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HERBERT BROWN HARRY ROBERTS -KENNEDY AND ROBERTS ASSOCATES LIMITED .~,. ," .' .4.\/ I I AGREEMENT THIS AGREEMENT ("Agreement") is made on ..3 fJ) ~' 1989 among the CITY OF CLEARWATER, FLORIDA, a municipal corporation ( "Ci ty" ) and HERBERT G. BROWN and HERBERT G. BROWN AND ASSOCIATES, LTD., II, V. JACK KENNEDY and V. JACK KENNEDY ASSOCIATES, LTD., I and HARRY F. ROBERTS and HARRY F. ROBERTS ASSOCIATES, LTD., I I, ( "Owners" ), owners of ISLAND IN THE SUN MOBILE HOME PARK ("Park"). R E C I TAL S: A. Owners are the fee simple owners of ISLAND IN THE SUN MOBILE HOME PARK ("Park"), which Park is located at 100 Hampton Road N., Clearwater, Florida, and is legally described on Exhibit "A" attached hereto and incorporated herein. B. Owners are the fee simple owners of approximately 57 acres of vacant land located north of the Park (the "Property"). The legal description of the Property is attached hereto as Exhibit "B" and is incorporated herein by reference. C. Owners desire to develop the Property as set forth herein and desire that both the Property and the Park be annexed into the City pursuant to the terms set forth herein. D. The City desires to annex the Property and the Park and to restrict the uses of these properties as set forth herein. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. The foregoing recitals are true and cor rect and are incorporated herein by reference. 2. This Agreement shall be valid for five (5) years from the date the last of the parties hereto executed this Agreement ("Execution Date"). If development of the Property is not completed within the duration of this Agreement, the parties will meet and confer relative to an extension thereof. Any extension of this Agreement shall be at the City's discretion. 3. Wi thin thirty (30) days after the Execution Date, the Owners shall file petitions to annex the Property and to amend the land use plan and zoning designations applicable to the Property to permi t the development of sixteen (16) residential (yrI : (1?~:' ) J //A /'<( <~I ! ? "-'.,r /, 'Ie /:,' ,,14.;" _, ,., j i " ,". . < . I I units to the acre, which density calculation will permit transfer of units from the wetlands area located on the Property. 4. The City acknowledges that the Owner may apply for approval of an adult congregate living facility and nursing home on approximately ten (10) acres located in the western portion of the Property. The City Commission has no objection to this proposed use. The proposed use is subject, however, to the specif ic conditions which may be placed on the construction of the adult congregate living facility and the nursing home during the conditional use and site planning processes. Nothing contained in this paragraph shall be construed as relieving Owners from compliance with all procedures and requirements of the City's Land Development Code. 5. No later than three (3) years after the Execution Date, petitions shall be filed to annex the Park and to amend the land use plan and zoning designations relating to the Park to be consistent with its use as a mobile home park. The owner of the Property shall have the right to require the owner of the Park to execute and file any such required petitions. 6. No development permits shall be issued relating to the Property until such time as the peti tion to annex the Park is filed and the sewer plant and sewage disposal site are no longer in use. 7. Should all land use plan amendments required by the Agreement not be approved by the Board of County Commissioners of Pinellas County, then the Property shall be deannexed in accordance with the terms of proposed Ordinance No. 4821-89 , a copy of which is attached as Exhibit "CII and incorporated herein. 8. The City will not object to construction approvals, including any necessary var iances, to allow Owners, at their expense, to construct a breakaway wall or fence on the south side of Drew Street, north of Condon Gardens, which wall or fence shall be acceptable to the City Engineer from the standpoint of safety. It is contemplated that the breakaway wall or fence shall be located where the chain link fence is now located, but the appearance, nature of the breakaway wall or fence and its -2- . , I I location shall be subject to approval by the Clearwater Housing Authority. 