09-38
RESOLUTION NO. 09-38
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND AGOSTINO
DIGIOVANNI, FRANCESCO CARRIERA AND JOHN
CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT
LAND TRUST; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Agostino Digiovanni, Francesco Carriera and John Conti, as Co-
Trustees of the Tropicana Resort Land Trust; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the
Tropicana Resort Land Trust, a copy of which is attached as Exhibit "A," is hereby
approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17th day of December
,2009.
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
~
.
Leslie K. Dou
Assistant City A
Resolution No. 09-38
DEVELOPMENT AGREEMENT
(Hotel A - 300 Harnden Drive)
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated
2009, and entered into between AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA
AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND
TRUST ("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 1.106 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 142 overnight accommodation units, meeting rooms,
a pool, a retail area, restaurant and a parking garage, generally conforming to the
architectural elevation dimensions shown in composite Exhibit B.
WHEREAS, upon completion the planned hotel will contain 142 overnight
accommodation units, which includes 95 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;
EXHIBIT "A"
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 additionally determined that, as of the Effective Date of this
Agreement, the proposed project meets all the requirements for an award of additional
density from the Hotel Density pool as referenced in Beach by Design;
WHEREAS, the City has conducted public hearings as required by ~ 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
FLD2009-08026 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 in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subiect to this Ae:reement. The Property described in Exhibit
"A" is subject to this Agreement ("Property").
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3.1 The Property currently has a land use designation of Resort Facilities High (RFH)
and is zoned Tourist (T).
3.2. The Property is owned by Developer ("Owner"). Such ownership is evidenced by
the deeds attached as Exhibit "c."
3.3 The Property is generally located at 300 Harnden Drive (including 301, 305, 309
and 315 Coronado Drive and a portion of316 Harnden Drive), as more further described
in Exhibit A.
SECTION 4. Scope ofProiect.
4.1 The Project shall consist of no more than 142 overnight accommodation units, as
defined by the Community Development Code. Such units may be traditional hotel rooms
or fractional ownership units, as defined in the Code.
4.2 The Project shall include 182 parking spaces, as shown on the plans in Exhibit B
and approved pursuant to FLD 2009-08026.
4.3 The proposed density of the Project is 148.90 rooms per acre; the proposed height
of the building, as defined in the Code, is 74.33 feet to the top of the roof deck and 82
feet to the top of architectural embellishment; the Project includes 6,650 square feet of
non-accessory retail sales and restaurant uses at a Floor Area Ratio (FAR) of 0.137
(based on total lot area); and the Project includes approximately 5,190 square feet of
accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and
approved by FLD2009-08026.
4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach
by Design, except as otherwise shown on Exhibit "B" and shall include, pursuant to
Beach by Design:
4.4.1 Access to units shall be provided through a lobby and internal
corridors.
4.4.2 A reservation system and desk area open to hotel guests, typical of
a hotel shall be included in the lobby area of the Project.
4.5 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 DatelDuration 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
4-606.G.2.
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5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Community Affairs a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined herein, but for
a period not to exceed ten (10) years.
SECTION 6. Oblilmtions under this Ae;reement.
6.1 Oblie;ations of the Developer
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests or
aSSIgns.
6.1.2 At the time of development of the Property, the Developer will submit
such applications and documentation as are required by law and shall comply with the
City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the Property:
6.1.3.1 The Property and improvements located thereon shall be
developed in substantial conformance with the Site Plan attached as Exhibit "B" and
approved by the Community Development Board ("CDB") as case number FLD2009-
08026 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
the CDB shall require an amendment to this Agreement in accordance with the
procedures of the Act and the Code, as necessary and applicable. Any and all such
approved and adopted amendments shall be recorded in the public records of Pinellas
County, Florida.
6.1.3.2 The Developer shall obtain building permits and shall
thereafter timely obtain required certificates of occupancy in accordance with the
approved development order for FLD2009-08026 and 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 of the Code and of the Florida Building Code or
from seeking an amendment to this Agreement.
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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.
6.1.3.4 The Developer shall execute and record, prior to receipt of
building permits, an appropriate cross-easement as provided in FLD 2009-08026.
