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DVA2009-00001
0 0 DVA2009-00001 101 CORONADO DR HOLIDAY INN EXPRESS PLANNER OF RECORD: WW ATLAS # 267A ZONING: T LAND USE: RFH RECEIVED: 03/03/2009 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC : CDB: CLWCoverSheet 0 LL °U Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ? SUBMIT APPLICATION FEE $ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) It CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 10/14/2003) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Decade Companies Income Properties MAILING ADDRESS: 13555 Bishops Court, Ste 345, Brookfield, WI 53005 PHONE NUMBER: 262-797-9215 FAX NUMBER: CELL NUMBER: EMAIL ADDRESS: PROPERTY OWNER(S): Decade Companies Income Properties (Must include the names of all property owners on deed - please PRINT full names) AGENT NAME: Keith Zavac, PE, RLA, LEED AP: Keith Zavac & Associates. Inc. MAILING ADDRESS: 701 Enterprise Road East, Ste 404, Safety Harbor, FL 34695 PHONE NUMBER: 727-793-9888 FAX NUMBER: 727-793-9855 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 101 & 105 Coronado Drive LEGAL DESCRIPTION: See Attachment A PARCEL NUMBER: 08/29/15/15606/000/0141; 08/29/15/00000/320/0200: 08/29/15/17550/002/0012 PARCEL SIZE: 0.72 (acres, square feet) PROPOSED USE AND SIZE: 108 limited service overnight accommodations (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF ANY RELATED REQUEST(S): See Attachment B (approval of a development to include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO x (if yes, attach a copy of the applicable documents) 0 0 B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.13) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): 1? STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; $ INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED I DEVELOPMENT PROPOSAL WERE TO BE APPROVED; i ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; EO COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4-202.A) 10 SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G) Provide the following contents to the development agreement, as follows: ontents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development code. Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. 1. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) 4 SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ? COPY OF RECORDED PLAT, as applicable; ? PRELIMINARY PLAT, as required; 6 LOCATION MAP OF THE PROPERTY. i, TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines.) - please design around the existing trees; GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; (* Note: Per Section 3-911, all utilities shall be located/relocated underground) All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #701); _ Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. 1A SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; - Number of dwelling units proposed; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights Impermeable surface ratio (I.S.R.); and _ Floor area ratio (F.A.R.) for all nonresidential uses. REDUCED SITE PLAN to scale (8 %X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: - One-foot contours or spot elevations on site; - Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); - Streets and drives (dimensioned); - Building and structural setbacks (dimensioned); - Structural overhangs; Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or reater, reflecting size canopy (drip lines) and condition of such trees • • G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ?J LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on required tree survey); Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ? REDUCED LANDSCAPE PLAN to scale (8'/z X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y2 X 11) (black and white and color rendering, if possible) as required. 1. SIGNAGE: (Division 19. SIGNS / Section 3-1806) A Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'/2 X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801.C) Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my authorize?ity representatives to visit and photog?Ovy"P101101g described owner or representative =O BFTrY ACKERMAN r C? nt U)O'Con$ir, Lj),f,cke5hrt STATE OF FbGRfBA, COUNTY OF PINE 66A Swor to and subscribed before me this day of /WA4 A. D. 2009 to me and/or by who s persona y known has produced ftJ t!!f (C?t /? as identification. Notary p blic, ?,?j My com ission expires: /11- 1 -cl? ate, L. AFFIDAVIT TO AUTHORIZE AGENT: Decade Companies Income Properties (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 101 & 105 Coronado Drive 2. That this property constitutes the property for which a request for a: (describe request) See attached description requests 3. That the undersigned (has/have) appointed and (does/do) appoint: Keith E. Zayac, PE, RLA, LEED AP as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to pro ss his application and the owner authorizes City representatives to visit and photograph the property described in this application; 6. That (1/we), the undersigned authority, hereby certify that the foregoing is true and orrec . L-14, 1 ,- Property e Property Owner I t,i)tS?o?tsi,/t STATE OF TA COUNTY OF?PWIEL{y4S LJ41tkeS? ?_??P>,?,Y PU?tlgr tJiscvns?n }? re me the undersigned, an officer duly co he Statg offleFW& -on this day of personally appeivd j ee V- ho having been first duly sworn Depo es and says thaKFyshe fully understar s th contents of the idda th a she signed. BF-17Y Y7 ACKERMAN Notary Public MY Commission Expires: 4tbtEev ???=°?' S.'IPlanning Drpar7mcntlAppliraPion Fcrmsldvvc1npmP,nt rovirwldrvelopment agrrrment applirarion3.doc Page 5 of 5 - Development Agreement Application - City of Clearwater • DEVELOPMENT AGREEMENT p,ECENED MAY 0 5 2009 N N.Nr R WV6M" cmy or. cI iAMA THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2009, and entered into between DECADE COMPANIES INCOME PROPERTIES ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 0.722 acres of real property ("Property") in the corporate limits of the City, consisting of 0.722 acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned resort will contain 108 units, which includes Seventy-Two (72) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and 0 0 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2009- 03013 on , 2009, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency > of which are hereby acknowledged, the parties hereto intending to be legally bound and in no w a E accordance with the Act, agree as follows: 0 'T 1 SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. c SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple by the Developer. 2 3.3 The Property is generally located at 101 Coronado Drive Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Proiect. 4.1 The Project shall consist of no more than 108 overnight accommodation units. Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. The proposed density is 150 units per acre. 4.2 The Project shall include 112 parking spaces, as defined in the Community Development Code. ". 4.3 The proposed height of the building is 89 feet to the roof deck. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit `B. 4.5 No more than 25 % of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve. 4.6 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have 0 elapsed after having been received by the Department.of Community Affairs pursuant t w Florida Statutes Section 163.3239 and Clearwater Community Development Code Sectila U- 4-606.G. 2. 0 iR 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: C" 0 0 SV i-O CD .` ?0 Z 2? U 3 • • 6. 1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009-03013. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute and record in the Public Records of Pinellas County, Florida the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion of the Developer's Property n 0 0 in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 72 hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-03013 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinanace No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2009-03013 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the hotel density is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty (30) days, provided every occupancy is limited to not more than thirty (30) consecutive days or one (1) month. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 4 0 • 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 72 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be Y responsible for all necessary main extensions and applicable connection fees. l o 7.3 Fire protection from the City. ?o U 7.4 Drainage facilities for the Property will be provided by the Developer at d? C) the Developer's sole expense. t 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of Occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 6 ORIGINAL RECEIVED 8.3 Building permit(s); and Af 0 5 2009 PLANNNG PWAMM&T 8.4 Certificate(s) of occupancy. CR Y OF +C WWAhl SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11. That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. 1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Companies Income Properties 1355 Bishops Court, Ste 345 Brookfield, WI 53005 With Copy to: Keith Zayac & Associates 7 • 701 Enterprise Road East Ste 404 ORIGINAL Safety Harbor, Florida 34695 RECEMD i?f.;Al Q 5 2009 PLANNING A 1T If to City: City of Clearwater, City Attorney COY OF CLEARWATER ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of • • this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to ?- have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. ® SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or 9 0 9 provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term,or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement 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, the Developer, and the Association 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. In the Presence of: Print Name 10 _ < Q 0 +t9 u' o U O? 7 gQ U 0 0 Print Name As to "Developer" Print Name: Print Name As to "City" STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: Attest: William B Home II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this day of , 2009, by He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 11 . ?i Ql ?' a 2 a C= N g L ta 0o U STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expire N CU U- 0w -0 C,) L) 12 EXHIBIT "A" Legal Description of Project Site N ACS, ar jU 13 • E ATTACHMENT A HOLIDAY INN EXPRESS LEGAL DESCRIPTION NORTH PARCEL LEGAL DESCRIPTION: Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, according to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas CITY, Florida; run thence West along the East-West Center Line of Section 8; Township 29 South, Range 15 East, 15 feet to the POINT OF BEGINNING; thence South 5°32'30" West along East right-of-way line of Coronado Drive 16.26 feet; thence South 84°27'30" East, 100 feet; thence North 5°32'30" East, 78.06 feet; thence Northwesterly along existing concrete seawall 113.38 feet, more or less; thence South 6°10'00" West, 82.63 feet; thence South 4°25'11 " East, 25.74 feet to the Point of Beginning. AND: Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas CITY, Florida; and run thence West along the East and West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the Easterly line of Coronado Drive; thence South 5°32'30" West, 16.26 feet, for the POINT OF BEGINNING; thence continue South 5°32'30" West, 100 feet to the Northerly line of First Avenue; thence South 84°27'30" East, 100 feet along the Northerly line of First Avenue; thence North 5°32'30" East, 100 feet; thence North 84°27'30" West, 100 feet to the Point of Beginning. SOUTH PARCEL LEGAL DESCRIPTION: y The North 100 feet of the West 110 feet of Lot 1, Block B L C31) 0° r* COLUMBIA SUBDIVISION according to the map or plat thereof .,. L . as recorded in Plat Book 23, Page 60 Public Records of Pinellas o County, Florida. 0 e ?- ?c ?' U EXHIBIT "B" • Site and Building Plans CJ Wf? 0 14 EXHIBIT "C" • COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS F- a- :g C" '? z LL Zi?: :511 THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2009, by Decade Companies Income Properties ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of "Beach by Design," a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on 20Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2. 1.1 A maximum of Seventy-Two units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive 15 days or less, must ensed as a public lodging establishmqWd classified as a hotel, and must be operated b single licensed operator of the hotel. N Mch hotel unit shall be used as a primary or permanent residence. 2.1.2 All other 36 units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 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 a 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. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of 2009. In the Presence of: Print Name ?a , i . o t?al? 16 • • Print Name As to "Developer" CITY OF CLEARWATER, FLORIDA Print Name: Print Name_ As to "City" 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 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this He is [ ] personally known to me or has [ as identification. day of , 2009, by ] produced Notary Public Print Name: My Commission Expires: • .ed%- , 617 STATE OF FLORIDA • COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: S§S `X 18 EXHIBIT "D" • 0 COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: ORIGINA RECENED i',o O J 2009 pw"?o 1 ,G ?"f4, £ •:}irk A Vlu?t?9`ll?