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DVA2002-10001 Ce t Planning Department 100 ama er Florida 33756 Clearwater, Telephone: 727-562567 u Fax: 727-562-4865 a SUBMIT ORIGINAL SIGNED AND` NOTARIZED APPLICATION l4 SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans J SUBMIT APPLICATION FEE $ 500.00 CASE #:-- DATE RECEIVED: j0)Z_fjj0 1_ RECEIVED BY (staff initia s : "i ATLAS PAGE #: - ZONING DISTRICT: LAND USE CLASSIFICATION: f?I ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22/02) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Clearwater Bay Marina, LLC MAILING ADDRESS: 900 North Osceola Avenue, Clearwater, Florida 33755 PHONE NUMBER: (727) 443-3207 FAX NUMBER: (727) 443-3349 CELL NUMBER: (727) 224-8233 EMAIL ADDRESS: dharrillOyahoo.com I (1 1 V f ' ` ,? PROPERTY OWNER(S): tl(.C1UC OU - AL V (Must include ALL owners) AGENT NAME: MAILING ADDRESS: 900 North Osceola Avenue Clearwater Florida 33755 PHONE NUMBER: FAX NUMBER: B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 900 North Osceola Avenue LEGAL DESCRIPTION: See Exhibit "A" attached to Agreement 09-29-15-02718-000-0130 / 09-29-15-02718-000-0230 / 09-29-15-32184-001-0010 PARCEL NUMBER: 09-29-15-32184-002-0020 / 09-29-15-09252-000-0010 / 09-29-15-32184-002-0011 PARCEL SIZE: 8.89 acres r (acres, square feet) .PROPOSED USE AND SIZE: 154 residential units, 120-slip marina (with 47 slips assigned to residential units), (number of dwelling units, hotel rooms or square footage of nonresidential use) restaurant and retail ship's store DESCRIPTION OF ANY RELATED REQUEST(S): Request for ioint City/Developer improvement of Seminole Boat Landings (approval of a development to include 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 X NO _ (if yes, attach a copy of the applicable document rage _j or o - ueveiopmem m9reemem Hppncanon - Liry or trearwarer 0 0 B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.13) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): ? STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS ? DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ? DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ? INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPMENT PROPOSAL WERE TO BE APPROVED; ? ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ? 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) ? 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) ? 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; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed 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 code. 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 health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to 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 relieve 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 be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, 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 goveming the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. Page 2 of 5 - Development Agreement Application - City of Clearwater 0 • E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; ? COPY OF RECORDED PLAT, as applicable; ? PRELIMINARY PLAT, as required; ? LOCATION MAP OF THE PROPERTY. ? 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.) ? GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? 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. ? 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 (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8'/1 X 11) and color rendering if possible; ? 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 0 0 G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? 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. ? REDUCED LANDSCAPE PLAN to scale (8'%X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? 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 Residential Infill Project. ? BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if possible) as required. 1. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801.C) ? Include 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 4-801 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 representatives to visit and photograph the property described in this application. CLEARWATER BAY MARINA, LLC Sign a of propeffy owner or representative By: Donald L. Harrill, as member of Florida Marine Developers, LLC., member of Clearwater Bay Marina, LLC. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this r t? .. day of ?{ QU 2JMh? ti A. D. 20D3= to me and/or by who is personally known has produced as identification. "ivjO J\?-Nhtid A __ Notary public, MY psi, SU L MOODY My commission e pi s?_ MY COMMISSION # CC 958930 ;pd oo rEnN Npryt Public nderwrfters Page 4 of 5 - Development Agreement Application - City of Clearwater -- -a- - - 48 L. SIGNATURE; t, thm undersigned, acknowledge that all representations Made in this application are true and accurate to the beet of my knowledge and authorize City repreasntetlves to visit and photograph the property described in thlb application. Signature of property owner or representative M. AFFIDAVIT TO AUTHORIZE AGENT: f 1. That (I amlwe are) the owner(s) and record We holder(s) of the following described property (address or pefteml location): Fft> 2• That this property constitutes the property for which a request for a: (describe ,request) r v 3. That the undersigned (has rave) appointed and (does/do) appoint- <-74, low " as (hi8/thell) agent($) to execute any patitlons or other documents necessary to offset such petition: 3. That this affdavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described propeny: a. That the ippllcarlt acknowledges that all impact fees (parks and recreation, traffic, etc.) will be paid PRIOR to the issuance of a building permit certificate of occupancy, or other mechanism, whicAMf aeeura Arstl 5• That site visits to the property are necessary by City representatives in order to'process this application and the owner authorizes ¢ity mpresentatim to vials and photograph the proplOny Oeserided in this application; -.0%vatua. 6. That (I/we), the undersigned authority, hereby certify that the foregoing Is trued correct. STATE OF `SCa? i n ` COUNTY OF MN666ht3 ., 1-L hG OFyy+ ?peOtU?''- Before me the undersigned, an officer duly commissioned by.the laws of the State of Florida, on this `5?.. day of S1 er personally appeared who halving been first duly sworn Deposes and says that he/she fully understands the contents of a affidavit that he/she signed, My Commission t?xpires: S:IP/OAnMp pspartrnenrlApplicellon Fomaaldevelepment laviewleomprehensIVp /nr11I pppliceticMdoc Page 6 of 6 - Flexible Development Applioatidn • Comprehensive 114f Ill %development Project- City of Clearwater STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and aubsoribed before me this' day of A, D, 20,_? to me and/or by who Is personally known has pro uced as identification. Notary public, , My commission expires: 0 • CLEARWATER BAY MARINA, LLC DEVELOPMENT AGREEMENT SUPPLEMENTAL SUBMITTAL REQUIREMENT (SECTION 4-606.6) 1. The requested duration of the proposed development agreement included within this application is for a period of ten years. 2. The project shall be serviced by both Fort Harrison Avenue and Osceola Avenue and no additional transportation improvements will be required for the development. Additionally, the development will receive water and sewer service from the City of Clearwater Utilities Department. Both fire service and police protection shall also be provided by the City. 3. The project shall consist of 154 residential units, a 120-wet slip marina (with 47 slips being designated for the residential units and the remaining 73 slips being operated as a public marina, a restaurant, a ship's store and marina office, a pool, clubhouse and amenities, and related uses. There shall be a maximum of 7,500 square foot gross floor area in those buildings used for non-residential uses. There shall be a maximum of 190,357 square feet gross site area building coverage and the height of the two proposed condominium towers shall be 150 feet to the top floor ceiling elevation, plus an allowance for site grade differential due to the significant sloping of the site, all is measured above the base flood elevation ("BFE"). 4. The subject property is designated "CBD", Central Business District, on the County wide comprehensive plan and is presently zoned "D", Downtown District, under the City's Community Development Code. No zoning district changes, code amendments, or land use changes will be required for the proposed development. 5. The zoning and land use categories of all adjoining properties are included in the site plan submission accompanying this application. 6. The complete names and addresses of all the owners of the properties abutting or aligning within 200 feet of the subject party are also included with the site plan application. NOV 19 '02 06:18PM DENISE" WILLIAMS SENT BY: FIGURSKILHAARILL; 727 9443711; NOV*2 16:38; L. AFFIDAVIT TO AUTHORIZE AGENT; (Names of all property owners) 1. -'hat 0 am/we are) the ownef(e) anti record We holder(s) of ttw following deacrtbad prooody (address or general lorav on): r 2. That this property GOntltt w" the property for 1Nhlaft a request for a: (desorIbe requast) P.2 PACE 2/2 3. That the undersigned (hWhavo) OPPOinted and (doWdo) appoint: e1r ?' - '?N'-4 c ?? GJ as (htaltliair) Avert(s) to exewuto any patiWm4 or vsrw dwuments nscasseq to affect ouch Wition, 4. That this affidavit hag been awcuted to IAduce the .?Zy of Clearvoew, Florida to Consider and act on the above deser bW property; 8. That su visits to the prwwmy are nowsoary by C* represenixtiros to order to process represwriUldves to Y181t and photOsraph the pmparty assaibed In this application; S. That PAW), 11118 undersigned authority, hereby certify that the foroi;NAO is true VW COUNTY OF; G111il cGAnrv, 4 ro nm the onasisignad, an 911ker duty WifflFnim UV r , partroaalty ttppil and Deposes and says that h"he tyity understands the nay conlmisaion Eapthag; ti4 2 z STATE OF and the Owner authaftes City MW 6J f^.aAtfO.v of Flvrds, on this 5:1PA1Af1MQ OsDartrTSrrrAAvA!?OOtfon FoMWW@w(GA+nalrf re+f6w##W1vpWt pirme rani e0eNa0aon3.doc _ day of 6wom Notary peps 5 of 6 - Devefvpment Agreamern AP.01"tion - Ck of Cloaiwater EL REEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of , 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 2435 U.S. Highway 19, Suite 350, Holiday, Florida 34691 hereinafter referred to as "Clearwater Bay". RECITALS: A. The City previously issued development orders for the Clearwater Bay Marina Project authorizing the development of the property described in Exhibit "A" by Clearwater Bay in accordance with the requirements of City's Land Development Regulations; and B. Subsequent to the approval of the development order, the City and Clearwater Bay have identified the necessity for certain enhancements and improvements to the City owned property adjacent to the Clearwater Bay Marina project which is commonly referred to as "Seminole Boat Landings" and these improvements will serve to benefit the citizens of the City of Clearwater and at the same time enhance the waterfront properties along Clearwater Harbor within the Downtown Development District ; and 1 ?? G3?1ff4 C. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Boat Landings, serving the citizens of Clearwater; and D. Through its redevelopment plan the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and E. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst for future redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and F. In recognition of the numerous benefits associated with the Clearwater Bay Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the-landscaping, expansion, beautification, and.. improvement of-the Seminole- Boat Landings which is currently operated by the r Clearwater Bay Marina on behalf of the City under separate agreement; and G. The City and Clearwater Bay entered into negotiations in order to identify desired improvements and additions to the Seminole Boat Landings property and to 2 MMITV establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and H. As a result of these negotiations the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development rights afforded Clearwater Bay by the City and to address the redevelopment of the Seminole Boat Landings property; and 1. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development agreements in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and J. Both the Act and Article 4 - 6.06 of the Clearwater Community Development Code, attempt to assure developers, upon receipt of all development permits, that development may proceed in accordance with the existing laws and policies subject to the conditions of a development agreement; and, K. Clearwater Bay and the City desire to enter into this written agreement setting forth the terms and conditions of subsequent development approval for the property- j described in -Exhibit "A" and the specific requirements and timetables for the improvement of public facilities which will be part of the redevelopment project for the Clearwater Bay Marina property in accordance with the provisions of the Clearwater 3 G?pff? r • Comprehensive Plan and the Clearwater Land Development Regulations; and L. Clearwater Bay Marina is the fee simple owner of 8.89 acres of land situated within the City of Clearwater and located east of Osceola Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The parcel is to be developed for residential condominiums, townhomes, retail, restaurant, office, and like uses; and M. Clearwater Bay desires to develop the property in a scheme more particularly described and depicted on the plan attached hereto as`Exhibit"B" ("Redevelopment-Plan"). The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the Redevelopment Plan and City may provide terms and conditions governing such actions; and N. A public purpose exists for the development of the Property as provided in the Agreement in that the Agreement will ensure the redevelopment of real property within the City of Clearwater along with concomitant tax revenue and creation of business and associated employment in the downtown Clearwater area. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE It is the purpose and intent of this Agreement to set forth the terms and conditions 4 DMIH which identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements which are desired by the both the City for the benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with its development . This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and condi- tions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS 1. Recitation of Facts and Mutual Commitments. The above recitations are true and correct and are incorporated herein by this reference. 2. Recital. The development conditions as enumerated in this Article are those characteristics which City agrees to approve by and through the site plan approval process, assuming that Clearwater Bay meets the conditions set forth in this Development Agreement, and with which Clearwater Bay agrees to comply. Both parties hereby agree to implement these conditions by their respective actions. 3. Legal Description and Ownership. The Property to which this Agreement 5 M?pH applies is legally described in Exhibit "A", which is incorporated herein by reference. Clearwater Bay is the owner of the Property. The Property is designated "D", Downtown Development District on the Countywide Comprehensive Plan and is presently zoned CBD, Central Business District under the City's Community Development Code. 4. Effective Date of Development Agreement. The effective date of this Sj Development Agreement is the thirt?f[rst day following the date this Development Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. 5. Duration of Development Agreement. The duration of this Development Agreement shall be?t_en (1-0) years from,-the Effective Date hereof:.-The duration of this Development Agreement may be extended upon the agreement of both parties and approval by the Clearwater City Commission following a public hearing in accordance with Florida Statutes Section 163.3225. 6. Development Approval Process. Development for the Property shall be examined for approval and approved, if at all, in compliance with the Approved Plan and this Development Agreement. In the- event of_a <coriflict b tween the_Ap_p_roved Plana and this Development Agreement, this Development Agreement shall control. No amendment of any regulation, code, ordinance, or policy of general application in the City adopted subsequent to the Effective Date of this Development Agreement shall preclude the type of use or amount of floor area set forth in the Approved Plan. 6 MMIffv • • 7. Required Permits. The following department permits are required to be approved for development of the property: Site plan approval; Southwest Florida Water Management District permits; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agreement. 8. Development Uses Permitted:'Development uses permitted on the Property shall be limited to the following uses consistent with the Approved Plan: 187 residential condominiums, 24 townhomes, 136 wet slip marina, restaurant (s), retail, office, and like uses; a maximum of 15,000 square-foot gross floor area of non-residential uses to be constructed in two (2) phases and maximum of gross site area building coverage development, to be built in two (2) phases. Maximum .permissible height shall be one hundred sixty eight feet. (168'). i 9. Setbacks. The minimum setback requirements for principal and accessory structures shall be as specified for the CBD, Central Business District, zoning district. 10. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 11. Utility Installation: Site Lighting. Clearwater Bay shall install all utilities 7 MMIT? underground where practical and shall screen all utility facilities. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 12. Parking. Clearwater Bay shall provide parking on the Property pursuant to the Approved Plan consistent with all provisions of the technical building codes in effect at the time of application for the building permit for those improvements. X13. -City Cooperation. City shall cooperate with Clearwater Bay in any reasonable manner such that both Clearwater Bay and City can comply with the terms i of this Agreement. Specifically, as long as Clearwater Bay proposes development improvements consistent with this Agreement, City will; join-in any drainage permit--but -7 05 ? ?a-pplications _or.:_other--s-imilar permit-- -permit applications; as need to complete the scheme anticipated herein; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE III. REDEVELOPMENT OF SEMINOLE BOAT LANDINGS 14. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminole Boat_ Landings propert y shall be reconfigured, resurfaced and- restriped by the Uky City 1h general conformity with the Site Plan attached hereto as,Exhibit "C". In addition the -- -- ?_ _Y improvements shall include amongst other items the construction of public restroorns to serve the citizens utilizing the Seminole Boat Landings. These improvements shall be 8 U'?3C?ff4 provided by the City and shall be.,commenced --at such- time as -Clearwater Bay commences construction on the adjacent property for its restaurant, condominium and/or ship's store/marina office. The-cost_of _the improvements to-the- parking area and they construction of the restrooms shall be the-sole responsibility of the City. - 15.-- Landscaping and-Amenities. The-landscaping piano entry signs and-amenities shall be installed by the City prior to completion of the reconfigured parking area but no later than the issuance by the City of a certificate of occupancy to Clearwater Bay for the e7Th?' restaurant condominiums and/or ship's store/marina office on the adjoining propY costs of the landscaping, entry signs and amenities shall be paid fifty percent (50%)-by the I\-.-- _ - I City and fifty percent (50%) by_ Clearwater. Bay.. _1 (?, f1?,?? sR fi? 16. ?L-ightinq:?The City, at its costs, shall be responsible for installation and J operation of decorative lighting of the Seminole Boat Landings sufficient for adequate security and-consistent?with both"the req-uirements and design standards-of-the attached -_? Site_.Plan..and-anYapplic-.applicablecodes. L 17!:- -Expansion: -The parking areas will be expanded by the City in accordance with the attached site plan to include the property located on the east side of the existing Clearwater Theater property, which property is more fully described in iAttachment? 1" to -ExYiiliit". In addition the parking area will also be expanded into that area on the south ide of Seminole Street currently occupied by a wooden structure, which area is more specifically identified as Attachment "Z'-to xhibit "C".. The City will be responsible for all costs associated with this expansion including the?elocation and removal of the_existing) -wooden structure -in a timely manner-in order that the expanded parking spaces 'in both- j c? e 4w?`-- IMIw DG?aC?? 7 l.1 Y? areas may be paved and landscaped at the same time the existing lot is reconfigured and improved. 18.,Availability of Spaces. Upon completion of the improvements required herein, all non-boat parking spaces shall be available for use by Clearwater Bay for its none residential development at all times of the day. In addition, after 5:00 p.m. of each and every day and through 1:00 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. , however, the parking for the Clearwater Theater, as depicted upon the attached ite Plan, shall not be available to Clea 11'' rate III Bay-YAI J I'nQO ress written permission Aof the Clearwater Theater. V `U- ? Ae .. I?? I/? 19. Perimeter Fencing. If C e Ater Bay so elects it may, but shall not be D ?. re ired to, proceed with fencing the perimeter of the Seminole Boat Landings as depicted 0th e attached Site Plan in order to provide appropriate security for the facility and ining properties. However, such fencing may not interfere with the hours of operations e property as established by the City from time to time. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. 20.,-Impact-Fee .Credits.-Clearwater Bay shall be entitled to a credit against any ti City recreation or park impact fee levied against new development for any and all monies or funds which Clearwater Bay expends pursuant to its obligations in paragraph 15. above. In the event recreation impact fees have previously been paid by Clearwater Bay ?61 then said credit shall take the form of reimbursement by the City to Clearwater Bay. vu(tJ 21. Mairifenance. Thee City shall be responsible for the maintenance of the 7 _ I 10 MMIR Seminole Boat Landings property including the maintenance of signage, restrooms, docks, entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also be responsible for removal of all solid waste, trash, rubbish and environmental contamination from the Seminole Boat Landings property. The City-shall pay-all -fees--associated with electrical -service ,-Water and wastewater- fees and solid waste disposal,services_for-the-Seminole-Boat-Landings property. 22. Operation. The City will enter into an Operations Agreement in a form as attached hereto as Exhibit "D" with Clearwater Bay providing for the operation of the Seminole Boat Landings in conjunction with the marina operations conducted by CP\ Clearwater Bay on it adjacent property. ARTICLE IV - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 23. Completion Requirements and Guarantees - It is agreed and understood that 9-- certificate -of occupancy-for- any -structure shall Abe issued=-by- the-:City for -the_? development until such time as any impact fees required to-be-paid prior to such issuance shave been paidiby Clearwater Bay. 24. Effect of Breach or Default - Clearwater Bay understands and agrees that the execution and performance of this Agreement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy 11 MM&H 0 0 of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this agreement. 25. Clearwater Bay's Right to Cure - Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice GIL - from the City of the alleged non-compliance or default is given to Clearwater Bay followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. COLM7VIC-1 26. Relation of this Agreement to Site Plan or Zoning Approval - Although it is currently contemplated the property will be developed in accordance with the zoning approval, amendments to the zoning approval which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's Land Development Regulations without the need of amending this Agreement. ARTICLE V - MUTUALLY BINDING GENERAL PROVISIONS 27. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 28. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the improvement of the Seminole Boat Landings, all as more specifically provided below. No other offset, waiver or reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and 12 D 0 0 any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 29. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 30. Consistency with Comprehensive Plan and Land Development Regulations. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and land development regulations. 31. Amendment: Cancellation. This Development Agreement may be amended or canceled by mutual consent of the parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 32. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. 13 MMMU • • Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR CITY: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: r64,1? 1. Director of e a ress I OD S - ?[ CA Y- r, 3 ? FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: J. Ben Harrill 2435 U.S. Highway 19 North Suite 350 Holiday, FL 34691 33. Successors Bound. This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 34. Failure of Development Agreement to Address Restrictions, Etc. The failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 35. Recordation. Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen 14 MMMU 01 - .. 0 0 (14) days after the Development Agreement is recorded. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 36. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission- has held a public hearing, with notice mailed to Clearwater Bay of specific agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and 15 DMpff4 (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective 16 DG'sIH 1.0 - -.. 0 0 Date of this Agreement; (e) City's Land Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 37. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 38. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon thirty (30) days' notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a 17 D?pff4 0 0 development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non-compliance City's action shall become null and void. 39. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 40. Drafting of Development Agreement. The parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 41. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral orwritten. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 18 00 C3Mv • • 42. Counterparts - This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 43. Gender - Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 44. Severability - In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the terms "failure of consideration" shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 45. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 46. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred 19 MMIN DEVELOPMENT AGREEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of , 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 900 North Osceola Avenue, Suite 350, Clearwater, Florida 33755 hereinafter referred to as "Clearwater Bay". RECITALS A. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Street Launch Ramp, serving the citizens of Clearwater; and B. Through its Periphery Plan, the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and C. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating Z R ' NOV 1 8 2002 existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst forfuture redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and D. In recognition of the numerous benefits associated with the Clearwater Bay Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the landscaping, expansion, beautification, and improvement of the Seminole Street Launch Ramp which is currently operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and E. The City and Clearwater Bay entered into negotiations in order to identify desired improvements and additions to the Seminole Street Launch Ramp property and to establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and F. As a result of these negotiations, the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development rights and obligations of Clearwater Bay by the City and to address the improvements to the Seminole Street Launch Ramp property; and G. The.Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development 2 I I & 0 agreements in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and H. The Clearwater Bay Marina consists of 8.89 acres of land situated within the City of Clearwater and located west of Fort Harrison Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The Property is to be developed for residential condominiums, townhomes, retail, restaurant, and a Marina and associated offices; and 1. Clearwater Bay desires to develop the Property as describe and depicted on the plans prepared by Florida Design Consultants, Inc. entitled "Clearwater Bay Marina" Sheets I through 6 and dated November 18, 2002, together with the plans prepared by Gillett & Associates entitled "Clearwater Bay Marina" Sheets a101 through a304 and dated November 18, 2002 ("Approved Plan"). The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the Periphery Plan and City may provide terms and conditions governing such actions. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE It is the purpose and intent of this Agreement to set forth the terms and conditions 3 0 0 for the redevelopment of the Property and to identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements for the benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with its development. This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and conditions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS 1. Legal Description and Ownership. The Property to which this Agreement applies is legally described in Exhibit "A", which is incorporated herein by reference. Clearwater Bay holds the development rights to the property along with an option to purchase and is the developer of the Property. The Property is designated "CBD", Central Business District on the Countywide Comprehensive Plan and is presently zoned -"D", Downtown D istrict u nder t he C ity's C ommunity D evelopment C ode. T itle to t he real property is in Decade 80 - XIV. 2. Effective Date of Development Agreement. The effective date of this Development Agreement is the thirty-first day following the date this Development 4 0 0 Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. Furthermore, prior to Clearwater Bay's commencement of any construction authorized hereunder, Clearwater Bay may formally abandon this Agreement by providing the City written notice sent to the City Manager of Clearwater Bay's decision to abandon development under the terms of the Agreement. Upon the submission of such notice in accordance with the notice requirements contained herein, this Agreement shall be deemed abandoned and of no further force or effect, and each party shall be relieved of any obligation hereunder. 3. Duration of Development Agreement. The duration of this Development Agreement shall be ten (10) years from the Effective Date hereof. 4. Required Permits. The following permits are required to be approved for development of the property: Site plan approval; Florida Department of Environmental Protection permits or exemptions; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agreement. 5 0 0 5. Uses Permitted. Uses permitted on the Property shall be limited to the following uses consistent with the Approved Plan: 154 residential units, a 120 slip marina (with 47 marina boat slips being assigned to the residential development and the remaining 73 being operated as a marina), a restaurant, a ship's store and marina office, a pool 7 S*n clubhouse and amenities, and related uses. There shall be a maximum of 1 square- fo@t y gross floor area in +tkeee building/ used for es. The project is to be constructed in two (2) phases with the a building permit being issued and construction of first phase commencing within twenty-four (24) months of approval of the Development Agreement by the City. Construction for the second phase shall commence within one year of the completion of the first phase. The entire project will be completed within eight (8) years from commencement of development. 6. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 7. Utility Installation; Site Lighting. Clearwater Bay shall install all utilities underground except as where otherwise approved by the City due to environmental or other site constraints. Any above ground utilities shall be screen as required by the Community Development Code. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 8. Parking. Clearwater Bay shall provide parking on the Property pursuant to the Approved Plan. 6 • • 9. City Cooperation. City shall cooperate with Clearwater Bay in any reasonable manner such that both Clearwater Bay and City can comply with the terms of this Agreement; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE III. REDEVELOPMENT OF SEMINOLE STREET LAUNCH RAMP 10. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminole Street Launch Ramp property shall be reconfigured resurfaced and restriped by the City in general conformity with the Site Plan attached hereto as Exhibit "B". In addition the improvements shall include amongst other items the construction of public restrooms to serve the citizens utilizing the Seminole Street Launch Ramp. Clearwater Bay agrees to develop a specific plan for the improvements, lighting, amenities and landscaping and submit the same for review and approval by the City prior to any work being performed. The City shall be responsible for the actual building designs for the public restrooms. Subject to the limitations set forth herein, the cost of the improvements to the parking area and the construction of the restrooms shall be the sole responsibility of the City. However, the nature, extent and costs of the actual improvements, lighting, entry signs and landscaping to be provided shall be subject to the review and approval of the City Commission and in no event shall the City's required contribution for improvements and landscaping exceed the sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). Upon the City Commission's approval of the specific improvement plan the City agrees to commence construction of the improvements within twelve (12) months after 7 • Clearwater Bay commences construction on Phase I of the Project. 11. Landscaping and Amenities. The landscaping plan, entry signs and amenities as approved by the City Commission shall also be installed by the City as par of the reconfigured parking area improvements. The City's improvements shall be installed no later than the issuance by the City of the first certificate of occupancy to Clearwater Bay for Phase I of the Project. Subject to the limitations set forth above, the costs of the landscaping, entry signs and amenities shall be paid fifty percent (50%) by the City and fifty percent (50%) by Clearwater Bay; provided, however, that under no circumstances shall the total amount contributed by Clearwater Bay for such improvements exceed the One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). 12. Lighting. Subject to the limitations set forth above regarding construction costs, the City, at its costs, shall be responsible for installation and operation of decorative lighting of the Seminole Street Launch Ramp sufficient for adequate security and consistent with design standards as approved by the City Commission. 13. Availability of Spaces at Seminole Street Launch Ramp. All non-boat parking spaces shall be available for use by Clearwater Bay, on a "non-exclusive basis, for its non-residential development at all times of the day. In addition, after 4:30 p.m. of each and every day and through 1:30 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. Provided, however, the parking for the Clearwater Theater, as depicted upon Exhibit "B"; shall not be available to Clearwater Bay without the express written permission of the Clearwater Theater. s E • 14. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be required to, proceed with fencing the perimeter of the Seminole Street Launch Ramp in order to provide appropriate security for the facility and adjoining properties. This fencing may include the right to install security gates at the entry way to the parking and launching facility as long as Clearwater Bay allows for public entry into the facility in accordance with the hours of operations and rules and regulations established by the City. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. Subject to the limitations on funding set forth above, any entrance amenities approved by the City Commission as part of the improvement plan, including any gated features shall be split equally between the City and Clearwater Bay. 15. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against the City recreation or park impact fee, except for the "open space" component of such fee, levied against new development for any and all monies or funds which Clearwater Bay expends pursuant to its obligations in paragraphs 11 and 14 above. In the event recreation impact fees have previously been paid by Clearwater Bay then said credit shall take the form of reimbursement by the City to Clearwater Bay. 16. Maintenance. The City shall be responsible for the maintenance of the Seminole Street Launch Ramp property including the maintenance of signage, restrooms, docks, entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also be responsible for removal of all solid 9 waste, trash, and rubbish from the Seminole Street Launch Ramp property. The City shall pay all fees associated with electrical service, water and wastewater fees, solid waste disposal services and all other fees associated with the operations for the Seminole Street Launch Ramp property. 17. Operations Agreement. Clearwater Bay and the City will enter into negotiations in an effort to develop an acceptable long term Operations Agreement for the Seminole Street Launch Ramp which would provide for Clearwater Bay managing the operations of the parking and ramp areas in conjunction with the management of the marina operations conducted by Clearwater Bay on its adjacent property. Any such agreement drafted as a result of such negotiations shall not become effective unless and until approved by the City Commission. 18. Access Easement. Clearwater Bay intends to operate a restaurant and ship's store in the location presently occupied by the marina's bait stand along the southwestern seawall of the yacht basin. In addition, Clearwater Bay intends to construct townhomes along the southern seawall of the yacht basin, all as depicted on the Clearwater Bay site plan attached to this Agreement. In order to enhance the access to these planned facilities and confirm the existing access points and traffic circulation, the City agrees to grant Clearwater Bay a permanent access easement for ingress and egress, and utilities, in the location as depicted and described on the attached Exhibit "C". However, the City shall have the right to make minor adjustments to the legal description of the easement as determined necessary by the City provided any resulting change does not impair or materially diminish access to the Clearwater Bay Property 10 ARTICLE IV - FUTURE DEVELOPMENT 19. Adjacent Property. Clearwater Bay has been working with the City and the governing Board of the Clearwater Little Theater in an effort to find a new location for the Theater in order to make the Little Theater property available for redevelopment. In the event a successful relocation could occur, Clearwater Bay would be given the opportunity acquire the site in a manner consistent with the City Charter. In the event that the property becomes part of the Clearwater Marina Development, and residential densities for the Little Theater property would be increased as provided in the Land Development Code and the Periphery Plan. Clearwater Bay and the City agree to cooperate with each other in an effort to find a suitable new site acceptable to the Little Theater. 20. Expansion of Bayside Restaurant. As part of its development project, Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the -marina properties in accordance with the Approved Plans. This part of the project is adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property and assuming submission of required plans and compliance with all applicable codes, the expansion of the restaurant activities and issues related thereto. 11 • ARTICLE V - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 21. Effect of Breach or Default. Clearwater Bay understands and agrees that the execution and performance of this Agreement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this Agreement. 22. Clearwater Bay's Right to Cure. Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay. followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 23. Relation of this Agreement to Site Plan or Zoning Approval. Although it is currently contemplated the property will be developed in accordance with the Approved Plans amendments to Approved Plans which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's Community Development Code without the need of amending this Agreement. ARTICLE VI - MUTUALLY BINDING GENERAL PROVISIONS 24. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 25. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the improvement of the Seminole Street Launch Ramp, all as more specifically provided below. 12 No other offset, waiver or reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 26. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 27. Consistency with Comprehensive Plan and Community Development Code. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and Community Development Code. The City specifically finds that the requirements for concurrency as set forth in Article 4, Division 9 of the Community Development Code have been satisfied. 28. Amendment; Cancellation. This Development Agreement maybe amended or canceled by mutual consent of the parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 29. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the 13 • • following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR City: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: Director of Central Permitting (same address) 30. Successors Bound FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: J. Ben Harrill 2435 U.S. Highway 19, Suite 350 Holiday, FL 34691 This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 31. Failure of Development Agreement to Address Restrictions, Etc. The failure of this Development Agreement to address a particular permit, condition, term, or 14 • 0 restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 32. Recordation, Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. The costs of such recording shall be paid by Clearwater Bay. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater B ay is in compliance with this Agreement. 33. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific 15 agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City 16 0 0 accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's Community Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 34. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state or federal law is enacted after t he a xecution o f t his Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 35. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least 17 0 0 once every twelve (12) months after the Effective date of this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon fifteen (15) days' written notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non- compliance City's action shall become null and void. 36. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 1633243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 37. Drafting of Development Agreement. The parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 38. Entirety of Agreement. This Development Agreement constitutes the entire 18 .1 1 0 0 agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral orwritten. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 39. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 40. Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 41. Severability. In case any one or more of the provisions contained in this Agreement shall be held to 'be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the term "failure of consideration" shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 19 0 0 42. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 43. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 44. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the Approved Plan presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. WITNESSES: Signature Print Name Signature For CITY OF CLEARWATER: Signature Print Name/Title 20 • Print Name Signature Print Name Signature Print Name • For CLEARWATER BAY MARINA, LLC Signature Print Name/Title Clearwater Bay Marine Exhibit List Exhibit "A" Legal Description of Site Exhibit "B" Seminole Street Launch Ramp Plan Exhibit "C" Access Easement Description 21 i t EXHIBIT '"A" LEGAL DESCRIPTION PARR s: L;x 1.2.3.6 and 9. In F.T. BLJSH-SmmoK aamwow. Florida. acoadirq to the map or plat lher?ed recorded In Plat Book 1, page 27, d the public M =f& of K100 001 *. Ronda. PAIM&G: Lam d SUS woo SUBOMSSION, ap001dhQLO lfis mep or plattha va" Ow Same app6ara of mooed in Plat Book I. Page 2e. d on.put b reeo * of Pbdu Y. Florae. PAFIC&7. LU 10 of IT. BUSH SLiBDIVIWK aeoordhV lc w nmp ar pWdisrWAtha same appears d record In Plat Book 1. Pago 27. dt o public roads d Pilau Oowlty. Powkia. PARCELa Uwrmvig at ita N0460d y corw c d 10 cf F.Y. BUSH SUBOMSION, 4000MIV to the plat therW recorded h Pint Book 1. PIGS 27. of dw pubW now& of PlnWIw Cwxq. Florida; aw" run W*dWy siorq the.p vocclon or uhe Ncnt>"Dw 0t said Ld 10. M.T ImOa e3ast4dyalor Vw e* rWy 00Wc .%Wv , atosceatA venu* a4 a 0dMd PAOM 30, Me arld now aafar?4$feat; thence E=Mdydiongttle pnoJectlon oNhe Soadtierly Wye of said Lot 10. 