DEVELOPMENT AGREEMENT - HOTEL B - 316 HAMDEN DRIVEDEVELOFMENT ACiREEMENT
Hote1 B— 316 Hamcfen Drive
THIS DEVELOPMEN"I' AGREEMENT ("AGREEMEN C'") is dated �c�- ��,
2Q09, and entered into between AGOSTINO DIGI�VANNI, FR.ANCESCO CARRIERA
AND JOHN CONTI, AS CO-TRUST�ES OF THE TROPICANA RESURT LAND
TRUST and FLAMINGD SAY CONDOMINIUM DEVELOPERS, LLC, a Florida
limited liability coznpany (collectively, "Developer"), its successors atid assigns, and the
CITY OF CLEARWATER, FLQRiDA, a political subdivision af the State of Florida
acting through its City Council, the governing body thereof ("City").
RECITAI,S:
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;
W��EItEAS, 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 corparate limits of the City.
WHEREAS, under 5ection 163.3�23 of the Act, the City has adopted 5ection 4-606 af
the Cily of Clearwater Community Develapment Code ("Code"), establishing procedures
and requirements to consider and enter into development a�;reeznents.
WI3EREA5, Beach by Design as amended by the City of Clearwater �rdinance No.
7925=08 proposed additianal hotel units to equalize developxnent oppartunities on the
beach between overni�ht accommadatians and attached dwellings and �nsurr; Cleaxwater
I3each remains a quality, family resoxt cornmunity by further providing for a reserve of
additzonal hotel units ("Hotel Density Reserve") to be made available for such mid-sized
hotel projects; �- �
WHEREAS, the Developer controls approximately 0.820 acre of real property
("Property") in the corporate limits aF the City, moxe paxticularly described on Exhibit A
attached heretv and incorporated herein. '
WIIEItEAS, the Developer desires to develop the Property by replacing historic hotel
units and other uses in order to add 118 overnight accoxnmodation units, pool, and a
parking garage, generally conforming to the architectural elevation dimensions shown in
composite Exhibit B.
WHEREAS, upon completion the planned hotel will contain 118 units, which includes 79
units from the available Hotel Density Reserve;
WHERF,AS, 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;
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WHEREAS, the City has determined that, as of the E�fective Date oF this A�reement, the
proposed project is consistent with the City's Camprehensiv� Plan and Land
Development Regulations;
W�-IEREAS, the City has additionally determined that, as af the Effective Date of this
Agreetnent, the proposed project meets all thc requirements for an award of additional
density from the Hotel Density paol as referenced in Seach by Design;
WHEREAS, the City has canducted public hearings as requixed by § 4-206 and 4-606 of
the Community Development Code;
WHEREAS, at a duly called and advertised public meeting on , 2009, the
City Couneil approved this Agreement and authorized and directcd its execution by the
appropriate off�icials aithe City;
WHERF,AS, the Community Development Board approved the design and site plan as
FLD20�9-p8027 on , 2409 conditioned upon th� 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 af Beach by Desfgn; and
WHEREAS, D�velopEr has approved this Agreernent and has duly autha.rized certain
individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, th� mutual cavenants
contained herein, and other goad and valuable consideratian, the receipt and sufiiciency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, a�ree as follows:
SECTION 1, Recitals. Th.e above recitals are true and correct and are a part of this
Agreernent.
SECTION 2. In.cor oration o� the Act. This A�reement is entercd into in
compliance with and under the authority af the Code and the Act, the terms of which as
of the date of this Agreement axe incorparated herein by this reference and made a part of
this Agreement. Wards used in this Agreement without definition that are defined in the
Act shall have the sam� zneaning in this Agreement as in the Act.
SECTION 3. Pro er Sub'ect to this A reement. The Prop�rty described in Exhibit
"A" is subject to this Agreement ("Property").
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3.1 The Praperty currently has a land use designation of Resort �'acilities High (RFH)
and is zoned Tourist (T).
3.2 The Property is owned in fee simple by Developer. Such orvnership is evidenced
by copies of deeds included as Exhibit C.
3.3 The Property is generally located at 316 Hamden Drive (including 326 and 330
Hamden Drive and a portion of 3I6 Hamden Dxive), as mor� particularly describad in
Exhibit A.
SECTION 4. Sco e of Pra' ect .
4.1 The 1'roject shall consist of no more than 118 overnight accomrnodation units, as
de�ined by the Community Development Code. Such rooms may be traditional hotel
rooms or fractional ownexship units, as defin.ed by the Coznrnunity Development Code.
4.2 The Project shall include 120 parking spaces, as shawn on the plans in Exhibit S
and approved pursuant to FLD 2009-08027. .
4.3 The proposed density of the Project is 149.44 rooms pex acre; the proposed height
of the building, as defined by Code, is 84 feet to the top of the roof deck and 99.5 feet ta
the top of the architectural ernbellishment; the Project includes 1,335 square feet oi non-
accessory retail sales use, at a Floor Area Ratio (FAR) af 0.037 (based an total lot area);
and the Project includes approximately 1,Qb0 square feet of accessory use to the hatel,
pursuant to the Pxaject plans shown on Exhibit "B" and approved by FLD 2009-�802'1.
4.4 The design of the Project, as xepresented in Exhibit B, is cansistent with 8each by
Design, except as otherwise shown on Exhibit B and shall znclude, pursuant to Beach by
Design:
4.4.1 Access to units shall be provided through a lobby and internal
corridors.
4.4.2 A reservatian system and desk area open to hotel guests, typical af
a hotel shall be included in the lobby area of the Project.
4.5. The design of the project, as represented in Exhibit B, is consistent with Beach by
Design, except as otherwise shown on Exhibit B.
4.6 The Project shall comply with the Metropolitan Planning Organizatian's (MP�)
countywide approach to the application of concurrency management fox
trarispo�tation facilities.
SECTION S, Effective Date/Duration of this A reement.
5.1 This Agreement shall not be effective until this Agreement is properly recorded in
the public records of Pinellas County, T�lorida, 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 Sectian
4-606.G.2.
5.2 Within fourteen (14) days after the City approves the execution ol this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court far
Pinellas County. The Developer shall pay the cost of such recording. The City shall
subrait to the Department o� Community AFiairs a copy of the recorded Agreement
within fourteen (1�) days after the Agreement is recorded.
5.3 This Agreemant shall continuc in effect until terminated, as defined herein, but for
a period nat to exceed ten (10) years.
SECTION 6. Obli ations nnder this A reement.
6.1 nbli ations of the Develo er
6.1,1 The obligations under this Agreement shall be binding upon and the
benefits o� this Agreement shall inure to the Developer, its successors in interests or
assigns.
6.1.2 At the time of develapment of the Froperty, the Develaper will submit
such applications and documentation as are required by law and shall comply with the
City's Code applicable at the time o� building permit review.
6.1.3 The following restrictians shall apply to development of the Property:
6.1.3.1 The Praperty 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 I�LD2009-
08027, including any conditions. 5pecifically, Developer acknowledges the �LD2009-
08027 condition af approval that the hotel located at 300 Hamden Drive under FLD2009-
08026/DVA2009-OD002 must receive its Certificate af Qccupancy prior to the City
issuing a Certificate of Occupancy %r this Project. Any rninox revisions or changes to
the Site Plan shall be consistent with the appraved Site Plan and shall be approved by the
�'lanning Director as a minar [nodification, 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 iurther
approval by the CDB shall require an amendment to this Agreement in accordance with
the procedures af 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 ordex for FI.,D2009-�8�27 and Code Section 4-407. The
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Developer shall commence vertical construction, defined as work on the praject other
than clearin�, grubbing, or other preliminary site preparation work, in accardance with
applicable provisians of the Cade and af the Florida Building Code. The date on which
vertical constructian commences shall hereinafter be referred to as the "Cammencement
Date. Nothin.g herein shall restrict Developer from seeking an extcnsion of these time
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frames pursuant to applicable provisions of the Codc and of the Florida Building Code �r
from seeking an amendment to this Agreement.
b.1.3.3 The Developer shall execute, priox to commencement, a
mandatory evacuation/closure covenant, substantially in the farm of Exhibit "D", that the
accommodation use will clase as soan as practicable after a hurricane watch that includes
Clearwater Bea.ch is posted hy the National Hurricane Genter.
