FIRST AMENDMENT TO DEVELOPMENT AGREEMENTRetum to:
City Attomey's Office
City of Clearwater
112 S. Osceola Ave.
Clearwater, FL 33756
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2015018151 01/22/2015 at 01:08 PM
OFF REC BK: 18654 PG: 445 .457
DocType:AGM RECORDING: $112.00
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT to DEVELOPMENT AGREEMENT ( "First
Amendment ") is dated the •2.1 day of 4Q.{i 201 5 and entered into between
LASALLE REALTY, LLC, a Florida limited liability &ompany ( "Owner "), its successors
and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State
of Florida acting though its City Council, the governing body thereof ( "City ").
Recitals:
A. Owner and City entered into that certain Development Agreement dated February 24,
2005 and recorded at Official Records Book 14168, Page 712 in the public records of
Pinellas County ( "Agreement ") with respect to the Property as defined therein.
B. Owner owns an additional 2.08 acres of real property ( "Additional Property ") located
in unincorporated Pinellas County, Florida, more particularly described on Exhibit
"A -1" attached hereto and incorporated herein, which is adjacent to the Property.
C. Owner or its successor, desire to develop and use only Lots 10 through 14, inclusive
of the adjacent vacated right of way ( "Specified Portion ") of the Additional Property
for non - residential parking serving the Owner's adjacent automobile dealership,
located in the City limits at 25191 U.S. Highway 19 North, Clearwater, Florida,
which development shall generally conform to the concept plan ( "Amended Concept
Plan ") shown on Exhibit "B -1" attached hereto and incorporated herein.
D. The Additional Property currently has a future land use designation of Residential
Suburban (RS) and is zoned Rural Residential (RR) in Pinellas County and Open
Space /Recreation (OS /R) for the vacated right of way currently incorporated into the
City of Clearwater.
E. In order to use the Specified Portion as non - residential parking, Owner has requested
that the City (i) annex the unincorporated Additional Property, (ii) rezone the
Additional Property LMDR and MDR, as shown on Exhibit C -1 attached hereto and
made part hereof; (iii) place a future land use designation of Residential Low (5.0
units /acre) and Residential Low Medium (10 units /acre) on the Additional Property,
as shown on Exhibit D -1, attached hereto and made part hereof; and (iv) approve a
Flexible Development Application to allow non - residential off - street parking on the
Specified Portion in substantial conformance with the Amended Concept Plan shown
in Exhibit "B-1".
F. The City and Owner have determined that it would be mutually beneficial to enter
into this First Amendment to include the restrictions of the Agreement on the
Additional Property governing the matters set forth herein.
G. The City has found that the terms of, and further development orders associated with,
this First Amendment is consistent with the City Comprehensive Plan and the Code.
NOW THEREFORE, 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 sections 163.3220 - 163.3243, Florida Statutes,
which set forth the Florida Local Government Development Agreement Act (the "Act "),
agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
First Amendment.
SECTION 2. Effective Date. This First Amendment shall become effective as
provided for by the Act and shall be contingent upon obtaining final approval, and
effectiveness of annexation of the Additional Property into the City with a future land use
designation of Residential Low and Residential Low Medium as shown on Exhibit D -1
and a zoning designation of Low Medium Density Residential and Medium Density
Residential as shown on Exhibit C -1 and Flexible Development Approval to allow non-
residential off - street parking as requested on the Specified Portion, consistent with the
Amended Concept Plan.
SECTION 3. Duration of Agreement. The Agreement, as amended by this First
Amendment, shall continue in effect until terminated as provided for in the Agreement,
for a period of ten (10) years from the date this First Amendment is effective.
SECTION 4. Obligations of the Owner. Sections 6.1.3 and 6.1.4 shall be deleted
in their entirety and replaced with:
6.1.3 Development Restrictions The following restrictions shall apply to
development of the Property and Additional Property:
6.1.3.1 The Property and Specified Portion shall be used solely for
non - residential off - street parking.
6.1.3.2 The remaining Additional Property shall be developed
substantially in conformance with the Amended Concept Plan. The remaining
Additional Property shall only be utilized in a manner consistent with the Medium
Density Residential (MDR) zoning designation.
6.1.3.3 The Owner may develop the Additional Property consistent
with minimum standard or flexible standard development for an MDR district, as
detailed in the Community Development Code without an amendment to this
Agreement.
