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DVA2005-00001A - Staff Report - 3280 McMullen Booth Rd ~ DV A2005-00001A 3280 MCMULLEN BOOTH RD SPINECARE PROPERTIES PLANNER OF RECORD: MHR ATLAS # 190A ZONING: LDR LAND USE: RS RECEIVED: 04/01/2008 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CL W CoverSheet CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: Julv IS, 2008 DV A200S-00001A (Related to DV A200S-00001, ANX200S-02003, LUZ200S-02002 and FLD200S-01014) Spinecare Properties, LLC Deborah L. Martohue, Esquire 3280/3290 McMullen Booth Road F-l CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: EXISTING ZONING I LA.-ND USE: PROPOSED ZONING I LAND USE: PROPERTY USE: PROPERTY SIZE: ADJACENT ZONINGI LAND USE: Review of, and recommendation to the City Council on, a Development Agreement between Spinecare Properties, LLC and the City of Clearwater which provides for the limitation of height and building size; building window shading; buffer areas, including a wall and fence, for specific parking space locations; landscaping; location of specific uses within the interior of the building; operating hours; parking lot lighting; and tree preservation. It sets forth development rights and obligations of the parties pursuant to Florida Statutes Chapter 163 and Community Development Code Section 4- 606. Low Density Residential (LDR) District (City) a..l1d Agricultural Estate (County) Residential Suburban (RS) Classification (City and County) A_P .1....... A...J, Low Medium Density Residential (LMDR) District and Institutional (I) District Residential Low (RL) Classification and Institutional (I) Classification Current Use: 14 attached dwellings Proposed Use: Medical Office 4.S acres North: Low Medium Density Residential (LMDR) District - detached dwellings South: Low Density Residential (LDR) District (City) - detached dwellings and HF, Hospital Facility District (City of Safety Harbor) - assisted living facility Staff Report - Connnunity Development Board - July 15,2008 - DV A2005-00001A - Page 1 of 5 East: HF, Hospital Facility District (City of Safety Harbor) - medical clinic West: Low Density Residential (LDR) District - detached dwellings ANALYSIS: Site Location and Existinl! Conditions: The site is 4.51 acres located on the west side of McMullen Booth Road approximately 500 feet north of Mease Road. The site is occupied by two, one-story apartment buildings with a total of 14 dwellings units. The surrounding area is predominantly developed with single-family dwellings to the northwest, southwest and west, an assisted living facility to the south and medical offices to the east. The majority of the site (4.142 acres) is presently located in the City of Clearwater and is within the Low Density Residential (LDR) District and has a Future Land Use Plan (FLUP) classification of Residential Suburban (RS). The remainder of the site, 0.358 acres, is located within unincorporated Pinellas County and the applicant has petitioned the City to annex it (ANX2005- 02003). This property has a Future Land Use Plan designation of Residential Suburban (RS) and is located within the Pinellas County A-E, Agricultural Estate District. The applicant is concurrently processing a future land use plan amendment and rezoning application (LUZ2005- 02002) with this development agreement to designate the western 2.06 acres of the site to the Residential Low (RL) classification and rezone it to the Low Medium Density Residential (LMDR) District. This case also requests amendments to the eastern 2.44 acres, specifically amending the FLUP to the Institutional (INS) category and rezoning it to the Institutional (I) District. This proposed amendment is scheduled for second and final City Council reading on July 17, 2008. Development Al!reement Request Recommended Findings of Fact The Development Agreement associated with the 4.5-acre site limits the use and development of the subject site to a 45,000 square foot medical clinic for a period of20 years. The Agreement sets forth public and private obligations to ensure that the proposed development will limit the impact on surrounding areas and is in harmony with the existing surrounding uses and public facilities. Furthermore, it designates the Ashland Heights Owners Association, Inc. and Landmark Palms Homeowners' Association, Inc. as third party beneficiaries to the Agreement. Redevelopment of this site shall be consistent with the following conditions of the proposed Agreement: 1. The portion of the property requested to be zoned Institutional (I) will be used for a medical clinic and the portion requested to be zoned Low Medium Density Residential will be used for non-residential off-street parking and provide for drainage and retention; 2. The building will not exceed 45,000 square feet in area and two stories in height (in compliance with City Code); 3. The maximum number of parking spaces shall not exceed 225; 4. All windows on the north and west sides of the building shall be translucent; 5. The owner shall construct a six (6) foot concrete wall with a stucco finish along the north (through Lot 40) property line within the landscape buffer zone between the parking area Staff Report - Connnunity Development Board - July 15, 2008 - DV A2005-0000 lA - Page 2 of 5 and the north property line prior to commencement of any vertical construction. The final location of this wall will be coordinated with the tree preservation plan to preserve all trees with a rating of 3 or higher, and be subject to the approval of the City and consent by the Association, provided it does not constitute a substantial site plan modification. The wall shall be setback from the north property line to provide adequate area to allow maintenance within the boundaries of the property. The maintenance might apply to vegetation or the wall. 6. All walls and fences shall be maintained; 7. Trees shall be installed at a minimum of eight to ten feet in height in accordance with the landscape site plan sheet as approved by the CDB on May 25,2005; 8. All medical imaging shall be conducted within the southern half of the building; 9. The hours of operation shall be between 8:00 a.m. and 6:00 p.m., Monday through Friday and between 8:00 a.m. and noon on Saturday with the imaging center operating later than the rest of the building but with limited staffing; 10. Lighting on the site shall be designed and directed in such a manner that lighting is reduced or eliminated on the west side of the property during non-peak times; 11. At least 57 percent of trees with a rating of 3 or better shall be attempted to be preserved; and 60 percent of all existing trees over 12 inches in diameter with a rating of 3 or better shall be attempted to be preserved; The owner shall submit a tree preservation plan at time of building permit application subject to City approval prior to building permit issuance; and 12. There shall be no residential uses on the property. Additionally, the Development Agreement obligates the City to comply with the following: 1. Concurrently process the Annexation (see case ANX2005-02003) and Future Land Use Plan Amendment and rezoning request (see case LUZ2005-02002) submitted by the applicant for the subject site; and 2. Process site and construction plans consistent with the City's Comprehensive Plan and the submitted Concept Plan; Recommended Conclusions of Law The provisions of the proposed Development Agreement will limit the use and development potential allowed on the site. The restrictions imposed by the Agreement will ensure that the size and scale of the development will be compatible with the surrounding residential and institutional uses. Fencing and landscaping provisions will provide adequate buffering for the adjacent residential property. Furthermore, parking lot location, lighting and business hour restrictions will reduce the impacts of clinic activities on surrounding residential properties. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-606.F] Recommended Findings of Fact The provisions of the proposed Development Agreement will result in redevelopment that is consistent with and further the following goals, policies and objectives of the City of Clearwater Comprehensive Plan: Staff Report - Connnunity Development Board - July 15,2008 - DV A2005-00001A - Page 3 of 5 2.0 Goal - The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 4.2 Objective - All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping 1 tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City. 4.2.1 Policy - All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. 5.0 Goal - The city shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceed the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions ofthe concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law The proposed Development Agreement will result in development that will ensure neighborhood preservation while allowing infill development along McMullen Booth Road. The site will be developed with an institutional use thereby ensuring that public demand for such uses is fulfilled. Landscaping and tree preservation requirements will be met or exceeded and restrictions imposed on allowable floor area will not cause the level of any City services to fall below minimum Staff Report - Connnunity Development Board - July 15,2008 - DV A2005-00001A - Page 4 of 5 acceptable levels. The proposed Development Agreement IS therefore consistent with the provision of the Comprehensive Plan. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on May 1, 2008. Based on the recommended findings of fact and recommended conclusions of law, the Planning Department recommends APPROVAL of the Development Agreement for the site at 3280/3290 McMullen Booth Road, Prepared by: Planning Department Staff: A,'~ kJ. ~ Michael H. Reynolds, AICP Planner ill ATTACHMENTS: Development Agreement Aerial Photograph of Site and Vicinity Location Map Zoning Atlas Map Application S:\Planning DepartmentlC D BIDevelopment Agreements (DVA)IDVA2005-00001A McMullen Booth Road 3280 SpincareIDVA2005-00001A STAFF REPORT. doc Staff Report - Connnunity Development Board - July 15,2008 - DV A2005-00001A - Page 5 of 5 Resume Michael H. Reynolds, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4836 mike.revnolds@mvclearwater.com PROFESSIONAL EXPERIENCE . Planner III City of Clearwater March 2003 to present As a member of the Long Range Planning team, I draft text amendments to the City Code. Review small to large scale development proposals for conformance to the City Code. Prepare staff reports in readiness for department and Community Development Board meetings. Responsible for providing informational assistance to the public and developers concerning development plans. Research land use and assemble planning data. . Executive/Principal Planner Hillsborough County, Florida November 2001 to March 2003 As Citrus Park Village Community Plan Project Manager, worked with citizens and County staff to bring Comprehensive Plan Amendments forward for Planning Commission and Board of County Commissioners approval. Member of the joint Planning Commission-Planning and Growth Management professional planning team to guide the development of a community plan for a 384 square mile land area. Worked with other professional planners to assemble community-based plans within Hillsborough County. As County Brownfields Director, assisted applicants seeking Brownfields designation approvals. Reviewed rezoning proposals. Presided over a meeting with Hillsborough and Pasco counties to discuss annexation issues. . Community Development Director City of Madeira Beach, Florida June 2000 to November 2001 Organized resources to make community development efficient and responsive in a fast-paced tourism-based economic environment. Established procedures to improve the speed of development plan reviews. Introduced a project to develop a community vision. Prepared two successful State grant applications for waterfront recreational site development. Responsible for reviewing coastal construction issues and flood plain management. . Town Planner Town of Hudson, NH September 1987 to June 2000 Updated plan review methods. Managed Impact Fees and Geographic Information Systems development projects. Co-founder and officer of the Hudson Economic Development Corporation. Prepared a successful application for Federal funds to introduce bicycle lanes and sidewalks. Wrote an application for State funds that resulted in the purchase of 393 acres of land for open space protection. Applied for Federal grant funds to redevelop a waterfront park. . Director of Planning & Economic Development City of Somersworth, NH August 1984 to September 1987 Developed a major adaptive use project to creatively reuse a 19th Century textile mill, involving more than 200,000 square feet of building and seven acres of river front land. Prepared three successful Federal grant applications resulting in the award of $230,000 for public facility improvement, historic district development, and recreational park revitalization. Organized the formation of a Chamber of Commerce. . City Planner I City of McAllen, TX September 1983 to August 1984 Downtown revitalization planning and promotion; long range planning, including land annexation; current planning, including site plan and subdivision review. . Planning Assistant City of New Berlin, WI September 1981 to May 1982 Systematically assembled data for the evaluation of existing land use on the Lincoln Avenue Corridor; developed a sign ordinance revision, which was approved by the Common Council and implemented. . Assistant to Secretary of State State Capitol, Hartford, CT February 1977 to August 1980 Personal assistant to Secretary of State Gloria Schaffer; presented a resolution before the State Legislature's Appropriations Committee to preserve a major function of the office. EDUCATION Master of Urban Planning, University of Wisconsin-Milwaukee, 1982 BA; Political Science, Marquette University, 1975 Saint Leo College, 1971 - 1973 LICENSES & CERTIFICATES American Institute of Certified Planners (AICP) ASSOCIATION MEMBERSHIP American Institute of Certified Planners American Planning Association Northern New England Chapter New Hampshire Director, 1994-1995 New Hampshire Planning Association Vice President, 1988-1989 Toastmasters International -,.M. ~ DV A2005-00001A 3280 MCMULLEN BOOTH RD SPINECARE PROPERTIES PLANNER OF RECORD: MHR ATLAS # 190A ZONING: LDR LAND USE: RS RECEIVED: 04/01/2008 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CL WCoverSheet .... Pinellas County Property Appraiser Information: 21 28 16304620000010 Page 2 of5 ~ 21 / 28 / 16 / 30462 / 000 / 0010 16-Hay-2008 JiM SMi th, CFA Pinellas County Property Appraiser 14:56:36 Ownership InforMation I Non-Residential Property Address. Use. and Sales SPINECARE PROPERTIES LLC OBK: 13864 OPG: 0681 2250 ORE..... ST CLEAR.....ATER fL 33765-3305 EVAC: Non-EUAC COMparable sales value as Prop Addr: 3280 HCMULLEN BOOTH RD of Jan 1, 2007, based on Census Trac t : 268. 