9. In accordance wi th existing ordinances, the Park shall pay: (i) water impact fees as connections are made; (ii) full sewer impact fees for new units but the City shall waive sewer impact fees for existing units; (iii) the development impact fees for new units only, if applicable; (iv) the recreation land and facility fee for new and existing units, but the open space land fee requirements shall be waived; (v) transportation impact fees as provided by Pinellas County Ordinance; and (vi) interim proprietary fees as required by City Code. 10. The Property shall comply with all impact requirements of the City and County Codes, as amended from time to time. 11. The open space land requirements of the Property and the recreation land requirements of the Property and Park may be met solely within the boundaries of the Property and, if so, may be met, in part, by the dedication of wetlands on the Property. 12. All building requirements, including without limitation height and setback requirements, shall be governed by the City's Land Development Code. 13. The Park shall be allowed to continue its same method of sanitation collection service as is in place as of the date of this Agreement. 14. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Owners of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. 15. Any notice to be given or to be served upon any party hereto in connection with this Agreement must be in wr i ting, shall be given by certified mail, return receipt requested, and shall be deemed to have been given and received when a letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail; and, if given otherwise than by certified mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Such notices shall be given to the parties as set forth below: -3- .. I I FOR CITY: WITH A COpy TO: Mr. Ron Rabun City Manager City of Clearwater 112 S. Osceola Avenue Clearwater, FL 34616 Ms. Paula Harvey Planning Director City of Clearwater P.O. Box 4748 Clearwater, FL 34618 FOR OWNERS: Herbert G. Brown, 121 N. Osceola Avenue Clearwater, FL 34615 V. Jack Kennedy, 1024 Eldorado Avenue Clearwater, FL 34615 Harry F. Roberts, 200 Palmetto Road Belleair, FL 34616 WITH A COPY TO: Timothy A. Johnson, Jr., Esq. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street P.O. Box 1368 Clearwater, FL 34617-1368 16. This Agreement shall constitute a covenant running with the land for the duration hereof and shall be binding upon both the Ci ty and Owners and persons der i ving ti tle by, through or under said Owners and upon their assigns and successors in title for such duration. The agreements contained herein shall benefit and limit all present and future owners of the Property and the Park and the City for the term hereof. This Agreement shall be recorded in the public records of Pinellas County, Florida. 17. This Agreement constitutes the entire agreement between the parties and no modification shall be made except as in accordance with law. The parties agree there are no outstanding agreements of any kind other than are reflected herein. Except as is otherwise specifically provided herein, the Property shall be subject to the laws, ordinances and regulations of the City as they exist as of the date of this Agreement. 18. Should any other governmental permits or approvals be necessary to effectuate the provisions of this Agreement, the City agrees not to object to the Owner's applications to obtain such permits or approvals. 19. This Agreement shall be recorded and shall be a covenant running with the land and shall be binding on the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. Approved as to form and and correctness: CITY OF CLEARWATER, FLORIDA M. A. Galbraith, City Attorney ~~~ ~tbu~~1- City Manager ~ -4- I ., " 'd~ " ~ 4- PD~ By: ~QJa Goudeau, City Clerk . -Wi1'N'ESSES: d~>n~ _(2-cL,~. ~~C~ ~Jl_~ {2~>n ~ ~~~ J-~~~ (}~?n~ r2e~~. J . ~.. ~&JLA {l~~~ J~CJ~~~ _ ~ :tr--?:::::;~ (6,c, ~ J' ~~~ STATE OF FLORIDA I Date: Garvey, p~l HERBERT G. BROWN AND ASSOCIATES, LTD., II ~ Herbert G. B:r wn General Partner V. JACK KENNEDY ASSOCIATES, LTD., I ~ HARRY F. ROBERTS ASSOCIATES, LTD., II Date: 0/3//YC; I COUNTY OF PINELLAS The for going instrument was acknowledged before me this e day of , 1989, by RITA GARVEY, and CYNTHIA GOUDEAU, as Mayor d ity Clerk, respectively of CITY OF CLEARWATER, FLORIDA, a municipal corporation, on behalf of said cor~~~ation. W:~IJl. ~. Notary ublic My commission expires: .' (,"'~e c1 ':'l:Jnia 11"'. '. ~, tarv \'lubll(, - .". "\ 10 \993 r ,,0 " h tiCS A\lrl . I lAY tommlSSIOR Ilfoin. In,Ulance InGJ""",o.' . "~Doed lhl.U l'oY ~...,. -5- , . , .' I I STATE OF FLORIDA COUNTY OF PINELLAS T~Orego' g instrument was acknowledged before me this~~ day 0 , 1989, by HERBERT G. BROWN, individually and as Genera Par ner of HERBERT G. BROWN AND ASSOCIATES, LTD., II, a Florida general partnership, on behalf of said partnership.