DEVELOPMENT AGREEMENT/SOUTH OF ENTERPRISE AND EAST OF PROPOSED LANDMARK DRIVE EXTENSION
lisT # 96-211547
______AU~__9_?,} 9~6 01: 17PM
I PlNELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1140
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this ~ day of }../ /':1 ,1996,
between the CITY OF CLEARWATER, FLORIDA, a municipal-corpofation organized
and existing under the laws of the State of Florida ("City"), P.O. Box 4748, Clearwater,
Florida 34618-4748, and JAMES A. VOGEL and HAZEL E. VOGEL ("Developers"),
..." ~ ~:-V\C!np"f\
;.~(;(.~T~.,~."c~~~.~~,2753 State Road 580, Clearwater, Florida 34621.
f:-:_.- ;::j;aTou RECITALS:
:... .... _. ........= R A. Developers are the fee simple owners of 8.37 acres of land situated within
!': --,.-,__,,_,,_unincorporated Pinellas County and located south of Enterprise Road and east of a
,,------"',- proposed Landmark Drive extension. The entire tract is described as two separate
(:;',1'
----------parcels, as more particularly described in Paragraph 2. herein and in Exhibits "A" and
FT_ ::..:::---- ----"B", attached hereto and incorporated herein by reference ( collectively referred to as "the
LnF =~~==Property"). The parcel to be developed as residential ("Tract B") is described in Exhibit
-;Yr;:, ~. .~W. "A" and the parcel to be developed for office use ("Tract A") is described in Exhibit "B";
T\.. ",L Fand
B. Developers desire to develop both parcels in a scheme more particularly
described in Paragraph 2. herein and depicted on the plan attached hereto as Exhibit "c"
("Conceptual Plan"). The Parties mutually desire to consummate a development
agreement pursuant to the below-referenced authority, such that Developers can develop
their property pursuant to the Conceptual Plan and City can annex both Tract A and Tract
B and further so that City can acquire a portion of Developers' property without direct
cash payment, pursuant to paragraphs 25. and 26. herein, and to provide terms and
conditions governing such actions; and
C. City is empowered pursuant to Florida Statutes Sections 163.3220 through
163.3243, the Florida Local Government Development Agreement Act, and Code of
Ordinances Sections 36.111 through 36.126, to enter into development agreements with
the owners of real property; and
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WHEREFORE, in consideration of the mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
PART I: MUTUALLY BINDING GENERAL PROVISIONS
1. Recitation of Facts and Mutual Commitments. The above recitations are true
and correct and are incorporated herein by this reference.
2. Legal Description and Ownership. The Property to which this Agreement
applies is legally described in Exhibits "A" and "B", which are incorporated herein by
reference. James A. Vogel and Hazel E. Vogel are the owners of the Property, held in
joint tenancy with right of survivorship. ),
PREPARED BY RETURN TO:
Leslie K. Dougall-Sides, Asst. City Attorney CITY CLERK
City of Clearwater POST OFF!CE BOX 4748
P. O. Box 4748
Clearwa ter, FL 34618 Oi . /) CLEARWATER, Fl 34618-474lf (; )
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tINELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1141
3. Captions. Captions used herein are for the convenience of the parties and are
not to be interpreted to have any specific meaning.
4. No Waiver ofIIllPact. Other Fees. This Development Agreement provides for
no waiver of impact fees. Impact fees, capacity fees, connection fees, and any other fees
which are known to be due are described in Paragraph 29. below; fees specifically
anticipated are set forth in Paragraph 14. below. Developers shall be obligated to pay no
more in impact fees than would be required of any other developer for a project of the
same size and intensity under City's ordinances.
5. Authority. This Development Agreement is entered into by City in accordance
with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government
Development Agreement Act, and Code of Ordinances Sections 36.111 through 36.126,
and the terms of said statutory and code sections are incorporated herein by reference.
6. Effective Date of Development A~reement. The effective date of this
Development Agreement is the thirty-fIrst day following the date this Development
Agreement is received by the state land planning agency following execution,
recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239
and Code of Ordinances Section 36.121. In the event of a court challenge to this
Development Agreement by a party or non-party, the parties will reconsider the effect of
this Agreement and Developers shall have no ongoing obligation to defend this
Development Agreement.
7. Duration of Development AlP'eement. The duration of this Development
Agreement shall be five years from the Effective Date hereof. The duration of this
Development Agreement may be extended pursuant to Code of Ordinances Section
36.114 upon the agreement of both Parties and approval by the Clearwater City
Commission following a public hearing in accordance with Florida Statutes Section
163.3225. As long as Developers have dedicated Landmark Drive right-of-way as
provided in paragraph 25. herein, in the event this Development Agreement expires prior
to Developers obtaining site plan approval for the planned improvements, City shall have
no cause of action against Developers and Developers shall be subject to all codes and
ordinances in effect at the time of said expiration.