11 sales froM 2005 - 2006: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp Plat InforMation 1012.004 13.864/ 681 1.350.000 (U) I 1989: Book 102 Pgs 018- 1 12.003 12.477/ 84 725.000 <Q) I 0000 : Book Pgs - 0 10 0/ 0 0 ( ) 0000 : Book Pgs - 0 10 0/ 0 0 < ) 2007 Value EXEMP T IONS Just/Market: 1.037.700 HOMestead: NO Ownership % .000 Govt ExeM: NO Use %: .000 Assessed/Cap: 1. 037. 700 Institutional ExeM: NO Tax ExeMpt %: .000 Historic ExeM: 0 Taxable: 1. 037. 700 Agricultural: 0 2007 Tax InforMation District: C..... Seawall: Frontage: Clearwater View: Golf Course 07 Tax: 20.688. 73 Land Size Unit Land Land Land Front x Depth Price Units Meth 07 Mi llage : 19.9371 1) 0 x 0 7. 00 109.616.0 5 07 Spec ASMt: .00 2) 0 x 0 3.00 71.170.00 S 3) 0 x 0 .00 .00 Without the Save-Our-HoMes 4) 0 x 0 .00 .00 cap, 2007 taxes will be : 5) 0 x 0 . 00 .00 20.688. 73 6) 0 x 0 . 00 .00 Without any exeMptions, 2007 taxes will be : 20.688. 73 Short Legal GEIGER TRACT LOT 1 Description Building Information 1-.H~.1/1 ''It; 1 '711 1 Q'7 1 "l/l-.+t..;_I__; ___"'1__' 0___' OL_' o. 0 1 n ~ I .~ Location Map A PROJECT SITE Owners: Spinecare Properties, LLC Case: OV A 2005-0000 1 A Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LOR (City) To: RL & INS LMOR & I Atlas Page: 190A ... Aerial Photograph Owners: Spinecare Properties, LLC Case: OV A2005-0000 1 A Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LOR (City) To: RL & INS LMOR & I Atlas Page: 190A RS ~ " ::2 '" c c c '" '" '" DOXBERRY CT '" '" '" '" '" .... ;;; '" .... ~ c c c '" c '" '" '" '" '" c '" 00 '" '" '" c 00 ~ '" c '" ~ r- . . ~ . . . IX, INS 3290 . RL . 0 . 0 . :t! 3280 ~ ::0 t:J ~ 3268 3269 ~ .1291 3262 r- 3250 ~ 3263 IX, 3256 3257 0 3253 RS 0 :t! rr INS ::0 .1251 ~ 3251 t:J (,) ~ 3242 Signal '" " ~ ... 3240 MEASE DR c c 8 c c '" GEIGER CT 3048 HAMPTON CT .... '" c '" '" '" c '" i:2 c '" Future Land Use Plan Map Owners: Spinecare Properties, LLC Case: DV A2005-0000 1 A Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RU & INS LMDR & I Atlas Page: 190A I, (___/ !__~-:.._J338 ^- HAMPTON CT ffZ#i-----J o'bo/,' '- -_ ~ 1 r ISl '?JO~, ,I ~ \ / r ob 5', \ 33).. r'\ 1;; r---. '" r- ~_ '---" \_J r~l__ (} "~I \ I N r-g- I I-~ ,___r~, f---, - '" _ _ , -, (-- I ~ : II'" II I gi~--\ l I ",~./"" // L..... ...._~ 0 ...., I l_, I l,""\ I I \\ _, J //-.1 -., \ eo I" .... I .... J .... J I J / L ;' " ./ ~ '"L._J 1.. I '" I __J \ I Rf~i:--! /--! -L-1" '-.J f :L_-1 r~~--! r:~~=I~'e-;~-~_, L_~_J L d 'f;l ~ ~ ,I ..J"....~ I ~II L...._ ~I L~L_.J \ \ - -_;j r---~ c I I ~ I__~ ~J ,_J:>J '" \ \ '~ L_~ _.J ..,.... (\") __.... (::) _~ ~- _~ /' 3090..// r----- -- _;;'. "--.. DOXBERRY CT ~093 r--, I .;;-- _ ----- ~ j"lJ-1 M I "'--- t, \ g 0'\ ~ -:- -~ I I _ -J4. .... 0\ t-... Lr, ,~...r--l -'r_r-~ -__r-:fl 'J I LT, 11 1 -;~~j --.......~ r--r'"8] r~---1?1 '" _'" -.!'__ / I I "l I I n.JVJ I J I '" I I ";.1 ') r->.-'~ I :g'-~rl - L, I r 1 --- r' .""'-"'" ~ I L_ II I I -, , .., '" I , I I I I --, I ' I - I -I I I I I I ~ I -, I -, I 1__1 L._J" I '1 I I I I --~ I r-~ I J L_J l_J ~-- --- L J L J L j ------, I r---' I -I '-----.... I-I l__J - r-----------------I r . I ~ I 1-' L-._1-'_J-___r"L_J--J I I I I, . I I I I r . '__J . . . ...."'..............\ . \.....-:1290 . LMDR i 3280 =4DR I-J I I l _11 A [-'=:"'---1 r-.J L,......J I I ".... .:j268 3t69 J ,--' I 1_, I ( 1 J 326lL J 325~----L__ .r' r-..... I I I L_J I I Ll___1 3250 --1 1 I I __J r:-----, 3291 rJ , -- I I L ..J :----1 [----1 I: I I \ ( ) I , , / r \ " / ) ", '.rzF // " n, / r-' / L I ,I 1 1_...Jl) ,~ ,/ " /' //'~-', " r // " ~ r 1 ) \ I: : I I I I I L____I L____" C-----"3~62 -I r--~ I I L___J ---, I, I ,- I ___J r--------'3?S6 ----1 ,-- C--_J I ,r---I ~ I r-...J I' CI) I IJ .??<n ~ o ~ 3242 Signal //,_..../"') > / / / " r '~ r '......,../ //'\ _,'l- / , ~\J ( , J I ( -( "'l 3Mtr^,../ r--, I L-1 I I I I L_-,~-.J C '" (--1 _J I I I I_'~I..I 'tI-J '" --, I 'j-L I I I I I ,"",-_I I_J ~ c '" 1-1 ,...--- I 1 , I I Lr-..~.J c '" GEIGER CT -, L J ; ~---Tl, I 1 I JJ 1 I ~-L______J 3240 i i ~ 4 ! i s: ~ ~ I""" S] tn o o ~ ;.0 tJ s: o s: ~ r-- ~ tl:J o o ~ ;.0 tJ 3251 3291 3253 ""\ MEASE DR Zoning Map Owners: Spinecare Properties, LLC Case: OV A2005-00001 A Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS(County) AE (County) & 21/28/16/30462/000/0010 LOR (City) To: RL & INS LMOR & I Atlas Page: 190A HAMPTON CT '" '" ,-&-r-, ___dh 1 '" 1 I "" l_, 1 L, : , I , 'I L_J '1_..1 I _J-- r--l r--' ) 1 / 1 ,./ f ,/ : I ~l L ~I L__"",-~J ...._,-~ 1-/-~1 I ~ '" 1 1 1 L~ I , I 'L_J ------, I r--~ I -, l...____~ I-I l__J r-r-----------------I 1 1 - I '--, L--...._J-\_....-____-.r~_j--....l 1 1 I '1 1 1 I - I 1 l__~ . . /\..........'\ . ~....:12~ . . ----, I -~) I-~ 1 1 I 3280 (.-~----"3~62 -I r--~ 1 1 L_ _J r---' ,----- I I I: I' I' I ( )' , , / I '" " / / A:s~isted Hying 3250 r-' ,/ tSr LJ[, facili~ // " /// ,.-, " (, /, " / " ,{ ) ~ I I I I I I I I L____I L____J ---, L. 1 I- I ___J c:=--.:.-.:.~-----=-~56 I I -... 1 1 325~----1 .J~ r-"'--I 1 1 L_~ 1 I Ll___1 -J a. 1:-----, CI) 32'ijI rJ v , " ..... 1 I o L-l ~ 3242 Signal 3240 r--l I L__ 1 1 1 1 I 1 L_.l-{s-.l '" '" (--1 _J I 1 1 1_1'-1..1 ,&-J '" II I '-__..... 1 1 1 1 1 r..1 1 r- l_J --, 1 Ij-L 1 1 1 1 I f"'__' I_~ - '" '" 1-1 ....--- I I 1 I 1 Lr'-~.J '" '" GEIGER CT Medical I L..______.... dffices ill 1 _J 1 1 '--l______J Existing Surrounding Uses ;: o ;: c: l""- I""- ~ I ttI o o :t ~ 3291 3253 3251 MEASE DR Owners: Spinecare Properties, LLC Case: OV A2005-0000 1 A Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/22010100 From: RS(County) AE (County) & 21/28/16/30462/00010010 LOR (City) To: RL & INS LMOR & I Atlas Page: 190A Demolished structure on 3290 McMullen Booth Rd Property to the south Property to the east Existing structures on 3280 McMullen Booth Rd Property to the north Spinecare Properties, LLC DV A2005-00001A 3280 & 3290 McMullen Booth Road Pinellas County Property Appraiser Information: 21 28 16 30462 000 0010 Pm12~r1y_andLand U~~..code descriptions · Bl.liJdingJ . BJlilding2 Building #1 Page 3 of5 21 / 28 / 16 / 30462 / 000 / 0010 :01 16-May-Z008 JiM SMith, CFA Pinellas County Property Appraiser 14:56:36 COMMercial Card 01 of Z IMproveMent Type: Mult Res Apt (4 St Property Address: 3Z80 MCMULLEN BOOTH RD Prop Use: 311 Land Use: 03 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Party Wall Structural FraMe Roo f FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Total Uni ts Continuous Footing Slab on Grade Cone Block/Stucco o None t~one Gable 3: Hip Composition Shingle A....erage Carpet Combination Drywall 10 Heating & Air Heating3:Cooling Pckg Fix tures 30 Bath Tile Electric Shape Factor Quality Year Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation None Average Rectangle Average 1. 985 ZO o o o Sub Areas Description Factor Area Description Factor Area 1) Base Area 1. 00 8.880 7) .00 0 2) Utility .55 170 8) . 00 0 3) Sc reen Po rch .40 no 9) . 00 0 4) Open Po rch .30 516 10) .00 0 5) .00 0 11) .00 0 6) . 00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) ASPHALT 6000SF 1. 15 6.000 10.500 10.500 0 2) . 00 0 0 0 0 3) . 00 0 0 0 0 4) .00 0 0 0 0 5) . 00 0 0 0 0 6) . 00 0 0 0 0 TOTAL RECORD VALUE: 10.500 Building #2 Pinellas County Property Appraiser Information: 21 28 16304620000010 Page 4 of5 21 / 28 / 16 / 30462 / 000 / 0010 :02 16-Ha9-2008 JiM SMith, CFA Pinellas County Property Appraiser 14:56:37 COMMercial Card 02 of 2 IMproveMent Type: Hu1t Res Apt <4 St Proper ty Address: 0 G EIG ER CT Prop Use: 311 Land Use: 03 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Party Wall Structural FraMe Roof FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Total Units Continuous footing S1ab on Grade Conc B10ck/Stucco o None None Gab1e 3: Hip Composition Shing1e Average Carpet Combination D r9l.l.la11 4 Heating & Air Heating3:Co01ing Pckg Fixtures 12 Bath Tile Electric Shape Factor Qual i t./ Vear Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation None Average Rectang1e Average 1.985 20 o o o Sub Areas Description Factor Area Description Factor Area 1) Base A rea 1. 