DEVELOPMENT AGREEMENT
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AGREEMENT
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THIS AGREEMENT, made and entered into this
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, A.D. 197~, by and between the CITY OF
CLEARWA~ R, FLORIDA, a municipal corporation, hereinafter referred
to as "City," and SEA VIEW PARTNERSHIP, a partnership pursuant to
Florida Statutes 620.56, Uniform Partnership Act, consisting of
GEORGE O. WHITNEY,' LORY LUBOTSKY and VICTOR WEISS, whose
address is P. O. Box 3237, Clearwater, Florida, hereinafter referred
to as "Sea view";
WI T N E SSE T H :
WHEREAS, Seaview owns the following described real property
situate in Clearwater, Pinellas County, Florida, to wit:
Lot 2, Block 9, of the Map of Turner's Subdivision No.3,
according to the map or plat thereof as recorded in Plat
Book 1, page 53, of -the Public Records of Hillsborough
County, Florida, of which Pine1las County was formerly
a part;
and
WHEREAS, Seaview is developing said property and has agreed
to cooperate with the City in the preservation of all trees possible, the
relocation of others and the planting of new trees in order to preserve the
ecology of the area; and
WHEREAS, this Agreement is to be made a part of a tree permit which
Seaview is to receive from the City which is to be issued in accordance with
the ordinances and laws of the City of Clearwater relating to the preservation
of trees; and
WHEREAS, on October 23, 1973 said George O. Whitney, Lory
Lubotskyand Victor Weiss entered into a Partnership Agreement under
Florida Statutes 62 0.56, Uniform Partnership Act, and Paragraph 12 of said
Partnership Agreement provides as follows:
"A. Every partner is an agent of the partnership for the purpose
of its bus iness. The act of every partner, including the execution
in the partnership name of any instrument, for apparently carry-
ing on in the usual way the business of the partnership of which he
is a member, binds the partnership, unless the partner so acting
has in fact no authority to act for the partnership in the particular
matter, and the person with whom he is dealing has knowledge of
the fact that he has no authority.
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"B. An act of a partner that is not apparently for the
carrying on of the business of the partnership in the usual
way does not bind the partnership unless authorized by the
other partners.
"C. Unless authorized by the other partners or unless
they have abandoned the business, one or more, but less
than all, of the partners have no authority to:
(a) Assign the partnership property in trust for
creditors or on the assignee1s promise to pay the
debts of the partnership.
(b) Dispose of the goodwill of the business.
(c) Do any other act that would make it impossible
to carryon the ordinary business of a partnership.
(d) Confess a judgment.
"D. No act of a partner in contravention of a restriction on
authority shall bind the partnership to persons having
knowledge of the restriction; "
and the subject matter of this Agreement has been reviewed with all of the
partners, George O. Whitney, Lory Lubotsky and Victor Weiss, and said
partners have specifically authorized partner George O. Whitney as the
Agent of the partnership to execute this Agreement on behalf of the
partnership, and each partner is to be bound jointly and severally by the
terms and provisions of this Agreement;
NOW, THEREFORE, in consideration of the covenants herein con-
tained and other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Seaview, jointly and severally, covenants and agrees that it
will, in the development of the subject property, do the following:
a. Provide and furnish to the City a total landscape design
plan showing all new plantings, all relocations and all
removals of trees on said property.
b. To obtain and furnish to the City an itemized estimate
to cover all costs involved, including labor, in the
relocation of trees together with appraisals.
c. To determine and estimate size and grade of new tree
replacement plantings and furnish said information to
the City.
d. All landscape design must conform to the requirements
of the City Landscape Ordinance; and no credit will be
given on interior landscape requirements for other than
open area within paved parking area.
e. To itemize separately all sod and irrigation costs.
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f. To prepare and furnis h to the City a detailed tree protection
program and plan, including wells and other protective
devices and suitable provisions for insuring that water and
nutrients are available to feeder roots on all protected
trees.
g. To redesign the Northwest corner of the proposed parking
lot for said property to conform with the present existing
natural grade and vegetation.
h. All tree pruning and surgery practices shall be performed
by a firm or individual licensed by the City of Clearwater with
a final inspection to be made by and subject to approval of
the City's Forestry Division.
1. To strictly adhere to and comply with all requirements
imposed by the City involving protection of existing trees
from construction damage.
J. Will update and furnish to the City a tree location survey to
show proper species identification, removal status and size
corrections for the subject property.
k. Will identify on lands cape plan all grade changes over one foot
and all utility lines.
1. Appraisals will be made in accordance with the International
Shade Tree Conference formula for all protected hardwoods
remaining.
m. To compensate at 1000/0 appraised value by replacing on the
subject property any non-permitted trees which expire as a
result of construction activities on the property.
n. That the developer, owner and contractor shall all be liable
for damages for the breach of this Agreement.
2. Upon compliance by Seaview with the terms and provisions of
Paragraphs 1 a, b, c, e, f, g, j, k and 1 above and the acceptance and approval
thereof by the City, the City agrees to issue a tree permit to Seaview in
accordance with the plan on file with the City of Clearwater Building Depart-
ment, subject to compliance by Seaview of all of the terms and provisions
of this Agreement and all terms and provisions of the City of Clearwater
ordinances.
3. In the event of a default by Seaview or any agent or representative
on its behalf of any of the terms and provisions of this Agreement, and if the
City institutes legal proceedings for the enforcement of this Agreement, then
Seaview, jointly and severally, covenants and agrees to be responsible for
and pay to the City all costs and expenses of said proceedings, including
attorney's fees incurred in connection therewith.
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4. This Agreement shall be binding on the heirs, personal repre-
sentatives, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year last above written.
APprouV~d as to for
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City Attorney
Witnesses:
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As to City
CITY OF- CLEAR WATER, FLORIDA
By
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Attest:
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SEA VIEW PARTNERSHIP,
A Partnership pursuant to
Florida Statutes 620.56,
Uniform Partnership Act,
Consisting of George O. Whitney,
Lory L botsky and Victor Weiss
By
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