CIRCUIT CIVIL CASE NUMBER 83-14905-7 FOR STIPULATON OF SOUTHERN AND NORTHERN PARCELS OF SAND KEY
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IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
CIRCUIT CIVIL NO. 83-14905-7
CHEEZEM INVESTMENT PROGRAM I,
LTD., a Florida limited
partnership, and CHEEZEM LAND
CORPORATION, a Florida corpora-
tion, ,
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PI al ntl ffs
vs.
CITY OF CLEARWATER, a
municipal corporation,
Defendant.
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SETTLEMENT STIPULATION
The Plaintiffs, CHEEZEM INVESTMENT PROGRAM I, LTD., a Florida
'Imlted partnership, and CAt:EZEM LAND CORPORATION, a Florida corporation, and
the Defendant, CITY OF CLEARWATER, a municipal corporation, hereby stipulate
and agree as follows:
1. The Plaintiffs have filed a Complaint for Declaratory Judgment,
Compensatory and Punitive Damages and Injunctive Rei jef In this Court against
the Defendant. It Is stipulated and agreed that this cause be settled upon
the terms and conditions as specified herein (the "Stipulation"), and that a
Final Judgment be entered by the court incorporating the Stipulation such
that the Stipulation shal I have the ful I force and effect of law. A copy of
the proposed Final Judgment Is attached to this Stipulation and made a part
hereof as Exhibit "A".
2. The Complaint for Declaratory Judgment, Compensatory and
Punitive Damages and Injunctive Relief Is directed to parcels of land lying
and located on Sand Key In the City of Clearwater. These parcels In the
Complaint are referred to as the "Southern Parcel" and the "Northern Parcel".
This Stipulation resolves the disputes In regard to both parcels of land;
however, the terms of this Stipulation address each parcel Individually.
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I. SETTLEMENT OF THE SOUTHERN PARCEL
3. The parties stipulate to the fol lowing facts: (a) CHEEZEM
INVESTMENT PROGRAM I, LTD., Is the owner of a parcel of real property located
on Sand Key In the City of Clearwater, Florida, whose legal description Is
more particularly described In Exhibit "B" attached to this Stipulation and
made a part hereof. This parcel of real property, for the purposes of this
I Itlgatlonand the purpose of settlement, shal I hereinafter be referred to as
the "Southern Parcel". (b) CHEEZEM LAND CORPORATION, a Florida corporation,
organized and existing under the laws of the State of Florida, Is the general
partner of CHEEZEM INVESTMENT PROGRAM I, LTD., a limited partnership.
CHEEZEM LAND CORPORATION has Its principal place of business In St.
Petersburg, Plnellas County, Florida and has the right, along with CHEEZEM
INVESTMENT PROGRAM I, LTD., to develop the "Southern Parcel". (c) There
exists a controversy between the Plaintiffs and Defendant as to the
appropriate and legal zoning code which should be appl led to the "Southern
Parcel" and the "Northern Parcel", the manner and scope of development of the
parcels and the payment of respective Impact fees and other fees upon
development of the parcels.
4. The development rights agreed to hereunder with respect to the
Southern Parcel shal I remain In ful I force and effect for a period of 20
years. During that period, Plaintiffs shal I have the right to develop the
Southern Parcel in accordance with the provisions of this Stipulation, and
Defendant wi I I, In good faith, permit such development and cooperate with
PlaIntiffs as required by this Stipulation.
5. The Plaintiffs, CHEEZEM INVESTMENT PROGRAM I, LTD., a Florida
limited partnership, and/or CHEEZEM LAND CORPORATION, a Florida corporation,
shal I have the right to build certain Improvements on the "Southern Parcel"
according to the following requirements:
(A) The Plaintiffs, at their election, shal I have the right to
develop the "Southern Parcel" pursuant to and according to any of the
schematic diagrams attached to this Stipulation as Exhibits "D", "E", and "F"
(herein "approved schematic diagrams") or In the alternative, a schematic
diagram which contains any modifications to an approved schematic diagram
provided that the schematic diagram does not Involve an Increase of height of
bui Idlngs, reduced setbacks, Increased density, or reduced clear space and
view corridors from the approved schematic diagram being modified.