00 3.552 7) .00 0 2) Screen Porch .40 288 8) .00 0 3) Open Po rch .30 144 9) .00 0 4) . 00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) . 00 0 0 0 0 TOTAL RECORD VALUE: 0 Pinellas County Property Appraiser Parcel Information D SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans o SUBMIT APPLICATION FEE $ 1500. 00 CASE #: ,\ '! .2'~l->CC{=~ DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: . Planning Department o 100 South Myrtle Avenue ... ater Clearwater, Florida 33756 -~ Telephone: 727-562-4567 o~ Fax:727-562-4865 o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION DEVELOPMENT AGREEMENT APPLICATION (Revised OS/22/02) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Spinecare Properties, LLC MAILING ADDRESS: 2250 Drew Street, Clearwater, FL 33765 PHONE NUMBER: 727-724-5600 727-432-7100 FAX NUMBER: N/A CELL NUMBER: EMAIL ADDRESS: wshatz@floridaspineinstitute.com PROPERTY OWNER(S): Spinecare Properties, LLC (Must include ALL owners) AGENT NAME: Deborah L. Martohue, Esq. i Martohue Land Use Law Group P. A. MAILING ADDRESS: 2429 Central Ave, Ste 203, St. Petersburg, FL 33713 PHONE NUMBER: 727 - 3 2 1 - 5263 FAX NUMBER: 727 - 321-8584 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 3280 and 3290 McMullen Booth Road, Clearwater, FL See attached Exhibit "A" LEGAL DESCRIPTION: PARCEL NUMBER: 21/28/16/00000/220/0100 & 21/28/16/30462/000/0010 PARCEL SIZE: 4.5 acres (acres, square feet) 45,000 sf of medical clinic - update to DVA 2005-00001 (number of dwelling units, hotel rooms or square footage of nonresidential use) PROPOSED USE AND SIZE: DESCRIPTION OF ANY RELATED REQUEST(S): LUZ2 0 05 - 02 0 02 i ANX2 005- 02 0 03 i FLD 2005 - 01014 (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable documents) '" ~M1~ ~ DvA 2~~'0f;~;;I~~05~4:; D .~~ c,...-") APR 0 j 20mj ~.,i;...':.\:i"i\m'~(;' ".~tt' Aj('i IvH:f'.~i CITY OF ClEARWATE~ B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B) An apelication ir approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): Update Modificatlon to DVA200S-00001 20 Q{ STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED T-EN YEARS o DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; o DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; o INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPME~ PROPOSAL WERE TO BE APPROVED; o ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; o COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4-202.A) o SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G) o Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; Ii e date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities a d services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. T e development agreement shall provide for a cashier's check, a payment and performance bond or lelter of credit in the amount of 115 percent of tI e estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servic s required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complet d prior to the issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development cod Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. i. A description of any conditions. terms, restrictions or other requirements determined to be necessary by the city commission for the public healt , safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental 0 requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition. term or restriction shall not relie e the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof e commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futu e development approvals. the termination of the development agreement, or the withholding of certificates of occupancy for the failure of t e developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure t all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications a e specifically anticipated in the development agreement. Page 2 of 5 - Development Agreement Application - City of Clearwater E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; o COPY OF RECORDED PLAT, as applicable; o PRELIMINARY PLAT, as required; o LOCATION MAP OF THE PROPERTY. o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines.) o GRADING PLAN, as applicable; SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) F. (3C SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all eXisting and proposed sidewalks. approved by CDB May 25, FLD2005-01014 2005 o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of dwelling units proposed; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights Impermeable surface ratio (LS.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. o REDUCED SITE PLAN to scale (8 Y:. X 11) and color rendering if possible; o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 3 of 5 - Development Agreement Application - City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) o LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. o REDUCED LANDSCAPE PLAN to scale (6 Yz X 11) (color rendering if possible); o IRRIGATION PLAN (required for level two and three approval); o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project. o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (6 Yz X 11) (black and white'and color rendering, if possible) as required. I. SIGNAGE: (Division 19. SIGNS I Section 3-1806) o Comprehensive Sign Program application, as applicable (separate application and fee required). o Reduced signage proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801.C) o In dude as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-601 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City r rase ives to visit and photograph the property described in this ppli ti n. LLC STATE OF FLORIDA, COUNTY OF PINELLAS iJl4Zmt-cl and subscribed before me this 31- day of ( ..;>-oO,g A.D. 20p0g to me and/or by , ~o IS personally known has produced ., ~ as identification. Member ~t~hnUL~MAt~ Notary public, , My commission expires: B 1,;;)..0 I dOl( ~<I"" CHRISTIANE MIKHAIL MY COMMISSION /I DD648~lS I Fl. NoI8Iy ~fA..oc. Co. Page 4 of 5 - Development Agreement Application - City of Clearwater L. AFFIDAVIT TO AUTHORIZE AGENT: Spinecare Properties, LLC (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 3280 & 3290 McMullen Booth Road, Clearwater, FL 2. That this property constitutes the property for which a request for a: (describe request) update to DVA2005-00001 approving a 45,000 sf medical clinic with 225 park1ng spaces to modlty the tree preservatlon requlrements, durat10n ot th DVA trom 10 to ~o years, & m1nor tence and wall locat1on modlt1cat1ons 3. That the undersigned (has/have) appointed and (does/do) appoint: Deborah L. Martohue, Esq., Martohue Land Use Law Group P.A. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; B Z, Managing Memb r 5. That site visits to the property are necessary by City representatives in order to process this a plica' n jind the owner authorizes City representatives to visit and photograph the property described in this application; . 6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and corre STATE OF FLORIDA, COUNTY OF PINELLAS sl- 31 day of who having been first duly sworn Before me tile undersigned. an officer duly commissioned by the laws of the State of Florida. on this A1A.n .i'-&LL. c:?OD~ personally appeared Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. My Commission Expires: 6/ d-O I a-o II i?,'I"'~ CHRISTIANE MIKHAIL MY COMMISSION /I DD648}H . Fl. NoIary m.