Loading...
ORDINANCE NO. 3205-83 v " , It' -- . U9'.OYCley . ~. ';~""'W-""t'tt :'1lIoIi1 ~, f ..f",' ~~~.L.:C f.', ~ ORDINANCE NO. 3205-83 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RENDERING A DEVELOPMENT ORDER PURSUANT TO CHAPTER 380, FLORIDA STATUTES, ON AN APPLICATION FOR DEVELOPMENT APPROVAL FILED BY METRO DEVELOPMENT CORPORATION FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; ENUMERATING THE CONDITIONS OF THE DEVELOPMENT ORDER; PROVIDING FOR ADMI~ISTRATION OF THE DEVELOPMENT ORDER; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTt>1ENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS o RD ll~ A N C E . WHEREAS, on July 16, 1982, Metro Development Corporation ("DeVeloper") filed an Application for Development Approval of a Development of Regional Impact ("DRI") with the City of Clearwater ("City"), the Tampa Bay ~egional Planning Council ("TBRPC"), the Florida Department of Community Affairs ("DCA") and other state, regional and local agencies, pursuant to the provisions of Section 380.06, Florida Statutes (1981); and WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Application for Development Approval, as amended ("ADA"), proposes the development of Park Place, a 99 acre planned retail and office complex in the City of Clearwater near the intersection of U.S. Highway 19 and State Road 60 (herein sometimes referred to as "Park Place" or "project"); and WHEREAS, the City Commission, as the governing body of the local government having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider applications for development approval for developments of regional impact; and WHEREAS, the public notice requirements of Section 380.06, Florida Statutes, have been corlplied ,~ith; and WHEREAS, the City Commission has received and considered the report and recommendation of the TB~PC; and -1- 01- 00;) -CO (f) ~ ~ ~. WHEREAS, the City Commission has on August 13, 1983, held a duly noticed public hearing on the ADA and has heard and considered testimony and documents received thereon; and WHEREAS, this Development Order, when adopted will constitute a land development regulation applicable to the property; and WHEREAS, the Local Government Comprehensive Planning Act ("LGCPA") requires that all development regulations and amendments thereto related to an adopted comprehensive plan or ele~ent thereof be reviewed by the Local Planning Agency ("LPA") for conformance with plans adopted pursuant to the LGCPA; and WHEREAS, the Pinellas County Planning Council . (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adopted guidelines with reference to such required referral process; and WHEREAS, this Ordinance has been referred to ~nd will be duly considered by the PCPC under said process; and WHEREAS, the City Commission has reviewed and . considered the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Introduction - That this Ordinance shall constitute the Development Order ("this Order") of the City Commission issued in response to the ADA filed by the Developer for development of Park Place, a development of regional impact. The scope of development to be permitted pursuant to this Order shall be as hereinafter set forth. -2- I 'Y .., Section 2. Findings of Fact - That the City Commission, having received the above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: A. The Developer proposes the development of Park Place, a 99-acre retail and office complex in the City near the intersection of U.S. Highway 19 and State Road 60. B. The real property which is the subject of the ADA (the ureal propertyU) is legally described as set forth in Exhibit uAu, attached hereto and by reference made a part hereof. C. A major portion of the real property was the subject of a request for annexation to the City according to the terms and conditions of an Annexation Agreement approved at public hearing on July 15, 1982, and recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida. Said Annexation Agreement is amended and restated in its entirety in the First Amended and Restated Annexation Agreement, as set forth in Exhibit uBu, attached hereto and by reference made a part hereof. Said annexation and First Amended and Restated Annexat.ion Agreement are effective immediately prior to the adoption by the City of this Order. D. The City Commission in approving the Developer's original Annexation Agreement on July 15, 1982, imposed the following conditions on Park Place, which will be satisfied in the process of site plan approval consistent with this Order: -3- '<r 1. The following maximum floor area ratios ("FAR") be established: (a) Maximum FAR of .25 for retail commercial use. (b) Maximum FAR of .30 for low-rise office use. (c) Maximum FAR of .40 for mid-rise office use. 2. Conveyance by deed(s) for the following additional rights-of-way: (a) Along the southern boundary of the Project fronting on State Road 60, ten (10) feet of right-of-way, as may be required to establ ish a full si xty (60) foot one-hal f right-of-way. (b) Along the northern boundary of the Project fronting on Drew Street, fifty (50) feet of ri ght-of-way, to establ ish a full fi fty (50) foot one- half right-of-way. E. The Developer submitted to the City an ADA, supplemental documentation on traffic systems management ("TSM") and a sufficiency response, which are attached hereto as composite Exhibit "C", and by reference made a part hereof. F. This Project will yield positive economic impacts to the City and Pinellas County, in the form of construction expenditures, (approximately $41.1 million), employment opportunities, (approximately 4,000 permanent jobs) and ad valorem taxes, (approximately S1.3 million annually). G. This Project will yield negative impacts on the existing road system established and maintained by the City, Pinellas County and the State of Florida; which road system does not at present operate in all cases at a desirable level of service ("LOS"). -4- i'." "I- 1 H . The projected impacts of this Project on the existing road system notwithstanding, the following intersections are projected to have the respective LOS at peak hour traffic in 1989 as noted below: 1- U . S . 19/5unset Point Road - LOS F 2. U . S . 19/N.E. Coachman Rd. - LOS F 3. u. S . 19/Drew St. - LOS F 4. U . S . 19/5.R. 60 - LOS E 5. U . S . 19/Belleair Rd. - LOS E 6. Belcher Rd./Sunset Point Rd. - LOS F -5- " Transportation Improvement Program, with construction scheduled to start in 1986-87, consistent with needs identified as a result of Phase I construction. 2. Construction of a grade-separated interchange at the U.S. 19/Roosevelt Boulevard intersec- tion. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program, with construction scheduled to start in 1985-86, consistent with needs identified as a result of Phase I construction. 3. Reassessment of the existing green time signal phasing and lane assignments at the U.S. 19/Drew Street intersection. This improvement is to be accommodated within the 1983/84 work program of the Traffic Engineering Department of the City, consistent with needs identified as a result of Phase I construction. 4. Construction of Drew Street from Hampton Road east to McMullen-Booth Road. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program with construction scheduled to start in 1983-84, consistent with needs identified as a result of Phase II construction. 5. Construction of additional lanes on McMullen- Booth Road from S.R. 60 to Sunset Point Road. This improvement is currently programmed in the Pinellas County MPO Transportation Improvement Program, with construction scheduled to start in 1984-85, consistent with needs identified as a result of Phase III construction. -6- 6. Construction of additional lanes on State Road 6Q from U.S. 19 to McMullen-Booth Road. This improvement is currently programmed in the Florida Department of Transportation ("FOOT") Five Year Work Program with construction scheduled to start in 1986-87. 7. Construction of additional lanes on Sunset Point Road from Keene Road to U.S. 19. This improvement is currently programmed in the Pinellas County MPO Transportation Improvements Program with construction scheduled to start in 1986-87. 