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DVA2007-00003
Planning Departm.., ,. ter100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 U Fax: 727 - 562 -4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ❑ SUBMIT APPLICATION FEE $ CASE #: w4l &02ljd 1j �Q D003 DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: PARCEL SIZE: 5.18 ac, 225,644 sf (4.98 ac useable, 216,863 sf) ORIGINAL _ (acres, square feet) RECEIVED PROPOSED USE AND SIZE: 358 Attached Dwelling Units; 13,235 SF Commercial (number of dwelling units, hotel rooms or square footage of nonresidential use) AUG r 3-7007— PLANNING DEPARTMENT DESCRIPTION OF ANY RELATED REQUEST(S): Approval of Development Agreement Xmendyyien)- (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO _ (if yes, attach a copy of the applicable documents) Page 1 of 5 — Development Agreement Application — City of Clearwater DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22/02) PLEASE TYPE OR PRINT- ' A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4- 202.A) APPLICANT NAME: Triangle Old Bay Holdings, LLC Ben Kugler MAILING, ADDRESS: 305 N. Ft. Harrison, Clearwater, FL 33755 .PHONE NUMBER: 727-446 -0020 FAX NUMBER.- 727 -446 -0002 CELL NUMBER: PrImputriangledMevelo 504 -7311 / 224 -1832 EMAIL ADDRESS: thomas@trianaledevelooment.com PROPERTY OWNER(S): Triangle Old Bay Holdings, LLC (Must include ALL owners) AGENT NAME: E.D. Armstrong III, Johnson Pope, et al. MAILING ADDRESS: 911 Chestnut Street, Clearwater, Florida 33756 PHONE NUMBER: 727- 461 -1818 PAX NUMBER- 727-462 -0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: r 302, 304,308,312,314,400,404,303,309 N. Osceola 400,410 Jones, 410 N. Ft. Harrison LEGAL DESCRIPTION: see attached survey PARCEL NUMBER: see proof of ownership PARCEL SIZE: 5.18 ac, 225,644 sf (4.98 ac useable, 216,863 sf) ORIGINAL _ (acres, square feet) RECEIVED PROPOSED USE AND SIZE: 358 Attached Dwelling Units; 13,235 SF Commercial (number of dwelling units, hotel rooms or square footage of nonresidential use) AUG r 3-7007— PLANNING DEPARTMENT DESCRIPTION OF ANY RELATED REQUEST(S): Approval of Development Agreement Xmendyyien)- (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO _ (if yes, attach a copy of the applicable documents) Page 1 of 5 — Development Agreement Application — City of Clearwater B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4- 606.13) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or Include in a formal report): • STATEMENT OF THE`REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS • DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ❑ DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ❑ INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPA PROPOSAL WERE TO BE APPROVED; ❑ ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ❑ COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4- 202.A)R ❑ SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4- 606.G)� t �� ❑ Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servi required to be constructed by the development agreement. The development agreement shall provide that such construction shall be comple prior to the issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development co Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. I. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public hea safety or welfare of the citizens of the City of Clearwater. Such conditions, terms,. restrictions or other requirements may be supplemental requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relie the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of fut development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications specifically anticipated in the development agreement. 'ORIGINAL RECEIVED Page 2 of 5 — Development Agreement Application — City of Clearwater PLANNING DEPARTMENT CITY OF CLEARWATER E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4- 202.A) Q�40_c,,,d ❑ SIGNED AND SEALED SURVEY (including legal description of property) —One original and 12 copies; ❑ COPY OF RECORDED PLAT, as applicable; ❑ PRELIMINARY PLAT, as required; ❑ LOCATION MAP OF THE PROPERTY. ❑ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines.) ❑ GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A)- ❑. SITE PLAN with the following information (not to exceed 24"x 36 "): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; , Location of all public and private easements; Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ❑ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of dwelling units proposed; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ❑ REDUCED SITE PLAN to scale (8'/ X 11) and color rendering if possible; ❑ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One -foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Structural overhangs; Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. ORIGINAL RECEIVED AUG 13 2007 PLANNING DEPARTMENT Page 3 of 5 — Development Agreement Application — City of Clearwater CITY OF CLEARWATER G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) Qeo� O LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and /or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); ������� _ Irrigation notes. REUEND ❑ REDUCED LANDSCAPE PLAN to scale (8'/3 X 11) (color rendering if possible); ❑ IRRIGATION PLAN (required for level two and three approval); J111- 02 2007 ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. M NIWGI0 11T.WiN1EN CITY OF ('1EARWATER H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) S'ez Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. ❑ . BUILDING ELEVATION DRAWINGS -all sides of all buildings including height dimensions, colors and materials; ❑ REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if possible) as required. I. SIGNAGE: (Division 19. SIGNS / Section 3- 1806) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8' /z X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4- 801.C) � 0' c' ❑ Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. STATE OF FLORIDA, COUNTY OF PINELLAS S orn to and subscribed before me this °� day of A.D. 20 9'i _ _ me an by Cs.R- who is ersonally kno has produced 13 as identification. L�� Notary publi My commission expires: Page 4 of 5 - Development Agreement Application - City of Clearwater L. AFFIDAVIT TO AUTHORIZE AGENT: all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 30� . ©�s 3 t a .� o , X40 30� 1 S- rte-- _ ,4to IU - Fr kaeoxcv;j 2. That this property constitutes the property for which a request for a: (describe request) pa&-�a'D n � M nLS,-Ve-(- e (An 11,~f N DDrhi: -,O c94 3. That the undersigned (has /have) appointed and (does /do) appoint: as (his /their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and. act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; '0i 6. That (Itwe), the undersigned authority, hereby certify that the foregoing is true and correc Property ner —Z- Properig Owner STATE OF FLORIDA, COUNTY OF PINELLAS efore me the undersigned, an officer duly commissioned b the laws of the State of Florida, on this p�� day of 'iC personally appeared who having been first duly swom eposes and says tha l"_,,she fully understands the contents of the affidavit a he7 he signed. ti LYNDA CAVANAGH My Commission Expires: MY COMMISSION Dp620014 EXPIRES: Docarkw 05.2010 0C`� I.VgwF7.N0TARY Fl. Notary Discount Assoc. Co. JUL 02 2007 S:IPlanning Departmen64pplication Formsldevelopment reviewldevelopment agreement application1doc PL`ININ GWWNIENT CITY OF CLEtAWATER Page 5 of 5 — Development Agreement Application — City of Clearwater CITY MANAGER February 20, 2008 CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4040 FAX (727) 562-4052 E.D. Armstrong, Esq. Johnson, Pope, Bokor, Ruppel & Burns, PA 911 Chestnut Street Clearwater, FL 33756 Re: Triangle Development Dear Ed: =CE LLJ- k FEB 2 2 21 ; PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER I have reviewed your letter of February 13, 2008 in which Triangle requests an extension of its obligations and time frames under the Development Agreement pursuant to §11.2.2 Unavoidable Delay. Triangle alleges "economic recession" as the basis for the unavoidable delay. I have reviewed the articles that you attached citing Merrill Lynch economist David Rosenberg for the proposition that January was the "fast month of a recession," and an article in which Goldman Sachs states it expects a recession this year. After consulting with the Finance Director and the City Attorney, and reviewing the information available on the Internet and from National Bureau of Economic Research, I conclude that, there is currently insufficient evidence to support your conclusion that we are in an "economic recession." Therefore, your request for a tolling of Triangle's obligations under the Development Agreement is denied. Sincerely, 48'am B. Horne II City Manager Cc: Pam Akin, Clearwater City Attorney Margie Simmons, Clearwater Finance Director FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILIMEMBER GEORGE CRETEKOS, COUNCILMEMBER PAUL GIBSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER �oct. pII t PLANNING DEPARTMENT November 7, 2007 CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562 -4865 Mr. E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, Florida 33757 -1368 Re: Development Order — DVA2007 -00003 1 410 N. Fort Harrison Avenue I Island View / Harrison Village Dear Mr. Armstrong: At their meeting of October 17, 2007, the City Council APPROVED the amendment to the Development Agreement between Triangle Old Bay Holdings, LLC (the property owner) and the City of Clearwater for the site at 410 North Fort Harrison Avenue. Should you need further assistance, please contact Robert G. Tefft, Planner III at (727) 562 -4539 or via email at robert.tef ZDinyelearwater.com. . Sincerely, Michael Delk, AICP Planning Director FRANK HIBBARD, MAYOR S: (Planning Department) gl�{�gE (DVA)IDVA2007 -00003 Ft Harrison Avq )9. 