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PSP96-18
PSP96-18 2575 GULF TO BAY BLVD LUBY'S CAFETERIA National Society of Professional Engineers Florida Engineering Society American Society of Civil Engineers Florida Surveying and Mapping Society American Congress on Surveying and Mapping Institute of Transportation Engineers Florida Planning and Zoning Association National Association of Enviromental Professionals Engineers -Surveyors -Planners August 28, 1996 Mr. Allen V. Mahan Central Permitting Coordinator City of Clearwater Central Permitting Department P.O. Box 4748 ~T~' Clearwater, Florida 34618 o~-s ~~ Re: Luby's Cafeteria - U.S. Highway 19 and Gulf-to-Bay Boulevard Site Plan Review Dear Val: ~ S ~ ~ ~o'f ~ ~~ia-~ 133 Enclosed please find the information listed below regarding the Site Plan for the captioned project. 1. Twelve (12) blueprints (24" x 36" - 1 sheet) of the Site Plan for the proposed Luby's Cafeteria Restaurant to be constructed at the above referenced project. 2. One (1) endorsed copy of the City of Clearwater Application for Site Plan Review, with attachments. 3. A Site Plan review fee check in the amount of $450.00 ($250.00 plus $50.00 per acre, plus $100.00 for the sign) made payable to the City of Clearwater. It is our understanding that this project will be scheduled for the Development Review Committee Meeting of Thursday, September 12, 1996 at 9 A.M. Prior to the DRC Meeting, you will let us know when the public hearing advertising sign which will be prepared by the City is ready. We will then pick up the sign, and have it posted in front of the proposed Luby's site. Please contact Tom Radcliffe, P.E., Sandy Lloveras, P.E. or myself if you need additional information regarding this project. _ _ _ Very truly yours, _ Sandra Leahy ~~ ~/~ Permit Project Manager STEVENS L1Vll ~l]VLJ %/ ~ MDM Services, Inc. Engineering and Environmental Micha .Lloveras, P.E., P.L.S. Tel: (863) 646-9130 • Fax: (863) 648-1106 3706 D.M.G. Drive • Lakeland, Florida 33811 MSL:am/lubycl t_gpp_ggg_ i ~g,q e-mail: sandra.leahy~mdmservices.com enclosures cc: Carl Cheaney w/enclosures and one print of plan Tom VanBuskirk w/enclosures and one print of plan Paul Hesson w/enclosures and one print of plan Florin Popa w/enclosures and one print of plan 29228 U.S. Hwy. 19 North • Clearwater, Florida 34621 Pinellas: (813) 784-3965 Pasco: (813) 842-7635 Fax: (813)784-8153 ' CENTRAL PERMITTING DEPARTMENT "' 4 ,~ ~ 10 S. MISSOURI AVENUE Property owner of Record: =- ~ CLEARWATER, FL 34616 walmart Stores, Inc. ~~ 702 S.W. 8th Street, Telephone: 462-6567 -Fax: 462-6476 Suite 6420 APPLICATION FOR SITE PLAN REVIEW Bentonville, AR 72716 Applicant (Owner of Record: Luby's Cafeterias, Inc. Phone: 1 512 ) 654-9000 Address: 2211 Northeast Loop 410 City: San Antonio State: TX Zlp; 78217 Representative: Lloveras, Baur and Stwens Telephone: J 813 ) 784-3965 Address: 29228 U.S. Hwy. 19 North City: Clearwater State: FL Zip: 34621 and Stevens Preparer of Plan: S "Sandy" Lloveras, Lloveras, Baur Professional Title: Professional Engineer Address: 29228 U.S. Hwy. 19 North City: Clearwater State: FL Zip: 34621 Teiephone:l 813) 784-3965 Title of Proposed Site PlanlProject: Luby's Cafeteria - U.S. Hwy. 19 and Gulf-To-Bay Blvd. Parcel Number: 18 / 29 / 16 / 00000 / 410 /Part of 0100 and 0300 General Location and Address(if known) of Property: Proi~erty is located at the southwest corner of the intersection of U.S. Hwy. 19 and Gulf-To-Bay Blvd. Zontng: Commercial Highway Existing Use of Property: Parking lot for Sam; s Club Store Proposed Use of Property: Luby' s Cafeteria Restaurant If variances andlor conditional uses are involved, explain (if more space required attach separate sheet): N/A YOU MAY BE SUBJECT TO A PARKS AND RECREATION FEE: City Code of Ordinances, Secs. 54.01 - 54.35 requires a parks and recreation impact fee to be paid for all nonresidential projects over 1 acre in size and ail residential developments. Hes this property complied with these ordinances? If yes, explain how and when: Land area included in Sam's Club Site Plan. Any required fee was paid at that time. Assessed just value of property (attach verification): Most recent sales price (attach verification): As of (date): Your Fee for this Site Plan Review is 3 450.00 .Please submit that amount with this completed applcation. The applicant, by filing this application agrees to comply with Section 43.21 of the City's Land Development Code. THAT SECTION 15 ATTACHED FOR YOUR INFORjI~IATION_AND COMPLIANCE. ~ Signature': Jol}n Finch, Vice President _ •If the application is signed./. by n Individual other than the property owner (e.g. the representative), please attach a statement signed by the property owner autf~o tng this individual to sign the application. 1) THE SITE PLANS MUST BE DRAWN WITH THE NORTH ARROW TO THE TOP OF THE PAGE. 2) THE SfTE PLANS MUST BE FOLDED TO NO LARGER THAN 9" x 12". 3) SITE PLANS SUBMITTED SHOULD BE LIMITED TO ONE PAGE IF AT ALL POSSIBLE. 4) SUBMIT 16 COPIES OF THE SITE PLAN FOR REVIEW WITH THIS APPLICATION. Use Plan Classification: Commercial General Revised 9/: .., ~- ., ~. i CITY ~ ~ Ur CLE! WATER SEF.O~'Y~ i 1 F'L~',TS i r 4 5u.~t0 ` '' IUTL 4Cl.uO f.~~o;~~'8 0?n53 FLATS 450.00 TOTL 450. [~l ~:~Ir0~:53SEF.Cl4'96CHCF; 450.00 LICE 04 ~ ~~~~, C-- ~ ---------- ~;35'd ~2C ~~- ~~~ S ~G~ LETTER OF AUTHORIZATION RE: LUBY'S - US 19 & GULF TO BAY CLEARWATER, FLORIDA This letter hereby authorizes Mike Lloveras, (Lloveras, Baur, & Stevens) to act as agent on behalf of the property owner, Wal-Mart Stores, Inc. / Dana Point Investments, Inc. as contract holder, in the procurement of permits and approvals for the property described in the attached legal description (Exhibit A). The agent may act on behalf of the owner in all matters related to site plans, permits, approvals, and in general, any activity related to the development of the captioned project on the site described in the attached Exhibit A. Executed this ~~-~ day of ~r- <. ,~~~;~ Investments, Inc.(Contract Hol~~erY Greg A . P President 19~~ by Dana Point Dana Point Investments, Inc. Contract Holder STATE OF COUNTY OF The foregoi instrument was acknowledged before me this a~ ~`~_ ~ day of /~ ~ _> c~- ~ ?~` 19~ by ~~~'~G' ~, /~/~L~`~-~ , who is personally known to me and who did take an oath. '~ .. ~ / // BARBARA HENKHAUS : ~ ' *' *' My Commission CC36527Ei ~rApr. 18 lygg Notary Public ,rl ~ '~'oF aoP~ , Oonded by HA1 '422.1555 ~~7 -~ / -,~ /~/ >/i /'~=f~sl ~--.i ~%l~j~~` ~ ~ ~ ~ -_ Print or type name My Commission expires: AGREEMENT OF SALE T is A reement of Sale (the "Agreement") is dated as of the ~~t~'Qiay of 9 1996, between WAL-MART STORES, INC., a Delaware corporation (the "Seller"), and DANA POINT INVESTMENTS, INC., a Florida corporation, whose business address is: 817 Douglas Avenue, Suite 177, Altamonte Springs, Florida 32714 (the "Purchaser"). WITNESSETH: That in consideration of the covenants and agreements of tfie respective parties as hereinafter set forth, Seller shall sell and Purchaser shall purchase a certain tract of land identified as the Property on the site plan attached hereto as Exhibit "A" attached hereto and made a part hereof, and as legally described on Exhibit "B", attached hereto and made a part hereof, located in or near the City of Clearwater, County of Pinellas, State of Florida havin a frontage on the U.S. 19 On-Ramp and containing 1-a-~ cres more or less~~' ~9~.