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ANNEXATION AGREEMENT BETWEEN CITY OF CLEARWATER AND ASTON LAND CO - 2000 Annexation Agreement between the City of Clearwater and Aston Land Co 2000 ~ . . JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMS1RONG III BRUCE W. BARNES JOHN T. BLAKELY BRUCE H. BOKOR GUY M. BURNS JONATHAN S. COLEMAN MICHAEL T. CRONIN ROBERT M. DAISLEY ELIZABETH 1. DANIELS MARION HALE JAMES W. HUMANN SCOTT C. ILGENFRITZ FRANK R JAKES TIMOTHY A JOHNSON. JR AMANDA C. KAISER SHARON E KRICK ROGER A LARSON JOHNR LAWSON, JR* MICHAEL G. LITTLE MICHAEL C. MARKHAM STEPHANIE T. MARQUARDT F. WALLACE POPE, JR. ROBERT V. POTIER, JR. DONALD P. REED DARRYL R RICHARDS PETER A RIVELLINI DENNIS G. RUPPEL* CHARLES A SAMARKOS JOHN A SCHAEFER PlllLIP M. SHASTEEN CLAY C. SCHUETT PIERCYJ.STAKEL~IV JOAN M. VECCHIOLI AMBER F. WILLIAMS JULIUS 1. ZSCHAU *OF COUNSEL PLEASE REPLY TO CLEARWATER FILE NO. 04306.100410 July 14, 1999 VIA FACSIMILE (727) 562-4576 AND UNITED STATES MAIL Ms. Cynthia Hardin Assistant Planning Director City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 Re: Annexation Agreement between the City of Clearwater and Aston Land Company Dear Cindy: This is to confirm my telephone conversation with you on Wednesday, July 14, 1999, wherein I indicated that for the time being it would be best that we postpone any further action on the Annexation. Unfortunately my client is experiencing some difficulties with the contract vendors which has delayed our approval through Pinellas County. I will advise you at a later date as to when we might reschedule the Annexation matters. ( Thank you for your cooperation. RALlar cc: Mr. Matthew Hoffman 190198 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER CLEARWATER OFFICE 9lI CHESTNUT STREET POST OFFICE BOX 1368 CLEARWATER, FLORIDA 33756-1368 TELEPHONE: (721) 461-1818 TELECOPIER (721) 441.8617 BANKRUPTCY TELECOPIER (721) 443.6548 TAMPA OFFICE 100 NORTII TAMP A STREET SUITE 1800 POST OFFICE BOX lIDO TAMPA, FLORIDA 33602-5145 TELEPHONE (813) 225-2500 TELECOPIER (813) 223-7lI8 NAPLES OFFICE 975 SIXTH AVE. S POST OFFICE BOX 1368 NAPLES, FLORIDA 34102 TELEPHONE: (941) 435.0035 TELECOPIER: (941) 435-9992 . . J ~l i.t . .'. )1,:, ""..'...~'-""""'" ~ . ' l~'~ ;. ~ / ~... ..... -~';4-4_ . . ~.. -:1': ;\ ~:\':. 'H - ,,;:,. ~ ~~~.....''''...( l~"'~'.~'-''''' Annexation Agreement between the City of Clearwater and Aston Land Co 2000 JOHNSON BLAKELY ~OOl 07/13/99 rUE 13:49 FAX 727 441 8617 -- . ~~ JOHNSON BLAKBL Y POPE BOKOR RUPPEL & BURNS, P.A. 11.. D. ARMSTRONG ill BRUCI? BARNES JolIN T. 9LI\.T<ELY BRucE H. ilOKOR GUY M. BllRNS JONATHAN S. COI,E.MA,.1>J MlClIAE1. 'T. CRONIN ROBtRT~. DAlSLEY ELlZABETHJ, j)ANI~LS MAroON HALE JAMF.S W, HUMt\NN SCOTT c. u.o1l.Nl'RrrZ JlRAl'lK ll. r A.I<>ES TIMOTHY A. JoliNSON, JR. sK~ON E. KlUCK RoGER A. L^R.SON JOiIN R. LAWSON. JR. · MICHAEL G. urfLE M1CHi\EL C. MARK!-!AM ST8PHANIE 'J. MAltQU/\,RDT F. WALLACE porE, JF.. RO~nRT V. l'Ol'I'ER. JR. DARRYL Jt. RICflAlIDS PETER A.lUvELLINI DENNIS G. RUPPEL. CHAlU.ES A, sAMARKOS JOHN A. SC}4AEFER PHIL.IP M. SHASTEEN PmIle\' J. S'fAKEU.lMJV JOAN M. VECCl-llOLl AMBllR F, WlUlAMS J(.lLIUS J. ZSCIIAU .OF COUNSEL Client Name: ASTON LAND Client/Matter Number: I 100410 Plwc Reply to CleM"'8tilf FAX COVER PAGE CLEI\R.W A T1l1\ OF~"1Cll 911 CLlESTNUT lI'CI<llS1' CL.EARWAT'8l. Pl.oRlDJ\ 3:m7.135i TELt\~H~ (n1}461.'~1~ l'AC5JMILB:(727) 441.85\7 BANlOtUP1'CYFM::Sn.m.E: (721) 443.6548 rJ\MPA UFFICIO 100NQRTH rt<MPA sTllllln' TAMI'A. )'LORlDA 33501.1100 n;;l..EPFloNE: (8 13) 2..~ .25CO FACSlMlL.E:(813) 223.71 18 NAPJ.ES OFllICE 9'75 sucmJ\VE. S NAPI.,sS. PLQRIDA34102 TELBPHONE: (941) 435.0035 JlACSlMlLB:(941) 435.9992 1 NTE1I.N l!.T: Fnuil@m~FIRM.COM Please Deliver The Following Pages: DATE: Tuesday, July 13,1999 TO: NAME; FIRM: CITY TELEPHONE: : FACSIMILE: Cynthia Hardin Pinellas County Best Cop Available 562-4547 562-4576 PAGES: 2 FROM: Roger A. Larson, Esquire ..____.____.-.._----T-..--.--... COMMENTS: PLEASE SEE THE ATTACHED. ,.. iU \ . .--.-., n . \i\ J}i~ \1 _=:J ~ b U ~l JUL I ~9~j\ U) \ PLANNiNG & DEVELOP~",1ENT \ SERVICES I CITY OF CLEARWATER 1 \ The information contlined in this tnlI'ISmiG&ion may be attorney(elient privillilged ~l'Id ttlereforG confidential. This information is intended only for the use of the individual or entity named above. If t/'le read.... of this message is not the il'ltend&O recipient. you are hereby notified that ~llY dl~mil'\atlon, dh.tributlcn or oopy of the communiceijon is strictly pronibite<l. If you receive this transmission in erfor, or if you arli! not t/'Ie individu$1 or entity named abovo, the receipt of this transmis$\On n, not Intended to and does not waiver any privilege, attorney/client or otherwise, If you have received this comlTlunication in error, please notify us by telephone. collect, and return the original message to US at tn. above addres$ via U.S. po$ial Service. You will blil reimbursed for any po5tage or any other expense a$9ociated with the return ofthie documel'lt ThInk you. REAL ESTATR . unOA"'tION, TRIAL & APPELLATE . CORl'ORATE" BUSINESS LAW · BANKIHJP'fCY & CRllDlTOR PRO'fBCTION . ESTA1'E PI.~'NTNO & PROBATE - LABOR LAW - F/>.MILY 1.AW _INTERNATIONAL LAW COMMERCIAl. &9ANKTNGLAW . CONDOMTNIUMLAW · EMfNENTDOMAIN · ENVIRONMENTAL LAW PROFESSIONAL MALPRACTICE _ TITLE INSURANCE. PATENT, TRAPEMJ\RK, COPYRIGHT · PERSONAL :iNJURY 07/13/99 TUE 13:49 FAX 727 441 8617 JOHNSON BLAKELY --- ---~.-- -- .--------- . ~002 #., JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. ATTORNE'/'S AND cOUNSeLI-ORS AT LAW E. f). ARJviSTlWNG lC BRUCE w. BAANBS JOHN'l'.BLAKEl-Y Bll.UCB. K ~OKOR GUn..!. eUF)\lS JONA'l'Ht.N g. COLl\MAN MlCHAEL'r. CRONTN ROB~RTM.DAJSLB'( ~IUIlBTli l DANtE\.8 MARJON HALE iAMBs w. HUMI\Nl'i SC011 C. ILClENl"IUn FRANKlt. JAJCES .l1MnTHY ^ loHl~SON. JIt. ~AC.l<AISBR 5IJAR(lN E. )'.lUC)( RooBR;... L/J(BOl'l JOHN R. LAWSON. J1V MlCliAEJ.. Cl LITIUt MlC)U.Bl. C. MAAIOif\M sTEPHANln T. MARQtJARD1' F W PJ-\,.ACF. POPh, JR R(l!l.ERT v. poTTER, JR J.)Ol'ltJ.D P.ll~"F.o pAlU< YL R. IUCHARDS PIl'l'Bll. A. RlVELL1NI DE~S Q. RtJPPB!,. CHMLBl> A. SA.'W\.RKOS JOHN A. SCHAEf'ER )'Hn.,1P M SHASTEEN Cl-AY C. SCH\JETI" pmRCY J S'l'.Al<llLVM IV JOJIloI M Y (!.CCH IOU "MBBRF. WlU.jJIMll lUL.IUS 1. ZSCHA\J .OJI caVNSR!' pUAS11RBP\.YTO c~WATER FILE NO 040406.100410 July 13, 1999 VIA FACSIMILE (727) 562-4576 Ms. Cynthia Hardin Assistant Planning Director ; r---\--;::;-~----~-:-- Cily of Clearwater I D}1 ,e ' , ' Posl Office Box 4748 ' Cc' L ~ ! i.', Clearwaler, FL3375~748 I' '\ ~ "i I I I I I JUL! 4 1.9l,;' J !! I I I Re: Annexation Agreement between City of Cleerwa lRlanlJ-lL_ .. 0 fi.'::::) Aston Land Company Pu\M~l~-.JG &. [,,''It 1-' :~_,J (: ~_~- _ -'1'-;" - ~- ",) ~_.' ,'w h:: NT ,J ,... f'1l/ I\" L. S e'Tv c're "I r' " . ,), Iv. cIIJiv'v,;\TER Dear Cyndi: This letter ;s being sent to inform you that the Board of County Commissioners did not review the above referenced Annexation Agreement that was scheduled for today due to issues arising among the Sellers and Aston Land Company. We have requesled a conlinuance to lhe next scheduled Board of County Commissioners meeting on August 10, 1999. We also request that you reschedule the meeting with the City Commission scheduled for July 15, 1999. at 6:00 p.M. Would you please reschedule this aIler the August 10, 1999, meeting? Thank you for your consideration to this request Very truly yours, Ko"f': A, ~ ~ Roger A. Larson SIGNED IN "'T1"ORNEY'S ABSENd TO PREVENT DELAY IN MAILlNC RAUar cc: Mr. Matthew Hoffman ~90121 CLURWA1'E\l.OFFlCE 911 Cl11lS"l1'lUnn'lDf ~OS'l' oPPlCB BOX l;\6a CUlARWAnR.1'LORJDA 337S6.136S 11lU'PRONB; (1'27)'~ 1.1Sl~ 'N\.B(;()PlIl1I. cn.n 0\41.8611 w!:RUl'l'CY 11ll.tlCOrlEl. ('T1.1) 44}.