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DVA2013-11001_ I 2165 GULF TO BAY BLVD Planning & Development Department DVA2013-11001 evelopment Agreement Application 1 Nickel Plate Zoning: Commercial Atlas #: 298B MPLETE AND CORRECT INFORMATION. ANY MISLEADiNG, DECEPTIVE, .IDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $1,500 PROPERTY OWNER (PER DEED): Nickel Plate Properties, Inc. MAILING ADDRESS: P.O. Box 891; Safety Harbor, FL., 34695-0891 PHONE NUMBER: 813-579-2014 EMAIL: aingersoll@npprop.com AGENT OR REPRESENTATIVE: RS Clearwater LLC c/o Redstone Construction, Inc. Attn: Peter Flint MAIIING ADDRE55: 1501 W. Cleveland Street, Suite 200, Tampa, FL., 33606 PHONE NUMBER: 813-254-6200 EMAIL: PflintCa�redstoneinvestments.com ADDRESS OF SUBJECT PROPERTY: 2165 Gulf to Bay Boulevard, Clearwater, FL. PARCEL NUMBER(5): 13-29-15-00000-410-0130 and 13-29-15-00000-410-0300 LEGAL DESCRIPTION: Lot 3; Lakeside at Clearwater, As Recorded in Plat Book 138, Page 70 Lot 4; Lakeside at Clearwater, As Recorded in Plat Book 138, Page 70 PROPOSED USE(S): Vehicle service (tire center}; convenience with gas, coffee, retaii and restaurant DESCRIPTION OF REQUEST: Request approval of vehicle service - maior for a tire store on the northwest parcel (lot 3) and Specifically identi}y the request approval of changes in square footages of certain uses, change in overall square footage (include all requested code flexibility; e.g., reduction in required number of parking spaces, height setbacks, lot size, lot width, specific use, etc.): consistent with Development Agreement dated 3/25/2010 and modification of Development Order dated 7/19/2011 of said uses and square footages. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 5 06/73 o � Planning & Development Department �� earwater General Develo mentA reementA licati p g pp on � Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site) C ROR Vacant PROPOSED USE (new use, if any; plus existing, if to remain): CommerCial SITE AREA: 506,892 sq. ft. 11.637 acres GROSS FLOOR AREA (total square footage of all buildings): Existing: � sq. ft. Proposed: 64,333 sq. ft. Maximum Allowable: 59,159" sq. ft. " Per D.O dated 7/19/11. Per D.A dated 3/25/10, commercial property is limited to no more than 90,OOOsf of retail and restaurant GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses�: First use: 6,622 sq. ft. Fourth use: (Retail) 6,720 sq. ft. Second use: 5,559 sq. ft. Fifth use: (Restaurant) 4,370 sq. ft. Third use: 1,860 sq. ft. Sixth use: (Retail) 39,202 sq. ft. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: 0 Overall Commercial Redstone Outparcels Proposed: 12.69% 64,333/506,892 25,131/247,439 = 10.16% Maximum Allowable: 11.67% " 59,159/506,892 per D.O 19,159/247,499 = 7.74% 17.76% " 90,000/506,892 per D.A BUILDING COVERAGE/FOOTPRINT (15t floor square footage of all buildings): Existing: 0 sq. ft. ( 0 % of site) Proposed: 64,333 Sq, ft, ( 12.69 % of site) Entire Commercial Area Maximum Permitted: 59,159 Sq. ft. � 11.67 %of site) 90,000 17.76% of site GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: N�A sq. ft. ( N/A % of site) Pro osed: 84,146 o Entire Commercial Area p sq. ft. ( 29.7 /o of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: � sq. ft. ( 0 Proposed: 283,692 sq.ft. ( 55.97 % of site) Entire Commercial Area % of site) Planning & Development Department, 100 S. Myrtie Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 06/13 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: � Proposed: 74.27% Maximum Permitted: 85% DENSITY (units, rooms or beds per acre) Existing: N/A Proposed: N/A Maximum Permitted: N/A OfF-STREET PARKING: Existing: � Proposed: 400 Minimum Required: 364 BUILDING HEIGHT: Existing: N/A Proposed: 35' Maximum Permitted: 35' Nore: A parking demand study must be provided In conjunction with any request to reduce the amount of required off-street parking spaces. Please see the adopted Parking Demand Study Guidelines for further information. WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 3,000,000.00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: C South: MDR East: C West: C STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this �o� day of representations made in this application are true and accurate to the best of my knowledge and authorize /J `� �L'^�'RE A� , �/ . to me and/or by City representatives to visit and photograph the /`/.