% 69!•1 al , 41 CRY or awvmu-,? COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of , 2009, by ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units 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. 19 In the Presence of Print Name Print Name As to "Developer" • R ,:;? C ? 20Qg CITY OF CLEARWATER, FLORIDA Print Name: Print Name As to "City" By: Attest: William B Home II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: • 20 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 01?r.p?0- 21 mot? - U?' ?F 4uN 1tw? e?fuF?Tae.w »z SCALE: 1 •-pD' GRAPHIC SCALE LEGEND PROPERTY BW110ARY PROPOSED ASPHALT PAVEMENT D PROPOSED CONCRETE SIDE.— D ATCRIOR -APE AREA KEITH Z A Y A C& ASSOCIATES. ,iYP.I TmIDAL INC. GENERA SITE NOTES: (727) 793-9HH8 11,111111 1111 1-11 S.arETl NnPBOR. rI )Plvs T Ow11E0. NAME: 03565 BLRNCPS COURT. SURE 3A SPFRilES B0.00NFIEL0, wI5CON6W ]005 M (1611 ]9]s215 Sue ZENGINEER ERn 1AVAC 6 ASSOCIATES, WC. LANDSCAPE ARCHITECT: 201 ENTERPRISE ROAD EAST, SURE- Y In W ?v O N SAFET HAABOR. FL 31685 I1sT1 T9196Bb "' rCO p Z p1T1 ]9J-efiss F.. V I. MCHRECT NNAE: WILL F ...... ARCHR[c1 !I.R EPSON BLVD., SURE 107 C In F (BS31 B]o-? Bus 0 O ? ? (Ez.]? a 3. 3URVEYO11 NAME: MNi36I-OOC NTESINC. TAMPA N BLVD.. , FLORWAJ &0.551•F .i:i W F--1 IBt JI IRSSew Sue U ? ? O ..-.EST ADDRESS; PARCEE.OMR91tY150060000111 DBBwalnol?; S 'MCI I z ? a , PARCEL p Ofi/19t1Yt ]550001111112 '? ONa:>O DRN IRI p .re GLEARW 5.10111110: T - rURIS' Q FLRURELAN0.USE IS x1T w H ` : ' r o : HR . :- i W 1 • W.,n PNESENT USE: 153 OVERNIGIIr AccOhIMOn:110N.ti fi. DEVELOPED USE: u~? 3fi OVERNG ' p 72OVER1111- -101-11- ; TOTAL 11n!.I1 n 1 ]]te [[ O W SRR C7 F 1,OUI1 UI-ETRPL. NORTn PARCEL; EOVI PROPOSED -TI: SFf. .SpOFLQODltlWA1G) '9 O Qi pp, E} O Q 4 y X7j 0. F "T) 151 ?SFi(TO PN.1 J ? W 0 [y i S:OP"'T(tOTffICGN) FRONT X + P.. ): O FT. 151 FT(TOO BUILOWGI l SIDE 11 , FT SIDE IN(IRtnl: tO FT. '11. E lTINOP IIIt1 z rj, ?i O SOUTH PARCEL REQUIRED OPOSED ?-' OW V) -NT I— SN DE F, "RUNT ORTiII: IS FT. 8.00 FT (T 8.0,C,, SIDE (EASiI'. +O Fi. 10.00 FT RO B.O.C.) SIDE(SWTHI: !O I': 5.00 IT (TOB.O.C) O y ?. O(? xi £ B. pFfClyj'v?-??.?.."lQ REOUIREU: ?? I?FftOM?B"E?O FLATRWFOECK? 35-100 Fi. P?ae FT.)Q 3 U 1D. PARRWG CALCULATION: REOUIREO: PROPO3EU: 106 SPACES 1"'PACE'S ff y5 6 'H ENISTNG: PROPOSED: JREO' aEa 11 = DEVELOPAb, 31A S.F IU.]1 AC) J!1B SF. (0.21 A:) m. ma S.F. RAN.j t %t SF F 11A159 . . . . A6PHAiCONCRETEMISC.: 11.3815.". TOTAL IMPERVIOUS AAEA 1 F.(0901SR) 1S.B a S.F.(O.60 LSR) 29.8117 S.F. I— M" TOTAL OPEN SPACE F.IO.OTACI 12,6085.". (029 ACI I, 5]t BF,(o.o1 FE, 3 IS IN_ PEOUEaS 1s.Ais SXCF Aw ni As1e sc px uA11-11ro 1T11-IArosc N. PRw flo51zu. PRO RO -EARS ONE -(- 13).-AE' 11. (ELEV C"IE1EV11 T! IC ROOD NS'JRANCE RATE MAY. EMR3TAJJEDENAEMERGENCr C3NE'. SEPT BE SE INUFIN PO tA ALL 'T - F. S'ODDfD AHOH ro O V PW1tED A 1x-0.W V WILLS RE DIRE OH UNOSCAPING NO KL ER IMI'ROVF.MENTS WITHIN NL-w. EDESTNIII OVIDED 1ST D1 IN ACCO L.ONAECO NRDRANFNCE WTTH111ECfTv 16.P PEDESTRIAN SI TI S SHALL BE E IN OFCLEARWATEN ' I R[REOUI TNAND STANDARDS . KL PROPOSED O:W > - y 211 LED SIOEWALRN NOt ExCEEOACROSSSLOE I P.A. 17 W ERS OOWNS T WILL BE PAINTED SCREENED. OR 0'1IERW15E --ED OR BLENDED W I BILa11G A GTDRE. t6. ALL UNU3 D DRN E DRNEwevS -T OE 111-,T A.un HcPLA?GO'n11 n Cuub. 910EwALN. ANO LANDSCAPING r0 Mai CN E1151 W0 COrvUI "NJiNi OR -I", RAIRO R" TE'WPWTENNA BOOSTER SvS'FM Mu5'I COMNIv wltn OROINARCE NO.]6t]Ufi 10 SYS'EM REGUWTKWG FOR BULOWGS. I NOT FOR IC4 OF 10 JSTRUCTION ?r I L A m.:Y - n a a r SCAM' iL SP GRAMCSCAW J B, I - > ' I y m I I I. _ - m( r? T ? ? 1' (( t y C-4 A+:-• ROMAON OR/Y °i°L79°b NI00 a0R/Y[ • -• • - -- PROPOSED PLANT LIST _. n era ?? msom? r 4 s 'y r' r P L U -I J a 9t FOR UCTION C9 ?OF10 cxclNCalmc rc Ancm7ccruce KEITH ZAYAC A I ASSOCIATES, INC. (727) 793-9888 0 O U a ! pa U 0 m A 92 a < n n x X U T' C ? A D U 0 R. ac w ?`.t?l W a e . r a` ff4?t• . 1y ? rME. . :ri-- app (ryp.l `'/ GYr(s/M O/ f LtiSRONA00 OR/ #r a -_- Z--??-- I' Ryf-pa r !u'A+n+dU BGV.E: /t pry oruvnrc =AtE 1III(V *Lf, ? .,* a4,e 8-491 NZ a it +I a .. w w 2 3 f a • \'ti.R`,:.a. ? ? .CT "" ICI 7 `? ?• .. r • r?.? ? .., V OnMM el Po. lr"Ift LNAOO OR/vE A+N/IXV PROPOSED PLANT LIST m ®eaa ouamnla a®s>rot KEITH ZAYAC & ASSOCIATES, INC. (727) 793.9888 rof mnearuaea &axa as aAeerr xAaeop- a. rt a.an O M U Ifp aa ow A O Mr.) 0 O m 0 m o cy as pp? d' O ? y U 6 rai NOT FOR EC69 10 rION • ORIGI RECENED 05 2009 PIANNI G D AKIM&aT CITY OF Cl WAf • ax•Vx°.[cr.Vms?°s°e .gr M h\v/\/ 6/f/xcw u: u+ rv V? 1 1 b b ? CI.OSFT I DUMPSTER r Y ' b ? a I 4 I } , b 23 PARKII IG SPACES s..¢s sw[ u.wru.c e x nrwuu piu ,2m,r. q 00 0 - - # C__/ (om LOBBY 8 ? ? uc.acs CANOPY POOF ABOVE ------- ---------- ------------------------------------ F 34-1-4- 1 I I J g Q X I y? 4 S ? V w QY N t P? C?3 cl) J ? a>wJ ®I I,. LL: a: M, LU Q Q g Q CL?on- g?c? 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WAM 50628 Su4 0808 SCALE: 3/16'-1'-0' T X FE Dc wn1$ ?i ?0 U 0 ?L 0 U® U- ? 8 cl) co 3 Inc I? J w OLP?d CL cnA 8 F 4"D U- LL. FT II,I "`Affi 5O0 0808 SCALE 3/16'-1'-0' Y .....,.. - ..., oo.[ I-T- 1 TT F C xI 4,.pnp ?p.Nx q B rt 1 cwcu2 cpxux -- I :[ [p r - - - - - - - - - - - - - - - - - F _ _ _ - - 4t+noa .nom z6 was Us) :7 z A I z+n ttm, vz v rc >l sD,p L B I ttotq ttnx[ i? ?' [zz) WEST ELEVATION C C ? FINISHES - COLORS M a L ' " ' HE,Nrs Of All lAV 611 6115 11'''' •.. R1 O I N?iSM fvnIN -µ iN"H TN ENM 111. nV NEnx 15 UPTY u EFVSSax Sw 6a1•? 6UU 7. R1 ?S:a © L 111111 11 PORTM UE SOI T, NE P wT [ x " ' > < 1 A D MiN Sx Fr6N 'LUI'S 'NICE YbOV [AV 6]T "Sw 6114' ©U Q ?LL © lUnVS' [E ? N A]Sw 6al4 VbOV RCE iUc © [N EuExnnOIS nus+ F.- IN "SNENwiN ILLWS" 'NNT10UE xwITE' ' ' ' LNV a; Sw 6119 ?. ? a( © FISII ulCO u U ®? wE w ra; Sw 61 0 11 lE Nw1,pw nN Q/ D O T_ 6761 FLrI ° S NE ? " ` " OC ? " 66 wx sx " w ]006 1:i ? ( . PIA, A . 1-1.111 w [ ? ? 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LI i © sLRVaacLn.R1^R sv . caws W aNEa RRWS rw?sx P .n Eo .r«,? wxWE witl. Rmi w?enr w © ttwi"n?Ww sale nWE R?Y s __ IF-1 IL_J.l 1 .f l _.. r.?ss R..?^.orr Rr.o-n rr- HIM - swu ..1.-_ 1 H I III MI MI X 'I I B li mL? ?-c.a .cccss ro .ow .•u BUILDING FINISHES (PERCENTAGES) CROSS -1- NORTH 9 3 .- ELEVATION a o ?PEn BI, sr .- ARCSw RCNR.L ELEUCNTS 6q)`6 Sf .- .RnITxIx xr:x1 , , -1. COLOR TO RHTO S.EE RR.M ESm an. Sww:u;ca x '. vwrE LRVSBSY 'Sw RWS' IN OEO 0 STORE`OViREwES IN COLOR TO u.rty .E ixc W wG..LUUivw .ROR.IL IN 'SI Eam.vlTO 1 LRV BB%RVnn MO-S' Sxv1R.11O Sww Ela ST.l I- IN COLOR ® wa•n WnuOP n1 .i ROOF OfCk .SS .R' © OPE.- I.TO .Rxne SIRUCILRE Ss BUILDING FINISHES (PERCENTAGES) 1 I -S .-CE SF C4- S "I OPCI z.BOi SP cLSS u xlrFCNR.L EIEUExrs v - SOUTH ELEVATION a .R+nI Lx1. x--- SCALE 10-1'-0' .4 C U Xrra LLl©ix Q <za 00< MLL MOE U®? P u MQ 0 el) Q cn?c°)r W AR - Licw M -000 6741 MCARB J SWt1 c- 0801 w Sc *. Co, W .dr SCALE; US`•1'=G' k -s 1 ????pp ?s{ Y s,?s L. ?4Ry}Y 17 EAST ELEVA'nON \\N.Wr Geu,wn 1'a\\eRRa:TNLRWat ROe, rniRM r! ! • Q ?•,..,u, c,v..? mv?v,aen?am?ax.u+,cn:c. S"!vs ?7 w NORTH ELEVATXW SCUTH ELEVATKIN scALE: ve._r-v i5e ? ' v 6i X wow Zg? Q? W ?to-? Me MLL.Z k3Te 3/3/2009 Receipt #: 1200900000000001392 11:24:40AM 4 y== ???? Date: 03/03/2009 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid DVA2009-00001 Development Agreement Fee 001000000341262000 1,500.00 Line Item Total: $1,500.00 Payments: Method Payer Bank No Account No Confirm No How Received Amount Paid Check KEITH ZAYAC AND ASSOC INC R -D 4111 In Person 1,50W Payment Total: $1,500.00 11 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. cRcccipt.rp t fa"elof I Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, November 12, 2009 9:52 AM To: Delk, Michael Cc: Wells, Wayne Subject: FW: GM09-1420-055: RE: Decade Merger Attachments: Letter.pdf^ FYI From: Dougall-Sides, Leslie Sent: Thursday, November 12, 2009 9:51 AM To: Dewitt, Gina Cc: Akin, Pam Subject: FW: GM09-1420-055: RE: Decade Merger Gina, once we receive the originals by overnight service please request ORLS to forward the executed and recorded DVA to DCA and copy us on the cover correspondence. Thanks. . , From: Ferd, Mary N. [mailto:Mary. Fertl@quarles:com] Sent: Wednesday, November,: 11, 2009 3:29 PM. To: Dougall-Sides, Leslie Cc: msweet@decadegroup.com;.Akin, Pam; jkei&@decadegroup.com;. Ketter, Andrew D.; Skipper,. Walter J ' Subject: RE: GM09-1420-055 RE Decade Merger Attached is copy.of the correspond ence;and"signed Legal Opinion and signed Assumption of Rights and Obligations. document, the originals of which.werie transmitted to you today by overnight for your receipt tomorrow morning. Mary Neese F.ertl Quarles & Brady LLP 411 East Wisconsin Avenue Suite 2040 Milwaukee, Wisconsin 53202 Direct Dial: (414) 277-5667 Direct Fax: (414) 978-8667 E-mail: mary.fertl ,quarles.com From: Leslie. Dougall-Sides@myClearwater.com [mailto:Leslie. Dougall-Sides@myClearwater.com] Sent: Tuesday, November 10, 2009 8:54 AM To: Fertl, Mary N. Cc: msweet@decadegroup.com; Pam.Akin@myClearwater.com; jkeier@decadegroup.com; Ketter, Andrew D.; Skipper, Walter J. Subject: RE: GM09-1420-055: RE: Decade Merger The documents are acceptable to the City. Please provide executed originals to this office. The City will then forward the Development Agreement as previously executed by Decade Companies Income Properties to the Florida Department of Community Affairs for its review. 1 Additionally, I will reconfigure the Eas*fent document to be executed by DCIP, Ad forward that to DCIP's representative for execution. Thank you for your prompt attention to this matter. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources From: FertI,.Mary'N. [mailtb:Mary. Fertl@quarles.com] Sent: Friday, November 06, 2009 3:09 PM To: Dougall-Sides, Leslie Cc: msweet@decadegroup.com; Akin, Pam; Jeff Keierleber; Ketter, Andrew D.; Skipper, Walter J. Subject: RE: GM09-1420-055: RE: Decade Merger . In response to your e-mail below, attached for your review is a draft of the opinion our firm will:provide, together with the,. Officer's Certificate to, be attached to,said Opinion, and the Assumption document as you requested in your e-mail below. If the attached'are acceptable, we will get them signed and provide the originals to you We look forward to hearing from you' Mary Neese Fertl Quarles & Brady LLP 411 East Wisconsin Avenue Suite 2040 . Milwaukee. Wisconsin 53202 Direct Dial: (414) 277-5667 Direct Fax: (414) 978-8667 E-mail: mary.fertloa guarles.com Mary Neese Fertl Quarles & Brady LLP 411 East Wisconsin Avenue Suite 2040 Milwaukee, Wisconsin 53202 Direct Dial: (414) 277-5667 Direct Fax: (414) 978-8667 E-mail: mary.fertl@quarles.com 2 From: Leslie. Dougall-Sides@myClearior.com [mailto:Leslie. Dougall-Sides@myCaater.com] Sent: Friday, October 30, 2009 3:49 PM To: Fertl, Mary N. Cc: msweet@decadegroup.com; Pam.Akin@myClearwater.com Subject: RE: GM09-1420-055: RE: Decade Merger Ms. Fertl, at this point the City is requesting two documents in order to avoid the City's processing a rescission of the Development Agreement and Development Order: 1. Legal opinion that Decade's actions in applying for the Development Agreement and Development Order, and in executing the Development Agreement, were valid under Wisconsin and Florida law; and 2. Document to be executed and recorded in the Pinellas County Records whereby Decade relinquishes and DCIP, LLC accepts the rights and obligations of Decade under the Development Agreement and Development Order. Please advise whether Decade/DCIP, LLC will be able to provide these items to the City and if so the expected time frame. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O: Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida,.Oregon, and the District of Columbia Senior Professional in Human Resources .. From: Dougall-Sides, Leslie Sent: Tuesday, October 27, 2009 3:53 PM To: 'Fertl, Mary N.' Cc: Mike Sweet; Akin, Pam Subject: RE: GM09-1420-055: RE: Decade Merger I don't believe that the City is inclined to accept recitation of the Wisconsin statutory section as resolving the issue. Our records reflect that the two development applications were filed March 3, 2009, whereas the Articles of Merger were effective on May 31, 2008 and the Notice of Cancellation for Decade Companies Income Properties was filed in Florida on July 10, 2008. While former rights and obligations of Decade arguably would have inured to the successor entity once the merger occurred, Decade had no separate existence as of the date of development application filing under its name. It may be appropriate to have DCIP, LLC execute a document accepting the rights and obligations of Decade under the Development Agreement and the accompanying Site Plan. The alternative would be to reprocess the applications. I will review the options with the City Attorney and if appropriate draft a document for review by DCIP. 3 Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources From: Ferd, Mary N. [mailto:Mary. Fertl@quaries.com] Sent: Tuesday, October 27, 2009 8:32 AM To: Dougall-Sides, Leslie Cc: Mike Sweet Subject: GM09-1420-055: RE: Decade Merger Leslie, could you confirm that you have what you need? Also could you please e-mail to me a copy of the signed Development Agrement so I have same. Mary Neese Fertl Quarles & Brady LLP 411 East Wisconsin Avenue Suite 2040 Milwaukee, Wisconsin 53202 Direct Dial: (414) 277-5667 Direct Fax: (414) 978-8667 E-mail: mary.fertl quarles.com From: Hains, Timothy G. Sent: Monday, October 26, 2009 12:15 PM To: leslie.dougall-sides@myclearwater.com Cc: Ferd, Mary N. Subject: Decade Merger Leslie, I am attaching the Wisconsin statute that deals with a merger of Wisconsin LLCs. Please note that section 179.77(6)(c) sets out that property owned by each entity is vested in the surviving entity. Therefore any permits or rights granted by a local government in favor of the merged entity would be owned by the surviving entity. Because these are Wisconsin entities that state law would apply. Florida would follow this just as it would if the entities owned real property. Let me know if you need anything further. Tim Hains Timothy G.:Hains Attorney at Law Quarles & Brady LLP 1395 Panther Lane Suite 300 Naples, Florida 34109 10 Direct Dial: (239) 434-4925 Direct Fax: (239) 213-5405 E-mail: timothy. hains(a7quarles.com From: Lapinski, Susan T. Sent: Monday, October 26, 2009 12:01 PM To: Fertl, Mary N.; Hains, Timothy G. Subject: WI LP Merger Statute • Attached is the WI LP merger statute - see Section 179.77(6)(c) re title to property (page 10 of attached pdf). This electronic mail transmission and any attachments are confidential and may be privileged. They should be read or retained only by the intended recipient. If you have received this transmission in error, please notify the sender immediately and delete the transmission from your system. In addition, in order to comply with Treasury Circular 230, we are required to inform you that unless we have specifically stated to the contrary in writing, any advice we provide in this email or any attachment concerning federal tax.issues or submissions is .not intended or written to be used, and cannot be used, to avoid federal tax penalties.. This electronic mail transmission and any attachments are confidential and may be privileged. They should be read or retained only by the intended recipient. If you have received this transmission in error, please notify the sender immediately-and delete.the transmission from your system. In addition, in order to comply with Treasury Circular 230, we are required to inform you that unless we have specifically stated to the contrary in writing, any advice we provide in this email or any attachment concerning federal tax issues or submissions is not intended or written to be used, and cannot be used, to avoid federal tax penalties. This electronic mail transmission and any attachments are confidential and may be privileged. They should be read or retained only by the intended recipient. If you have received this transmission in error, please notify the sender immediately and delete the transmission from your system. In addition, in order to comply with Treasury Circular 230, we are required to inform you that unless we have specifically stated to the contrary in writing, any advice we provide in this email or any attachment concerning federal tax issues or submissions is not 5 intended or written to be A and cannot be used, to avoid *eral tax penalties. 6 • QI[K&dff1Bfi74LLP VIA UPS OVERNIGHT Leslie K. Dougall-Sides, Esq. Assistant City Attorney City of Clearwater 112 S. Osceola Avenue Clearwater FL 33756 • 411 East Wisconsin Avenue Attorneys at Law in; Milmukee, Wisconsin 53202-4497 Phoenix and 71tcson, Arizona Tel 414.277:5000 Naples, Florida Fax 414.2 71.3552 Chicago, Illinois www.quades.com Milwaukee and Madison, Wisconsin Writer's Direct Dial: 414.277.5667 Writer's Fax: 414.978,8667 E-Mail: mary.fertl@quarles.com November 11, 2009 RE, DCIP, LLC Legal Opinion and Assumption of Rights and Obligations as to Development Agreement and Development Order Dear Leslie: In accordance with your e-mail dated November 10, 2009, enclosed herein are the following: 1. An original of this firm's Legal Opinion that you requested; and 2. The original Assumption of Rights and Obligations as to Development Agreement. and Development Order. Please confirm that you now have everything that you need with respect to this matter. Very truly yours, MNF:nia Enclosures cc: Jeffrey Keierleber (w/enc) Michael Sweet (w/enc) QUARLES & BRADY LLP i; Mary Neese F96 QB\9182296.1 • s Leslie Dougall-Sides, Esq. November 11, 2009 Page 2 bc: Walter J. Skipper, Esq. Andrew D. Ketter, Esq. QB\9182296.1 • Qwr1es1Bw4LLP C. 411 East Wisconsin Avenue Milwaukee, Wisconsin 53202-4497 Tel 414.277.5000 Fax 414.271.3552 www.quaries.com Attorneys at Lave inr Phoenix and IUcson, Arizona Naples, Florida Chicago, Mnois Milwaukee and Madison, Wisconsin November 11, 2009 City of Clearwater F.O. Box 4748 Clearwater, FL 33758 Attn: Leslie K. Dougall-Sides Re: Validity of Actions of DCIP, LLC in Connection with Development Applications and Development Agreement with City of Clearwater, Florida Ladies and Gentlemen: We serve. as counsel to DCIP, LLC, a Wisconsin limited liability company (",DCIP"). We have been asked to provide you our opinion as to whether the actions, taken by .DCIP in applying for a development agreement and development order and in executing a,development agreement with the City of Clearwater, Florida. (the "CLiff '), were duly and validly authorized by DCIP under Wisconsin law and whether they are valid obligations of DCIP under.Wisconsin and. "Florida law, in light of the facts as we understand them (which are set forth in.Part I.,below) and which we assume for purposes of this opinion. I. FACTS On May 31, 2008, Decade Companies Income Properties, a Wisconsin limited. partnership ("Decade") was merged with and into DCIP, with DCIP being the surviving entity. As of that date,. Decade ceased to be a separate legal entity. On July 10, 2008, a Notice of Cancellation was filed with the Division of Corporations of the Secretary of State of Florida, terminating Decade's registration with the Division. Thereafter, a Development Agreement Application (DVA2009-00001) and a Flexible Development Application (FLD2009-03013) (the "Applications") were filed with the City by relating to proposed development of real property located at 101 and. 105 Coronado Drive, Clearwater, Florida (the "Propert y"). In the Applications, the applicant is identified as Decade Companies Income Properties. The Applications were signed by Jeffrey Keierleber, who was formerly an officer of Decade and, since May 31, 2008, has been Managing Member of DCIP. On May 20, 2009, the City issued a Development Order (the "Order") relating to the Applications. On September 16, 2009, a certain Development Agreement (the "Development Agreement"), relating to the Applications, the Order and the Property, was signed by the Developer, which was identified as being Decade Companies Income Properties and it was stated that it was signed by Jeffrey Keierleber in his capacity as Managing Member of Decade Companies Income Properties. The Development Agreement was then sent to the City, which countersigned the document on October 6, 2009. QB\9119119.2 City of Clearwater Attn: Leslie K. Dougall-Sides November 11, 2009 Page 2 In connection with our rendering of this opinion DCIP has provided to us certain factual representations set forth in the attached certificate. Those facts are incorporated herein by reference. We further note that DCIP and the City have proposed to enter into an instrument (the "Assumption") specifically to memorialize DCIP's acceptance of the rights and assumption of the obligations and responsibilities of the Applicant and Developer contained in the Applications, Order and the Development Agreement. II. ANALYSIS AND OPINION DCIP was organized under Wisconsin law, and its existence and power to act is derived 'therefrom. With regard to validity of actions taken by DCIP, Wisconsin law and not Florida law, would be dispositive. Under Wisconsin law, actions taken by a Wisconsin limited liability company are duly and validly authorized if. (1) such actions were approved in a manner required by Chapter 183 of the Wisconsin Statutes and the company's articles of organization and operating agreement (the "Charter Documents"); and'(2) such actions do not violate applicable law or restrictions identified in the company's Charter Documents.. In this case, there is nothing contained in Chapter 183 of the Wisconsin Statutes or DCIP's Charter Documents that would prohibit or restrict DCIP from filing the ? -Applications, or executing, delivering and performing under the Development Agreement. In;addition, the.filing: of the Applications, the execution, delivery and performance of the Development Agreement, and the related acts taken by DCIP in connection therewith were authorized by all necessary limited liability company action. The Applications, Order and Development Agreement will be deemed to be valid obligations of DCIP under Wisconsin and Florida law if DCIP, and not Decade Companies Income Properties, is the party to the Applications and the Development Agreement. We believe that such a determination is the best conclusion that can be drawn in this situation, given the facts set forth above. Our view is that DCIP, intending to be legally bound by the terms of the Applications and Development Agreement, executed and delivered those instruments to the City but that DCIP was misidentified as Decade Companies Income Properties in those instruments. We note that under prior case law, courts have determined that the intent of the parties controls when parties enter into a contract or other instrument, and that a misnaming of a legal entity will not affect the validity of the contract or other instrument if the actual identity of the legal entity can be determined from evidence.' Here, there is ample evidence that supports the ' See, e.g., Fletcher Cyc. Corp. § 2444; Benjamin Plumbing, Inc. v. Barnes, 162 Wis.2d 837, 470 N.W.2d 888 (1991)("a corporation can be contractually bound even where the corporate name was not used in the contract'); In re B-F Bldg. Corp., 182 F. Supp. 602 (N.D. Ohio 1960)("the corporation is nevertheless bound if it is QB\9119119.2 0 9 City of Clearwater Attn: Leslie K. Dougall-Sides November 11, 2009 Page 3 conclusion that DCIP intended to execute the Applications and Development Agreement but that it was misidentified as Decade Companies Income Properties in those instruments. First, DCIP, approved the filing of the Applications and the execution, delivery and performance of the Development Agreement. Further, DCIP has stated that it intended to sign and be legally bound by the Applications and Development Agreement. In addition, the Development Agreement was signed by Jeffrey Keierleber, as Managing Member of Decade Companies Income Properties, who at the time of execution of the Development Agreement was in fact Managing Member of DCIP. Also, DCIP is an acronym,for,Decade Companies Income Properties; and. DCIPfis -the legal successor to Decade. Finally, the DCIP and the City are entering into the. Assumption, which is further evidence that DCIP intended to be bound by the obligations contained in the Applications, Order and Development Agreement at the time they were signed. Therefore, based upon all of the foregoing, it is our opinion 'that: (1) the filing of the Applications, the execution, delivery and performance of the Development Agreement, and the related acts taken by DCIP in connection therewith were duly and' validly authorized; (2) that each of the Applications and the Development Agreement constitute valid obligations of DCIP; 'and (3)-when signed and delivered by DCIP, the Amendinent-'will constitute a valid obligation of DCIP. j In rendering the opinions set forth in this`letter;''we have, with respect to factualmatters, relied upon: •(a) The representations and warranties of the Applicant, Developer, and City contained in the Applications, Order, and' Development Agreement and in the other instruments executed ' and `delivered by the Applicant and Developer pursuant thereto; (b) Representations and warranties of the Managing Member of DCIP contained in the factual certificate delivered to us; and (c) Certificates or comparable documents of public officials. In addition to the facts set forth in this letter and the factual representations relied upon in this letter, we have assumed that: (a) The Applications, Order and Development Agreement, in the forms provided to us are true, complete and correct copies of the original, authentic forms of such documents; obvious that the name was given in error and that the corporation sought to be bound is the corporation intended in the [instrument]"); Sweet v. Ranger Realty Co., 110 Fla. 249, 146 So. 199 (1933). QB\9119119.2 0 9 City of Clearwater Attn: Leslie K. Dougall-Sides November 11, 2009 Page 4 (b) All certificates or comparable documents of public officials examined by us are accurate; (c) All signatures on documents reviewed by us are genuine; (d) The City has the power and authority to issue the Order and enter into the Development Agreement, and the persons executing the Order and Development 1 Agreement on behalf of the, City, are authorized to do so; and ?, f y (e) There are no oral or written statements or agreements that purport to modify, amend or vary any of the terms of any of the Applications, Order or Development Agreement. In rendering the opinion expressed,.herein, we have examined and reviewed such documents, certificates and questions of law: -as we, have deemed necessary or appropriate in order to render the opinion set forth herein.. We, have not, however, made an independent investigation .of the facts or representations set ,forth ,,herein, ? which we have assumed without investigation, verification, or inquiry are.. true and, .complete. Since this opinion: relates to an inherently factual matter, any material difference in the facts, or circumstances, or an inaccuracy of the representations made to us, couldk affect ;our; conclusion. The opinions expressed herein are subject to. bankruptcy, insolvency and other, similar laws affecting the rights of creditors generally .and general principles of equity, commercial reasonableness, conscionability and good faith.: This opinion is given on the basis of the facts and representations referred to above. This opinion is limited to matters governed by the laws of the States of Wisconsin and Florida. This opinion is being rendered to you in connection with your transactions with DCIP, and may not be relied upon by any other person or entity or for any other purpose. This opinion is limited to present laws and to facts as they currently exist, and we have assumed no obligation to update or supplement this opinion. Very truly yours, QU-41 % ? &I.1( (-(-(5 QUARLES & BRADY LLP (-(-(5 QB19119119.2 0 0 DCIP, LLC OFFICER'S CERTIFICATE IN SUPPORT OF QUARLES & BRADY LEGAL OPINION I, Jeffrey Keierleber, the duly elected, qualified and acting Managing Member of DCIP, LLC ("DCIP"), hereby represent and certify as follows for the purpose of confirming facts to Quarles & Brady LLP in connection with its opinion to the City of Clearwater, Florida (the "City") relating to a Development Agreement Application (DVA2009-00001) and a Flexible Development Application (FLD2009-03013) (collectively, the "Applications"), a certain Order, dated May 20, 2009 (the "Order"), and Development Agreement (the "Development Agreement") dated October 6, 2009. As to the matters set forth herein, I have personal knowledge or have obtained information from other officers and employees of in whom I have confidence and whose duties require them to have personal knowledge thereof. 1. At all times since May 31, 2008, I have been the duly elected, qualified and acting Managing Member;of.DCIP. 2. Since May 31; 2008:DCIP has not,modified its articles of organization or operating agreement ("Charter Documents"), in -a manner that would--, limit or restrict DCIP's ability to execute and performanhe obligations of the Developer set forth in each of the Applications, the Order and the Development Agreement. 3. The completion, execution and delivery of the Applications and the "performance by DCIP of the obligations of the Applicant named therein were authorized ; by the Managing Member of DCIP' and iri accordance with the requirements of DCIP's Charter Documents. 4. The execution and delivery of the Development Agreement and the performance by DCIP of the obligations of the Developer named therein were authorized by the Managing Member of DCIP and in accordance with the requirements of DCIP's Charter Documents. 5. Notwithstanding the fact that the Applicant is identified as Decade Companies Income Properties in the Applications, I intended to sign the Applications in my capacity as Managing Member of DCIP and to legally bind DCIP to the obligations of the Applicant in the Applications. 6. Notwithstanding the fact that the Developer is identified as Decade Companies Income Properties in the Development Agreement, I intended to sign the Development Agreement in my capacity as Managing Member of DCIP and to legally bind DCIP to the obligations of the Developer in the Development Agreement. 1 Supporting Certificate QB\9122824.2 7. Since their respective signings, DCIP has complied with and will continue to comply with all of the obligations of the Applicant and Developer set forth in the Applications, the Order and the Development Agreement. IN WITNESS WHEREOF, the undersigned of November, 2009. QB\9122824.2 2 A Supporting Certificate • Return to: Leslie K. Dougall-Sides, Esquire Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, FL 33758 t ASSUMPTION OF RIGHTS AND OBLIGATIONS AS TO DEVELOPMENT AGREEMENT AND DEVELOPMENT ORDER WHEREAS, on May 20, 2009, the City of Clearwater the ("City") issued a Development Order (the "Development Order") relating'to a Development Agreement Application (DVA2009-00001) and a Flexible Development Application (FLD2009- 03013) (collectively, the "Applications"); WHEREAS, the Applicant in such Applications was identified as Decade Companies Income Properties; WHEREAS, on October 15, 2009, a certain Development Agreement dated October 6, 2009 (the "Development Agreement"), affecting the real estate described on attached Exhibit A, was recorded in the Office of Clerk of Court for Pinellas County, Florida in Official Record Book 16726, Page 1242-1271; as Instrument No. 2009273749; WHEREAS, the Developer in the Development Agreement was identified as Decade Companies Income Properties; WHEREAS, Decade Companies Income Properties, a Wisconsin limited partnership, was merged with and into DCIP, LLC effective May 31, 2008, wherein DCIP, LLC was the surviving entity; WHEREAS, the undersigned, DCIP, LLC desires to confirm and acknowledge that DCIP, LLC was and is the actual Applicant that filed the Applications and the actual Developer in the Development Agreement, but that DCIP, LLC was incorrectly identified as Decade Companies Income Properties in such instruments; and • QB\9120865.2 WHEREAS, the undersigned, DCIP, LLC desires to confirm and acknowledge that it accepts and assumes all rights and obligations of the Developer under the Development Agreement and the Development Order. NOW, THEREFORE, in consideration of the foregoing, DCIP, LLC, confines and acknowledges it was and is the Developer under the Development Agreement and the Development Order. DCIP, LLC further confirms, acknowledges, accepts and assumes all rights and obligations of the Developer under the Development Agreement and the Development Order. DCIP, LLC, as successor to Decade, hereby acknowledges that Decade as the non-surviving entity in connection with the above described merger, has no further rights or obligations under the Development Agreement and the Development Order, all of said rights and obligations binding upon and inuring to the benefit of DCIP, LLC. n IN WITNESS WHEREOF, this instrument was owledged before me this day of November, 2009. WITNESSES: DCIP, LL - -- By: IZ , Jeffre a Leber, Managing Member a' ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this 9 day of November, 2009 by Jeffrey Keierleber, as Managing Member of DCIP, LLC on behalf of said limited liability company. PaY PU"114 -?O? ih a BETTY ACKERMAN QB\9120865.2 -2- My commission expires: 9- 9- ;013 EXHIBIT A ATTACHMENT A HOLMAY INN EXPRESS LEGAL DESCRIPTION NORTH PARCEL LEGAL bESCRIPTION: Begin at-the southwest comer of Water Lot 1, to: map-or plat thereofas ecorded inPlat CITY:PARK.SUBDIV4N, atxoixlig Book 23, Page 37; ofthe Public. Records of . Pinellas CITY, Florida; run theme West along the East-West Center Une.of.Secdon 8, Township 29 South; Range 15 East, .15 feet-to the. POINT OF W]NNING; thence. South 5°32130" West along. East right-of-way .litre of Coronado Drive -16.16 feet; thence South 8402730" Eas%*ioo-feet;. thence North 5°32 0",East,78.06 f6ctt iheace- Northvv ly Ong wjsft concrete seawall 11139'*04 more orTess;•thence South ' 6010'90'" West; 82.63 feet; thence South 4°25'11 " East,. 25.74 feet to the Point of . Beginning• AND, Begin at the' Southwest.comer.of Water Lot 1 of C1TY.PARK SUBAIVISION, as rocorded.m Plat Book.23, Page 37, Public Rbcords of Pinellas.-CITY; Florida;, and nw . wns4 thence West along the.l and West Center. Line of Section-8 .To 29 So Range 15 East; I5 fa?t-to the Easterly line of Coronado Drive; thence South.5°3Z 0" est,1.6.26 feet,: for the POINT OF BEGINNWO; thence " Northerly. lip of First A continue South 5°32'30 West, 100 foci t6-16 venae; Wence South 84°2730" Last; o6 feet along the Nortbeily'line of First Avenue;-thence North 5032'30"- th a. enc North 84°2730" West,,l00.feet to the Point of Be East' 100 few ..SOUTH PARCEL LEGALDESCRIPT ION: The.North 100 fed ofthe.West 110. feet of tot 1,'Block B: COLUMIA, SUBDIVISION acco to the . rnap*pkit thereof as recorded in Plat Book -A' Page 60 Public Records of Pinellas County, Florida.. r a? ?R 4 PLANNING DEPARTMENT • CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 August 24, 2009 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road East. Suite 404 Safety Harbor, FL 34695 RE: Development Order - DVA2009-00001 101 and 105 Coronado Drive and 35 Devon Drive Dear Mr. Zayac: The City Council at their meeting on August 20, 2009, APPROVED a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design for the property at 101 and 105 Coronado Drive and 35 Devon Drive. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- d5nd Vol] Ilan arrress zoning information for parcels within the City thrnllgh our website: ??-ww.mvclearwater.com. Sincerely, Michael , AI Planning Director S: (Planning DeparvmentICD RIDevelopment Agreements (DVA)IDVA2009-00001 - Coronado 0101 - Holiday Inn Express (T) 2009.08 - Approved - WWICoronado 0101 CC Decision Letter 8.24.09.doe TOT;Al FMP10YM-T ANn AFFIRMATIVE A- F.mp-PC" 0 0 Wells, Wayne From: Richard Marcel, LEED AP NC [Richard@Keithzayac.com] Sent: Thursday, August 06, 2009 7:38 AM To: Wells, Wayne; Delk, Michael Subject: Clearwater Holiday Inn Express Attachments: Holiday Inn Express - Proposed Conditions.pdf; Holiday Inn Express - Existing Conditions.pdf; image001.gif Wayne/Michael, Attached is a copy of the proposed landscape and existing conditions for Clearwater Holiday Inn Express. Can you please confirm that these are the two exhibits you are looking for? Thank you, Richard Marcel, LEED AP NC Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FI 34695 (P) 727-793-9888 Ext. 305 (F) 727-793-9855 (C) 727-488-1002 DISCLAIMER OF LIABILITY Keith Zayac & Associates, Inc. (KZA) makes the electronically stored data available forLinformation purposes only.;No warranty, either expressed or implied, is made regarding the accuracy or reliability.-of-the, aforementioned data. KZA reserves the right to revise, update, and improve its electronically stored data, without notice and,;assumes-no,>>.. responsibility for any images which may arise as a result of the use of its data. The useriogrees,to verify the;.data_to ascertain its accuracy for the intended use. KZA makes every effort to ensure the: data,.is-virus;f?i e,;howeyer KZA assumes no responsibility for damages caused by the installation/use of the enclosed,-data.,.Use:of.the,enclosed data indicates the user accepts the conditions contained herein. Please note, in some cases final approval may not have been issued by all the permitting agencies; hence, modifications, which are not depicted on the enclosed electronically stored data, may be required. Unless other arrangements have been agreed to, use of the electronically stored data for any activities shall proceed solely at the risk and responsibility of recipient/user of said electronically stored data. Additionally, any use of the enclosed electronically stored data shall relieve KZA and/or any of its employees from liability/responsibility regarding any modifications to said electronically stored data which may be required due to reviewing agencies' comments and/or final design revisions/modifications. o PLANNING DEPARTMENT • CITY OF CLEARWATER POST OFFICE Box 4748, CLEARwATm, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARwATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 July 22, 2009 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road East. Suite 404 Safety Harbor, FL 34695 RE: DVA2009-00001, 101 and 105 Coronado Drive and 35 Devon Drive Dear Mr. Zayac: The Community Development Board (CDB) at their meeting on July 21, 2009, voted to recommend to the City Council APPROVAL of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the. Hotel Density Reserve under Beach by Design for the property at 101 and 105 Coronado Drive and 35 Devon Drive. This Development Agreement is scheduled for review and decision by City Council on Thursday, August 6, 2009. If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III; at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.coin/gov/depts%plarming. Sincerely, MlchPlanning Director S: Wlanning Departmen6C D BIFLEX (FLD)IPending casesl Up for the next CDBIDVA2009-00001 - Coronado 0101 - Holiday Inn Express (T) - 6.18.09 CC: 7.21.09 CDB - WWICoronado 0101 CDB Decision Letter 7.22.09.doc • IIFnIIAI. FMPI(WMENT ANTI AFFIRMATTVF ArnnN FMPI(IYFR" 9 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, July 15, 2009 5:29 PM To: keith@keithzayac.com Subject: DVA2009-00001 - 101 Coronado Drive Keith - Attached is the Staff Report for the above referenced case, to be heard by the Community Development Board (CDB) at 1:00 pm on Tuesday, July 21, 2009, in City Council Chambers (City Hall, 112 S. Osceola Avenue). Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Coronado Dev. Agree. S 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, July 06, 2009 5:42 PM To: keith@keithzayac.com Cc: Clayton, Gina Subject: DVA2009-00001, 101 Coronado Drive Keith - I am posting the notification signs (2) for the Development Agreement for this property today, meeting the requirement for posting a minimum of 10 days in advance of the CDB meeting. The notification signs also indicate the City Council meeting on August 6, 2009. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, June 22, 2009 8:54 AM To: 'Keith Zayac, P.E., R.L.A., LEED AP Cc: Delk, Michael Subject: HI Express Portview Keith - The public notice sign was not posted for the City Council meeting, nor for the CDB meeting, and that is why the Development Agreement is going back to CDB. Wayne From: Keith Zayac, P.E., R.L.A., LEED AP [ma i Ito: keith@keithzayac.com] Sent: Monday, June 22, 2009 8:50 AM To: Wells, Wayne Cc: Delk, Michael Subject: HI Express Portview Wayne. l received your letter regarding the development agreement going back to the board meeting. [ thought the City advertising error was for th.e City Cocinc l approval, not going back to the CDB. I was in attendance when the board approved the agreement alter approving the site plan. Could you please clarify. Keith Zayac, P.E., R.L.A., LEED AP Keith Zayac & Associates, Inc. 701 Enterprise Road E., Suite 404 Safety Harbor, FI 34695 727-793-9888 Ext. 302 V L?] o_ PLANNING DEPARTMENT Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road East. Suite 404 Safety Harbor, FL 34695 Re: Community Development Board Meeting (Case No. DVA2009-00001) Dear Mr. Zayac: June 16, 2009 You have filed Case No. DVA2009-00001 for property located generally at 101 and 105 Coronado Drive and 35 Devon Drive for the Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater. Due to an advertising error, this case has been rescheduled for review by the Community Development Board on July 21, 2009. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3rd floor of City Hall at 112 S. Osceola Avenue, Clearwater. The public hearing by City Council has been scheduled at 6:00 pm on Thursday, August 6, 2009, in the same location. If you have any questions, please do not hesitate to call me at 727-562-4504. Surely, Wayne MI. Wells, AICP Planner III S:IPlanning DeparnnentlCD BIFLEX (FLD)IPending caseslUp for the next CDBIDVA2009-00001 - Coronado 0101 - Holiday Inn Express (T) - 6.18.09 CC; 7.21.09 CDB - WWICoronado 0101 CDB Letter 6.16.09.doc • CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 0 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 20, 2009 2:53 PM To: Keith Zayac (E-mail). Subject: Amended - DVA2009-00001, 101 Coronado Drive Keith - Oops - The correct date of the City Council meeting for the DVA is June 18, 2009 (see amended letter). Wayne 122 1 Coronado CDB Decision -----Original Message----- From: Wells, Wayne Sent: Wednesday, May 20, 2009 1:37 PM To: Keith Zayac (E-mail) Subject: DVA2009-00001, 101 Coronado Drive Keith - We have scheduled the Development Agreement for review and action by the City Council on Thursday, July 16, 2009 (see attached letter; original being mailed). Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Coronado CDB Decision 0 6 ??S G ??O61gfa;o 'rv.r.s A f ? PLANNING DEPARTMENT CITY OF C LEARWAT E R POST OFFICE Box 4748, CLEARWATER, FLoRIDA 3 3 7 5 8-4748 MUNICIPAL SERvicEs BUILDING, 100 SouTH MYRTLEAvENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 5624865 May 20, 2009 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road East. Suite 404 Safety Harbor, FL 34695 RE: DVA2009-00001, 101 and 105 Coronado Drive and 35 Devon Drive Dear Mr. Zayac: The Community Development Board (CDB) at their meeting on May 19, 2009, voted to recommend to the City Council APPROVAL of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design for the property at 101 and 105 Coronado Drive and 35 Devon Drive. This Development Agreement is scheduled for review and decision by City Council on Thursday, June 18, 2009. If you have any questions; please do not hesitate to call Wayne M, Wells, Planner in, at 727-5624504_ You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/depts/planning. Sincerely, Micha De , Al Planning Director S: (Planning DepartmentlC D BIFLEX (FLD)IPending casesl Up for the next CDBlDVA2009-00001 - Coronado 0101 - Holiday Inn Express (T) - 6.18.09 CC - WWICoronado 0101 CDB Decision Letter 5.20.09.doc ,Ck 'IV 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, May 14, 2009 4:12 PM To: Keith Zayac (E-mail) Cc: Watkins, Sherry Subject: FLD2009-03013 and DVA2009-00001 - 101 Coronado Drive Keith - Attached are the Staff Reports for the above referenced cases, to be heard by the Community Development Board (CDB) at 1:00 pm on Tuesday, May 19, 2009, in City Council Chambers (City Hall, 112 S. Osceola Avenue). Please review the attached FLD Staff Report and let me know by 10:00 am on Monday, May 18, 2009, if the Conditions of Approval are acceptable or not. As you are aware, since there have been letters and emails of opposition, this case will not be on the Consent portion of the CDB agenda and full presentation is expected. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Coronado Coronado 1 Staff Report.dl Dev. Agree. S' Wells, Wayne From: Wells, Wayne Sent: Sunday, May 10, 2009.1:32 PM To: Keith Zayac (E-mail) Cc: Watkins, Sherry Subject: FLD2009-03013 and DVA2009-00001 - 101 Coronado Drive Keith - I have been reviewing the re-resubmittal package for the above referenced applications and find the following missing from or needing revision to the package: FLD. package: 1. South. Elevation - Beach by Design requires a minimum of 60% of the elevation to be covered with windows and. architectural decoration. The submitted South Elevation indicates the glass/elements to be 48%, which is inconsistent with the requirements of Beach by Design.. How can this be fixed? If it can be fixed now to have a higher percentage, then revise and resubmit the South Elevation, and. also need to amend the percentage indicated in Attachment D, Criteria 6.c.3 (submit revised sheet to be collated into the. Attachment D). package: ,DVA 1. Submit the Development Agreement application. 2. Signature on. the Application. - Unclear who signed this application, as the notary failed to include the signatore's name when notarizing the form.. Need to redo signature and notarization. 13. Page 4. - Section 6.1.3.2 Ninth line - After "Code or from. seeking an amendment to this agreement." delete the rest of this section (end of line 9 through line 16). (See also Comment #4 below) 4. Page 5 -. Section 6.1.4 - Ja. 8th. line -. Add. before the sentence "It is understood" the following: "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." b. End of Section paragraph - Add the following: "Additionally, the City shall execute and deliver to the Developer a J Release of. Unity of Title suitable for recording in the Public Records of Pinellas. County, Florida." 5. Hopefully the changes to Section 6.1.3.2 and Section 6.1.4 will only require the reprinting of these two pages for insertion into the CDB packages.. If it changes more on other pages, potentially reprint the entire document. The above needs to be fixed and submitted by 10:00 am on Tuesday, May 12, 2009 (one original and 14 copies). Please see Sherry Watkins so you can collate the above revisions into the application packages. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South. Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, April 28, 2009 5:27 PM To: Keith Zayac (E-mail) Cc: Watkins, Sherry Subject: FLD2009-03013 and DVA2009-00001 - 101 Coronado Drive Keith - I have been reviewing the resubmittal package for the above referenced applications and find the following missing from or needing revision to the package: FLD package: 1. Submit the rendered West Elevation (8.5" x 11"). 2. Submit Sheet C10 of 10. 3. Architectural elevations - Provide the following height dimensions: a. from BFE to the flat roof deck (we have advertised. the height at 89 feet, after discussion with Bill Mills, to be on the conservative side, as it may be slightly less than 89 feet); b. the height of the stair and elevator overruns from. the flat roof deck to the top of the overruns; c. the height of the parapet from the flat roof deck to the top. of the parapet; 4. Written material Revise all. references to building height to 89 feet. 5. Sheet C9 - Unclear why,. on the southern parcel, the WT is not continued from the present southern end around. the southern edge of the pond to the parking lot backup flair. Is this due to need for maintenance (mowing)? Still unclear why TJ or WT could not be planted for at least a portion of this area, still allowing for an access point for a lawn mower. 6. Revise Sheet C4 - General Site Notes - #5 Present Use to 53 units (not 31 units); 7. a.. Revise Attachment D,. Criteria #6.c.4 Theoretical maximum envelop of 87,607. cf is not consistent with the drawing which indicates 82,607 cf (which number is correct?). b. Revise Attachment D, Criteria #6.c.4 - Look and copy online for revised criteria, which permits 75% of the maximum (your calculations indicate 60.54%, which otherwise would have been inconsistent with the 60% maximum under Beach by Design). c. Revise the drawing to be 3D (not too understandable in 2D). Anything below 45' is irrelevant (move the theoretical maximum building envelop of 82,607 cf up above 45' line). Shading for the 34,075 is inconsistent between the legend and the drawing. Change the drawing from sf to cf. 8. Still need color samples/swatches of the new proposed color scheme. The photos of the hotel in Houston supplied are not close to the scheme indicated on the building elevations, as the colors look much paler than indicated on the building elevations. Are you intending to include the Houston photos in each CDB. package, as they presently are not? 9. Attachment "C" - Responses to General Applicability criteria #2 - First sentence is still not clear and does not read properly. It still appears to have left out something after "maintains the existing". 10. Application - Attachment "A" - Add the legal description for the southern parcel across Devon Drive. 11. East Elevation - Since the "northernmost" guest room has been bumped out to reduce the linear plane on the east side below the 100' maximum, the elevation should be showing a distinct break in the elevation line on each floor and for the upper building facia. Revise (including the 8.5" x 11" colored elevation). 12. South Elevation - Provide the opening height for the driveway into the garage and the height of any doorway for the dumpster "room". 13. South Elevation - Revise. the 8.5" x 11" colored elevation to match the large scale drawing, as an overhead door has been added for the dumpster access. 14. Responses to General Applicability and overnight accommodation criteria in Attachments "C" and "D" - Revise "motel" to "hotel" wherever stated (not existing motels being replaced or surrounding this site). 15. Attachment "D" - Flexibility criteria #5 - Revise for the following: c.1. Provide a diagram illustrating compliance with this design guideline; c.3. The percentage of each elevation covered with windows and architectural decoration must also be placed on the elevation sheets in the architectural plans; + d. The setbacks stated do not match that indicated on the submitted site plan (setbacks are measured from the property line, not from the edge of the roadway pavement). 16. Provide the complete Criteria 9 in. Attachment D: A development agreement must be approved by the. City Council pursuant to F.S. §§ 163.3221--163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R.. established for the underlying Future Land Use designation. The. development agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the At Court pursuant to F.S. § 163.3239, withopy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 14 days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. 17. Show on North Elevation the storefront system for the rooms. 18. Architectural plans - Fifth - Tenth floors Place a note in the particular units on each floor that are "suites with full kitchen" ONLY on those units (total of 13 rooms) that have kitchens. Remove the language of "Guest Suite (typical suite)" from non-kitchen units.. This change is required due to provisions in the Development Agreement. DVA package: Submit the Development Agreement application. Signature on the Application - Unclear who signed this application, as the notary failed to include the signatore's name when notarizing the form. Need to redo signature and notarization. 43. Page 2 - Section 3.2 - Unclear why the following was not removed "or under contract to be owned in fee simple", since I am unaware of any pending sale of the property. f 4. Page 3 - Section 4.1 - Add a period at the end of the last sentence. 15. Page 3. - Section 4.2 -. Revise the number of parking spaces to 112. 6. Page 3 - Section 4.3 Fill in the proposed height of the building to read 89 feet (to. roof deck) and add a period at the end of the sentence. 7. Page 3 - Section 4.4 - Add a period at the end of the sentence. 