12/9/1998
12/9/1998
1712 Rainbow Dr
Rainbow Commercial Center
JAMES MARCUS VERNON
Attorney at Law
577 South Duncan Avenue
Clearwater, FL 33756
Reply to
POBox 6474
Oearwater, FL 33756
TeLNo. (727) 447-4444
Fas No (727) 446-6213
~December 9, 1998
Ms Sandra Glatthorn
Plannmg Admmlstrator
100 So Myrtle Avenue
2nd Floor
Clearwater, Flonda 33756
Re Rambow Onve/Golda Mler Foundation
Dear Sandy,
Attached are 12 plats as requested by your staff
anticipation of our meetmg on December 17, 1998
forward to seemg you then
These were gomg to be dlstnbuted m
Thanks for all your help and I wtll look
;;~L
J Marcus Vernon
Signed m his absence to expedite matters
JMV IIh
Enc
~
'"
,
DEVELOPMENT AGREEMENT
TIDS AGREEMENT IS entered mto trus day of ,199 , between the
CITY OF CLEARWATER FLORIDA, a mumclpal corporatIon orgaruzed and eXlstmg under the
laws of the State of Florida, hereinafterreferred to as the "City", P O. Box 4748, Clearwater,
Flonda 33758-4748, and THE GOLDA MEIR FOUNDATION, fNC, hereinafter referred to as
the "Foundation", 3263 Hyde Park Drive, Clearwater, Florida 33761
RECITALS:
A. FoundatIon IS the fee simple owners ofa certain tract of land, located on Rainbow
Drive ill the City of Clearwater and containmg certain building improvements, descnbed on the
attached exlubIt "A". The entire tract is further described as three separate parcels m exhibIt "B"
attached hereto and mcorporated herein by reference and shall hereinafter be collectively referred
to as the "Property".
B. The Foundation desires to subdIvide the three tracts and have them accepted by the
City of Clearwater as individual confonning platted lots. The parties mutually desrre to
consummate a development agreement pursuant to the below-referenced authonty, such that the
Foundation can subdIvide the Property and such that the CIty can be assured that certain site,
building and other IDlprovements will be completed pursuant to Part II herein, and to proVIde
terms and conditIons governing such actions, and
C CIty is empowered pursuant to Florida Statues Sections 1633220 through 163.3243
of the Flonda Statutes, and the City Code of Ordinances Sections 36 111 through 36. 126, to
enter into development agreements With the owners of real property, and
WHEREFORE, in consideration of the mutual promises and undertakings contained
herem, the receIpt and suffiCIency of which are hereby acknowledged, the parties agree as follows
PART I: MUTUALLY BINDING GENERAL PROVISIONS
1. Recitation of Facts and Mutual Commitments. The above reCitations are true and
correct and are mcorporated herein by this reference.
2 Legal Description and Ownersrup. The Property to whIch this Agreement applies is
legally descnbed m exhibit "A", which is incorporated herein by reference Foundation is the
owner of the Property.
3. Captions. Captions used herem are for the convenience of the parties and are not to be
mterpreted to have any specific meaning.
4. Vestmg ofImpact. Other Fees. This Development Agreement shaU recognize that the
buildmgs on the Property have been constructed in compliance with applicable prior codes and the
Property shall be deemed vested and that FOWldation and subsequent owners shall not be required
to pay any development unpact fees, capacity fees, or connection charges for the Improvement of
any existmg structure. There shall be no waiver of applicable bmldmg permit fees, occupational
fees or other fees winch may be due ill the nonnal course of bus mess of establJshmg a new
bus mess
5. Authonty. TIus Development Agreement is entered mto by City m accordance With
Flonda Statues Sections 163 3220 through 1633243, the Flonda Local Government
Development Agreement Act, and Code Ordmances Sections 36 111 through 36.126, and the
terms of S31d statutory and code sections are incorporated herem by reference
6. Effective Date of Developrnent Agreement. The effective date ofthts Development
Agreement IS the tlurty-first day followmg the date tlus 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 and Code of Ordmances Section 36 121 In the
event ofa court challenge to tlus Development Agreement by a party or non-party, the parties will
reconsider the effect oftrus Agreement and Foundation shall have no ongomg obhgatlon to
defend this Development Agreement.