8. Completion of Druid Road by the City, between Belcher Road and Edenville Road with con- struction scheduled to start in 1983-84, consistent with needs identified in the City's Thoroughfare Plan to provide parallel reliever access for State Road 60 and Drew Street. K. The City has consistently required the provision of a forty (40) foot right-of-way easement along the U.S. Highway 19 corridor in connection with annexation, site plan and subdivision plat approval, the purpose of such additional right- of-way being to assure the availability of the necessary right-of-way for ultimate improvement of the U.S. Highway 19 corridor consistent with the standards of FOOT. L. The Project development is not located in an area of critical state concern as designated pursuant to Section 380.05, Florida Statutes (1981). M. The Project will not unreasonably interfere with the achievement of the objectives of any adopted state land development plan(s) applicable to the area. -7- N. A comprehensive review of the impacts generated by the Project has been conducted by the City and the TBRPC. O. This Order is consistent with the report and recommendations of the TBRPC. P. The City has established land development regulations, including zoning, site plan review and subdivision regulations and, pursuant to these land development regulati'ons, has the necessary and adequate authority to monitor, administer, and enforce the provisions of this Order. Section 3. Conclusions of Law - That the City Commission, having made the above findings of fact, reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable laws and regulations, and based upon the record in this proceeding, the Developer is authorized to conduct development as descr.i bed herei n, subject to the revi ew procedures, requirements, conditions, restrictions and limitations set forth herein. B. That review by the City reveals that impacts are adequately addressed pursuant to the requirements of Section 380.06, Florida Statutes, within the terms and conditions of this Order. Section 4. Order - That, having made the above findings of fact and drawn the above conclusions of law, it is ordered that the ADA is hereby approved, subject to the following review procedures, requirements, conditions, restrictions and limitations: A. Development shall be ~pproved consistent with the Conceptual Plan included as Exhibit "D", attached hereto and by reference made a part hereof, and according to the site plan review procedures and criteria, as well as all other applicable -8 - .. provisions of the City Code of Ordinances. In particular, a preliminary site plan shall be submitted for each phase, and individual final site plans within the respective phases shall be consistent therewith. Development of out-parcels indicated on the Conceptual Plan shall be con- sistent with said plan and all out-parcel development will be subject to site plan approval procedures and shall be coordinated with the overall Park Place development. Permitted maximum floor areas for Park Place are considered to be inclusive of out-parcels both as to total project floor area and floor area by phase. B. All development pursuant to this Order shall be consistent with applicable land development and building regulations, codes, ordinances and policies in effect at the time of application for final site plan approval for the respective components of the Project. ~o amendment of any such regulation, code, ordinance or policy adopted subsequent to the effective date of this Order. however, shall preclude, or require any material revision of, the type of use or amount of floor area as set forth in the Conceptual Plan. C. The Project is approved for a total maximum floor area of 1,253,000 square feet. comprised of a maximum 1.103.000 square feet of office use and a maximum 150,000 square feet of retail commercial use. The permitted maximum floor area is to be approved subject to the FAR and phasing limitations set forth below: -9- 1. The maximum permitted floor area by category of use shall be approved only to the extent that such floor areas are consistent with the following FAR's and at no time during the approval of individual final site plans shall the cumulative FAR exceed those set forth below: Retail Commercial - maximum FAR of 0.25 Low-Rise Office (3 stories or less) - maximum FAR of 0.30 Mid-Rise Office (4 through 8 stories) - maximum FAR of 0.40 2. The Project will be phased according to the following: Phase Maximum Floor Area - In Sq. Ft. Retail Commercial Office Total Phase I 150,000 480,000 323,000 (803,000) 630,000 323,000 (953,000) Phase I I (Phase I and II cumulative) (150,000) Phase III (Phase I, II and III cumulative) (150,000) 300,000 300,000 (1,103,000)(1,253,000) Total 150.000 1.103.000 1.253.000 D. The Developer agrees to acquire land, or to pay the City for land required to be acquired by the City, to provide ingress and egress to the west and to \ the south of the Project. Specifically, access to the west shall interconnect with the existing easement at the north end of M&B 19-1, 20, 20-1. and 20-1A (Bennigan's, Chi Chi's and Perkin's) to the U.S. 19 frontage road and through the Bennigan's site to the existing traffic light at State Road 60. Access shall be provided to the south through M&B 21, 21-1. and 22-1 (McMullen Property) to State Road 60, with the exact location to be determined at time of preliminary site plan approval for Phase I. Said ingress and egress shall -10- . J be secured by fee simple acquisition, right-of-way easement, or other appropriate mechanism by either the Developer or the City. If acquisition cannot be accomplished by the Developer on terms accept- able to the Developer, then upon written request of the Developer, the City agrees to the utilization of its eminent domain powers under Chapter 73, Florida Statutes to acquire such right-of-way. The City agrees to exercise such eminent domain powers solely under Chapter 73, Florida Statutes, if necessary, within twelve (12) months after the effective date of this Order, consistent with the applicable provisions of law, in recognition that it is in the public interest that such ingress and egress be obtained. In the event that the City so exercises its power of eminent domain to acquire rights in any of the above referenced property for ingress and egress, the Developer shall compensate the City in the amount of the condemnation judg- ment; except where such judgment exceeds the appraised value or average of appraised values entered into evidence in the cond~mnat10n proceed- ing by the City, the City and the Developer shall, subject to the mutual consent of the City and the Developer as to the reasonableness of the judgment, share equally (50 percent each) the amount of the judgment awarded in excess of such appraised value or average values. The cost of constructing such connections to the adjoining property to the west and to State Road 60 to the south, in addition to any other contributions for on-site or off-site road improvements, will be the responsibility of the Developer according to a schedule to be established with the preliminary site plan approval of Phase I. -11- E. The Developer shall contribute to the City a sum of money to defray, in full or in part, the cost of road and related traffic improvements necessary reasonably to accommodate the additional traffic expected to be generated by Park Place. The amount of money shall be consistent with the Project's proportionate share of those improvements set forth in Exhibit "E", attached hereto and by reference made a part hereof. In no event shall this sum be less than th~ amount shown below applicable to each phase. Payment of the listed principal amounts, plus interest, are to be made concurrently with certification of the initial final site plan f~r each of the following phases of Park Place in accordance with the following schedule: Phase I: $247,383 Phase II: $222,451 Phase III: $160,942 Interest on the principal sum for each phase shall accrue from the effective date of this Order and the interest shall be computed at a rate of ten (10) percent per annum beginning with the effective date of this Order. In lie~ of phased payments, the Developer may make a single payment of $646,303 to the City prior to certification of any final site plan for Phase I. Said payment is calculated to be adequate to address the future cost, including inflation, of road improvements, in recognition of the investment income which will accrue to the City prior to utilization of these funds. Payments of the foregoing monies shall constitute the final and complete payment by the Developer for any and all off-site transportation improveMents related to the Project. -12- F. Roadway improvement funds contributed under subsection 4. E. above shall be placed in a trust fund administered by the City for the benefit of its citizens and the Developer to provide solely for the following transportation system improve- ments, committed hereby to be constructed by the City unless constructed by another government entity consistent with the phasing of Park Place as noted below: 1. Phase I - (a) At the S.R. 60/Cl~arwater Mall Drive II intersection, construct two eastbound to northbound exclusive left turn lanes. (b) Install or renovate, as appropriate, traffic signals at the south project entrance and . S.R. 60, and at Hampton Road at S.R. 60. (c) Construct an excusive left turn lane on S.R. 60 approach and an additional through lane in each direction on S.R. 60 at the S.R. 60/Hampton Road intersection, with the through lanes to continue to the next intersection or some logical terminus in accordance with proper design practice. 2. Phase II -(a) Extend and widen Drew Street as a four-lane divided link (4 through lanes and turn lanes as are appropriate) between U.S. 19 and McMullen-Booth Road. -13- . ~ 3. Phase III-(a) Installation and/or relocation of additional traffic signals in the project area at Drew Street and the north project entrance, Drew Street and Hampton Road, the two south project entrances and State Road 60, and State Road 60 and Hampton Road; in phases as is appropriate but in their entirety by Phase III. (b) Expansion of Hampton Road to a two-lane divided link (2 through lanes with turning lanes as appropriate) from State Road 60 to Drew Street in phases related to points of access on Hampton Road, but in its entirety by Phase III. The City agrees to initiate the road and related improvements identified above prior to completion of the phase to which they relate; except that the City commits that the improvements identified under _ ~ subsection 4.F.1.