6.1.4 Covenant of Unified Use, Unity of Title. 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. Additionally, prior to the
issuance of the first building permit for the Project, the Developer hereby agrees to
execute a Declaration of Unity of Title for the Project Site providing that the Project Site
shall be developed and used as a single project, the form of which Declaration of Unity of
Title is available from the City Planning Department. It is understood and agreed that, in
the event that the Developer enters into the anticipated covenant of unified use and
development and Unity of Title, and the Developer elects not to construct the Project and
notifies the City of its election in writing, and, alternatively, as of the date of expiration,
termination or revocation 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 the covenant of unified use and development suitable for recording in the
Public Records of Pine lIas County, Florida. Additionally, the City shall execute and
deliver to the Developer a Release of Unity of Title suitable for recording in the Public
Records of Pin ell as County, Florida.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to
Reserve Pool. 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 79
hotel units to the Project site in accordance with applicable law. Such grant of units is
dependent upon the demolition of existing units, as specified in the Demolition Plan
included in FLD 2009-08026. 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
FLD2009-08027 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.
6.1.6 Transient Use. Occupancy in the overnight accommodation units from the
Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31)
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consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a
fractional share unit from owning a period of time greater than thirty-one (31) days,
provided every occupancy is limited to a term of one (1) month or thirty-one (31)
consecutive days, whichever is less.
6.2 Oblieations of the City.
6.2.1 The City shall promptly process site and construction plan applications for
the Property that are consistent with the Comprehensive Plan and the Concept Plan and
that meet the requirements of the Code.
6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is
subject to:
6.2.2.1 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 95 units from
the Hotel Density Reserve as defined in Beach by Design.
SECTION 7. Public Facilities to Service Development. The following public facilities
are presently available to the Property from the sources indicated below. Development of
the Property will be governed by the concurrency ordinance provisions applicable at the
time of development approval, unless otherwise provided by law. With respect to
transportation and other public infrastructure and services subject to concurrency
requirements, all applicable concurrency provisions for the proposed development have
been met.
7.1 Potable water is available from the City. The Developer shall be responsible for
all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at the
Developer's sole expense.
7.5 Transportation concurrency requirements have been met.
7.6 All improvements associated with the public facilities identified in Subsections
7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy.
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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
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 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 opport~ity for the Developer to be heard.
SECTION 11.
Other Terms and Conditions.
11.1 Except in the case of termination, until ten ( 10) years after the date of this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions existing at
the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information provided
by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to
address any particular permit, condition, term or restriction shall not relieve the
7
Developer from the necessity of complying with the law governing such permitting
requirements, conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to
be given under this Agreement shall be given to the parties by hand delivery, by
nationally recognized overnight courier service such as Federal Express, or by certified
mail, return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to the Developer:
Agostino DiGiovanni, Francesco Carriera and John
Conti, as Co-Trustees of the Tropicana Resort Land
Trust
2245 North McMullen Booth Road
Clearwater, FL 33759
With Copy to:
E. D. Armstrong III, Esq.
Johnson Pope Bokor Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
If to City:
City of Clearwater, City Attorney
A TTN: 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 I f 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
8
hereunder for the Project, or that part subject to such sale, conveyance, assignment or
other disposition, then the Developer shall be released from all such obligations
hereunder which have been so assumed by the assignee, and the City agrees to execute an
instrument evidencing such release, which shall be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer to any
corporation, limited partnership, limited liability company, general partnership, or joint
venture, in which the Developer (or an entity under common control with Developer) has
either the controlling interest or through a joint venture or other arrangement shares equal
management rights and maintains such controlling interest or equal management rights
shall not be deemed an assignment or transfer subject to any restriction on or approvals of
assignments or transfers imposed by this Agreement, provided, however, that notice of
such assignment shall be given by the Developer to the City not less than thirty (30) days
prior to such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the
Developer's rights and obligations with respect to 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
subject to the requirements ofthis paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to the
benefit of the City, and its successors and assigns, and the Developer and, as applicable to
the parties comprising Developer, their personal representatives, trustees, heirs,
successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such 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.
SECTION 17. Approvals. Whenever an approval or consent is required under
or contemplated by this Agreement such approval or consent shall not be unreasonably
9
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of A2reement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire A2reement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in
this Agreement are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invaliditv. 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. Governin2 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.
