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CITY AGREEMENT FOR ANNEXATION WITH U.S. HOMES CORPORATION ~"':" ~::'-,:::.-;:: .;- "~'.;,:', ~;',';' "., . ~,. '_ ,'__'C",:"' ~~: ,_-~-,-, ',r.- ,i_:_::"--~-"':--:- :,77'"'~~'-.'_ .!" ''-;-'.'':,~:""c.: ~-""~". ',~.~ . ~ '..... ~~:-.. \ " . , r I CITY AGREEMENT FOR ANNEXATION THIS AGREEMENT entered into this ;l#l~4 day of MAy' , CITY OF CL~ARWATER, a municipal corporation hereinafter , 1972, by and between the referred to as "City", and U. S. HOME CORPORATION or its operating divisions, hereinafter referred to as "Builder". WHEREAS, the Builder is owner and/or optionee of certain large tracts of vacant acreage which have been obtained for immediqte development, said 'lcreage being located adjacent to the existing municipal boundaries of City and located in and around the intersection of S.R. 580 and U.S. 19 as shown on the attached master plan and/or map; WHEREAS, the City desires to provide for the orderly growth and develop- ment of this area to provide the proper municipal sanitary and utility services to these communities to be developed, and to receive all normal tax revenues to \. be derived therefrom; WHEREAS, Builder and City have employed professional land planning and engineering experts, whose designs have provided a variety of business and housing types requiring a coordinated relationship between the location of the arterial and collector road network and the golf course fairway locations; NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth and the mutual benefits and obligations running between the parties hereto as hereinafter set forth and for one dollar to each in hand paid and for other good and valuable considerations, the receipt of which is hereby acknowledged, the parties hereto enter into the following agreement: BUILDER AGE~S: 1. Builder recognizes City obtains income from fees, permits and ad valorem taxes. Therefore, Builder agrees to apply for annexation of the entire property to the City of Clearwater covered under the master plan immediately upon execution of this annexation agreement. Builder agrees that said master plan shall be reviewed and approved by the City Commission and made a part of this agreement by reference. This master plan provides for a maximum dwelling unit count of 9,751 on a total of 1,407 acres or a density of less than 7 - 1 - ~,". I: ", " I. I .I ! / I'. _ " ' ,I , ' . c I dwelling units per gross acre and/or less than 10 dwelling units per net acre and will make available for public and/or private recreation use and open space a land area equal to at least 20% of the total land area of the master plan (land owned by Builder and Florida Power right-of-way). In addition, Builder ~grees to apply for annexation that~7 acres, more or less, owned by U. S. Home of Greenbriar, Inc., located mostly West of U.S. 19 approximately one mile south of S. R. 580 with zoning CP of approximately 17 acres at north parcel and approximately 20 acres PS at south parcel, both of which are subject to public hearing. 2. To connect all buildings in this community to the City sewer lines which are to be extended by City to the boundary of the community at a point on the south side of S. R. 580 at a terminal manhole, whose invert shall be at least 10 ft. below grade level, approximately 1,300 lineal feet east of the Florida Power Corporation right-of-way, which is located next to the Forestry Service fire tower. Said sewer lines shall provide a second terminal manhole along its length, to be located at the southeast corner of the City's 320 acres on the north side of S. R. 580 and whose invert shall be at least 10 ft. below grade level at that point. 3. To comply with the City's tree ordinance on the entire tract. 4. To connect its community only to the City water mains which are to be provided by City on the dedicated right-of-way of the main boule- va I'd through Builder's community south of S. R. 580 in a twenty inch size and/or to the City's sixteen inch water main to be provided by City along either side of S. R. 580 adjoining Builder's community located north of S. R. 580 and east of U.S. 19, with extension to property line on north side of S. R. 580 if line is installed on south side of S. R. 580. The cost of installation of the City mains to be paid for by the City. 5. To donate water well sites as indicated on City's long-range utility report or at other locations on Builder's land, south of S. R. 580, totaling not more than 15 sites. Additional water well sites will be donated from the area of the golf course from Builder's land - 2 - ...,.... I ! T \ I ,l,f located north of S.R. 580 providing said wells are located more than 50 feet from any residential building sites. Builder will not object to wells being drilled on Florida Power's land adjoining Builder's land. Rate of'pumping of all wells shall be subject to regulations imposed by the South West Florida Water Management District. All City well sites shall not exceed 100 squar>e feet in a'ea, and shall be evidenced by Builder giving a permanent easement to the City for this purpose as needed. It is understood and agreed that Builder has the right to reserve a well site or sites unto itself for each golf course. In order to provide the City with a volume of utility customers for its utility lines, as extended, Builder agrees to begin site develop- ment within thirty (30) days after execution of this agreement and construction of models and inventory product within one hundred twenty (120) days of said date. To install and pay for all water distribution and gravity sewer collection systems inside the community boundaries, other than the City's primary lines required to serve well sites and water storage facilities. Builder will donate said systems to the City without charge~ however, Builder will not be required to provide water distribution systems that are required by the City for completion of Feeder Main 'loopsr or water or sewer collection systems needed where City desires to increase the size to serve adjacent undeveloped areas not under the ownership of Builder. The cost differential will be paid by City. 8. To:"pay all regular and authorized City sewer and water tap fees and user rates where applicable. 