~a...-~~ 9 together with all improvements thereon, easements and rights appurtenant thereto and all of Seller's right, title, and interest in any public rights-of-way adjoining the property (with the land collectively called the "Property"); The following terms, provisions, and conditions are further agreed to: 1. Purchase Price. The purchase price for tl~e Property shall be ~ ~ ~ (the "Purchase Price") payable as follows: (a) (the "Deposit„), Paid by Purchaser to Seller contemporaneously with tl~e execution of this Agreement by Purchaser, and to be deposited in escrow with Commonwealth Land Title Insurance Company, Attention: Douglas R. Nelson, Wellington Centre, 14643 Dallas Parkwayr Suite 770, LB-61, Dallas, Texas 75240 ("Escrow Agent"); Purchaser's Federal I.D. Number is: S 1-.3 3,3 S9 3 Z ,and must be provided for the Deposit to be invested in an interest bearing account; and (b) On the following the date of this Agreement, Purchaser may deposit an earnest money with the Escrow Agent to extend the Closing of this Agreement byrr~ and (c) The balance of the Purchase Price shall be received by the Escrow Agent by federal wire transfer at or before 3:00 P.M. Central Standard Time on the day of Closing and shall be paid to Seller on the date of Closing by federal wire transfer. (d) Unless expressly stated in this Agreement, Deposits shall be applied to the Purchase Price and non-refundable except in the case of Seller default or as provided in Sections 24 and 28. Z. Effective Date. The date on which the final signature is affixed to this Agreement shall serve as the first day of this Agreement, and shall hereinafter be referred to as (the "Effective Date"). 3. Survey. Purchaser, at Purchaser's expense, shall obtain a current survey of the Property prepared by a registered surveyor (the "Survey") within one hundred twenty (120) days after the Effective Date of this Agreement. Said Survey shall show the area, legal description, dimensions, and location of the Property to the nearest monuments, streets and alleys on all sides, the topography, the location of all available utilities in adjoining streets, alleys, or property, the location of all improvements and encroachments if any, and the location of all recorded easements against or appurtenant to the Property. Within ten (10) days after Purchaser receives the Survey, Purchaser shall furnish to Seller a copy of the Survey. Purchaser shall have twenty (20) days from receipt of said survey to review and accept any easements, encroachments, right of way, or other impediments to development as indicated on the survey. Should Purchaser fail to accept any easements, encroachments, other impediments to development, or any matters shown on the survey, it shall give notice to Seller within the period indicated above and Seller shall have thirty (30) days after such notice to correct such deficiencies. If such deficiencies are not resolved within that time, or if Seller elects not to resolve such deficiencies, Purchaser, at Purchaser's sole option, may provide written notice of its waiving of any such objections and proceed to close or Purchaser may terminate this Agreement, in which event the deposits shall be refunded to Purchaser. The Property which is identified on Exhibit A, hereto attached, and further described on Exhibit B, also hereto attached and made a part hereof, is part of a larger parcel requiring subdivision to legally establish the opposed Property lines. Purchaser shall cause the preparation of a draft subdivision plat of the Property for Seller's review, and Seller shall have ten (10) days thereafter for final review and comment. Purchaser shall directly thereafter ,.:,, submit said subdivision for City processing and approval. Purchaser shall be responsible for preparing the subdivision plat in a manner suitable for meeting the subdivision ordinance requirements of the City of Clearwater. Preparation of the recordable subdivision plat of the Property shall be the expense of the Purchaser. On or prior to the recordation of the Special Warranty Deed, the Purchaser shall cause the subdivision plat to be duly recorded in the Clerk of the Circuit Court's office for the City of Clearwater or the County of Pinellas, whichever is the appropriate authority, and a map book to be referenced in the Deed. Seller shall be under no obligation to record the Deed in advance of the date of Closing. If after the subdivision plat has been recorded Purchaser does not close on the Property, whether Purchaser defaults or has an express right to terminate this Agreement, then Seller, at its 2 sole and unfettered discretion, may cause Purchaser, at Purchaser's expense, to replat Seller's tract, including the Property, to reflect the original condition which existed prior to this Agreement. 4. Title Insurance. Purchaser, at Purchaser's expense and within thirty (30) days after receipt of the Survey, shall order a standard form ALTA Owner's Title Commitment (the "Commitment") covering the Property, to include the Access Easement in Section 26, and issued by Commonwealth Land Title Insurance Company (the "Title Company"), together with copies of all instruments, if any, referred to in the Commitment as exceptions to title. Seller agrees to cooperate with Purchaser on the removal of standard exceptions, which shall be a condition of closing; however, the expense of additional/extended coverage and/or the expense of deletion of standard exceptions, if any, shall be the responsibility of the Purchaser. If reasonable and substantial exceptions appear in the commitment, other than the standard pre-printed exceptions, which are objectionable to Purchaser, Purchaser shall, within twenty (20) days after Purchaser receives the Commitment, notify Seller in writing of such Fact. Upon the expiration of said twenty (20)-day period, Purchaser shall be deemed to have accepted all exceptions to title as shown on the Commitment (except for any matters to which notice under the preceding sentence has been given to Seller) and such exceptions not objected to by Purchaser as provided above shall be known as permitted exceptions (the "Permitted Exceptions"). Seller shall, within thirty (30) days of receipt of said notice of exceptions clear the title of the objections so specified. If such deficiencies are not resolved within that time, or if Seller elects not to resolve such deficiencies, Purchaser, at Purchaser's sole option, may provide written notice of its waiving of any such objections and proceed to close or Purchaser may terminate this Agreement, in which event the deposits shall be refunded to Purchaser. 5. Deed. At the Closing, Seller shall, at Sellers expense, deliver to Purchaser a Special Warranty Deed conveying marketable and insurable title to the Property, subject to ,•.r Permitted Exceptions. and reciting and incorporating the covenants, conditions, and restrictions set forth in Section 23 of this Agreement. It is further understood and agreed that the covenants, conditions, and restrictions set forth in Section 23 shall run with the land and that such insertions of such covenants, conditions, and restrictions in such deed shall be deemed a part of the consideration of this Agreement. Any unrecorded public or private easements, if any, directly affecting the Property shall be so noted on the draft subdivision plat as well as the recordable subdivision plat for purposes of recordation at Closing and settlement. 