JOINT PARTICIPATION AGREEMENT TO IMPLEMENT AN AMENDMENT TO THE COUNTYWIDE FUTURE LAND USE PLAN
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JOINT PARTICIPATION AGREEMENT to IMPLEMENT AN AMENDMENT TO THE
COUNTYWIDE FUTURE LAND USE PLAN (CW 00-42)
THIS AGREEMENT, made and entered into on the ~~y of ~-e- ,2002, by and
,
between Pinellas County, a political subdivision of the State of Florida, (hereafter COUNTY,)
the City of Clearwater, a municipal corporation, (hereafter CITY,) and First Baptist Church of
Clearwater, Inc., (herafter CHURCH): WITNESSETH, that:
WHEREAS, the CHURCH wishes to construct certain facilities on land it owns within the
CITY, abutting public roads, (hereafter the PROJECT) and
WHEREAS, the parties are interested in facilitating improvements to the abutting roads to
minimize traffic impacts anticipated by the PROJECT, and
WHEREAS, in Case number CW 00-42, on January 9, 2001, the COUNTY approved an
amendment to the Countywide Future Land Use Plan which had been proposed by the CITY; and
WHEREAS, the Ordinance amending said plan requires a Joint Participation Agreement for
its implementation;
NOW THEREFORE, the parties, in consideration ofthe mutual promises herein contained,
and for the other good and valuable consideration, receipt of which is hereby acknowledged by all
parties, hereby agree as follows:
1. The PROJECT is a 65,000-square foot sanctuary, a 300-student high school, and a 110-
student day care center, to be located on CHURCH property at the southwest comer of
McMullen-Booth Road and Drew Street. Property which the Church currently owns
which is the subject ofCW 00-42 is legally described as follows:
The North three-fourths of the North one-half of the N.W. 1/4 of the N.W.
1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County,
Florida.
LESS the East 30 feet thereof for the maintained and occupied right-of-way
of State Road No. 593, County Road No. 31, McMullen Booth Road. LESS
the West 120 ft. of the East 150 Ft. of the North 3/4 of the North 1/2 of the
Northwest Quarter of the Northwest Quarter of Section 36, Township 29
South, Range 16 East, Pinellas County, Florida, being a portion of the
Grantor's tract, as recorded in O.R. 4565, Pages 1213-1214, Less and except
the North 50 ft. thereof for Public Road Right-of- Way, per O.R. 4570, Page
1554 and also less the west 33.0 feet for the right-of-way of Bayview
Avenue.
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The above parcel being more particularly described as follows:
Commence at the N.W. Comer of the N.W. 1/4 of Section 16, Township 29
South, Range 16 East and go S.00036'37''W., along the west boundary line of
said Section 16, 50.00 feet; thence S.89028'42"E., along a line 50.00 feet
south of and parallel to the north boundary line of said Section 16, 33.00 feet
to the easterly right-of-way line ofBayview Avenue for a Point of Beginning;
thence, continuing along said parallel line, S.89028;42"E., 1155.36 feet, to
the west right-of-way line of McMullen Booth Road, per order of taking
recorded in Official Records Books, 6860, Page 2371 ofthe Public Records
of Pin ell as County, Florida; thence, S.00037'34''W., along said westright-of-
way line, 445.39 feet; thence, leaving said west right-of-way line,
N.89028'39"W., 1155.24 feet to the east right-of-way line of Bayview
Avenue,; thence, N.00036'37''E., along said east right-of-way line, 445.37
feet to the Point of Beginning.
2. To facilitate ingress and egress to and from the PROJECT, the CHURCH intends to build the
following improvements at its sole cost:
a. Add an eastbound right-turn deceleration lane on Drew Street; and
b. Add a westbound left-turn lane at the PROJECT entrance on Drew Street; and
c. Add a northbound right-turn deceleration lane on Bayview Avenue at the
PROJECT entrance; and
d. Close the northernmost oftwo existing driveways to McMullen-Booth Road; and
e. Construct, or improve, a driveway at the southbound service road on the east side
ofthe PROJECT allowing right-in and right-out movements with no direct access
to McMullen-Booth Road. Further, at that driveway, construct a southbound
right-turn deceleration lane for entry to the PROJECT.
