STIPULATED SETTLEMENT AGREEMENT
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STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
IN RE; ORDINANCE NO. 4170-89 ·
or THE CIn OF CLEARWATER, FLORIDA ·
REMDElUNC A DEVELOPMENT ORl)Etl I<
PORStJAm' 'l'O CBAP'1'E1l 380, FLA. STAT. *
ON AN APPLICATION FOR DEVELOPKENT *
APPROVAL FILED BY THE GRAND ·
COULOIR CORPORATION FOR THE *
SHERATON SAND KEY RESORT, A ·
DEVELOPMENT OF REGIONAL IMPACT. *
*
CASE NO. 89-13
S'rIPOLA'l'ED SEftLDIDft' AGREEMENT
Petitioner, State of Florida, Department of Community Affairs
(DCA), Respondent. owner/developer Grand Couloir Corporation
(Developer) and The City of Clea:water, Florida (hereinafter
collectively referred to as the -Parties") hereby stipulate and
otherwise airee to full, complete, and final .ettlement and
disposition of all claims and issues raised, or rising from
claims and issues raised 1n the above-styled appeal as follows:
. -WHEREAS, on .1anuary 19, 1989, the City Commission of the City
of Clearwater adopted Ordinance No. 4770-89 (the "Oevelopme~t
Order-), issuing a Development Order approving with conditions
the expansion of the Sheraton Sand Key Resort ("Development"), is
Development of Regional Impact (-DRI")J and
WHEREAS, on March 16. 1989, DCA filed an adminis~rative
appeal of the City of Clearwater Development Order pursuant to
Section 3BO.07, Florida Statutes: and
WHEREAS. DCA' $ appeal was based on its claims that the DRI
Development Order did not provide a sufficient hurricane
evacuaticr. plan or provide a method to mitiqate the Development's
impacts on public lihelter spaces pursuant to Rule 9.1-2.0256.
Florida Administrative Code (F.A.C.), did no~ contain the name of
an authorized agent of Developer, and did not provide a land use
table in the ORI Development Order pursuant to Rule 9.1-2.025,
F.A.C.: and
WHEREAS. the parties, ar'e' desirous of resolving the admin-
istrative appeal in an .Xped~tious fashi~n; and
~EAS, the DCA is authori2ed to enter into agreements with
developers pursuant to Section 380.032, Florida Statutes: and
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WHEREAS, the plan will address hurricane evacuation for the
Development and will be approved by the DCA prior to any vertical
develQpm@ftt pursuant to the Development Order: and
WHEREAS, the Developer airees to demonstrate in writing to
the DCA's satisfaction that it bas provided adequate shelter
space pursuant to Rule 9J-2.0256, F.A.C., prior to commencement
of any vertical development pursuant to the Development Order:
and
WHEREAS. the Developer has provided a land use table for the
DR! pursuant to RUle 9J-2.025(4)(b)5, F.A.C., attached hereto and
incorporated herein by reference as Exhibit "A": and
WHEREAS, the Developer hereby designates Timothy A. .1ohnson,
Jr., Esquire, cf Johnson, Blakely, et al, 911 Chestnut Street,
Clearwater, Florida 34616 as its authori:zed agent in the SUte
of Florida 1n compliance with ~ule 9J-2.025(4)(b), F.A.C.
NOW, THEREFORE, in consideration of the terms and conditions
set forth herein, and the full, complete, ana final set=leme~t of
all claims raised, or arising cut of claims raised in the above-
styled administrative appeal. the Parties stipulate and agr.. as
follows;
1. The Parties agree that the submittal for review and
approval by the DCA of a hurricane evacuation and shelter plan
which meets the requirements of Rule 9J-2.0256, F.A.C. for
hurricane evacuation and addresses how the Develope: will make
provision for public shelter spaces, prior to the comme~ceme~t of
any vertical development on the project site will adequately
address the DCA's concerns and issues rAised in the appeal. Upon
submittal of such plan in writing by the Developer to the DCA.
the DCA shall respond in writing as to the suffiCiency and
adequacy of the plan within twenty (20) days from the date of
receipt.
