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ORDINANCE NO..4981-90
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; CREATING SECTIONS
137.040 THROUGH 137,054, CODE OF ORDINANCES, TO PROVIDE
FOR DEVELOPMENT AGREEMENTS; ESTABLISHING APPLICATION
AND SUBMITTAL REQUIREMENTS; PROVIDING FOR REVIEW PY THE
CITY MANAGER AND THE CITY COMMISSION; AUTHORIZING THE
ESTABLISHMENT OF APPLICATION FEES; PROVIDING FOR NO
VESTING OF DEVELOPMENT RIGHTS; PROVIDING FOR RESUBMITTAL
LIMITATIONS; PROVIDING FOR NOTICES AND PUBLIC HEARINGS;
ESTABLISHING THE MINIMUM TERMS AND CONDITIONS TO BE
INCLUDED IN DEVELOPMENT AGREEMENTS; PROVIDING FOR
APPLICATION OF SUBSEQUENT ORDINANCES; PROVIDING FOR
REVIEW AND RECORDING; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 137, Code of Ordinances, is amended by the creation
of Article VII, consisting of Sections 137.040 through 137.054, inclusive, to
read as follows:
ARTICLE VII. DEVELOPMENT AGREEMENTS
Sec. 137.040. Development agreement procedures. Development agreements
shall be considered under the following procedures:
(1) The City Commission in its sole and exclusive discretion may enter
into development agreements with the legal and equitable owners of real property
within the city limits as provided in Sections 163.3220 through 163.3243, Florida
Statutes (1989), as may be amended from time to time, and as further provided
by the terms of this article.
(2) The entry into a development agreement by the City shall in no way
whatsoever limit or modify any legislative power by the City to adopt ordinances,
resolutions, or regulations or to make executive, administrative or legislative
decisions of any kind which it had the power to make prior to the entry of such
development agreement, except to the degree that the development agreement, by
its express terms and not by inference, gives vested rights to the property
owner as to certain development permissions, required improvements and similar
matters. No development agreement shall, expressly or by inference, limit the
right of the City Commission to adopt ordinances, regulations or policies which
are of general application in the City or which are specific as to the property
subject to the development agreement, except as is expressly provided by Section
163.3233, Florida Statutes (1989), as may be amended from time to time.
Sec. 137.041. Application; fee. A property owner desiring to enter into
a development agreement with the City shall file a written application for such
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development agreement with the City Manager and pay the fee as established by
resolution of the City Commission. Such application shall identify the property
which is to be subject to the development agreement and shall identify all legal:
' r and equitable owners having any interest in the property. Such ownership
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r' interests shall be certified by a title company or an attorney-at-law licensed
r to practice in the State of Florida. In the event that any partnerships, if`''•
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corporations, joint ventures or other antities other than individuals, own a
legal or equitable interest in the property, all principals and other persons
•;.;;:?, with interest in such partnerships, corporations and joint ventures shall be
identified.a
Sec. 137.042. Initial Review by City Commission, Upon receipt of an ,f,•
application for a development agreement, the City Manager shall place the matter
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on the agenda of the City Commission and the City Commission shall, in its
discretion, determine whether or not it desires the City Manager to pursue kit..
negotiations with the property owner relative to the development agreement. In •_
the event that the City Commission determines not to proceed with further
negotiations regarding the development agreement, the fee paid by the property
' owner shall be refunded. In the event that the City Commission instructs the', '(?•'
City Manager to proceed with further negotiations, the fee shall thereafter be?
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nonrefundable regardless of whether or not a development agreement is ultimately
executed between the City and the property owner. 9 Sec. 137.043. Development Proposal; Required Information. Upon a
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determination by the City Commission that it desires to proceed with further
negotiations relative to a development agreement, the property owner shall
promptly submit a development proposal for the subject property to include the ,X?T
following information:
(i) A legal description of the property to be subject to the agreement. s aj1:
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,t (2) All persons, firms or corporations having a legal or equitable'
interest in the land.
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(3) The desired duration of the development agreement, not to exceed
five (5) years.
(4) The development uses desired to be permitted on the land, including j..
population densities and building intensities and heights.
