HERBERT BROWN HARRY ROBERTS -KENNEDY AND ROBERTS ASSOCATES LIMITED
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AGREEMENT
THIS AGREEMENT ("Agreement") is made on ..3 fJ) ~' 1989
among the CITY OF CLEARWATER, FLORIDA, a municipal corporation
( "Ci ty" ) and HERBERT G. BROWN and HERBERT G. BROWN AND
ASSOCIATES, LTD., II, V. JACK KENNEDY and V. JACK KENNEDY
ASSOCIATES, LTD., I and HARRY F. ROBERTS and HARRY F. ROBERTS
ASSOCIATES, LTD., I I, ( "Owners" ), owners of ISLAND IN THE SUN
MOBILE HOME PARK ("Park").
R E C I TAL S:
A. Owners are the fee simple owners of ISLAND IN THE SUN
MOBILE HOME PARK ("Park"), which Park is located at 100 Hampton
Road N., Clearwater, Florida, and is legally described on Exhibit
"A" attached hereto and incorporated herein.
B. Owners are the fee simple owners of approximately 57
acres of
vacant
land
located north of
the Park
(the
"Property").
The legal description of the Property is attached
hereto as Exhibit "B" and is incorporated herein by reference.
C. Owners desire to develop the Property as set forth
herein and desire that both the Property and the Park be annexed
into the City pursuant to the terms set forth herein.
D. The City desires to annex the Property and the Park and
to restrict the uses of these properties as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
1. The foregoing recitals are true and cor rect and are
incorporated herein by reference.
2. This Agreement shall be valid for five (5) years from
the date the last of the parties hereto executed this Agreement
("Execution Date").
If development of the Property is not
completed within the duration of this Agreement, the parties will
meet and confer relative to an extension thereof. Any extension
of this Agreement shall be at the City's discretion.
3. Wi thin thirty (30) days after the Execution Date, the
Owners shall file petitions to annex the Property and to amend
the land use plan and zoning designations applicable to the
Property to permi t the development of sixteen (16) residential
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units to the acre, which density calculation will permit transfer
of units from the wetlands area located on the Property.
4. The City acknowledges that the Owner may apply for
approval of an adult congregate living facility and nursing home
on approximately ten (10) acres located in the western portion of
the Property. The City Commission has no objection to this
proposed use. The proposed use is subject, however, to the
specif ic conditions which may be placed on the construction of
the adult congregate living facility and the nursing home during
the conditional use and site planning processes. Nothing
contained in this paragraph shall be construed as relieving
Owners from compliance with all procedures and requirements of
the City's Land Development Code.
5. No later than three (3) years after the Execution Date,
petitions shall be filed to annex the Park and to amend the land
use plan and zoning designations relating to the Park to be
consistent with its use as a mobile home park. The owner of the
Property shall have the right to require the owner of the Park to
execute and file any such required petitions.
6. No development permits shall be issued relating to the
Property until such time as the peti tion to annex the Park is
filed and the sewer plant and sewage disposal site are no longer
in use.
7. Should all land use plan amendments required by the
Agreement not be approved by the Board of County Commissioners of
Pinellas County, then the Property shall be deannexed in
accordance with the terms of proposed Ordinance No. 4821-89 , a
copy of which is attached as Exhibit "CII and incorporated herein.
8. The City will not object to construction approvals,
including any necessary var iances, to allow Owners, at their
expense, to construct a breakaway wall or fence on the south side
of Drew Street, north of Condon Gardens, which wall or fence
shall be acceptable to the City Engineer from the standpoint of
safety. It is contemplated that the breakaway wall or fence
shall be located where the chain link fence is now located, but
the appearance, nature of the breakaway wall or fence and its
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location shall be subject to approval by the Clearwater Housing
Authority.