(a) will be let for bid no later than twelve (12) months from the effective date of this Order with a scheduled construction completion date no later than twenty-four (24) months from the effective date of this Order. The City's agreement to the timely initiation and completion of those projects identified in subsections 4.F.1. through 3. above is sUbject only to the requisite authori- zation of the governing jurisdiction and any other factors which are not within the City's control. -14- G. In consideration of the sum(s) of money contributed by the Developer for the road improvements outlined under Section 4. F., the needs of the public transportation system and the funding constraints of the State and Pinellas County, the City agrees to assist in the furtherance of other necessary transportation system improvements consistent with Jurisdictional authority and available funding to achieve implementation of the following, according to the priorities, correlation between improvements and timing determined most advantageous and workable: 1. Phase I - During Phase I and ongoing for the duration of the Project, commitment to: (a) Secure dedication of right-of-way easements at time of annexation, site plan, subdivision plat or other relevant approvals. for thoroughfare system improvements. consistent with applicable State. County and City roadway design . standards. 2. Phase II -Prior to the initiation of Phase II. commitment to: (a) Convert the existing exclusive right turn lanes into combination through and right turn lanes on U.S. 19 at the intersection with Northeast Coachman Road. with the new through lanes on U.S. 19 to continue to the next intersection. or some logical terminus in accordance with proper design practice. -15- (b) Construct additional through lanes on U.S. 19, and convert the existing exclusive right turn lanes into combination through and right turn lanes on Sunset Point Road at the U.S. 19/5unset Point Road intersection, with the new through lanes to be continued to the next intersection or some logical terminus in accordance with proper design practice. (c) Construct an exclusive right turn lane on both U.S. 19 approaches at the U.S. 19/Northeast Coachman Road intersection. On the eastbound Northeast Coachman approach, add a through lane and convert the exclusive right turn lane into a combination through and right turn lane. On the westbound Northeast Coachman approach, one existing exclusive left turn lane will be deleted, and the exclusive right turn lane will be converted to a combination through and right turn lane. The additional through lanes on Northeast Coachman Road shall continue to the next intersection or some logical terMinus in accordance with proper design practice. (d) Construct a grade separated interchange at the U.S. 19/Drew Street intersection. f -16- (e) Construct one additional exclusive left turn lane in the eastbound and westbound direction at the U.S. 19/5.R. 60 intersection. (f) Construct an eastbound to southbound exclusive right turn lane at the U.S. 19/Belleair Road intersection. (9) Construct an additional eastbound to northbound exclusive left turn at the Belcher Road/Sunset Point Road intersection. Construct a through lane on the northbound Belcher Road approach and on the eastbound Sunset Point Road approach. Convert the existing exclusive right turn lanes into a combination through and right turn lane on both Sunset P9int Road approaches and on the southbound Belcher Road approach. The through lanes shall continue to the next intersection or some logical terminus in accordance with proper design practice. 3.Phase III -Prior to the initiation of Phase Ill, commitment to: (a) Construct a grade separated interchange at the U.S. 19/5unset Point intersection. (b) Construct a grade separated interchange at the U.S. 19/ Northeast Coachman Road intersection. -17- (c) Convert the exclusive right turn lanes into a combination through and right turn lane in each direction at the U.S. 19/Belleair Road intersection, with the through lanes to continue to the next intersection or some logical terminus in accordance with proper design practice. (d) Construct exclusive right turn lanes on all approaches except for the eastbound Sunset Point Road approach, and construct additional through lanes in each direction on Sunset Point Road at the Belcher Road/Sunset Point intersection, with the through lanes to continue to the next intersection or some logical terminus in accordance with proper design practice. (e) Construct an additional through lane and additional exclusive left and right turn lanes on all approaches, with the through lanes to be continued to the next intersection or some logical terminus in accordance with proper design practice at the Belcher Road/S.R. 60 intersection. (f) Construct an exclusive right turn lane on the westbound Sunset Point Road approach at the Sunset Point Road/Old Coachman Road inter- section. -18- -19- I. The developer shall, during construction of Phase I of the Project, prepare a Transportation System Management (TSM) Plan, which shall be submitted for approval coincident with the submittal of the preliminary site plan for Phase II of Park Place. The TSM Plan shall be submitted to the City, the TBRPC, the Pinellas County MPO, FOOT and the Pinellas Suncoast Transit Authority, as appro- priate. The plan of TSM measures as approved by the City shall be instituted during Phase II of the Project and implemented for the duration of the life of the Project, according to the following: 1. Assure implementation, by a responsible entity, of Park Place worker flex time of sufficient magnitude to divert 11.9 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Measures to achieve this diversion may include transit incentives and/or lease agreement stipulations, and ~thers as appropriate. 2. Assure implementation, by a responsible entity, of a TSr., program of Park Pl ace worker ri de- sharing, of sufficient magnitude to divert 2.8 percent of total peak hour vehicle trips projected in the ADA away from the peak hour traffic. Incentive measures to achieve this diversion may include preferential parking, and/or coordinating service, as appropriate. 3. Assure implementation of a bus incentive program in cooperation with the Pinellas Suncoast Transit Authority that will result in provision of sufficient transit service facilities and ridership to assure a diversion of 5.6 percent of total peak hour vehicle trips -20- as projected in the ADA away from the peak hour traffic. Measures to achieve this diversion may include adequate headways, bus stops and shelters, employee bus passes, and developer subsidies, as appropriate. 4. Assure implementation of express bus service of sufficient magnitude to effect a diversion of 1.8 percent of the total peak hour vehicle trips away from the peak traffic hour, pro- vided, however, implementation of express bus service shall not be required until final site plan approval is requested for the initial portion of Phase III of Park Place. Measures to achieve this diversion shall include adequate headways, bus stops and shelters, employee bus passes, developer subsidies of park and ride lots and capital improvements, as appropriate. 5. Actual experience in implementation of the TSM Plan may indicate that the individual rates of reduction vary from those described above. Any such variances shall be considered consistent with this Order, provided that the overall cumulative reduction in vehicle trips is at least 20.3 percent by the end of Phase II and 22.3 percent in Phase III. 6. Monitoring of the effectiveness of TSM programs shall be conducted biennially starting with submission of a report concurrent with the first annual report following preliminary site plan approval for Phase II. The monitoring methodology shall be based on generally accepted traffic engineering practice reason- ably acceptable to the City. If monitoring indicates that target reduction level s are not -21- being achieved, the City may withold authoriza- tion of final site plan approvals requested subsequent to submission of the TSM report for Phase II and preliminary or final site plan approval for Phase III, until acceptable mitigation methods are implemented. The City has the right at its expense to require verification from a source other than Developer's consultant, of methods as may be appropriate to assure that an accurate representation of TSM effectiveness has been submitted and may hold a public hearing consistent with the provisions of subsection S.C. of this Order prior to final site plan approvals requested subsequent to submission of the TSM report for Phase II or prior to preliminary site plan approval for Phase III to evaluate the TSM Plan and performance thereunder. J. The Developer shall be responsible'for all improve- ments made on the Park Place site, and for con- struction and maintenance of all open space, drainage retention, street medians, street lighting (including the cost of supplying electricity thereto), and access drives and roadways to and through the Project, including access drives across designated land or easements yet to be acquired. The Developer shall be responsible for proper maintenance of all on-site development approved consistent with the Conceptual Plan included as Exhibit ~D~. The foregoing, however. shall not -22- preclude the Developer from offering, and the City from accepting, dedication of any street proposed to be a public street, in which case the City will assume responsibility for maintaining said public street consistent with the provisions set forth in Exhibit "B". K. Wetlands on the site, designated as Aquatic Lands (AL) by the