(5) A description of all existing and proposed public facilities that
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(6) Identification of zoning district changes, land development code
amendments and comprehensive plan amendments that will be required if the
proposed development proposal were to be approved,
(7) The zoning and land use categories of all adjoining properties.
(8) The complete names and addresses of all owners of properties abutting
or lying within 200 feet of the subject property as currently listed in the
Pinellas County records as of one ('1) week prior to the agreement request.
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(9) A certified property boundary survey prepared by a registered Florida
surveyor not more than twelve (12) months prior to the agreement request,
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(10) All environmental) sensitive lands Department of Environmental
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Regulation Jurisdictional wetlands and lands subject to the jurisdiction and
regulations of the Southwest Florida Water Management District shall be shown
on a survey of the property.
(11) All existing and proposed utilities and services, including water,
sewer, gas, electricity, and cable television, and the manner in which existing
utilities and services will be extended to the property or expanded for the use
of the development.
(12) A master drainage plan for the development indicating thereon the
existing drainage features and land topography, along with and superimposed
thereon the proposed drainage features indicating clearly the means by which the
property as-developed will collect, regulate and conduct the drainage runoff
from the property and lands tributary thereto,
i (13) The location, type, size and height of fencing, berms, retaining
walls or screen planting to buffer adjoining properties and as is otherwise
required by City regulations.
(14) A grading plan including therewith the elevation requirements of the
National Flood Insurance Program as applicable to the City,
(15) A landscape plan and existing tree survey.
(16) Any deed restrictions existing or to be imposed upon the property.
(17) A list of all federal, state and local permit requirements.
(18) private or public parklands and open space required or proposed for
parkland and open space impact fee purposes.
(19) The timetable by which the development and each phase thereof shall
be commenced and completed.
(20) Any further information that the City Manager may require because
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of the particular nature or location of the development.
Sec. 137.044. No Vesting of Rights. The submission of an application for
a development agreement, the City Commission's willingness to pursue discussions,
the submission of a development proposal, the resultant negotiations regarding
a development agreement, the payment of any application fees for the submission
of any applications, expenses for engineering plans and surveys, and any other
expenditures or efforts in prosecution of the development agreement provided for
herein by a property owner shall not vest any rights whatsoever in any zoning
or land use designation in such property owner nor shall it in any manner
whatsoever limit the City Commission from undertaking any zoning or comprehensive
plan amendments that it would be otherwise legally entitled to undertake.
Sec. 137.045. Review of Development Proposal; Negotiations; Report to City
Commission; Limitation on Resubmittals. The City Manager shall review the
development proposal and shall meet and negotiate with the property owner
regarding the appropriate development of the property and the terms and
conditions upon which the property should be developed as the City Manager shall
deem to be appropriate and necessary for the protection of the public interest.
At such time as the property owner and the City Manager have reached tentative
agreement as to the terms and conditions of a development agreement or the City
Manager deems that no further negotiations would be useful because of the
unlikely possibility of reaching concurrence on the terms and conditions of a
development agreement, the City Manager shall report the status of such
negotiations to the City Commission. A tentative agreement shall not give rise
to any development rights or equitably or legally vest any development rights
in the property owner.
(1) In the event that the City Manager and the property owner have
negotiated the terms of a mutually acceptable development agreement, the
essential terms of that development agreement shall be presented in outline or
summary form to the City Commission. The City Commission shall review the
agreement and, if it determines to proceed further with completion of the
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development agreement by a vote of not less than three members of the City
Commission, shall direct the City Attorney to reduce the terms to contractual
form for further consideration by the City Commission. This direction shall in
no manner whatsoever obligate the City Commission to ultimately approve a
development agreement or to approve any of the specific terms or conditions as
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of the particular nature or location of the development.
Sec. 137.044. No Vesting of Rights. The submission of an application for
a development agreement, the City Commission's willingness to pursue discussions,
the submission of a development proposal, the resultant negotiations regarding
a development agreement, the payment of any application fees for the submission
of any applications, expenses for engineering plans and surveys, and any other
expenditures or efforts in prosecution of the development agreement provided for
herein by a property owner shall not vest any rights whatsoever in any zoning
or land use designation in such property owner nor shall it in any manner
whatsoever limit the City Commission from undertaking any zoning or comprehensive
plan amendments that it would be otherwise legally entitled to undertake.