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SECTION 24. Counterparts. This Agreement may be executed In
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.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
Printed Name:
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Printed Name: 'Ih -AD
-pf Agostino DiGiovanni, as Co-Trust e of
the Tropicana Resort Land Trust
IY!,J'ul/v,OYl
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me thisLt'day of ~
2009, by Agostino Digiovanni, as Co-Trusj:ee of the Tropicana Resort Land Trust, who is
_ personally known to me or ~ has produced FL.[)-u.lJ.eA/) WlUIf1L, as
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Francesco Carriera, as Co-Trustee of
the Tropicana Resort Land Trust
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me thiMtbday of ~
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I Printed Name: c" (l'?U. . (tlIUJA4)/1
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Pri tedName: . ~
o onti, as Co-Trustee of
the Tropicana Resort Land Trust
ST ATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ~ay of ~
2009, by John Conti, as Co- Tru31ee of the Tropicana ~eso Land Trust, who is _
personally known to me or _ vhas produced l.- as identification.
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13
CITY OF CLEARWATER, 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 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 A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Legal Description
Site Plan
Evidence of Ownership (Deeds)
Covenant regarding Hurricane Evacuation and Development, Use and
Operation
Covenant of Unified Use
#497221 v7 - Hotel A DV A (diGiovanniffropicana)
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EXHIBIT "A"
Page 1 of 2
(Hotel A)
r Parcel No. Street Address
I
Portion of 08/29/15/17604/000/0020 316 Harnden Drive
08/29/15/17604/000/0010 309 Coronado Drive
08/29/15/17586/001/0010 301 Coronado Drive
08/29/15/17586/001/0040 315 Coronado Drive
'--
EXHIBIT "A"
Page 2 of 2
HOTEL "A"
Lots 1,2,3 and 4, Block A, COLUMBIA SUB. NO.2, according to the plat thereof as
recorded in Plat Book 21, Page 79, of the Public Records of Pin ell as County, Florida.
TOGETHER WITH
A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO.3, according to the plat thereof
as recorded in Plat Book 27, Page 46, of the Public Records of Pin ell as County, Florida,
being more particularly described as follows:
Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence
Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly
right-of-way line of Harnden Drive (Hamilton Drive per plat), 167.41 feet along the Arc
of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and
Length being S 06045'36" W, 167.41 feet; thence N 83002'46" W, 99.73 feet; thence S
06057'14" W, 61.00 feet; thence S 09004'50" W, 23.34 feet; thence N 81044'25" W, 10.77
feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the
Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO.2; thence
Northerly along the Westerly boundary of aforesaid Lots 2 and 1,248.79 feet along the
Arc ofa curve concave to the West having a Radius of6397.52 feet, Chord Bearing and
Length being N 07008'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1,
thence S 84027'30" E, along the North boundary of said Lot 1, said line also being the
South right-of-way line of Third Street, 110.00 feet to the Point of Beginning.
AND ALSO TOGETHER WITH
Lot lA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO.3, as
recorded in Plat Book 27, Page 46, of the Public Records of Pin ell as County, Florida.
The parcel contains 48,190.53 square feet or 1.106 acres, more or less.
EXHIBIT B
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16 OCTOBER 200!l
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A4
EXHIBIT C
Evidence of Ownership (deeds)
Ii: 2004470137 BK: 13977 PG: 909, 12/02/2004 at 05:35 PM, RECORDING 3 PAGES
$27.00 D DOC STAMP COLLECTION $24850.00 KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM03
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PREPARED BY AND RE~>~O':'"
~tephen O. Cole, Esqu{r~
Macfarlane Fergusolf"J'....:McMullen
625 Court Street, ~utt~ 200
Post Office Box li;fl~...(33757)
Clearwater, Flor~~~') )137 56
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rfY1S...]NDENTURE
WARRANTY DEED
made this ~aY of December 2004, between
'..
JED~/}~9~RATION XNC., a F~orida corporation, of the County of
Pirii1~~, and the State of Florida, Party of the First Part, whose
t \) \ .
~~~t}h9 address is 2919 West Bay Drive, Belleair Bluffs, Florida
r..-..... '..
,~...3'3Ti 0, and JOHN CONTI:, FRANCESCO CARRXERA and AGOSTXNO DI:GI:OVANNI:,
(~.'\"\.'''''')
<>~)$ Co-Trustees of TROPI:CANA RESORT LAND TRUST, with full power and
,-_.,,;
authority either to protect, conserve and to sell, lease,
encumber, including all powers as setforth in F.S.689.0?1, or
otherwise dispose of the real property described herein, Party of
the Second Part, whose mailing address is It, 3 6A-ys/ DC? k.
t,,6aw~ P'l- ;.;?, 7 .