4jbj-q)ftlypti1 -#riUB@FIFt Harrison Ave N410 BILL JONSON, COUNCILMEMBER - Development Or 11- 07- 07.d0f�RUN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT ( "AMENDMENT ") amends the DEVELOPMENT AGREEMENT ( "AGREEMENT ") dated February 21, 2007, effective as provided in Section 5 of the AGREEMENT, and entered into between TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company ( "DEVELOPER ") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ( "COUNCIL "), the governing body thereof ( "CITY "). The following changes are made to the Development agreement: (Amend Recital D:) D. DEVELOPER desires to develop the Property as a. mixed residential /retail development, consisting of not more than 358 residential units and 13,235 square feet of retail, with associated parking, generally conforming to that development approved by the CDB on September 18Nevember - , 20076 in Case No. FLD20076- 0702550W (AMEND SECTION 5.1) 5.1 This AGRE- EAMENDMENT shall bese+ge effective as provided for by the ACT and upon final approval of this agreement by the Clearwater City Council. 06Geeela Ave. a6 deenrihed in Senti^n 6.2.7. (AMEND SECTION 6.1.3.1) 6.1.3.1 The PROPERTY shall be developed in conformance with that development approved by the CDB on September 18NevembeF -� , 20076 in Case No. FLD20076- 070256038. The population density and maximum building intensity are shown in that approved development application. Specifically, the Property shall be developed in 3 phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98 countable acres) has 249 units permitted. 116 units (114 in Antilles Tower + 2 Cityhomes) will be built in Phase 1, drawing 136 units from the Public Amenities Incentive Pool_ (so as to be eligible f ^r ext I 1-1 1) 109 units 108 in Bahamas Tower + 1 Cityhome) will be built in Phase 2, drawing 1 unit from the Public Amenities Incentive Pool (for extra height). Phase 3 will have a 187 -story Caymans Ttower with 1089 units, 3 Cityhomes plus Harrison Village with 224 units & 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of 133 units, drawing 952 additional units and 13,235 square feet from the Public Amenities Incentive Pool, for a total of 109 units and 13,235 square feet of non - residential floor area from the Public Amenities Incentive Pool over the entire project. In the event Developer sells combined units in any of the 3 towers, thereby reducing the unit count in the Towers, Developer shall not lose the entitlements to these units, but will be able to use these units instead in Harrison Village (subiect to the approval of FLD2007- 07025), thereby retaining the same total 358 units for the entire proiect. However, in the event that upon the completion of Harrison Village any of the 358 units are not built, these units shall be returned to the Public Amenities Incentive Pool. (AMEND SECTION 6.1.3.2) 6.1.3.2 Building height to the highest point of the finished flat roof surface of the 3 Island View condominium towers shall not exceed 180 feet above the mean site elevation. Building height to the highest point of the finished flat roof surface top of et of the two (2) buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village Site. (AMEND SECTION 6.1.3.5) 6.1.3.5 The parties' acknowledge that it is conceivable that the Project will not proceed to full completion of all phases. Accordingly, DEVELOPER agrees that the 2.0 acre parcel of land described in Exhibit "H" (the "Exhibit "H" Property ") hereto shall be dedicated to support the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this Development Agreement notwithstanding the amendment of the site plan for the balance of the Property. The deed restriction, required by Paragraph 6.1.4 shall include said dedication and encumbrance. In the event Phases 2 and 3 are not developed, the "Exhibit "H" Property" shall be limited to the 116 units allowed in Phase 1, and the "Exhibit "H" P rope rtyr#" shall be encumbered by this restriction immediately upon the issuance of a building permit for Phase 1. (AMEND SECTION 6.1.3.7) 6.1.3.7 No certificate of occupancy shall be issued for each phase until the streetscaping for that phase has been substantially completed, as set forth in Exhibits "E ", "E -1 ", "E -2" and "E- Y. attached hereto and incorporated herein. Specifically this includes: Phase 1: Landscaping and hardscaping of: a) South third of the wWest side of Osceola Ave b) East side of Fort Harrison Ave between Jones Streets#reet and Georgia Streets#feet. Phase 2: Landscaping and hardscaping of: a) North side of Georgia Street b) Intersection of Jones St and Ft Harrison Ave c) Center third of the west side of Osceola Ave Phase 3: Landscaping and hardscaping of: a) West side of Ft. Harrison Ave. between Georgia and Jones b) East side of Osceola Ave, south side of Georgia St. and north side of Jones Street, and Osceola crosswalks and midblock pedestrian plaza in Harrison Village; all as shown on Exhibit "D ". c) North third of the west side of Osceola Ave 2 Gd _Base of Georgia Street hardscaping. doe) _Intersection of Georgia St upgraded with landscaping and and Ft Harrison Ave The parties agree that the obligation, of DEVELOPER to construct the phase improvements described above is contingent upon Developer proceeding to construct each respective phase of the Project. (Add Section 6.1.6) 6.1.6 During construction of Phase 1 the first (southern) third of the parking structure will be built. The center third of the parking structure will be built in Phase 2, and the last (northern) third of the parking structure will be built in Phase 3. In each of Phases 1 and 2 the northern face of the parking structure will have a temporary finish which remains until the next third of the parking structure is built. In each phase the part of the parking structure being built will contain enough parking spaces to meet the parking requirements for that phase. In the event that a construction hiatus (defined as being a time gap between the date the Certificate of Occupancy is issued for the shell of the principal structure for each Phase and the date construction commences on the subsequent Phase) of more than 60 days occurs, DEVELOPER shall install and maintain landscaping improvements and limited temporary architectural facade improvements across the northern face of the parking structure which obscures at least 75% of the view of vehicles and the interior of the parking structure from street level. In the event that the subsequent phase does not start on schedule as per Exhibit "E ", then DEVELOPER shall fullly finish the facade of the northern face of the parking structure. (AMEND SECTION 6.2. 1) 6.2.1 CITY will issue such building permits for the Property as are consistent with the Comprehensive Plan and that development approved by the CDB on September 18NE)vembeF , 20076 in Case No. FLD20076- 070255030 =and that meet the requirements of the CODE and that go through any and approval process. (DELETE SECTION 6.2.2) 6.2.2The CITY shall Gonsoder the vaGatoan of Qsreela Avenue and the effe-tiveRes6 of this Agreement is GontingeRt OR the Fequested 3 (ADD SECTION 14) SECTION 14. Exhibits B C D D -1 D -2 D -3 E E -1 E -2 E -3 and H attached replace the previous exhibits so numbered in the Development Agreement. (ADD SECTION 25) SECTION 25. In the event the City Council approves a proposed amendment to the existing ordinance (Ordinance No. 769 -07) vacating a portion of the existing Osceola Ave between Jones Street and Georgia Street, Developer shall have the option of temporarily finishing Osceola Ave to the standards specified in said ordinance amendment prior to Phase 1. Once Developer has completed Osceola Ave to these standards and has had the work accepted as complete by the City, City will release Developer's Letter of Credit posted in compliance with the ordinance. This section does in no way alter section 6.1.3.7, which specifies the landscaping and hardscaping requirements for the completion of each phase. (ADD SECTION 26) SECTION 26. In accordance with the Clearwater Community Development Code Article 3, Section 2405 ( "PUBLIC ART ORDINANCE"), DEVELOPER and CITY agree that the development