DEVELOPMENT AGREEMENTKEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2012042588 02/1412012 at 09:11 AM
OFF REC BK: 17488 PG: 1056-1085
DocType:AGM RECORDING: 5256.50
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is dated .�y_b� tt�u�, ��,
2012, effective as provided in Section 5 of this Agreement, and entered into among AEC
Sunset Point, LLC, 2159 McMullen Booth Road, Clearwater, Florida 33759, its
successors and assigns, hereinafter referred to as ("Developer"), and the CITY OF
CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its
City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City;
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements;
WHEREAS, the Developer owns approximately 19.418 acres of real property
located 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 described in
Exhibit A attached hereto and incorporated herein, which are the descriptions of the two
parcels totaling the 19.418 acres;
WHEREAS, 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 130,000 sq. ft. of two story (maximum
35 feet) development, generally conforming to the conceptual plan shown on Exhibit B
attached hereto and incorporated herein (the "Concept Plan");
WHEREAS, the Developer desires to establish the required 25 foot buffer
between the proposed development and the 12.84 acre preservation area in conjunction
with an approved concept plan, generally conforming to the requirements shown on
Exhibit B attached hereto and incorporated herein ("Concept Plan");
WHEREAS, the Developer wishes to provide additional protection to 25% of the
Property perimeter that abuts existing residential uses, by establishing a 25 foot setback
to residential boundaries (17.4 feet as to northern boundarylRegency Oaks), as shown in
Exhibits B and G;
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WHEREAS, the Developer wishes to provide additional protection to abutting
institutional, office and residential uses by limiting the allowable height for the proposed
research and fabrication structure to no more than two (2) stories;
WHEREAS, the Developer will establish an acceptable perpetual restrictive
covenant to limit industrial uses allowed in the proposed facility (See Exhibit C—
Proposed Restrictive Covenants), which shall be recorded in the Official Records of
Pinellas County, Florida, and enforceable by the City of Clearwater;
WHEREAS, the Developer has requested a land use plan amendment 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 Limited (IL) and a rezoning from Institutional (I) to
Industrial, Research, and Technology (IRT,) for the Concept Plan Area, as shown on
Exhibit B;
WHEREAS, the Developer desires to provide appropriate buffer to the existing
preservation area, but such area will only be defined when final jurisdiction boundaries
(consistent with DEP, SWFWMD and City requirements) are set by the Final Site Plan,
and said boundaries will modify the definition of the buffer from the generalized
description (12.84 acres) that is based on the cunent Pinellas Planning Council Future
Land Use Map description of the Preservation land use area;
WHEREAS, the Developer agrees, upon issuance of a building permit, to place a
Conservation Easement on the Preservation Area (12.84 acres), as to the portion of same
which is wetlands, for the use by the City in protecting the area currently only controlled
by its land use 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 law;
WHEREAS, the City has determined that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Code;
WHEREAS, the City has conducted public hearings as required by Sections 4-206
and 4-606 of the Code;
WHEREAS, 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 Coordinator ("CDC") reviewed the
intent of the Concept Plan which will be developed into a Final Site Plan and approved
the development of the 130,000 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 execution of this Agreement; and,
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incornoration of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. 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.
SECTION 3. Pronertv Subiect to this Asreement. The Property is subject to this
Agreement.
3.1 The Property currently has land use designations of Institutional, and is
zoned Institutional.
3.2 Developer has requested a land use change from Institutional (I) to
Industrial Limited (IL) on certain portions of the Property as shown on the Z-LU
Amendment Requests Map.
3.3 Developer has requested a rezoning from Institutional (I) to Industrial,
Research, and Technology (IRT) on certain 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-1 and D-2. Legal description of Concept Plan Area is attached as E�ibit
E, and Survey of Concept Plan Area and Zoning-Land Use Amendment Request are
attached hereto as Exhibits F-1 and F-2.
3.6 The Property is generally located at 2750 and 2754 Sunset Point Road,
Clearwater, Florida.
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SECTION 4. Scoae of Proiect
4.1 The Project shall consist of the 130,000 Sq. Ft of research and fabrication
facilities with associated infrastructure and parking facilities on 6.571 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 shown on the Concept Plan attached and pursuant to city code requirements. Concept
Plan proposes said parking spaces, but the building and circulation may be modified to
accommodate additional parking under structures given the topography of the site and to
accommodate any modification of the developable area due to the required 25 ft buffer.