9. In accordance wi th existing ordinances, the Park shall
pay: (i) water impact fees as connections are made; (ii) full
sewer impact fees for new units but the City shall waive sewer
impact fees for existing units; (iii) the development impact fees
for new units only, if applicable; (iv) the recreation land and
facility fee for new and existing units, but the open space land
fee requirements shall be waived; (v) transportation impact fees
as provided by Pinellas County Ordinance; and (vi) interim
proprietary fees as required by City Code.
10. The Property shall comply with all impact requirements
of the City and County Codes, as amended from time to time.
11. The open space land requirements of the Property and the
recreation land requirements of the Property and Park may be met
solely within the boundaries of the Property and, if so, may be
met, in part, by the dedication of wetlands on the Property.
12. All building requirements, including without limitation
height and setback requirements, shall be governed by the City's
Land Development Code.
13. The Park shall be allowed to continue its same method of
sanitation collection service as is in place as of the date of
this Agreement.
14. The failure of this Agreement to address a particular
permit, condition, term or restriction shall not relieve the
Owners of the necessity of complying with the law governing said
permitting requirement, condition, term or restriction.
15. Any notice to be given or to be served upon any party
hereto in connection with this Agreement must be in wr i ting,
shall be given by certified mail, return receipt requested, and
shall be deemed to have been given and received when a letter
containing such notice, properly addressed, with postage prepaid,
is deposited in the United States mail; and, if given otherwise
than by certified mail, it shall be deemed to have been given
when delivered to and received by the party to whom it is
addressed. Such notices shall be given to the parties as set
forth below:
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FOR CITY:
WITH A COpy TO:
Mr. Ron Rabun
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 34616
Ms. Paula Harvey
Planning Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
FOR OWNERS:
Herbert G. Brown, 121 N. Osceola Avenue
Clearwater, FL 34615
V. Jack Kennedy, 1024 Eldorado Avenue
Clearwater, FL 34615
Harry F. Roberts, 200 Palmetto Road
Belleair, FL 34616
WITH A COPY TO:
Timothy A. Johnson, Jr., Esq.
Johnson, Blakely, Pope,
Bokor, Ruppel & Burns, P.A.
911 Chestnut Street
P.O. Box 1368
Clearwater, FL 34617-1368
16. This Agreement shall constitute a covenant running with
the land for the duration hereof and shall be binding upon both
the Ci ty and Owners and persons der i ving ti tle by, through or
under said Owners and upon their assigns and successors in title
for such duration. The agreements contained herein shall benefit
and limit all present and future owners of the Property and the
Park and the City for the term hereof.
This Agreement shall be
recorded in the public records of Pinellas County, Florida.
17. This Agreement constitutes the entire agreement between
the parties and no modification shall be made except as in
accordance with law. The parties agree there are no outstanding
agreements of any kind other than are reflected herein.
Except
as is otherwise specifically provided herein, the Property shall
be subject to the laws, ordinances and regulations of the City as
they exist as of the date of this Agreement.
18. Should any other governmental permits or approvals be
necessary to effectuate the provisions of this Agreement, the
City agrees not to object to the Owner's applications to obtain
such permits or approvals.
19. This Agreement shall be recorded and shall be a covenant
running with the land and shall be binding on the parties, their
successors and assigns.
IN WITNESS WHEREOF, the parties have hereto set their hands
and seals the day and year first above written.
Approved as to form and
and correctness:
CITY OF CLEARWATER, FLORIDA
M. A. Galbraith,
City Attorney
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City Manager
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~QJa Goudeau, City Clerk
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STATE OF FLORIDA
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Date:
Garvey,
p~l
HERBERT G. BROWN AND
ASSOCIATES, LTD., II
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Herbert G. B:r wn
General Partner
V. JACK KENNEDY
ASSOCIATES, LTD., I
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HARRY F. ROBERTS
ASSOCIATES, LTD., II
Date:
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COUNTY OF PINELLAS
The for going instrument was acknowledged before me this e
day of , 1989, by RITA GARVEY, and CYNTHIA GOUDEAU, as
Mayor d ity Clerk, respectively of CITY OF CLEARWATER,
FLORIDA, a municipal corporation, on behalf of said cor~~~ation.
