14-02RESOLUTION NO. 14 -02
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
APPROVING A SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND RS
CLEARWATER, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, AS SUCCESSOR OWNER TO NICKEL PLATE
PROPERTIES, INC., A FLORIDA CORPORATION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on March 25, 2010, the City of Clearwater, Nickel Plate Properties, Inc., a
Florida Corporation, and Lakeside Enterprises, LLC, a Florida limited liability company, entered
into that certain Development Agreement recorded in Official Record Book 16874, Page 2344,
in the Public Records of Pinellas County, Florida; and
WHEREAS, on November 23, 2011, the same parties subsequently entered into that
certain First Amendment to the Development Agreement recorded in Official Record Book
17415, Page 2309; 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 RS Clearwater, LLC; and
WHEREAS, the City of Clearwater is now desirous of entering into a second amendment
to the development agreement with RS Clearwater, LLC. as successor owner to Nickel Plate
Properties, Inc.; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section1. The Second Amendment to Development Agreement between the City of
Clearwater and RS Clearwater, LLC as successor owner to Nickel Plate Properties, Inc., a copy
of which is attached as Exhibit "A," is hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the Development
Agreement to the state land planning agency no later than fourteen (14) days after the Second
Amendment to Development Agreement is recorded.
PASSED AND ADOPTED this 20'" day of February, 2014.
• Ctel3 (VAC(' C •05
George N. Cretekos
Mayor
Resolution No. 14 -02
Approved as to form: Attest:
Leslie K. Dougall
Assistant City Att
C4L O( ` Q
Rosemarie CaII
City Clerk
2 Resolution No. 14 -02
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ( "Second
Amendment ") is dated 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 I Plan "), conditioned upon the approval and
execution of the Development Agreement by the City Council; and
51472330
WHEREAS, the Developer desires to amend certain provisions in the
Development Agreement as stated herein, consistent with a request to modify the
Amended Parcel 1 Plan;
WHEREAS, the CDB approved the amendment to the Amended Parcel 1 Plan at
a duly called and advertised meeting on , and the City Council approved this
Second Amendment at a duly called and advertised meeting on and
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 M
B
AidialgOr
onathan A. Le
Manager
y
ager
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
George N. Cretekos, Mayor
p roved as to
Leslie K. Doug
Assistant City A
F
3
A
ides
ey
STATE OF FLORIDA
COUNTY OF�4N-E-L-L-kS i il,, t, rink
The foregoing instrument was acknowledged before me this day of Pa()iri --`
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 V personally known to
me or has produced as • entificat . n.
Nora Publ c
Pri Name
Exhibit B Second Amended Parcel 1 Plan
4
MARY K KOLESAR
Notary Public - State of ftorida
My Comm Expires Jun 28, 2014
Commiss '.n 0 DD 975764
EXHIBIT B
Second Amended Parcel 1 Plan
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