6.1.3.4 The Developer shall execute and recard, prior ta receipt of
building permits, an appropriate cross-easement as provided in FLD 2�09-08026.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first buildin� permit
for the Project, the Developer hereby agrees ta execute the cavenant of unified use and
development for the Project Site praviding that thc T'roject Site shall be developed and
us�d as a single project, the form of which covenant is attached as Exhibit "E"; provided
however, that nathing shall precTude the Develaper fram selling hotel rooms as the
Fractional Share Uzuts, or from selling all or a portion of the Developer's Property in the
event that Dcveloper determines not to construct the Project. Additionally, peior to the
issuance of the iirst building permit for the Project, the Developer hereby agrees to
execute a Declaration of Unity of Title for the Project Site praviding that the Project Site
shall be developed and used as a single project, the form of which Declaratian af Unity of
Title is available from the City Planning Department. It is understood and agreed that, in
the event that the Develaper enters into the anticipated covenant of unified use and
developcz�ent, and the Developer elects not to canstruct the Project and notifies the City
of its election in wriiing, and, alternatively, as of the date of exp�ration, termination or
revocation any rights of Developer to incorporate the Hotel D�nsity 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 far recording in the Public Itecords of
Pinellas County, � lorida. Additionally, the City shall cxecute and deliver to the
Developer a Release of Unity af Title suitable for recarding in the Public Records of
Pinellas County, Florida.
6.1.5 Allocation of Units from Hotel Densi Rcserve- Return of Units to
Reserve Pool. Subject to the terrns and conditions of this Agreement, the City hereby
allocates and grants to the Developer from the Hotel Density Rescrve an additianal 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 speci�ed in the Demalition Plan
included in FLD 2009-08027. 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 ProjecC approved by
FLD2009-08027 and in accardance with Paragraph b.1.3.2, ar if any units of the Project
fail to meet and inaintain the criteria for Hotel Density Reserve units contained in City af
Clearwater Ordinance No. 7925-08, said units shall be returned to th� Hotel Density
Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by
Design.
6.1.6 Transient Use. �ccupancy in the overnight accommadation units irom the
Hotel Density ResErve is limited to a term of one manth ar thirty-one consecutive days,
whirhever is less. Nothing herein shall prevent a purchaser of a fractional share unit
from owning a periad of time greater than thirty-onc (31) days, provided every
accupancy is limited to a term of ane (1) znonth or thirty-one consecutivc days,
whichever is less.
6.2 Obli ations of the Ci .
6.2.1 The City shall promptly process site azid canstruction plan applicatians for
the Praperty that are consistent with the Comprehensive Plan and the Concept Plan and
that meet the requireix�ents af the Cod�.
6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is
subject lo:
6.2.2.1 The provis�ans of Chapters 163 and 166, T�lorida Statutes,
as they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, i:f an appeal is
�led, the conclusion of such appeal,
6.2.3 Upon adoption af this Agreement, the Project shall receive 79 units from
the Hotel Density Reserve as deiined in Beach by Design.
SECTIUN 7. Public FaciliNes to Service Develo ment. 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 ta
transportation and other public infrastructure and services subject to concuxrency
requirements, all applicable concurrency provisians for the propased develapment have
been met.
7.1 I'otable water is available from the City. The Develaper shall be respansible for
all necessary main extensians 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.
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7.4 Draina�e facilities for the Property will be providcd by the Develaper at the
Developer's sole expense.
7.S Transportation concurrency requirements have been met.
7.G All it�nprovernents associated with the public facilities identified in Subsections
7.1 through 7.4 shall be completed prior to tlne issuance of any cerlificat� of occupancy.
7.7 The Developer is responsible for the payment of any required impact fees.
SECTION 8. Required Local Gavernment Permits. The required local government
development permits for development of the Property include, without limitation, the
following:
8.l Site plan appxoval(s) and associated utility licenses, access, and right-o.f way
utilizatian perxnits;
8,2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy,
SECTION 9. Consistencv. The City finds that development of the Property is
cansistent 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 Agr�ement are not followed in a
timely manner, as reasonably determined by the City Manager, after notice to the
Developer and an oppartunity to be hcard, existing permits shall be adrninistrativcly
suspended and issuance of new permits suspended until the Dcvelaper has fuliilled its
obligations. Failure to timely fulfill its obligations may serve as a basis for terznination of
this Agreement by the City, at the discretion or the City and after notice to the Developer
and an oppozlunity For the Developer ta be heard.
SECTION 11. Other Terms and Cunditions.
11..1 �.xcept 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 reductian, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial chan�es have occurred in pertinent conditions existing at
the time of approval of this Agreement; or
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11.1.2 This Agreement is based on substantially inaccurate infonnation pravided
by the Develaper; or
11.1,3 That th� change is essential to the public health, saFety, or wel�are.
5ECT�ON 12. Com liance r�vith Law. The failure af this Agreement to
addxess any particular pernait, condition, term or xestriction shall not relieve the
Developer fram the necessity of cnmplying with the law governing such permitting
requirernents, conditions, terms or restrictions.
SECTI�N I3. Notices. Notices and communications required or desired to
be given under this Agreament shall be �iven to the parties by hand delivery, by
nationally recogni�ed avernight courier service such as Federal Express, or by certified
mail, return receipt requested, addressed as follows (copies as provided below sha11 be
required for pr�per notice to be given):
If to the Developer: Agostino DiGiovanni, � rancesco Carriera and John
Conti, as Co-Trustees of the Tropicana Resort Land
Trust; a�id
I�lamingo Bay Condominium Developers, LLC
2245 North McMullen Booth Road
Clearwater, FL 33759
With Copy to: E. D. Armstrong III, Esq.
Johnson Fope Bakor Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, FL 33756
If ta City: City oF Clearwater, City Attorney
ATTN: Pamela Akin, �sq.
112 South �sceola Avenue
Clearwater, FL 3375G
Properly addressed, postage prepaid, natices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight caurier service for next day delivery, or on the third 3rd day .follawing
deposit in th� United States mail, certified rnail, return receipt requested. The parties may
change the addresses set forth above (including the addition of` a mortgagee to receive
copies of a11 notices), by notice in accordance with this S�ction.
SECTION 14. ASSIGNMENTS.
l 4.1 By the Developer.
14.1.1 Prior to the Com.mencement Date, the Developer rr►ay sell, convey, assign
or otherwise dispose of any or all of its right, title, interest and abli�ations in and ta the
Project, or any parC thereof, only with the prior written notice to the .City, provided that
such party (hereinaf�er referred to as the "assignee"), to the extent of the sale,
conveyaz�ce, assignment or other disposition by the Developer to the assi�nee, shall be
baund by the terms of this Agreement the same as Xhe 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 thereot assumes all of the Developer's obligations
hereunder for the Project, or that part subject to such sale, convcyance, assi�tunent or
other disposition, then thc Developer shall be released from all such obligations
hereunder which have been so assuzned by the assi�nee, and the City agrees to execute an
instrument evidencin�; such release, which sh�ll be in recordable Form.
14.1.3 An assignment of the Project, ar any part ther�of, by the Developer to any
carporation, limited partnership, limited liability compar�y, general partnership, ar joint
venture, in which the Developer (or an entity under cammon contral with Developer) has
either the controlling interest or through a joint venture or other arrangement shaxes equal
management rights and maintains such con�rolling interest or equal manageznent rights
shall .not be deetned an assignment ar transfer subject to any restrictipn on or approvals of
assignments or transfers imposed by this A�reement, provided, however, that notice of
such assignment shall be given by the Developer ta the City not less than thirty (30) days
priar to such assignment being effective and the assignee shall be baund by the terms of
this Agreement to the same extent . as would the Developer in the absence af such
assignment.
14.1,4 No assignee, purchaser, sublessee or acquirer of all or �ny part of the
Developer's xights and obligations with respect to any one Parcel shall in any way be
obligated or responsible for any of the Developer's obligations with respect to any other
Parcel by virtue of this Agreement unlcss and until such assignee, purchaser, sublessee or
acquire has expressly assumed the Developer's such other obligatio.ns.