WIT N E SSE T H:
That the said Party of the First Part, for and in consid-
eration of the sum of Ten Dollars ($10.00) to it in hand paid by
the said Party of the Second Part, the receipt whereof is hereby
acknowledged, has granted, bargained, sold, unto the said Party of
the Second Part and its successors and assigns forever, all that
certain parcel of land lying and being in the County of Pinellas,
and State of Florida, more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Subject to 2005 real estate taxes; and restrictions,
reservations and easements of record.
Parcel 1.0. No. 08/29/15/17604/000/0010
Together with all the tenements, hereditaments and appur-
tenances, with every privilege, right, title, interest and estate,
-1-
PINELLAS COUNTY FL OFF. REC. BK 13977 PG 910
r----- - -
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dower and rigl;1t',.:C;if' dower, reversion, remainder and easement
thereto belongfn~;?r in anywise appertaining.
TO HA~~~-~#D TO HOLD the same in fee simple forever.
", "" "
And /tJ;~~aid Party of the First Part does covenant with the
said P~l.~.t'::9~ the Second Part that it is lawfully seized of the
said .Pf~i)es, that it are free of all encumbrance, and that it
has/'i~~> right and lawful authority to sell the same; and that
..., '".
s~'iSt<R.lfrty of the First Part doth hereby fully warrant the title
i; ( \ ~
~~:if~ld land, and will defend the same against the lawful claims
.-..:.~... "',
/.C!f"~ll persons whomsoever.
, '..'~~~..)
<>.) ; IN WITNESS WHEREOF, the said Party of the First Part has
"....._~.."
hereunto set its hand and seal the day and year first above writ-
ten.
Signed, Sealed and Delivered
in Our Presence:
JEDE CORPORATION, INC.,
a Florid~corporation
/ !
pr~~~ ~~~~
c:;o ~
Print Name C D. Celt.
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that before me personally appeared
DEBORAH WELLS, . as President of JEDE CORPORATION, INC., a Florida
corporation, ~ to me personally known, [ ] or who has produced a
current/valid driver's license as identification and who did take
an oath, known to me to be the persons described in and who
executed the foregoing instrument, and severally acknowledged the
execution thereof to their free act and deed as such officers, for
the uses and purposes therein expressed, and the said instrument
is the act and deed of said corporation.
and
WITNESS my ha~nd offi~l seal at Clearwater, said County
State, this ~ day of ~~ ~ 2004.
NO~ --f
Pr'nt Name:
My Commission Expires:
[SEAL]
........... J PouI Raymond
rJ'f: My <;ommIooIon 00133235
,'1'",.1 ExpIrMAugullI0. 2006
-2-
PlNELLAS COUNTY FL OFF. REC. BK 13977 PG 911
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Lots 1. and 1A, COL~DIA SUDDIVISION NO.3, accor4inq ~o plat thereot
recorded in Plat Dook 27, paq8 46, pUblic Record~ ot Pinellas COUD~Y,
Florida; LESS....tb... Soutb 26..5 teet ot said Lot lA; and also lass t~.
tollov1nq d~~cri~ed portion ot Loe 1: Deqin at a point in the Wast
boundary ,o'C"s.~:id' Lot 1, which said point is locatod H.B7 raet North
alonq the\s~,i!1?line troll the South\lest corner ot said Lot tor a Point of
Beqinnilig.;'.,a,;:J frolll the Point of Beqinninq thu" e"tablished. run thence
South "::'4..t3~..a'nc. .at ;: 4.87 teet to the Southwest corner of said. Lot 1.;
run t~,~~~~.~ast alonq the south bound a::! of "aid Lot 1. a di"tance ot
110 ~e~t\t~ t~e Southeast corner of sa1d Lot; run thence North along the
Eas~'~~~~ary of said lot a distance of 26.S feet; run thence Wes: in a
S~'~~~b~'~ine to the established point of beqinninq.
I /r) ''--'
;~~C~L '2:
ii6~"';hree (J) in Block A of COLUMBIA 1/0. 2 according to the ..ap or plat
'~th.reor a3 recordod in Plllt Dook 21 Page 79 of the pUblic Records of
/ ...."~J;li;,lla" county, Florio1a.
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PARCEL l:
....._~../
I#: 2004487453 BK: 14004 PG: 577, 12/15/2004 at 02:16 PM, RECORDING 5 PAGES
$44.00 0 DOC STAMP COLLECTION $4433.80 KARLEEN F. DE BLAKER, CLERK OF COURT
PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKRD25
i ..