8. Consistency with Comprehensive Plan and Land Development Re~ations.
This Development Agreement and the development authorized herein is consistent with
City's comprehensive plan and land development regulations.
9. Amendment: Cancellation. This Development Agreement may be amended or
canceled by mutual consent of the Parties or their successors in interest and upon
compliance with the notice requirements for initial adoption of the Development
Agreement as set forth in Code of Ordinances Chapter 36, Article V.
10. Notices. All notices, demands, requests, or replies provided for or permitted
by this Development Agreement shall be in writing and may be delivered by anyone of
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IPlNELLAS COUNTY FLA
_?~~~_RE_~____BK 9422 PG 1142
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the following methods: (a) by personal delivery; (b) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage prepaid, to
the addresses stated below; or (c) by deposit with an overnight express delivery service.
Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective three (3) business days after deposit with the Postal Service.
Notice by overnight express delivery service shall be deemed effective one (1) business
day after deposit with the express delivery service. For purposes of notice, demand,
request or replies, the addresses of the Parties shall be:
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FOR CITY:
FOR DEVELOPERS:
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
With copy to:
Director of Central Permitting
[same address]
James A. Vogel and Hazel E. Vogel
2753 S.R. 580
Clearwater, FL 34621
With copy to:
James Marcus Vernon, Esquire
P.O. Box 6474 (34618)
577 Duncan Avenue South
Clearwater, FL 34616
11. Successors Bound. This Development Agreement shall constitute a covenant
running with the land for the duration hereof, and the burdens of the Development
Agreement shall be binding upon and the benefits of the Development Agreement shall
inure to all heirs, successors in interest, and any assignees of the Parties hereto.
12. Failure of DevelQpment AiP"eement to Address Restrictions. Etc. The failure
of this Development Agreement to address a particular permit, condition, term, or
restriction shall not relieve Developers of the necessity of complying with the law said
permitting requirements, conditions, term, or restriction.
13. Recordation, Etc. Not later than fourteen (14) days after the execution of this
Development Agreement, City shall record same in the public records of Pine lIas County,
and a copy of same shall be submitted to the state land planning agency within fourteen
(14) days after the Development Agreement is recorded. In the event Developers should
request at any time during the term of this Agreement confirmation from City that
Developers are in compliance with this Agreement, City shall provide said confirmation
within ten (10) days of said request, or in the event that Developers are not in compliance
with this Agreement, City shall forward within that ten (10)-day period a specific
enumeration of those items as to which City believes Developers are out of compliance.
Failure of City to provide either said confirmation or said specific enumeration within the
ten (10)-day period shall be deemed certification that Developers are in compliance with
this Agreement.
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PINELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1143
14. Ap-plication of Ordinances and Policies.
(l) The ordinances and policies of City governing the development of the
Property at the time of the execution of this Development Agreement shall continue to
govern the development of the Property for the duration of the Development Agreement.
(2) City may apply ordinances and policies adopted subsequent to the execution
of this Development Agreement to the Property during the term thereof if the City
Commission has held a public hearing, with notice mailed to Developers of specific
agenda items to be heard and potentially applied to Developers, and has determined, by
the making of specific fmdings of fact, that said ordinances and policies are:
(a) Not in conflict with the laws and policies governing this Development
Agreement and do not prevent development of the land uses, intensities or densities as
allowed under the terms of the Development Agreement; and
(b) Essential to the public health, safety and welfare; and
(c) Expressly state that they shall apply to a development that is subject to a
development agreement; and
(d) Are specifically anticipated and provided for in this Development Agreement;
and
(e) Are adopted subsequent to substantial changes which have occurred in
pertinent conditions existing at the time of the approval of this Development Agreement
or subsequent to a determination that the Development Agreement is based on
substantially inaccurate information supplied by Developers;
(f) Are of general application to the community at large for all similarly situated
developments.
(3) The ordinances and policies which are specifically anticipated and provided
for in this Development Agreement are:
(a) Any ordinance or policy which is necessary to carry out the provisions of this
Development Agreement, including but not limited to ordinances rezoning and annexing
the Property, granting variances and other development approval;
(b) Any ordinance or policy which shall be adopted by City accepting, approving,
or implementing City's Evaluation and Appraisal Report concerning its comprehensive
plan;
(c) Ordinances and policies of general application in the City, including but not
limited to ordinances imposing additional or increased transportation, open space, sewer,
water, or other impact, capacity, or connection fees;
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IPINELLAS COUNTY FLA.