6.1.3.4 Owner shall maintain 25' landscape buffers around the
perimeter of the Property in the areas as shown on the Concept Plan and Amended
Concept Plan and a minimum 10' landscape buffer around the Specified Portion,
as shown on the Amended Concept Plan.
6.1.3.5 The use of loudspeakers or amplified sound on the Property
and Additional Property shall be prohibited.
6.1.3.6 Parking of vehicles associated with the service department
on the Property and Additional Property shall be prohibited.
6.1.3.7 Lighting on the Property and Specified Portion shall be
designed and directed in such a manner that light does not intrude beyond the
Property and Specified Property.
6.1.4 Recording of Deed Process Prior to issuance of the first building
permit for the Property and Additional Property, Owner shall record a deed
restriction encumbering the Property and Additional Property, which deed
restriction shall be approved as to form by the City Attorney (which approval
shall not be unreasonably withheld) and which will generally describe the
development limitations of this Agreement and any amendments. The deed
restriction shall be perpetual and may be amended or terminated only with the
consent of the City, which consent shall not be unreasonably withheld.
SECTION 5. Effective Date /Duration.
5.1 This First Amendment shall be effective upon the approval by the Clearwater
City Council.
5.2 This First Amendment shall extend the Duration of the Agreement for an
additional ten (10) years from the previously approved duration so that the term of the
Agreement, as amended, shall be twenty (20) years.
5.2 The annexation, future land use and zoning designations, and flexible
development approval for off - street parking, as provided for herein (collectively,
"Required Approvals "), shall not be effective until final adoption hearings and time
periods of appeal, as consistent with Florida law. In the event the Required Approvals
are not granted, the Agreement, as amendment, may be terminated by either party, after a
public hearing.
SECTION 6. Ratification. Except as specifically modified herein, all terms,
conditions and obligations contained in the Development Agreement shall remain in full
force and effect and are reaffirmed by the parties hereto. All obligations of the City and
Owner included in the Agreement shall be modified to apply to the Additional Property,
except the Rezoning and Future Land Use designations shall be consistent with those in
this First Amendment, Recital E.
SECTION 7. Counterparts. This First Amendment may be executed in
counterparts, all of which together shall continue one and the same instrument.
IN WITNESS WHEREOF, the parties have hereto executed this First
Amendment to be executed the date and year first above written.
In the Presence of:
WITNESSES:
Cius a l
Print Name:
Print Name:
Print Name:
As to "City"
LASALLE REALTY, LLC, a Florida
limited lia.' ity coma
By:
Richard R. Dimmitt
Its: Manager
CITY OF CLEARWATER, FLORIDA
By:
Attest:
William B. Horne II,
City Manager
Rosemarie Call, City Clerk
Countersigned:
— C(P.Orte C 147
George N. Cretekos, Mayor
App •ved .
r,, /1
Camilo Soto
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me the /3 day of Ja4
20 /5-, by Richard R. Dimmitt, as Manager of LASALLE REALTY, LLC, a Florida
limited liability company, on behalf of the company. He is [,personally known to me
or has [ ] produced as identification.
a.4" ,� MARIE E. HURLEY
Notary Public • State of Florida
My Comm. Expires Sep 27, 2018
Commission #► FF 151290
Bonded Through Moat Na ay Amen.
STATE OF FLORIDA
COUNTY OF PINELLAS
Notary Public
Print Name:
My Commission Expires:
The foregoing instrument was acknowledged before me the day of
20, by George Cretekos as Mayor of the City of Clearwater, Florida. He is
personally known to me or has [ ] produced
identification.
Notary Public
Print Name:
My Commission Expires:
[]
as
EXHIBIT "A -1"
LEGAL DESCRIPTION
Lots 10 through 23, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON
THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146,
together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of
way, vacated per O.R. Book 8041, Pages 65 -70) lying south of and adjacent to Lots 10
through 15, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON THE
LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of
the Public Records of Pinellas County, Florida.
EXHIBIT `B -1"
Amended Concept Plan
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DIMMITT PARKING EXPANSION
DEVELOPERS AGREEMENT EXHIBIT
11 /s!
REVISED PER DK CONEXTS
14- 025
B1
EXHIBIT "C -1"
Proposed Zoning of Additional Property
Rezoning to LMDR
Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON
THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146,
together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of
way, vacated per O.R. Book 8041, Pages 65 -70) lying south of and adjacent to Lots 10
through 14, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON THE
LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of
the Public Records of Pinellas County, Florida.
