DVA2009-00001 - 101 Coronado Dr - Holiday Inn ExpressDVA2009-00001
101 CORONADO DR
HOLIDAY INN EXPRESS
PLANNER OF RECORD: WW
ATLAS # 267A
ZONING: T
LAND USE: RFH
RECEIVED: 03/03/2009
INCOMPLETE:
COMPLETE:
MAPS
PHOTOS:
STAFF REPORT:
DRC
CDB:
CLW CoverSheet
CDB Meeting Date: May 19, 2009
Case Number: DVA2009-00001 (Related to FLD2009-03013)
Agenda Item: F.l. (Related to E.4.)
Owner/Applicant: Decade Companies Income Properties
Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates Inc.
Address: 101 and 105 Coronado Drive and 35 Devon Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review of, and recommendation to the City Council, of a Development
Agreement between Decade Companies Income Properties (the property
owner) and the City of Clearwater, providing for the allocation of units
from the Hotel Density Reserve under Beach by Design.
CURRENT ZONING: Tourist (T) District
CURRENT FUTURE LAND Resort Facilities High (RFH)
USE CATEGORY:
BEACH BY DESIGN Small Motel
CHARACTER DISTRICT:
PROPERTY USE: Current Use: 22-room motel and vacant land (formerly a 16-unit
motel and a 15-unit motel)
Proposed Use: Overnight accommodation use of a total of 108 rooms
(150 rooms/acre on total site, including the allocation of
72 units from the Hotel illensity Reserve) and
approximately 1,500 square feet (0.048 FAR on total
site) of amenities accessory to the hotel at a height of 89
feet (to roof deck)
EXISTING North: Preservation (P) District City Marina
SURROUNDING ZONING South: Tourist (T) District Retail sales and Overnight
AND USES: accommodations
East: Tourist (T) District Overnight accommodations and City
parking lot
West: Tourist (T) District Temporary City parking lot
ANALYSIS:
Site Location and Existing Conditions:
The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon
Drive/First Street. The subject property is currently developed with a 22-unit motel (101 Coronado
Drive) and vacant land presently used for construction trailers for the HyattJAqualea project (105
Coronado Drive and 35 Devon Drive). The vacant parcels were previously developed with a 16-unit
motel (105 Coronado Drive) and a 15-unit motel (35 Devon Drive).
Community Development Board -May 19, 2009
DVA2009-00001 -Page 1 of 3
Development Proposal:
The development proposal includes a companion Flexible Development application (FLD2009-03013) to
permit an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including
the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048
FAR on total site) of amenities accessory to the hotel (meeting room and exercise room) at a height of 89
feet (to roof deck). All 108 units of the hotel and 94 parking spaces on four levels are proposed on the
northern portion of the site (north of Devon Drive). A surface parking lot for 18 spaces is proposed on
the southern portion of the site (south of Devon Drive).
Development Agreement:
The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density
Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A
total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the
allocation of 72 units from it. The City has established the Development Agreement format as a means to
facilitate the allocation of the units and to set forth appropriate provisions related to the development of
the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10)
years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by
Design and includes the following main provisions:
^ Provides for the allocation of 72 units from the Hotel Density Reserve;
^ Requires the developer to obtain building permits and certificates of occupancy in accordance with
Community Development Code (CDC) Section 4-407;
^ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
^ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a
residential use and requires the recording of a covenant restricting use of such hotel units to
overnight accommodation usage; and
^ Requires a legally enforceable mandatory evacuation closure covenant that the hotel will be closed
as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the
National Hurricane Center.
The Community Development Board (CDB) has been provided with the most recent Development
Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment on
comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for
development, to encourage the efficient use of resources, and to reduce the economic cost of
development. The CDB is required to review the proposed Development Agreement and make a
recommendation to the City Council.
Community Development Board -May 19, 2009
DVA2009-00001 -Page 2 of 3
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials at its
meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the
Community Development Board (CDB), based upon the following findings of fact and conclusions of
law:
Findings of Fact: The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent evidence to
support the following findings of fact:
1. That the 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners
of Devon Drive/First Street;
2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH)
Future Land Use Plan category;
3. That the development proposal is subject to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Small Motel character district and
the criteria for allocation of units from the Hotel Density Reserve.
Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the Development Agreement implements and formalizes the requirements for the construction
of on-site and off-site improvements under the related site plan proposal (FLD2009-03013);
2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the
Community Development Code;
3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and
Policies of the Comprehensive Plan;
4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of
Beach by Design and the Small Motel character district; and
5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of
units from the Hotei Density Reserve.
Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to
the City Council, of a Development Agreement between Decade Companies Income Properties (the
property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density
Reserve under Beach by Design, for the property at 101 and 105 Coronado Drive and 35 Devon Drive.
Prepared by Planning Department Staff:
Wayne M. ells, AICP, Planner III
ATTACHMENTS:
^ Development Agreement with Exhibits
^ Location Map
^ Aerial Map
^ Future Land Use Map
^ Zoning Map
S:IPlanning DepartmentlCD BIFLEX (FLD)IPending cased Up for the next CDBIDVA2009-00001 -Coronado 0101 -Holiday Inn Express (T)
- 5.19.09 CDB -WWI Coronado 0101 Dev. Agree. Stuff Report for 5.19.09 CDB.doc
Community Development Board -May 19, 2009
DVA2009-00001 -Page 3 of 3
Wayne M. Wells, AICP
100 South Myrtle Avenue, Clearwater, FL 33756
Phone: 727-562-4504 ~ Email: wayne.wells(rmyclearwater.coni
PROFESSIONAL EXPERIENCE
^ Planner III
Planning Department, City of Clearwater, FL
November 2001 to Present
As part of the Development Review Division, prepared and presented staff reports for Flexible
Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats
before the Development Review Committee and the Community Development Board and
Development Agreements before the City Council; Reviewed building permits for Code
conformance; Prepared and/or assisted preparation of Code amendments; Provided public information
(via telephone, mail, email, zoning counter or predevelopment meetings).
^ Zoning Coordinator
Zoning Division, City of Pinellas Park, FL
March 1989 to November 2001
Acting Zoning Director; Represented the Zoning Division on cases and issues before the City
Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of
Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments,
rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site
plans and building permits for Code conformance; Prepared and/or assisted preparation of Code
amendments; Provided public information (via telephone, mail, zoning counter or predevelopment
meetings).
^ Program Manager, Zoning Branch
Manatee County Dept. of Planning and Development, Bradenton, FL June 1984 to March 1989
l rained and supervised three employees; Yreparecl and presented variances and appeals to the Board
of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance;
Assisted in preparation of Code amendments; Provided public information (via telephone, mail,
zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the
Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code
Enforcement Board; Investigated and prepared cases of alleged violations of land use and building
codes. Planner II, Current Planning Section -Prepared and presented staff reports for rezones,
planned developments, special permits, plats and mobile home parks to Planning Commission and
Board of County Commissioners; Reviewed final site plans and building permits for Code
enforcement; Assisted in preparation of Code amendments; Provided public information (via
telephone, mail, zoning counter or predevelopment meetings).
^ Planner I
Alachua County Dept. of Planning and Development, Gainesville, FL June 1980 to June 1984
Prepared and presented staff reports for rezones and special permits to Planning Commission and
Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in
preparation of Code amendments; Provided public information (via telephone, mail, zoning counter
or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information
and Data Book; Drafted ordinance revisions; General research.
^ Graduate Assistant
University of Florida Dept. of Urban and Regional Planning, Gainesville, FL 1979 to 1981
Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County
Comprehensive Plan.
^ Planning Technician
Planning Division, City of St. Petersburg, FL
1977 to 1979
Primarily prepared graphics, for both publication and presentation; Division photographer for P/2
years; Worked on historic survey and report.
EDUCATION
Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not
completed), University of Florida, 19S 1
Bachelor of Design in Architecture, University of Florida, 1976
LICENSES & CERTIFICATES
American Institute of Certified Planners
American Planning Association, Suncoast Section
Clearwater
v
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
^ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
^ SUBMIT APPLICATION FEE $
'~ NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED
(APPLICATIONS PLUS SITE PLANS SETS)
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
DEVELOPMENT AGREEMENT APPLICATION
(Revised 10/14/2003)
PLEASE TYPE OR PRINT
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: Section 4-202.A)
APPLICANT NAME: Decade Companies Income Properties
MAILING ADDRESS: 13555 Bishops Court, Ste 345. Brookfield, WI 53005
PHONE NUMBER: 262-797-9215 FAX NUMBER:
CELL NUMBER: EMAIL ADDRESS:
PROPERTY OWNER(S): Decade Companies Income Properties
(Must include the names of all property owners on deed -please PRINT full names)
AGENT NAME: Keith Zavac PE RLA LEED AP; Keith Zavac & Associates. Inc.