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Plaintiffs shall submit any proposed site plan to the City Manager of the
City of Clearwater or his designated representative for approval. Within
fifteen (15) days after such submission, the City Manager shall determine, In
writing, whether or not the site plan Is In conformance with the provisions
of this Stipulation. In the event that the determination of the City Manager
Is In the negative, then Plaintiff shal I have the right to appeal the
decision of the City Manager to the City Commission and/or, at their option,
shal I have the right to obtain judicial review by enforcing the Final
Judgment Incorporating this Stipulation.
(S) The Plaintiffs may construct up to 120 residential dwel ling
units on the "Southern Parcel". In addition, Plaintiffs may construct an
additional 120 residential dwel I ing units on the Southern Parcel (for a total
of 240), If the Plaintiffs determine, in their sole discretion, to transfer
or cluster up to 120 dwel ling units from the Northern Parcel onto the
Southern Parcel, provided that evidence of such transfer Is recorded on the
chain of title of the Northern Parcel and constitutes a charge on the title.
(C) In conjunction with the development of residential
dwel ling units on the Southern Parcel of land, Cheezem shal I be authorized to
develop up to 3000 square feet as a designated non-residential unit, for the
purpose of a real estate office which, upon completion of the sale of
dwel I ing units developed on the Southern Parcel, may be used for the purposes
of management and resale of the units, or other commercial or professional
office uses primarily devoted to the provision of goods and services to the
owners of residential dwetl Ing units constructed and sold by Plaintiffs and
their affl I iated companies. Plaintiffs wi I I not erect any exterior signs
which advertise any commmercial uses other than sales and rentals of
residential dwel ling units. No bar or restaurant open to the publ ic wil I be
permitted or operated on the premises.
(D) The development of the construction on the "Southern
Parcel" shal I strictly be control led by the provisions in this Stipulation
without any reference to any other zoning codes or ordinances of the CITY OF
CLEARWATER, whether the same be enacted In the past, be presently in effect
or be enacted in the future.
(E) In development of the "Southern Parcel", the Plaintiffs
shal I not be required to provide more than one (1) parking space per
residential dwel ling unit.
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II. SETTLEMENT OF THE NORTHERN PARCEL
6. The Plaintiffs and Defendant agree that the facts stated herein
as to the "Northern Parcel" are true and correct and may be utilized for the
purpose of this Settlement and entry of Final Judgment. CHEEZEM INVESTMENT
PROGRAM I, LTD., a Florida limited partnership, Is the owner of a parcel of
real property which Is located on Sand Key In the City of Clearwater,
Florida, and more particularly described in Exhibit "G" which Is attached to
this Stipulation and made a part hereof. Such real property shal I be
referred to hereinafter In this Stipulation as the "Northern Parcel".
7. The Plaintiffs, CHEEZEM INVESTMENT PROGRAM I, LTD., and CHEEZEM
LAND CORPORATION, a Florida corporation, shal I have the right to build
certain Improvements on the "Northern Parcel" according to the fol lowing
requirements:
(A) The Plaintiffs, at their electIon, shal I have the right to
develop the "Northern Parcel" pursuant to and according to any of the
schematic diagrams attached to this Stipulation as Exhibits "H"i "I", "J"j
"K", "L", "M", "N", and "0" (herein "approved schematic diagrams"), or In the
alternative, a schematic diagram which contains any modifications to an
approved schematic diagram provided that the schematic diagram does not
Involve an Increase of height of buildings, reduced setbacks, Increased
density, or reduced clear space and view corridors from the approved
schematic diagram being modified. Plaintiffs shal I submit any proposed site
plan to the City Manager of the City of Clearwater or his designated
representative for approval. Within fifteen (15) days after such submission,
the City Manager shal I determine, In writing, whether or not the site plan Is
In conformance with the provisions of this Stipulation. In the event that
the determination of the City Manager Is In the negative, then Plaintiffs
shal I have the right to appeal the decision of the City Manager to the City
Commission and/or, at their option, shall have the right to obtain Judicial
review by enforcing the Final Judgment incorporating this Stipulation.
(B) The Plaintiffs may construct up to 490 residential dwel ling
units on the Northern Parcel provided, however, that in the event Plaintiffs
determine to cluster or transfer units to the Southern Parcel pursuant to
Paragraph 5(b) of this Stipulation, then the maximum number of units on the
"Northern Parcel" shal I be reduced by the number of units clustered or
transferred to the "Southern Parcel".