4.3 The proposed floor area ratio on the Property for the proposed building of
130,000 square feet is .454 FAR. The proposed height of the Concept Plan buildings, as
defined in the Code, is a m�imum of 35 feet.
4.4 The Project complies with the Metropolitan Planning Organization's
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
4.5 The Project shall include mitigation of the impact to the wetlands and
preservations areas adjacent to the Concept Plan Area, as required by the state of Florida
DEP and SWFWMD.
SECTION 5. Effective Date/Duration of this A�reement.
5.1 This Agreement shall not be effective until
5.1.1 this Agreement is properly recorded in the public records of
Pinellas County, Florida; and
5.1.2 final approval and effectiveness of a land use designation of
Industrial Limited (IL) on the Property; and
5.1.3 final approval and change of zoning to Industrial, Research, and
Technology (IRT).
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit Appropriate notice to the Department of Economic Opportunity (as required for
small scale amendments) in the form of a copy of the recorded Agreement within
fourteen (14) days after the Agreement is recorded. In the event that the contingency
described in Section 5.1.2 above is not satisfied within twelve (12) months from the date
hereof, the City and Developer agree to execute and deliver a termination of this
Agreement, in recordable form, which shall be recorded in the Public Records of Pinellas
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County, Florida at the expense of the Developer. Notwithstanding the foregoing,
Developer may request an extension of time, via the Community Development
Coordinator, for the completion of the contingencies for no more than twelve additional
months.
5.3 This Agreement shall continue in effect until terminated, as defined
herein, but for a period not to exceed twenty (20) years.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Develoner
6.1.1 The obligations under this Agreement shall be binding upon and the
benefts of this Agreement shall inure to the Developer, its successors in interest or
assigns.
6.1.2 At the time of development of the Property, the Developer will submit
such applications and documentation as are required by law and shall comply with the
City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the Property:
6.1.3.1 The Property and improvements located thereon will be
developed pursuant to the requirements set forth in the applicable provisions of Article 4
of the Code and in substantial conformance with the Concept Plan and Future Final Site
Plan approved by the subsequent development review process associated with Case Nos.
LUP2011-09003 and REZ2011-09006. The size of the project, the fact that it is an
ongoing existing business, and the economics of financing same will dictate that the
project be developed in phases per requirements set forth in the attached Exhibit "H".
Said Future Final Site Plan sha11 control in the event of conflict. In the event that no
Future Final Site Plan is approved within two years of the 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 modifications determined by the Planning and Development
Director as either inconsistent or constituting a substantial deviation from the approved
Plan and thus requiring further approval by the CDB shall require an amendment to this
Agreement in accordance with the procedures of the Act and the Code, as necessary and
applicable. Any and all such approved and adopted amendments shall be recorded in the
public records of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain building permits and shall
thereafter timely obtain required certificates of occupancy in accordance with any
development orders subsequently issued 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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Florida Statutes and of the Florida Building Code or from seeking � amendment to this
Agreement.
6.1.3.3 The Developex shall be responsible for transportation
obligations (collectively, "Transportation Obligations") as follows:
{i) The Applicant sha11 submit to the City's Traffic C?perations Division a
tr�affc impact study (TTS), methodology will be approved by the CiTy,
(ii) The Applicant will implement the recommendations of the study for
the reasonai�le iznprovements identifieri in the study.
(iii) The TIS required of the Developer shall include ingress and cgress
points serving AEC, which shall be constntcted per require�nents of the Cleazwater Code
or the Pinellas County Code, as applicable.
(iv) Pazking on site will meet Code raquiremcnts and employees will be
encouraged to utilize PSTA public transit, and consider other modes and form car pool
arrangements to reduce on-site parking demand ,
6.1.3.4 Development restrictions for the proposed project will include the
foIlowing:
(i} The c�evelapment intensity will be limited to 130,40(} square feet,
constituti.ng a FAR of .454 ;
{ii} The height of the proposed structure will not exceed thirty-five
(35') feet;
(iii) The primary structure, including pa,vement adjoir�ing the structure,
will be separated from any residentially designated property boundary by a setback of
twenty-five {25') feet, aud there sha11 be aiong the Eastern part of the site adjoining sezch
residentially designated property a seven (7') foot tall, eight (8'� thick masonry wall,
which shall liave a decorative finish such as stucco or paint, with trees installed ou the
Properiy, designed to grow above the wall with the intention of sereening out visibility of
the buildings developed on the Property from the view of the residentially designated
properties. Such improvements shall be in substantiaI conformance with E�ibit G.
