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ANNEXATION-DEVELOPMENT AGREEMENT - K. D. SAUDER TRUSTO.R. 7336 PAGE 1421 PINELLAS COUNTY FLA. INST # 90-200952 ANNEXATION/DEVELOPMENT AGREEMENT THIS ANNEXATION/DEVELOPMENT AGREEMENT, made and entered into this 20TH day of JULY 1990, by and between THE CITY OF CLEARWATER ("city") D. SAUDER, AS TRUST,EE OF THE K. D. SAUDER TRUST ("Owner"), or assigns. WITNESSETH: WHEREAS, Owner is the owner of the premises described in Exhibit "A" attached hereto ("The Annex Property"); and WHEREAS, Owner wishes for The Annex Property to be annexed into the City and to change the existing vacant usage thereof, provided that the City agrees to provide utilities and to agree to certain other conditions relative to The Annex Property; and WHEREAS, the City wishes to annex The Annex Property provided the Owner agrees to certain conditions relative to The Annex Property; and :~." r!6a~Jr WHEREAS, the parties wiSh to set forth their agreement ~.'vt;.~=relati ve to The Annex Property. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and other valuable consideration passing between the parties, the receipt and adequacy of which is lf~, J?,.hereby acknowledge, the parties hereby agree as follows: r-') 1. Recitals. The foregoing recitals are true and , ,I" correct. 2. Construction. The Owner agrees to proceed with the construction of Owner I s proposed strip shopping center on the premises described in Exhibit "A" under the terms and conditions of the exiting pinellas County Zoning (C2 and C3) and Land Use 1 ,j KARLEEN F. DEBLAKER, CLERK JLY 25, 1990 4:49PM IF (2/ .') D I **~~ lOF,F:[~:J~t'lL '::,:):COF:II(; W*w. ,'~ L 11\ ./ .,') ,) (, I" {"IU I l,:L,,: ;,2 Regulations applicable thereto, and forthwith upon issuance of the certificate of Occupancy by Pinellas County, to apply for or to permit annexation of The Annex Property by city. In order to assist Owner in the annexation process and construction of improvements, City agrees that water and sanitary sewer services shall be available to the premises described in Exhibit "A", in accordance with the City's usual permitting process and practices, including but not limited to the City's policy regarding extension of distribution and collection lines from existing water and sanitary sewer facilities. 3. Identification of Persons with Leaal or Eauitable OwnershiD. The only person having legal or equitable ownership interest in the premises described in Exhibit "A" is Owner. 4. Duration. The duration of this Annexation/Development Agreement shall not exceed Three (3) years and shall not be subject to extension. Upon filing with the City Clerk this Agreement shall act as a petition to annex and shall be recordable by the City. 5. DeveloDlDent Uses. Development uses permitted on the subj ect premises shall be as shown on the site plan attached hereto as Exhibit "B" and generally in accordance with City's CN Zoning Classification with a building height of not greater than twenty-five (25') feet, but with the exceptions noted on the site plan. 6. Site Plan. Exhibit "B" is the site plan under which Owner intends to develop the premises described in Exhibit "A." Owner agrees that all requirements of plat or site plan process 2 ~ < ' , *** t'l" F:, \., T f\l 'Hue.;" );,:)(:) I,,; F i , u F: It ': \ ;;" >:': ;f; ?i'li d':: II,' of Pinellas County shall be met prior to the issuance of a development order. Owner agrees that any change in the site plan attached hereto as Exhibit "B" will only bring such site plan into greater compliance with city"s planning, zoning and building ordinances, and that Owner shall not be permitted to amend the site plan in any other