�✓d.f c �� /n�l'r� �E'�.S O!� o is personally know has property described in th� application. produced as identification. Signature of pr�ertyi6wner or Notary public, My commission expires: a,:;`: r,t�l;;+tdiu�l0tjf # DD965551 tz'�_RYR�� ei�ruary 24. 2014 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 5 06/13 o � Planning & Development Department � C earwater General Develo mentA reementA lication p g pp � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS: ❑ A proposed development agreement which shali contain, at a minimum, the following information: ❑ A legal description of the land subject to the development agreement. ❑ The names of all persons having legal or equitable ownership of the land. ❑ The duration of the development agreement, which shall not exceed twenty (20) years. ❑ The development uses proposed for the land, including population densities, building intensities and building height. ❑ 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% 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. ❑ A description of any reservation or dedication of land for public purposes. ❑ A description of all local development approvals approved or needed to be approved for the development. ❑ A finding that the development proposal 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, Community Development Code, have been satisfied. ❑ A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council 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. ❑ 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. ❑ The development agreement may provide, in the discretion of the City Council, 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. ❑ 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 are specifically anticipated in the development agreement. ❑ A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. ❑ The site plan, landscape plan, architectural elevations, and floor plans (as applicable) that are associated with the corresponding Minimum Standard Deve�opment, Flexible Standard Development or Flexible Development application approval attached as exhibits to the Development Agreement. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 5 06113 LL ° C earwater Planning & Development Department General Development Agreement Application � Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed — PRINT full names: Nickel Plate Properties, Inc. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Lot 3 and Lot 4; Lakeside at Clearwater, As recorded in Plat Book 138, Page 70 3. That this property constitutes the property for which a request for (describe request): Amendment to Development Agreement 4. That the undersigned (has/have) appointed and (does/do) appoint: RS Clearwater LLC c/o Redstone Construction, Inc. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (I/we), t u ersi d authorit hereby certify that the foregoing is true and correct. Pr perty Own r Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS /� DAY OF �/ �/ � 1/F� .