(iv} Loading zanes for buildings to be constructed on the Property, and
dumpster location shall be situated an the Westerly side of the buildings, and away from
the Easterly side which adjoins the single family residential owners.
{v} As required by Section 3-904 of the Code, no vegetation shall
obstruct views at a level between thirty (30") inches ai�c>ve grade and eight {8') feet
abave grade within the site visibility triangle adjacent to the 5unset Pourt access. In
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addition, any invasive species contained within the site visibility triangle, regardless of
height, shall be removed.
(vi) The proposed new structures will have a predominant appearance
of an office building character on fronts toward Sunset Point Road and the abutting office
and residential neighbors to the East. No structures will be pre-engineered metal
buildings or similar industrial appearing buildings.
(vii) The building program will be phased to meet production and
staffing needs, provided however, at the commencement of the initial phase of
construction, the Developer shall complete construction of the buffering wall referenced
in item (iii) above.
(viii) AEC will schedule deliveries during normal operating business
hours (7:00 a.m. to 7:00 p.m.), except in emergency or extraordinary situations. ,
(ix) AEC will provide a list of chemicals used on site to be provided
to the Clearwater Fire Department and periodically updated as relevant.
(x) Prior to issuance of a Certificate of Occupancy, the Developer
shall, in accordance with Section 3-1806, Section 3-1807 or Section 6-104 of the
Community Development Code, bring the existing nonconforming sign located on Sunset
Point Road into compliance with the Community Development Code, Article 3 Division
18.
(xi) The following Industrial, Research and Technology (IRT) and
Industrial Limited uses shall be prohibited by the Restrictive Covenant ("Exhibit C") to
be recorded in the Official Records of Pinellas County, Florida:
(a) Accessory Dwellings
(b) Government Uses
(c) Indoor Recreation/Entertainment
(d) Outdoor Recreation/Entertainment
(e) Parks and Recreation Facilities
( fl Publishing and Printing
(g) Restaurant, accessory drive-in
(h) Restaurants
(i) Self Storage
(j) TV /Radio Studios
(k) Vehicle Service
(1) Wholesale Distribution/Warehouse Facility
(m) Automobile Service Stations
(n) Major Vehicle Service
(o) Parking Lots (Other Than Accessory to the Primary Use)
(p) Public facilities
(q) Public Transportation Facilities
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(r) Residential Shelters
(s) Retail Sales and Service
(t) Utility/Infrastructure Facilities
(u) Vehicle Sales/Displays and Major Vehicle Displays/Displays
(v) Veterinary Offices or Animal Grooming
(w) Adult Uses
(x) Night Clubs
(y) Overnight Accommodations
(z) Salvage Yards
(aa) Social Public Service Agencies
(bb) Telecommunication Towers
(cc) Outdoor Retail 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 covenants with the Clerk of the Circuit Court of
Pinellas County, Florida, and shall pay any and all expenses associated with their filings
and recording.
6.1.4 The Developer shall be responsible for applying for, and seeking approval
from the appropriate state and federal agencies.
6.1.5 Upon issuance of a permit for construction of the project proposed in the
Concept Plan and Future Final Site Plan, the Developer shall contemporaneously record
an executed perpetual Conservation Easement, which shall be recorded in the Public
Records for Pinellas County, Florida, and shall encumber the area located within the
Preservation Area determined to be wetland, per the jurisdictional determination, which
shall have been obtained and provided to the City by the Developer, which Conservation
Easement shall restrict or prevent development in the restricted area.
6Z Obli�ations of the Citv.
6.2.1 Concurrent with the approval of this Agreement, the City shall promptly
process the submitted amendments to the land use plan and zoning designations for the
Property 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 line for the Preservation Land Use and Zoning
categories, sets the boundary of the Concept Plan Area in a location not consistent with
the Concept Plan Land Use and Zoning Map attached hereto, the City agrees to use the
administrative adjustment procedure, as outlined in the Code and the Pinellas Planning
Council Countywide Rules, to adjust the line. Any amendment to the Concept Plan to
reduce the amount of parking that may be required due to the location of the
jurisdictional line shall not require an amendment to this Agreement so long as the
Developer continues to exceed the minimum standards as required by Code. Nothing
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herein shall relieve the Developer of pursuing the necessary approvals for the amendment
of an approved site plan pursuant to the Code.