OFF.REC.BK 94~2PG 1144
(d) City's Capital Improvement Program in effect as of the Effective Date of this
Agreement;
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(e) City's Land Development Code.
(4) The provisions contained in this Paragraph do not abrogate any rights that
may vest pursuant to common law.
(5) Upon termination, revocation, cancellation, or expiration of this Development
Agreement, all then-existing codes shall be applicable to the Property regardless of the
terms of the Development Agreement.
15. Modification or Revocation to COIl\Ply with Subsequently Enacted State and
Federal Law. If any state or federal law is enacted after the execution of this
Development Agreement which is applicable to and precludes the Parties' compliance
with the terms of this 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.
16. Periodic Review of Development A2l'eement: Revocation or Modification for
Failure to Comply. The City Manager shall review the Property at least once every
twelve (12) months to determine if there has been demonstrated good faith compliance
with the terms of the Development Agreement, and shall report such findings to the City
Commission. This Development Agreement may be revoked or modified by the City
Commission upon thirty (30) days' notice to Developers if 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 revocation or modification shall be
accomplished only after a public hearing and notice sufficient for the adoption of a
development agreement. However, in the event City elects to modify or revoke this
Development Agreement due to Developers' noncompliance, Developers shall have
ninety (90) days within which to cure said non-compliance and upon Developers' curing
said non-compliance City's action shall become null and void.
17. Enforcement. This Development Agreement may be enforced as set forth in
Florida Statutes Section 163.3243, as may be amended from time to time. Developers
and City shall additionally be able to enforce this Agreement as may be provided by law.
18. Assiinment. Developers shall not assign the rights and duties provided for in
this Development Agreement to any assigrJee, lessee, or successor in interest prior to the
conveyances by Developers to City referenced in paragraph 25. without prior written
approval of the City Commission, which approval shall not be unreasonably withheld,
except that the City Commission may withhold approval in the event it determines, in its
sole discretion, that said proposed assignee, lessee, or successor in interest is unable to
carry out the obligations imposed by this Development Agreement. Any individual
purchasing one or more of the dwelling units or lots authorized by this Agreement shall
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I PINELLAS COUNTY FLA.,
O'F.REC.BK 9422 PG 1145
take subject to the terms and provisions of, and be entitled to the benefits of, this
Agreement, but as purchasers of individual units or lots shall not be deemed to be the
successors or assigns of Developers for the purposes of amending this Agreement.
19. Draftini of Development Aifeement. The Parties shall be deemed to have
participated jointly in the drafting of this Development Agreement. Accordingly, this
Development Agreement shall be construed neutrally without regard to the party or
parties responsible for its preparation, and any terms, conditions, uncertainty, or
ambiguity shall not be construed against any of the parties as a result of the drafting of
such.
20. Entirety of A~reement. This Development Agreement constitutes the entire
agreement of the parties. This Development Agreement incorporates and includes all
prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein and the Parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this
Development Agreement that are not contained in or incorporated into this document.
Accordingly, it is agreed that no deviations from the terms hereof shall be predicated
upon any representations or agreements, whether oral or written, This Development
Agreement may be modified or amended only by a separate writing signed by all Parties
hereto.
21. Jurisdiction and Governin~ Law. The Parties hereto agree that any and all
suits or actions at law relating to the entry into or the provisions of this Development
Agreement shall be brought in Pinellas County, Florida and in no other jurisdiction. This
Development Agreement shall be construed and interpreted under the laws of the State of
Florida.
PART II: DEVELOPERS' PERFORMANCE OBLIGATIONS
22. Recital. This Part delineates those specific acts which must be complied with
unilaterally by Developers.
23. Annexation. Concurrent with the approval of this Development Agreement
City shall consider the pending application by Developers of Annexation of Tract "A"
and Tract "B" into the City. City understands and agrees that Developers' application for
annexation is wholly contingent upon City's approval of this Development Agreement.
Developers shall not be required to pay any fee to City for said annexation application.
24. DevelQpers' Obliiation to Construct Project. Developers agree to construct
the Project as depicted on Exhibit "C" within five years of the Effective Date of this
Development Agreement.
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l~PINELLAS COUNTY FLA.
OF~.REC.BK 9422 PG 1146
25. Developers' Obli~ation to Conv~y Riiht-of-W&y to City. Developers agree
to convey a thirty (30)-foot wide strip of real property on the westerly side of Tract A, as
depicted on Exhibit "A", to City within thirty (30) days of the Effective Date of this
Development Agreement, to be used by City to make improvements to Landmark Drive.
