10-23RESOLUTION NO. 10-23
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND CLEARWATER CHRISTIAN PRIVATE
SCHOOL, INC., A FLORIDA NON-PROFIT
CORPORATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, by adoption of Resolution No. 10-18 on
August 5, 2010, previously approved a development agreement with Clearwater
Christian Private School, Inc., a Florida non-profit corporation; and
WHEREAS, it is desirable to amend said Development Agreement in order to
reflect changes occasioned by the Alternative Compromise Recommendation approved
by the Pinellas Planning Council in Case CW 10-18 on September 15, 2010; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The First Amendment to Development Agreement between the City of
Clearwater and Clearwater Christian Private School, Inc., a Florida non-profit
Corporation, a copy of which is attached as Exhibit "A," is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this gist day of October , 2010.
Approved as to form:
Leslie K. Dougal ides
City Attorney
Frank V. Hibbard
Mayor OFTit E
Attest:
Rosemarie Call
City Clerk
Resolution No. 10-23
This instrument was prepared by
and return to:
Katherine E. Cole, Esquire
Johnson, Pope, Bokor,
Ruppel & Burns, LLP
P. O. Box 1368
Clearwater, FL 33757-1368
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
("Amendment") is entered into among CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOL, INC., a Florida non-profit corporation, its successors and assigns
(collectively the "Developer"), whose address is 3400 Gulf-to-Bay Boulevard,
Clearwater, Florida 33759, and THE CITY OF CLEARWATER, FLORIDA, a
municipality of the State of Florida acting through its City Council, the governing body
thereof (the "City"), whose address is 112 South Osceola Avenue, Clearwater, Florida
33756.
WITNESSETH:
WHEREAS, the City and Developer entered into a Development Agreement,
dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of
Pinellas County, Florida ("Agreement") concerning 131.05 acres of property more
particularly described therein (the "Property");
WHEREAS, Section 5.1 of the Agreement provides that the Agreement shall not
be effective until final approval and effectiveness of certain zoning designations and
future land use map designations for the Property;
WHEREAS, Section 6.1.4 of the Agreement provides for the establishment of a
Conservation Easement;
WHEREAS, Section 6.1.3.1 of the Agreement provides that the Property must be
developed in substantial conformance with a Master Plan;
WHEREAS, during the approval process, the proposed area of the land use plan
and zoning changes was modified, which resulted in changes to the Mitigation Area, the
Master Plan Area, the Master Plan and the proposed conservation easement area;
WHEREAS, the parties have agreed to certain revisions to the Agreement to
incorporate these changes;
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 et sec. Fla Stat. and applicable law;
WHEREAS, the City has determined that as of the Effective Date of this
Amendment the proposed development is consistent with the City's Comprehensive Plan
and Land Development Regulations;
WHEREAS, at a duly called public meeting on October 21, 2010, the City
Council approved this Amendment, and authorized and directed its execution by the
appropriate officials of the City; and
WHEREAS, Developer has approved this Amendment and has duly authorized
the undersigned individual to execute this Amendment on Developer's behalf;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
Section 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
Section 2. Capitalized Terms. Capitalized terms used herein that are not
defined shall have the same meanings given to such terms in the Agreement.
Section 3. Amendment to Agreement. The Agreement is amended as
follows:
3.1 All references in the Agreement to the Mitigation Area shall refer to 102.5 acres.
3.2 Notwithstanding any references in the Agreement to the contrary, the Developer
has requested a future land use map amendment resulting in a change of approximately
12.99 acres m.o.l. of the Property.
3.3 Exhibit A to the Agreement, Legal Description of Master Plan Area and
Mitigation .Area, is hereby deleted and replaced with the "Revised Exhibit A" attached to
this Amendment.
3.4 Exhibit B to the Agreement, the Master Plan, is hereby deleted and replaced with
the "Revised Exhibit B" attached to this Amendment.
3.5 Exhibit C to the Agreement, Mitigation Narrative, is hereby deleted and replaced
with the "Revised Exhibit C" attached to this Amendment.
3.6 Exhibit D to the Agreement, the Project Future Land Use and Zoning Maps, is
hereby deleted and replaced with "Revised Exhibit D" attached to this Amendment.
3.7 Section 4.2 of the Agreement is hereby amended to read:
2
The Project shall include 667 parking spaces, as shown on the Master Plan
attached where 386 are existing today.
3.8 Section 4.3 of the Agreement is hereby amended to read:
The proposed floor area ratio on the Master Plan Area shall not exceed .169
nonresidential area and the proposed density shall not exceed 750 dormitory beds,
including use of the multiplier of 3 beds per unit ("Residential Equivalent Use")
and the transfer of development rights described in Section 6.1.3.9 of this
Agreement. The proposed height of the Master Plan buildings, as defined in the
Code, is a maximum of 50 feet. There is no proposed development on the
Mitigation Plan Area.
