DVA2008-00003 - 20 Kendall St - Ambiance
DV A2008-00003
20 KENDALL ST
AMBIANCE
PLANNER OF RECORD: S K
ATLAS # 258A
ZONING: T
LAND USE: RFH
RECEIVED: 12/01/2008
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
C L W CoverSheet
CDB Meeting Date:
Case Number:
Agenda Item:
Owner! Applicant:
Representative:
Address:
June 16, 2009
DV A2008-00003 (Related to FLD2008-12034)
E.1. (Related to D.I.)
Panorama on Clearwater Beach, LLC and Evangeline P. Samarkos, as
Trustee of the Evangeline P. Samarkos Revocable Trust UAD 3/27/06,
Michael A. Samarkos, Victoria Harkey l06 Midway Island, Clearwater
Beach, FL 33767-2313
Ed Hooper, Consus Group, LLC
20 Kendall Street
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
CURRENT ZONING:
Review of, and recommendation to the City Council, of a
Development Agreement between Panorama on Clearwater Beach,
Evangeline P. Samarkos - Trusteee, Michael A. Samarkos and
Victoria Harkey (property owners) and the City of Clearwater,
providing for the allocation of units from the Hotel Density
Reserve under Beach by Design.
Tourist (T) District
CURRENTIFUTURE
LAND USE CATEGORY:
Resort Facilities High (RFH)
BEACH BY DESIGN
CHARACTER
DISTRICT:
PROPERTY USE:
Old Florida
Current Use: Detached dwelling and vacant land
Proposed Use: Overnight accommodation use of a total of 88
rooms (150 rooms/acre on total site, including the
allocation of 58 units from the Hotel Density
Reserve) and approximately 1,482 square feet (1.07
FAR on total site) of amenities accessory to the
hotel at a height of 72 feet (to roof deck)
Community Develcpment Board - June 16, 2009
DV A2008-00003 - Page 1 of 4
EXISTING
SURROUNDING
ZONING AND USES:
North: Tourist (T) District & Open Space /Recreation (OS/R)
District
City parking lot and Attached Dwellings
South: Tourist (T) District
Overnight accommodations and Automobile service
East: Tourist (T) District
Restaurant, Retail sales & services & Attached
Dwellings
West: Open SpacelRecreation (OS/R) District
City parking lot
ANAL YSIS:
Site Location and Existing Conditions:
The 0.60 acres is located between the south side of Avalon Street and the north side of Kendall
Street approximately 150 feet west of Mandalay Avenue. The site is comprised of eight parcels.
The eastern parcel on the north side of Kendall Street currently is developed with a detached
dwelling with the remaining seven parcels being vacant. On April 19, 2005 the Community
Development Board approved Ambiance on White Sands (FLD2005-0 1007), a IS-unit
condominium project to be constructed on seven of the eight subject parcels with setback
reductions and a height increase. Due to changes in the real estate market following the approval,
the proposed project was not marketable and the development approvals expired.
To the west on the Gulf of Mexico a City surface parking lot exists. The Sand Dollar Vacation
rentals and another City surface parking lot are located to the north of subject property. A
restaurant, otlice and retail use with dwellings above exists to the east of the subject site. The
Palm Pavilion Inn and a metal storage building are located to the south of the subject property.
All prior uses on this property have been demolished except for the detached dwelling on the
newly acquired parcel.
Development Proposal:
The development proposal includes a companion Flexible Development application (FLD2008-
12034) to permit an overnight accommodation use of a total of 88 rooms (150 rooms/acre on
total site, including the allocation of 58 units from the Hotel Density Reserve) and approximately
1,482 square feet (1.07 FAR on total site) of amenities accessory to the hotel (meeting room,
loungelbar and exercise room) at a height of 72 feet (to roof deck).
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 58 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
Community Devel~ment Board - June 16,2009
DV A2008-00003 - Page 2 of 4
allocation of units from the Hotel Density Reserve under Beach by Design and includes the
following main provisions:
o Provides for the allocation of 58 units from the Hotel Density Reserve;
o Requires the developer to obtain building permits and certificates of occupancy III
accordance with Community Development Code (CDC) Section 4-407;
o Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
o 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;
o 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; and
o The project shall comply with the Metropolitan Planning Organization's (MPO)
countywide approach to the application of concurrency management for transportation
facilities.
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.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of May 7, 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 0.60 acres is located between the south side of Avalon Street and the north side of
Kendall Street approximately 150 feet west of Mandalay Avenue;
Community Develq>ment Board - June 16, 2009
DV A2008-00003 - Page 3 of 4
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 Old Florida 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
(FLD2008-12034);
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 ofthe Comprehensive Plan;
4. That the Development Agreement is consistent with the Visions, Goals, Objectives and
Policies of Beach by Design and the Old Florida character district; and
5. That the Development Agreement complies with the criteria in Beach by Design for the
allocation of units from the Hotel Density Reserve.
Based upon the above, the Planning Department recommends the APPROV AL, and
recommendation to the City Council, of a Development Agreement between Panorama on
Clearwater Beach, Evangeline P. Samarkos - Trusteee, Michael A. Samarkos and Victoria
Harkey (the property owners) and the City of Clearwater, providing for the allocation of units
from the Hotel Density Reserve under Beach by Design, for the property at 20 Kendall Street.
Prepared by Planning Department Staff:
fi c5al(j~
A. Scott KurIeman, Planner III
ATTACHMENTS:
o Development Agreement with Exhibits
o Location Map
o Aerial Map
o Future Land Use Map
o Zoning Map
S:\Planning Department\C 0 B\FLEX (FLD)\Pending Cases\Up For The Next CDB\Kendall S 20 - Ambiance (T) - 6.16.09 CDB -
SK\Kendall St 020 Dev. Agree. Staff Report For 6.16.09 CDB.Doc
Community Develcpment Board - June 16, 2009
DV A2008-00003 - Page 4 of 4
Resume
A. Scott Kurleman
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4553
sco tt. kurleman(tl)mv clearwater .co m
PROFESSIONAL EXPERIENCE
. Planner III
. Planner II
August 2008 to present
June 2005 to August 2008
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual,
variance, and conditional use. Reviews and analyzes site plans and conducts field studies to
determine the integrity of development plans and their compatibility with surroundings.