-.r- Co. S:\Planning DepartmentlApplication Formsldevelopment revlewldevelopment agreement application3.doc Page 5 of 5 - Development Agreement Application - City of Clearwater DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated , 2008, effective as provided in Section 5 of this Agreement, and entered into between SPINECARE PROPERTIES, LLC, a Florida limited liability company ("Owner"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ("Council"), the governing body thereof ("City"). R E C I TAL S: A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. B. Under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. ' C. The Owner owns approximately 4.5 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. D. The Owner or its successor desires to develop the Property as a medical clinic with a maximum building height of thirty (30) feet to the top of the roof deck, with a five (5) foot parapet wall for screening, and forty-three (43) feet to the top of the elevator/stair tower, and , generally conforming to the Architectural Site Plan prepared by ARC3 Architecture last revised on April 29, 2005 and date-stamped approved by the Community Development Board on May 25, 2005 ("Site Plan") shown on Exhibit "B" attached hereto and incorporated herein. E. The Property currently has a land use designation of Residential Suburban (RS) and is zoned Low Density Residential (LOR). F. In order to develop the Property, as a medical clinic, the Owner has requested that the City place the following on the Property: (i) a land use designation of Residential Low (5 units/acre) and Institutional (INS), (ii) a zoning designation of LMDR (Low Medium Density Residential) and I (Institutional), all as indicated in Exhibit "8." G. The City and the Owner have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this Agreement in accordance with the Code and the Act. Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Owner shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed twenty (20) years. SECTION 6. Oblioations under this Aoreement. 6.1 Obligations of the Owner 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Owner, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Owner will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of development review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" approved by Developer Order of the Community Development Board ("COB") on May 17, 2005 in case number FLD2005-01014. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the COB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The maximum building square footage shall not exceed 45,000 square feet and shall be developed as a medical clinic. 6.1.3.3 The Building shall not exceed two (2) stories in height, with a maximum building height not to exceed thirty (30) feet to the top of the roof deck, with a five (5) foot parapet wall for screening, and forty-three (43) feet to the top of the elevator/stair tower. 6.1.3.4 The parking spaces on the Property shall not exceed 225 in 3 H. It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation, and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation (collectively "Association"), be third- party beneficiaries to this Agreement. I. The City has found that the terms of this Agreement are consistent with the City Comprehensive Plan and the Code. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. Agreement. The above recitals are true and correct and are a part of this SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Aoreement. "A" is subject to this Agreement ("Property"). The Property described in Exhibit SECTION 4. Ownership. The Property is owned in fee simple by the Owner. SECTION 5. Effective Date/Duration. of this Aoreement. 5.1 This Agreement shall not be effective until the later of the following two (2) three .QLevents: (1) the pending Comprehensive Plan Amendment for the Property for a land use designation of Residential Low and Institutional (INS) becomes effective as defined by Section 163.3229, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code; and (2) f3t-the pending rezoning of the Property for a designation of Low Medium Density Residential (LMDR) and Institutional (I) becomes effectiv&-; and (3) this Aoreement is properly recorded in the public records of Pinellas County and 30 days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606G.2." 5.2 Within fourteen (14) days after the City approves the execution of this 2 number, inclusive of eight (8) handicap spaces. Parking spaces located in the fifty-five (55) foot buffer area on the North side of the building (i) shall be secured by a gate, (ii) shall only allow staff access, and (iii) shall not exceed fifteen (15) in number. 6.1.3.5 shall be translucent. All windows on the North and West sides of the Building 6.1.3.6 The Owner shall construct a six (6) foot concrete wall (with a stucco finish) ("Wall") along the North (through Lot 40) Property line within the Landscape Buffer zone between the parking area and the North Property line prior to commencement of any vertical construction. The final location of this Wall will be coordinated with the Tree Preservation Plan to preserve all trees with a rating of 3 or higher to the maximum extent possible, and be subject to the approval of the City and consent by the Association, provided such location does not constitute a substantial site plan modification requiring COB hearing and approval. To the maximum extent possible, subject to preserving trees with a rating of 3 or higher, the Wall shall be setback from the North Property line to provide adequate area to allow maintenance of the north face of the Wall within the boundaries of the Property. In the event, as a result of the need to preserve an existing tree, necessitating that the Wall be located on or near the North Property line such that in order to maintain the Wall, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.7 The Owner shall construct a six (6) foot vinyl privacy fence ("Fence") on the South Property line prior to commencement of any vertical construction, subject to City approval. In order to maintain the Fence, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.8 The Owner shall construct a vinyl fence of at least six (6) feet in height along the west side of the proposed parking area immediately east of the retention pond area prior to commencement of any vertical construction, and such fence shall be landscaped on the west face with a continuous hedge or non-deciduous vine, in accordance with Section 2-204.C.3 of the Code. 6.1.3.9 The Owner shall maintain the Wall and Fences required by Sections 6.1.3.6, 6.1.3.7 and 6.1.3.8 in good condition and such maintenance, either cosmetic or structural, shall be made promptly and completed in a good workman-like manner. 6.1.3.10 There shall be trees installed at the time of planting that are a minimum of eight (8) to ten (10) feet in height south of the Wall located along the North Property line as described in Section 6.1.3.6 above in accordance with Exhibit "c" containing the Landscape Site Plan & Details date-stamped approved by the COB on 4 May 25, 2005 for purposes of screening and buffering the medical building from the residential homes located north of the Property. 