26. Dedication of Internal Street Riiht-of- W&y. Developers agree to convey to
City those areas within the Property necessary to create City streets within the proposed
development as needed to access the single-family development and as approved on a site
plan; such roadways shall be dedicated to public use.
27. Local Development Permits: Execution Contin~ent Upon Certain Approvals.
Developers shall be required to obtain all necessary site plan approvals for each stage of
the development consistent with the Conceptual Plan, subdivision and platting approval
with metes and bounds description of each lot to be developed, residential planned
development approvals, building permits, and regulatory agency permits, including any
Southwest Florida Water Management District permits, water distribution and wastewater
collection permits, certificates of capacity as required by City Code Section 36.142,
recreation and open space requirements, and other development permits as customary
needed for the improvement ofrea1 property. These permits shall be obtained at the sole
cost of Developers. It is understood by the parties that annexation and rezoning (zoning
atlas amendment), as applied for in Developers' Petition for Annexation dated May 17,
1996 and on file with City, will be processed concurrently with a Resolution approving
and adopting this Development Agreement, and that said Development Agreement shall
be adopted prior to the annexation and rezoning (zoning atlas amendment), and the
adoption of the annexation and rezoning (zoning atlas amendment) shall be conditioned
such that in the event the parties do not execute the Development Agreement or in the
event the Development Agreement does not take effect or is held to be void then the
annexation and rezoning (zoning atlas amendment) shall likewise be considered
ineffective and void. Developers' execution of this Agreement shall therefore be
contingent upon the prior approval of said annexation and rezoning (zoning atlas
amendment). In the event that Developers do not proceed with the Residential Planned
Development contemplated by this Agreement but instead develop the residential portion
of the project under RS-8 zoning (as is authorized pursuant to paragraph 34.), then
Developers shall be required to seek approval for said RS-8 zoning and for any variances
required in connection with said revised development plan.
28. Subdivision: Plattini. Developers agree to properly subdivide and plat the
Property pursuant to City's ordinances.
29. IIIlPact Fees. Etc. The increased impacts on public facilities or public
services attributable to each unit of the development, and the cost of capital
improvements to meet the associated demand on such facilities or services, shall be
assured by payment to City, at such time as is specified in City Code, of City's impact
fees required by ordinance of general application then in effect, as well as by payment by
Developer of applicable utility system development fees.
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I PINELLAS COUNTY FLA.
O~F.REC.BK 9422 PG 1147
30. En~ineerini ReQ}lirements. Developers agree to comply with the
requirements of City's Engineering Department as set forth in the Memorandum from
Richard J. Baier, City Engineer dated May 17, 1996 and attached hereto and incorporated
herein as Exhibit "D", with the exception that for density calculation purposes, the area
dedicated to the City of Clearwater pursuant to paragraph 25. above shall be included, but
only for calculation of density for the residential use, and not for the office use area.
31. Landscapini: Additional Landscapini Commitment. The landscaping of the
office and residential tracts shall be in compliance with City's Code for said uses.
Additionally, Developers agree to landscape the entry to the Property with appropriate
hedges, and to provide City the sum of $2,000.00 on or before the completion of the
Landmark Drive Improvements to be used by City for supplemental undesignated
landscaping.
PART III: CITY'S PERFORMANCE OBLIGATIONS
32. Recital. This Part delineates those specific acts which must be complied with
unilaterally by City.
33. Improvement of Landmark Drive. The specific improvements which the
parties contemplate City will make to Landmark Drive south of Enterprise Road (the
"Improvements") are depicted on a diagram attached hereto and incorporated herein as
Exhibit "E". City has no specific obligation to complete the Improvements by any
particular time. In the event that City elects to perform the Improvements, City will not
seek any financial contribution for such Improvements from Developers other than
transportation, open space, sewer, water, or other impact, capacity, or connection fees
customarily charged to developers pursuant to provisions of City Code. City shall not
seek any additional right-of-way, other than that to be conveyed as provided in Paragraph
25. above from Developers, for the improvement of Landmark Drive. City shall not be
obligated to construct any roadway features upon Developers' property or to align the
Improvements to any particular roadway configuration of Developers. City agrees,
however, contingent upon conveyance of the thirty (30)-foot wide strip of real property
referenced in paragraph 25. above occurring prior to construction of the Improvements,
and further contingent upon Developers' plans becoming more tangible from an
engineering perspective prior to construction of the Improvements, to make a good faith
attempt to facilitate appropriate alignments to the residential development by the use of
asphalting and radial return features upon City right-of-way only.