(i~ TA)..W A. UFPlCi IO~ NO,,1'f[TAMPII.sr~1!.llT SUlTfi 1900 PO~ OWl(;1!. tlo>C llOO T>>vlP A. ,,'LO!l.IOA 3~602-5145 ;EUlI'HON6 (~, 3) )z5.mo "ltlLa'~OPIE!l.(m)~.'m NPlI'L6~ OPI'ICE ~75 SIXl'IJA'fE. 5 po$'1' oFJlICl! BOX n~ NAPL\l.S. fLuRIDJ\ 34107 TIU.~PRONa:: (941) 4~HO)$ ~JEI\; (~41) ~~S.~99) ... 9:30 A.M. . Pinellas County Board of County Commissioners July 13, 1999 AGENDA - (Regular Pule Meeting) ,.. INVOCATION PLEDGE OF ALLEGIANCE to the Flag of the United States of America PRESENTATIONS & AWARDS A. CONSENT AGENDA CLERK OF cmcUIT COURT 1. Approval of Minutes - Regular Meetings of June 15, 22 and 29, 1999. 2. Reports: a. Housing Finance Authority of Pinellas County Independent Auditor's Report, Financial Statement and Additional Information Regarding Single Family Mortgage Revenue Bonds, Series 1990A (Multi-County Program), for the Years Ended January 31, 1998 and 1999. b. Housing Finance Authority of Pinellas County Independent Auditor's Report, Financial Statement and Additional Information Regarding Single Family Mortgage Revenue Bonds, Series 1994A, for the Years Ended January 31, 1998 and 1999. c. Housing Finance Authority of Pin ell as County Iildependent Auditor's Report, Financial Statement and Additional Information Regarding Single Family l\fortgage Revenue Bonds, Series 1995A, for the Years Ended January 31, 1998 and 1999. d. Housing Finance Authority of Pinellas County Independent Auditor's Report, Financial Statement and Additional Information Regarding Single Family Mortgage Revenue Bonds, Series 1996A and B (Multi-County Program), for the Years Ended January 31, 1998 and 1999. e. Dock Fee Report for Month of June 1999. f. List of Routine Dock Permits Issued from April 19, 1999 through June 30, 1999. g. Pin ell as County Annual Financial Report for the Fiscal Year Ended September 30, 1998 as Submitted to the State of Florida Auditor General. . . AGENDA - July 13, 1999 '" Page 2 . 3. Other Approvals: a. General: 1. Clerk of the Ci :cuit Court Budget Amendment No. CBA-4-99. 2. Recommendation that the Board of County Commissioners Authorize the Establishment of a Temporary Change Fund in the Amount of $100.00 to be Used to Provide Change for Sand Key Park Patrons. b. Satisfactions of Judgments and Liens. 4. Miscellaneous Items to be Received for Filing: a. Official Traffic Regulations Submitted by the County Traffic Engineer. b. Correspondence from Darlene J. Kalada, Director, Housing Finance Authority of Pinellas County, Advising She Continues as the Registered Agent of the Housing Finance Authority, Pursuant to Section 189.416, Florida Statutes. c. Two Items Related to Dock, Pier and \Vharf Construction Contract Bonds. d. City of Largo Notice of Public Hearing to be Held July 20, 1999 Regarding Ordinance No. 99-66, Annexing Certain Property. e. Correspondence from City of Pinellas Park Regarding Voluntary Annexation of Certain Property, Ordinances Nos. 2610, 2611 and 2612. f. Town of North Redington Beach Resolution No. 99-56, Supporting Efforts of City of Pin ell as Park to Obtain Funding from Florida Department of Transportation for Drainage Improvements to Park Boulevard. g. Correspondence from United Parcel Senice Dated June 2, 1999 Notifying James G. Howes, Executive Director, St. Petersburg-Clearwater International Airport, of Intent to Exercise First Five-Year Option to Renew Lease. COUNTY AD1\fiNISTRA TOR Budget and Finance 5. Budget Amendments: Nos. 41 - 44. . AGENDA - July 13, 1999 . Page 3 Public Works 6. Approval of Change Order No. 1 (Final) - Construction of Highland Lakes Subdivision Phase I Sidewalk. 7. Approval of Change Order No.1 (Final) - 58th Avenue North (55th Street North to 52nd Street North) and 38th Avenue North (East of 25th Street) Storm Sewer Pipe Repair. 8. Approval of Subdivision Plats and Related Items. Airport 9. Approval of Option of Renewal- Security Guard Services, Coast Guard Station. Utilities 10. Approval of Award of Bid - Pump Station No. 063 and No. 313 Access Driveway Construction. 11. Approyal of Release of Sewer, Water and Reclaimed Water Liens. General 12. Approval of Award of Bids: a. Janitorial Supplies 1999-2001. b. Locksetsl Accessories 1999-2000. c. Heavy Equipment OEM Parts D, 1999-2000. d. Pest Control Services, 1999. 13. Approval of Option of Renewal - UPSlBattery ~faintenance, 1999-2000. 14. Approval of Correction of Bid Award - Automotive Repair Parts and Supplies. 15. Approval of Noncompetitive Purchase - Radio Equipment Repairs and Service, Suncoast Communications and Electronics, Inc. 16. Approval of Name Change - Hunt Truck Sales and Service. . . AGENDA - July 13, 1999 Page 4 17. Approval of Satisfaction of Mortgages (Housing): a. Sherry L. Bell and Michael D. Bell. b. David C. Brown and Christina M. Brown. c. Randy S. Gaul and Sandra L. Gaul. d. Roger D. Carter and Deborah J. Carter. B. REGULAR AGENDA 18. Items for Discussion from Consent Agenda (County Administrator and Clerk of Circuit Court). COUNTY AD~fiNISTRATOR Public Works 1:1. Approval of Purchase Authorization - Micro Surf-=-cing Various County Roads. 20. Approval of Acquisition of a Portion of Lot 10, Block 3 for the Tampa Road Sidewalk Project. 21. Approval to Execute Interlocal Agreement - Sidewalk Improvements along 142nd A venue North from Belcher Road to 66th Street North. 22. Approval to Execute Agreement for Consultant Services for Park Street/Starkey Road (C.R. 1) from Tyrone Boulevard to Bryan Dairy Road. 23. Approval to Execute Amendment No.4 to the Agreement for Klosterman Road _ U.S. 19A to U.S. 19. 24. Approval of Joint Project Agreement - Florida Department of Transportation State Project No. 15200-3540, W.P.I. 7116992, S.R. 679, Bunces Pass Bridge Replacement. Airport 25. Approval of Change Order No. 1 - Runway 17L-35R HIRL/MITL Lighting Improvements at the St. Petersburg-Clearwater International Airport. . AGEr-.U)A - July 13, 1999 . Page 5 Utilities 26. Approval of Amendment No.1 to the Agreement for Hydrogeological Services for AL-BAR Ranch Augmentat:on. 27. Approval of Amendment No.2 to the Agreement for Hydrogeological Services for Cross Bar Ranch Augmentation. General 28. Approval of Award of Proposal- Vision Benefits. 29. Approval of Award of Proposal - Integrated Retail and Mail Order Pharmacy Benefits 1\1anagement Services. 30. Approval of Award of'Proposal -1\1anaged Care Benefits. 31. Approval of Award of Proposal - Temporary Em pI 0}1l1 ent Services (Environmental Professionals), 1999-2000. 32. Approval of Contract Amendment - Office Supplies. 33. Approval of Contract Amendment No.2 - Cable Television Consultant Services. 34. Approval of Award of Bid - Jail1\1edium Security A and B Barracks HV AC Renovation. 35. Adoption of a Resolution Approving Project 99-0624 as a Qualified Applicant for the Qualified Target Industries Tax Refund Program for Fiscal Year(s) 2000-2005. 36. Adoption of a Resolution Approving Project 99-0625 as a Qualified Applicant for the Qualified Target Industries Tax Refund Program for Fiscal Year(s) 2000-2006. 37. Adoption of a Resolution Relating to the Transfer of the Foreign Trade Zone. 38. Adoption of a Resolution Relating to Travel Expenses in the Economic De,'elopment Dep~rtment. 39. Approval of Reclassification of Exempt Positions in the Economic Development Department. . . AGENDA - July 13, 1999 Page 6 40. Adoption of a Resolution Endorsing C09Dty Participation in the Florida Main Street Program. ~/L, vYJ t1 V1aJI?i -" ynf(\ 41. Apprc val of Recommendation to Declare Surplus, Establish a Base Bid, Grant Authorizatioll to Sell and Grant Permission to Advertisl Parcel 12/27/15/52218/000/0010. 