12-01RESOLUTION NO. 12-01
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND AEC
SUNSET POINT, LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with AEC Sunset Point, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1. The Development Agreement between the City of Clearwater and
AEC Sunset Point, LLC, a copy of which is attached as Exhibit "A," is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the state land planning agency no later than fourteen (14)
days after the Development Agreement is recorded.
PASSED AND ADOPTED this 2nd
Approved as to form:
Leslie K. Dougall- i s
City Attorney
day of February , 2012.
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Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
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Resolution No. 12-01
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is dated
2012, effective as provided in Section 5 of this Agreement, and entered into aznong AEC
Sunset Point, LLC, 2159 McMutlen Booth Road, Clearwater, Florida 33759, its
successors and assigns, hereinafter referred to as {"Developer"), and the CTTY OF
CLEARWATER, FLORIDA, a mtmicipality of the State of Florida acting through its
City Couacil, the governing body thereof ("City").
RECITALS-
WHEREA,S, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
FIorida Lacal Governmerrt Development Agreement Act ("Act"), authorize the City to
enter into hinding development agreements with persons having a legal or equit�ble
interest iu real property located within the corporate timits of the City;
WI-�REAS, under Section 163.3223 of the Act, the City has adapted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures a�d requirements ta consider �d e�pter into deveiopment agreements;
WHEREA5, the Developer owns approximately 19.418 acres of real property
Iocated at 2750 and 2754 Sunset Point Road ("Property") in the corporate limits of the
City, which is comprised of two described properties ,as more particularly t�escribeci in
Exhibit A attached hereto and incorporated herein, which are the deseriptions of the two
parcels totaling the 19.418 acres;
WF-IEREAS, the Developer desires to develop the Concept Plan Area, comprised
of 6.571 acres with an expansion of existing research and fabrication facilities for
aviation instruments and equipment consisting of 134,000 sc�. ft. of two story (maximum
35 feet} development, generally conforming to the conceptvat plan shown on E�ibit B
attached hereto and incorpora.ted herein {the "Concept Plan");
WHEREAS, the Developex desires ta establish the required 25 foot buffer
between the propased development and the 12.84 acre preservation area in canjunction
with an appmved concept plan, generally conforming to the requirements shown au
Exhibit B attached hereto and incorporated herein ("Concept Plan"};
WHEREAS, the Developer wishes to provide ac�ditional protection to 25% of the
Property perimeter that abuts existing residential uses, by establishing a 25 foot setbaek
to residential boundaries {17.4 feet as to northem boundarylRegency Oaks), as shown in
F�hibits B and G;
WHEREAS, the Developer wishes to provide additional protection to abutting
instiiutional, offce and residential uses by limiting the allowable height for the proposed
research and fabrication structure ta no more than �two (2) stories;
W]HEREAS, the Developer will establish an acceptable perpetual restrictive
covenan# to limit industrial uses allowed in the proposed facility (See Exhibit C—
Proposed Restrictive Covenants), which shall be recorded in the Official Recards of
Pinellas County, Florida, and enforceable by the City of Clearwater; .
WH]EREAS, the Develaper has requested a land use plan aznendment resulting in
a change to approximately 6.571 acres m.o.l. of the Property;
WHEREAS, the Developer has requested a land use plan amendment from
Institutional (I}, to Industrial Limit�ed (IL) and a rezoning from Institational (� to
Industrial, Research, and Technology (IRT,) for the Concept Plan Area, as shawn on
Exhibit B;
WHEREAS, the Developer desires to provide appropriate buffer to the e�sting
preservation area, but such area wi11 only be defined when fmal jurisdiction boundaries
(consistent with DEP, SWFWMD and City requirements) are set by the Fina1 Site Plan,
and sa.id baundazies will modify t}ae definition of the buffer from the generalized
descriptian (12.84 acres) that is based on the cu�nt Pinellas Planning CounciI Fut�u�e
Land Use Map description of the Preservation land use area;
WF�REAS, the Developer agrees, upon issuance of a building permit, to place a
Conservation Easement an the Preservation Area {12.84 acres), as to the porticm of same
whieh is wetlands, for the use by the City in protecting the area cunentIy only controlled
by its land t�se designation.
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Sections 163.3220 et seq. Fla. Stat. (2010) and any other applicable �aw;
WHEREAS, the City has detern�ned that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Cade;
WHEREAS, the City has conducted public hearings as required by Sections 4206
and 4-606 of the Code;
WI-�REAS, at a duly called and advertised public meeting on February ,
2012, the City Council approved this Agreement and authorized and directed its
execution by the appropriate officials of the City;
WHEREAS, the Community Development Coorclinator {"CDC") reviewed the
intent of the Concept Plan which will be developed into a Final Site Plau and approved
the development of tlie 130,OOQ sq. ft. of two story (maximum 35 feet) research and
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fabrication and associated site improvements for parking and storm water management
conditioned upon the approval and �ecution of this Agceemeat; and,
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuaIs to execute this Agreement on Developer's behaif.
