FIRST AMENDED AND RESTATED ANNEXATION RECORDED 01/12/84, OR 5680 PG 410
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O. i.5680 PAGE 410
FIRST AMENDED AND RESTATED
ANKEXATION AGREEMENT
FIRST AMENDED AND RESTATED ANNEXATION AGREEMENT is made
this q~ day of September, 1983, among the CITY OF CLEARWATER,
FLORIDA (IICityll), r~DC ASSOCIATES 81-A, LTD., a Georgia limited
partnership, METRO DEVELOPMENT CORPORATION, a Georgia corpora-
tion, OR ASSIGNS (IIDeveloperll).
WIT N E SSE T H:
WHEREAS, Sidney Colen (IIColenll) owns the real property
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described on Attachment 1. attached hereto (lithe Annex Propertyll)
and the real property described on Attachment 2. attached hereto
(which real property together with the Annex Property is some-
times hereinafter collectively referred to as the IIproject
Propertyll) which he has agreed under certain circur.1stances to
convey to Developer; and
WHEREAS, Developer wishes for the Annex Property to be
annexed into the City provided that the City agrees to certain
conditions relative to the Project Property; and
WHEREAS, the City wishes to annex the Annex Property to be
annexed into the City provided that the Developer agrees to
certain conditions relative to the Project Property; and
WHEREAS, Colen has heretofore filed with the City a Petition
for Annexation and Zoning and an Application to Amend Land Use
Plan relative to the Annex Property; and
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~into an Annexation Agreement whereby the Project Property may be
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g~~~annexed into the City, which Annexation Agreement is recorded in
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~~g~O.R. Book 5397, pages 2022 through 2031, inclusive, of the Publ ic
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~o ~ ~Records of Pi nell as County, Flori da; and
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Ption for Development Approval of a Development of Regional Impact
WHEREAS, on August 18, 1982, the City and Developer entered
WHEREAS, on July 16, 1982, the Developer filed an Applica-
(IIDRIII) with the City and other appropriate agencies; and
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O. i. 5680 PAGE 411
WHEREAS, on October 11, 1982, the Developer filed with the
City an Amendment to the Application for Development Approval and
submitted copies of the Amendment to all appropriate agencies;
and
WHEREAS, the Developer has made substantial changes to the
original Conceptual Development Plan (the IIPlanll), attached as
Exhibit C to the Annexation Agreement; and
WHEREAS, the City and Developer have agreed to other changes
in the Annexation Agreement; and
WHEREAS, the parties wish to amend the Annexation Agreement
relative to the Project Property;
NOW, THEREFORE, in consideration of the mutual promises
herein contained, the parties amend and restate the Annexation
Agreement in its entirety as follows:
1. Recitals. The foregoing recitals are true and correct.
2. Annexation. Simultaneously with the approval of this
Agreement by the City, the City shall conclude annexation of the
Annex Property.
3. Conceptual Development Plan. Immediately following the
effectuation of the annexation of the Annexed Property, the City
shall issue its Development Order relative to the Project
Property. The Conceptual Development Plan attached to the
Development Order as Exhibit IIDII shows the general parameters for
development of the Project Property. Any development of the
Project Property by Developer shall be in substantial compliance
with these parameters. All site and engineering plans, building
plans, DRI Studies, or amendments or addenda thereto, or other
similar documents or applications relative thereto, that are
submitted by Developer to the City and are consistent with the
proposed development as shown on the Plan and as are consistent
with the Development Order adopted by the City as Ordinance No.
3205-83 of which this amended agreement is a part, shall be
expeditiously processed by the City.
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O. i. 5680 PAGE 412
4. Parkland Dedication. The City's parkland dedication
requirement shall be satisfied in full upon the payment by the
Developer to an independent trustee designated by the City of the
sum of $600,000.00, such payment to be made within five (5) days
following the effective date of the Development Order. This sum
shall be invested in an interest bearing account as directed by
the City with the interest to accrue to the benefit of the City.
The developer shall exercise its best efforts for a period of
twelve (12) months from the effective date of the Development
Order, to locate and acquire, upon terms mutually acceptable to
the Developer and the City, a recreational facility acceptable to
the City in the City's sole discretion. In the event that
Developer is successful in contracting for the acquisition of
such a facility, then the City shall authorize the trustee to
disburse so much of the funds held by it as may be necessary to
close the acquisition contracted for by the Developer for
conveyance to the City. The balance of the funds held by the
trustee, if any, shall be paid over to the City. The City may,
in its sole discretion, choose to assume any mortgages that may
encumber such a facility, or contribute toward the purchase price
of such a facility, or both.
At any time prior to the Developer contracting for acquisi-
tion of such a facility upon written notification by the City to
the Developer and the trustee, the trustee shall promptly pay
over to the City the funds, including interest, held by it.
Upon the earlier of (i) twelve (12) months from the
effective date of the Development Order, (ii) the consummation of
the acquisition of such a facility or (iii) the payment to the
City of the funds held by the trustee, the Developer shall be
relieved of any further obligation under this paragraph.
