PRELIMINARY 1ST DRAFT LETTER SETTLEMENT STIPULATION SUGGESTIONS BY CHARLES SIEMON
PRELIMINARY 1 ST DRAFT
LETTER SETTLEMENT
STIPULATION
SUGG-._ ESTIONS BY
CHARLES SIEMON
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C IT Y
OF
CLEARWATER
OffIce of
CIty Attorney
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 33518 - 4748
(813) 462-6760
October 29, 1985
F. Wallace Pope, Jr., Esq.
Johnson, Blakely, Pope, Bokor & Ruppel, P.A.
911 Cnestnut Street
Post Offlce Box 1368
Clearwater, Florlda 33517-1368
Re: Justlce Corp./Sand Key
Dear Wally:
After navlng recelved your prellmlnary flrst draft,
Clty offlclals commenced worklng on a response. We had
never completed our draft when we recelved your completed
flrst proposal. We note that your complete flrst proposal
does not dlffer substantlally from your orlglnal draft.
We have responded to your proposal wlth a counter-
proposal, a copy of whlch lS enclosed. As you can see, the
baslc elements of the settlement stlpulatlon are the same,
but certaln dlfferences In form are apparent.
We would very much appreclate your studYlng our pro-
posal, and hope that It can form the basls for a prompt and
amlcable settlement. I very much appreclate your asslstance
In thls matter.
Very truly yo~rs,
~~-~
Frank X. Kowalskl,
Chlef Asslstant Clty Attorney
FXK:fs
cc: Anthony L. Shoemaker
M. A. Galbrlath, Jr.
Paula Harvey v' .
Charlle Slemon
Blll Frledlander
IDIZ@ffi~\[~ffi'
il~ ~@
OCT ~ 0 1985
PLANNING
DEPARTMENI
"Equal Employment alld -4ffirl1latll'e ActIOn Employer"
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IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
vs.
)
)
)
Plaintiff )
)
)
)
)
)
)
Defendant:-)
CIRCUIT CIVIL NO. 78-4765-7
UNITED STATES STEEL
CORPORATION,
CITY OF CLEARWATER, a
Municipal corporation
SETTLEMENT STIPULATION
Plaintiffs, JUSTICE INVESTMENT CORP., a Florida corporation
and its subsidiary limited partnerships and corporations, CHEEZEM
,
INVESTMENT PROGRAM I, LTD., a Florida corporation, and AMERICAN
DESIGN & DEVELOPMENT CORP. OF SAND KEY, a Florida corporation,
and defendant, CITY OF CLEARWATER, a municipal corporation hereby
stipulate and agree as follows:
1. JUSTICE INVESTMENT CORP., a Florida corporation, and its
subsidiary limited partnerships and corporations, CHEEZEM
INVESTMENT PROGRAM I, LTD., a Florida limited partnership,
CHEEZEM LAND CORPORATION, a Florida corporation, and AMERICAN
DESIGN & DEVELOPMENT CORP. OF SAND KEY, a Florida corporation,
are the successors in interest to UNITED STATES STEEL
CORPORATION, the original plaintiff in this cause.
2. Plaintiffs are the owners of four parcels of land on
Sand Key within the City of Clearwater, hereinafter referred to
as Parcel I, Parcel II, Parcel III and Parcel IV, WhiCh are more
particularly described in Exhibit 1 attached hereto.
3. Parcels I, II and III were part of those lands owned by
United States Steel Corporation that were the subJect of Count II
of the original complaint in this cause.
4. Parcel IV was the subJect of an independent action,
CirCUit Civil No. 83-14905-7, which was dismissed upon entry of a
Judgment incorporating a Settlement Stipulation.
5. Parcel I is a 9.18 acre parcel of land located on the
bayside of Sand Key that is improved with 64 residential dwelling
units.
6. Parcel II is a 8.6 acre parcel of land located on the
Gulfside of Sand Key that is unimproved.
7. Parcel III is a 7.9 acre parcel of land located on the
bays ide of Sand Key at the extreme northern end of the Key that
is unimproved.
8. Parcel IV is a 15 acre site that is located on the
gulfside of Sand Key immediately to the south of the existing
Sheraton resort that lS unimproved.