encompassed by AGREEMENT is subject to one overall Public Art contribution of $200,000. It is furthermore agreed that DEVELOPER will, prior to getting a Certificate of Occupancy on Phase 1, either a) Post a Letter of Credit to CITY, in a form acceptable to the City Attorney and drawn on a Florida bank, for $200,000, which CITY can draw upon as Public Art contribution if DEVELOPER fails to provide public art as per the above section of the Community Development Code by the end of Phase 3 as defined in sections 6.1.3.4 and 11.2 and Exhibit "E" of AGREEMENT or by the end of phases 1 and /or 2 in the event the subsequent phase is not started on time as defined in Sections 6.1.3.4 and 11.2 and Exhibit "E" of AGREEMENT: or b) Commission public art as per PUBLIC ART ORDINANCE procedure, to the value of $200,000, with copy of the commission contract to the City, and with said contract specifying that the contract is valid for public art to be completed by the end of phase 3, as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of the agreement, or for public art for phases 1 and /or 2 in the event the subsequent phase is not started on time as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of the agreement. [End of Substantive Provisions, Signature Page to follow.] WITNESSES: Countersigned: r nk V. Hibbard Mayor Approved as to form: �L C ada- Ceslie-K. Dougall -S }', e Assistant City Attorho 61 TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company By: Its: Managing Member CITY OF CLEARWATER, FLORIDA By: William B. Horne II t Attest: $. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this i � d. T 2007, by Ux�c� , as managing member of Triangle Old Bay H ings, LLC, a Florida limited liability company, on behalf of the company, who N-is personally known to me or who ❑ produced as identificm LYNDA CAVANAGH MY COMMISSIONADD620014 Nota ubliC EXPIRES: December Os. 2010 I•>pMti3•NOTARY FI. Notary Discount Assoc. Co. Print Name: STATE OF FLORIDA CITY OF PINELLAS The foregoing instrument was acknowledged before me this -9Z, 2007, by Frank V. Hibbard, as Mayor of the City of Clearwater, Florida, who is personally known to me or who ❑ produced identification. Notary Public Print Name:) STATE OF FLORIDA DIANE EMANNI MY COMMISSION # DD526033 CITY OF PINELLAS )�or� EXPIRES: Mar. 6,2010 (4p77 998-0163 Florida Notary SerAce.com The foregoing instrument was acknowledged before me this bc-M- 0e 1 V` 1\ , 2007, by, William B. Horne II, City Manager of the City of Clearwater, Florida, who Er is personally known to me or who ❑ produced identification. Notary Public \ Print Name: 4 —1 i MY COMMISSION # DD 278716 EXPIRES: January 4, 2008 1+� P Q' Donded Th. Notary k utMervttRers Notary Public \ Print Name: 4 —1 Amended Exhibits: "B ": Concept Plan "C ": Renderings attached "D" Phasing Plan "D -1" Phasing Plan — Phase 1 "D -2" Phasing Plan — Phase 2 "D -3" Phasing Plan — Phase 3 "E ": Phasing Schedule "E -1" Phase 1 Streetscaping "E -2" Phase 2 Streetscaping "E -3" Phase 3 Streetscaping "H" Phase 1 Dedicated Land 09/25/07 10:06 AM 45403.108701 #378904 v1 - Triangle /Development Agreement 7 - _...i n t I a uo a .,. t a { W al, to t fir' a, v, r -rl o 4 ` - �N.: r .. . : ._: _�.: ��x � � x ..,. ry u'�5„``- ab :tt ➢�.�; g; •m� ..'�' '", °, .. ,..� ,« ,t��! • >•,ad' „a! ��.m'' Pg PI'ttYmi�rJ �!t�f h�ii�y':s�d Y� /N .� If Pc # �31� +�•' i i 6 1 h P� �• 0 0 t5� fi H� •� t n � k G—ge Parking Harrison Village R South Ll Pla: I Tower 2 !a- Parking .:_._',�"�J 1;,pajr— -Wig{' L na�'S•:,. � R —A r Gam9e Entrance Z IV- j� t r Foi "t Harrison Avt nuf-. K{. r t4 t� ' 9; $• � I s, Harrison Village i 4 a North vi 1 r�'J t" , t`.. ,.2,, Tower 1 Pg PI'ttYmi�rJ �!t�f h�ii�y':s�d Y� /N .� If Pc # �31� +�•' i i 6 1 h P� �• 0 0 t5� fi H� •� t n � k G—ge Parking Harrison Village R South Ll Pla: I Tower 2 !a- Parking .:_._',�"�J 1;,pajr— -Wig{' L na�'S•:,. � R —A r Gam9e Entrance iNevv Osceola Avenue t r Foi "t Harrison Avt nuf-. K{. r t4 t� ' 9; $• � I s, Harrison Village a North r Foi "t Harrison Avt nuf-. t4 t� ' 9; $• � h 41 AA�� `I� ~ ' VIEW TO .NOlslrl'Il-EASrl -' Rendering • I � , We e pea .1 1 f • EXHIBIT D - Phasing Plan --------------------------- ... RG STA- "!A ----------- .j PHASE 3 H R RISO� TOWER r U B ILDING A A- - - - - - - - - - - - -- II I 0 9-PHASE2 R ITOWER 2 IL II — — — — — — :—: 62 iA§ 4— , �OVERLAP L L k L- � I �� _ - PHASE 1 L I HARRISON VILAGF i BUILDINGS j A TCWER1 r Wo 6A Ir, jjt r r k8m We e pea .1 1 f • U Exhibit - Phasingg Exhibit E PHASING SCHEDULE Phase Commencement/ Res. Units Retail Space Parking STREETSCAPE OTHER Completion Dates Permitted + Permitted + Spaces EST. COST" AND DESCRIPTION) (EST. COST* AND Pre -Con- 7/07 Pool 0 Pool 0 0 DESCRIPTION struction 12/31/08- 1030+136 0 174 $600,000 — landscaping and hardscaping of: Osceola Ave 12/31/1089 a) South third of the Wwest side of Osceola Ave widened, moved and b) East side of Fort Harrison Ave between Jones utilities upgraded at a Street and Georgia Street. cost of about $1 See Exhibit E -1 million. 2 12/31/118— 108+1 0 162 $600,000 — landscaping and hardscaping of: 12/31/132 a) North side of Georgia Street b) Intersection of Jones St and Ft Harrison Ave c) Center third of the west side of Osceola Ave See Exhibit E -2 3 12/31/143— 3844-+952 0+13,235 22404 $1,800,000 — landscaping and hardscaping of: 12/31/165 (Shared a) West side of Ft. Harrison Ave. between Georgia parking and Jones formula b) East side of Osceola Ave, south side of Georgia applied) St. and north side of Jones Street, and Osceola crosswalks and midblock pedestrian plaza in Harrison Village; all as shown on Exhibit "D ". c) North third of the west side of Osceola Ave std Base of Georgia Street upgraded with landscaping and hardscaping. doe Intersection of Georgia St. and Ft Harrison Ave See Exhibit E -3 TOTAL 249+109 0+ 13,235 560548 $3,000,000 $1,000,000 * "Est. Cost" = Developer's estimate for the described work which may in the end (when the work is finally put out for contract and completed) turn out to be more or less than the estimate.. 08/09/07 12:12 PM #378917 v1 - Triangle /Phasing Table 1 J Ll- 7 ° 77-7,..... .:gym » \ »c y 2 � � \ 0 mm U� o m °m of � � a — 0 'a 3 ppi W c � c ;a > a � m n �A `m AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT ( "AMENDMENT ") amends the DEVELOPMENT AGREEMENT ( "AGREEMENT ") dated February 21, 2007, effective as provided in Section 5 of the AGREEMENT, and entered into between TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company ( "DEVELOPER ") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ( "COUNCIL "), the governing body thereof ( "CITY "). The following changes are made to the Development agreement: (Amend Recital D:) D. DEVELOPER desires to develop the Property as a mixed residential /retail development, consisting of not more than 358 residential units and 13,235 square feet of retail, with associated parking, generally conforming to that development approved by the CDB on September 18November 24, 20076 in Case No. FLD20076- 070255030. (AMEND SECTION 5.1) 5.1 This AGR-E-AMENDMENT shall beeeme effective as provided for by the ACT and upon final approval of this agreement by the Clearwater City Council.the- ,ation of (AMEND SECTION 6.1.3.1) 6.1.3.1 The PROPERTY shall be developed in conformance with that development approved by the CDB on September 18av ember 1, 20076 in Case No. FLD20076- 070255830. The population density and maximum building intensity are shown in that approved development application. Specifically, the Property shall be developed in 3 phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98 countable acres) has 249 units permitted. 116 units 114 in Antilles Tower + 2 Cit homes will be built in Phase 1, drawing 136 units from the Public Amenities Incentive Pool: - as to be eligible feF extra-heigh 109 units 108 in Bahamas Tower + 1 Cityhome) will be built in Phase 2, drawing 1 unit from the Public Amenities Incentive Pool (for extra height). Phase 3 will have a 187 -story Caymans Ttower with 1088 units, 3 Cityhomes plus Harrison Village with 224 units & 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of 133 units, drawing 9521 additional units and 13,235 square feet from the Public Amenities Incentive Pool, for a total of 109 units and 13,235 square feet of non - residential floor area from the Public Amenities Incentive Pool over the entire project. In the event Developer sells combined units in any of the 3 towers, thereby reducing the unit count in the Towers Developer shall not lose the entitlements to these units but will be able to use these units instead in Harrison Village (subject to the approval of FLD2007- 07025) thereby retaining the same total 358 units for the entire project However, in the event that upon the completion of Harrison Village any of the 358 units are not built, these units shall be returned to the Public Amenities Incentive Pool, (AMEND SECTION 6.1.3.2) 6.1.3.2 . Building height to the highest point of the finished flat roof surface of the 3 Island View condominium towers shall not exceed 180 