Sec. 137.045. Review of Development Proposal; Negotiations; Report to City
Commission; Limitation on Resubmittals. The City Manager shall review the
development proposal and shall meet and negotiate with the property owner
regarding the appropriate development of the property and the terms and
conditions upon which the property should be developed as the City Manager shall
deem to be appropriate and necessary for the protection of the public interest.
At such time as the property owner and the City Manager have reached tentative
agreement as to the terms and conditions of a development agreement or the City
Manager deems that no further negotiations would be useful because of the
unlikely possibility of reaching concurrence on the terms and conditions of a
development agreement, the City Manager shall report the status of such
negotiations to the City Commission. A tentative agreement shall not give rise
to any development rights or equitably or legally vest any development rights
in the property owner.
(1) In the event that the City Manager and the property owner have
negotiated the terms of a mutually acceptable development agreement, the
essential terms of that development agreement shall be presented in outline or
summary form to the City Commission. The City Commission shall review the
agreement and, if it determines to proceed further with completion of the
development agreement by a vote of not less than three members of the City
Commission, shall direct the City Attorney to reduce the terms to contractual
form for further consideration by the City Commission. This direction shall in
no manner whatsoever obligate the City Commission to ultimately approve a
I development agreement or to approve any of the specific terms or conditions as
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presented to it.
(2) In the event that the City Manager and the property owner have not
negotiated a mutually satisfactory development agreement, the City Manager shall
so notify the City Commission and the development agreement negotiations as to
the particular property shall be concluded, unless the City Commission shall
direct that negotiations shall continue.
(3) A development agreement application relating to the same property
may be submitted no sooner than one hundred eighty (180) calendar days-from the
date of the City Manager's notification to the City Commission that previous
development agreement negotiations were concluded for failure to reach a mutually
satisfactory agreement or the City Commission has concluded consideration of the
development agreement, whichever occurs later.
Sec. 137.046. Adoption Procedures; Notices and Hearings. At such time
as the City Attorney has reduced the terms of a proposed development agreement
to written contractual form, the City Manager shall transmit such development
agreement to the City Commission with a written recommendation regarding adoption
of the development agreement. The City Commission shall then conduct not less
than two (2) public hearings on the question of entering into the development
agreement.
(1) Prior to the first public hearing, a proposed development agreement
shall have been reviewed by the Planning and Zoning Board and its recommendation
shall have been provided to the City Commission. In the event that the Planning
and Zoning Board has failed to provide a recommendation to the City Commission
within forty-five (45) days from the date that a development agreement has been
submitted to it for review, the requirement for review and recommendation by the
Planning and Zoning Board may be waived by the City Commission.
(2) A public notice of each public hearing before the City Commission
shall be advertised in a newspaper of general circulation in Pinellas County,
and each notice shall be published approximately seven (7) days before each
public hearing. A notice of intent to consider the development agreement shall
also be mailed to the owners of all properties located within 200 feet of the
subject property not less than seven (7) days prior to the first public hearing.
For that purpose, the applicant for the development agreement shall furnish an
updated listing of the complete names and addresses of the affected owners not
earlier than twenty (20) days and not later than fifteen (15) days prior to the
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first hearing. The date, time and place at which the second public hearing will
be held shall be announced at the first public hearing. The notices shall
specify the date, time and place of the public hearings, the location of the
property subject to the development agreement, the name of the applicant for the
development agreement, the development uses proposed on the property, the
proposed population densities and the proposed building heights, and shall
specify where a copy of the proposed agreement can be obtained.
(3) At each public hearing, the City Commission shall accept any public
comment on the terms of the development agreement. At the conclusion of the
second public hearing, the City Commission may approve the form and authorize
the execution of the development agreement.
Sec. 137.047. Development Agreement; Minimum "Germs and Conditions. Any
development agreement approved under the provisions of this ordinance shall
contain not less than the following:
(1) The legal description of the property subject to the agreement and
the identification of all persons having legal or equitable ownership therein.