9. Plaintiffs and Defendants desire to amicably resolve
particular disputes that have arisen between the parties in
regard to Plaintiffs' rights to use Parcels I and III under the
final judgment entered in this cause and the City'S authority to
amend its zoning ordinance in regard to these parcels.
10. This Settlement Stipulation shall have no affect
whatsoever on the legal rights and duties of the parties in re-
gard to Parcel II under the final judgment in this cause.
~l. Notwithstanding the notice requirement of the Municipal
Code of the City of Clearwater and Florida Statutes, the City
agrees to provide Plaintiffs at least ninety (90) days written
notice prior to the final adoption of any ordinance rezoning
Parcel II.
12. The development of Parcel I shall be controlled by the
requirements of the RM-16 zoning District of the newly enacted
Land Development Code except as expressly set forth herein.
plaintiffs shall be entitled to develop an additional 80
reSidential dwelling units on Parcel I provided that the
development complies with each and every requirement of the
Municipal Code of the City of Clearwater and the City's newly
enacted Land Development Code other than reSidential density and
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pf~ 13. Plaintiffs s~all be entitled to deve~op up to 105,000
square feet of non-residential floor area as defined in the newly
enacted Land Development Code of the City of Clearwater on Parcel
III, subject however to the following conditions and limitations:
a. Except as expressly set forth to the contrary in
this paragraph, the development of Parcel III shall
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b.
c.
d.
v<.
14. As
comply with each and every requirement of the
Municipal Code of the City of Clearwater and the
City'S newly enacted Land Development Code;
The northernmost 3 acres of Parcel III shall be
subJect to a height limitation of ten (10) feet as
defined in the newly enacted Land Development Code
of the City of Clearwater;
The northernmost three (3) acres of Parcel III
shall be limited in use to active or passive
recreational uses, including but not limited to
marinas, tennis courts, swimming pools, golf and
o~her leisure activities, bars and restaurants.
The southernmost four (4) acres of Parcel III shall
be subJect to a height limitation of fifty (50)
feet as measured under the provisions of the
recently enacted Land Development Code of the City
of Clearwater.
e.
The one (1) acre portion of Parcel III that lies
between the northernmost and southernmost portion
of the parcel of land shall be used exclusively jor
surface parking for automobiles, motorcycles or
bicycles.
f.
No residential dwelling units shall be developed on
any part of Parcel III.
T~e . devel0~~_'2LparceljlI~~a L-I
minimum, a grogery store - - c5!~r
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Pft" ~~~.
additionai cons~deration for the mutual agreements
contained herein, the City agrees that Plaintiff shall be
entitled to develop Parcel IV with an additional one hundred and
twenty (120) reSidential dwelling unIts (or one hundred and
eighty (180) hotel units) above and beyond the density authorized
by the Settlement Stipulation and Final Judgment entered in Cir.
Civ. No. 83-14905-7, provided that the development of Parcel IV
with such additional residential dwelling units or hotel units
above and beyond those authorized by the Settlement Stipulation
and Final Judgment shall be in accordance with each and every
requirement of the Resort Commercial "Twenty-Eight" District of
the newly enacted Land Development Code other than parking,
height and reSidential density which are expressly modified by
the Settlement Stipulation or Final Judgment, and shall be
specifically subject to all reqUirements for site plan review
under the Land Development Code.
15. plaintiffs shall, prior to the issuance of any
certificates of occupancy for any development on Parcel III and
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Parcel IV, construct, cause to be constructed, or pay to the City
a sum equivalent to the cost to construct, the roadway improve-
ments described in Exhibit 2 attached hereto. The roadway
improvements described in Exhibit 2 are hereby agreed to be site
specific improvements, and construction of the improvements or
payment in lieu thereof shall not relieve Plaintiffs of its obli-
gation to pay any impact fee imposed under the Municipal Code of
the City of Clearwater. In the event plaintiffs determine to pay
to the City the cost of the roadway improvements, the plaintiffs
shall submit an engineer's estimate of cost, bearing the seal of
a civil engineer licensed in the state of Florida. Within fif-
teen (15) days after the submission of an estimate of cost, the
City Manager shall notify the plaintiffs as to the amount to be
paid.