42. Approval of Financial Commitment to the Florida International Museum. 43. Approval to Authorize the Advertisement of Proposed Amendments to Chapter 90 of the Pin ell as County Code Relating to Pinellas County Parks. (I),~ 44. Approval of H01\1E Cooperation Agreement for Investment in Affordable Housing with the City of Largo for Fiscal Years 2000,2001, and 2002. f!i2 Adoption of a ResolutiO~J:t~~ Mitigation Strategy. 46. Adoption of the Lake Tarpon Drainage Basin Management Plan. 47. Approv,-} of Extension of Insurance Premiums for the Jail Facility Expansion Project, 14400 - 49th Street North. 48. Approval of Amendment No.1 to the Agreement for ArchitecturallEngineering Services for the Palm Harbor Senior Center. 49. Appro'val of Amendment No.2 - Transfer of Funds, Construction Management Agreement for the Florida Botanical Gardens Project. 50. Other Administrative Matters. CLERK OF CIRCUIT COURT 51. Approval of Vouchers and Bills: a. Weekly Vouchers and Bills. b. Requisition of Payment and Certificate to the Solid Waste Disposal and Resource Recovery System Construction Trust Account. 1. Payment Order No. C-0159 in the Amount of $6,840.00 to Menke Associates, Inc. it AGENDA - July 13, 1999 . Page 7 2. Payment Order No. C-0160 in the Amount of $28,870.55 to HDR Engineering, Inc. COUNTY ATTORNEY 52. Authority for County Attorney to Defend: a. Bankers Trust Company of California vs. Kenneth R. Brown, et ale - Circuit Civil No. 99-3898-CI-15 - Mortgage Foreclosure Involving Judgment for Attorney Fees and Costs. b. Nationsbanc Corporation vs. John R. Rossman, et ale - Circuit Civil No. 99-3094-CI-19 - Mortgage Foreclosure Involving Judgment for Attorney Fees and Costs. c. Yacht and Racquet Club Owners Association vs. Grace Ann Peters, et al. - Circuit Civil No. 99-3511-CI-19 - Mortgage Foreclosure Involving Judgment for Fine and Costs and Judgment for Attorney Fees and Costs. d. Associates Home Equity Services vs. ~dna L. Moore, et al. - Circuit Civil No. 99-4134-CI-21 - Mortgdge Foreclosure Involving Judgment for Attorney Fees and Costs. e. Guy Grabowski vs. Pinellas County Animal Services - County Court Case No. 99-4253-C0-41- Action Invohing Appeal of an Imminent Destruction Order. f. Christopher Food, Inc. vs. Pinellas County, Circuit Civil No. 99-4534-CI-21 - Action for Inverse Condemnation and Declaratory Judgment. 53. Authorization for Outside Counsel to Represent Pinellas County's Interest in the Complaint of Efrain Pineiro vs. Pinellas County, Federal District Court Case No. 99-680-CIV - T -17 A. 54. Authority to Advertise Amendment to Emergency Ordinance. 55. Miscellaneous. COUNTY\VIDE PLANNING AUTHORITY 56. Pr~c. dures for Annexation Review Per Chapter 98-484, Laws of Florida. ff~ 91-- 3 A.L- #ZP//It-e #//~4t[ /U?t;( ~ 8ffJr . AGENDA - July 13, 1999 . Page 8 SCHEDULED PUBLIC HEARINGS The Procedure Used by the Board of County Commissioners in Conducting Public Hearings is to Have a StafT Presentat:on Followed by the Applicant Presenting the Specific Proposal. The Board Will Then Hear Comments From tl: ; Proponents Followed by Comments From the Opponents and a Staff Summary. The Applicant Will Then be Given an Opportunity to Close and the Board of County Commissioners Will Decide on the Matter. Please Refer to the Back of Your Agenda Copy for More Details on Guidelines for Time Limitations and Opportunities to Speak. COUNTY'VIDE PLANNING AUTHORITY Consideration of the Following Proposals to Amend the Adopted Countywide Future Land Use Plan: SUBTHRESHOLD AMENDMENTS Case HCW 99-27(OA), Pin ell as County Location - 0.69 Acre - Located on the Northeast Corner of 66th Street North and 123rd 1.. yenue North. Amendment From Industrial Limited to Commercial General or Another .t~ppropriate Designation. C) Case HCW 99-28(OA), Clearwater Location - 12.20 Acres - Located on the West Side of Coachman Road, One- Half Mile North of Drew Street. Amendment From Industrial Limited; Drainage Feature Overlay to Preservation; Drainage Feature Overlay or Another Appropriate Designation. CONSISTENCY AMEl'.TDl\1ENTS 58. a. Case HCW 99-26 (1-36), Tarpon Springs (Note: Areas No.9 and No. 13 have been withdrawn by the City) Location - Thirty-Four (34) Consistency Amendments throughout the Cit)' of Tarpon Springs as Set Forth in Table 1 of the Agenda Memorandum. . . AGENDA - July 13, 1999 Page 9 ~: th:?tJJ;6~~~ /() ~IO~/{) _ 5CREDULED PUBLIC HEARINGS . ~CC ~ t2 ffJJ /~ ~df' ~ cI/P!tf PI '1~i?!1r~-frJCPII V P]9nning and Zoning Application Heard by the Examiner: .~ tt/ PH)J.uZ a. Z/LU-6-4-99 (Continued from June 15, Jt..1e 22, and June 29, 1999 BCC Meetings) Application of Cyrus Joseph Lowrey and Peter A. Cowdrey, Trustee of Cowdrey Living Trust; Cyrus Joseph Lowrey, Representative of Estate of Hertha B. Lowrey and Cyrus Joseph Lowrey through Timothy A. Johnson, Jr., Esquire, Johnson, Blakely, Pope, Bokor, Ruppel and Burns, P.A. for a Change of Zoning from R-3, Single Family Residential District to RPD-IO, Residential Planned Development District, 10 Units Per Acre and PC, Preservation/Conservation and Change of Land Use from Residential l\1:edium to Residential Meclium and Preservation and a Developer's Agreement on Approximately 25 Acres on the South Side of Palmetto Street, 600 Feet West of Belcher Road and North of Marilyn Street (Street Address: 2077 East Palmetto Street). I1f1YM/ti!JI:?$ ~)fb 60. Petition to Vacate Submitted by Jerry P. and Laura J. Sigler, Represented by Dennis R. DeLoach, Jr. of DeLoach and Hofstra, P.A. for a Portion of a 20.0 Foot Drainage Easement on Lot 1, EGRET WOODS, Located in the Northwest 1/4 of Section 30, Township 30 South, Range 15 East. 61. Petition to Vacate Submitted by Dale and Joanna Rueth, Bob and Debbie Gardner, Todd Kaser and Marc Pulley for a Portion of a 30.0 Foot Right of Way Known as Semes Street, South of Block 3 and North of Block 6, ULMERTON SUBDIVISION, Reserving a Drainage and Utility Easement over the Vacated Area, Located in the Northwest 1/4 of Section 11, Township 30 South, Range 15 East. 62. Petition to Vacate Submitted by Stephen and Helen Bender for a Portion of a 15.0 Foot Drainage and Utility Easement on Lot 7, Block 20, BONNIE BAY UNIT 3, PHASE I, Located in the Northeast 1/4 of Section 31, Township 30 South, Range 16 East. 63. Proposed Resolution Granting Preliminary Approval for Replacement of Existing Post Top Lighting Fixtures and Installation of Adclitional Roadway Fixtures in Patty Ann Acres Subclivision Street Lighting District. 64. Proposed Ordinance Creating an Architectural Review Committee for the Preservation of the Historical Nature and Architectural Features of the Old Courthouse. . . AGENDA - July 13, 1999 Page 10 C. CITIZENS TO BE HEARD Any Person Wishing to Speak at this Time (Excluding Issues Previously Acted on By the BCC) Must Have a Card Fill~ j Out and Turned in to Staff at the Administrative Table Located at the Front of the Board Room. 65. COUNTY ADMINISTRATOR REPORTS - None. D. COUNTY COMMISSION 66. Miscellaneous. ADJOURNMENT * * * * Persons are advised that, - if they decide to appeal any decision made at this meeting/hearing, they will need a record of the proceedings, and, for such purposes, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOl\f1\10DATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERT AIN ASSIST ANCE. WITHIN TWO (2) \VORKING DAYS OF YOUR RECEIPT OF THIS (DESCRIBE NOTICE/ORDER) PLEASE CONTACT THE OFFICE OF HUMAN RIGHTS. 