14.1.5 Notwithstanding any other provision o� this paragraph, the sale of
individual Interval Ownership Uzuts in the ordinary course of business shall nat be
subject to the requirements of this paragraph.
14.2 Successors and Assi ns. The terms hercin contained shall bind and inure to the
benefit of the City, and its successars and assigns, and the Developer and, as applicable to
the parties camprising Develaper, their personal representatives, trustees, heirs,
successors and assigns, except as may otherwise be specifically provided herein.
SECTX�N 1S. Mi�or Nan-Com liance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such non-
compliaxzce, in the judgmeut of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
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SECTIDN lb. Covenant of Coo eration. The parties sh.all cooperate with and
deal with each other in gaod faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Froperty.
SECTION 17. Anqrovals. Whenever an approval or consent is required under
or cantemplated 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. Com letion of A reement. Upon the completion of performance
of this A�reement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recarded
in the official records of the City.
SECTION 19. Entire A�reement. Tl�is Agreennent (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 �greement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereaf.
SECT��N 20. Construction. The titles, captions and seclian nu►r�bers in
this Agreement are inserted for convenient reference anly and do not define or limit the
scope or intent arad should not be used in the interpretation of any section, subsection or
provision of this �lgreement. Wh�never the context requires or perznits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement ta the Developex includes the Developer's successors or assigns. This
Agreement was the production of negotiations betweea representatives for the City and
the Developer and the language of the Agreement should be given its plain and ardinary
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
interpretatian, ane or more of which render it valid and enfarceable, and one or more oi
which would render it invalid vr unenforceable, such term ar provision shall be construed
in a maiu�er that would render it valid and enfarceable.
SECTION 21. Partial Invalidity. If any term ot' provisic�n of this Agreement
or the application thereof to any person or circunlstance is declared invalid or
unenforceable, the remainder of this Agreement; including any valid portian of the
invalid term or provisian and the applicatian of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenfarceable, shall not be
affected thereby and shall with the remainder of this Agreement contznue u�tmodified �nd
in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party hereto are thereby limited, ta the extent that the purpose of this Agreement or the
beneiits 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 partie5.
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SECTION 22. Code Amendments. Subsequently �.dopted ordinances and codes
af the City which is of general application not gaverning the development of la.iid shall be
applicable to the Praperty, and such modifications are speciiically anticipated in this
Agreement.
SECTION 23. Governin� Law. This A�reement shall be gaverned by, and
construed in accordance with the laws of the State of Florida without regard to the
con(lict of laws principles of such state.
SFCTION 24. Counter arts. This Agreement naay be executed in
counterparts, all of which together sha.11 continue one and the same instrument.
SECTION 2S. Amendment. This A�reement may bc amended by mutual
�written consent of the City and the Developer so lang as the amendment meets the
requirements of the Act, applicable City ordinances, aa�d Florida law.
IN WITN�SS WHEREOF, the parties have hereto executed this A�reement the
date and year first above written.
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STATE OF FLORIDA
COUNTY O� ,PINELLAS
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the Tropicana Resort Land Trust
The faregoin� instrument was acknowledged before me this`'►"day o:f
2009, by Agostino Digiovanni, as Ca-Trust� of the Trapicana RESart Lan '�rLisC, who is
� personally known to me ar ✓ has producecl �FL �p as
identification.
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Francesco Carriera, as Co-Trustee of
the Tropicana Resoct I,and Trust
The foregoin.� instrument was acknowledged before me this`�"day of
2009, by Francesco Carriera, as Co-Trustee of the Tropicana ResorC Land rust,.who is
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The fare�oing instrument was acknawledged beforc me this�ay of ��IQ�/(
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S`1 A'i'E OF F'LORIDA
COU�(TY OF PINELLAS
FLf1MING0 BAY CONDOMINIUM
UEVELOPERS, LLC, a Florida limited
liability campa.ny ` . ,
By:
Agostino DiGiovanni
President
The foregoing instnuncnt was acknowledged before me tlu`srt`� �—day of ,
2�09, by Agostino DiGiovanni, as President of Flamingo Bay Condominium Developera,
LLC, a Flotida limited liabili c�mpany, on behalf of t e rompany. kIe : is �
personally known to me or has produced I' rv_as identificatian.
Na Public
````,,,,,,��S�,,r,,,,,, Princ Name;� ��l M. Si�l�.l�.��'�
�����`44,`�; �s • � �/`,��i
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:
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' �� � #DD 769399 � oQ�
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14
CITY OF LEARWATER, FLURillA
By: �[�• ���
Printed Name: Williarn B. Horne II, City Manager
Printed Name:
�aFTN�/1 AtCest: � �
„�"�� 4'�l'
o``, �� � Cynthia Goudeau, City Clerk
t3 �
� � � � Co � xgned:
�� �� � �
�
��������� Frank V. Hibbard, Mayor
ved as�to Fo . �
�
I,eslie K. Dougal - id�s
Assistant City Attar y
STATE OF FLORIDA
COUNTY OI' PCNELLAS
The foregoing instrument was acknowledged before me this �day of
2009, b WILI,IAM S. HORNE, Ii, as City Manager of the City of Clearw�Cer, Flarida,
who is � personally known to me or who , produced as identification.
,,•��",,,, AnneMarie Wills ot y Publ' .
? ~�YFL'�n^CAMMIS51oN�DD841107 `,Q ll
:� �. Print Name:
� �`= IXPIRES: NOY. 24, 2012
+'!q, u;o� r yVWW.AARONNOTARY.com
Exhibit A I,egal Descriptian
Exhibit B Site Plan
Exhibit C Evidence of Ownership (Deeds)
Exhibit D Covenant regarding Hurricane Evacuation and Developraent, Use and
Operatipn
Exhibit L; Covenant of Uniiied iJse
#4�683� v6 - Hotcl 43 DVA (diGio,vunre/Tropicann)
15
ExHiBrr ��a��
Page 1 of 2
(Hatel B)
Parcel No, Street Address
Portion of
0$/29/15/17604/000/OD20 316 Hamden Drive
08/29/15/17604/000/0030 326 Hamden Drive
EXHIBIT "A"
Page 2 of 2
HOTEL "B"
Lots 1, 2, 3, 4, 2A, 3A, 4A and the Sautherly 8.d0 feet afLot lA, C�LUMBIA
SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Baok 27, Page
46, af the Public Records of Pinellas County, Florida.
LESS AND EXCEPT
That part of said Lots 1 and 2, d�scribed as follows:
Commence at the Northeast coxn.er of said Lat 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 alang the Arc
oFa curve concave to the West having a Radius of 65Q7.52 feet, Chord Bearing and
Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S
Ob°57'14" W, 61.00 fe�t; thence S 09°04'SO" W, 2334 feet; thence N 81°44'25" W, 10.77
feet to a point on the Westerly boundary af aforesaid Lot 2; thence Northerly along the
Westerly baundary of afor�said Lots 2 and l, 248.79 feet along the Arc of a curve
concave to the West having a Radius of 6397.52 feet, Chord Searing and Length being N
Q7°OS'39" E, 248.77 feet to the Northwest comer of aforesaid Lot l, thence S 84°27'30"
E, along the North boundary nf said Lat 1, said line also being the South right-o£-way
line of Third Street, 11 �.00 feet to the Point of Beginning.
The parcel contains 35,730.06 squaxe feet or 0.82U acres, more or l�ss.