(C) In development of the "Northern Parcel", the Plaintiffs
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shal I not be required to provide more than one (1) parking space per
residential dwel ling unit.
(D) The Plaintiffs shall be entitled to construct or convert
one or more of the planned buildings on the "Northern Parcel" from
residential use to hotel use. In the event that the Plaintiffs elect to
construct one or more contemplated structures for hotel use, then the
Plaintiffs shal I be entitled to 1.5 hotel units in I ieu of each permitted
residential dwel ling unit.
(E) The development of the "Northern Parcel" shal I strictly be
control led by the provisions In this Stipulation without any reference to any
other zoning codes or ordinances of the CITY OF CLEARWATER, whether the same
be enacted In the past, be presently In effect, or be enacted In the future.
(F) The development rights agreed to hereunder with respect to
the Northern Parcel shal I remain In ful I force and effect for a period of 20
years. During that period, Plaintiffs shal I have the right to develop the
Northern Parcel In accordance with the provisions of this Stipulation, and
Defendant wll I, In good faith, permit such development and cooperate with
Plaintiffs as required by this Stipulation.
I I I. GENERAL CONDITIONS APPLICABLE TO "SOUTHERN PARCEL" AND
"NORTHERN PARCEL"
8. The fol lowing provisions, Paragraph 9 through 22, shal I apply
to both the "Southern Parcel" and the "Northern Parcel".
9. In development of the "Southern Parcel" or "Northern Parcel",
the Plaintiffs shal I, after obtaining approval of the site plan as provided
for above, only be required to submit building plans to the CITY OF
CLEARWATER In order to Initiate the process of applying for a building
permit. The City shal I expedite, promptly process, and not delay in any way
the Issuance of any required permits, and otherwise cooperate with Plaintiffs
In their development submissions. The City shal' not require the Plaintiffs
to comply with any requirements or hearing requirements pertaining to
community Impact statements, or to attend hearings relating to same, nor
shal I Plaintiffs be required to obtain site plan approvaf from the City
Commission. The City shall be entitled to submit the building plans and
specifications filed with the City by the Plaintiffs to Its respective
department heads, and/or to the City's resource development committee, for
the sole purpose of determining whether or not the working drawings comply
with this Court's Final Judgment, and with health and safety codes In
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existence as of the date of submission. AI I permits and building permits
shal I be Issued, forthwith no later than 45 days from the fl ling of the
working drawings by Plaintiffs with the City of Clearwater, provided the
building plans and specifications comply with the terms of this Stipulation.
It Is further agreed that Plaintiffs shal I be entitled to a foundation permit
within 10 working days of submission of a site plan, together with structural
drawings for the foundation, sealed by a licensed structural engineer, so as
to permit Plaintiffs to commence work on the project. Issuance of the
foundation permit wi I I not constitute final approval of workIng drawings for
the entire structure, nor wi I I same guarantee Issuance of a final building
permit.
10. The parties agree that the total number of residential dwel ling
units of six hundred and ten (610) hereby authorized to be placed upon the
"Southern Parcel" and "Northern Parcel" Is consistent with the general
concept of approximately thirty two (32) residential dwel ling units per acre.
11. In order to resolve the controversy between the parties as to
the fees and Impact fees payable by Plaintiffs, It is agreed that Plaintiffs
shal I pay the fol lowing to the City of Clearwater, In lieu of any and all
fees, charges, Impact fees, assessments, Imposts, land dedication
requirements or other costs of any kind or nature whatsoever that would
otherwise be Imposed by the City, whether presently provided for or created
by future ordinance:
(A) As to building permits appl led for In the first 10 years
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during which this Stipulation Is In effect, Plaintiffs wi I I pay the City's
permit application fees, water connection fees, sewer connection fees and
developmental Impact fees (as provided for In City of Clearwater Code,
Chapter 50 and Chapter 133.08) at the rates presently charged for same, which
fees wll I be payable as final building permits are Issued for construction of
each building or other Improvement. During the second 10 years In which this
Stipulation Is effective, such fees shal I be charged at the rates then In
effect under the City's ordinances for similar projects. This paragraph is
not applicable to the Impact fees described In paragraph 11(8) below.