400 S. FT. HARRISON AVE., SUITE 300, CLEARWATER, FL 33756. (727) 464-4062 (V/TDDO). PUBLIC HEARING PROCEDURES Public Hearings before the Board of County Commissioners are governed by the provisions of Section 134-30 of the Pinellas County Land Development Code. That code provides that at the conclusion of each person's presentation, any speaker may seek the Chair's permission to ask questions of staff. Specifically: 1. At the conclusion of the presentations by the applicant and any proponents, all affected parties may seek the Chair's permission to ask questions of or seek clarification from the applicant and/or the proponents. .. f . . . AGENDA - July 13, 1999 Page 11 ": 2. At the conclusion of the presentation by the opponents, all affected parties may seek the Chair's permission to ask questions of or seek clarification from any opponent. The applicant's closing comments will address testimony subsequent to their pr~~ntation. Continuing rebuttal of other than directly preceding testimony will not be allowed. Because much testimony has already been submitted in writing, the following guidelines are expected to be sufficient to accommodate efficient presentations: 1. The applicant should present his or her entire case in twenty (20) minutes. 2. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should, to the maximum extent possible, limit their presentation to twenty (20) minutes. It is expected that others in the organization or group will waive their time. 3. All other persons may speak up to a total of three (3) minutes each. JUL-13-1999 10:17 CITY ATTORNEY'S OFFICE . City of Clearwater Interdepartmental Correspondence Sheet 7275624021 P.01/01 COPIES: Leslie Dougall-Sides, Assistant City Attom{f Richard Baier. Public Works Administrator Mike Quillen, Assistant Director of Enginee . g REceIVED JUL t 3 1999 CITY ATTORNEY Fax jI TO: FROM: SUBJECT: Aston Land Company Annexation Agreement DATE: July 9, 1999 As requested, I have reviewed the subject agreement and have two comments. 1. The BtUlexation should include the Palmetto street right-of-way fronting the property, as the right-of-way on either side of this property is currently in the City. Also, the annexation should provide for dedication of an additional ten feet of right-of-way. The right-of-way is presently only 60 feet in front of this property, but is 80 feet on either side. The proposed site plan should reflect proper setbacks from the new right- of-way line. 2. The large wetland area should be zoned "Preservation" when City zoning is assigned. This has been done in the past without affecting the density calculations. Thank you for the opportunity to review this annexation agreement. If you have any questions or need additional information. please call me at x4780 or Mike Quillen at x4743. TOTAL P.01 _learwater City Commission Agenda Cover Memorandum .orksession Item #: Final Agenda Item # Meeting Date: July 15, 1999 . SUBJECT IRECOMMENDA TION: Approve an annexation agreement with the Aston Land Company for property located at 2077 E. Palmetto Street. o and that the appropriate officials be authorized to execute same. SUMMARY: The Aston Land Company has proposed an annexation agreement for the property located on the south side of Palmetto Street, north of Drew Street and midway between Hercules Avenue and Belcher Road. The developer desires to annex into the City to gain sewer and water service. The property is approximately fifteen acres of upland acreage and contains a sizable ten acre wetland area on the southern portion of the site. The Aston Land Company proposes to construct a congregate living facility on the site through Pinellas County's building permit process and initiate annexation upon completion of construction. The City's sewer and water impact fees will be paid by the developer at the time of utility connection. Parks and open space impact fees according to the City's requirements will be paid within thirty days of approval of the City's land use and zoning designations. All costs to extend water and sewer service to the property shall be at the expense of the developer. The proposed agreement states that the City will assign the Residential Medium plan category (15 units per acre) and the Medium Density Residential zoning district to the property. The Annexation agreement further states that should the City not assign this land use plan category and zoning district, the annexation agreement will be repealed. The Planning Department's review of the proposed congregate living facility indicates that it is consistent with that plan category and zoning district for both the use and intended number of beds. In addition, the proposed congregate living facility is .sistent with the development trends in this area of the City. Therefore, based on these reasons, the Planning partment recommends approval of this annexation agreement with Aston Land Company. Reviewed by: Originating Dept.: Planning & Costs: Not Applicable Devlpmt. Services Admin. Legal Info Srvc NI Total A Budget N/A Public Works NI Use' De~ng Funding Source: A Purchas- N/A DCM/ACM Current FY CI ing Risk N/A Other Attachments: OP Mgmt Proposed Annexation Agreement Aerial of site and vicinity Othe r Submitted by: o None City Manager A ro riation Code: .. . . JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III BRUCE W. BARNES JOHN T. BLAKELY BRUCE H. BOKOR GUY M. BURNS JONATHAN S. COLEMAN MICHAEL T. CRONIN ROBERT M. DAISLEY ELIZABETH J. DANIELS MARION HALE JAMES W. HUMANN SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR. AMANDA C. KAISER SHARON E. KRICK ROGER A. LARSON JOHN R. LAWSON, JR.' MICHAEL G. LITTLE MICHAEL C. MARKHAM STEPHANIE T. MARQUARDT F. WALLACE POPE, JR. ROBERT V. POTTER, JR. DONALD P. REED DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL' CHARLES A. SAMARKOS JOHN A. SCHAEFER PIDLIP M. SHASTEEN CLAY C. SCHUETT PIERCY J. STAKELUM IV JOAN M. VECCIDOLI AMBER F. WILLIAMS JULIUS J. ZSCHAU 'OF COUNSEL PLEASE REPLY TO CLEARWATER July 7,1999 FILE NO. 040406.100410 Ms. Cynthia Hardin Assistant Planning Director City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 Re: Annexation Agreement between City of Aston Land Company PLANNING & DEVELOPMENT SERVICES rwa~~LEARWATER Dear Cyndi: Enclosed is a revised copy of the Annexation Agreement. Please note that we have added a sentence to Section 5 of the Agreement addressing the impact fees as suggested by Ms. Dougall-Sides. This letter will also confirm that my client will maintain a 15 foot buffer area between the parking spaces for the project and Palmetto Street. In this 15 foot buffer, we anticipate that there will be a privacy wall, generally located in the middle of the buffer area with landscaping on either side of the wall. We understand that the Annexation Agreement is scheduled for review by the City Commission on July 15. Enclosed is a copy of the most recent conceptual site plan of the project. If you need any additional items in connection with this matter, please feel free to call me. JES/ar Enclosure cc w/encl: 189621 urs, Mr. Matthew Hoffman CLEARWATER OFFICE 911 CHESTNUT STREET POST OFFICE BOX 1368 CLEARWATER, FLORIDA 33756-1368 TELEPHONE: (727) 461-1818 TELECOPIER (727) 441-8617 BANKRUPTCY TELECOPIER (727) 443-6548 TAMPA OFFICE 100 NORTH TAMPA STREET SUITE 1800 POST OFFICE BOX 1100 TAMPA, FLORIDA 33602-5145 TELEPHONE (813) 225-2500 TELECOPIER (813) 223-7118 NAPLES OFFICE 975 SIXTH AVE. S POST OFFICE BOX 1368 NAPLES, FLORIDA 34102 TELEPHONE: (941) 435-0035 TELECOPIER: (941) 435.9992 . . ANNEXATION AGREEMENT THIS AGREEMENT is made on , 1999, between the CITY OF CLEARWATER, a municipal corporation, (City), and ASTON LAND COMPANY, a Florida corporation, or assigns (Owner). RECITALS A. Owner has a contract to purchase the real property described in Exhibit A attached hereto and incorporated herein, located outside the municipal boundaries of the City (Property). B. Owner desires to purchase and develop the Property under the jurisdiction of Pinellas County, Florida (County), as a 488 bed congregate living facility (Facility) substantially as shown on the Conceptual Plan attached hereto and incorporated herein as Exhibit B and then to annex the Property into City. C. City desires to have the Property developed and annexed into its municipal boundaries. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner may take all steps necessary to rezone, permit, construct, and operate the Facility on the Property. 2. City agrees to provide potable water and sanitary sewer service to the Property and Facility, subject to the terms of this Agreement, and to permit Owner to connect to City's existing potable water and sewer line(s) and main(s) (collectively, Utilities) at Owner's expense, at such time as Owner determines it appropriate. 3. Owner shall pay to City upon connection to the Utilities the normal connection and usage charges therefor at the rate charged to properties located within the municipal boundaries of City. 4. After Owner has received from County a certificate of occupancy for the Facility, this Agreement will constitute an application to annex, and City will have the right, upon sixty (60) days written notice to Owner, to initiate action to annex the Property into City. Alternatively, at Owner's option, Owner may petition to annex the Property at such earlier date as determined by Owner. . . 5. Following annexation, the City shall assign to the Property a land use designation and zoning which will be compatible with surrounding properties and use every means available to cause the Facility to be a conforming use. It is anticipated that the City will assign the zoning category of MDR and a land use designation of Medium Density Residential. The City acknowledges that the land use designation and zoning necessary for operation of a 488 bed congregate living facility is compatible with surrounding properties. The ordinance annexing the Property shall provide that if such land use designation and zoning are not assigned for any reason, the ordinance shall automatically be repealed nunc pro tunc its effective date. Thirty (30) days after the Property has finally been assigned the land use designation and zoning required by this Agreement, and all appeal periods have expired, or, if appeals have been filed, been finally determined favorably to Owner, Owner shall remit to City the recreation land and recreation facilities fees which may at that time then be due and owing. The Owner shall pay to the City all impact fees based on meter size and the Owner shall be responsible for paying all construction costs to extend utilities to the Property. 6. This Agreement shall be a covenant running with the land and shall bind and be enforceable against the Owner, its successors and assigns. 7 If either party defaults under this Agreement, and the other party institutes legal proceedings to enforce its terms, the non-prevailing party shall pay all costs of such proceedings including the payment of a reasonable attorney's fee (including paralegal fees and fees on appeal) in connection therewith. 8. City shall not be liable for any damage resulting from any unavoidable cessation of service caused by Act of God, necessary maintenance work, or any cause beyond the control of the City. 9. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at 137 South Pebble Beach Blvd., Sun City Center, FL 33573 or at any other address which may be furnished by the Owner from time to time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida. 10. This Agreement shall be recorded in the public records of County at Owner's expense. 2 . . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be . executed the day and year first above written. WITNESS AS TO OWNER: OWNER: ASTON LAND COMPANY, a Florida corporation Print Name: By: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1999, by , as of Aston Land Company, a Florida corporation, on behalf of said corporation [who is personally known to me][-who produced as identification]. WITNESS my hand and official seal this _ day of ,1999. Notary Public Notary Name (print/type) My Commission Expires: CITY OF CLEARWATER, FLORIDA Attest: By: Michael J. Roberto City Manager Cynthia E. Goudeau City Clerk 3 . . STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this _ day of , 1999, by Michael J. Roberto, as City Manager of the City of Clearwater. He is personally known to me. WITNESS my hand and official seal this _ day of ,1999. Notary Public Notary Name (print/type) My Commission Expires: Approved as to form Leslie Dougall-Sides Assistant City Attorney Exhibit A - Legal Description Exhibit B - Conceptual Plan 180380.~~ 4 II . EXHIBIT "A" Lots 3. 4.5. 13 & 14. in the SE ~ of Section 12. Township 29 South. Range 15 East, Pinellas Groves, as recorded in Plat Book 3. Page 15. of the Public Records of Pinellas County. Florida. rt3l ;n t I~ . . ,.)i. I !; I~ i :r!~ : !: =~ -I; I. :11 ~; ~ tH~ i.~ '~ I:~ !If ~ ;~j~ ... ;1 . ~ i~l. .. ." ~. !J ~ I ; ~ :. . iol · of I I... ! i I I I I I I C1) S- Ii ~ , ~ ~ rr o ::s SJ i: ~. 8- ~, :' 11. , m: ! , ; ,- - r I I I e e :.-:- .-.i'~.---;:.'-:'''''''''''''.'~. . . . .... .. y- z ww -...J-...J I'VN ttj.~ j.~ f CD en . EXHIBIT B . . ANNEXATION AGREEMENT THIS AGREEMENT is made on , 1999, between the CITY OF CLEARWATER, a municipal corporation, (City), and ASTON LAND COMPANY, a Florida corporation, or assigns (Owner). RECITALS A. Owner has a contract to purchase the real property described in Exhibit A attached hereto and incorporated herein, located outside the municipal boundaries of the City (Property). B. Owner desires to purchase and develop the Property under the jurisdiction of Pinellas County, Florida (County), as a 488 bed congregate living facility (Facility) substantially as shown on the Conceptual Plan attached hereto and incorporated herein as Exhibit B and then to annex the Property into City. C. City desires to have the Property developed and annexed into its municipal boundaries. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner may take all steps necessary to rezone, permit, construct, and operate the Facility on the Property. 2. City agrees to provide potable water and sanitary sewer service to the Property and Facility, subject to the terms of this Agreement, and to permit Owner to connect to City's existing potable water and sewer line(s) and main(s) (collectively, Utilities) at Owner's expense. at such time as Owner determines it appropriate. 3. Owner shall pay to City upon connection to the Utilities the normal connection and usage charges therefor at the rate charged to properties located within the municipal boundaries of City. 4. After Owner has received from County a certificate of occupancy for the Facility, this Agreement will constitute an application to annex, and City will have the right, upon sixty (60) days written notice to Owner, to initiate action to annex the Property into City. Alternatively, at Owner's option, Owner may petition to annex the Property at such earlier date as determined by Owner. . . 