City and as identified in the ADA, shall remain undisturbed by development activities, except as approved by the City consistent with provisions of the AL zoning district and City drainage and retention policies. L. The following measures to control water quality and erosion referenced in the ADA, shall be implemented to the satisfaction of the City consistent with established policy including controlled phasing so that large areas are not left exposed for long periods of time, minimal grading, maximum use of existing vegetation, seeding, mulching, sodding and safe disposal of runoff. M. The Developer shall institute a program to be developed in conjuction with the City to monitor theon-site water quality in the proj~ct drainage system, so that a determination by the City of this project's impact on nearby receiving waters cah be made and adjusted as may be required. N. Paved parking surfaces shall be cleaned/vacuumed periodically as part of a water quality maintenance program designed to be consistent with the Source Control Practice section (page 6-10) of the TBRPC approved Stormwater and Lake Systems i1aintenance and Design Guidelines. The entity responsible for implementation shall be subject to reasonable approval by the City. -23- o. All drainage plans shall be prepared in accordance with the TBRPC approved Stormwater and Lake Systems Maintenance ~ Design Guidelines and shall be submitted to the City and the TBRPC for review prior to any final site plan approval. All . drainage plans will be subject to City approval consistent with City requirements therefor at time of final site plan approval. P. The final drainage system shall include the following recommendations of the Florida Game and Fresh Water Fish Commission: 1. A stormwater management system with shallow detention ponds with wide, gently sloping littoral zones (lV:6H vertical :horizontal minimum); 2. Revegetation of constructed littoral zones with native wetland species; 3. Routing stormwater, whenever practical, via open vegetated swales as opposed to pipes and culverts. Q. Bicycle and pedestrian pathways shall be incorporated into the development as measures to decrease vehicular pollution/e~issions, as referenced in the ADA, and shall be a condition of approval of site plans within Park Place. R. Appropriate corrective measures shall be taken to mitigate soil limitations and additional soils testing as is required to accommodate final building construction design as required by the City. -24- S. The Developer shall phase construction so that trees with active osprey nests shall remain in place through the nesting season. If an active nest is removed, with approval of the Florida Game and Fresh Water Fish Commission, it shall be replaced with a suitable nest stand. T. A capture-release program be established for any Gopher Tortoise, Florida Mouse and Eastern Indigo Snake observed on-site during construction, as referenced in the ADA. The release site shall be determined in cooperation with the Florida Game and Fresh Water Fish Commission. U. Any historical or archaeological resources dis- covered during construction will be reported to the Florida Division of Archives, History and Records Management and that the disposition of such resources be determined in cooperation with the Division of Archives and the local government with jurisdiction, as referenced in the ADA. V. Site plans shall include provision for preservation and transplanting of as many tree clusters or in- dividual trees as is feasible and tree preservation measures shall be included as a consideration in site plan approval. w. The Developer shall encourage that energy conserva- tion measures such as building orientation and shading, overhangs, sun angles, and use of renew- able energy sources, be incorporated into the Park Place development. The extent to which cost- effective energy conservation measures are included shall be a consideration in site plan approval. x. The Developer, its successors or assigns, shall be the entity responsible for maintenance of on-site wells. -25- Y. The City alone, and where appropriate in conjunction with Pinellas County, shall provide fire, police, EMS, sewerage, refuse disposal, potable water, and other general government services to Park Place. Section 5. Administration - That the following procedure~ and requirement will apply to the on-going administration of this Development Order: A. The Developer shall submit an annual report on the DRI to ~he City, the TBRPC, the Southwest Florida Water Management District, and the State Land Planning Agency on the anniversary of the effective date of this Development Order for each following year until and including such time as all terms and conditions of this Order are s~tisfied or same has expired by its term, whichever is earli~r. Such report shall be submitted for review by the City Commission to insure compliance with the terms and conditions of this Order. The Developer shall be notified of any City Commission hearing wherein such report is to be reviewed, provided, however, that receipt and review by the City Commission shall not be considered a substitute or a waiver of any terms or conditions of the Development Order. Each report shall contain: 1. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; 2. A description of all development activities proposed to be conducted under the terms of this Order for the year immediately subsequent to the submission of the annual report; -26- 3. A statement listing anticipated applications for development approvals or permits required pursuant to applicable regulations which the Developer proposes to submit during the year immediately following submittal of the annual report; 4. A statement setting forth the name(s) and address of any assignee or successor in interest to the Developer in its capacity as developer of Park Place or any portion thereof; and 5. A statement that all persons have received copies of the annual report, as required under Section 380.06(16), Florida Statutes (1981). It is the intent of this requirement that the submi ttal of the annual report shall be in addi ti on to and not in lieu of any submittal requirements for an annual report as promulgated by the State Land Planning Agency. B. Further review pursuant to Chapter 380, Florida Statutes may be required if a substantial deviation, as defined in Chapter 380, Florida Statutes, occurs. The Developer shall be given due notice of, and an opportunity to be heard at, any hearing to determine whether a proposed change to the development is a substantial deviation. Substantial deviation may occur by failure to comply with the conditions of this Order, other than a failure by the City, failure to follow the plans and speCifications submitted in the ADA and supplementary information, or by activities which are not commenced, other than by the City, until after the expiration of the period of effectiveness of this Order. -27- C. Approval of preliminary site plans for Phases II and III of Park Place shall comply with the following provisions, which shall be instituted in addition to the otherwise applicable procedures contained in the City Code of Ordinances and this o rde r. 1. At the time of submittal of preliminary site plans for Phases II and III, the City shall evaluate the status of improvements and commit- ments to improve the transportation system in the project area. Said evaluation shall be based on the road improvements outlined in Exhibit "F", attached hereto and by reference made a part hereof, which summarizes the findings and recommendations of the TBRPC. Each transportation improvement included in these findings and recommendations has been assigned a pOint value equal to the percentage of peak hour traffic which was expected to be generated by Park Place. Points shall be granted, in the amounts indicated, for construction or commit- ments to fund improvements consistent with the phasing recommended by TBRPC. Exhi bi t "F" of this Ordinance provides a detailed summary of improvements and point totals. 2. Traffic impacts of Park Place shall be con- sidered acceptable when construction or funding commitments generate a point total equal to seventy-five (75) percent of the total number of points for the corresponding phase, provided however, that the total possible number of points for any phase is inclusive of any carried-over for uncommitted projects not accomplished in prior phases. Additional points may be applied to the score if the effectiveness -23- of TSM measures exceeds the levels indicated in Section 4.1.5. of this Ordinance, as determined by monitoring reports provided by the Developet. Additional points for transit effectiveness, if earned, will be added at the rate of five (5) points per one (1) percent increase in overall transit effectiveness. The addition of any pOints accruing from transit effectiveness shall constitute a bonus and be added only to the point score otherwise granted by a tally of transportation improvements or commitments and shall not be reflected in the sum of total possible points. For purposes of point calcula- tion, those projects which have benefitted from a contribution by the Developer, as set forth in Exhibit "E" shall be considered to be committed. Further, it is acknowledged that the list of projects included as Exhibit "F" shall be amended under the following conditions: (a) If the TBRPC amends its rule governing recommendations for transportation impact mitigation responsibilities