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TIllS INSTRUMENT WAS P~AAED BY AND,
AFTER RECORDING, RETIJiutTO:'
David R. Punzak, Esquire .... .'
CARL TON FIELDS, P...._..
200 Central A venue, Suil~ .2300 ..
SI. Petersburg, Florida33:llll, "
(727)821-7000 ,,\.')
(727) 822-3768 (F.t~irilil;'('
...-><'-. \/
Grantee's TIN;~~'1 '1 '1 ~ 1 J)l,
Parcel Nos.:,..()~. - YI75586.00I.0010
/9&:2~JS-17S586'{)0 1-0020
.... <.'>,). ""\.':
Recording:
Doc. stamps:
Int. tax:
TOTAL:
./ /;~'-~:"".:'
WARRANTY DEED
(;<:\~'IIIS WARRANTY DEED is given this 14:. day of December, 2004, by
i-A--LBX:ANDROS GALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER
/-~"V!\.(OS TRUST AGREEMENT DATED MARCH 3, 1997, and STAMO G. GALIATSATOS,
/(,:a8;Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED
.< .,''{dARCH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida
'......; /33767 (collectively "Grantor") to AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA, and
""'.' JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with full
power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or
otherwise manage and dispose of the real property described herein, including all those powers
as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive,
Clearwater, Florida 33767 ("Grantee").
WIT N E SSE T H:
THAT GRANTOR, for and in consideration of TEN AND NO/lOOTHS DOLLARS
($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the
receipt and legal sufficiency of which are hereby acknowledged by Grantor, has granted,
bargained, and sold to Grantee, and Grantee's successors and assigns forever, all Grantor's
undivided one third (113) interest (116 interest from each Grantor) in all of the real property in
Pinellas County, Florida, described in Exhibit "A" attached hereto and by this reference made a
part hereof (the "Prooertv");
TOGETHER with: (i) all of the right, title, interest, claim, and demand which Grantor has
in and to, all and singular, the benefits, rights, privileges, easements, tenements, hereditaments,
and other appurtenances pertaining to the Property, if any; and (ii) all improvements of whatever
kind, character, or description to or on the Property, if any;
SUBJECT TO ad valorem taxes for the year 2005 and any other taxes or assessments
levied or assessed against the Property subsequent to the date hereof, and all of the matters
described in Exhibit "B" which is attached hereto and by this reference made a part hereof
(collectively, the "Permitted Exceptions");
STPN'76982.1
PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 578
/':'. ~\
TO HAVE AND TO HOLp the same in fee simple forever; and
.~",. .,,<.... -j
GRANTOR hereb~ 't~\r~;ants with Grantee that it is lawfully seized of the Property in
fee simple; that it has igO~(J\ri~t and lawful authority to sell and convey the Property; that it
hereby fully warrants thJ,tiU~ to the Property and will defend the same against the lawful claims
of all persons whomso~er;' and that the Property is free of all encumbrances, except for the
Permitted Excepti\>Tls: "
....... ..~. ...": :::
This is Cio.jjmercial property and is not, nor has it ever been, the Homestead of the
Grantor." ,,' t'
:..#".~~~.,'. ~J
IN W~SS WHEREOF, Grantor has executed this Warranty Deed on the day and year
first above~'Iien.
/' :2~;)
~/~/~ ~/?(
ROS GALIATSATOS, AS
TRUSTEE OF THE ALEXANDROS
GALIATSATOS INTER VIVOS TRUST
AGREEMENT DATED MARCH 3, 1997
.............Ji
305 Coronado Drive
Clearwater, Florida 33767
Sf.-<w.u> c.~.f.;':~<;,,,,l~
STAMO G. GALIATSATOS, AS
TRUSTEE OF THE STAMO
GALIATSATOS INTER VIVOS TRUST
AGREEMENT DATED MARCH 3, 1997
305 Coronado Drive
Clearwater, Florida 33767
(print name legibly on this line)
STPN$76982.\
2
PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 579
'--"-"
./~, \
STATE OF FLORIDA ()"l/
COUNTY OF PINELLAS....:;,,)
. , ,.,/ \.