34. Zonin~. Pursuant to the above-referenced annexation application by
Developers, Tract B will be annexed into City under a zoning classification of Residential
Planned Development allowing for single-family lots, and Tract A will be annexed into
City under a zoning classification of Limited Office allowing for office uses. The Parties
contemplate that Developers may, if all other requirements of this Development
Agreement are met, develop either tract independently of any requirement to develop the
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]PINELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1148
other tract. City hereby acknowledges that Developers have applied for, and have met all
the prerequisite obligations for, the rezoning and annexation of the Property. Concurrent
with the adoption of this Development Agreement, City shall adopt the zoning necessary
for Developers' contemplated uses of the Property as set forth herein. In the event that
Developers cannot meet the procedural and/or Code requirements for such Planned
Development approval, then the residential portion of the project shall be developed in
accordance with City's Land Development Code requirements for RS-8 zoning.
35. Access. Developers agree to execute an instrument releasing any rights they
may have to access to the Property via Sabre Drive, at such time as the Improvements to
Landmark Drive, to be made by City, are complete, assuming that the improved
Landmark Drive roadway meets all City development requirements for the anticipated
traffic type and volume. Developers shall access the Property by existing lawful means
until such time as the Landmark Drive Improvements are constructed.
36. Public Facilities. Public facilities that will service the development shall be:
roadways; stormwater retention; disposal; sewer; water; solid waste pickup and recycling;
gas; cable television. City hereby warrants and represents that all of the above facilities
which are City-provided utilities shall be available to Developers and their successors in
interest at the time of recordation of final plat to assure their provision concurrent with
the impacts of development. Developers, however, shall be liable for all impact, carrying
capacity, connection, and other fees associated with such facilities. It is contemplated
that Developers will grant maintenance rights to an existing sewer easement and that
Developers will service the Property through existing sewer lines.
37. Site Plan. City shall be obligated to approve a site plan for Tracts A and Bin
compliance with those development characteristics as hereinbelow provided upon
submission of a site plan approval application by Developers which meets City Code
requirements, payment of application fee, and compliance with any other prerequisites of
City Code and this Development Agreement, including but not limited to conveyance of
certain real property pursuant to Paragraphs 25. and 26. above. The Conceptual Plan
shall not be deemed a substitute for any plat or site plan required by City's development
code.
38. Review Period. Any submittal to City staff made by Developers for the
purpose of obtaining development approvals which is complete and meets all City Code
requirements shall be initially reviewed by the necessary City staff members and full and
complete review comments shall be provided to Developers within fourteen (14) days of
said complete and compliant submittal.
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~INELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1149
PART IV: MUTUALLY-A GREED-TO DEVELOPMENT
CHARACTERISTICS
.
39. Recital. The development conditions as enumerated in this Part are those
characteristics which City agrees to approve by and through the site plan approval
process, assuming that Developers meet the conditions set forth in this Development
Agreement, and which Developers agree to comply with. Both parties hereby agree to
implement these conditions by their respective actions.
40. Development Approval Process. Development for the Property shall be
examined for approval and approved, if at all, in compliance with the Conceptual Plan
and this Development Agreement. In the event of a conflict between the Conceptual Plan
and this Development Agreement, this Development Agreement shall control. . In the
event of a conflict between the Conceptual Plan and this Development Agreement, this
Development Agreement shall control No amendment of any regulation, code, ordinance,
or policy of general application in the City adopted subsequent to the Effective Date of
this Development Agreement shall preclude the type of use or amount of floor area set
forth in the Conceptual Plan, except as provided in Paragraph 14. above.
41. ReQJIired Permits. The following development permits are required to be
approved for development of the property: Planned Development approval; site plan
approval; rezoning (zoning atlas amendment) pursuant to paragraph 27. above; Southwest
Florida Water Management District permits; Florida Department of Environmental
Protection permits; utility permits; building permits. The above-referenced development
permits shall be obtained at the sole cost of Developers. In the event said development
permits are not obtained by Developers, action in reliance on this Development
Agreement or expenditures in pursuance of its terms or any rights accruing to Developers
thereunder shall not vest any development rights in Developers, nor shall it constitute
partial performance entitling Developers to a continuation of this Development
Agreement.
42. Development Uses Permitted. Development uses permitted on the Property
shall be limited to the following uses consistent with the Conceptual Plan: thirty-four (34)
unit residential development; maximum 14,160-square-foot and maximum 30% of gross
site area building coverage office development. Residential density permitted shall be
five (5) units per acre. For density calculation purposes, the area dedicated to the City of
Clearwater pursuant to paragraph 25. above shall be included, but only for calculation of
density for the residential use, and not for the office use area. A maximum Floor Area
Ratio of .3 shall be allowed for office uses. Maximum permissible height shall be: for
residential uses: thirty (30) feet; for office use: thirty (30) feet.