(2) The duration of the development agreement. The duration shall
initially not exceed five (5) years and may be extended for one additional term
not to exceed three (3) years by mutual consent of the city commission and the
developer, subject to the same public hearing process necessary for the initial
approval of the development agreement.
(3) The development uses permitted, on the land including population
densities, building intensities and building heights.
(4) A conceptual site plan containing such information as may be required
by the City Manager to properly consider the development proposal. The
conceptual site plan shall not be deemed a substitute for any plat or site plan
required by the land development code. In the event that a plat or site plan
is required by the land development code, all of the requirements of the plat
or site plan process shall be met prior to the issuance of a development order,
(5) A description of the public facilities that will serve the
development, including a designation of the entity or agency that shall provide
such facilities. Additionally, if new or.expanded facilities are necessary to
serve the development, the date by which such new or expanded facilities will
be constructed and a schedule to assure that public facilities shall be available
concurrent with the impacts of the development shall be provided. The
6
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R i'+ ^5'?r??i: c4 ,?r??`?',4:?Si3'xl*C??r??>rS^iR??',??,`F?:w'? •l?f ER:' '??i?'a•'.-?: ??.kF.,?}'?!!:'"",t'iii
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development agreement may provide for a letter of credit to be deposited with
the City to secure the construction of any new or expanded facilities that are
required to be constructed. Alternatively, such construction may be a condition
:
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precedent to the issuance of any building permits or nther development orders.
In the event that the new or expanded public facilities are in place and
operating at the time development permits are requested, no such letter of credit
Shall be necessary unless such facilities are not adequate for the project.
(6) A description of any dedication of land for public purposes. The
development agreement shall provide specifically how the parkland and open space
ordinance obligation for the project, if any, is to be met. In the event that
l
land is to be conveyed to the City in discharge of the obligation, the
development agreement shall provide that such conveyance will be by warranty deed
and will be accompanied by a title insurance policy (at the expense of the
property owner) in an amount not less than the fair market value of the land.
(7) A description of all local development permits approved or required
to be approved for the development of the property, including but not limited
to the following: Zoning district changes, zoning district regulation
amendments, comprehensive plan amendments, submissions to the Pinellas Planning
Council or to the Department of Community Affairs, permissions of the State of
Florida Department of Environmental Regulation, the Southwest Florida Water
Management District, the U. S. Corps of Army Engineers, the U. S. Environmental
Protection Agency and any other governmental permissions that are required for
i the project. The development agreement shall specifically provide that said
4
development permissions will be obtained at the sole cost of the property owner
and that, in the event that any development permissions are not received, that
no further development of the property shall be allowed until such time as the
City Commission has reviewed the matter and determined whether nor not to
terminate the development agreement or to modify it in a manner consistent with
the public interest. Under these conditions, action in reliance on the
development agreement or expenditures in pursuance of its terms or any rights
accruing to the property owner thereunder shall not vest any development rights
in the property owner, nor shall it constitute partial performance entitling the
property owner to a continuation of the development agreement. .
(8) A specific finding in the development agreement that the development
is consistent with the City's comprehensive plan and land development regulations
7
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iY??4 ?P?;S ,y?4;.,t°n"•.Yr??t.'.;?« .?` ?''•?s. Y`.1? ?`" e 9' ?. 'YLh•4,<i:?qS`. '?+yf'
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or that, if amendments are necessary to the comprehensive plan or the land
development regulations in order to permit the development of the property in
accordance with the development agreement, the development agreement is
contingent upon those amendments being made and approved by the appropriate
governmental agencies.
(9) Any terms, conditions, restrictions or other requirements determined
by the City Commission to be reasonably necessary for the public health, safety
or welfare of its citizens. Such terms, conditions, restrictions or other
requirements may be more onerous or demanding than those otherwise required by
the land development standards then existing in the City and may provide for
offsite improvements, screening, buffering, setbacks, building height
restrictions, land coverage restrictions and similar types of matters that would
not otherwise be required of the development under the existing City ordinances
and regulations.