feet above the mean site elevation. Building height to the highest point of the finished flat roof surface top of paFapet -of the two (2) buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village Site. (AMEND SECTION 6.1.3.5) 6.1.3.5 The parties acknowledge that it is conceivable that the Project will not proceed to full completion of all phases. Accordingly, DEVELOPER agrees that the 2.0 acre parcel of land described in Exhibit "H" (the "Exhibit "H" Property ") hereto shall be dedicated to support the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this Development Agreement notwithstanding the amendment of the site plan for the balance of the Property. The deed restriction required by Paragraph 6.1.4 shall include said dedication and encumbrance. In the event Phases 2 and 3 are not developed, the "Exhibit "H" Property" shall be limited to the 116 units allowed in Phase 1, and the "Exhibit "H" Pra ert P+pperty" shall be encumbered by this restriction immediately upon the 'issuance of a building permit for Phase 1. - (AMEND SECTION 6.1.3.7) 6.1.3.7 No certificate of occupancy shall be issued for each phase until the streetscaping for that phase has been substantially completed, as set forth in Exhibits "E ", "E-1", "E -2" and "E -3" attached hereto and incorporated herein. Specifically this includes: Phase 1: Landscaping and hardscaping of: a) South third of the wWest side of Osceola Ave b) East side of Fort Harrison Ave between Jones Streetstreet and Georgia Streetstreet. Phase 2: Landscaping and hardscaping of: a) North side of Georgia Street b) Intersection of Jones St and Ft Harrison Ave c) Center third of the west side of Osceola Ave Phase 3: Landscaping and hardscaping of: a) West side of Ft. Harrison Ave. between Georgia and Jones b) East side of Osceola Ave, south side of Georgia St. and north side of Jones Street, and Osceola crosswalks and midblock pedestrian plaza in Harrison Village; all as shown on Exhibit "D ". c) North third of the west side of Osceola Ave 2 64d) Base of Georgia Street upgraded with landscaping and hardscaping. e}) Intersection of Georgia St. and Ft Harrison Ave The parties agree that the obligation of DEVELOPER to construct the phase improvements described above is contingent upon Developer proceeding to construct each respective phase of the Project. (Add Section 6.1.6) 6.1.6 During construction of Phase 1 the first (southern) third of the parking structure will be built. The center third of the parking structure will be built in Phase 2. and the last (northern) third of the parking structure will be built in Phase 3. In each of Phases 1 and 2 the northern face of the parking structure will have a temporary finish which remains until the next third of the parking structure is built. In each phase, the part of the parking structure being built will contain enough parking spaces to meet the parking requirements for that phase. In the event that a construction hiatus (defined as being a time gap between the date the Certificate of Occupancy is issued for the shell of the principal structure for each Phase and the date construction commences on the subsequent Phase) of more than 60 days occurs DEVELOPER shall install and maintain landscaping improvements and limited temporary architectural facade improvements across the northern face of the parking structure which obscures at least 75% of the view of vehicles and the interior of the parking structure from street level. In the event that the subsequent phase does not start on schedule as per Exhibit E then DEVELOPER shall fullly finish the " fa add the northern face of the parking structure. (AMEND SECTION 6.2. 1) 6.2.1 Cin will issue such building permits for the Property as are consistent with the Comprehensive Plan and that development approved by the CDB on September 18 oven4be; -24, 20076 in Case No. FLD20076- 070255030 _and that meet the requirements of the CODE and that go through any and approval process. (ADD SECTION 14) SECTION 14. Exhibits B, C, D, D-1, D-2, D-3, E, E-1, E-2, E-3 and H attached replace the previous exhibits so numbered in the Development Agreement. (ADD SECTION 25) SECTION 25. In the event the City Council approves a proposed amendment to the existing ordinance (Ordinance No. 769-07) vacating a portion of the existing Osceola Ave between Jones Street and Georgia Street, Developer shall have the option of temporarily finishing Osceola Ave to the standards specified in said ordinance amendment prior to Phase 1. Once Developer has completed Osceola Ave to these standards and has had the work accepted as complete by the City, City will release Developer's Letter of Credit posted in compliance with the ordinance. This section does in no way alter section 6.1.3.7, which specifies the landscaping and hardscaping requirements for the completion of each phase. (ADD SECTION 26) SECTION 26. In accordance with the Clearwater Community Development Code Article 3, Section 2405 ( "PUBLIC ART ORDINANCE"), DEVELOPER and CITY agree that the development encompassed by AGREEMENT is subject to one overall Public Art contribution of $200,000. It is furthermore agreed that DEVELOPER will prior to getting a Certificate of Occupancy on Phase 1, either a) Post a. Letter of Credit to CITY, in a form acceptable to the City Attorne and drawn on a Florida bank, for $200,000, which CITY can draw upon as Public Art contribution if DEVELOPER fails to provide public art as per the above section of the Community Development Code by the end of Phase 3, as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of AGREEMENT, or by the end of phases 1 and/or 2 in the event the subsequent phase is not started on time as defined in Sections 6.1.3.4 and 11.2, and Exhibit "E" of AGREEMENT; or - b) Commission public art as per PUBLIC ART ORDINANCE procedure, to the value of $200,000, with copy of the commission contract to the City, and with said contract specifVinq that the contract is valid for public art to be completed by the end of phase 3, as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of the agreement, or for public art for phases 1 and/or 2 in the event the subsequent phase is not started on time as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of the agreement. [End of Substantive Provisions, Signature Page to follow.] WITNESSES: Printed Name: Printed Name: Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall -Sides Assistant City Attorney k, TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company in Its: Managing Member CITY OF CLEARWATER, FLORIDA go William B. Horne II Attest: Cynthia E. Goudeau City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this , 2007, by , as managing member of Triangle Old Bay Holdings, LLC, a Florida limited liability company, on behalf of the company, who ❑ is personally known to me or who ❑ produced as identification. Notary Public Print Name: STATE OF FLORIDA ) CITY OF PINELLAS ) The foregoing instrument was acknowledged before - me this , 2007, by Frank V. Hibbard, as Mayor of the City of Clearwater, Florida, who ❑ is personally known to me or who ❑ produced identification. Notary Public Print Name: STATE OF FLORIDA ) CITY OF PINELLAS The foregoing instrument was acknowledged before me this , 2007, by William B. Horne II, City Manager of the City of Clearwater, Florida, who ❑ is personally known to me or who ❑ produced identification. Notary Public Print Name: C Amended Exhibits: "B ": Concept Plan "C ": Renderings attached "D" Phasing Plan "D -1" Phasing Plan — Phase 1 "D -2" Phasing Plan — Phase 2 Phasing Plan — Phase 3 "E ": Phasing Schedule "E -1" Phase 1 Streetscaping "E -2" Phase 2 Streetscaping "E -3" Phase 3 Streetscaping "H" Phase 1 Dedicated Land 09/25/07 10:06 AM 45403.108701 #378904 v1 - Triangle /Development Agreement 7 Exhibit E PHASING SCHEDULE Phase Commencement/ Res. Units Retail Space Parking STREETSCAPE OTHER Completion Dates Permitted + Permitted + Spaces (EST. COST* AND DESCRIPTION) (EST. COST* AND Pool Pool DESCRIPTION Pre -Con- 7/07 0 0 0 struction 1 12/31/087— 1030+136 0 174 $600,000 — landscaping and hardscaping of: Osceola Ave 12/31/1099 a) South third of the Wwest side of Osceola Ave widened, moved and b) East side of Fort Harrison Ave between Jones utilities upgraded at a Street and Georgia Street. cost of about $1 See Exhibit E -1 million. 2 12/31/119— 108+1 0 162 $600,000 — landscaping and hardscaping of: 12/31/13 a) North side of Georgia Street b) Intersection of Jones St and Ft Harrison Ave c) Center third of the west side of Osceola Ave See Exhibit E -2 3 12/31/143— 3844-+95-2 0+13,235 22494 $1,800,000 — landscaping and hardscaping of: 12/31/165 (Shared a) West side of Ft. Harrison Ave. between Georgia parking and Jones formula b) East side of Osceola Ave, south side of Georgia applied) St. and north side of Jones Street, and Osceola crosswalks and midblock pedestrian plaza in Harrison Village; all as shown on Exhibit "D ". c) North third of the west side of Osceola Ave std Base of Georgia Street upgraded with landscaping and hardscaping. 