43. Lot Sizes. Tract B shall provide for lot sizes greater than or equal to that
smallest interior lot size as allowed under an RS-8 zoning classification.
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OFF.REC.BK 9422 PG 1150
44. Setbacks. The minimum setback requirements for principal and accessory
structures in the office development shall be as specified for the OL zoning district. The
minimum setback requirements for principal and accessory structures in the residential
development shall be governed by the following table.
45. Retention Pond Location. To the extent practicable given sound engineering
practices, the retention area for Tract B shall be located so as to serve as a buffer between
the residential lots and Landmark Drive. Drainage pipes may be placed between lots or
structures provided they are centered in a utility easement that is no less than 15 feet
wide; in the event of a conflict between such required width of easement and required
setback, the required width of easement shall control. Upon conveyance to individual lot
owners, said easements shall be depicted upon a survey provided to the individual lot
owners. Placement of any structure, including but not limited to pool decks, screened
porches, hot tubs, and permanently installed barbecue grills, shall not be made within the
easement area, except that fencing may be so placed. Any structure, fencing, or
landscaping placed in the easement area shall be subject to removal in the course of
City's repair and maintenance operations upon the drainage pipes.
46. Riaht-of- Way. City will allow Tract A to be developed as a Planned
Residential Development utilizing interior fifty (50) foot wide rights-of-way, with a thirty
(30) foot roadway, subject to the provisions contained elsewhere in this Agreement. The
parties agree that the Landmark Drive improvements which City shall make will be
limited to a two-lane roadway with seventy (70) foot right-of-way adjacent to the
Property, and that City shall not be obligated to make any additional improvements to
Landmark Drive. Developers agree that the said improvements to Landmark Drive in
addition to the ingress/egress driveway improvements referenced in Paragraph 35. above,
constitute adequate access to the Property, both unimproved and with the improvements
contemplated by this Development Agreement. City hereby acknowledges that vehicular
access to Tract B is through an access easement across property currently part of the City
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OFF.REC.BK 9422 PG 1151
of Safety Harbor. This access is hereby agreed to as being acceptable by City and City
will not require separate and different access than that already provided.
47. Availability of Infrac:;tructure. The roads, landscaping, and other internal,
Developer-provided infrastructure serving each residential unit shall be completed before
a certificate of occupancy may be issued for the unit. The roads, landscaping, and other
internal, Developer-provided infrastructure serving the office development shall be
completed before a certificate of occupancy may be issued for the office development.
48. Utility Installation: Site Li~htin~. Developers shall install all utilities
underground where practical and shall screen all utility facilities. Developers shall
comply with all City ordinances regarding site lighting in effect at the time of application
for the building permit for those improvements, and shall utilize shaded light sources to
illuminate all signs, facades, buildings, parking and loading areas, and shall arrange such
lighting so as to eliminate glare to properties lying outside the Property. In addition to
the foregoing requirements, the lighting for Tract B shall be directed away from any
residential areas or street rights-of-way, and site lighting for Tract B shall be equipped
with 90-degree cutoff features.
49. Parkin~. Developers shall provide parking on the Property consistent with all
provisions of the technical building codes in effect at the time of application for the
building permit for those improvements.
50. Easements. All lots in both Tracts A and B shall be encumbered with a
fifteen (15) foot utility easement along any property line which abuts any City right-of-
way except that a ten (10) foot utility easement shall be provided for along those lots
which abut Landmark Drive and on the right-of-way portion of the interior drive of all
comer lots of the subdivision. All such easements shall be evidenced by a recorded Grant
of Easement which shall be perpetual in duration and shall allow access, ingress and
egress for purposes of installation, repair, and maintenance of all City utilities.
51. Use of City's Stormwater Retention Area. Pending approval of Developers'
application for appropriate stormwater retention and disposal by the Southwest Florida
Water Management District, City shall allow Developers to discharge stormwater into
City's retention area which abuts Developers' property to the north of Tract A and south
of Tract B. However, in no event shall such use of City's retention area by Developers
exceed permitted amounts in volume, cause City to exceed such amounts, or cause a
maintenance or safety problem. Developers shall submit to City, prior to any discharge,
calculations which show that such discharge volume does not violate or cause City to
violate provisions of State of Florida or Southwest Florida Water Management District
stormwater permits or cause a maintenance or safety problem. Final subdivision layout
shall utilize on-site stormwater retention as a buffer between Landmark Drive and the
residential development to the extent possible given sound engineering practices. .