3.9 Section 6.1.3.5 of the Agreement is hereby amended to read:
The residential density shall be limited to 750 beds, including the use of the
Institutional density of 12.5 dwelling units per acre, the Residential Equivalent
Use of 3 beds per dwelling unit pursuant to the Pinellas Planning Council
Countywide Rules and the transfer of development rights described in Section
6.1.3.9 of this Agreement.
3.10 The following Section 6.1.3.9 is hereby added to the Agreement:
6.1.3.9 Developer and City desire to transfer development rights comprised of
residential dwelling units and nonresidential density currently allocated to
portions of the Mitigation Area (Sender Site), which are to be used in connection
with the development of the Master Plan Area (Receiver Site) in accordance with
Division 14, Article 4 of the Clearwater Community Development Code. The
Developer shall submit and the City shall process an application seeking approval
of such transfer of development rights as required by Code ("TDR Application").
In the event of any Code amendment occurring prior to submittal and final
approval of the TDR Application, City agrees that the TDR Application, Master
Plan and this Agreement shall not be impacted by such Code amendment.
3.11 Section 6.1.3.6 of the Agreement is hereby amended to read:
6.1.3.6 The Developer shall implement a hurricane evacuation plan
approved by the City of Clearwater and included in the Developer's published
Safety Manual. All students, faculty and staff shall receive a copy of such plan at
the beginning of each school semester. Developer agrees to close and vacate all
persons (except for emergency personnel required to secure and protect the
facilities) from the Property as soon as practicable after the issuance of a
hurricane watch by the National Hurricane Center which includes the Property.
All dormitory construction shall meet Florida Building Code standards for
construction in a Coastal High Hazard area and shall not compromise the flooding
on the adjacent property.
3.12 Section 5.2 of the Agreement is hereby amended to read:
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit
Court for Pinellas County. The Developer shall pay the cost of such recording.
The City shall submit to the Department of Community Affairs a copy of the
recorded Agreement within fourteen (14) days after the Agreement is recorded.
In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and
Section 5.1.4 above, are not satisfied within twelve (12) months from the date
hereof, the City and Developer agree to execute and deliver a termination of this
Agreement, recordable form, which shall be recorded in the Public Records of
Pinellas County, Florida at the expense of the Developer. Notwithstanding the
foregoing, Developer may request two extensions of time, via the Community
Development Coordinator, for the completion of these contingencies for no more
than twelve additional months each. All time periods set forth in this Section 5
shall be automatically extended for a period of time equal to that required to
pursue any administrative challenge to or litigation regarding any approval by a
local, state or federal permitting agency, including any appellate proceedings
arising therefrom.
Section 4. Ratification. Except as modified herein, the terms and conditions
of the Agreement remain in full force and effect and are ratified by the parties.
Section 5. Effective Date. As provided in § 163.323 Florida Statutes (2010),
this Amendment will become effective after being recorded in the Public Records of
Pinellas County, Florida, and 30 days after having been received by the state land
planning agency.
4
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of this day of 32010.
Countersigned:
Frank V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By: --
William B. Horne II
City Manager
Appr ved as to form:
Leslie K. Douga 1- id s
Assistant City Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
Cynthia E. Goudeau
City Clerk
The foregoing instrument was acknowledged before me this day of
2010, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who
is personally known to me.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Print/Type Name:
Notary Public
The foregoing instrument was acknowledged before me this day of
, 2010, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
Print/Type Name:
Notary Public
5
Witnesses: CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOL, INC., a Florida
non profit corporation
Signature
By:
Richard Stratton
President
Print name
Signature
Print name
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
, 2010, by Richard Stratton, as President of CLEARWATER
CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation, on
behalf of the corporation. He ? is personally known to me or ? produced
as identification.
NOTARY PUBLIC
Printed Name:
#539448 v1 - CCC/1st Amend to Dev Agt
Commission No.
My Commission expires:
6
Revised Exhibit A
[Legal Descriptions of Master Plan Area and Mitigation Area]
Revised Exhibit A
Page 1 of 6
LEGENDIABBREVL477ONS
LB = LICENSED BUSINESS
R/W = RIGHT OF WAY
PG/P = PAGE
ORB = OFFICIAL RECORDS BOOK
ck:
co
W
O
m
Master Plan Area
SKETCH AND LEGAL
DESCRIPTION
NORTH
0 200 400
i i i
GRAPHIC SCALE
THIS SPACE RESERVED FOR
RECORDING INFORMATION
w
t2
W
2
J O1
F I
N
EASTERLY PROJECTION
OF THE NORTHERLY LINE
OF GOVT LOT 4
RAD: 25.00'
ARC: 37.46'
C4 CH: 34.05'
CHB: S68'13'01"E
THE NORTH 1/2 OF THE NE 1/4
SEC 16, TWP 29 S. RGE 16 E
RAD: 25.00' DELTA: 85'51'05"
ARC: 39.24' Li5
C3 CH: 35.34' X40
CHB: N19'53'43"E p0 3
DELTA: 89'56'13" ?y9? Gb C4 o
00 9
C3 ([? a g
GOVT LOT 3 I GOVT LOT 4 0
28.55 `` ACRES /
= MORE OR LESS
I - V
I
G
I ?O
RAD: 5475.83' I P
ARC 150.00 Iii
EASTER C2 CH: 150.00' I 10 TRACT PER CHB: N83'22'38"E pguffig=
N
a
N
N
w
M
03
N
GOVT
LOT 1 .y?
