96-45�
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A RESOLUTIOfd OF THE CITY OF
CLEARWATER, FLORIDA, APPROVIfVG THE
ATTACHED DEVELOPMENT AGREEIVIENI"
BETWEEN THE CITY OF CLEARWATER AND
JAMES A. VOGEL A�[D HAZEL E. VOGEL;
PF20VIDING AN EFFECTIVE DATE.
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11SVVHEREAS, the City of Clearwaier is desirous of entering into a
developrrsent agreement with Jame� A. Vogel and Hazel E. Vogel; now,
therefor�,
BE IT F2ESOLVED �Y THE CITY COINMiSSION OF
T�IE CiTY OF CL�RVVATER, FLOFtIDA:
Section 1. The Development Agreement befin►een the City of
Gf�arwafer and James A. Vogei and Hazel E. Vogel, a copy of which is aftached
as Exhibit A, is hereby approved.
�r�� This resolution shall take effect immediately upon adoption.
PASS�D AfVQ ADOPTED this lstn day of Ju1y , 1996.
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Rita Garvey, PVlayor-Commis ' ner
Approved as to form Attest:
and legai sufficiency:
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Leslie K. Dougall Si es Cy ia E. Goudeau
Assistant City Attorney City Clerk
Resolution No.96-45
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THIS AGREEMENT is ent�red into ttus day of ,1996,
lsetween the CITY OF CLEARWATER, FLORIDA, a municipal corpora4ion organized
and existing under the laws of the State oi Florida ("City"), P.O. Box 4748, Clearwater,
Florida 34618-4748, and JAMES A. VOGEL and HAZEL E. VOGEL ("Developers'�,
2753 State Road 580, Clearwater, Florida 34621.
RECITALS:
A. Developers are the fee simple owners of 8.37 acres of land situated within
unincorporated Pinellas County and located south of Enterprise Road and east of a
prog�ased I,andmark Drive extension. The entire traci is described as two separate
parcels, as mor� particvlazly described in Pazagraph 2. herein and in Exhibits "A" and
"B", at�tached hereto and incorporated herein by reference ( collectively referred to as "ihe
Propea�.y"). Tlbe par�el to be developed a� residentiaf ("Traei B") is described in Exhibit
"A" snd the parcel to be developed for office use ("Tract A") is described in Exhibit "B";
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�. I7evelopers desire to develop both pazcels in a scheme more particularly
described in I'aragraph 2. herein and depicted on the plan attached hereto as Exhibit "C"
("Concep4ual Plan"). The �arties mutually desire to consiunmate a development
agre�ment pursuant to the belaw-referenced authority, such that I3evelopers can develop
flteir �property pursuant to the Conceptual Plan and City can annex both Tract A and Tract
$ and 4'ZUther so that Ciiy can a�quire a portion of Developers' property without direct
cash payment, pursuant to paragraphs 25. and 26. herein, and to provide terms and
conditions goveming such actions; and
C. City is empowered pursuant to Florida Sta4utes Sections 163.3220 through
163.3243, the Florida Local Government Development Agreement Act, and Code of
Orditaances Sections 36.111 through 36.126, to enter into development agreements with
the ovuners of real property; and
WI�IEREFORE, in consideration of tihe mutual promises and undertakings
contained herein, the receipt and sufficiency of which aze hereby acknowledged, the
parties a�ree as follows:
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1, Rwr+tation of Fact �nd M�tual Commitments. The above recitations aze true
and correct and are incorporated herein by this reference.
2, j��Ai De�crintion �nd Ownershin. The Property to which this Agreement
applies is legally described in Exhibits "A" and "B", which are incorporated herein by
reference. James A. Vogel and Hazel E. Vogel are the owners of the Property, held in
joint tenancy with right of survivorship.
EXHIBZT A
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3. Ca tin ons• Captions used herein aze for the convenience of the parties and are
not to be interpreted to have any specific meaning.
4. No Waiver of Imnact, Other Fees. This Development Agreement provides for
no waivee of impact fees. Impact fees, capacity fees, connection fees, and any other fees
which aze known to be due are described in Paragraph 29. below; fees specifically
anticipated are set forth in Paragraph 14. below. Developers shall be obligated to pay no
more in impact fees than would be required of any other developer for a project af the
same siz8 and intensity under City's ordinances.
5, A�dth4�Y. This Development Agreement is entered into by City in accordance
with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government
Development Agreemeni Act, and Code of Ordinances Sections 36.111 through 36.126,
and the terms of said statutory and code s�ctions are incorporated herein by reference.
6. FfPectiv Liat� of Deve ment AQreement. The effective date of this
DeveIopment Agreement is the thirty-first day following the date this Development
Agreement is received by the state land planning agency following execution,
recordation, and submission to said ageacy pursuant to Florida Statutes S�tion 163.3239
and Code of Ordinances Section 36.121. In the event of a court challenge to this
Development Agreement by a party or non-party, the parties will reconsider the effect of
this Agr�ement and Developers shall have no ongoing obligation to defend this
Develogment Agreement.