Drainage pipes may be placed between lots or structures provided they are centered in a
utility easement that is no less than 15 feet wide; in the event of a conflict between such
12
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I PINELLAS COUNTY FLA
___~~~~~_~~BK 9422 PG 1152
required width of easement and required setback, the required width of easement shall
control. Upon conveyance to individual lot owners, said easements shall be depicted upon
a survey provided to the individual lot owners. Placement of any structure, including but
not limited to pool decks, screened porches, hot tubs, and permanently installed barbecue
grills, shall not be made within the easement area, except that fencing may be so placed.
Any structure, fencing, or landscaping placed in the easement area shall be subject to
removal in the course of City's repair and maintenance operations upon the drainage
pIpeS.
52. City Cooperation. City shall cooperate with Developers in any reasonable
manner such that both Developers and City can comply with the terms of this Agreement.
Specifically, as long as Developers propose development improvements consistent with
this Agreement, City will join in any drainage permit applications or other similar permit
applications as needed to complete the scheme anticipated herein; however, this provision
shall not be construed to require City's participation in any litigation, whether
administrative or judicial, or to render City liable for any attorney's fees or costs of said
litigation.
53. Costs and Attorney's Fees in Liti~ation. In the event that either party seeks to
enforce this Agreement or to interpret any provision of this Agreement by the institution
of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto,
and including any appellate proceedings, the parties agree that all costs actually incurred
in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing
party .
IN WIlNESS WHEREOF, the Parties, by their duly authorized undersigned
representatives, have executed this Development Agreement on the date and year ftrst
above written.
CITY OF CLEARWATER
By: ~ #?~U
Eliza M. De' . a" City Manager
Appr ved as to form and legal sufficiency:
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A ...",1"':.,
ttest: ..'".
(I, ,~i:Zr-:~~.Q:'.,~::~;
~cfuu~eau,~ty Clerk f:: '..i
. :jI~", --:1~",:\i.I,,_" <;",~,' uo~:~L:.:,-,~,..
I,: ,;7r~ v". _ <416": ;':'_
t.... ~.;~...'oqtl~..
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eslie K. Dougall-S. s
Assistant City Attorne
13
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PINELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1153
/' j~t /^ A
?? ',0., 0 .
\ I ltness
v J . IhI1tl~S tI~
Type or print nam~
~=e
Witness
.BA-IUL~ ~. VdS.-EL
T or print name
\~/ J....- il ,'t". J Cl 0.. ~ ~
Haze~Vogel \~
itness ~ ~
. ~ pI~~
~~~
Witness ~
~~'< ~. \(c&eL.
Type or print name
14
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PINELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1154
EXHIBIT A
LEGAL DESCRIPTION COMMON TO BOTH PARCELS: A portion of the northwest
1/4 of the northwest 1/4 of Section 33, Township 28 5, Range 16 E, Pinellas County,
Florida, said tracts being more particularly described as follows:
TRACT B: Commence at the southwest comer of said northwest 1/2 of the northwest
1/4 of Section 33, the same being the northwest comer of Shady Oak Farms as shown
on the plat recorded in Plat Book 80, Pages 95 and 96, public records of Pinellas
County. Thence north 00001 '46" E. along the westerly boundary of said northwest 1/4 of
Section 33, 509.19 feet, to the point of beginning. Thence departing said westerly
boundary south 89030'48" E., 625.02 feet; thence south 00001'46" W., 505.47 feet;
thence north 89051'15" W., 625.00 feet; thence north 00001'46" E., 509.19 feet, to the
point of beginning.
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PINELLAS COUNTY FLA.
OFF.REC.BK 9422 PG 1155
EXHIBIT B
LEGAL DESCRIPTION COMMON TO BOTH PARCELS: A point of the northwest 1/4
of the northwest 1/4 of Section 33, Township 28 S, Range 16 E, Pine lias County,
Florida, said tracts being more particularty described as follows:
TRACT A: Commence at the southwest comer of said northwest 1/2 of the northwest
1/4 of Section 33, the same being the northwest comer of Shady Oak Farms as shown
on the plat recorded in Plat Book 80, Pages 95 and 96, public records of Pinellas
County; thence N. 00001 '46" E., along the westerly boundary line of said northwest 1/4
of Section 33, 509.19 feet; thence departing said westerty boundary, S.89030'48" E.,
330.00 feet to the point of beginning. Thence run north 00001'46" E., 160 feet; thence
south 89030'48" E., 295.02 feet; thence south 00001'46" W., 160 feet; thence north
89051 '15" W., 295.02 feet, to the point of beginning.
As requested by the Legal Departsnent, I am providing these tentative and
essential terms required by the Land Development Code Section 36.116 regarding
the terms of a mutually acceptable development agreement. Insofar as the items
of mutual agreement, they are:
TO:
nox:
COPIES:
SUBJECT:
DAn:
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PINELLAS COUNTY FLA.