The foregoing iP~~t was acknowledged before me this ~ day of _~
2004. by ALEXANDRP$..~~LIATSATOS. as Trustee of the ALEXANDROS GALIATSATOS
INTER VIVOS TRUSt'AGREEMENT DATED MARCH 3,1997 individua n ~
the Trust. He is p.e~on,al1y known to me or has produced Ffp,- Ie) driver's license)
no. Cr 4~)- rt10 ~'S.s' - O~4 -0 as identification.
'. \..~~~~_.)./
~ "'. ~':\ )
My CO!Ill1}i~19if.t'Xpires:
<; \. ~ ~
;".\ '-...
(printed Name)
/';~\~)
C\.;~:>'
,r......~~... .....
1.. ....._...:.
,<,'~:~~;)
....... .......: .-
'"j STATE OF FLORIDA )
COUNTY OF .PINELLAS )
(Title or Rank)
(Serial Number, if any)
The foregoing instrument was acknowledged before me this _ day of ,
2004, by STAMO G. GALIATSATOS, as Trustee of the STAMO GALIATSATOS INTER
VIVOS TRUST AGREEMENT DATED MARCH 3,1997, individually a e a e
Trust. She is personally known to me or has produced A 4- (stat driver'sJicense no
(\-4 M. -'1iO-3'- ?t.:J - 0 as identification.
TARY SEAL)
IMWOR.f'ttaAK
~'DO~
-n..~~~~
My Commission Expires:
(Title or Rank)
(Serial Number, if any)
STP#576982.1
3
PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 580
;,
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.(~,) '<of
EXHIBIT "A"
. ~ ..-....;..... ~:
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\. \~, .iLe~al Description of Property
/~.~>~~.~../
Lots 1 and 2, Block A, '~Q~UJMBIA SUB. NO.2, according to the map or plat thereof as
recorded in Plat Book 2t~.Pa'ge 79, of the Public Records of Pine lIas County, Florida.
(<~~,)
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STP#S76982.1
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4
PlNELLAS COUNTY FL OFF. REC. BK 14004 PG 581
...>.........:.... -':
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STPtIS76982.\
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EXHIBIT "B"
Permitted Exceptions
5
, '
1#: 20n5019858 BK: 14067 PG: 1895, 01/18/2005 at 03:14 PM, RECORDING 2 PAGES
$18.50 D DOC STAMP COLLECTION $15400.00 KEN BURKE, CLERK OF COURT PINELLAS
COUNTY, FL BY DEPUTY CLERK: CLKDMC3
,
.......
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WARRANTY DEED
(JJ
\ ..~,~.~.-- >:;./.
THIS ,~~~~~TY DEED made the Ji.... day of January, 2005, by SEACOVE
PARTNER~~I~lfan Illinois General Partnership, hereinafter called the grantor, to
AGOSTlt,I~1910VANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co-
Trustee,$)~HhiTropicana Resort Land Trust, with full power and authority to deal in and
with t/;le. 'P(operty or any interest therein including full power and authority to protect,
con~e&~;.~ell, lease, encumber, develop, manage or dispose of the property, including all
pow~s under FS689.071 (1), whose mailing address is 163 Bayway Drive, Clearwater, FL
3~~6i~~~einafter called the grantees:
l'-\~").IWITNESSETH: That the grantor, for and in consideration of the sum of TEN
.'-($.fo.~60) DOLLARS and other valuable considerations, receipt whereof is hereby
C~Clf~OWledged, hereby grants, bargains, sells, alienss, remises, releases, conveys and
,.< ", cpnfirms unto the grantees, all that certain land situate in Pinellas County, Florida, to-wit:
"- .v .'
'".../
FOR LEGAL SEE EXHIBIT"N ATTACHED HERETO
TOGETHER with all the tenaments, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantees that the grantor is lawfully
seized of said land in fee simple; that the grantor has good right and lawful authority to sell
and convey said land; that the grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to December 31, 2004.
IN WITNESS WHEREOF, the said grantor has caused these presents to be signed
and ~ealed the day and year first above written.
Signed, sealed and delivered
in our presence:
SEACOVE PARTNERSHIP, an Illinois General
Partnership ~
By: '4'J), _
~e L. ~otjers~~
BY:~~~
Paul J. oschel, Genera Partner
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared EARLE L. ROBERSON and PAUL J. HOBSCHEID, General Partners of
SEACOVE PARTNERSHIP, an Illinois General Partnership, who are personally known to
me or who produced driver's licenses as identification. They acknowledge that they
executed the foregoing Warranty Deed for an on behalf of said partnership. /S
WITNESS my hand and seal in the County and State last aforesaid this
day of January, 2005.