�, i7nration of D+evelonaaient r7reement The duration of this Development
Agreement shall be five years from the Ei%ctive Date hereof : The duration of this
Development Agreement may be extended pursuant to Code of Ordinances Section
36.114 upon the agreement of both Parties and approval by the Clearwater City
Comrnissi�n follovviag a public hearing in accordance with Florida Statutes Section
163.3225. As long as Develogers have dedicated Landmark Drive right-of-way as
provided in paragraph 25. herein, in the event this Development Agreement expires prior
to Develogers obtaining site plan approval for the planned improvements, City shall have
no cat�se of ackion against Developers and Developers shall be subject to all codes and
ordinances in effect at the time of said expiration.
8, on i�t n�,v v^Ll CAtI]L1Lc'hencivP PI�n �nd L.�nd Developm .n Regu1_atio�.
Thzs Developrnent Ag�eement and the development authorized herein is consistent with
City's cofinprehensive plan and land development regulations.
9. Amendment: Cancellarion. This Development Agreement may be amended or
canceled by mutual consent of the Parties or their successors in interest and ugon
compliance with the notice requirements for initial adoption of the Development
Agreement as set forth in Code of Ordinances Chapter 36, Article V.
10. �. All notices, demands, requests, or replies provided for or permitted
by this Developmeat Agreement shall be in wriGng and may be delivered by any one of
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the following methods: (a) by personal delivery; (b) by deposit with the United States
Postal Service as certified or registered mail, retum receipt requested, postage prepaid, to
the addresses stated below; or (c) by deposit with an overnight express delivery service.
Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective three (3) business days after deposit with the Postal Service.
Notice by overnight express delivery seivice shall be deemed effective one (1) business
day afier deposit with the express delivery service. For purposes of notice, demand,
request or replies, the addresses of the Parties shall be:
FOR CITY: FOR DEVELOPERS:
City Manager James A. Vogel and Hazel E. Vogel
City of Clearwater 2753 S.R. 580
P.O. Box 4748 . Clearwater, FL 34621
Clearvaaier, �L 34618-4748
With copy to: With copy to:
Director of Central Permitting James Mazcus Vernon, Esquire
[same address] P.O. Box 6474 (34618)
577 Duncan Avenue South
Clearwater, FL 34616
11. S p cor Bo �nd This Development Agreement shall constitute a covenant
nanivag with t�e land for fhe duration hereof, and the burdens of the Development
Agreement shall be binding upon and the benefits of the Development Agreement shall
inure to alI heirs, successors in interest, and any assignees of the Parties hereto.
�12. Fai �re o Develog�nt Ag[P°ment to Addrecs R�strictionc, Ftc The failure
of tius Development Agreement to address a particulaz pemut, condition, term, or
restriction shall not relieve Developers of the necessity of complying with the law said
permitting requirements, conditions, term, or restriction.
13. Recordation, Etc. Not later than fourteen (14) days after the execution of this
Development Agreement, City shall record same in the public recards of Pinellas County,
and a copy of same shall be submitted to the state land planning agency within fourteen
(14) days after the Development Agreement is recorded. In the event Developers should
request at any time during the term of this Agreement confirmation from City that
Developers aze in compliance with ttus Agreement, City shall provide said confirmation
within ten (10) days of said request, or in the event that Developers are not in compliance
with this Agreemeni, City shall forwazd within 4hat ten (10)-day period a specific
enumeration of those items as to which City believes Developers are out of compliance.
FAilure of City to provide either said confirmation or said specific enumeration within the
ten (10)-day period shall be deemed certification that Developers are in compliance with
this Agreement.
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14. �p�li��tion of Ordinances and Policies.
(1) The ordinances and policies of City governing the development of the
Property at the time of the execution of this Development Agreement shall continue to
govern the development of the Property %r the duration of the Development Agreement.
(2) City may apply ordinances and policies adopted subsequent to the execution
of this Development Agreement to the Property during the term thereof if the City
Commission has held a public hearing, with notice mailed to Developers of specific
agenda items to be heard and potentially applied to Developers, and has determined, by
the making of specific findings of fact, that said ordinances and policies are:
(a) Not in conflict with the laws and policies goveming ihis Development
Agreement and do not prevent development of the land uses, intensifies or densities as
allowed under the terms of the �evelopment Agreement; and
(b) Essential io the public health, safety and welfare; and
(c) Expressly state that they shall apply to a development that is subject to a
d�velopment agreement; and
(d) Are specifically anticipated and provided for in this Development Agreement;
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(ej Are adopted subsec�uent 4o substantial changes whielx have occurred in
p�rtinent conditions existing at the �iane of the approval of #bis Development Agreement
ox subsequent to a deterniination that the Development Agreement is based on
substant'rally inaccurate information supplied by Developers;
(� Are of general application to the community at large %r all similarly situated
developments.