0.1: . REC. BK 9422 PG 1188
CI'rY 0' CL.ARWA'r..
Interdepartment Correspondence Sh..t
Illlabeth M. Deptula, City M&na~er
Rlchard J. Baier, Cityangineer
pamela Akin, City Attorney
Leslie Dougall-Sides, Assistant City Attorney
Scott Shuford, Director of Central permitting
Lou Kilton, Senior planner
Terry Jennings, Chief Ingineer
Oakbrook Bstates!Oakbrook plaza/Vogel Development
May 17, 1996
All storm drainage comply to City of Clearwater code and Southwest Florida
Water Manage~ent Regulations irrespective of any representations made on
the attached plans.
All six inch W/lter lines shall be looped through and connected to the City
syste~ at ths oakbrook commercial Center.
The sanitary and water lines are to run through the northeastern most lots
at the Oakbrook Center and shall be placed in A 15' easement. The
sanitary line shall have no services in thb location and the water and
sewer lines shall be spaced a miniJnum of three feet apart.
Roadway under-drain shall be provided 00 one side of the city street and
the side shall be selected at a later date by the City Engineer.
A lot drainage sheet and topography extending 50' beyond the site shall be
submitted with the project design plans during the site permitting of the
project.
On the plat, the developer shall dedicate a 15' drainage and utility
easement abutting the interior roadways.
On the plat the developer shall provide for a sight triangle easement on
the plat where the project road or roads connect to Landmark Drive. This
easement shall assume a 40 mile per hour design speed for Landmark Drive.
Sidewalks shall be required on both sides of all interior streets and will
be a minimum width of 5' wide.
No storm pipes ~hall be placed betwee~ the two buildings.
Site density,shall not exceed five units per acre, based on the acreage
owned by the developer prior to the time of right-of -way dedication.
Drainage as depicted on the attached plan is conceptual, in nature, taking
into account site factors and constraiDts as they are currently known.
The outfall shall be to the City of Clearwater retention area which shall
provide street flow. Said connection is contingent upon the cClJlpatibility
of the outfall of the development Md the permit8 that exi8t now between
the City of Clearwater and the Water Hanagement District.
EXHIBIT D
RETURN TO:
CITY CLERK
POST OFFICE BOX 4748
CLEARWATER, FL 34618-474a
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RJB/ns
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1 PINELLAS COUNTY FLA.
~FF.REC.BK 9422 PG 1189
Oakbrook l.tate./Oakbrook Plala/Vogel Development
May 17, 1996
Page 2
.
Thh dte plan it conceptual in nature,
permitting proces., and vill be subject
Cocmhlion, only Hthere are substantial
Development Code Section 40-261.
No utility easement shall be required to be any larger than 15' vide.
and NY chang, through the
to re-reviev by the City
change. AI defined in Land
.
.
This site shall have the prerequisite shrubs and trees pursuant to the
City of Clearwater landscape ordinance.
No lot shall be required to have any greater than 60' frontage or to have
any greater than 100' of depth. All lot. shall have a 25' front setback,
10' rear setback and 5' side setbacks and no lots shall have more than one
front'setback. Irrespective of the above all corner lots shall have the
above referenced setback except for the long dimensions fronting
additional right-of.way shall be a 10' setback and that the same side
setback shall have deed restrictive vehicular access. No lot shall be
required to have two front setbacks.
.
.
.
All roadways shall be 30' in paved width from back of curb to back of
curb. Said roadway shall be placed inside of a 50' right-of.way with a
10' foot utility easement on 3ither side of this SO' right-of,way. The
approval of this plan and the an~eXAtion of this parcel is conditioned
upon the adoption of this development agreement and the conveyance by the
owner to the City of Clearwater of the west 30' of the residential parcel
described herein on the attached plans.
The developer is to give the City of Clearwater $2000 to be used towards
landscaping vi thin City property and/or right-of-way.
Final subdivision layout vill attempt to utilize on-site retention as a
buffer between Landmark Drive and the proposed residential lots to the
extent possible given sound engineering practices.
Show any proposed buffer along Landmark Drive.
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EXTENSION
TO LAKE
CHAUTAUQUA
PARK
Varies 70' - 80'
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SECTION A- A
APPROXIMATELY 330 L.F.
80'
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Varies 24' - 40'
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SECTION B- B
APPROXIMA TEL Y 100 L.F.
80'
40'
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SECTION C- C
APPROXIMATELY 180 L.F.
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A LANDMARKI~!
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LAN9MARK DRIVE EX~~~~O~________ ----------Jil i
EXHIBIT E II i II
HI 11
SITE PLANS IN FILE