~oIt.'"''''
Jeny c Cobb
MYCOMtotsslON, DOl""2 !lIJIllIES
._ Seplofllbor 1~ 2007
--""'''''1I1UAAHCl1lC.
RElURN '1"0:
Prepared by:
JERRY C. rnBB I ESQUIRE
501 s. Ft. Harrison Ave. I 1206
Clean-later I FL 33756
PlNELLAS COUNTY FL OFF. REC: BK 14067 PG 1896
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PARCEL NO.l:'----'
Lot 4 in Bl06~-A,6r,COLUMBlA SUBDIVISION NO.2, according to the map or plat
thereofre~tlrde4:.u.{Plat Book 21, Page 79, of the Public Records of Pine lIas COWlty, Florida.
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P AR'cli:CNO. 2:
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~o.ls-.:tand 2-A, COLUMBIA SUBDIVISION NO.3, LESS the Southerly 45 feet thereof;
,::arldlh'ai part of Lot 1 in COULUMBIA SUBDIVISION NO.3, described as follows: Begin
,/~~~oint in the West boundary of said Jot, which said point is locntcd 24.87 fect North oloog
"'... <./ siid'line from the Southwest comer of said lot for a Point of Beginning; and from the Point
/~~ ':~:Q)Beginning thus established, run thence South a distance of24.87 feet to the Southwest
( ('j 'comer of said lot; run thence East along the South boundary of said lot a distance of 110 feet
('\.::./ to the Southeast comer of said lot; run thence North along the East boundary of said lot a
('--. ! distance of26.5 feet; run thence West in a straight line to the estabUsbed Point of Beginning.
{-::.:...\...~:~'< Together with the South 26.S feet of Lot i-A in said COLUMBlA SUBDIVISION NO.3,
l<.....\'.- according to the map or plat thereof recorded in Plat Book 27, Page 46, of the Public Records
'-..<-:../ of Pin ell as County. Florida.
..
'.
EXHIBIT "A"
EXHIBIT D
COVENANT REGARDING HURRICANE EVACUATION
and
DEVELOPMENT, USE AND OPERA nON
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARA nON OF COVENANTS AND RESTRICTIONS
("Declaration") is made as of the _ day of , 2009, by Agostino
Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort
Land Trust ("Developer").
Developer is the owner of fee simple title to the real property described in
Schedule A 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 Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth
and to be observed and performed, and in further consideration of the allocation of Hotel
Density Reserve Units to Developer, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and
agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for
the benefit of Developer and its successors and assigns and shall be
enforceable by them and also for the benefit of the residents of the City
and shall be enforceable on behalf of said residents by the City Council of
the City.
2. Covenant of Development. Use and Operation. Developer hereby
covenants and agrees to the development, use and operation of the Real
Property in accordance with the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as
follows:
2.1.1 Occupancy in the overnight accommodation units from the
Hotel Density Reserve is limited to a term of one month or
thirty-one (31) consecutive days, whichever is less. Such
units 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 Nothing herein shall prevent a purchaser of a fractional
share unit from owning a period of time greater than 31
days, provided every occupancy is limited to a term of one
month or thirty-one (31) consecutive days, whichever is
less. All hotel units shall be licensed as a public lodging
establishment, a portion of which may be classified as a
fractional share unit. 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 (2009).
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
2
Center shall modify the terminology employed to warn of the
approach of hurricane force winds, the closure and evacuation
provisions of this Declaration shall be governed by the level of
warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to
ensure that the guests, visitors and employees will be evacuated in
advance of the issuance of a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project") and
Developer's commencement of construction of the Project, as 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 Recordin~. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 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.
[SIGNATURES PAGES TO FOLLOW]
3
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed
this _' day of 2009.
WITNESSES:
WITNESSES:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Agostino DiGiovanni, as Co-Trustee of
the Tropicana Resort Land Trust
Francesco Carriera, as Co-Trustee of
the Tropicana Resort Land Trust
John Conti, as Co-Trustee of
the Tropicana Resort Land Trust
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
4
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 Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is
_ personally known to me or _ has produced as
identification.
Notary Public
Print Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this_day of ,
2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is
_ personally known to me or _ has produced as
identification.
Notary Public
Print Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this_day of ,
2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _
personally known to me or _ has produced as identification.