in such a manner as to increase the threshold, which is currently set at five (5) percent of road or intersection capacity based on peak hour LOS D, those locations at which Park Place no longer contributes in excess of the adjusted threshold and for which no funding commitment has been made may be deleted from the listing included as Exhibit "F", and the possible point total for the phase indicated shall be reduced accordingly. -29- -30- ~d) Funding opportunities and constraints of the respective State, County and City juris- dictions; (e) The extent and effectiveness of TSM measures implemented according to the TSM Plan; (f) The current applicable formula and criteria established by the TBRPC for review of ORIls; (g) Actual versus projected growth rates of background traffic; (h) Ability of the City, the Developer or other responsible entity to undertake or contribute toward necessary improvements; and (i) The extent to which traffic generated by Park Place is expected to cause deterioration of traffic conditions. Upon consideration of the information and testimony received at public hearing, the City Commission shall approve, approve with conditions, or deny prel iminary site plan approval for Phase II and Phase III respectively. The determination with respect to transportation impacts shall be made based upon the above-identified factors and the findings of fact that necessary improvements have been or will be committed to. The City shall neither unreasonably withold approval nor have any obligation to grant approval as a result of the previous phases of the Development. D. The definitions contained in Chapter 380, Florida Statutes (1981), shall control the interpretation and construction of any terms of this Order. As used here;n the term "commitment" or "funding commitment" shall mean the inclusion of the improvement ;n any governmental -31- agency's capital improvement program, including but not limited to the FOOT Five Year Work Program and the Pine11as County MPO Transportation Improvement Program or a written representation by the Developer acknowl- edging its assumption of the responsibility for funding and constructing the improvement. E. This Order shall remain in effect for a period of twenty (20) years from the effective date of this Ordinance; providing however that a preliminary site plan for Phase I is submitted and approved within one (1) year from said effective date and reasonable continuous progress is made toward the completion of this Project during the duration of this Order. If the Project is discontinued for any consecutive period of two (2) years, this Order shall expire and no further development shall occur prior to the reinstatement of this Order by specific action of the City Commission. The Project shall not be deemed to have been discontinued so long as the Developer is actively involved in Project leasing activities, managing the Project, or operating under an approved site plan of the Project. Nothing herein contained shall be construed as requiring that con- struction activity be engaged in by the Developer within any two (2) year period. Any development activity, wherein plans have been submitted to the City for its review and approval prior to the expiration date of this Order, may be completed, if approved. This Order may be extended by the City upon the finding of just cause. Nothing in this Ordinance shall deny the Developer, its successors or assigns the right to petition for an amendment to this Ordinance, if the review requirements -32- of the TBRPC are amended significantly in regard to traffic or other regional impacts, if background or site-generated traffic volumes differ significantly from those projected in the ADA, or if there is evidence of other changes in conditions revealed during the moni- toring process. F. This Order shall be binding upon the Developer, and its assigns, or successors in interest. G. Any reference herein to any governmental agencies shall be construed to mean any future instrumentality which may be created or designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. H. The City Clerk is directed to send copies of this Order, within five (5) days of the effective date of this Ordinance, to the Developer, the DCA and th~ TBRPC. I. The Developer shall record a notice of adoption of this Order as required pur.suant to Section 380.06(14)(d), Florida Statutes (1981), and shall furnish the City Clerk a copy of the recorded notice. J. This Order shall be deemed rendered upon transmittal of copies hereof to the recipients specified in Chapter 380, Florida Statutes. Section 6. Plan Conformity - The City does hereby certify that the measures contained in this Ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be forwarded to the LPA for their receipt and appropriate action. -33- Section 7. Interpretation - Approval of this Order shall be construed to obligate the City to make a good faith effort to undertake the specified improvements and provision of services which ~ould normally accrue to its jurisdiction, and to consider approval of any site plan, building permit or cer- tificate of occupancy for Park Place which is otherwise con- sistent with the terms of this Order and the otherwise applicable laws, 'requirements and fees. Completion of scheduled or actual improvements delayed or prevented by extraordinary or unforseen circumstances outside the City's control shall not be considered a breach of the Order. Acceptance by the City of funding contributions specified in this Order shall not be construed to obligate the City to perform in conflict with or derogation of any applicable provisions of this Order, or in conflict with any such applicable land development and building regulations as may be applicable at such time as plans are submitted for approval during the build-out of Park Place. Section 8. Repealer - All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. Section 9. Separability - Should any part or provision of this Ordinance be declared by a court of competent Jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid; provided however that any such finding of invalidity shall automatically authorize the City, the TBRPC, the DCA or the Developer to request a determination under the provisions of Chapter 380, Florida Statutes relative to substantial deviation. Section 10. Notice - Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. -34- Section 11. Effective Date - The provisions of this Ordinance shall take effect as provided in Chapter 380, Florida Sta tutes. Attest: PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED August 18, 1983 September 1, 1983 / s / Kathleen F. Kelly Mayor-CommlSSloner / s/Lucille Williams City Clerk -35- EXHIBIT IIAII EXHIBIT IIBII EXHIBIT IICII EXHIBIT 11011 EXHIBIT II Ell EXHIBIT IIF11 LIST OF EXHIBITS Legal Description of Park Place First Amended and Restated Annexation Agreement Application for Developr.lent Approval, As Amended, and Traffic Supplement Conceptual Master Plan for Park Place Road Improvements, to be Wholly or Partially Financed by Park Place Summary Findings and Recommendation of TBRPC, with Percentages Attributable to Park Place EXHIBIT "A" LEGAL DESCRIPTION OF PARK PLACE Commence at the center of Section 17. Township 29 South. Range 16 East, Pinellas County. Florida and go S 89046'0111 W. 660.00 feet, along the South boundary of the Northwest 1/4 of said Section 17 (the East-West centerline of said Section 17;) thence N 00019'2111 W. 50.00 feet. to a point on the North right-of-way line of Gulf-to-Bay Boulevard - State Road 60 for a POINT OF BEGINNING; thence. following said North right-of- way line. S 89046'01" W. 58.49 feet; thence N 00013'5911 W, 10.00 feet; thence S 89046' 0111 W. 1319.21 feet; thence. 1 eavi ng sai d North ri ght- of-way line. N 01004' 0411 E. 599.99 feet; thence S 89046' 01" W. 198.43 feet; thence N 00052'2111 E. 554.70 feet; thence S 89054'4911 W. 400.06 feet, to a point on the East right-of-way line of U.S. Highway 19; thence, following said East right-otway line, N 01004'04" E. 28.15 feet; thence along a curve to the right that has a radius of 192.00 feet, an arc length of 72.82 feet. a chord length of 72.39 feet, a chord bearing of N 11056'0411 E, thence N 22047'5811 E. ll.93 feet; thence along a curve to the left that has a radius of 238.00 feet, an arc length of 16.13 feet, a chord length of 16.13 feet. a chord beari ng of N 20051' 2711 E, to a po; nt on the North boundary of the Southwest 1/4 of the Northwest 114 of said. Section 17; thence, leaving said East right-of-way line of U.S. Highway 19. N 89054'4911 E. 1222.19 feet. along the North boundary of the Southwest 114 of the Northwest 1/4 of said Section 17 to the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 17; thence N 0002212811 E, 1337.33 feet,' along the West boundary of the Northeast 114 of the Northwest 114 of Section 17 to the Northwest corner of said Northeast 114 of the Northwest 1/4; thence S 890S6'll" E, 1312.06 feet, along the North boundary of said Northeast 1/4 of the Northwest 114 to a poi nt arT the West ri ght-of-way 1 i ne of Hampton Road - County Road 144; thence S 00019' 21'1 E, 2337. n feet, along said West ri ght -0 f-way 1 i ne; thence S 89046'01" W. 627.00 feet; thence S 00010'21" E. 280.00 feet, to the POINT OF BEGINNING, containing 99.133 acres. more or less. Subject to easements and rights-Of-way of record" Information taken from survey by Lloveras. Baur & Stevens. Consulting Engineers-Land