(10) A statement indicating that a failure of the development agreement
to address a particular permit, condition, term or restriction shall not relieve
the property owner of the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions and that any matter
or thing required to be done under existing ordinances of the City shall not be
otherwise amended, modified or waived unless such modification, amendment or
waiver is expressly provided for in the development agreement with specific
reference to the code provision so waived, modified or amended.
(11) At the City Commission's discretion, a provision that the entire
development or any phase thereof shall be commenced or completed within any
specific periods of time, which may be subject to penalties in the nature of
monetary penalties, the denial of future building permits, the termination of
the development agreement, or the withholding of certificates of occupancy for
the failure of the property owner to comply with any such requirement.
(12) A statement that subsequently adopted ordinances and policies of
general application in the City, including but not limited to impact fees, shall
be applicable to the property and that such modifications are specifically
anticipated in the development agreement.
(13) A statement that, upon the termination of the development agreement,
all then-existing codes shall be applicable to the property regardless of the
terms of the development agreement,
8
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?F?' „a:ttq?J.,R`3 ?` :`p'`FF''??YYr ? ?F'' t t rit` ??}?}?n4?dy°S'?Ry?'?, +" i ?,l??s;s'?°.: ?'S' ? •i.. ':+ .1j?«satt+^ j,A?J ?,>?••"
-!'?.P wiyc;k?i??+s"5`i?tiv ,?q,?, 'tJi??Sp?„'E; ???.? ??,?:a??,t}???'«.?"" `=t. ?' :?; '?.,???,, '??' ?. ?`„ "r' • M? ??.':'i`;x
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?' ?;Y>•?::°5.°'=ti .';'.?,,'?'``. IS a .k,?, x_. t7's','!"??. ?S y,. .?., ??t. ?,s•;... ,-g ;H;?l":*'h^k•:. t..;=»r`,bY- ??'S'.? ?.•"'?} .5.':1?;'?w r?` 2 '?:. '?.
m?:,s, 'a .s ;4?.'g?.?"'s%sfi'-.?<l,=, t`<• ? u+'?>, ,p?. . ¢.!'l` .e, r:rt„a:f .t:.}' ? :. r. ' {?'';P-F4j' ? i 'r1? N?. i 9 ,?'° W?. ??:: Y:S.t- ', • {! r.. {? ?Af? ,+1;.? 'j.x i
. , ?, s^ n,y?..Y S,f ,J"?r-..' ,. s']?r. :.i^? ta, 4?•ty .?-?1_ ? ?..; w.;• r?•.?, V;' ^',i:: ?e 'h= 'ri°?' '?ayj?flry'`r '.?
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Ott ER?iita ?V.AV.?of?. S: ?ai;n.. .. •:td,u'. `:..: ..y=st:t'A.•l?,t'-.r-?.it '??t?.1i.i •[?,:.'.•i L.Yii-., :r..t;: ? z,a?.•ci;:... ?? +'.?'?'. ?',;•; :..>"i: ? ;f? {,?• b ? ?'
f?. c.,,r.. >•ws:.t:'a.'s,? '4'...? .3?' i?t,•....,.;. r,?:>t?eM'i:,:'?h,?,c:T71;,Y ?'y ?,
(14) A reference to Sections 163.3220 through 163.3243, Florida Statutes
(1989), or successor provisions thereto, and to Article VII of Chapter 137,
?•a Clearwater Code of ordinances, as the specific authority for the development
'F,• agreement, incorporating the terms thereof into the agreement by reference.
Sec. 137.048. Application of Ordinances and Regulations. The ordinances
i i..
and regulations of the City governing the development of the property at the time
z* of the execution of any development agreement provided for hereunder shall
continue to govern the development of the property for the duration of the
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development agreement.
(1) The City may apply ordinances and policies adopted subsequent to the
execution of a development agreement to property which is subject to the
development agreement during the term thereof if the City Commission has held
a public hearing and has determined that such new ordinances and policies are:
(a) Not in conflict with the laws and policies governing the development
agreement and do not prevent development of the land uses, intensities or
densities as allowed under the terms of the development agreement;
(b) Essential to the public health, safety and welfare;
(c) Expressly applicable to a development that is subject to a
development agreement;
(d) Specifically anticipated and provided for in the development
agreement; and
(e) Adopted subsequent to substantial changes which have occurred in
pertinent conditions existing at the time of the approval of the development
agreement or subsequent to a determination that the development agreement is
based on substantially inaccurate information supplied by the developer.