(3) 'The ordinances and policies which are specifically anticipated and provided
for in this Develop�ent Agreement are:
(a) Any ordinance or policy which is necessary to cairy out the provisions of this
Development Agreement, zncl�ading but not limited to ordinances rezoning and annening
the Pragercy, grantang varianc�s �nd other development a�proval;
(b) Any ordinance or policy which shall be adopted by City accepting, approving,
or implementing City's Evaluation and Appraisal Report conceming its comprehensive
plan;
{c) Ordinances and policies of general application in the City, including but not
limited to ordinances imposing additional or increased transportation, open space, sewer,
water, or other impaet, capacity, or connection fees;
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(d) City's Capital Improvement Program in effect as of the Effective Date of this
Agreement;
(e) City's Land Development Code.
(4) The provisions contained in this Pazagraph do not abrogate any rights that
may vest pursuant to common law. �
(5) Upon termination, revocation, cancellation, or expiration of this Development
Agreement, all then-existing codes shall be applicable to the Property regazdless of the
terms of the Development Agreement.
15. Modification or Revocation to ComnlYwith Subsequent y Enacted State and
Federal Law. If any state or federal law is enacted after the execution of this
Development Agreement which is applicable to and precludes the Parties' c�mpliance
with the terms of this Development Agreement, such .�greement shall be modified or
revoked as necessary to comply with the relevani state or federal laws, such modification
or revocation to take place only after notice in the rnanner provided for the adoption of a
development agreement.
16. Feriodic R�view of Develo�m ni greement; Revocati n or IViodification for
Failure to Com�lv. 1'�e Cii� Manager shall review the Prop�rty at least once every
twelve (12) months to d�etermine if there has been demonstraied good faith compliance
with the terms of the Development Agreement, arad shall report such findings to the City
Commission. This Development Agree�nen� may be revoked or mod'afied by the City
Commissiom upon thisty (30) days' notice to Develop�rs iithe City Cominission finds, on
the basis of substan6al comgsetent evidence, that there has been a failure io comply with
the terms of the Development Agreement. Such revocation or modification shall be
accomplished only after a public hearing and notice suf�cient for the adoption of a
development agreemeni. However, in 4he event City elects to modify or revoke this
Development Agreement dae to Devel�psars' noncornpliance, Developers shall have
ninety (90) days within which to cure said non-compliance and upan Developers' curing
said non-compliance City's action shail become null and void.
17. F.nforcem�nt. This Development Agreement may be enforced as set forth in
Florida 5tatutes Section 163.32�3, as cnay be Funended from time to time. Develogers
and City shall additionally be able to enforce 4his Agreement as may be provided by law.
18. e,,�i.giutl�. I)evelopers shall not assign the rights and duties provided for in
this Development Agreemeat to any assignee, lessee, or successor in interest prior to the
conveyances by Developers to City referenced in paragraph 25. without prior written
approval of the City Commission, which appr�val shall not be unreasonably withheld,
except that the City Commission may withhold approval in the event it detern�ines, in its
sole discretion, that said proposed assignee, lessee, or successor in interest is unable to
carry out the obligations imposed by this Development Agreement. Any individuat
purchasing one or more of the dwelling units or lots authorized by tivs Agreement shall
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take subject to the terms and provisions of, and be entitled to the benefits of, this
Agreement, but As purchasers of individual units or lots shall not be deemed to be the
successors or assigns of Developers for the purposes of amending this Agreement.
19. Dr ftin¢ of Development ¢reement. The Parties shall be deemed to have
participated jointly in the drafting of this Development Agreement. Accordingly, this
Development Agreement shall be construed neutrally without regaed to the party or
parties responsible for its preparation, and any terms, conditions, uncertainty, or
ambiguity shall not be construed against any of the parties as a result of the drafting of
such.
20. F.ntiretv of Aereement. This Development Agreement constitutes the entire
agreeanent of the parties. This Development Agreement incorporates and includes all
prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein and the Parties agree that there aze no
commitmenis, agreements or understandings concerning the subject matter of this
Development Agreement thai are not contained in or incorporated into this document.
.�ccordingly, it is agreed that no deviations from the terms hereof shall bs predicated
upon any representatior�s or agreemen4s, whether oral or written, This Development
Agreement may be modified or amended only by a separate writing signed by all Parties
hereto.
21. 3lArisdiction and Govenning T_.aw. The Parties hereto agree that any and all
suits ar actions at layv relating 4o the entry into or the provisions of this Development
Agreement sbalfl be brought in PinelIas County, Florida and in no other jurisdiction. This
Developm�ent Agreement shall be cons4rued and interpreted under the laws of the State of
Florida.
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22. �ecitai• This Part delineates those speeific acts which must be complied with
unilaterally by Developers.
23. Ann�xation. Concurcent with the approvat of this Development Agreement
CiYy sha11 consider 4he pending application by Developers of Annexation of Tract "A"
and Tract "B" into the City. Ci4y understands and agrees that Developers' application for
annexation is wholly contingene upon City's approval of tlus Development Agreement.
i?eveloper$ shall not be required 4o pay any fe� to City for said annexation application.