6.1.3.11 All medical imaging shall be conducted on the Southern half of the building. All access ways to the imaging machines and rooms shall be located on the South side of the building.6.1.3.12 The Owner will operate its patient hours in the manner of a typical medical clinic in that the medical clinic will be open from approximately 8 a.m. to 6 p.m., Monday through Friday, and from approximately 8:00 a.m. to 12:00 p.m. on Saturday. The imaging center located on the south side of the building may operate later than the rest of the building, but with limited staff involvement. 6.1.3.13 The Owner shall reduce or eliminate lighting, as allowed by the City. Specifically, the Owner shall reduce or eliminate lighting on the West side of the Property during non-peak times, consistent with safety concerns. 6.1.3.14 The Owner shall attempt to preserve fifty-seven (57%) percent of the total trees on-site with a rating of 3 or better and sixty percent (60%) of all existing trees over twelve (12) inches in diameter with a rating of 3 or better. The Owner shall submit a tree preservation plan at the time of building permit application which will be subject to review and approval by the City prior to issuance of any building permits. 6.1.3.15 to this Agreement. There shall be no residential uses on the Property pursuant 6.1.4 It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation" and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation be third-party beneficiaries to this Agreement. 6.2 Obligations of the City. 6.2.1 Concurrent with the approval of this Agreement, the Council shall promptly process amendments to the land use plan and zoning designation for the Property as set forth in Recital F above, all in accordance with the Code. 6.2.2 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.3 The final effectiveness of the re-designations referenced In Section 6.2.1. is subject to: 6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 5 6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Owner at aOO--the Owner's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right.,.of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Owner's obligations set forth in this Agreement are not followed in a timely 6 manner, as determined by the City Manager, after notice to the Owner and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Owner has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Owner and an opportunity for the Owner to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until twenty (20) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Owner; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Owner from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Owner: Spinecare Properties, LLC c/o William Shatz, Managing Member 2250 Drew Street Clearwater, FL 33765 With Copy to: Deborah L. Martohue, Esquire Martohue Land Use Law Group, P.A. Villages on Grand Central 2429 Central Avenue, Suite 203 St. Petersburg, FL 33713 7 If to City: City Council of City of Clearwater c/o City Manager 112 South Osceola Avenue P.O. Box 4748 Clearwater, FL 33756 8 If to Association: Ashland Heights Owners Assn., Inc. c/o Progressive Management 4151 Woodlands Parkway Palm Harbor, FL 34685 With Copy to: Robert Lapin, President Ashland Heights Owners Association 3309 Waterford Drive Clearwater, FL 33761 and Landmark Palms Homeowners' Association, Inc. c/o Larry Brown 3269 Nicks Place Clearwater, FL 33761 With copy to: John Katopis, President 3007 Geiger Court Clearwater, FL 33761 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. INTENTIONALLY OMITTED. SECTION 15. Minor Non-Compliance. The Owner will not be deemed to have failed to comply with the terms of this Agreement in the event such non-compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. 9 SECTION 18. Completion of AQreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Owner includes the Owner's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Owner and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partiallnvaliditv. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. GoverninQ Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. 10 SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Owner, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. [End of Substantive Provisions, Signature Page to follow.] 11 WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: SPINECARE PROPERTIES, LLC By: William Shatz, Managing Member CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 12 STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this ,2008, by , as of SPINECARE PROPERTIES, LLC, a Florida limited liability company, on behalf of the company, who D is personally known to me or who D produced as identification. Notary Public Print Name: STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this , 2008, by, William B. Horne II, as City Manager of the City of Clearwater, Florida, who D is personally known to me or who D produced identification. Notary Public Print Name: Exhibits: A Legal Description of Property B Site Plan C Landscape Plan 108694.341027 13 EXHIBIT "A" LEGAL DESCRIPTION 14 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated , 2008, effective as provided in Section 5 of this Agreement, and entered into between SPINECARE PROPERTIES, LLC, a Florida limited liability company ("Owner"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ("Council"), the governing body thereof ("City"). R E C I TAL S: A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. B. Under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. C. The Owner owns approximately 4.5 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. D. The Owner or its successor desires to develop the Property as a medical clinic with a maximum building height of thirty (30) feet to the top of the roof deck, with a five (5) foot parapet wall for screening, and forty-three (43) feet to the top of the elevator/stair tower, and, generally conforming to the Architectural Site Plan prepared by ARC3 Architecture last revised on April 29, 2005 and date-stamped approved by the Community Development Board on May 25, 2005 ("Site Plan") shown on Exhibit "B" attached hereto and incorporated herein. E. The Property currently has a land use designation of Residential Suburban (RS) and is zoned Low Density Residential (LOR). F. In order to develop the Property, as a medical clinic, the Owner has requested that the City place the following on the Property: (i) a land use designation of Residential Low (5 units/acre) and Institutional (INS), (ii) a zoning designation of LMDR (Low Medium Density Residential) and I (Institutional), all as indicated in Exhibit "B." G. The City and the Owner have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this Agreement in accordance with the Code and the Act. H. It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation, and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation (collectively "Association"), be third- party beneficiaries to this Agreement. I. The City has found that the terms of this Agreement are consistent with the City Comprehensive Plan and the Code. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and <:>ufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. Agreement. The above recitals are true and correct and are a part of this SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Aqreement. "A" is subject to this Agreement ("Property"). The Property described in Exhibit SECTION 4. Ownership. The Property is owned in fee simple by the Owner. SECTION 5. Effective Date/Duration of this Aqreement. 