MAILING ADDRESS: 701 Enterprise Road East, Ste 404, Safetv Harbor, FL 34695
PHONE NUMBER: 727-793-9888 FAX NUMBER: 727-793-9855
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS: 101 & 105 Coronado Drive
LEGAL DESCRIPTION: See Attachment A
PARCEL NUMBER: 08/29/15/15606/000/0141 ~ 08/29/15/00000/320/0200' 08/29/15117550/002/0012
PARCEL SIZE: 0.72
(acres, square feet)
PROPOSED USE AND SIZE: 1 ~8 ~IfTllted Se1VICe OVern1911t a000f11n10C18tI011S
(number of dwelling units, hotel rooms or square footage of nonresidential use)
DESCRIPTION OF ANY RELATED REQUEST(S): See Attachment B
(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 (TDR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO x (if yes, attach a copy of the applicable
documents)
B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.8)
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
6j 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;
~t 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:
ontents. 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.
I. 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 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.
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A)
SIGNED AND SEALED SURVEY (including legal description of property) -One original and 14 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.) -please design around the existing trees;
CN 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; (' Note: Per Section 3-911, all utilities shall be located/relocated underground)
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 solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201(D)(i) and Index#701};
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'/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 realer reflectin size canopy (drip lines) and condition of such trees
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 (as indicated or,
required tree survey);
___ Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed
landscape materials.. including botanical and common names;
_ Location. size, description, specifications and quantities of all existing and proposed landscape materials. including bctamcai and
common names:
_ Typical planting details for trees. palms, shrubs and ground cover plants including instructions. soil mixes, backfilling. mulching anc
protective measures.
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet anal
percentage covered:
_ Conditions of a previous development approval (e g. conditions imposed by the Community Development Boardl.
Irrigation notes.
U REDUCED LANDSCAPE PLAN to scale (8 '/z X 11) (color rendering if possible),
J 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 (fi % X 11) (black and white and color rendering, if
possible) as required
I. SIGNAGE: (Division 19. SIGNS !Section 3-1806)
Comprehensive Sign Program application, as applicable (separate application and fee required).
r] Reduced signage proposal (8 Yi X t 1) (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 4-8G i
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 kr~a~
authorize~ity representatives to visit and photog~ `(pJ~
described irt,this application. ~ ~,~~~~ ~ ~j~C!jf,
l ~ 1
1 r
~._ BF1TY ~
AC,kE=Rr\!AN
,r/) ~.
Signature of pkoperty owner or representative
T~_ f~~.
`lliitd'~a~.ar~ t`
of 5 -Development A
f~jsconS~n ft).ltckc'S~Yc.
STATE OF Ft9RfBa4, COUNTY OF ^'"-r~.~'-cta
Swo~r'J', tJo and subscribed before me this day of
_ A.D. 20 G9 to me rid/or by
,who s persona y known has
produced ( Cf f ~ (- __ __ as
identification
{i~
l -- -_
Notary p bile.
My com fission expires. ~ ~~ ~ -(~
- City or Clearwater
-- -"-~
L. AFFIDAVIT TO AUTHORIZE AGENT:
I
- -- -- ~
Decade Companies Income Properties
(Names of all property owners)
1 That (I am/we are) the owner(s) ana record title holders; of the following described property (address or general location):
101 & 105 Coronado Drive
--- -- - -~
~T __ - ---- ---- --
2 That this property constitutes the property for which a request far a (describe requesti
See attached description requests
3 That the undersigned (has/have) appointed and (does/ao) appoint: ------------------- --- ---.------
Keith E. Zayac, PE. RLA. LEED AP
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition:
4 That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property.
5 That site visits to the property are necessary by City representatives in order to pro~ess'~this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6 That Q/wej; the undersigned authority, hereby certify that the foregoing is true and correct.
i ~ ;'t ~ f~ r_~
Prope- rty Ov~,n~ ~
Property; Owner I
STATE OF~-,~t.~tSco~s~,r~
COUNTY OF ~P4NEt~,4S k~G~tKps}Xt_ `4~~.~.,~t~~\\t,~~tij= .
re me the undersigned. an officer duly com~A~S1y he Stat of ~ler~la_.on this I f day of
personally appe~d~~ (Q(~C(~j~~ _ ho having been first duly sworn
Depo es and says that~~lshe fully understar~s the contents of the i a th e she signed.