3. The CITY and COUNTY acknowledge that a southbound exclusive right turn lane on
McMullen-Booth Road at the intersection of Drew Street is not required as a result ofthe
proposed PROJECT construction as the PROJECT generates less than one percent of peak
hour traffic at this location. To reduce traffic impacts to the abutting roads, the CITY and
the COUNTY will commit their portions ofthe transportation impact fees for this PROJECT
to the construction of a southbound exclusive right-turn lane on McMullen-Booth Road
at its intersection with Drew Street, or other improvement deemed necessary by the
COUNTY. The CITY and the COUNTY shall place there respective portions of the
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transportation impact fees for construction of this PROJECT into a trust account held by
the COUNTY for purposes ofthis section 3. Any needed right-of-way shall be provided
by the CITY and at no cost to the COUNTY along Drew Street and by the COUNTY along
McMullen Booth Road to accommodate the exclusive right turn lane. The COUNTY shall
construct the improvement at the time deemed appropriate by the COUNTY.
4. All improvements described in the two paragraphs above will require permits from the
CITY (for Drew Street) and the COUNTY (for McMullen-Booth Road), and will be built to
CITY and COUNTY standards.
5. Should the PROJECT increase in size or use by 15 % , a transportation study will be
performed by the CHURCH to determine the need for further traffic improvements.
6. All improvements described in paragraph 2 above must be completed and accepted by
the CITY and the COUNTY prior to the issuance of a certificate of occupancy for any
structure of the PROJECT.
7. The CHURCH'S obligations under paragraph 2 will be undertaken within a reasonable
time after the execution ofthis agreement, but it is understood that the activities must be
designed by a professional engineer, permits must be obtained from the appropriate
regulatory agencies, and actual construction phase services, which may be performed by
a general contractor qualified in the field, must follow the CHURCH'S standard
procurement procedures. The CITY and COUNTY'S obligations under paragraph 3 to pay
the funds into the COUNTY'S trust account shall be accomplished within 60 days of
payment of those impact fees by the CHURCH. If any other than standard tables are used
to establish the amount of impact fees, the CITY shall consult with the COUNTY to insure
that all agree on the amount of the impact fees
8. This Agreement shall take effect upon being executed by the parties and shall be
terminated:
a. Upon the mutual consent of all parties;
b. For cause; or
c. Completion of performance, whichever occurs first.
9. MISCELLANEOUS:
(a) Any amendment to or modification of this Agreement or any alteration, extension,
supplement or change ofthe time or scope ofthe work shall be in writing and signed by both parties.
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(b) This Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
(c) N Clthing herein shall be construed to create any third party beneficiary rights in any
person not a party to this Agreement, nor to increase liability to third parties under any theory.
(d) If any word, clause, sentence or paragraph of the Agreement is held invalid, the
remainder ofthe Agreement will continue to conform to the terms and requirements ofthe applicable
law and intention of the parties.
(e) This document embodies the whole Agreement ofthe parties. There are no promises,
terms, conditions or allegations other than those contained herein and this document shall supersede
all previous communications, representations and/or agreements, whether written or verbal, between
the parties hereto.
(f) This Agreement may be modified only in writing executed by all parties.
(g) This Agreement shall be binding upon the parties, their successors, assigns and legal
representatives, and shall only be effective if executed by all parties.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by
their duly authorized officers, and their official seals hereto affixed, the day and year first above
written.
End of Substantive Provisions, Signature Pages to Follow
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment the
date first above written.
WITNESSES:
INC.
FIRST BAPTIST CHURCH OF CLEARWATER,
Signature
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this ~y of
of The First Baptist
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Joint Participation Agreement to Implement an Amendment to the
Countywide Future Land Use Plan (CW 00-42) between Pinellas County,
City of Clearwater and First Baptist Church of Clearwater, Inc.
Countersigned:
Brian J. Aungst
Mayor-Commis loner
Approved as to form:
Leslie K. Dougall- I es
Assistant City Attorney
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ATitESJ:::.KARL.EEN F. DE BLAKER
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APPROVED AS TO FORM
OFFICE OF COUNTY A TIORNEY
By:
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CITY OF CLEARWATER, FLORIDA
By:
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William B. Horne II
City Manager
Attest:
~~~{&t(r eM~.
../lov Cy~ E. Goudeau t!
o City Clerk'
Pint Name: .6
As: (!Hi4,/lm
Address:
315 Court Street
Clearwater, FL 44756
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