24. Develoners' Qhlig�'san o Constnict Projg� Developers agree to construct
tlie Project es depicted on Exhibit "C" within �ve years of the Et%ctive Date of this
Development Agreement.
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25. Developers' Obligation to Convev Right-of-Way to Citv. Developers agree
to convey a thirty (30)-foot wide strip of real property on the westerly side of Tract A, as
depicted on Exhibit "A", to City within thirty (30) days of the Effective Date of this
Development Agreement, to be used by City to make improvements ta Landmazk Drive.
26. I?edication of Intemal Street Rght-of-Wav. Developers agree to convey to
City those azeas within the Property necessary to create City streets within the proposed
development as needed to access the single-family development and as approved on a site
plan; such roadways shall be dedicated to public use.
27. Local Develovment Permits: Execution Contingent Upon Certain Approvals.
Developees shall be required to obtain all necessary site plan approvals for each stage of
the development consistent with the Conceptual Plan, subdivision and platting approval
with metes and bounds description of each .lot to be developed, residential planned
development approvals, building permits, and regulatory agency permits, including any
Southwest Florida Water Management District permits, water distribution and wastewater
collection permits, certificates of aapacity as required by City Code Section 36.142,
recreation and open space requirements, and other development pernuts as customary
needed for the impr�vement of real property. These pernuts shall be obtained at the sole
cost oi Developers. It is ianderstood by the parties ihat annexation and rezoning (zoning
atlas amendment), as applied for in Developers' Petition for Annexation dated May 17,
1446 and on file with City, will be processed concurren�ly with a Resolution approving
and adopting this Development Agreement, and that said Development Agreement shall
t�e adopted prior to the annexation and rezoning (zoning adas amendment), and the
adoption of the annexation and rezoning (z4ning atlas amendment) shall be conditioned
such that in the event the parties do not execute the Development Agreement or in the
event the Development A�reemenY does not take effect or is held to be void then the
annexa4ion and rezoning (zoning atlas amendment) shall likewise be considered
ineffecYive and void. Developers' execution of this Agreement shall therefore be
contingent upon the prior approval of said annexation and rezoning (zoning atlas
amendment). In the event that Developers do not proceed with the Residential Planned
J3evelopmient contemplated by this Agreement but instead develop the residential portion
of the project under �tS-S waung (as is authorized pursuant to pazagraph 34.), then
DeveloPers shall be required to seek approval for said RS-8 zoning and for any variances
required in connectiorn with said revised development plan.
28. .�1 divi�io�; I'lattinE. Developers agree to properly subdiyide and plat the
Property pursuant to City's ordinances.
29. I�gact Fees. Etc. The increased impacts on public facilities or public
services attributable to each unit of the development, and the cost of capital
improvements to meet the associated demand on such facilities or services, shall be
assured by payment to City, at such time as is specified in City Code, of City's impact
fees required by ordinance of general application then in effect, as well as by payment by
Developer of applicable utility system development fees.
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30. E� �n ring Requirements. Developers agree to comply with the
requirements of City's Engineering Department as set forfh in the Memorandum from
R.ichard J. Baier, City Engineer dated May 17, 1996 and attached hereto and incorporated
herein as Exhibit "D", with the exception that for density calculation purposes, the area
dedicated to the City of Clearwater pursuant to pazagraph 25. above shall be included, but
only for calculaeion of density for the residential use, and not for the office use area.
31. L"n.����.��: Additional L.�ndscaning CommitmPnt. The landscaping of the
office and r�sidential tracts shall be in compliance with City's Code for said uses.
Additionally, Develogers agree to landscape the entry to the Property with appropriate
hedges, and to provide City the sum of $2,000.00 on or before the completion of the
Landmark Drive Improvements to be used by City for supplemental undesignated
landscaping.
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32. �iE�L This Part delineates those specific acts which must be complied with
unilaterally by City.
33. Izr�nmvement of Landma_rk Drive. The specifae improvements which the
parti�s conte�nplate City will make to Landmark Drive south of Enterp�ise Road (the
"Improvements'� az� degicted on a diagram afitached hereto and incorporated herein as
Exhibif "E". City has no sgecific obligation to complete ihe Improvements by any
particular time. In the event that City elects to perform the Improvemes�ts, City wild not
seek any financial ao�atributic�a� for su�h Improvemen4s from �Develoners othea than
transportation, open space, sewer, water, or other impact, capacity, or conmection fees
custoYnaziiy charged to developees pursuant to proeisions of City Cale. City shall not
seeic a�ay addi�ional right-of-way, otlxer than that to be conveyed as provided in Paragraph
25. above from I�evelop�rs, for ihe improvemen4 of Landmark I�rive. City shall not be
obligated to construct any roadway features upon Developers' progerty or to align the
Improvemetrts to a.ny particular roadway configuration of Developers. City agrees,
however, contir►gent upon conveyance of the thirty (30)-foot wide strip of real property
referenced in paragraph 25. above occurring prior to conshuction of the Improvements,
and .furcher contingent upon Develogers' plans becoming more tangible from an
engin�ering perspect�ve prior to construction of the Improvements, to make a good faith
attempt to iacilitate appropriate alignments to the residential development by the use of
asphalting and radial return features upon City rlght-of-way only.