9. To use gas for water heating, space heating and cooking in all rental apartments, approximately 1,697 units, and to use gas in all other housing product types where Builder determines that customer acceptance of gas is equal to electricity. Builder also agrees to use gas where acceptable for water heating and cooking in all commercial areas. 6. 7. lO. To completely landscape with plants ~ trees and shrubs, and to install a co~pletely automatic, clock-operated sprinkling system, utilizing city-provided water, in all median parkway areas located within dedicated rights-of-way. Builder agrees to consult City Parks Department staff on landscaping materials to be used. Builder agrees to maintain landscaped median parkways for a five-year - 3 - / ! ,', .-,.. perio.! 1 '.. . I., '('g1.nnUl~ "".n tn , I . the d;tte of execution of tlr'1.S contl'.1ct, .'1t whirh tjmr> tnp. City will assume maintenance responsibility. \ 11. Buildt2:1' agr:~es to donate thirty-five (35) acres of land to City as indicated on the master plan, free of charge, for use as recreation or fQr City administrative needs. Builder will provide a deed to each separate tract 'I>lhen City advises Builder it is ready to make improvements thel"eOn and each deed shall contain 11 reverter clause in Iavor 01: Builder in ~he event the City thereafter should fail to utilize any such tract either for recn:::.:ltion or other municipi:11 purposes All plots used for recreation purposes shall be landscaped hy City and the. City agrees to keep and maintain all such recreation areas and the landscaping thereon. If the City does not utilize any of the (Iel for recreation and City administrative needs within a period of six (6) years from date hereof, then this paragraph shall be null, void and of no effect. 12. Builder agrees to dedicate for park purposes five (5) acre~, M.O.L., of land east of Hercules Avenue and south of 'Lakevie'\>l Road extended. 13. Builder agrees to dedicate 40 ft. right-of-way easements along all u.s. 19 ~rontage and to dedicate all arterial and collector rights-of-way shown on the master plan and others as determined through subdivision and platting procedures. Builder agrees to dedicate 40 ft. half right-of-way for C. R. 102 east of U.S. 19 and 40 ft. half right-of-way from C. R. 102 north to S. R. 580 along east property line. Both, however, will be subject to a reverter provision if improvements have not been initiated within ten (10) years. . - 14. Builder agrees to actively support the City's efforts to extend and improve Hercules Avenue north to S. R. 580; to extend Belcher Road to align with Old Coachman Road; to extend and improve O~d Coachman ~ Road to intersect with the main thoroughfare to be constructed by Builder in the Greenb<riar II development; and to reconnect Old Coachman Road to the B,~lcher Road alignment north of Bird Lake and south of the point of tangency with the Greenbriar I subdivision. - 4 - " J I CITY HEREBY AGREES: 1. To serve the abovementioned community when annexed, at the same utility rates as are in effect to other property owners within the City boundaries. After Builder's master plan is approved by the City Commission, 2. the City will approve and issue building permits based on more defined sub-area plans and approved subdivision plats which are substantially in accord with said master plan. - 4A - 'J I .,,", 3. To assist in acquiring and maintaining drainage routes needed beyond the community boundary lines. 4. To install street signs, to be supplied by the City at cost, to be paid by Builder. 5. To maintain constant the site improvement construction criteria in effect at the date of submission of this agreement until project completion, but not to exceed ten (10) years from date. 6. To provide burning permits as needed for each development phase, prior to completion of any living units in that phase in accordance with established procedure. 7. To provide building permits, when requested, for those areas with approved site plans not yet serviced by' water and sewer at time of request. 8. In those areas where Builder agrees to use gas, to install gas distribution system to within one foot of the dwelling unit. 9. To complete construction of its water transmission line and provide water service to Builder on the west side of U.S. 19 not later than September 1, 1972, and on the east side of U.S. 19 not later than Decenilier l, 1972. On all water lines installeG by City on, or adjacent to Builder's community, City will install at its own expense the required fire hydrants and whatever fittings are required and necessary for Builder to tap into said water system in accordance with Item 8, Page 6, above. 10. City agrees to accept Builder's sewage at City's terminal manholes, as previously described in Builder's Item 2, on S.R. 580 not later than December 1, 1972. City further agrees to obtain permits for and to install at its cost the U. S. 19 and S.R. 580 crossings for the sewer main. It shall be the Builder's responsibility to transport sewage waste to the Marshall Street Treatment Plant up to December 1, 1972 at which time the transportation of said sewage shall become the responsibility of the City of Clearwater. The City agrees to construct a terminal manhole connecting with Builder's sewage distributionsystern system by September 1,1972. 11. City agrees to vacate .and to request vacation by County for that portion of County Road 94 which is not utilized for the arterial road 'I ) .. . '... ," '~ system 'and County Road 102 west of U.s. 19, in accordance with the master plan submitted. 12. City agrees to accept for maintenance all landscaped median-parkways located within dedicated street rights-o~-way, after five years from the date of this agreement. 13. City agrees to approve the orderly development of the community, over a ten-year period, according to the master land use plan agreed upon at the time of annexation, a copy of which is attached hereto and made a part of this agreement. This master land use plan has been presented to the City's Planning & Zoning Board. The developer's plan will be subject to review as is normal in platting through application of subdivision procedures and regulations in effect at the time of approval of this agreement, but City shall not require any c~anges in master plan 'layout or number or types of housing units once it has been formally accepted and approved and made a part of this agreement. Builder agrees that he will substantially comply with the land use patterns shown on the ~aster plan and that if a land use ~r part of one is to be changed, such change must first be approved by the City Commission at public hearing under the City's change of zoning procedure. 14. Builder's deeds of park sites shall contain restrictions againstl I construction of above-ground water storage tanks and any other struc- tures other than those for City recreation and/or administrative purposes. Builder agrees, however, that the park shown in the northeast 'corner of the Greenbria~ II master plan shall be exempt from this provision. 15. This agreement and Builder's obligations hereunder are contingent upon the property being annexed by the City of Clearwater and zoned by the City consistent with the uses and densities shown on the master plan. Thereafter, if the City of Clearwater should rezone any part of the property, or change its density requirements, such that either are inconsistent with the master plan and the uses and densities shown thereon, then this agreement shall immediately become null and void and Builder and City will be relieved of any further responsibilities thereunder. -6- ii, ..11'..' ~ .'" .. , !'r;...... ,. ~... .". . . 1 J 16. Builder agrees that upon presentation by City of favorable reports and recommendations approved by all State, Federal and County Health and Pollution Control agencies, the City will conduct a pilot spray irrigation program on City-owned land at the intersection of S.R. 580 and McMullen-Booth Road for a period not to exceed six months of secondary treated effluent (exceeding State and Federal criteria for that level of treatment). If the results of these tests as monitored by State, Federal and County Health agencies are determined favorable by all agencies and the Builder, (such approval will not be unreasonably withheld by Builder) the Builder will permit City to expand the spray irrigation process to Builder's golf course and public and Florida Power rights-of-way, subject to all controls and requirements that may be imposed by State, Federal, County and local health and pollution regulatory bodies. 17. Both City and Builder agree that should either party default in any portion of this agreement, then the aggrieve' party may sue for Specific Performance or any other legal remedy in a court of law to command compliance with the agreement. 18. This contract, the covenants and provisions thereof shall be binding on the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. ---! :~tR~DA ~. HOME. CORPORATI~ . ~i{/;~.fr.~ -: -- ""'- - 7 - 1 ~- 2 4 MAP KEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 :\8 39 40 41 42 43 44 45 46 LAND US:: . Olfice Park Office Park Renlal Apartments Rental Apartments Single Family Single Family City Park & Recreation Center Single Family Single Family Cluster Condominiums Single Family Single Fami:y Championship GoII Course, Single Family Single Family Condominium Apartments Country Club House Condominium Apartments Custom Homes Apartments Rental Apartments Condominium Apartments Single Family Single Family Cluster Condominiums Single Family Condominium Apartments City Park & Recreation Center Single Family Cluster Condominiums Single Family Single Family City Park & Recreation Cenler Condominium Villas Condominium Vil:as Condominium Apartments Co::do:n:ni;Jm Apartmer,ts C"nt'if')minillnl Vill'.:lC:: Condominium Apartments Executive Golf Course Condominium Apartments Office Park Community Shopping Plaza Single Family Motel Sile Regional Shopping Center 41 , 43 46 ~ 45 32 MAP KEY 47 48 49 SO 51 52 53 44 5 G ACRES 4 10 8 13 19 14 25 29 12 1,5 5 15 144 20 27 10 12 40 36 45.5 26 17 50 18 4 15 33 15 25 5 46 66.44 7.27 10.35 8.19 13.83 17.72 1991 14.57 44.15 13.34 25,68 18,01 54.06 12.14 80,63 48 49 7 51 LAND USE Commercial Apartments Apartments , Single Family Family Cluster Village Apartments . City Park & Recreation Centcr ACRES 8.57 20.21 17,15 51,77 , 64.03 11.86 8,06 Land use pattern for the COUNTRYSIDE community Clearwater, Florida ^ NOflTH 31 '1)