6.2.3 The City shall promptly process site and construction plan applications for
the Property that are consistent with the Comprehensive Plan, the Concept Plan and that
meet the requirements of the Code.
6.2.3 The final implementation of the land use category and zoning re-
designations referenced in Section 6.2.1 is subject to:
6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes,
as they may govern such amendments; and
6.2.3.2 The expiration of any appeal periods or, if an appeal is
filed, the conclusion of such appeal.
SECTION 7. Public Facilities to Service Develonment. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval, unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, all applicable concunency provisions, as set forth in Article 4
Division 9 of the Community Development Code for the proposed development have
been met.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 Transportation concurrency requirements will be met. The project will
comply with the Metropolitan Planning Organization's (MPO) countywide approach to
the application of concurrency management for 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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SECTION 8. Reauired Local Government Permits. The required local government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistencv. The City finds that development of the Property is
consistent with the terms of this Agreement, is consistent with the City Comprehensive
Plan and the Code.
SECTION 10. Termination.
10.1 If the Developer's obligations set forth in this Agreement are not followed in a
timely manner, as reasonably determined by the City Manager, after notice to the
Developer and an opportunity to be heard, existing permits shall be administratively
suspended and issuance of new permits suspended until the Developer has fulfilled its
obligations. Failure to timely 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 Developer and an opportunity
for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
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 substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Comnliance with Law. The failure of this Agreement to
address any particular permit, condition, term or restriction shall not relieve the
Developer from the necessity of complying with the law governing such permitting
requirements, conditions, terms or restrictions.
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Ordinances and Codes adopted subsequent to this Development
Agreement by the City which are of general application not governing the development
of land shall be applicable to the lands subject to this Development Agreement and such
modifications are specifically anticipated herein.
SECTION 13. Notices. Notices and communications required or desired to
be given under this Agreement shall be given to the parties by hand delivery, by
nationally recognized overnight courier service such as Federal Express, or by certified
mail, return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to the Developer: AEC Sunset Point, LLC
2159 McMullen Booth Road
Clearwater, Florida 33759
With copy to: William J. Kimpton, Esquire
605 Palm Blvd., Suite B
Dunedin, FL 34698-2628
If to City: City of Clearwater, City Attorney
ATTN: Pamela Akin, Esquire
112 South Osceola Avenue
Clearwater, FL 33756
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 courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. ASSIGNMENTS.
14.1 By the Developer. The Developer may sell, convey, assign or otherwise
dispose of any or all of its 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 the "assignee"), to the extent of the sale, conveyance,
assignment or other disposition by the Developer to the assignee, shall be bound by the
terms of this Agreement the same as the Developer for such part of the Project as is
subject to such sa.le, conveyance, assignment or other disposition and Developer shall 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 15. Minor Non-Comnliance. 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 parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Anprovals. Whenever an approval or consent is required under
or contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Comnletion of A�reement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination sha11 be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
E�chibits attached hereto all 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.
SECTION 20. Construction. The titles, captions and section numbers in
this Agreement are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invaliditv. If any term or provision of this Agreement
or the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this Agreement, including any valid portion of the
invalid term or provision and the application of such invalid term 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 limited, to the extent that the purpose of this Agreement or the
benefits sought to be received hereunder are frustrated, such party shall have the right to
terminate this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which is of general application not governing the development of land sha11 be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. GoverninS Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counternarts. This Agreement may be executed in
counterparts, all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
WITNESSES:
STATE OF FLORIDA
COUNTY OF PINELLAS
AEC Sunset Point, LLC, a Florida
Limited liability company
2159 McMullen Booth Road
Clearwater, Florida 33759
By: Aviation Engineeri Co ltant�
Inc., a Florida corp at'�mber
I�
President
The foregoing instrument was acknowledged before me this _day of , 2011, by
Kamran Rouhani, as President of Aviation Engineering Consultants, Inc., the
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Member of AEC Sunset P nt, LLC, on behalf of the corporation and limited liability
company. He is _ personally known to me or has produced
as identification.
�
; ��•"".. WILLIAM J. KIWtPTON
Commission # DD 882666
°„ :Q� Expires May 18, 2013
�,�,��:' Bo�dThuTroyFaink�e8����9 Notary Public
My commission expires: Print Name:
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
. ���
BY: ,c,l:r.�o�.�.� . ��L
William B. Horne II, City Manager
Attest:
Rosemarie Ca11, City Clerk
���D�ry�
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'�' =- ;. ,
"w'�.