12fedtgths $oudmsWy ct mwcf uU Litt td; tlrenoe Nadlety dwV the Westerly bourawy of said Lot 10. W.064 het eo the point d bpilulbq. . Sheet 1 of 3 E NOV 18 2002 '. ! •y ,1 M1 r F.?, - y EXHIBIT "A" ..:C:on:tinued- I A PARCEL OF LAND BEING IN THE STATE OF FLORIDA, COUNTY OF PINELLAS, CITY OF CLEARWATER,SECTION 9, TOWNSHIP 29 SOUTH,.RANGE 15 EAST, KNOWN TO BE CLEARWATER BAY MARINA AND ITS OUT PARCEL. Continence at the Northeast corner of Lot 2, Block 2, LA. GORRA' S SUBDIVISION, according to the Plat thereof recorded in Plat Book 1, Page 44, of the Public Records of Pinellas County, Florida. Said point also being the Point of Beginning. Thence S.89°05' 15" E. a distance of 0.13 feet to the Westerly curb and gutter on Osceola Avenue, thence N. ]4°37' 54" E. along said curb a distance of 64.94 feet, thence N. 89°10' 02" W. a distance of 9.62 feet to the N.E. corner of Lot 1, Block 2, J.A. GORRA'S SUBDIVISION as recorded in Plat Book 1, Page 44, Public Records of Pinellas County, Florida; thence N. 14°36' 10" E. along the Westerly Boundary Line of Osceola Avenue 99.58 feet to the Southwest corner of the intersection of said Westerly Boundary Line with South Boundary Line of Cedar Street, thence N. 89916'26" W., along said South Boundary Line, a distance of 64.75 feet, thence S. 06011' 05" W., a distance of 97.02 feet, to a Point on the North Boundary Line of said Block 2, of said J.A. GORRA'S SUBDIVISION, thence N. 9711' 44" W. along said North Boundary Line 10 1.27 feet, thence N. 88053' 14" W., a distance of 119.57 feet, thence N. 89°26' 34" W. along a concrete Seawall a distance of 658.64 feet, to the Bulkhead Line, and the Easterly Right- of Way Line for the InterCoastal Waterway, thence S. 1(r51133 " W., along said Bulkhead Line, a distance of 72.13 feet; thence along the edge of a boat basin the following 2 courses run S. 79°35' 38" E., a distance of 25.51 feet, thence N. 10°55' 31" E., a distance of 49.72 feet to a point on a lime described in the Official Record Book 572, Page 607, Signed By The Trustees of the Internal Improvement Fund of the State of Florida; thence along those lines as described the following 5 courses run S. 89°26' 34" E., a distance of 46.20 feet thence S. 00°33' 26" W., a distance of 45.00 feet thence S. 89°26' 34" E., a distance of 216.00 feet thence N. 00°33' 26" E. , a distance of 20.00 feet thence S. 89,26' 34" E., a distance of 135.07 feet to the edge of a concrete Seawall thence S. 0(r34'24" E., a distance of 95.70 feet to a point on a line described in heed No. 19440, Signed By The Trustees of the Internal Improvement Fund of the State of Florida; thence along those lines as described the following 3 courses run N. 88°55' 00" W., a distance of 38.06 feet thence S. 01°05' 00" W., a distance of 185.00 feet thence S. 89'55'00" E., 'a distance of 16.86 feet to the edge of a concrete Seawall thence along said Seawall edge S. 26°42' 03 W., a distance of 32,30 feet to a point on the North Line of a Parcel described in O.R Book 101, Page 274; Deed of Conveyance by the City of Clearwater. Thence N. 7657' 19" W., a distance of 131.91 feet to the edge of a concrete Seawall. Thence along the edge of said Seawall run N. 64°12' 13" W., a distance of 298.37 feet; thence continuing on said Seawall edge the following 4 courses run N. I r06'29'1 E., a distance of 44.91 feet thence N. 76'51'34" W., a distance of 21.26 feet thence S. 11*06' 29" W., a distance of 40.10 feet thence N. 64°11" 46" W., a distance of 0.27 feet to the aforementioned bulkhead line, thence S. 10'5 P 33" W., a distance of 48.90 feet; thence S. 6T35' 42" E., a distance of 444.45 fleet; thence N. 7T58'53" E., it distance of 176.33 feet; thence S. 77° Sheet 2 of 3 c ? EXHIBIT "A" Continued 22'56" E., a distance of 74.93 feet; thence S. 89p28' 00" E., a distance of 136.63 feet; thence S. 15°58' 45" W.., a distance of 29.86 feet; thence S. 77°21' 01 " E., a distance of 29.97 feet; thence N. 15°58' 45" E., a distance of 58.92 feet; thence S_ 77'10' 47" E., a distance of 99.83 feet; thence N. 04142' 59 ` E., a distance of 155.17 feet; thence N. 14°24' 44" E., a distance of 162.60 feet; thence N. 1621' 04" E. a distance 29.98 feet; to the Point of Beginning. CONTAINING 5.9941 ACRES OR 261101.94 SQ. FT. MORE OR LESS LESS THE FOLLOWING DESCRIBED PARCEL The Easterly 100 feet, more or less, of Lot 1, Block 2, J.A. GORR.A'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 44, Public Records of Pinellas County, Florida. AND The West 50 feet of the East 150 feet of lot 1, Block 2, J.A. GORRA'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 44, Public records of Pinellas County, Florida. ALSO KNOWN AS: Begin at the intersection of the North line of lot 1, block 2, GORRA SUBDIVISION, as recorded in Plat Book 1, Page 44 of Pinellas County records, and the back of the Westerly curb and gutter on Osceola Avenue and run thence North 89 39'57" West 2.25 feet to an iron axle, thence North 89°39' 57" W. 158.94 feet to a concrete monument, said monument lying South 8V39'57" E. 120.19 feet from an iron axle on said North line, thence S. OP 10' 49" E. 63.11 feet to a concrete monument, thence South 89°39' 57" E. 143.94 feet to back of said Westerly curb, thence North 14°12" 57" E. 65.0 feet along said curb to Point of Beginning. Sheet 3 of 3 0 0 DEVELOPMENT AGREEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 2435 U.S. Highway 19, Suite 350, Holiday, Florida 34691 hereinafter referred to as "Clearwater Bay". RECITALS A. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Street Launch Ramp, serving the citizens of Clearwater; and B. Through its Periphery Plan, the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and C. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating 1 i? NOV 1.5 2002 lJ?' '1?+`'Ca 8 DtVC rL(?PMENT vcs Irt„fuVP? CITY OF CtEARWATER existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst for future redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and D. In recognition of the numerous benefits associated with the Clearwater Bay Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the landscaping, expansion, beautification, and improvement of the Seminole Street Launch Ramp which is currently operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and E. The City and Clearwater Bay entered into negotiations in order to identify desired improvements and additions to the Seminole Street Launch Ramp property and to establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and F. As a result of these negotiations, the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development rights and obligations of Clearwater Bay by the City and to address the improvements to the Seminole Street Launch Ramp property; and G. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development 2 • • agreements in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and H. The Clearwater Bay Marina consists of 8.89 acres of land situated within the City of Clearwater and located west of Fort Harrison Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The Property is to be developed for residential condominiums, townhomes, retail, restaurant, and a Marina and associated offices; and 1. Clearwater Bay desires to develop the Property as describe and depicted on the plans prepared by Florida Design Consultants, Inc. entitled "Clearwater Bay Marina" Sheets through and dated November 15, 2002, together with the plans prepared by Gillett & Associates entitled "Clearwater Bay Marina" Sheets through and dated November 15,2002 ("Approved Plan"). The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the Periphery Plan and City may provide terms and conditions governing such actions. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE It is the purpose and intent of this Agreement to set forth the terms and conditions 3 0 9 for the redevelopment of the Property and to identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements forthe benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with its development. This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and conditions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS 1. Legal Description and Ownership. The Property to which this Agreement applies is legally described in Exhibit "A", which is incorporated herein by reference. Clearwater Bay is the developer of the Property. The Property is designated "CBD", Central Business District on the Countywide Comprehensive Plan and is presently zoned "D", Downtown District under the City's Community Development Code. Title to the real property is in Decade Partnerships. 2. Effective Date of Development Agreement. The effective date of this Development Agreement is the thirty-first day following the date this Development Agreement is received by the state land planning agency following execution, recordation, 4 • • and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. Furthermore, prior to Clearwater Bay's commencement of any construction authorized hereunder, Clearwater Bay may formally abandon this Agreement by providing the City written notice sent to the City Manager of Clearwater Bay's decision to abandon development under the terms of the Agreement. Upon the submission of such notice in accordance with the notice requirements contained herein, this Agreement shall be deemed abandoned and of no further force or effect, and each party shall be relieved of any obligation hereunder. 3. Duration of Development Agreement. The duration of this Development Agreement shall be ten (10) years from the Effective Date hereof. 4. Required Permits. The following permits are required to be approved for development of the property: Site plan approval; Florida Department of Environmental Protection permits or exemptions; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agreement. 5. Uses Permitted. Uses permitted on the Property shall be limited to the 5 0 0 following uses consistent with the Approved Plan: 154 residential units, a 120 slip marina (with 47 marina boat slips being assigned to the residential development and the remaining 73 being operated as a marina), a restaurant, a ship's store and marina office, a pool clubhouse and amenities, and related uses. There shall be a maximum of 12,000 square- foot gross floor area in those buildings used for non-residential uses. The project is to be constructed in two (2) phases with the a building permit being issued and construction of first phase commencing within twenty-four (24) months of approval of the Development Agreement by the City. Construction forthe second phase shall commence within one year of the completion of the first phase. The entire project will be completed within eight (8) years from commencement of development. 6. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 7. Utility Installation; Site Lighting. Clearwater Bay shall install all utilities underground except as where otherwise approved by the City due to environmental or other site constraints. Any above ground utilities shall be screen as required by the Community Development Code. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 8. Parking. Clearwater Bay shall provide parking on the Property pursuant to the Approved Plan. 9. City Cooperation. City shall cooperate with Clearwater Bay in any 6 0 0 reasonable manner such that both Clearwater Bay and City can comply with the terms of this Agreement; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE III. REDEVELOPMENT OF SEMINOLE STREET LAUNCH RAMP 10. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminole Street Launch Ramp property shall be reconfigured resurfaced and restriped by the City in general conformity with the Site Plan attached hereto as Exhibit "B". In addition the improvements shall include amongst other items the construction of public restrooms to serve the citizens utilizing the Seminole Street Launch Ramp. Clearwater Bay agrees to develop a specific plan for the improvements, lighting, amenities and landscaping and submit the same for review and approval by the City prior to any work being performed. The City shall be responsible for the actual building designs for the public restrooms. Subject to the limitations set forth herein, the cost of the improvements to the parking area and the construction of the restrooms shall be the sole responsibility of the City. However, the nature, extent and costs of the actual improvements, lighting, entry signs and landscaping to be provided shall be subject to the review and approval of the City Commission and in no event shall the City's required contribution for improvements and landscaping exceed the sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). Upon the City Commission's approval of the specific improvement plan the City agrees to commence construction of the improvements within twelve (12) months after Clearwater Bay commences construction on Phase I of the Project. 7 I . 0 0 11. Landscaping and Amenities. The landscaping plan, entry signs and amenities as approved by the City Commission shall also be installed by the City as par of the reconfigured parking area improvements. The City's improvements shall be installed no later than the issuance by the City of the first certificate of occupancy to Clearwater Bay for Phase I of the Project. Subject to the limitations set forth above, the costs of the landscaping, entry signs and amenities shall be paid fifty percent (50%) by the City and fifty percent (50%) by Clearwater Bay; provided, however, that under no circumstances shall the total amount contributed by Clearwater Bay for such improvements exceed the One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). 12. Lighting. Subject to the limitations set forth above regarding construction costs, the City, at its costs, shall be responsible for installation and operation of decorative lighting of the Seminole Street Launch Ramp sufficient for adequate security and consistent with design standards as approved by the City Commission. 13. Availability of Spaces at Seminole Street Launch Ramp. All non-boat parking spaces shall be available for use by Clearwater Bay, on a "non-exclusive basis, for its non-residential development at all times of the day. In addition, after 4:30 p.m. of each and every day and through 1:30 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. Provided, however, the parking for the Clearwater Theater, as depicted upon Exhibit "B", shall not be available to Clearwater Bay without the express written permission of the Clearwater Theater. 14. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be 8 0 0 required to, proceed with fencing the perimeter of the Seminole Street Launch Ramp in order to provide appropriate security for the facility and adjoining properties. This fencing may include the right to install security gates at the entry way to the parking and launching facility as long as Clearwater Bay allows for public entry into the facility in accordance with the hours of operations and rules and regulations established by the City. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. Subject to.the limitations on funding set forth above, any entrance amenities approved by the City Commission as part of the improvement plan, including any gated features shall be split equally between the City and Clearwater Bay. 15. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against any City recreation or park impact fee levied against new development for any and all monies or funds which Clearwater Bay expends pursuant to its obligations in paragraphs 11 and 14 above. In the event recreation impact fees have previously been paid by Clearwater Bay then said credit shall take the form of reimbursement by the City to Clearwater Bay. 16. Maintenance. The City shall be responsible for the maintenance of the Seminole Street Launch Ramp property including the maintenance of signage, restrooms, docks, entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also be responsible for removal of all solid waste, trash, and rubbish from the Seminole Street Launch Ramp property. The City shall pay all fees associated with electrical service, water and wastewater fees, solid waste 9 0 0 disposal services and all other fees associated with the operations for the Seminole Street Launch Ramp property. 17. Operations Agreement. Clearwater Bay and the City will enter into negotiations in an effort to develop an acceptable long term Operations Agreement for the Seminole Street Launch Ramp which would provide for Clearwater Bay managing the operations of the parking and ramp areas in conjunction with the management of the marina operations conducted by Clearwater Bay on its adjacent property. Any such agreement drafted as a result of such negotiations shall not become effective unless and until approved by the City Commission. 18. Access Easement. Clearwater Bay intends to operate a restaurant and ship's store in the location presently occupied by the marina's bait stand along the southwestern seawall of the yacht basin. In addition, Clearwater Bay intends to construct townhomes along the southern seawall of the yacht basin, all as depicted on the Clearwater Bay site plan attached to this Agreement. In order to enhance the access to these planned facilities and confirm the existing access points and traffic circulation, the City agrees to grant Clearwater Bay a permanent access easement for ingress and egress, and utilities, in the location as depicted and described on the attached Exhibit "C". However, the City shall have the right to make minor adjustments to the legal description of the easement as determined necessary by the City provided any resulting change does not impair or materially diminish access to the Clearwater Bay Property ARTICLE IV - FUTURE DEVELOPMENT 10 • • 19. Adjacent Property. Clearwater Bay has been working with the City and the governing Board of the Clearwater Little Theater in an effort to find a new location for the Theater in order to make the Little Theater property available for redevelopment. In the event a successful relocation could occur, Clearwater Bay would be given the opportunity acquire the site in a manner consistent with the City Charter. In the event that the property becomes part of the Clearwater Marina Development, and residential densities for the Little Theater property would be increased as provided in the Land Development Code and the Periphery Plan. Clearwater Bay and the City agree to cooperate with each other in an effort to find a suitable new site acceptable to the Little Theater. 20. Expansion of Bayside Restaurant. As part of its development project, Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the -marina properties in accordance with the Approved Plans. This part of the project is adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property and assuming submission of required plans and compliance with all applicable codes, the expansion of the restaurant activities and issues related thereto. ARTICLE V - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 21. Effect of Breach or Default. Clearwater Bay understands and agrees that 11 0 0 the execution and performance of this Agreement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this Agreement. 22. Clearwater Bay's Right to Cure. Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 23. Relation of this Agreement to Site Plan or Zoning Approval. Although it is currently contemplated the property will be developed in accordance with the Approved Plans amendments to Approved Plans which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's Community Development Code without the need of amending this Agreement. ARTICLE VI - MUTUALLY BINDING GENERAL PROVISIONS 24. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 25. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the improvement of the Seminole Street Launch Ramp, all as more specifically provided below. No other offset, waiver or reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and 12 0 0 any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 26. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 27. Consistency with Comprehensive Plan and Community Development Code. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and Community Development Code. The City specifically finds that the requirements for concurrency as set forth in Article 4, Division 9 of the Community Development Code have been satisfied. 28. Amendment; Cancellation. This Development Agreement maybe amended or canceled by mutual consent of the parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 29. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the 13 0 0 addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR City: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: Director of Central Permitting J. Ben Harrill (same address) 2435 U.S. Highway 19, Suite 350 Holiday, FL 34691 30. Successors Bound. This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 31. Failure of Development Agreement to Address Restrictions, Etc. The failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Clearwater Bay of the necessity of complying with the law and 14 0 0 said permitting requirements, conditions, term or restriction. 32. Recordation, Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. The costs of such recording shall be paid by Clearwater Bay. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 33. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific agenda items to be heard and potentially applied to Clearwater Bay, and has determined, 15 by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; 16 • • (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's Community Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 34. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 35. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least once every twelve (12) months after the Effective date of this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Development 17 0 0 Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon fifteen (15) days' written notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non- compliance City's action shall become null and void. 36. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 37. Drafting of Development Agreement. The parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 38. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to 18 the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral orwritten. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 39. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 40. Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 41. Severability. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the term "failure of consideration" shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 42. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or actions at law relating to the entry into or the provisions of this Development 19 0 • Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 43. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 44. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the Approved Plan presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. WITNESSES: Signature Print Name Signature Print Name For CITY OF CLEARWATER: Signature Print Name/Title 20 0 0 Signature Print Name Signature Print Name For CLEARWATER BAY MARINA, LLC Signature Print Name/Title Clearwater Bay Marine Exhibit List Exhibit "A" Legal Description of Site Exhibit "B" Seminole Street Launch Ramp Plan Exhibit "C" Access Easement Description 21 .o Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 0 Fax: 727-562-4865 FILE COPY ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE L A'7) ION including folded site plans ? SUBMIT APPLICATION FE ?? DEVE LOPMENT AGREEMENT (Revised 05/22/02) CASE #: 'MV Z_?Ov L -- 10901 DATE RECEIVED: RECEIVED BY (staff initials): WVJ ATLAS PAGE #: 2079 ZONING DISTRICT: ? LAND USE CLASSIFICATION: _CA?> ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: _ e'3D SOUTH W EST: EAST: JW; f l I .: i?l of (1 ?? PLEASE TYPE OR PRINT- OCT 2 4 2002 e A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4202;_Ef PM APPLICANT NAME: Clearwater Bay Marina,. LLC MAILING ADDRESS: 900 North Osceola Avenue, Clearwater, FL 33755 PHONE NUMBER: (727) 443-3207 FAX NUMBER: CELL NUMBER: (727) 224-8233 EMAIL ADDRESS: PROPERTY OWNER(S): Decade Partnerships (Must include ALL owners) AGENT NAME: Donald L. Harrill 7) 443-3349 dharrilll@yahoo.com MAILING ADDRESS: 900 North Osceola Avenue, Clearwater, FL 33755; PHONE NUMBER: (727) 4 4 3 -' 3 2 0 7 FAX NUMBER: (727) 443-3349 B. PROPOSED DEVELOPMENT INFORMATION: , STREET ADDRESS: 900 North Osceola Avenue, LEGAL DESCRIPTION: See Exhibit "A." attached to Agreement PARCEL NUMBER: 09-29-15-32184-002-0020 PARCEL SIZE: 8.89 acres (acres, square feet) PROPOSED USE AND SIZE: 148 Condominiums, 12 Townhomes, 120-slip marina, restaurant (number of dwelling units, hotel rooms or square footage of nonresidential use) and retail DESCRIPTION OF ANY RELATED REQUEST(S): Request for joint City/Developer improvement of Seminole Boat Landings (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 (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES X NO (if yes, attach a copy of the applicable documents) Copy of previously approved site plan is attached Page 1 of 5 - Development Agreement Application - City of Clearwater M B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.13) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): ? STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS •- l ,3 ? DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ? DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ? INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPMENT PROPOSAL WERE TO BE APPROVED; ? ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ? 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) ? 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) )1 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; t date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public faciliti and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. T development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servic required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complet 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 coc 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 heall safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental 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 retie, 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 I commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futu development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of ti developer to comply with any such deadline. 1. 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 specifically anticipated in the development agreement. Page 2 of 5 - Development Agreement Application - City of Clearwater y- . E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SIGNED AND SEALED SURVEY (including legal description of property) -One original and 12 copies; ? COPY OF RECORDED PLAT, as applicable; ? PRELIMINARY PLAT, as required; ? LOCATION MAP OF THE PROPERTY. ? 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.) ? GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? 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. ? 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 (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 1/2 X 11) and color rendering if possible; ? 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 +t • G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? 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. ? REDUCED LANDSCAPE PLAN to scale (8'/z X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? 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 Residential Infill Project. ? BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8'/2 X 11) (black and white and color rendering, if possible) as required. 1. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'/2 X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801.C) ? Include 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 4-801 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 representatives to visit and photograph the property described in this application. Clearwater Bay Marina, LLC \ ?, I - V I J /CL? Signatu of property owner or re event tive STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 2-Y day of A 1-ill I., A.D. 2002-- to me and/or by ?. _Gdf 1r \ 11 who is ersona no has produced as identification. N tary public, My commission expires; - ,..?...? Page 4 of 5 - Development Agreement Application - City of Clearwater SEIvfr BY: FIGURSKI&HARRILL; 727 9443711; OCT-23 9:33; PAGE 2/2 G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN: All existing and proposed structures; _ Names of abutting streets; Drainage and retention areas including swales, aide 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 drlpline; Location, size, description, specifications and quantltles 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 Communiry Development Board); - Irrigation notes, O REDUCED LANDSCAPE PLAN to scale (8 A X 11) (color rendering if posslblo); Q IRRIGATION PLAN (required for level two and three approval): ? 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 Residential Irif III Project. ? BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; U REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (blacK and white and color rendering, if possible) as required, 1. SIGNAGE: (Division 19. SIGNS/ Section 3-1806) ? Comprehensive Sign Program application, as applicable (separate application and fee required). O Reduced signage proposal (a Ye X 11) (color), If submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801,C) L7 Include as required if proposed development will dagrade 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 4-801 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 representatives to visit and photograph Me property described in this application. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn. to , and subscribed before me this t day of 20_r,5 to me and/or by 1 k r JeJ a r t i I who is personally known hee- s Sig ature f property owner or representative I e?tta78itatt'.-? Notary public, My commission expires: ?o*t Edith A 86er1{np My Commission DD075095 ?p t?d? Expires January 23, 2006 Page 4 of 5 - Development Agreement Application - City of Clearwater MEW L. SIGNATURE: t, the undersigned, acknowledge that all representations made in INS application are true and soourate to the beet of my knowledge and authorize City representatives to visit and photograph the property deacrlWd In thl9 opplioation. Signature of property owner or representative M. AFFIDAVIT TO AUTHORIZE AGENT: owners) 1. That (I amrwe are) the owner(s) and record title holder(s) of the following described property (address or general location); d/ r 2. That this property constitutes the property for which a request for a! (describe request) P 4 3. That the undersigned (has/have) appointed and (does/do) appoint; as (hisAheir) aponi(S) to execute any petitions or other documents necessary to aReet such petition: 3. That this affidavit his been execuled to induce the City of Clearwater, Florida to consider and seven the above described property: a. That the applicant acknowledges that all impact tees (parka and reoreatlon, traft'io, etc.) will be paid PRIOR to the issuance of a building permit, certificate of occupancy, or other mechanism, whl@F'Mt eoouro first; 5. That site visits to the property are necessary by City representativeg in order to'process this application and the owner authorizes Pity representilitlm6 to Visit and photograph the property geseribed in this application; ..Ma.?u.. 6, That Mys), the undersigned authority, hereby certify that the foregoing Is •. STATE OF COUNTY OF 1*40.I.Art3 h ? Wore me the undersigned, an officer duly commissioned by the laws of the State of Florida, an this personally appeared Deposes and says that he/she fully understands the contents of a affidavit that he/she signed, my Cornmisolon Expires: 10 .3,11 - CN _ day of Sworn S:IprOAniAg oopartmantlApplicetiorl Fannaideveiepment reviewleerApreAenalveWilt appllceelona.doc Page 6 of 6 - Flaxiblo Development Applicatidn - Cornp?ehensiv! Inf ill Redavelopmant Project- City of Clearwater 0 4- - STATE OF FLORIPA, COUNTY OF PINELLAS Sworn to and subscribed before me thi's' day of A. D. aoto me and/or by W0,715 personally known has produced ae identification. Notary public, My commission expires: 0 0 CLEARWATER BAY MARINA, LLC FILE COPY DEVELOPMENT AGREEMENT SUPPLEMENTAL SUBMITTAL REQUIREMENT (SECTION 4-606.B) 1. The requested duration of the proposed development agreement included within this application is for a period of ten years. 2. The project shall be serviced by both Fort Harrison Avenue and Osceola Avenue and no additional transportation improvements will be required for the development. Additionally, the development will receive water and sewer service from the City of Clearwater Utilities Department. Both fire service and police protection shall also be provided by the City. 8 71 3. The project shall consist of 149 residential condominiums, lztown homes, a 1-2fl=' wet slip marina, a restaurant, a ship's store and marina office, clubhouse and amenities, and related uses. There shall be a maximum of Z01quare foot gross floor area in those building used for non-residential uses. There shall be a maximum of 190,357 square feet gross side area building coverage and the height of the two proposed condominium towers shall be 150 feet to the top floor eeffing rV4 elevation, plus an allowance for site grade differential due to the significant sloping of the site, all is measured above the base flood elevation ("BFE"). 4. The subject property is designated "CBD", Central Business District, on the County wide comprehensive plan and is presently zoned "D", Downtown District, under the City's Community Development Code. No zoning district changes, code amendments, or land use changes will be required for the proposed development. 5. The zoning and land use categories of all adjoining properties are included in the site plan submission accompanying this application. 6. The complete names and addresses of all the owners of the properties abutting or aligning within 200 feet of the subject party are also included with the site plan application. Y: ?Y 3 {jlft l ! 17 f ,1 OCT 4 I 4)IGURSKI & HARRILP ATTORNEYS AT LAW THE HOLIDAY TOWER 2435 U.S. HIGHWAY 19 SUITE 350 HOLIDAY, FLORIDA 34691 GERALD A. FIGURSKI, P.A. J. BEN HARRILL, P.A. SHELLY MAY JOHNSON October 23, 2002 Cynthia Tarapani Planning Director Municipal Services Bldg. 100 S. Myrtle Avenue Clearwater, FL 33755 Re: Development Agreement for Clearwater Bay Marina Dear Ms. Tarapani: TELEPHONE: (727) 942-0733 FAX: (727) 944-3711 EMAIL: law@figurskiharrill.com i , GCi 2 2002 ; 1; Ll ; L L; u Enclosed herein please find a Development Agreement Application for the proposed project at the Clearwater Bay Marina. The application is being submitted in conjunction with the site plan prepared for the marina by Florida Design Consultants. In addition to the application, also enclosed is a draft Development Agreement which had been previously reviewed by City staff and revised to reflect most comments and requests received to date. It should be noted that certain additional negotiations will be required to finalize the Development Agreement and it is anticipated that these negotiations will be concluded well before submission of the site plan to the Community Development Board. In addition to the application form and the Development Agreement itself, we've also included the application fee in the amount of $500.00. As always, our client appreciates the City's cooperation in this matter and should you have any questions concerning either the application or the Development Agreement, please do not hesitate to contact me. Sincerely, FIGURSKI & HARRILL J. n Harrill JBH/slm Enclosure • • FILE COPY DEVELOPMENT AGREEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN.; THE CITY OF CLEARWATER AND CLEARWATER BAY ?MARtNA,-L-X. ':' ''?i ?` 2 4 2002 j, OCT L "r THIS AGREEMENT is made and entered into this day 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 2435 U.S. Highway 19, Suite 350, Holiday, Florida 34691 hereinafter referred to as "Clearwater Bay". RECITALS A. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Street Launch Ramp, serving the citizens of Clearwater; and B. Through its Periphery Plan, the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and C. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst forfuture redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and D. In recognition of the numerous benefits associated with the Clearwater Bay Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the landscaping, expansion, beautification, and improvement of the Seminole Street Launch Ramp which is currently operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and E. The City and Clearwater Bay entered into negotiations in order to identify desired improvements and additions to the Seminole Street Launch Ramp property and to establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and F. As a result of these negotiations, the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development rights and obligations of Clearwater Bay by the City and to address the improvements to the Seminole Street Launch Ramp property; and G. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development 2 agreements in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and H. The Clearwater Bay Marina consists of 8.89 acres of land situated within the City of Clearwater and located west of Fort Harrison Avenue and north of Seminole Street. V1 t, 4 &1 fThe entire tract is more particularly described in xhibit "A" attached hereto and ?-- incorporated herein by reference ("Property"). The Property is to be developed for residential condominiums, townhomes, retail, restaurant, and a Marina and associated offices; and 1. Clearwater Bay desires to develop the Property a describe and depicted on the plan attached hereto as Exhibit "B" ("Approved Plan"). The Parties mutually desire to e?v? consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the Periphery Plan and City may provide terms and conditions governing such actions. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE It is the purpose and intent of this Agreement to set forth the terms and conditions for the redevelopment of the it and to identify the City's and Clearwater Bay's z:±- respective obligations for the provision of certain public improvements for the benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with 3 its development. This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and conditions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS 1. Legal Description and OwnersM6 . The Property to which this Agreement ? applies i s I egally d escribed i xhibit "A" hich i s i ncorporated h erein by reference. Clearwater Bay is the developer of the Property. The Property is designated "CBD", Central Business District on the Countywide Comprehensive Plan and is presently zoned "D", Downtown District under the City's Community Development Code. Title to the real property is in Decade Partnerships. 2. Effective Date of Development Agreement. The effective date of this Development Agreement is the thirty-first day following the date this Development Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no 4 ongoing obligation to defend this Development Agreement. Furthermore, prior to Clearwater Bay's commencement of any construction authorized hereunder, Cl arwater 46 Wl%rv. %07e• C,},j Bay may formally abandon this Agreement by providing the City written notice of its decision to abandon development under the terms of the Agreement. Upon the submission of such notice in accordance with the notice requirements contained herein, this Agreement shall be deemed abandoned and of no further force or effect, and each party shall be relieved of any obligation hereunder. 3. Duration of Development Agreement. The duration of this Development Agreement shall be ten (10) years from the Effective Date hereof. 4. Required Permits. The following permits are required to be approved for development of the property: Site plan approval; Florida Department of Environmental Protection permits or exemptions; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agreement. 5. Uses Permitted. Uses permitted on the Property shall be limited to the following uses consistent with the Approved Plan: 141 residential condominiums, JZ ? townhomes, a wet slip marina,oa restaurant, a ship's store and marina office, a pool ? S d0 clubhouse and menitie(+, and related uses. There shall be a maximum of square- 5 , 1 40 ""44 C, Ppo t413 40 ° ? ckv% foot gross floor area in those buildings used ftorn-residential uses. The project is to be constructed in two (2) phases with the first phase commencing within twenty-four (24) months of the receipt of all required plan approvals and permits. Construction for the second phase shall commence within one year of the completion of the first phase. The entire project will be completed within eight (8) years from commencement of development. 6. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 7. Utility Installation; Site Lighting. Clearwater Bay shall install all utilities undergroun where practica and shall screen all utility facilities. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 8. Parking. Clearwater Bay shall provide parking on the Property pursuant to the Approved Plan. 9. City Cooperation. City shall cooperate with Clearwater Bay in any reasonable manner such that both Clearwater Bay and City can comply with the terms of this Agreement; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE III. REDEVELOPMENT OF SEMINOLE BOAT LANDINGS 10. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminol oat Landing property shall be reconfigured resurfaced and restriped by the '54 44 ? 114'trak g*..' • 6 0 0 City in general conformity with the Site Plan attached hereto as xhibit "C". In addition the improvements shallI include amongst other itemsthe construction of public restrooms to f-- serve the citizens utilizing the Seminole Boat Landin . These improvements shall be wars 7 provided by the City and shall be commenced at such time as Clearwater Bay `?1a?? • commences construction on the adjacent property for its restaurant, condominium and/or ship's store/marina office. The cost of the improvements to the parking area and the construction of the restrooms shall be the sole resRonsibility of the City. 11. Landscaping and Amenities The landscaping plan, entry signs and amenities shall be installed by the City prior to completion of the reconfigured parking area but no later than the issuance by the City of the first certificate of occupancy to Clearwater 7 Bay for either the restaurant, condominiums an or ship's s tore/marina o ffic on the adjoining property. The costs of the landscaping, entry signs and amenities shall be paid fifty percent (50%) by the City and fifty percent (50%) by Clearwater Bay; provided, however, that under no circumstances shall the total amount contributed by Clearwater Bay for such improvements exceed the total amount of recreation impact fees payable for the development authorized hereunder. 12. Li htin The City, at its costs, shall be responsible for installation and W ?r.s da les Qred L41.4" ""'T operation o decorative lighting f the Seminole oat Landin sufficient for adequate security and consistent with both the requirements and design standards of Exhibit B. 13. Availability of Spaces at Seminol Boat Landin s All non-boat parking spaces shall be available for use by Clearwater Bay for its non-residential development at all times of the day. In addition, after 4:30 p.m. of each and every day and through 1:30 7 0 0 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. Provided, however, the QAZ parking for the Clearwater Theater, as depicted upon the ac ed ite Plan shall not be available to Clearwater Bay without the express written permission of the Clearwater Theater. 14. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be 06r LA. M \.1t.4 required to, proceed with fencing the perimeter of the Seminol oat Landin as depicted _ Q 4AA in the attached ite Plan in order to provide appropriate security for the facility and adjoining properties. This fencing may include the right to install security gates at the entry way to the parking and launching facility as long as Clearwater Bay allows for public entry into the facility in accordance with the hours of operations and rules and regulations established by the City. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. Any entrance amenities, including any gated features shall be split equally between the City and Clearwater Bay. 15. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against any City recreation or park impact fee levied against new development for any and all monies 07 or funds which Clearwater Bay expends pursuant to its obligations in paragraphs ci'-V?nd ? 7 Q9 a ove. In the event recreation impact fees have previously been paid by Clearwater Bay hen said credit shall take the form of reimbursement by the City to Clearwater Bay. 4 16. Maintenance. The City shall be responsible for the maintenance of the 5kw4- L&-r- a- 9&1.f 7 Seminol `oat Landing property including the maintenance of signage, restrooms, docks, entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the a 0 0 grounds and amenities shall be consistent with good landscape maintenance practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also be responsible for removal of all solid waste, 3?fM)- L""k trash, and rubbish from the Seminole oa an in property. The City shall pay all fees associated with electrical service, water and wastewater fees, solid waste disposal services 5+r%r LAwI" Ra.,J 7 and all other fees associated with the operations for the Seminol oat Landings property. 17. Operation. The City will enter into an Operations Agreement in a form as attached hereto a Exhibit "E' with Clearwater Bay providing for the operation of the ? gel t.?....ok Seminole (boa an in in conjunction with the marina operations conducted by Clearwater Bay on it adjacent property. The operations Agreement shall have a term of equal duration as this Agreement. 18. Access Easement. Clearwater Bay intends to operate a restaurant and ship's store in the location presently occupied by the marina's bait stand along the southwestern seawall of the yacht basin. In addition, Clearwater Bay intends to construct townhomes along the southern seawall of the yacht basin, all as depicted on the Clearwater Bay site plan attached to this Agreement. In order to enhance the access to these planned facilities and confirm the existing access points and traffic circulation, the City agrees to grant Clearwater Bay a permanent access easement for ingress and 54-t-tzk egress, and utilities, v the former right-of-way for Seminole govkmmd and parking area ?-- along the southerj? ¢f the Clearwater Bay Development. The subject easement shall be over, through, across and under the real property more particularly described in Exhibit ala (!'!F?'aiached hereto and incorporated herein by reference. 