Surveyors. Clearwater. Florida, February 23, 1982. A-l. EXHIBIT "B" FIRST AMENDED AND RESTATED ANNEXATION AGREEMENT THIS FIRST AMENDED AND RESTATED ANNEXATION AGREEMENT is made this day of September, 1983, among the CITY OF CLEARWATER, FLORIDA ("City"), MDC ASSOCIATES 81-A, LTD., a Georgia limited partnership, METRO DEVELOPMENT CORPORATION, a Georgia corpora- tion, OR ASSIGNS ("Developer"). WIT N E SSE T H: WHEREAS, Sidney Colen ("Colen") owns the real property described on Attachment 1. attached hereto ("the Annex Property") and the real property described on Attachment 2. attached hereto (which real property together with the Annex Property is some- times hereinafter collectively referred to as the "Project Property") which he has agreed under certain circu~stances to convey to Developer; and WHEREAS, Developer wishes for the Annex Property to be annexed into the City provided that the City agrees to certain conditions relative to the Project Property; and WHEREAS, the City wishes to annex the Annex Property to be annexed into the City provided that the Developer agrees to certain conditions relative to the Project Property; and WHEREAS, Colen has heretofore filed with the City a Petition for Annexation and Zoning and an Application to Amend Land Use Plan relative to the Annex Property; and WHEREAS, on August 18, 1982, the City and Developer entered into an Annexation Agreement whereby the Project Property may be annexed into the City, which Annexation Agreement is recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida; and WHEREAS, on July 16, 1982, the Developer filed an Applica- tion for Development Approval of a Development of Regional Impact ( " DR I ") wit h the City and 0 the rap pro p ria tea g e n c i e s; and B - 1. WHEREAS, on October 11, 1982, the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WHEREAS, the Developer has made substantial changes to the origfnal Conceptual Development Plan (the "Plan"), attached as Exhibit Cto the Annexation Agreement; and WHEREAS, the City and Developer have agreed to other changes in the Annexation Agreement; and WHEREAS, the parties wish to amend the Annexation Agreement relative to the Project Property; NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties amend and restate the Annexation Agreement in its entirety as follows: 1. Recitals. The foregoing recitals are true and correct. 2. Annexation. Simultaneously with the approval of this Agreement by the City, the City shall conclude annexation of the Annex Property. 3. Conceptual Development Plan. Immediately following the effectuation of the annexation of the Annexed Property, the City shall issue its Development Order relative to the Project Property. The Conceptual Development Plan attached to the Development Order as Exhibit "D" shows the general parameters for development of the Project Property. Any development of the Project Property by Developer shall be in substantial compliance with these parameters. All site and engineering plans, building plans, DRI Studies, or amendments or addenda thereto, or other similar documents or applications relative thereto, that are submitted by Developer to the City and are consistent with the proposed development as shown on the Plan and as are consistent with the Development Order adopted by the City as Ordinance No. 3205-83 of which this amended agreement is a part, shall be expeditiously processed by the City. B-2. 4. Parkland Dedication. The City's parkland dedication requirement shall be satisfied in full upon the payment by the Developer to an independent trustee designated by the City of the sum of $600,000.00, such payment to be made within five (5) days following the effective date of the Development Order. This sum shall be invested in an interest bearing account as directed by the City with the interest to accrue to the benefit of the City. The developer shall exercise its best efforts for a period of twelve (12) months from the effective date of the Development Order, to locate and acquire, upon terms mutually acceptable to the Developer and the City, a recreational facility acceptable to the City in the City's sole discretion. In the event that Developer is successful in contracting for the acquisition of such a facility, then the City shall authorize the trustee to disburse so much of the funds held by it as may be necessary to close the acquisition contracted for by the Developer for conveyance to the City. The balance of the funds held by the trustee, if any, shall be paid over to the City. The City may, in its sole discretion, choose to assume any mortgages that may encumber such a facility, or contribute toward the purchase price of such a facility, or both. At any time prior to the Developer contracting for acquisi- , tion of such a faCility upon written notification by the City to the Developer and the trustee, the trustee shall promptly pay over to the City the funds, including interest, held by it. Upon the earlier of (i) twelve (12) months from the effective date of the Development Order, (ii) the consummation of the acquisition of such a facility or (iii) the payment to the City of the funds held by the trustee, the Developer shall be relieved of any further obligation under this paragraph. B-3. In the event that the Developer is not successful in contracting for the acquisition of an acceptable recreation facility within 12 months, the sum of $600,000 plus interest shall be paid over by the Trustee to the City. Prior to approval of the preliminary site plans for Phases II and III of Park Place, the City shall prepare a report describing the recreation lands and facilities or open space lands which have been acquired with the funds provided by the Developer, as well as any unex- pended balance of the funds or interest that has accrued. In consideration of transportation needs in the Project area, the City Commission may elect to use any unexpended parkland monies to support improvements to the transportation system provided that a minimum of $240,000 (which equates to four (4) percent of the purchase price of the Project Property) be expended for public parkland/open space purposes. 5. Land Use Designation and Zoning. Upon annexation of the Annex Property into the City, the Land Use Plan designation and Zoning Atlas category for each phase thereof shall be as set forth in the annexation, land use plan and zoning ordinances respectively. The portion of the Project Property already within the City's limits shall continue with the same Land Use Plan designation and Zoning Atlas category as in effect on July 15, 1982. Nothing herein shall preclude the subsequent amendment of the Land Use Plan or Zoning Atlas categories or the applicable requirements thereunder, except that development shall be entitled to proceed in accordance and consistent with the specific authorization of the Development Order and the City Code of Ordinances in effect at the time of application for findl site plan approval. 6. Utilities Service. (a) Sewer. According to Developer1s proposed phasing schedule for the proposed development, average daily se~er service requirements, by Phase and cumulatively, will be as follows: B - 4. PHASE RETAIL (MGD) OFFICE (MGD) TOTAL (MGD) I .023 .037 .060 I I 0 .024 .024 III 0 .022 .022 TOTAL .023 .083 .106 Because of the magnitude of the proposed development and the length of the term over which it will be in process, Ci ty .and Developer recognize the need for maximum certainty regarding the availability of sewer service for the proposed development. The City at its cost shall provide sewer service along u.s. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue adequate and available for use to serve the Project Property. (b) Water. Water service is available to the Project Property from wat~r lines along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue. The projections of average daily water demand, by Phase and cumulatively, based on the Developer1s proposed phasing schedule for the project are as follows: PHASE I II III RETAIL (MGD) .023 o o .023 OFFICE (MGD) .037 .024 .022 .083 TOTAL (MGD) .060 .024 . .022 .106 TOTAL The sizes of the water lines presently in place are sufficient to service the above described estimated water needs of the proposed project. (c) Natural Gas. The City shall at its expense install a natural gas distribution system serving the Project Property where such installation expense can be recovered within a reasonable time based upon projected revenues to be generated by such system. Where gas mains are not located within dedicated rights-of-way or easements, easements shall be provided by Developer for said mains at no expense to City. B - 5. , 7. Roads and Signs. If Developer constructs roads on the Project Property in general conformance with the design shown on Exhibit "0" of the Development Order and in locations and to specifications acceptable to the City, then City shall accept any such road dedicated by Developer to the public or the City. Developer agrees that if such roads are dedicated, it will agree to maintain all median areas and shall provide reasonable liability insurance to City with respect to such medians. City recognizes the unique nature of the proposed development and agrees that business identification signs otherwise consistent with City sign regulations and subject to site plan review requirements, including sign size, design, and location, may be placed and maintained within publicly dedicated right-of-way so long as no danger to vehicular or pedestrian traffic is imposed thereby. 