W:~IJl. ~.
Notary ublic
My commission expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
T~Orego' g instrument was acknowledged before me this~~
day 0 , 1989, by HERBERT G. BROWN, individually and as
Genera Par ner of HERBERT G. BROWN AND ASSOCIATES, LTD., II, a
Florida general partnership, on behalf of said partnership.- '-
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Notary Public! .:-:'f ;.".,,.,...~:.~~-~........,.~,
My commission e
STATE OF FLORIDA
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COUNTY OF PINELLAS
The
day of
General
general
instrument was acknowledged before me this~~
, 1989, by V. JACK KENNEDY, individually and as
er of V. JACK KENNEDY ASSOCIATES, LTD., I, a Florida
nership, on behalf of said partnership.
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STATE OF FLORIDA
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COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this~
day Of7~ ,1989, by HARRY F. ROBERTS, individually and as
General P tner of HARRY F. ROBERTS ASSOCIATES, LTD., II, a
Florida general partnership, on beh~~~~
Notary Public .
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88070 2 ( MME )
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EXHIBIT "A"
LEGAL DESCRIPTION
ISLAND IN THE SUN NOBILE HOME PARK
PHASE I AND II
100 HAMPTON ROAD
CLEARWATR, FLORIDA 34619
FROM THE NORTH 1/4 CORNER OF SECTION 17, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA GO 3300.00 FEET N 890
41' 0'3" E FOR THE PO I NT OF BEG I NN I NG:
THENCE CONT I NLJE N 890 41' 0'3" E 1366. 4'3 FEET . THENCE GO
1302.14 FEET S 000 08' 16" J.aJ, THENCE GO B5B.48 FEET N 8'30 ~:;7'
26" W, THENCE GO 25.00 FEET S 000 02' 34" t..<J, THENCE GO 497.00
FEET N 8'30 57' 26" \.>J, TI-U'::NCE GO 1333.46 FEET N 000 ~7~0' 13" ~'J
TO THE POINT OF BEGINNING LESS THE NORTHERLY 50 FEET FOR
RIGHT-Or-WAY OF DREW STREET. CONTAINS 39.50 ACRES, M.O.L.
87.015/PW
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EXHIBIT "B"
LEGAL DESCRIPTION
That part of Section 8, Township 29 South, Range 16 East,
pinellas County, Florida, described as follows:
Commence at the Southwest corner of the Southeast 1/4 of said
Section 8, and run thence S890 41' 09" E 487.74 feet (487.66 feet
measured) along the South boundary of Section 8; thence
NOl027'18"E 50.01 feet to the North right of way of Drew Street
for the Point of Beginning; thence continue NOl027'18"E 1288.16
feet to the 40 acre line; thence S89036'09"E 2234.09,feet along
the 40 acre line also being the South boundary of "Br.lgadoon o(
Clearwa ter and its extension thereof, according to the map or
plat thereof as recorded in Plat Book 91, Page 35 of the Public
Records of Pine lIas County, Flor ida; thence SOoo14' 31 "w 667.85
feet along a line 50 feet West and parallel to the East boundary
of said Section 8, said line also being the West right of way of
County Road 61 (Bayview Boulevard); thence N890 38' 39"W 688.51
feet along a 10 acre line; thence SOo052'25"W 617.85 feet; thence
N89041'09"W 1566.03 feet along a line 50 feet North and parallel
to the South boundary of said Section 8, said line also being the
North right of way of Drew Street to the Point of Beginning.
Containing 2,463,908.1859 sq. feet or 56.5635 acres m.o.l.