9 0 0 ARTICLE IV - FUTURE DEVELOPMENT 19. Adiacent Property Clearwater Bay has been working with the City and the governing Board of the Clearwater Little Theater in an effort to find a new location for the Theater which is consistent with the long term goals and objectives of the Theater to provide for modernization of facilities, additional parking and room for long term growth. The City and its staff shall make every reasonable effort to cooperate and assist the Theater and Clearwater Bay in finding and securing a relocation site for the Theater. In the event a successful relocation could occur, Clearwater Bay would be given the opportunity to provide the new site to the Little Theater and the City and, in exchange, the City would transfer fee title to the existing Theater site and the adjoining two City lots (inclusive of alleyway), all as described in CiA?to the Clearwater Bay. The existing Theater site would then become part of the Clearwater Marina Development and allowable residential densities for the project would be increased accordingly. Clearwater Bay and the City agree to cooperate with each other in an effort to find a suitable new site acceptable to the Little Theater and in an effort to effectuate the exchange as described above. N 20. Expansion of Bayside Restaurant. As part of its development project Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the 7 ' marina properties in accordance with the Approved Plans. This part of the project is adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant 10 • • activities to include the District property. The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property. ARTICLE V - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 21. Effect of Breach or Default. Clearwater Bay understands and agrees that the execution and performance of this Agreement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this Areement. 22. Clearwater Bay's Right to Cure. Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 23. Relation of this Agreement to Site Plan_orZoning Approval. Although it is L- currently contemplated the property w ill b e d eveloped i n a ccordance w ith E xhibit " 13" amendments to Exhibit "B" which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's ?anri nava?n god without the comw-? Co Cie. need of amending this Agreem nt. _ ?? ?r La-•w...?' V-101 "T6 r& ? ARTICLE V UTUALLY BINDING GENERAL PROVISIONS 24. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 11 25. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the c--ca.+ •.??12a.,,,,? improvement of the Seminole oat Landing all as more specifically provided below. No other offset, waiver o r reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 26. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 27. Consistency with C //^^ l_,e 14. Psve?? RequIaU*P&. This Development Agreement an/d? the development authorized` herein are consistent with City's comprehensive plan and I 28. Amendment; Cancellation. This Development Agreement maybe amended or canceled by mutual consent of the parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 29. Notices. All notices, demands, requests, or replies provided for or permitted 12 • • by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR City: City Manager City of Clearwater P.O. Box 4748 Clearwater, F 34618-4748 With copy to: FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: Director Central Permitting ? J. Ben Harrill (same addr 2435 U.S. Highway 19, Suite 350 Holiday, FL 34691 30. Successors Bound. This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 31. Failure of Development Agreement to Address Restrictions, Etc. The 13 0 0 failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirement/, conditions, term or restriction. 32. Recordation, Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 33. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific 4c- 14 • agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City 15 accepting, approving, or implementing City's Evaluation and Appraisal Report co cerning its comprehensive plan; (c) Ordinances and policies of general application i the C ity, including but not limited toyordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's-Ir x Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 34. Modification or Revocation to Complywith Subsequently Enacted State and Federal Law. If any state or federal law is enacted after t he execution of t his Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification o r revocation to take place only after notice in the manner provided for the adoption of a development agreement. 35. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least 16 0 ? 7 0?? 0 once every twelve (12) months /o determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon thirty (30) days' notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non-compliance City's action shall become null and void. 36. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 37. Drafting of Development Agreement. The parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 38. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior 17 0 0 negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral or written. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 39. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 40. Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 41. Severability. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the terms ailure of consideratio V shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 42. Jurisdiction and Governing Law. The parties hereto agree that any and all 18 0 0 suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 43. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 44. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the edevelopment plans presently pendin with the City in such a manner so as to allow Clearwater Bay to proceed with the 7? development of its project in accordance with the plans attached hereto as Exhibi B@. 19 IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. WITNESSES: Signature Print Name Signature Print Name Signature Print Name Signature Print Name For CITY OF CLEARWATER: Signature Print Name/Title For CLEARWATER BAY MARINA, LLC Signature Print Name/Title 20 0 0 Clearwater Bay Marine Exhibit List Exhibit "A" Legal Description of Site Exhibit "B" Redevelopment Plan Exhibit "C" Seminole Boat Landing Plan Exhibit "D" Little Theater and Adjacent Lots Exhibit "E" Operation Agreement for Seminole t Landing Exhibit "F" Access Easement Description 21 1 / 14/2003 S Receipt #: 1200300000000000418 4:39:49PM T Date: 01/14/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid 010-341405 MISCELLANEOUS FEES/BUILDING SERVICES - 010-341405 500.00 500.0000 @ $1.0000 Line Item Total: $500.00 Payments: Method Payer Bank No Account No Confirm No How Received Amount Paid Check DONALD HARRILL 1165 In Person 500.00 Payment Total: $500.00 9&V4/, OseEoc4 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cReceipt.rpt Page 1 of 1 r • Clearwater Bay Marina, LLC 900 North Osceola Ave. Clearwater, Florida 33755 (727) 443-3207 April 18, 2003 Mr. Wayne Wells Senior Planner City of Clearwater 100 South Myrtle Ave. Clearwater, Florida 33756 Re: Developers Agreement Dear Wayne, APR 2 12003 s Clearwater Bay Marina, LLC had previously submitted a draft of a "Developers Agreement" to the City of Clearwater in conjunction with our Flexible Development Application for the Clearwater Bay Marina project. Please accept this letter as our request to terminate the "Developers Agreement" discussion. Should you have any questions regarding this request, please call me at (727) 443-3207. Sincerel X d L. Harrill Applicant / Member L PLANNING DEPARTMENT • • C ITY OF C LEARWATE R POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 November 14, 2002 Mr. Donald Harrill 900 North Osceola Avenue Clearwater, FL 33755 RE: Application for a Development Agreement for Clearwater Bay Marina, under the provisions of Section 4-606 (Case No. DEV2002-10001, 900 N. Osceola Avenue). Dear Mr. Harrill: The Planning staff has reviewed your application for a Development Agreement for Clearwater Bay Marina, under the provisions of Section 4-606 at 900 N. Osceola Avenue. After a preliminary review of the submitted documents, staff has determined that the application is generally complete, but with the following revisions: 1. Amend the Affidavit to Authorize Agent to indicate who in the organization of Decade 80-IV the signatore is (President, Vice President, etc.). Additionally, you have listed "Decade Partnerships" as the property owner, which is not the same as "Decade 80-IV." Please properly indicate the property owner in the application and in the affidavit. 2. The affidavit authorizes Clearwater Bay Marina, LLC as the agent. Amend the application to indicate what your capacity is in relation to Clearwater Bay Marina, LLC (partner, secretary, etc.). It is also unclear as to the representative is (J. Ben Harrill or Donald L. Harrill), as both have signed the application. 3. Revise the application to be consistent with the site plan that indicates a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 4. Revise the Supplemental Submittal Requirement (Section 4-606.B) to indicate a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 5. Revise the Development Agreement to indicate in Article 11, Section 5, a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 6. Provide Exhibit C which indicates the reconfiguration, resurfacing and restriping of the Seminole Boat Landings. The site plan must indicate all dimensions of parking spaces, BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HOYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 0 0 November 14, 2002 Harrill - Page 2 drive aisles, landscape areas, handicap parking, the public restrooms, landscape plan, entry signage (include location, dimensions, sign messages, sign area, height, sign materials and colors) and all other site improvements ("amenities" is undefined) necessary to effect Article III, Section 10. 7. Amend the application to include all parcel numbers of the property involved. 8. Amend the application to reflect the principal business mailing address as set forth in the Development Agreement. 9. Provide Exhibits "A" through "F." 10. In Recital I Exhibit "B" ("Approved Plan") is cited. It is recommended to be more specific as to what constitutes the "Approved Plan" (i.e.: Sheets 1/6 through 6/6 prepared by Florida Design Consultants, Inc., dated and Sheets A1.01 through _ prepared by Gillett Associates, dated 11. In Article I in the second line, the Agreement refers to the redevelopment of the "site." It is unclear as to what constitutes the "site" or whether it should be referenced as the "Property." Revise/advise. 12. In Article II, Paragraph 2, Page 5, third line, abandonment of the Agreement may be provided to the "City." It is suggested that a more specific entity within the City is more appropriate, such as the City Manager or the Planning Director. 13. Commencement of the first phase referenced in Article II, Paragraph 5, should be more in concert with Building Code requirements for performance of "work" under building permits issued. If "work" is abandoned under the Building Code, the Agreement should also be deemed abandoned. This Paragraph should be revised to require commencement of the first phase within _ months of the approval of the Development Agreement by the City Commission. 14. In Article II, Paragraph 7, utilities are to be underground "where practical." This term is vague and should be more defined and as to whom determines whether undergrounding is "practical." 15. Revise "Seminole Boat Landings" to "Seminole Street Launch Ramp" under Article III, Paragraph 10, line 2 on Page 6; under Article III, Paragraph 10, line 3 on Page 7; under Article III, Paragraph 12, line 2 on Page 7; under Article III, Paragraph 13, line 1 on Page 7; under Article III, Paragraph 14, line 2 on Page 8; under Article III, Paragraph 16, line 2' on Page 8, line 4 on Page 9 and line 6 on Page 9; under Article III, Paragraph 17, line 3 on Page 9; under Article V, Paragraph 25, line 3 on Page 12; and under Exhibit "E" on Page 21. 16. Article III, Paragraph 10, requires the construction of public restrooms at the Seminole Street Launch Ramp. Who is designing and deciding what will be constructed and the cost for such? Advise/revise. 17. Article III, Paragraph 11, does not define "amenities" that will be installed by the City. Define. Also, this Paragraph 11 requires the installation of "landscaping, entry signs and amenities" by the City. Who is designing and deciding what is to be installed and the cost for such? Advise/revise. L' November 14, 2002 Harrill - Page 3 • 18. Article III, Paragraph 11, requires the installation of the landscaping,-,entry signs and amenities prior to the completion of the reconfigured parking area but no later than the first certificate of occupancy of either the "restaurant, condominiums and/or ship's store/marina office." It is noted that only the northern condominium tower is proposed to be constructed under Phase I. Revise. 19. Article III, Paragraph 12, requires the City to install and operate, at the City's cost, "decorative lighting" ... "consistent with both the requirements and design standards of Exhibit B." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. 20. Article III, Paragraph 13, refers to the "attached Site Plan" regarding parking for the Clearwater Theater. Provide the site plan. 21. Article III, Paragraph 14, refers to the "attached Site Plan" regarding fencing of the Seminole Street Launch Ramp. Provide the site plan. 22. Article III, Paragraph 14, last sentence provides for the splitting of costs equally for "any entrance amenities, including any gated features." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. 23. Article III, Paragraph 15, refers to wrong paragraphs. Revise. 24. Article III, Paragraph 18, line 9, refers to "along the southern of the Clearwater Bay Development." Along the southern what? 25. Article IV, Paragraph 19, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the Theater site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. 26. Article IV, Paragraph 20, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the District site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. 27. Article V, Paragraph 21, last line, "agreement" should be "Agreement." 28. Article V, Paragraph 23, line 4, amend "Land Development Regulations" to "Community Development Code." It is also recommended that minor or major amendments may require amendment of the Agreement. 29. Amend "Article V - Mutually Binding General Provisions" on Page 11 to "Article VI - Mutually Binding General Provisions." 30. Article VI, Paragraph 27, line 1 and line 3, amend "Land Development Regulations" to "Community Development Code." 31. Ensure under Article VI, Paragraph 29, on Page 13, that all names, departments, addresses and zip codes are correct and current. 32. Article VI, Paragraph 33, subparagraph (3)(e) on Page 16, amend "Land Development Code" to "Community Development Code." % 0 0 November 14, 2002 Harrill - Page 4 33. Article VI, Paragraph 35, line 1 on Page 17, requires review once every twelve (12) months. Of what or from what date? We could make it at the anniversary date. 34. Article VI, Paragraph 41, line 7, Page 18, is unclear as to its meaning ... "the terms A failure of consideration @ shall..."(?). Revise. 35. Article VI, Paragraph 44, Page 19, is unclear. What "redevelopment plans presently pending with the City" is this referring to? 36. Article VI, Paragraph 44, line 4, Page 19, is unclear as to its meaning ... "as Exhibit AB@." Revise. 37. Under Paragraph 5 of the Supplemental Submittal Requirement sheet, it states that the zoning and land use categories of all adjoining properties are included in the site plan submission. These are missing. Please submit. 38. The Agreement must contain a finding of that the requirements for concurrency as set forth in Article 4 Division 9 of the Community Development Code has been satisfied. 39. Article VI, Paragraph 32, does not provide for the developer to pay for recordation of the Agreement. 40. Amend Article VI, Paragraph 35, line 4, Page 17, to require fifteen (15) days written notice to revoke or modify the Agreement by the City Commission (not thirty [30] days' notice). Any responses to the above comments may be helpful at the DRC meeting, but additional comments will be provided at the DRC meeting. The above comments and comments you will receive at the DRC meeting must be addressed and submitted to the Planning Department by 4:30 p.m. on November 18, 2002 (including the original and 12 copies of all submittals). The Development Review Committee (DRC) will review the application for sufficiency at 2:00 p.m. on November 14, 2002, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building, 100 South Myrtle Avenue, in Clearwater. You or a representative must be present to answer any questions that the DRC may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4504. You can access zoning information for parcels within the City through our website: www.clearwater-fl.com. Sincerely, Wayne 1?. Wells, AICP Senior Planner Cc: Ed Mazur, Florida Design Consultants, Inc. IIMSScIPDSIPlanning DepartmentlC D BIFLEXIPending cases)Up for the next DRCIOsceola N. 0900 Clearwater Bay MarinalOsceola N 0900 Dev. Agree. Complete Letter.doc View looking east from west end of Boat Launch Ramp View looking northeast from west end of Boat Launch Ramp at bait house 900 N. Osceola Avenue DEV2002-10001 • View looking southeast at Boat Launch Ramp. View looking west at park beyond west end of Boat Launch ramp - • EPA ¦ Or77= d l l l l l F,-? R n ?-l® f-TTfTTI LOCATION MAP Owner. Decade 80-XIV Case: DEV2002-10001 Site: 900 N. Osceola Avenue Property Size (Acres): 8'89 09/29/15/02718/000/0130 09/29/15/02718/000/0230 PIN: 09/29/15/32184/002/0020 09/29/15/09252/000/0010 09/29/15/32184/002/0011 Atlas Page: 277B ll L - --ilk L ? you s + „m +mo r G +? I .? M c g w, m 'Rm 1 ZONING MAP Owner. Decade 80-XIV 7 Case: DEV2002-10001 Site: 900 N. Osceola Avenue Property 8.89 Size (Acres): 09/29/15/02718/000/0130 09/29/15/02718/000/0230 PIN: 09/29/15/32184/002/0020 09/29/15/09252/000/0010 09/29/15/32184/002/0011 Atlas Page: 277B a ? a S8 s .a w .an ..ro .vc Sp G m. ng t Resider aooooo00 ° a Schoo ooo? off, ? a fig .a Park 00; R a' ent w IRA 112' g ¢ RR - R °-- a - IF;Ijv --i P c m EXISTING SURROUNDING USES Owner. Decade 80-XIV Case: DEV2002-10001 Site: 900 N. Osceola Avenue Property 8.89 Size (Acres): 09/29/15/02718/000/0130 09/29/15/02718/000/0230 PIN: 09/29/15/32184/002/0020 09/29/15/09252/000/0010 09/29/15/32184/002/0011 Atlas Page: 277B ?YzooZ• 10.0 0 l 900 At Osculab A44L .A -A III 268A A 268 269A u/pt $ a, n Co rl ST. 8 t L ATER ??g ter, CITY O?C VICINITY ? oo 10 - - - ' - - 1 ,m t _$1p w ° 6 7 ? PINEU AS COUNTY, FLORIDA x 2 B roa 2 0 -- "- - - 1 rot Dora B soa ® 2 Joe ' JN ° roe , 1 n°%n m 128 KS AD I PREPARED ?3?A Q PUBLIC WO ENCNEERMicNI3TRATION ' Clearwater Boy ® 7 Nn !01 Jae 3 Q 8 e° 3 B rb 17 q 100 S. Mp11° Ah., Clearwater, Fl 3]756 I Marina 4 tort 2 ` JJI 11 y r PA: (813)562-1750, Fac (673)526-1755 - - GD Poe 1.1 7 Pot Por , 4114/e? 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IM roc , 2 m 2 9 ar: - ZONING ATLAS 4v4 ? i,Po 4 a1 12 3 10f 3 6 °p I! „r 7 2 11 NE 1/4 OF SECTION Q Q ® 277A ? 277 278A A 9 - 29 S - 15 E 8 • Clearwater U Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND' NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ? SUBMIT APPLICATION FEE $ 500.00 • CASE #: Peg-z- 'z- z I o o 0 i DATE RECEIVED: 11?/? 9 0-1 RECEIVED BY (staff initials C-TTV ATLAS PAGE #:Z?'j ; ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22/02) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Clearwater Bay Marina, LLC MAILING ADDRESS: 900 North Osceola Avenue, Clearwater, Florida 33755 PHONE NUMBER: (727) 443-3207 FAX NUMBER: (727) 443-3349 CELL NUMBER: (727) 224-8233 EMAIL ADDRESS: dharrill@vahoo.com PROPERTY OWNER(S): (Must include ALL owners) AGENT NAME: , Donald L. Harrill, as designated representative of Clearwater Bay Marina, LLC' MAILING ADDRESS: 900 North Osceola Avenue, Clearwater, Florida 33755 PHONE FAX NUMBER: r B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 900 North Osceola Avenue LEGAL DESCRIPTION: See Exhibit "A" attached to Agreement 09-29-15-02718-000-0130 / 09-29-15-02718-000.0230 / 09-29-15-32184-001-0010 PARCEL NUMBER: 09-29-15-32184-002-0020 / 09-29-15-09252-000-0010 / 09-29-15-32184-002-0011 PARCEL SIZE: 8:89 acres (acres, square feet) .PROPOSED USE AND SIZE: 154 residential units, 120-slip marina (with 47 slips assigned to residential units), (number of dwelling units, hotel rooms or square footage of nonresidential use) restaurant and retail ship's store DESCRIPTION OF ANY RELATED REQUEST(S): Request for ioint Citv/Developer improvemeentof_Seminole _Boat Landings. _ (approval of a development to include all requested code deviations; e.g. reduction in required number of parking spaces, speck 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 X NO _ (if yes, attach a copy of the applicable do( r ?I i - ueveloprTren[ P%greemen[ Mppliualml - ATTACHMENT "A" PARCEL NUMBERS 09-29-15-02718-000-0130 09-29-15-02718-000-0230 09-29-15-32184-002-0020 X09-29-15-09252-000-0010 09-29-15-32184-002-0011 Q.\Clcarmter Bay Marina Attachnmts.doc LAND SURVEYING L. K. PENNY w ASSOCIATE, INC. LAND SURVEYORS SERVICES 10730 102 AVENUE NORTH - SEMINOLE, FLORIDA 33778 - PHONE: 727-398-9360 - Fax: 727-319-6051 LEGAL DESCRIPTION PARCELS: L.;yp31.2.3.8 and 9. In F.T. GUSH SUBDMISION. Clesnxatwr.. Ronda, according to the map or pied theroof recorded in Plat Book 1. page 27. of the public records d Pinellas County. Florida, PAKCEL& Lot 1 d SUE BARCO SUBDIVISION, according tb die map or plat thsrsd as the same appears of record In Piet Book 1, Page 2% of the.public records of Pinellas Ca My. FIWIda. PARCEL-/: Lot 10 of F .T. BUSH SUBDMSION, according to the map or plat thereof as the same appears of record In Plat Book 1. Pape 27. of the public records d Pk Mu County. Florida PARCEL& Beginning ffi the Nod6westwly comer of Lot 10 of F.T. BUSH SUBDIVISION. according to the plat Owed recorded in Plat Book 1. page 27. of the public records d Pinellas County. Florida: thw4a run westerly along the projection of the Norrherty Ww of said Ld 10. 23.7,%% *woe Southerly along ow easterly fight-W-&&y unw of Osowda Avenue as it eodsted Augm 30.190® and now eoddg. 46teell; thence Easterly along the projection of the Southerly line of said Lot t o, 12 feet to the Souftadwty corner d said Loot 10; thence Northerly along the Westerly boundary of said Lot to, 5a. 064 feet to the point of bsom*o F?n It E -E! T1 It I 04.640.- ,oe I W 16 A PARCEL OF LAND BEING IN THE STATE OF FLORIDA, COUNTY OF PINELLAS, CITY OF CLEARWATER,SECTION 9, TOWNSHIP 29 SOUTH,.RANGE 15 EAST, KNOWN TO BE CLEARWATER BAY MARINA AND ITS OUT PARCEL. Commence at the Northeast corner of Lot 2, Block 2, J.A. GORRA'S SUBDIVISION, ?. according to the Plat thereof recorded in Plat Book 1, Page 44, of the Public Records of Pinellas County, Florida. Said point also being the Point of Beginning. Thence S.89'05'15 E. a distance of 0.13 feet to the Westerly curb and gutter on Osceola Avenue, thence N. 14°37' 54" E. along said curb a distance of 64.94 feet, thence N. 89°10' 02" W. a distance of 9.62 feet to the N.-E. corner of Lot 1, Block 2, J.A. GORRA'S SUBDIVISION as recorded in Plat Book 1, Page 44, Public Records of Pinellas County, Florida; thence N. 14°36' 10" E. along the Westerly Boundary Line of Osceola Avenue 99.58 feet to the Southwest corner of the intersection of said Westerly Boundary Line with South Boundary Line of Cedar Street, thence N. 89°16' 26" W., along said South Boundary Line, a distance of 64.75 feet, thence S. 06011'05" W., a distance of 97.02 feet, to a Point on the North Boundary Line of said Block 2, of said J.A. GORRA'S SUBDIVISION, thence N. 89'11' 44" W. along said North Boundary Line 101.27 feet., thence N. 88053' 14" W., a distance of 119.57 feet, thence N. 89°26' 34" W. along a concrete Seawall a distance of 658.64 feet, to the Bulkhead Line, and the Easterly Right- of Way Line for the InterCoastal Waterway, thence S. 10°5 P 33" W., along said Bulkhead Line, a distance of 72.13 feet; thence along the edge of a boat basin the following 2 courses run S. 79°35' 38" E., a distance of 25.51 feet, thence N. 10°55' 31" E., a distance of 49.72 feet to a point on a line described in the Official Record Book 572, Page 607, Signed By The Trustees of the Internal Improvement Fund of the State of Florida; thence along those lines as described the following 5 courses run S. 89°26' 34" E., a distance of 46.20 feet thence S. 00°33' 26" W., a distance of 45.00 feet thence S. 89°26' 34" E., a distance of 216.00 feet thence N. 00'33'26" E. , a distance of 20.00 feet thence S. 8726' 34" E., a distance of 135.07 feet to the edge of a concrete Seawall thence S. 00'34' 24" E., a distance of 95.70 feet to a point on a line described in Deed No. 19440, Signed By The Trustees of the Internal Improvement Fund of the State of Florida; thence along those lines as described the following 3 courses run N. 88°55' 00" W., a distance of 38.06 feet thence S. 01°05' 00" W., a distance of 185.00 feet thence S. 88°55' 00" E., 'a distance of 16.86 feet to the edge of a concrete Seawall thence along said Seawall edge S. 26°42' 03 W., a distance of 32.30 feet to a point on the North Line of a Parcel described in O.R. Book 101, Page 274; Deed of Conveyance by the City of Clearwater. Thence N. 7657' 19" W., a distance of 131.91 feet to the edge of a concrete Seawall. Thence along the edge of said Seawall run N. 64° 12' 13" W., a distance of 298.37 feet; thence continuing on said Seawall edge the following 4 courses run N. 1 r06'29" E., a distance of 44.91 feet thence N. 76*51' 34" W., a distance of 21.26 feet thence S. 11°06' 29" W., a distance of 40.10 feet thence N. 64°11" 46" W., a distance of 0.27 feet to the aforementioned bulkhead line, thence S. 10'51'33" W., a distance of 48.90 feet; thence S. 62°35' 42" E., a distance of 444.45 feet; thence N. 72°58' 53" E., a distance of 176.33 feet; thence S. 77' SHEET 1 OF 2 i a OCT 2 4 2002 f ?' „i t 22'56" E., a distance of 74.93 feet; thence S. 8928'00" E., a distance of 136.63 feet; thence S. 15°58' 45" W.., a distance of 29.86 feet; thence S. 77°21' O1" E., a distance of 29.97 feet; thence N. 15°58' 45" E., a distance of 58.92 feet; thence S. 77'10' 47" E., a distance of 99.83 feet; thence N. 04°42' 59 ` E., a distance of 155.17 feet; thence N. 14°24' 44" E., a distance of 162.60 feet; thence N. 1621' 04" E. a distance 29.98 feet; to the Point of Beginning. CONTAINING 5.9941 ACRES OR 261101.94 SQ. FT. MORE OR LESS LESS THE FOLLOWING DESCRIBED PARCEL The Easterly 100 feet, more or less, of Lot 1, Block 2, J.A. GORRA'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 44, Public Records of Pinellas County, Florida. AND The West 50 feet of the East 150 feet of lot 1, Block 2, J.A. GORRA'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 1, Page 44, Public records of Pinellas County, Florida. ALSO KNOWN AS: Begin at the intersection of the North line of lot 1, block 2, GORRA SUBDIVISION, as recorded in Plat Book 1, Page 44 of Pinellas County records, and the back of the Westerly curb and gutter on Osceola Avenue and run thence North 89 39'57" West 2.25 feet to an iron axle, thence North 89°39' 57" W. 158.94 feet to a concrete monument, said monument lying South 89-39'57" E. 120.19 feet from an iron axle on said North line, thence S. 01010'49" E. 63.11 feet to a concrete monument, thence South 89°39' 57" E. 143.94 feet to back of said Westerly curb, thence North 14012" 57" E. 65.0 feet along said curb to Point of Beginning. ATTACHMENT TO SURVEY SHEET 2 OF 2 0 0 Wells, Wayne From: Tarapani, Cyndi Sent: Thursday, December 19, 2002 2:46 PM To: Fierce, Lisa; Gerlock, Frank; Wells, Wayne Cc: Nicodemus, Sherrie Subject: Clw Bay Marina Dev Agmt I spoke to Garry re the scheduling of the development agreement for Clearwater Bay. Please schedule the agreement for the Jan 23 City Commission meeting. Obviously, if the site plan passes, we will update the CC at the Thursday meeting. If it is denied, the development agreement is moot. This will get the big brouhaha over faster. Thanks. PS-please remember to e-mail Ed Armstrong the staff report when final. Thanks. Cyndi Tarapani Planning Director (727)562-4547 ctarapan@clearwater-fl.com r? Wells, Wayne From: Fierce, Lisa Sent: Monday, December 16, 2002 3:59 PM To: Wells, Wayne; Gerlock, Frank Subject: FW: Clearwater bay marina dev. agreement issues FYI Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@clearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Morris, William Sent: Monday, December 16, 2002 2:58 PM To: Wilson, Denise A.; Phillips, Sue; Harriger, Sandy Cc: Tarapani, Cyndi; Fierce, Lisa Subject: RE: Clearwater bay marina dev. agreement issues All, Just as an FYI, and please pass on to the appropriate parties as information only. While this subject area is only a circus on weekends and holidays for boat launching, the Clearwater Bay High and Dry/Marina redevelopment is displacing approximately 150 to 200 boats at their present location... I just went to a meeting last week (DRC) for the high and dry on Island Estates going away (almost 300 boats with the high and dry and adjacent wet slips). That puts almost 500 boats out of mooring slips/high and dry slips. The demand on the Seminole ramps will increase beyond its present levels during already peak periods. While I have no idea of the mix of residents vs., non residents for the use of these private facilities, there will be increased demand from "boaters" for water access. And yes, I see a business opportunity (for a high and dry) but it has to fit our city wide "big picture" development goals and desires and balance against the highest and best use of the real estate. Just like we look at competing interests for other city parcels, dollars to the city are not always the driving factor, i.e. the "Airpark" Golf course/possible ball fields/industrial development/airpark hangars, come to mind as an example of the value of retaining our current use of those parcels. We have done a great job of balancing the needs of the community with regard to both recreation and expanding the tax base. I am concerned about the recreational boater. Bill -----Original Message----- From: Stone, Ralph Sent: Monday, December 16, 2002 1:57 PM To: Akin, Pam; Brumback, Garry; Tarapani, Cyndi; Morris, William; Neff, Andrew; Quillen, Michael Cc: Horne, Bill Subject: clearwater bay marina dev. agreement issues as i will be out the next couple of days i wanted to provide my perspective on the outstanding issues re. the dev. agreement: 1. Access Though the City Boat Ramp Area-i suggest we accomodate if legal; but the area needs to be reduced to the absolute minimum required for vehicle traffic; ie. no more than 24 feet for two way 2. Lift Station-if they do not need the relocation we should absorb the entire cost if we want to take advantage of an alternative site on their property; if they need it moved they should absorb the incremental cost only for the difference in regard to the current location 3. Restrooms-we are not paying for these 4. Entry Control-they need to pay for this and committ to maintenance and operation; this needs to be specifically defined; this will NOT keep anyone out, but will provide a screening and control mechanism when the ramp area is full 5. Timing of Improvements-as long as they assume responsibilty for any distrubance related to construction activity, this can occur anytime 6. Resturant Opening Time- 4:30 p.m. or later 7. Upset Limit on Improvements- $150,000 ok; subject to them providing specific plans and "unit costs"; if it comes in cheaper we both share the lower cost NOTE-a quick calculation indicates that if they meet their market, the built out project would yeild approximately $400,000 per year in city taxes; any investment we make in conjunction w the above commitments will be paid back in short order; ie. if we need to absorb some of these costs w a small tax increment, lets do it; on the other hand both the utility and marina depts. are enterprise funds and should be able to absorb these investments also Pam has my detailed comments and will be working w Ben Harrill to prepared final language for the CDB meeting f s1 A 9. 54v-jx---, T , 0 Y'' ? "t A" 0 0 in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 47. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the redevelopment plans presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project in accordance with the plans attached hereto as Exhibit "B". IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. 20 MMIR 1 Tarapani, Cyndi From: Tarapani, Cyndi Sent: Tuesday, February 05, 2002 9:39 AM To: Stone, Ralph; Fierce, Lisa; Dougall-Sides, Leslie; Morris, William Cc: Kader, Art; Dunbar, Kevin E.; Goudeau, Cyndie Subject: FW: Seminole docks dev. agree. follow up points I wanted to pass on this info from Art who raises some good points to be addressed as we go forward with the developer. Ralph-what is the status with the developer? When do we expect some info from them? Cyndie-I am sending this to you since I wonder if the Urban Park Recovery grant could be used for this project or perhaps the FDEP Land and Water Conservation Grants announced in the most recent Florida League of Cities datagram. The proposal is to improve the Seminole Boat Ramp including improved landscaping, public space, improvements, etc. I would be glad to describe the project in more detail for you and Sara. Thanks for your help. Thank all. -----Original Message----- From: Kader, Art Sent Tuesday, February 05, 2002 9:20 AM To: Tarapani, Cyndi Cc: Dunbar, Kevin E. Subject FW: Seminole docks dev. agree. follow up points Cyndie, following are my comments based on the limited information I have on this project: 1. City is responsible for the paving of the parking lot and construction of the restrooms at the Seminole Boat Launching facilities. How much and where does the funds come from to accomplish this. 2. Who is responsible to maintain the restroom facilities 7 days a week 365 days a year. If it is the city we will need to identify new funding sources. 3. There needs to be a limit on the amount of landscaping we will install. 4. Who will install the lighting of the Boat Landing, City or outside firm hired by city. How will the cost of the on going maintenance of the lighting system be paid for? 5. Be aware of additional ongoing annual maintenance costs of maintaining the entry way and landscaping. Who is to pay city portion of 50% for landscaping. 6. Impact fees cannot be used for purposes of paragraph 15 therefore no credit available. 7. City costs incurred for the maintenance of the Seminole Boat Landing should be charged to the Marina enterprise funds since they will enter into an agreement with Clearwater Bay to provide operations at this site. Revenues generated from this contract can be used to fund maintenance activities. 8. Cannot figure impact fees at this time with information available. 9. The parkland at the tip of the boat ramp area can be used for any purpose so desired. Parks and Rec. just beautified an ugly area to make it nice for visitors. Should be no restrictions on use for other purposes if needed. If I can provide you with additional information let me know. E -Original Message From: Dunbar, Kevin E. Sent: Thursday, January 31, 2002 1:27 PM To: Kader, Art Subject: RE: Seminole docks dev. agree. follow up points please follow up with Cyndie. Thanks. -----Original Message----- From: Kader, Art Sent: Wednesday, January 30, 2002 9:09 AM To: Dunbar, Kevin E. Subject: RE: Seminole docks dev. agree. follow up points • Kevin, I reviewed the development agreement as best I could but did not recieve any of the attachments or site plan. I would need all of this to get the information that Ralph has requested. Not sure any of the impact fee monies can be used as a credit especially for what they want to use them for i.e. landscaping and signage. Do you want me to get these from Cyndie? Also, not sure if P & R is responsible for any of the costs associated with the other improvements, i.e. restrooms, parking lot improvements, removal of buildings etc. I have the copy of agreement if you want to discuss further. -Original Message -- Frorn: Kader, Art Sent: Monday, January 28, 2002 9:07 AM To: Dunbar, Kevin E. Subject: RE: Seminole docks dev. agree. follow up points Just give me a copy when you get it. -Original Message-- From: Dunbar, Kevin E. Sent: Friday, January 25, 2002 4:35 PM To: Kader, Art Subject: RE: Seminole docks dev. agree. follow up points let us wait and see what she sends over. -----Original Message----- From: Kader, Art Sent: Friday, January 25, 2002 2:05 PM To: Dunbar, Kevin E. Subject: RE: Seminole docks dev. agree. follow up points I can't make comments without knowing what they are proposing and what the plan is. Perhaps if we got more information I could give a little clearer direction. One thing for sure is that we make no provision in the current ordinance for a developer to get credits for open space for other improvements. If the city wants to come more in line with our new code and effort to be flexible then the impact fee ordinances will need to be revised. Do you want me to contact Cyndi??? _-Original Message-- From: Dunbar, Kevin E. Sent: Friday, January 25, 2002 10:26 AM To: Kader, Art Subject: FW: Seminole docks dev. agree. follow up points You would be more familiar. Do we have comments on any of these? I will forward them to CYndie & Ralph if we do. -----Original Message----- From: Tarapani, Cyndi Sent: Thursday, January 24, 2002 3:36 PM To: Stone, Ralph; Fierce, Lisa; Morris, William; Quillen, Michael; Dougall-Sides, Leslie; Dunbar, Kevin E. Subject: RE: seminole docks dev. agree. follow up points I have sent this on to Kevin so that he is aware of this proposal. Kevin-I will get you a copy of the proposed development agreement where the developer wants to get open space credit for the improvements that we (city and developer) will jointly make. Thanks for any comments you have. -----Original Message----- From: Stone, Ralph Sent: Tuesday, January 22, 2002 5:21 PM To: Tarapani, Cyndi; Fierce, Lisa; Morris, William; Quillen, Michael; Dougall-Sides, Leslie subject: Seminole docks dev. agree. follow up points here are the issues we defines; please review and and let me know by fri. if you have comments; we will then forward the appropriate ones to the developers; thanks 1. city should retain, at a minimum, the existing number of combo boat trailer parking spaces 2. developer should estimate the costs of the proposals and the proposed sharing of the costs 3. city/developer should estimate revenue and proposed sharing of same based on existing rates and on modified, increased rates (bill morris) 4. city to assess the appropriate use of the "AA" property (planning/econ. dev.) 5. city to assess the impacts of real weekend enforcement (bill morris) 6. city to determine how much rec/open space fee is required and what portion of this fee is available to apply to the improvements (planning/parks and rec) 7. city/developer to evaluate options for the relocation of the little theatre (econ dev.) 8. developer to estimate the built out difference in the tax base for the overall project 9. parks to look at and advise on the status of the parkland at the tip of the boat ramp area 9 0 Tarapani, Cyndi From: Stone, Ralph Sent: Tuesday, January 22, 2002 5:21 PM To: Tarapani, Cyndi; Fierce, Lisa; Morris, William; Quillen, Michael; Dougall-Sides, Leslie Subject: seminole docks dev. agree. follow up points here are the issues we defines; please review and and let me know by fri. if you have comments; we will then forward the appropriate ones to the developers; thanks 1. city should retain, at a minimum, the existing number of combo boat trailer parking spaces 2. developer should estimate the costs of the proposals and the proposed sharing of the costs 3. city/developer should estimate revenue and proposed sharing of same based on existing rates and on modified, increased rates (bill morns) 4. city to assess the appropriate use of the "AA" property (planning/econ. dev.) 5. city to assess the impacts of real weekend enforcement (bill morns) 6. city to determine how much rec/open space fee is required and what portion of this fee is available to apply to the improvements (planning/parks and rec) 7. city/developer to evaluate options for the relocation of the little theatre (econ dev.) 8. developer to estimate the built out difference in the tax base for the overall project 9. parks to look at and advise on the status of the parkland at the tip of the boat ramp area • /oo Faa-1-17 ?rioi • ?/ /-0/0 O/WwOY,/f&j) 'oe . ? . "/ 4 e- ?, 0, ?rw?; f, ? 9?& ~,-? ?- /-,t i I ? I WA ? r (-Wett O?f *?'ICrl? ? G?hih?ial? Grp G,? , aal?- vvxp&A4?? -- --.- f-?WA-4- 00, fir /01G!"tGf? 'I////ol ,/// -OATS) slWOW e1 AO' !Zf /Sl?l . /Yil1 / 1 //1 lelll - f* - ,. .. _ 1 !(/V ` - I (JG, ?(iCr - U/? ti /1 Av (/ ?a 9--ap i R • AGENDA • Clearwater Bay Marina Redevelopment Project Meeting with City of Clearwater 12/7/01 1. Proposed modification to existing Clearwater Bay Marina Project (a). Creation of overall master plan for marina development, Seminole Boat Docks, and potential future expansions. (b). Increase in residential density from 140 units to approximately 187 units; (c). Increase in residential building height from 100' to approximately 164'; and, (d). Review possibility of adding approximately 24 town homes if additional lands are brought into project. 2. Seminole Boat Docks Improvements (a). Provide for complete landscaping and irrigation plan, consider construction of restroom facilities; (b). Provide additional trailer spaces at the existing AA house and provide parking at area east of Theater property; (c). restripe existing parking areas, around landscape islands and move non- trailer parking spaces to the northern boundary; (d). utilize project park impact fees for improvements; and, (e). shared use of facility during non-peak hours and entry into new operation and maintenance agreement. 3. Negotiation of Developer's Agreement (see draft) 4. Potential for Future Expansions FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: Al rlrl A 0 y Q FAX• ?bZ^ T I ?0 3 Phone: au Z- 4- /? 0 x 7 Z-ZZ FROM: W 1 Phone: DATE:_ _Lk )Z -7 RE: I ? I fl e ?? 6?+n. ?.. MESSAGE: )cqSUL of 5?? Cam' + NUMBER OF PAGES(INCLUDING THIS PAGE) r RANSMISSION VERIFICATION REPORT TIME 11/27/2002 15:03 NAME PLAN FAX 7275624576 TEL 7275624567 DATEJIME 11/27 15:01 FAX NO./NAME 95624963 DURATION 00:02:17 PAGE(S) 03 RESULT OK MODE STANDARD ECM F OF 6" R LINE RETAINING WALL TO BE MODIFIED TO ACCOMMODATE PROPOSED ROAD LOCATION 1 1) CITY STAFF CURRENTLY PROPOSES TO CONSTRUCT A NEW PUMP STATION WITH AN APPROXIMATE INVERT ELEVATION OF V AND A BOTTOM ELEVATION OF t-1'. IN ORDER TO ACCOMMODATE THE RESIDENTIAL UNITS FOR THIS PROJECT IT MAY BE NECESSARY TO LOWER BOTH ELEVATIONS BY t3'. 2) SEE LANDSCAPE PLAN FOR TREE REMOVAL AND ADDITIONAL LANDSCAPE INFORMATION. 'vlessage 0 0 Page 1 of 2 Fierce, Lisa \,J \--J From: Tarapani, Cyndi Sent: Friday, November 22, 2002 1 3 To: Neff, Andrew; Stone Ra i len, Michael; Owens, Reginald W.; Morrow, Dorothee; Fierce, Lisa Cc: Brumbac , Garry - Subject RE: Clearwater Bay Development Agreement Lisa-please get Andy a copy of the site plan and any other info that he needs on the application. If any of the rest of you do not have the complete application, pl aselet Lisa know in advance of the meeting. Thanks. From: Neff, Andrew Sent: Friday, November 22, 2002 11:21 AM To: Stone, Ralph; Quillen, Michael; Owens, Reginald W.; Morrow, Dorothee; Tarapani, Cyndi; Fierce, Lisa Cc: Brumback, Garry Subject: RE: Clearwater Bay Development Agreement A few thoughts from Public Utilities: Page 3--Can we see a copy of Exhibit A--how does the developer address pump station #12? Page 7--Public Restrooms: What utility support is needed? What's the cost? City/Clearwater Bay Cap--what appears here and on page 8 seems to conflict: Both entities are capped at $150,000 both at 50/50 cost share. What happens if costs exceed $300,000? (Maybe we're missing something) Page 10, Item 16 (top)--does this include the management offices of Clearwater Bay? Pump Station 12 is not specifically ID'd in this agreement, although the agreement does speak to 50/50 cost share in general. There is no specific mention in the utilities or the amenities sections. Is this contained someplace we aren't or haven't seen yet? We appreciate the opportunity to review the agreement and would like to see future development agreements as they occur. Thanks. -----Original Message----- From: Stone, Ralph Sent: Thursday, November 21, 2002 2:45 PM To: Quillen, Michael; Owens, Reginald W.; Morrow, Dorothee; Tarapani, Cyndi; Fierce, Lisa; Neff, Andrew Cc: Brumback, Garry Subject: FW: Clearwater Bay Development Agreement dev. order attached below -----Original Message----- From: Akin, Pam Sent: Wednesday, November 20, 2002 11:15 AM To: Stone, Ralph; Tarapani, Cyndi Subject: FW: Clearwater Bay Development Agreement -----Original Message----- From: Ben Harrill [mailto:ben@fhlaw.net] 11/22/2002 Wells, Wayne From: Morris, William Sent: Wednesday, November 20, 2002 3:01 PM To: Wells, Wayne Subject: Show Stopper Wayne; just received and moved to the top of my pile the development agreement for 900 North Osceola. Upon reaching page 7 Article III Redevelopment of Seminole Street Launch Ramp, paragraph 10. Conceptual Plan and Parking. the wording throughout the paragraph say's "the city" and obligates "the city" up to the cost of $150K to pay for designs and building of restrooms and the costs of reconfiguring, resurfacing and restriping the parking to suit the needs of the developer. There is additional language which talks about landscaping. 1. 1 need a definition of who "the city" is... if my assumption that it is the marine and aviation department as the "owner of the real-estate" I do not have this item funded in my budget or as a CIP... 2. 1 could create a CIP for next budget year and begin funding it. It would take several years and delay funding of other scheduled CIP projects to support this agreement. The projects most likely impacted/delayed would be: replacing underground fuel tanks and pipe lines ($300K+) repairing the marina commercial and non -commercial docks ($75 - $100K) funding any near (5 year) future public access docks ($125 - $150K) dredging the marina which is currently 5 to 7 years past due ($150 - $250K). none of these projects are fully funded under our current budget and the associated funds are not available for re-distribution by my authority. 3. Presently the Launch ramp area while not "upscale", as launch ramps go it is functional. While under utilized during the week, on weekends and holidays there is insufficient parking during the daylight hours, with demand rapidly tapering off in the late afternoon. 4. 