(2) This section shall not abrogate any rights that may vest pursuant
to common law.
Sec. 137.049. Execution; Effect. All development agreements shall be
executed by all persons having legal or equitable title in the subject property,
including the fee simple owner, all tenants, and all, mortgagees. A development
agreement shall be deemed to be a legislative act of the City in the furtherance
of its powers to zone and regulate development within its boundaries and, as
such, shall be superior to the rights of existing mortgagees, lien holders or
other persons having a legal or equitable interest in the subject property, and
the development agreement and the obligations and responsibilities arising
9
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s+:4.:??w ?'?3^??w ?'?`?;vs` ?:`.fFi•r?,?5._ ta. I>'.,,rL :{'i +}, f, ;?. .ti3t „{ ??y??.qH ?; 4t t>e ,.•? x; "???,.t?'•''•4; Y'??,yi??;?'?rf?>?`4?:
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thereunder on the property owner shall, be superior to the rights of said
mortgagees or lien holders and shall not be subject to foreclosure under the
terms of mortgages or liens entered into or recorded prior to the execution and
recordation of the development agreement.
Sec. 137.050. Recording; Successors Bound. Not later than fourteen days
after the execution of a development agreement, the City shall record the
agreement in the public records of Pinellas County, and a copy of the recorded
development agreement shall be submitted to the Florida Department of Community
Affairs within fourteen (14) days after the agreement is recorded. The burdens
of the development agreement shall be binding upon, and the benefits of the
agreement shall inure to, all successors in interest to the parties to the
agreement.
Sec. 137.051. Amendment or Cancellation. Amendment or cancellation of
a development agreement by mutual consent of the parties or of their successors
in interest may be accomplished following the notice requirements for initial
adoption of the development agreement as set forth above.
Sec. 137.052. Modification or Revocation to Comply with State or Federal
law. In the event that any state or federal law is enacted after the execution
of a development agreement which is applicable to and precludes compliance with
the terms of a development agreement, such agreement shall be modified or revoked
as necessary to comply with the relevant state or federal laws, such modification
or revocation to take place only after notice in the manner provided for the
adoption-of a development agreement.
Sec. 137.053. Periodic Review of Development Agreements. The City Manager
shall review all properties within the City subject to development agreements
at least once every twelve (12) months to determine if there has been
demonstrated good faith compliance with the terms of the development agreement.
The City Manager shall report his findings to the City Commission. A development
agreement may be revoked or modified by the City Commission upon thirty (30) days
notice to the property owner, as shown on the records of the Property Appraiser
for Pinellas County, in the event that the City Commission finds, on the basis
of substantial competent evidence, that there has been a failure to comply with
the terms of the development agreement. Such termination or amendment shall be
accomplished only after a public hearing and notice as is herein required for
the adoption of a development agreement.
10
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'a(4:! ^Ll.:'7.'.1.„+4'di=...'s.':i:<s'ks.. t .re ??e',,,.,:F, ? ?,.__n.... ? ?,. .. t. 6?F,•" ?e??:.,?:ar?'•/? a,;?? ±5?;?• ;t?.4 a 'r.i,a..`h?a? 'S?i:T..•, F`,T 4
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Sec. 137.054. Enforcement. A development agreement may be enforced as
described in Section 163.3243, Florida Statutes (1489), as may be amended from
time to time.
Section This ordinance shall take effect on May 31, 1990.
PASSED ON FIRST READING May 3, 1990
PASSED ON SECOND AND FINAL.
READING AND ADOPTED AS AMENDED May 17, 1990
Rita Garvey
Mayor-Commissioner
nthi Approved as to form
and correctness:
M. A. Galbraith,/Jr.
City Attorney {
11
Attest: c
Cy a E. Gou eau
Ci Clerk