7. Duration of Development Agreement. The duration oftlus Development Agreement,
shall be five years from the Effective Date hereof The Foundation or thelt assigns shall have
completed the improvements as contemplated in Part II below Wltlun said five year period. The
duration of this Development Agreement may be extended pursuant to Code of Ordinances
Section 36 114 upon the agreement of both Parties and approval by the Clearwater City
Conunisslon following a public hearing ill accordance With Florida Statutes Section 163 3225
Not withstandmg the foregomg, upon the recordation of the plat as contemplated in paragraph 24
below, and upon the completion by Foundation ofthelt obhgations regardmg site improvements
as referenced m paragraph 25,26, and 27 below, the terms and conditIons of the plat shall govern
all improvements proposed to any portion of the Property m a manner surular to any plat of
record in Pmellas County, Flonda
8 ConsIstency With Comprehensive Plan and Land Development Regulations. This
Development Agreement and the development authonzed herein in consistent with City's
comprehensIve plan and land development regulations.
9. Amendment/CanceUation. This Development Agreement may be amended or canceled
by mutual consent of the PartIes or thetr successors in interest and upon compliance with the
notice requirements ofioitIal adoption of the Development Agreement as set forth in Code of
Ordmances Chapter 36, Article V.
10. Notices. All notices, demands, requests. or rephes provided for or pennitted by this
Development Agreement shall be in writing and may be delivered by anyone of the following
methods; a) by personal delivery; b) by deposit with the United States Postal Services as certtfied
or registered mall, 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 SefVlce In the manner descnbed above shall be deemed effectlve three (3) busmess days
after deposit with the Postal ServIce. Notice by overnight express delivery sefVlce shall be
deemed effective one (1) business day after deposit wIth the express dehvery semce For
purposes of notice, demand, request or replies, the addresses of the Parties shall be'
FOR CITY
FOR FOUNDA nON:
City Manager
CIty of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
With Copy to
Drrector of Central Penruttmg
(same address)
Golda Merr Foundation, Ine
3263 Hyde Park Drive
Clearwater. FL 33761
With copy to
James Marcus Veroon, Esquire
PO. Box 6474 (34618)
577 Duncan Avenue South
Clearwater. FL 34616
11. Successors Bound. This Development Agreement shall constitute a covenant runrung
With the land for the duration hereof, and the burdens of the Development Agreement shall be
bmding upon and the benefits of the Development Agreement shall inure to all heIrS. successors Ul
mterest. and any asSIgnees of the Parties hereto
12 failure of Development Agreement to Address Restrictions. Etc. 1be failure oftlus
Development Agreement to address a particular permit. condition, term, or restriction shall not
reheve the Foundation of the necessity of complymg With the law said permItting reqUirements,
condittons. term, or restriction. Likewise, the failure of this Development Agreement to address a
particular permit, condition, term. or restriction shall not relieve the City of Its obhgatIon to
permit and approve IIIlprovements, and grant other licenses consistent With the mtent ofthts
agreement
13 Recordation. Etc. Not later than fourteen ( 14) days after the execution of this
Development Agreement. City shall record same in the pubhc records ofPinellas County. and a
copy of same shall be submitted to the state land plannmg agency withm fourteen (14) days after
the Development Agreement IS recorded. In the event Foundation should request at any time
dunng the term of this Agreement confirmation from City that Foundation are in compliance With
thts Agreement, City shall provide said confirmation within ten (10) days of said request. or in the
event that FoundatIon are not in compliance with Agreement. City shall forward withIn that ten
(lO)-day period a specIfic enumeration ofthose Items as to which City beheves Foundation are
out of complIance Failure of City to provide either said confinnatIon or said spectfic enumeration
Within the ten (1 O)-day penod shall be deemed certification that Foundation are In compliance
with this Agreement
14 Application of Ordinances and Policies. Except as provided in Part II and Part III
hereof, the following concUtions shall apply.