Interdepartmental and zoning assistance. Respond as a City representative to citizens, City
officials, and businesses concerning ordinances and regulations. Make recommendations and
presentations at staff level at various review committees, boards, and meetings.
. Land Resource Specialist
City of Clearwater
June 1996 to June 2005
Coordinates with City Legal Department to initiate legal proceedings for non-compliance with
City land resource regulations. Landscape re-inspection program. Plans and directs program to
ensure that plant material installed per the approved landscape plan remains in a healthy growing
condition in perpetuity and restores deficient landscaped with new plant material. Certificate of
Occupancy Inspection. Perform inspections with contractors, owners, and City departments to
monitor the installation of required landscape material per an approved site plan. Process tree
permits ensuring that regulations governing the removal criteria are followed. Provide technical
tree evaluations for structural defects, hazards, proper pruning, and identification for trees on
public and private properties.
. Account Manager
Cherry Lake Farms, IMG Enterprise, Inc.
Groveland, FL
1993 - 1996
Supervised and managed existing territory accounts, while handling a strategic marketing plan.
Planned and directed in-field inspection program for landscape architects, municipalities and
private corporations. Prepared technical training modules for corporate employees and customers
regarding arboricultural techniques related to trees.
. Licensed Marketing Representative
Allstate Insurance Company
Clearwater, FL
1991 - 1993
Field inspections of insured structures. Policy service and account maintenance.
. Store Manager
William Natorp company, Inc.
Cincinnati, OH
1983 -1991
Managed a team of 20 sales people and sales associates in a landscape center. Responsible for
teams of employees including but not limited to payroll, budgeting, sales, store and equipment
maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared
for all outdoor products. Responsible for all indoor staff and horticultural products.
EDUCATION
GRADUATE - Certificate: Community Development, UNIVERSITY OF SOUTH FLORJDA,
TAMP A, FLORIDA. Currently pursuing.
BA in Business Administration, ST LEO UNIVERSITY, ST. LEO, FLORIDA.
Graduated July, 2002 Cum Laude. Major: Management
AA in Business Administration, ST PETERSBURG COLLEGE, FLORIDA.
Graduated 1998. Major: Management.
AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER,
Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in
Arboriculture.
ISA, International Society of Arboriculture, Certified Arborist, FL-0414.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated
2009, and entered into between PANORAMA ON CLEARWATER BEACH, LLC, a
Florida limited liability company ("DevelopeI'"), 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 ("Ci ty").
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;
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.
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.
WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No.
7925-08 proposed additional hotel units to equalize development opportunities on the
beach between overnight accommodations and attached dwellings and ensure Clearwater
Beach remains a quality, family resort community by further providing for a reserve of
additional hotel units ("Holel Density Reserve") to be made available for such mid-sized
hotel projects;
WHEREAS, the Developer controls approximately 0.60 acres of real property
("Property") in the corporate limits of the City, more particularly described on Exhibit A
attached hereto and incorporated herein.
WHEREAS, the Developer desires to develop the Property by replacing historic hotel
units and other uses in order to add 88 overnight accommodation units, minimal
banquet/meeting space for guest use, lounge/bar, new lobby and a parking garage with
ninety-four (94) parking spaces, generally conforming to the architectural elevation
dimensions shown in composite Exhibit B.
\VIJEREAS, upon completion the planned hotel will contain eighty-eight (88) units,
which includes fifty-eight (58) 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;
ORIGINAL
RECEIVED
,. .- - .'.""'1
PLANNING DEPARTMENT
CITY OF CLEARWATER
\VHEIZEAS, the City has determined that, as of the Effective Date ofthis Agreement, the
proposed project is consistent \\lith the City's Comprehensive Plan and Land
Development Regulations;
WHEREAS, the City has conducted public hearings as required by S 4-206 and 4-606 of
the Community Development Code;
WHEREAS, at a duly called and advertised public meeting on , 2009, the
City Council approved this Agreement and authorized and directed its execution by the
appropriate officials of the City;
WHEREAS, the Community Development Board approved the design and site plan as
FLD2008-12034 on ,2009 conditioned upon the approval and execution of
this Agreement;
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 pariies 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 iri this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in tbe Act.
SECTION 3. Property Subject to this Agreement. The Property described in Exhibit
"A" is subject to this Agreement ("Property").
3.1 The Property currently bas a land use designation of Resort Facilities High (RFH)
and is zoned Tourist (T).
2
3.2. The Property is owned in fee simple or under contract to be owned in fee simple
by the Developer. Such contract is evidenced by the affidavit attached as Exhibit C and
contingent upon the passage ofthis Agreement.
3.3 The Property is generally located at 20 Kendall Street and adjacent parcels as
more further described in Exhibit A.
SECTION 4. Scope ofProiect
4.1 The Project shall consist of no more than 88 overnight accommodation units.
Such units may be traditional hotel rooms or fractional ownership units, as defined by the
Community Development Code.
4.2 The Project shall include 94 parking spaces, as shown on the plans in Exhibit B
and approved pursuant to FLD 2008-12034.
4.3 The design of the Project, as represented in Exhibit B, shall include, pursuant to
Beach by Design:
4.3.1 Access to units shall be provided through a lobby and internal
corridors.
4.3.2 A reservation system and desk area open to hotel guests, typical of
a hotel shall be included in the lobby area of the Project.
4.4 No more than 25 % of overnight accommodation units shall have full kitchens.
4.5 Fractional share units may be sold to Owners for periods of time greater than 30
days but stays shall be limited to stays of no more than 60 consecuti ve clays.
4.6 The Project shall comply with the Metropolitan Planning Organization's (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
4-606G. 2.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shaH record the Agreement with the Clerk of the Circuit Court for
PinelIas County. The Developer shall pay the cost of such recording. The City shall
submit to the Depaliment of Community Affairs a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
3
. 5.3 I'his Agreement shall continue in effect until terminated, as cleGneclllcrein, but for a period not to exceed
ten (10) ycars.
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 ofthe 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 FLD200812034, including any conditions.. 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 tt1e 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 Pine lIas 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. The elate on
which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing
herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisjons
of the Code and ofihe Florida Building Code or from seeking an amendment to thjs Agreement.