way. 7. Public Facilities. Pinellas County has determined, in issuance of a certificate of Concurrency that traffic circulation, solid waste, recreation and open space and mass transit facilities or services are acceptable. Pinellas County maintains the existing pUblic right of way adjacent to the premises. City water supply and sanitary sewer services shall be available as described in paragraph 2. It is not anticipated that any new or expanded facilities are necessary to serve the development. Owner shall be charged no fees by City at rates greater than applicable to City residents similarly situated. 8. DeveloDment Peraits. Owner and City agree to cooperate in securing the necessary zoning district change from County C2- C3 to City CN. OWner has acquired permits from the state of Florida Department of Environmental Regulation for water and sewer service extension and from Pinellas County on behalf of the Southwest Florida Water Management District. It is not contemplated that any zoning district regulation amendment, comprehensive plan amendment, submission to Pinellas Planning Counsel, or to the Department of Community Affairs, or to the u. s. Corps of Engineers or the U. s. Environmental Protection Agency, or any other governmental agency submission or permission 3 I * * "If (r F" 'I' ("]' h I I" 1" " ", '" '" ,. ,( :" r, .,.. ,h, "; ::, LUI":U;:, ~cr: ;{, BOOK 1336 PAGE 14~4 will be required. All such submissions or permissions will be obtained at the sole cost and expense of the Owner. In the event any development permissions are not received, no further development of the subject premises shall be permitted or allowed until such time as the City Commission has reviewed the matter and determined whether or not to terminate this Annexation/Development Agreement, or to modify it in a manner consistent with the pUblic interest. Under these conditions, action in reliance on the Annexation/Development Agreement or expenditures in pursuance of its terms or any rights accruing to the Owner hereunder shall not vest in any development rights in the Owner, nor shall it constitute partial performance entitling the Owner to a continuation of the Annexation/Development Agreement. 9. Findinas of City. The City finds that this Annexation/Development Agreement and the development is consistent with the City'S Comprehensive Plan. 10. COlllDliance with Governing Laws. Any failure or omission of this Annexation/Development Agreement to address a particular permit, condition, term or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions and that any matter or thing required to be done under existing Ordinances of the City shall not be otherwise amended, modified or waived, unless such modification, amendment or waiver is expressly provided for in this Agreement, wi th 4 I *~* OFF I CJhl ;::;UOI', )':'536 F:[i ,C1F:.uh ::t;(<:* F' (\ (J E :1 40' '.'5 specific reference to the Code provisions so waived, modified or amended. 11. Subseouent Ordinances. Subsequently adopted Ordinances and policies of general application in the City shall be applicable to the property and that such modifications are specifically anticipated in this agreement. 12. Termination. Upon termination of the Annexation/Development Agreement, all then existing codes shall be applicable to the property regardless of the terms of the Annexation/Development Agreement. premises at the extreme Southeast corner thereof shall be moved to the North, as shown on Exhibit "B" attached hereto, per agreement with the adjoininq owner to the East of the subject premises, which change sha11 be accomplished in accordance wi th the description attached hereto as Exhibit nC" before the issuance of the Certificate of Occupancy. All costs of relocation of said right of way shall be borne by OWner. 14. Remedies. The parties recognize that damages for breach by either party of the terms of this agreement may be difficult or impossible to ascertain. The parties further recognize that there may be no adequate remedy at law for any such breach. The parties agree that either mandamus, specific performance or injunctive relief (either prOhibitory or mandatory, both temporary or permanent) is an appropriate remedy 5 '"" .' I I F:FCDI::;Db k.:(. *- *** OFFIClflL. LJ()()t 1 I 1 f., I::' r\GF 14::'.(, ~ ,{ '~~;) ~-"':' in the event of breach, whether actual or anticipatory, of this agreement. In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to recover its 15. Bindina Aqr~.,:I!nt. costs, including reasonable attorney's fees. binding on and inure to the benefit of the parties and their This agreement shall be respective successors, assigns and/or heirs and shall be recordable in accordance with the terms hereinbefore set forth. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first above written. A TTES T :':"pj;';~~;.~{r' \<.~"''''':''''\\\\""cL . CITY _;o~"-'~~,!t;."'.,,~.," 'r~?~~~, FLORIDA ',,,ot. ~~ I ~ .\l. ,i,;,~ '..~,/' I, " ..~>',::\.?\'-"'" \."1 , t;,,}"o""~, ....' 10 c':- .'t, .. \~ I' 'c- 'j., By: -~ : -,' ~'''''''~ .a '...... "',- """":ty \ .. r':'~~ri:"::;)'-': O'w-;:L " ')~ i';\,~~~~~ j .: r:: . .' D ' ,li._ \~}:_1_~::'~::'_.'it G$, , \I' _ \', ", ',1" ':';,"';; "r ~JJ -~o~. /;~',::',;::-,,:\)~... '0'/"';:"''- , '( .. ""~' 0'. .. ' I?o ,)."''''O' ' 'I ,~Iit'..D'O. "','" ':,v/tlnil j't' \ ~ \ \. Y ~~'i ,', ,\,\\,\",~,,,,,,,, 6 CITY OF CLEARWATER, FLORIDA By: -il1. '-71' ~ - City Manager , FLORIDA By: CITY OF CLEARWATER, FLORI By: ~ll u:;.d/l :7"""'~ Attorney K. D. SAUDER, AS TRUSTEE ~~YJl-a:7Jf/ TRUST J OF "Owner" ~ 'I I *** OFFICIAL RECORDS *** BOOK 7336 PAGE 1427 STATE OF FLORIDA } COUNTY OF PINELLAS } BEFORE ME, the undersigned authority personally appeared RDV\H - RQ.\aLtV\ , city Manager, and -R \~ ~c...r--ve~ Mayor/Commissioner, .^'\. A. 3C\.. \ b ro.:\~ I~r " City Attorney, and C'jn~'a... ~ .<3ouck..~V\., City Clerk, to me well known to be the persons described in and who executed the foregoing on behalf of City of Clearwater, Florida, who, being by me first duly sworn, depose and say that the statements contained therein are true and correct of their own personal knowledge and that they executed ," ;,~d;HJHI said document on behalf of the City of Clearwater, F}."d~~~~:77JO~ .+\~~"" ,," '............# \I"';:<l ...... .f,r~.:, Q ... ~~ ..,. .:'_ ;::' ,_ I '7 ~r. \..-.. <: : ",.,>>:.,<> $> ',-' ~.. ~ .I'~ ...t:\ ' ~:',:,-':':;':-<? ~~ i':"y the uses and purposes therein Notary Public, State of ?forltrlf N:y Commission Expires Nov. 3, 1991 Bonded Thru Troy FoIn. Insurance Ine. expressed. b Notary Public My Commission ~ ':~ ';. . ....:, r..:.;:.,.. "',. ..( 0' , xp1res"~ ~~,'. " i" . . <, V....<: ";litll~ '.. i'" -~/ ,.( ..w.i-to4....~.- "', "1/ / .,.., '1;;;.' .\/11111 <'\ , I u ~'it~~'(( '1;:;1:1;: personally'appeared K. STATE OF FLORIDA COUNTY OF PINELLAS } } Before me, the undersigned authority, D. SAUDER, TRUSTEE OF THE K. D. SAUDER TRUST, to me well known to be the person described in and who executed the foregoing, who, by me, being first duly sworn, deposes and says that the statements contained therein are true and correct of his own personal knowledge, and that he executed same freely and ':',~</~:i':'It-,\r '~)Y';-::~"{;";'., voluntarily for the uses and purpo ressed.. ,/ '-' ,:,,;; , < .lI ",1)4 ,~ J .:......?~b$)<7>;..',':.~. . c '"" " , :; " ., i,;j1,,;'f:S.!