�f-�' , ��/ j , PERSONALLY APPEARED /✓/� �� /—�'..SD L L WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THA H�F SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. Netary 5saliStamp �l Notary Public Signature My Commission Expires: �>c�:��:� =A�fu�ry za. zoy:� 398-015:: =tc Pianning 8� Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562- Page 5 of 5 06/13 EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION Nickel Plate Properties, Inc. 2165 Gulf-to-Bay Boulevard The Applicant requests an amendment to sections 4.1 and 4.2 of the Development Agreement to provide for a new matrix of uses and permissible parking ratios. The Applicant proposes to reduce the allowable office square feet by 4,200 sq. ft. and instead construct 6,622 sq. ft. of vehicle service, major, and 6,720 s.f. of retail not including the Wal-Mart store of 39,202 sq.ft. currently under construction. Based upon this proposed second amendment, the maximum development potential will continue to be less than the permitted intensity in the ROR �and use category. Section B.2 Development Agreement Supplemental Submittal Requirements: ■ Statement of the requested duration of the development agreement, which shall not exceed ten years. The proposed second amendment to development agreement does not modify the proposed duration of the development agreement. ■ Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater utilities and solid waste as stated in the development agreement. Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The proposed second amendment modifies the previously approved uses on the Property and adds vehicle service/major to the approved uses. Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. There is no proposed modification to the zoning districts. Parcel1: Commercial (C) zoning and a land use category of Residential/Office/Retail (R/O/R). Parcel2: Medium Density Residential (MDR) zoning and a land use category of Residential Medium (RM). ■ Zoning and land use categories of all adjoining properties. Zonin Land Use North (across Gulf-to- Commercial (C) Commercial General Bay) East (across Belcher) Commercial (C) Commercial General At the NE Office (0) Residential/Office corner of General Belcher and Druid South (across Low Medium Residential Urban Druid Road) Density Residential (LMDR) West (fronting on Commercial (C) Commercial General Gulf-to-Bay) Adjoining Low Medium Residential Urban southerly 2/3rds Density of property Residential (LMDR) ■ Complete names and addresses of all owners of 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. See list attached hereto as Exhibit "C." 4953262_1 2 4958442v1 HILE.IAR�� RAYMC3ND L ADANlS-tiILLIAR�, AUflFtEY J 't624 FtAGSTONE CT CLEARWA'fER FL 33756-d525 GREGS{1N �NT£RPftl&ES LLC �o aax r�ss CLEARWATER FL 33i5&7i68 txn�b�t c; List of Property Owners li1LLIRRD, RAYhADND L A17AMS-i-fILLiARI], i�1UDR�Y J i6Z4 �LAGSTONE Ci CL�Af2WA7�R FL 33756-4525 RRMDS. MARY 2Q81 S �RUE� GIR CLEAIZWA7'FR FL 3378�4-63DJ MORRGIAHNIS, PAULE7TE REVOCAB�.E TRUST FUOCO, ANTHDNY Jfi MORAG�ANl+il5, PAIilET7E TRF FUOCO. CARit�� 1. 5178 MAIN 3T 2126 CAMPU8 Q�t SiCQKtE !L 60077-21D2 CLEAftWATER �L 33784=4808 GAIN. PAUI. JR CAIN, DORQTNY E 2Q87 DRUkD RD E CLEARWATER Fi. 33784-63fl3 ROSSI, ANTHONY ,] RQS61, ffATNLEEN E xTSe cw��us as� CLEARWATER �L 3378A•480B BOV4�N, PAUi K BOWEN, SHIRL�V J 2083 Dii41tD PAi2K QR N CL,FARWA'fER �1.33764631Z G08$. GLENN P 2052 N DF2UiQ C1R CLEARWATER FL 337$4-6308 BRDAD,A�AM BRDAQ. JENI�tIFEFt 538 BAMBOD LN GL�ARWATEf! FL 33764-f305 RUSSELl, JOHN C BR�WP�E, RFfQENlX K M 533 BAIN8Q0 I.N CLEAl2WA'F'�R FL 33784-83�4 SCHOFFSTALL. JAM�S M 8I?31NQ�DL�Y R17 GLEARWAiER FL 33784�837 CAMPLlS TRU37 CLiM�+lENGS, t7�Ai+[ C'!RE 2048 SllN DOWN DR CLEARINAT�li FL 33T6�Z165 MYR'i�7A, SHPEi+IQt MYR7'EZA, ARGJEN[KA 3$ BELLAIFi AVE FAIR EAW�1 Nd 87a#0 V4EAI/�R. DAV[D H 2086 DRUID CIR N CLEARWA'iER FL 337648306 CAE�LLQ, CA7ER1lMA 2078 QRLtID PAftK DR N CLEAitWATE�t Fl. 33784-6312 CA#iUSLE MOTORS ATfN: CANiROLLER 2d86 GULF TO �AY BL1lD CLEARWATER Fl. 337fi5-3711 LUCiM10. ANGELA LUC1Al�10. MEGHAEI. 