STATEMENT OF AGREEMENT
In consideradon of and in reliance upon the prernises, the mutual covenants
contained herein, and other good and valuable consideration, tl�e receipt and sufficiency
of which are }iereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SEC'TION 1. Recitals. The above recitals aze trac and correct and are a part of this
Agreement
SECTIUN 2. IQCOraoration of the Ac�t. This Agreement is entered 'urto in
compliance with and wnder the autharity of the Code and the Act, the tenns of which as
of the date of this Agreement are incorporated herein by this referenc� aud made a part of
this Agreemen�. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTIOP�T 3. Propertv Subiect to this AQreement. The Property is subject to this
Agreement.
3.1 The Property c�rently has land use designatians of Institutiana.t, and is
zoned Institutional.
3.2 Developer has reqaested a land Use change from Tnstitutional (n to
Industrial Limited (II,) on certain portions af the Pmperty as shown on the Z-LU
Amendment Requests Map.
3.3 Developer has requested a rezoning from Institutional (n to Industrial,
Research, and Technology (IRT) on ceztain portions of the Property as shown on the
Z-LU Amendment Requests Map.
3.4 The Property is owned by Developer as is evidenced by the deeds attached
as Exhibits D-2 and D-2. Lega1 description of Concept Plan Area is attached as F�xh�ibit
E, and Survey of Concept Plan Area and Zoning-Land Use Amendment Request . are
attached hereto as E�chibits F-1 aud F-2.
3.6 The Properry is generaily located at 2750 and 2754 Sunset Point Road,
ClearaTater, Florida.
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SECTION 4. Scone of Proiect
4.l The Project shall consist of the I30,040 Sq. Ft of reseazch and fabrication
facilities with associated infrastructure and pazking facilities on 6.5?1 acres as generally
depicted on the Concept Plan.
4.2 The Project shall include 195 parking spaces (1.5 spaces per 1000 sq ft.},
as shawn on the Concept Plan attached and pursuant to city code requirements. Conc�pt
pian proposes said parking spaces, but the building �d circulation may be modified to
accommodate additional parking imder structures given the topography of the site and to
accommoda.te any modification of the developable area due to the required 25 ft buffer.
4.3 The proposed floor area ratio on the Property far the proposed building of
130,Otf0 square feet is .454 F.AR. The proposed height of the Concept Plan buildings, as
defined in the Code, is a maximum of 35 feet.
4.4 The Project complies with the Metropolitan Planning Org�ization's
(MPO) countywide approach to the application of cancurrency manageinent for
transportation facilities.
4.5 The Project shall include mitigation af the impact to the wet�ands and
preservations areas adjacent ta the Concept Plan Area, as required by the st�te of Florida
DEP aund SWFWMD.
SECTION 5. Effective Date/Durstion of this A�eemen�
5.1 This Agreement shall not be effective until
S.1.I this Agreement is properly recorded in the public records of
Pinellas County, Florida; and
5.1.2 final approvai and effectiveness of a land use designation of
Industrial Limited (II.) on the Property; and
5.1.3 fuaal approvai and change of zoning to Industrial, Research, and
Technology (IRT).
5.2 Within fourt.een (14} days after the City approves the execution of ttus
Agreernent, the City shail record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The DeveIoper shall pay the cost of such recording. The City shall
submit Appropriate notice to the Department of Economic Qpportunity (as required for
sma11 scale amendments) in the form af a copy af the recorded Agreement withiu
fourteen {14) days after the Agreement is recorded. In the event that the cantingency
deseribed in Section 5.1.2 above is not satisfied within twelve {12) months from the date
hereof, the City and Beveloper agree to execute and deliver a termination of this
Agreement, in recordahle form, which shall be recorded in the Public Records of Pinellas
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County, Florida at the expense of the DeveIoper. Notwithstanding the foregoing,
DeveIoper may request an extension of time, via the Community Development
Coordinator, for the completion of the contingencies far no more t�an twelve ad.ditional
months.
5.3 This Agreement shall cantinue in effect until terminated, as defined
herein, but for a period not to exc�ed twenty (20} years.
SECTION 6. Qbligations nnder this Aereemen�
6.1 Qbtigations of the Develoner
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in int�erey�t or
assigns.
6.1.2 At the time of development of the Property, the DeveIoper will submit
such applications and documentstion as are required by law and shall comply with the
City's Code applicable at the time of building pernut review.
6.1.3 The following restrictions sball apply to development of the Property:
6.1.3.1 The Property and improvements located thereon wi11 be
develaped pursuant to the requirements set forth in the applicable provisions of Article 4
of the Code and in substantial conforniance with the Concept Plan and Future Final Site
Plan approved by the subsequent development review process associated with Case Nos.
LUP2011-09003 and REZ201 i-09006. The size of the project, the fact that it is an
ongoing existiug business, and the economics of financing same will dictate that the
project be developed in phases per requirements set forth in the attached F.xhibit "H".