~• BFT7Y
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:~ A, ~E?R7AN y __ _ Y,~-- -----_ __
/p f/ a ~ Notary Public
My Commission Expires JI'''Gy `ark
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Pagc. 5 0l 5 Developrncnt Agrcernent Application C,ty of Clearwater
I t'
~ Clearwater
u~
~
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727 -562-4865
CASE #:
RECEIVED BY (staff initials):
DATE RECEIVED:
a SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
a SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and
application are required to be collated, stapled, and folded into sets
a SUBMIT FIRE PRELlMARY SITE PLAN: $200.00
a SUBMIT APPLICATION FEE $
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS)
FLEXIBLE DEVELOPMENT APPLICATION
(Revised 07/11/2008)
-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A)
APPLICANT NAME:
MAILING ADDRESS:
PHONE NUMBER:
CELL NUMBER:
PROPERTY OWNER(S):
List All owners on the deed
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
CELL NUMBER:
Q~~~c!~g~!ll:p_~~~_I!1~~!!!~J:>_ro~~!ii~~__n__u_ ___
A~~?~_~i~1!~R~ COurt, Ste 3~?, ~!:~~~!i~~~,_~I 53995
262- 797 -9215 FAX NUMBER:
EMAIL:
Decad.e G()'Pp.~~s In~ome Pr()p~rti~s
!_eith ~ay~c, ~~,~~, I:-~~l?AJ>; ~~i~~a)'~~~~s~()~~~lt~~~!!l_c.
~-- ------- . '. .. - - - . -. -. . . - ..._-
701 Enterp.ti~~ R()adEast, ~!~ 4.9~,.~~~~ HCl!~~!,.I~}i.6~??_
n__._~__.~. .. _ . _ . _ _ . _. _'_____,' ._
727-793-9888 FAX NUMBER: 727-793-9855
_. __~~__ - - ..--........0 _ __._ __.___
EMAIL:~~i~~@~~i~Y!!~.~()J!1
B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A)
PROJECT NAME:
STREET ADDRESS
PARCEL NUMBER(S):
PARCEL SIZE (acres):
LEGAL DESCRIPTION:
PROPOSED USE(S):
_-t!()}ic!(iY !1!I!.~){P!.e~~ PROJECT VALUATION: $12.0 Million
101 & 105 Coronado Drive
__.".______...~__.~____._____._,_,______o_____ _ ___,___________0__ ~_____.__ ___ ___
Q~~9/15/15606/000/0141; 08/29/15/0Q9Q9D~.9!Q~QO; O.~!~9/15/17550/002/0012
0.72 PARCEL SIZE (square feet): 31,418
--- -
See Attachment A
-
108 limited service overnight accommodations
DESCRIPTION OF REQUEST: See Attachment B
Specifically identify the request
-<include number of units or square
footage of non-residential use and all
requested code deviations; e.g_
reduction in required number of
parking spaces, specific use, etc.)
I:\Holiday Inn Express Clearwater Beach\Permits\~jty of ;le~~ter\Flexible Developmenl (FLD) 2008 07-11_doc
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO..A- (if yes, attach a copy of the applicable documents)
C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5)
JJ. SUBMIT A COpy OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP
T (see page 7)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A)
pi Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail:
1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is
located.
See Attachment C
2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly
impair the value thereof.
See Attachment C
3. The proposed development will not adversely affect the health or safety or persons residing or wor1<ing in the neighborhood of the proposed use.
See Attachment C
4. The proposed development is designed to minimize traffic congestion.
See Attachment C
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
See Attachment C
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on
adjacent properties.
See Attachment C
1:\Holiday Inn Express Clearwater Beach\pennits\~ity of .9'e~~ate~lexible Development (FLD) 2008 07 -11.doc
WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria)
, Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is
requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail:
?~~~'-rACtf't-.;t~ 1/
E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria
Manual and 4-202.A.21)
P. A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition
or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of
Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement.
o
If a plan is not required, the narrative shall provide an explanation as to why the site is exempt.
o
o
o
o
o
o
o
o
At a minimum, the STORM\lVATER PLAN shall include the following;
Existing topography extending 50 feet beyond all property lines;
Proposed grading including finished floor elevations of all structures;
All adjacent streets and municipal storm systems;
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with
the City manual.
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
Signature and seal of Florida Registered Professional Engineer on all plans and calculations.
o
COpy OF: PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT
SUBMI L (SWFWMD approval is required prior to issuance of City Building Permit), if applicable
'f
Stormwater plan as noted above is included
Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor
elevations shall be provided.
WLEDGEMENT OF STORMWA TER PLAN REQUIREMENTS (Applicant must initial one of the following):
CAUTION ;...IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN
AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY
MAY OCCUR.