6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant,
substantially in the form of Exhibit D, that the accommodation use will close as soon as practicable after a
hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
4
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 the covenant of unified llse and
development for the Project Site providing that the Project Site sball be developed and
used as a single project, the form of which covenant is attached as Exhibit E; 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. 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 tbe Project and notifies the City
of its election in writing, 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. Alternatively, as of the date of expiration,
temlination or revocation of 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.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to
Reserve PooL Covenant Regarding Use of 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 additional fifty-eight (58) 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 units granted to the Developer from the Hotel Density Reserve
are not constructed in conjunction with the Project approved by FLD 2008-12034 and in
accordance with Paragraph 6.1.3.2, or if any units of the Project fail to meet and maintain
the criteria for Hotel Density Reserve units contained in 'City of Clearwater Ordinance
No. 7925-08, said units shall be returned to the Hold 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 hereby agrees to
execute and record a Covenant in the Public Records of Pinellas County, Florida
restricting the Hotel Density Reserve Units to the use approved by FLD2008-012034 and
by this Agreement, to the extent permitted by Chapter 712, Florida Statutes (2008).
6.1.6 Transient Use. Occupancy in the hotel units is limited to a term of less
than one month or 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 30 days.
Owners of such units may occupy units for no more than 60 consecutive days.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan applications for
the Property tbat are consistent with the Comprebensive 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:
5
6.2.2.] 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, the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 58 units from
the I-Iotel 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.
/.4 Drainage facilities [or the Property will
Developer's sole expense.
be provided b.y the Developer at
.1-.0
l.ll'-'
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 celiificate 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);
8.3 Building permit(s); and
6
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, is consistent with the City Comprehensive
Plan and the Code.
SECTION 10.
Termination.
10.1 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 fl.llfillecl 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
ane! an opportunity for the Developer to be heard.
SECTION 11.
Other Terms and Conditions.
11.1 Except in the case of tennination, until ten (l0) 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 011 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. Compliance 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, tenns 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:
Panorama on Clearwater Beach, LLC
ATTN: Mr. Dday Lele
691 S. Gulfview Blvd.
Clearwater, FI., 33767
7
\Vith Copy to:
E. D. Armstrong TII, Esq.
Johnson Pope Bokor Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
Uto City:
City of Clearwater, City Attorney
A TTN: Pamela Akin, Esg.
112 South Osceola Avenue
Clearwater, FI., 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of band delivery, tbe next business day after deposit
with an overnight courier service for next day delivery, or on the third 3rd clay follmving
deposit in tbe United States mail, certified mail, return receipt requested. The parties may
change tbe 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 tbe 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 U 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 ofthe 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 enti ty 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
assigml1ents or transfers imposed by this Agreement, provided, however, tbat notice of
such assignment shall be given by the Developer to the City not less than thirty (30) clays
prior to such assignment being effective and the assignee shall be bound by the terms of
8
this Agreement to the same extent as would tbe Developer 111 the absence of such
assignment.
] 4.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to anyone Parcel shall in any way be
obljgated 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 otber provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
su bject to tbe requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to the
benefit ofthe 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 non-
compliance, 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.
~E.CTION 17. Approvals. Whenever an approval or consent is required under
\)1' 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. COllllJletion of Agreement. Upon the completion of performance
of tbis 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
9
scope or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreemen t. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include tbe 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 ofland 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 may be executed 111
counterparts, all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
10
IN WITNESS WHEREOF, the parlies have hereto executed this Agreement the
date and year first above written.
\VITNESSES:
PANORAMA ON CLEARWATER
BEACH, LLC, a Florjda limited liabjlity
co m pany
By:
Prjntec1 Name:
Uday Lete, Managjng Member
Prjntecl Name:
CITY OF CLEAR\V ATER, FLOFJDA
Prjntecl Name:
By:
Wjl1iam B. I-Iome II, Cjty Manager
Printed Name:
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to FOlln:
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this_day of
2009, by Uday Lele, as Managing Member of PANORAIvlA ON CLEARWATER
BEACH, LLC, a Florida limited liability company, on behalf of the company. He is _
personally known to me or _ has produced as identification.
Notary Public
Print Name:
11
STATE OF FLOIZIDA
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 _ produced as identification.
Notary Public
Print Name:
Exhibit E
Legal Description
Site Plan
Affidavit of Owner re Contract
Covenant regarding Hurricane Evacuation and Development, Use and
Operation
Covenant of Unified Use
Exhibit A
Exhibit B
Exhibit C
Exhibit D
#468360 v7 - AMBIANCE.draft development agreement
12
EXHIBIT A
Legal Description of Project Site
Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH,
according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public
Records of Pinellas County, Florida.
Parcel Numbers:
OS/29/15/16362/007/0050
OS/29/15/16362/007/0060
OS/29/15/16362/007/0070
OS/29/15/16362/007/0071
OS/29/15/16362/007/0080
OS/29/15/16362/007/0081
OS/29/15/16362/007/0140
OS/29/15/16362/007/0130
EXHIBIT B
Site Plan
EXHIBIT C
Affidavit of Owner re Contract
EXHIBIT D
COVENANT REGARDING HURRlCANE 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 PANORAMA
ON CLEARWATER BEACH, LLC" a Florida limited liability company ('lDeveloper").
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.
Tbe designation of Clearwater Beach as a Community Redevelopment District
(the I'Designation") provides for the allocation of I-Iotel Density Reserve Units as an
incentive for the development of mid-size 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 hun-icane 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 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 celiain 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 aclmowledged, 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 tbe 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 Develo)Jlnent Use and ODeration. Developer hereby
covenants and agrees to the development, llSe and operation of the Real
Property in accordance with the provisions of this Declaration.
2.1 Use. The use of the resort on the IZeal Property is restricted as
follows:
2.1.1 A l111l11mUm of fifty-eight (58) hotel 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 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
hotel unit shall be used as a primary or permanent
residence.
2.1.2 All other units shall be licensed as a public lodging
establishment, a portion of which may be classified as a
fractional share unit. Except for such fractional share units
in which owners may stay for up to 60 consecutive days,
occupancy is limited to stays of one month or thirty (30)
consecutive days, whichever is less. No unit shall be used
as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public
lodging establishment," Ilhotel, II "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 wam of the
approach of hurricane force winds, the closure and evacuation
2
prOViSIOns of this Declaration shall be governed by the level of
warning employed by the National Hurricane Center which
precedes the issllal1ce of a forecast of probable landfall in order to
ensure that the guests, visitors and employees will be evacuated in
advance ofthe 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 evidenced
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 Pin ell as County, Florida.