fy'? eP
w
z
I? Z
Q
J? OLD L)
TAMPA BAY Cr.
y11 3
W
o
ORB 16135, PG 2664 DELTA: 01'3410 O 'tn
C2 L2 !2I
g
582'35'34"W? 8?.46' I U W
vl
R/W Cl r (n
STATE ROAD 60
RAD: 5525.83' GULF-TO-BAY B?SEWAY
ARC: 151.37' CAMPBELL
C1 CH: 151.36' COURTN DAMS CAUSEWAY POINT OF BEGINNING
CHB: S83'22'38"W
DELTA: 01'34'10"
FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3
FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3
WADE TRIM SKETCH & DESCRIPTION
A WADE TRIM COMPANY - CML ENGINEERING & LANG SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZ7229009M
LB 12232 17565 Phone: 386-274-1600 Fax: 386-274-1602 DEV AREA 28.55.DWG SHEET 1 OF 3 1" = 400'
Revised Exhibit A
Page 2 of 6
SKETCH AND LEGAL DESCRIPTION
LINE TABLE
LINE LENGTH BEARING
L1 50.00 N05'50'16'W
L2 75.89 N82'35'34'E
L3 17.60 N18'25'35'E
L4 11.75 N66'10'36'W
L5 36.90 N07.24'44'E
L6 34.57 N27'46'29'E
L7 26.14 N22.06'03'E
L8 21.03 S85.27'49'E
L9 47.05 N00.22'32'W
L10 10.17 N76'03'09'W
L11 49.43 N09'14'50'W
L12 49.13 N21'51'04'W
L13 15.55 N61'45'36'W
L14 36.76 N39.48'21'W
L15 38.04 N03'51'29'E
L16 39.77 N01.01'26'W
L17 22.62 N39.14'16'W
L18 6.68 N02'01'50'E
L19 21.83 N48.07'04'E
L20 23.22 N23.43'08'W
L21 17.15 N60.13'20'E
L22 10.05 N06'42'31'E
L23 13.11 N41'29'06'W
L24 25.74 N45'22'31'E
L25 23.82 N63'18'48'E
L26 49.94 N53'55'07'E
L27 56.85 N00'16'34'W
L28 180.68 N89'43'26'E
L29 107.99 N00.16'34'W
L30 17.99 N89.43'26'E
L31 68.66 N00'56'49'W
L32 71.74 N14.00'29'W
L33 31.35 N14.13'49'W
L34 148.53 N25'04'24'W
L35 47.65 N64.51'49'E
L36 61.06 N55.02'03'E
L37 52.20 N61'14'38'E
L38 37.84 N63'49'28'E
L39 92.52 N70.22'20'E
THIS SPACE RESERVED FOR
RECORDING INFORMATION
L40 104.72 N68.51'27'E
L41 63.57 S25.17'28'E
L42 40.81 N36'18'39'E
L43 19.77 N29'55'15'E
L44 18.51 N66'58'31'E
L45 27.81 S85'43'35'E
L46 24.66 N71.55'13'E
L47 30.63 N52'06'00'E
L48 204.74 S89'49'20'E
L49 9.09 N62'13'50'E
L50 26.32 N21'46'43'E
L51 28.03 N34.38'33'W
L52 36.60 N40'45'36'W
L53 47.45 S85.40'57'W
L54 17.54 N42'47'16'W
L55 11.80 N2l'20'23'E
L56 23.76 N89.08'03'E
L57 9.50 N47'26'36'E
L58 27.47 N06'22'13'E
L59 22.62 N78.25'27'E
L60 14.18 N46'51'13'E
L61 20.43 S49.55'47'E
L62 25.83 S23'46'33'E
L63 56.43 N71'05'46'E
L64 9.36 S38.52'30'E
L65 24.28 S67'05'16'E
L66 24.29 N33.07'17'E
L67 28.70 S69'05'02'E
L68 30.96 S24.08'40'E
L69 8.64 S20.16'44'E
L70 11.51 S87.50'35'W
L71 19.46 S26'48'43'W
L72 19.13 S23'25'49'W
L73 24.18 SI1'23'43'E
L74 17.83 N49'11'46'E
L75 34.97 N82.59'36'E
sumElrorYs NOTES:
1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING 582'35'34"W.
2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO 17TLE WORK FURNISHED).