6. Condemnation. If, prior to the Closing, all or any part of the Property shall _ be condemned by governmental or other lawful authority, Purchaser shall have the option of 3 either (i) completing the purchase, in which event all condemnation proceeds or claims thereof shall be assigned to Purchaser, or (ii) canceling this Agreement, in which event all Deposits shall be returned to Purchaser and this Agreement shall be terminated with neither party having any rights against the other, and Seller shall be entitled to any and all condemnation proceeds. 7. Condition of Propertv. No representations or warranties have been made by Seller or anyone in its behalf to the Purchaser as to the physical condition of the Property hereinbefore described or any improvements thereon erected, and it is understood and agreed that the Property is sold "as is" at the time of Closing. S. Plan of Development. Prior to commencement of any construction by~ Purchaser of any buildings or improvements on the Property, Purchaser shall submit in duplicate, site, utility, and grading plans showing exterior elevations, the placement of Purchaser's buildings and other improvements, including signage with pylon sign, with setbacks from lot lines, location and dimensions of parking areas and spaces, driveways, service areas, and landscaping prepared by certified engineers and conforming with the ~` provisions set forth in Paragraph 23 herein (the "Development Plan"), to Seller for its ~ ~ ~ approval. Seller shall have fifteen (15) days after receipt of the Development Plan from ~ -^• -t- r, -~- F. 0 Purchaser to approve or disapprove the Development Plan in writing. if the Development ~ - ~ 2--~ s - Plan is disapproved by Seller, Seller shall give the reasons for such disapproval, and Purchaser shall resubmit to Seller a revised Development Plan incorporating Seller's ~ suggested revisions within thirty (30) days from the date of Purchaser's receipt of Seller's ~ ~ - n disapproval, and the same time schedule as mentioned above shall be repeated until the ~ Development Plan is approved. This Paragraph 8 shall survive the Closings- ~ ~ 9. Taxes and Assessments. Real property taxes, water rates, and sewer ~ - T__ charges and rents for the then current calendar year, if any, shall be prorated and adjusted ~ ~~- on the basis of thirty (30) days to each month. Purchaser is responsible for taxes for the ~ ~ --f- ~,L ~ ~ ..,,, period after the date of Closing. If the Closing shall occur before the tax rate is fixed on the N re ~ n ~. ~ then-current year, the apportionment of taxes shall be upon the basis of the tax rate for the n' preceding year applied to the latest assessed valuation. Assessments for improvements, ~~ ~\ either general or special, that have been assessed prior to the date of Closing, shall be paid ~ ~ ~ ~ ~ . in full by Seller. If real property taxes for the Property are not separately assessed and area ~ ~ ~.:. part of Seller's larger tract, the proration of taxes shall be a credit to Seller at Closing. All c_ ~ s- n~ ~ ~: other assessments shall be paid by Purchaser. tr ~~ ~ ~ ' 10. Transfer. Sales Taxes and Fees. The expense and cost of all Federal, N ~ ~ ~ state, and local documentary or revenue stamps, transfer, sales and other taxes (except '~ (~l`1 ~` m income taxes), if any, relating to the sale of the Property shall be paid by Purchaser on the ?G `~ 4 -~. r~ date of Closing. Both parties agree to execute any tax returns required to be filed in connection with any such taxes. Any impact, user, standby, connection, or other fee related to the Property or its development shall be tl~e responsibility of Purchaser. 11. Default. (a) If Purchaser fails or refuses to comply fully with the terms of this Agreement for any reason, Seller shall send notice (no notice is required for breach of its obligations at the Closing) and if Purchaser fails to cure or complete the performance required within five (5) days thereafter, Seller may, at its option, either (i) rescind this Agreement and retain the Deposit as liquidated damages, or (ii) pursue a suit for specific performance. (b) If Seller fails or refuses to comply fully with the terms of this Agreement for any reason, Purchaser shall send notice (no notice is required for breach of its obligations at the Closing) and if Seller fails to cure and complete the performance required within five (5) days thereafter, Purchaser may, at its option, either (i) rescind this Agreement whereupon the Deposit will be refunded to Purchaser or (ii) pursue a suit for specific performance. 12. Right of Entry. At any time and from time to time prior to the Closing, and at Purchaser's sole expense, Purchaser or its authorized agents shall have the right to enter upon the Property for any lawful purpose, including, without limitation, making surveys and site analyses, test borings, and engineering studies. Purchaser agrees to indemnify and hold harmless Seller from any damages or liability to persons or property that might arise therefrom, and Purchaser agrees to repair, or pay to Seller the cost of, any damages caused to the Property or Seller's adjacent tract of land by such entry. The provisions of this paragraph shall survive the Closing or earlier termination of this Agreement. 13. Assignment. Either Purchaser or Seller shall be allowed to assign this Agreement or any right granted herein without the written consent of the other party, so long as the assigning party remains liable for the terms and conditions of this Agreement and so long as such assignment is subordinate to the restrictions set forth in Paragraph 23. ,,;,, 14. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by a nationally recognized overnight service, and shall be considered given upon receipt, addressed as follows: If to Seller: Wal-Mart Stores, Inc. Development Division 8710 701 South Walton Boulevard Bentonville, AR 72716-8710 Attn: Rhonda Morris Phone: 501 /273-6804 Fax: 501 /273-6542 If to Purchaser: Dana Point Investments, Inc. 817 Douglas Avenue, Ste 177 Altamonte Springs, FL 32714 Attn: Gregory A. Palka Phone: 407/332-0060 Fax: 407/332-0032 5 15. Closing. The Closing shall take place at the office of the Title Company or at a place and time mutually agreed upon by the parties within ten (10) days after all conditions of this Agreement are satisfied, but shall not exceed one hundred eighty (180) days from the Effective Date of this Agreement, unless extended pursuant to Paragraph 1(b), at which point the date of Closing shall not exceed two hundred seventy (270) days after the Effective Date of this Agreement (the "Closing"). 16. Closing Costs. Purchaser shall pay all closing costs not specifically set forth herein to be the responsibility of Seller. 17. Time of Essence Acceptance. Time is expressly declared to be the essence of this Agreement. Seller shall have fourteen (14) days from the date of receipt of this Agreement to accept and agree to the terms and conditions herein. 18. Entire Agreement. This Agreement contains the entire agreement between Purchaser and Seller, and there are no other terms, conditions, promises, undertakings, statements or representations, express or implied, concerning the sale contemplated by this Agreement. 