8. Page 3 - Section 5.1. - Remove the quotation marks from the Code section and revise the Code section to add a period after 606 so that it reads 4-606.G.2. 9. Page 4 - Section 6.1.3.1 - Fourth line - Add FLD in front of 2009-03013. 10. Page 4. Section 6.1.3.2 - Unclear why the end of the last sentence of this Section was not changed to "these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement." Psecond Page 4 - Section 6.1.4 - Revise for the following: line - Correct the spelling of "Public". (D Relocate the sentence on Page 5 reading: "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 arrd used as a single project, the form of which Declaration of Unity of Title is availa_b_ le from the City Planning Department:" to be on Page 4, eighth line before "it is understood". 12. Page 5 - Section -6.1.5 - Revise: ?a. Line 2 - Underline "Covenant Regarding Use of Hotel Density Reserve Units.". Ib. Line 4 - Revise the word "form" to "from". ,, c. Line 9 - Add the word "if' between "or" and "any". f 13. Page. 7 -. Section 9 - Line 2 - Add "of' between "terms" and "this". f/14. Page 7 - Section 10 - Eliminate the "10.1" and rather pull up the paragraph. to be after the title "Termination". 15. Page 10 Signature of Developer - Under the signature line, add the person's name and their position within the corporation. 16 Page 13 Exhibit "N'- Need to include all legal descriptions of the overall site, including the southern parcel on the south side of Devon Drive. 17. Page 14 - Exhibit "B" - Remove "Legal - See Schedule. A" at the top and revise "Site Plan" to "Site and. Building Plans". ?2 Page 15 - Exhibit "C" Third paragraph - End of second line, add "mid-sized," between "of and "mid-priced". Exhibit "C" - Page 16 Under the line the Developer signs on, include: "Print Name". Page 20 - Exhibit "D" - Under the line the Developer signs on, include: "Print Name". These applications are being placed on the May 19, 2009, CDB agenda but the above needs to be submitted by Tuesday, May 5, 2009 (one original and 14 copies). Please see Sherry Watkins. so you can collate the above revisions into the application packages. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 0 0 a d, PLANNING DEPARTMENT Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road East. Suite 404 Safety Harbor, FL 34695 Re: Community Development Board Meeting (Case No. DVA2009-00001) Dear Mr. Zayac: April 28, 2009 You have filed Case No. DVA2009-00001 for property located generally at 101 and 105 Coronado Drive and 35 Devon Drive for the Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater. This case has been scheduled for review by the Community Development Board on May 19, 2009. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3rd floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4504. Sincerely, Wayne M. Wells, AICP Planner III S: (Planning DepartmentI C D BIFLEX (FLD)IPending casesI Up for the next CDBVDVA2009-00001 - Coronado 0101 - Holiday Inn Express (7) - 5.19.09 CDB - WWICoronado 0101 CDB Letter 4.28.09.doc CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 ToLAL EMPLOYMENT AND AFFIRMATIVE AcTION EMPLOYER 0 4 Wells, Wayne From: Wells, Wayne Sent: Tuesday, March 31, 2009 4:18 PM To: Keith Zayac (E-mail) Subject: FLD2009-03013 and DVA2009-00001 - 101 Coronado Drive Keith - Attached are the Draft comments for the above referenced project (FLD and DVA cases), to be discussed at the April 2, 2009, DRC meeting, occurring at 2:00 am in the Planning Department offices. Should you have any questions, feel free to contact me. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Draft 4.2.09 Draft 4.2.09 C Action AgendC Action Agend 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, March 05, 2009 7:08 PM To: Keith Zayac (E-mail) Subject: FLD2009-03013 & DVA2009-00001 - 101 Coronado Drive Keith - Attached is a Letter of Incompleteness for FLD2009-03013. I cannot attach the Letter of Completeness for DVA2009- 00001, but it is complete and is being placed on the DRC agenda for April 2, 2009. The originals of both letters are being mailed to you. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 M PEN Letter of mpleteness 3.5 o rwater U March 05, 2009 Keith Zavac 701 Enterprise Road East Suite 404 Safety Harbor, F134695 OCITY OF CLEAkWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W .MYCLEARWATER. COM VIA FAX: (727) 793-9855 RE: DVA2009-00001 -- 101 CORONADO DR -- Letter of Completeness Dear Keith Zayac : The Planning Staff has entered your application into the Department's filing system and assigned the case number: DVA2009-00001. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on April 02, 2009, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne. Wells@myclearwater.com. Sincerely yours, 1•R- ??& Wavn Wells. AICP Planner III Letter of Completeness - DVA2009-00001-101 CORONADO DR QSURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2009273749 1011512009 at 11:52 AM OFF REC BK: 16726 PG: 1242-1271 DocType:AGM RECORDING: $256.50 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the lea`` day of Oaa a , 2009, and entered into between DECADE COMPANIES INCOME PROPERTIES ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 0.722 acres of real property ("Property") in the corporate limits of the City, consisting of 0.722 acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and . WHEREAS, upon completion the planned resort will contain 108 units, which includes Seventy-Two (72) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and • • WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on August 20, 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2009- 03013 on May 19 and July 21, 2009, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT,, In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration`the receipt and sufficiency of which are hereby acknowledged; the parties hereto intending to be legally`bound and in accordance with the Act, agree as follows:" SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property SuNect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 101 Coronado Drive Clearwater, FL 33767 as more further described in Exhibit "A". K P?ti 2 0 0 SECTION 4. Scone of Project. 4.1 The Project shall consist of no more than 108 overnight accommodation units. Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. The proposed density is 150 units per acre. 4.2 The Project shall include 112 parking spaces, as defined in the Community Development Code. ". 4.3 The proposed height of the building is 89 feet to the roof deck. 4.4 The.design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B. - 4.5 No more than 25 % of overnight accommodation units shall have full kitchens. Such kitchens shall be-limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve. 4.6 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of.concurrency management for transportation facilities. SECTION 5. Effective Ditte/Duration of this Agreement. 5.1 This Agreement shall not' be effective until',this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 3, 0 0 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009-03013. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved,Site Plan and thus requiring further approval bythe"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 'Cod'e Section 4=407 'The Developer shall commence vertical construction; defined as'work on the project other than clearing, grubbing or other'prehminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute and record in the Public Records of Pinellas County, Florida the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site r 4 0 0 providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to the Reserve Pool. Covenant Regarding Use of Hotel Densi Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to=the Developer from the Hotel Density Reserve an additional 72, hotel units to the Project Site in accordance with applicable law. In the event this 4 Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with.the Project approved by FLD2009-03013 and in accordance ;Y with Paragraph 6.1.3.2, -or if any units or the Project fail to meet and maintain the '.'• criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinance No. 7925-08;_said units shall be returned to the Hotel Density Reserve ,: and.be unavailable_to tlie•Developer,for use on the Project, pursuant to Beach by `+se. Design. Prior to the issuance of the Certificate of Occupancy for the Project,ahe,. -Developer agrees.to execute and record'a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2009-03013 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) 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. 6.1.7 Execution and Recordation of Easement The Developer shall execute and record an easement, in a form acceptable to the City Attorney and containing a legal description developed by the City Engineering Department, granting perpetual use for sidewalk and underground utility installation and maintenance purposes of that area of current encroachment upon the Developer's property by the City sidewalk. The easement shall be recorded prior to the Effective Date of this Agreement as set forth in Section 5 above. 6.2 Obligations of the City. 5 9 0 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, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 72 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development.of the Property'will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other .public infrastructure and services subject to concurrency, requirements, :all, applicable concurrency provisions for the proposed development have been met-, - , . ; 7.1 Potable water is available From the. City. The Developer shall be " res onsible for all nec t d 1 bl P. p essary mam extensions an app ica a connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's.sole expense. ._ 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of Occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 6 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 and is consistent with the City Comprehensive Plan and the Code. SECTION 10.. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be.heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard;. :r SECTION 11. Other Terms and Conditions. 11.1 Except in the case of tetminalion; 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. 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. That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Companies Income Properties 7 1355 Bishops Court, Ste 345 Brookfield, WI 53005 With Copy to: Keith Zayac & Associates 701 Enterprise Road East Ste 404 Safety Harbor, Florida 34695 If to city: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid,-notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next: day delivery, or on the 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with ,this Section. SECTION 14. Assi iments. 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, shal I be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of<the City, and its successors and assigns, and the Developer and, as applicable to the.parties comprising Developer, their personal representatives, trustees, r heirs, successorsand assigns, except as may otherwise be specifically provided herein. ' SECTION 15. Minor Non-Cow liance. The Developer will not be deemed to have failed to comply :with:the terms of this Agreement in the event such noncompliance, in the -judgment of the City: Manager, reasonably exercised, is of a minor or % inconsequential nature.- SECTION 16. 'Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. 9 0 0 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 Invalidity. If any term or provision of this Agreement or ', the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement;. including any valid portion of the invalid term or. . provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought'to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen.(l 5). days written notice to the other parties. SECTION 22..Cod'e Amendments. Subsequently adopted ordinances and codes of the'City which is of general application not governing the development of land shall be " applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agrccmcnt shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counter arts. 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, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. 10 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. Countersigned: CITY: CITY OF CLEARWATER, a Florida municipal corporation tS . A44?e?l y. Frank Hibbard William B. Horne, II Mayor-Commissioner City Manager Date: (p. X09' Appr ved as to fo Leslie K. Dougall-Si es Assistant City Attorn „ OWNER: DEC By: • Title:. Date: O ANTES INCOME PROPERTIE x } ..?. q I L) (Corporate Seal) wi sses:lA . Va YUe Signature P kT ku 'Kk V P Pri n e Signature cI7':Ur?r/ L- ??