If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750.
F . SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
'tit.
-A
SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies;
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 and indicating trees to be removed) - please design around the existing trees;
o
TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and
condition of such trees;.
~
LOCATION MAP OF THE PROPERTY;
o
PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces).
Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and
shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not
deviations to the parking standards are approved;
"
t
GRADING PLAN, as applicable;
o
PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
o
COPY OF RECORDED PLAT, as applicable;
1:\Holiday Inn Express Clearwater Beach\permjts\~ity of .9le~,::,aler\Flexible Development (FLD) 2008 07-11.doc
G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
SITE PLAN with the following information (not to exceed 24" x 36"):
Index sheet referencing individual sheets included in package;
North arrow:
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
All dimensions;
Footprint and size of all EXISTING buildings and structures:
Footprint and size of all PROPOSED 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 solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening
{per Section 3-201 (D)(i) and Index #701}:
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures:
Location of all existing and proposed sidewalks; and
Floor plan typicals of buildings for all Level TII\IO approvals. A floor plan of each floor is required for any parking garage requiring a
Level TII\IO approval.
~ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres:
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
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 & driveways,
expressed in square feet & percentage of the paved vehicular area;
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 (FAR.) for all nonresidential uses.
REDUCED COLOR SITE PLAN to scale (8 Yo X 11):
o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
EXISTING
31,418/0.72
_._..~_._-_._,---
53
REQUIRED
20,000/0.46
~--------.~
36
36
PROPOSED
31,418/0.72
108
108
69,208 a/c sp.
112
17,381
29,847
5,935
0.90
0.70
35
0.95
1.0
89
0.60
2.2
One-foot contours or spot elevations on site:
Offsite elevations if required to evaluate the proposed storm water 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;
1:\Holiday Inn Express Clearwater BeachlPennitslCity of Clearwater\Flexible Development (FLD) 2008 07-11.doc
Page 4 of7
H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
r
LANDSCAPE PLAN with the following information (not to exceed 24" x 36"):
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;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required
tree survey);
Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant
schedule;
Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements 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 COLOR LANDSCAPE PLAN to scale (8 % X 11);
Q COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape
Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met.
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
~ BUILDING ELEVATION DRAWINGS - with the following information;
All sides of all buildings;
Dimensioned;
Colors (provide one full sized set of colored elevations);
Materials;
~ REDUCED BUILDING ELEVATIONS -same as above to scale on 8 %X 11.
J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) IOlt.-Lr ~ '7~Mrre:::D ~ t't:'l7\P. ~W ~~
v\'frt 1.tA\t>,v .
o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be
removed or to remain.
o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing;
freestanding signs shall include the street address (numerals)
Q Comprehensive Sign Program application, as applicable (separate application and fee required).
o Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application.
1:\Holiday Inn Express Clearwater Beach\pennitS\~ity of :le~,:ater\Flexible Development (FLD) 2008 07 -11.doc
K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
~ Include if required by the Traffic Operations Manager or his/her designee or if the proposed development:
Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day.
Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or
that is on the City's annual list of most hazardous intersections.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual.
The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the
Planning Department's Development Review Manager or their designee (727-562-4750)
Refer to Sect)pn 4-801 C of the Community Development Code for exceptions to this requirement.
r A~me", of ,,,,ffic mp'd m"d, ",."',om'''15 (App''''"' m"" ,".", 0"" of ,he follow'".),
. Traffic Impact Study is included. The study must include a summary table of pre- and post-developmentlevels of service for all
roadway legs and each turning movement at all intersections identified in the Scoping Meeting.
Traffic Impact Study is not required.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT
STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND
SIGNIFICANT DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-
4750.
L. FIRE FLOW CALCULATIONSI WATER STUDY:
Provide Fire Flow Ca ulations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if
any upgrades are r uired by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire
sprinkler, standpip and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with
the 2004 Florida re Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required.
~ gement of fire flow calculationslwater study requirements (Applicant must initial one of the following):
Fire Flow CalculationslWater Study is included.
Fire Flow CalculationslWater Study is not required.
CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW
CALCULATIONSI WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE
RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR.
If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334.
I, the undersigned, acknowledge that all representations made
in this app" ation are true and accurate to the best of my
knowled an authorize City representatives to visit and
photogra h the roperty ~escribed in this application.
1J1fuJ~k-_
f prdpe~y owner or representative
M. SIGNATURE:
N. AFFIDAVIT TO AUTHORIZE AGENT:
1. Provide names of all property owners on deed - PRINT full names:
Decade Companies Income Properties
2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
101 & 105 Coronado Blvd.