Said Future Fina1 Site Plau shall controI in the event of conflict In tbe event that no
Future Final Site Plan is apgroved within two years of ths Effective Date of this
Agreement, the development rights under this Agreement shall be subject to termination
under Section 10, including any conditions. Any minor revisions or changes to the Plan
shall be approved by the Planning and .Development Director as a minor modification,
pursuant to the Code. Any modi.fications determined by the Planning and Developmeat
Director as either inconsistent or constituting a substantial deviation from the approved
Plan and thus requiring further approvat by the CDB shall require an amendment to this
Agreement in accordance with the procedures of the Act and the Code, as necessary and
applicabie. Any and atl such approved and adapted amendments shall be recorded in the
public records of Pinellas County, Flarida
6.1.3.2 The Developer shail obtain huilding permits and shall
therea.fter timely obtain required certificates of occupancy in aceordance with any
development orders subsequently is,4ued as a result of approval of case numbers
LUP2011-09003 and REZ2011-09006. Nothing herein shall restrict Developer from
seeking an extension of these time frames pursuant to applicable provisions of the Code,
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Floricla Statutes and of the Florida Building Code or from seeking � amendme�t to this
Agreement.
6.13.3 The Developer shall be responsible for transportation
obligations (collectively, "Transportation Obligations") as follows:
(i) The Applicant shall submit to the City's Traffic Operations Divisian a
traffc impact study (TTS), methodology will be approved by the City;
(ii) The Applicant will implement the recommendations of the study for
the reasonable improvements identified in the study.
(iii) The T`IS requized of the Developer shall inclnde ingress and egress
points serving AEC, wluch s�all be conshucted per requirements of the Clearwatcr Code
or the Pinellas County Code, as applicable.
(iv) Pazking on site will meet Code requirements and employees will be
encouraged to utiiize PSTA public transit, aad consider other modes and form car pool
anangements to reduce on-site parking demand.
6.1.3.4 Development restrictions for the proposed project wiIl include the
following:
(i} The development intensity will be limited to 130,OQ0 square feet,
consiituti.ng a FAR of .454 ;
(ii} The height of the pmposed structure will not exceed thirty-five
(35') feet;
(iii) The primary structure, including pavement adjoining the struclure,
will be separated from any resideniially desi,gnated property boundary by a setback of
twenty-five (25') feet, aud there shall be along the Eastern part of the site adjaining se�ch
residentially designated property a seven (7') foot taIl, eight (8"} thick masonry wall,
which shall have a decorative finish such as stucco or paint, with trees installed on the
Property, designed to grow above the wall with the intention of screer�ing out visibility of
the buildings developed on the Property from the view of the residentially designated
pmperkies. Such improvements shall be in substantial cflnformance wi#h Exhibit G.
(iv) Loading zones for b�xi�dings to be constructed on the Properiy, and
dumpster location shall be sittzated on the Westerly side of the buildings, and away from
the Easterly side which adjoins the single family resid.ential owners.
(v) As required by Section 3-904 of the Code, no vegetation shall
obstruct views at a level between thirty (30") inches above grade and eight {8') feet
above grade within the site visibility triangle ad.jacent to the Sunset Pourt access. In
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acidition, any invasive species contained within the site visibility triangle, regardless of
height, sha11 be removed.
(vi} The proposed new structures will have a predominant appearance
of an office buildi.ng cha.racter on fronts toward Sunset Point Road and the abuttiug office
and residential neighbors to the F,ast. No struchu�es will be pre-engineered metal
buiIdings or similar industriat appearing buildings.
{vii} The building program will be phased to meet proauction and
staffing needs, provicled however, at the cvmmencement of the initial phase of
construction, the Developer shalI complete construction of the buffering wall referenced
in item (iii) above.
(viii) AEC will schedule deliveries during normat operating business
hours ('7:00 a.m. to 7:OQ p.m.}, except in emergency or extraordinary situations.
{i�c} AEC will provide a list of chemicals used on site to be pravided
to the Clearwater Fire Deparhnent and periodicaily updated as relevant.
(x) Prior to issuance of a Certificate of Occupancy, the Developer
shall, in accordance� with Section 3-1806, Section 3-18Q7 or Section 6-t04 of the
Community Development Code, bring the existing nonconforming sign located on Sunset
Point Road urto compiiance with the Community Development Code, Article 3 Divisio�
18.
(xi} The following Industrial, Research and Technology (IRT� and
Industrial Limited uses shall be prolu'bited by the Restrictive Cavenant ("Elchibit C"� to
be recorded in the Officiat Records of Pinellas County, Florida:
(a) Accessory Dwellings
(b} Government Uses
(c) Indoor Recreation/Entertainment
(d) Outdoor Recreatioa/Entertainment
(e) Parks and Recreation Facilities
(� Publishing and Printing
(g) Restaura�t, accessory drive-in
(h) Restaurants
(i) Se1f Storage
(j) TV /Radio Studios
{k) Vehicie Service
(1) Wholesale Distributian/Warehouse Facility
(m) Automobile Service Statians
(n) Majar Vehicle Service
(o) Parking Lots (�ther Than Accessory to the Primary Use)
(p) Public facilities
{c� Public Transpc»rtation Facilities
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(r) Residential Shelters
(s) Retail Sa1es and Service
(t) Utility/Infrastructiu e Facilities
(u) Vehicle Sates/Displays and Major Vehicle DisplaysJDisplays
(v) Veterinary Offices or Animal CYrooming
(w} Adult Uses
(x) Night Clubs
{y} Overnight Accommodations
{z} Salvage Yards
(aa) Social Public Service Agencies
(bb) Telecommunication Towers
(cc} Outdoor Re�tail Sales, Outdoor Display, and Outdoor Storage
{so long as outdoor storage is prohibited under the IL or IRT usage
regulations).