(1) The ordinances and policies of CIty governmg the development of the Property at the
time of the executIon oftlus Development Agreement shall contmue to govern the development
of the Property for the duration of the Development Agreement.
(2) CIty may apply ordmances and polIcies adopted subsequent to the executIon ofthts
Development Agreement to the Property dunng the term thereof u the City COmmISSion has held
a public hearmg, With notice mailed to Foundation of specific agenda Items to be heard and
potentially applIed to Foundation, and has determined, by the making of specific findmgs of fact,
that said ordmances and poliCies are
a) Not m conflict with the laws and poliCies govemmg 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 m this Development Agreement, and
e) Are adopted subsequent to substantial changes which have occurred in pertinent
condItions eXISting at the time of the approval oftlns Development Agreement or subsequent to a
determination that the Development Agreement IS based on substantially maccurate infonnatIon
supplIed by Foundation,
t) Are of general applIcation to the communIty at large for stmilarly sItuated developments
(3) The ordmances and polIcies which are specifically anticipated and provided for m the
Development Agreement are:
a) Any ordmance or polIcy which IS necessary to carry out the proVisions oftlus
Development Agreement, including but not lirruted to ordmances, rezoning and the grantmg
variances and other developmental approval,
b) Any ordinance or policy which shall be adopted by City acceptmg, approving, or
Implementing City's Evaluation and Appraisal Report concemmg its comprehensive plan;
c) Ordmances and policies of general applIcation in the CIty, including but not limited to
ordinances unposing 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 oftlns
Agreement:
~
e) City's Land Development Code
( 4) The prOVIsIons contained m thIS Paragraph do not abrogate any rights that may vest
pursuant to common law.
15. Modification or RevocatIon to Comply WIth Subsequently Enacted State and Federal
Law.. If any state or federal law 15 enacted after the execution of tlus Development Agreement
whIch is apphcable to and precludes the PartIes, compliance with the terms oftrus 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 m
the manner proVIded for the adoption of a development agreement
16. Penodic ReVIew of Development Agreement. Revocation or ModIficatIon for Failure
to Comply. The City Manager shall reVIew the Property at least once every twelve (12) months
to deterrnme ifthere 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 Cormrussion upon thirty (30)
days' notIce to Foundation if the City Comnusslon finds, on the basis of substantial competent
eVidence, that there has been a faI.lure to comply with the terms of the Development Agreement
Such revocation or modification shall be accomplished only after a pubhc heanng and notice
sufficient for the adoption ofa development agreement. However, in the event City elects to
modify or revoke trus Development Agreement due to Foundation non-comphance, Foundation
shall have ninety (90) days within winch to cure saId non-compliance and upon Foundation curmg
saId non-compliance City's action shall become null and void.
17 Enforcement. This Development Agreement may be enforced as set forth in Florida
Statutes Section 163.3243, as may be amended from time to time Foundation and CIty shall
additionally be able to enforce this Agreement as may be prOVIded by law
18. Assignment. The rights and obhgatIons of the Foundation shall be deemed assigned
to any successor m title In the event of the sale of any portion of the Property, the Foundation
shall remain obligated to make those nnprovements descnbed in paragraphs 25 and 26 below
Upon the completion of the aforementioned tasks, and upon the conveyance of any portion of the
Property, the Foundations's obligations as to the Property conveyed shall be deemed termmated
and assigned to the grantee and fully novated.
19 Draftmg of Development Agreement. The Parties shall be deemed to have
partiCIpated Jomtly in the drafting of tlus Development Agreement. Accordingly, tlus
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.