6 Attomeys' 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 paiiies or through order of a comt 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 be 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 by law.
[SIGNATURES PAGES TO FOLLOW]
3
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed
this _, day of2009.
WITNESSES:
PANORAMA ON CLEARWATER
BEACH, LLC
By:
Printed Name:
Uday Lele, Managing Member
Printed Name:
CITY OF CLEARVlATER, FLORIDA
Printed Name:
By:
William B. I-Iome II, City Manager
Printed Name:
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Franlc 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 ,
2009, by UDAY LELE, as Managing Member of PANORAMA ON CLEARWATER
BEACH, LLC, a Florida limited liability company, on behalf of the company. He is
personally Imown to me or who ~ produced as identification.
Notary Public
Print Name:
4
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was aclmowJedged before me this _day of ,2009, by
\VILLIAM 13. HORNE, II, as City Manager of the City of Clearwater, Florida, who is
__ personally known to me or who _ produced as identification.
Notary Public
Print Name:
5
SCHEDULE A
Lots 5,6,7,8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH,
according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public
Records of Pinellas County, Florida.
Parcel Numbers:
OS/29/15/16362/007/0050
OS/29/15/16362/007/0060
OS/29/15/16362/007/0070
OS/29/15/16362/007/0071
OS/29/15/16362/007/0080
OS/29/15/16362/007/0081
OS/29/15/16362/007/0140
OS/29/15/16362/007/0130
EXHIBIT E
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, Florida 33756
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day
of , 2009 by PANORAMA ON CLEARWATER BEACH, LLC, a
Florida limited liability company C'Developer").
\VITNESSETH:
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 ana me City of Clearwater, Florida (the "City") arc
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
acJmowledged, Developer does hereby agree that, effective as of the elate 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
Proj ect, 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 ownersbip), to separate, lmrelatec1 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 bave the right to enforce the terms and conditions of this
Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator and all Fractional Share Units may be operated by a different, single
management firm/operator.
IN WITNESS WHEREOF, Developer bas caused this Agreement to be executed
this _ day of ,2009.
WITNESSES:
PANORAMA ON CLEARWATER
BEACH, LLC, a Florida limited liability
company
By:
Printed Name:
Uday Lele, Managing IvIember
Printed Name:
2
CITY OF CLEARWATER, FLORIDA
Printed Name:
By:
William B. Home n, City Manager
Printed Name:
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, 1vIayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was aclmowledged before me this_day of
2009, by UDA Y LELE, as Managing Member of PANORAMA ON CLEARWATER
BEACH, LLC, a Florida limited liability company, on behalf of the company. He is
personally known to me or who _ produced as identification.
Notary Public
Print Name:
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, wbo is
_ personally known to me or who _ produced as identification.
Notary Public
Print Name:
3
SCHEDULE A
Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH,
according to the plat thereof as recorded in Plat Book 11 J Page 5 of the Public
Records of Pinellas County, Florida.
Parcel Numbers:
OS/29/15/16362/007/0050
OS/29/15/16362/007/0060
OS/29/15/16362/007/0070
OS/29/15/16362/007/0071
OS/29/15/16362/007/0080
OS/29/15/16362/007/0081
OS/29/15/16362/007/0140
OS/29/15/16362/007/0130
',. J\
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
\NEST:
EAST:
~ Clearwater
o~
~
Planning Department
100 South Myrtle Avenue
Clearwater, Flonda 33756
Telephone: 727-562-4567
Fax: 727-562-4865
lJ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
lJ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION Including folded site plans
o SUBMIT APPLICATION FEE $
DEVELOPMENT AGREEMENT APPLICATION
(Revised 05f22/02)
-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
Panorama on Clearwater Beach, LLC,
APPLICANT NAME: a Florida limited liahility ~ompany
MAILING ADDRESS: 691 S. Gulfview Boulevard, Clearwater Beach, FL 33767
PHONE NUMBER: (727) 421-1250 FAX NUMBER:
I
CELL NUMBER: EMAIL ADDRESS:
Applicant AND Evangeline P. Samarkos, as Trustee of the Evangeline
PROPERTY OWNER(S): ~..m"rkos Be" Tr'lst HAD '3/27/0f. Michael A Samarkos, Uictoria Har
(Must Include ALL owners) .. ,
c/o 106 Midway Island. Clearwater, FL 33767-2313
AGENT NAME: ~1J)jQD:~, &~~V0 &~ lA-JO L[t....., 8
MAILING ADDRESS:~ 0 ~{- 4lJ-~~( e.J~kf.uc FL ~?:J/S~
PHONE NUMBER: 'l-i- J - 45 S. 41'S} FAX NUMBER: I.:J 7~ 4~/-1tj4?
P.
ey
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS:
20 Kendall Street (and ad;.oininK vacant parcels)
See Exhibit "A" attached.
LEGAL DESCRIPTION:
PARCEL NUMBER:
See Exhibit "A" attached - 8 parcels.
PARCEL SIZE: 0 . 6 ac re
(acres, square feet)
PROPOSED USE AND SIZE: 88'-unit overnight accommodations (see Development Agreement'
(number of dwelling units, hotel rooms or square footage of nonresidential use)
for detailed description)
DESCRIPTION OF ANY RELATED REQUEST(S):
Flexible development approval of a comprehensive infi11 redevelopment project.
(approval of a developmentlnclude all requested code deviations; e.g. reduction In required number of parking spaces, speclflc use, etc.)
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVlOUSL Y APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN?YE.~ ....x.. NO _ (If yes, attach a copy of the applicable
documents) 58 units from the Hotel Density Reserve
Page 1 of 5 - Development Agreement Application - City of Clearwater
B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B)
An application for approval of a development agreement shall be accompanied by the following (use separate sheets or Include In a formal report):
a STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS
a DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WlLL SERVE THE
DEVELOPMENT;
a DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING
INTENSITIES AND HEIGHTS;
a INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WlLL BE REQUIRED IF THE PROPOSED DEVELOPMEt>
PROPOSAL INERE TO BE APPROVED;
a ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES;
CJ COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WlTHIN 200 FEET OF THE SUBJECT
. PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE INEEK PRIOR TO THE FILING OF AN APPLICATION.