8. Access Easement. Upon annexation of the Annex Property, the City shall by separate instrument reasonably satisfactory to Developer, grant to Developer, its successors, assigns, guests and invitees, a right-of-way easement in a location and of a design reasonably acceptable to City for ingress, egress, and utilities over and under the real property described on Attachment 3. attached hereto. The term of such easement shall be the maximum permitted by law. The relocation and adjustment of existing facilities within said easement shall be at Developer's expense. 9. Access to Out Parcels. The City agrees not to prevent the right of ingress and egress to the out parcels fronting on State Road 60 provided that a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted east of the main project entryway and a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted west of the main project entry. a - 6. 10. Development of Regional Impact. Developmnent of the Project Property constitutes a DRI as defined in Florida Statutes, Chapter 380. The City agrees that compliance by the Developer with the provisions of Chapter 380 is in addition to and complimentary to the initial Community Impact Statement ("CIS") prepared for the Project Property by the Developer. The DRI process, constituting a more comprehensive and complete evaluation of project impacts, supplants and supersedes the CIS wherever the two may be inconsistent and precludes the necessity of submitting any additional CIS for each phase or tract of the project. 11. Remedies. The parties recognize that damages for a breach by either party of the terms of this Agreement or the Development Order may be difficult or impossible to ascertain. The parties further recognize that there may be no adequate remedy at law for any such breach. Accordingly, the parties agree that either mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary and permanent) is an appropriate remedy in the event of breach, whether actual or anticipatory, of this Agreement or the Development Order. In the event of any litigation arising out of this Agreement or the Development Order, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees. 12. Effective Date and Term. This Agreement shall be effective upon its execution by the City and the Developer. This Agreement shall be in effect for twenty (20) years following the effective date of the Development Order. 13. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. B - 7. ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CLEARWATER, FLORIDA Attest: C, ty Cl erk. By: Cl ty Manager Counter- signature Mayor-Commlssioner Appr-oved ai-~form and c..or.e..c:....FteSs.......' ./. .}.'.'.~, ,,' /. I ,// / , ,/, ( iJ/1; 1!)1~/~' _{rrt}('~tto~;;;Y I "CITY" , Witnesses: MDC ASSOCIATES 8i-A. LTD., a Georgia limited partnership By: G e n era 1 Par t ne r "DEVELOPER" RE31.27 B - 8. NORTH PARCEL DESCRIPTIOtT: Beqin at the northwest corner of the N.E. 1/4 of the N.W. 1/4 of Section 17, Township 29 South, Range 16 East, Pine11as County, Florida and go S. 890-56'-11" E., 1312.06 feet; along the north boundary of said N.E. 1/4 of the N.W. 1/4 of Section 17, to a point on the west right-of-way line of Hampton road - County Road No. 144; thence S. 000-19'-21" E., 1333.85 feet, along said west right-of-way line to a point on the south boundaryo of the N.E. 1/4 of the N.W. 1/4 of said Section 17; thence S. 89 -54'-49" W., 1328.31 feet, along the south boundary of the N.E. 1/4 of the N.W. 1/4 of said Section 17: thence N. 000-22'-28" E., 1337.33 feet, along the west boundary of the N.E. 1/4 of the N.W. 1/4 of said Section 17, to the Point of Beginning. Containing 40.477 acres, more or less. SOUTH PARCEL DESCRIPTION: Commence at the southeast corner of the N. vl. 1/4 of Section 17, TownsIoip 29 South, Range 16 East, Pinellas County, F19rida and go N.OO -19'-21" W., 33<b.00 feet, along the east boundary of said N.W. 1/4; thence S. 89 -46'-41" W., 33.00 feet, to a point on the west right-of-way line of Hampton Road-County Road No. 144 for a Point of Beginning; thence S. 890-46'-01" W., 1998.14 feet, along a line 330.00 feet north of and parallel to the south boundary of said N.W. 1/4 of Sect Jon 17; thence N. 010:';'04'-04" E., 229.92 fegt: thence S. 89 -46'-01" W., 198.4~ feet; thence N. 00 -52'-21" E., 554,.70 feet: thence S. 89 -841-49" W., 174.94 feet; thence N. 000-53'-42" E., 125.02 feet, to a point on the north-boundary of the S.W. 1/4 of the N.W. 1/4 of said Section o 17; thence N. 89 -54'-49" E., 2349.30 feet, along the north boundaries of the S.W. 1/4 and S.E. 1/4 of said N.W. 1/4 of Section 17, to a point on the west r~ht-of-way line of Hampton Road-County Road No. 144: thence S. 00 -19'-21" E., 1003.86 feet, along said west right-Of-way line, to the Point of Beginning. Containing 49.496 acres, more or less. ATTACHMENT 1 B - 9. t' # DESCRIPTION: Commence at the southeast corner of the N. \'1. 1/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida and go S. 890_46'-01" W., 660.00 feet, alonq the south boundary of said N.W. 1/4 (centerliee of Gulf-to-Bay Boulevard - State Road No. 60) ~ thence N. 00 -19'-21" W., 50.00 feet, to a point on the north right-of-way line of Gulf-to-Bay Boulevard; for a Point of Beginning; thence, following said nort8 right-of-way line, S. 89 -46'-01" Wb, 58.49 feet; thence N. 00 -13'-59" W., 10.00 feet; thence S. 89 -46' -01" W., 13lJ. 21 feet; thence, leaving said northoright-of-way line, n. 01 -04'-04" E., 270.07 feet; thence N. 89 -46'-01w E., 1371.13 feet, along a line 330.00 feet north of and parallel to, th~ south boundary of said N.W. 1/4 of Section 17; thence S. 00 -19'-21" E., 280.0Q feet, to the point of Beginning. Containing 8.533 acres, more or less ATTACHMENT 2 B - 10. , ' This property is the City well site property fronting on U. S. Highway 19 service road north of State Road 60. An accurate legal description mutually acceptable to City and Developer shall be prepared and substituted for this Attachment 3. - ATTACHMENT 3 B - 11. ~-:-- - EXHIBIT "e" APPLICATION FOR DEVELOPMENT APPROVAL, AS AMENDED, AND TRAFFIC SUPPLEMENT C - 1. EXHIBIT IIBII FIRST AMENDED AND RESTATED ANNEXATION AGREEMENT THIS FIRST AMENDED AND RESTATED ANNEXATION AGREEMENT is made this Q day of September, 1983, among the CITY OF GLEAR\lATER, FLORIDA (IICityll), MDC ASSOCIATES 81-A, LTD., a Georgia limited partnership, METRO DEVELOPMENT CORPORATION, a Georgia corpora- tion, OR ASSIGNS (~Developerll). WIT N E SSE T H: WHEREAS, Sidney Colen (IIColenll) owns the real property described on Attachment 1. att~ched hereto (lithe Annex Propertyll) and the real property desc'ri bed on Attachment 2. attached hereto (w~ich real property together with the Annex Property is some- times hereinafter ~olle~tively referred to as the IIProject Propertyll) which he has agreed under ce.rtain circu~stances to convey to Developer; and WHEREAS, Developer wishes for the Annex Property to be annexed into the City provided that the City agrees to certain conditions relative to the Project Property; and WHEREAS, the City wishes to annex the Annex Property to be annexed into the City provided that the Developer agrees to certain conditions relative to the Project Property; and WHEREAS, Colen has heretofore filed with the City a Petition for Annexation and Zoning and an Application to Amend Land Use Plan relative to the Annex Property; and WHEREAS, on August 18, 1982, the City and Developer entered into an Annexation Agreement whereby the Project Property may be annexed into the City, which Annexation Agreement is recorded in O.R. Book 5397, pages 2022 through 2031, inclusive, of the Public Records of Pinellas County, Florida; and WHEREAS, on July 16, 1982, the Developer filed an Applica- tion for Development Approval of a Development of Regional Impact (IIDRIII) with the City and other appropriate agencies; and B - 1. WHEREASt on October llt 198Zt the Developer filed with the City an Amendment to the Application for Development Approval and submitted copies of the Amendment to all appropriate agencies; and WKEREASt the Developer has made substantial changes to the o rig i n a 1 Con c ep t u a 1 De vel 0 pm e n t P 1 a n (t hell P 1 a nil) tat t a c h e d a s Exhi bi t .C to. the A-nnexati on Agreement; and WHEREASt the City and Developer have agreed to other changes in the Annexation Agreement; and WHEREASt the parties wish to amend the Annexation Agreement relative to the P~oject Ptopert~; NOWt THEREFOREt in consideration of the mutual promises herein containedt the parties amend and restate the Annexation Agreement in its entirety ~s follows: 1. Recitals. The foregoing recitals are true and correct. 2. Annexation. Simultaneously with the approval of this Agreement by the CitYt the City shall conclude annexation of the Annex Property. 3. Conceptual Development Plan. Immediately following the effectuation of the annexation of the Annexed PropertYt the City shall issue its Development Order relative to the Project Property. The Conceptual Development Plan attached to the De ve lop men tOr d era s Ex h ib i t II D II S how s the 9 en era 1 par a met er s for development of the Project Property. Any development of the Project Property by Developer shall be in substantial compliance with these parameters. All site and engineering planst building plans, DRI Studies, or amendments or addenda thereto, or other similar documents or applications relative thereto, that are submitted by Developer to the City and are consistent with the proposed development as shown on the Plan and as are consistent with the Development Order adopted by the City as Ordinance No. 3205-83 of which this amended agreement is a part, shall be expeditiously processed by the City. 6 - 2. 