20. 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 contamed herein and the Parties agree that there are not comnutments, agreements or
understandings concerrung the subject matter of this Development Agreement that are not
contamed m or mcorporated mto this document Accordingly, It IS agreed that no deviatIons from
the terms hereof shall be predicted upon any representations or agreements, whether oral or
wntten TillS Development Agreement may be modified or amended only by a separate wntmg
signed by all Parties hereto
21 Jurischction and Governmg Law. The Parties hereto agree that any and aU SUItS or
actions at law relatmg to the entry mto or the provisIOns oftlus Development Agreement shall be
brought m Pinellas County, Flonda and m no other JurisdIction. This Development Agreement
shall be construed and mterpreted under the laws of the State ofFlonda
PART II: FOUNDATION'S PERFORMANCE OBLIGATIONS
22 Intent of AgreementlDevelopment Permits. It is the mtent of this agreement to
establish the terms and conditions by which the Property can be subchVIded and by which the three
resulting lots can be VIewed and detennined to be independent confomung subdivision lots.
Except as proVIded elsewhere herein, the Foundation shall not be required to obtain any site plan
approvals, sulxhVlSion and platting approvals, planned development approvals, regulatory agency
permits, water dIStnbution and wastewater collection permits, certIficates of capacity as required
by City Code Section 36.142, recreation and open space requrrements, and other development
penruts as customary needed for the nnprovement of real property Notwithstanding the
foregOIng, these permit exemptions apply only to those improvements being made to the existing
buildmgs and dnve areas All necessary buildmg perrruts shall be required for any bmldmg
improvements and aU customary SIte permits shall be required in the event any drive areas or
bUlldmg coverage IS mcreased.
23 Recital. This Part delineates those speCIfic acts which must be comphed with
urulaterally by FOlmdation.
24. Platting. Concurrent With the approval of this Development Agreement, the City shall
consider and approve the pendmg apphcation by Foundation to record the plat of
SaId plat shall be
compnsed of the subdlVlSion of the Property into three parcels heremafter referred to as Lot A,
Lot B, and Lot C and said lots are further descnbed on the attached exhibIt "B".
25. Foundation's Obligation to Construct ParkIng. Foundatton agrees to construct a
parkmg lot on the western portion of proposed Lot 3 where there is currently located a swimmmg
pool. SaId parking shall consist of no fewer than five spaces but shall consist of as many spaces as
can reasonably be placed in said area The configuration of the parking shall not be subject to
traditional City parkmg codes, pursuant to paragraph 29 below, but shall be configured ill
coordination with City planning staff. The parkmg area shall be built OfpefVIOUS brick, shell or
grass and shall be exempt from any storm water management or storm water treatment
regulations The costs to complete this obligation shall not count towards that obligation
referenced In paragraph 28 below
26 Foundation's Obligation to Convey Easement Foundation shall convey for the
benefit of Lot I and Lot 2 a parkIng easement over the parking area referenced m paragraph 24
above. Said easement may provide that the easement IS effective only during normal bus mess
hours
27 Foundation's Obligation to Construct Sidewalk. Foundation agree to construct a four
foot sidewalk along all non-paved nght-of-way frontage of the Property.
u
28 Foundation's Obligation to make General Improvements. Foundation hereby agrees
to make a mmimum of$IO,OOO worth of improvements to each of the three lots, or intenor
bwldmg lfl1provements withIn the buildmgs thereon, for a total improvement reqwrement of
$30,000 These improvements shall be completed prior to the City being obligated to issue a
certilicate of occupancy for any building or for the City to issue an occupational license to any use
in any buildmg. All costs of the sidewalk construction shall be included in the $10,000
requirement Tins obhgation may be met by installmg landscaping and irrigation, pamtmg the
bUlldmgs, or other general type of lfl1provement which can arguably add value to the Property and
all costs shall be based on actual dollars spent and not the mcrease m Property value by VIrtue of
making the trnprovement..
PART III: CITY'S PERFORMANCE OBLIGATIONS
29. Intent of Ag:reement/Waiver ofSulxltvision Regulations. It 15 the mtent of this
agreement to estabhsh the terms and conditions by which the Property can be subdiVided and by
winch the three resulting lots can be Viewed and determined to be independent conformmg
subdivision lots Except as provided elsewhere herein, the City is watving the requirement of the
indlV1duallots, as they currently are improved, to comply with the City's subdiVISion regulations.
