DEVELOPMENT AGREEMENT
j
i
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008215921 08/0612008 at 10:29 AM
OFF REC BK: 16341 PG: 2636-2656
DocType:AGM RECORDING: $180.00
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated ~,
2008, effective as provided in Section 5 of this Agreement, and entere~ intol between
SPINECARE PROPERTIES, LLC, a Florida limited liability company ("Owner"), and the
CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting
through its City Council ("Council"), the governing body thereof ("City").
R E C I TAL S:
A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City.
B. Under Section 163.3223 of the Act, the City has adopted Section 4-606 of
the City of Clearwater Community Development Code ("Code"), establishing procedures
and requirements to consider and enter into development agreements.
C. The Owner owns approximately 4.5 acres of real property ("Property") in
the corporate limits of the City, more particularly described on Exhibit "A" attached
hereto and incorporated herein.
D. The Owner or its successor desires to develop the Property as a medical
clinic with a maximum building height of thirty (30) feet to the top of the roof deck, with a
four (4) foot parapet wall for screening, and thirty-eight (38) feet to the top of the
elevator/stair towers/architectural elements as generally conforming to the architectural
elevation dimensions shown in Composite Exhibit D prepared by Fischer & Associates,
LLC with the corresponding Floor Plans together attached as Composite Exhibit "D",
and generally conforming to the Staking Site Plan prepared by Northside Engineering
Services, Inc. dated May 3, 2005 and date-stamped approved by the Community
Development Board on May 25, 2005 ("Site Plan") as shown on Exhibit "B-1" as
modified and administratively approved by the Planning Director on May 6, 2008 as
shown on Composite Exhibit "B-2", attached hereto and incorporated herein.
E. The Property currently has a land use designation of Residential
Suburban (RS) and is zoned Low Density Residential (LDR).
F. In order to develop the Property, as a medical clinic, the Owner has
requested that the City place the following on the Property: (i) a land use designation of
Residential Low (5 units/acre) and Institutional (INS), (ii) a zoning designation of LMDR
(Low Medium Density Residential) and I (Institutional), all improvements as indicated in
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 1
Exhibits "B-1" and "B-2."
G. The City and the Owner have determined that it would be mutually
beneficial to enter into a development agreement governing the matters set forth herein
and have negotiated this Agreement in accordance with the Code and the Act.
H. It is the intent of the Owner and the City that Ashland Heights Owners
Association, Inc., a Florida non-profit corporation, and Landmark Palms Homeowners'
Association, Inc., a Florida non-profit corporation (collectively "Association"), be third-
party beneficiaries to this Agreement.
I. The City has found that the terms of this Agreement are consistent with
the City Comprehensive Plan and the Code.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals.
Agreement.
The above recitals are true and correct and are a part of this
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part
of this Agreement. Words used in this Agreement without definition that are defined in
the Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subiect to this Aqreement.
"A" is subject to this Agreement ("Property").
The Property described in Exhibit
SECTION 4. Ownership. The Property is owned in fee simple by the Owner.
SECTION 5. Effective Date/Duration of this Aqreement.
5.1 This Agreement shall not be effective until the later of the following three (3)
events: (1) the pending Comprehensive Plan Amendment for the Property for a land use
designation of Residential Low and Institutional (INS) becomes effective as defined by
Section 163.3229, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code;
and (2) the pending rezoning of the Property for a designation of Low Medium Density
Residential (LMDR) and Institutional (I) becomes effective; and (3) this Agreement is
properly recorded in the public records of Pinellas County and 30 days have elapsed
after having been received by the Department of Community Affairs pursuant to Florida
Alternate "A" Development Agreement DVA 2005-0001 approved by CDS July 15, 2008 2
Statutes Section 163.3239 and Clearwater Community Development Code Section 4-
606G.2."
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Owner shall pay the cost of such recording. The City shall
submit to the Department of Community Affairs a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined herein, but for
a period not to exceed twenty (20) years.
SECTION 6. Obliqations under this Aareement.
6.1 Obligations of the Owner
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Owner, its successors in interests or
assigns.
6.1.2 At the time of development of the Property, the Owner will submit such
applications and documentation as are required by law and shall comply with the City's
Code applicable at the time of development review.
6.1.3 The following restrictions shall apply to development of the Property:
6.1.3.1 The Property and improvements located thereon shall be
developed in substantial conformance with the Site Plan attached as Exhibit "B-1"
approved by Developer Order of the Community Development Board ("COB") on May
17, 2005 in case number FLD2005-01014 as further modified and approved
administratively by the Planning Director on May 6, 2008 attached as Exhibit "B-2" ("Site
Plan"). Any minor revisions or changes to the Site Plan shall be consistent with the
approved Site Plan and shall be approved by the Planning Director as a minor
modification. Any modifications determined by the Planning Director as either
inconsistent with the approved Site Plan or constituting a substantial deviation from the
approved Site Plan and thus requiring further approval by the COB shall require an
amendment to this Agreement in accordance with the procedures of the Act and the
Code, as necessary and applicable. Any and all such approved and adopted
amendments shall be recorded in the public records of Pinellas County, Florida.