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EXHIBIT C
Fvidence of Ownership (deeds)
Agostino DiGiovanni, Franscesco Carriera and Jahn Conti, as Co-Trustees of the
Tropicana Resort Land Trust being the owners of Parcel OS/29/15/17604/00�/0020
and
Flamingo Bay Gondominium D�velopers, LLC being the awner of Parccl
08/29/ 15 / 17604/��0/0030
I#: �Q05300871 BK: 14494 PG: 2333, 08/0�/2D05 at 03:34 PM, k�C�RDZNG � PAGES
$18.50 O 1]OC STAMP CaLLECTIpN $2730Q.00 KEN BURi�, CLERK OF COUIZT PINELLAS
COUPI'1'Y, P'L BY DEPUTX CLERK: CLKDMCI
t� �'>>
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W��•R R A N T Y D E E D
._`
THIS WAcR��'TY DEED is given this Isi- day ofQ�_, 2005, by MANNA J.
s :,
SHAH, an unre�n�rned"widaw, Individually, and as Surviving Trustee af the Shah FamiJy Trust
dated July 16,�19�; ?�s wel] as in her capacity as Trustee of the Marital Trust "A" and Decedent's
Trust "B" un�l�t't�iqshah Family Trust Agreement dated July 16,1993 ("Gz'antor") to FLAIVIINGO
BAY CO1Va7Q�VtI�tIUM DEVELOPERS, LLC, a Flarida Limited Liability Company ("Grantee")
whose ma4�i�.���¢dress is 163 Hayside Drive, Glearwater, FL 33767
;`��ESS�TH, that tha Grantor, for and in consideration of Ten Dollars ($10.00) and other
good �$�d'�aluable consideration to Grantor in hand paid by Grantees, the receipt and sufficiency of
wh�G�,,a�-hereby acknnwledged, has g�anted, bargained, and sold ta the Grantees, and Grantees'
k�ixs; ���tccessors and assigns forever, tha following real property, in Pinellas County, Florida,
,-�Su�ribed as folloWS: �
:. ..
.�, :.
'..4��-,-` The Southerly 45 feet of Lots 2 and 2A, and all of Lots 3, 3A, 4 and �1A, Columbia
�' `'' �' Subdivisian No. 3, recorded in Plat Book 27, page 46, Public Records of Pinellas
�
� —,'' . County, Florida .
Parcel No. 08/29/15/17604/000/0030
Together with, but withput warranty, all zipariart rights, rights vf accretion and reliction
and other water rights appurtenant to said property.
TOGETHER with all of the tenements, heredi taments, and appurtenances thereta be)anging
or in any way appertaining, subject anly to all easements, covenants, conditions, restrictions,
reservations, and ]ike matters of record, if any (provided, however, that this reference shal! not serve
to rermpose same) and ad valox+em taxes for the current year and all subsequent years;
AND, the Grantor does hercby covenant with the Grantees that the Grantor is fully seized c�F
the described real property in fee simple; that the Grantor has gnod right and Iawful suthority to sell
and convey the described real property; that the described real property is free from encumbrances,
except as indicated herein; that the Grantees shall have quiet passession of the described real
pmperty; tha.t the Grantor wil] execute or procure any fureher necr,ssary assurances of title to the
described real property; and that the Grantor hereby fully warrants the title to
Rpiirrl�; DOLlgldS N. M01]ChiSB, P.A.
300 Turner street
Clearwater. F4 33T56
PIN��?�AS COUNTY FL OEF. REC. B� 14499 PG 2399
: ��
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4
the described real property �n�d...vi�ill defend the same against the lawful claims of all persons
whomsoever. `• ��-` f
ti.--."�
IN WITNESS WI�Et�:OF, the Grantor has executed this deed as of the day and year first
above written.
Signed, sealed & � v f
t in the presence qf:
. .: i .r, �,
,{/�ohi�f� �Ca�}t�-
✓ �
;.
- iti-ti ;
;'�..,4 �..
��,�•• %
( ''ti�.. ,,
' S�'A�E OF kZORIDA )
;, -.
� '-� =• ` )ss. Clearwater
,. �; .:,:
%`'`•..'siCOUNTY OF PIlVEI.LAS )
w.
' �.�. � .
r
Ma a J. Shah, an unrr arried widow,
I ividually and as Surviving Trustee of
The Shah Family Trust dated 7/16/1993,
and Tmstee of Marital Txust "A"
and Decedent's Tz'ust "B"
Under the Shah Family Trust dated 7/16/1993
I HEREBY CERTIFY that on this day befnre me, an ofFcer duly qualified to taice
acknawledgments, personally appeared MANNA J. SHA.H, ❑ who is know to me or 0"who
produced a �� as idencification and who executed thc foragoing
instrument and acknowledged before me the execution af the same.
WTTNESS my hand and official seal in the County d State last aforesaid this ,�� day
af , 2QOS_
NOTARY P LIC
My Commission Expires:
�+ � N013ry PubliC SIafD of Ffprida
!L � Sa�draLSarvidio
My ConHnession DD431918
R:1rvp511CLlENTS\SHAH�WARRANTY dEEb TO RI.AMINGO BAY CONDOMINIUM . �ia d� Exp�SpFJ25plppg
a
T#: 2004470137 sK: 13977 pC3r 909, 12/02/2009 at OS:35 PM, t�CORDING 3 PAGF:S
$27.q0 D DdC STAMP COLLECTIDN $29850.00 ICARLEEN F. DE BLAKER, CLERK QF CpLJRT
` PINELLAS COUNTY, FL 8X DEPUTX CL.�k7K: CI.KDMtl3
; "ti
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,,t'
�� PREPARSD BY AND AETfJRx1,:'�O�?.:
r� � Steph�n 0. Cole, Esqt�r$
�;;Gl Macfarl�ne Fergusoq•',b�`�7�Mu11en
�. 625 Court Street, �d�,k� 200
Post O�fice Box ��$�••�P�3757)
Clearwater, Flor�da`,.33756
c�'-
: � M
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�` WARtiAtiTZ D��A
.= i -: `�;; ..
i'- � `",; `
xFL��w-._,XNDENTURE made this �ay of December 2009, between
�EpE`,•�.i3R�0+RATi� TtRC., a llorida aorporation, of the County of
pi��gl:],�j's, and the State of Florida, Party of the First k�art, whose
�,T}�ig address is 2919 West Bay Prive, Belleair Bluffs, Florida
�,.w:, �
3�770, and Joi�l CAIiTZ, FliANCESCO CARAIER7► and AGOST�NO DiGiGM1r,Alit�Ti,
��.4 _
-. �� _ .
r''•.,�a}s Co-Trusteeg oP TR�OPICANA R85dR7 LANA TRTJST, wikA £ull power and
.._ti._..�
authozity either to protect, conserve and to sell, lease,
encumber, including all powers as setforth in E.S.fi89.071, or
otherwise dispose of the 'real property described herein, Party of
Che Second Part, whose mail;Lng addtess is ���i�S/ �CI' �'�,
Gt ���-� GG 3 3� � 7.
W I T N E S S E T H:
That the said Party of the Eirst Part, for and in consid-
eration o£ the sum of Ten Dollars (910.00) to it in hand pazd by
the said Party of khe Second Fart, 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 parce]. of land lying and being in the Coixnty of Pinellas,
and State of Elorida, more particulaxly described as follows:
ssE �rrszx „a�„ ATTAC2i�R �.tETO ]1tiD MADE A PART f�i80S.
Subject to 20D5 real estate taxes; and restrictions,
reservations and easements of recoYd.
parcel I.D. Na. 08/29/15/176U4/000/OO1D
Together with all the tenements, hereditaments and ap(aur-
tenances, with every privilege, right, title, interest and estate,
-1-
piNELTJ►S COf3NTY FL OFF. REC. SIC ].3977 PG 930
r--- -_ _.__ _ _. --- - - - . _ . _.. -.. � _
,�;
. �,
;_� ,:.y
. � .� ...
, � ' - ' �:
��,ti
.:� `�_ �;
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dower and rig�it �•...Q�' dower,
reversion, remainder and easement
thexeto belongin.c���or in anywise appertaina,ng.
TO HA�i��,�;AND TO HOI,D the same in fee simple forever.
And t,.,lt@ said Party of the Fi.rst Part does covenant with Che
;,;,�
said Pax,��•-b� the Second Paxt that it is lawfully seized of the
said p��q�}.�es, that it are £ree of all encumbrance, and that it
has,'gp��i; ziqht and lawful authority to sell the same; and that
s 2d��;��rCy of the First Part doth hereby fully warrant the title
�•-;,
�.. S ?.
�x9._§�4d land, and will de:fend the same against the lawful claims
�....'z.` .
''�� ��'-d�� (7Ai90ri8 whomgoever.
r'•�,, .