3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMA77ONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A
FIELD SURVEY.
4. THIS IS NOT A BOUNDARY SURVEY.
WADE TRIM
CIA ENGN UMNG do LAND SURVEIING SINCE 1976
1410 LPGA Blvd., Suite 148, Doy ono Beoch, FL 32117 ZZZ229009M
LB (2232 ,7565 Phone: 386-274-1600 Fax: 386-214-1602 DEV AREA 28.55.DWG
SKETCH do DESCRIPTION
DATE: OCTOBER 5, 2010
SHEET 2 OF 3 1 KJK
Revised Exhibit A
Page 3 of 6
SKETCH AND LEGAL DESCRIPTION
THIS SPACE RESERVED FOR
RECORDING INFORMATION
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS
3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH % OF THE NORTHEAST K OF SAID SECTION 16,
PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE
SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE
OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARO, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A
POINT OF BEGINNING;
THENCE S823534"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE;
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE
OF 01'34'107, A CHORD BEARING OF S8322'38-W AND A CHORD DISTANCE OF 151.36 FEET TO A NON-TANGENT LINE; THENCE
DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16"W ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT
CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL
ANGLE OF 01'34'10", A CHORD BEARING OF N83 22'36'E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE
N82'35'34'E FOR A DISTANCE OF 75.89 FEET; THENCE N18'25'35"E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36"W FOR A
DISTANCE OF 11,75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N2746'29E FOR A DISTANCE OF 34.57
FEET; THENCE N22'06'03"E FOR A DISTANCE OF 26.14 FEET; THENCE 585'27'49"E FOR A DISTANCE OF 21.03 FEET; THENCE
NOO'22'32"W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09-14.50"W FOR A
DISTANCE OF 49.43 FEET; THENCE N21'51'04"W FOR A DISTANCE OF 49.13 FEET. THENCE N61'45'36"W FOR A DISTANCE OF 15.55
FEET; THENCE N39'48'21"W FOR A DISTANCE OF 36.76 FEET; THENCE N03'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE
No1*01'26"W FOR A DISTANCE OF 39.77 FEET; THENCE N3914'16-W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50-E FOR A
DISTANCE OF 6.68 FEET; THENCE N48'07b4'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08"W FOR A DISTANCE OF 23.22 FEET;
THENCE N6O'1X20"E FOR A DISTANCE OF 17.15 FEET; THENCE N0642'31'E FOR A DISTANCE OF 10.05 FEET, THENCE N41'29'06"W FOR
A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'4B'E FOR A DISTANCE OF 23.82
FEET'. THENCE N53'55'07'£ FOR A DISTANCE OF 49.94 FEET; THENCE NOO-16-34-W FOR A DISTANCE OF 56.85 FEET; THENCE
N89'43'26'E FOR A DISTANCE OF 180.66 FEET; THENCE NOO'16'34"W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26-E FOR A
DISTANCE OF 17.99 FEET; THENCE N00'56'49"W FOR A DISTANCE OF 88.66 FEET; THENCE N14'00'29"W FOR A DISTANCE OF 71.74
FEET; THENCE N14'13'49"W FOR A DISTANCE OF 31.35 FEET; THENCE N25-04.24-W FOR A DISTANCE OF 148.53 FEET TO A POINT OF
CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET, A
CENTRAL ANGLE OF 89'56'13-, A CHORD BEARING OF N19'53'43"E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY;
THENCE N64'51'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38"E FOR
A DISTANCE OF 5120 FEET. THENCE N63'49'38 E FOR A DISTANCE OF 37.84 FEET, THENCE N70-22-20-E FOR A DISTANCE OF 92.52
FEET; THENCE N68751'271 FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF
S68'13'01'E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25'17'28'E FOR A DISTANCE OF 63.57 FEET;
THENCE N36'18'39'£ FOR A DISTANCE OF 40.81 FEET; THENCE N2955'15'E FOR A DISTANCE OF 19.77 FEET; THENCE 1466.58.31-T FOR