-y Print name 11 Attest: C ' a E. Goudeau Ci lerk I • EXHIBIT "A" Legal Description of Project Site 9 9 ATTACHMENT A HOLIDAY INN EXPRESS LEGAL DESCRIPTION NORTH PARCEL LEGAL DESCRIPTION: Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, according to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas CITY, Florida; run thence West along the East-West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the POINT OF BEGINNING; thence South 5°32'30" West along East right-of-way line of Coronado Drive 16.26 feet; thence South 8402730" East, 100 feet; thence North 59210" East, 78.06 feet; thence Northwesterly along existing concrete seawall 113.38 feet, more or less; thence South 60 10'00" West, 82.63 feet; thence South 4°25' 11 " East, 25.74 feet to the Point of Beginning. AND: Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as recorded.in Plat Book 23, Page 37, Public Records of Pinellas CITY, Florida; and run thence West along the East and West Center Line of Section 8, Township 29 South Range 15 East, 15 feet to the Easterly line of Coronado Drive; thence South 56'32'30" West, 16.26 feet, for the POINT OF BEGINNING; thence continue. South 5032'30" West; 100 feet to the Northerly line of First Avenue; thence South 84°2730" East,-100 feet along the Northerly line of First Avenue; thence North 5°32'30" East, 100 feet; thence North 84°27'30" West, 100 feet to the Point of Beginning. SOUTH PARCEL LEGAL DESCRIPTION: The North 100 feet of the West 110 feet of Lot 1, Block B COLUMBIA SUBDIVISION according to the map or plat thereof as recorded in Plat Book 23, Page 60 Public Records of Pinellas County, Florida. • EXHIBIT "B" Site and Building Plans 1 • 13 ?w. 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BbON BALCONY • FJIR BALCONY BALCCW MOONY BALCONY BALCONY BILL.CCW/ BALCONY DJL 1Y71.ET VJ x dA$T ROOM QUEST ROOM OUESf ROOM QUEST ROOK OUESf ROOM OAlEBf ROOM WEST ROOM QUEST ROOK tu cc hq%'T 3 ROTA a ? a V? o 0 Clio Vow oaaRDOR OFFICE rccEPRar N?® - LOBBY ? f.A au OUESY ROOM QUEST ROOM OUESY Flow QUEST ROOM OUEST ROOM QUEST ROOM M a - 0 LS F3EVAT41'A' FLIP Ibr A[-OOOF7i ' ? NCNi B0? LL. s..r SCALE 3118'-P-0' J LL LLJ ?X HI LU Q Q W lid vPe J? D LL W U ALO= ??,- SCALE: 3tW-r-o• i \\?W r.?^?? wV.o¢m.eoa?.o n^+ J LJ Q a X % Q Mod wUw?? tai o a? Jmw J """?... AR WORN 7 8 2" RW NIIr SCALE: Z VW-l'-O' SCALE: 31W-,•-0• 3 rr J LL ??WW X 00 W cr Q U?? CCO -'?0LL 02@a 1-492 mg LM 0 e _• y .- Y .Y .+iic:i»Pi a Gee •??- EAST ELEVATION a 9 J LL w SCALD ve -t'-o I 0 0 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS PLEASE RETURN RECORDED DOCUMENT TO: Leslie K. Dougall-Sides, Esquire City of Clearwater 112 S. Osceola Ave. P.O. Box 4748 Clearwater, FL 33756- THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made;as of:the day of , 2009, by Decade Companies Income Properties ("Developer"). Developer is the owner of.fee simple title to the real property described in Schedule 1 attached heretoyand made a.-Part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City" ),},han amended its Comprehensive Plan to designate Clearwater Beach as a. ComMn ity-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 each as a Community Redevelopment District (the "Designation") provides for,the.allocation of Hotel Density Reserve Units as an incentive for the developmenf6f mid=sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution 09-23, passed and approved on August 20, 2009, 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. ?P 14 0 0 THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development. Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2. 1.1 A maximum of SIrventy-Two units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month of thirty (3,0). consecutive days or less, must be licensed as a public lodging establishmini and classified as a,hotel, and must be operated by a `single licensed operator of the hotel. No such hotel unit shall be used as a prirnnary & permanent residence. 2.1.2 All other 3b units: shall be licensed as a public lodging establishment. No unit shall`be used"as aPprimary or permanent residence. 2.1.3 As used herem,` &e terms "transient occupancy," "public lodging establishment;" "hotel" "tirade -share," and "operator" shall have the' meaning given to such terms in Chapter 509, Part I, Florida Statutcs (2004). 2.2 .. Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of a 15 all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 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 z, 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 a 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..bther provision,of this Declaration shall be valid and enforceable to the fullest extent permitted. by. law. f IN WITNESS, WHEREOF, Developer has caused this Declaration to be executed E this day of J 200:9 OWNER: D • A PANIES INCOME PROPERTIES Sy: Title: Dater ` 1 1 1 1 a (Corporate Seal) Witnesses: ?/ -O U Signature P Ir-? uurV 4Prin e o re s?, G- ,?,l,Gy Print name 16 0 • EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: Leslie K. Dougall-Sides, Esquire City of Clearwater 112 S. Osceola Ave. P.O. Box 4748 Clearwater, FL 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of , 2009, by ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference. (the "Real Property"); and WHEREAS, Developer and. the City of :Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may. develop and construct upon.tl* Real Property a hotel project as described .in the Development Agreement (the "Project"), ,and WHEREAS, Developer intends to develop and: operate the Real Property for a unified use, as more particularly described in this Agreement: NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. 17 IN ITNESS WHERE10, Developer has caused this Agreement Ile executed this b day of 2009. OWNER: DECADE C A] By: Title: Q? Date: I INCOME PROPERTIES A,k U (Corporate Seal) 18 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, August 25, 2009 12:19 PM To: Barrett, Earl Cc: Akin, Pam; Mahony, Laura; Delk, Michael; Wells, Wayne; Quillen, Michael Subject: GM09-1420-055: Sidewalk Easement, Decade Properties/Holiday Inn Express, Condition in Paragraph 6.1.7 of DVA2009-00001 You had mentioned Pinellas County Code Section 2-72, requiring acceptance of easement by Grantee prior to recordation. In researching that Section on MuniCode, I found the following notation: Ord. No. 07-03, Sec. 1, adopted Jan. 9, 2007, repealed Sec. 2-72, which pertained to acceptance by grantee as a prerequisite to recording of certain instruments.... Therefore I am, assuming that an Agenda Item for acceptance of the easement is not necessary p.er.County Code. If anyone feels it is necessary for other reasons, please advise. (I don't see any Code, Council Policy, or Purchasing Policy relating to this.) will prepare the Sidewalk & Utility Easement using the forms you provided. It is my understanding that no Consent & Joinder is necessary; however, I will include the No,-Lien. Affidavit. When we receive the Legal Description from Engineering I will attach it and forward the document to Decade Properties for execution and recordation. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources Wells, Wayne From: Delk, Michael Sent: Monday, August 24, 2009 10:31 AM To: Dougall-Sides, Leslie; Wells, Wayne; Akin, Pam Cc: Tefft, Robert; Clayton, Gina Subject: RE: A04-01420: Development Agreement Agenda Items Duly noted. You should have been copied. mld From: Dougall-Sides, Leslie Sent: Monday, August 24, 2009 9:46 AM To: Wells, Wayne; Delk, Michael; Akin, Pam Subject: A04-01420: Development Agreement Agenda Items I just saw, next to our printer, a printout of an e-mail chain from August 4-5 entitled "Work Session Follow Up-Holiday Inn Express". I was never copied on any of the 7 e-mails in the chain, which dealt with followup issues raised at Worksession. Since I am assigned to certain of the Development Agreements and am expected to attend Worksessions and City Council Meetings regarding them, I would appreciate being copied on future e-mail exchanges involving these Agenda Items. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources 0 0 Wells, Wayne , From: Dougall-Sides, Leslie Sent: Friday, August 14, 2009 2:54 PM To: Vaughan, Karen Cc: Akin, Pam; Goudeau, Cyndie; Delk, Michael; Wells, Wayne; Sprague, Nicole; Gilmore, Stephanie; Quillen, Michael; Barrett, Earl; Mahony, Laura Subject: GM09-1420-055: Decade Properties Development Agreement Importance: High Attached is the Decade Properties Development Agreement, Worksession Agenda item 7.1. 1 have made a further change to it by adding Paragraph 6.1.7, Execution and Recordation of Easement. Please use this version for next week's Worksession and Council Meeting. qw- Decade erties Final Ver: Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 5624021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources • ILI, % s4- ? ) . . L_ :'P ou)AA C.s ee (c J? 5, DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2009, and entered into between DECADE COMPANIES INCOME PROPERTIES ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter"into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 0.722 acres of real property ("Property") in the corporate limits of the City, consisting of 0.722 acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned resort will contain 108 units, which includes Seventy-Two (72) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and 0 0 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2009- 03013 on , 2009, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Prove rty Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple by the Developer. 2 0 . 0 3.3 The Property is generally located at 101 Coronado Drive Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 108 overnight accommodation units. Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. The proposed density is 150 units per acre. 4.2 The Project shall include 112 parking spaces, as defined in the Community Development Code. ". 4.3 The proposed height of the building is 89 feet to the roof deck. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B. 4.5 No more than 25 % of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve. 4.6 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Ef fective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 3 F- 6-1 E 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009-03013. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute and record in the Public Records of Pinellas County, Florida the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion of the Developer's Property 4 0 0 in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 72 hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-03013 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2009-03013 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) 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. 6.1.7 Execution and Recordation of Easement. The Developer shall execute and record an easement, in a form acceptable to the City Attorney and containing a legal description developed by the City Engineering Department, granting perpetual use for sidewalk and underground utility installation and maintenance purposes of that area of current encroachment upon the Developer's property by the City sidewalk. The easement shall be recorded prior to the Effective Date of this Agreement as set forth in Section 5 above. 0 9 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 72 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of Occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. 6 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 and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11. That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. 1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, 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 7 0 0 receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Companies Income Properties 1355 Bishops Court, Ste 345 Brookfield, WI 53005 With Copy to: Keith Zayac & Associates 701 Enterprise Road East Ste 404 Safety Harbor, Florida 34695 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 8 0 1 0 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assi ns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such 9 0 0 completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. 10 0 0 SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Print Name Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: Attest: William B Home II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 11 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2009, by He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expire 12 EXHIBIT "A" • Legal Description of Project Site 13 EXHIBIT "B" Site and Building Plans 14 EXHIBIT "C" 0 • COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2009, by Decade Companies Income Properties ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of "Beach by Design," a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on 20, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2. 1.1 A maximum of Seventy-Two units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and 15 must be operated bingle licensed operator of the hotel. l ch hotel unit shall be used as a primary or permanesidence. 2.1.2 All other 36 units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recordiniz. 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 e invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of 2009. In the Presence of: Print Name 16 Print Name As to "Developer" • CITY OF CLEARWATER, FLORIDA Print Name: Print Name As to "City" 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 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this He is [ ] personally known to me or has [ as identification. day of , 2009, by ] produced Notary Public Print Name: My Commission Expires: 17 STATE OF FLORIDA COUNTY OF PINELLAS • The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 18 EXHIBIT "D" 0 COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE • THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of 2009, by 'Developer") WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units 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. 