34, �4IIi�, Pursuant to the above-referenced annexation application by
I3eyelopers, T'ract B will be annexed into City under a wning classification of Residential
�lanned Dedelapment allowing for single-family lots, and Tract A will be annexed into
City under a zflning classification of Limited Office allowing for office uses. The Parties
contemplate that Developers may, if ail other requirements of this Development
Agreement are met, develop either tract independently of any requirement to develop the
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other tract. City hereby acknowledges that Developers have applied for, and have met all
tlie prerequisite obligations for, the rezoning and annexation of the Property. Concurrent
with the adoption of this Development Agreement, City shatl a�opt the zoning necessary
for Develogers' contemplated uses of the Property as set farth herein. In the event that
Developers cannot meet the procedural and/or Code requirements for such Planned
Development agproval, then the residential gortion of the project shall be developed in
accordance with City's Land Developtnent Code requirements for RS-8 zoning.
35. Access. Developers agree to execute an instrument releasing any rights they
may have to access to the Property via Sabre Drive, at such time as the Improvements to
Landmazk Drive, to be made by City, aze complete, assuming that the improved
Landmark Drive roadway meets all City development requirements for the anticipated
trafic tyge and volume. Developers shall access the Prop�rty by existing lawful means
until such time as the Landmazk Drive Improvements aze conshucted.
36. Pi�blic �ac'litiss. P�blic facilities that will service the development shall be:
roadways; stormvvater retention; disposal; sewer; water; solid waste pickup and recycling;
gas; cable teIevision. City hereby warrants and represents that all of the above facilities
which are City-provided utili4ies shall be available to Develogers and their successors in
interest at the eime of recordaiion of fu1a1 plat to assure their provision concurrent with
the impacts of development. Developers, however, shall be liable for all impact, carrying
capacity, connection, and other fees associated with such facilities. Yt is contemplated
that Developees will grant maintenance rights to an existing sewer easement and that
Deveiopers witl service the Property through existing sewer lines,
37. ��tl. City shall be obligated to approve a site plan for Tracts A and B in
compliance vvith those deveiopment chai�acteristics as hereinbelow provided upon
submission of a site plan approval application by Develapers which meets Gity Code
requirements, gayment of application fee, and compliance with any other prerequisites of
City Code and this Development Agreemen4, including but not limited 4o conveyance of
certain real properly pursuant to Paragraphs 25. and 26. above. The Concept�al Plan
shall not b� deemed a substitute for any plat or site plan required by City's development
code.
38. Revie eriod. Any submittal to City staff made by Developers for the
purpose of obtaining development approvals wluch is complete and meets all City Code
requirements shall be initially reviewed by the necessary City staff members and full and
com�plete review eomments shall be provided to Developers within fourteen (14) days of
said complete and eompliant submittal.
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39. $�ifa3l. The development conditions as enumerated in this Part aze those
characterisrics which City agrees to approve by and through the site plan approval
process, assuming that Developers meet th� conditions set forth in this Development
Agreement, and which Developers agree to comply with. Both parties hereby agree to
implement these conditions by their respective actions.
4U. I?evelo�me�.��roval Process. Development for the Property shall be
examined for approval and approved, if at all, in compliance with the Conceptual Plan
and this Development Agreement. In the event of a conflict between the Conceptual Plan
and this Development Agreement, this Development Agreement shall control. . In the
event of a con�Iict between the Conceptual Plan and this Development Agreerr�ent, itbis
Developrnent Agreement shall control No amendment of any regulation, code, ordinance,
or policy of general application in the City adopted subsequent to the Effective Date of
tlais Developrnent Agreement shall preclude the rype of use or amoiant of floor area set
%rtln in the Concepti:al Plan, exeept as provided in Paragraph 14. above.
41. lZeauired Pezmits. The following development permits aze requued to be
approved for development of the property: Planned Development approval; site plan
approval; rewning (wning atlas amendment) pursuant to paragraph 27. above; Southwest
Florida Water Management District pernuts; Florida Department of Envisonmental
Proteciion permiis; utiiity permits; building permits. The above-referenced development
germiCs shall be obYained at the sole cost of Developers . In the event said developmeni
permits are not obtained by Developers, action in reliance on this Developmen4
Agresmen� or expenditures in pursuance of its terms or any rights accruing to Develogers
thereunder shalt not vest any development rights in Develop�rs, nor shall it constitute
partial performaItce �ntitling Developers to a continuation of this Development
Agreement.