4. Parkland Dedication. The City's parkland dedication requirement shall be satisfied in full upon the payment by"the Developer toaninde~endent trustee designated by the City of the sum of $600,000.00, such payment to be made within five (5) days following the effective date of the Development Order. This sum shall be in~ested in an interest bearing account as directed by the City. with'the interest to accrue to the benefit of the City. The. <level oper shall exerci se its' best efforts for a peri od of twelve (12) months from the effective date of the D~velopment Order, to locate and acquire, upon terms mutually acceptabl~ to the Developer and the City, a re~reational facility acceptable to thi City in the City's .sole discretion. In the event that Developer is successf~l in contracting for the acquisition of such "a facility, then the City shall authorize the trustee to disburse so much of the funds held by it as may be necessary to close the acquisition contracted for by the Developer for conveyance to the City. The balance of the funds held by the trustee, if any, shall be paid over to the City. The City may, in its sole discretio~, choose to assume any mortgages that may encumber such a facility, or contribute toward the purchase price of such a facility, or both. At any time prior to the Developer contracting for acquisi- tion of such a facility upon written notification by the City to the Developer and the trustee, the trustee shall promptly pay over to the City the funds, including interest, held by it. Upon the earlier of (i) twelve (12) months from the effective date of the Development Order, (ii) the consummation of the acquisition of such a facility or (iii) the payment to the City of the funds held by the trustee, the Developer shall be relieved of any further obligation under this paragraph. ~ B-3. " " In the event that the Developer is not successful in contracting for the acquisition of an acceptable recreation facility within 12 months, the sum of $600,000 plus interest shall be paid over by the Trustee to the City.. Prior to approval of the preliminary site plans for Phases II and III of Park Place, the City shall prepare a report describing the recreation 1 and s and fa c i 1 i t i .e s 0 r ope n space 1 and s w hi c h h a v e "bee n a c qui red wi~hthe funds provided by the Developer, as well as any unex- pended balance of the funds or interest that has accrued. In consideration of transportatio~ needs in the Project area, the City Commission may elect .to use any unexpended parkland.monies to 'support improvements to the transportation system provided that a minimum of ~2~0,OOO (which ~quates to four (4) percent of the ~urchase price of the Project Property) be expended for public parkland/open space purposes. 5. Land Use Designation and Zoning. Upon annexation of the Annex Property into the City, the Land Use Plan designation and Zoning Atlas category for each phase thereof shall be as set forth in the annexation, land use plan and zoning ordinances respectively. The portion of the Project Property already within the City.s limits shall continue with the same Land Use Plan designation and Zoning Atlas category as in effect on July 15, 1982. Nothing herein shall preclude the subsequent amendment of the Land Use Plan or Zoning Atlas categories or the applicable requirements thereunder, except that development shall be entitled to proceed in accordance and consistent with the specific authorization of the Development Order and the City Code of Ordinances in effect at the time of application for final site pl an approval. 6. Utilities Service. (a) Sewer. According to Developer's proposed phasing schedule for the proposed development, average daily s~~er service requirements, by Phase and cumulatively, will be as follows: B - 4. (r, r PHASE RETAIL (MGD) OFFICE U~GD) TOTAL (MGD) I .023 .037 .060 I I 0 .024 .024 I I I 0 .022 .022 TOTAL .023 .083 .106 Because of the magnitude of the proposed development and the length of th.e term over which it wi" be in process, City and Develope.r recognize the need fo'r maximum certainty regarding the ava-ilability of sewer.service fot the proposed development. The City at its cost shall provide sewer service along U.S. Highway 19, Gulf-to-Bay Boulevar~, Drew Street, and Hampton Avenue . . adequate and available fQr use to serve the Project Property. (b) Water. Water service is available to the Project Property from wat~r' lines along U.S. Highway 19, Gulf-to-Bay Boulevard, Drew Street, and Hampton Avenue. The projections of average daily water demand, by Phase and cumulatively, based on the Developer's proposed phasing schedule for the project are as follows: PHASE RETAIL (MGD) OFFICE 01GD) TOTAL (MGD) 1 .023 .037 .060 I I 0 .024 .024 III 0 .022 .022 TOTAL .023 .083 .106 The sizes of the water lines presently i n place are s u f f ic i en t to service the above described estimated water needs of the proposed project. (c) Natural Gas. The City shall at its expense install a natural gas distribution system serving the Project Property where such installation expense can be recovered within a reasonable time based upon projected revenues to be generated by such system. Where gas mains are not located within dedicated rights-of-way or easements, easements shall be provided by Developer for said mains at no expense to City. B - 5. ... , 'I. '\ ~ ; 7. Roads and Signs. If Developer constructs roads on the Project Property in general conformance with the design sh9wn on Exhibit "D" of the Development Order and in locations and to specifications acceptable to the City, then City shall accept any such road dedicated by Developer to the public or the City. Developer agrees that if such roads are dedicated, it will agree to maintain all me~ian areas and shall provide reascrnable liability insurance to City with. respect to such medians. City recognizes the unique nature of the proposed development and agrees that business identifi.cation signs otherwise consistent with City sign regulations. and subject to site plan review requirements, including sign size, design, and location, may be placed and maintained within publicly dedicated right-of-way so long as no danger to vehicular or pedestrian traffic is imposed thereby. 8. Access Easement. Upon annexation of the Annex Property, the City shall by separate instrument reasonably satisfactory to Developer, grant to Developer, its successors, assigns, guests and invitees, a right-of-way easement in a location and of a design reasonably acceptable to City for ingress, egress, and utilities over and under the real property described on Attachment 3. attached hereto. The term of such easement shall be the maximum permitted by law. The relocation and adjust~ent of existing facilities within said easement shall be at Developer1s expense. 9. Access to Out Parcels. The City agrees not to prevent the right of ingress and egress to the out parcels fronting on State Road 60 provided that a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted east of the main project entryway and a maximum of two (2) points of ingress and egress to State Road 60 shall be permitted west of the main project entry. a - 6. '" .4 "'-'~ .. 10. Development of Regional Impact. Developmnent of the Project Property constitutes a DRI as defined in Florida Statutes, Chapter 380. The City agrees that compliance by the Developer with the provisions of Chapter 380 is in addition to and complimentary to the initial Community Impact Statement ("CIS") prepared for the Project Property by the Developer. The DRI proc~ss, const~tuting a more comprehensive and ~omplete ev~]uation of project impacts, supplants and supersedes the CIS wherever the two may be inconsistent and precludes the necessity of submitting any additional CIS for each phase or tract of ' the project. . 11. Remedies. The parties recognize that damages for a breach by either party of the terms of this Agreement or the Development Order may be difficult or impossible to ascertain. The parties further recognize that there may be no adequate remedy at law for any such breach. Accordingly, the parties agree that either mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary and permanent) is an appropriate remedy in the event of breach, whether actual or anticipatory, of this Agreement or the Uevelopment Order. In the event of any litigation arising out of this Agreement or the Development Order, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees. 12. Effective Date and Term. This Agreement shall be effective upon its execution by the City and the Developer. This Agreement shall be in effect for twenty (20) years following the effective date of the Development Order. 13. Binding Agreement. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. (3 - 7. ~ ~. .... .,.. ..~ . ~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above writ~en. At~~f.t; tb ~BY: Witnesses: 9'ur'. t.. \f;J~ '/Ylfl6{'YJc '7?1, 4lf t{r~ - RE31.27 Approved a~~form and . / ----- . /~r;~ctness. ~/ 7~ >/1Jt ~~ . - ct"ty'" At torn--;Y / / IICITyll / MDC ASSOCIATES al-A. LTD., a Georgia limited partnership c:-.~ . " By: 1/:'. ,'-,. _,__ ,t, ,_ -:':---.'_; G en era 1 Par t ne r ~ '\ ! IIDEVELOPERII B - 8.