6.1.3.2 The maximum building square footage shall not exceed
45,000 square feet and shall be developed as a medical clinic.
6.1.3.3 The Building shall not exceed two (2) stories in height, with a
maximum building height not to exceed thirty (30) feet to the top of the roof deck, with a
maximum four (4) foot parapet wall for screening, and a maximum thirty-eight (38) feet
Alternate "A" Development Agreement DVA 2005-0001 approved by CDB July 15, 2008 3
to the top of the elevator/stair towers/architectural elements generally conforming to the
building elevation dimensions as shown in Exhibit D prepared by Fischer & Associates,
LLC with the corresponding Floor Plans also attached in Composite Exhibit "D" hereto
and incorporated herein.
6.1.3.4 The parking spaces on the Property shall not exceed 225 in
number, inclusive of eight (8) handicap spaces. Parking spaces located in the fifty-five
(55) foot buffer area on the North side of the building (i) shall be secured by a gate, (ii)
shall only allow staff access, and (iii) shall not exceed fifteen (15) in number.
6.1.3.5
shall be translucent.
All windows on the North and West sides of the Building
6.1.3.6 The Owner shall construct a six (6) foot concrete wall (with a
stucco finish) ('Wall") along the North (through Lot 40) Property line within the
Landscape Buffer zone between the parking area and the North Property line prior to
commencement of any vertical construction. The final location of this Wall will be
coordinated with the Tree Preservation Plan to preserve all trees with a rating of 3 or
higher to the maximum extent possible, and be subject to the approval of the City and
consent by the Association, provided such location does not constitute a substantial site
plan modification requiring CDB hearing and approval. To the maximum extent possible,
subject to preserving trees with a rating of 3 or higher, the Wall shall be setback from
the North Property line to provide adequate area to allow maintenance of the north face
of the Wall within the boundaries of the Property. In the event, as a result of the need to
preserve an existing tree, necessitating that the Wall be located on or near the North
Property line such that in order to maintain the Wall, it may be necessary for the Owner
to enter private property to perform such maintenance and accordingly, the Owner and
the affected private property owners may enter into a private agreement regarding the
performance of such maintenance.
6.1.3.7 The Owner shall construct a six (6) foot vinyl privacy fence
("Fence") on the South Property line prior to commencement of any vertical
construction, subject to City approval. In order to maintain the Fence, it may be
necessary for the Owner to enter private property to perform such maintenance and
accordingly, the Owner and the affected private property owners may enter into a
private agreement regarding the performance of such maintenance.
6.1.3.8 The Owner shall construct a vinyl fence of at least six (6)
feet in height along the west side of the proposed parking area immediately east of the
retention pond area prior to commencement of any vertical construction, and such fence
shall be landscaped on the west face with a continuous hedge or non-deciduous vine, in
accordance with Section 2-204.C.3 of the Code.
6.1.3.9 The Owner shall maintain the Wall and Fences required by
Sections 6.1.3.6, 6.1.3.7 and 6.1.3.8 in good condition and such maintenance, either
cosmetic or structural, shall be made promptly and completed in a good workman-like
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 4
manner.
6.1.3.10 There shall be trees installed at the time of planting that are
a minimum of eight (8) to ten (10) feet in height south of the Wall located along the
North Property line as described in Section 6.1.3.6 above in accordance with Exhibit "C"
containing the Landscape Site Plan & Details date-stamped approved by the CDS on
May 25, 2005 for purposes of screening and buffering the medical building from the
residential homes located north of the Property.
6.1.3.11 All medical imaging shall be conducted on the
Southern half of the building. All access ways to the imaging machines and rooms shall
be located on the South side of the building.6.1.3.12 The Owner will operate its patient
hours in the manner of a typical medical clinic in that the medical clinic will be open from
approximately 8 a.m. to 6 p.m., Monday through Friday, and from approximately 8:00
a.m. to 12:00 p.m. on Saturday. The imaging center located on the south side of the
building may operate later than the rest of the building, but with limited staff
involvement.
6.1.3.13 The Owner shall reduce or eliminate lighting, as allowed by
the City. Specifically, the Owner shall reduce or eliminate lighting on the West side of
the Property during non-peak times, consistent with safety concerns.
6.1.3.14 The Owner shall attempt to preserve fifty-seven (57%)
percent of the total trees on-site with a rating of 3 or better and sixty percent (60%) of
all existing trees over twelve (12) inches in diameter with a rating of 3 or better. The
Owner shall submit a tree preservation plan at the time of building permit application
which will be subject to review and approval by the City prior to issuance of any building
permits.