5.1 This Agreement shall not be effective until the later of the following tv.'o (2) three (3) events: (1) the pending Comprehensive Plan Amendment for the Property for a land use designation of Residential Low and Institutional (INS) becomes effective as defined by Section 163.3229, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code; and (2) fdt-the pending rezoning of the Property for a designation of Low Medium Density Residential (LMDR) and Institutional (I) becomes effective; and (3) this Agreement is properly recorded in the public records of Pinellas County and 30 days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606G.2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Owner shall pay the cost of such recording. The City shall 2 submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed twenty (20) years. SECTION 6. Obligations under this Aareement. 6.1 Obligations of the Owner 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Owner, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Owner will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of development review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" approved by Developer Order of the Community Development Board ("COB") on May 17, 2005 in case number FLD2005-01014. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the COB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The maximum building square footage shall not exceed 45,000 square feet and shall be developed as a medical clinic.. 6.1.3.3 The Building shall not exceed two (2) stories in height, with a maximum building height not to exceed thirty (30) feet to the top of the roof deck, with a five (5) foot parapet wall for screening, and forty-three (43) feet to the top of the elevator/stair tower. 6.1.3.4 The parking spaces on the Property shall not exceed 225 in number, inclusive of eight (8) handicap spaces. Parking spaces located in the fifty-five (55) foot buffer area on the North side of the building (i) shall be secured by a gate, (ii) 3 shall only allow staff access, and (iii) shall not exceed fifteen (15) in number. 6.1.3.5 shall be translucent. All windows on the North and West sides of the Building 6.1.3.6 The Owner shall construct a six (6) foot concrete wall (with a stucco finish) ("Wall") along the North (through Lot 40) Property line within the Landscape Buffer zone between the parking area and the North Property line prior to commencement of any vertical construction. The final location of this Wall will be coordinated with the Tree Preservation Plan to preserve all trees with a rating of 3 or higher to the maximum extent possible, and be subject to the approval of the City and consent by the Association, provided such location does not constitute a substantial site plan modification requiring COB hearing and approval. To the maximum extent possible, subject to preserving trees with a rating of 3 or higher, the Wall shall be setback from the North Property line to provide adequate area to allow maintenance of the north face of the Wall within the boundaries of the Property. In the event, as a result of the need to preserve an existing tree, necessitating that the Wall be located on or near the North Property line such that in order to maintain the Wall, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.7 The Owner shall construct a six (6) foot vinyl privacy fence ("Fence") on the South Property line prior to commencement of any vertical construction, subject to City approval. In order to maintain the Fence, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.8 The Owner shall construct a vinyl fence of at least six (6) feet in height along the west side of the proposed parking area immediately east of the retention pond area prior to commencement of any vertical construction, and such fence shall be landscaped on the west face with a continuous hedge or non-deciduous vine, in accordance with Section 2-204.C.3 of the Code. 6.1.3.9 The Owner shall maintain the Wall and Fences required by Sections 6.1.3.6, 6.1.3.7 and 6.1.3.8 in good condition and such maintenance, either cosmetic or structural, shall be made promptly and completed in a good workman-like manner. 6.1.3.10 There shall be trees installed at the time of planting that are a minimum of eight (8) to ten (10) feet in height south of the Wall located along the North Property line as described in Section 6.1.3.6 above in accordance with Exhibit "e" containing the Landscape Site Plan & Details date-stamped approved by the COB on May 25, 2005 for purposes of screening and buffering the medical building from the residential homes located north of the Property. 4 6.1.3.11 All medical imaging shall be conducted on the Southern half of the building. All access ways to the imaging machines and rooms shall be located on the South side of the building.6.1.3.12 The Owner will operate its patient hours in the manner of a typical medical clinic in that the medical clinic will be open from approximately 8 a.m. to 6 p.m., Monday through Friday, and from approximately 8:00 a.m. to 12:00 p.m. on Saturday. The imaging center located on the south side of the building may operate later than the rest of the building, but with limited staff involvement. 6.1.3.13 The Owner shall reduce or eliminate lighting, as allowed by the City. Specifically, the Owner shall reduce or eliminate lighting on the West side of the Property during non-peak times, consistent with safety concerns. 6.1.3.14 The Owner shall attempt to preserve fifty-seven (57%) percent of the total trees on-site with a rating of 3 or better and sixty percent (60%) of all existing trees over twelve (12) inches in diameter with a rating of 3 or better. The Owner shall submit a tree preservation plan at the time of building permit application which will be subject to review and approval by the City prior to issuance of any building permits. 6.1.3.15 to this Agreement. There shall be no residential uses on the Property pursuant 6.1.4 It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation" and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation be third-party beneficiaries to this Agreement. 6.2 ObliQations of the City. 6.2.1 Concurrent with the approval of this Agreement, the Council shall promptly process amendments to the land use plan and zoning designation for the Property as set forth in Recital F above, all in accordance with the Code. 6.2.2 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.3 The final effectiveness of the re-designations referenced in Section 6.2.1. is subject to: 6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, at 5 the conclusion of such appeal. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Ownar shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Owner at aflG---the Owner's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any "certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Owner's obligations set forth in this Agreement are not followed in a timely manner, as determined by the City Manager, after notice to the Owner and an opportunity to be heard, existing permits shall be administratively suspended and 6 issuance of new permits suspended until the Owner has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Owner and an opportunity for the Owner to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until twenty (20) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Owner; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Owner from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Owner: Spinecare Properties, LLC c/o William Shatz, Managing Member 2250 Drew Street Clearwater, FL 33765 With Copy to: Deborah L. Martohue, Esquire Martohue Land Use Law Group, P.A. Villages on Grand Central 2429 Central Avenue, Suite 203 St. Petersburg, FL 33713 7 If to City: City Council of City of Clearwater c/o City Manager 112 South Osceola Avenue P.O. Box 4748 Clearwater, FL 33756 8 If to Association: Ashland Heights Owners Assn., Inc. c/o Progressive Management 4151 Woodlands Parkway Palm Harbor, FL 34685 With Copy to: Robert Lapin, President Ashland Heights Owners Association 3309 Waterford Drive Clearwater, FL 33761 and Landmark Palms Homeowners' Association, Inc. c/o Larry Brown 3269 Nicks Place Clearwater, FL 33761 With copy to: John Katopis, President 3007 Geiger Court Clearwater, FL 33761 Properly addressed, postage prepaid, notices or communications shalt be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. INTENTIONALLY OMITTED. SECTION 15. Minor Non-Compliance. The Owner will not be deemed to have failed to comply with the terms of this Agreement in the event such non-compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. 