A DISTANCE OF 18.51 FEET. THENCE SB5'43'35'E FOR A DISTANCE OF 27.81 FEET; THENCE N71'5513'E FOR A DISTANCE OF 24.66
FEET; THENCE N52'OB'00-E FOR A DISTANCE OF 30.63 FEET. THENCE 589'49'20-E FAR A DISTANCE OF 204.74 FEET; THENCE
N62'13'50'E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33"W FOR A
DISTANCE OF 28.03 FEET; THENCE N40'45'36"W FOR A DISTANCE OF 36.60 FEET; THENCE S85'40'57"W FOR A DISTANCE OF 47.45
FEET; THENCE N42-47.16-W FOR A DISTANCE OF 17.54 FEET, THENCE N21'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE
N89'08'031E FOR A DISTANCE OF 23.76 FEET. THENCE N47'26'36"E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13"E FOR A
DISTANCE OF 27.47 FEET; THENCE N78'25'27 E FOR A DISTANCE OF 22.62 FEET; THENCE N4651'13'E FOR A DISTANCE OF 14.18 FEET;
THENCE S49'55'471E FOR A DISTANCE OF 20.43 FEET; THENCE S23'48'33 E FOR A DISTANCE OF 25.83 FEET; THENCE N71'05'46'E FOR
A DISTANCE OF 56.43 FEET; THENCE S38'52'30'E FOR A DISTANCE OF 9.36 FEET. THENCE S67-05.16-E FOR A DISTANCE OF 24.28
FEET; THENCE N33-07.17-E FOR A DISTANCE OF 24.29 FEET; THENCE 569'05'02- FOR A DISTANCE OF 28.70 FEET; THENCE
S24'08'40'E FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'44'E FOR A DISTANCE OF 8.64 FEET; THENCE 58750'35-W FOR A
DISTANCE OF 11.51 FEET; THENCE S2648'43"W FOR A DISTANCE OF 19.46 FEET; THENCE S23'25'49"W FOR A DISTANCE OF 19.13 FEET;
THENCE S11'23'43'E FOR A DISTANCE OF 24.18 FEET, THENCE N4911.46-E FOR A DISTANCE OF 17.83 FEET, THENCE N8259.36-E FOR
A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST: THENCE SOO'00'O0"W
ALONG SAID SECTION LINE FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE
DEPARTING SAO SECTION LINE S89'30'5O'E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR
A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG
SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S43'23.49-W FOR A DISTANCE OF 763.40 FEET; 2) THENCE S44'38151"W
FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION,
THE ABOVE DESCRIBED PARCEL CONTAINS 28.55 ACRES, MORE OR LESS.
I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER
5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE.
KENNETH J. KUHAR
FLORIDA PROFESSIONAL SURVEYOR/MAPPER jf6105
WADE TRIM SKETCH & DESCRIPTION
CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ229009M
LO 12232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 DEV AREA 28.55.DWG SHEET 3 OF 3 KJK
Revised Exhibit A
Page 4 of 6
Mitigation Area
SKETCH AND LEGENDIABBREV1477ONS
LEGAL DESCRIPTION LB = LICENSED BUSINESS
NORTH R/W = RIGHT OF WAY
0 200 400 PG/P = PAGE THIS SPACE RESERVED FOR
ORB = OFFICIAL RECORDS BOOK RECORDING INFORMATION
GRAPHIC SCALE
S52'41'38"W
''"W
N 89'32'51"W NORTH LINE OF SEC 16-T29S-R16E
N8932'51 "W
S52'C5 RAD: 418.31' 2136.42'
7ARC: 208.37' 'W°
CH: 206.22'
CHB: S 38'25'25"W W °
° rn
DELTA:
R
28'32'27"
THE NORTH 1/2 OF THE NE 1/4 n
o?
a
RAD: 268.31 SEC 16, TWP 29 S. RGE 16 E po c
ARC: 243.90' c
CH: 235.59' Z U
HB: S26'39'08"W
C U)
52'04'59"
DELTA- U-
10250 ACRES °
MORE OR LESS RAD: 25.00' Z
ARC: 37.46'
C4 CH: 34.05' in S68'13'01 "E
a RAD: 25.00' DELTA: 85'51'05" W
w 3 ARC: 39.24' 15
M in C3 CH: 35.34'
o ° U.) RAD: 5475.83' CHB: N19'53'43"E p0 C4
m P n ARC: 150.00' DELTA: 89'56'13" \'55' Ch
w a C2 CH: 150.00' ?0
p to CHB: N83'22'38"E U
DELTA: 01'34'10"
RAO: 5525.83' \-? GOVT
ARC: 151.37' CLEARWATER ` LOT 1
Cl CH: 151.36' GOVT LOT 3 GOVT LOT 4 q CHRISTIAN
CHB: S83'22'38"W I COLLEGE
DELTA: 01'34'10"
i ? ?p,?9?yI G7 I ,?
3 344.66' p2' TAMPA BAY
Ck: s's?j POINT OF BEGINNING i -- ??
`s? 20 ?nm? P
EASTER eo °o I o -??r9?•V.