2079 N DRtiip Clfi CLEQRWRTER FL 33?64-$32d JOHNSflN. CH7RIS J 2�77 S []RUiD C!R CL�ARWATER FL 33764�3Ui T �f R FLORIDA LLC CIO RF.iUS GR�UP 21001 N iA7'UM BLV� 3TE 1630•630 PHD�NI?C AZ 85060�d206 F1�LKOWSKI, LO�JIS� 2786 CAMPUS f]R CLEARWATER FL 337B4-d808 P4N�LLAS COUNTY ATTN: ENt31NEERIHG RlW 315 CdUR'� 5T CL�ARWAiER FL 33758-5185 AMSOi!'1'i�l BANK �'C.CyRIbA ATTN REGI�NS B/1ldK 250 RNE#tCHASE PKWY SUlTE B4q BIRMiNGHAM AL 35244-1832 DEAN,JOE�JR 2D87 DRlE10 PARK DR N CEEARWATER PL 33784�6312 CtARK, 3C4iT 7'RUST CIARK, SCQ1T W 7RE 13714 ViA RdMA C!R CLERM�17 FL 347i 1-53UCi PaRES, E{,�ANOR A 53Q BAMRt�Q l.iV CIF..ARWATER FL 337G4-6305 YfERiiMAW�V, BET7Y K�RN. RICHARD Vv. KE�I�Y. SUSAN M 528 BAMBOO !N BISHOP. CARliIE L JUUS, Fi.URENCE E EST CLEARWA7ER FL 337648305 2486 DRUiD PARK DR N 537 gqNiBpp W�t CtEARWATER FL 33784-B312 Ct.EARWATER FL 33764�30�i pAPADOPOULOS, dEMEfRE ZECEVEC, f.IdG1NA JA�XHt, AAILTJA�H 20�5 8 DRUfQ CER 1821 A�.BRiGHT F�t JA7XHl. bOIVtKA CLEARWAiER FL 33764-8307 GLFARWATER FE. 33765-14�i2 2087 N DRUID GIR CL�ARWATER PL 33764-6324 GYL�E, EDWAFtD A SR EST 529 BWfABOQ LN CLEARWATER FL 337B483U4 LEGHNEEt, Th�tt7iNAS P LECMN�R� JENI��FER E. 1837 BEVERLY CE1Z N CLEARWAT�it PL 3378d-�4823 U SA FEE] NA7L MTG ASSN 95U E PACES FERRY Rp STE 19p0 Ai'LAN7A GA 30328-1384 JAMES, DEBRA J Z404 E DRUED RD CLEARWATER Fi.33784-83i8 SHEEHAiV, RDBERT J SNEEHAN, LORI � 1Z24 BLfICK BUSW DR TARt�ON SPi2tNGS FL 34889-6238 GQOCI-E, BEtANb1E GQOC1i. AAICHAEL L 207$ N bRUID C1R CLEARWA7'�R FR 35784-83QB PlNEU.AS CQUNTY ATi'!�1 R�AL, ESTATE 3#5 COURT 5T CLEAfiWAT�R FL 33758-b185 WAL•MART STORES EAST LP 2041 SE 10TH 5T B�fV'fOMIILLE AR 72712�489 ELLtS CO LT� PQ 80X '1879 FARPDI�► SPRtNG$ FL 34888-4878 BRO'fT, JU�IE E 2'!5Q CRMP[!5 �R CLE�+IiiWATER FI. &37fi4-4806 HORVATli, BARBARA A 2142 CAMPEIS DR CL.�ARWA�ER FL 33T64-48U6 PATRICK, Jlil]ifH A PATRICK. TERRY J 3888 LA CO$TA !.N u��ro � �»�-z�az P�SNAK, WkLLIAM J POSNAK, VERONICA 5 21'E8 CAbARUS pR CLEARWATER FL 33764�4806 SCI fUNERAL SERV Fl.A iNC CJO SERVlC� CQRP & SUBSIDfAR1ES PROR�RTY TAK 9"ri�l �LpOR P D BUX 13a5�48 HClUS'f'ON'!X 7T2'16�0548 c�w.�s� n�o�roas ATTN: CUM7R0l.LER 2065 t3ULF TO B�AY BLVD CL�AFtWAT�R Fi. 33765-371 i NEiCKEL PLA"i'E PRflPERT[E5 #NC Pp BpX F191 SAFETY HAitBOR �! 34695-0891 �r.us co E� F�O 80X 1879 7ARPaN SPRlNGS FL348$8-i879 SfNGH, CARMEN 804 S BEi.CHER RD CLEARWA7Ei2 FL 33J64�S848 GRE�N, JOHN R B�AbEN, NANCY J �'k82 CAMpU9 DR CLEARWA7ER FL 33784-�4808 KEMPE, B�ItT1L H KEMP�, El-1NICE W 80Q MAND�IRiN aR c�.�►�wa-r�� sa7sa-�e�� KOEiTOlI�ARE3. CONBTANFIt�tE KdEITdUFARt$, SpP#fIA �174 CAMPUS DR Ci.EARWATER FL 337$4-4806 OINUCCI, GINO QINIiCCi, JORN 2481 DRUtD RD E CL�ARWRT�R Fi. 33764•6311 NECKEL PLAI'E PROPERTIE$ Ei�fG 1414 W SWAMN ANE 5TE 15� TAMRA Fi 33606-2583 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is dated 2013, and entered into among NICKEL PLATE PROPERTIES, INC., a Florida corporation ("Developer"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, on March 25, 2010, the Developer and Lakeside Enterprises, LLC, a Florida limited liability company, and the City entered into that certain Development Agreement recorded in Official Record Book 16874, Page 2344, in the Public Records of Pinellas County, Florida, and that First Amendment to the Development Agreement recorded in Official Record Book 17415, Page 2309 on November 23, 2011 (collectively, "Development Agreement") which Development Ageement is hereby incorporated by reference; and WHEREAS, Lakeside Enterprises has subsequently transferred its interest to a third party who is unaffected by this Second Amendment; and WHEREAS, the City previously granted a rezoning of the Parcel 1 property (as defined in the Development Agreement) to Commercial ("C") and a land use plan amendment to Residential Office Retail ("ROR"); and WHEREAS, the Community Development Board ("CDB") approved