The Owner agrees to record these covena.nts witii the Clerk of the Circuit Court of
Pinellas County, Florida, and sha11 pay any and ail expenses associated with their filings
and recording.
6.1.4 The Developer sha11 be responsible for applying for, aud seeldng approval
from the appropriate state and federal agencies.
6.1.5 Upon issuance of a permit for construction af the project praposed in the
Concept Plan and Future Final Site Plan, the Developer sha11 contemporaneously record
an executed perpetual Conservation Easement, which shall be recorded in the Public
Records for Finellas County, Florida, and shall encumber the area Iocated within the
Preservation Area determined to be wetland, per the jurisdictionai determination, which
shall lzave been obtained and provided to tlie City by the Developer, wluch Conservation
Easement shall restrict or prevent development in the restricted area.
6.2 Obiigations of the Citv.
6.2.1 Conourrent with the approval of this Agreement, the City sha11 promptly
process the submitted amendments to the land us� plan and zoning designations for the
Properiy as set forth in Sections 3.2 and 3.3 of this Agreement.
6.2.2 In the event the approvals required by state and federal agencies for the
purpose of setting the jurisdictional lirie for the Preservation Land Use and Zoning
categories, sets the boundary of the Concept PIan Area in a Iacation not consistent with
the Concept Plan Land Use and Zaniz►g Map attaehed hereto, the City agrees to use the
administrative adjust�nent proccdure, as outtined in the Code and the Pinellas Planning
Council Countywide Rules, to adjust the line. Any amendment to the Concept Plan to
reduce the aznount of pazking that may be required due to the location of the
jurisdictional line sha11 not require an amendment to this Agreement so long as the
Developer continues to exceed the minimum standazds as required by Code. Nothing
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herein shall relieve the Deveioper of pursuing the necessary approvals for the amendment
of an approved site plan pursuaut to the Code.
6.2.3 The City sha1l promptly process site and consttuction plan applications for
the Property that are consistent with the Comprehensive Plan, the Concept Plan and that
meet the requ.irements of the Code.
6.2.3 The fmal implementation of the land use category and zoning re-
designations referenced in Section 6.2.1 is subject ta:
6.2.3.1 The pmvisions of Chapters 163 and 166, Florida Statutes,
as they rnay govern such amendments; and
6.2.3.2 The e�iration of any appeal periods or, if an appeal is
fiied, thc conclusion of such appea.i.
SECTION 7. Pnblic Facilities to Service Develoomen� The following public
facilities are presently avaiIable to the Property from the sources indicated below.
Development of the Properi.y wilI be governed by the concurrency ordinance provisions
applicable at the time of development approval, uniess otherwise pmvided by law. With
respect to traasportation and other public infras�rucchu�e and services st�bject to
concurrency requirements, a11 applicable concurrency provisions, as set forth in Article 4
Division 9 of the Cammunity Development Code for the proposed development have
besn me�
fi.l Po#able water is available from the City. The Developer shail be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer sha1l be
responsible for a11 necessazy main extensions and applic$ble connection fees.
7.3 Fir� proteetion from the City.
7.4 I)rainage facilities for the Properry will be provided by the Developer at
tlze Developer's sole expense.
?.5 Transportation concurrency requirements wili be met. The project will
compty with the Metropolitan Planning Organization's (MPO) countywide approach to
tiie application of concurrency management far transportation facilities.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of
occupancy.
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SECITON 8. Reauired Local Government Permits. The required local govemment
development permits for development of the Property include, without limitation, the
following:
8.I Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization pernuts;
8.2 Construction plan approval(s);
8.3 Building Pernut(s); and
8.4 Certificate(s) of occupancy.
SECTIiJN 9. Consis#encv. The City fiads that developmexit of the Property is
consistent with the tern�s of this Agreement, is consistent with the City Comprehensive
Plan and the Code.
SECTION 18. Termination.
10.1 If the Developer's obligations set forth in this Agreement are not followed in a
timely manner, as reasanably determined by the City Manager, af�er notice to the
Developer and an opporlunity to be heard, existing permits shall be administrati�ely
suspended a.nd issuance of new pernnits suspended until the Developer has fuifilled its
obligatians. Failure to time�y fulfill its obligations may serve as a basis for termination of
this Agreement by the City, (in addition to the termination provisions of Section 5.2
hereo�, at the discretion of the City and after notice to the Deveioper and an opporiunity
for the Developer to be heard.
SECTION 11. Other Terms and Canditions.
11.1 Except in the case of termination, until twenty {20) years after the date of
this Agreement, the Property shall not be subject to down-zoning, or intensity reduction,
unless the City has held a public hearing and determined:
11.1.1 That subst�ntial chang�s have c�ccurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based oB substantially inaccurate information
provided by the Develo�r; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECZ'ION 12. Comnliance wiiL Law. The failure of this Agreement to
address any particular perrnit, condition, term or restriction shatl not relieve the
Developer from the necessity of complying with the law governing such permittin,g
requirements, conditions, terms or restrictions.