4) _)e Intersection of Georgia St. and Ft Harrison Ave See Exhibit E -3 TOTAL 249+109 0+13,235 560540 $3,000,000 $1,000,000 * "Est Cost" = Developer's estimate for the described work which may in the end (when the work is finally put out for contract and completed) turn out to be more or less than the estimate.. 10/15/07 01:08 PM0 /03/07 &47 - -AM #378917 v1 - Triangle /Phasing Table 12.45 pm Case Number: DVA2007 -00003 — 410 N FT HARRISON AVE Owner(s): Triangle S A Land Llc 305 N Fort Harrison Ave Clearwater, F133755 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Representative: Thomas Coates 305 N Fort Harrison Ave Clearwater, Fl 33755 TELEPHONE: 727 - 446 -0020, FAX: 727 - 446 -0002, E -MAIL: thomas @triangledevelopment.com Location: 5.18 ACRES (4.98 USABLE) LOCATED WEST OF N FT HARRISON AVENUE BETWEEN JONES AND GEORGIA STREETS Atlas Page: 277B Zoning District: D, Downtown Request: Review, and recommendation to the City Council, of a Development Agreement between Triangle Old Bay Holdings, LLC and the City of Clearwater. Proposed Use: Mixed use Neighborhood No Neighborhood Assocation Data Association(s): Presenter: Robert Tefft, Planner III Attendees Included: The DRC reviewed this application with the following comments: General Engineering: I . 1. Applicant shall adhere to all terms and conditions of Vacation Ordinance #7769 -07. Applicant is advised that the conditions that shall be met prior to the effective date of the ordinace are to be met within 180 days of the date the ordinance was adopted, (Feb. 15, 2007) or the ordinance will be null and void. Environmental: I . No Issues. Fire: No Comments Harbor Master: No Comments Legal: No Comments Land Resources: No Comments Landscaping: No Comments Parks and Recreation: No Comments Stormwater: I . No Issues Solid Waste: No Comments Traffic Engineering: I . No Issues. Planning: Development Review Agenda - Thursday, August 2, 2007 - Page 21 I . Recital D must be amended to reflect the current application case number (FLD2007- 07025) and the anticipated CDB date (September 18, 2007). 2. Section 5.1 states "upon the vacation of Osceola Ave. as described in Section 6.2.2" in reference to the effective date of the agreement. Has this vacation not already occured? 3 . Section 6.1.3.1 references the previous approval date and case number. Revise to reflect current application and anticipated CDB date. 4. Section 6.1.3.1 denotes that 116 units (114 in tower and 2 in brownstones) will be built in phase one. However, the plans indicate that 111 units (109 and 2) will actually be built. Exhibit "E" will also need to be revised to reflect these numbers. 5 . Section 6.1.3.1 denotes that 109 units (108 in tower and 1 in brownstones) will be built in phase two. However, the plans indicate that 112 units (110 and 2) will actually be built. Exhibit "E" will also need to be revised to reflect these numbers. 6. Section 6.1.3.1 denotes that 133 units (109 in tower, 3 in brownstones, and 21 in Harrison Village) will be built in phase one. However, the plans indicate that 135 units (109, 2 and 24) will actually be built. Exhibit "E" will also need to be revised to reflect these numbers. 7. Section 6.1.3.1 does not accurately state the number of units being drawn from the Public Amenities Incentive Pool at each phase. Based upon the size of the parcel in phase one (as per Exhibit "H "), 103 are permitted and 8 would need to be drawn from the Pool. In phase two, it would appear that 7 units would need to be drawn from the Pool, and in phase three, 94 units would need to be drawn from the Pool. In addtion to modifiy this Section, Exhibit "E" must also be revised to reflect these numbers. 8. Section 6.1.3.5 states that 116 units are allowed in phase one. However, only 111 units are proposed in this phase. 9. Section 6.1.3.6 states that parking will be provided as required by Code for phase one in the initial part of the parking structure built in phase one; however no plans have been provided which support this statement. Further, this section shall need to be amended to include phase two, and plans provided accordingly. 10. Section 6.1.5 exists twice. Please revise. 11 . Section 6.1.5 (the second one) contains a typographical error in the fourth line stating "northern pace" instead of "northern face ". 12. Section 6.1.5 (the second one) is not supported by any plans depicting the size and shape of the building, or appearance of the "temporary finish ". 13. . Section 6.2.1 must be amended to reflect the current application case number (FLD2007- 07025) and the anticipated CDB date (September 18, 2007). 14. Exhibits "D -1" and "H" are not consistent. 15. The titles of Exhibits "E -1 ", "E -2" and "E -3" should be changed to strike "land - and" as the exhibits do not reference the land associated with the individual phases. Other: No Comments Notes: THE DVA MUST BE REVISED TO ADDRESS ALL COMMENTS PRIOR TO PROCEEDING BEFORE THE CDB. THE FLD CASE WILL NOT MOVE FORWARD WITHOUT THE DVA. SUBMIT REVISIONS NO LATER THAN NOON, MONDAY, AUGUST 13, 2007. Development Review Agenda - Thursday, August 2, 2007 - Page 22 ® 19 EM 70 E) n2) �E lider.tt+li[ AtivtsntAt;e (CtoF�rtletft - R_T) Exit New Open Task list OBE GIs ®` Calendar- Microsoft... 0 D X 0 123 L% cl— View Add Nkte 1—ft R—.bv Malti_._ Print Development Agreement -- DVA2007 -00003 Status REC QI�Ji Name :THOMAS COATES Updated_ 7/2412007 R T Atlas General i Address: 410 N FT HARRISON AVE Master#: DVA2007 -00003 2778 SLD Zoning PRJ #: DVA007 -00003 P i Nan A — — i Description ADDT f Case Number. FLD2007 -07025 iPlanning Status: Complete Letter Sen', Planner: jRobert Tefft, Planner III Comments: 1!4 VieW/Add Conditions Condition 4:14 PM Conditions Associated r;ith DVA2007 -00003 j , f'- Title Status�i Status pate �tlpdated Status byJ' 4V 1 Environmental Condition Plot 6iet 7114. +2007 711912007 SJ S1 0 2 Storm 'Afater Undition Not Met 7/19/2007 7//912007 PIP/ PTV 1 hi 3Traffic Eng Condition ?tot Met 71232007 7/2312007 5_E 6_E 1M 4_ Engineering Condition . _Not Met - 712312007 7/2320007 SLD _;SLD Condition ENG1 JENGRJEERING COhIDITION Updated 712312007 By SLD Edit Condition Met: [l Date 7/23/2007 By SLD Hold Level Warning Report Tag ENG Condition Text Building Code 1- Applicant shall adhere to all terms and conditions of Vacation Ordinance #7769 -07. { Help Applicant is advised that the conditions that shall be met prior to the effectiv o t e ordinate are to be met within 180 days of the date the ordinance wa7ed:lFel- 15, l OK 2007) or the ordinance !,,rill be null and void. _ iCancel hyS�WE "°'C /J� s Wo. zssion Item #: Clearwater City Council C-2, = 4 Agenda Cover Memorandum Final Agenda Item # Meeting Date: 10 -17 -07 SUBJECT /RECOMMENDATION: APPROVAL of an amended Development Agreement between Triangle Old Bay Holdings, LLC, (the property owner) and the City of Clearwater (previously DVA 2006 -00001 approved by City Council on February 15, 2007) to modify the effective date of the agreement, and the provisions of the phasing schedule, as well as add language pertaining to a proposed site plan modification (FLD2007- 07025). (DVA2007- 00003) ® and that the appropriate officials be authorized to execute same. SUMMARY: ❑ The subject property is 5.18 acres (including 0.2 acres located within the Preservation (P) Future Land Use Plan category that does not generate density). It is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south, Georgia Street to the north and Clearwater Harbor to the west. ❑ On September 18, 2007, the Community Development Board approved a Flexible Development application (FLD2007- 07025) to amend the previously approved FLD2006 -05030 (CDB approved on November 21, 2006) for the construction of a mixed -use development consisting of 358 attached dwellings (84.43 units /acre) and 13,235 square feet of non- residential floor area (0.5 F.A.R.). With this approval the CDB approved the use of 109 attached dwellings and 13,235 square feet of non - residential floor area from the Public Amenities Incentive Pool of the Clearwater Downtown Redevelopment Plan in exchange for substantial contributions to the Master Streetscaping and Wayfinding Plan along North Fort Harrison Avenue, Osceola Avenue, Jones Street and Georgia Street as well as the their intersections (valued at approximately $3 million). Further, the development itself is a mixed -use project that will further the Plan's major redevelopment goals and character district vision. ❑ The proposed Development Agreement will amend the previously approved Development Agreement as follows: • Amends Section 6.1.3.1 to modify the number of dwelling units being constructed and pulled from the Public Amenities Incentive Pool in each of the three phases; • Amends Section 6.1.3.1 to add a new paragraph stating that if the Developer sells combined units in any of the three towers, thereby reducing the unit count in the towers, the Developer would not lose entitlements to those units, but would instead be able to use those units in Harrison Village, subject to a revision to the approved Flexible Development