C. PROOF OF OWNERSHIP: (Section 4-202.A)
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)
a Provide the followlng contents to the development agreement, as follows:
Contents. The approved development agreement shall contain, at a minimum, the following Information:
a. A legal description of the land subject to the development agreement.
b. The names of illI 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; tJ e
date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities a d
services; and a schedule to assure that the public facilities and services are available concurrent with the Impacts of the development. TI e
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 It e
estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and serviel S
required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complet d
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 cod .
Additionally, a finding that the requirements for concurrency as set forth In Article 4 Dlvlsip.n 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 healt ,
safety or wel'are of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental 0
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 relie e
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 e
commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futu e
development approvals, the termination of the development agreement. or the withholding of certificates of occupancy for the failure of It e
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 t II,
all successors In Interest to the parties to the development agreement.
m. All development agreements shall specifically state that subsequently adopted ordinances and codes ofthe city which are of general application
not goveming the development of land shall be applicable to the lands subject to the development agreement, and that such modifications a e
specifically anticipated In the development agreement.
Page 2 of 5 - Development Agreement Application - City of Clearwater
,-
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A)
CJ SIGNED AND SEALED. SURVEY (including legal description of property) - .One original and 12 copies;
CJ COpy OF RECORDED PLAT, as applicable;
CJ PRELIMINARY PLAT, as required;
lJ LOCATION MAP OF THE PROPERTY.
a TREE SURVEY (Including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and locallon,
Including drip lines.)
CJ GRADING PLAN, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
CJ SITE PLAN wtth the following Information {not to exceed 24" x 361:
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;
An required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wellands, tree masses, and specimen
trees. Including description and location of understory, ground cover vegetation and wildlife habitats, ete;
Location of ali public and private easements;
Location of all street rights-of-way within and adjacent 10 the site;
Location of existing public and private utilities, inciuding fire hydrants, storm and sanitary sewer lines, manholes and Iiflstations, 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 lan'dscaped areas;
Location of all refuse collection facilities and all required screening (min. 1 O'x12' clear space);
Location of all landscape material;
Location of all onslte and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Locallon of all existing and proposed sidewalks.
CI SITE DATA TABLE for existing, required, and proposed development, In writlenltabularform:
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;
Offtclal records book and page numbers of all existing utility easement;
Building and structure heights
Impermeable surfaca ratio (I.S.A.); and
Floor area raUo (F A.A.) for all nonresidential uses.
CI REDUCED SITE PLAN to scale (8 Y. X 11) and C9lor rendering If possible;
CJ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additlonallnforrnalion on site plan:
One-fool contours or spot elevations on site;
Offsite elevallons 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 arborisr, of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
Page 3 of 5 - Development Agreement Application - City of Clearwater
G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4.1102.A)
o LANDSCAPE PLAN:
All exlstlng and proposed structures;
Names of abutting streets;
Drainage and retention areas Indudlng swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight vtslbllity triangles;
Delineation and dimensions of all parking areas Including landscaping islands and curbing;
Proposed and required parking spaces;
Exlstlng trees on-site and immediately adjacent to the site, by spedes, size and locations, Including dripllne;
Location, size, description, specifications and quantities of all existing and proposed landscape materials, Including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants Including Instructions, soli mixes, backfilling, mUlching and
protective measures;
Interior landscaping areas hatched andlor 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.
o REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible);
o IRRIGATION PLAN (required for level two and three approval);
o 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 Inflll Redevelopment Project or a Residentlallnfill Project.
o BUILDING ELEVATION DRAWINGS - all sides of all buildings induding height dimensions, colors and materials;
o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 %X 11) (black and white and color rendering, If
possible) as required. -
I. SIGNAGE: (Division 19. SIGNS I Section 3.1806)
o Comprehensive Sign Program application, as applicable (separate application and fee required).
o Reduced slgnage proposal (8 % X 11) (color), If submitting Comprehensive Sign Program application.
J. TRAFFIC IMPACT STUDY: (Section 4.S01.C)
o Include as required If proposed development will degrade the acceptable level of servtce for any roadway as adopted In the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
K. SI~NATURE:
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this 2." f1...-day of
November ,A.D. 2008 to meandlor by
Katherine E. Cole .' whOls personally known ~
~~XXXXXXXXXXXXXXXXXXXXXXXXXKXXXXXX~
~~x .
E"oA-, III
~t.~
My commission emlres:
,:o~~~f' Jayne E. Sears
f~&~ CvrnnllSSlon # 00449633
~~.....,.<<.: Expires September 2,~..
"'w.~1f'~"" r"" FIlA -1nsut.....1tlC. 8llO4ll5.1\)\9
Page 4 of 5 - Development Agreement Application - City of Clearwater
. ,.
EXHIBIT "A"
Le~al Description
Lots 5,6,7,8,13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH,
according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public
Records of Pinellas County, Florida.
Parcel Numbers
Owned by Panorama on Clearwater Beach, LLC:
OS/29/15/16362/007/0050
OS/29/15/16362/007/0060
OS/29/15/16362/007/0070
OS/29/15/16362/007/0071
OS/29/15/16362/007/0080
OS/29/15/16362/007/0081
OS/29/15/16362/007/0140
Owned by Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos
Revocable Trust, UAD 3/27/06, Michael A. Samarkos and Victoria Harkey:
OS/29/15/16362/007/0130
EXHIBIT "B"
TO DEVELOPMENT AGREEMENT APPLICATION
Ambiance
20 Kendall Street
Section 8.2
Requirements:
Development Agreements Supplemental Submittal
· Statement of the requested duration of the development agreement, which
shall not exceed ten years.
The proposed duration of the development agreement is 1 0 years and is stated
as such in the development agreement.
· Description of all existing and proposed public facilities and services that
serve or will serve the development.
The development will be served by City of Clearwater utilities and solid waste as
stated in the development agreement.
· Description of the uses desired to be permitted on the land, including
population densities and building intensities and heights.
The proposed use is a hotel consisting of $8 overnight accommodation units,
with a maximum height of 74'-4".
· Identification of zoning district changes, code amendments that will be
required if the proposed development proposal were to be approved.
The proposed use is allowed in the current zoning district (''T") and land use
designation ("RFH").
· Zoning and land use categories of all adjoining properties.