30 ReCital. TIns Part delineates those specIfic acts which must be complied with
unilaterally by City.
31. SurvIVal. This agreement shall proV1de, and the plat that is attached hereto, shall
prOVIde, that the rights and obligations of this agreement shall survive in the event any of the
improvements on any of the lots IS destroyed or otherwise rendered uninhabrtable The purpose
of this proviSIon IS to prOVIde that in the event of such hazard or casuahy loss, the owner of any
Lot can reconstruct the unprovements in the configuration as they now exist without having to
comply with current or future land use code or subdivision regulations.
32. Zomng/Current Use of Property. The zoning of the Property is now and shall remain
Commercial (C-l). By adoption of tins agreement, Lot 3 shall be deemed to have the appropriate
designation to allow for the use of said lot as a church and for religIOUS functions.
J
PART IV: MUTUALLY-AGREED-TO DEVELOPMENT
CHARACTERISTICS
33 Recital. The development condrtioI15 as enumerated m tlus Part are those
characteristics whtch the CIty agrees shall be allowed to contmue to eXISt on the Property and
with whtch the Foundation agree to comply Both partIes hereby agree to unplement these
condltIoI15 by therr respective actions.
34. Parkmg. Except as provided herem, no additional parkmg shall be required for the
Property. The current parking configuration, mcluding the parkmg count, the one-way drive ISles
and drive configuration shall be deemed acceptable by the City.
35. Lot Coverage. The current lot use, building size, coverage ratios and other
characteristics as they now eXISt shall be deemed acceptable and approved by the City. Any
additions to any buildmgs or site unprovements shall be required to be penrutted pursuant to
whatever development regulations are in place at the time the improvements are applied for.
36. Landscapmg. The current landscaping and plantings as they now eXISt shall be
deemed acceptable and approved by the City. Any additions to any buildings or site
improvements shall be required to comply with whatever landscapmg regulations are in place at
the time the improvements are applied for
37. Lot SIZeS. The lot sizes as depicted on the Plat shall be deemed acceptable and
approved by the City Any additions to any buildIngs or site improvements shall be required to
comply with coverage ratios reqUIrements as proVided m the subdivision regulations at the tune
the improvements are apphed for USIDg thts approved lot SIZe.
38 Setbacks. The mimmum setback requrrements for principal and accessory structures
on the lots shall be as spectfied in the following table.
Best Copy
Available
/
39 City and Foundation CooperatlonlFurther Assurances. City shall cooperate with
Foundation in any reasonable manner such that both Foundation and City can comply with the
terms of this Agreement
53 Costs and Attorney's Fees m LItigation. In the event that either party seeks to
enforce thts Agreement or to interpret any proVISion ofthis Agreement by the institutIOn of
htigatlon, exc1udmg bankruptcy proceedmgs and matters ancillary and related thereto, and
includmg any appellate proceedmgs, the parties agree that all costs actually mcurred in such
httgation, including reasonable attorney's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, the Parties, by their duly authonzed undersigned
representahves, have executed this Development Agreement on the date and year first above
wntten.
Countersigned:
CITY OF CLEARWATER
Rita Garvey, Mayor-Commissioner
By'
, City Manager
Approved as to fonn and legal sufficiency'
Attest:
Leslie K Dougall-Sides
Assistant City Attorney
Cynthia E Goudeau, CIty Clerk
Foundation
Witness
Type or print name
Witness
Type or print name
Receipt No
Date
Lme Items
Case No
Payments
Method
Ct1eck
1199801366
12/17/98092049
,,' ..
Tran Code
-PLATS
Description
Plats - 106,500 00 @ $0 01
Payer
JAMES MARCUS VERNON
/1
I' ~W'~ v
\ ~CLEARWATE:.R
I ,.
-~I
DEC.1T98
1
#
PLATS
TOTL
CHCK
NQ5074
11.00
1065.00
1065.00
1065.00
09:15 A
Revenue Account No
010-341240
Bank No
Acct Check No
1100
TOTAL AMOUNT PAID /0& 5_ CO