16. It is understood and agreed that plaintiffs may, at
their sole discretion, seek permission to develop all or a part
of Parcel III, other than the area designated for surface
vehicular parking, as a marina. The development of a marina on
Parcel III shall be permitted only if approved in accordance with
each and every requirement of the Municipal Code of the City of
Clearwater, the City's newly enacted Land Development Code and
controlling state law. The City agrees that it will not
interpose any objection to the development of a marina in any
proceedings involving the Department of Natural Resources, the
Department of Environmental Regulation or the Trustees of the
Internal Improvement Trust Fundi however, it is agreed and under-
stood that nothing herein divests the City of any of its duties
or responsibilities under Section 380.05, Fla. Stat. (1983) in
the event plaintiffs seek approval for a development of regional
impact.
17. It is agreed and understood that development of Parcels
I, III and IV shall be subject to the site plan approval
requirements of the newly enacted Land Development Code of the
City of Clearwater. No development shall take place on parcels
I, III and IV until a site plan has been approved under the
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Code. It is further understood and agreed that the City retains
full and complete authority under its Land Development Code over
-
the development and use of Parcels I, III and IV, provided that
no condition, requirement or limitation may be imposed on the
development that conflicts with, or frustrates, the density
rights established by this Settlement Stipulation.
18. Plaintiffs agree to pay an amount equal to each and
every impact fee imposed by the Municipal Code of the city of
Clearwater for development of Parcels I and III; prOVided, how-
ever, that in mutual consideration of the resolution of a dispute
between the parties over the effect of the final judgment in this
cause on the applicability of the City's impact fee requirements,
,
Plaintiffs and Defendant agree that the monies paid to the City
under this paragraph shall be free of any payment restriction
contained in any impact fee provision of the Municipal Code and
shall be expended by the City for the general benefit of the
residents and visitors for Sand Key.
19. This Settlement Stipulation and the final judgment to be
entered by the court shall be enforceable by either party by
injunctive relief or by any other legal or equitable remedy
available in civil actions at law or in equity.
20. This Settlement Stipulation and the attached final
Judgment shall be deemed to establish property rights and obli-
gations that run with the land and that are binding upon and
enforceable against and in favor of Plaintiffs, their successors
in title, and the CITY OF CLEARWATER.
21. The parties shall be bound by the terms of this
stipulation upon its execution and confirmation by the entry of
the attached final judgment in this cause, unless the terms here-
of are modifIed by mutual agreement of the parties and are
approved by the court at a later date.
22. The court shall retain Jurisdiction over the subJect
matter and the parties to thiS cause for the purposes of
enforcing the executory provisions of this stipulation and the
attached final Judgment.
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23. This stipulation and final judgment in this cause shall
be recorded at the expense of Plaintiffs and a recorded copy
thereof shall be provided to the City of Clearwater.
24. No other agreement, either express 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 respect to the parcels described herein, and
any modifications or amendments to this stipulation shall be in
writing, signed by all parties, and approved by the court. This
stipulation and the attached f~nal Judgment shall apply only to
the real property described in Exhibit "1" hereto, and not to any
other property now owned or later acquired by plaintiffs.
25. The plaintiffs hereby represent that all necessary
action has been taken by Plaintiffs to make this stipulation
binding and effective. The Clearwater City Commission approved
this settlement on
26. The development rights agreed to herein with respect to
Parcels I, III and IV shall remain in full force and effect for a
period of 5 years, and thereafter the City of Clearwater shall be
free to regulate the use of the three parcels without limitation
as a result of the final Judgment entered in this cause in this
Settlement stipulation.
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DATED this day of
Countersigned:
Mayor-CommisSioner
Approved as to form
and correctness
City Attorney
M. A. GALBRAITH, JR.
Post Office Box 4748
Clearwater, Florida 33518
(813) 462-6760
Chief Asst. Clty Attorney
Attorney for Defendant
, 1985.
CITY OF CLEARWATER, FLORIDA
By: City Manager
Attest:
By: City Clerk
JUSTICE INVESTMENT CORP.
By:
,
CHEEZEM INVESTMENT PROGRAM I,
LTD.
By:
CHEEZEM LAND CORPORATION
By:
AMERICAN DESIGN & DEVELOPMENT
CORP. OF SAND KEY
By:
JOHNSON, BLAKELY, POPE, BOKOR &
RUPPEL, P.A.
By:
F. WALLACE POPE, JR.
Post Office Box 1368
Clearwater, Florida 33517
(813) 461-1818
Attorneys for Plaintiffs
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