mum=
TRACT PER -9
ORB 16135, PG 2664 C
o 2 4"W
43 m C7 S82'35 3
R/W Cl 828.46' ti
STATE ROAD Br3o
LVD
RAD: 5525.83' GULF T PBELL CAUSEWAY
ARC: 488.01' COURTNEY
CH: 487.85" DAMS CAUSEWAY POINT OF REFERENCE
CHB: N86'41'32"E
DELTA: 05'03'36"
FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3
FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3
WADE TRIM SKETCH & DESCRIPTION
A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA
LB 12232 X17565 Phone: 386-274-1600 Fox: 386-274-1602 102.50.DWG SHEET 1 OF 3 1" = 400'
Revised Exhibit A
Page 5 of 6
SKETCH AND LEGAL DESCRIPTION
LINE TABLE
LINE LENGTH BEARING
Ll 50.00 N05.50'16'W
L2 75.89 N82'35'34'E
L3 17.60 N18.25'35'E
L4 11.75 N66'10'36'W
L5 36.90 N07.24'44'E
L6 34.57 N27.46'297E
L7 26.14 N22.06'03'E
1-8 21.03 S85'27'49'E
L9 47.05 N00.22'32'W
L10 10.17 N76.03'09'W
Lll 49.43 N09'14'50'W
L12 49.13 N21.51'04'W
L13 15.55 N61'45'36'W
L14 36.76 N39'48'21'W
L15 38.04 N03'51'29'E
L16 39.77 N01.01'26'W
L17 22.62 N39'14'16'W
L18 6.68 N02.01'50'E
L19 21.83 N48'07'04'E
L20 23.22 N23.43'08'W
L21 17.15 N60'13'20'E
L22 10.05 N06.42'31'E
L23 13.11 N41'29'06'W
L24 25.74 N45.22'31'E
L25 23.82 N63'18'48'E
L26 49.94 N53.55'07'E
L27 56.85 N00'16'34'W
L28 180.68 N89'43'26'E
L29 107.99 N00'16'34'W
L30 17.99 N89.43'26'E
L31 68.66 N00.56'49'W
L32 71.74 N14.00'29'W
L33 31.35 N14.13'49'W
L34 148.53 N25'04'24'W
L35 47.65 N64.51'49'E
L36 61.06 N55.02'03'E
L37 52.20 N61.14'38'E
L38 37.84 N63'49'28'E
L39 92.52 N70.222WE
THIS SPACE RESERVED FOR
RECORDING INFORMATION
L40 104.72 N68.51'27'E
L41 63.57 S25.17'28'E
L42 40.81 N36'18'39'E
L43 19.77 N29'55'15'E
L44 18.51 N66'58'31'E
L45 27.81 S85.43'35'E
L46 24.66 N71.55'13'E
L47 30.63 N52.06'00'E
L48 204.74 S89'49'20'E
L49 9.09 N62.13'50'E
L50 26.32 N21'46'43'E
L51 28.03 N34'38'33'W
L52 36.60 N40'45'36'W
L53 47.45 S85'40'57'W
L54 17.54 N42.47'16'W
L55 11.80 N21.20'23'E
L56 23.76 N89.08'03'E
L57 9.50 N47.26'36'E
L58 27.47 N06'22'13'E
L59 22.62 N78.25'27'E
L60 14.18 N46.51'13'E
L61 20.43 S49'55'47'E
L62 25.83 S23.46'33'E
L63 56.43 N71.05'46'E
L64 9.36 S38'52'30'E
L65 24.28 S67.05'16'E
L66 24.29 N33'07'17'E
L67 28.70 S69'05'02'E
L68 30.96 S24'08'40'E
L69 8.64 S20.16'44'E
L70 11.51 S87.50'35'W
L71 19.46 S26.48'43'W
L72 19.13 S23.25'49'W
L73 24.18 Sll'23'43'E
L74 17.83 N49.11'46'E
L75 34.97 N82'59'36'E
SURVEYOR'S NOTES:
1. BASIS OF BEARINGS. ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING 58235.34"W.
2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED).
3 THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A
FIELD SURVEY.
4. THIS IS NOT A BOUNDARY SURVEY.
WADE TRIM
CIVIL ENGINEERING do LAND SURVEYING SINCE 1976
1410 IPGA Blvd., Suite 148, Daytona Beach, FL 32117
LB 12232 (7565 Phone. 386-274-1600 Fax: 386-274-1602
SKETCH & DESCRIPTION
DATE; OCTOBER 5, 2010
MIT AREA
102.50.DWG SHEET 2 OF 3 KJK
Revised Exhibit A
Page 6 of 6
LEGAL DESCRIPTION
SKETCH AND LEGAL DESCRIPTION I THIS SPACE RESERVED FOR
A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH A
OF THE NORTHEAST X OF SAID SECTION 16, PINELLAS COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS.