�..
�;`�•,� ; IN WITNESS WHEREOP, the said earty of the First Part has
.� r
' hereunto set its hand and seal the day and yeax first ahove writ-
ten_
Signed, Sealed and Deli.vered
i.n Oux Presence:
�
Pr' Name w� ,,,yr
Print Name
STATE OF FLORIDA
COUNTY OF PINELLAS
JEDE CORPARATION, INC.,
a Florida,cor[ioration
��
Hy:
Deborah Well , as President
I HEREHY GERTI�'Y that before me personal].y appeared
DEBORAH WELLS,•as President of JEDE CpRPORATION, INC., a Floxida
corporation, � to me personally known, O or Nho has produced a
current/valid driver's license as identification and who did take
an oath, known .to me Co be the persons described in and who
executed the foregoing instrument, and severally acknowZedged the
exacutivn thereof Co their free act and deed as such officers, for
the uses and purposes therein axpressed, and the said inatrument
is the act and deed of said corporatian.
WITNESS my har}��nd offi ' 1 seal at Clearwater, said County
and State, this � d�y of � 2009
Not r P bJ.i.
Pz nt Name:
My Comnissian Expires:
[SEAL] �w�,� �p�p�bnd
� n�, can,,,r�w, ooaa�
as E,oyalwpm�o.acos
-2-
PIta�LLnS COUNTX FL OFF_ RfiC. EK 13977 PG 911
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. - ` =,� ,4 s�uioiz ,.
ti'ti_� �;�., ..__
PA84El. 1: ;� �..J�,`i J
�.00a 1 snd LT� C�?GG�MDaT sunnxvzsiox HO- ]. accordiaq LO P�.�C tL�ISOf
peoe[dad in P1a! Loek Z7. paga s6� Publ:a Aewsdn o! Plnellaa Conpty,
Plocida: LBS��t��b:gouth 36.5 Se�t aC aaid Lo[ 1R; �nd •l�c lraa t5•
[ollovinq elac:ilbed portion oL Loe 1: u�gin at a peine in th� Ma�C
boun4arp er-'�dd 4ot :, ++hzch aaid peiat ia.lacatod 2�.87 t��C Nartb
�lang thei9`b•iQJlina iTOm tha BouCh�eati corochuateatabllAheG�crunpC6�nc�e
H�qin4ipg••�•.`ari�d trom the Poln[ o[ Oeginain9
gpuCh �..dfbApnee oL�:�.B7 LaeL Co t6a 9autpV�aC ooYn�i o[ aaid Lee 1;
rVp tr��jr�,�,'ssC alang Cha so�th Leundar7 of aaid Lot 1. � Q�AC�1IIGe oC
ilo Eaqe�,CR =�e 8euthaaaC corner ot 9aid C.ot; r�a thenee NaYtn alang eha
Easr'•.bp5i+decy o[ aaid loe a 6i9tanae ot 26.5 laae; :un Chencs Naa: 7,n a
..:x3dtiC�Sina to Che •atabli�hed poine af baqinui.n4•
,'�, ',
,-� {;ejc'9'hree f71 :n Dlock T ut cOLUNfl:il no. 2 ae�ordi�+4 �o :h• map ec pla:
"•,plfqreoE ]� :OCORd9d iP F1AG OoolC 2� Pa9i 79 vl tpM PUOl�C AOSO;A9 oC
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$44 . UD D DOC STAMP COI�LECTION $4933.80 KARI,��N F. DE BI.AI�R, C7�RK OF COURT
pENELLl1S COUNT:C� FI, SY DEPUTY CLERK: CLKRD25
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7H1S �JSTRUM@NT WAS P�°-r���t�P�R�D BY AN➢,
AFIER RECORaIidU, RSI'URN TC):'
paWd R. Pu�k, &squire �" `.
CqRLTON FISLDS, P.A.. _
200 Ccntral Avenue, SuitC?.`1. 00 ;'
SI. PNcrsburg, FloriJq'337.QI, ,'
(72�621-7000 ;, t •.y.
(727) 822-J7bB (F'esirlyle)"�
�. �. \ .
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Grantee's TIN4� "t
Percel Noa.:�l1& �175586-0Ol-ODID .
, r�1i-29�f 5-175586-001-OOYo
,.i
,� •,`�,`, WARRANTY DEED
<.'/ r .
! E�����'I`liIS WAItRAN'I'Y AEED is given this � day of December, 2004, by
��_�7�`ANDROS GALIATSATaS, as Trustee of the Ai..EXANARpS GALIATSAT05 INTER
,O5 TRUST AGREBMENT AATED MARCH 3, 1997, and STAMQ G. GALIATSATOS,
:• 'as; l'rustee of the STAM4 GAIdATSATOS [NTER VJVOS 7'RUST AGREEMENT DA"fEA
,.�' ���fARCH 3, 1997, whose mailing address which is 305 Coronado Drivq Clearwater, Flarida
'� ,��33767 (wllectively "Grantor'� to AGOSTiNO DiGTOVANNI, FRANCESCO CARRIERA, and
`"l JQHN CONTJ, as GaTrustees of the T120PICANA RESORT LAND T�LUST, together with fuJl
power and anthority to canserve, preserve, protect, sell, lease, mortgage, develop, subdivide or
otharwise manage and dispose of the reat property described herein, including all those powers
as set forth in Florida Statute sectidn 6$9,071, whose mailing address is 163 Bayway Dtive,
Clearwater, Florida 33767 ("Grantee'7.
WITNE55ETH:
THAT GR:4IVTqR, for and in conaideration of TEN AND NO/100Tii5 bOLI.AR5
($lO.Otl) and other gpod and valuable consideration, to Grantor in hand paid by Grantee, the
receipt and legal sufficiency of which are hereby aclrnowledged by Grantvr, has granted,
bargained, and aold to Grantee, and Grantee's succeasors and assigns foxever, all Crrantor's
undivided one third (1/3) interest (1/6 interest from each Granlor) in all of the real property in
Pinellas County, Plorida, descrihed in &xhihit "A" attached hcreto and by this reference made a
part hereof (the "Prs�t�');
7'0C3ETHER with: (i) all of the right, tide, inlerest, clsim, and demand which Grantor has
in.and tv, all and singular, the benefits, rights, privileges, easements, tennments, hereditaments,
and other appurtenances pert�ining to the Property, if any; and (ii) all improvements of whatcver
kind, character, or description to or on the Property, if any,
S[1B.TEGT TQ ad valorem taxes for the year 2005 and any other taxes ar assessments
levial or assassed against the Property subsequent to the date hereof, and all of the matters
described in Exhibit "B" which is attached herct� and by lhis reference made a part hereoF
(collecNvely, the "Permitted Exce�tions");
STPfl5T696i=1 �
PINELZAB COUNTY FL OFF_ REC. BK 14004 PG 579
�. 'i
` '�Y� ..., L �
TO HAVE AND Tp #�C!}�D the same in fee simple farever; and
GR4NTOR herebX �,Q;v�nants with Grantee that it is ]awfully seized of the Property in
fee simple; that it has g�dd;right and lawful suthoriry to sell and convey the Property, th�t ii
hereby fully wsrrants t�e�ll� to lha Property and will defend the same against ihe lawful claims
of all persons whomsoeVer; and that the Property is free of all encumbrances, except for the
1'ersnitted Exceptiqnr�, „
T}ais is �o�i�h~Bfcial properiy and is nol, nor has it ever been, the Homestead of the
. �,
Grantor. '
�'t:.i
r. �� .
M�V�'X�SS WfTEREOF, Granlor has txecuted this Warranty Deed on the day and year
first abovC �iften.
•._..'