6.1.3.15
to this Agreement.
There shall be no residential uses on the Property pursuant
6.1.4 It is the intent of the Owner and the City that Ashland Heights Owners
Association, Inc., a Florida non-profit corporation" and Landmark Palms Homeowners'
Association, Inc., a Florida non-profit corporation be third-party beneficiaries to this
Agreement.
6.2 Obliqations of the City.
6.2.1 Concurrent with the approval of this Agreement, the Council shall
promptly process amendments to the land use plan and zoning designation for the
Property as set forth in Recital F above, all in accordance with the Code.
6.2.2 The City shall promptly process site and construction plan applications
for the Property that are consistent with the Comprehensive Plan and the Concept Plan
and that meet the requirements of the Code.
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 5
6.2.3 The final effectiveness of the re-designations referenced in Section
6.2.1. is subject to:
6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, at
the conclusion of such appeal.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval. With respect to transportation and
other public infrastructure and services subject to concurrency requirements, all
applicable concurrency provisions for the proposed development have been met.
7.1 Potable water is available from the City. The Owner shall be responsible for all
necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Owner shall be responsible
for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Owner at the Owner's
sole expense.
7.5 All improvements associated with the public facilities identified in Subsections 7.1
through 7.4 shall be completed prior to the issuance of any certificate of
occupancy.
SECTION 8. Required Local Government Permits. The required local government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way
utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistency. The City finds that development of the Property is
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 6
consistent with the terms of this Agreement is consistent with the City Comprehensive
Plan and the Code.
SECTION 10. Termination.
10.1 If the Owner's obligations set forth in this Agreement are not followed in a timely
manner, as determined by the City Manager, after notice to the Owner and an
opportunity to be heard, existing permits shall be administratively suspended and
issuance of new permits suspended until the Owner has fulfilled its obligations. Failure
to timely fulfill its obligations may serve as a basis for termination of this Agreement by
the City, at the discretion of the City and after notice to the Owner and an opportunity for
the Owner to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until twenty (20) years after the date of this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing
at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Owner; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to address any
particular permit, condition, term or restriction shall not relieve the Owner from the
necessity of complying with the law governing such permitting requirements, conditions,
terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be given
under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail,
return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to the Owner:
Spinecare Properties, LLC
c/o William Shatz, Managing Member
2250 Drew Street
Clearwater, FL 33765
With Copy to:
Deborah L. Martohue, Esquire
Martohue Land Use Law Group, P.A.
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 7
Villages on Grand Central
2429 Central Avenue, Suite 203
St. Petersburg, FL 33713
If to City:
City Council of City of Clearwater
c/o City Manager
112 South Osceola Avenue
Clearwater, FL 337561f to Association: Ashland
Heights
Owners Assn., Inc.
c/o Progressive Management
4151 Woodlands Parkway
Palm Harbor, FL 34685
With Copy to:
Robert Lapin, President
Ashland Heights Owners Association
3309 Waterford Drive
Clearwater, FL 33761
and
Landmark Palms Homeowners' Association, Inc.
c/o Larry Brown
3269 Nicks Place
Clearwater, FL 33761
With copy to:
John Katopis, President
3007 Geiger Court
Clearwater, FL 33761
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties
may change the addresses set forth above (including the addition of a mortgagee to
receive copies of all notices), by notice in accordance with this Section.
SECTION 14.
INTENTIONALLY OMITTED.
SECTION 15. Minor Non-Compliance. The Owner will not be deemed to have
failed to comply with the terms of this Agreement in the event such non-compliance, in
the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 8
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested
and granted in writing.
SECTION 18. Completion of Aqreement. Upon the completion of performance of
this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire Aqreement. This Agreement (including any and all Exhibits
attached hereto all of which are a part of this Agreement to the same extent as if such
Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection
or provision of this Agreement. Whenever the context requires or permits, the singular
shall include the plural, and plural shall include the singular and any reference in this
Agreement to the Owner includes the Owner's successors or assigns. This Agreement
was the production of negotiations between representatives for the City and the Owner
and the language of the Agreement should be given its plain and ordinary meaning and
should not be strictly construed against any party hereto based upon draftsmanship. If
any term or provision of this Agreement is susceptible to more than one interpretation,
one or more of which render it valid and enforceable, and one or more of which would
render it invalid or unenforceable, such term or provision shall be construed in a manner
that would render it valid and enforceable.
SECTION 21. Partiallnvaliditv. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this Agreement, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and shall with the remainder of this Agreement continue unmodified
and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party hereto, to the extent that the purpose of this Agreement or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which are of general application not governing the development of land shall
be applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
Alternate "A" Development Agreement DVA 2005-0001 approved by CDB July 15, 2008 9
SECTION 23. GoverninQ Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City, the Owner, and the Association so long as the amendment meets
the requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date
and year first above written.