3. That this property constitutes the property for which a request for a: (describe request)
108 overnight accommodations. See Attachment B for complete list
4. That the undersigned (has/have) appointed and (does/do) appoint:
Keith E. Zayac, PE, RLA, LEED AP
as (hisltheir) 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
representativ. visit and photograph the property described in this application;
Property Owner
7. That (I/we),
uJ~
51 A 1E OF FLORIDA,
COUNTY OF rlNCLLAS W~
uJ~
Before me the undersigned, an officer duly commissioned by the laws of the State of~, on this
r;,bruCI./1 JOo9 personally appeared JeN((1 k<.,f,ltber
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed.
Property Owner
Property Owner
It., +h
day of
Notary Seal/Stamp
C:IDOCUME-1\ADMINI-1 ILOCALS-1 ITemplComprehensive Infill Project (FLD) 2008 07-11.doc
Page 8 of 8
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the
day of , 2009, and entered into between DECADE COMPANIES
INCOME PROPERTIES ("Developer"), its successors and assigns, 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, one of the major elements of the City's revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
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, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer controls approximately 0.722 acres of real property
("Property") in the corporate limits of the City, consisting of 0.722 acres of upland from
the face of the seawall more particularly described on Exhibit "A" attached hereto and
incorporated herein; and
WHEREAS, the Developer desires to develop the Property by demolishing
existing hotel rooms and other uses in order to add overnight accommodation units,
minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new
lobby and parking with parking spaces, generally conforming to the architectural
elevation dimensions shown in composite Exhibit "B"; and
WHEREAS, upon completion the planned resort will contain 108 units, which
includes Seventy-Two (72) units from the available Hotel Density Reserve:
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and
WHEREAS, the City has determined that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required by §§ 4-206 and
4-606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on , 2009,
the City Council approved this Agreement and authorized and directed its execution by
the appropriate officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan as FLD2009- 03013 on , 2009, conditioned upon the approval
and execution of this Agreement; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement 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. Property Subiect to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
3.2. The Property is owned in fee simple by the Developer.
2
3.3 The Property is generally located at 101 Coronado Drive Clearwater, FL
33767 as more further described in Exhibit "A".
SECTION 4. Scope of Project.
4.1 The Project shall consist of no more than 108 overnight accommodation
units. Such units maybe traditional hotel rooms or fractional ownership units, as defined
by the Community Development Code. The proposed density is 150 units per acre.
4.2 The Project shall include 112 parking spaces, as defined in the Community
Development Code. ".
4.3 The proposed height of the building is 89 feet to the roof deck.
4.4 The design of the Project, as represented in Exhibit "B", is consistent with
Beach by Design, except as otherwise shown on Exhibit "B.
4.5 No more than 25 % of overnight accommodation units shall have full
kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit
"B" as "suites" and shall not be located in any unit received from the Hotel Density
Reserve.
4.6 The project shall comply with the Metropolitan Planning Organization
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida, and thirty (30) days have
elapsed after having been received by the Department of Community Affairs pursuant to
Florida Statutes Section 163.3239 and Clearwater Community Development Code Section
4-606.G. 2.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Community Affairs a copy of the recorded Agreement within
fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined herein,
but for a period not to exceed ten (10) years.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests
or assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall
comply with the City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Property:
6.1.3.1 The Property and improvements located thereon shall be
developed in substantial conformance with the Site Plan attached as
Exhibit "B" and approved by the Community Development Board ("CDB")
as case number FLD2009-03013. Any minor revisions or changes to the
Site Plan shall be consistent with the approved Site Plan and shall be
approved by the Planning Director as a minor modification, pursuant to the
Code. Any modifications determined by the Planning Director as either
inconsistent with the approved Site Plan or constituting a substantial
deviation from the approved Site Plan and thus requiring further approval
by the CDB shall require an amendment to this Agreement in accordance
with the procedures of the Act and the Code, as necessary and applicable.
Any and all such approved and adopted amendments shall be recorded in
the public records of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain building permits and shall
thereafter timely obtain required certificates of occupancy, in accordance
with Code Section 4-407. The Developer shall commence vertical
construction, defined as work on the project other than clearing, grubbing
or other preliminary site preparation work, in accordance with applicable
provisions of the Code and of the Florida Building Code. Nothing herein
shall restrict Developer from seeking an extension of these time frames
pursuant to applicable provisions of the Code and of the Florida Building
Code or from seeking an amendment to this agreement.