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL
CAUSEWAY AND DAMS CAUSEWAY) FOR A POINT OF REFERENCE: THENCE S02-35.34-W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
FOR A DISTANCE OF 821146 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF
5525.83 FEET, AN ARC LENGTH OF 151.37 FEET. A CENTRAL ANGLE OF 01'34'10 A CHORD BEARING OF S83'22'38'W AND A CHORD
DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16"W FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE;
THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE
OF 01'3410", A CHORD BEARING OF N83'22'381 AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE
N82'35'34'E FOR A DISTANCE OF 75.89 FEET; THENCE NIB-25'35'E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36'W FOR A
DISTANCE OF 11.75 FEET, THENCE N0724.44-E FOR A DISTANCE OF 36.90 FEET, THENCE N27'46'29'E FOR A DISTANCE OF 34.57
FEET; THENCE N22 U6'03'E FOR A DISTANCE OF 26.14 FEET; THENCE S8527'491 FOR A DISTANCE OF 21.03 FEET; THENCE
NOO'22'32`W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09-14.50'W FOR,A
DISTANCE OF 49.43 FEET; THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET; THENCE NSI-45.36'W FOR A DISTANCE OF 15.55
FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET, THENCE N03'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE
N01'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50'E FOR A
DISTANCE OF 6.68 FEET. THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET. THENCE N23'43'08'W FOR A DISTANCE OF 23.22 FEET;
THENCE N60'13'20'E FOR A DISTANCE OF 17.15 FEET, THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06"W FOR
A DISTANCE OF 13.11 FEET, THENCE N4522'31'E FOR A DISTANCE OF 25.74 FEET. THENCE N63-18.48-E FOR A DISTANCE OF 23.82
FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET, THENCE N00'16'34'W FOR A DISTANCE OF 56.85 FEET; THENCE
N89'43'26'E FOR A DISTANCE OF 180.68 FEET; THENCE. NOO'16'34'W FOR A DISTANCE OF 107.99 FEET; THENCE N8943'26'E FOR A
DISTANCE OF 17.99 FEET; THENCE NOO'56'49"W FOR A DISTANCE OF 68.88 FEET; THENCE N14100'29'W FOR A DISTANCE OF 71.74
FEET; THENCE N14'13'49'W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24'W FOR A DISTANCE OF 148.53 FEET TO A POINT OF
CURVATURE: THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET. A
CENTRAL ANGLE OF 89'5031; A CHORD BEARING OF N19'53'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY;
THENCE N6451'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38'E FOR
A DISTANCE OF 52.20 FEET; THENCE N63-49.38-E FOR A DISTANCE OF 37.84 FEET; THENCE N7022.20-E FOR A DISTANCE OF 92.52
FEET. THENCE N6851-27-E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE. THENCE ALONG SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51-05 A CHORD BEARING OF
S68'13'01'E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25'17'28'E FOR A DISTANCE OF 63.57 FEET;
THENCE N36'18'39'E FOR A DISTANCE OF 40.81 FEET; THENCE N29-55.15-E FOR A DISTANCE OF 19.77 FEET; THENCE N66-58.31-E FOR
A DISTANCE OF 18.51 FEET; THENCE S85'4335'E FOR A DISTANCE OF 27.81 FEET; THENCE N71.55'13'E FOR A DISTANCE OF 24.66
FEET; THENCE N52'06'00'E FOR A DISTANCE OF 30.63 FEET: THENCE S89'49'20'E FOR A DISTANCE OF 204.74 FEET; THENCE
N62'13'50'E FOR A DISTANCE OF 9.09 FEET. THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A
DISTANCE OF 21103 FEET; THENCE N40'4536'W FOR A DISTANCE OF 36.60 FEET. THENCE S85'40'57'W FOR A DISTANCE OF 47.45
FEET; THENCE N42'47'16'W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE
NB9'MO3'E FOR A DISTANCE OF 23.76 FEET, THENCE N47-26.36-E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13'E FOR A
DISTANCE OF 27.47 FEET; THENCE N78-25.27-E FOR A DISTANCE OF 22.62 FEET. THENCE N46-51.13-E FOR A DISTANCE OF 14.18 FEET;
THENCE S49'55'47'E FOR A DISTANCE OF 20.43 FEET; THENCE S23'46'33 E FOR A DISTANCE OF 25.83 FEET. THENCE N71'05'46'E FOR
A DISTANCE OF 56.43 FEET; THENCE S3852'301 FOR A DISTANCE OF 9.36 FEET. THENCE S67105'16'E FOR A DISTANCE OF 24.28
FEET; THENCE N33'07'17'E FOR A DISTANCE OF 24.29 FEET; THENCE S69'05'02'E FOR A DISTANCE OF 28.70 FEET; THENCE
S24'08'40'E FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'44'E FOR A DISTANCE OF 8.84 FEET. THENCE S8750'35'W FOR A
DISTANCE OF 11.51 FEET; THENCE S26'48'43'W FOR A DISTANCE OF 19.46 FEET; THENCE S23'2549'W FOR A DISTANCE OF 19.13 FEET;
THENCE S11'2343'E FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'46'E FOR A DISTANCE OF 17.83 FEET; THENCE N02"39'36 E FOR
A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH. RANGE 16 EAST. THENCE NOO'00'D0'E
ALONG SAID SECTION LINE FOR A DISTANCE OF 1042.60 FEET TO THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID
EAST LINE ALONG SAID NORTH LINE N8932'51'W FOR A DISTANCE OF 2136.42 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID
CURVE TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET, A CENTRAL ANGLE OF 28'32'277, A CHORD
BEARING OF S38'25'25'W AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE 552'41'38 W FOR A DISTANCE
OF 97.82 FEET; THENCE NOW32'51'W FOR A DISTANCE OF 81.65 FEET; TO THE EASTERLY RIGHT-OF-WAY LINE OF SAYSHORE
BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE S52'42'01'W FOR A DISTANCE OF 73.01
FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF
243.90 FEET. A CENTRAL ANGLE OF 52'04!59-, A CHORD BEARING OF S26'39'08'W AND A CHORD DISTANCE OF 235.59 FEET TO A
POINT OF TANGENCY; THENCE SOO'37-03'W FOR A DISTANCE OF 1378.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE
EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE
DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S8922'57'E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344.66 FEET: THENCE
CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S52'12'03'E FOR A DISTANCE OF 572.80 FEET: THENCE SOO'46'40'E FOR A
DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON-TANGENT
CURVE; THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT
HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05'03'36", A CHORD BEARING OF
N86'41'32'E AND A CHORD DISTANCE OF 487.65 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 102.50 ACRES. MORE OR LESS.