�u n�a�-- --- - - - � ._
(Print neme Icgibly on this line)
s�rv�rs�c9as.�
%
�� � c. C �.•� ��z;
�NDRDS GAl.IATSAT S, AS
TRUS7HS OF T'H� A[.EXANDROS
6ALIATSATOS II+iC�R VNOS 7RUST
AGItEEMEIV'I' DA7"ED MARCH 3, 1997
305 Coronado Drive
Clearnnter. Flvrida 33767
/� ,
S .t �.c.z., l�.s�L� �i�rr�--- -
STAMO G. GALIATSATOS, AS
TRi1STEE OF 'CHE STAMO
GALIATSATOS INTER V1VOS TRUST
AGREEMENT DATFD MARCH 3, 1997
305 Coronado Drive
Cleerwater, Florida 33767
PINELI.AS COUNTY FL OFE'. REC. BIC 14004 FG 579
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srArE oF �i.oiunA •j'; ;�
cour��r oF pw�z.t�,s� -,-:�:� �
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The foregoing iQs�eht was acknowledged before me this � day vF
2004, by ALBXANpR �G�y� IATSATOS, as Trustee oTthe ALEXANARpS GALIAT5AT05
iN'TER VIVOS TRUS��►GRi:E1vIENT DATED MAR.CH 3, 1997 individu
the Trust. He is pe�on�ally known ta me or has produced ____�� �e) driver's lic��ense�
no. _ _(y ��— �jg '�5"� D'64 —d � as identification.
'+. �, �'�:
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My Comrqissi ' xpires:
� � � NOTARX PUBLTC (SiLGn e)
/�1`M 0.PIAQAK %!�l
(f�'CC�q�N1I I OD09pllpp
- ib.�886oMrAe�2B.2005 (i�[1t1tEd Ti3iY1C� .
�-=�.� : (Titlm or Rank)
i�,_� �
(� i;. `�:' (Serial Mumber, if anY)
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���"' STATE QF FLOItIDA )
CO[3NTY OP PINSLLAS )
The foregoing.instrument was acknowlcdged beforo me this ds►y of
2004, by S1'AMO 4. t3ALIATSATOS. as Trustee of the STAMp GALIATSATOS INTER
VIV05 T'ItUST AGRBSIVIE?NT bATED MARCH 3, 1997, individually a e e
Trust. She is personally lmown to me or has produced �� (c�at driver's license no
_ (�Ll�i -'�.$Q-3( ;..�b�Q ,� as iden4fication.
My Couunission Sxpirea:
NOTARY P LIC (Si� t
X SEAL) � YI?/�'
� a�vmart�
' ���� �� (PrinWd Name)
wr�.w,.
(Title pt Rank)
(5erial Numbtr, if any)
s�rus7a�ez.�
ATNLLLA.S COUNTY FL OFF: REC. $K 14004 PG 580
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C''' � EXHIBIT "A"
� .�� �
� �`�, :` 1Lees1 Descrtodon oiP�erty
; �'; �-..J
Lots 1 and 2, Slock A, �1C0$.�Iv�IA SUB. NO. 2, according to thc map or plat thereof as
recorded in Plat Book 2[;•A�ge 79, of the Puhlic Records oFPincllas County, Florida.
.
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Pxt�lE7LZ.HS cotJxT]r �'L or�F_ RLC. sx 1aao4 PG 581
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ti- ! E7CHI$IT "�"
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� � ;� �� � J Permltted Exceotions
jr= f,�� _�
Taxes for the ye�i�-7AQ5, and all subsequent years, which are rtot yel due and payable.
ti
2. Matters on P#�t Sa:orded in Ptac Book 21, Page 79, of the Public Records of Pinellas
County, Florida. . `• `
,,��....::�;
3. Rig}its,�af t�ts and possession under. verbal leases.
4. De�1a�"a�f��il',oiUnity of TitI6 recorded in pff cial Racords Book 9849, beginning at Page
292, oit}R��?�61je Records ofPincllas County, Florida.
�;�
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S. :;Ri�ht� of the CJnited States Goversunent and/or the State of Florida arising undar the
Uni�ecj;5�ates Govemmcnt control over navigable waters and the inalienable righls of the State ot
Flori�a �n the lands or water of similaz charaater, as to any part of fhe Property which is
s�bi��fg�d beneath navigable watvrs or maybe ariificially filled in land in what was formerly
�{i�bi�a�ile waters, and any accretions thereto.
�_ � _:
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FSIr;FS/1'i�i#i
I�i: 20(*5014958 BK: 14067 PG: 1895� O1/18/2005 ati 03:14 PM, RECOFtDING 2 PAGES
$18.5P D DOC STAMF COLLECTZON $15400.00 RCEN SURI�, CLERK OF CO[7RT PINET-.r.na
CpUNTY, FL SY DEPUTX CLERK: CLF�MC3
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.: `� : � WARRAN'(Y DEED
;,`;.; .`Y�%
THI31(�l �RF,3d4MY DEED made the � day of January, 2U05, by SEACOVE
PARTNER�F1(�'�'-an Illinois General Partnership, hereinafter called the grantor, to
AGaSTl1�0, DI�'aIOVANNI and FRANC�SCO CAh2RIEF2A and JaHN CONTI, as Ca-
Trustee �f.}hQ 7ropicana Resort Land Trust, with ful! power and authority ta deal in and
� ;,..
with the ploperty or any interest therein including full power and autharity to protect,
� cnns,��yr�; s,8��, lease, encumber, develop, manage or dispose of tha property, including all
/'` povK�►s Fapder FS689.D71(1), whose mailing address is 163 eayway Drive, Clearwater, FL
`J� 3�`�67�i�reinaRer called the grantees:
-'+ - W17NESSET1i: 7hat the grantor, for and in consideration di the sum of T�N
( ����,..�
;-{$�Q,00) DaLLARS and other valuable cortsklerations, receipt whereof is hereby
r�; .��i5oWledged, hereby grants, bargains, sells, alienss, remises, releases, cpnveys and
�' w�oi�firms unW the grantees, all that certain land situate in Pinellas Gounty, Flarida, to-wit:
'�,'� J
F�R LEGAL SEE EXHI817'A" ATTACH�D HERETO
TOGE7HER with all the tenaments, hareditaments and appurtenances thereto
belonging or in anywise appertaining.
70 HAVE ANU TO H�LD, the same in fee simple forever.
ANb the grantor hereby covenants with said granlees that the grantor is lawFu�ly
seized of said land in fee simple; that the grantor has gaod right and IawFul authority to se{I
and convey said land; that the grantor hereby fully warrants the title to said land and wifl
defend the same agafnst the 1awFul claims af all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to December 31, 2004.
IN W17NESS WHER60F, the said granWr has cauaed these presents to be signed
and sealpd the day and year first above written.
' Slgned, segled and delivered
in aur presence: 5EACOVE PAR7NERSHII', an Illinois General
Partnership
By. -���:� � _
Print: �e �t�oberson, �eneral ParMer
� �y:.��o �
nnt: Pau J.� scheid, enera artner
STA7E OF FLqRIDA
COUNTY O� PINELIA$
I HEREBY CERTIFY that on this day, before me, an officer duly authoriaed in the
State aforssaid and in the County aforesaid, to take acknowledgments, personally
appeared EARLE L. ROBERSON and PAUL J. HQBSCHEID, Oeneral Partners of
SEACOVE PARTNERSHIP, an tllinois General Partnership, who are personally known to
me or who produced drivers lioenses as ident�cation. They acknowtedge that they
executed the foregoing Warranty Deed for an on hehalf of said par►nership.
WITNESS my hand and seal in the County and State last aforesaid this ��
day of January, 20p5.
Notary Pu
RE�1fdV 1�Dc
Prepared YsY:
JF�Y C. �HB, k�QUIItE • Mr�r� � F7�IE5
501 S. f`t. Flarrison Ave. � N206 S.pbn�hr tti 2oer
r� ^ —tier� EL 33756 "11°1°"°"'0�'""'�"'��
PxNELZ�P.S GOUNTY Fl, OFF. REC: BK 14067 PG 1896
- - • .. �. . . ;�
44 l,
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YARC�L N�. L• �'� ....
i.ot 4 in B1oE1� �A,D�.COLUMBIA SLJBDNISION NO. 2, according ta the map or plat
thareof re��rde�ip Plat Sook 2l, Page 79, of tha Fublic Recorcls of Pinellas Counry, Florida.
k-: 7
hr.