6.1.3.3 The Developer shall execute, prior to commencement, a
mandatory evacuation/closure covenant, substantially in the form of
Exhibit "C", that the accommodation use will closed as soon as practicable
after a hurricane watch that includes Clearwater Beach is posted by the
National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building
permit for the Project, the Developer hereby agrees to execute and record in the
Public Records of Pinellas County, Florida the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed
and used as a single project, the form of which covenant is attached as Exhibit
"D"; provided however, that nothing shall preclude the Developer from selling the
Fractional Share Units or from selling all or a portion of the Developer's Property
in the event that Developer determines not to construct the Project. Additionally,
prior to the issuance of the first building permit for the Project, the Developer
hereby agrees to execute a Declaration of Unity of Title for the Project Site
providing that the Project Site shall be developed and used as a single project, the
form of which Declaration of Unity of Title is available from the City Planning
Department. It is understood and agreed that, in the event that the Developer
enters into the anticipated covenant of unified use and development, and the
Developer elects not to construct the Project and notifies the City of its election in
writing, and, alternatively, as of the date of expiration, termination or revocation
any rights of Developer to incorporate the Hotel Density Reserve Units into the
Project, the City shall execute and deliver to the Developer a termination of such
covenant of unified use and development suitable for recording in the Public
Records of Pinellas County, Florida. Additionally, the City shall execute and
deliver to the Developer a Release of Unity of Title suitable for recording in the
Public Records of Pinellas County, Florida.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to
the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units.
Subject to the terms and conditions of this Agreement, the City hereby allocates
and grants to the Developer from the Hotel Density Reserve an additiona172 hotel
units to the Project Site in accordance with applicable law. In the event this
Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the
units granted to the Developer from the Hotel Density Reserve are not constructed
in conjunction with the Project approved by FLD2009-03013 and in accordance
with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinanace No. 7925-08, said units shall be returned to the Hotel Density Reserve
and be unavailable to the Developer for use on the Project, pursuant to Beach by
Design. Prior to the issuance of the Certificate of Occupancy for the Project, the
Developer agrees to execute and record a Covenant in the Public Records of
Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity
to the use approved by FLD2009-03013 and by this Agreement.
6.1.6 Transient Use. Occupancy in the overnight accommodation units
from the hotel density is limited to a term of less than one (1) month or thirty (30)
consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a
fractional share unit from owning a period of time greater than thirty (30) days,
provided every occupancy is limited to not more than thirty (30) consecutive days
or one (1) month.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the re-designations referenced in Section
6.2.1 is subject to:
6.2.2 The final effectiveness of the re-designations referenced in Section
6.2.1 is subject to:
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 72 units
from the Hotel Density Reserve as defined in Beach by Design.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, all applicable concurrency provisions for the proposed
development have been met.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 Transportation concurrency requirements have been met.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of
Occupancy.
7.7 The Developer is responsible for the payment of any required impact fees.
SECTION 8. Required Local Government Permits. The required local
government development permits for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
6
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination.
If the Developer's obligations set forth in this Agreement are not followed in a timely
manner, as reasonably determined by the City Manager, after notice to the Developer and
an opportunity to be heard, existing permits shall be administratively suspended and
issuance of new permits suspended until the Developer has fulfilled its obligations.
Failure to timely fulfill its obligations may serve as a basis for termination of this
Agreement by the City, at the discretion of the City and after notice to the Developer and
an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until ten (10) years after the date of this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Comuliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Decade Companies Income Properties
1355 Bishops Court, Ste 345
Brookfield, WI 53005
With Copy to: Keith Zayac & Associates
7
701 Enterprise Road East Ste 404
Safety Harbor, Florida 34695
If to City: City of Clearwater, City Attorney
ATTN: Pamela Akin, Esq.
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
9
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term~or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are
thereby limited, to the extent that the purpose of this Agreement or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the conflict
of laws principles of such state.
SECTION 24. Counterparts. This Agreement maybe executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement maybe amended by mutual
written consent of the City, the Developer, and the Association so long as the amendment
meets the requirements of the Act, applicable City ordinances, and Florida law.
1N WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of
Print Name
10
Print Name
As to "Developer"
Print Name:
Print Name
As to "City"
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By:
William B Home II,
City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
The foregoing instrument was acknowledged before me this day of
2009, by He is [ ]personally known to me
or has [ ]produced as identification.
Notary Public
Print Name:
My Commission Expires:
11
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
2009, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ]personally known to me or who has [ ]
produced as identification.