19. Headings. The headings to the Sections hereof have been inserted for convenience of reference only and shall in no way modify or restrict any provisions hereof or be used to construe any such provisions. 20. Modifications. The terms of this Agreement may not be amended, waived, or terminated orally, but only by an instrument in writing signed by both Purchaser and Seller. 21. Attorney's Fees. If either party shall be required to employ an attorney to enforce or defend the rights of such party hereunder, the prevailing party shall be entitled to recover reasonable attorney's fees. 22. Successors. This Agreement shall inure to the benefit of and bind the parties hereto and their respective successors/heirs and assigns. 23. Covenants, Conditions;' and Restrictions. (a) Purchaser covenants that the Property will only .be used for purposes of the kind typically found in shopping centers, including, but not limited to, offices, restaurants, financial institutions, and retail shops, and for no other purpose without the written consent of Seller or its successors. Purchaser further covenants that the Property will not be used for a bar, tavern, dance hall, adult book store, movie theater, bowling alley, discount rack shoe store, automotive maintenance facility engaged in quick tube/oil changes, or any other business whose principal revenues are from the sale of alcoholic beverages, amusement, or entertainment, provided, however, that nothing herein shall prohibit the sale of alcoholic beverages if such sale is incidental to the principal business of operating a restaurant. 6 (b) Purchaser covenants that only one (1) one-story building shall be erected on the Property, which building shall be of a size which maintains the applicable ~7 -~-r.~e~ --~i'~ e~2 S) parking ratio set forth hereinbelow is maintained and shall not exceed-twent -(20) feet in height and the exterior of which shall not be constructed of metal. Purchaser covenants that in the event the Property is used for a restaurant, there shall not tie less than fifteen (15) parking spaces on the Property for every 1,000 square feet of floor building area thereon; for all other uses permitted hereunder there shall not be less than six (6) parking spaces per 1,000 square feet of floor building area on the Property. Purchaser covenants that only sign advertising business located on the Property may be erected thereon. The Property and all "' improvements erected or constructed thereon shall be maintained in good condition and repair. (c) All such covenants, conditions, and restrictions shall remain in effect either for so long as Seller or an affiliated company or its successors is either owner or lessee of real estate adjoining the Property or for fifty (50) years, whichever time period is less. The aforesaid covenants, conditions and restrictions shall run with the land and bind the Property and shall inure to the benefit of and be enforceable by Seller, or an affiliated company or its successors, by any appropriate proceedings at law or in equity to prevent violations of such aforesaid covenants, conditions and restrictions or to recover damages for such violations. 24. Conditions Precedent. Purchaser represents and Seller hereby acknowledges that Purchaser would be unable to use the Property for purposes other than the kind typically found in shopping centers (the "Intended Use"). Therefore, the purchase contemplated by this Agreement is subject to the following conditions and covenants: (a) Purchaser, with Seller's assistance but at Purchaser's expense, being able to obtain the approval of all public and governmental authorities to all matters relating to zoning, subdivision replatting, building permits, special use permits, liquor licenses, or similar requirements for the Intended Use, and its signage in accordance with Purchaser's development plans and specifications and local municipality standards. Purchaser covenants to try to obtain such approvals and permits in a diligent and expeditious manner. If Purchaser is unable to obtain such approvals and permits on or before Closing, Purchaser may rescind this Agreement, whereupon the Deposits will be refunded to Purchaser. (b) Water, electrical, natural gas, telephone and storm and sanitary sewer lines being located either on the Property, or on a public right-of-way adjacent thereto, and adequate for the Intended Use. If said utilities are not available as provided in the preceding sentence or are not adequate for The Intended Use, Purchaser may rescind this Agreement, whereupon the Deposit will be refunded to Purchaser. At the Closing Seller agrees to grant, nonexclusive perpetual utility easements, over and across Seller's property that may be adjacent to the Property, that may be necessary and convenient for Purchaser to make such utility connections to the Property. Said easements shall be at a location mutually acceptable to both Seller and Purchaser. Purchaser shall be liable for any damages caused to Seller's premises adjacent to the Property or to any other property or persons by Purchaser's installation, maintenance, repair, and use of any utility lines associated with 7 • such easements, but Purchaser shall not be responsible for any such damages so caused by a utility company. (c) If the Survey, as provided in Section 3, discloses any condition which renders the Property unusable for the Intended Use, Purchaser may rescind this Agreement and the Deposits will be refunded to Purchaser, provided, however, that Purchaser has exercised such rescission right by giving Seller written notice with evidence of such condition within twenty (20) days after Purchaser's receipt of the survey, or upon Seller's failure to correct deficiencies within the thirty (30) day cure period, as provided in Section 3. (d) If the results of the analyses, test borings, or studies pursuant to Section 12, disclose that the physical condition of the Property, including the existence of hazardous wastes and toxic substances, will prevent Purchaser from reasonably developing the Property for the Intended Use, Purchaser may rescind this Agreement, whereupon the Deposits will be refunded to Purchaser; provided, however, that Purchaser has notified Seller in writing with evidence of such unacceptable conditions within fifteen (15) days after Purchaser receives the results of such analyses, borings or engineering studies 25. Possession. Seller will turn over exclusive possession of the Property to Purchaser at Closing, as subject to the restrictions incorporated into the Deed, and other restrictions and easements of record. 