1 cannot obligate city funds of this magnitude and do not have Marine and Aviation funds budgeted for this purpose. 5. 1 also realize I am not the deciding vote in this issue. However, they need our city parking, and weekdays the public lot is underutilized. 6. My objections are based solely on where the dollars come from to pay the cities portion/$150,000 _ ? T R • 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 19, 2002 11:08 AM To: Albee, Rick; Carrier, Al; Colbert, Joseph; Dougall-Sides, Leslie; Glenn, Tom; Gluski, Roberta; Gust, Mike; Melone, Donald; Parry, Mark; Richter, Debbie Subject: DEV2002-10001 - 900 North Osceola Avenue Revised packets are in and on the table across from the file cabinets. This case is going to the 12/17/02 CDB meeting. Please review the resubmission by those that had comments at the 11/14/02 DRC meeting (see comments below) either today or tomorrow. Make sure that all comments are updated in Permit Plan (including the dates of the comments and whether there are any conditions necessary for the CDB approval). Thanks. Bill Morris - I am sending you an entire packet in interoffice mail today for your review. The applicant dropped off a packet to Pam Akin yesterday for her review. Engineering - Please run out the legal description for the property and the Access Easement to make sure they are okay, as these are exhibits to the Development Agreement. All - If you would like a copy of the revised Development Agreement to review and comment on, please make a copy of the Agreement, as I only have enough for the CDB packets. Wayne 2:00 p.m. Case: DEV2002-10001 - 900 North Osceola Avenue. Applicant: Clearwater Bay Marina, LLC. and the City of Clearwater. Owners: Decade 80-XIV Representative: Don Harrill. Location: The 8.89-acre site is located on the west side of Osceola Avenue, at the north side of the terminus of Nicholas Street. Atlas Page: 277B. Zoning: D, Downtown District. Request: Review and recommendation on a joint City/Developer development agreement with the improvement of the Seminole Boat Landings. Proposed Use: Improvements to the existing Seminole Boat Landings site including shared access and use of parking spaces, in association with a proposed, adjacent residential development of 148 attached condominium dwellings, 12 attached townhome dwellings, 120-slip marina, and 12,000 square-foot nonresidential uses (restaurant, ship's store and marina office, pool, clubhouse, etc.). Presenter: Wayne Wells, Senior Planner. Attendees included: City Staff: Ralph Stone, Garry Brumbach, Bill Morris, Beverly Busse, Wayne Wells, Glen Bahnick, Joe Colbert, Rick Albee; Deb Richter and Tom Glenn Applicant/Representative: Don Harrill, Ben Harrill, Ed Mazur, Rick Gillett, Dan Draper, Jack Coolie The DRC reviewed this application with the following comments: 1. Planning: a) Amend the Affidavit to Authorize Agent to indicate who in the organization of Decade 80-IV the signatory is (President, Vice President, etc.). Additionally, you have listed "Decade Partnerships" as the property owner, which is not the same as "Decade 80-IV." Please properly indicate the property owner in the application and in the affidavit. b) The affidavit authorizes Clearwater Bay Marina, LLC as the agent. Amend the application to indicate what your capacity is in relation to Clearwater Bay Marina, LLC (partner, secretary, etc.). It is also unclear as to the representative is (J. Ben Harrill or Donald L. Harrill), as both have signed the application. c) Revise the application to be consistent with the site plan that indicates a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. d) Revise the Supplemental Submittal Requirement (Section 4-606.13) to indicate a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. e) Revise the Development Agreement to indicate in Article II, Section 5, a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. f) Provide Exhibit C which indicates the reconfiguration, resurfacing and restriping of the Seminole Boat Landings. The site plan must indicate all dimensions of parking spaces, drive aisles, landscape areas, handicap parking, the public restrooms, landscape plan, entry signage (include location, dimensions, sign messages, sign area, height, sign materials and colors) and all other site improvements ("amenities" is undefined) necessary to effect Article III, Section 10. • g) Amend the application to include all parcel numbers of the property involved. h) Amend the application to reflect the principal business mailing address as set forth in the Development Agreement. i) Provide Exhibits "A" through "F." j) In Recital I Exhibit "B" ("Approved Plan") is cited. It is recommended to be more specific as to what constitutes the "Approved Plan" (i.e.: Sheets 1/6 through 6/6 prepared by Florida Design Consultants, Inc., dated XX and Sheets A1.01 through XX prepared by Gillett Associates, dated XX. k) In Article I in the second line, the Agreement refers to the redevelopment of the "site." It is unclear as to what constitutes the "site" or whether it should be referenced as the "Property." Revise/advise. 1) In Article II, Paragraph 2, Page 5, third line, abandonment of the Agreement may be provided to the "City." It is suggested that a more specific entity within the City is more appropriate, such as the City Manager or the Planning Director. m) Commencement of the first phase referenced in Article 11, Paragraph 5, should be more in concert with Building Code requirements for performance of "work" under building permits issued. If "work" is abandoned under the Building Code, the Agreement should also be deemed abandoned. This Paragraph should be revised to require commencement of the first phase within XX months of the approval of the Development Agreement by the City Commission. n) In Article 11, Paragraph 7, utilities are to be underground "where practical." This term is vague and should be more defined and as to who determines whether under-grounding is "practical." o) Revise "Seminole Boat Landings" to "Seminole Street Launch Ramp" under Article III, Paragraph 10, line 2 on Page 6; under Article 111, Paragraph 10, line 3 on Page 7; under Article III, Paragraph 12, line 2 on Page 7; under Article III, Paragraph 13, line 1 on Page 7; under Article III, Paragraph 14, line 2 on Page 8; under Article III, Paragraph 16, line 2 on Page 8, line 4 on Page 9 and line 6 on Page 9; under Article III, Paragraph 17, line 3 on Page 9; under Article V, Paragraph 25, line 3 on Page 12; and under Exhibit "E" on Page 21. p) Article III, Paragraph 10, requires the construction of public restrooms at the Seminole Street Launch Ramp. Who is designing and deciding what will be constructed and the cost for such? Advise/revise. q) Article III, Paragraph 11, does not define "amenities" that will be installed by the City. Define. Also, this Paragraph 11 requires the installation of "landscaping, entry signs and amenities" by the City. Who is designing and deciding what is to be installed and the cost for such? Advise/revise. r) Article III, Paragraph 11, requires the installation of the landscaping, entry signs and amenities prior to the completion of the reconfigured parking area but no later than the first certificate of occupancy of either the "restaurant, condominiums and/or ship's store/marina office." It is noted that only the northern condominium tower is proposed to be constructed under Phase I. Revise. s) Article III, Paragraph 12, requires the City to install and operate, at the City's cost, "decorative lighting" ... "consistent with both the requirements and design standards of Exhibit B." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. t) Article III, Paragraph 13, refers to the "attached Site Plan" regarding parking for the Clearwater Theater. Provide the site plan. u) Article III, Paragraph 14, refers to the "attached Site Plan" regarding fencing of the Seminole Street Launch Ramp. Provide the site plan. v) Article 111, Paragraph 14, last sentence provides for the splitting of costs equally for "any entrance amenities, including any gated features." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. w) Article III, Paragraph 15, refers to wrong paragraphs. Revise. x) Article III, Paragraph 18, line 9, refers to "along the southern of the Clearwater Bay Development." Along the southern what? y) Article IV, Paragraph 19, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the Theater site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. z) Article IV, Paragraph 20, is too vague and provides no plans or other defmitive information. Should Clearwater Bay acquire the District site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. aa) Article V, Paragraph 21, last line, "agreement" should be "Agreement." bb) Article V, Paragraph 23, line 4, amend "Land Development Regulations" to "Community Development Code." It is also recommended that minor or major amendments may require amendment of the Agreement. cc) Amend "Article V - Mutually Binding General Provisions" on Page 11 to "Article VI - Mutually Binding General Provisions." dd) Article VI, Paragraph 27, line 1 and line 3, amend "Land Development Regulations" to "Community Development Code." ee) Ensure under Article VI, Paragraph 29, on Page 13, that all names, departments, addresses and zip codes are correct and current. ff) Article VI, Paragraph 33, subparagraph (3)(e) on Page 16, amend "Land Development Code" to "Community Development Code." • • gg) Article VI, Paragraph 35, line 1 on Page 17, requires review once every twelve (12) months. Of what or from what date? hh) Article VI, Paragraph 41, line 7, Page 18, is unclear as to its meaning ... "the terms A failure of consideration @ shall..."(?). Revise. ii) Article VI, Paragraph 44, Page 19, is unclear. What "redevelopment plans presently pending with the City" is this referring to? jj) Article VI, Paragraph 44, line 4, Page 19, is unclear as to its meaning ... "as Exhibit AB@." Revise. kk) Under Paragraph 5 of the Supplemental Submittal Requirement sheet, it states that the zoning and land use categories of all adjoining properties are included in the site plan submission. These are missing. Please submit. 11) The Agreement must contain a finding of that the requirements for concurrency as set forth in Article 4 Division 9 of the Community Development Code has been satisfied. mm)Article VI, Paragraph 32, does not provide for the developer to pay for recordation of the Agreement. nn) Amend Article VI, Paragraph 35, line 4, Page 17, to require fifteen (15) days written notice to revoke or modify the Agreement by the City Commission (not thirty [30] days' notice). 2. Traffic engineering: a) The exhibit for the layout of the Seminole boat landings site is needed to make comments; 3. Stormwater• a) No comments 4. Solid waste: a) No comments 5. Parks and Recreation: a) The use of Recreation/Open Space impact fees shall comply with Article II, Sec. 54.25 and Article III, Sec. 54.55 of Chapter 54, Recreation and Open Space land Dedication of the Code of Ordinances. 6. Landscaping: a) No comments 7. Land resource: a) No comments 8. Harbor Master: a) Need dollar estimates of what is being requested of the city (Marina) to fund; b) The ramps work fine as they are for the existing users and do not need to be improved; applicant should clarify if s/he would pay for any enhancements. 9. Fire: a) No comments 10. Environmental: a) Seminole Boulevard should be Seminole Street; 11. General engineering: a) Need to address easement for access through city land to site; NOTES: • Additional review, comments and subsequent resolutions may be required based on responses to the above information requested; • Clearly indicate any and all revisions on all future submittals; • 15 sets of everything to be submitted to Staff by November 18, 2002 in order to be scheduled for a December 17, 2002 CDB meeting; pending sufficiency determination. DRAFT CONDITIONS: Messssage Pagel of 2 Wells, Wayne From: Akin, Pam Sent: Friday, November 15, 2002 1:49 PM To: Tarapani, Cyndi; Fierce, Lisa; Harriger, Sandy; Phillips, Sue; Wells, Wayne; Morris, William; Dunbar, Kevin E. Subject: RE: Clearwater Bay Development Agreement Agreed -----Original Message----- From: Tarapani, Cyndi Sent: Friday, November 15, 2002 11:55 AM To: Fierce, Lisa; Akin, Pam; Harriger, Sandy; Phillips, Sue; Wells, Wayne; Morris, William; Dunbar, Kevin E. Subject: RE: Clearwater Bay Development Agreement I understand from a phone conversation today with Ben that the developers believe that this and other submittals to be delivered late Monday will make their application sufficient. I want to reiterate my concerns about this late entry of new information-while I understand completely the importance of this project, since the City is making commitments in the agreement, I want us to be sure we understand and agree with the commitments. And of course, the writing of the agreement and staff analysis/reports take time to be correct. I think we need to discuss as soon as possible and see if this additional information makes them complete and whether we will be able to respond on the policy issues in time to make the Clerk's advertising deadline which is Wednesday, November 20. Would all review the document for their issues and maybe we need to meet Monday afternoon? Thanks. -----Original Message----- From: Ben Harrill [mailto:ben@fhlaw.net] Sent: Friday, November 15, 2002 11:41 AM To: Fierce, Lisa; Akin, Pam; ctarapan@clearwater-fl.com; rstone@cleawater-fl.com Cc: dharrilll@yahoo.com; jerry@figurskiharrill.com Subject: Clearwater Bay Development Agreement Attached please find a copy of the proposed Development Agreement for Clearwater Bay Marina containing those changes requested by the City at the meeting yesterday. While we will formally submit the revised agreement Monday with the appropriate exhibits, I am sending an advance copy by email to allow some additional time for review since there seems to be some concern about processing time. We have also modified the Agreement to reflect the discussions concerning the Seminole Street Launch Ramp improvements, which would: (1)require the submission of a detailed improvement plan; (2) allow the nature and extent of improvements to be ultimately approved by the City Commission;and, (3) cap the City's participation in all improvements at $150,000.00. In addition, we have deleted the "operations agreement" for the boat ramp as an exhibit, and the agreement now states the City and developer will negotiate in an effort to develop such an agreement, subject to approval of the City Commission. As always, should you have any questions or concerns please do not hesitate to contact me. Thank you. Ben Harrill 11/15/2002 aMessage Page 2 of 2 Figurski & Harrill 11/15/2002 A 2:00 p.m. Case: DEV2002-100010 North Osceola Avenue. Applicant: Clearwater Bay Marina, LLC. and the City of Clearwater. Owners: Decade 80-XIV Representative: Don Harrill. Location: The 8.89-acre site is located on the west side of Osceola Avenue, at the north side of the terminus of Nicholas Street. Atlas Page: 277B. Zoning: D, Downtown District. Request: Review and recommendation on a joint City/Developer development agreement with the improvement of the Seminole Boat Landings. Proposed Use: Improvements to the existing Seminole Boat Landings site including shared access and use of parking spaces, in association with a proposed, adjacent residential development of 148 attached condominium dwellings, 12 attached townhome dwellings, 120-slip marina, and 12,000 square-foot nonresidential uses (restaurant, ship's store and marina office, pool, clubhouse, etc.). Presenter: Wayne Wells, Senior Planner. Attendees included: City Staff: Ralph Stone, Garry Brumbach, Bill Morris, Beverly Busse, Wayne Wells, Glen Bahnick, Joe Colbert, Rick Albee, Deb Richter and Tom Glenn Applicant/Representative: Don Harrill, Ben Harrill, Ed Mazur, Rick Gillett, Dan Draper, Jack Coolie The DRC reviewed this application with the following comments: 1. Planning: a) Amend the Affidavit to Authorize Agent to indicate who in the organization of Decade 80-IV the signatory is (President, Vice President, etc.). Additionally, you have listed "Decade Partnerships" as the property owner, which is not the same as "Decade 80-IV." Please properly indicate the property owner in the application and in the affidavit. b) The affidavit authorizes Clearwater Bay Marina, LLC as the agent. Amend the application to indicate what your capacity is in relation to Clearwater Bay Marina, LLC (partner, secretary, etc.). It is also unclear as to the representative is (J. Ben Harrill or Donald L. Harrill), as both have signed the application. c) Revise the application to be consistent with the site plan that indicates a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. d) Revise the Supplemental Submittal Requirement (Section 4-606.B) to indicate a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. e) Revise the Development Agreement to indicate in Article 11, Section 5, a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. f) Provide Exhibit C which indicates the reconfiguration, resurfacing and restriping of the Seminole Boat Landings. The site plan must indicate all dimensions of parking spaces, drive aisles, landscape areas, handicap parking, the public restrooms, landscape plan, entry signage (include location, dimensions, sign messages, sign area, height, sign materials and colors) and all other site improvements ("amenities" is undefined) necessary to effect Article III, Section 10. g) Amend the application to include all parcel numbers of the property involved. h) Amend the application to reflect the principal business mailing address as set forth in the Development Agreement. i) Provide Exhibits "A" through "F." j) In Recital I Exhibit "B" ("Approved Plan") is cited. It is recommended to be more specific as to what constitutes the "Approved Plan" (i.e.: Sheets 1/6 through 6/6 prepared by Florida Design Consultants, Inc., dated XX and Sheets A1.01 through XX prepared by Gillett Associates, dated XX. k) In Article I in the second line, the Agreement refers to the redevelopment of the "site." It is unclear as to what constitutes the "site" or whether it should be referenced as the "Property." Revise/advise. 1) In Article 11, Paragraph 2, Page 5, third line, abandonment of the Agreement may be provided to the "City." It is suggested that a more specific entity within the City is more appropriate, such as the City Manager or the Planning Director. m) Commencement of the first phase referenced in Article II, Paragraph 5, should be more in concert with Building Code requirements for performance of "work" under building permits issued. If "work" is abandoned under the Building Code, the Agreement should also be deemed abandoned. Draft DRC agenda - November 14, 2002 - Page 19 A This Paragraph9uld be revised to require commencement of0first phase within XX months of the approval of the Development Agreement by the City Commission. n) In Article II, Paragraph 7, utilities are to be underground "where practical." This term is vague and should be more defined and as to who determines whether under-grounding is "practical." o) Revise "Seminole Boat Landings" to "Seminole Street Launch Ramp" under Article III, Paragraph 10, line 2 on Page 6; under Article III, Paragraph 10, line 3 on Page 7; under Article III, Paragraph 12, line 2 on Page 7; under Article III, Paragraph 13, line 1 on Page 7; under Article III, Paragraph 14, line 2 on Page 8; under Article III, Paragraph 16, line 2 on Page 8, line 4 on Page 9 and line 6 on Page 9; under Article III, Paragraph 17, line 3 on Page 9; under Article V, Paragraph 25, line 3 on Page 12; and under Exhibit "E" on Page 21. p) Article III, Paragraph 10, requires the construction of public restrooms at the Seminole Street Launch Ramp. Who is designing and deciding.what will be constructed and the cost for such? Advise/revise. q) Article III, Paragraph 11, does not define "amenities" that will be installed by the City. Define. Also, this Paragraph 11 requires the installation of "landscaping, entry signs and amenities" by the City. Who is designing and deciding what is to be installed and the cost for such? Advise/revise. r) Article III, Paragraph 11, requires the installation of the landscaping, entry signs and amenities prior to the completion of the reconfigured parking area but no later than the first certificate of occupancy of either the "restaurant, condominiums and/or ship's store/marina office." It is noted that only the northern condominium tower is proposed to be constructed under Phase I. Revise. s) Article III, Paragraph 12, requires the City to install and operate, at the City's cost, "decorative lighting" ... "consistent with both the requirements and design standards of Exhibit B." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. t) Article III, Paragraph 13, refers to the "attached Site Plan" regarding parking for the Clearwater Theater. Provide the site plan. u) Article III, Paragraph 14, refers to the "attached Site Plan" regarding fencing of the Seminole Street Launch Ramp. Provide the site plan. v) Article III, Paragraph 14, last sentence provides for the splitting of costs equally for "any entrance amenities, including any gated features." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. w) Article III, Paragraph 15, refers to wrong paragraphs. Revise. X) Article III, Paragraph 18, line 9, refers to "along the southern of the Clearwater Bay Development." Along the southern what? y) Article IV, Paragraph 19, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the Theater site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. z) Article IV, Paragraph 20, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the District site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. aa) Article V, Paragraph 21, last line, "agreement" should be "Agreement." bb) Article V, Paragraph 23, line 4, amend "Land Development Regulations" to "Community Development Code." It is also recommended that minor or major amendments may require amendment of the Agreement. cc) Amend "Article V - Mutually Binding General Provisions" on Page 11 to "Article VI - Mutually Binding General Provisions." dd) Article VI, Paragraph 27, line 1 and line 3, amend "Land Development Regulations" to "Community Development Code." ee) Ensure under Article VI, Paragraph 29, on Page 13, that all names, departments, addresses and zip codes are correct and current. . ff) Article VI, Paragraph 33, subparagraph (3)(e) on Page 16, amend "Land Development Code" to "Community Development Code." gg) Article VI, Paragraph 35, line 1 on Page 17, requires review once every twelve (12) months. Of what or from what date? hh) Article VI, Paragraph 41, line 7, Page 18, is unclear as to its meaning ... "the terms A failure of consideration @ shall..."(?). Revise. ii) Article VI, Paragraph 44, Page 19, is unclear. What "redevelopment plans presently pending with the City" is this referring to? Draft DRC agenda - November 14, 2002 - Page 20 jj) Article VI, Ptaph 44, line 4, Page 19, is unclear as to its leaning ... "as Exhibit AB@." Revise. kk) Under Paragraph 5 of the Supplemental Submittal Requirement sheet, it states that the zoning and land use categories of all adjoining properties are included in the site plan submission. These are missing. Please submit. 11) The Agreement must contain a finding of that the requirements for concurrency as set forth in Article 4 Division 9 of the Community Development Code has been satisfied. mm)Article VI, Paragraph 32, does not provide for the developer to pay for recordation of the Agreement. nn) Amend Article VI, Paragraph 35, line 4, Page 17, to require fifteen (15) days written notice to revoke or modify the Agreement by the City Commission (not thirty [30] days' notice). 2. Traffic engineering: a) The exhibit for the layout of the Seminole boat landings site is needed to make comments; 3. Stormwater• a) No comments 4. Solid waste: a) No comments 5. Parks and Recreation: a) The use of Recreation/Open Space impact fees shall comply with Article II, Sec. 54.25 and Article III, Sec. 54.55 of Chapter 54, Recreation and Open Space land Dedication of the Code of Ordinances. 6. Landscaping: a) No comments 7. Land resource: a) No comments 8. Harbor Master: ' a) Need dollar estimates of what is being requested of the city (Marina) to fund; b) The ramps work fine as they are for the existing users and do not need to be improved; applicant should clarify if s/he would pay for any enhancements. 9. Fire: a) No comments 10. Environmental: a) Seminole Boulevard should be Seminole Street; 11. General engineering: a) Need to address easement for access through city land to site; NOTES: • Additional review, comments and subsequent resolutions may be required based on responses to the above information requested; • Clearly indicate any and all revisions on all future submittals; • 15 sets of everything to be submitted to Staff by November 18, 2002 in order to be scheduled for a December 17, 2002 CDB meeting; pending sufficiency determination. DRAFT CONDITIONS: Draft DRC agenda - November 14, 2002 - Page 21 t .y UNAPPROVED Present: Tom Horne Hank Epstein Edward O'Brien Nick Matsis Denis Sparks Absent: Dick Safirstein Paul J. Kelley MARINE ADVISORY BOARD CITY OF CLEARWATER November 13, 2002 Chair Board Member Board Member Board Member Board Member Board Member Board Member Also Present: Bill Morris Marine & Aviation Department Director Reg Owens Economic Development & Housing Director Catherine Yellin Senior Staff Assistant Brenda Moses Board Reporter The Chair called the meeting to order at 8:00 a.m. at the Marina. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #2 - Minutes Approval from October 9, 2002 Member Sparks moved to approve the minutes of the regular meeting of October 9, 2002, as submitted in written summation to each Board Member. The motion was duly seconded and carried unanimously. ITEM #3 - Other Business Downtown Waterfront Economic Development & Housing Director Reg Owens reviewed a map of the waterfront area below the bluff and bayfront surrounding the Memorial Causeway Bridge and Coachman Park. He said staff is considering if a bayfront marina can be placed on the north side of the new Memorial Causeway Bridge and a basin in front of Pierce 100. Discussions have been held by the Commission with respect to redevelopment of the City Hall property in conjunction with nearby properties owned by the Calvary Baptist Church. The MAB (Marine Advisory Board) and staff are suggesting transient and permanent boat slips. Boaters would have access to the fuel dock at the Clearwater Marina. The City is hiring a consultant to address environmental impacts, waterfront boat slips, etc. It was remarked that waterfront amenities are an important component to the revitalization of the downtown. Discussion ensued regarding boat slips and ongoing maintenance fees, which are commonly imposed in other cities as an ongoing source of revenue. It was felt that Coachman Park should not be turned into a parking lot to support boat slips. Transient waterfront slips to mmab1102 11/13/02 support events in Coachman Park would be preferable, with some condominium slips or other type of marina slips near Coachman park. Staff is looking at all options including water shuttles. Mr. Morris said the Alton, Illinois municipal marina is entirely on wooden floating docks, including the office, fuel tanks and boat slips. They did incorporate a breakwall in the design. In response to a question, Mr. Owens said fishing piers near the bayfront also needs to be addressed. Mr. Morris said the Public Works Administrator has proposed that after the Drew Street dock lease reverts back to the City control in 2004, that the dock be used as an interim fishing pier until docks are built on or near the bayfront. He said that a fishing pier under the bridge on the west end would spurn bridge security and controlled access issues. Bridges already are becoming a soft target for terrorism. Mr. Owens said Clearwater Bay Marine is working with the Planning Department regarding final development plans. It was suggested that the proposed downtown marina could be a more upscale marina than the municipal marina, with higher slip fees. Mr. Owens said he intends to meet regularly with the MAB regarding waterfront planning. Mr. Morris said the MAB's voice is being heard by the Commission and staff. He agreed the downtown marina should be developed as an upscale site and the Clearwater municipal marina should remain as an affordable community site. Seminole Launch Ramp It was suggested the Seminole launch ramps be expanded for parking and small motor boats. Mr. Morris said part of the difficulty expanding that launch ramp is it is only busy on weekends and holidays. It was remarked that a developer is proposing more green space and more separation from the launch ramp at the Seminole launch ramp site. He wants the City to contribute $150,000 to the effort, which Mr. Morris is against. He does not have the funds available and feels it is the developer's responsibility to beautify the area. MAB members supported Mr. Morris' concerns. Vessel Exclusion Area Mr. Morris presented photographs of Shepard's Restaurant and aerial views of Clearwater Pass. He is working with the State Fish and Wildlife Commission to put a vessel exclusion area from the Clearwater Pass bridge to the jetty by the Adam's Mark with access corridors so businesses can still run rental operations such as jet skis, etc. This action would push boats and wakes into deeper water. MAB members expressed their support of the action. Abandoned Sailboat Mr. Morris said in October, Pinellas County ticketed an abandoned sailboat off the temporary parking lot on the Memorial Causeway. The registration numbers had been scratched off and the boat was left in the water for several weeks. After 60 days, Pinellas County will dispose of it. mmab1102 2 11/13/02 ly 0 • Island Estates Civic Association Meeting - Public Access Docks Mr. Morris said he is attending the Island Estates Civic Association meeting tonight to talk about public access docks in broad terms and get their input regarding what they can do to support them. He is looking to expand public access docks wherever possible. Suggested locations are: 1) Island Way Grill; 2) Frenchy's; 3) Drew Street dock/Coachman Park; and 4) the Yacht Basin. Self-contained Dredge Mr. Morris said he is considering purchasing a new self-contained dredge that can pump a mile long of piped material without a booster pump. The equipment would cost $225,000. The Army Crops of Engineers has indicated they would ask the Marina to perform annual/as-needed maintenance of the main channels should the Marina purchase that equipment. The first year, approximately $100,000 would be realized. The dredge also could be used for beach renourishment and other projects. Member O'Brien moved to encourage and endorse Mr. Morris' suggestion that the City purchase and operate the dredge. The motion was duly seconded and carried unanimously. Reopening Shoaled Areas Mr. Morris said he is looking at reopening.some areas of the City that have closed due to shoaling. Clearwater Sailing Center It was suggested that MAB members join the Sailing Center and support it. Barbara Short, President of the Clearwater. Community Sailing Association, said she is waiting for accounting statistics regarding residents and visitors served, but that the Sailing Center had a phenomenal first month under the new management. She said Mr. Morris is excellent to work with. She said the new full time Director Dan Reeder and Assistant Director Michael Zorens are on board and bring a wealth of expertise with them. Lots of maintenance also is being done. She reviewed the events this weekend, which included the Women's Sunfish North American Regatta, Sailability classes, Learn to Sail Program, Coast Guard Auxiliary Boating Course, and Windjammer's Races. She said Member Epstein has offered to direct an ongoing public relations article for the Beach Gazette and other publications. The Jolley Trolley will carry advertisements about the Sailing Center. The Director will be working with local hoteliers for joint advertising. A fund-raising cocktail party is being planned at the Sheraton Starwood in January or February. It was suggested the City needs to help promote the Sailing Center in their promotional materials, advertisements, and on C-View TV. It was remarked that the Public Communications Director is very receptive to providing that type of support. It was suggested supplying her with photographs and related materials, as their department produces first class productions. mmab 1102 . 3 11/13/02 0 9 Member Epstein moved that the MAB recommend to the Commission that the Public Communications Director enhance the promotion of the Sailing Center in all media. The motion, was duly seconded and carried unanimously. ITEM #4 - Agenda for next meeting on December 11, 2002 This item was not discussed. ITEM #5 - Adjournment The meeting adjourned at 9:05 a.m. Chair Marine Advisory Board Attest: Board Reporter mmab1102 4 11/13/02 Y Date Page 1 of 4 From: Akin, Pam Sent: Wednesday, November 13, 2002 5:24 PM To: Wells, Wayne Subject: Osceola N 0900 Dev. Agree. Complete Letter November 13, 2002 Mr. Donald Harrill 900 North Osceola Avenue Clearwater, FL 33755 RE: Application for a Development Agreement for Clearwater Bay Marina the jaim impr&ve"teM of +he Seminole Street Infttiteh R&M, under the provisions of Section 4-606 (Case No. DEV2002-10001, 900 N. Osceola Avenue). Dear Mr. Harrill: The Planning staff has reviewed your application for a Development Agreement for Clearwater Bay Marina the joint 64)4deveieper of the Semifiele Street ?6a"neh , under the provisions of Section 4-606 at 900 N. Osceola Avenue. After a preliminary review of the submitted documents, staff has determined that. the application is generally complete, but with the following revisions: 1. Amend the Affidavit to Authorize Agent to indicate who in the organization of Decade 80-IV the signatore is (President, Vice President, etc.). Additionally, you have listed "Decade Partnerships" as the property owner, which is not the same as "Decade 80-IV." Please properly indicate the property owner in the application and in the affidavit. 2. The affidavit authorizes Clearwater Bay Marina, LLC as the agent. Amend the application to indicate what your capacity is in relation to Clearwater Bay Marina, LLC (partner, secretary, etc.). It is also unclear as to the representative is (J. Ben Harrill or Donald L. Harrill), as both have signed the application. 3.. Revise the application to be consistent with the site plan that indicates a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 4. Revise the Supplemental Submittal Requirement (Section 4-606.B) to indicate a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 5. Revise the Development Agreement to indicate in Article II, Section 5, a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 6. Provide Exhibit C which indicates the reconfiguration, resurfacing and restriping of the Seminole Boat Landings. The site plan must indicate all dimensions of parking spaces, November 13, 2002 Harrill - Page 2 drive aisles, landscape areas, handicap parking, the public restrooms, landscape plan, entry signage (include location, dimensions, sign messages, sign area, height, sign materials and colors) and all other site improvements ("amenities" is undefined) necessary to effect Article III, Section 10. file ://\\M S 5 c\PD S\Planning%20Department\C%20D%20B\FLEX\Pending%20cases\Up%... 11/14/2002 'v Date ? • Page 2 of 4 37. Amend the application to include all parcel numbers of the property involved. 8. Amend the application to reflect the principal business mailing address as set forth in the Development Agreement. 9. Provide Exhibits "A" through "F." 10. In Recital I Exhibit "B" ("Approved Plan") is cited. It is recommended to be more specific as to what constitutes the "Approved Plan" (i.e.: Sheets 1/6 through 6/6 prepared by Florida Design Consultants, Inc., dated _ and Sheets A1.01 through prepared by Gillett Associates, dated 11. In Article I in the second line, the Agreement refers to the redevelopment of the "site." It is unclear as to what constitutes the "site" or whether it should be referenced as the "Property." Revise/advise. 12. In Article II, Paragraph 2, Page 5, third line, abandonment of the Agreement may be provided to the "City." It is suggested that a more specific entity within the City is more appropriate, such as the City Manager or the Planning Director. 13. Commencement of the first phase referenced in Article II, Paragraph 5, should be more in concert with Building Code requirements for performance of "work" under building permits issued. If "work" is abandoned under the Building Code, the Agreement should also be deemed abandoned. This Paragraph should be revised to require commencement of the first phase within _ months of the approval of the Development Agreement by the City Commission. 14. In Article II, Paragraph 7, utilities are to be underground "where practical." This term is vague and should be more defined and as to whom determines whether undergrounding is "practical." 15. Revise "Seminole Boat Landings" to "Seminole Street Launch Ramp" under Article III, Paragraph 10, line 2 on Page 6; under Article III, Paragraph 10, line 3 on Page 7; under Article III, Paragraph 12, line 2 on Page 7; under Article III, Paragraph 13, line 1 on Page 7; under Article III, Paragraph 14, line 2 on Page 8; under Article III, Paragraph 16, line 2 on Page 8, line 4 on Page 9 and line 6 on Page 9; under Article III, Paragraph 17, line 3 on Page 9; under Article V, Paragraph 25, line 3 on Page 12; and under Exhibit "E" on Page 21. 16. Article III, Paragraph 10, requires the construction of public restrooms at the Seminole Street Launch Ramp. Who is designing and deciding what will be constructed and the cost for such? Advise/revise. 17. Article III, Paragraph 11, does not define "amenities" that will be installed by the City. Define. Also, this Paragraph 11 requires the installation of "landscaping, entry signs and amenities" by the City. Who is designing and deciding what is to be installed and the cost for such? Advise/revise. November 13, 2002 Harrill - Page 3 18. Article III, Paragraph 11, requires the installation of the landscaping, entry signs and amenities prior to the completion of the reconfigured parking area but no later than the first certificate of occupancy of either the "restaurant, condominiums and/or ship's store/marina office." It is noted that only the northern condominium tower is proposed to be constructed under Phase I. Revise. 19. Article III, Paragraph 12, requires the City to install and operate, at the City's cost, "decorative lighting" ... "consistent with both the requirements and design standards of Exhibit B." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. 20. Article III, Paragraph 13, refers to the "attached Site Plan" regarding parking for the Clearwater Theater. Provide the site plan. 21. Article III, Paragraph 14, refers to the "attached Site Plan" regarding fencing of the Seminole Street Launch Ramp. Provide the site plan. 22. Article III, Paragraph 14, last sentence provides for the splitting of costs equally for "any file://\\MS5c\PDS\Planning%20Department\C%20D°/a20B\FLEX\Pending%20cases\Up%... 11/14/2002 Date • • Page 3 of 4 entrance amenities, including any gated features." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. 23. Article III, Paragraph 15, refers to wrong paragraphs. Revise. 24. Article III, Paragraph 18, line 9, refers to "along the southern of the Clearwater Bay Development." Along the southern what? 25. Article IV, Paragraph 19, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the Theater site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. 26. Article IV, Paragraph 20, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the District site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. 27. Article V, Paragraph 21, last line, "agreement" should be "Agreement." 28. Article V, Paragraph 23, line 4, amend "Land Development Regulations" to "Community Development Code." It is also recommended that minor or major amendments may require amendment of the Agreement. 29. Amend "Article V - Mutually Binding General Provisions" on Page 11 to "Article VI - Mutually Binding General Provisions." 30. Article VI, Paragraph 27, line 1 and line 3, amend "Land Development Regulations" to "Community Development Code." 31. Ensure under Article VI, Paragraph 29, on Page 13, that all names, departments, addresses and zip codes are correct and current. > > fees. it is tte+e4 1.1-t 4., Battrd of E;6"ft+Y se +he rMes for 33. Article VI, Paragraph 33, subparagraph (3)(e) on Page 16, amend "Land Development Code" to "Community Development Code." November 13, 2002 Harrill - Page 4 , 34. Article VI, Paragraph 35, line 1 on Page 17, requires review once every twelve (12) months. Of what or from what date? This is statutory language. We could make it at the anniversary date. 35. Article VI, Paragraph 41, line 7, Page 18, is unclear as to its meaning ... "the terms A failure of consideration @ shall..."(?). Revise. 36. Article VI, Paragraph 44, Page 19, is unclear. What "redevelopment plans presently pending with the City" is this referring to? 37. Article VI, Paragraph 44, line 4, Page 19, is unclear as to its meaning ... "as Exhibit AB@." Revise. 38. Under Paragraph 5 of the Supplemental Submittal Requirement sheet, it states that the zoning and land use categories of all adjoining properties are included in the site plan submission. These are missing. Please submit. 39. The Agreement must contain a finding of that the requirements for concurrency as set forth in Article 4 Division 9 of the Community Development Code has been satisfied. 40. Article VI, Paragraph 32, does not provide for the developer to pay for recordation of the Agreement. 41. Amend Article VI, Paragraph 35, line 4, Page 17, to require fifteen (15) days written notice to revoke or modify the Agreement by the City Commission (not thirty [30] days' notice). Any responses to the above comments may be helpful at the DRC meeting, but additional comments will be provided at the DRC meeting. The above comments and comments you will receive at the DRC file://\\MS5c\PDS\Planning%20Department\C%20D%20B\FLEX\Pending%20cases\Up%... 11/14/2002 Date Page 4 of 4 meeting must be addressed and submitted to the Planning Department by 4:30 p.m. on November 18, 2002 (including the original and 12 copies of all submittals). The Development Review Committee (DRC) will review the application for sufficiency at 2:00 p.m. on November 14, 2002, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building, 100 South Myrtle Avenue, in Clearwater. . You or a representative must be present to answer any questions that the DRC may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4504. You can access zoning information for parcels within the City through our website: www.clearwater-fl.com. Sincerely, Wayne M. Wells, AICP Senior Planner Cc: Ed Mazur, Florida Design Consultants, Inc. file://\\MS5c\PDS\Planning%20Department\C%20D%20B\FLEX\Pending%20cases\Up%... 11/14/2002 0 t A A. Z?Lo re?:? 4c I;ov?: b & pokit ?? ,e- o o.?tri A4 eel. W fir) tBa.rc-pl' c-Jk_ rnsu.e. +- 4c, r oJ- i l er- o a_ S (\A t )631 F? ll 30"k vX-A rA4 ki 8 Y%MN C.Q1 K W ? ` 1 ?? 8. ocrl?• " of a efv 3+ or g r cu 4t-?ft .i - ? 7 g. ? rs e,..? -)t D o 000. . 1 41 0 1 0 A? , ls? e ? Who, SGA?- iS c?r3ea ' KA a --D d ? ?s c 04 s : - b? •4 a 7 Pa r*vk QN IT 01 C] • Wells, Wayne From: Fierce, Lisa Sent: Friday, November 08, 2002 9:34 AM To: Wells, Wayne Subject: clearwater bay marina this is the electronic version of what i sent to you Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@clearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Tarapani, Cyndi Sent: Thursday, November 07, 2002 11:05 AM To: Fierce, Lisa Subject: FW: Pam's comments on DA for Boat docks. thanks. -----Original Message----- From: Akin, Pam Sent: Wednesday, November 06, 2002 2:58 PM To: Ben Harrill (E-mail) Cc: Stone, Ralph; Tarapani, Cyndi Subject: 23. Adjacent Property. Clearwater Bay has been working with the City and the governing Board of the Clearwater Little Theater in an effort to find a new location for the Theater in order to make the Little theater property available for redevelopment. In the event a successful relocation could occur, Clearwater Bay would be given the opportunity acquire the site in a manner consistent with the City Charter. In the event that the property becomes part of the Clearwater Marina Development, and residential densities for the little Theater property would be increased as provided in the Land Development Code and the Periphery Plan. ( Since this is not in your development plan, in order to be approved in this agreement you will have to include a description of density and height.) Clearwater Bay and the City agree to cooperate with each other in an effort to find a suitable new site acceptable to the Little Theater. 24. Expansion of Bayside Restaurant. As part of its development project Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the marina properties in accordance with the Approved Ons. This part of the project is adjaet to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. ( Since this is not in your development plan, in order to be approved in this agreement you will have to include a description of building intensities and height.) The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property and assuming submission of required plans and compliance with all applicable codes, the expansion of the restaurant activities. 10(111oti(?I ?'! e??l f c?/ DEVELOPMENT AGREEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of , 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 2435 U.S. Highway 19, Suite 350, Holiday, Florida 34691 hereinafter referred to as "Clearwater Bay". RECITALS: A. The City previously issued elopmen eroor the \Devel Marina Project author' ing th development of the propert described iClearwater Bay in accordance ith the requirements o City's LaRegulations; and r approval by he City authorized t e construction of 140 B. This pri co dominium units, 13, 0 square feet of ffice, restaurant and re it development, and a 112 etslip marina; and Subsequent t the approval of the elopment er, the City and Clearwate ay have identifie the necessity force ain enhancemen and improvements to both the dev pment as roposed and the City wned prope ies adjacent to the 1 • Clearwater Bay Marina project which i mmonly re d to as "Seminole Boat Landings' a d D. These improvem nts to the development and the minole Boat Landings will se %eto enef it the citize of the City of Clearwater and at the same ' e enhancgAKe waterfoperties alo Clearwater Harbor within the Downtown V I District; and E. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Boat Landings, serving the citizens of Clearwater; (a Vol F. Through its red evelGpAwAHAM the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need modernization d improvement; and G. The City has i entified the Clearwater Bay Marina Project as a development which , hen completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating existing boatyard operations din a residential area; (3) eliminating existing casino cruise n .12 operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst for future redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and H. In recognition of the numerous benefits associated with the Clearwater Bay D Marina redevelopment project, the City has agreed to enter into this Development , beautification, Agreement with Clearwater Bay to assist in the landscaping, k4* -- % and improvement of the Seminole Boat Landings which is curreni;ly operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and 1. The City and Clearwater Bay. entered into negotiations in order to identify desired improvements and additions to the Seminole Boat Landings property and to establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and J. As a result of these negotiations, the City and Clearwater Bay have also lentered into his Agreement for the purpose of confirming the development righaff?rded wl b L i s Clearw ay by the Ci and to address the redevelopment of th Seminol n in and K. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development agreements in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and L. Both the Act and Article 4 - 6.06 e, a wfipt to asgure devel rs, upon opment may kroge-edin accordance Clearwater_C.ar?-munityi?Sevelopment all developrfient permit at existing laws -Od poli subject to the G_- 0 0 s o a eve opmen agreement; an , M. Clearwater Bay and the City desire to enter into this written agreement setting forth the terms and conditions of su uent development approval for the property described in Exhibit "A" and the specific requirements and timetables for the improvement of public facilities which will be part of the redevelopment project for the Clearwater Bay Marina property in accordance with the provisions of the Clearwater Comprehensive Plan and the Clearwater Land Development Regulations; and N. The Clearwater Bay Marina consist f 8.89 es of land situated within the City of Clearwater and located,Wof Fort Harrison Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The parcel is.to be developed for residential condominiums, townhomes, retail, restaurant, office, s; nd 0. Clearwater Bay desires to develop the property in a § a more particularly described and depicted on the plan attached hereto as Exhibit "B" ("Approved Plan"). The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the t Plan and City may provide terms and conditions governing such actions; and Z. P. A ub ' ur Xn for the development a Prop rty as provided in the greement in at the Agrill ensure a redev elopment of eal property within e City o learwater along o ant tax revenue and cre ion of bu ' ss and employment in th6-deVVntown Clearwater area. 0 0 NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE It is the purpose and intent of this Agreement to set forth the terms and conditions which identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements which are desired by the both the City for the benefit of the O u 1 general public and Clearwater Bay to enhance its redevelopment efforts associated with 1 its development. This Agreement is intended to define the terms and conditions for the, construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and conditions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: 1. imitation of F U-ALLY-AG EED-TO DEVELOPMENT CHARACTERISTICS and Wtual Commitments. The above recitations are true a d correct and are incorporat9d herein by this reference. erated in this Article are those 2. Recital. The deve pment conditions as a flJfl1 characteristics which City rees to appro y and through the site plan approval ,velb 5 1 0 0 00? 0? process, assuming that CI_9w_wuaUwRay meets the conditions retforth this Development Agreement-a-6d with which Clearwater Bat agrees to comply' Both-par' lies hereby agree implement these conditions by their re C? 3. Lecial Description and Ownership. The Prop rty to which this Agreement applies is legally described in Exhibit "A", which is incor orated herein by reference. Clearwater Bay is the owner of the Property. The Prope y is 4?" D", Downtown istrict and ' t?d CBD, *NW"W - 92?? Central Business Distric nder the City's Comm ity Developmen de. Title to the real t property is in, ecade Partnershi s. ' Effective Date of Develo me t Agreement. The effective date of this Development Agreement is the tbidyditst- day following the date this Development Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. Furthermore, prior to Clearwater Bay's commencement of any construction authorized hereunder, Clearwater Bay may formally abandon this Agreement by providing the City written notice of its decision to abandon development under the terms of the Agreement. Upon the submission of such notice in accordance with the notice requirements contained herein, 0 this Agreement shall be deemed abandoned and of no further force or effect, and each party shall be relieved of any obligation hereunder. b I ? t 6 • 5. Agreement shall be to years from the Developme greement may be extender app al by the Clearwater City Commissi n Florida Statutes Section 163.3225. 6. examined fpr ; this Develop ant Agr ant. In the this Developm Agreeme this • The duration of this Development Date hereof. The dur of this the agreeme of both parties and following a_pu lic hearing in accordance with _ eloph?e Icl. m l pianc? wa c flict bet t it Aar ent shII be a end opted any ?4ulati or\ code, ordinanbA, or polid? f general ap IW' afion in su a uent to the ective Date d t li use or amou of floor ea set forth in nt A_ g? ent I preclude the type of ad Plan. 7. Required Permits. The following department permits ar required to be approved for development of the property: Site plan approval; Florida Department ,9f G" a Environmental Protection permits; utility permits; building permits h afore- ferenced v development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agreement. 8. Uses Permitted. Devet? uses permitted on the r perty shall be limited to the following uses consistent with the ved : 148 Vresidential condominiums, 12 townhomes, a 120 wet slip marina, a restaurant , a ship's store and marina office, a pool clubhouse and amenitie and :like use There shall be a maximum of 12,000 square-foot gross floor area in those buildings used for non-residential _6/1 UM, kV ? es. The project is to be constructed in two (2) phases with the first phase commencing within twenty-four (24) months of the receipt ofo rM7 Yeti- to approval he remaining phasing schedule shall be consistent with the schedule depicted on the ed Plans. imum o , building cz?verag Waxim m permissible heig -IOp ooT te+tin-elevation, plus an allo nca- the sloping of the sit measured above base flood elevation ("BFE"). Du o the signif? t-s ope of the site the "allowance'--for site rade differential for purpose of determining maximuml eight-shall be determined by subtracting the low t elevation of the most on its most easterly grade differential an then may be added to the 150' maximum height above 9. Setbacks. n nts the site presently anticipated that Clearwater Bay may seek se# variances from the seawalls of the yacht basin. 10. Availability of Infrastructure. The roads, landscaping, and other internal, rly boundary of the project from the highest elevation point of the site developer provided infrastructure serving th roperty shall be completed befor a .,,e, 4P J)4? % certificate of occupancy may be issued r the project. 1116 11. Utility Installation; ite Li htin . Clearwater Bay shall install all utilities underground ere practicaj d shall screen all utility facilities. Clearwater Bay shall comply with all Cfty-e? Sces regarding site lighting in effect at the time of application for the building permit for those improvements. C71P 12. Parking. Clearwater Bay shall provide parking on th Property rsuant to the Plan co ec nica u the uildin ermit for those im r 13. City Cooperation. City shall cooperate with Clearwater Bay in any ter B y nd City can comply with the terms of reasonable manner such thatJb th Clmrw this Agr?eemgnSecifically, as long as Clearwater Bay proposes development improvements consistent with this Agreement, City will 'oin in a dra+re permit a lications or othe similar permit a plications as needed to complete the cheme `? . ar mated herei • however, is provision shall not be c ued to require City's participation in any lit "on, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE III. REDEVELOPMENT OF SEMINOLE BOAT LANDINGS 14. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminole Boat Landings property shall be reconfigured resurfaced and restriped by the City in general conformity with the Site Plan attached hereto as Exhibit "C". In addition the improvements shall include amongst other items the construction of public restrooms to 9 • • &11 el serve the citizens utilizing the Seminole Boat andin These improvements shall be provided by the City and shall be commenced t such time as Clearwater Bay commences construction on the adjacent property for its restaurant, condominium and/or ship's store/marina office. The cost of the improvements to the parking area and t l construction of the restrooms shall be th res an scaping and Amenities. he landscaping pl entry signs and amenities hall be installed by the City prior to completion of the reconfigured parking area C but no later than the issuance by the City of the first certificate of occupancy to Clearwater Bay for either the restaurant, condominiums and/or ship's store/marina office on the adjoining property. The costs of the landscaping, entry signs and ?menities r hall be paid z 04' V? fifty percent (50%) by the City and fifty percent (50%) by Clearwater Bay; provided, if iowever, that under no circumstances shall the total am ei tributed by Clearwater ?BaY for such improvements exceed the total amount impact fee a able for the ? ?p(y, Y development authorized hereunder. 16. Lighting. The City, at its costs, shall be responsible for installation and operation of decorative lighting of the Seminole Boat Landings sufficient for ade uate security and consistent with both the requirements and design standards of th attached,. , Site Plan and any applicable City codes. COQ v ` - 17. Availability of Spaces at Seminole Boat Landings. All non-boat parking V spaces shall be available for use by Clearwater Bay for its non-residential development at tim-ec f the day. In addition, aft r 4:30 p.m. of each and every day and through 1:30 'j 10 a.m. th 'ng day, all boat trailer spac s which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. Provided owever, the parking for the Clearwater Theater, as depicted upon the attached Site Plan hall not be available to Clearwater Bay without the express written permission of the Clearwater Theater. 18. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be required to, proceed with fencing the perimeter of the Seminole Boat Landings as depicted k in the C??ed Site Plan n order to provide appropriate security for the facility and 1 ?(\ J adjoining properties. This fencing may include the right to install security gates at the entry way to the parking and launching facility as long as Clearwater Bay allows for public entry into the facility in accordance with the hours of operations and rules and regulations established by the City. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. Any entraame s, including any gated features shall be split ually between the City and Clearwater Bay. 19. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against any City recreatio or par impact fee levied against new development for any and all monies or funds which Clearwater Bay expends pursuant to its obligations in paragraphs 15 nd q]:i;4e. In the event recreation impact fees have previously been paid by Clearwater Bay then said credit shall take the form of reimbursement by the City to Clearwater Bay. shall be result of the develop nt authorize rh shedby arwater Bay dem the odification of the previou reunder since strates thaMhere is no incre 11 tray as a analysis previously in traffic asso ' ed uTwstet roved development foi(the ro v or the traffic t 0 0 generated b th evelopment already on the project site 20. Maintenance. The City shall be responsible for the maintenance of the Seminole Boat Landings property including the maintenance of siignaac?e, docks, entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also b responsib r. removal of all solid waste, trash, rubbish and . ?Vi men I nta from the Seminole Boat Landings property. The City shall pay all fees associated with electrical service, water and wastewater fees, solid waste disposal services and all other fees associated with the operations for the Seminole Boat Landings property. 21. Operation. The City will enter into an Operations Agreement in a form as attached hereto as Exhibit "E" with Clearwater Bay providing for the operation of the Seminole Boat Landings in conjunction with the marina operations conducted by Clearwater Bay on it adjacent property. The operations Agreement shall have a term of equal duration as this Agreement. 22. Access Easement. Clearwater Bay intends to operate a restaurant and ship's store in the location presently occupied by the marina's bait stand along the southwestern seawall of the yacht basin. In addition, Clearwater Bay intends to construct townhomes along the southern seawall of the yacht basin, all as depicted on the Clearwater Bay site plan attached to this Agreement. In order to enhance the access to these planned facilities and confirm the existing access points and traffic circulation, the 12 City agrees to grant Clearwater Bay a per access easement for ingrqs and egress, and utilities, over the former right-of-way f r Seminole Boulevard ong the southern of the Clearwater Bay Development. The subject easemen s all be over, through, across and under the real property more particularly described in Exhibit "F", attached hereto and incorporated herein by reference. ARTICLE IV - FUTURE DEVELOPMENT 23. Adiacent Property. Clearwater Bay has been wX'ectives City and the ?' g Board of the Clearwater Little Theater in an effort to ation for the which is consistent with the long term goals and o e Theater to modernizati on of facilities, additional parking,Qnd room for long term growth. The City anNts staff shall make every reasonabjd effort to cooperate and assist the Theater and Clea*ater Bay in finding and seXuring a relocation site for the Theater. In the event a success relocation could ccur,, Clearwater Bay would be given the opportunity to provide the ne site to a Little Theater and the City and, in exchange, the City would transfer fee title to t xisting Theater site and the adjoining two City lots (inclusive of alleyway/nsities described ' Exhibit "D", to the Clearwater Bay. The existing Theater site wn become part of a Clearwater Marina Development and allowable residential d or the projectwould be creased accordingly. Clearwater Bay and the City agree to cooperate with each other in an ekort to find a suitable new site le to to Little Theater and in an effort to effectuate the exchange as described 24. Expansion of Bavside Restaurant. As part of its development project • Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the marina properties in accordance with the A? Plans. This part of the project is adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. The City agrees to cooperate with Clearwater Bay in seeking to ecure the necessary interest in t o y. exte ? ss i 'on of lgqUiLed plans and l - com sion of the restaurant activities. ARTICLE V - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 25. Completion Requirements and Guarante is agreed and under tood no certificate of occupanc for any structure all be issu d by the Cit for the dev lopment until uch time as any%ipact fees re fired tobepaid 'or to s h issuance have b n p by Clearwater BayVVV 26. Effect of Breach or Default. Clearwater Bay understands and agrees that 4,14 the execution and Performance of this A9reement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this agreement. whA 27. Clearwater Bay's Right to Cure. Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay C___ 14 0 0 followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 28. Relation of this Agreement to Site Plan or Zoning Approval. Although it is currently contemplated the property will be developed in accordance with the zoning approval,??men to th zoning aap va and plan which do not conflict with the terms ?Ile of this Agreement may be made in the manner authorized in the City's Land Development Regulations without the need of amending this Agreement. Cd'r` I WV ARTICLE V - MUTUALLY BINDING GENERAL PROVISIONS 29. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 30. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater flay for the improvement of-the Seminole Boat'Landinbs, all as more specifically provided below. No other offset, waiver or reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 31. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 32. Consistency with Comprehensive Plan and Land Development Regulations. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and land development regulations. 33. Amendment; Cancellation. This Development Agreement may be amended or canceled by mutual consent of the parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 34. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: 16 FOR City: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: erector of Perm= • FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: J. Ben Harrill 2435 U.S. Highway 19, Suite 350 Holiday, FL 34691 35. Successors Bound. This D me AgrqVnd eement. shall constitute a covenant running with the land for the duration hereo , 6h-p. burdens of the Development Agreement shall be binding upo the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 36. Failure of Development Agreement to Address Restrictions, Etc. The failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 37. Recordation, Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said 17 • confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 38. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development 18 Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's Land Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights 19 that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 39. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 40. Periodic Rev Revocation or Modification for Failure to Comply. The Ci Mangers all review the Property at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon thirty (30) days' notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay ?2 p? 6 . 0 0 shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non-compliance City's action shall become null and void. 41. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 42. Drafting of Development Agreement. The parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 43. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral or written. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 44. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the 21 • same Agreement. • 45. Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 46. Severability. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the terms Afailure of consideration@ shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 47. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 48. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the 22 0 0 prevailing party. 49. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the redevelopment plans presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project in accordance with the plans attached hereto as Exhibit ABC. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. WITNESSES: Signature Print Name Signature Print Name Signature Print Name Signature Print Name For CITY OF CLEARWATER: Signature Print Name/Title For CLEARWATER BAY MARINA, LLC Signature Print Name/Title 23 6 . 0 0 Clearwater Bay Marine Exhibit List Exhibit "A" Legal Description of Site Exhibit "B" Redevelopment Plan ?'- Exhibit C Seminole Boat Landing Plan Exhibit "D" Little Theater and Adjacent Lots Exhibit "E" Operation Agreement for Seminole Boat Landing Exhibit "F" Access Easement Description 24 46 -6 0 January 2, 2001 Mr. Donald Harrill Florida Marine and Resort Developers, Inc. 670 Island Way #305 Clearwater, Florida 33767 RE: Development Order regarding case FL 00-10-46 - 880, 900 and 908 North Osceola Avenue. Dear Mr. Harrill: This letter constitutes a Development Order pursuant to Section 4-206 D.7 of the Community Development Code. On December 12, 2000, the Community Development Board reviewed your application for Flexible Development approval to increase the height of attached dwellings from 35 feet to 100 feet and to reduce the (north) side setback from 10 feet to three feet (to an emergency access aisle), with a Comprehensive Landscape Program. The proposal includes the redevelopment of the existing Clearwater Marina to include a 140-unit condominium, 112-slip marina, a 7,000 square foot restaurant, a 2,000 square foot retail shop, and a 4,500 square foot office. Based on the application and the staff recommendation, the Board found that the proposal is in compliance with the standards and criteria for a Comprehensive Infill Redevelopment Project, the maximum development potential standards and all other applicable standards of the Community Development Code. The Community Development Board approved the application subject to the following conditions: 1. That a building permit for either the attached dwellings or restaurant be submitted within two years from approval of the site plan (December 12, 2002); 2. That the existing chain link fence along the south property line be replaced with a decorative fence including masonry columns and metal grill work; 3. That a gate be installed along the south property line to prevent restaurant patrons from parking at the Seminole Boat Ramp (City-owned) property; 4. That the existing curb cut along the west side of Ft. Harrison Avenue be removed and reflected on a revised site plan; ! ! Harrill, Page 2 880, 900 and 908 North Osceola Avenue - Development Order January 2, 2001 5. That all signage be integrated/coordinated with the building architecture and all freestanding signs be limited to monument-style signs; 6. That the final design of all new buildings be architecturally coordinated and consistent with the conceptual elevations as submitted; 7. That emergency access be provided to the south/west of the proposed restaurant/retail buildings, to the satisfaction of the Fire Marshall, prior to issuance of building permits; 8. That the cover for the boat slips along the east end of the marina be removed prior to any building permits for the attached dwellings; 9. That the balconies and views of the northernmost bank of the condominium units be oriented to the northwest, and the building line of the condominium adjacent to the residential properties to the north shall extend no farther east than what is generally shown on the sketch attached hereto as Exhibit A; 10. That no air conditioners or other mechanical equipment be located along the northern and eastern property lines and that they be located on the roof, to the extent feasible; 11. That there shall be no outdoor music or outdoor speakers at the proposed restaurant on the property; and 12. That at such time as the applicant obtains a building permit for the proposed condominium building, the applicant shall install landscaping on the property located at 301 Cedar Street (Morgan residence) generally consistent with the landscaping plan attached hereto as Exhibit B (the property owners of 301 Cedar Street will be responsible for the maintenance of same landscaping). Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (January 2, 2002). All required certificates of occupancy shall be obtained within one year of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Board may grant an extension of time for a period not to exceed one year and only within the original period of validity. Please remember that a building permit and impact fees will be required prior to the construction of the project. Should you have any questions, please call W. Ryan Givens, Planner at 727-562-4504. Very truly yours, Edward Mazur, Vice Chairman Community Development Board Cc: Gerald Figurski Ed Armstrong, Johnson, Blackely, Pope, Bokor, Ruppel & Burns, P.A. Attachments as Noted (Exhibits A and B) Harrill, Page 3 0 • 880, 900 and 908 North Osceola Avenue - Development Order January 2, 2001 Exhibit A Harrill, Page 4 0 0 880, 900 and 908 North Osceola Avenue - Development Order January 2, 2001 Exhibit B 0 0 Fierce, Lisa From: Stone, Ralph Sent: Thursday, October 17, 2002 4:22 PM To: Akin, Pam; Morris, William; Dunbar, Kevin E.; Brumback, Garry; Tarapani, Cyndi; Fierce, Lisa Subject: clearwater bay marina dev. agree in addition to the mark ups we did on the development agreement, here are the unresolved business points we discussed for ben/don et.al.: 1. we have no interest in a public restroom facility; a preferred alternative is to utilize the restrooms that will be required in the new bait house to provide this service; this will allow the operators to control who uses, hours of operation, etc.; city owned public restrooms in other outdoor recreation uses in the city are problematic for a variety of reasons 2.we need to understand the hours of operation for the resturant; we believe that it will be an evening only facility; if not we have concerns re. parking to service the resturant 3.we will define the rec/open space fees that will apply to the project and based on the applicability of the fees collected and the cost of the projects that have been proposed to be funded by these fees, we will make a decision on the use of the fees as requested 4.the access issues need to be discussed when we have some detail on a site plan that reflects the exact locations and intended use of the easement(s) 5.all of article 3 needs to be discussed in the context of the specific plan and improvement detail that is anticipated; there is no way for us to respond to the key business points related to parking, perimeter landscaping, entry signs and amenities, lighting, etc. until we have more detail including cost estimates good job all; everyone was prepared and we got the review done in a timely way; thanks C • Wells, Wayne From: Haines, Angel Sent: Wednesday, November 06, 2002 1:59 PM To: Akin, Pam Cc: Wells, Wayne; Fierce, Lisa Subject: RE: Clearwater Bay Marina Hi Pam, I have put this in interoffice mail today for you. Thx. Angel Haines Senior Staff Assistant Planning Department City of Clearwater (727) 562-4579 -----Original Message----- From: Fierce, Lisa Sent: Wednesday, November 06, 2002 10:58 AM To: Haines, Angel Cc: Wells, Wayne Subject: FW: Clearwater Bay Marina please get a copy of the development agreement to pam akin, city attorney Lisa L. Fierce Assistant Planning Director City of Clearwater - Planning Department Ifierce@cearwater-fl.com 727.562.4561 phone 727.562.4865 fax -----Original Message----- From: Tarapani, Cyndi Sent: Wednesday, November 06, 2002 10:57 AM To: Akin, Pam; Fierce, Lisa Cc: Stone, Ralph Subject: RE: Clearwater Bay Marina Pam-we will get you a copy ASAP. In the interim of delivery, you could also look at Leslie's copy that she receives as a member of the DRC. Thanks. -----Original Message----- From: Akin, Pam Sent: Wednesday, November 06, 2002 9:22 AM To: Tarapani, Cyndi Cc: Stone, Ralph Subject: Clearwater Bay Marina Could I get a copy of the application? The development Agreement draft doesn't make sense without the exhibits. Community Response Team Planning Dept. Cases - DRC Case No. hgy Ze07). - 100(0 1 Meeting Date: //- lL/- 2,ee2 Location: goo N 0,Sd-p-oLA- aud- ? Current Use: AQ n? A ? Active Code Enforcement Case (!96 no) (vacant land) ? Address numbW0) ? Landscapin ? Overgrown (yes) no o Debris (yes) no ? Inoperative vehicle(s) (yesoo (good) fair) (poor--) (vacant land) ? Building(s t-) ? Fencing (non (good) dilapidated b issing p1" ? Pain good) fair) (poor) (garish) ? Grass Parking (ye no) ? Residential Parking Violations (yes (no) ? Signage (none) (ok) not ok) (billboard) ? Parking (n/< (stripe handicapped) (needs repaving) ? Dumpster (enclosed) not enclose ? Outdoor storage (yes) no) Comments/Status Report (attach any pertinent documents): IVR??SA*?? "A.4-1-C, w Et c.-M,4in?A?N? 2 8,b Zy c (L? 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N OL y LL a)eu NDSl01gW H 2 Sov 6 L ep+ y ?9`0j SL LZ a MG CO/ IV rrr a aoo 6 rrr S » I a l S ® ear raB rT L °pa LL a 0 L roe > 6 B L S ? S ? t ? ? OL ? LS $ ,GT ?ea o0L3rlB oo { ,?y fZ O a` 6611 _ _ o° 9 oq ap1 ee auiJ Aay I p 6 L f 4 S 9/ E S ao 9 6 d S $roa ooe b S ioe o d„' sae a7 roe roe f ym OL <0e L am L .1 -B T' f va - f / roe V 9 pod 'toe I) O 11 be roa 41 It f me oe 9 Q f toe ror Z w C AN ^ Ogmry LOB <Y10YJOB'u g2L !rr w/u tet mw - _ roe L7° L na 6 y soe van 6 L n aoe L B ror ivae L ® _ L OL t e y o oc 4 ar at t an I if Al \ O .-. ._- 4 N $ oe 'LS ?' o H Lo/fL t169Z aya3J 8292 v I -a. ( I I I I I I? I i 0 Tarapani, Cyndi From: Morris, William Sent: Monday, December 16, 2002 2:58 PM To: Wilson, Denise A.; Phillips, Sue; Harriger, Sandy Cc: Tarapani, Cyndi; Fierce, Lisa Subject: RE: Clearwater bay marina dev. agreement issues All, Just as an FYI, and please pass on to the appropriate parties as information only. While this subject area is only a circus on weekends and holidays for boat launching, the Clearwater Bay High and Dry/Marina redevelopment is displacing approximately 150 to 200 boats at their present location... I just went to a meeting last week (DRC) for the high and dry on Island Estates going away (almost 300 boats with the high and dry and adjacent wet slips). That puts almost 500 boats out of mooring slips/high and dry slips. The demand on the Seminole ramps will increase beyond its present levels during already peak periods. While I have no idea of the mix of residents vs., non residents for the use of these private facilities, there will be increased demand from "boaters" for water access. And yes, I see a business opportunity (for a high and dry) but it has to fit our city wide "big picture" development goals and desires and balance against the highest and best use of the real estate. Just like we look at competing interests for other city parcels, dollars to the city are not always the driving factor, i.e. the "Airpark" Golf course/possible ball fields/industrial development/airpark hangars, come to mind as an example of the value of retaining our current use of those parcels. We have done a great job of balancing the needs of the community with regard to both recreation and expanding the tax base. I am concerned about the recreational boater. Bill -----Original Message----- From: Stone, Ralph Sent: Monday, December 16, 2002 1:57 PM To: Aldn, Pam; Brumback, Garry; Tarapani, Cyndi; Morris, William; Neff, Andrew; Quillen, Michael Cc: Home, Bill Subject: clearwater bay manna dev. agreement issues as i will be out the next couple of days i wanted to provide my perspective on the outstanding issues re. the dev. agreement: 1. Access Though the City Boat Ramp Area-i suggest we accomodate if legal; but the area needs to be reduced to the absolute minimum required for vehicle traffic; ie. no more than 24 feet for two way 2. Lift Station-if they do not need the relocation we should absorb the entire cost if we want to take advantage of an alternative site on their property; if they need it moved they should absorb the incremental cost only for the difference in regard to the current location 3. Restrooms-we are not paying for these 4. Entry Control-they need to pay for this and committ to maintenance and operation; this needs to be specifically defined; this will NOT keep anyone out, but will provide a screening and control mechanism when the ramp area is full 5. Timing of Improvements-as long as they assume responsibilty for any distrubance related to construction activity, this can occur anytime 6. Resturant Opening Time- 4:30 p.m. or later 7. Upset Limit on Improvements- $150,000 ok; subject to them providing specific plans and "unit costs"; if it comes in cheaper we both share the lower cost NOTE-a quick calculation indicates that if they meet their market, the built out project would yeild approximately $400,000 per year in city taxes; any investment we make in conjunction w the above commitments will be paid back in short order; ie. if we neeaTo absorb some of these costs w a small tax increment, lets do it; on the other hand both the utility and marina depts. are enterprise funds and should be able to absorb these investments also Pam has my detailed comments and will be working w Ben Harrill to prepared final language for the CDB meeting • • Tarapani, Cyndi From: Neff, Andrew Sent: Monday, December 16, 2002 2:03 PM To: Stone, Ralph; Akin, Pam; Brumback, Garry; Tarapani, Cyndi; Morris, William; Quillen, Michael Cc: Horne, Bill Subject: RE: clearwater bay marina dev. agreement issues Re #2-the developer should pay for the incremental costs at least. we'll need a mechanism to handle costs associated with future developments as well. -----Original Message----- From: Stone, Ralph Sent: Monday, December 16, 2002 1:57 PM To: Akin, Pam; Brumback, Garry; Tarapani, Cyndi; Morris, William; Neff, Andrew; Quillen, Michael Cc: Home, Bill Subject: clearwater bay marina dev. agreement issues as i will be out the next couple of days i wanted to provide my perspective on the outstanding issues re. the dev. agreement: 1. Access Though the City Boat Ramp Area-i suggest we accomodate if legal; but the area needs to be reduced to the absolute minimum required for vehicle traffic; ie. no more than 24 feet for two way 2. Lift Station-if they do not need the relocation we should absorb the entire cost if we want to take advantage of an alternative site on their property; if they need it moved they should absorb the incremental cost only for the difference in regard to the current location 3. Restrooms-we are not paying for these 4. Entry Control-they need to pay for this and committ to maintenance and operation; this needs to be specifically defined; this will NOT keep anyone out, but will provide a screening and control mechanism when the ramp area is full 5. Timing of Improvements-as long as they assume responsibilty for any distrubance related to construction activity, this can occur anytime 6. Resturant Opening Time- 4:30 p.m. or later 7. Upset Limit on Improvements- $150,000 ok; subject to them providing specific plans and "unit costs"; if it comes in cheaper we both share the lower cost NOTE-a quick calculation indicates that if they meet their market, the built out project would yeild approximately $400,000 per year in city taxes; any investment we make in conjunction w the above commitments will be paid back in short order; ie. if we need to absorb some of these costs w a small tax increment, lets do it; on the other hand both the utility and marina depts. are enterprise funds and should be able to absorb these investments also Pam has my detailed comments and will be working w Ben Harrill to prepared final language for the CDB meeting Tarapani, Cyndi From: Neff, Andrew Sent: Monday, December 16, 2002 2:03 PM To: Stone, Ralph; Akin, Pam; Brumback, Garry; Tarapani, Cyndi; Morris, William; Quillen, Michael Cc: Home, Bill Subject: RE: clearwater bay marina dev. agreement issues Re #2-the developer should pay for the incremental costs at least. we'll need a mechanism to handle costs associated with future developments as well. -----Original Message----- From: Stone, Ralph Sent: Monday, December 16, 20021:57 PM To: Akin, Pam; Brumback, Garry; Tarapani, Cyndi; Morris, William; Neff, Andrew; Quillen, Michael Cc: Home, Bill Subject: clearwater bay marina dev. agreement issues as i will be out the next couple of days i wanted to provide my perspective on the outstanding issues re. the dev. agreement: 1. Access Though the City Boat Ramp Area-i suggest we accomodate if legal; but the area needs to be reduced to the absolute minimum required for vehicle traffic; ie. no more than 24 feet for two way 2. Lift Station-if they do not need the relocation we should absorb the entire cost if we want to take advantage of an alternative site on their property; if they need it moved they should absorb the incremental cost only for the difference in regard to the current location 3. Restrooms-we are not paying for these 4. Entry Control-they need to pay for this and committ to maintenance and operation; this needs to be specifically defined; this will NOT keep anyone out, but will provide a screening and control mechanism when the ramp area is full 5. Timing of Improvements-as long as they assume responsibilty for any distrubance related to construction activity, this can occur anytime 6. Resturant Opening Time- 4:30 p.m. or later 7. Upset Limit on Improvements- $150,000 ok; subject to them providing specific plans and "unit costs"; if it comes in cheaper we both share the lower cost NOTE-a quick calculation indicates that if they meet their market, the built out project would yeild approximately $400,000 per year in city taxes; any investment we make in conjunction w the above commitments will be paid back in short order; ie. if we need to absorb some of these costs w a small tax increment, lets do it; on the other hand both the utility and marina depts. are enterprise funds and should be able to absorb these investments also Pam has my detailed comments and will be working w Ben Harrill to prepared final language for the CDB meeting C? Tarapani, Cyndi From: Neff, Andrew Sent: Thursday, December 12, 2002 4:34 PM • Page 1 of 2 To: Arasteh, Mahshid Cc: Phillips, Sue; Manni, Diane; Quillen, Michael; Tarapani, Cyndi; Akin, Pam; Fears, Thomas; Sickler, Dave; Petrie, Todd; 'mchiavaroli@mckimcreed.com' Subject: Development Agreement/Lift Station Issue Mahshid, Garry requested I provide the following info by close of business today. The attached memo from McKim&Creed outlines the issues very well. The budget estimate in our CIP list is about $201,000 for construction. M&C informed me earlier over the phone the estimate was about $250,000 at that time. The latest estimate from M&C is now about $335,000 (see below). The estimated incremental costs due to the development for the LS now located across the street from the original location is about $30,000. However, we could base the development share at 44% of $335,000 based on additional flows. Looking at flow contribution may be a fairway to look at this from a subsequent development point of view in this area. Subsequent development in this area may require a new lift station. Hopefully this provides the info Garry requested. If not, please let me know. -----Original Message----- From: Mitchel Chiavaroli [mailto:MChiavaroli@mckimcreed.com] Sent: Thursday, December 12, 2002 11:45 AM To: Neff, Andrew; tfears@clearwater-fl.com Subject: RE: Is 12 Revised memo attached, opinions of construction costs did not change. -----Original Message----- From: Neff, Andrew [mailto:aneff@clearwater-fl.com] Sent: Thursday, December 12, 2002 11:31 AM To: Mitchel Chiavaroli Subject: RE: Is 12 Thanks-i'll take a look-also got your voice mail. -----Original Message----- From: Mitchel Chiavaroli [mailto:MChiavaroli@mckimcreed.com] Sent: Thursday, December 12, 2002 11:04 AM To: aneff@clearwater-fl.com Subject: Is 12 attached find the memo discussing LS 12 and prelim. opinions of construction cost. I will try to "reorganize" the text to make it read better, but I wanted to get this to you for your review and comments. Mitch Chiavaroli, P.E. McKim & Creed, P.A. 601 Cleveland Street 12/12/2002 • Page 2 of 2 Suite 205 Clearwater, FL 33755 727.442.7196 hffp://www.mckimcreed.com 12/12/2002 0 Lift Station No. 12 Improvements Preliminary Opinion of Probable Construction Cost Item No. Description Estimated Quantity Unit ($) Unit Price ($) Total Price 1 Mobilization/demobilization 1 LS $30,000.00 $30,000.00 2 Maintenance of Traffic 1 LS $7,500.00 $7,500.00 3 Demolish existing lift station 1 LS $20,000.00 $20,000.00 4 Construct concrete wetwell (with liner & concrete slab) 1 LS $52,000.00 $52,000.00 5 Construct valve vault 1 LS $5,000.00 $5,000.00 6 Furnish & install 2 submersible pumps, pump controls 1 LS $70,000.00 $70,000.00 7 Furnish 1 spare pump 1 LS $5,000.00 $5,000.00 8 Furnish & install 10" C900 DR18 PVC gravity sewer 20 LF $70.00 $1,400.00 9 Furnish & install 6" C900 DR18 PVC force main 20 LF $50.00 $1,000.00 10 Furnish & install DI pipe, fittings & valves Win wet well, valve vault & pump out 1 LS $8,000.00 $8,000.00 11 Connect to Existing Manhole 1 EA $3,000.00 $3,000.00 12 Connect to Existing 6" Force Main 1 EA $1,000.00 $1,000.00 13 Sitework/restoration, fence 1 LS $14,000.00 $14,000.00 14 Bypass pumping 10 DAYS $800.00 $8,000.00 15 Dewatering 1 LS $20,000.00 $20,000.00 16 Sheeting 1. LS $30,000.00 $30,000.00 17 Electrical 1 LS $15,000.00 $15,000.00 18 Contingency (15%) 1 LS $44,000.00 $44,000.00 F- I TOTAL $334,900.00 MEMORANDUM TO: Andy Neff, Tom Fears FROM: Mitch Chiavaroli DATE: December 11, 2002 RE: Lift Station 12 M&C#: 0992-0098 0 The existing Lift Station No. 12 (LS 12) is located on the west side of N. Osceola Ave., across from the intersection with Nicholson St. LS 12 serves the area roughly bound by Fairmont to the north, Garden to the east, Drew St. to the south and the ICW to the west. The station appears to be located partially within a 49'+ x 12' easement. From the for September 1999 Pump Station Data and Drawdown Report prepared for the City by Tampa Bay Engineering, the average flow rate to LS 12 was 102.6 gpm1. Assuming a peaking factor of 3, the peak flow is 308 gpm. Also from the same report, the average pumping rates observed for one pump running ranged from 283 gpm to 342 gpm (386 gpm for both pumps running'). These pumping rates are consistent with the average flows measured. These pumping rates also indicate that the pump station can not accept new flows without increasing the pump capacity. At the City's request, McKim & Creed examined the impact of adding new flows to LS 12 from a planned condominium complex, Clearwater Bay Marina. The scenarios2 considered include: Scenario 1: No new flows to LS 12 Scenario 2: 154 condominium units plus a 7500 sf restaurant Scenario 3: 224 condominium units plus a 7500 sf restaurant Future flows to LS 12 from the condominium complex were determined using the following assumptions: 100 gpd per capita 2.3 people per condominium unit peaking factor of 3.0 For example: 154 units X 2.3 people/unit X 100 gpd per capita = 25 gpm (average flowrate), and 25 gpm X 3 = 75 gpm (peak flowrate). The future flow to LS 12 from the restaurant is estimated at 29 gpm and is based on an assumed number of tables (75), 4 seats per table, flows of 35 gpd per seat, and these flows generated over a 6 hour period (2 hours each for breakfast, lunch and dinner). Trial 3 (both pumps on and force main open) had a fill rate of 445.06 gpm. Since this value is inconsistent with the others measured, I did not include this data point in the calculation for flow rate to LS 12 or the average pumping rate. 2 Scenarios are based on number of the units and restaurant square footage provided by Florida Design Consultants, Inc. Scenario 3 is based on Phase 3 buildout of the Clearwater Bay Marina. CADocuments and Settings\ctarapan\Local Settings\Temporary Internet Files\0LK2\LS12 memo 121202.doc • r Based on the above, the estimated flows to LS 12 are as follows: Scenario 1: 308 gpm Scenario 2: 412 gpm Scenario 3: 445 gpm In order to determine system head, we again referred to the Pump Station Data and Drawdown Report which lists system curve values based on observed conditions and projects these out to a pumping rate of 600 gpm using linear regression. With this data, the system head for the three scenarios are estimated as: Scenario 1: 308 gpm at 43 ft Scenario 2: 412 gpm at 48 ft Scenario 3: 445 gpm at 51 ft These values were provided to Flygt for determining pump model, motor hp and budgetary costs. The pumps for scenarios 1 through 3 are the same, 10 hp Flygt model CP3127, each requiring a different impeller. The difference in the pump costs due to the different pump impellers is negligible. The pump costs are estimated at $35,000 (plus installation, includes pump control panel per current City specification). A second variable to consider when examining the three scenarios is the size of the wet well. For existing flows, a 6' diameter wet well will need a working volume of approximately 580 gallons. This equates to a distance of 2'-6" between lead pump on and pump off elevations. An 8' diameter wet well will need 1'-5" between lead pump on and pump off elevations. Additional depth is required for "lag pump on" and "high water". Considering the location of the site, its proximity to the water and limited space, an 8' diameter wet well will be considered for this evaluation. With the increased flows for scenarios 2 and 3, the depth of the wet well will increase. At 445 gpm (scenario 3), the distance between lead pump on and pump off is approximately 2'-3". In general, the construction costs between the different scenarios for LS 12 are similar. Assuming an 8' diameter wet well for scenarios 1 through 3, the increased depth is minimal, approximately 1 ft, and equates to an increase in cost for the wet well estimated at $4,000. In summary, the estimated construction cost differences for the increased flows generated by the condominium complex, plus restaurant, is less than $5,000 over the cost to build a new lift station sized for the existing flows. Based on earlier discussions with the City, McKim & Creed also looked at the impacts of other future development on LS 22. Since this "other development" is not defined, the City provided an estimate of future build-out conditions for the current LS 12 service area. The future build- out includes 1936 new residential units (assumed to be mostly condominiums/apartments) and 2,514,800 sf of non-residential use. Combined, the future build-out conditions could add approximately 450 gpm as an average daily flowrate, or 1,350 gpm, peak hour flowrate, to LS 12. At present, there is no time frame for when, or how this future development will progress. Nor is it possible to say that all these flows would be directed to LS 12. It may be more feasible to build a new lift station, or stations within the existing LS 12 service area to better serve this "other development". This will depend on many factors, including time, sanitary sewer capacity, force main capacity, downstream sanitary sewer capacity, etc. As a result, no further attempt was made by McKim & Creed to define the size of LS 12 to serve the "other development", or determine a cost to increase the capacity of LS 12 to serve the "other development". CADocuments and Settings\ctarapan\Local Settings\Temporary Internet Fi1es\OLK2\LS12 memo 121202.doc 0 0 The existing 6" force main out of LS 12 discharges to a 12" gravity sewer that flows north along the Pinellas Trail. The additional flows added to LS 12 from the Clearwater Bay Marina condominium complex will not overload the 6" force main, as velocities will be in an acceptable range (<6 fps). We did not evaluate the sewer capacity further downstream to verify its ability to assimilate the flows from this condominium complex. Should future additional flows be added to LS 12, the City may need to consider construction of either a new larger force main or a parallel force main. McKim & Creed also examined the feasibility to lower the new LS 12 wet well in order to permit the furthest condominium unit to flow into the lift station via gravity. Assuming the following, the bottom slab of the wet well would be approximately at elevation 0 for scenario 1, no new flows, and approximately at elevation -1 for scenario 3. • Existing 10" invert elevation at new wet well at elevation 6.7 • High water alarm (HWA) elevation approximately %2 ft. below 10" invert, or elevation 6.2 • Lag pump on elevation Y2 ft. below HWA • Lead pump on elevation 1 ft. below lead pump on • Approximately 3 ft. between pump off elevation and bottom slab In a phone conversation with Tim Neisinger from Florida Design Consultants, Inc., it was estimated that the wet well depth must be increased by approximately 4 feet to pickup the furthest condominium unit via gravity. This will put the wet well slab elevation at -5 (scenario 3). Assuming no significant change in subsurface conditions to install the wet well to the lower depth, the cost to lower the wet well is estimated at $16,000 (4 ft. X $4,000/ft). The developer has also approached the City (through Florida Design Consultants) with the concept of locating the new lift station to the southeast comer of N. Osceola Ave. and Nicholson Street. This land is owned by the developer of the Clearwater Bay Marina condominium complex. He has expressed a desire to swap this land with the land the lift station currently occupies. This appears to be a win-win proposition, the City can build the new lift station with less difficulty maintaining the existing lift station until the new lift station is complete, the new site can be designed to provide better access to the lift station for maintenance, and the developer gains the use of the site currently occupied by LF 12. It should also be noted that the City would need to obtain a construction easement, and possible a permanent easement, to construct the new lift station adjacent to the existing lift station. Preliminary opinions of construction cost for a new LS 12 are attached. The preliminary opinion of cost to construct a new LS 12 adjacent to the existing LS to serve no new flows (scenario 1) is $335,000. Locating the new lift station to the southeast comer of N. Osceola Ave. and Nicholson Street, and extending the depth of the wet well to accommodate the Clearwater Bay Marina condominium complex will add approximately $30,000 to the cost of the lift station. In summary: • The Clearwater Bay Marina condominium complex will increase the design pumping rate for LS 12 from 308 gpm to 412 gpm (Phases 1 & 2), a 34% increase; and eventually increase the design pumping rate to 445 gpm (Phase 3), a 44% increase. CADocuments and Settings\ctarapan\Local Settings\Temporary Internet Files\0LK2\LS12 memo 121202.doc i • • The City could look at sharing the cost. of the new lift station with the developer, based on the percentage of flow contributed. • The estimated cost increase to construct the new lift station to accommodate these greater flows, adjacent to the existing lift station, is less than $5,000. This cost increase is due to the need to construct the new wet well approximately 1 ft. deeper. • The estimated cost increase to construct the new lift station to accommodate these greater flows, as well as the gravity flow from the furthest condominium unit is $16,000, again assuming the new lift station will be constructed adjacent to the existing lift station. This cost increase is due to the need to construct the new wet well approximately 4 ft. deeper. • The estimated cost increase to construct the new lift station to accommodate these greater flows, as well as the gravity flow from the furthest condominium unit, plus move the location of the lift station to the southeast comer of N. Osceola Ave. and Nicholson Street is $30,000. This cost increase is due to the need to construct the new wet well approximately 4 ft. deeper, additional gravity sewer, additional force main, and at least one new manhole. CADocuments and Settings\ctarapan\Local Settings\Temporary Internet Files\0LK2\LS12 memo 121202.doc i. X12 Aw AUI? f ft L -4. i a ? Ole k1r- 12 ?