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Ordinances arid Codes adopted subsequent to this Development
Agreement by the City which are of general application not governing the development
oi land shall be appIicable to the iands subject to this Development Agreement and such
modifications are specifically anticipated herein.
SECTI41�' 13. Notices. Notices and communications required or desired to
be given under this Agreement shaIl be given to the parties by hand delivery, by
nationally recogaized overnight caurier service such as Federat Express, or by certif ed
mail, return receipt zequested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to the D�eveIoper: AEC Sunset Point, LLC
2159 McMullen Booth Road
Clearwater, Florida. 33759
with copy to: William J. Kimpton, Esquire
605 Patm Blvd., Suite B
Dunedin, FL 34698-2628
If to City: City of Clearwater, City Attorney
ATTN: Famela Aki.n, Esquire
112 South Osceala Avenue
Clearwater, FL 3375b
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight cflurier service for next day delivery, or oa the third {3'�) day following
deposit in the United States maiI, certified mail, return receipt requested. The parties may
change the adclresses set forth a��ove (including the addirion of a mortgagee to receive
copies ofall notices), by notice in accordance with ttus Section.
SECTIUN 14. ASSIG�1ffMENTS.
14.1 By the Developer. The Developer may sell, convey, assign or othexwise
dispose of any or all of zts right, title, interest and obligations in and to the Concept Plan
Area, in its entirety, without the prior written notice to the City, provided that such party
(hereinafter referred to as #he "assignee"), to the e�ent of the saie, conveyance,
assignment or other disposition by the Developer to the assignee, shall be bound by the
ierms af this Agreement the same as the DeveIoper for such part of the Project as is
snbject to such sale, conveyance, assignment or other disposition and Deve2oper sha11 be
released from such obligations that have been assumed by the by the Assignee.
14.2 Successors and Assi ns. The terms herein contained shall bind and inure
to the benefit of the City, and its successors and assigns, and the Developer and, as
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applicable to the parties comprising Developer, their successors and assigns, except as
may otherwise be specifically provided herein.
SECTION 1S. Minor Non-Comoliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such non-
compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooneration. The pa�ies shall cooperatc with and
deal with ea�ch other in good faith and assist each other in the perforniance of the
provisions of this Agreement aad zn achicving the completion of deveiopment of the
Property.
SECT'ION 17. ADDrnvaL4. Whenever an approval or consent is required under
or contemplated by this Agreement such approval or conseut shall not be unreasonably
wi#hheld, delayea or cQnditioned. All such approvals and consents shall be requested and
granted in writing.
SECTIDN 18. Comnletion of Asreemen� Upon the compietion of perfarmance
of this Agreement or its revacaiion or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire A�reemen#. This Agreement {including any and all
Exhibits attached hereto ail of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SEC"TION 20. Constrnction. The titles, captions and section numbers in
this Agreement are inserted for convenient reference oniy and do not define or iimit the
scope or intent and should not be used in the interpretation of any sectian, subsection ar
provision of tlus Agreemen� Whenever the context requires or pernuts, the singular shatl
include the plural, and pIural shall include the singular and any reference in tt�is
Agreement to the Developer inciudes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and ihe language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draE�nanship. If any term or provision of this Agreement is susceptible to more than one
interpretatiori, one or more of which render it valid and enforceable, and one or more of
which would render it invaiid or unenforceable, such term or provisian shail be canstrued
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invaliditv. If any term or provision of tlus Agreement
vr the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder af this Agreement, including any valid portion of the
invalid term or provision and the applicat�on of such invalid ter�n or provision to
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circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and shall with the remainder of this Agreement continue unmodified and
in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party hereto are thereby Iimited, to the extent that the ptupose of this Agreemem or the
benefits sought to be received hereunder are frustrated, svch party shail have thc right to
terminate this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 2Z. Code Amendments. Subsequently adopted ordinances and coaes
of the City wluch is af general application not governing the develapment of land shall be
applicable to the Property, and such modifications aze specifically anticipated in this
Agreement.
SECTION 23. Governine Law. This Agreement shall be governed by, and
construed in accordance with the Iaws of the State of Florida without regard to the
conflict of la.ws principles of such state.
SEC1'ION 24. Counternarts. This Agreement may be executed in
counterparts, all of whioh together shall contintie one az�d the same instrument
SECTI4N Z5. A.mendmea� This Agxeement ma.y be amended by mutual
written conscnt af the City and the Developer so long as the amendment meets the
requiremenis of the Act, applicable City ordinances, and Florida Iaw.
IN WITNESS WHEREOF, the parties have hereto executed ttus Agreement the
date and year f�rst above written.
WITNESSES: � AEC Sunset Point, LLC, a Florida
Limited liability company
2159 McMullen Booth Road
Clearwater, Florida 33759
By: Aviation Eng
Inc., a Florida
:
Printed e: oy1,�+.
r
ted Name: L+/• k.'r:t»
STATE OF FLORTDA
COUNTY OF PINELLAS
Member
President
�
The foregoing instrument was acknowledged before me this ? day of ��% , 201 l, by
K:a�u�an Rouhani, as President of Aviation Engineering Consultants, Inc., the
I3
Member of AEC Sunset Ppi�t, LLC, an behalf of the carporation and limited liability
company. He is !� personally 1Q►own� me or has produced
as identification.