26. Access Easement. (a) For no additional consideration, Seller agrees to grant to Purchaser at Closing a recordable non-exclusive easement, which shall run with the land, for pedestrian and vehicular ingress and egress over and across that portion of Seller's adjoining premises where identified as Access Area on Exhibit "A" ("Access Area") for access to and from the Property, to be used non-exclusively by Purchaser, its customers, suppliers, and employees. Purchaser shall not be allowed to use the Access Areas for heavy truck traffic except as may be necessary for developing the Property or delivering merchandise to the business operation to be located thereon. (b) Purchaser shall indemnify, defend and hold harmless the Seller from any damages or liability to persons or property that might arise from the use of the Access Area by Purchaser, its tenants, employees, customers or suppliers. Purchaser further agrees that Purchaser will at all times during...;the duration of this easement maintain and pay for comprehensive general liability insurance and Comprehensive Liquor Liability Insurance coverage affording protection to Seller and Purchaser naming Seller as an additional insured on the policy or policies for a combined bodily injury and property damage limit of liability- not less than $2,000,000.00. Purchaser further agrees, upon request to deliver to Seller a certificate or certificates from an insurance company or insurance companies reasonably satisfactory to Seller evidencing the existence of such insurance and naming Seller as an additional insured. (c) In the event Seller fails to maintain or repair the Access Area, Purchaser may do so at its expense, and Seller shall reimburse Purchaser for all reasonable 8 '- ~ / costs, provided Purchaser uses like or similar quality and type of materials originally installed by Seller on the Access Area, and further provided that Purchaser does not alter or change the grade or elevation of the Access Area without Seller's written consent. (d) Purchaser shall be entitled to install a minimum of two (2) 30-foot curb cut(s) between the Property and the Access Area approximately where indicated on Exhibit A. The exact location of said curb cuts shall be determined by Purchaser's approved Development Plan. (e) Purchaser agrees, at its sole cost and expense to pave any unpaved portion of the Access Area other than those paved areas shown on Exhibit "A" and that if, in the process of paving and developing the Access Area, Purchaser encounters any irrigation equipment previously installed by Seller in the Access Area, Purchaser agrees to disconnect and relocate any such equipment at its cost. If Purchaser encounters any utility lines under the Access Area, it agrees to encase said lines in order to protect same. If it is necessary for Purchaser to remove trees or any other type of landscaping, it agrees to relocate same adjacent to the Access Area in a location mutually acceptable to each party. (f) If, in the process of developing the Property, Purchaser damages, breaks, destroys, or in any way impairs the Access Area, or any other improvements of Seller, Seller in its sole discretion, may require Purchaser to either: (i) restore at Purchaser's sole cost and expense the Access Area, or Seller s improvements to its original quality and condition; or (ii) Seller may restore the Access Area, or improvements and invoice Purchaser - n CL ~ ~ ~ for Seller's costs incurred restoring the damaged Access Area, or improvements; whereupon ~ ~^ ~ Purchaser agrees to reimburse Seller within thirty (30) days of receipt of an invoice for such ~ v~ (L ? ~ expenses. ~ (g) Seller shall reserve the right to modify or relocate the Access Area ~ 4 ~ -~n ~ ~i provided any such modification or relocation does not materially restrict or prevent ingress ~ ~ ~- and egress to and from the Property. ~ ~) ~ r (h) Purchaser, at its expense, shall provide to Seller a legal description of -ti Rl ;~ Z - the Access Area when Purchaser obtains its Survey. -{- --n I B ~ ~ kers. Seller and Purchaser represent one to the other that no real estate 27. ~ ~ ~ agent or broker has negotiated this Agreement and each party agrees to indemnify the other ~ -}~ party against any claims by any real estate agent or broker that might arise from any ~ re ~ -c~ ` ~`~ brokerage commission agreements entered into by the indemnifying party. ~ ~ .~ 28. Replat• This Agreement is contingent upon Purchaser's receipt, from the rr~ j ~ n ~ appropriate authorities, of such authorities' approval of the replat of the Property. If Purchaser - is unable to receive approval to replat the Property, Purchaser shall notify Seller within thirty ~, ~----v ~ 7 (30) days of notice of such failure to receive approval and this Agreement shall terminate, the ~- ~ ~ 9 _ ~ _n c m Deposit shall be refunded to Purchaser and this Agreement shall be of no further force and effect. 29. Hazardous Waste. Purchaser represents and warrants that it will not, on or about the property, make, store, use, treat or dispose of any "hazardous substances" as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act, and the rules and regulations promulgated pursuant thereto, as from time to time amended (the "Act"), except as such may be sold by Purchaser in its business in compliance with the Act. Purchaser represents and warrants that it will at all times comply with the Act and any other federal, state or local laws, rules or regulations governing hazardous materials. Purchaser shall and hereby does indemnify and hold Seller harmless from and against any and all loss, damage, expenses, fees, claims, .costs, and liabilities, including, but not limited to, attorneys' fees and costs of litigation, arising out of or in any manner connected with the "release" or "threatened release" (as those terms are defined in the Act) of "hazardous substances", contaminants, oil or radioactive materials from the property or any portion or portions thereof, arising out of or in any manner connected with Purchaser's occupancy of the property. This Section 29 shall survive the Closing. 30. Temporary Construction Easement. (a) Purchaser shall use all reasonable efforts to obtain temporary construction access directly off of U.S. 19 and to stage all construction activities on the Property. In the event the foregoing is impossible, Seller shall grant to Purchaser a temporary construction easement on Seller's adjacent property in a location acceptable to Seller in Seller's sole and unfettered judgment, and for a duration to be reasonably determined by Purchaser and Seller. Purchaser shall thereafter diligently pursue the construction of Purchaser's improvements; provided, however, Purchaser shall not commence or perform any construction during the months of November and December and shall complete construction by October 31st. Upon the termination of the temporary construction easement, Purchaser shall repair any damage to Seller's property at Purchaser's ,,,;. sole expense. If Purchaser fails to repair Seller's property, Seller may do so and invoice Purchaser for all of Seller's costs, including a ten percent (10%) administration fee. Purchaser shall reimburse Seller within fifteen (15) days after receipt of Seller's invoice. (b) Purchaser shall defend and hold harmless Seller from any damages or liability to persons or property that arise from Purchaser's use of the temporary construction easement, including but not limited to any hazardous materials which may be released onto Seller's property. This Section 30 shall survive the Closing. 31. Sign Easement. Seller reserves unto itself, its successors and assigns a perpetual easement over and under the sign easement area of the Property, to be defined by legal description in a separate Agreement, For the installation, maintenance, repair and 10 placement, at Seller's sole cost and expense of a remote pylon sign which easement is shown approximately where indicated on Exhibit "A" attached hereto and made a part hereof, together with anon-exclusive right of ingress and egress for activities associated with Seller's use of said easement. 32. Governing Law. This Agreement shall be governed by and interpreted under the laws of the state in which the Property is located. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WI ESS O ATTE~ j C~ ;CC z- -~ ATTEST: By: As istant Secretary .,, DANA POINT INVESTMENTS, INC. By: < ~ rz ~ ~- 1 ~Al_ilva- Its: ~r~~S~~PnI~~ Date: T~/~e 11 j ,. ~x~.~.~ ~ I i .e ~ r y visa° = ~ W Y' L".' < a w0 a » ~~ay'^"~~e . y ~ 04 s: ~g~i - a ~ S l ~ - ~W. s yr l09 ~1~ S) ~~Alfl J~VB Ol j-Tf1rJ S St G'i` .e r II )~~ ~ 1 ~~ el ~'~ ~'~ ll ~ 7 Y ~ n i A I C~I ; ~ '~ •' ~• , U' ~ Z~ ~'. ~ JQ m T".\ /I y~T''~~-• 6- ~I. ~- t, \~ ~ ,ej cl~ i ~I9 ~;~1 ~ a ~" i ~~;e~~ r~ i b~. ' I,~~r :• I '.I + l - I e' _-. ~ ytl to~'r. 1 Y ~a ICI a _~ ¢ I 3~ I~ ~~ I ~ r'~-• ~ •` IN _ ~ C~ ~~a I ~~ •~ I iii :{I i' ~' ~ ~. ~' . .: ,;t f ~R . ,.._ ..i r ~ F:~~L :.I L~nfO . 'rQc~eSt ~+tStr+to-~+ I~~~a v~.G~.~ C~dSS P~~~i~~ /}rta ^ Commitment No. CL299915 Customer File No. 96-160577 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE N89DEG.41'27"W, ALONG THE NORTHERLY LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 100.01 FEET; THENCE SOIDEG.03'04"W, A DISTANCE OF 237.23 FEET, TO THE POINT OF BEGINNING; THENCE SOIDEG.03'04"W, ALONG THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 19 (STATE ROAD NUMBER 55), A DISTANCE OF 412.32 FEET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE, N88DEG.56'S6"W, A DISTANCE OF 13.00 FEET; THENCE SOIDEG.03'04"W, A DISTANCE OF 15.00 FEET; THENCE S88DEG.56'S6"E, A DISTANCE OF 13.00 FEET TO SAID WESTERLY RIGHT OF WAY LINE; THENCE SOIDEG.03'04"W, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 85.58 FEET; THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOIDEG.37'27"W, A DISTANCE OF 84.96 FEET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE, N89DEG.41'27"W, A DISTANCE OF 13.00 FEET; THENCE SOIDEG.37'27"W, A DISTANCE OF 13.50 FEET; THENCE S89DEG.41'27"E, A DISTANCE OF 13.00 FEET TO SAID WESTERLY RIGHT OF WAY LINE; THENCE SOIDEG.37'27"W, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 1.96 FEET; THENCE N89DEG.41'27"W, A DISTANCE OF 779.00 FEET TOT HE EASTERLY RIGHT OF WAY LINE OF BYPASS DRIVE; THENCE NOIDEG.03'04"E, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 639.03 FEET TO THE SOUTHERLY BOUNDARY OF "THE REGENCY" AS RECORDED IN PLAT BOOK 85, PAGE 18, PUBLIC RECORDS OF SAID PINELLAS COUNTY; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, S89DEG.41'27"E, ALONG SAID SOUTHERLY BOUNDARY, A DISTANCE OF 180.00 FEET; THENCE NOIDEG.03'04"E, ALONG THE EASTERLY BOUNDARY OF SAID "THE REGENCY" A DISTANCE OF 161.00 FEET TO TF1E SOUTHERLY RIGHT OF WAY LINE OF GULF TO BAY BOULEVARD (STATE ROAD NUMBER 60); THENCE S89DEG.41'27"E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 275.66 FEET; THENCE CONTINUE S83DEG.59'49"E, A DISTANCE OF 171.35 FEET; THENCE CONTINUE S79DEG.39'20:E, A DISTANCE OF 57.39 FEET; THENCE CONTINUE S68DEG.13'18"E, A DISTANCE OF 42.90 FEET; THENCE CONTINUE 544DEG.17'S2"E, A DISTANCE OF 49.50 FEET; THENCE CONTINUE S29DEG.34'95"E, A DISTANCE OF 16.27 FEET; THENCE CONTINUE S13DEG.02'll"E, A DISTANCE OF 46.41 FEET; THENCE CONTINUE SOIDEG.17'39"E, A DISTANCE OF 50.04 FEET, TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION 2 ?,. ~,b'~ EXHIBIT B "v~~ ~"%' . (The legal description of the Property ~.- " will be supplied by the Purchaser upon completion of the Survey and inserted at this point in the Agreement.) 12 ~~ ~x~% h' N "c '~ a ~~~ '~ yes r-~ Ti ITH~ F'. ~~c' US 1~ ON ~NklP !0 FARKltiC (XE~Q~~AIER. f1~10lr ... r ~ ~ r, ' ,~ (%~~ ~C/ c s CITY OF CLEARWATER Lrtcrdep:~rtmental Correspondence T0: Ream Wilson, Director, Parks & Recreation; Don Meerians, Assistant Traffic Engineer; Bob Maran,CE III; Mike Quillen, Environmental Engineer; James Goodloe, Fire Marshall; Steve Doherty, Central Permitting Specialist FROM: Allen V. Mahan, Coordinator, Central Permitting SUBJECT: Certification of Site Plan for Luby's Cafeteria (at Sam's Club)(PSP 96-18) ~ 3 3 COPIES: ~ ~ ~~ moo' r~Y~ '~ ~~~~ DATE: September 20, 1996 Attached is a copy of the amended site plan for Luby's Cafeteria, submitted on September 20, 1996 for certification. Please refer to the attached DRC Summary Notes of the September 12, 1996 DRC meeting for reference in assuring that II DRC directed changes have been made to the plan. If you find the site plan addition to be acceptable, please initial and date. If you do have an objection and/or recommendation, please comment below or attach your comments to this memo. r~ ~ C.~'O ~ M ~ t~9 . ~ t pc i2 f tt a-rN~- l~~r''F~?~ i~Wrr' ~~-u~rod~ ©N Sa rM` s pQ a l~~rLT ~ ~~J r '"~ 6 '~H 1 S S- T ~' OGJ [.J~S'T" r Your assistance in preparing the plan for a September 27, 1996 certification will be appreciated. Thanks. AVM/avm SPF9618LUBY'S Comments: (by whom and with date, please) . r . CITY OF CLEAR WATER Interdepa~iment~l Correspondence TO: Ream Wilson, Director, Parks & Recreation; Don Meerians, Assistant Traffic Engineer; Bob Maran,CE III; Mike Quillen, Environmental Engineer; James Goodloe, Fire Marshall; Steve Dohert , C tral Permitting Specialist FROM: Allen V. Mahan, Coordinator, Central Permitting SUBJECT: Certification of Site Plan for Luby's Cafeteria (at Sam's Club)(PSP 96-18} COPIES: DATE: September 20, 1996 Attached is a copy of the amended site plan for Luby's Cafeteria, submitted on September 20, 1996 for certification. Please refer to the attached DRC Summary Notes of the September 12, 1996 DRC meeting for reference in assuring that II DRC directed changes have been made to the plan. If you find the site plan addition to be acceptable, please initial and date. If you do have an objection and/or recommendation, please comment below or attach your comments to this memo. Comments: (by whom and with date, please) Your assistance in preparing the plan for a September 27, 1996 certification will be appreciated, Thanks. AVM/avm SPF9618LUBY'S D ~ ~ ~~ U s E ~ 2 ~ ~sa~ CITY OF Ct.c~lftkNr'~TER `. 4 DRM60912 Development Review Committee Summary Notes Thursday, September 12,1996 Central Permitting Conference Room Municipal Services Building, 100 SO. Myrtle Ave. Five items were discussed: 1. Countryside Christian Center (PSP 96-15) 2. Luby's Cafeteria(96-18) 3. Aendy's at Wal-Mart(US 19)(PSP 96-20) 4. Clearwater Homeless Intervention Program(CHIPS)(PSP 96-21) 5. Time-Warner Cable Com 3ite(at 620 Druid Road)(PSP 96-19) Results of the discussions were: I.Countryside Christian Center (PSP 96-15): The DRC approved the site plan subject to the following conditions/discussion: A. Before the Site Plan can be certified, the applicant must complete the following action(s): 1. Show the following on the site plan: a. Perimeter landscape buffer of 5 feet along the Gity property. _ b. Minimum turning radii for designated drives and fire lanes as 42 feet on the plan. c. Height minimum of 13 ft.,6 in. for cat walk and porte- cochere. d. Plan view of McMullen Booth Road including driveways & medians along the length of the church property. e. Revised site data table to include and show that both P/SP and OL zoning requirements are met. 2. { Locate a new Fire Hydrant at the southern entrance to the site. 3. Re-design the handicap parking to the satisfaction of the Traffic Engineer. 4. Indicate the location of lighting fixtures in the parking areas on the site plan. 5. Show dimensions on the plan for measurements of aisles, parking stalls and entrances. 