,�,� , � ;�; .xr,:
Co tersigned: � ��° �,`� � ��,
��� ��r
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_,����
Frank V. Hibbard, Mayor
Ap ved as to F ffi
� �
Leslie K. Dougall- i es
Assistant City Attorney
�
� The foregoing instrument was acknowledged before me this (�± day of � r ,
201z, by W/ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Flonda,
who is ✓ personally known to me or who _ produced as identification.
Notary Public ,
My commission expires: Print Name: S��-i-f� ����'�'� �
�ANDRA HARRIGER
NpTARY PUBLIC
97ATE OF FLQRIDA
, . Comm# EE142238
E�cpires 1/4l2016
14
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Exhibit A
Exhibit B
E�chibit C
Exhibit D-1
Exhibit D-2
E�ibit E
Exhibit F-1
Exhibit F-2
Exhibit G
Exhibit H
DEVELOPMENT AGREEMENT — EXHIBITS
Legal Description of Properties Constituting Concept Plan Area and
Buffer Area Totaling 19.418 acres
Concept Plan (consists of 6.571 acres)
Restrictive Covenants
Deed for 17.4 Acres
Deed for 2.018 Acres
Concept Plan Area — 6.571 acres
Survey of Concept Plan Area
Zoning and Land Use Amendment Areas/Cross-Hatched
Buffer Adjoining Residentially Designated Property
AEC Project/Phase Development Plan
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EXHIBIT A
�ARCEL 1:
A PART OF LOT 1, THE ELKS, ACCORDING TO THE MAP OR PLAT THERE OF AS
RECORDED IN PLAT BOOK 95, PAGE 90 OF THE PUBLIC RECOR.DS OF PINELLAS
COUNTY, FLORIDA, BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF 5AID LOT 1, SAID SOUTHWEST
CORNER BEING THE POINT QF BEGINNING, RUN THENCE N 00°32'06" E, ALONG
THE WEST BOUNDARy LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COiJNTY, FLORIDA,
A DISTANCE OF 975.85 FEET; THENCE S 89°4q�'22" E, 435.92 FEET; THENCE S OQ°18'16"
W, 276.77 FEET; THENCE S 89°41'44" E, 370.57 FEET; THENCE �,pNG A CURVE TO
THE RIGHT HAVING A RADNS OF 580.00 FEET, DELTA ANGLE OF 03°23'14", A
CHORD OF 34.28 FEET AND A CHORD BEARING OF S I6°22'25" E; THENCE S$9°41'44"
E, 134.73 FEET; THENCE S 00°18'16" W, 205.93 FEET; THENCE N 89°4I'44" W, 2�,g4
FEET; THENCE S 06°38'S4" E, 182.54 FEET; THENCE S 20°59•08" W, 21.34 FEET;
THENCE S 06°38'24" E, 63.85 FEET; THENCE N 89°27�24" W, l I2.29 FEET; THE1vCE S
00°32'36" W, 200.00 FEET TO A POINT ON THE NORTI�RLY RIGH'T_OF-WAY LINE OF
SUNSET POIlVT ROAD, A.K.A. STATE ROAD #588; THENCE N 89°27'24" W, ALONG
SAID NORTHERLY RIGHT-OF-WAY LINE, 836.31 FEET TO THL PpINT' OF
BEGIIVNING. CONfAINIl�TG 757,691,4 SQ/FT OR 17.4 ACRES MORE OR LESS.
PARCEL 2:
LOT 2, THE ELKS SUBDIVISTON, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 95, PAGE 90, OF THE PUBLIC RECpRDS OF PINELLAS
C4UNTY, FLORIDA.
87,891.9 SQ/FT OR 2.018 ACRES
CONCEPT PLAN AREA and BUFFER AREA — Total of 19.418 acres
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PRESERVATlON
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PERPETUAL RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this day of , 2012 by the AEC
Sunset Point, LLC, 2159 McMullen Booth Road, Clearwater, Florida 33759, hereinafter
referred to as "the Owner".