5. Following annexation, the City shall assign to the Property a land use designation and zoning which will be compatible with surrounding properties and use every means available to cause the Facility to be a conforming use. It is anticipated that the City will assign the zoning category of MDR and a land use designation of Medium Density Residential. The City acknowledges that the land use designation and zoning necessary for operation of a 488 bed congregate living facility is compatible with surrounding properties. The ordinance annexing the Property shall provide that if such land use designation and zoning are not assigned for any reason, the ordinance shall automatically be repealed nunc pro tunc its effective date. Thirty (30) days after the Property has finally been assigned the land use designation and zoning required by this Agreement, and all appeal periods have expired, or, if appeals have been filed, been finally determined favorably to Owner, Owner shall remit to City the recreation land and recreation facilities fees which may at that time then be due and owing. The Owner shall pay to the City all impact fees based on meter size and the Owner shall be responsible for paying all construction costs to extend utilities to the Property. 6. This Agreement shall be a covenant running with the land and shall bind and be enforceable against the Owner, its successors and assigns. 7 If either party defaults under this Agreement, and the other party institutes legal proceedings to enforce its terms, the non-prevailing party shall pay all costs of such proceedings including the payment of a reasonable attorney's fee (including paralegal fees and fees on appeal) in connection therewith. 8. City shall not be liable for any damage resulting from any unavoidable cessation of service caused by Act of God, necessary maintenance work, or any cause beyond the control of the City. 9. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at 137 South Pebble Beach Blvd., Sun City Center, FL 33573 or at any other address which may be furnished by the Owner from time to time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida. 10. This Agreement shall be recorded in the public records of County at Owner's expense. 2 . . IN WITNESS WHEREOF I the parties hereto have caused this Agreement to be executed the day and year first above written. WITNESS AS TO OWNER: OWNER: ASTON LAND COMPANY, a Florida corporation Print Name: By: Print Name: Print Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 1999, by , as of Aston Land Company, a Florida corporation, on behalf of said corporation [who is personally known to me][who produced as identification]. WITNESS my hand and official seal this _ day of ,1999. Notary Public Notary Name (print/type) My Commission Expires: CITY OF CLEARWATER, FLORIDA Attest: By: Michael J. Roberto City Manager Cynthia E. Goudeau City Clerk 3 . . STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this _ day of , 1999, by Michael J. Roberto, as City Manager of the City of Clearwater. He is personally known to me. WITNESS my hand and official seal this _ day of ,1999. Notary Public Notary Name (print/type) My Commission Expires: Approved as to form Leslie Dougall-Sides Assistant City Attorney Exhibit A - Legal Description Exhibit B - Conceptual Plan 180380.03 4 . . EXHIBIT "A" Lots 3, 4,5, 13 & 14, in the SE ~ of Section 12, Township 29 South, Range 15 East, Pinellas Groves, as recorded in Plat Book 3, Page 15, of the Public Records of Pinellas County, Florida. fBl ;n I~ i~ ;0 '.Im ',. en ., ~ ~. . J: i ;i ~~ ~q~ iJ ... i.~ '~ ~::~ no ;:l ;!~I .~ :. . ~ i~ -; .. .= ... 5~ I ; ~ C/) 8" j: W li? ~ rt ..... o ::s ~. ~. p; [ ~ -, CD, -'! PJr i ,- - I I . . .. ....... ..~. . ... 1Ii_. ..... ._, ... y z WW '-l'-l NN ~~ }.cr ~ Ul ! I I I I I I I I I I 'I ExHIBIT B ;. . joi I ~ . I I. L . . MEMORANDUM TO: PAM AKIN LESLIE DOUGAL~ 1J>ES / CYNDI HARDIN ~ ASTON LAND COMPANY ANNEXATION AGREEMENT FROM: RE: DATE: JUNE 17, 1999 Pam, as we discussed yesterday, please find attached the annexation agreement proposed by Roger Larson for the Aston Land Company. I have reviewed the agreement for the planning issues and agree with the proposed Residential Mediwo plan category, MDR zoning district and proposed property use of a congregate living facility at this location. Further, I understand the approximate 15 acre site can accommodate up to 562 congregate beds which is consistent with the number of beds proposed by the applicant. (Bed calculation: 15 acres X 15 units per acre X 2.5 bed equivalent units = 562). I appreciate your putting this on the July 15 City Commission agenda and I have told Roger that date. I also mentioned to Roger that you would contact him directly if you have any specific legal concerns regarding the agreement. I also have the original annexation agreement for signature- please let me know who should get the original and when. I will prepare the agenda memorandum. Please let me know if you need further infonnation from me. lbanks. . . JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. A TTORNE YS AND COUNSELLORS A T LA W E. D. ARMSTRONG III BRUCE W. BARNES JOHN T BLAKELY BRUCE H BOKOR GUY M BURNS JONATHAN S. COLEMAN MICHAEL T. CRONIN ELIZABETH l DANIELS MARION HALE JAMES W. HUMANN SCOTT C. ILGENFRITZ FRANK R JAKES TIMOTHY A. JOHNSON, JR AMANDA C. KAISER SHARON E. KRICK ROGERA. LARSON JOHNR LAWSON, JR. MICHAEL G. LITTLE MICHAEL C. MARKHAM STEPHANIE T MARQUARDT DAVID l OTTINGER F. WALLACE POPE, JR. ROBERT V. POTTER, JR. DONALD P. REED DARRYLR RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL * CHARLES A. SAMARKOS JOHN A. SCHAEFER PHILIP M SHASTEEN CLAY C. SCHUETT PIERCY J. STAKELUM IV JOAN M VECCHIOLI AMBER F. WILLIAMS JULTIJS l ZSCHAU *OF COUNSEL PLEASE REPLY TO CLEARWATER FILE NO. 40306.100410 May 5, 1999 Ms. Cynthia Hardin Planning & Development Services Administration City of Clearwater 100 South Myrtle Avenue Second Floor Clearwater, FL 33756 f ! I k..~ -"-~---.--:?n--p-;.'-" , ,-" , . '-, I . U I[~ '["-""" ~ . ,--- t.:=J I ' ij ,.. II , I , !' ..! MA~,' J /11 i II / L___ 1.--....- PU\'^.JI'\'II!!I'.IIr"r"~ & '. 1,'1'.,-, r'r::\!ELO - U~\I - PMENT SERVICES CITY OF CLEARWATER Re: Aston Land Company Dear Cyndi: Enclosed is a proposed Annexation Agreement between the City of Clearwater and Aston Land Company, which has been highlighted to show the most recent revisions to the Agreement. I have also enclosed a clean copy of the Annexation Agreement for your use in scheduling the matter for hearing. If there are any additional Ite,ms needed in connection with the Agreement, please feel free to call me or my legal assistant, Jayne Sears. RALlar cc: Mr. Matthew Hoffman (w/enclosures) #184613 CLEARWATER OFFICE 911 CHES1NlJT S1REET POST OFFICE BOX 1368 CLEARWATER, FLORIDA 33756,1368 TELEPHONE: (727) 461.1818 TELECOPIER(727) 441-8617 BANKRUPTCY TELECOPIER (727) 443-6548 TAMPA OFFICE 100 NORlH TAMPA S1REET SUITE 1800 POST OFFICE BOX 1100 TAMPA. FLORIDA 33602.5145 TELEPHONE (813) 225.2500 TELECOPIER (813) 223-7118 NAPLES OFFICE 975 SIXTH AVE S POST OFFICE BOX 1368 NAPLES, FLORIDA 34102 TELEPHONE: (941) 435-0035 TELECOPIER: (941) 435-9992 . . ANNEXATION AGREEMENT THIS AGREEMENT is made on , 199~, '~~~eenMf,~ C~F · CLEARWATER, a municipal corporation, (City), and ASTdJlJ.\ utN~MPANY,-a;l : . 'm.... ........--_. ...... _....... _..................... Florida corporation, or assigns (Owner). \ PU\NN\NG & DEVEEsLOPt"crT SERVIC ' \ CITY OF CLEARWATER RECITALS . A. Owner has a contract to purchase the real property described in Exhibit A attached hereto and incorporated herein, located outside the municipal boundaries of the City (Property). B. Owner desires to purchase and develop the Property under the jurisdiction of Pinellas County, Florida (County), as a.130 488 bed congregate living facility (Facility) substantial Iv as showl"l on thE1 ConcGotual Plan attached hereto and incorporated herein as Exhibit B and then to annex the Property into City. C. City desires to have the Property developed and annexed into its municipal boundaries. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner may take all steps necessary to rezone, permit, construct, and operate the Facility on the Property. 2. City agrees to provide potable water and sanitary sewer service to the Property and Facility, subject to the terms of this Agreement, and to permit Owner to connect to City's existing potable water and sewer line(s) and main(s) (collectively, Utilities) at Owner's expense, at such time as Owner determines it appropriate. 3. Owner shall pay to City upon connection to the Utilities the normal connection and usage charges therefor at the rate charged to properties located within the municipal boundaries of City. 4. After Owner has received from County a certificate of occupancy for the Facility, this Agreement will constitute an application to annex, and City will have the right, upon sixty (60) days written notice to Owner, to initiate action to annex the Property into City. Alternatively, at Owner's option, Owner may petition to annex the Property at such earlier date as determined by Owner. 5. Following annexation, the City shall assign to the Property a land use designation and zoning which will be compatible with surrounding properties and use every means available to cause the Facility to be a conforming use. It is anticiiJated tr'l^'t t'.'"!::" ("rh' IM"'I. ;C1:=;-';c'n +"'1'::' 7nrl;nf"l ("':'forl~r;! pf: M. O'R <.::;nd a' I':;ond U<"f.. des,'onat,'o'n of. ~. to.... jIb. \.,.fit'l It? II '....,...,."...!;,J:l.."i. l d '""",,, ':...,1"..1'1 11'''-, ,telt......'" "")1 ~ ...'" ~... (.;;II;, ...) '" . . Medium Densitv Residential. The City acknowledges that the land use designation and zoning necessary for operation of a '130 488 bed congregate living facility is compatible with surrounding properties. The ordinance annexing the Property shall provide that if such land use designation and zoning are not assigned for any reason, the ordinance shall automatically be repealed nunc pro tunc its effective date. Thirty (30) days after the Property has finally been assigned the land use designation and zoning required by this Agreement, and all appeal periods have expired, or, if appeals have been filed, been finally determined favorably to Owner, Owner shall remit to City the recreation land and recreation facilities fees which may at that time then be due and owing. 6. This Agreement shall be a covenant running with the land and shall bind and be enforceable against the Owner, its successors and assigns. 7 If either party defaults under this Agreement, and the other party institutes legal proceedings to enforce its terms, the non-prevailing party shall pay all costs of such proceedings including the payment of a reasonable attorney's fee (including paralegal fees and fees on appeal) in connection therewith. 8. City shall not be liable for any damage resulting from any unavoidable cessation of service caused by Act of God, necessary maintenance work, or any cause beyond the control of the City. 9. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at 137 South Pebble Beach Blvd., Sun City Center, FL 33573 or at any other address which may be furnished by the Owner from time to time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida. 10. This Agreement shall be recorded in the public records of County at Owner's expense. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WITNESS AS TO OWNER: OWNER: ASTON LAND COMPANY, a ._...._.____.__._ Florida corporation Print Name: By: Print N MAY 5 1999 Print Name: 2 Ptfh!'''~.'- .C' . . STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 1999, by , as of Aston Land Company, a .... _... ___..._... Florida corporation, on behalf of said corporation [who is personally known to me][ who produced as identification]. WITNESS my hand and official seal this _ day of ,1999. Notary Public Notary Name (print/type) My Commission Expires: CITY OF CLEARWATER, FLORIDA Attest: By: Michael J. Roberto City Manager Cynthia E. Goudeau City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this _ day of , 1999, by Michael J. Roberto, as City Manager of the City of Clearwater. He is personally known to me. WITNESS my hand and official seal this _ day of ,1999. -_.__.--._-----~---_..-_.._---'- ,-. Notary Public Notary Name (print/type) '\ :.'~""") \ \ l~.rj) !__---------- ! 'U\ ' . !U' '\ \l MiW 5 1999 '.' \ .J , '.m--"'" --~ PLANNlr~G & DEVELOPMENT SERVICES CITY OF CLEARWATER My Commission Expires: 3 Approved as to form Leslie Dougall-Sides Assistant City Attorney . Exhibit A --. L.eqal DEiscriDtion Exhibit B....... Conceptual Plarl 180380.01 . ~. ~;"..~"" ---.~ u i \ ---------.-1 I I ~ I I: - I: I I' i, V[\Y 5 /999 Ii l-.1 / U i L=../ -1 PU\f~:"m~:3 & DEVELOPI,,1ENT SERVICES CITY OF CLEAflWATER 4 . . EXHIBIT "A" Legal Description/Ownership The West 110 feet of Lot 5, in the NW}'4 of the SE }'4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, according to the plat of Pinellas Groves, recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida. and The East 2 feet of the West 112 feet of Lot 5 in the NW }'4 of the SE }'4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, according to the plat of Pinellas Groves, recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida; and Lot 5 in the NW}'4 of the SE }'4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, according to the plat of Pinellas Groves, recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida; less and except the West 112 feet thereof; and Lots 3,4, 13 and 14, in the SE }'4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, according to the plat of Pinellas Groves, recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida. #179061 v2 -100410jsASTON/Legal Des r C..,:,:' Ie:: :.~ f i IliC ! 1 J ! ~-~ ! I "11:>'''''.:1 / ,----------,~,! , <.. ; I! t f~"""'\ ~. ' j. I \ \ \ '... 'I'.. U U: H/JY 5 /999 li...~",/ I ! L______.____.__J f)LA~,:,.m~G & OC:VLLOPMENT SEHViCES Ci1v OF CL E/\HW.i\T[R i , ! ....J Ei'~./t IL t5 t\ .......nll ITI\&IT . ~~ · · r. IflIt I"""lI _ ~ e4MaUlVATWM AMI. ITOAIIWATPI u.rUlIotI 1M MT1..VUl I-NA \ \ , I ., \ \ \ . \ \ \ \ \ I / I I I , I 1 I I I (( \1 I J J I ( ( \ , I na 11110". n.l '.""11 .,.a<:.. , I ----~. - eTa&aT - r--~ C'\ -r. fl) 9 ~~ i? r.,' \\ 0'1 c=: \'~ I \;:::J I', \\!i:-~ \ 0 I~~ \ ' ,'\ ,,-- I. ., \.J1 'l.--o ,i I' c---" \ \ \~ ,,,-_j '\_._~ W -=---, ., - \i . < :\-- i \ ,~-_. , I '1, I., \ "\ 'i J i99::;r \ \ \ \ \ !\ iU W, I I I I \ I ---".~"p-_. RightFAK . 4/6/99 10:41 PAGE 2/5 4ItightFAK 1UJt3 ANNEXATION AGREEMENT THIS AGREEMENT is made on , 1999, between the CITY OF CLEARWATER, a municipal corporation, (City), and ASTON LAND COMPANY, a corporation, or assigns (Owner). RECIT ALS A. Owner has a contract to purchase the real property described in Exhibit A attached hereto and incorporated herein, located outside the municipal boundaries of the City (Property). B. Owner desires to purchase and develop the Property under the jurisdiction of Pinella.s County, Florida (County), as a 4OOA.~Q...bed congregate living facility (Facility) and then to annex the Property into City. C. City desires to have the Property developed and annexed into its municipal boundaries. NOW, THEREFORE, in consideration of the mutual promises contained herein, the pa~ties agree as follows: 1. Owner may take all steps necessary to rezone, permit, construct, and operate the Facility on the Property. 