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I,��s.Z'`aiid 2-A, COLLTMBIA SUBDI'VlSION NO. 3, LESS thc SoutherIy 45 feet thereof;
,;a�d #ti�t part of Lot 1 in COULUMBIA SUBDNlS10N ND. 3� describcd as follows: Bcgin
;'�;�t�`�oint in thc Wcst bound:uy of saicl lot� which said point is located 24.87 fcct North �long
=., `'�aidline Trom the Southwest comer ofsaid lot foY a Point of Begi�ni�ag; and itom the Po�nt
`�� °� o�Beginning ihus established, run thancc South a distnr►ce of ZA.87 icet ta ihe Sauthwest
i}� i;corner of said lot; run thence East alang the South boundary of said lot a disiance of 1! 0 fect
L` `� .J�to the Southeast comer af said fot; xun thence Narth along tha E�st boundary of said lot a
��`s distance af 26,5 feet; run thenCe West ia a straight lin� to the cstahlished Point ofBegutning.
,�_..a
'�'`� �'- '' Together with the Svuth 26.5 feet of I.ot 1-A in said COLUIvIBIA SUBDN1510N NO. 3,
�. .5;; 1,�
��� �� � accordiag to the mep or plat thercof recotded in Plat Bnok 27, Psgs 46, of the Public Records
`.�.n.,: af Pinallas County, Flarida.
F�i78Z'i' ��A��
EXHIBIT D
CnVENANT REGARD�NG HURRICANE EVACUATION
and
DEVEL�FMENT, USE AND OP�RATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARAT�ON OF C�VENANTS AND RESTRTCTIONS
("Declaration") is made as of the day of , 2009, by Agastino
DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort
Land Trust and Flamingo Bay Condominium Developers, LLC, a Florida limited liability
company (collectively, "Developar").
Developer is the owner of fee simple title to the real property described in
Schedule A attached h�reto and made a part h�reof (hereinafter, the ("Real Property").
The City of Clearwatar, Flarida (tk�e "City"), has amended its Comprehensive Plan ta
design.ate Clearwater Beach as a Cotxaznuniry Redevelopment District pursuant to the
Pinellas County Planning Council Rules in order to implement the provisions of Beach by
Design, a plaut for the revitalization oF Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopznent District
(the "Designation") pravides far the allocation of Hotel Density Reserve Units as an
incentive Far the development of mid-size quality hotels. Pursuant to the Designadan, the
allocation of Hatel Density Reserve Units is subject to compliance with a series of
performance standards, including a requirem�nt that resorts containing a hotel developed
with Hatel 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 Seach. The purpose aF such evacuation is ta ensure that such a
Resort Hatel is evacuated in advance af the period oi time whcn a hurricane evacuatian
wauld be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resalution , passed and
approved on Developer's application for Hatel Density Reserve
Units pursuant Co the Designation, subject to Develaper's compliance with the
requirements of the Designation. Developer desires for itself, and its successors and
assigns, as ow�txer, to establish certa.in rights, duties, obligatians 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 successaxs and assigns and will run with the title to the Real Property.
THEItEFORE, in consideration of the cavenants and restrictions herein set forth
and to be observed and perform�d, and in further consideration of the allocation af Hotel
Density Reserve Units to Developer, and ather good and valuabl� consideration, the
suFfiiciency of which is hereby acknowledged, Developer hereby declares, covenants attd
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 alsa for the benefit af the residents of the City
and shall be enforc�able on behalf ot said residents by the City Council of
the City.
2. Covenant of Develo ment Use and O eration. Developer hereby
covcnants and agxees to the development, use and operation o F the Real
Praperty in accordance with the provisions of this Declaration.
2.1 Use. The use of the r�sort on the Real Froperty is restricted as
follows:
2.1.1 Occupancy in the overnight accommodation units from
the Hotel Density Reserve is limited ta a term of ane
month or thirty-one (31) consecutive days, whichever is
less. Such units must be licensed as a public lodging
establislunent and classified as a hotel, and must b�
aperated 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 fractianal
share unit fram ownin� 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 fractianal share unit, No unit shall be used
as a priznary or permanent residence,
2.1.3 As used herein, the terms "transi�nt occupancy," "public
lodging establishment," "hotel," "time share," and
"operator" shall have the meaning given to such terms in
Chapter 509, Part I, Florida Statutes (2U09).
2.2 Closure of Improvements and Eyacuation. The Hotel developed
on the Real Praperty shall be clased 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 gu�sts, visitors and emplayees other than emergency and
security persannel reyuired to protect the resort, shall be evacuated
from the Hotel as soon as practicable following the issuance of
2
said hurricane watch. In the event that the National Hurricane
Center shall madify the terminalogy employed to warn of the
approach of hurricane force winds, the closure and cvacuation
provisions of this Declaration shall be governed by the level of
warning emplayed by the National Hurricane Center which
precedes the issuance of a forecast af probahle landfall in order to
ensure that the guests, visitnrs and employees will be evacuated in
advance of the issuance of a forecast of probable landfall.
Effective Date. This Declaration shall become effective upan issuance af
all building permits required to build the project ("Project") and
Developer's commencement of construction af the Project, as evidenced
by a Notice of Caznmencement for the Praject. This Declaration shall
expire and terminate automatically if and when the allocation. of Reserve
Units to the Developer expires or is terminated.
�} Governing Law. This Declaration shall be construed in. accordance with
and governed by the laws of the State vf Florida.
Recordin�. This Declaration shall be recorded in the chain af title of the
Real Property with the Clerk of the Courts of Piilellas County, Florida.
6 Attorneys' Fees. Develaper shall reimburse the City for any expenses,
including reasonable attorneys' fees,. which are incurred by the City in the
event that the C.ity determines that it is necessary and appropriate to seek
judicial enforceznent of this Declaration and the City obtains relief,
whether by agreement of the parties or throu�h arder of a court of
cornpetent jurisdictian.
7 Sev�rabilit . If any provision, ar part thereaf, 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 rernainder of this
Declaration, or the application of such provision or portion thereaF to any
person ar circuxnstance, shall not be affected thereby, and each and every
other provision af this Declaration shall be valid and enforceable to the
iullest extent permitted by Iaw.
[SIGNATURES PAGES TO FOLLOW]
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed
this �, day af 2009.
WIT`NESS�S:
Printed Narne:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Printed Name:
Agostino DiGiov�nni, as Co-Trustce af
the Tropicana Resort Land Trust
Francesco Carriera, as Co-Trustee a:f
the Tropicana Resort Land Trust
John Conti, as Co-Trustee of
the Trapicana Resort Land Trust
FLAMINGO BAY CONDOMINIUM
DEVELOPERS, LLC, a Flarida limited
liability company
�gostino DiGiovanni
President
CITY U CLEARWATER, F'LORIDA
By: A�'��.+.v+.
William B. I-�orne II, City Manager
Altest:
4
�������
r�
�
STAT� QF FLORIDA
COUNTY OF PINELLAS
, �
a�� �
���.
a E. Goudeau, City Clerk
- _
V. Hibbard, Mayor
ve as For :
r
Leslie K. Dougal -S'd
Assistant City Attarney
The foregoing instrument was acknowledged before me this_day of ,
2009, by Agostino Digiovatuii, as Co-Trustee of the Trapicana Resort Land Trust, who is
� personally known to rrxe or has produced as
identif cation.
Natary Public
Print Name:
STATE OF FLORiDA
COUNTY 4F PINELLAS
The fnregoing instrum.ent was acknowledged bcfore me this�day of ,
2009, by Fra�ncesca Carriera, as Co-Trustee of the 'Cropicana Resort I.,and Trust, who is
� personally known to me or has produced as
identification,
Notary Public
Print Name:
�
S'TATE OF FLORIDA
COUNTY OF PINELL�15
The foregoing instrument was acknowledged before rr►e thisTday of ,
2Qp9, by ]ohn Conti, as Ca-Trustee of the Tropicana Resort Land Trust, who is
personally known to me ar has produced as identification.
Notary Public
Print Name:
STATE OF FLORIDA
COUNTY OF PINELLA5
The foregoing instrument was acknowledged before me this�day of ,
20p9, by Agostino DiGiovatu�i, as President af Flamingo Say Condomi�aium Developers,
LLC, a Florida limited liability company, on behali of the compr3ny. He is
persanally known to me or has produced as identification.