WHEREAS, the Owner is the fee simple title holder of the Property located on 2750
and 2754 Sunset Point Road, City of Clearwater, in the County of Pinellas, Florida, as
described as Exhibit A(legal description), attached to and made a part hereof, and
WHEREAS, the Owner has received an approved land use plan amendment from
Institutional (I) to Industrial Light (IL) and a rezoning from Institutionat (I) to Industrial,
Research, and Technology (IRT,) from the City of Clearwater, Florida, hereinafter referred to
as "the City," to allow for the expansion of the current use, which will be situated on the
property of the Owner 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
restrictive 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 makes and declares the following perpetual restrictive
covenants which shall run with the title to said Property and be binding on the Owner and its
successors in interest. The following Industrial, Research, and Technology (IRT) and
Industrial Limited uses are prohibited by these covenants.
1. Accessory Dwellings.
2. Government Uses.
3. Indoor Recreation/Entertainment.
4. Outdoor Recreation/Entertainment
5. Parks and Recreation Facilities.
6. Publishing and Printing.
7. Restaurant, accessory drive-in.
8. Restaurants.
9. Self Storage.
10. TV /Radio Studios.
11. Vehicle Service.
12. Wholesale Distribution/VVarehouse Facility.
13. Automobile Service Stations.
14. Major Vehicle Service.
15. Parking Lots (Other Than Accessory to the Primary Use).
16. Public facilities.
17. Public Transportation Facilities.
18. Residential Shelters.
EXHIBIT C
19. Retail Sales and Service.
20. Utility/Infrastructure Facilities
21. Vehicle Sales/Displays and Major Vehicle Displays/Displays.
22. Veterinary Offices or Animal Grooming.
23. Adult Uses.
24. Night Clubs.
25. Overnight Accommodations.
26. Salvage Yards.
27. Social Public Service Agencies.
28. Telecommunication Towers.
29. Outdoor sales, outdoor display, and outside storage (so long as outside storage is
prohibited under the IL or IR usage regulations).
The Owner agrees to file these covenants with the Clerk of the Circuit Court of Pinellas
County, Florida, and shall pay any and all expenses associated with their filings and
recording.
IN ADDITION THE OWNER FURTHER RESTRICTS THE SUBJECT PROPERTY AS
FOLLOWS:
1. No buildings will exceed two stories in height.
2. That a 25 ft setback be maintained on the East property line from the abutting residential
development.
IN WITNESS WHEREOF, the Owner has read these Restrictive Covenants and have hereto
affixed their signatures.
OWNER:
AEC Sunset Point, LLC, a Florida
Limited liability company
BY: Aviation Engineering Consultants, Inc.,
A Florida corporation, Member
By
Kamran Rouhani, President
WITNESSES:
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
SWORN TO and subscribed before me this day of , 2012, by Kamran
Rouhani, as President of Aviation Engineering Consultants, Inc., a Florida corporation,
Member of AEC Sunset Point, LLC, a Florida limited liability company, () who is personally
known to me, or ( ) who has produced his driver's license as identification, and who did not
take an oath.
Notary Public
(Printed, typed or stamped name of NP)
My Commission Expires:
(NOTARY PUBLIC SEAL)
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oi TiN ]►1� 00/100 DOLL�1it8, ,•a%'. dther _a�fpd aad �aluable
caz�sideratiaoe to said Oraator,� .�sid-hy ssid c�rat►t�, tbe
zeceipt rrhareaf iai hereby acl�. :.l�e 9s'sated. bargaiaed and
sold tc the eaid grantee, an� �rap ee r a�r ire aad assi�s loz�sv�r
tbe follawiag aeecribed 1�, gf�tyabe, ly�ag aad being iu Pinellaa
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=M tfi'1'l1�SS 1�l, Graator he,e bereuato set Graator � s bsad aad
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� M�/8 1�0?. G`rantor hae hereunto aet Graator�a haad aa+i
seal tbe day arsd yeaz first above vritten.
