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AGREEMENT RE MANDALAY BEACH CLUB LTD. " " .. _ ~ .. t AGREEMENT BETWEEN CITY OF CLEARWATER, FLORIDA AND PINELLAS COUNTY COUNTYWIDE PLANNING AUTHORITY This Agreement, entered into on the~y of 2001, between the City of ~ Clearwater, Florida, a public body corporate and political subdivi on of the State of Florida, (hereinafter "City") and the Board of County Commissioners of Pinellas County, a political subdivision of the State of Florida, acting in its capacity as the Countywide Planning Authority, (hereinafter "Countywide Planning Authority"). Purpose It is the purpose of this Agreement to insure that the Mandalay Beach Club Project (hereinafter "Project") being developed by the Mandalay Beach Club, Ltd., Florida limited partnership (hereinafter "Developer"), located in and approved by the City, complies with the Rules Concerning the Administration of the Countywide Future Land Use Plan (hereinafter "Countywide Rules"). Findings The recitation of pertinent factual information that forms the basis of this Agreement is as set forth following. WHEREAS, the City approved the Project as set forth in the Land Assembly Assistance and Reimbursement Agreement dated February 8, 2000 (as recorded in official record book 10820 pages 1294-1341, including exhibits) and the Mandalay Beach Club Final Site Plan approved pursuant thereto and dated December 14, 1999, (hereinafter "Final Site Plan"), which Final Site Plan authorizes the construction of one hundred fifty-seven (157) condominium dwelling units; WHEREAS, the approval of the one hundred fifty-seven (157) condominium dwelling units was based on the following allocation: · One hundred twelve (112) dwelling units from Clearwater Beach Park Sub., Lots 14-25 and a portion of the Four Seasons Landing Condominium, pursuant to a Final Judgment by Consent entered on April 12, 1989, by the Circuit Court of Pinellas County in City of Clearwater v. Gray, Case no. 85-4145-15 and Thacker et al. v. City of Clearwater, Case no. 86-17457-16 (hereinafter "Settlement Agreement"); · Thirty-six (36) dwelling units from Clearwater Beach Park Sub., Lots 29-42 and vacated right-of-way of North Gulfview Boulevard, based on a permitted density of thirty (30) units per acre times this 1.204 acre portion ofthe Project site; and 1 ~ · Nine (9) dwelling units transferred from a city-owned parking lot identified as Clearwater Beach Park I sl Add. Replat, Block 1, Lot II; Clearwater Beach Park 1 sl Add., Block 2, Lots 24,25, and the south ~ of Lot 26 (hereinafter "City Parking Lot"). WHEREAS, paragraph 26 of the Settlement Agreement states that any development of the subject property shall be in accordance with the applicable County requirements in existence on the date of the Settlement Agreement, or as such requirements may be amended from time to time; WHEREAS, the City has issued building permits identified as permit numbers BCP 1999- 10475; BCP 2000-04117, 04166, 04539, 06310, 06773; BCP 2000-03391, 03392; BCP 2000-07533, 05735 (hereinafter "Existing Building Permits") and pursuant thereto a Notice of Commencement was filed on May 5, 2000, to construct a foundation and ninety-one (91) condominium units with fifteen (15) living levels above two (2) parking levels for the North Tower only of the Project, as identified on the Final Site Plan; WHEREAS, the City and the Pinellas County Planning Council (hereinafter "Planning Council") executed a Letter ofIntent dated February 3,2000, attached hereto as Exhibit A, committing to the preparation and execution of an agreement to insure that the Project was consistent with the Countywide Rules; WHEREAS, said Letter of Intent expressed a joint commitment to prepare and execute an agreement that would provide for the specific resolution of the issues identified in said Letter ofIntent; WHEREAS, final authority for enforcement of the Countywide Rules rests with the Countywide Planning Authority; WHEREAS, the Planning Council and Countywide Planning Authority did review and amend the Countywide Rules with respect to transfer of development rights (hereinafter "TDR") provisions as referenced in paragraph number 4. of the Letter of Intent; which