the Parcel 1 Plan as FLD2009-12046 on February 16, 2010 and the Amended Parcel 1 Plan (Case No. FLD2011-04018) on July 19, 2011 (the "Amended Parcel 1 Plan"), conditioned upon the approval and execution of the Development Agreement by the City Council; and WHEREAS, the Developer desires to amend certain provisions in the Development Agreement as stated herein, consistent with a request to modify the Amended Parcel 1 Plan; WHEREAS, the CDB approved the amendment to the Amended Parcel 1 Plan at a duly called and advertised meeting on , and the City Council approved this Second Amendment at a duly called and advertised meeting on and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Second Amendment and has authorized certain individuals to execute this Second Amendment on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Amendment of Parcel 1 Plan. The City Council hereby approves the amendment to the Parcel Plan 1 to reflect the Second Amended Parcel 1 Plan attached hereto as Exhibit "B" and incorporated herein by reference. All references in the Development Agreement to the Parcel 1 Plan shall be amended to refer to the Second Amended Parcel 1 Plan. SECTION 4. Section 4.1 of the Development Agreement shall be amended to read: "4.1 The Project shall consist of no more than 90,000 square feet of retail, restaurant, and vehicle service (major) development on Parcel 1 as generally depicted on the Parcel 1 Plan and no more than 243 multi-family residential units on Parcel2 as generally depicted on the Parcel2 Plan." SECTION 5. Section 4.2 of the Development Agreement shall be amended to read: "4.2 Section 4.2 of the Development Agreement is hereby amended to include on Parcel 1 to: 1.5 parking spaces per 1,000 square feet for vehicle service (major) (1.5/1,000), 5 parking spaces per 1,000 square feet for retail development (5/1,000), 5 spaces per 1,000 square feet for automobile service station development (5/1,000) and 15 parking spaces per 1,000 square feet for restaurant development (15/1,000). Nothing in this Agreement shall prevent the parties from agreeing to "cross-parking" among the outparcels. 2 SECTION 6. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall retain in full force and effect and are reaffirmed by the parties hereto. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: NICKEL PLATE PROPERTIES, INC., a Florida corporation By: Printed Name: Andrew B. Ingersoll President Printed Name: Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA I� William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this_day of , 2010, by Andrew B. Ingersoll, as President of NICKEL PLATE PROPERTIES, INC., a 3 Florida corporation, on behalf of the corporation. He is _ personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2010, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Notary Public Print Name: Exhibit A Legal Description Exhibit B Second Amended Parcel 1 Plan 0 EXHIBIT A Legal Description Lot 3: Lakeside at Clearwater, As Recorded in Plat Book 138, Page 70 and Lot 4: Lakeside at Clearwater, As Recorded in Plat Book 138, Page 70 EXHIBIT B Second Amended Parcel 1 Plan C (� � N i � � � � � C N � Q � � X w GULF TO BAY BOULEVARD (SR 60) �re.°o r�� = w �� mr 1 J � R o � �C � � � � —�S. rix[ s (�� 9' ` [ • • � I �: . e �W�LOING 15 _I .. . __ � na rw � ° SECTION 2 e � � � �.e� � �...mw 'O 'o � } ?i� ^ � � �� . � ..._._. -::' r� .,. ♦ e ... ^� � , �� ^ �� : � I . ry ._ ' � �..�_�a_ i m ::�. i "n � ° i _ � � i m euxaric u o o m � �� SECTION4 •�, � i I :•• •°• ��.r�.� � � '�saaaaa�aaaa.Y� � � �aa.ic ..re. �� .��.�`p cNC �� a � II , � I :. V� �V■ �� a I � , ��uo��uw�uou�� = � O p� � •" � �I � � � � � I I �F��DING10 l�f I- jI�f�I � O 7� I I naaass LL �I'I � O ■ U II � � � � secna+ s � I � NOT INCLUDED IN '� � I �" ! 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