6. Show on the site plan the installation and maintenance of uniform traffic control devices at appropriate locations in accordance with the standards set forth by the Manual on Uniform Traffic Control Devices as adopted by the Florida Department of Transportation under Rule 14-115.010, Florida Administrative Code. D. The applicant must complete the following actions as indicated: 1. Obtain the requisite building permits within one(1) year from the site plan certification date to prevent expiration of the site plan certification. 2. Obtain the requisite certificate(s) of occupancy within three (3) years of the site plan certification date to prevent expiration of the site plan. 3. Obtain review of and permits for signs and fencing/walls through separate review and permitting procedures. II.Luby's Cafeteria: The DRC approved the site plan subject to the following conditions/discussion: A. Before the Site Plan can be certified, the applicant must complete the following action(s): ' 1. Show the locations of all driveways, parking areas and curb cuts on the site plan. 2. Show all contiguous streets & roads. 3. Add a 12' by 35' loading zone. 4. Show all pavement markings, signage and traffic control devices on the site plan. 5. Show a perimeter landscape buffer of ten feet along Gulf- ~ to-Bay & along U.S.19 and put this on the site data t table/sheet. 6. Provide a 5 foot buffer on the West side of the Luby's site and on the East side of Sam's Club adjacent to the Luby's site.(Site boundary may be shifted to provide all buffering on Luby's site.) 7. Indicate a parking formula calculation of 4.5 spaces for each 1,000 SF of Gross Floor Area(GFA). 8. Show dimensions of aisles, parking stalls, entrances and measurements for like plan features on the plan. 9. Modify two interior islands directly south of the building to allow garbage trucks to negotiate turns. l0.Depict all required parking lot interior areas on the plan by shading or cross-hatching. 11.Reflect the use of raised curbs or protective timbers on the site plan where interior landscaped areas abut pavement. 12.Adjust handicap spaces to meet governmental standards. 13.Indicate the location of lighting fixtures in the parking areas on the site plan. 14.Show all on-site lighting with 90-degree cutoffs directed away from abutting streets right-of-way and residential properties. 3 i 15.Display the site address on the site plan, obtaining assistance as needed from the responsible Zoning Customer Service representative in establishing the correct address. 16.Obtain a Significant Change of Use Determination from the FDOT per Florida Statute 335 and submit as a part of the determination of transportation system concurrency. 17.Execute a cross-parking/access easement linking the Luby's site with the Sam's Club site site and specifying the exact number and location of the spaces that are to be jointly used by and between the sites after review and approval of the easement/agreement by the City Staff. 18.Perform a Traffic Impact Study and incorporate the FDOT Significant Change of Use Determination into it. B. Before the City can issue building permits, the applicant must complete the following actions: f 1. Obtain and furnish evidence of all applicable permits from other governmental agencies including but not limited to: (a) FDOT permit for work within the Right-of-Way to Engineering Services; (b) Pinellas County Public Health Unit Permit, Ingress/ Egress, and a 10 foot Utility Easement over the proposed water mains up to and including meters, backflow ~. prevention devices and hydrants. 2. Pay the sewer impact assessment fee, based on the size of the water meter with assistance in determining the fee from Central Permitting/Licensing specialists.(Show the water meter size on the site plan.) 3. Provide a blanket easement for new water lines up to and including meters and hydrants. 4. Obtain and provide an easement from Sam's Club for the sewer tie-in. 5. Coordinate with the Assistant Water Superintendent for use of any existing stub-outs on the 8 water line on Gulf-to-Bay for the building's potable water. C. Before the City can issue a Certificate of Occupancy, the applicant must complete the following actions: 1. Pay the Transportation Impact Fee as called for by the Pinellas County Transportation Impact Fee Ordinance with assistance in determining the fee from the Clearwater Traffic Engineering Office. 2. Visually screen the dumpster and provide gates with a minimum 12-foot clear opening to the front for access by Solid Waste vehicles. 4 3. Furnish as-builts and an engineer's certification to Engineering Services. D. The applicant must complete the following actions as indicated: 1. Obtain the requisite building permits within one(1) year from the site plan certification date to prevent expiration of the site plan certification. 2. Obtain the requisite certificate(s) of occupancy within three(3) years of the site plan certification date to prevent expiration of the site plan. 3. Obtain review of and permits for signs and fencing/walls through separate review and permitting procedures. III. Wendy's at Wal-Mart(US 19)(PSP 96-20): The DRC requested that: f~ A. The site plan be brought back to the DRC for further review with the plan revised to: 1. Re-orient the building to minimize its screening effect on the Wal-Mart site; 2. Improve traffic ingress/egress at the entrance between the proposed Wendy's site and Kinko's; 3. Reflect the changed values in the site data table for the l overall Wal-Mart site. H. A separate, detailed certifiable site plan be developed for the Wendy's site only, to be scheduled for review at the same time as the re-certifiable Wal-Mart site plan. C. A decision be obtained on the issue of concurrency prior to the re-scheduling of the site plans for a second DRC review. IV. Clearwater Homeless Intervention Program(CHIPS) (PSP 96-21):The DRC requested that the plan be returned for further review, subject to the following conditions/discussion: A. Before the Site Plan can be certified, the applicant must complete the following action(s): 1. Revise the site data table completely to reflect both zoning(CG & RM-12)classifications of the property and the three(mixed-Police Substation, Residential Shelter and Office /Administrative) uses of the property as they are planned within each zone. 2. Display the site address on the site plan, obtaining assistance as needed from the responsible Zoning Customer Service representative in establishing the correct address. 3. Break-out & identify the parking requirement for each use in the site data table.( Police Substation-1 space per officer; 5 Engineers -Surveyors -Planners National Society of Professional Engineers Florida Engineering Society American Sociely of Civil Engineers Florida Surveying and Mapping Society American Congress on Surveying and Mapping Institute of Transportation Engineers Florida Planning and Zoning Association National Association of Enviromental Professionals September 19, 1996 Mr. Allen V. Mahan Central Permitting Coordinator City of Clearwater Central Permitting Department P.O. Box 4748 Clearwater, Florida 34618 Re: Luby's Cafeteria - U. S. Highway 19 and Gulf-to-Bay Boulevard Final Site Plan Certification Dear Val: Enclosed please find twelve (12) blueprints (24" x 36" - 1 sheet) of the Final Site Plan for the above referenced project. This plan has been modified in accordance with the comments that we obtained at the recent Development Review Committee Meeting. It is our understanding that you will be utilizing these prints for certification. Please let us know if you have any questions or if you need any additional information. Very truly yours, _, enclosures ~~. ~ UU cc: Carl Cheaney w/one print of plan L= __~ Tom VanBuskirk w/one print of plan Paul Hesson w/one print of plan -•---~;;,: ~ °°~""°"'°"' ~; ~<~m-~ Florin Po a w/one not of lan ~"~`r ~"" E'~'' ° ~~~'~ SEP 2 0 1996 CENTRAL PERM~ITT7CG~ 29228 U.S. Hwy. 19 North • Clearwater, Florida 34621 Pinellas: (813) 784-3965 Pasco: (813) 842-7635 Fax: (813)784-8153 MSL: am/lubycl l 'r ~.