DEVELOPMENT AGREEMENT - 2495 GULF TO BAY
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INST,. 93-132232
MAY 7, 1993 5:37PM
~iNELLAS COUNTY FLA.
OFF.REC.BK 8266 PG 436
DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this 30 day of A:pf:, t..,
1993, between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation ("City"), P.O. Box 4748, Clearwater, Florida 34618-
4748, and MURRAY SORIN ("Sorin"), 465 Park Avenue, New York, New
York 10022.
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RECITALS:
A. Sorin is the fee simple owner of 14.2 acres of land
i" !">.,'C.:if):Nclocated at 2495 GUlf-to-Bay Blvd., Clearwater, Florida, legally
'\': '-'lQQO.JQ descr ibed on Exhibi t "A" at tached hereto and incorporated herein
'( 'coCLJ the "Property").
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".' ...,....,-. B. The northern 800 feet of the Property is zoned "CG"
(General Commercial) with a land use designation of
='~:~~~:~~:'Commercial/Tour ist Faci 1 i ties. The remainder of the Property is
._.,...__zoned "RM-8" (Multi-family Residential) with a land use
..,.,.....designation of Low Density Residential.
------ C. Sorin desires to develop the Property generally as shown
'i' ......,.......,on the si te plan attached hereto as Exhibi t "B" and incorporated
'., . ... '" herein ("Conceptual Plan") and Ci ty and Sor i n desi re to enter
"'5J~.into an agreement concerning such development.
D",' D. Ordinance No. 4981-90 establishing Sections 137.040
II through 137.054, subsequently renumbered as Sections 36.111
through 36.126, Code of Ordinances of the City of Clearwater,
enables the City Commission to enter into development agreements
with the owners of real property.
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct
and are incorporated herein by reference.
2. Development. Development of the Property shall be
generally consistent with the Conceptual Plan or a revised
Conceptual Plan for which the transportation impacts will be
equal to or less than the original Conceptual Plan. Except as
may otherwise be provided herein as to concurrency requirements,
all development pursuant to this Agreement shall be consistent
with applicable land development and building regulations, codes,
ordinances and policies in effect at the time of application for
final site plan approval. Development parameters, including,
without limitation, building heights, setback requirements,
access, open space and on-site parking will be governed by the
City Land Development Code. Ordinances and policies of general
application in the City, including but not limited to impact fees
/ (other than transportation impact fees), which are adopted
z(~ubsequent to this Agreement, shall be applicable to the
RETURN TO::
CITY CLERK
POST OFFICE BOX 4748
~EARWATER, FL 34618-4748
KARLEEN F. DEBLAKER C~EERK
RECORD VERIFIED BY:' ~
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t PINELLAS COUNTY FLA.
OFF.REC.BK 8266 PG 437
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Property. Such subsequently adopted ordinances and policies are
specifically anticipated in this Agreement. No amendment of any
such regulation, code, ordinance or policy adopted subsequent to
the effective date of this Agreement, however, shall preclude the
type of use or amount of floor area set forth in the Conceptual
Plan.
3. Certificate of Capacity. Concurrently with the execution
of this Agreement, pursuant to ~137.66 of the City Land
Development Code, subsequently renumbered as Section 36.143, City
is issuing a Certificate of Capacity for the property reserving
656 average weekday peak hour trip ends on any adjacent link of
GUlf-to-Bay Boulevard, the amount of capacity required for
development pursuant to the Conceptual Plan.
4. Payment of Capacity Fee and Transportation Impact
Fees. In payment of the Certificate of Capacity fee required by
~137.06, of the City Land Development Code, subsequently
renumbered as Section 36.148, Sorin shall pre-pay concurrent with
delivery of the Certificate of Capacity the transportation impact
fees owed in accordance with Pinellas County's Transportation
Impact Fee Ordinance No. 86-43, amended by Ordinance Nos. 88-50
and 90~88, computed as follows ("Transportation Impact Fees"):
120,000 sq. ft. General Commercial
$326,760.00
20,000 sq. ft. Outparcels
(@ $5,000/1,000 sq. ft.)(Est.)
100,000.00
Credit for 80 parking spaces which
currently exist on the Property
@ $1,363/space ("Transportation
Impact Fee Credit")
(109,040.00)
$317,720.00
The payment of any Transportation Impact Fee required as a result
of issuance of a certificate of occupancy shall first be
satisfied by reducing the Transportation Impact Fee Credit, until
that credit is exhausted. Thereafter Transportation Impact Fees
shall be required to be paid and shall be satisfied from the
$317,720.00 cash paid pursuant to this Agreement, until
exhausted. No portion of the Transportation Impact Fee paid in
cash shall be transferred to Pinellas County, Florida, unless or
until a certificate of occupancy is issued for new construction
that would require payment of total Transportation Impact Fees in
excess of $109,040.00, in which event the appropriate portion of
these prepaid fees may be paid to Pinellas County, Florida. For
example, if certificates of occupancy are issued requiring the
payment of $150,000.00 in Transportation Impact Fees, then the
Transportation Impact Fee Credit of $109,040.00 shall first be
exhausted and the County's portion of the balance of $40,960.00
shall be transferred to the County.
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PINELLAS COUNTY FLA.
OF~i~EC.BK 8266 PG 438
No portion of the prepaid impact fees shall be refunded to Sorin
or his successors in title for development of the Property which
is the subject of this Agreement.
5. Duration of Agreement. The duration of this Agreement
shall be five (5) years from the date hereof.
6. Comprehensive Plan, Etc. The development contemplated
by this Agreement is consistent with the City's comprehensive
plan and land development regulations.
7. Local Development Permits. Preliminary and final site
plan approvals, Southwest Florida Water Management District
permits, Department of Transportation permits, building permits,
and certificates of occupancy will be needed for development of
the Property. These permits and approvals will be obtained at
the sole cost of Sorin. In the event that any of these permits
or approvals are not received, no further development of the
Property shall be allowed until such time as the City Commission
has reviewed the matter and determined whether to terminate this
Agreement or to modify it in a manner consistent with the public
interest.
8. Non-Waiver of Requirements. Failure of this Agreement
to address a particular permit, condition, term or restriction
shall not relieve Sorin of the necessity of complying with the
law governing such permitting requirements, conditions, terms or
restrictions. 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 herein.
9. Termination. Upon the termination of this Agreement,
all then-existing codes shall be applicable to the Property
regardless of the terms of this Agreement and all parties shall
be placed in the same position as if this Agreement was never
executed.
10. Authority. This Agreement is entered into by the City
in accordance with Sections 163.3220 through 163.3243, Florida
Statutes, and Article VII, Chapter 137, Clearwater Code of
Ordinances, subsequently renumbered as Article V of Chapter 36,
relating to development agreements, and the terms thereof are
hereby incorporated into this Agreement by reference.
11. Notices. Any notice to be given or to be served upon
any party hereto in connection with this Agreement must be in
writing, shall be given by certified mail, return receipt
requested, and shall be deemed to have been given and received
when a letter containing such notice, properly addressed, with
postage prepaid, is deposited in the United States mail; and, if
given otherwise than by certified mail, it shall be deemed to
have been given when delivered to and received by the party to
whom it is addressed. Such notices shall be given to the parties
as set forth below:
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)PINELLAS COUNTY FLA
OF '.REC.BK 8266 PG 4~9
FOR CITY:
WITH A COpy TO:
Michael Wright
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
James Polatty
Planning and Development
Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
FOR SORIN:
WITH A COPY TO:
Murray Sorin
465 Park Avenue
New York, NY 10022
E. D. Armstrong III, Esq.
Johnson, Blakely, Pope,
Bokor, Ruppel & Burns, P.A.
911 Chestnut Street
Clearwater, FL 34616
12. Binding Effect. This Agreement shall constitute a
covenant running with the land for the duration hereof and shall
be binding upon both the City and Sorin and persons deriving
title by, through or under Sorin and upon their assigns and
successors in title for such duration. The agreements contained
herein shall benefit and limit all present and future owners of
the Property and the City for the term hereof. This Agreement
shall be recorded in the Public Records of Pinellas County,
Florida.
13. Modification. This Agreement constitutes the entire
agreement between the parties and no modification shall be made
except as in accordance with law. The parties agree that there
are no outstanding agreements of any kind other than are
reflected herein. Except as is otherwise specifica],ly provided
herein, the Property shall be subject to the laws, ordinances and
regulations of the City as they exist as of the date of this
Agreement.
14. Governmental Approvals. Should any other governmental
permits or approvals be necessary to effectuate the provisions of
this Agreement, the City agrees to support or not to oppose
Sorin's applications to obtain such permits or approvals.
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IN WITNESS.WHEREOF, the parties have hereto set their hands
and seals the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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By:
ita Garvey
Mayor-Commissioner
Michael ...1. J'
City Manage~
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Attest:
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WITNESSES:
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ftl>>' / ~47;).
tygna t ure
r" s e- J. ~ C! A t-/x r;;-.
Print Name
~~~,
Signature
M
~HN. r', -FJZ/OIZ
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Print Name
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared
of the above-named city, who
foregoing instrument. She is
take an oath.
WITNESS my hand and official seal this /9 day of April,
iJe . a j~ ) ,'~1"'" DENSEA. \WSllN
m Li:'d) . [:r ':1 MY COMMISSION If CC 201408 EXPIRES
, - , . 2').'. 'J, June lB. 1996
Print/Type Name: ~, LJ.J / ..sO~" BONOED TliRU TROY FAININSURANCf, INC.
Notary Public
Rita Garvey, the Mayor-Commissioner
acknowledged that she executed the
personally known to me and did not
1993.
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STATE OF FLORIDA
COUNTY OF PINELLAS
JPINELLAS COUNTY FLA
OF .REC.BK 8266 PG 441
BEFORE ME personally appeared Michael J. Wright, the City Manager
of the above-named city, who acknowledged that he executed the
foregoing instrument. He is personally known to me and did not
take an oath.
WITNESS my hand and official seal this
QeJY)i~)Q. ,DJltSf/ .
Print/Type Name: D . . A. rJ, /soJ
Notary Public
Approved as to form and correctness:
~~~
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STATE OF ^7~ 27' .>4
COUNTY OF "rf)~;;(;t ~
The foregoing instrument was
30 day of f1~/'
is (personally known to me) (or
identification) (as identification)
~'V~r--
Gflotary Publ'ic
My Commission Expires:
JOHN F. PRIOR
Notary Public, State of New York
No, 41-4972412
QU~li~ied in Queens County
CommIssion Expires October 1 1991f
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/ q day of April, 1993.
....l-:;.~~!k...
(fI;&""'i'\ DENISE A. WILSON
~t . ~J MY COMMISSION /I CC 201408 EXPIRES
--2' ...~~" June 18 1996
'.Nr..lll BONDED THRU TROY FAIN INS
URANCE, INt,
acknowledged before me this
, 1993, by MURRAY SORIN,who
who has produced) (type of
and who did not take an oath.
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(All located north of Druid lbad)
PlNELLAS COUNTY FLA.
OFF.~EC.BK 8266 PG 442
From the center of SpC"tlon 18, Towll~hlJ' 29 S(lUU" llallgE' 16 Elll'l,
PinelIas County, Florida, rUn South 890-41'-18" East along the
North line of the Southeast Quar.ter of said section and a10l\g thE'
centerline of Gulf to Bay BoulE'vard 034.1 fE'E't to a point, thencE'
South OP-00'-52' West 850.00feel: l:o the point of beginning of
.
the proper.ty herein described, thencE' continue South 010-00'-52'
. .
West 432.48 feet to the North line of Druid Road (100-foot right
of way), thence South 890-14 '-05" East along the North line of
[Jruid Road 500.21 feet to a point, thence North 010-01'-20" East
436.44 feet to a poillt, thence No/"l:h 090-41'-10" West 500.32 feeol:
to the point of beginning, and
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From the center. of Section 18, Township 29 South, Range 16 Easl:
PinelIas County, Florida, run South 99"-41'-10" East alon9 the
North line of the Southeast Quarter of said section and along I:hl:!
centerline of Gulf to Bay Boulevar.d 934.1 feet to a point, thenc~
South 010-00'-52" West 330.02 feet to the South line of the city
limits of Clearwater for the point of beginning of ~he fr.oper.ty
herein described, thence continue So.uth OP-OO '-52" Wesl 519.99
feet to a point, thence South 890-41'-19" East 500.32 feet to a
point, thence North 01'-01'-28" East 519.98 feet to the South line
of the cil:y UmHsl thence North 890-41'-18" West 500.41 feet to
the polnt of beginning, and
tr.om the center of Section 18, Township 29 South, Range 16 Ea81:,
Pinellas County, Florida, run South 89"-H'-10" East along the
Noeth title of the Southeast: Quarter of si11d sE'cl;lon and a long UtE'
'.~centt"rllnE' of Gulf 1;0 Bay Boulevard 8H.l fl?el; 1;0 a polnt, l:hE'nce
South 010-00'-52" West 50.0 feet to the 50UI:h line of Gulf 1:0 Bay
Boul evard for I:he Point; of beginning of I:h", prop<:,rty la'r",in descr lbed I.
thence contiNue South OP-OO'-52" WE'st 290.02 fe",t; 1:0 a point on
the south line of the city limlts of Clearwitter., l:hE'neE' South
89.-4~'-18" East along said South linE' 500.41 feet to a polnt,
thE'nee North OP-Ol,'-28" West J. 02 feet 1;0 a poLnt, thence South
890-41 '-18" East; 11. 2' feet to a point, thE'nce North 01.-01'-28" Ea"l: .
277.0 feet: to t:h~ South line of Gulf 1;0 Bay BOUlevard, thence North
89.-41'-18" West along thE' South line of Gulf \;0 _Bay Boulevard 511.66
Jeet to the Point of-be91~nlh~.
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