Zonin Land Use
North OS/R Recreation/Open
west S ace
North Tourist Resort Facilities
east Hi h
East Tourist Resort Facilities
Hi h
South Tourist Resort Facilities
Hi h
West OS/R Recreation/Open
S ace
· Complete names and addresses of all owners of properties abutting or
lying within 200 feet of the subject property as currently listed in the county
records as of one week prior to the filing of an application.
See list prepared by Pinellas County Property Appraiser which is attached hereto
as Exhibit "C." [Intentionally omitted from this submittal] .
#469999 v1 . Lele/Ex to OVA
2
}g~:\~I~J~2j C~l?~) fr'" r-
4[17
I U : ~)L12.qLJ 137
PAGE 01
P.1
~...'.-Cl
~V
CITY OF CLEARWATER
AFFIDA VIT TO AUTHORIZE AGENT
PLANNING & DEVriLOPMENT SERVICES ADMINlSTHATION
MUNICIPAL SHINlCES RUILDfNG, lOa SOlITH MYRTLH AVENUE, 2n~ fir.OOR
PHONE (727).5t,Z-45fi7 FAX (727) ~i(l2-~~76
,,~-...,.' - "~'~~"'~~7"Y q.....'r''''''~..><......~,..,~--'~,....-T..>>HIm~~''".,.i'''J.I..~'lw.....LJO(].......''''''-,U;.~.<c,"'~Ii..._".""". ~ -; ~~, ~~ ---,o!""*,",, 11
gVElJlgol1,rJa P 8amrlxkql'l, Revocflhle 1'l"'uat c/o BatT)llr)wll, 8vl'lrl~relj,na f' Tr
..............._~----.-..-._~~.
1N1IIfIll of ~II (>mp.f1v 11Wnll'.l "'_._-,
'I. That (I am/we are) tha owner(s) and record title holdar(e) of t~H~ followIng deacrlbad property:
20 K~l1dal:l. Si:r<:at, Clearwat:el.' Belich, FL
~-'iI---"'~~~" ~--~~-..--
t2 ~ tJ5.. t..!Js. I ~,:~/~ ~.DQJ.,{Q l ?JQ.
(Ad<l(a-;;a~6;i;TIMii'ij~;;j'-~-'~-
2. That thIs property oonstitutes the property for whloh a requagt for a:
.2:!..-~naien1; un~<:,~,J:.::~deltiC>~,~~~ fracUonal unJtf;! i s pn~5erlUU~.ru:!ing .befor~
/~lal[/PIl 0/ fflqUl!ll!)
...............
~L That the undersigned (has/have) appointed and (does/do) appoint
-,~oopar., -?It ~t1ri0 tbWIl#. iLl-.
jj~ (hlli11hllli) .ilijMt(_j to IlI>t"(!lj'Q O1ny patl/lM~ ilr llihnr r!<lClImM1t& I1ll<mtallly In of1<lCt i1uch j)'Jflilol\;
4. That thIs affidavit has bean exeoutedto Induce the City of Clemviafer, FlorIda to consider and ~ct
on the abOve desoribed pmparty;
5. That (llwe), the undarslgned authorIty, hereby Cf.l~~_fhat the fu~a~tl~ilg 10 trua,~nd <,mrreot. 4.. )
. i(;;act1~ {~t::.t0U.'G .~Ll"}L.tJejJu.v:
. ~"rt1/Owmlr I (
"P<<'fI<ltly ~;:;r
aTIt if: OF FLORIDA,
COUNTY (II' PllllEUJlS I}l
~y!'
afl'/7~rr'i ~he U1idl.'lr!lJQflad. ~n oftloor duly commli'sfont1Jd y till'llaW6 of thO Slatm of ""Iorld~. on tllfs day 01
, ~ p&I'tlMl'Illy uppel'lrl!ld 'C) v <:". .' <<:, Who having b6a1'1 I'Bt duly swam
d&iP08f1tQ nd llll~ il1tlt ~~)I,JUY undemUmdll Ilia entill Dr thell dav IhOt t( ___~, ned. j
r~' (~, "?{l '} ,I
'4,A ) t1ifllL ~~'1! Zr'",t::lJll>'Z
j \./ NohHV Public
My Comml!slon Elltpfrea:
(!}D~!'
/~) dO 1(,1
I
-,
"'~:J:~'~~;"" SHARON SKINNER
· (f!':if:n Notary Public. State of Florida
\,Wti My Gomm. Expires Ott16. 2012
"':.lOFfI.~' ComrrHnlon II 00 831684
IJHtU\'
- ...".....
(f; appllOlltkln 1011t1I1ftfaI,Mlaptl1anll'llllllawll'lffldllVll to AlIl1lor/le ~n!
. ' . j(~\~L~b.~~
'01:S~'
'.2:> ,'.If.~ . '"
~(~ .;:
~~E~.\i
~.....a.r
CITY OF CLEAR\7V A TER
AFFIDAVIT TO AUTHORIZEr: AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNlerl' AL SEINICES I3U I LDJNC, 100 SClUTII MYRTLE A vr<:I\)L!I":. 2,,,1 FLOOR
I'HONE (727)-562-456'( FAX (I27) 5b2-45'((i
Oday Lele, Managing Member, Panorama on Clearwater Beach
--~~~------
. (l'-Iol1le of all properly owners)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
Lotes 5, 6, 7 ( 8 6< 14, Block 7 f CleaTwater Beach, Florida
(Address or General Location)
2. That this property constitutes the property for which a request for a:
74 transient unit accommodations and 14 fractional units
tJ.5.2f/'S. J&!JI;t~A(J1. (}(}50) ool&..J ()070~ tJtJ1J/ fJ/Jtlo, tJ(JA~ ())~
(Nature of request)
3. That the undersigned (has/have) appointed and (does/do) appoint
Ed Hogper / y.L!t ttoJSlLJ ~UJf. vJ . it.t!.
as (his/their) agent(s) to execute any petitions Dr other do.2ments 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; Q
5. That (I/we), the undersigned authority, hereby certify that the fore,~6i~g is true and/spr(~~t2.
. //"-, -~ ~
/./" ..~..._-_..,
Propelty Owner F
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
\ \\ Before me the undersigned, an officer duly commissiq!l. ed by the~~s q! the State of FI.orida. on this ~ ~ day of
~~,_(;U/\ ,~, \.')<..'\ personally appeared ,,,')~"::,<!v.J\ AC:~ C _ . who having been first dull' sworn
depose'!> and sal's that he/she fully understands the contents dt the afficlav~at he. IS. he 5~~: . \ .
