TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENTKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2017091989 03/24/2017 at 09 :56 AM
OFF REC BK: 19565 PG: 525 -528
DocType:TERM RECORDING: $35.50
EXHIBIT B
TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT
THIS TERMINATION AND RELEASE OF A DEVELOPMENT AGREEMENT (the
"Termination "), between Ted and Maria Lenart, Trustees of Lenart Family Trust UTD December
20, 1991 (the "Property Owner ") and the CITY OF CLEARWATER, FLORIDA, a municipal
corporation of the State of Florida acting through its City Council, the governing body thereof
(the "City ") is dated the AA ^d day of�?2,/ , 201'%.
RECITALS:
WHEREAS, the City of Clearwater entered into a Development Agreement (the
"Agreement ") with The Property Owner, for the allocation of up to 69 units from the Hotel
Density Reserve under Beach by Design that was adopted by the City Council on November 20,
2013, via Resolution No. 13 -31; and
WHEREAS, the Agreement provided for the allocation of up to 69 units from the Hotel
Density Reserve under Beach by Design to the Property Owner's Property at 625 South
Gulfview Boulevard, Clearwater, FL 33767 (the "Property"); and
WHEREAS, a condition of approval for the allocation of up to 69 units from the Hotel
Density Reserve under section 6.1.3.2 of the Agreement provides that the Developer shall obtain
appropriate site plan approval, pursuant to a Level One or Level Two development application,
within three (3) years from the effective date of the Agreement (the "Deadline "); and
WHEREAS, as of the Deadline, December 4, 2016, site plans have not been submitted to
the City for review nor have any plans been approved in accordance with the Agreement; and
WHEREAS, pursuant to Section 10.1 of the Agreement, failure to timely fulfill
obligations may serve as a basis for termination of the Agreement by the City, at the discretion of
the City and after notice to the Property Owner and an opportunity for the Property Owner to be
heard; and
WHEREAS, the City has determined that, as of the date of the Deadline, the required
time frame for site plan approval has lapsed; and
WHEREAS, the City has conducted such public hearings as are required by and in
accordance with Florida Statutes section 163.3225, Community Development Code sections 4-
206 and 4 -606, and any other applicable law; and
WHEREAS, the City wishes to terminate the Agreement, as the Property Owner has not
complied with its terms; and
[GM13- 1420 - 133/197670/1]
WHEREAS, at a duly noticed and convened public meeting on
h C , 2011, the City Council thereby passed Resolution 17 -07
consenting to the termination and release of the Development Agreement; and
WHEREAS, termination of this Agreement is in the interests of the City in furtherance of
the City's goals of enhancing the viability of the resort community and in furtherance of the
objectives of Beach by Design; and
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the City terminates the A greement and hereby releases the Property from all terms,
conditions, agreements, grant of rights, and covenants contained in the Agreement, including,
without limitation, the allocation of up to 69 units from the Hotel Density Reserve. The City
hereby affirms that: (a) no provision, term, covenant or condition in said Agreement
remains in effect as of the date hereof; and (b) the Property retains no right, title or
interest of any kind or nature in said Hotel Density Reserve units.
THIS TERMINATION has been executed as of the above - written date by the City.
[GM13- 1420 - 133/197670/11
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF�CLEARWATERR, FLO DA
j
By: W ik MLAAAA $
William B. Horne II
City Manager
Attest:
,i-4 LinelA cc.. 0
Rosemarie Call, City Clerk
Countersigned:
4t?A/1t 1crt\A-05
George N. �etekos, Mayor
Appr¢ved as to F
Camilo A. Soto,
Assistant City Attorney
They foregoing instrument was acknowledged before me this �a day of
, 201Z, by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater,
[ ,/]' personally known to me or has [ ] produced
as iden ion.
Florida, who is
[GM13- 1420 - 133/197670/1]
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 222 day of
Ma. f- , 201 1 , bb WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ V ] personally known to me or who has [ ] produced
as identification.
SANDRA HARRIGER
7MY COMMISSION # FF930375
4.r, EXPIRES: January 04, 2020
[GM13- 1420 - 133/197670/1]
Notary Public
Print Name: 5c't/10 rte 494-
My Commission Expires fit./ Jc < <