amendments are as set forth in Ordinance No. 00-60, effective September 30, 2000; WHEREAS, the City did reexamine and amend the City Community Development Code (hereinafter "City Code") with respect to TDR provisions as referenced in paragraph number 5. of the Letter of Intent; which TDR provisions of said City Code, including amendments effective June 15, 2000, the Planning Council asserts are not consistent with the Countywide Rules; WHEREAS, the City has prepared a special area plan for Clearwater Beach that is proposed for adoption on February 15, 200 I ; WHEREAS, it is the desire of the City, the Planning Council and the Countywide Planning Authority to resolve the outstanding issues enumerated in the Letter of Intent and as set forth above with respect to the application of the Countywide Rules to the Project through this Agreement. 2 /1tJ ~ ,~. Stipulations NOW TIIEREFORE, the City and the Countywide Planning Authority, in considerations of the mutual covenants hereinafter set forth, agree as follows: I. In order to comply with the Letter of Intent and the fmdings set forth above, that no additional building permit(s) shall be issued by the City and construction shall not proceed on the remaining sixty-six (66) condominium units in the South Tower on the Final Site Plan until the following have been completed: a. Any development rights transferred to the City from the Developer's JMC Communities Meridian Project on Sand Key shall not be available, transferred or otherwise used in any manner whatsoever by or within the City, except as is consistent with the Countywide Rules. b. A redevelopment plan that includes the City Parking Lot and Project sites and that provides for the transfer of development rights consistent with the Countywide Rules shall be prepared, approved, and submitted by the City for consideration pursuant to Article IV, Sec. 4.2.7.2 of the Countywide Rules. c. The City Parking Lot from which the full complement of residential density (nine (9) dwelling units) is being transferred to the Project shall be limited to use as a parking lot or recreation/open space, shall have no additional development rights, and further, in the event said parking lot is redeveloped or altered in any way for parking lot or recreation/open space purposes, the impermeable surface ratio (ISR) shall not exceed 0.60 as provided for in the Recr~ation/Open Space plan category of the Countywide Rules. 2. Nothing in this Agreement shall: a. Prohibit the completion of construction for the North Tower only. b. Require the Council or the Countywide Planning Authority to approve the redevelopment plan required to be prepared, approved, and submitted by the City in satisfaction of this Agreement should such redevelopment plan be determined to be inconsistent with the Countywide Rules govemmg same. 3, This Agreement shall be enforceable against the City as to the Project by the Countywide Planning Authority pursuant to the authority of Chapter 88-464, Laws of Florida, as amended. This Agreement executed on the date first written above. 3 ~ " Countersigned: B~~ Mayor-C missioner Approved as to form: _tL lit Pamela K. Akin City Attorney rIJ CITY OF CLEARWATER ---- CITY OF CLEARWATER, FLORIDA BY:~~ William B. Horne, II Interim City Manager Attest: .;;'''-- ~. 4 . . L . - .," . ~ ;1' .. .~;. ~ ATTEST: KARLEEN F. DeBLAKER, CLERK " ' PINELLAS COUNTY PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners in its capacity as the Countywide Planning Authority . ~,.." B.y:,:, ,',,'" C?g~-^- J.,;';hA ,;e.1216.A' , Deputy Clerk . ;,<' " . . By: ~i VJ;L~ Calvin . Harns, ChaIrman Board of County Commissioners (seal) , APPROVED AS TO FORM: ~~orney <-- ,,,...,.-.