Rezoning to MDR
Lots 15 through 23, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON
THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146,
together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of
way, vacated per O.R. Book 8041, Pages 65 -70) lying south of and adjacent to Lot 15,
Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON THE LAKE, according to the
map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of
Pinellas County, Florida.
Exhibit C -1
ZONING
EXISTING: RR (COUNTY) & OS /R (CITY)
PROPOSED: MDR (CITY)
1.27 ACRES
F O U R T H A V E N U E S O U T H
45.00'(P) I 45.00'(P)
23
0
50.00'(P) I / 50.00'(P)
22 I 21 I 20
CHAUTIAUQUA ON TI- E LAKE
UIIIIT NO. 3 - SE A
PLAT BOOK 9, PAGE 46
BLOCK 35
235.00'(P)
a.
45.00'(P)
10
45.00'(P)
11
50.00'(P)
12
50.00'(P) 45.00'(P)
a
13 14
N
50.00'(P) 45.00'(P)
a
VACATED RIGHT OF WAY PER ORDINANCE No. 5266 -92
O.R. BOOK 6041, PAGES 65 -70
F,.. TO EA T "+ ' RYA
0
a
114.64'(P)
18
117.96'(P)
17
120.96'(P)
16
0
0
t0
v
0
127.06'(P)
15
NORTH RIGHT OF MAY LINE� 146.59'(P)
0
rn
0
cri
F I F T H A V E N U E SOU T H
ZONING
EXISTING: RR (COUNTY) & OS /R (CITY)
PROPOSED:
0.81 ACRES
LMDR (CITY)
0
30 60 120
DIMMITT PARKING EXPANSION — ZONING EXHIBIT
Gulf Coast Consulting, Inc.
Land Development Consulting
DATE:
7/2014
DRAWN BY:
MKC
PROJECT NO:
14 -025
FIGURE:
EXHIBIT "D -1"
Proposed Land Use of Additional Property
Comprehensive Plan Amendment to RL
Lots 10 through 14, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON
THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146,
together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of
way, vacated per O.R. Book 8041, Pages 65 -70) lying south of and adjacent to Lots 10
through 14, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON THE
LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146, all of
the Public Records of Pinellas County, Florida.
Comprehensive Plan Amendment to RLM
Lots 15 through 23, inclusive, Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON
THE LAKE, according to the map or plat thereof as recorded in Plat Book 9, Page 146,
together with that portion of the North 30 feet of Fifth Avenue South (60 foot right of
way, vacated per O.R. Book 8041, Pages 65 -70) lying south of and adjacent to Lot 15,
Block 35, Unit #3, Section "A ", of CHAUTAUQUA ON THE LAKE, according to the
map or plat thereof as recorded in Plat Book 9, Page 146, all of the Public Records of
Pinellas County, Florida.
5539247v4
4
N
2
Exhibit "D -1"
F O U R T H A V E N U E S O U T H
FUTURE LAND USE
EXISTING: RS
PROPOSED: RLM
1.27 ACRES
24
9
45.00'(P) 45.00'(P) 50.00'(P) i 50.00'(P) I 45.00'(P)
23 22 21 20 19
CHAUTIAUQUA ON TIDE LAKE
UFJIT NO. 3 - SE A
PLAT BOOK 9, PAGE 46
BLOCK 35 I
1235.00'(P)
N
a
45.00'(P) 45.00'(P) 50.00(P) 50.00'(P) ( 45.00'(P)
10 I 11 12 13 14 0
i o
45.00'(P) L_ 45.00'(P) 50.00' 50.00'(P) 45.00'(P)
VACATED RIGHT OF WAY PER ORDINANCE No. 5266 -92
O.R. BOOK 8041, PAGES 65 -70
SUB I
0
a
114.64'(P)
18
117.96'(P)
17
120.96'(P)
16
0
0
10
Cr)
0
rn
0
127.06'(P)
15
NORTH RIGHT OF WAY UNE----N, 146.59'(P)
0
235.00'(P)
F I F T H A V E N U E S O U T H
FUTURE LAND USE
EXISTING: RS
PROPOSED: RL
0.81 ACRES
0
30 60 120
DIMMITT PARKING EXPANSION — FUTURE LAND USE EXHIBIT
PROJECT NO:
14 -025
Gulf Coast Consulting, Inc.
Land Development Consulting
DATE:
6/2014
DRAWN BY:
MKC
FIGURE: