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AGREEMENT - DREW AND U.S. 19 NORTH .. -. I I AGREEMENT THIS AGREEMENT made this :2-7 :zl(day of November, A. D. 1973, by and between the undersigned, the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and W. R. THIGPEN, hereinafter referred to as "Developer'!; WITNESSETH: WHEREAS, Developer has applied to the City for is suance of a building permit for four hundred and fifty-six (456) apartment units to be located upon property zoned by the City appropriately for such purpose, said property being described as follows: Begin at the Southwest corner of Section 8, Township 29 South, Range 16 East and run thence S 89056'22" E, along the South line of said Section 8, 100. 00 feet to a point on the East right-of-way line of U. S. Highway 19; thence N 00054'411' E, along said East right-of-way line 50.01 feet to a point on the North right-of-way line of Drew Street; thence S 89056'22" E, along said North right-of-way line, 600.00 feet for a P. O. B.; thence N 00054'41" E, 1, 297. 64 feet; thence S 89044' 11" E, 651. 31 feet; thence S 01010'48" W, 1,295.44 feet to a point on the North right- of-way line of Drew Street; thence N 89056' 22" W, along said North right-of-way line, 645.27 feet to the P. O. B. Containing 19.29 acres more or less. ALSO Begin at the Southwest corner of Section 8, Township 29 South, Range 16 East and run thence S 89056'22" E, along the South line of said Section 8, 100.00 feet to a point on the East right-of-way line of U. S. Highway 19; thence N 00054'41" E, along said East right-of-way line 50.01 feet to a point on the North right-of-way line of Drew Street; thence S 89056' 22" E, along said North right-of-way line, 580. 00 feet; thence N 000 54'41" E, 1,297.71 feet; thence S 89044'11" E, 20.00 feet; thence S 00054'41" W, 1,297.64 feet to a point on the North right-of-way line of Drew Street; thence N 89056'22" W, along said North right-of-way line 20.00 feet to the P. O. B. Containing. 60 acres more or less. WHEREAS, there exists in the City of Clearwater a moratorium on building permits principally due to the lack of capacity and inability to serve dwelling units on account of a scarcity of sewer plant capacity and the City ~. I I willing and able to build; and WHEREAS, the Developer due to a hardship resulting from the nature of his financial commitments with his lender has need for the issuance of the actual building permits but has stated that even though the buildings were completed, he would take certificates of occupancy on a limited basis from time to time as determined by the proper City officials and/ or agencies, and that the Developer has and does represent that he will in no way hold the City liable for any damages that may accrue to him either financially or otherwise, resulting from the fact that he has completed buildings for which certificates of occupancy cannot be issued due to scarcity of sewer plant capacity; and WHEREAS, the City, in approving such zoning, has determined thatihe general policy considerations precedent to the issuance of building permits have been met by the Developer, including determinations as to adequacy of trans- portation facilities, impact on public works and facilities and the environment; and WHEREAS, the City Commission, having made such determinations, and in now considering the application for building permit, remains, from a general policy standpoint, concerned only with the impact on sewer facilities and with its ability to provide sewer services to the dwelling units to be erected pursuant to said permit; and WHEREAS, the City has agreed to expeditiously issue said building permit, in consideration of the covenants by the Developer herein contained, in order to permit the Developer to meet urgent commitments for the project to be constructed thereon pursuant to said building permit; and WHEREAS, the Developer, in consideration of the problems faced by the City in allocating its present limited sewer capacity to various proposed new construction projects, has proposed to limit its initial demands upon the existing City sewer system in accordance with the covenants herein contained; . " I I Department that the applicant has satisfied the requirements of the City Building Code and upon receipt of the requisite fees. The City Commission, in taking its action at the meeting of November 19, 1973, authorizing the execution of this Agreement, has recognized the necessity for this matter to be moved expeditiously and has taken this action after being well advised as to the particulars of this project. Accordingly, City agrees that its building officials shall forth- with act to implement the intent of this Agreement. 2. City further agrees that, at such time as Developer shall comply with applicable provisions of law and City Ordinances entitling him to same, it shall cause to be issued Certificates of Occupancy upon sixty (60) of the aforesaid permitted units, and Developer, in consideration of the foregoing agreements and recitals, covenants and agrees to make no further requests for Certificates of Occupancy for any units in excess of such number until such time as seventy- five per cent (75%), or forty-five (45) of the said original sixty (60) units have been leased and occupied by bona fide tenants. Filing with the City of executed written leases upon said units and of written evidence that an electric utility acc ount has been established for each individual occupant shall be deemed evidence of satisfaction of this requirement. 3. Developer shall apply for further Certificates of Occupancy, subject to the foregoing provisions, to the Building Permit Review Committee or to the appropriate City official then having jurisdiction of is suance of Certificates of Occupancy, without the necessity of applying for further permission from the City Commis sion. It is contemplated that the sole basis for the decision of said Review Board upon the matter of issuance of additional Certificates of Occupancy shall be an equitable apportionment of sewer connections among applicants ready, willing and able to utilize same in accordance with the then Cn1'1'PT1t onobl. :::l,llocatioT1!,; availablp. for the nublic Q'enerallv. I I Certificates of Occupancy will only be granted as provided in Paragraphs 2 and 3 supra. The Developer further indemnifies the City against any causes of action brought by any other party and should a law suit be brought against the City by anyone else claiming an interest therein, then the Developer shall defend the same and pay all damages and/or costs incurred therein in the defense of the said suit. 5. The Developer shall be subject to a One Thousand Dollar ($1,000.00) per day penalty to be forfeited to City for any unit which he shall permit to be used and occupied without the issuance of the appropriate Certificate of Occupancy as provided for herein. Use and occupancy shall be deemed to be evidenced if the sewer line from any such unit shall be connected to the City sewer collecting system. 6. This Agreement shall inure to the benefit of and be obligatory upon the heirs, assigns, successors and interests of the respective parties hereto. WITNESS our hands and seals the day and year first above written. CITY OF CLEARWA TER, FLORIDA Approved as to rm and CO,rr~ -/7/ ~ / City Attorn y By .. (SEAL) l, ../l " (1'// (.It;, ,," Cj j:, f... I .. ~ <:r It I I STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREB Y CERTIFY, that on this 1973, before me personally appeared ~ f!-cI.- day of November, A. D. respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a muniCipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto; and the said conveyance is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. 'I\~G~..~ -. Notary Pu lic State of Flof.i-qa ~f'Large My Commission Expires: Notci,y 'ubJjc, Stole of "'o,tcla at ~ My Commi$Sion bpires Sept. 29, 1m 8Qoaed by Ameri'On fire & Cosualty c.. STATE OF FLORIDA COUNTY OF PINELLAS Before me personally appeared, W. R. THIGPEN, to me well known and known to me to be the individual described in and who executed the foregoing Agreement and acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal this ,-2/d day of November, .A.D.1973. -Z;~.vX::) ~k No ry Pubhc My Commis sion Expires: i~']ta7Y PUb/I!, Stilte of Ronda at bl'o.e (crn::,is7,'.;);] Expires Aug. t 1975 t:'(I:"I,J'e~7J ,:y A,l':"'~r;c"'n Fir,eo & CS!~lhy Co.