-' wed ?e? /9r? ,s zl?t i • all- DEVELOPMENT AGREEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of , 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 900 North Qsceela Avenue, Clearwater, Florida S3? 5 hereinafter referred to as "Clearwater Bay". RECITALS A. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Street Launch Ramp, serving the citizens of Clearwater; and B. Through its Periphery Plan, the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and C. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating 1 existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst for future redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and D. In recognition of the numerous benefits associated with the Clearwater Bay Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the landscaping, expa on, beautification, and improvement of the Seminole Street Launch Ramp which is currently operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and E. The City and Clearwater Bay entered into negotiations in order to identify desired improvements and additions to the Seminole Street Launch Ramp property and to establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, F. As a result of these negotiations, the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development rights and obligations of Clearwater Bay by the City and to address the improvements to the Seminole Street Launch Ramp property; and G. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development agreements 2 in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and H. The Clearwater Bay Marina consists of 8.89 acres of land situated within the City of Clearwater and located west of Fort Harrison Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The Property is to be developed for residential condominiums, townhomes, retail, restaurant, and a Marina and associated offices; and 1. Clearwater Bay desires to develop the Property as describe and depicted on the plans prepared by Florida Design Consultants, Inc. entitled "Clearwater Bay Marina" :Sheets l through 6 and dated November 18, 2002, together with the plans prepared by 4Gillett & Associates entitled "Clearwater Bay Marina"_ Sheets a101 through x304 and dated INovember 18, 2002 ("Approved Plan } , The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the Periphery Plan and City may provide terms and conditions governing such actions. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE 3 • It is the purpose and intent of this Agreement to set forth the terms and conditions for the redevelopment of the Property and to identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements for the benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with its development. This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and conditions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS 1. Legal Description and Ownership. The Property to which this Agreement applies is legally described in Exhibit "A", which is incorporated herein by reference. Clearwater Bayalds the development rights to the property along with an option to purchase and is the developer of the Property. The Property is designated "CBD", Central Business District on the Countywide Comprehensive Plan and is presently zoned -'D", Downtown District under the City's Community Development Code. Title to the real property is in decade _CO -?IV. 2. Effective Date of Development Agreement. The effective date of this 4 Development Agreement is the thirty-first day following the date this Development Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. Furthermore, prior to Clearwater Bay's commencement of any construction authorized hereunder, Clearwater Bay may formally abandon this Agreement by providing the City written notice sent to the City Manager of Clearwater Bay's decision to abandon development under the terms of the Agreement. Upon the submission of such notice in accordance with the notice requirements contained herein, this Agreement shall be deemed abandoned and of no further force or effect, and each party shall be relieved of any obligation hereunder. 3. Duration of Development Agreement. The duration of this Developmentme/v Agreement shall be ten (10) years from the Effective Date hereof. 4. Required Permits. The following permits are required to be approved for development of the property: Site plan approval; Florida Department of Environmental Protection permits or exemptions; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this 5 Development Agreement. 5. Uses Permitted. Uses permitted on the Property shall be limited to the following uses consistent with the Approved Plan: 154 residential units, a 120 slip marina (with 47 marina boat slips being assigned to the residential development and the remaining 73 being operated as a marina), a restaurant, a ship's store and marina office, a pool clubhouse and amenities, and related uses. There shall be a maximum of 12,000 square-foot gross floor area in those buildings used for non-residential uses. The project is to be constructed in two (2) phases with the a building permit being issued and construction of first phase commencing within twenty-four (24) months of approval of the Development Agreement by the City. Construction for the second phase shall commence within one year of the completion of the first phase. The entire project will be completed within eight (8) years from commencement of development. 6. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 7. Utility Installation: Site Lighting. Clearwater Bay shall install all utilities underground except as where otherwise approved by the City due to environmental or other site constraints. Any above ground utilities shall be screen as required by the Community Development Code. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 8. Parking. Clearwater Bay shall provide parking on the Property pursuant to 6 the Approved Plan. 9. City Cooperation. City shall cooperate with Clearwater Bay in any reasonable manner such that both Clearwater Bay and City can comply with the terms of this Agreement; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE III. REDEVELOPMENT OF SEMINOLE STREET LAUNCH RAMP 10. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminole Street Launch Ramp property shall be reconfigured resurfaced and restriped by the City in general conformity with the Site Plan attached hereto as Exhibit "B:-In- addition the ' u de amongst other items public restroom Clearwater Bay agrees to develop a specific plan for the improvements, lighting, amenities and landscaping and submit the same for review and approval by the City prior to any work WhkA U/J;? f? being performed. e '`? G? t it, ou, is ol all be the so t4". However, the nature, extent and costs of the actual improvements, lighting, entry signs and landscaping to be provided shall be subject to the review and approval of the n and in no event shall the City's required contribution for improvements and landscaping exceed the sum of One Hundred Fifty Thousand and 00/100 Dollars 7 ($150,000.00). Upon the City Commission's approval of the specific improvement plan the City agrees to commence construction of the improvements within twelve (12) months after Clearwater Bay c es construction o ct. . 11. Landscaping and Amenities. The landscaping plan, entry signs and a =-s approved by the City Commission shall also be installed by the City as part of the reconfigured parking area improvements. The City's improvements shall be installed no later than the issuance by the City of the first certificate of occupancy to Clearwater Bay for Phase I of the Project. Subject to the limitations set forth above, the costs of the landscaping, entry signs and amenities shall be paid fifty percent (50%) by the City and fifty percent (50%) by Clearwater Bay; provided, however, that under no circumstances shall the total amount contributed by Clearwater Bay for such improvements exceed the One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). 12. Lighting. ubject to the limitations set forth above regarding construction 00costs, the City, a ' s costs, shall be responsible for installation and operation of decorative lighting o he Seminole Street Launch Ramp sufficient for adequate security and IY??' ? I con stent with design standards as approved by the City Commission. 13. All non-boat parking spaces shai e4er use by Clearwater Bay, on a "non-exclusive basis, for its non-residential development at all times of the day. In addition, after 4:30 p.m. of each and every day and through 1:30 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. Provided, however, the parking for the Clearwater Theater, as depicted 8 upon Exhibit "B" shall not be available to Clearwater Bay wi Zft express written permission of the Clearwater Theater. )Ina 14. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be ??^^ required to, proceed with fencing the perimeter of the Seminole Street Launch Ramp in order to provide appropriate security for the facility and adjoining properties. This fencing 06068 omay include the right to install security gates at the entry way to the parking and launching facility as long as Clearwater Bay allows for public entry into the facility in accordance VY1Gl?itiG/!? with the hours of operations and rules and regulations established by the City. The costs of such fencing, - , shall be the sole responsibility of Clearwater Bay. Subject to the limitations on funding set forth above, any-entfenee- y e een the City and 15. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against the 04 G1K?ity recreation or pampact fee, except for the "open spac?i"_ component of such fee? J? levied against new development for any and all monies or funds which Clearwater Bay G? expends pursuant to its obligations in paragraphs 11 and 1 above. In the event ` % recreation impact fees have previously been paid by Clearwater Bay then said credit shall take the form of reimbursement by the City to Clearwater Bay. 16. Maintenance. The City shall be responsible for the maintenance of the Seminole Street Launch Ramp property including the maintenance of signageJMAMOMTI docks, entrancj-aAenitiss, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance 9 practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also be responsible for removal of all solid waste, trash, and rubbish from the Seminole Street Launch Ramp property. The City shall pay all fees associated with electrical service, water and wastewater fees, solid waste disposal services and all other fees associated with the operations for the Seminole Street Launch Ramp property. 17. Operations Agreement. Clearwater Bay and the City will enter into negotiations in an effort to develop an acceptable long term Operations Agreement for the Seminole Street Launch Ramp which would provide for Clearwater Bay managing the operations of the parking and ramp areas in conjunction with the management of the marina operations conducted by Clearwater Bay on its adjacent property. Any such agreement drafted as a result of such negotiations shall not become effective unless and until approved b ?t?hee City Comrr???o . 18. A . Clearwater Bay intends to operate a restaurant and ship's store in the location presently occupied by the marina's bait stand along the southwestern seawall of the yacht basin. In addition, Clearwater Bay intends to construct townhomes along the southern seawall of the yacht basin, all as depicted on the Clearwater Bay site plan attached to this Agreement. In order to enhance the access to these planned facilities and confirm the existing access points and traffic circulation, the City agrees to grant Clearwater Bay a permanent access easement for ingress and egress, and-uttift es, in the location as depicted and described on the attached Exhibit "C". However, the City shall have the right to make minor adjustments to the legal /,/ruse 10 !.? anl? o7-rCG`il 10 • 0 description of the easement as determined necessary by the City provided any resulting change does not impair or materially diminish access to the Clearwater Bay Property ARTICLE IV - FUTURE DEVELOPMENT 19. Adjacent Property. Clearwater Bay has been working with the City and the governing Board of the Clearwater Little Theater in an effort to find a new location for the Theater in order to make the Little Theater property available for redevelopment. In the event a successful relocation could occur, Clearwater Bay would be given the opportunity acquire the site in a manner consistent with the City Charter. In the event that the property becomes part of the Clearwater Marina Development, and reidential densities for the A Little Theater property wD u i h° increase as provided in the Land Development Code and the Periphery Plan. Clearwater Bay and the City agree to cooperate with each other in an effort to find a suitable new site acceptable to the Little Theater. 20. Expansion of Bavside Restaurant. As part of its development project, Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the -marina properties in accordance with the Approved Plans. This part of the project is adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property and 11 0 0 assuming submission of required plans and compliance with all applicable codes, the expansion of the restaurant activities and issues related thereto. - 4y-, Mac ARTICLE V - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 21. Effect of Breach or Default. Clearwater Bay understands and agrees that the execution and performance of this Agreement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this Agreement. 22. Clearwater Bay's Right to Cure. Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 23. Relation of this Agreement to Site Plan or Zoning Approval. Although it is currently contemplated the property will be developed in accordance with the Approved Plans amendments to Approved Plans which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's Community Development Code ?_ jth? t?thye need famending is Agreement. ARTICLE VI - MUTUALLY BINDING GENERAL PROVISIONS 24. Captions. Captions used herein are for the convenience of the parties and 12 • 0 are not to be interpreted to have.any specific meaning. 25. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the improvement of the Seminole Street Launch Ramp, all as more specifically provided below. No other offset, waiver or reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 26. Authori . This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 27. Consistency with Comprehensive Plan and Community Development Code. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and Community Development Code. The City specifically finds that the requirements for concurrency as set forth in Article 4, Division 9 of the Community Development Code have been satisfied. 28. Amendment; Cancellation. This Development Agreement maybe amended or canceled by mutual consent of the parties or their successors in interest and upon 13 i 0 compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 29. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR City: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: Directo f Central Permitting (sa address) 30. Successors Bound FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: J. Ben Harrill 2435 U.S. Highway 19, Suite 350 Holiday, FL 34691 This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the 14 Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 31. Failure of Development Agreement to Address Restrictions, Etc. The failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 32. Recordation, Etc. Not later than fourteen (14),days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. The costs of such recording shall be paid by Clearwater Bay. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 33. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the 15 0 Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and.policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and -(e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3). The ordinances and policies which are specifically anticipated and 16 provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's Community Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 34. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state.or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked 17 as necessary to comply with the relevant state or federal.laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 36. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least once every twelve (12) months after the Effective date of this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon fifteen (15) days' written notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non- compliance City's action shall become null and void. 36. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 37. Drafting of Development Agreement. The parties shall be deemed to have 18 participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 38. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral or written. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 39. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 40. Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 41. Severability. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this 19 Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the term "failure of consideration" shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 42. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 43. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 44. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the Approved Plan presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. 20 WITNESSES: Signature Print Name Signature Print Name Signature Print Name Signature Print Name For CITY OF CLEARWATER: Signature Print Name/Title For CLEARWATER BAY MARINA, LLC Signature Print Name/Title Clearwater Bay Marine Exhibit List Exhibit "A" Legal Description of Site Exhibit "B" Seminole Street Launch Ramp Plan G/YZ? Exhibit "C" Access Easement Description /2 21 Message Page 1 of 1 • • F3 Tarapani, Cyndi From: Ben Harrill [ben@fhlaw.net] Sent: Friday, November 15, 2002 11:41 AM To: Fierce, Lisa; Akin, Pam; ctarapan@clearwater-fi.com; rstone@cleawater-fi.com Cc: dharrilll @yahoo.com; jerry@figurskihardii.com Subject: Clearwater Bay Development Agreement Attached please find a copy of the proposed Development Agreement for Clearwater Bay Marina containing those changes requested by the City at the meeting yesterday. While we will formally submit the revised agreement Monday with the appropriate exhibits, I am sending an advance copy by email to allow some additional time for review since there seems to be some concern about processing time. We have also modified the Agreement to reflect the discussions concerning the Seminole Street Launch Ramp improvements, which would: (1)require the submission of a detailed improvement plan; (2) allow the nature and extent of improvements to be ultimately approved by the City Commission;and, (3) cap the City's participation in all improvements at $150,000.00. In addition, we have deleted the "operations agreement" for the boat ramp as an exhibit, and the agreement now states the City and developer will negotiate in an effort to develop such an agreement, subject to approval of the City Commission. As always, should you have any questions or concerns please do not hesitate to contact me. Thank you. Ben Harrill Figurski & Harrill 11/15/2002 DEVELOPMENT AGREEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of , 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, /? acting by and through its City Commission, the governing body thereof, hereinafter ?0 referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly b? organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 2435 U.S. Highway 19, Suite 350, Holiday, Florida 34691 hereinafter referred to as "Clearwater Bay". RECITALS A. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Street Launch Ramp, serving the citizens of Clearwater; and B. Through its Periphery Plan, the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and C. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating 1 • • existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst for future redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and Vi6. In recognition of the numerous benefits associated with the Clearwater Bay Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the landscaping, expansio , beautification, and improvement of the Seminole Street Launch Ramp which is currently operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and ?E. The City and Clearwater Bay entered into negotiations in order to identify desired improvements and additions to the Seminole Street Launch Ramp property and to establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and 01a z14. As a result of these negotiations, the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development rights and obligations of Clearwater Bay by the City and to address the improvements to the Seminole Street Launch Ramp property; and G. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development agreements 2 in order to eliminate the lack of certainty in approval of development, encourage sound. capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and H. The Clearwater Bay Marina consists of 8.89 acres of land situated within the City of Clearwater and located west of Fort Harrison Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The Property is to be developed for residential condominiums, townhomes, retail, restaurant, and a Marina and associated offices; d 1. Clearwater Bay desires to develop the Property as describe and depicted on the plans prepared by Florida Design Consultants, Inc. entitled "Clearwater Bay Marina" Sheets through and dated November 15, 2002, together with the plans prepared by Gillett & Associates entitled "Clearwater Bay Marina" Sheets through and dated November 15,2002 ("Approved Plan"). The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the Periphery Plan and City may provide terms and conditions governing such actions. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE 3 It is the purpose and intent of this Agreement to set forth the terms and conditions for the redevelopment of the Property and to identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements for the benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with its development. This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and conditions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS Y' 1. Legal Description and Ownership. The Property to which this Agreement applies is legally described in Exhibit "A", which is incorporated herein by reference. Clearwater Bay is th develop of the Property. The Property is designated "CBD", Central Business District on the Countywide Comprehensive Planzfnd is presently zoned "U', Downtown District under the City's Communi a opment Code. Title to the real property is in Decade Partnerships. 2. Effective Date of Development Agreement. The effective date of this Development Agreement is the thirty-first day following the date this Development 4 • • Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. Furthermore, prior to Clearwater Bay's commencement of any construction authorized hereunder, Clearwater Bay may formally abandon this Agreement by providing the City written notice sent to the City Manager of Clearwater Bay's decision to abandon development under the terms of the Agreement. Upon the submission of such notice in accordance with the notice I ?r?? contained herein this shall be deemed abandoned and of no 66 111 requirements contained herein, this Agreement shall be deemed abandoned and of n? U" 1 1, ud rp rGU??,? further orce or effect, and each party shall be relieved of any obligation hereunder. G further rce or effect, and each party shall be relieved of any obligation hereunder. 3. Duration Duration of of Development Development Agt The duration duration of this Developmen Develop ?? 3. Agrreemeneement. . The of this Agreement shall be ten (10) years from the Effective Date hereof. Agreement shall be ten (10) years from the Effective Date hereof. 4. Required Permits. The following permits are required to be approved for 0 ;development of the property: Site plan approval; Florida Department of Environmental Protection permits or exemptions; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agreement. 5 0 • of r 5. Uses Permitted. Uses permitted on the Property shall be limited to the following uses consistent with the Approved Plan: 154 residential units, a 120 slip marina (with 47 marina boat slips being assigned to the residential development and the liG remaining 73 being operated as ? marina), a restaurant, a ship's store and marina office, a pool clubhouse and amenities, eft There shall be a maximum of 12,000 square-foot gross floor area in those buildings used for non-residential uses. The project Ohf is to be constructed in two (2) phases with they-y a building permit being issued and construction of first phase commencing within twenty-four (24) months of approval of the ?, Development Agreement by the City. Construction for the second phase shall commence ?J within one year of the completion of the first phase. The entire project will be completed C?Iwithin eight (8) years from commencement of development. 2 a 6. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. ote, 7. Utility Installation; Site Lighting. Clearwater Bay shall install all utilities underground except as where otherwise approved by the City due to environmental or other site constraints. Any above ground utilities shall be screerf?"as required by the Community Development Code. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 8. Parking. Clearwater Bay shall provide parking on the Property pursuant to the Approved Plan. 6 • • 9. City Cooperation. City shall cooperate with Clearwater Bay in any reasonable manner such that both Clearwater Bay and City can comply with the terms of this Agreement; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE 111. REDEVELOPMENT OF SEMINOLE STREET LAUNCH RAMP 10. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminole Street Launch Ramp property shall be reconfigured resurfaced and restriped ?yth City in general conformity with the Site Plan attached hereto as Exhibit "B". In addition the improvements shall include amongst other items the construction o ublic jr stroom to serve the citizens utilizing the Seminole Street Launch Ramp. Clearwater Bay agrees to develop a specific plan for the improvements, lighting, aaneft an landscaping and submit the same for review and approval by the City prior to any work being performed. y shall be responsible for the actual building designs for the -? public restrooms. Subject to the limitations set forth herein, the cost of the improvements to the parking area and the construction of the restrooms shall be the sole responsibility of the Ci . However, the nature, extent and costs of the actual improvements, lighting, entry signs and landscaping to be provided shall be subject to the review and approval of the City Commission and in no event shall the City's required contribution for improvements and landscaping exceed the sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). Upon the City Commission's approval of the specific improvement plan the 7 C,ve2 ? ? City rees to commence construction of the improvements within twelve (12) months after Clearwater Bay commences construction on Phase I of the Project. 11. Landscaping and Amenities. The landscaping plan, entry signs amenities as approved by the City Commission shall also be installed by the City as par of the reconfigured parking area improvements. The City's improvements shall be installed no later than the issuance by the City of the first certificate of occupancy to Clearwater Bay for Phase I of the Project. Subject to the limitations set forth above, the costs of the landscaping, entry signs and amenities shall be paid fifty percent (50%) by the City and fifty percent (50%) by Clearwater Bay; provided, however, that under no circumstances shall the total amount contributed by Clearwater Bay for such improvements exceed the One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). 12. Lighting. Subject to the limitations set forth above regarding construction costs, the Cam, at its costs, shall be responsible for installation and operation of decorative lighting of the Seminole Street Launch Ramp sufficient for adequate security and consistent with design standards as approved by the City Commi sion 13. Availability of Spaces at Seminole Street Launch Ramp. All non-ybb? oe, parking spaces shallte avail?lfor use by Clearwater Bay, on a "non-exclusive basis, r for its non-residential development at all times of the day. In addition, after_ 4:30 p.m. of each and every day and through 1:30 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. N&kle , e par mg ell • • upon Exhibit "B", shall not be available to Clearwater Bay without the express written permission of the Clearwater Theater. f% ?GiG? 14. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be required to, proceed with fencing the perimeter of the Seminole Street Launch Ramp in order to provide appropriate security for the facility and adjoining properties. This fencing f1 may include the right to install security gates at the entry way to the parking and launching a facilitY as long as Clearwater Bay allows for public entry into the facility in accordance with the hours of operations and rules and regulations established by the City. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. Subject to the limitations on funding set forth above, any entrance amenities approved by the City Commission as part of the improvement plan, including any gated features shall be split equally between the City and Clearwater Bay. G"U'e, 15. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against „/04$$ 9any City recreation or park impact fee levied against new development for any and all monies or funds which Clearwater Bay expends pursuant to its obligations in paragraphs 11 and 14 above. In the event recreation impact fees have previously been paid by Clearwater Bay then said credit shall take the form of reimbursement by the City to Clearwater Bay.D Gmia`>k /r C %vf, 16. Maintenance. The City shall be responsible for the maintenance of the Seminole Street Launch Ramp property including the maintenance of signage restrooms, docks, entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance 9 0 practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also be responsible for removal of all solid waste, trash, and rubbish from the Seminole Street Launch Ramp property. The City shall pay all fees associated with electrical service, water and wastewater fees, solid waste disposal services and all other fees associated with the operations for the Seminole Street Launch Ramp property. 17. Operations Agreement. Clearwater Bay and the City will enter into negotiations in an effort to develop an acceptable long term Operations Agreement for the Seminole Street Launch Ramp which would provide for Clearwater Bay managing the operations of the parking and ramp areas in conjunction with the management of the marina operations conducted by Clearwater Bay on its adjacent property. Any such agreement drafted as a result of such negotiations shall not become effective unless and until approved by the City Commission. 18. Access Easement. Clearwater Bay intends to operate a restaurant and ship's store in the location presently occupied by the marina's bait stand along the southwestern seawall of the yacht basin. In addition, Clearwater Bay intends to construct townhomes along the southern seawall of the yacht basin, all as depicted on the Clearwater Bay site plan attached to this Agreement. In order to enhance the access to these planned facilities and confirm the existing access points and traffic circulation, the City agrees to grant Clearwater Bay a permanent access easement for ingress and egress, and utilities, in the location as depicted and described on the attached Exhibit "C". However, the City shall have the right to make minor adjustments to the legal 1110r,)?~ -49 z -14~ 1.1!!!!!!?Z/Y?i!:!!*4./;;,,--,-,???? • 0 description of the easement as determined necessary by the City provided any resulting change does not impair or materially diminish access to the Clearwater Bay Property ARTICLE IV - FUTURE DEVELOPMENT 19. Adjacent Property. Clearwater Bay has been working with the City and the governing Board of the Clearwater Little Theater in an effort to find a new location for the 00 Theater in order to make the Little Theaterlproperty available for redevelopment. In the event a successful relocation could occur, Clearwater Bay would be given the opportunity acquire the site in a manner consist t with the City Charter. In the event that t e property becomes part of the Clearwater arina Development, an`8 resi eentitensit!ie?sfor/the Little Theater property provided in the Land Development Code and the Periphery Plan Clea ter B y and the City agree to cooperate with each other in an effort to find a suitable n'ew site acceptable to the Little Theater. 20. Expansion of Bayside Restaurant. As part of its development project, Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the -marina properties in accordance with the Approved Plans. This part of the project is adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property and 11 0 0 assuming submission of required plans and compliance with all applicable codes, the expansion of the restaurant activities and issues related thereto. ARTICLE V - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 21. Effect of Breach or Default. Clearwater Bay understands and agrees that the execution and performance of this Agreement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this Agreement. 22. Clearwater Bay's Right to Cure. Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 23. Relation of this Agreement to Site Plan or Zoning Approval. Although it is currently contemplated the property will be developed in accordance with the Approved Plans amendments to Approved Plans which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's Community Development Code without the need of amending this Agreement. ARTICLE VI - MUTUALLY BINDING GENERAL PROVISIONS 24. Captions. Captions used herein are for the convenience of the parties and 12 are not to be interpreted to have any specific meaning. 25. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the improvement of the Seminole Street Launch Ramp, all as more specifically provided below. No other offset, waiver or reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 26. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 27. Consistency with Comprehensive Plan and Community Development Code. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and Community Development Code. The City specifically finds that the requirements for concurrency as set forth in Article 4, Division 9 of the Community Development Code have been satisfied. 28. Amendment: Cancellation. This Development Agreement maybe amended or canceled by mutual consent of the parties or their successors in interest and upon 13 compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 29. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR City: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: (same address) F//Ij a m4'? FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: J. Ben Harrill 2435 U.S. Highway 19, Suite 350 Holiday, FL 34691 30. Successors Bound. This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the 14 Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 31. Failure of Development Agreement to Address Restrictions. Etc. The failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 32. Recordation, Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. The costs of such recording shall be paid by Clearwater Bay. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 33. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the 17)W4jW 1 5/g? f v ,? Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and 16 provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions of this Development Agreement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's Community Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 34. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked 17 0 as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 35. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least once every twelve (12) months after the Effective date of this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon fifteen (15) days' written notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non- compliance City's action shall become null and void. 36. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 37. Drafting of Development Agreement. The parties shall be deemed to have 18 participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 38. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral or written. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 39. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 40. Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 41. Severability. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this 19 Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the term "failure of consideration" shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 42. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or actions at law relating to the entry.into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 43. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 44. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the Approved Plan presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. 20 • WITNESSES: Signature Print Name Signature Print Name Signature Print Name Signature Print Name For CITY OF CLEARWATER: Signature Print Name/Title For CLEARWATER BAY MARINA, LLC Signature Print Name/Title Clearwater Bay Marine Exhibit List Exhibit "A" Legal Description of Site Exhibit "B" Seminole Street Launch Ramp Plan Exhibit "C" Access Easement Description 4 44?? 21 # 1i 0 1/e," November 13, 2002 Mr. Donald Harrill 900 North Osceola Avenue Clearwater, FL 33755 RE: Application for a Development Agreement for the joint City/developer improvement of the Seminole Street Launch Ramp, under the provisions of Section 4-606 (Case No. DEV2002-10001, 900 N. Osceola Avenue). Dear Mr. Harrill: The Planning staff has reviewed your application for a Development Agreement for the joint City/developer improvement of the Seminole Street Launch Ramp, under the provisions of Section 4-606 at 900 N. Osceola Avenue. After a preliminary review of the submitted documents, staff has determined that the application is generally complete, but with the following revisions: 1. Amend the Affidavit to Authorize Agent to indicate who in the organization of Decade 80-IV the signatore is (President, Vice President, etc.). Additionally, you have listed "Decade Partnerships" as the property owner, which is not the same as "Decade 80-IV." Please properly indicate the property owner in the application and in the affidavit. 2. The affidavit authorizes Clearwater Bay Marina, LLC as the agent. Amend the application to indicate what your capacity is in relation to Clearwater Bay Marina, LLC (partner, secretary, etc.). It is also unclear as to the representative is (J. Ben Harrill or Donald L. Harrill), as both have signed the application. 3. Revise the application to be consistent with the site plan that indicates a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 4. Revise the Supplemental Submittal Requirement (Section 4-606.13) to indicate a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 5. Revise the Development Agreement to indicate in Article II, Section 5, a total of 154 dwelling units, a 71-slip marina and a 7,500 square-foot restaurant/ship's store/public restrooms. 6. Provide Exhibit C which indicates the reconfiguration, resurfacing and restriping of the Seminole Boat Landings. The site plan must indicate all dimensions of parking spaces, November 13, 2002 Harrill - Page 2 drive aisles, landscape areas, handicap parking, the public restrooms, landscape plan, entry signage (include location, dimensions, sign messages, sign area, height, sign materials and colors) and all other site improvements ("amenities" is undefined) necessary to effect Article III, Section 10. 7. Amend the application to include all parcel numbers of the property involved. 8. Amend the application to reflect the principal business mailing address as set forth in the Development Agreement. 9. Provide Exhibits "A" through "F." 10. In Recital I Exhibit "B" ("Approved Plan") is cited. It is recommended to be more specific as to what constitutes the "Approved Plan" (i.e.: Sheets 1/6 through 6/6 prepared by Florida Design Consultants, Inc., dated _ and Sheets A1.01 through _ prepared by Gillett Associates, dated 11. In Article I in the second line, the Agreement refers to the redevelopment of the "site." It is unclear as to what constitutes the "site" or whether it should be referenced as the "Property." Revise/advise. 12. In Article II, Paragraph 2, Page 5, third line, abandonment of the Agreement may be provided to the "City." It is suggested that a more specific entity within the City is more appropriate, such as the City Manager or the Planning Director. 13. Commencement of the first phase referenced in Article II, Paragraph 5, should be more in concert with Building Code requirements for performance of "work" under building permits issued. If "work" is abandoned under the Building Code, the Agreement should also be deemed abandoned. This Paragraph should be revised to require commencement of the first phase within _ months of the approval of the Development Agreement by the City Commission. 14. In Article II, Paragraph 7, utilities are to be underground "where practical." This term is vague and should be more defined and as to whom determines whether undergrounding is "practical." 