application; • Amends Section 6.1.3.2 by correctly stating that the building height to the highest point of the finished flat roof surface of the two buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village site; • Amends Section 6.1.3.7 to modify the timeline for the implementation of streetscape improvements along the west side of Osceola Avenue; • Adds Section 6.1.6 [first paragraph], which clarifies the construction of the parking garage across the project phasing and provides language identifying that sufficient parking will be provided to meet parking requirements for each Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total Gina L. Clayton) User Dept.: Budget N/A Public Works N/A Funding Source: Purchasing N/A DCM /ACM Planning Current FY Cl Attachments: Resolution Risk Mgmt N/A Other OP STAFF REPORTS Other Appropriation Code: Submitted by: City Manager ❑None phase of the development; ■ Adds Section 6.1.6 [second paragraph], which provides. language stating that if a construction hiatus of more than 60 days occurs, the developer shall install and maintain landscaping improvements and limited temporary architectural fagade improvements across the northern face of the parking structure which obscures at least 75% of the view of vehicles and the interior of the parking structure from street level; and that in the event the subsequent phase does not start on schedule as per Exhibit " E ", then developer shall fully finish the fagade of the northern face of the parking structure. ■ Deletes Section 6.2.2, which referenced the consideration of a right -of -way vacation that has now already occurred; ■ Adds Section 14, which states that the previous Exhibits `B ", "C ", "D ", "D-11% "D -259, "D-39% `B ", "E-l", 44E -2 ", 64E- 3", and "H" have been replaced with new Exhibits of the same names and purposes. It is noted that Exhibit "E ", which is the Phasing Schedule had been modified to provide for a new commencement date of December 31, 2008 and a new completion date of December 31, 2016; ■ Adds Section 25, which states that in the event the City Council approves a proposed amendment to the existing ordinance (Ordinance No. 7769 -07) vacating a portion of the existing Osceola Avenue between Jones Street and Georgia Street, the Developer shall have the option of temporarily finishing Osceola Avenue to the standards specified in said ordinance amendment prior to Phase 1. Once the Developer has completed Osceola Avenue to these standards and has had the work accepted as complete by the City, the City would release Developer's Letter of Credit posted in compliance with the ordinance; and ■ Adds Section 26, which provides language pertaining to the provision of public art in compliance with the City's Public Art Ordinance and in keeping with the project phasing [It is noted that the language contained in this Section has been changed subsequent to the recommendation being made by the CDB, although the changes made were not substantive]. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of downtown redevelopment set forth in the Clearwater Downtown Redevelopment Plan. Please refer to the attached staff report (DVA2007- 00003) for the complete staff analysis. The Community Development Board reviewed this Development Agreement at its public hearing on September 18, 2007, and unanimously recommended approval. S: (Planning DepartmentlC D BIDevelopment Agreements (DVA) IDVA2007 -00003 Ft Harrison Ave N410 (D) -CC 10- 17 -07Wt Harrison Ave N410 -Development Agreement City Council Cover Memo 10- 17- 07.doc CDB Meeting Date: September 18, 2007 Case Number: DVA2007 -00003 Owner /Applicant: Triangle Old Bay Holdings Address: 410 North Fort Harrison Avenue Agenda Item: F. 1. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review, and recommendation to the City Council, of an amended Development Agreement between Triangle Old Bay Holdings, LLC, and the City of Clearwater (previously DVA 2006 -00001 approved by City Council on February 15, 2007) to modify the effective date of the agreement, and the provisions of the phasing schedule, as well as add language pertaining to a proposed site plan modification (FLD2007- 07025). CURRENT ZONING: Downtown (D) District Preservation (P) District CURRENT FUTURE LAND Central Business District (CBD) USE CATEGORY: Preservation (P) CLEARWATER Old Bay DOWNTOWN REDEVELOPMENT PLAN CHARACTER DISTRICT: PROPERTY USE: Current Use: Vacant Proposed Use: Mixed -use (358 attached dwellings at 84.43 units /acre with 13,235 square feet of non - residential floor area at 0.5 Floor Area Ratio (F.A.R.) and heights of 48 feet on the Harrison Village [east] portion of the site and 180 feet on the Island View [west] portion of the site) EXISTING North: Downtown (D) District Attached Dwellings and Vehicle SURROUNDING ZONING Sales/Display AND USES: South: Downtown (D) District Attached Dwellings and Overnight Accommodations East: Downtown (D) District Offices, Problematic Use, and Vehicle Sales/Display West: Downtown (D) District Attached Dwellings and Clearwater Harbor Community Development Board — September 18, 2007 DVA2007 -00003 — Page 1 ANALYSIS: Site Location and Existing Conditions: The 5.18 -acre subject property is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south, Georgia Street to the north and Clearwater Harbor to the west. The subject property is currently vacant and bifurcated by North Osceola Avenue, thereby splitting the property into east and west halves: Harrison Village (east) and Island View (west). Development Proposal: The development proposal includes an associated Flexible Development application (FLD2007- 07025) that relocates the majority of the parking previously approved for this development from a subterranean parking garage to an aboveground parking garage that will be located behind the townhomes fronting on the west side of Osceola Avenue. Development Agreement: The proposed Development Agreement amends the Development Agreement between Triangle Old Bay Holdings, LLC (the property owner) and the City of Clearwater (previously DVA2006 -00001 approved by the City Council on February 15, 2007) to modify the effective date of the agreement, and the provisions of the phasing schedule, as well as add language pertaining to a proposed site plan modification, and includes the following main provisions: ❑ Amends Section 6.1.3.1 to modify the number of dwelling units being constructed and pulled from the Public Amenities Incentive Pool in each of the three phases; ❑ Amends Section 6.1.3.1 to add a new paragraph stating that if the Developer sells combined units in any of the three towers, thereby reducing the unit count in the towers, the Developer would not lose entitlements to those units, but would instead be able to use those units in Harrison Village, subject to a revision to the approved Flexible Development application; ❑ Amends Section 6.1.3.2 by correctly stating that the building height to the highest point of the finished flat roof surface of the two buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village site; ❑ Amends Section 6.1.3.7 to modify the timeline for the implementation of streetscape improvements along the west side of Osceola Avenue; ❑ Adds Section 6.1.6 [first paragraph], which clarifies the construction of the parking garage across the project phasing and provides language identifying that sufficient parking will be provided to meet parking requirements for each phase of the development; ❑ Adds Section 6.1.6 [second paragraph], which provides language stating that if a construction hiatus of more than 60 days occurs, the developer shall install and maintain landscaping improvements and limited temporary architectural fagade improvements across the northern face of the parking structure which obscures at least 75% of the view of vehicles and the interior of the parking structure from street level; and that in the event the subsequent phase does not start on schedule as per Exhibit "E ", then developer shall fully finish the fagade of the northern face of the parking structure. ❑ Deletes Section 6.2.2, which referenced the consideration of a right -of -way vacation that has now already occurred; Community Development Board — September 18, 2007 DVA2007 -00003 — Page 2 ❑ Adds Section 14, which states that the previous Exhibits `B ", "C ", "D ", "D -191, "D -29, "D -35, "E ", "E -111, `B -219, "E -3", and "H" have been replaced with new Exhibits of the same names and purposes. It is noted that Exhibit `B ", which is the Phasing Schedule had been modified to provide for a new commencement date of December 31, 2008 and a new completion date of December 31,. 