(8) Plaintiffs wi I I pay a Combined One-Time Impact Fee of
$900,000 to the City In lieu of the fees required by Ordinances Nos. 3128-83
and 3129-83, and In I leu of any other charges against the land, whether
existing or created In the future by passage of new laws or ordinances. This
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Combined One-Time Impact Fee wll I be prorated among the 610 residential
dwel ling units to be constructed hereunder, and paid to the City as each
certificate of occupancy Is Issued, at the rate of $1,475.40 per residential
dwel ling unit or $983.00 per hotel unit, based upon the number of units to
which the certificate of occupancy appl ies. The monies paid to the City
hereunder are to be reserved for use In acquiring, maintaining and Improving
parks and other public facilities on Sand Key.
12. This Stipulation and the Final Judgment shal I be enforceable by
either party by Injunctive rei lef or any other legal or equitable rei lef
available In civil actions under law.
13. The Final Judgment and this Stipulation shal I be deemed to
establ Ish property rights and obligations which run with the land, and which
are binding upon and enforceable against and in favor of Plaintiffs, their
successors In title, and upon the City of Clearwater.
14. The parties agree that the Plaintiffs and their successors
shal I not be entitled to develop either the "Southern" or "Northern" parcels
under any zoning regulations other than those contained in this Stipulation
and that this Stipulation limits the rights of both parties.
15. The parties agree to be bound by the terms of this Stipulation
upon the entry of Final Judgment In this cause, unless the terms hereof are
modified by mutual agreement of the parties and approved by the court at a
later date.
16. It Is agreed that the court shal I retain jurisdiction over the
subject matter and parties to this cause for the enforcement of the
Stipulation and Final Judgment.
17. The parties agree that the Stipulation and Final Judgment in
this cause shal I be recorded at the expense of the Plaintiffs.
18. No other agreement, either expressed or implied, which Is
not made a part of this Stipulation and the Final Judgment of the court
shall be binding and enforceable against any of the parties hereto with the
exception that any modifications or amendments shal I be In writing, signed by
al I parties, and approved by the court.
19. The City agrees to dismiss with prejudice the law suit entitled
City of Clearwater vs. U. S. Steel, et al which has been brought against
CHEEZEM INVESTMENT PROGRAM I, LTD., and CHEEZEM LAND CORPORATION, Case No.
84-844-15, now pending In the Circuit Court of Pinel las County of Florida, as
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to CHEEZEM INVESTMENT PROGRAM I, LTD., and CHEEZEM LAND CORPORATION.
20. This Stipulation shal I apply only to the real property
described In Exhibits "8" and "G", attached and not any other property now
owned or later acquired by Plaintiffs.
21. Plaintiffs shall not have authority to develop either parcel
described herein under any past, existing or future zoning ordinance, It
being understood that al I development of the real property described In
Exhibits "8" and "G" Is to be In accordance with this Stipulation only. The
"Southern Parcel" and "Northern Parcel" are intended by this Stipulation to
become Inter-dependent, and Plaintiffs wll I not be entitled to develop one
parcel, or part thereof under this Stipulation and then seek to develop
other portions of the parcel or parcels under some other, more liberal zoning
scheme, regulation or ordinance.
22. The parties agree to execute general releases, as to the
Southern and Northern Parcels, each releasing the other, Including al I
claims, whether or not alleged In the complaint in this matter, against the
City of Clearwater, Its officials, agents. or representatives.
23. P loa I nt Iff s hereby represent that a II necessary act I on
has been taken by the corporation and the partnership In order to make this
Stipulation binding and effective. The City COmmission approved this
settlement on March 26, 1984.
24. Plaintiffs agree to execute and record a 10 foot pedestrian
easement, the westerly boundary of which shall be the mean high water line,
and whose easterly boundary shal I never be farther east than the presently
established Coastal COnstruction Control Line.
25. 8y executing this Stipulation, Defendant agrees that neither
the Northern Parcel nor the Southern Parcel wll I be made the subject of any
future building moratorium Imposed by the City of Clearwater.
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~~~day of March, 1984.
CITY OF CLEARWATER, FLORIDA
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DATED thIs
CounterSIgned:
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Attest:
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CHEEZEM
I, L TO . ,
By.
CHEEZEM l~ND CORPORATION
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VIce PresIdent
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. ALLEN,
45 Central Ave ue rth
St. Petersburg, FL 33710
(813) 321-3273
Attorney for PlaIntIffs
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P. O. Box 4748
Clearwater, FL 33518
(813) 462-6760
ChIef Asst. CIty Attorney
Attorney for Defendant
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