If additional information is required~ trom the
Developer for the" review 'of such plan' or i.ncorporation into the
plan, the Department shall respond in writin9 as to the adequacy
of such'. addit-ional information within twenty days from the date
of its receipt. --O~ce the DCA has issued its written approval of
t.h*" hurrJ.C6;ne evacuat.lon and ~h~lt~r plon t.o t.he Developer. ~h.
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Developer shall insure ~hat such written evidence of approval is
filed and the plan r@corded with the City of Clearwater and the
'1'ampa Bay Re9ional Planning Council pr ior to commenceme:lt of
vertical development on th@ site.
2. The Parties agree for settlement of this appeal that the
land use table as attached hereto as Exhibit "A" is sufficient
for compliance with the provisions of Rule 93-2.025 F.A.C.
3. The Parties agree for se~tl.ment of this appeal ~hat the
specification in the Agreement of the authorized agent for the
Developer is sufficient for compliar:ce with the provisions of
Rule 9.1-2.025, F.A.C.
4. The Parties further agree and stipulate that this
Agreement or any action necessary to implement this Agreeme:tt by
any official body or governmental entity shall not constitute a
substantial deviation requiring further Development Of Regional
Impaet review pursuant to Subsection 380.06(19),
Flori~a
Statutes.
S. The pardes funhe: agree t.hat this Stipulated Sett:e-
ment Agreemer.t is in sett:erne~t of disputed claims and is entereo
into to avoid the expense and uncertainty of litigation.
6. The PI1:~1es ~\lrthe!' agree that this Stipulated Sett~e-
ment Aqreeme:lt contains the entire and exclusive understandioljl
and agreement among the Parties and may not be modit'ied in any
manner except by an instrument in writing and signed by all the
parties.
7. The si9nator ies hereto represent and warrant that they
have read this Stipulated Settlement Agreement, and that they are
fully authorized in the capacity show~, that they understand the
terms hereof, and that they are ext!cutinq the same voluntarily
and upon their best judgment, solely for the consideration herein
described.
8. The par.ties further a9x:e~' that should it become
necessary to amend the Develop1l1ent Order for the Sheraton Sand
Rey Resort oRI .the amendment Shall contain the conditions of this
agreement.
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9. The part~e5 further agree that the Developer ~ill elect
the form of transportation mitigation prior to securing building
permits for the development.
10. The terms and conditions of this agreement shall inure
to the benefit of and be binding upon the heirs, personal
representatives, successors and assigns of the par~ies hereto.
The Owner/Developer shall record a Notice of this Agreement whieh
complies with Subparagraph 380.06(8)(a)10., Florida Statutes in
the Official Records of Pinellas County, Florida and shall
provide the Departtne:\t with a copy of the recorded Agreement
including book and page number within two (2) weeks of the date
of execution of the Agreement.
11. The dat.e of execution of this Aqreernent Shall be the
date that the last party signs and acknowledges this Agreement.
IN WITNESS WHEREOF, t.he parties by and through their
respective duly author ized undersiCjJned representatives have set
their hands on the date appearing below their respective
signatures.
CITY OF CLEARWATER. FLORIDA
By: ?e :7/ .6?A:,_~
Ron . Rabun
City Manager
to form
Attest:
~f ;j~ c._
Cy t. 1a . G"oudea'J
City Clerk
WITNESSES:
Wr!-6idA
-tt.'tr ~~
By:
anQ Secreta~y
(Corporate
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01-18-01 02:31. Frae-JOIIlSOII,BLAKELY
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Approved as to form .no
legal sufficiency:
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
BY:~_~~lJ
T Oll\& i'e am
Secretary
OF FLORIDA
COUNTY or PINELLAS
BEFORE: ME, personally appeared Rita Gar....ey; Ron H. Rab'.:!"!.