2016; ❑ Adds Section 25, which states that in the event the City Council approves a proposed amendment to the existing ordinance (Ordinance No. 7769 -07) vacating a portion of the existing Osceola Avenue between Jones Street and Georgia Street, the Developer shall have the option of temporarily finishing Osceola Avenue to the standards specified in said ordinance amendment prior to Phase 1. Once the Developer has completed Osceola Avenue to these standards and has had the work accepted as complete by the City, the City would release Developer's Letter of Credit posted in compliance with the ordinance; and ❑ Adds Section 26, which provides language pertaining to the provision of public art in compliance with the City's Public Art Ordinance and in keeping with the project phasing. The CDB has been provided with the most recently negotiated Development Agreement dated September 12, 2007. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 2, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 5.18 acre subject property is generally located on the west side of North Fort Harrison Avenue and bounded by Jones Street to the south, Georgia Street to the north and Clearwater Harbor to the west; 2. That the property is located within the Downtown (D) District and the Central Business District (CBD) and Preservation (P) Future Land Use Plan categories; 3. That the portion of the subject property (0.2 acres) located within the Preservation (P) Future Land Use Plan category does not generate density; and 4. That the development proposal is subject to the requirements of the Clearwater Downtown Redevelopment Plan and the Design Guidelines contained therein as the property is located within the Old Bay character district. Conclusions of Law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on -site and off -site improvements under the related site plan proposal (FLD2007- 07025); 2. That the Development Agreement complies with the standards and criteria of Section 4 -606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; and 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of the Clearwater Downtown Redevelopment Plan and the Old Bay character district. Community Development Board — September 18, 2007 DVA2007 -00003 — Page 3 Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of an amended Development Agreement between Triangle Old Bay Holdings, LLC (the property owner) and the City of Clearwater (previously DVA2006 -00001 approved by City Council on February 15, 2007) for the site at 410 North Fort Harrison Avenue. Prepared by Planning Department Staff: WE \ Robert G. Tefft, Plaiiner III ATTACHMENTS: ❑ Development Agreement with Exhibits S: (Planning DepartmentlC D BlDevelopment Agreements (DVA)IDVA2007 -00003 Ft Harrison Ave N410 (D) -Pending CDB 09- 18 -07n Harrison Ave N410 -Development Agreement Staff Report 09- 18 -07. doc Community Development Board — September 18, 2007 DVA2007 -00003 — Page 4 Robert G. Tefft 100 South Myrtle Avenue Clearwater, Florida 33756 (727) 562 -4539 robert.tefft(&myclearwater.com PROFESSIONAL EXPERIENCE • Planner III City of Clearwater, Clearwater, Florida June 2005 to Present Duties include performing technical review of and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. • Planner II City of Clearwater, Clearwater, Florida May 2005 to June 2005 Duties include performing technical review of and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. • Senior Planner City of Delray Beach, Delray Beach, Florida October 2003 to May 2005 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional uses, rezonings, land use amendments, and text amendments. Organized data and its display in order to track information and provide status reports. Make presentations to various City Boards. • Planner City of Delray Beach, Delray Beach, Florida March 2001 to October 2003 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional use and text amendments. Organization of data and its display in order to track information and provide status reports. Provided in -depth training to the Assistant Planner position with respect to essential job functions and continuous guidance. Assistant Planner City of Delray Beach, Delray Beach, Florida October 1999 to March 2001 Performed technical review of and prepared staff reports for site plan development applications. Performed reviews of building permit applications. Provided information on land use applications, ordinances, land development regulations, codes, and related planning programs /services to other professionals and the public. EDUCATION • Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999 LICENSES & CERTIFICATES • American Planning Association Community Development Board — September 18, 2007 DVA2007 -00003 — Page 5 AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT ( "AMENDMENT ") amends the DEVELOPMENT AGREEMENT ( "AGREEMENT ") dated February 21, 2007, effective as provided in Section 5 of the AGREEMENT, and entered into between TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company ( "DEVELOPER ") and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ( "COUNCIL "), the governing body thereof ( "CITY "). The following changes are made to the Development agreement: jAmend Recital D.- D. DEVELOPER desires to develop the Property as a mixed residential /retail development, consisting of not more than 358 residential units and 13,235 square feet of retail, with associated parking, generally conforming to that development approved by the CDB on September 18, 2007 in Case No. FLD2007- 07025. (AMEND SECTION 5.1) 5.1 This AMENDMENT shall be effective as provided for by the ACT and upon final approval of this agreement by the Clearwater City Council. (AMEND SECTION 6.1.3.1 6.1.3.1 The PROPERTY shall be developed in conformance with that development approved by the CDB on September 18, 2007 in Case No. FLD2007- 07025. The population density and maximum building intensity are shown in that approved development application. Specifically, the Property shall be developed in 3 phases. Phase 1 will commit the entire 5.18 acres, which at 50 units per acre (and 4.98 countable acres) has 249 units permitted. 116 units (114 in Antilles Tower + 2 Cityhomes) will be built in Phase 1, drawing 13 units from the Public Amenities Incentive Pool. 109 units (108 in Bahamas Tower + 1 Cityhome) will be built in Phase 2, drawing 1 unit from the Public Amenities Incentive Pool (for extra height). Phase 3 will have a 18 -story Caymans Tower with 108 units, 3 Cityhomes plus Harrison Village with 22 units & 13,235 sf of retail space built on the east side of Osceola Ave, for a total in Phase 3 of 133 units, drawing 95 additional units and 13,235 square feet from the Public Amenities Incentive Pool, for a total of 109 units and 13,235 square feet of non - residential floor area from the Public Amenities Incentive Pool over the entire project. In the event Developer sells combined units in any of the 3 towers, thereby reducing the unit count in the Towers, Developer shall not lose the entitlements to these units, but will be able to use these units instead in Harrison Village (subject to the approval of FLD2007- 07025), thereby retaining the same total 358 units for the entire project. However, in the event that upon the completion of Harrison Village any of the 358 units are not built, these units shall be returned to the Public Amenities Incentive Pool. (AMEND SECTION 6.1.3.2) 6.1.3.2 Building height to the highest point of the finished flat roof surface of the 3 Island View condominium towers shall not exceed 180 feet above the mean site elevation. Building height to the highest point of the finished flat roof surface of the two (2) buildings comprising Harrison Village shall not exceed 48 feet above the mean site elevation for the Harrison Village Site. (AMEND SECTION 6.1.3.0 6.1.3.5 The parties acknowledge that it is conceivable that the Project will not proceed to full completion of all phases. Accordingly, DEVELOPER agrees that the 2.0 acre parcel of land described in Exhibit "H" (the "Exhibit "H" Property ") hereto shall be dedicated to support the entitlements which comprise Phase 1, and shall remain encumbered by the provisions of this Development Agreement notwithstanding the amendment of the site plan for the balance of the Property. The deed restriction required by Paragraph 6.1.4 shall include said dedication and encumbrance. In the event Phases 2 and '3 are not developed, the "Exhibit "H" Property" shall be limited to the 116 units allowed in Phase 1, and the "Exhibit "H" Property" shall be encumbered by this restriction immediately upon the issuance of a building permit for Phase 1. (AMEND SECTION 6.1.3.7 6.1.3.7 No certificate of occupancy shall be issued for each phase until the streetscaping for that phase has been substantially completed, as set forth in Exhibits "E ", "E-1", "E -2" and "E -3" attached hereto and incorporated herein. Specifically this includes: Phase 1.: Landscaping and hardscaping of: a) South third of the west side of Osceola Ave b) East side of Fort Harrison Ave between Jones Street and Georgia Street. Phase 2: Landscaping and hardscaping of: a) North side of Georgia Street b) Intersection of Jones St and Ft Harrison Ave c) Center third of the west side of Osceola Ave Phase 3: Landscaping and hardscaping of: a) West side of Ft. Harrison Ave. between Georgia and Jones 2 b) East side of Osceola Ave, south side of Georgia St. and north side of Jones