~~~~ ~~~~ ~,-' .
My Commission Expires: .~' '''clL,.- 'dC\ \::.' ~-:t\: ~\?:,\')"'\~ " \cJ<f:Jt.'-1
s: apptication forms/development review/Affidavit to Authorize Agent
~\\twrf ljHt~~~! VgCK~~rf~V
1.IO\illV I:!(!fjiic, t\tilt,j \II ~;'Imldu
G(HrmC!if:~Hkm~) DIJ; [1802'~ n.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated
2009, and entered into between PANORAMA ON CLEAl<-WATER BEACH, LLC, a
Florida limited liability company ("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;
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.
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.
WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No.
7925-08 proposed additional hotel units to equalize development opportunities on the
beach between overnight accommodations and attached dwellings and ensure Clearwater
Beach remains a quality, family resort community by further providing for a reserve of
additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized
hotel projects;
WHEREAS, the Developer controls approximately 0.60 acres of real property
("Property") in the corporate limits of the City, more particularly described on Exhibit A
attached hereto and incorporated herein.
WHEREAS, the Developer desires to develop the Property by replacing historic hotel
units and other uses in order to add 88 overnight accommodation units, minimal
banquet/meeting space for guest use, lounge/bar, new lobby and a parking garage with
ninety-four (94) parking spaces, generally conforming to the architectural elevation
dimensions shown in composite Exhibit B.
WHEREAS, upon completion the planned hotel will contain eighty-eight (88) units,
which includes fifty-eight (58) 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;
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;
WHEREAS, the City has conducted public hearings as required by 9 4-206 and 4-606 of
the Community Development Code;
WHEREAS, at a duly called and adveliised public meeting on , 2009, the
City Council approved this Agreement and authorized and directed its execution by the
appropriate officials of the City;
WHEREAS, the Community Development Board approved the design and site plan as
FLD2008-12034 on ,2009 conditioned upon the approval and execution of
this Agreement;
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 ili 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 Subject 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).
2
3.2. The Property is owned in fee simple or under contract to be owned in fee simple
by the Developer. Such contract is evidenced by the affidavit attached as Exhibit C and
contingent upon the passage of this Agreement.
3.3 The Property is generally located at 20 Kendall Street and adjacent parcels as
more further described in Exhibit A.
SECTION 4. Scope of Project
4.1 The Project shall consist of no more than 88 overnight accommodation units.
Such units may be traditional hotel rooms or fractional ownership units, as defined by the
Community Development Code.
4.2 The Project shall include 94 parking spaces, as shown on the plans in Exhibit B
and approved pursuant to FLD 2008-12034.
4.3 The design of the Project, as represented in Exhibit B, shall include, pursuant to
Beach by Design:
4.3.1 Access to units shall be provided through a lobby and internal
corridors.
4.3.2 A reservation system and desk area open to hotel guests, typical of
a hotel shall be included in the lobby area of the Project.
4.4 No more than 25 % of overnight accommodation units shall have full kitchens.
4.5 Fractional share units may be sold to Owners for periods of time greater than 30
days but stays shall be limited to stays of no more than 60 consecutive days.
4.6 The Project shall comply with the Metropolitan Planning Organization's (MPO)
countywide approach to the application of concurrency management for
transpOliation facilities.
SECTION 5. Effective DatefDuration of this Ae;reement.
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
4-6060. 2.
5.2 Within fomieen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Comt for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Depmiment of Community Affairs a copy of the recorded Agreement
within fomieen (14) days after the Agreement is recorded.
3
5.3 Tl'ris Agreement shall continue in effect until terminated, as defined berein, 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 ofthe Property, the Developer will submit such applications and
docurnentation 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 ofthe Property:
6.1.3.1 The Property and improvements located thereon shall be developed in substantial
conformance with the Site Plan atiached as Exhibit "B" and approved by the Community Development Board
("CDB") as case number FLD200812034, including any conditions.. Any minor revisions or changes to the Site
Plan shall be consistent with the approved Site Plan and shall be approved by the Plamling 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 Pin ell as 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. The date on
which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing
herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions
orthe 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 D, that the accommodation use will close as soon as practicable after a
hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
4
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 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 E; 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. 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, 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. Alternatively, as of the date of expiration,
termination or revocation of 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.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to
Reserve Pool; Covenant Regarding Use of 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 additional fifty-eight (58) hotel units to the Project site in accordance
with applicable law. In the event this Agreement is terminated pursuant to Section lOaf
this Agreement or if any units granted to the Developer from the Hotel Density Reserve
are not constructed in conjunction with the Project approved by FLD 2008-12034 and in
accordance with Paragraph 6.1.3.2, or if any units of the Project fail to meet and maintain
the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance
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 hereby agrees to
execute and record a Covenant in the Public Records of Pinellas County, Florida
restricting the Hotel Density Reserve Units to the use approved by FLD2008-012034 and
by this Agreement, to the extent pennitted by Chapter 712, Florida Statutes (2008).
6.1.6 Transient Use. Occupancy in the hotel units is limited to a term of less
than one month or 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 30 days.
Owners of such units may occupy units for no more than 60 consecutive days.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan applications for
the Propeliy that are consistent with the Comprehensive Plan and the Concept Plan and
t11at 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:
5
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, the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 58 units from
the I-lotel 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
transpOliation 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 Propeliy 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 govermnent
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);
8.3 Building permit(s); and
6
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, is consistent with the City Comprehensive
Plan and the Code.
SECTION 10.
Termination.
10.1 If the Developer's obligations set forth in this Agreement are not followed in a
timely mmmer, 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 tennination, 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. Compliance 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, tel111S 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):
Ifto the Developer:
Panorama on Clearwater Beach, LLC
ATTN: Mr. Vday Lele
691 S. GulfviewBlvd.
Clearwater, FL 33767
7
With Copy to:
E. D. Armstrong III, Esq.
Johnson Pope Bokor Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
Uto 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 third 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 assiglID1ent of the Project, or any pari thereof, by the Developer to any
corporation, limited parinership, 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 j oint venture or other arrangement shares equal
management rights and maintains such controlling interest or equal management rights
shall not be deemed an assigm11ent or transfer subject to any restriction on or approvals of
assigmnents 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
8
this Agreement to the same extent as would the Developer 111 the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquireI' of aU or any part of the
Developer's rights and obligations with respect to anyone 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
su bject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to the
benefit ofthe City, and its successors and assigns, and tbe 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 non-
compliance, 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.