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O. i. 5680 PAGE '413
In the event that the Developer is not successful in
contracting for the acquisition of an acceptable recreation
facility within 12 months, the sum of $600,000 plus interest
shall be paid over by the Trustee to the City. Prior to approval
of the preliminary site plans for Phases II and III of Park
Place, the City shall prepare a report describing the recreation
lands and facilities or open space lands which have been acquired
with the funds provided by the Developer, as well as any unex-
pended balance of the funds or interest that has accrued. In
consideration of transportation needs in the Project area, the
City Commission may elect to use any unexpended parkland monies
to support improvements to the transportation system provided
that a minimum of $240,000 (which equates to four (4) percent of
the purchase price of the Project Property) be expended for
public parkland/open space purposes.
5. Land Use Designation and Zoning. Upon annexation of the
Annex Property into the City, the Land Use Plan designation and
Zoning Atlas category for each phase thereof shall be as set
forth in the annexation, land use plan and zoning ordinances
respectively. The portion of the Project Property already
within the City's limits shall continue with the same Land Use
Plan designation and Zoning Atlas category as in effect on
July 15, 1982. Nothing herein shall preclude the subsequent
amendment of the Land Use Plan or Zoning Atlas categories or the
applicable requirements thereunder, except that development shall
be entitled to proceed in accordance and consistent with the
specific authorization of the Development Order and the City Code
of Ordinances in effect at the time of application for final site
pl an approval.
6. Utilities Service.
(a) Sewer. According to Developer1s proposed phasing
schedule for the proposed development, average daily sewer
service requirements, by Phase and cumulatively, will be as
follows:
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Q. i.5680 PAGE 414
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RETAIL (MGD)
.023
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.023
OFFICE 01GD)
.037
.024
.022
TOTAL (MGD)
.060
.024
.022
PHASE
TOTAL
.083
.106
Because of the magnitude of the proposed development and the
length of the term over which it will be in process, City and
Developer recognize the need for maximum certainty regarding the
availability of sewer service for the proposed development. The
City at its cost shall provide sewer service along U.S. Highway
19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue
adequate and available for use to serve the Project Property.
(b) Water. Water service is available to the Project
Property from water lines along U.S. Highway 19, Gulf-to-Bay
Boulevard, Drew Street, and Hampton Avenue. The projections of
average daily water demand, by Phase and cumulatively, based on
the Developer's proposed phasing schedule for the project are as
follows:
PHASE RETAIL (MGD) OFFICE ( ~1 G D ) TOTAL (MGD)
I .023 .037 .060
I I 0 .024 .024
I I I 0 .022 .022
TOTAL .023 .083 .106
The sizes of the water lines presently i n place are sufficient to
service the above described estimated water needs of the proposed
project.
(c) Natural Gas. The City shall at its expense
install a natural gas distribution system serving the Project
Property where such installation expense can be recovered within
a reasonable time based upon projected revenues to be generated
by such system. Where gas mains are not located within dedicated
rights-of-way or easements, easements shall be provided by
Developer for said mains at no expense to City.
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I o. i. 5680 PAGE 415
7. Roads and Signs. If Developer constructs roads on the
Project Property in general conformance with the design shown on
Exhibit "0" of the Development Order and in locations and to
specifications acceptable to the City, then City shall accept any
such road dedicated by Developer to the public or the City.
Developer agrees that if such roads are dedicated, it will agree
to maintain all median areas and shall provide reasonable
liability insurance to City with respect to such medians. City
recognizes the unique nature of the proposed development and
agrees that business identification signs otherwise consistent
with City sign regulations and subject to site plan review
requirements, including sign size, design, and location, may be
placed and maintained within publicly dedicated right-of-way so
long as no danger to vehicular or pedestrian traffic is imposed
thereby.
8. Access Easement. Upon annexation of the Annex Property,
the City shall by separate instrument reasonably satisfactory to
Developer, grant to Developer, its successors, assigns, guests
and invitees, a right-of-way easement in a location and of a
design reasonably acceptable to City for ingress, egress, and
utilities over and under the real property described on
Attachment 3. attached hereto. The term of such easement shall
be the maximum permitted by law. The relocation and adjustment
of existing facilities within said easement shall be at
Developer's expense.
9. Access to Out Parcels. The City agrees not to prevent
the right of ingress and egress to the out parcels fronting on
State Road 60 provided that a maximum of two (2) points of
ingress and egress to State Road 60 shall be permitted east of
the main project entryway and a maximum of two (2) points of
ingress and egress to State Road 60 shall be permitted west of
the main project entry.
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O. i. 5680 PAGE 416
10. Development of Regional Impact. Developmnent of the
Project Property constitutes a DRI as defined in Florida
Statutes, Chapter 380. The City agrees that compliance by the
Developer with the provisions of Chapter 380 is in addition to
and complimentary to the initial Community Impact Statement
("CIS") prepared for the Project Property by the Developer. The
DRI process, constituting a more comprehensive and complete
evaluation of project impacts, supplants and supersedes the CIS
wherever the two may be inconsistent and precludes the necessity
of submitting any additional CIS for each phase or tract of the
project.