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t�e foregoiag iaatrumeni aad ackoar]�s�• bafcire . d�e that ehe
eorecutad tbe *a�e . I relied upon , tlye �p �orm of
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LEGAL DESCRIPTION OF PARCEL TO BE REZONED:
A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, ACCORDING TO THE MAP
OR PLAT THERE OF AS RECORDED IN PLAT BOOK 95, PAGE 90 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MQRE PARTICULARLY
DESCRIBED AS FOLLOWS:
COIViMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1, RUN 'I'I�NCE N
40°32'U6" E, ALONG THE WEST BOUNDARY LINE QF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 29 SOLTTH, RANGE 16 EAST, PINELLAS
COUNTY, FLORIDA, A DISTANCE OF 975.85 FEET; THENCE S 89°44'22" E, 109.22 FEET
TO THE POINT OF BEGINMNG OF THE TRACT HEREIN DESCRIBED; THENCE
CONTINUE S 89°44'22" E, 326.70 FEET; THENCE CONTINUE S 89°44'22" E, 300.13 FEET;
THENCE S 00°18'16" W, 199.86 FEET; THENCE S 89°41'44" E, 85.04 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
WITH RADNS 30.00 FEET, CHORD S 34°13'47" W, 49.79 FEET, CENTRAL ANGLE
111°08'36" FOR A DISTANCE OF 58.19 FEET; THENCE ALONG THE ARC OF A CURVE
CONCAVE TO THE WEST, RADNS 580.00 FEET, CH�RD S 19°57'29" E, 38.19 FEET,
CEIVTRAL ANGLE 3°4b'24" FOR A DISTANCE OF 38.20 FEET; THENCE ALONG THE
ARC OF A CURVE CONCAVE TO THE WEST, RADNS OF 58Q.OQ FEET, CHORD S
16°22'25" E, 34.28 FEET, CENTRAL ANGLE 3°23' 14" FOR A DISTANCE OF 34.28 FEET;
THENCE S 89°41'44" E, 134.73 FEET; THENCE S 00°18'16" W, 205.93 FEET; '1'HENCE N
89°41'44" W, 27.84 FEET; THENCE S 06°38'S4" E, 182.54 FEET; THENCE S 2U°59'08" W,
21.39 FEET; THENCE S 06°38'24" E, 63.85 FEET; THENCE N 89°27'24" W, 112.29 FEET;
THENCE N$9°27'24" W, 56.35 FEET; THENCE N 16°42'35" W, 138.26 FEET; THENCE N
33°29'48" W, 86.84 FEET; THENCE N 38°12'19" W, 95.01 FEET; THENCE N 40°27'11" W,
139.45 FEET; TI�NCE N 46°11'23" W, 161.28 FEET; THENCE N 44°43'S5" W, 148.13
FEET; THENCE N 48°12'31" W, 157.25 FEET; THENCE N 49°41'43" W, 116.67 FEET
TO THE POINT OF BEGINNING, ENCOMPASSING 6.5707 ACRES (28b219 SQUARE
FEET) MORE OR LESS.
Concept Pian Area - 6.571 acres
EXHIBt� E 2
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Buffer Adjoining Residentially Designated Property
Vehicle Use/ Landscape Area 25'-50'
Drive to Drive & Parkinq S
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Width
25` Buffer from Pavement to 4 RL Lots
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1. See Concept Plan for Linear 25' Buffer Area along East property
boundary abutting Single Family Lots.
2. BufferArea wall will commence installation with the issuance of a
foundation permit to the developer.
3. No Loading areas or Waste Dumpster facilities will be in this area.
4. Section Sketch is left to right West to East looking North.
City of Clearwater/AEC Development Agreement
10'-15' Tree Buffer ' Property Line
Staggered Buffer Trees
Consistent with Development
Code to Reach 15'-20'Crown
Exhibit G Ref to
AEC PROJECT/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 130,000 square
feet of new facilities will be developed in phases, with estimated time tables and requirements as
follows:
1. Jurisdictional Boundaries and Project Site Plan - These items will be commenced
immediately following all required hearings to approve change of zoning, change of
land use plan, and approval of the Development Agreement.
A) Jurisdictional Boundary Determination - estimated six to eight weeks.
B) Site Plan Preparation and Approval Procedures - estimated four to five
months for approval process, which runs contemporaneous with jurisdictional
boundary determination.
2. Initial Phase of Construction - The first phase of construction is estimated to
include 40,000 to 60,000 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 from
the adjoining residentially designated property to the immediate east, completed
driveways, internal traffic flows, driveway apron, ingress/egress 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 construction phase, including pertnitting, will
commence six to eight months following issuance of Approved Site Plan.
3. AddiNonal Construction Phases - The second phase of construction is estimated to
include 40,000 to 50,000 square feet of buildings. Second phase will commence
within five (5) years of Certificate of Occupancy of first phase.
The third phase of construction will build out the remaining balance of the maximum
130,000 square feet of the approved facilities pursuant to the Approved Site Plan.
The third phase will commence within five (5) years of the Certificate of Occupancy
of the second phase.
Nothing shall prohibit earlier construction of phases or the entire project.
EXHIBIT H