15. Revise "Seminole Boat Landings" to "Seminole Street Launch Ramp" under Article III, Paragraph 10, line 2 on Page 6; under Article III, Paragraph 10, line 3 on Page 7; under Article III, Paragraph 12, line 2 on Page 7; under Article III, Paragraph 13, line 1 on Page 7; under Article III, Paragraph 14, line 2 on Page 8; under Article III, Paragraph 16, line 2 on Page 8, line 4 on Page 9 and line 6 on Page 9; under Article III, Paragraph 17, line 3 on Page 9; under Article V, Paragraph 25, line 3 on Page 12; and under Exhibit "E" on Page 21. 16. Article III, Paragraph 10, requires the construction of public restrooms at the Seminole Street Launch Ramp. Who is designing and deciding what will be constructed and the cost for such? Advise/revise. 17. Article III, Paragraph 11, does not define "amenities" that will be installed by the City. Define. Also, this Paragraph 11 requires the installation of "landscaping, entry signs and amenities" by the City. Who is designing and deciding what is to be installed and the cost for such? Advise/revise. November 13, 2002 1 114, Harrill - Page 3 18. Article III, Paragraph 11, requires the installation of the landscaping, entry signs and amenities prior to the completion of the reconfigured parking area but no later than the first certificate of occupancy of either the "restaurant, condominiums and/or ship's store/marina office." It is noted that only the northern condominium tower is proposed to be constructed under Phase I. Revise. 19. Article III, Paragraph 12, requires the City to install and operate, at the City's cost, "decorative lighting" ... "consistent with both the requirements and design standards of - Exhibit B." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. 20. Article III, Paragraph 13, refers to the "attached Site Plan" regarding parking for the Clearwater Theater. Provide the site plan. 21. Article III, Paragraph 14, refers to the "attached Site Plan" regarding fencing of the Seminole Street Launch Ramp. Provide the site plan. 22. Article III, Paragraph 14, last sentence provides for the splitting of costs equally for "any entrance amenities, including any gated features." Who is designing and deciding what is to be installed and the cost for such? Advise/revise. 23. Article III, Paragraph 15, refers to wrong paragraphs. Revise. 24. Article III, Paragraph 18, line 9, refers to "along the southern of the Clearwater Bay Development." Along the southern what? 25. Article IV, Paragraph 19, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the Theater site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. 26. Article IV, Paragraph 20, is too vague and provides no plans or other definitive information. Should Clearwater Bay acquire the District site, the Development Agreement and Approved Plan should be amended through the original approval process and should not have any binding agreements upon the City under this Agreement. 27. Article V, Paragraph 21, last line, "agreement" should be "Agreement." 28. Article V, Paragraph 23, line 4, amend "Land Development Regulations" to "Community Development Code." It is also recommended that minor or major amendments may require amendment of the Agreement. 29. Amend "Article V - Mutually Binding General Provisions" on Page 11 to "Article VI - Mutually Binding General Provisions." 30. Article VI, Paragraph 27, line 1 and line 3, amend "Land Development Regulations" to "Community Development Code." 31. Ensure under Article VI, Paragraph 29, on Page 13, that all names, departments, addresses and zip codes are correct and current. 32. Under Article VI, Paragraph 33, subparagraph (3)(c) on Page 16 suggests that the City imposes transportation fees. It is noted that the Board of County Commissioners set the rates for Transportation Impact Fees, not the City. 33. Article VI, Paragraph 33, subparagraph (3)(e) on Page 16, amend "Land Development Code" to "Community Development Code." November 13, 2002 Harrill - Page 4 34. Article VI, Paragraph 35, line 1 on Page 17, requires review once every twelve (12) months. Of what or from what date? 35. Article VI, Paragraph 41, line 7, Page 18, is unclear as to its meaning ... "the terms A failure of consideration @ shall..."(?). Revise. 36. Article VI, Paragraph 44, Page 19, is unclear. What "redevelopment plans presently pending with the City" is this referring to? 37. Article VI, Paragraph 44, line 4, Page 19, is unclear as to its meaning ... "as Exhibit AB@." Revise. 38. Under Paragraph 5 of the Supplemental Submittal Requirement sheet, it states that the zoning and land use categories of all adjoining properties are included in the site plan submission. These are missing. Please submit. 39. The Agreement must contain a finding of that the requirements for concurrency as set forth in Article 4 Division 9 of the Community Development Code has been satisfied. 40. Article VI, Paragraph 32, does not provide for the developer to pay for recordation of the Agreement. 41. Amend Article VI, Paragraph 35, line 4, Page 17, to require fifteen (15) days written notice to revoke or modify the Agreement by the City Commission (not thirty [30] days' notice). Any responses to the above comments may be helpful at the DRC meeting, but additional comments will be provided at the DRC meeting. The above comments and comments you will receive at the DRC meeting must be addressed and submitted to the Planning Department by 4:30 p.m. on November 18, 2002 (including the original and 12 copies of all submittals). The Development Review Committee (DRC) will review the application for sufficiency at 2:00 p.m. on November 14, 2002, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building, 100 South Myrtle Avenue, in Clearwater. You or a representative must be present to answer any questions that the DRC may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4504. You can access zoning information for parcels within the City through our website: www.clearwater-fl.com. Sincerely, Wayne M. Wells, AICP Senior Planner Cc: Ed Mazur, Florida Design Consultants, Inc. 0 //xo . /), I, de ' ov wl ep -4416 DEVELOPMENT AGREEMENT FOR MaAw""D CLEARWATER BAY MARINA BY AND BETWEEN e99 THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 2435 U.S. Highway 19, Suite 350, Holiday, Florida 34691 hereinafter referred to as "Clearwater Bay". RECITALS: A. he City previously issued development orders for the Clearwater Bay Marina Pr sect authorizing the development of the property described in Exhibit "A" by Clea ater Bay in accordance with the requirements of City's Land Development ulations; and B. This prior approval by the City authorized the construction of 140 condo inium units, 13,500 square feet of office, restaurant and retail development, and a 11 wetslip marina; and C. Subsequent to the approval of the development order, the City and Cie a4 ter Bay have identified the necessity for certain enhancements and improvements both the development as proposed and the City owned properties adjacent to the 1 . f • • Clearwater Bay Marina project which is commonly referred to as "Seminole Boat Landings"; and D. /benefit se improvements to the development and the Seminole Boat Landings will serve the citizens of the City of Clearwater and at the same time enhance the properties along Clearwater Harbor within the Downtown Development District; and E. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Boat Landings, serving the citizens of Clearwater; and ?, 1 G(??pr F. Through its redevelopment plan, the City alto encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and G. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst for future redevelopment projects in the area; and, (6) increasing tax revenues available to the City through increased property values in the area; and H. In recognition of the numerous benefits associated with the Clearwater Bay 2 • Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the landscaping, expa sion, beautification, and improvement of the Seminole Boat Landings which is currently operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and 1. The City and Clearwater Bay entered into negotiations in order to idyen?tify le WLAOVA desired improvements and additions to the Seminole L srty and to establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and J. As a result of these negotiations, the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development right afforded Clearwater Bay by the City and to address the redevelopment of the Seminole Boat Landings property; and K. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development agreements in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and L. Both the Act and Article 4 - 6.06 of the Clearwater Community Development #PCod , attempt to assure developers, upon receipt of all development permits, that velopment may proceed in accordance with the existing laws and policies subject to the 3 0 • conditions of a development agreement; and, M. Clearwater Bay and the City desire to enter into this written agreement setting forth the terms and conditions of sut5se develo approval forthe property described in Exhibit "A" nd the specific requirements and timetables for the improvement of public facilities which will be part of the redevelopment project for the Clearwater Bay Marina property in accordance with the provisions of the Clearwater Comprehensive Plan and the Clearwater Land Development Regulations; and N. The Clearwater Bay Marina consists of 8.89 acres of land situated within the City of Clearwater and located e---4L of Fort Harrison Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The parcel is to be developed for `np- d?? residential condominiums, townhomes, retail, restaurant, office, an lik ses- and ,/ O. Clearwater Bay desires to develop the property in a s me more particularly described and depicted on the plan attached hereto as Ehibit'-'B'-'(" 4proved Plan"). The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property W%V" pursuant to the Plan and City may provide terms and conditions governing such actions; and /Agrment ublic purpose exists for the development of the Property as provided in ththat the Agreem ent will ensure the redevelopment of real property within th water along with concomitant tax revenue and creation of business and associated employment in the downtown Clearwater area. 4 0 0 NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE 1- PURPOSE oG / G ff) ' L-I It is the purpose and intent of this Agreement to set forth the terms and conditions NY `which identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements which are desired by the both the City for the benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with its development. This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and conditions of this Agreement shall be interpreted in a manner consistent with, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT CHARACTERISTICS ?tA /I/ Recitation of Facts and Mutual Commitments. The above recitations are true and correct and are incorporated herein by this reference. . 2. Recital. The development conditions as enumerated in this Article are those 5 characteristics which City agrees to approve by and through the site plan approval process, assuming that Clearwater Bay meets the conditions set forth in this Development Agreement, and with which Clearwater Bay agrees to comply. Both parties hereby agree to implement these conditions by their respective actions. 3. Legal Description and Ownership. The Property to which this Agreement applies is legally described in Exhibit "A", which is incorporated herein by reference. learwater Bay is the owner of the Property. The Property is designated "D", Downtown :Development District on the Countywide Comprehensive Plan and is presently zoned CBD, entral Business District under the City's Community Development Code. Title to the real roperty is in Decade Partnerships.. L 4. Effective Date of Development Agreement. The effective date of this Development Agreement is the thirty-first day following the date this Development Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. Furthermore, prior to Clearwater Bay's commencement of any construction authorized hereunder, Clearwater Bay may formally abandon this Agreement by providing the City written notice of its decision to abandon development under the terms of the Agreement. Upon the submission of such notice in accordance with the notice requirements contained herein, this Agreement shall be deemed abandoned and of no fu er force or effect, and each 6 0 0 party shall be relieved of any further obligation hereunder. Duration of Development Agreement. The duration of this Development A eement shall be ten (10) years from the Effective Date hereof. The duration of this Development Agreement may be extended upon the agreement of both parties and approval by the Clearwater City Commission following a public hearing in accordance with Florida Statutes Section 163.32251 6. Develo m Approval Process. Development for the Property shall be examined for appr/ai d approved, if at all, in compliance with the Approved Plan and this Developm t Agreement. In the event of a conflict between the Approved Plan and his Devel ment Agreement, this Development Agreement shall control. No amendment 020/104101?1 . of any egulation, code, ordinance, or policy of general application in the City adopted y{? su equent to the Effective Date of this Development Agreement shall prec ude the type of use or amount of floor area set forth in the Approved Plan. 7. Required Permits. The following department permits are required to be approved for development of the property: Site plan approval; Florida Department of Aft Environmental Protection permits; utility permits; building permits. The afore-referenced ,N development permits shall be obtained at the sole cost of Clearwater Bay. In the event t? said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agreement. 7 0 8. Devel ment Uses Permitted. Development uses permitted on the Property shall be limited to the following uses consistent with the Approved Plan: 148 residential condominiums, 12 townhomes, a 120 wet slip marina, a restaurant, a ship's store and marina office, a pool clubhouse and amenities, and like use. There shall be a GJ/lQ? maximum of 12,000 square-foot gross floor area in those buildings used for non-residential uses. The project is to be constructed in two (2) phases with the first phase commencing within twenty-four (24) months of the receipt of all required plan approvals and permits. he remaining phasing schedule shall be consistent with the schedule depicted on the Approved Plans. There shall. be maximum of 190,357 square feet gross site area building coverg ae. Ma mum permissible height shall be o red fifty feet (150') to the top floor ceiling elevation, plus an allow for site grade differential due to significant ding of the site, all as measured above base flood elevation ("BFE"). Due to the slope of the site the "allowance" for site grade differential for purpose of determining maximum height shall be determined by subtracting the lowest elevation of the 19 site on its most westerly boundary of the project from the highest elevation point of the site on its most easterly boundary of the project. The resulting number represents the site grade differential and shall be divided by 2 to determine a "mean" grade differential which then may be added to the 150' maximum height above BFE as the authorized "allowance". 9. Setbacks. The minimum setback requirements for principal and accessory structures sh be as specified for the D, Downtown District, zoning district, unless an 14et 6/ov?,- apjj appropriat ariance ' received from the applicable setback requirements. It is presently anticipated t a Clearwater Bay may seek setback variances from the seawalls of the 8 yacht basin. • 10. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 11. Utility Installation; Site Lighting. Clearwater Bay shall install all utilities underground where practical and shall screen all utility facilities. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 12. Parking. Clearwater Bay shall provide parking on the Property pursuantto the Approved Plan consistent with all provisions of the technical building codes in effect at the time of application for the building permit for those improvements. 13. City Cooperation. City shall cooperate with Clearwater Bay in any reasonable manner such that both Clearwater Bay and City can comply with the terms of this Agreement. Specifically, as long as Clearwater Bay proposes development improvements co sistent with t ' Agreement, City will join in any drainage permit applications or other simila permit applications as needed to complete the scheme anticipated herein; ho ver, this provision shall not be construed to require City's participation in an itigation, whether administrative or judicial, or to render City liable for any attorne fees or costs of said litigation ARTICLE III. REDEVELOPMENT OF SEMINOLE BOAT LANDINGS 14. Conceptual Plan and Parking. The parking for vehicles and boat trailers at 9 • 0 the Seminole Boat Landings property shall be reconfigured resurfaced and restriped by the City in general conformity with the Site Plan attached hereto a xhibit "C". In addition the improvements shall include amongst other items the constru o public re rooms to serve the citizens utilizing the Seminole Boat Landings. These improvements shall he ?G(fL provided by the City and shall be commenced at such time as Clearwater Bay commences r ? construction on the adjacent property for its restaurant, condominium and/or ship's store/marina office. The cost of the improvements to the parking area and the construction of the restrooms shall be the sole responsibility of the City. 15. Landscaping and Amenities. The landscaping plan, entry signs and amenities shall be installed by the City prior to completion of the reconfigured parking area but no later than the issuance by the City of the first certificate of occupancy to Clearwater Bay for either the restaurant, condominiums and/or ship's store/marina office on the adjoining property. The costs of the landscaping, entry signs and amenities shall be?id fifty percent (50 o by the Citv and fifty percent (50%) by Clearwater Bay; provided, however, that under no circumstances shall the total amount contributed by Clearwater Bay for such improvements exceed the total amount of park impact fees payable for the development authorized hereunder. 16. Lighting. The City, at its costs, shall be responsible for installation and operation of decorative lighting of the Seminole Boat Landings sufficient for adequate security and consistent with both the requirements and design standards of the attached Site Plan and any applicable City codes. 17. Availability of Spaces at Seminole Boat Landings. All non-boat parking 10 spaces shall be available for, use by Clearwater Bay for its non-residential development at all times of?y. In addition, after 4:30 p.m. of each and every day and through 1:30 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. Provided owever, the parking for the Clearwater Theater, depicted upon the attached S' Plan, shall not be available to Clearwater Bay wi out the express written permission of the Clearwater Theater. 18. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be required to, proceed with fencing the perimeter of the Seminole Boat Landings as depicted in the attached Site Plan in order to provide appropriate security for the facility and adjoining properties. This fencing may include the right to install security gates at the entry way to the parking and launching facility as long as Clearwater Bay allows for public entry into the facility in accordance with the hours of operations and rules and regulations , &16f established by the City. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. Any entrance amenities, including any gated features shall be split equal) between the City and Clearwater Bay. 19. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against ny City recreation or park impact fee levied against new development for any and all &1- a monies or funds which Clearwater Bay expends pursuant to its obligations in paragraphs P?015 and Zbove. In the event recreation impact fees have previously been paid by Clearwater Bay then said credit shall take the form of reimbursement by the City to Clearwater Bay. 11 There shall be no result of the development previously furnished by associated with the modification of 0 Fees due and payable by Clearwater Bay as a hereunder since the transportation analysis impact demonstrates that there is no increase in traffic I vkusly approved development for the Property or the traffic generated by the existing development already on the project site 20. Maintenance. The City shall be responsible for the maintenance of the Seminole Boat Landings property including the maintenance of signage*resg, docks, 4fj40- 71?/3/,W114 entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance practices designed to maintain a pleasant appearance on the property and avoid any unsafe or 12 unsightly conditions. The City shall also be responsible for removal of all solid waste, trash, rubbish and environme al contar(nation from the Seminole Boat Landings property. The City shall pay fall fees associated with electrical service, water and wastewater fees, solid waste disposal services and all other fees associated with the operations for the Seminole Boat Landings property. 21. Operation. The City will enter into an Operations Agreement in a form as attached hereto as Exhibit "E" with Clearwater Bay providing for the operation of the -2 Seminole Boat Landings in conjunction with the marina operations conducted by Clearwater Bay on it adjacent property. The operations Agreement shall have a term of equal duration as this Agreement. 22. Access Easement. Clearwater Bay intends to operate a restaurant and ship's store in the location presently occupied by the marina's bait stand along the 12 a southwestern seawall of the yacht basin. In addition, Clearwater Bay intends to construct townhomes along the southern seawall of the yacht basin, all as depicted on the Clearwater Bay site plan attached to this Agreement. In order to enhance the access to these planned facilities and confirm the existing access points and traffic circulation, the City agrees to grant Clearwater Bay a permanent access easement for ingress and egress, and utilities, over the former right-of-way for Seminole Boulevard along the southern of the Clearwater Bay Development. The subject easement shall be over, through, across and under the real property more particularly described in Exhibit "F", attached hereto and incorporated herein by reference. ARTICLE IV - FUTURE DEVELOPMENT 23. Adjacent Property. Clearwater Bay has been working with the City and the Op"I'governing Board of the Clearwater Little Theater in an effort to fi anew location for the Theater which is consistent with the long term goals and o jectives of the Theater to provide for modernization of facilities, additional parking d room for long term growth. The City and its staff shall make every reasonable a ort to cooperate and assist the Theater and Clearwater Bay in finding and the event a successful relocation could opportunity to provide the new site to the City would transfer fee title to the (inclusive of alleyway), all as a relocation site for the Theater. In Clearwater Bay would be given the e Theater and the City and, in exchange, the ing Theater site and the adjoining two City lots in Exhibit "D", to the Clearwater Bay. The existing Theater site would then Vecome part of the Clearwater Marina Development and 13 • a allowable residential densities for the project would be increased accordingly. Clearwater Bay and the City agree to cooperate with each other in an effort to find a suitable new site acceptable to the Little Theater and in an effort to effectuate the exchange as described ove. f? PIP24. Expansion of Bayside Restaurant. As ki4-ef-its-tle?? olec Vim" Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of thee? X marina properties in accordance with the Approved Plans. This part of the project is -6 V adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property„ -?Ga2??'?GSG ?' e)d n an ,assuming submission of PJ requ s an compliance with all applicable codes, the expan urant ARTICLE V - EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 25. Completion Requirements and Guarantees. It and underst d? /havelobPeemn certificate of occupancy for any sir e s a ill be issued by the City for the ent until such time as any impact fees required to be paid prior to such issuance ?? paid by Clearwater Bay. W6. Effect of Breach or Default. Clearwater Bay understands and agrees that 14 0 the execution and performance of this Agreement is an express condition of the approval of any development on the subject property. In the event of default by the City the remedy of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this agreement. 27. Clearwater Bay's Right to Cure. Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 28. Relation of this Agreement to Site Plan or Zoning Approval. Although it Js currently contemplated the prope will be developed in accordance with the zoning I 1W O)`i /C a A ?Y? V approval, amendments to the:Uppr p an which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's Land Development Regulations without the need of amending this Agreement. ARTICLE V - MUTUALLY BINDING GENERAL PROVISIONS 29. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 17 30. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the improvement of the Seminole Boat Landings, all as more specifically provided below. No other offset, waiver or reduction of impact fees are provided for by the terms of this 15 0 6 Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 31. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 32. Consistency with Comprehensive Plan and Land Development Regulations. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and land development regulations. 33. Amendment; Cancellation. This Development Agreement maybe amended or canceled by mutual consent of the parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 34. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal 16 0 0 Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with- an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR City: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: Director of Central Permitting (same address) 35. Successors Bound. FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: J. Ben Harrill 2435 U.S. Highway 19, Suite 350 Holiday, FL 34691 This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 36. Failure of Development Agreement to Address Restrictions. Etc. The failure of this Development Agreement to address a particular permit, condition, term, or 17 0 • restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 37. Recordation, Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen (14) days after the Development Agreement is recorded. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 38. Application of Ordinances and Policies. ?J O 1 The ordinances and policies of City hedevelopment of the governing Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific 18 E • agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: 1/N/ (a) Any ordinance or policy which is necessary to carry out the Moprovisions of this Development A reement includin but not limited to ordinances rezonin 9 9 9 l? and annexing the Property, granting rianc and er development approval; (b) Any ordinance or policy which shall be adopted by City 19 0 0 accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective Date of this Agreement; (e) City's Land Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 39. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development agreement. 40. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least 20 • i once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon thirty (30) days' notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non-compliance City's action shall become null and void. 41. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 42. Drafting of Development Agreement. The parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 43. Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior 21 negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral or written. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 44. Counterparts. This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 45. Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 46. Severability. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the terms Afailure of consideration@ shall include any reduction of entitlements due and owning Clearwater Bay under the terms of this Agreement. 47. Jurisdiction and Governing Law. The parties hereto agree that any and all 22 • a suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 48. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 49. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the redevelopment plans presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project in accordance with the plans attached hereto as Exhibit AB@. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. WITNESSES: Signature Print Name Signature For CITY OF CLEARWATER: Signature Print Name/Title 23 0 • Print Name Signature Print Name Signature Print Name For CLEARWATER BAY MARINA, LLC Signature Print Name/Title Clearwater Bay Marine Exhibit List Exhibit "A" Legal Description of Site Exhibit "B" Redevelopment Plan Exhibit "C" Seminole Boat Landing Plan Exhibit "D" Little Theater and Adjacent Lots Exhibit "E" Operation Agreement for Seminole Boat Landing Exhibit "F" Access Easement Description 24 Message • Page 1 of 1 • Tarapani, Cyndi From: Akin, Pam Sent: Tuesday, November 19, 2002 4:07 PM To: 'Ben Harrill'; Fierce, Lisa; Akin, Pam; Tarapani, Cyndi; rstone@cleawater-fl.com Cc: dharrill1@yahoo.com; jerry@figurskihardil.com Subject: RE: Clearwater Bay Development Agreement Ben, this version appears to be different than the draft provided Monday. Please e-mail your current version. It would be helpful if you could show the changes from the Friday version to the Monday version. -----Original Message----- From: Ben Harrill [mailto:ben@fhlaw.net] Sent: Friday, November 15, 2002 11:41 AM To: Fierce, Lisa; Akin, Pam; ctarapan@clearwater-fl.com; rstone@cleawater-fl.com Cc: dharrilll@yahoo.com; jerry@figurskiharrill.com Subject: Clearwater Bay Development Agreement Attached please find a copy of the proposed Development Agreement for Clearwater Bay Marina containing those changes requested by the City at the meeting yesterday. While we will formally submit the revised agreement Monday with the appropriate exhibits, I am sending an advance copy by email to allow some additional time for review since there seems to be some concern about processing time. We have also modified the Agreement to reflect the discussions concerning the Seminole Street Launch Ramp improvements, which would: (1)require the submission of a detailed improvement plan; (2) allow the nature and extent of improvements to be ultimately approved by the City Commission;and, (3) cap the City's participation in all improvements at $150,000.00. In addition, we have deleted the "operations agreement" for the boat ramp as an exhibit, and the agreement now states the City and developer will negotiate in an effort to develop such an agreement, subject to approval of the City Commission. As always, should you have any questions or concerns please do not hesitate to contact me. Thank you. Ben Harrill Figurski & Harrill 11/20/2002 0 0 Tarapani, Cyndi From: Wells, Wayne Sent: Thursday, November 21, 2002 11:41 AM To: Tarapani, Cyndi; Fierce, Lisa; Akin, Pam Subject: Clearwater Bay Marina Development Agreement - Bill Morris Comments FYI -----Original Message----- From: Morris, William sent: Wednesday, November 20, 2002 3:01 PM To: Wells, Wayne Subject: Show Stopper Wayne; just received and moved to the top of my pile the development agreement for 900 North Osceola. Upon reaching page 7 Article III Redevelopment of Seminole Street Launch Ramp, paragraph 10. Conceptual Plan and Parking. the wording throughout the paragraph say's "the city" and obligates "the city" up to the cost of $150K to pay for designs and building of restrooms and the costs of reconfiguring, resurfacing and restriping the parking to suit the needs of the developer. There is additional language which talks about landscaping. 1. 1 need a definition of who "the city" is... if my assumption that it is the marine and aviation department as the "owner of the real-estate" I do not have this item funded in my budget or as a CIP... 2. 1 could create a CIP for next budget year and begin funding it. It would take several years and delay funding of other scheduled CIP projects to support this agreement. The projects most likely impacted/delayed would be: replacing underground fuel tanks and pipe lines ($300K+) repairing the marina commercial and non -commercial docks ($75 - $100K) funding any near (5 year) future public access docks ($125 - $150K) dredging the marina which is currently 5 to 7 years past due ($150 - $250K). none of these projects are fully funded under our current budget and the associated funds are not available for re-distribution by my authority. 3. Presently the Launch ramp area while not "upscale", as launch ramps go it is functional. While under utilized during the week, on weekends and holidays there is insufficient parking during the daylight hours, with demand rapidly tapering off in the late afternoon. 4. 1 cannot obligate city funds of this magnitude and do not have Marine and Aviation funds budgeted for this purpose. 5. 1 also realize I am not the deciding vote in this issue. However, they need our city parking, and weekdays the public lot is underutilized. 6. My objections are based solely on where the dollars come from to pay the cities portion/$150,000 0 Tarapani, Cyndi From: Stone, Ralph Sent: Tuesday, November 19, 2002 2:13 PM To: Tarapani, Cyndi; Fierce, Lisa; Morris, William Cc: Akin, Pam; Brumback, Garry; Goudeau, Cyndie Subject: clearwater bay marina dev. agree all-i just spoke w pam re. our ability to get this out for the dec. CDB meeting; parr and i feel that, given the amendments to the agreement, there is not a lot let to negotiate for "now/; there will be issues that are subject to future negotiation however; pam has not finished looking at what they submitted yesterday; when she is finished she will contact me and cyndi t. to let us know if she is comfortable going ahead and having cyndie g. advertise; this is due tomorrow, if so, we will then have about two weeks from today to finish any negotiations necessary to have ready for the CDB mailout; Pam's call on this; Pam-if you decide we cannot get there let me know and i'II break the happy news to harrill/figurski DEVELOPMENT AGREEMENT FOR CLEARWATER BAY MARINA BY AND BETWEEN THE CITY OF CLEARWATER AND CLEARWATER BAY MARINA, L.L.C. THIS AGREEMENT is made and entered into this day of 2002, by and between City of Clearwater, a municipal corporation of the State of Florida, acting by and through its City Commission, the governing body thereof, hereinafter referred to as the "City" and, Clearwater Bay Marina, LLC. a limited liability company duly organized and validly existing under the laws of the State of Florida, with its principal business mailing address located at 2435 U.S. Highway 19, Suite 350, Holiday, Florida 34691 hereinafter referred to as "Clearwater Bay". RECITALS: A. The City previously issued development orders for the Clearwater Bay Marina Project authorizing the development of the property described in Exhibit "A" by Clearwater Bay in accordance with the requirements of City's Land Development Regulations; and B. Subsequent to the approval of the development order, the City and Clearwater Bay have identified the necessity for certain enhancements and improvements to the City owned property adjacent to the Clearwater Bay Marina project which is commonly referred to as "Seminole Boat Landings" and these improvements will serve to benefit the citizens of the City of Clearwater and at the same time enhance the waterfront properties along Clearwater Harbor within the Downtown Development District ; and 1 r? • E C. The City is actively engaged in redevelopment efforts for the downtown area which efforts include a desire to improve public facilities, such as the Seminole Boat Landings, serving the citizens of Clearwater; and D. Through its redevelopment plan the City also encourages private property owners within the downtown area to revitalize, improve and otherwise enhance existing properties and development which due to age, neglect or change in character of the area are in need of modernization and improvement; and E. The City has identified the Clearwater Bay Marina Project as a development which when completed will enhance the Downtown District by: (1) providing quality residential development within walking distance to downtown merchants; (2) eliminating existing boatyard operations in a residential area; (3) eliminating existing casino cruise operations adjacent to City park property; (4) providing for retail and waterfront restaurant opportunities serving the downtown area; (5) serving as a catalyst for future redevelopment projects in the area; and, (6) increasing tax revenues available to the City. through increased property values in the area; and F. In recognition of the numerous benefits associated with the Clearwater Bay Marina redevelopment project, the City has agreed to enter into this Development Agreement with Clearwater Bay to assist in the landscaping, expansion, beautification, and improvement of the Seminole Boat Landings which is currently operated by the Clearwater Bay Marina on behalf of the City under separate agreement; and G. The City and Clearwater Bay entered into negotiations in order to identify desired improvements and additions to the Seminole Boat Landings property and to 2 • 0 establish the respective rights and responsibilities of the City and Clearwater Bay for the costs of such improvements, the operations of the facilities and the rights to use the facilities; and H. As a result of these negotiations the City and Clearwater Bay have also entered into this Agreement for the purpose of confirming the development rights afforded Clearwater Bay by the City and to address the redevelopment of the Seminole Boat Landings property; and 1. The Florida Local Government Development Agreement Act, as set forth in Sections 163.3220-163.3243, Florida Statutes and referenced in Article 4 - 606 of the Clearwater Community Development Code, authorizes the use of development agreements in order to eliminate the lack of certainty in approval of development, encourage sound capital improvement, planning and financing, and encourage a commitment to the comprehensive planning process; and J. Both -the Act and Article 4 --6.06 of the Clearwater Community Development. Code, attempt to assure developers, upon receipt of all development permits, that development may proceed in accordance with the existing laws and policies subject to the conditions of a development agreement; and, K. Clearwater Bay and the City desire to enter into this written agreement setting forth the terms and conditions of subsequent development approval for the property described in Exhibit "A" and the specific requirements and timetables for the improvement of public facilities which will be part of the redevelopment project for the Clearwater Bay Marina property in accordance with the provisions of the Clearwater 3 • E Comprehensive Plan and the Clearwater Land Development Regulations; and L. Clearwater Bay Marina is the fee simple owner of 8.89 acres of land situated within the City of Clearwater and located east of Osceola Avenue and north of Seminole Street. The entire tract is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The parcel is to be developed for residential condominiums, townhomes, retail, restaurant, office, and like uses; and M. Clearwater Bay desires to develop the property in a scheme more particularly described and depicted on the plan attached hereto as Exhibit "B" ("Redevelopment Plan"). The Parties mutually desire to consummate a development agreement pursuant to the above-referenced authority, such that Clearwater Bay may develop the property pursuant to the Redevelopment Plan and City may provide terms and conditions governing such actions; and N. A public purpose exists for the development of the Property as provided in the Agreement in that the Agreement will ensure the redevelopment.of real property within the City of Clearwater along with concomitant tax revenue and creation of business and associated employment in the downtown Clearwater area. NOW, THEREFORE, in consideration of the mutual covenants and provisions herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, the City and Clearwater Bay hereby agree as follows: ARTICLE I - PURPOSE It is the purpose and intent of this Agreement to set forth the terms and conditions 4 0 0 which identify the City's and Clearwater Bay's respective obligations for the provision of certain public improvements which are desired by the both the City for the benefit of the general public and Clearwater Bay to enhance its redevelopment efforts associated with its development . This Agreement is intended to define the terms and conditions for the construction, maintenance and operation of such improvements and the respective obligations, contributions and rights of the parties. In addition, the Agreement is intended to provide reasonable assurances to Clearwater Bay that development may continue within the Clearwater Bay Marina project in accordance with existing and future City approvals and subject to the terms and conditions of this Agreement. All terms and condi- tions of this Agreement shall be interpreted in a manner consistentwith, and in furtherance of, the purpose as set forth above. ARTICLE II: MUTUALLY-AGREED-TO DEVELOPMENT 1. 1 CHARACTERISTICS 1. Recitation of Facts and Mutual Commitments. The above recitations are true and correct and are incorporated herein by this reference. 2. Recital. The development conditions as enumerated in this Article are those characteristics which City agrees to approve by and through the site plan approval process, assuming that Clearwater Bay meets the conditions set forth in this Development Agreement, and with which Clearwater Bay agrees to comply. Both parties hereby agree to implement these conditions by their respective actions. 3. Legal Description and Ownership. The Property to which this Agreement 5 i P' • 0 applies is legally described in Exhibit "A", which is incorporated herein by reference. Clearwater Bay is the owner of the Property. The Property is designated "D", Downtown Development District on the Countywide Comprehensive Plan and is presently zoned CBD, Central Business District under the City's Community Development Code. 4. Effective Date of Development Agreement. The effective date of this Development Agreement is the thirty-first day following the date this Development Agreement is received by the state land planning agency following execution, recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239. In the event of a court challenge to this Development Agreement by a party or non-party, the parties will reconsider the effect of this Agreement and Clearwater Bay shall have no ongoing obligation to defend this Development Agreement. 5. Duration of Development Agreement. The duration of this Development Agreement shall be ten (10) years from the Effective Date hereof. The duration of this Development Agreement may be extended upon the agreement of both parties and approval by the Clearwater City Commission following a public hearing in accordance with Florida Statutes Section 163.3225. 6. Development Approval Process. Development for the Property shall be examined for approval and approved, if at all, in compliance with the Approved Plan and this Development Agreement. In the event of a conflict between the Approved Plan and this Development Agreement, this Development Agreement shall control. No amendment of any regulation, code, ordinance, or policy of general application in the City adopted subsequent to the Effective Date of this Development Agreement shall preclude the type of use or amount of floor area set forth in the Approved Plan. 6 • 7. Required Permits. The following department permits are required to be approved for development of the property: Site plan approval; Southwest Florida Water Management District permits; utility permits; building permits. The afore-referenced development permits shall be obtained at the sole cost of Clearwater Bay. In the event said development permits are not obtained by Clearwater Bay, action in reliance on this Development Agreement or expenditures in pursuance of its terms or any rights accruing to Clearwater Bay thereunder shall not vest any development rights in Clearwater Bay, nor shall it constitute partial performance entitling Clearwater Bay to a continuation of this Development Agree 8Cited Development Uses Permitte . evelopment uses permitted on the Property shall be to the followi s consistent_w'th the Approved Plan: 187 residential condominiums, 24 townhomes, 136 wet slip marina, restau ant (s), retail, office, and like thOk ? uses; a maximum of 15,000 square-foot gross floor area of n n-residential use?fo be 7 constructed in two (2) phases and maximum of gross site area uilding coverage 1 development, to be built in two (2) phases. Maximum permissible height shall be one hundred sixty eight feet (168'). 9. Setbacks. The minimum sack requirements for principal and accessory structures shall be as specified for the C, Ce s nct, zoning district. 10. Availability of Infrastructure. The roads, landscaping, and other internal, developer provided infrastructure serving the Property shall be completed before a certificate of occupancy may be issued for the project. 11. Utility Installation; Site Lighting. Clearwater Bay shall install all utilities 7 JR. • • underground where practical and shall screen all utility facilities. Clearwater Bay shall comply with all City ordinances regarding site lighting in effect at the time of application for the building permit for those improvements. 12. Parking. Clearwater Bay shall provide parking on the Property pursuant to the Approved Plan consistent with all provisions of the technical building codes in effect at the time of application for the building permit for those improvements. 13. City Cooperation. City shall cooperate with Clearwater Bay in any reasonable manner such that both Clearwater Bay and City can comply with the terms of this Agreement. Specifically, as long as Clearwater Bay proposes development improvements consistent with this Agreement, City will join in any drainage permit applications or other similar permit applications as needed to complete the scheme anticipated herein; however, this provision shall not be construed to require City's participation in any litigation, whether administrative or judicial, or to render City liable for any attorney's fees or costs of said litigation. ARTICLE III. REDEVELOPMENT OF SEMINOLE BOAT LANDINGS 14. Conceptual Plan and Parking. The parking for vehicles and boat trailers at the Seminole Boat Landings property shall be reconfigured, resurfaced and restriped by the City in general conformity with the Site Plan attached hereto as Exhibit "C". In addition the improvements shall include amongst other items the construction of public restrooms to serve the citizens utilizing the Seminole Boat Landings. These improvements shall be s _. 