- '- e~~~-_ _:-. Notary Public! .:-:'f ;.".,,.,...~:.~~-~........,.~, My commission e STATE OF FLORIDA l>:"'~-. ,~:/~ ,;..:,,~,.....~.,,~~;~~~,c.."'r;fyJ.'W'1l:1''''''';';''':'''~1'_':'''''c.,'~'':''J.~~~';' COUNTY OF PINELLAS The day of General general instrument was acknowledged before me this~~ , 1989, by V. JACK KENNEDY, individually and as er of V. JACK KENNEDY ASSOCIATES, LTD., I, a Florida nership, on behalf of said partnership. /) ~ .... ~ >n~~..-.~~' Notary Public",.;,","d_."-'--~- . ..; . ,\ \1'~t.: ..I~~~;ti"~ J' My comml.SSl.on .r~'..... {. . =~.ateo.1 f f\~;i~lg.lS'JO . . ,TtJ My CornnL E.P~~"..., /;~,;:~r'.sr:.u;~ STATE OF FLORIDA .-,.-,,-...--..--' ,. ..,...t_....-.........---.'... .,,- COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this~ day Of7~ ,1989, by HARRY F. ROBERTS, individually and as General P tner of HARRY F. ROBERTS ASSOCIATES, LTD., II, a Florida general partnership, on beh~~~~ Notary Public . r .-. '>'-" '-;_"""""""'''''-;~' _ .."'.-..,p",o".-._...._ ..,.,_ ,:"._ My commission e~~~~$.+c~'''''.;;;~;:T...~~>''' uJ'"',tt."' ,).;':1 (,.,~\':'::;l',',J "F(~""~'.'~1i fl ~;':' ):~/:i~. '~j~ "-~;'i~.~~._l~_.~: r-:'~',~~,:,f:'i,~.... d ~ ',-','.,,- ~ ....._._U.:::;"lil (1\"":'::'1 11 1..!'j_i;.~:yCO':,;i,.'< r;; ;~i;.' .... ;:2~~B 051989 d-8 911\TAJ\29372ASAGl 88070 2 ( MME ) -6- .... I I EXHIBIT "A" LEGAL DESCRIPTION ISLAND IN THE SUN NOBILE HOME PARK PHASE I AND II 100 HAMPTON ROAD CLEARWATR, FLORIDA 34619 FROM THE NORTH 1/4 CORNER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA GO 3300.00 FEET N 890 41' 0'3" E FOR THE PO I NT OF BEG I NN I NG: THENCE CONT I NLJE N 890 41' 0'3" E 1366. 4'3 FEET . THENCE GO 1302.14 FEET S 000 08' 16" J.aJ, THENCE GO B5B.48 FEET N 8'30 ~:;7' 26" W, THENCE GO 25.00 FEET S 000 02' 34" t..<J, THENCE GO 497.00 FEET N 8'30 57' 26" \.>J, TI-U'::NCE GO 1333.46 FEET N 000 ~7~0' 13" ~'J TO THE POINT OF BEGINNING LESS THE NORTHERLY 50 FEET FOR RIGHT-Or-WAY OF DREW STREET. CONTAINS 39.50 ACRES, M.O.L. 87.015/PW ..< I I EXHIBIT "B" LEGAL DESCRIPTION That part of Section 8, Township 29 South, Range 16 East, pinellas County, Florida, described as follows: Commence at the Southwest corner of the Southeast 1/4 of said Section 8, and run thence S890 41' 09" E 487.74 feet (487.66 feet measured) along the South boundary of Section 8; thence NOl027'18"E 50.01 feet to the North right of way of Drew Street for the Point of Beginning; thence continue NOl027'18"E 1288.16 feet to the 40 acre line; thence S89036'09"E 2234.09,feet along the 40 acre line also being the South boundary of "Br.lgadoon o( Clearwa ter and its extension thereof, according to the map or plat thereof as recorded in Plat Book 91, Page 35 of the Public Records of Pine lIas County, Flor ida; thence SOoo14' 31 "w 667.85 feet along a line 50 feet West and parallel to the East boundary of said Section 8, said line also being the West right of way of County Road 61 (Bayview Boulevard); thence N890 38' 39"W 688.51 feet along a 10 acre line; thence SOo052'25"W 617.85 feet; thence N89041'09"W 1566.03 feet along a line 50 feet North and parallel to the South boundary of said Section 8, said line also being the North right of way of Drew Street to the Point of Beginning. Containing 2,463,908.1859 sq. feet or 56.5635 acres m.o.l. ~ 911/JES/29372MEEl 880702 ..,-" I I ORDINANCE NO. 4821-89 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REDEFINING THE BOUNDARIES OF THE CITY IN ORDER TO EXCLUDE THEREFROM CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF DREW STREET, IMMEDIATELY EAST OF EISENHOWER ELEMENTARY SCHOOL, PINELLAS COUNTY, FLORIDA, UPON A FINDING THAT THE PROPERTY DOES NOT MEET THE CRITERIA OF SECTION 171.043, FLORIDA STATUTES, FOR FAILURE TO APPROVE THE PROPOSED AMENDMENT TO THE COUNTYWIDE LAND USE PLAN UPON WHICH ANNEXATION WAS PREDICATED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, Florida, has received a petition from the owner of the real property described herein requesting the City to exclude the real property described herein from the corporate limits