42. 1?evelon�ment Uses Permitted. Development uses permitted on the Property
shall be limited to the following uses consistent with the Conceptual Plan: thirty-four (34)
unit resid�ntial development; maximum 14,160-square-foot and maximum 30% of gross
site area building coverage office development. Residential density permitted shall be
five (5) units per acre. For density calculation purposes, the azea dedicated to the City of
Clearwater pursuant to paragraph 25. above shall be included, but only for catculation of
density for the resideiitial use, and not for the office use azea. A maximum Floor Area
Ratio of .3 shall be allowed for office uses. Maximum pernussible height shall be: for
residential uses: thirty (30) feet; for office use: thirt.y (30) feet.
43. Lot Sizes. Tract B shall provide for lot sizes greater than or equal to that
smallest interior lot size as allowed under an RS-8 wning classification.
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44. $�l�HS�SS, T'he minimum setback requirements for principal and accessory
structures in the office development shall be as specified for the OL zoning district. The
minimum setback requirements for principal and accessory structures in the residential
development shall be �overned by the following table.
45. RP+Pntion Pond L.ocation. To the extent pracricable given sound engineering
practices, 4he retention area for Tract B shall be located so as to serve as a buffer between
the residen4ial lots and Landmark Drive. Drainage pipes may be placed between lots or
structures provided they are centered in a utility easement that is no less ttzan 15 feet
�vide; in the event of a conflict between such required width of easement and required
setback, the required width of easement shall �control. Upon conveyance to individual lot
owners, said easements shall be depicted upon a survey provided to the individual lot
ovaners. Placement of any structure, including but not limited to pool decks, screened.
porcbes, hot tubs, and permanently installed barbecue grills, shall not be made within the
easement area, excegt that fencing may be so placed. Any structure, fencing, or
landscaping placed in the easement azea shall be subject to removal in the course of
City's repair and maintenance operations upon the drainage pipes.
46. Right-of-Wav. City will allow Tract A to be developed as a Planned
Residential Development utilizing interior fifty (50) foot wide rights-of-way, with a thirly
(30) foot roadway, subject to the provisions contained elsewhere in this Agreement. The
parties agree that the Landmazk Drive improvements which City shall make will he
limited to a two-lane roadway with seventy (70) foot right-of-way adjacent to the
Property, and that City shall not b�e obligated to make any additional improvements to
Landmark Drive. Developers agree that the said improvements to Landmazk Drive in
addition to the ingress/egress driveway improvements referenced in Paragraph 35. above,
constitute a�iequate access to the Property, both unimproved and with the improvements
contemplated by this Development Agreement. City hereby acknowledges that vehiculaz
access to Tract B is through an access easement across property currently part of the City
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of Safety Harbor. This access is hereby agreed to as being acceptable by City and City
will not require sepazate and di�'erent access than that already provided.
47. �lvailab�li of Infrastructure. The roads, landscaping, and other internal,
Developer-provided infrastructure serving each residential unit shall be completed before
a certificate of occupancy may be issued for the unit. The roads, landscaping, and other
internal, Developer-provided infrastructure serving the office development shall be
completed before a certificate of occupancy may be issued for ttze office development.
48. ilit;� In�?1lation: Site Ligh in . Developers shall install all utilities
underground where practical and shafll screen all utility facilities. Developers shall
comply with alI City ordinances regarding site lighting in e�ect at 4he time of application
for the building pet�it for those improvements, and shall utilize shaded light sources to
illuminate all signs, facades, buildings, parking and loading azeas, and shall arrange such
lightin� so as to eliminate glare to properties lying outside the Property. In addition to
the foregoing r�quirements, tiie lighting foa Tract B shall be directed away from any
residential areas or stceet rights-of-way, and site lighting for Tract B shall be equipped
vv�th 90-d�gree cutoff %atures.
49. P.�cl�. Developers shall provide pazking on the Property consistent with all
provisi�ns of the technical building codes in effect at the time of application for the
building permit for those improvements.
50. Fa�ements. All lots in 1�oth Tracts A and B shall be encumbered with a
fii�een {1S) faoi utility easement along any property line which abuts any City right-of-
way exc�pt ihat a teax (10) foot utility easement shall be provided for along those lots
which abut Landmark Drive �nnd on the rig13t-of-way portion of the interior drive of all
cor.�er 1Qts of the subciivision. All such easeffients shall be evidenced by a recorded i'irant
of fasement w�iich`'���ail b� perpetual in due�tion acid shall allow access, ingress and
egress for purposes of anstallaYion, rspair, and rnaintenance of all City utiliries.
S l. LJs��yf C��,y's Stormvsrater Retention Area. Pending approval of Developers'
appiicatic�n fo�r appropriate stormwater retentio� and disposal by the SouthwesY Florida
Water Managemeni Distrlct, City sh�l allow Developers to discharge stormwater into
City's retention area which abuts Developers' property to the north of Tract A and south
of Tract B. Howeves, in no event shall such use of City's retention area by Developers
exceed permitted amouc►ts in volume, cause City to exceed such amounts, or cause a
m�intenance or safety problem. Developers shall submit to City, prior to any dischazge,
calculations vvlvch show that such discharge volume does not violate or cause City to
violate provisions of State of Florida or Southwest Florida Water Management District
stormwater permits or cause a maintenance or safety problem. Final subdivision layout
shall utilize on-site stormwater retention as a buffer between Landmazk Drive and the
residential dewelopment to the extent possible given sound engineering practices. .