2. City agrees to provide potable water and sanitary sewer service to the Property and Facility: subject to the terms of this Agreement, and to permit Owner to connect to City's existing potable water and sewer line(s) and main(s) (collectively, Utilities) at Owner's expense, at such time as Owner determines it appropriate. 3. Owner shall pay to City upon connection to the Utilities the normal connection and usage charges therefor at the rate charged to properties located within the municipal boundaries of City. 4. After Owner has received from County a certificate of occupancy for the Facility, this Agreement will constitute an application to annex, and City will have the right, upon sixty (60) days written notice to Owner, to initiate action to annex the Property into City. Alternatively, at Owner's option, Owner may petition to annex the Property at such earlier date as determined by Owner. 5. Following annexation, the City shall assign to the Property a land use designation and zoning which will cause the Facility to be abe compatible with surrounding properties and use every means available to establ.ish..cause the Facility to be a conforming use.for.tIJ~City. Ih~ Ci1Y_acknowlE!dgesJhaUh~~nd use. designation and_zoning necessary for operation of a 430 bed cQ[1gregate living facility is com~tible " / ( t1."' .r J 1/ i f'::l ~)t'l") r 1"'1/ /I (.',..f. ~ '~..I (2 s" /tc:,/U~S) !l/IJE ..-~ !2/Jt-tJ>>j//PIt 19/&.. Z.~/at<. ~, /,/ /tk.- . RightFAX . 4/6/99 10:41 PAGE 3/5 4ItightFAX with surrounding properties. The ordinance annexing the Property shall provide that if such land use designation and zoning are not assigned for any reason, the ordinance shall automatically be repealed nunc pro tunc its effective date. Thirty (30) days after the Property has finally been assigned the land use designation and zoning required by this Agreement, and all appeal periods have expired, or, if appeals have been filed, been finally determined favorably to Owner, Owner shall remit to City the recreation land and recreation facilities fees which may at that time then be due and owing. 6. This Agreement shall be a covenant running with the land and shall bind and be enforceable against the Owner, its successors and assigns. 7 If either party defaults under this Agreement, and the other party institutes legal proceedings to enforce its terms, the non-prevailing party shall pay all costs of such proceedings including the payment of a reasonable attorney's fee (including paralegal fees and fees on appeal) in connection therewith. 8. City shall not be liab!e for any damage resulting from any unavoidable cessation of service caused by Act of God, necessary maintenance work, or any cause beyond the control of the City. 9. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at 137 South Pebble Beach Blvd., Sun City Center, FL 33573 or at any other address which may be furnished by the Owner from time to time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida. 10. This Agreement shall be recorded in the public records of County at Owner's expense. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WITNESS AS TO OWNER: OWNER: ASTON LAND COMPANY, a corporation By: Print Name: Print Name: Print Name: 2 RightFAX . 4/6/99 10:41 PAGE 4/5 4ItightFAX STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1999, by , as of Aston Land Company, a corporation, on behalf of said corporation [who is personally known to melt who produced as identification]. WiTNESS my hand and official seal this _ day of ,1999. Notary Public Notary Name (print/type) _ My Commission Expires: CITY OF CLEARWATER, FLORIDA Attest: By: Cynthia E. Goudeau City Clerk Michael J. Roberto City Manager STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of . 1999, by Michael J. Roberto, as City Manager of the City of Clearwater. He is personally known to me. WITNESS my hand and official seal this _ day of ,1999. Notary Public Notary Name (print/type) My Commission Expires' 3 RightFAX . 4/6/99 Approved as to form Leslie Dougall-Sides Assistant City Attorney 180380.01 10:41 4 PAGE 5/5 4It.ightFAX - ~ a. o U .. III CD II ! The Intorm~non cont~lned In this transmission may be attorney!client privieged and therefore I confidential. This information is ,ntended only for the else of tne individual or entity named "bove. I If the readel of this message is not the intended recipient, you are hereby notified that any i disse'i1ination, distrib~tion or copy of rhe communication is strictly prohibited. If you receive this , transmisslo" In error, or if you are net the Individual or entity named ilbove, the receipt of this I transmission is not Intended to anddoes not waiver any privilege. attorneyfclient or otherwise. If I you have ,'eceived thiS communication In error, please notify us by telephone, collect, and return I the original message to LIS <It the above address via US. Posta' Service. You wi!, be reim bursed ! for any postage or any other expense associated with the return of this dOCUMent. Tnar;k y'ou. I I REALESTATE. LITIGATION, TRIAL & APPELLATE . CORPORATE & BUSINESS LAW . BANKRUPTCY & CREDITOR PROTECTION . ESTATE PLANNING & PROBATE . LABOR LAW . FAMILY LAW . INTERNATIONAL LAW COMMERCIAL &B.~'1KINGLAW . CONDOMINlUMLAW . El\iIINENTDOMAlN . ENVlRONME!\'TALLAW PROFESSIONAL MALPRACTICE. TITLE INSlRA."'CE. PATENT, TRADEMARK, COPYRIGHT. PERSONAL INJURY ,. RightFAX ---~ I JOHNSON I ! BLAKELYPOPE . BOKOR RUPPEL & I BURNS, P .A. E. D ARMSTRONG HI UCE BARNES OHNT. BLAKELY RUCE H. BOKOR .iVY M BURNS ONATHAl'\ S. COLEMA.N I ICHAEL T, CRONIN ELIZABETH J DANIELS MARlONEALE J ~l\1ES W HUMAIDl SCOTT C. ILGE NFRITZ. ,'RANK R. JAKES TIMOTHY A WHNSON, J1<.. -';;lJ:ANDA C. KAISER SHARON E. KKCK ROGER A LAF~>ON JOHNR. LAWSO:-i, JR.. MICHAEL G LITTLE MICHAEL C MAII.KEN>'! STEPHANIE T. MARQUARDT [.A \1D J OTTINGER ~. WALLACE FOPE,.JR DONALD P. REED DARRYL B_ RlCHARDS PETER A. RlVELLlNl DENl'\lS G. RePPEL * CHARLES A SA.MARKOS JOHN A SCHAEFER CLAY C. SCHUETT PHILIP M. SHASTEEN PIERCY 1. STAKELUM IV WAN M VECCHIOLI AMBER F WILLIAMS JULIUS 1. ZSCHAU *OF COUNSEL Client Name: oooooc Cli.,nt},laltel Number: ocococ tp-.it '~ {I Ll . 4/6/99 PAGE 1/5 4ItightFAX 10:41 please Reply to Cleurwalel FAX COVER PAGE r::lEio.RViA:EF; CJ~FICE 941 CHF_SHvUT STRE-ET ClEAP',i~""'ITR rLORI[I,<1 JJ?57.1JfJB T ELEPr'ONE: ( :'27) 461-1 ~ 1 a H"J.~SIM 1'_ E: ': i' '27) 441-%1? BAN I\R U p.re ~ i-AC." :1\I'L:': _ " ~2i' I 44 J- :1';4~1 TAl,",PA(J...:=-ICE 1QCNORTrllAI,:;:'fI S'~F1EET, STE '800 TIl.i.1nA, R. OR'O~ ,jJ6):? T~L FFHOr-;E L2!i.25OJ ;,;:,r;SIMilE NJ>,P;,:;:S :)cFICE 97'5 SIXTH ~'WE S "'iA,PLES Fl O?:IDA:;41 c; TEL E~~b~E' (g.:lJ~~!5.CI03~, cACSlil/:IL E !9";'! )aJ5~~992 'J\lrER\,ET' V>,\;"/'r'! JE'PFiRr~'l COM Please De!iver The Fcliowi'1;) Pages:05 DATE: Tuesday, April 06, 1999 10:41:24 AM TO: NAME: Ralph Stone (Business FIRM: City of Clearwater CITY: Clearwater TELEPHONE: FROM: J.;>.yne Sears f FACSIMILE: 562 -4576 PAGES: 04 II PlANNING & DEVELOP ENT SERVICES CITY OF CLEARWATE COMMENTS: Actached is a revised copy of the pertaining to Aston Land Company. additional changes in response to conversation. Please let us kno~ the City. proposed Agreement tc A Tim Johnson has p'opos those you told me bout if chis version is acce J .Lu. ( lu-1~ 14l A."; ;J( #/ ., (t1 . A.'''''::.J:....l..J~ ..'" ,.' 71~ <-- _J' <~ /1?c~ - I /""tl (i? f , ...J.",.. "'.ff t t. 4 I ' "",~, l i' )1 l~7. ~ ;. e .( I ' ;'\.\ /.-../ ' / _~- ( ( ;1 .! t I) . /1 '1'-t~'li~c '~, ~.- /' f:i J 1} ./ 1)" ..,.....\ '" . . ~~ f.fj},t:fCl ~tdndtJJ. /5, '/)3 tk -~I;;m4J t6~ ~~ IU/d& ~1f /trY~ ~ J?J1d~&- ~ -r/ity ~ rfr