7883-07
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200735278111/01/2007 at 04:12 PM
OFF REC BK: 16039 PG: 545-546
DocType:GOV RECORDING: $18.50
ORDINANCE NO. 7883-07
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE NO. 7769-07, WHICH
VACATED A PORTION OF SECTION 9, TOWNSHIP 29
SOUTH, RANGE 15 EAST, BEING A PART OF THE
EXISTING RIGHT-OF-WAY OF OSCEOLA AVENUE AND A
PORTION OF AN ALLEY LYING NORTH OF LOTS 2 AND 3
OF JONES SUBDIVISION OF NICHOLSON'S ADDITION TO
CLEARWATER HARBOR; THREE DRAINAGE AND UTILITY
EASEMENTS AND ONE INGRESS/EGRESS EASEMENT;
AMENDING THE CONDITIONS AND REQUIREMENTS AS
DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted Ordinance No. 7769-07, which
vacated three drainage and utility easements, one ingress/egress easement described
herein and a portion of Osceola Avenue right-of-way subject to conditions; and
WHEREAS, Triangle Old Bay Holding, LLC, wishes to change certain conditions
contained in Ordinance No. 7769-07; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 2, Subsection (3) of Ordinance No. 7769-07 is hereby
amended as follows:
3) Applicant has provided to the City of Clearwater a Letter of Credit (LOC) or
Performance Bond in an amount of not less than $1,000,000, said LOC/Bond to be used
to assure construction and completion of the new Osceola Avenue improvements on
Parcel Two, as provided FLD2006 05030 approved by the Community Development
Board on Nov. 21, 2006 by City of Clearwater construction standards.
Section 2. Section 3 shall be amended as follows:
Section 3. \^/ithin eighteen months of the adoption of the ordinance, Applicant shall
have obtained all necessary permits and commenced construction on the new Osceola
Avenue by Auqust 15. 2008. 'Nithin tv.'o (2) years of the date of adoption of this ordinance aM
Pprior to the issuance of a certificate of occupancy for any portion of Applicant's property. and
no later than February 15. 2009. Applicant shall have completed all improvements to the new
Osceola Avenue (Parcel Two) in accordance with all City of Clearwater construction standards
and the plans provided in FLD2006 05030 approved by tho Community Development Board
on Nov. 21,2006. In the event Applicant fails to commence or complete the improvements as
provided herein, the City of Clearwater may draw upon the Letter of Credit/Performance Bond
in accordance with its terms, to complete right-of-way improvements. In the event Applicant
makes such proqress in construction that the City Enqineer decides in his sole discretion. that
Ordinance No. 7883-07
the full amount of the Letter of Credit is no lonqer necessary to fully secure Applicant's
obliqations hereunder, the Letter of Credit may be reduced by such appropriate amount.
Within 30 days of completion to City of Clearwater construction standards, the City of
Clearwater will release said Letter of Credit.
Section 3. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
October 4, 2007
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 17, 2007
4...."."e ;( ~
~V. Hibbard ·
Mayor
Approved as to form:
Attest:
/) L I
r~ '~Ji,
Pamela K. Akin
City Attorney
I hereby certify that this Is a troe and
correct copy of the original as it appears
in the tiles of the City of ~:1earwater.
Witness my hand and official leal of
~~~Clre~~ ~ ~-2
^iL1]U~ t<l
- Deputy City erk
RETuRN fO: CITY C LEf-K.
112 S. OSCEOLA AVE
CLEARWATER. FL 33756
2
Ordinance No. 7883-07