1 HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA 1???? ?f JV+?tfV(Gfin.,?
BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER KENNETH J. KUHAR
5J-17.050 THRU 17.052 FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYOR/MAPPER 16105
WADE TRIM SKETCH & DESCRIPTION
CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010
1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA
LB 12232 17565 Phone: 386-274-1600 For 386-274-1602 102.50.DWG SHEET 3 OF 3 KJK
Revised Exhibit B
[Revised Master Plan]
Revised Exhibit "C"
Mitigation Plan
Developer agrees to mitigate the impact of the development that may occur in existing
wetland areas pursuant to this Agreement, state and federal permitting agency
requirements. Developer shall:
1. Upgrade entire site's stormwater facilities within the Master Plan Area. These
upgrades will include but are not limited to:
• Providing water quality treatment for the parts of the campus that
discharge untreated stormwater directly into the surrounding mangroves
and Tampa Bay;
• Improve the effectiveness of the existing wet treatment pond adjacent to
Cathcart Hall by eliminating its ability to commingle stormwater runoff
with daily tidal inflows/discharges; and
• Eliminate frequent nuisance flooding within some of the parking area,
classroom and administration buildings.
2. Make application to Southwest Florida Water Management District (SWFWMD)
and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank
within 60 days of final approval by the City of this Amendment. The proposed
Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay
area water basin. The credits will be derived not from the creation of new mangrove area
where none currently exists, but restoration of existing mangrove habitat that, depending
on location, is moderately to severely-impacted by sedimentation, mosquito ditch
dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and
Coopers Bayou. The restoration effort will focus on improving flows through the
mangrove by upgrading the culverts under Damascus Road, removing sediment and
muck, and sculpting the sides and bottoms of select mosquito ditches, creating a
branching system of tidal creeks that improves ambient water quality and ecological
habitat. Secondary effects of the branching creek system will occur through improved
daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange
characteristics that existed before the construction of the Courtney Campbell Causeway;
and improving the flow characteristics within the mangrove by demucking, widening and
creating a branching tidal creek system within the mangroves. The Mitigation Bank shall
be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62-
342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate
mitigation strategies necessary to achieve the maximum mitigation within the Mitigation
Area. An appropriate number of credits would be used to compensate for wetlands
impacts associated with the Developer site improvements.
3. Place a conservation easement over the Mitigation Area, in conjunction with city,
state and federal permitting. In the event the state and federal agencies approve the
Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation
Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the
event the City does not wish to take ownership of the Mitigation Area, to another
government or conservation organization, in fee simple, for the purpose of expanding the
Coopers Point Nature Park recreation area (subject to approval of the USACOE and
SWFWMD).
4. In the event the state and federal agencies do not approve the Mitigation Bank, or,
in the event approves the Mitigation Bank but does not rate the proposed restoration
adequately high, limiting the number of credits available for purchase to the extent that
the Mitigation Bank is not financially viable, Developer agrees to proceed with individual
mitigation projects, as permitted by the State. Such activities may include:
a) Upgrading the existing culverts under Damascus Road to improve daily tidal
flows through the existing mangrove;
b) Removing muck from select mosquito ditches within the existing mangrove to
improve tidal flow and/or ecological habitat;
c) Removing sediment and muck along an alignment of select mosquito ditches to
simulate a branching system that improves tidal flow and ecological habitat.
Secondary effects of a branching tidal creek system will improve daily tidal
exchange in Coopers Bayou and partially restore its natural hydrologic
characteristics.
2
Revised Exhibit D
[Future Land Use and Zoning Maps]
Amendment to Development Agreement
Page 3
ADOPTED
0 250 500
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PROPOSED CAMPUS
ZONING
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proposed In imoror
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lax Drtiy Re6d.lW Dl,M.t
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