SECOND AMENDMENT TO DEVELOPMENT AGREEMENTSECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second
Amendment ") is dated pi,. '4 , 2014, and entered into among RS CLEARWATER LLC, a
Florida limited liability company, as successor in interest to NICKEL PLATE PROPERTIES,
INC., a Florida corporation ( "Developer "), and the CITY OF CLEARWATER, FLORIDA, a
political subdivision of the State of Florida acting through its City Council, the governing body
thereof ( "City ").
RECITALS:
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida
Local Government Development Agreement Act ( "Act "), authorize the City to enter into binding
development agreements with persons having a legal or equitable interest in real property located
within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4 -606 of
the City of Clearwater Community Development Code ( "Code "), establishing procedures and
requirements to consider and enter into development agreements; and
WHEREAS, on March 25, 2010, the Nickel Plate Properties, Inc., and Lakeside
Enterprises, LLC, a Florida limited liability company, and the City entered into that certain
Development Agreement recorded in Official Record Book 16874, Page 2344, in the Public
Records of Pinellas County, Florida, and that First Amendment to the Development Agreement
recorded in Official Record Book 17415, Page 2309 on November 23, 2011 (collectively,
"Development Agreement ") which Development Agreement is hereby incorporated by
reference; and
WHEREAS, Lakeside Enterprises has subsequently transferred its interest to a third party
who is unaffected by this Second Amendment; and
WHEREAS, Nickel Plate Properties, Inc., has transferred in its interest in the Property
subject to this Second Amendment to Developer; and
WHEREAS, the City previously granted a rezoning of the Parcel 1 property (as defined
in the Development Agreement) to Commercial ( "C ") and a land use plan amendment to
Residential Office Retail ( "ROR "); and
WHEREAS, the Community Development Board ( "CDB ") approved the Parcel 1 Plan as
FLD2009 -12046 on February 16, 2010 and the Amended Parcel 1 Plan (Case No. FLD2011-
04018) on July 19, 2011 (the "Amended Parcel 1 Plan "), conditioned upon the approval and
execution of the Development Agreement by the City Council; and
5147233v1
WHEREAS, the Developer desires to amend certain provisions in the
Development Agreement as stated herein, consistent with a request to modify the
Amended Parcel l Plan;
WHEREAS, the CDB approved the amendment to the Amended Parcel 1 Plan at
a duly called and advertised meeting on,b,,,,.J aotyand the City Council approved this
Second Amendment at a duly called and advertised meeting on Fclor aoittand
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, Developer has approved this Second Amendment and has authorized
certain individuals to execute this Second Amendment on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Amendment of Parcel 1 Plan. The City Council hereby approves the
amendment to the Parcel Plan 1 to reflect the Second Amended Parcel 1 Plan attached
hereto as Exhibit `B" and incorporated herein by reference. All references in the
Development Agreement to the Parcel 1 Plan shall be amended to refer to the Second
Amended Parcel 1 Plan.
SECTION 4. Section 4.1 of the Development Agreement shall be amended to read:
"4.1 The Project shall consist of no more than 90,000 square feet of retail,
restaurant, and vehicle service (major) development on Parcel 1 as generally depicted on
the Parcel 1 Plan and no more than 243 multi - family residential units on Parcel 2 as
generally depicted on the Parcel 2 Plan."
SECTION 5. Section 4.2 of the Development Agreement shall be amended to read:
"4.2 Section 4.2 of the Development Agreement is hereby amended to include
on Parcel 1 to: 1.5 parking spaces per 1,000 square feet for vehicle service (major)
(1.5/1,000), 5 parking spaces per 1,000 square feet for retail development (5 /1,000), 5
spaces per 1,000 square feet for automobile service station development (5 /1,000) and 12
parking spaces per 1,000 square feet for restaurant development (12/1,000). Nothing in
2
this Agreement shall prevent the parties from agreeing to "cross- parking" among the
outparcels.
SECTION 6. Ratification. Except as specifically modified herein, all terms,
conditions and obligations contained in the Development Agreement shall retain in full
force and effect and are reaffirmed by the parties hereto.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
WITNESSES:
Printed Name:
Printed Name:
R S Clearwater LLC
By Red Cap Clearwater LLC, its
By JL :. unshine, LLC, its Ma
ager
Bv:
onathan A. Le
Manager
y
CITY OF CLEARWATER, FLORIDA
By: l!10&44,ti �' �(� J
William B. Home II, City Manager
Attest:
Rosemarie Ca11, City
Countersigned: __
Gltor�CR (Ilk(
George N. Cretekos, Mayor
oved as to F
Leslie K. Doug ides
Assistant City A ey
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STATE OF FLORIDA Y� gg i�
COUNTY OF HN'• AS kAkU n CY )V`
The foregoing instrument was acknowledged before me this J day off l'jiru
2014, by RS Clearwater LLC, by Red Cap Clearwater LLC, it anager, By JLB
Sunshine, its Manager by Jonathan A. Levy its Manager. He is personally known to
me or has produced as i entificat . n.
No . Publ' c
Pri Name
Exhibit B Second Amended Parcel 1 Plan
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