Drainage pipes nzay be placed between lots or structures provided they aze centered in a
utility easement that is no less than 15 feet wide; in the event of a conflict between such
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required width of easement and required setback, the required width of easement shall
control. Upon conveyance to individual lot owners, said easements shall be depicted upon
a survey provided to the individual lot owners. Placement of any structure, including but
not limited to pool decks, screened porches, hot tubs, and permanently installed barbecue
grills, shall not be made within the easement area, except that fencing may be so placed.
Any structure, fencing, or landscaping placed in the easement azea shall be subject to
removal in the course of City's repair and maintenance operations upon the drainage
pipes.
52. Sfity Coo ern ation, City shall cooperate with Developers in any reasonable
manner such that both Developers and City can comply with the terms of this Agreement.
5pecifically, as long as Developers propose development improvements consistent with
ihis Agreement, City will join in any drainage permit applications or other similaz pemut
�pplications as needed to complete the scheme anticipated herein; however, this provision
shall not be construed to require City's participation in any litigation, whether
administirative or judicial, or to render City liable for any attomey's fees or costs of said
latigatio�.
53. �oc+s �"d Attorney'c Fees in Litigation. In the event that either party seeks to
enforce this Agreement or to interpret any provision of this Agreement by the institutiQn
o€ litigation, excluding bankruptcy proceedings and mat4ers ancillary and related thereto,
and imcluding any appellate proceedings, the parties agree that all costs actually incurred
in such litigation, ineluding reasonable attorney's fees, shall be awazded to the prevailing
P�Y•
TAt WITNESS WHEIt�OF, the Parties, by thei� duly authorized undersigned
representatives, have executed this Development A�reement o� the date and year iirsi
above written.
Countersigned:
Rita Garvey, Mayor-Commissioner
CITY OF CLEARWATER
By:
Elizabett� M. I?eptula, City Manager
Approved as to form and legal sufficiency: Attest:
Leslie K. Dougall-Sides
t�ssistant Ci�ty Attomey
Cynthia E. Goudeau, City Clerk
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DEVELOPERS:
James A. Vogel Witness
Tyge or print name
Witness
Type or print name
Hazel E. Voge� Witness
Ty�se or prent name
Witness
Type or print name
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EXHIBIT A
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j,Fr�L 63ESGRIPTION C0161fMON Y� �OTFi PAFtCELS: A portion of the northwest
1!4 of the northwest 1/4 of Section 33, Touvnship 28 S, Range 16 E, Pinellas County,
Fiorida, said tracts being more particularly described as follows:
T AR _�T �_ Commence at the southvvest comer of said northwest 1/2 af the northwest
1/4 of Section 33, fhe same being the noethwest corner of Shady Oak Farms as shown
on the plat recorded in Plat Book �0, Pac�es 95 and 96, public records of Pinellas
Caunty. ihence north 00°01'46" E. along fhe westerly boundary of said no�4hwest 1/4 of
Secfian 38, 509.19 feet, to fhe paint of beginning: 'fhence depariing said tnreste�ly
boundary south 89°30'48" E., 625.02 feet; itience south 00°01'46" VV., 505.47 feet;
the�ce north $9°51'15" W., 625A0 �eet; th�nce north 00°01'46" E., 509.19 fee4, to the
point of beginning.
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EXHIBIT B
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���AL- ��SGRIPifON COi�l�ON TO BOTH PARCELa: A point of the northwest 1/4
of 4he northwes4 1/4 of Section 33, Township 28 S, Range 16 E, Pinellas County,
Florida, said tracts being more particularly described as follows:
TRACT A: Commence at the southwest corner of ssid northwest 1/2 of the northwest
1/4 of Section 33, the same being the northwest comer of Shady Oak Farms as shown
on th� plat �ecorded in Plat Book 80, Pages 95 and 96, pubiic records of Pinellas
County; thence N. 00°01'46" E., along the westeriy boundary line of said northwest 1/4
oi Section 33, 509.99 feet; ihence departing said westerly boundary, S.89°30'48° E.,
330.Q0 feet ao ihe point of beginning. Thence run norih 00°01'46" E., 160 ieet; thenc�
south 89°30'48" E., 295.02 feet; thence south 00°01'46" W., 160 feet; ihence north
89°51'15" W., 295.02 feet, to the point of beginning.