11. Remedies. The parties recognize that damages for a
breach by either party of the terms of this Agreement or the
Development Order may be difficult or impossible to ascertain.
The parties further recognize that there may be no adequate
remedy at law for any such breach. Accordingly, the parties
agree that either mandamus, specific performance, or injunctive
relief (either prohibitory or mandatory, both temporary and
permanent) is an appropriate remedy in the event of breach,
whether actual or anticipatory, of this Agreement or the
Development Order. In the event of any litigation arising out of
this Agreement or the Development Order, the prevailing party
shall be entitled to recover its costs, including reasonable
attorney's fees.
12. Effective Date and Term. This Agreement shall be
effective upon its execution by the City and the Developer. This
Agreement shall be in effect for twenty (20) years following the
effective date of the Development Order.
13. Binding Agreement. This Agreement shall be binding on
and inure to the benefit of the parties and their respective
successors and assigns.
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Q. i. 5680 PAGE 417
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
At~~ t& ~BY:
IICITyll
Witnesses:
MDC ASSOCIATES 81-A. LTD., a
Georgia limited partnership
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By: f{l. U~ P~'
IIDEVELOPERII
RE31.27
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NORTH PARCEL
DESCRIPTIml:
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O. i. 5680 PAGE 418
Begin at the northwest corner of the N.E. 1/4 of the N.W. 1/4 of
Section 17, Township 29 South, Range 16 East, Pine11as County,
Florida and go S. 890-56'~11" E., 1312.06 feet; along the north
boundary of said N.E. 1/4 of the N.W. 1/4 of Section 17, to a
point on the west right-of-way line of Hampton road - County Road
No. 144; thence S. 000-19'-21" E., 1333.85 feet, along said west
right-of-way line to a point on the south boundary of the N.E.
1/4 of the N.W. 1/4 of said Section 17; thence S. 890-54'-49" W.,
1328.31 feet, along the south boundary of the N.E. 1/4 of the
N.W. 1/4 of said Section 17; thence N. 000-22'-28" E., 1337.33
feet, along the west boundary of the N.E. 1/4 of the N.W. 1/4 of
said Section 17, to the Point of Beginning. Containing 40.477
acres, more or less.
SOUTH PARCEL
DESCRIPTION:
Commence at the southeast corner of the N.W. 1/4 of Section 17,
Towns~ip 29 South, Range 16 East, Pine11as County, F19rida and go
N. 00 -19'-21" W., 330.00 feet, along the east boundary of said
N.W. 1/4; thence S. 890-46'-41" W., 33.00 feet, to a point on the
west right-of-way line of Hampton Road-County Road No. 144 for a
Point of Beginning; thence S. 890-46'-01" W., 1998.14 feet, along
a line 330.00 feet north of and parallel to the south boundary of
said N.W. 1/4 of Section 17; thence N. 010:"04'-04" E., 229.92
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feet; thence S. 89 -46'-01" W., 198.43 feet; thence N.
000-52' -21" E., 554.70 feet; thence S. 890_84' -49" W., 174.94
feet; thence N. 000-53'-42" E., 125.02 feet, to a point on the
north boundary of the S.W. 1/4 of the N.W. 1/4 of said Section
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17; thence N. 89 -54'-49" E., 2349.30 feet, along the north
boundaries of the S.W. 1/4 and S.E. 1/4 of said N.W. 1/4 of
Section 17, to a point on the west r~ht-of-way line of Hampton
Road-County Road No. 144; thence S. 00 -19'-21" E., 1003.86 feet,
along said west right-of-way line, to the Point of Beginning.
Containing 49.496 acres, more or less.
ATTACHMENT 1
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D. i. 5680 PAGE 419
DESCRIPTION:
Commence at the southeast corner of the N.W. 1/4 of Section 17,
Township 29 South, Range 16 East, Pinellas County, Florida and go
S. 890-46'-01" W., 660.00 feet, along the south boundary of said
N.W. 1/4 (centerline of Gulf-to-Bay Boulevard - State Road No.
60); thence N. 000-19'-21" W., 50.00 feet, to a point on the
north right-of-way line of Gulf-to-Bay Boulevard; for a Point of
Beginning; thence, following said nort8 right-of-way line, S.
89 -46'-01" W., 58.49 feet; thence N. 00 -13'-59" W., 10.00 feet;
thence S. 890-46'-01" W., 1319.21 feet; thence, leaving said
northoright-of-way line, n. 010-04'-04" E., 270.07 feet; thence
N. 89 -46'-01" E., 1371.13 feet, along a line 330.00 feet north
of and parallel to, the south boundary of said N. W. 1/4 of
Section 17; thence S. 000-19'-21" E., 280.0Q feet, to the Point
of Beginning. Containing 8.533 acres, more or less
ATTACHMENT 2
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This property is the City \-lell site property fronting on U. S.
Highway 19 service road north of State Road 60. An accurate
legal description mutually acceptable to city and Developer shall
be prepared and substituted for this Attachment 3.
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ATTACH!-1ENT 3
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