Notary Public
Print Name:
STATE O�' FLORIDA
C�UNTY OF PINELLAS
The foregaing instrunnent was acknowledged before me this �day of , 2009, by
WiLLIAM B. �-I�RNE, II, as City Manager of the City of Clearwater, Florida, who is
Y personally known to r�ae or who � produced as identiiication.
Notary Public
Pzint Name:
6
SCHEDUL� A
HOTEL "B"
Lots 1, 2, 3, 4, 2A, 3A, 4A and the 5outherly 8.60 feet oiLot lA, COLUMBIA
SUBDIVISIQN IVQ. 3, according to the plat thereof as recorded in Plat Bvok 27,1'age
46, of the Public Records of Pinellas County, Florida.
LESS AND EXCEPT
Thai part of said Lots 1 and 2, described as follows:
Commence at the Northeast corner of sa.id Lot 1 for a Point of Be�inning; thence
Southerly along the Easterly boundary of said lot 1, said line �lsa 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 Rad.ius oi 650�.52 feet, Chord f3earing and
Length being S 06°45'36" W, 16�.�I feet; thence N 83°OZ'46" W, 99.73 feet; thence S
06°57' 14" W, 6I .UO feet; thence S 09°04'S0" W, 23.34 feet; thence N S 1°�44'25" W, 10.77
feet to a point on the Westerly boundary oF aforesaid Lot 2; th�nce Northerly alon� the
Westerly boundary of aforesaid Lots 2 and 1, 24$.79 feet along the Arc of a curve
concave to the West having a Radius of 6397.52 feet, Chord Bearing and �,ength being N
07°OS'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30"
�, along the North boundary of said Lot 1, said line also being the S�uth right-of-way
line �f Third Street, 110.00 feet to the Point of Beginning.
The parcel contains 35,730.06 square feet or 0.820 acres, rnare or less.
EXHTBIT E
COVENANT OF UNIFIED USE
PLEASE R�TURN RECORDED
DOCUMENT TO;
E. D. Armstrong III, Esquire
lohnson, Pope, Bokor, Ruppel & Burns, LLP
911 Chestnut Street
Clearwater, Florida 33756
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFTED USE (the "Agreement") is executed this _day
of , 20Q9 by Tropicana Resa�t Matels, LLC, a Flocida limited liability
company (" Developer"),
WITNESSETH:
WHEREAS, Developer is the owner of the real prope�rty le�ally described on
Schedule "A" attached hereto and incarporated herein by reference (the "Real Property");
and
WI-IEREAS, Developer and the City of Clearwat�r, Florida (the "City") are
parties to that certain D�velopment Agreement dated , 2009 (the
"Devela�menl Agreement"), pursuant to which the City has agreed that Developer may
develop and construct upon the Real Praperty a hotel project as described in the
Development Agreement (the "Praject"); and
WHEREAS, Develqper intends to develop and operate the Real Yroperty 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 gaod 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 canstruct the Project and Develop�r
commences construction thereof, as evidenced by a Notice of Commencennent far the
Project, the Real Property shall be developed and operated as a hatel and fractional
share/interval ownership project, as described in the Development Agreement. The
restrictions set forth in the preceding sentence shall expire automatically r�vhen and if
Developer's allocation o.f 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, assi�n, transfer or otherwise
convey its riglxt in and to the Real Property or any portian or portions thereof to unrelated
third-parties. Fu�ther, nothing in this Agreement shall preclude the purchase �nd sale of
one or �aaore Faractional Shaxe Units that rnay be constructed as a part of the Projeet (the
"Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) ii
sold in a condominium form of ownership), ta separate, unrelated third parties, provided
that such Fractianal Share Ownership or Hotel Units are operated and occupied as part of
the Project as a single unified pcoject 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, Develaper has caus�d this Agreement to be executed
this day o£ , 2009.
WITNESSES:
Printed Nama: Agostino DiGiovanni, as Co-Tcustee of
the Tropicana Resort �,and Trust
Printed Name:
Printed N�me: Francesco Carriera, as Co-Trustee af
the Tropicana Resnrt Land Trust
Printed Name:
Printed Name: John Conti, as Co-Trustee af
the Tropicana Resort Land Trust
Printed Name:
Printed Name:
Printed Narne:
FLAMINGO BAY COND�MIlVIUM
DEVELOPERS, LLC, a Florida limited
liahility company
�a
:
Agostino DiGiovanni
Pr�sident
CITY OF CLEARWATER, FL�RIDA
By: �,t��X1a.N!t- �
Printed Namc: William B. Horne II, City Manager
Printed Name:
STATE OF FLORIDA
C�UNTY OF PINELLAS
,\ �� v�
' ��/���ry.�
�
�'1
Attest• r �
Cynthia . Goudeau, City Clerk �!
Co igned:
� �
ranlc V. Hibbard, Mayor
A v o Fo �
Leslie K. Dougall-S' e
Assistant City Attozn
�
-��C
�
The foregoing instrurz�ent was acknowledged beFore me this�day of ,
2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is
_ persanally known to me or has produced as
identif cation.
Notary Public
Print Name:
STATE OF FLORIDA
COUNTY OF PIN.ELLAS
The foregoing instrument was acknowledged before me this_day of ,
2009, by Francesco Carriera, as Co-Trustee of the Trvpicana Resort Land Trust, who is
____ personally known to me or has produced as
identification.
Notary Public
Print Name:
3
STATE OF' �LQRIDA
COUNTY OF FINELLAS
The foregoing instrttment was acknowledged befora me this�day of ,
2009, by John Conti, as Co-'I'rustee of the Tropicana Resort Land Trust, who is
persanally known ta me or has produced as identi�cation.
Notary Public
Print Name:
STATE �F FLORIDA
COUNTY QF PTNELLAS
The faregoing instrument was acknowledged before me this_day o E ,
2009, by Agostina DiGiovanni, as President of Flamingo Bay Condorninium Developers,
LLC, a Florida limited liahility company, on behalf of the company. He is
personally known to me or has produced as identiiication.
Notary Public
Print Name:
STATE OF FL�RIDA
COUNTY OF PINELLAS
The foregoing instnun.ent was acknowled�ed before rne this�day of�009, by
�LLIAM B. HORNE, II, as City Man�ger of the City af Clearwater, I'lorida, who is
personally known ta me ar who _ produced as identiFication.
'•���"•'' AnneMarle Wills t ry u
: �~�r �'4�% �
._:�� �C�+MissioN�po8a11p7 Pri t Name:
�� .�'�`,.�`�a`'pcPIRES: NOV, 24, 2012
•�,e�•• wvrw.AnRONNoTEwr.�m
4
SCH�DULE A
HOTEL "B"
Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet af Lot lA, C�LUMBIA
SUSDIVISI�N NQ. 3, according to the plat thereof as recorded in Plat Book 27, Page
46, of the Public Records of Pinellas County, �'lorida.
LESS AND EXCEPT
Tha.t part of said Lots 1 and 2, described as follows:
Commence at the Northeast corner of said Lot 1 for a Paint of Beginning; thence
Southerly along the East�rly boundary oisaid lot l, said line also being the Westerly
right-�f-way line af Hamden Drive (Hamiltan 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
[.,ength being S 06°4S'36" W, 167.41 faet; thence N 83°02'46" W, 99.73 feet; thence S
06°57'14" W, b1.�0 feet; thence S 09°04'S0" W, 23.34 feet; thence N 81°44'25" W, 1Q.77
feet to a point on the Westerly boundary of aforesaid Lot 2; thence Northerly along the
Westerly boundary oiaforesaid Lots 2 and 1, 248.79 feet alang the Arc of a curvc
concave to the West having a Radius of 6397.52 Feet, Chord Beuring and Length being N
07°OS'39" E, 248.77 feet to the Northwest corner af afaresaid Lot l, thence S 84°27'30"
E; along the North boundary oF said Lot 1, said line also bein� th� Sauth ri�ht-af-way
line of Third Street, 110.0U feet to the Point of Beginning.
The parcel contains 35,730.06 sc�uare feet or Q.820 acres, more or less.