M ,.,, i J. Kt � �
Y
�.? � �y 18, 2013
' _ � Troyy��w,�a,�-�
�
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
Notary Public
Print Name:
CITY OF CLEARWATER, FLORIDA
By:
WiUiam B. Harne II, City Manager
Attest:
Rosemarie Call, City Clerk
Countersigned:
Frank V. I�ibbard, Mayor
Appraved as to Form:
Leslie K. Dougall-Sides
Assistant City Attomey
The foregoing instrurnent was ac�owledged before me this day of ,
2011, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida,
who is _ pexsonally kuown to me ar who _ produced as idenfiification.
Notary Public
My commission expires: Print Nmne:_
14
DEVELOPMENT AGR:�:�sMENT — F,�lIBITS
Exhibit A Legal Description of Progerties Constituting Concept Plan Ar�a and
Buffer Area Tataling 19.418 acres
Exhibit B Concept Plan (consists of 5.571 aeres)
Exhibit C Restrictive Covenants
Eachibit D-1 Deed for 17.4 Acres
F�achibit D-2 Deed for 2.018 Acre,s
Exhibit E Concept Plan Area — 6.571 acres
Exhibit F-1 Survey of Concept Plan Area
F,xhibit F-2 Zoning and Land Use Amendment Areas/Cross-Hatched
Exhibit G Buffer Adjoining Residentially Designated Property
Exhibit H AEC Project/Phase Development Plan
25
�
gaxcEL x:
A PART OF LOT 1, THE ELK.S, ACCORDING TO THE MAP OR PLAT THERE pF ,�S
REC�RDED IN PLAT BOOK 95, PAGE 90 OF THE PUBLIC RBCORDS OP PINEI:.�,AS
COUNTY, FIARIDA, BEING MORE PARTICULARLY DESCKiBE,D AS FOLLOINS:
COMME�NCE AT THE SOUTHWEST C4RNER UF 5AID LOT I, SAID SOIITHWEST
Ct?RNER BEWCi THE FOIN'I' OP BFAINNINC�?, RUN THENCE N 00°32b6" E, ALONG
THE WBST BOUNDARY LINE OF THE StJiPi'fIEAST 1/4 OF 7HE NpItTHWp,S'T 1/4 OF
SF.G'TIOI+I 3, TOWNSHIP 29 SOUTH, RANC E 16 BAST, PINF.LY.AS COUN'!'Y, FL,OR1bA,
A DISTANCE UF 975.85 FL�ET; T[i�,NCE S&9°44"l2° E, 43�.92 FEE7; THENCB S 00°i8'16"
W, 276.77 FEET; Tl�3IVCE S 89°4]'44" B, 3�O.ST FEET; 'T�[+TCE AL,pN(3 A CtJRVE TO
TbiE RiGHT HAVATG A RAD1iT5 OF 580.00 FEBT, DSLTA ANGLE OF 03°23'I�", A
G'H�RD OF 34.28 FBBT AND A CHQRD BEAR?NG OF S lb°22"l5" E; �� g gc�p41'44°
E, 134.73 FEET; T��1'CE S 00°28'16" W, 205.93 FEET; 'I'��fiTCE N 89°41�4" W, 27.84
F�3ET; TfiE�TCE S U6�8'S4" B, 182.54 FEET; 'I'liENCE S 28°59�08" W, 21.39 F,�T;
T7iENCB ��°3$�4" E, 63.85 FP.E1; THENC� N$9°2T24" W, I 12.29 �'EE,i'; 'I��ENCE S
00°3Z'36" W, 2(i0.00 FEET TO A POII�T UN THE NURT�iE1tLY RIGI3T-+DF-WAY LINB OF
5UNSET PQIIQT Rt)AD, A.K.A. STATE ROAD #588; THBNCE N 89°27'24° W', ALONti
SAID. NO1tTHERLY RiGHT-OF-'9VAY LII1E, 83b.3 i FEET T4 THE Pt?INT OF
BBGINNING. CUNTA.1rTING 757,691.4 SQlFT OR 17.4 ACRES MORE pR i,Efig.
Pi
LtY!' Z, THE ELK,S SUBDMSION, ACCORDING TO THE MAP QR PLAT THEREOF AS
RECOR73ED IN PLAT B�K 95, PAC3E 94, OF THE PUBLIC RF.C,"pItDS OF PIl�lEL,LA.S
COUNTY, FLOR1bA.
87,891.9 SQIFT OR 2.018 ACRES
�ONCEPT PLAN AREA and BUFFER AREA - Total of 19,418 acres
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P—�
PERPETUAL RESTRICTtVE COVENANTS
THESE COVENANTS are entered into this day of , 20'i2 by the AEC
Sunset Point, LLC, 2159 McMullen Boofh Road, Clearwater, Florida 33759, hereinafter
referred to as "the Owner".