~, '_, ~ ~'~ g Comm1SS on Expires; .',; e; 1.'';.{!, ') ... ~ ftI_~ ,"~nf., ~f:?tl :"C-~: ~\~~~~.~ -.;..i~. :,'4.' ~., :,1 tJ '\.,j:- :; lm'1Ilr1f"9 "/..,/::~.--,'. _ ',: "'f.,:,~,.~i.(h~,.". ...... \ ..1" ,r:" ~, ~ ",,,.1'.,,,,;' "I':' "~'o:-" t- ~~~.... " . " _v ..-r' i.",)\(1lut-1f'Il~~~'j.~(~~'1_ ;'f:._;~.;,~~ :~':..~..-:".~.':#!~\;>:_- ~',~; ,/:~"9f; "..tI'.:'~ ...... ,i;klfldtl:,' :nn.. Irl.>Y 1-<.'111 InWI,'J<l~~Y!,~,~"" .)I'~'., '1./ 0 f"; ~-:-:\'\}~ . ,,-.,..,'" ,>.:t,::. ~l~'Jli';:;J!~~~~~;{~'\~S';" ~.-<<t't:,:,,< -,- , ',;_.,- " 7 " I I j *** OFFICIAL RE~ORDS~~** BOOK 73~~ P0G~ 14,~ 1\ [X)r-tion of wt 1 and lnt 2, of PINELU\S GRCNES SUBDIVISION, being in the S()uth~st 1/4 of Section 1, 'Ibwnship 29 South, Range 15 East, as recorded in Plat Book 3, Page 15, of the Public Records of pinellas County, Florida, and ~ing /IDre particularly described as follows: Commence at the ~Jrtheast corner of the Northeast 1/4 of the Southwest 1/4 of said Section 1; thence South 00017' 47" East along the North-South center line of said Section, also being the center line of Hercules Avenue, for 270.00 feet; thence North 89006'54" West, for 50.00 feet to the West right-of-way line of Hercules Avenue, thence oontinue North 89006'54" West, for 287.56 feet for fuint of Beginning; thence continue North 89006' 54" West for 337.54 feet; thence North 00015'08" West for 220.00 feet to a [X)int on the South right-of-way of Sunset !bad; thence South 89006'54" East along said right-of-way for 337.41 feet; thence South 00016'32" East, for 220.00 feet to the Point of Beginning. EXHIBIT "A" 1Il ~ ::s UJ n -+ - lJj~ .Q ~ '~ ~ ~ ~ ~~ ~ ..tj \. '" -:~' ~< t:tj ~ ~ IU1!UII; h. II 1, fljillf;l IliihU IIIIII!I' lip III hit iUi11 IIliI! 11111 ~ !I'!I ~ ; ill'l ~ IfU I ~II , . ~' ~ I I *** OFFICIAL RECORDS *** ~_~ElOOK 7336 PAGE 1429 -~- - I"' ~ ,) I !I~I~ I' i~! "dl~ I ~,,~l~ ..~ ~- I \ .. '.-:-, \ ) ... / ", " ~- -1 l'lj' '1'('11 ,'. '1"11'111';1 .. i' .s r f I ,hi " I ,- (fJ !' f-' 'U .~iiit!:',~ ~'J~,~iiis I; ~ r i.~ : 0 jl :-u f -~I~r .':. !-~IGJ'n -;-, C _ r.. _ -s' I. 1 r II i...I, ,1' I' fiif~l":lll'- -l f i ..Si!il.1 d '-Jnid!1 rfl I 'J. · : ! 1;)14:11 to ~'''i)!Q II~ D . - '! - II ij ',., - Tn !:' ! - '-jr"ij:. 1!1i'!~~ 1: ~ 1; - on ! d'lf.f~r J. ~'U~'l, h.l Z I (;J f ~ ~I~.!:: 'Ii ,....1' U ~ iJn~I!' 'II m """''0 l.~: _ ~ i . , . ! ,. ,u. lint"- hi'.' !~; rIll , d ,#. r:' I'- 1,' I ~ Bl~ I ~u iIl.I!iIi i~ ~ . if ,. I . h (fJ .. ' -l EXHIBIT "B" ~, I I I DPAINAGE A."ill INGRESS/EGRESS EASEMENT: *** OFFICIAL RECORDS *** BOOK 7336 PAGE 1430 COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST ONE- QUARTER (1/4) OF TH~ SOUTHVEST ONE-QUARTER (1/4) ALSO KNOVN AS THE CENTER POINT OF SECTION I, TOVNSHIP 29 SOUTH, RANGE 15 EAST, PlNELLAS COUNTY, FLORIDA: THENCE S.00.17'47"E. 270.00 FEET; THENCE N.89.06'54"V. 50.00 FEET TO THE VESTERLY RIGHT-OF-VAY OF HERCULES AVENUE, BEING THE SE CORNER OF THE SUBJECT TRACT; THENCE ALONG THE VESTERLY RIGHT-OF-VAY OF HERCULES AVENUE, N.00.17'47"V. A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING ALONG THE VESTERLY RIGHT- OF-VAY OF HERCULES AVENUE N.00.17'47"V. A DISTANCE OF 12.48 FEET TO A POINT; THENCE N. 06.00' 25"V. ALONG THE VESTERLY RIGHT-OF-VAY OF HERCULES AVENUE, A DISTANCE OF 7.57 FEET TO A POINT; THENCE N.89'06'54"V. A DISTANCE OF 247.39 FEET TO A POINT; THENCE N.70'00'00"V. A DISTANCE OF 41.92 FEET TO THE VESTERLY PROPERTY LINE OF THE SUBJECT TRACT; THENCE ALONG THE VESTERLY PROPERTY LINE S.00.16'32"E. A DISTANCE OF 21.32 FEET TO A POINT; THENCE S.70.00'00"E. A DISTANCE OF 37.90 FEET: THENCE S.89.06'54"E. A DISTANCE OF 251.92 FEET TO THE POINT OF BEGINNING. 8153:NOTES:8160.SUN.INGRESS.EGRESS.EASE. EXHIBIT "e"