Street, and Osceola crosswalks and midblock pedestrian plaza in Harrison Village; all as shown on Exhibit "D ". c) North third of the west side of Osceola Ave d) Base of Georgia Street upgraded with landscaping and hardscaping. e) Intersection of Georgia St. and Ft Harrison Ave The parties agree that the obligation of DEVELOPER to construct the phase improvements described above is contingent upon Developer proceeding to construct each respective phase of the Project., (Add Section 6.1.6) 6.1.6 During construction of Phase 1 the first (southern) third of the parking structure will be built. The center third of the parking structure will be built in Phase 2, and the last (northern) third of the parking structure will be built in Phase 3. In each of Phases 1 and 2 the northern face of the parking structure will have a temporary finish which remains until the next third of the parking structure is built. In each phase, the part of the parking structure being built will contain enough parking spaces to meet the parking requirements for that phase. In the event that a construction hiatus (defined as being a time gap between the date the Certificate of Occupancy is issued for the shell of the principal structure for each Phase and the date construction commences on the subsequent Phase) of more than 60 days occurs, DEVELOPER shall install and maintain landscaping improvements and limited temporary architectural fagade improvements across the northern face of the parking structure which obscures at least 75% of the view of vehicles and the interior of the parking structure from street level. In the event that the subsequent phase does not start on schedule as per Exhibit "E ", then DEVELOPER shall fullly finish the fagade of the northern face of the parking structure. (AMEND SECTION 6.2.1,E 6.2.1 CITY will issue such building permits for the Property as are consistent with the Comprehensive Plan and that development approved by the CDB on September 18, 2007 in Case No. FLD2007 -07025 and that meet the requirements of the CODE and that go through any applicable approval process. LDELETE SECTION 6.2.2) (ADD SECTION 14) SECTION 14. Exhibits B, C, D, D -1, D -2, D -3, E, E -1, E -2, E -3 and H attached replace the previous exhibits so numbered in the Development Agreement. (ADD SECTION 25� SECTION 25. In the event the City Council approves a proposed amendment to the existing ordinance (Ordinance No. 769 -07) vacating a portion of the existing Osceola Ave between Jones Street and Georgia Street, Developer shall have the option of temporarily finishing Osceola Ave to the standards specified in said ordinance amendment prior to Phase 1. Once Developer has completed Osceola Ave to these standards and has had the work accepted as complete by the City, City will release Developer's Letter of Credit posted in compliance with the ordinance. This section does in no way alter section 6.1.3.7, which specifies the landscaping and hardscaping requirements for the completion of each phase. (ADD SECTION 26) SECTION 26. In accordance with the Clearwater Community Development Code Article 3, Section 2405 ("PUBLIC ART ORDINANCE "), DEVELOPER and CITY agree that the development encompassed by AGREEMENT is subject to one overall Public Art contribution of $200,000.. It is furthermore agreed that DEVELOPER will, prior to getting a Certificate of Occupancy on Phase 1, either a) post a Letter of Credit to CITY, in a form acceptable to the city attorney and drawn on a Florida bank, for $200,000, which CITY can draw upon as Public Art contribution if DEVELOPER fails to provide public art as per the above section of the CCD Code by the end of Phase 3, as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of AGREEMENT, or b) commission public art as per PUBLIC ART ORDINANCE procedure, to the value of $200,000, with copy of the commission contract to the City, and with said contract specifying that the contract is valid for public art to be completed by the end of phase 3, as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of the agreement, or for public art for phases 1 and /or 2 in the event the subsequent phase is not started on time as defined in sections 6.1.3.4 and 11.2, and Exhibit "E" of the agreement [End of Substantive Provisions, Signature Page to follow.] 4 WITNESSES: Printed Name: Printed Name: Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall -Sides Assistant City Attorney 5 TRIANGLE OLD BAY HOLDINGS, LLC, a Florida limited liability company In Its: Managing Member CITY OF CLEARWATER, FLORIDA 0 William B. Horne II Attest: Cynthia E. Goudeau City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this , 2007, by , as managing member of Triangle Old Bay Holdings, LLC, a Florida limited liability company, on behalf of the company, who ❑ is personally known to me or who ❑ produced as identification. Notary Public Print Name: STATE OF FLORIDA ) CITY OF PINELLAS ) The foregoing instrument was acknowledged before me this , 2007, by Frank V. Hibbard, as Mayor of the City of Clearwater, Florida, who ❑ is personally known to me or who ❑ produced identification. Notary Public Print Name: STATE OF FLORIDA ) CITY OF PINELLAS ) The foregoing instrument was acknowledged before me this , 2007, by William B. Horne II, City Manager of the City of Clearwater, Florida, who ❑ is personally known to me or who ❑ produced identification. Notary Public Print Name: Ci Amended Exhibits: "B ": Concept Plan "C ": Renderings attached "D" Phasing Plan "D -1" Phasing Plan — Phase 1 "D -2" Phasing Plan — Phase 2 "D -3" Phasing Plan — Phase 3 "E ": Phasing Schedule "E -1" Phase 1 Streetscaping "E -2" Phase 2 Streetscaping "E -3" Phase 3 Streetscaping "H" Phase 1 Dedicated Land 08/08/07 09:43 AM 45403.108701 #378904 v1 - Triangle /Development Agreement 7 • • I' . M�x Tower I 0 ol Plaza P Parking Tower 2 Tower 3 Harrison Village 1, North 1:3 ort Harriscwi Avenue 0, bibit B C-D 9x� '� 00 U. tt Plan p 0 C- =3 z 0 z I rx z L) rn � x � � y rim X CD CL r f 0 IG11p- REC:-NTL* .��U .1107 P -AP NINE DEV RTMENT IT" OF CLE-rpyyATER EXHIBIT Phasing r-- 0 0 c"c �e s 00 mW E O" g aq z o v,a o.; 3a a a -L3 i �0 0 m �aa� Tower 1 l Garage Entrance Parking Pool Plaza Harrison Village ' South 3 Exhibit D 1 P N' ase i Phi Tower 3 stop C M v "s� E ., �_. Harrison Village t f a..�.'........... a' North 7 Y � � Tower 1 l Garage Entrance Parking Pool Plaza Harrison Village ' South 3 Exhibit D 1 P N' ase i Phi Tower 3 r-. W W C V Q C� c � La. U ' 1U LU ? O � Sv stop v "s� ., �_. Harrison Village t f a..�.'........... a' North Y � � in Plan 9 a r-. W W C V Q C� c � La. U ' 1U LU ? O � Sv j« r-I LL, z 0 \§ F ° W LL' `M� C.' J W Uqq Lu Q � �I �� V ®a 90 s8 CL Exhibit E PHASING SCHEDULE 11"I'M2Jt/310 d0 ,Ujo 1N3W121M 9NINNV7d 1001 03/U303a TMIsi?10 Phase Commencement/ Res. Units Retail Space Parking STREETSCAPE OTHER Completion Dates Permitted + Pool Permitted + Pool Spaces E( ST. COST* AND DESCRIPTION) (EST. COST* AND DESCRIPTION Pre -Con- 7/07 0 0 0 struction 12/31/087— 1030+136 0 174 $600,000 — landscaping and hardscaping of: Osceola Ave 12/31/1489 a) South third of the Wwest side of Osceola Ave widened, moved and b) East side of Fort Harrison Ave between Jones utilities upgraded at a Street and Georgia Street. cost of about $1 See Exhibit E -1 million. 2 12/31/119— 108+1 0 162 $600,000 — landscaping and hardscaping of: 12/31/132 a) North side of Georgia Street b) Intersection of Jones St and Ft Harrison Ave c) Center third of the west side of Osceola Ave See Exhibit E -2 3 12/31/143— 3844+952 0+13,235 22404 $1,800,000 — landscaping and hardscaping of: 12/31/165 (Shared -,a) West side of Ft. Harrison Ave. between Georgia parking and Jones formula b) East side of Osceola Ave, south side of Georgia applied) St. and north side of Jones Street, and Osceola crosswalks and midblock pedestrian plaza in Harrison Village; all as shown on Exhibit "D ". c) North third of the west side of Osceola Ave std Base of Georgia Street upgraded with landscaping and hardscaping. ✓de Intersection of Georgia St. and Ft Harrison Ave See Exhibit E-3 TOTAL 249 +109 0+ 13,235 560548 $3,000,000 $1,000,000 * "Est. Cost" = Developer's estimate for the described work which may in the end (when the work is finally put out for contract and completed) turn out to be more or less than the estimate.. 08/09/07 12:12 PM #378917 v1 - Triangle /Phasing Table Tower I 7' r..q. Tower 2 Parking 0 Tower 3 Parking z ly. C=) C"i LU LLJ o CYam_; Luuj LL. z0 ?-) S CL Tower I 7' r..q. Tower 2 Parking 0 Tower 3 Parking i- zIx Iv W W Q _ C%1 co w � LU Dix Z }O} U Ea C.= uj ~ Q a CID rx U LU 0 Ix z y0y Z F SU a EXHIBI Dedicatf MASTER SITE PLAN - ACREAGE Lw�e WFM MUM �'. 1p". � m { a mm mm m^ E v� o W a � W 00 3 ■ o ; 3a 9n L 9 w m tl �L 0 7 mcamm O Him " 302 -308 N OSCEOLA PROPERTIES L 305 N FT HARRISON AVE CLEARWATER FL 33755 - ANDRUS, BRIAN L ANDRUS, DONNA 500 N OSCEOLA AVE PH -E CLEARWATER FL 33755 - 3933 BARTELL, JAMES H BARTELL, EDITH P 500 N OSCEOLA AVE # 310 CLEARWATER FL 33755 - 3936 DV . 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