---'- IfJ 5 " ~" r~] PINELLAS PLA.NNING COUNCIL EX HIBIT A COUNCIL MEMBERS Council member Robert A. Kersteen, Chm, Mayor Tom De Cesare, Vice Chm. Councilmember Chuck Williams, Treas, Commissioner Nadine S. Nickeson, Sec. School Board Member Lee Benjamin Mayor Frank DiDonato, D.C. Mayor Robert DiNicola Commissiorl&-Calvin D. Harris Commissioner Ed Hart _Vice-Mayor Janet Henderson Vice-Mayor Robert Jackson Vice-Mayor William B. Smith Councilmember Babe Wright February 3, 2000 Mr. Michael Roberto, City Manager City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 David P. Healey, AICP Executive Director Re: Letter of Intent to Prepare A Memorandum of Agreement! JMC Communities Mandalay Proiect on CleaIWater Beach Dear Mike: In follow-up to our recent correspondence and meeting, this is to confirm our joint commitment to prepare and execute a Memorandum of Agreement between the City of Clearwater and the Pinellas Planning Council to address the several issues that have been identified with respect to the above- referenced project. The proposed Memorandum of Agreement will address and provide for the specific resolution of the following: 1. Density Conveyed To The City From The JMC Communities Meridian Project On Sand Key - The City will agree to expunge or otheIWise hold any development rights conveyed to the City in abeyance, such that these development rights shall not be used or otheIWise transferred pending resolution of the issues addressed in the remainder of the agreement. 2. Density Transferred To The JMC Communities Mandalay Project From CityParking Lot - The City will agree to establish a mutually acceptable methodology by which to calculate the proportionate number of dwelling units that may be transferred from the parking lot site in recognition of the fact that it is now used, and is proposed to continue to be used, as a public parking lot; and further that such recalculation will be the basis for such transfer of units. 3. Allocation Of Density Transferred To JMC Communities Mandalay Project From City Parking Lot - The City will agree to establish a Community Redevelopment Plan and District, or a mutually acceptable alternative, to recognize this project site and such adjoining area as is determined appropriate; which plan will utilize the density transfer to the subject site in such manner that no net increase in density has occurred within the area designated as a result of this transfer. 600 CLEVELAND STREET, SUITE 850 . CLEARWATER, FLORIDA 33755-4160 TFI FPHONF (777\ 41)4-87 '>0 . FAX (7271 404-8212 i, . Page two February 3, 2000 4. Review Of Countywide Rules Pertaining To Transfer Of Development Rights (TDR' s) - The Pinellas Planning Council will agree to review the current provisions of the Countywide Rules dealing with TOR's to address a mutually satisfactory means of .applying the TDR provisions in a redevelopment scenario, including consideration of a numerical or percentage factor by which the otherwise applicable maximum permitted density of the plan category could be exceeded. 5. Review And Reconciliation Of City Code With Countywide Rules - The City will agree to reexamine its TOR provisions and make any changes required to assure they are consistent with the Countywide Rules, including any change to the Countywide Rules that may result from their review and revision described above. It is our understanding that the concepts as outlined above would be detailed in a Memorandum of Agreement that would be approved by the City and the Planning Council within sixty (60) days from February 3,2000 and that said Memorandum of Agreement would in turn provide for a specific time frame for each of the considerations identified above. It is our further understanding that the City will take such steps to amend any site plan or development agreement as may be necessary to implement the Memorandum of Agreement. If this expression of intent to enter into a Memorandum of Agreement is acceptable to the City, , please have the City Commission approve at your February 3, 2000 meeting and I will recoIIl.IlJ.end the Planning Council approve same at our February 16, 2000 meeting; and subject to such approvals have no objection to the process moving forward. Thank you and your staff for your cooperation and responsiveness in finding a mutually acceptable means to resolve this important matter. :;L . ~id~~ Executive Director c: Members, Pinellas Planning Council Jewel Cole, Senior Assistant County Attorney Ed Armstrong, Attorney at Law ,. ~ . . Page three February 3, 2000 Approved by the City of Clearwater Approved by the PinelIas Planning Council -~~--' Robert A. Kersteen, ChaIrman Director Michael oberto, City Manager Date .2/ 4j H/, I 0744- Date'