~,~.CTION 17. ApDrovals. Whenever an approval or consent is required under
ur contemplated by this Agreement such approval or consent shall not be umeasonably
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 tbis 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 ofthe City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhi bits 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 clo not define or limit the
9
scope or intent and should not be used in the interpretation of any section, subsection or
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 ofthis 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.
construed in accordance with the laws
conflict of laws principles of such state.
This Agreement shall be governed by, and
of the State of Florida without regard to the
SECTION 24. Counterparts. This Agreement may be executed 111
counterparts, all of which together shall continue one and the same instnunent.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
10
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
WITNESSES:
PANORAMA ON CLEARWATER
BEACH, LLC, a Florida limited liability
company
By:
Printed Name:
Uday Lele, Managing Member
Printed Name:
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II, City Manager
Printed Name:
Printed Name:
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to F0I111:
Leslie K. Dougall-Sides
Assistant City Attol11ey
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this_day of ,
2009, by Delay LeJe, as Managing Member of PANORAMA ON CLEARWATER
BEACH, LLC, a Florida limited liability company, on behalf of the company. He is _
personally known to me or _ has produced as identification.
Notary Public
Print Name:
1 ]
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 lmown to me or who _ produced as identification.
Notary Public
Print Name:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Legal Description
Site Plan
Affidavit of Owner re Contract
Covenant regarding Hurricane Evacuation and Development, Use and
Operation
Covenant of Unified Use
Exhibit E
#468360 v7 - AMBIANCE.draft development agreement
12
EXHIBIT A
Legal Description of Project Site
Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH,
according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public
Records of Pinel/as County, Florida.
Parcel Numbers:
OS/29/15/16362/007/0050
OS/29/15/16362/007/0060
OS/29/15/16362/007/0070
OS/29/15/16362/007/0071
OS/29/15/16362/007/0080
OS/29/15/16362/007/0081
OS/29/15/16362/007/0140
OS/29/15/16362/007/0130
EXHIBIT B
Site Plan
EXHIBIT C
Affidavit of Owner re Contract
EXHIBIT D
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 PANORAMA
ON CLEARWATER BEACH, LLC" a Florida limited liability company ("Developer").
Developer is the owner of fee simple title to the real property described in
Schedule I 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-size 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 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 Propeliy.
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 Ci ty
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 TZeal Property is restricted as
follows:
2.1.1 A mll1UTIum of fifty-eight (58) hotel 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 days or less, must be licensed as a public
lodging establislm1ent and classified as a hotel, and must be
operated by a single licensed operator of the hotel. No
hotel unit shall be used as a primary or permanent
residence.
2.1.2 All other units s11all be licensed as a public lodging
establishment, a portion of which may be classified as a
fractional share unit. Except for such fractional share units
in which owners may stay for up to 60 consecutive days,
occupancy is limited to stays of one month or thirty (30)
consecutive days, whichever is less. 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 110tel 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
Flotel guests, visitors and employees other than emergency and
security personnel required to protect the resort, shalI 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
2
provlsJOns of this Declaration shall be governed by the level of
warning employed by tbe 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 evidenced
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 Pine lias County, Florida.
6 Attorneys' 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 be 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 by law.
[SIGNA TURES PAGES TO FOLLOW]
3
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed
this _, day of 2009.
WITNESSES:
PANORAMA ON CLEARWATER
BEACH, LLC
By:
Printed Name:
Uday Lele, Managing Member
Printed Name:
CITY OF CLEARW.ATER, FLORIDA
Printed Name:
By:
William B. Home II, City Manager
Printed Name:
Attest:
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 aclmowledged before me this _day of
2009, by UDAY LELE, as Managing Member of PANORAMA ON CLEARWATER
BEACH, LLC, a Florida limited liability company, on behalf of the company. He is
personally known to me or who _ produced as identification.
Notary Public
Print Name:
4
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 _ produced as identification.
Notary Public
Print Name:
5
SCI-IEDULE A
.Lots 5, 6, 7, 8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH,
according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public
Records of Pinellas County, Florida.
Parcel Numbers:
OS/29/15/16362/007/0050
OS/29/15/16362/007/0060
OS/29/15/16362/007/0070
OS/29/15/16362/007/0071
OS/29/15/16362/007/0080
OS/29/15/16362/007/0081
OS/29/15/16362/007/0140
OS/29/15/16362/007/0130
EXHIB IT E
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED
DOCUMENT TO:
E. D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, Florida 33756
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day
of , 2009 by PANORAMA ON CLEARWATER BEACH, LLC, a
Florida limited liability company ("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 celiain 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 preclucle 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 pariies, provided
that such Fractional Share Ownership or Hotel Units are operated ancl 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 ancl conditions of this
Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel
operator and all Fractional Share Units may be operated by a different, single
management firm! operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed
this ~ day of ,2009.
WITNESSES:
PANORAMA ON CLEARWATER
BEACH, LLC, a Florida limited liability
company
By:
Uday Lele,Managing Member
Printed Name:
Printed Name:
2
CITY OF CLEARWATER, FLORIDA
Printed Name:
By:
William B. I-Iome II, City Manager
Printed Name:
Attest:
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 aclmowledged before me this_day of
2009, by UDA Y LELE, as Managing Member of PANORAMA ON CLEAR WATER
BEACH, LLC, a Florida limited liability company, on behalf of the company. He is
personally lmown to me or who _ produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was aclmowledged before me this _day of , 2009, by
WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, wbo is
_ personally lmown to me or who _ produced as identification.
Notary Public
Print Name:
3
S CI-IED ULE A
Lots 5,6,7,8, 13 and 14, Block 7, REVISED MAP OF CLEARWATER BEACH,
according to the plat thereof as recorded in Plat Book 11, Page 5 of the Public
Records of Pinel/as County, Florida.
Parcel Numbers:
OS/29/15/16362/007/0050
OS/29/15/16362/007/0060
OS/29/15/16362/007/0070
OS/29/15/16362/007/0071
OS/29/15/16362/007/0080
OS/29/15/16362/007/0081
OS/29/15/16362/007/0140
OS/29/15/16362/007/0130