Notary Public
Print Name:
5
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:
6
SCHEDULE A
HOTEL "A"
Lots 1,2,3 and 4, Block A, COLUMBIA SUB. NO.2, according to the plat thereof as
recorded in Plat Book 21, Page 79, of the Public Records of Pine lias County, Florida.
TOGETHER WITH
A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO.3, according to the plat thereof
as recorded in Plat Book 27, Page 46, of the Public Records of Pine lias County, Florida,
being more particularly described as follows:
Commence at the Northeast comer of said Lot 1 for a Point of Beginning; thence
Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly
right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc
of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and
Length being S 06045'36" W, 167.41 feet; thence N 83002'46" W, 99.73 feet; thence S
06057'14" W, 61.00 feet; thence S 09004'50" W, 23.34 feet; thence N 81044'25" W, 10.77
feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the
Southeast comer of Lot 4 of the aforementioned COLUMBIA SUB. NO.2; thence
Northerly along the Westerly boundary of aforesaid Lots 2 and 1,248.79 feet along the
Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and
Length being N 07008'39" E, 248.77 feet to the Northwest comer of aforesaid Lot 1,
thence S 84027'30" E, along the North boundary of said Lot 1, said line also being the
South right-of-way line of Third Street, 110.00 feet to the Point of Beginning.
AND ALSO TOGETHER WITH
Lot lA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO.3, as
recorded in Plat Book 27, Page 46, of the Public Records of Pine lias County, Florida.
The parcel contains 48,190.53 square feet or 1.106 acres, more or less.
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 Agostino Digiovanni, Francesco Carriera and John Conti,
as Co-Trustees of the Tropicana Resort Land Trust ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on
Schedule "A" attached hereto and incorporated herein by reference (the "Real Property");
and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are
parties to that certain Development Agreement dated , 2009 (the
"Development Agreement"), pursuant to which the City has agreed that Developer may
develop and construct upon the Real Property a hotel project as described in the
Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a
unified use, as more particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Developer does hereby agree that, effective as of the date on which
Developer receives all permits required to construct the Project and Developer
commences construction'thereof, as evidenced by a Notice of Commencement for the
Project, the Real Property shall be developed and operated as a hotel 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 that may be
constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as
defined in the Development Agreement) if sold in a condominium form of ownership), to
separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel
Units are operated and occupied as part of the Project as a single unified project
throughout the term of this Agreement. Developer agrees that the City shall have the
right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units 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:
Agostino DiGiovanni, as Co-Trustee of
the Tropicana Resort Land Trust
Printed Name:
Printed Name:
Printed Name:
Francesco Carriera, as Co-Trustee of
the Tropicana Resort Land Trust
Printed Name:
Printed Name:
John Conti, as Co-Trustee of
the Tropicana Resort Land Trust
Printed Name:
2
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
The foregoing instrument was acknowledged before me this_day of ,
2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is
- personally known to me or _ has produced as
identification.
STATE OF FLORIDA
COUNTY OF PINELLAS
Notary Public
Print Name:
The foregoing instrument was acknowledged before me this_day of ,
2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is
_ personally known to me or _ has produced as
identification.
Notary Public
Print Name:
3
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this_day of
2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _
personally known to me or _ has produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _day of , 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:
4
SCHEDULE A
HOTEL "A"
Lots 1,2,3 and 4, Block A, COLUMBIA SUB. NO.2, according to the plat thereof as
recorded in Plat Book 21, Page 79, of the Public Records of Pin ell as County, Florida.
TOGETHER WITH
A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO.3, according to the plat thereof
as recorded in Plat Book 27, Page 46, of the Public Records of Pin ell as County, Florida,
being more particularly described as follows:
Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence
Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly
right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc
of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and
Length being S 06045'36" W, 167.41 feet; thence N 83002'46" W, 99.73 feet; thence S
06057'14" W, 61.00 feet; thence S 09004'50" W, 23.34 feet; thence N 81044'25" W, 10.77
feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the
Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO.2; thence
Northerly along the Westerly boundary of aforesaid Lots 2 and 1,248.79 feet along the
Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and
Length being N 07008'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1,
thence S 84027'30" E, along the North boundary of said Lot 1, said line also being the
South right-of-way line of Third Street, 110.00 feet to the Point of Beginning.
AND ALSO TOGETHER WITH
Lot lA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO.3, as
recorded in Plat Book 27, Page 46, of the Public Records of Pin ell as County, Florida.
The parcel contains 48,190.53 square feet or 1.106 acres, more or less.