VIIHEREAS, the Owner is the fee simpte titie holder of ihe Property located on 2750
and 2754 Sunset Point Road, City of Clearwater, in the County of Pinellas, Florida, as
described as Exhibit A(Iegal description), attached to and made a part hereof, �nd
WHEREAS, the Owner has received an approved land use plan amendment from
Institutionai {I) #o lndustrial Light (IL) and a rezoning from tnstitutional (!) to Industriaf,
Research, and Technotogy (IRT�) from the City of Clearwater, F(orida, hereinafter referred to
as "the Ci#y," to allow for the expansion of the current use, which wi11 be si#uated on the
property of the 4wner as described as Exhibit A.
WHEREAS, to protect neighboring residential districts from unlimited Industrial,
Research, and Technology uses of the property now and in the future, the City will require a
restrict+ve covenant be executed and recorded
by the Owner} and
NOW THEREFORE, as part of the� consideration for the City's land use amendment
and rezoning, the Owner hereby maices and declares the foilowing perpetual cestrictive
covenants which shall run with the title to said Property and be binding on the 4wner and its
successors in interest. The following lndustrial, Research, and Technology {!RT} and
Industrial Limited uses are prohibited by these covenants.
1. Accessory Dweilings.
2. Gaver�ment Uses.
3. Indoor Recreation/Entertainment.
4. 4utdoor Recreation/Entertainment
5. Parks and Recreation Facilities.
6. Pubiishing and Pri�ting.
7. Restauran#, accessory drive-in.
8. Restaurants.
9. Self Storage.
10. TV /Radio Studios.
11. Vehicle Service.
12. Wholesale Distribution/Warehouse Facility.
13. Automobite Service Stations.
14. Major Vehicle Service.
� 5. Parking Lots {Other Than Accessory to the Primary Use)_
16. Pub(ic facilities.
17. PubEic Transporta#ion Facilities.
18. Residential Shelters.
.
r
19. Re#ail Sales and Service.
20. Utiiity/lnfrastructure Facilities
21�. Vehicie Sales/Disptays and Major Vehicle Displays/Displays.
22. Veterinary Offrces or Animal Grooming.
23. Adult Uses.
24. Night Clubs.
25. Overnight Ac.commodations.
2fi. Salvage Yards.
27. Social Public Service Agencies.
28. Telecommunication Towers.
29. Dutdoor sates, outdoor display, and outside storage (so long as outside storage is
prohibifed under the IL or IR usage regulations).
The 4wner agrees to file these covenants wiih the Clerk of the Circuit Court of Pine!(as
County, Florida, and shal! pay any and all expenses associated with their filings and
recording.
IN ADDITlON THE OWNER FURTHER RESTRICTS THE SUBJECT PROPERN AS
FOLLOWS:
9. Plo buildings will exc�eed two stories in height.
2. Tha# a 25 ft setback be ma;ntained on the East p�operty line from the abutting residential
development.
IN WITNESS WHEREUF, the Owner has read these Restric#ive Covenants and have hereto
affixed their signatures.
�WNER:
AEC Sunset Point, lLC, a Fiorida
Limited liability company
BY: Aviation Engineering sultants, Inc.,
A Fiorida corpo�af , Member
:
, Pres+dent
WITNESSES:
Printed N e:
� �
vv
finted Name: 1MLl1AM J. }(1MPTON
STATE C�F FLORlDA
COUNTY OF PINELLAS
SWORN TO and subscribed before me this �"`�lay of ���'✓� , 2012, by Kamran
Rouhani, as President of Av�ation Engineering Consultants, lnc., a Florida corporation,
Member of AEC Sunset Point, LLC, a Florida limited IiabiEity company, () who is personaNy
known to me, or ( ) who has produced his driver's license as iden#ification, and who did not
take an .
.