Notary Public
Print Name:
My Commission Expire
12
ATTACHMENT A
HOLIDAY INN EXPRESS LEGAL DESCRIPTION
NORTH PARCEL LEGAL DESCRIPTION:
Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, according
to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of
Pinellas CITY, Florida; run thence West along the East-West Center Line of Section 8,
Township 29 South, Range 15 East, 15 feet to the POINT OF BEGINNING; thence
South 5°32'30" West along East right-of--way line of Coronado Drive 16.26 feet; thence
South 84°27'30" East, 100 feet; thence North 5°32'30" East, 78.06 feet; thence
Northwesterly along existing concrete seawall 113.38 feet, more or less; thence South
6° 10'00" West, 82.63 feet; thence South 4°25' 11 " East, 25.74 feet to the Point of
Beginning.
AND:
Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as
recorded in Plat Book 23, Page 37, Public Records of Pinellas CITY, Florida; and run
thence West along the East and West Center Line of Section 8, Township 29 South,
Range 15 East, 15 feet to the Easterly line of Coronado Drive; thence South 5°32'30"
West, 16.26 feet, for the POINT OF BEGINNING; thence continue South 5°32'30" West,
100 feet to the Northerly line of First Avenue; thence South 84°27'30" East, 100 feet
along the Northerly line of First Avenue; thence North 5°32'30" East, 100 feet; thence
North 84°27'30" West, 100 feet to the Point of Beginning.
SOUTH PARCEL LEGAL DESCRIPTION:
The North 100 feet of the West 110 feet of Lot 1, Block B
COLUMBIA SUBDIVISION according to the map or plat thereof
as recorded in Plat Book 23, Page 60 Public Records of Pinellas
County, Florida.
EXHIBIT "C"
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the
day of , 2009, by Decade Companies Income Properties ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto
and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has
amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District
pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of "Beach by
Design," a plan for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the "Designation")
provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized
quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to
compliance with a series of performance standards, including a requirement that resorts containing a hotel
developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon
as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time
when a hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution ,passed and approved on ,
20 ,Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to
Developer's compliance with the requirements of the Designation. Developer desires for itself, and its
successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect
to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of
the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and
responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real
Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and
performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares,
covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for
the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit
of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the
development, use and operation of the Real Property in accordance with the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A maximum of Seventy-Two units, which is the number of hotel units allocated to
Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive
15
days or less, must be licensed as a public lodging establishment and classified as a hotel, and
must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a
primary or permanent residence.
2.1.2 All other 36 units shall be licensed as a public lodging establishment. No unit shall be used
as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel,"
"time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I,
Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be
closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which
hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency
and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable
following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the,
terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions
of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees
will be evacuated in advance of the issuance of a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project") and Developer's commencement of construction of
the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and
terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorne sy 'Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it
is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether
by agreement of the parties or through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or
unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any
person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration
shall be valid and enforceable to the fullest extent permitted bylaw.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of
2009.
In the Presence of:
Print Name
16
Print Name
As to "Developer"
Print Name:
Print Name
As to "City"
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By:
Attest:
William B Home II,
City Manager
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
The foregoing instrument was acknowledged before me this day of , 2009, by
He is [ ]personally known to me or has [ ]produced
as identification.
Notary Public
Print Name:
My Commission Expires:
17
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of ,
2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ]personally
known to me or who has [ ]produced as identification.
Notary Public
Print Name:
My Commission Expires:
18
_EXHI.BIT "D"
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of
2009, by ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached
hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain
Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the
City has agreed that Developer may develop and construct upon the Real Property a hotel project as described
in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more
particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that,
effective as of the date on which Developer receives all permits required to construct the Project and Developer
commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property
shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the
Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when
and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is
terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's
ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions
thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one
or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel
Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate,
unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied
as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that
the City shall have the right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units maybe operated by a single hotel operator and all
Fractional Share Units maybe operated by a different, single management firm/operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of
2009.
19
In the Presence of:
Print Name
Print Name
As to "Developer"
CITY OF CLEARWATER, FLORIDA
By:
Print Name:
Print Name
As to "City"
Attest:
William B Home II,
City Manager
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of _
He is [ ]personally known to me or has [
as identification.
] produced
Notary Public
Print Name:
My Commission Expires:
2009, by
20
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of ,
2009, by V~ILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ]personally
known to me or who has [ ]produced as identification.
Notary Public
Print Name:
My Commission Expires:
21