M.A. Galbraith, .1r., and Cynthia E. Goudeau, to me well known.
and knowD to be the individuals described in ana who executea the
foregolnc; inst.tument as Mayor-Commissioner, City Manage:, Ci-:.'j
Attorney, and City Clerk, respectively, of the above-~amed City
and that the seal affixed to the foregoin9 instrument is the City
seal of said City and the said inst:ument is the free act and
deed of said City.
WITNESS my hand and official seal this-~ day of ~~~
19~.
STATE OF FLORIDA
COUNTY or PINELLAS
Noft~. ~
My Commission Expires:
NOTARf PUBLIC. STATI: OF 'LORID~
MY COI,"e;';';,;,.. 1~:-,i1i:S; JUNE i. '''II
.00000D~' T..801 IIM.6IT _1ol1l..'C- .....De...,~~...
The fore9oin9 instrument is hereby ac:knowledqed before !lie
this ~ day of ~ , 1989, by Kevin Baker, as Vice
Presi~and Secretary of GRAND COULOIR CORPORA!ION, a Florida
corporatio~. on ~ehalf of said corpora~ion.
WITNESS my hand and officiAl seal this ~ day of l"r14A.e..h) ,
1911..
~pu~ic .jj~
My co~~ission Expires:
II..,....., "y~.lIc. ~ at FlofldCI
J.'. Co.".,....,..,. EPtrtl 9/'.1/\989
~~..," .... _..." TYcy.r. . .. IDe.
Certiflx; "S ~:::.';
and cor:-ec: :':";~~J'
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07-18-01 02:3111I FrtrJOIIlSON,BLAIlELY
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T-I88 P07101 F-8DI
STATE OF FLORIDA
COUNTY OF~
The foregoin9 instrument is hereby acknowledged before me
this ~ clay of a~ , 1989, by Thomas Pelham, as
Secretary of THE ST~E Of FLORIDA DEPARTMENT OF COMMOSITY
AFFAIRS, on behalf of said governing body.
WITNESS my hand and official seal this 6~day of ~~
19fi. 7
tfiv.,)
E~pires:
911/SMS/19468CBAl
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LAND USE ~ABLE
In accordance with Rule 9J-2.02S(4)(b)5, Florida
Administrative Code, the owner/dev@loper GRAND COULOIR
CORPO~TION, presents the fOllowing information regarding the
expansion of the Sand Key Resort (the "Development"). a
development of regional impact, ("ORI").
The Development contemplates the construction of a 428 suite
hotel tower, along with ameniti.. including restaurants, retail
space, meeting spaces and a convention hall. A 5econd tower is
also planned, ~hich shall be comprised of either 322 hotel !~ites
or 267 condominium units.
A prel:.:ninary master site plan for the Dev'elopme!l.t
("preliminary plan") is attached hereto and shows the approximate
location of the 2ajor structur@s and amenities. The preliminary
plan was attached as an exhibit to the Development Order
authori~ing the ~velopment. The preliminary plan also shows ~he
location of the existing Sheraton Sand Key Reson: which is not.
part of this ~RI.
~he Development shall include the following:
Struct:lres
ll!!
approx. 3.86 acres
1st Tower. , garage area,
incident!al frangible beach
huts ar.d snack bars
Impervious Surface
Terraces, Pool Deck an4 Pool
Pave~e~~ and Parking (a~ grade)*.
approx. 1.15 acres
approx. 1.62 acres
pe:vious Surface
Beach area, improved dune system,
landscaped area, lawn, detention
areas and fire ~ane, bermed areas
approx. 6.03 acres
12.66 acres
TOTAL ACREAGE
* First tower, includinq all amenltleS (i.e. air condition
space) is planned to contain approximately 448,000 square feet.
H The second tower is planned ~o be constructed south of the
first tower. Although site plans have not yet been completed,
the second tower shall contain either 322 hotel units or 267
condominium units. The second tower should contain approximately
300,000 square teet an4 occupy approximately 1/2 acres in the
area previOUSly designated as pavement or parking_
EXHIBIT "AM
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