Notary Public
WiLLlAM J. KIMPTON
{Printed, typed or stamped name of NP)
My Commission Expires:
(NOTARY PUBl.IC SEAL)
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�.,EGAL DESCRYPTiON OF PARC�L'�'O BE REZONED;
A PART OF LOT 1 AND IAT Z, THE ELKS SZTBDIVISION, ACCORDING T4 TAE MAp
OR PLAT THERB OF AS RECORDED IN PLAT BDOK 95, PAGE 90 QF Tf� pUBLIC
RECORDS OF PII�TELLAS COLJNTY, FLORIDA., HEING MQRE PARTICULAItLY
DESG�ED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LUT 1, RUN TI�NCE N
00°32'06* E, ALONG THE RiEST BOUNDARY LINL QF THE 30UTHEAST 1!4 OF THE
NORTFIWFST 1/4 OF SECTION 5, TOWNSHIP 29 SOITTH, RANGE l6 F.AST, PIlVELLAS
COUNTY, FLORIDA, A DISTANCE OF 975.85 FEET; THENGE S 89°44'Z2" B, 109,22 pgET"
TC} THE P�INT OF BECiIlVN1NG OF THE TRACT HERF,Il�t DESCRIBED; TH}3i�TCE
C4NTINUE S 89°44'22" E, 32b.70 FEET; THENCE CONTIIJLJE S 89°44'22" E, 30Q.13 FEET;
TI�TCE S 40°18'16" W, 194.86 FEET; THE�TCE S 89°41'A4" E, 85.Oa FEET; T�ifiNGE
SOUTHWESTSRLY ALONQ THE ARC OF A CURVE CONCAVE TO THE SO(7THEAST,
WPrH RADIUS 30.00 FEET, CH4RD S 34°l3'47" W, 49.79 FEET, CENTRAL ANGLE
111°O8'36° FOR A DISTANCE (JF 58.t9 FEET; THENCE ALONG THE ARC OF A ClTRVE
CONCAVE T4 TfiE WFST, RADILTS 580.00 FEET, CHORD S i4°ST29" B, 38.19 FEET,
CENTRAL ANGLE 3°46'�4" FOR A DISTANCE OF 38.2� FEBT; TH�NCE yLpNG THE
ARC OF A CURVE CONCAVE T(? THE WEST, RADNS OF 580.04 FEET, CHpRD S
16°'1.2'25" E, 34.28 FEET, CENTRAL ANGLE 3°23' 1$" FOR A DISTANCE OF 34.2$ FEET;
THENCE S 89°41'44" E, 134.73 FEET; THENCE S UO°I8'16° W, 205.93 FEET; T�iEI�iCE I+t
89°�l'44" W, 27.84 FEET; THENCE S 06°38"54" E, 1$2.54 FEET; THENCE S 2d°59'0$" W,
21.39 FBET; T"HENCB S(I6°38'24" E, C>3.85 FEET; THENCE N 89°27�,4" W, I12,29 FEET;
THENCE N 89°277A�" W, 56.33 FEET; T'�iENCE N 16°42'3S" W, 13$.26 FEET; TH�NCE 1V
33°29'4$" K% 86.84 FEET� Tf�NCE N 38°12'19" W� 95.01 FF.�ET; TI�NCE N 44°27'I1" W�
I39.45 FEET; THENCE N 4b°11'23" W, 161.Z8 FBET; THENC$ N 44°43'SS" W, 1�18.13
FEET; THEI�TCE N 48°12'31" W,157.25 FEET; Tf�IENCE N 49°41'43" W, 116.67 FEET
TO THE PiDINT OF BE{�INNING, ENCOMPASSING 6.5707 ACRES (286214 SQUARE
FEET} MORE UR LESS.
Con�ept Pian Area - 6.571 acres
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PRESERVAiION
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Buffer Adjoining Resider�tially Designated Property
Vehicle Use/ Landscape Area 25'-50'
Drive to Drive & Parkinq S
, �,� `. .._. �
Width
25` Buffer from Pavement to 4 RL Lots
1. See Concept Plan for Linear 25' BufferArea along East property
bound�ry abutting Single Family Lots.
2. BufferArea wall will commence installation with the issuance of a
faundation permit to the developer.
3. No Loading areas or Waste Dumpster facilities will be in this area.
4, Section Sketch is left ta right West to East Iooking North.
City of Clearwater/AEC Development Agreement
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10'-15' Tree Buffer ' Property Line
Staggered Buffer Trees
Consistent with Development
Code to Reach 15'-20'Crown
Exhibit G Ref to
AEC PR�JECT/PHASE DEVELOPMENT PLAN
The approval set forth in the Development Agreement, to which this Exhibit is attached,
between the City of Clearwater and AEC Sunset Point, LLC contemplates that the 13Q,000 square
feet of new facilities wilI be developed in phases, with estimated time tables atid requirements as
fallows:
1. Jurisd'ectional Boandaries and Pro ject Site Plan - These items will be commenced
immediaiely following all required hearings to approve change of zoning, change of
land use plan, and approval of ttze Development Agreement.
A} Jnxisdictionai Boundazy DeteTTnination - estimated six to eight weeks.
B) Site Plan Preparation and Appmval Procedures - estimated four to five
months for appr�val process, which runs oontemporaneous with jorisdictionai
boundary determittation.
2. Initial Phase of Construction - The first phase of construction is estimated to
include 40,000 to 60,00(} square feet of buildings, to be constructed in accordance
with the formally approved site plan ("Approved Site Plan'�.
Initial building construction will include masonry wall separating the project fro�m
the adjoining residentially designa#ed property to the immediate ea.st, completed
driveways, intcrnal traffic flows, driveway apron, ingresslegress resolution to Sunset
Point Road, associated parking requirements, dumpster location, fire safety
circulation, stormwater retention and detention and all related Building Code
requirements per the Approved Site Plan.
It is estimated that the initial conshuction phase, including permitting, will
commence six to eight months following issuance of Approved Site Plan.
3. Adclit�onal Construction Phases - The sect�nd phase ofconstruction is estimated to
include 44,000 to SQ,000 square feet of buildings. Second phase wi1l com�nence
within five (5) years of Certificate of Occupancy of first phase.
The third phase of construction will build out the remainingbalance of the maxirnum
130,000 square feet of the approved facilities ptusuant to the Approved Site Plan.
The third phase wiil commence within five (5) years of the Certificate of Occupaucy
of the second phase.
Nothing sha11 prohibit earlier construction of phases or the entire project.
EX$IBIT H