~ v ~ . . ~ ~ \ ~ . DEVELOPMENT REVIEW COMMITTEE DOCUMENT CONTROL SHEET PROJECT/LOCATION: Luby's Cafeteria(PSP 96-18) DRC Meeting Date: September 12, 1996 1. SCOTT SHUFORD, Central Permitting Director 2. RICHARD BAIER, City Engineer 3. REAM WILSON, Parks & Recreation Director 4. DON MERRIANS, Traffic Engineer 5. BOB MARAN, Engineer III 6. MICHAEL QUILLEN, Water Resource Engineer 7. JAMES GOODLOE, Fire Marshall 8. ALLEN V. MAHAN, Central Permitting Coordinator 9. STEVE DOHERTY, Central Permitting Supervisor 10. ROBERT BRUMBACK, Solid Waste Director - .. .. 11. CHUCK WARRINGTON, Gas System Managing Director 12. LOUIS R HILTON, Senior Planner 13. JOHN RICHTER, Senior Planner (Control Sheet Only) 14. ETIM UDOH, Associate Planner (Control Sheet Only) 15. DON MCCARTY, Associate Planner (Control Sheet Only) Date Received by Central Permitting Office:: August 30, 1996 Date of distribution: September 5 ,1996 Remarks: Applicant proposes to construct an 8,700 SF Luby's Cafeteria on an outparcel at Sam's Club which is being platted as a separate parcel. No new access points onto U.S.19 or Gulf-to-Bay are being proposed. Drainage and utility systems, landscaping and parking revisions are included. ~1~e C~v~ s`}~~+2 3c ~P~h~~h v-e c ~ ~ "~~ 1PSP9618.AVM ~ Q C 2~L U ,,.~ ~e C ~~ ~ ~ ~ J p ~C~~~d~ SEP 0 9 196 Ci Y "~L!~t?~";nT'n d'_, 'U ~ D Y e~wQ ~_ Interoffice Correspondence Sheet To: Elizabeth M. Deptula, City Manager From: Scott Shuford, Director of Central Permitting~~ CC: tVaC Mahan, Central Permitting Coordinator4 Date: September 27, 1996 RE: Luby's Cafeteria at Sam's Club Location, Gulf-to-Bay Luby's Cafeterias is proposing to construct an 8,700 Sq Ft cafeteria to be located on an outparcel at Sam's Club. The outparcel is to be platted and sold by the Sam's Club owners to Luby's. Platting and sale transactions will be structured so that the Luby's project will meet all Land Development Code requirements, such as parking, landscaping and utilities separately from the Sam's parcel. The Development Review Committee has reviewed and approved the project, subject to a final determination of transportation concurrency based on an FDOT approval of a significant change of use determination and the favorable results of the traffic impact study for the site. At this point, there appears to be no problems with concurrency being met. Importantly, no additional driveway accesses from the site to Gulf-to-Bay/ U.S. 19 will be created. Adequacy of parking for the site will be assured through across-parking/access easement linking the Luby's and Sam's Club sites. With this, staff has insured optimum on-site traffic circulation, given the location, size and configuration of the cafeteria. Location of a restaurant of this type at the Sam's Club site puts cafeteria style dining within easy distance of the growing Park Place residential and commercial areas as well as the more established business and residential areas on the eastern end of Gulf-to-Bay. In addition, re-development and up-grading of a location which is being utilized well below on-site design capacities volumes helps insure continued commercial viability of the area. More instances of this type of re-development effort can be anticipated in the future. Please advise if you have questions or comments. SS/avm ~1. FLORID -.~wron cnrLrs QO-T10'IOR Mr. Michael S. Lioveras, P.E. Lloveras, Baiu And Stevens 29228 U.S. 19 N. Clearwater, FL 3462] Dear Mr. Lloveras: Subject: Section No. S.R. No. Mile Post . Prnject Name ~~ ~~s DEFARTMEIYT OF TRAI~ISP~JRTATIOt~i BEM G. WARS SECNETART District Seven Access Management 7-1200 11201 K. Malcolm McKinley Dr. Tampa, Florida 33612-6456 (813)975-6070 October 9, 1996 RECEIVED OCR 1 5 1996 L~OVERAS-BAUR & S i EVENS 15040-000 60 4.198 Rt. Sam's Club/Luby's Cafeteria The Department has completed the Pre-Application review of the proposed modification to the exisitng site useage anticipated by your development based nn the plans and infom~ation yon submitted on 09/18/96. This review is advisory and the results are nonbinding on the Department and the applicant. We offer the following based on the plans submitted: 1. The proposed inclusion of a L.uby's Cafeteria on' site, will not constihde a "Significant Change" from the existing use. 2. "I7~e existing site circula6ou design will not req~ure modification to accommodate the projected increase in site trip generation. ~ - 3. No Fvork is proposed within the Department right-of way. Therefore, a new Florida Department of Transportation Access Connection Permit is not required at this time. This review does not canatitute Department f[nal approval of the location, quantity, or design of the connection to the State Highway System. Pursuant to Florida Statutes and Rule Chapter 14-96, F.A.C., prior to the initiation of construction of any connection on Department Right-of--Way, a connection permit application must be filed and approved by the Department. Should you have any questions or cormuents, please do not hesitate to contact Michael F. Jackson at (813) 975-6271. ~~ ~~ cry 3 N~~ ~J ~~. ~1~ `~. _~ 3 Sincerely, Alau L,. Gilbronson, P.E. ~+~ ~~~~ Dish~iet Pernuts/Access Management Engineer .T.R by: 1VIi nel P. Jackson BM Access Management E gineer IV MFJ/mj ~~~ r '. cc: B. A. Bennett, P.E., J. Smith, File 't'-,Y ' v ~ _nv'' A:~SAM-LUF3Y.PAR ~\~•_~0~ ~ ~ ` ~' rr - - J ~ ~ ~~ Engineers -Surveyors -Planners National Society of Professional Engineers Florida Engineering Society American Society of Civil Engineers Florida Surveying and Mapping Society American Congress on Surveying and Mapping Institute of Transportation Engineers Florida Planning and Zoning Association National Association of Enviromental Professionals October 16, 1996 Mr. Allen V. Mahan Central Permitting Coordinator City of Clearwater Central Permitting Department P.O. Box 4748 Clearwater, Florida 34618 Re: Luby's Cafeteria - U. S. Highway 19 and Gulf-to-Bay Boulevard Site Plan #96-18 Dear Val: As requested by Condition Number 16 of the Conditions/Discussion Minutes from the September 12, 1996 Development Review Committee Meeting, enclosed is a photocopy of the "Significant Change" letter from the Florida Department of Transportation. The letter states that "a new Florida Department of Transportation Access Connection Permit is not required". Thank you for your assistance in the review and approval of this Site Plan. Please contact Tom Radcliffe, P.E., Sandy Lloveras, P.E. or myself if you need additional information regarding this project. Very truly yours, P.E., P.L.S. MSL:am/lubyc114 enclosure cc: Carl Cheaney Tom VanBuskirk Paul Henson Florin Popa 29228 U.S. Hwy. 19 North • Clearwater, Florida 34621 Pinellas: (813) 784-3965 Pasco: (813) 842-7635 Fax: (813)784-8153 PSP96-18 2575 GULF TO BAY BLVD LUBY'S CAFETERIA