9 SECTION 18. Completion of AQreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire AQreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be llsed in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Owner includes the Owner's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Owner and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partiallnvaliditv. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. 10 . SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Owner, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. [End of Substantive Provisions, Signature Page to follow.] 11 . WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: SPINECARE PROPERTIES, LLC By: William Shatz, Managing Member CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 12 . STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this ,2008, by , as of SPINECARE PROPERTIES, LLC, a Florida limited liability company, on behalf of the company, who D is personally known to me or who D produced as identification. Notary Public Print Name: STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this , 2008, by, William B. Horne II, as City Manager of the City of Clearwater, Florida, who D is personally known to me or who D produced identification. Notary Public Print Name: Exhibits: A Legal Description of Property B Site Plan C Landscape Plan 108694.341027 13 . . EXHIBIT "A" LEGAL DESCRIPTION 14 . . Exhibit "A" PARCEL 1: Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, ofthe public records of Pine lIas County, Fl. PARCEL 2: The East 308.25 feet ofthe North ~ ofthe Northwest ~ of the Northwest ~ of Section 21, Township 28 South, Range 16 East, PinelIas County, Florida, LESS the South 208.75 feet, AND LESS the West 84 feet, AND LESS the East 100 feet thereof for road right-of-way. f .. NICKS PLACE 11",/", . ~~ ~ :e ~__M ~~~~ ~0I:tl~ !il:~~ ~~~~ ~ .. '- ~ ~ ~.+<%>".0iJ ;: n . 0 ~ ~ 0 ~ ~ ~ ~ PI lJl" ~~ ~H ir VI () :~ .. 0 q ~ ffi ~: I~ Ii m I.. I:' If. I STAKING SITE PLAN I ~ I :~~=:=u .... 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"-'J~\ '~Asr (t) 124.45'(L)~'/ I \ t i _.' ,- ---------.----- DOXBERRY COURT .--.~._-.~-------_.. .~-._~-~----~-~~ I I I I I I I LOT 42 ~ I II ~~ I /-"~'-"-'" J ,.' .......f..' ~i"-g" \ .. z/~- ,-'. TWIN " I ----.------.~7"'.c--,-;--- i: --- ;fa::-\.: cg,------- .+-. ',....____.___./\ ._'_"_ _ __ L.~Q'!.--.._-.._-..._~~-~' I .g:l\0S \).._...~ \ . \, \ -' __ - ~~ ;:. - ,'I I Vi 6' WOOD fEl'lCE ..:...... " , I I ON LlN( l i .. ' - '. -~-+~,e'-';- ... .~ .1 I HKIGHTS, I P.G. 92, PAGE 64 I NOTE: I WALL SUBJECT TO 'FIELD STAKING LOCATION PER DfIA WPMENT AGREEMENT ASHLAND 38 LOT 35 LOT 39 LOT LOT 41 I LOT..__40 " I // ,'-'" I I .tt11' -'(' ~,: ~~NDSCA;;t~ND UT~~; \ 1(\"__ '~ _ __ , , _...::~_..._/ t I I \ III. ~ I ~ I ., t> ) I !) , -" \ NEwI6' HIGH WALL -,- -- --........+ .-. ... --- ~ASEMEN (PERI PLAT) . __. I ___.. ---- ~: . --;-5~"'''';- -. -il-O,U' ,:f9 I _38.0-- \. 1/ -37.0-~) :./ \,...._// II r36.O-l1 I "'. "-""~// r30'1>>I" I ~ I \ r&2' \ " 1/\/ / II .' '. / < I l \ \ \' ( II ~ , \ / I 24" \ I ~. 7/~~;- .; ~~~:i~t~ ~ 45) I j I) I : d(~ ~ I {..). :b tlJ.l- I (( '-. ' .... ~ ~/ I I I It.- I '\~ '-: :~==I--- 09, ", (/ ( I I ( I ~\j. :~ ~ II ............ '. II II 0(j<:J.~~' <t II l J) \3 "~ = II L 0 ...:p.O' :;.--:l) ~ <(,), \..) 'r zl II ;) \ ~"J'O~ '/ I" NEW We T I II \ ;' ~~1.'6/ ~/ ~ I RETENTION POND II -:::: ~~ ,,~~. p' ~~<,/ TOP EL. = 40.0 II .,,;" --:/ " or ': f~) --- >/ I D.H.IIY. EL =39.50.... " .,,;" , ~,\<(IJ. /.\ ~ .1 S.H. w. EL. =38.0 ~ I 1,\ " >%\%" ~ Ii~ ~,~~ "'// " (LITTORAL SHELF 5, 124 S.F.) (48%) IS ." ,," '!P' ro).\~fI.I}~~'/ ---NEW 6' HIGH' ~ ~"! \:..."".-" ? rV> (-~/ VINYL FENCE 1 ,./ ~ /- ..\,/ _ S. "'8'90'18' "01" . _/ /~~ /-- Y ...---/ /' 1217J:~t=-- - ~- "T. ...::::: -=--.~---- - - ---- - .- /..1- . -----.--------r N. OOOO~12411 E.~-~ .' '-- ~PPR:M 'fjAPPROXIMATE lOP OF )lANK,J--" 52.00 -~.... --_.--<,,_.~ ,,__, ~r---- _ /--~, .-=-, A E BOTTOM OF 8}tlK -'01....-.--- I ..~-' '\ ~-- "L. '. -.....,...--,..----. '\ I /-', L ; i \ -,~/' '}'-,\ . '.APPRQXrfdAlE TOP, OF; BANK...~______ 'f;: '" \ \ '" {.~ 1=' : 12~ f 8,t~;;-f>'--:: i (~13t,.._~~S 'I-.t-;~- 30" \ I /\ 12" \ . I U \ "-+1"-'ilt;1 'CL\)STE:R TWIN CLUS1M- 6' WOOO\'.J~~}. ~_. -.-i..,...~. 1_. /..j. y~. .,~4-+''\)- \.._, -/ .~-~:'..-_- I L -- -.~ 1- ...L .J8> +-.::i -~/ - -\ \ \~r8>_~l_~;' ._- --- _.__...._..1 I '--/"7~"'----'\ \ <g>\ )TW~_'\ : \/ " ./1 \ . 1 \... 'vI 1,0' FLORIDA POWER-_M!a..~~tM[NT (O.R. BOOK ~~93, - -' \. - ' , - ..;?, ,. - -' - - --.---' - - - - - - . - I I +" , "- X \ ~ ) \ ----- / )~ N r9038' Or~W ", 94}.04 I I - '- \ TWIN I \ / r', (\ ' .' ...., .- J \ r -. '\" ( '- " I ,,,.,/ I -'.. -- - ~ I '. / .....--- ')r:: ..// '!.. \ ~ I ..... -'" --- f...... \ .r \ II '--- \, ---~--<~t---/ I 3 \, /' I ,/" I ~~ / ',,- ;/ /-----............. \ ! / \ \\ / . \ ! ~ I I ~ ~ ~ ~ \ s: ~... o~ w ~> g... ,~o.. NEW 8' m LK () ------ . //- META!: SHED ADJA.CENT ASPHALT PAVEMENT NEW 6' HIGH VINYL FENCE LOT LOT 5 LOT 4 LOT PALMS 95, PG. _ _ _....:.... _ __ .____ _ _ "_'_' _ _ __ _ ._ __ _ __ _.___ __ _ .J EX. TREE LEGEND . BAY PARKING LOT INTERIOR LANDSCAPING (10,564 S.F.) (12.39% or V.V.A.) ~ OAK ~+ PINE .+ MAGNOLIA PALM ~ CEDAR I I I I \ MIL ~ _ DRIVE _ ___ _ I ~ ,,~/ -r I ~ ! I \.1 g ~ ~ Q.. ':; ~ Q V> "" (/ ~ ~~ ~:J ) :\\ (\ ; ~ ; \ i i ~ \ \ I \.. '\ ; \ f \\-\ ! \ \! \ \ i \ \' 1 \ ~ ~ ~ u ~ ........~...... '--::,. ~ MEASE DRIVE . . SCALE: 1" = 40' z :I~ s; 00 III tp \C ~ ~\J .. .1 ~ -I a J:iA I~ ~I ,It 2' ..- .x ~ .z 1_ tii I~ .. \I .. .~ ~I 41~ .1. M.. ... ~~ "I t:~ ~~ filii ~y elll ~I ~~ (~ I~ .,t.fJ ~. 2 II a a I. ~~ . ~I Ell III ~I it= AI M .. 011. ~. III .1 ~. .... ~= .,.~ ~I A <I. Z .. .e III Id. II ~~ ~I v. EB #5936 4, ..~ 11 S" ,~ ~-~- -- --------- I !! HES Comm.: Drawn By: Checked By: ~ll J58 E~ J.Y. I !~ I I Issue Date: Revisions: No. Date ! Des~~ iption / i u;;. J: I- <( 0 0 Ol 0 ~ .~ CO co ;:; co Z We:( W ...I~ w ...10 i= ::)0 0::: w ::!i8 a.. 0 oab 0::: a.. ORIGa At ::!ig wo::: 0:::0 RECEn ;D ON <(..J u.. APR 1 ( 20Ga co<C we> N> z.~ -c:: Me 0..0 PlANNING Dr: I\RTMENT WN CITY OF ClE~ lWAlER z: . ~ ~U) ::s w f; :c." A. Z S;! - LLI A. 0- .... .a: en zO - w-l en <I: ....... -I" e:) Q ....~ =w z: - ~~ - ~ ;~ =-= ~ 0 ...I 80 en ..... ~u 'i 40 20 40 o THIS DRAWING IS AN INSTRUMENT. OF SERVICE AND. SHALL REMAIN. THE PROPERTY OF THE ENGINEER, AND SHALL NOT BE REPRODUCED, PUBLISHED .OR USED IN .ANY WAY WITHOUT THE CONSENT or THE ENGINEER. (DCOPYRIGHT 200" NOT PUBLISHED APR 0 8 200fJ. C3.1 RAM A. GOEL, Ph.D., P.E.147431 COPIES OF THESE PlANS ARE NOT VALID UNLESS EMBOSSED WITH THE SIGNING ENGINEER'S SEAL 'i