[End of Substantive Provisions, Signature Page to follow.]
Alternate "A" Development Agreement DVA 2005-0001 approved by CDB July 15, 2008 10
WITNESSES:
Print~;~W>1~
Printed Name:
Printed Name:
By:
CITY OF CLEARWATER, FLORIDA
By: ~'B.~--:ij:
William B. Horne II, City Manager
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 11
STATE OF FLORIDA )
COUNTY OF PINELLAS )
'~ The forell,oi~strument was acknowledged before me this dd- ntLof,fv(<(, 2008,
by ~lllla:W1 lj. ~~t..7.., as.~fa ~Ii'INECARE PROPERTIES, ~LC, alFlorida
limited liability company, on behalf o'r'the~~ who '6(1s personally known to me or
who D produced as identification.
G ~^~
N~tary Public ~/' . h'" I r _ r
Print Name: ~~ ,_tLkil...J M (~
I!" CHRISTIANE MrtaIAIL
~~ MY COMMISSION # D1)64821}
~ ' . EXPIRES: March20~:Oll
I~AJl~ _n~l)joooaIII_CG.
Exhibits:
A Legal Description of Property
B Site Plan
C Landscape Plan
SANDRA HARRIGER
(+) MY COMMISSION II DD733691
EXPIRES: JaD1JIIY 04. 2012
FI llaUIY--' -- Co,
1-800-]:".?TAJl.Y ,
108694.341027
Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 12
EXHIBIT "A"
LEGAL DESCRIPTION
Alternate "A" Development Agreement DV A 2005-0001 approved by CDB July 15, 2008 13
Exhibit "A"
PARCEL 1: Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat
Book 102, Page 18, of the public records of Pine lIas County, Fl.
PARCEL 2: The East 308.25 feet of the North ~ of the Northwest ~ of the Northwest ~
of Section 21, Township 28 South, Range 16 East, PinelIas County, Florida, LESS the
South 208.75 feet, AND LESS the West 84 feet, AND LESS the East 100 feet thereof for
road right-of-way.
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CITY OF CLEARWAtER
POST OFFICE Box 4748, GLF.ARWATER, FLQIlJDA 33758-4748
MUNICIPAL SERVICES BUilDING. 100 $oumMYlfn1l AVENUE,CLEARWATER,FwRlDA 33756
TELEPHONE (127) 562-4567 FAX (727) 562-4865
PIAl'lNING OEPARTMfu"IT
May 6, 2008
Ms. Deborah L. Martohue, Esquire
Martohue Land Use Law GroupP.A.
Village Center on Grand Central
2429 Central Ave., Suite 203
St. Petersburg,Florida 33713
Re:Splnecare Properties, LLCFLD200S-01014 - 3280 McMullen Booth Road
Minor Site Plan ModIficatioll
Dear Ms. Martohue:
On May 17, 2005, the Community Development Board (CDB) approved the above referenced Flexible
Develqpment application to permit a two story, 45,000 square foot medical clinic with non-residential off-street
parking in the Low Medium Density Residential (LMDR) District under the provisions of Section 2-204.C; a
reduction to the front (west) setback from 25 feet to 15 feet to pavement; a reduction to the side (south) setback
from 10 feeHo four feeUo parking; and an increase in building height from 30 feet to 35 feet for top of parapet
and to 43 feet for elevator/stair tower; as a Comprehensive Infill Project, under the provisions of Section 2-
1204.Aand a Comprehensive Landscape Program under the provisions of Section 3-1202.G.
The Cortltnunity Development Coordinator received a request to revise the approved project with the following:
. Relocate the six (6) foot tall concrete wall approved along the north property boundary to a five (5)
foot setback from the north propertybolUldary to accommodate agreements reached with the Ashland
Heights Property Owners' and Landmark Palms Property Owners' Associations; and
. The addition of a six (6) foot tall vinyl fence and associated landscaping immediately west of the
parking lot and east of the retention pond. The additional fence will be of the same material and type as
previously approved located on the south property line.
In accordance with Section 4-406.A of the Code, the revisions proposed are deemed to be a Minor Revision and
are APPROVED with the following condition:
The final location of the six (6) foot tall concrete wall will be staked in the field pursuant to the
Development Agreement.
&)
"EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTlONEMPLOYFj'{"
May 6, 2008
3280 McMullen Booth Road - minor sitepll'm revision
Page 2of2
It is noted that the Staking Site Plan as submitted April 10,2008, has been relied upon in consideration of
this Minor Revision request and shall be included with site develop.nentpermit applications.
Should you have any questions, feel free to contact Neil Thompson, Development Review Manager, at 727-562.
4557.
Sincerely,
,,/i^'7~,~'-;1::7/, 'I
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Michael Delk, AICP "
Plannirtg Director
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