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911/JES/29372MEEl
880702
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ORDINANCE NO. 4821-89
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
REDEFINING THE BOUNDARIES OF THE CITY IN ORDER TO
EXCLUDE THEREFROM CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF DREW STREET, IMMEDIATELY EAST OF
EISENHOWER ELEMENTARY SCHOOL, PINELLAS COUNTY, FLORIDA,
UPON A FINDING THAT THE PROPERTY DOES NOT MEET THE
CRITERIA OF SECTION 171.043, FLORIDA STATUTES, FOR
FAILURE TO APPROVE THE PROPOSED AMENDMENT TO THE
COUNTYWIDE LAND USE PLAN UPON WHICH ANNEXATION WAS
PREDICATED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, Florida, has received a petition from the
owner of the real property described herein requesting the City to exclude the
real property described herein from the corporate limits of the City; and
WHEREAS, the annexat i on of the property descr i bed here i n by Ord i nance
4761-88 was predicated upon the expectation that the proposed amendment to the
Countywide Land Use Plan for Pinellas County would be approved in due course,
so that the property may be "developed for urban purposes" within the meaning
of Section 171.043, Florida Statutes; and
WHEREAS, the nonapproval of the proposed amendment to the Countywide Land
Use Plan will mean that the property will remain undeveloped for an indefinite
length of time, and therefore the property will fail to meet the criteria of
Section 171.043, Florida Statutes; and
WHEREAS, all applicable requirements of Florida law have been complied with
in connection with this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Pursuant to Section 171.051, Florida Statutes, the following
described property is hereby excluded from the corporate limits of the City of
Clearwater, Florida, and the boundary lines of the City are redefined to exclude
the fo 11 owi ng:
See Exhibit A attached hereto.
Section 2. The City Engineer, the City Clerk and the Planning Director
are directed to show the revised boundary of the City, following the exclusion
of the property described herein, upon the official maps and records of the City.
Section 3. This ordinance shall take effect December 31,1989, if the
proposed amendment to the Countywide Land Use Plan for Pinellas County relating
to the property described herein has not been finally approved on or before that
date; otherwise, this ordinance shall not take effect. Not earlier than the
effective date, but not later than 30 days after the effective date, the City
1
EXHIBIT C
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Clerk shall file one certified copy with the Clerk of the Circuit Court of
Pinellas County, Florida, and shall file another certified copy with the Florida
Department of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
/s/ Cynthia E. Goudeau
Cynthia E. Goudeau
City Clerk
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
June 1, 1989
June 15, 1989
/s/ Rita Garvey
Rita Garvey
Mayor-Commissioner
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That part of Section 8, Township 29 South, Range 16 East, Pinellas County,
Florida, described as follows:
Commence at the Southwest corner of the Southeast 1/4 of said Section 8,
and run thence S 89041'09" E, 487.74 feet (487.66 feet measured) along the
South boundary of Section 8; thence N 01027'18" E, 50.01 feet to the North
right-of-way of Drew Street for the POINT OF BEGINNING; thence
continue N 01027'18" E, 1288.16 feet to the 40 acre line; thence S 89036'09"
E, 2234.09 feet along the 40 acre line also being the South boundary of
Brigadoon of Clearwater and its extension thereof, according to the map or
plat thereof as recorded in Plat Book 91, Page 35, of the public records of
Pinellas COlmty, Florida; thence S 00<;'4'31" W, 667.85 feet along a line 50
feet West and parallel to the East boundary of said Section 8, said line also
being the West right-of-way of County Road 61 (Bayview Boulevard);
thence N 89~8'39" W, 688.51 feet along a 10 acre line; thence S 00OS2'25"
W, 617.85 feet; thence N 89041'09" W, 1566.03 feet along a line 50 feet
North and parallel to the South boundary of said Section 8, said line also
being the North right-of-way of Drew Street to the POINT OF
BEGINNING, together with the abutting right-of-way of Drew Street and
that portion of the abutting right-of-way of Bayview A venue lying in the
Southeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range
16 East.
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