4 3 ?` x 5 ? ?d N..J • • provided by the City and shall be commenced at such time as Clearwater Bay commences construction on the adjacent property for its restaurant, condominium and/or ship's store/marina office. The cost of the improvements to the parking area and the construction of the restrooms shall be the sole responsibility of the City. 15. Landscaping and Amenities. The landscaping plan, entry signs and amenities shall be installed by the City prior to completion of the reconfigured parking area but no later than the issuance by the City of a certificate of occupancy to Clearwater Bay for the restaurant, condominiums and/or ship's store/marina office on the adjoining property. The costs of the landscaping, entry signs and amenities shall be paid fifty percent (50%) by the City and fifty percent (50%) by Clearwater Bay. 16. Lighting. The City, at its costs, shall be responsible for installation and operation of decorative lighting of the Seminole Boat Landings sufficient for adequate security and consistent with both the requirements and design standards of the attached Site Plan and any applicable City codes. 17. Expansion. The parking areas will be expanded by the City in accordance with the attached site plan to include the property located on the east side of the existing Clearwater Theater property, which property is more fully described in Attachment "1" to Exhibit "C". In addition the parking area will also be expanded into that area on the south side of Seminole Street currently occupied by a wooden structure, which area is more specifically identified as Attachment "2" to Exhibit "C".. The City will be responsible for all costs associated with this expansion including the relocation and removal of the existing wooden structure in a timely manner in order that the expanded parking spaces in both 9 • • areas may be paved and landscaped at the same time the existing lot is reconfigured and improved. 18. Availability of Spaces. Upon completion of the improvements required herein, all non-boat parking spaces shall be available for use by Clearwater Bay for its nor/ residential development at all times of the day. In addition, after 5:00 p.m. of each and every day and through 1:00 a.m. of the following day, all boat trailer spaces which are not occupied shall be available for use by Clearwater Bay for its nonresidential development. Provided, however, the parking for the Clearwater Theater, as depicted upon the attached Site Plan, shall not be available to Clearwater Bay without the express written permission of the Clearwater Theater. 19. Perimeter Fencing. If Clearwater Bay so elects it may, but shall not be required to, proceed with fencing the perimeter of the Seminole Boat Landings as depicted in the attached Site Plan in order to provide appropriate security for the facility and adjoining properties. However, such fencing may not interfere with the hours of operations of the property as established by the City from time to time. The costs of such fencing, excluding any entrance amenities, shall be the sole responsibility of Clearwater Bay. 20. Impact Fee Credits. Clearwater Bay shall be entitled to a credit against any City recreation or park impact fee levied against new development for any and all monies or funds which Clearwater Bay expends pursuant to its obligations in paragraph 15. above. In the event recreation impact fees have previously been paid by Clearwater Bay then said credit shall take the form of reimbursement by the City to Clearwater Bay. 21. Maintenance. The City shall be responsible for the maintenance of the 10 s r ) R 7 ??lp as t?,ru€.??tl .0 • Seminole Boat Landings property including the maintenance of signage, restrooms, docks, entrance amenities, lighting, landscaping and irrigation systems. The maintenance of the grounds and amenities shall be consistent with good landscape maintenance practices designed to maintain a pleasant appearance on the property and avoid any unsafe or unsightly conditions. The City shall also be responsible for removal of all solid waste, trash, rubbish and environmental contamination from the Seminole Boat Landings property. The City shall pay all fees associated with electrical service, water and wastewater fees and solid waste disposal services for the Seminole Boat Landings property. 22. Operation. The City will enter into an Operations Agreement in a form as attached hereto as Exhibit "D" with Clearwater Bay providing for the operation of the Seminole Boat Landings in conjunction with the marina operations conducted by Clearwater Bay on it adjacent property. ARTICLE IV -EFFECT OF AGREEMENT ON DEVELOPMENT APPROVAL 23. Completion Requirements and Guarantees - It is agreed and understood that no certificate of occupancy for any structure shall be issued by the City for the development until such time as any impact fees required to be paid prior to such issuance have been paid by Clearwater Bay. 24. Effect of Breach or Default - Clearwater Bay understands and agrees that the execution and performance of this Agreement is an express condition of the approval of any development on the subject property . In the event of default by the City the remedy 11 1 • • of specific performance shall be available to Clearwater Bay to enforce the terms and conditions of this agreement. 25. Clearwater Bay's Right to Cure - Clearwater Bay will not be deemed to have failed to comply with the terms of this Agreement or to be in default hereunder until notice from the City of the alleged non-compliance or default is given to Clearwater Bay followed by a reasonable period to cure such non-compliance. The time period for any cure will be reasonably related to the nature of the alleged non-compliance. 26. Relation of this Agreement to Site Plan or Zoning Approval - Although it is currently contemplated the property will be developed in accordance with the zoning approval, amendments to the zoning approval which do not conflict with the terms of this Agreement may be made in the manner authorized in the City's Land Development Regulations without the need of amending this Agreement. ARTICLE V - MUTUALLY BINDING GENERAL PROVISIONS 27. Captions. Captions used herein are for the convenience of the parties and are not to be interpreted to have any specific meaning. 28. Offset of Impact, Other Fees. This Development Agreement provides for an offset of certain recreation impact fees for funds expended by Clearwater Bay for the improvement of the Seminole Boat Landings, all as more specifically provided below. No other offset, waiver or reduction of impact fees are provided for by the terms of this Agreement. Clearwater Bay shall pay impact fees, capacity fees, connection fees, and 12 fi s 3I I d ? • • any other fees which may be due as provided by the City's ordinances and regulations in existence at the time of approval of this Development Agreement. Clearwater Bay shall be obligated to pay no more in impact fees than will be required of any other developer for a project of the same size and intensity under City's ordinances. 29. Authority. This Development Agreement is entered into by City in accordance with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government Development Agreement Act, and Article 4 - 606 of the Clearwater Community Development Code, and the terms of said statutory and code sections are incorporated herein by reference. 30. Consistency with Comprehensive Plan and Land Development Regulations. This Development Agreement and the development authorized herein are consistent with City's comprehensive plan and land development regulations. 31. Amendment; Cancellation. This Development Agreement may be amended or canceled by mutual consent of the parties or their successors in interest and upon compliance with the notice requirements for initial adoption of the Development Agreement as set forth in Article 4 - 606. 32. Notices. All notices, demands, requests, or replies provided for or permitted by this Development Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. 13 • • Notice by overnight express delivery service shall be deemed effective one (1) business day after deposit with the express delivery service. For purposes of notice, demand, request or replies, the addresses of the Parties shall be: FOR CITY: City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 34618-4748 With copy to: Director of Central Permitting (same address) FOR Clearwater Bay: Jeffrey Keierleber 250 Patrick Blvd., Suite 140 Brookfield, Wisconsin 53045-5864 With copy to: J. Ben Harrill 2435 U.S. Highway 19 North Suite 350 Holiday, FL 34691 33. Successors Bound. This Development Agreement shall constitute a covenant running with the land for the duration hereof, and the burdens of the Development Agreement shall be binding upon and the benefits of the Development Agreement shall inure to all heirs, successors in interest, and any assignees of the parties hereto. 34. Failure of Development Agreement to Address Restrictions, Etc. The failure of this Development Agreement to address a particular permit, condition, term, or restriction shall not relieve Clearwater Bay of the necessity of complying with the law and said permitting requirements, conditions, term or restriction. 35. Recordation, Etc. Not later than fourteen (14) days after the execution of this Development Agreement, City shall record same in the public records of Pinellas County, and a copy of same shall be submitted to the state land planning agency within fourteen 14 (14) days after the Development Agreement is recorded. In the event Clearwater Bay should request at any time during the term of this Agreement confirmation from City that Clearwater Bay is in compliance with this Agreement, City shall provide said confirmation within ten (10) days of said request, or in the event that Clearwater Bay is not in compliance with this Agreement, City shall forward within that ten (10)-day period a specific enumeration of those items as to which City believes Clearwater Bay is out of compliance. Failure of the City to provide either said confirmation or said specific enumeration within the ten (10)-day period shall be deemed certification that Clearwater Bay is in compliance with this Agreement. 36. Application of Ordinances and Policies. (1) The ordinances and policies of City governing the development of the Property at the time of the execution of this Development Agreement shall continue to govern the development of the Property for the duration of the Development Agreement. (2) City may apply ordinances and policies adopted subsequent to the execution of this Development Agreement to the Property during the term thereof if the City Commission has held a public hearing, with notice mailed to Clearwater Bay of specific agenda items to be heard and potentially applied to Clearwater Bay, and has determined, by the making of specific findings of fact, that said ordinances and policies are: (a) Not in conflict with the laws and policies governing this Development Agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the Development Agreement; and (b) Essential to the public health, safety and welfare; and 15 r • • (c) Expressly state that they shall apply to a development that is subject to a development agreement; and (d) Are specifically anticipated and provided for in this Development Agreement; and (e) Are adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of this Development Agreement or subsequent to a determination that the Development Agreement is based on substantially inaccurate information supplied by Clearwater Bay; and (f) Are of general application to the community at large for all similarly situated developments. (3) The ordinances and policies which are specifically anticipated and provided for in this Development Agreement are: (a) Any ordinance or policy which is necessary to carry out the provisions.of this Development Ag reement, including but not limited to ordinances rezoning and annexing the Property, granting variances and other development approval; (b) Any ordinance or policy which shall be adopted by City accepting, approving, or implementing City's Evaluation and Appraisal Report concerning its comprehensive plan; (c) Ordinances and policies of general application in the City, including but not limited to ordinances imposing additional or increased transportation, open space, sewer, water, or other impact, capacity, or connection fees; (d) City's Capital Improvement Program in effect as of the Effective 16 Date of this Agreement; (e) City's Land Development Code. (4) The provisions contained in this Paragraph do not abrogate any rights that may vest pursuant to common law. (5) Upon termination, revocation, cancellation, or expiration of this Development Agreement, all then-existing codes shall be applicable to the Property regardless of the terms of the Development Agreement. 37. Modification or Revocation to Comply with Subsequently Enacted State and Federal Law. If any state or federal law is enacted after the execution of this Development Agreement which is applicable to and precludes the Parties' compliance with the terms of this Development Agreement, such Agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption of a development .agreement: 38. Periodic Review of Development Agreement: Revocation or Modification for Failure to Comply. The City Manger shall review the Property at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the Development Agreement, and shall report such findings to the City Commission. This Development Agreement may be revoked or modified by the City Commission upon thirty (30) days' notice to Clearwater Bay if the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the Development Agreement. Such revocation or modification shall be accomplished only after a public hearing and notice sufficient for the adoption of a 17 LIT i i development agreement. However, in the event City elects to modify or revoke this Development Agreement due to the Clearwater Bay's noncompliance, Clearwater Bay shall have ninety (90) days within which to cure said non-compliance and upon Clearwater Bay's curing said non-compliance City's action shall become null and void. 39. Enforcement. This Development Agreement may be enforced as set forth in Florida Statutes Section 163.3243, as may be amended from time to time. Clearwater Bay and City shall additionally be able to enforce this Agreement as may be provided by law. 40. Drafting of Development Agreement. The parties shall be deemed to have participated jointly in the drafting of this Development Agreement. Accordingly, this Development Agreement shall be construed neutrally without regard to the party or parties responsible for its preparation, and any terms, conditions, uncertainty, or ambiguity shall not be construed against any of the parties as a result of the drafting of such. 41. - Entirety of Agreement. This Development Agreement constitutes the entire agreement of the parties. This Development Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Development Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviations from the terms hereof shall be predicated upon any representations or agreements, whether oral orwritten. This Development Agreement may be modified or amended only by a separate writing signed by all parties hereto. 18 111 s -$y 0 42. Counterparts - This Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same Agreement. 43. Gender - Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. 44. Severability - In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uneforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein unless such unenforceable provision results in a frustration of the purpose of this Agreement or the failure of consideration. For purposes of this section the terms "failure of consideration" shall include any reduction of entitlements due and.owning Clearwater Bay under the terms of this Agreement... 45. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or actions at law relating to the entry into or the provisions of this Development Agreement shall be brought in Pinellas County, Florida, and in no other jurisdiction. This Development Agreement shall be construed and interpreted under the laws of the State of Florida. 46. Costs and Attorney's Fees in Litigation. In the event that either party seeks to enforce this Agreement or to interpret any provision of this Agreement by the institution of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto, and including any appellate proceedings, the parties agree that all costs actually incurred 19 it Q ,ir j5?.< in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing party. 47. Conditions Precedent. The effectiveness of this Agreement shall be specifically conditioned upon the approval of the redevelopment plans presently pending with the City in such a manner so as to allow Clearwater Bay to proceed with the development of its project in accordance with the plans attached hereto as Exhibit "B". IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals the day and year first above written. 20 s ?1 4 f 0 0 Tarapani, Cyndi From: Akin, Pam Sent: Wednesday, November 06, 2002 2:58 PM To: Ben Harrill (E-mail) Cc: Stone, Ralph; Tarapani, Cyndi 23. Adjacent Property. Clearwater Bay has been working with the City and the governing Board of the Clearwater Little Theater in an effort to find a new location for the Theater in order to make the Little theater property available for redevelopment. In the event a successful relocation could occur, Clearwater Bay would be given the opportunity acquire the site in a manner consistent with the City Charter. In the event that the property becomes part of the Clearwater Marina Development, and residential densities for the little Theater property would be increased as provided in the Land Development Code and the Periphery Plan. ( Since this is not in your development plan, in order to be approved in this agreement you will have to include a description of density and height.) Clearwater Bay and the City agree to cooperate with each other in an effort to find a suitable new site acceptable to the Little Theater. 24. Expansion of Bayside Restaurant. As part of its development project Clearwater Bay plans to construct a bayside restaurant on the southwestern portion of the marina properties in accordance with the Approved Plans. This part of the project is adjacent to other property which is presently owned by the Inland Waterway and Navigation District. Clearwater Bay is negotiating with the District to lease or acquire a portion, or all, of the subject property with the intention of expanding the bayside restaurant activities to include the District property. ( Since this is not in your development plan, in order to be approved in this agreement you will have to include a description of building intensities and height.) The City agrees to cooperate with Clearwater Bay in seeking to secure the necessary interest in the subject property and assuming submission of required plans and compliance with all applicable codes, the expansion of the restaurant activities. • 0 • E Tarapani, Cyndi From: Stone, Ralph Sent: Wednesday, November 13, 2002 9:46 AM To: Akin, Pam; Fierce, Lisa; Morris, William; Tarapani, Cyndi Cc: Phillips, Sue Subject: clearwater bay marina please make sure that i am notified of all meetings re. the dev. agreement component of this project; it is my strong desire that this project not "slip" a month; if there are issues related to the development agreement that do not affect the site plan ( not the city boat ramp) pam and i will resolve these; thanks • • Tarapani, Cyndi From: Stone, Ralph Sent: Wednesday, October 09, 2002 4:35 PM To: Fierce, Lisa; Tarapani, Cyndi Cc: Owens, Reginald W. Subject: osceola bay area fyi; ellenberg is working w george rahdert w the idea of combining properties again; the reason is that ellenberg would like several more units and rahdert needs land area to get to the 2 acre min. to get 50 units per acre; if they reach agreement they would want to process a new single site plan, but the two structures would be separate development projects; i suspect the structures would not be designed by a single architect and the accessiamenities would have to be worked out; lisa you will recall from our meeting that this was one of the handful of options we all talked about; looks like this one is in the lead; trella knows he needs to coord w you guys re. sched., code, etc. ; M • Tarapani, Cyndi From: Stone, Ralph Sent: Thursday, October 17, 2002 4:22 PM To: Akin, Pam; Morris, William; Dunbar, Kevin E.; Brumback, Garry; Tarapani, Cyndi; Fierce, Lisa Subject: clearwater bay marina dev. agree in addition to the mark ups we did on the development agreement, here are the unresolved business points we discussed for ben/don et.al.: 1. we have no interest in a public restroom facility; a preferred alternative is to utilize the restrooms that will be required in the new bait house to provide this service; this will allow the operators to control who uses, hours of operation, etc.; city owned public restrooms in other outdoor recreation uses in the city are problematic for a variety of reasons 2.we need to understand the hours of operation for the resturant; we believe that it will be an evening only facility; if not we have concerns re. parking to service the resturant 3.we will define the rec/open space fees that will apply to the project and based on the applicability of the fees collected and the cost of the projects that have been proposed to be funded by these fees, we will make a decision on the use of the fees as requested 4.the access issues need to be discussed when we have some detail on a site plan that reflects the exact locations and intended use of the easement(s) 5.all of article 3 needs to be discussed in the context of the specific plan and improvement detail that is anticipated; there is no way for us to respond to the key business points related to parking, perimeter landscaping, entry signs and amenities, lighting, etc. until we have more detail including cost estimates good job all; everyone was prepared and we got the review done in a timely way; thanks E LJ Tarapani, Cyndi From: Stone, Ralph Sent: Monday, October 21, 2002 10:59 AM To: Morris, William; Dunbar, Kevin E.; Owens, Reginald W.; Fierce, Lisa; Tarapani, Cyndi Cc: Akin, Pam; Brumback, Garry Subject: clearwater bay dev. agree pam and i met w developers this morning; they have an appointment w their architect this afternoon to get us detailed design/cost estimates that will assist w decisions re. the businees points; other wise the following questions/issue came up: 1.for planning; has anyone been in asking about rezoning/redevelopment of the residential area to the north and west of osceola; they heard a rumor that some group was interested in commercial development of that area? 2.bill m. -do you know if the city has a survey of the seminole dock land?; if not would you please check w earl or engineering; thanks 3. we discussed their request to do the improvements on the dock site to city standards, but they would be responsible for contract selection; bids; construction management and actual improvement construction; ;pam is reviewing this request 4. they will be indicating the easement they are requesting on the city property when they submit the site plan they are still planning on submitting site plan and development agreement on thurs; pam indicated a willingness to work through outstanding dev. agree issues prior to CDB meeting deadlline; lisa would you let pam know when the CDB packet would go out on this case; thanks • Tarapani, Cyndi From: Tarapani, Cyndi Sent: Friday, October 18, 2002 2:27 PM To: Stone, Ralph; Akin, Pam; Morris, William; Dunbar, Kevin E.; Brumback, Garry; Fierce, Lisa Subject: RE: clearwater bay marina dev. agree I want to reiterate my concern about the timing of review of this agreement. Since we are less than one week away from application deadline on Thurs., Oct. 24, I am concerned that there may not be enough time to get the agreement done along with the site plan, which is of course required. This is primarily dependent on how quickly the applicant answers our concerns and revises the development agreement, but of course, we need adequate time to respond to the applicant's proposal which is incomplete at this time. I would appreciate it if either Lisa or I are included in the agreement negotiations so that we can keep coordination with the site plan and try to make everyone's schedule work. Thanks. -----Original Message----- From: Stone, Ralph Sent: Thursday, October 17, 2002 4:22 PM To: Aldn, Pam; Moms, William; Dunbar, Kevin E.; Brumback, Garry; Tarapani, Cyndi; Fierce, Lisa Subject: clearwater bay marina dev. agree in addition to the mark ups we did on the development agreement, here are the unresolved business points we discussed for ben/don et.al.: 1. we have no interest in a public restroom facility; a preferred alternative is to utilize the restrooms that will be required in the new bait house to provide this service; this will allow the operators to control who uses, hours of operation, etc.; city owned public restrooms in other outdoor recreation uses in the city are problematic for a variety of reasons 2.we need to understand the hours of operation for the resturant; we believe that it will be an evening only facility; if not we have concerns re. parking to service the resturant 3.we will define the rec/open space fees that will apply to the project and based on the applicability of the fees collected and the cost of the projects that have been proposed to be funded by these fees, we will make a decision on the use of the fees as requested 4.the access issues need to be discussed when we have some detail on a site plan that reflects the exact locations and intended use of the easement(s) 5.all of article 3 needs to be discussed in the context of the specific plan and improvement detail that is anticipated; there is no way for us to respond to the key business points related to parking, perimeter landscaping, entry signs and amenities, lighting, etc. until we have more detail including cost estimates good job all; everyone was prepared and we got the review done in a timely way; thanks essage Page 1 of 2 Tarapani, Cyndi From: Harriger, Sandy Sent: Monday, October 07, 2002 10:01 AM To: Tarapani, Cyndi; Morris, William; Brumback, Garry; Fierce, Lisa; Akin, Pam; Stone, Ralph Subject: FW: Clearwater Bay Marina Development Agreement Meeting Confirming to all that this meeting has been placed on your calendars for Thursday, 10/17 at 2pm. Thanks! Sandy Harriger Admin. Analyst - Econ. Development 727-562-4039 -----Original Message----- From: Stone, Ralph Sent: Thursday, October 03, 2002 4:38 PM To: Morris, William; Tarapani, Cyndi; Owens, Reginald W.; Brumback, Garry; Fierce, Lisa Cc: Akin, Pam; Harriger, Sandy Subject: FW: Clearwater Bay Marina Development Agreement... all-attached is the proposed dev. agreement for clearwater bay marina; they are shooting to submit this with thier site plan which will be submitted on oct. 24; please review and i will have sandy harriger contact each of you to set up a meeting to review, hopefully toward the end of next week or early the following bill-from your end please think about the estimated costs of the items they want to "share cost" with us on re. the boat ramp/parking area sandy-would you contact all above and sched. for one hour thanks -----Original Message----- From: Akin, Pam Sent: Thursday, October 03, 2002 4:14 PM To: Stone, Ralph Subject: FW: Clearwater Bay Marina Development Agreement... -----Original Message----- From: Ben Harrill [mailto:ben@fhlaw.net] Sent: Wednesday, October 02, 2002 7:10 AM To: 'Akin, Pam' Subject: RE: Clearwater Bay Marina Development Agreement... Pam, Sorry about that, it should be attached to this reply. Thanks, and please call with any questions. -----Original Message----- From: Akin, Pam [mailto:pakin@clearwater-fl.com] Sent: Tuesday, October 01, 2002 4:58 PM To: 'Ben Harrill' Subject: RE: Clearwater Bay Marina Development Agreement... Ben, I got this e-mail but no attachment or message! -----Original Message----- 10/7/2002 yqessage 0 0 Page 2 of 2 From: Ben Harrill [mailto:ben@fhlaw.net] Sent: Tuesday, October 01, 2002 4:54 PM To: pakin@clearwater-fl.com Subject: Clearwater Bay Marina Development Agreement... (XV /0- OA 10/7/2002 •- Tarapani, Cyndi From: Tarapani, Cyndi Sent: Tuesday, February 05, 2002 9:39 AM To: Stone, Ralph; Fierce, Lisa; Dougall-Sides, Leslie; Morris, William Cc: Kader, Art; Dunbar, Kevin E.; Goudeau, Cyndie Subject: FW: Seminole docks dev. agree. follow up points I wanted to pass on this info from Art who raises some good points to be addressed as we go forward with the developer. Ralph-what is the status with the developer? When do we expect some info from them? Cyndie-I am sending this to you since I wonder if the Urban Park Recovery grant could be used for this project or perhaps the FDEP Land and Water Conservation Grants announced in the most recent Florida League of Cities datagram. The proposal is to improve the Seminole Boat Ramp including improved landscaping, public space, improvements, etc. I would be glad to describe the project in more detail for you and Sara. Thanks for your help. Thank all. -----Original Message----- From: Kader, Art Sent Tuesday, February 05, 2002 9:20 AM To: Tarapani, Cyndi Cc: Dunbar, Kevin E. Subject: FW: Seminole docks dev. agree. follow up points Cyndie, following are my comments based on the limited information I have on this project: 1. City is responsible for the paving of the parking lot and construction of the restrooms at the Seminole Boat Launching facilities. How much and where does the funds come from to accomplish this. 2. Who is responsible to maintain the restroom facilities 7 days a week 365 days a year. If it is the city we will need to identify new funding sources. 3. There needs to be a limit on the amount of landscaping we will install. 4. Who will install the lighting of the Boat Landing, City or outside firm hired by city. How will the cost of the on going maintenance of the lighting system be paid for? 5. Be aware of additional ongoing annual maintenance costs of maintaining the entry way and landscaping. Who is to pay city portion of 50% for landscaping. 6. Impact fees cannot be used for purposes of paragraph 15 therefore no credit available. 7. City costs incurred for the maintenance of the Seminole Boat Landing should be charged to the Marina enterprise funds since they will enter into an agreement with Clearwater Bay to provide operations at this site. Revenues generated from this contract can be used to fund maintenance activities. 8. Cannot figure impact fees at this time with information available. 9. The parkland at the tip of the boat ramp area can be used for any purpose so desired. Parks and Rec. just beautified an ugly area to make it nice for visitors. Should be no restrictions on use for other purposes if needed. If I can provide you with additional information let me know. -Original Message From: Dunbar, Kevin E. Sent: Thursday, January 31, 20021:27 PM To: Kader, Art Subject: RE: Seminole docks dev. agree. follow up points please follow up with Cyndie. Thanks. -----Original Message----- From: Kader, Art Sent: Wednesday, January 30, 2002 9:09 AM To: Dunbar, Kevin E. Subject: RE: Seminole docks dev. agree. follow up points • Kevin, I reviewed the development agreement as best I could but did not recieve any of the attachments or site plan. I would need all of this to get the information that Ralph has requested. Not sure any of the impact fee monies can be used as a credit especially for what they want to use them for i.e. landscaping and signage. Do you want me to get these from Cyndie? Also, not sure if P & R is responsible for any of the costs associated with the other improvements, i.e. restrooms, parking lot improvements, removal of buildings etc. I have the copy of agreement if you want to discuss further. -----Original Message- -- From: Kader, Art Sent: Monday, January 28, 2002 9:07 AM To: Dunbar, Kevin E. Subject: RE: Seminole docks dev. agree. follow up points Just give me a copy when you get it. -Original Message From: Dunbar, Kevin E. Sent: Friday, January 25, 2002 4:35 PM To: Kader, Art Subject: RE: Seminole docks dev. agree. follow up points let us wait and see what she sends over. -----Original Message----- From: Kader, Art Sent: Friday, January 25, 2002 2:05 PM To: Dunbar, Kevin E. Subject: RE: Seminole docks dev. agree. follow up points I can't make comments without knowing what they are proposing and what the plan is. Perhaps if we got more information I could give a little clearer direction. One thing for sure is that we make no provision in the current ordinance for a developer to get credits for open space for other improvements. If the city wants to come more in line with our new code and effort to be flexible then the impact fee ordinances will need to be revised. Do you want me to contact Cyndi??? -Original Message From: Dunbar, Kevin E. Sent: Friday, January 25, 2002 10:26 AM To: Kader, Art Subject: FW: Seminole docks dev. agree. follow up points -? r • you would be more familiar. Do we have comments on any of these? I will forward them to Cyndie & Ralph if we do. -----Original Message---- From: Tarapani, Cyndi Sent: Thursday, January 24, 2002 3:36 PM To: Stone, Ralph; Fierce, Lisa; Morris, William; Quillen, Michael; Dougall-Sides, Leslie; Dunbar, Kevin E. Subject: RE: seminole docks dev. agree. follow up points I have sent this on to Kevin so that he is aware of this proposal. Kevin-I will get you a copy of the proposed development agreement where the developer wants to get open space credit for the improvements that we (city and developer) will jointly make. Thanks for any comments you have. -----Original Message----- From: Stone, Ralph Sent: Tuesday, January 22, 2002 5:21 PM To: Tarapani, Cyndi; Fierce, Lisa; Morris, William; Quillen, Michael; Dougall-Sides, Leslie Subject seminole docks dev. agree. follow up points here are the issues we defines; please review and and let me know by fri. if you have comments; we will then forward the appropriate ones to the developers; thanks 1. city should retain, at a minimum, the existing number of combo boat trailer parking spaces 2. developer should estimate the costs of the proposals and the proposed sharing of the costs 3. city/developer should estimate revenue and proposed sharing of same based on existing rates and on modified, increased rates (bill morris) 4. city to assess the appropriate use of the "AA" property (planning/econ. dev.) 5. city to assess the impacts of real weekend enforcement (bill moms) 6. city to determine how much rec/open space fee is required and what portion of this fee is available to apply to the improvements (planning/parks and rec) 7. city/developer to evaluate options for the relocation of the little theatre (econ dev.) 8. developer to estimate the built out difference in the tax base for the overall project 9. parks to look at and advise on the status of the parkland at the tip of the boat ramp area 0 0 Tarapani, Cyndi From: Stone, Ralph Sent: Tuesday, January 22, 2002 5:21 PM To: Tarapani, Cyndi; Fierce, Lisa; Morris, William; Quillen, Michael; Dougall-Sides, Leslie Subject: seminole docks dev. agree. follow up points here are the issues we defines; please review and and let me know by fri. if you have comments; we will then forward the appropriate ones to the developers; thanks 1. city should retain, at a minimum, the existing number of combo boat trailer parking spaces 2. developer should estimate the costs of the proposals and the proposed sharing of the costs 3. city/developer should estimate revenue and proposed sharing of same based on existing rates and on modified, increased rates (bill moms) 4. city to assess the appropriate use of the "AA" property (planning/econ. dev.) 5. city to assess the impacts of real weekend enforcement (bill morns) 6. city to determine how much rec/open space fee is required and what portion of this fee is available to apply to the improvements (planning/parks and rec) 7. city/developer to evaluate options for the relocation of the little theatre (econ dev.) 8. developer to estimate the built out difference in the tax base for the overall project 9. parks to look at and advise on the status of the parkland at the tip of the boat ramp area i • yi?? f! ??7?e f t r l? t. IPi /OfaL ?/a?r> sec -ar,?a-a -TT JG 7AY-hC`l--, ?i+} ?I r i.tr !A I !?li c ? T 0 r C of -ga -?'oJ2? ?llZ -? l?GU AGENDA Clearwater Bay Marina Redevelopment Project Meeting with City of Clearwater 12/7/01 1. Proposed modification to existing Clearwater Bay Marina Project (a). Creation of overall master plan for marina development, Seminole Boat Docks, and potential future expansions. (b). Increase in residential density from 140 units to approximately 187 units; (c). Increase in residential building height from 100' to approximately 164'; and, (d). Review possibility of adding approximately 24 town homes if additional lands are brought into project. 2. Seminole Boat Docks Improvements (a). Provide for complete landscaping and irrigation plan, consider construction of restroom facilities; (b). Provide additional trailer spaces at the existing AA house and provide parking at area east of Theater property; (c). restripe existing parking areas, around landscape islands and move non- trailer parking spaces to the northern boundary; (d). utilize project park impact fees for improvements; and, (e). shared use of facility during non-peak hours and entry into new operation and maintenance agreement. 3. Negotiation of Developer's Agreement (see draft) 4. Potential for Future Expansions ?\ I I Cf I ~ Q~ t~ `I y (IU Section 9, Township 29 .South,. Range 15 East, City of Clearwater, County of Pinellas, State of Florida I i ' _ 'i IV j i I I I ~AIC~CE 1 ° i ° 0 ° 0 ° 0 25 50 100 I p p 0 0 0 0 0~ 0 0 0 ° 0 0 0 0 a G A~ p a U T ° ~ q ~ P I L ? i 0 O 0 0 0 0 0 0 0 ° 0 p ~I RAMP UP TQa ~2 T b4 04 ~4 : b 4 3Rq LEvEL hOpIUM - ~4 1 ~ i ~ as P01 P00l; ~ Z PNA~ ~ P~ ~ - i ' , a ~ ' a o ~ PNA~ II 1 ° o o ° ° ° o ~o 0 ° o ~ ~ ,i i • o 0 ° o 0 0 0 0 o c o ~ Ij i ° o o o p ° c o i o ~ ~l o ~ p ~ , ° jo A o o ~i MART ~ E it I ~ I 1., 1~D00 ~ 2 STORY T ~ ST I@G1 SF B TROOM f'U II ~ 4 ~NICN01.50N 5~12~~T ~ s ~ T ~ 6~,. ~NCt. t~. DUMPS ° ° ° p ° ° ° ° ° O M 0 0 0 0 p 0 0 0 0 8 0 0 0 o I o o, s. F ~ `r ° p ~ VNF ° ~ ° o 0 sr riorJ ° o .h o kr ~e 33 ° h ~ ~ ~D ARKI LE i TRArIc N pry pc ~ C HF O LAM W ?)4 p ~ rs ~ o . 24 5 S ~ ~ - . a aR- ~ T , EIXISTINC~ SEMINOL~ POCK a ~ T I c r 5 P C AT SACS BO RAMP ` ` NE COR LOT 22 " c5 ~ PNASE II ~j' . ~ 24 DRIVE N ¢ S'LY LINE 6¢. $ , q 4 TOLlNH0Ua~5 ~ ~ ORB 101, PG 274 PHASE I( 9, r. N , _ - - i ~ ~ w q ~ ~ E ~ . Dip ~ ? R EXISTINCrt o ~ ° w 0 1 i a i ~ m N RE51gRyGE ~ Z ' 0 ~ = ~ Wv N \ 28 0 IS q0 SQ ~ GATE A ~6 F S7 S, r 3~ 1 a 40 M ~ ~ ' Z 11 F q 3.9 + .d M05T S LY COR ~ ORB 101, PG 274 ~ ~ v O ry ~ O \L6 ~,ao~ ~ d. ~ ~ S EXI5TI1~., EXISTII~., T ~v ~ ~ me / ~ s 2 , THEATER N1 • ~ THEATER ~ o,, 2 A 2 0 )S, 8 ~ ~ r os~ ? N J m ~ 1 l.~ W 3 F ~r Oaf ~ / POB 2~ 3 3p ~ i q i , { ! , G v Nss X94 ~ d Q 1•w a o ti 4 ro ; ti a 2• ~ I ' 7 a r a ~a , ~ 3 / i a 4s 5 4 SE COR LOT 19 ~ o (PB 1, PG 26) ~ \ LEGAL DESCRIPTION 3 v - A parcel of land being o portion of Section 9, Township 29 South, Range 15 Eost, I F, rFN~, ACES Pinellas County, Florida, being more particularly described o: follows: o. AC =ACRES ~ COMrENCE at the Northeast corner of Lot 22, SUE BARCO SUBD., as recorded in Plat v COR =CORNER Book 1, Page 26 of the Public Records of Pinellas County, Florida; thence ' S16°26'43"W, along the We:t Right-ot-Way of on unnamed street according to said EXT =EXTENSION l1NE TABLE FT =FEET ~TM j ~~M~N04.~ SUE BARCO SUBD. (being the basis of bearings for this description), same also ~ LJNE BEARING LENGTH MOL =MORE OR IESS SP S ° being the East lino of Lots 19, 20, 21 and 22, respectively; said SUE BARCO L ECORDS BOOK L1 S24'00'13"W 30.00' ORB OFFlCIA R _ ~ 1 " DO' ~ SUBD., for 238.24 feet to the Southeast corner af'said Lot 19, SUE BARCO SUBD ; v, thence N65°59'47'W, for IB6,00 feet. to the POINT OF BEGINNING; thence PB PLAT BOOK LL PG =PACE ' l3 Ni6'32'20"E 21.36' S24°00'13"W, for 30.00 feet; thence N71.51'22"W, for 304.51 teat; thence o' POB =POINT OF BEGINNING L4 S63'OB'OB"E 30.00' 00' ( ~I N64°09'Il'W, for 265.91 feet; thence N25°50'49"E, for 90.47 feet to a point of ~ POC =POINT OF COMMENCEMENT ' = 0 THERLY ~ L5 S16'32'20"W 15.91 S LY S U L6 S73'2T4O"E 43 38' 97, ; intersection with the Westerly extension of the Southerly line of that certain ~o~. i / property described"in Official Records Book 101", Page 274 of the Public Records ,~I SQ =SQUARE 38' I of Pinellas County, Florida; thence S63°06'08"E, along said Westerly extension of the Southerly line of that certain property described In Official Records Book 101, Page 274 and the Southerly line of said certain property described in ~ , i , Official Records Book 101, Poge 274, respectively, for 133.00 feet; thence o leaving wid Southerly Ifne of that certain property described in Olticial ~ a Y Records Book 101, Page 274, S25°06'12"W, for 45.37 feet; thence S64°51'48'E, for c: 125.18 test; thence S73°27'40'E, for 113.90 feet; thence N16°32'20'E, for 21.36 0 U O h ' feet to a point of intersection with said Southerly line o1 that cer-fain Y r q property described in Official Records Book 101, Page 274; thence S63°06'08"E, ' ' along :aid Southerly line of that certain property deecribed in Official Records .o:, ' E 0 N 1 Book 101, Page 274, for 30.00 feet to ihe'most Southerly corner of said certain A' " i property described in Official Records Book 101, Page 274; thence S16°32'20'W, 0 N far 15,97 feet; thence S73°27'40'E, for 43.38 feet; thence S62°28'08'E, for 123.71 lest to the POINT OF BEGINNING. O O N r+ Containing 31,706 square feet or 0.728 acres, more or less. 5 SOLELY BASED UPON THE FOLLOWING AND IS SUBJECT TO AN ACCURATE I Error of closure: 0.015 feet WEBI m c Z NOTE: THE GEOMETRY PERTAINING TO THE PARCEL OF LAND BEING DESCRIBED HEREIN (THE DESCRIPTION) I Y AND ASSOCIATES INC•, JOB NUMBER 00-1390, DATED 2/12/2001, LAST REVISED FIELD BOUNDARY SURVEY.: (a) THAT CERTAIN UNTITLED RECORD SURVEY PREPARED BY L.R. PENN , a OF LOT 22 IN ;iUE BARCO SUBDIVISION PREPARED BY ROMPON AND ASSOCIATES, DATED MARCH 31, 1958; a 3/7/2001; (b) THAT CERTAIN SURVEY OF LOTS 19, 20, 21 AND A PORTION i _ THIS IS NOT A SURVEY a; FI IAL RECORDS BOOK 101, PAGE 274 AS RECORDED IN THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; (d) THAT CERTAIN ELECTRONIC FILE PREPARED BY ~ (c) A COPY OF OF C w AND'(e) A COPY OF "SUE BARCO SUBD. AS RECORDED IN PLAT BOOK I, PAGE 26 ~OF THE . DATE SIGNEa iII ~~a.? o Y3 GILLETT ASSOCIATES,.. RECEIVED NOVEMBER 15,.2002 AT 9:40AM NAMED- CBM-AIOl.dwg , PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. o g &IEET IDE%, ° ~ ~ NOT VALID"yl~TNOU'~,1WE, SIGNATURE_ v DRAWN SUBJECT,' SHEET DESCRIPTIONS N L AISEp Sig' O~A FLORIDA by/OLIO a AND jIL ORIGINA 1. LEGAL DESCRIPTION AND SKETCH PROJECT DATA eAeE. LICEN ~IRiiVfiI'11OR'AfiJ ~gAPPER. m CERTIFIED S• A~ DESGRII N''AND SKETCH ¦ FLORIDA DESIGN CONSULTANTSq / m FTMIJEB LEGAL DESCRIPTION FIELD BOOK NUMBER A PAOEE. ENGINEERS, ENVIRONMENTALISTS SURVEYORS 6 PLANNERS c cxED SHEET N; SKETCH o 2639 McCormick Dr. Glearwatar FL, 33759 CLEARWATER BAY MARINA AND, a LCS Tel. (727) 724-8422 - Fax, (727) 724-8606 LAWr DATE DP ORMU. FIELD WDAw a IL ACOANIEL o DUAL" CONTROL ADDITIONS OF DELETIONS TO SURVEY MAPS PROFE R Q4~ ~4NO MAPPER SCALES DUALITY OR REPTS BY OTHER THAN THE SIGNING I.50' V~VJD U 5640 Certificate of Authorization: LB 6707 p NO. DATE CONTR REVISIONS BY E PARTY OR PPjRTIES IS PROHIBITED. S; t, E _0 R FL~ItIDA 0 i DWMD State of Florida a - i 'I i O I ° ~ `\l O HQ E II M~4RINA~ lf0(Dm ~ 2 STORY AU t S S S70RE 10fD S~ PUB 57ROOM 0 O o o ° ° ° ° o o ~`o ° o 0 a o o ° o ° ~ DUMPS7~R ~ ES ~ a o ° ° ° ° ° ° ° Gillett Associates j ARDT GROUP INCORPORATED .Architecture • Planning 0 ~ ~ Sarasota • Miami • London 24 S AC 5 / _ - - - 1543-101 Second Street / Sarasota, Florida 34236 b P C ~ ~ 941-957-4477 I(0 Q S _ 941-957-4151 Fax - - _ dd@gillettardt.com - _ EIXISTINC~ SEMINOLE a 24' DRIVE. PHASE II BOAT RAMP ~ PN,45E I I 4 TOI~INDUS~S ~ SCAN ~E ~N CAE 4 TOUINNOUSE/~ 12 P C 5 SEC CsA7 a ~ SECURI~,~' ~ a~ ,.~r GATE ~ ~ ~~r. ~ ~ ~`'sEd ~ d.. ~ ;U Y ~ f ~ ~ ~k iii Q _ ~ ~ ~ ti a r,~ PHASE II a AA0002317 ; AR00074~BC --xa" ~ EXISTING TI~E~4~ER CLEAR WATER ~oaT Ra r~ ~ BAY ~4TT~ND,4NT BOAT R4MP PARKINCa TOTALS: ~A aQ EXISTINCx: PROPSED: ~\.111 a 123 DOUBLE SPACES 124 DOUBLE SPACES b 35 SINCxLE SPACES 52; 51NGLE SPACES 11p CLEARWATER - \ FLORIDA TNEA7ER PROPERTY: EXISTINCs: PROPSER 48 5 S aQ 9 DOUBLE SPACES 9 pOUBLE SPACES 35 SINCsLE SPACES 3l 51NGLE SPACES ACES 2 SP S ~ THESE DOCUMENT8 ARE INSTRUMENTS OF PROFESSIONAL SERVICE AND MAY NOT BE COPIED OR USED IN ANY FASHION EXCEPT MATH THE PERMISSION OF THE a ARCHITECT AND MAY ONLY BE USED FOR THE REFERENCED PROJECT IN ACCORDANCE WITH FEDERAL COPYRIGHT b LAW. DATE; NOVEMBER 18, 2002 W.~' J_ b p a ~f ; j~~ 1I ~ © Copyright2002 ~ - "1 ~ j SCALE; 1" - 30'-0° G ~ ~ NOV 1 ~ 200 ~ s ~ _ ~ t ~ f ~ ~ ~ r , , .`,UC`~ PROPOSED PARKING FOR h~~ Mrs{,-_ SEMINOLE BOAT RAMP SHEET NUMBER; SCALE: SITE PLAN 4' 0 V w' 24' 32' 40 SCALE: P%20'•0" 07. A I "JIA~N 1111 .6 . ,1 t C yr,r ~r - . L x : iV, WI ~ {..r' ~ F ` q J•., ~ 4 , ,r ' . ' ) 1 i oS~i r.: . , , . ~g • ~ r.ri'..:I . { S 3,. .~r 4' I y e~' ~S t + ,r. t h t• r 1 yI~ T '~i ~ t [ 4 n;k t +y" I ~ ,t~,; ~ ` ~ x~ f ' ; , „ ~ , r a?t~ ; Y ~I~ ¢ i Fa q ~ ,i it R > ; f' 4"" Ynr t',J;1 ' er ( 1~1,~~1~~~ ~r95,8 ' 'hr "..k, s, ate' [ n r'' e~J4I: ~ r ~ ~ a tiu ~f'~f day' ~'C `S°k :i .~v; ~x Pla . s ° p° rs ~ ~ ~t~3 r f ~ `r k,~^ h 4 s v ~ Gillett Associates ~ %a r~ r~ : s•r; • y y aV yg,,,, -~x~c'~10.~~L~0.4e ¢d,' lien ~r a~ M I ~ c. I ARDT GROUP § P Y t a5 ~ ~ e~. ry' n•~ ':i"~ ~ 3;'- ~ o- s, ~q5~'I`~ 'F*'rs~. `'+k°';.{', a . 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LA'W. ar4 ~ ° rif M 7 r 'n r a~,' b .S'.., 'a7 S S. w Y ~ti" rnv r t ~,a 1sPv P+ h < } P S i b 4t zr4~4~fi} 5 y;, y~ f~ r'y e u s!h.:y v bLr.: y' ~J i 5f~:.i n I~':.' t~ r ° ~ ~ ` ~ DATE; NOVEMBER 18, 2002 k`pI a13} I 'F^'''t' n ~I ~ , ,~~+`r'i~~ ~ , ~ @ Copyright 2002 F . ~r~ ~ U :.?~.~Il~ r P A ,t s ¢ 3 ~r~ ~ ~ ~ 'r7~~ ~F~~ 9" ~ p h. ~ v '~'8 1..{N.A~'b"~'j~ j ~ Ft~ ft P r t of ~ e.y t,_ r ~ t r s',` 0 .a. e l r ~'r - u [ U p ~'s~,~,;,~7.~5~~ ~ q,r . ~.~r SCALE. 1 = 30-0 f r ler P, .q",' ',~c ~y`. n" ~ r t ' t~~~~~ ~~',~s~~'~f~ 2~ ~h n " h r ~ } ',fit w I`t~- x SFe1~t} 1 1ttl~z~ t.: A rk ~''r.row :kl': EXISTING PARKING FOR SEMINOLE BOAT RAMP SHELI NUMBER; SCALE: SITE AN 4' 0 V 16' 24' 32' 40' SCALE: P'=20'-0° A 1. 0 8 1