of the City; and WHEREAS, the annexat i on of the property descr i bed here i n by Ord i nance 4761-88 was predicated upon the expectation that the proposed amendment to the Countywide Land Use Plan for Pinellas County would be approved in due course, so that the property may be "developed for urban purposes" within the meaning of Section 171.043, Florida Statutes; and WHEREAS, the nonapproval of the proposed amendment to the Countywide Land Use Plan will mean that the property will remain undeveloped for an indefinite length of time, and therefore the property will fail to meet the criteria of Section 171.043, Florida Statutes; and WHEREAS, all applicable requirements of Florida law have been complied with in connection with this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to Section 171.051, Florida Statutes, the following described property is hereby excluded from the corporate limits of the City of Clearwater, Florida, and the boundary lines of the City are redefined to exclude the fo 11 owi ng: See Exhibit A attached hereto. Section 2. The City Engineer, the City Clerk and the Planning Director are directed to show the revised boundary of the City, following the exclusion of the property described herein, upon the official maps and records of the City. Section 3. This ordinance shall take effect December 31,1989, if the proposed amendment to the Countywide Land Use Plan for Pinellas County relating to the property described herein has not been finally approved on or before that date; otherwise, this ordinance shall not take effect. Not earlier than the effective date, but not later than 30 days after the effective date, the City 1 EXHIBIT C .. ;,. I I Clerk shall file one certified copy with the Clerk of the Circuit Court of Pinellas County, Florida, and shall file another certified copy with the Florida Department of State. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attest: /s/ Cynthia E. Goudeau Cynthia E. Goudeau City Clerk Approved as to form and correctness: M. A. Galbraith, Jr. City Attorney June 1, 1989 June 15, 1989 /s/ Rita Garvey Rita Garvey Mayor-Commissioner 2 ., .., ~- ~. ,.,.. . 4 I I That part of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, described as follows: Commence at the Southwest corner of the Southeast 1/4 of said Section 8, and run thence S 89041'09" E, 487.74 feet (487.66 feet measured) along the South boundary of Section 8; thence N 01027'18" E, 50.01 feet to the North right-of-way of Drew Street for the POINT OF BEGINNING; thence continue N 01027'18" E, 1288.16 feet to the 40 acre line; thence S 89036'09" E, 2234.09 feet along the 40 acre line also being the South boundary of Brigadoon of Clearwater and its extension thereof, according to the map or plat thereof as recorded in Plat Book 91, Page 35, of the public records of Pinellas COlmty, Florida; thence S 00<;'4'31" W, 667.85 feet along a line 50 feet West and parallel to the East boundary of said Section 8, said line also being the West right-of-way of County Road 61 (Bayview Boulevard); thence N 89~8'39" W, 688.51 feet along a 10 acre line; thence S 00OS2'25" W, 617.85 feet; thence N 89041'09" W, 1566.03 feet along a line 50 feet North and parallel to the South boundary of said Section 8, said line also being the North right-of-way of Drew Street to the POINT OF BEGINNING, together with the abutting right-of-way of Drew Street and that portion of the abutting right-of-way of Bayview A venue lying in the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East. 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':.,..... ...; DReW ST. \ .; \ ' R 0 b 8 I I . i " \ 0 , S.1NOl ~wCOo OF, :-~ I i CONOO~~ ~ ."'.;::.:: 01 J II 1"\ 1 I, I , I II I, 1---- OWNER APPLICANT B ROW ~ I PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and A sa - 3q ZONING LUP 68- "3{ c- \! r'- C K. t:. )J l'J E'"D Y ~ ROB E ~ "T 5 LAND USE PLAN ZONING PROPERTY 0 ES C.R I PTI 0 H C-:-.~ M~B./S l...{~-o l ~ Ll4-ot c r- '0 RIG H T P [).. l2..-;- DRew 5"6.5~ ':'CRES OF WAY ~................................~ 8AyV\E..\...0 AV ~ ("T "3 . ') 8 ~ eRE S ,. ~ u FROM LoW D~N S 1'Ty' R E"S \ t> E.. N\ t A. L.- C OU!'-;TY RY ~ TO MeDIUM 'DE.t-JC;\'T'-! RES1Dt:\.,J'"T \~L RM L: (', '-' ;:>L.ANNING anC :Of-O\f-OG SOAR:; CITY COMM1SSIOM 5:0::,1(:1-0 r-., ~. '- :::> ~C"""'~SHIC:' .:.....y s F: t.. r--. G:o J-."7~J....S ;'/"'G::, t="\Gtt( AE.::"'~ J-t,\..- c;;..... '--' r c. S,C-.;: if' C (' !"",::