effect of annexing the Property into the City of Clearwater. The Plaintiff stipulates and agrees that it shall not oppose the adoption of such annexation ordinance, provided that this Agreement has otherwise been complied with. The City shall waive its annexation application fee. The Property shall be deemed exempt from the City's recreation impact fee because of its nonresidential use. Existing improvements, as of the date of this agreement, shall be deemed exempt from the City's open space fee; however, new construction on the Property commencing after the date of annexation shall not be exempt from 2 . . the open space fee. The Property shall not be deemed exempt from the City's fees and charges for water and sewer service, or other utility services provided by the City to the Property. 3. The City shall recognize the site plan for the Property, as heretofore approved by Pine 11 as County, sea 1 ed and dated December 17, 1990 (herein, the "Site Plan"), as the site plan generally governing the development of the Property, provided that the Plaintiff shall conform to the Site Plan in every material respect and shall provide no less on-site parking (916 parking spaces) and no less open space (19.97 percent) than is provided on the Site Plan for the ultimate development of the Property. The zoning and land use categories to be applied by the City to the Property shall be consistent with the current use of the property and the uses shown on the Site Plan. Both the zoning and the land use categories shall be established by the adoption of one or more ordinances of the City at the time of annexation of the Property, at which time the Plaintiff shall pay to the City fees equivalent to the cost of publishing all required notices of public hearings on such zoning and land use designations and ordinances. 4. Following annexation, the Plaintiff shall apply to the City for all necessary building permits for improvements to the Property. A complete and acceptable building permit application for the last improvement to the Property under the Site Plan shall be filed with the City not later than December 31, 2000. Thereafter, the Site Plan shall be deemed to have expired with respect to improvements shown on the Site Plan but for which a building permit application was not filed with the City. 5. Upon annexation, the Property shall be deemed subject to all laws, ordinances and regulations of the City in force at that time or as may be later 3 . . adopted or amended, and shall be entitled to the same privileges and benefits as other properties within the City upon the effective date of the annexation. The Property shall continue to be subject to development by the Plaintiff in accordance with the Site Plan, but the City may adopt and enforce such other ordinances and regulations which are applicable to other properties similarly situated, or which are required by state or federal law or regulation to be adopted, or which have been adopted by the Pinellas County Construction Licensing Board for application on a county-wide basis, including but not necessarily limited to the then-current edition of the standard building codes and life safety codes. 6. The parties agree that this Agreement shall be the basis for the entry of a stipulated final judgment incorporating the terms hereof in the final judgment, which final judgment shall terminate and finally dispose of this action on the merits, and the right to bring or maintain another lawsuit on the same claim or cause shall be forever barred. Neither the Plaintiff nor any successor in title or interest to the Plaintiff, or an officer or employee thereof, may thereafter bring a lawsuit against the City or any of its officers or employees raising any issue which was raised or which could have been raised in this action relating to the Property, including but not limited to the validity of the ordinance or ordinances to be adopted by the City as described in Paragraph 2, and the validity of this agreement and the final judgment to be entered in this action upon the full execution of this agreement. 7. The Plaintiff expressly agrees that the final decision which may be rendered in any other lawsuit against the City or any other municipality in the State of Florida relating to any of the issues which were or could have been raised in this action, prior to or subsequent to the adoption of the ordinance 4 . . or ordinances described in Paragraph 2 and the entry of final judgment in this action, shall not affect the validity of this agreement or the final judgment to be entered in this action upon execution of this agreement, or give rise to any cause of action against the City based upon any such issues. 8. The parties each acknowledge that the benefits to be received pursuant to this agreement constitute good, valuable and sufficient consideration for this agreement, and further acknowledge that this agreement was entered into freely and voluntarily and is otherwise valid in all respects. 9. The Plaintiff, upon executing this agreement, covenants and agrees to inform any purchaser of any property interest in the Property of the terms of this agreement, and shall secure the consent of the purchaser to the terms of this agreement prior to or at the time of closing any such purchase. In addition, the Plaintiff agrees to inform the City Attorney of the City of the name and address of any purchaser of any property interest in the Property within two business days after closing. The obligations of this paragraph shall commence upon the date of execution of this agreement by the Plaintiff, whether the agreement has been fully executed on that date or not, and shall continue until the ordinance or ordinances described in Paragraph 2 have been adopted by the City, or December 31, 2000, whichever occurs first. Nothing in this paragraph shall be construed as impairing the free alienability of any property interest in the Property. As used herein, "property interest" does not include any easement for utilities, drainage, ingress or egress, or public use conveyed to any governmental agency, utility company, or cable television company. 10. Each party agrees to bear his, her or its own costs and attorney's fees associated with this action. 11. The terms of this agreement constitute the entire understanding 5 , . . between the parties hereto. Any and all prior understandings or agreements between the parties, whether oral or written, are merged into this agreement. Any additions, amendments or modifications to this agreement, in order to be binding, shall be made in writing, signed by all the parties or their successors in title and interest, and recorded as an exhibit to an amended final judgment to be stipulated to and entered in the same manner as this agreement. 12. This agreement will be executed in its original form as well as three counterparts with original signatures. The original will be filed with the court, and any counterpart may be considered as an original for all purposes. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of January, 1992 14th day of Ns~emDe~~xt991, which date represents the date upon which the the agreement was fully executed by the Plaintiff and the City. By: Title: COUNTRYSIDE CHRISTIAN CENT / Date: c~ned: Rita Garvey Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: Approved as to form and correctness: Attest: vUcd:- M. A. Galbraith, City Attorney fJ. Q. "'""--- 6