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EXAIBIT C
[Conceptual Plan - Anclote Engineering
dated June - 95]
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CISY 01 CL�J►1talJ1T��
Ioterdepertc�ent Correepondence Shset
Tp; 4lisabeth M. Deptul+r, City Meu�a9er
lROtt: Richard J. 8a�lar, City Bngineer
COPiiS: Peasela Akin, City Attorney
Leslie Dougm11�5idob, Aeeleeant CiCy �Ctorney
Scott Shulord, Director o! Centrel Percnitting
Lou Hilton, Senior �lans�es
Tegzy Jennings, Chief Sngineer
SIIHJBCT: Oakbrook 6states/Oakbrook Plaza/vogel Development
DATY: Hay 17, 1996
Aa requested by th� Y.e9al D�g�artment, I am psoviding these tentative and
es�ential terme required try the La.rid Development Code Sectfon 36.116 regardiag
the terms of a mutually eccepta�ble develapment agreement. Ineafar a�s the item�.
of mutual mgreement, th�y are:
• AS1 et�zsn dgain�ge com�+ly eo Citcy o£ Cleaa�+a�er code and Southwe�t Plorids
Water [�9an�9ement Regulatione irreBpective of any representatione made on
the r.Ctachec4 �Slane •
• All eix ind� wates linea shall be loaped thsough sa�d connected to the City
eyatem a� th9 nalcbrook Camcierciai Center.
e Th� sanitary and erater liaee age to sun through C9�e narthea�tern a►oet loCs
at the Oa�brook Centex and ehall be placed in t� iS' em�ement. 'ihe
��i��ry line ehall E��eve zao s«�zvice� fn t�€a locatioas and the �cater and
eeti+er linee shall k�a spa�e� a a►inimum of three feet apart.
o goa�qw�;g undeg-drain �haa1 be provided aa one aide of the city �treer and
th� eidc �hall S� selac�ed at a 2ater date by the City Sngine�r.
• p gct drainage eheet arat3 topography extending 50° beyand tha site ehalllbe
submitte8 mith the psoject design plcsae duxing the eite permitting af �hes
proj�ct.
o p� �e plat, the develvper �hall dedicate a 25' dra�inage aad utility
eaeement alwtting the is,terior rasdaayo.
• pr� th� plat thE developer eha11 provide for a aight triangle eaaement an
ea��nt ehali aesuma a� 0 mi3e per 3socer deeigatePeed or�Landmti k�Dr�ve�
• Sidevalks shail tse required on both sides af ail intezior etreet� and pill
be a miaimum aidth o� S° �ide.
• No etorm pipee phall be placed betweea the t�ro buildinge.
• Site deneity,ehdii not exceed five unite per acre, based on the acreage
owned by the developer prior to the t3me oi right�OL-Ndyl d@�CAt308l.
• Drainage as depfceed oa the attached plw i• conceptuai, in neture, takiAg
�nto account efte gacCor� and conetreints a� they �re currently kncsacs.
The outfall eha7.1 be to the City oi Clear�+ater retention area erhich eh�i%
provide etreet flor. Said connection is contingent upon the compatibility
oi the outfall o! the development eu�d the p��tDi�trictxiet nax betweea
the City of Clcarwater and the Wa�ter !lanag
E}iHIBIT D
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OAkbrook let�tea/Oekbrook Piasa/VOgel Development
May 17, 1996
Paqe 4
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� Z°hia oit� plen i� conceptur�l in natura, and may changs through the
permiteimg proces9, nnd vill �rse oubject to re-sovier by che City
Caa�miesion, only it thare nre aubetantial cha.nges e� defined in Land
Developa►ent Code Section 40-261.
• Aro utili�y eaeement ehall bo required to bo z�r►y larges thaui 15' mide,
• This eito ehall have the prereqvieite ehzube and treea pur�uant to the
City ot Clearwater landecnpe ordinance.
• No lot ehall be required to have any greater than 60' frontage or fo have
any grester than 100' of depth. All lote ehall have a 25' fron� se�bach
x0' rear seCback and 5' eide setback� tcnd no lote ehail hmve asore than one
fro�t setback. Irre'epective of the tsbove all corner lote aha31 have the
ah�ve referenced setback except for the lony dimensione fronting
additional right-of-way ehall be m 10' setback and thaC the same eide
eethac� �hrsll have deed reetrictive vehicular accee�. No lot ehall be
sec�aaxed ko h�ve t�ro £ront eetbacDc� .
a .�11 roadxaye shall be 30' in paved width irom back of cuzb to back of
curb, Said roadway shmmll b� placed inaide of a 50' right-of-euay vith a
10° foot uaflity eaeement on �itheg �ida of thie 50' righC-oP-aay. The
approval s,f this plan aa�d the anhexation of thie parcal ae conditioned
upon tPa� a��'crption of thi� development agreement a�rad the conveyance by ehe
o�+rser t� tHsa City of C2earaater oi the weet 30' of the reaidential psrcel
deecribe�A hereia on the attacPaed plane.
° R`he develaper ia to give the Cfty of Clean+ater $2000 to be used towards
lancSeceping xith3n City pzoperty �nd/or right-of-way,
° Final oubdivieion layovt rill a�t�t to ueilise on-aite retention ae a
buffer betxeen Landmark Dsiv� ancl the proposed r�eidential lote to the
extent possible given aovnd eragineea�isag gracticea. .
� Shor aaay proposed buff�r along L�ndmarh Drfve.
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