19 In the Presence of: 0 Print Name Print Name As to "Developer" Print Name: • CITY OF CLEARWATER, FLORIDA By: William B Home II, City Manager Print Name As to "City" 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 He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 2009, by 20 • STATE OF FLORIDA COUNTY OF PINELLAS C7 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 [ J personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 21 41 0 Wells, Wayne From: Vaughan, Karen Sent: Friday, August 14, 2009 3:28 PM To: Dougall-Sides, Leslie Cc: Akin, Pam; Goudeau, Cyndie; Delk, Michael; Wells, Wayne; Sprague, Nicole; Gilmore, Stephanie; Quillen, Michael; Barrett, Earl; Mahony, Laura; Gilmore, Stephanie; Sprague, Nicole Subject: RE: GM09-1420-055: Decade Properties Development Agreement Leslie, Per our conversation, I've added the final development agreement but I left the original one in the MuniAgenda item as well. The final one is being placed at Council's seats. Thanks! Karen Vaughan Sr. Staff Assistant Official Records & Legislative Services Ph #: 727-562-4091 Fax #: 727-562-4086 From: Dougall-Sides, Leslie Sent: Friday, August 14, 2009 2:54 PM To: Vaughan, Karen Cc: Akin, Pam; Goudeau, Cyndie; Delk, Michael; Wells, Wayne; Sprague, Nicole; Gilmore, Stephanie; Quillen, Michael; Barrett, Earl; Mahony, Laura Subject: GM09-1420-055: Decade Properties Development Agreement Importance: High Attached is the Decade Properties Development Agreement, Worksession Agenda Item 7.1. 1 have made a further change to it by adding Paragraph 6.1.7, Execution and Recordation of Easement. Please use this version for next week's Worksession and Council Meeting. << File: Decade Properties Final Version With Easement Provision 081409.docx >> Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources 0 9 Wells, Wayne From: Wells, Wayne Sent: Friday, August 14, 2009 3:41 PM To: Vaughan, Karen Subject: Holiday Inn Express Public Sidewalk Along Coronado Drive Since Cyndie is not here, this is for City Council next week. Thanks. From: Wells, Wayne Sent: Friday, August 14, 2009 3:31 PM To: Goudeau, Cyndie Cc: Delk, Michael; Quillen, Michael; Rice, Scott; Akin, Pam; Dougall-Sides, Leslie Subject: Holiday Inn Express Public Sidewalk Along Coronado Drive Cyndie - Attached is site plan for the above project with the public sidewalk highlighted yellow. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 N? Site Plan with 'ublic Sidewalk. 1 L' E Wells, Wayne From: Wells, Wayne Sent: Friday, August 14, 2009 3:31 PM To: Goudeau, Cyndie Cc: Delk, Michael; Quillen, Michael; Rice, Scott; Akin, Pam; Dougall-Sides, Leslie Subject: Holiday Inn Express Public Sidewalk Along Coronado Drive Cyndie - Attached is site plan for the above project with the public sidewalk highlighted yellow. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Site Plan with 'ublic Sidewalk. ? I =Z 7 ?DD(m ?oDa? '^aG "••_ SCALE -20' C.RANMC SCALE roi o+?aa o«F Vf \ I r0I0«EC _' .. r .,., .?.,.. KLII II LAY A( di ASSO( JA I If S. l\C. I?. 1 Yl.VS]N GF-v[Ml Lrl b'1] ,Fri FV ll[.,.. vr ..w • OMKYFYK O?lG?MaIyt,O?1D{ArFa I1001R arfE«'[e ?F w YlltwlA+«r COY YIOOOr[[G aR ? IIY? 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OGf]t«[^F as aFQ®f ufl:'SYL frF?EfFI J9 Na.[OIO![O _ _ C W > - N - 6z Vi >q!W Wl 9v W: rl?' l.LflD. fJwh1 %y[ CF }F. ,I W1RYg;.O«V5n0[rc J1[I+tW«6 r«c :,v.,tv liL.: Wtt a..lwl> gDK WE V'LCrvA[V o m ;??µ o«0F c:lrc4l[D 09 q[4_Y .? w a 1 1 : ? 1 [l[ utws5t O Dn+v[«[.l 1Nt• K ulu.-,t J.F,?'th.VXD Fn• . i::' a MfAMwKF NEi n? ;>WV?)tl S.YUf .A.rlN6ryr p,,[]w>,. 1 NOT FOR ^ I w & of i o • • Wells, Wayne From: Vaughan, Karen Sent: Friday, August 14, 2009 4:20 PM To: Wells, Wayne Cc: Goudeau, Cyndie; Gilmore, Stephanie; Sprague, Nicole Subject: RE: Holiday Inn Express Public Sidewalk Along Coronado Drive Wayne, The attachment has been added to the MuniAgenda item and will be at Council's seats at the Work Session Monday. Thanks! Karen Vaughan Sr. Staff Assistant Official Records & Legislative Services Ph #: 727-562-4091 Fax #: 727-562-4086 From: Wells, Wayne Sent: Friday, August 14, 2009 3:41 PM To: Vaughan, Karen Subject: Holiday Inn Express Public Sidewalk Along Coronado Drive Since Cyndie is not here, this is for City Council next week. Thanks. From: Wells, Wayne Sent: Friday, August 14, 2009 3:31 PM To: Goudeau, Cyndie Cc: Delk, Michael; Quillen, Michael; Rice, Scott; Akin, Pam; Dougall-Sides, Leslie Subject: Holiday Inn Express Public Sidewalk Along Coronado Drive Cyndie - Attached is site plan for the above project with the public sidewalk highlighted yellow. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 << File: Site Plan with Public Sidewalk Highlighted Yellow red. size.pdf >> 0 9 Wells, Wayne From: Silverboard, Jill Sent: Friday, August 14, 2009 3:29 PM To: Dougall-Sides, Leslie Cc: Delk, Michael; Rice, Scott; Wells, Wayne Subject: FW: GM09-1420-055: Decade Properties Development Agreement Leslie - I just spoke with Michael and he indicated that there does in fact remain a need for a sidewalk encroachment, but it is for a minor encroachment - not the 2-feet we were discussing last week. I apologize for the confusion. Thanks, Jill From: Silverboard, Jill Sent: Friday, August 14, 2009 3:17 PM To: Dougall-Sides, Leslie Cc: Delk, Michael; Rice, Scott; Wells, Wayne Subject: RE: GM09-1420-055: Decade Properties Development Agreement Leslie - Engineering and Planning have field verified that the sidewalk along the entire frontage of the subject property is currently constructed at 7 feet. I am waiting on a schematic to share with Council reflecting the actual right-of-way improvements adjacent to the property and providing a dimension for the existing 7-foot sidewalk. Since you have made the amendment perhaps it can stand, but staff no longer believes a need exists for a sidewalk encroachment. Thanks, Jill From: Dougall-Sides, Leslie Sent: Friday, August 14, 2009 3:05 PM To: Silverboard, Jill Subject: FW: GM09-1420-055: Decade Properties Development Agreement Importance: High Jill, I have made a change to the Decade Development Agreement to address the City sidewalk encroachment onto the Decade property, requiring the developer to record an easement regarding the encroachment area. Also, our office has researched the submerged land issue raised at the last meeting. Leslie From: Dougall-Sides, Leslie Sent: Friday, August 14, 2009 2:54 PM To: Vaughan, Karen Cc: Akin, Pam; Goudeau, Cyndie; Delk, Michael; Wells, Wayne; Sprague, Nicole; Gilmore, Stephanie; Quillen, Michael; Barrett, Earl; Mahony, Laura Subject: GM09-1420-055: Decade Properties Development Agreement Importance: High Attached is the Decade Properties Development Agreement, Worksession Agenda Item 7.1. 1 have made a further change to it by adding Paragraph 6.1.7, Execution and Recordation of Easement. Please use this version for next week's Worksession and Council Meeting. << File: Decade Properties Final Vers*ith Easement Provision 081409.docx > Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources Wells, Wayne From: Delk, Michael Sent: Thursday, August 13, 2009 8:48 AM To: Wells, Wayne Subject: FW: Holiday Inn Express FYI. From: Quillen, Michael Sent: Wednesday, August 12, 2009 5:24 PM To: Rice, Scott; Delk, Michael Subject: Holiday Inn Express Scott- Can you please send Jill an e-mail that she can send to the Council explaining that there is a continuous 7' sidewalk in front of the property. Michael- Jill said to make sure Wayne has a 24" x 36" legible copy of the site plan & survey showing the 7' sidewalk with him at the work session. Michael D. Quillen, P.E. Director of Engineering City of Cleanvater michael.auillenO mveleanvater.com 727-562-4743 • • Wells, Wayne From: Quillen, Michael Sent: Wednesday, August 12, 2009 2:21 PM To: Dougall-Sides, Leslie Cc: Barrett, Earl; Akin, Pam; Wells, Wayne Subject: RE: GM09-1420-055: Legal Description of Sidewalk Encroachment Area, Decade DVA We'd need to get the survey CAD file from their surveyor, then writing the legal is easy. Say 2 weeks. Michael D. Quillen, P.E. Director of Engineering City of Cleanvater Michael. auillen(a-•.Mvclearwater. corn 727-562-4743 From: Dougall-Sides, Leslie Sent: Wednesday, August 12, 2009 12:43 PM To: Quillen, Michael Cc: Barrett, Earl; Akin, Pam; Wells, Wayne Subject: GM09-1420-055: Legal Description of Sidewalk Encroachment Area, Decade.DVA . Our office is going to need a legal description of the area which the City sidewalk encroaches into the developer's property for the Decade Companies Income Properties/Holiday Inn Express project, 101_/105 Coron,ado.Drive and 35 Devon Drive. 1 will be placing a condition into the Development Agreement that the developer shall execute-and record a perpetual easement of the area to the City on or before the effective date of the Development;Agreement. The DVA was continued to the 8/20 Council meeting; therefore if approved the easement would need to be: executed and recorded within the time frame set forth in Section 5 [30-58 days depending upon the timing of certain events). Please let me know your time frame for developing such a legal description. Thank you. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -i * • • Wells, Wayne From: Akin, Pam Sent: Wednesday, August 12, 2009 1:25 PM To: Dougall-Sides, Leslie; Wells, Wayne; Quillen, Michael Cc: Barrett, Earl; Delk, Michael Subject: RE: GM09-1420-055: Legal Description of Sidewalk Encroachment Area, Decade DVA The encroachment issue needs to get resolved as quickly as possible. What if they never build this project? From: Dougall-Sides, Leslie Sent: Wednesday, August 12, 2009 1:23 PM To: Wells, Wayne; Quillen, Michael Cc: Barrett, Earl; Akin, Pam; Delk, Michael Subject: RE: GM09-1420-055: Legal Description of Sidewalk Encroachment Area, Decade DVA No, I was directed to include it in the DVA. From: Wells, Wayne Sent: Wednesday, August 12, 2009 1:11 PM To: Dougall-Sides, Leslie; Quillen, Michael Cc: Barrett, Earl; Akin, Pam; Delk, Michael Subject: GM09-1420-055: Legal Description of Sidewalk Encroachment Area, Decade DVA Leslie - The following Condition #10 was included by the CDB upon the approval of the companion Flexible Development application (FLD2009-03013) to this Development Agreement: "That, prior to the issuance of the Certificate of Occupancy, an easement be recorded in the public records for the sidewalk along Coronado Drive partially on the subject property." Would this work for that which presently exists and whatever widened public sidewalk that might also be placed upon their property, such that no condition would be necessary in the Development Agreement? Wayne From: Dougall-Sides, Leslie Sent: Wednesday, August 12, 2009 12:43 PM To: Quillen, Michael Cc: Barrett, Earl; Akin, Pam; Wells, Wayne Subject: GM09-1420-055: Legal Description of Sidewalk Encroachment Area, Decade DVA Our office is going to need a legal description of the area which the City sidewalk encroaches into the developer's property for the Decade Companies Income Properties/Holiday Inn Express project, 101/105 Coronado Drive and 35 Devon Drive. I will be placing a condition into the Development Agreement that the developer shall execute and record a perpetual easement of the area to the City on or before the effective date of the Development Agreement. The DVA was continued to the 8/20 Council meeting; therefore if approved the easement would need to be executed and recorded within the time frame set forth in Section 5 [30-58 days depending upon the timing of certain events). Please let me know your time frame for developing such a legal description. Thank you. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, August 10, 2009 5:12 PM To: Wells, Wayne Subject: A04-01420: RE: Hotel Density Reserve format The change I made is to Paragraph 6.1.6., re the time parameters for transient use. Here is the revised version which I sent to Council. This version of Paragraph 6.1.6 should be used in the form document from now on. Sorry I did not think to forward this to you earlier! ;A Decade ,erties Final Ver From: Wells, Wayne Sent: Monday, August 10, 2009 4:48 PM To: Dougall-Sides, Leslie Subject: Hotel Density Reserve format Leslie - Based on the City Council meeting last week regarding the Holiday Inn Express DVA,.I understand you are making.a; :. .F: . change to some language to the document. I have a developer asking for the Hotel Density Reserve Format docu,ment,,:.,- ,. , > so they can get started on preparing their document. Should I send them the attached document, or are you making;; changes to the Sample Format that I should wait on? Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 << File: DVA Sample Format - Hotel Density Reserve Units.docx >> • • Wells, Wayne From: Wells, Wayne Sent: Friday, August 07, 2009 8:38 AM To: Akin, Pam Cc: Delk, Michael Subject: Holiday Inn Express DVA Pam - The following condition of approval was included in the Development Order for the FLD case for the Holiday Inn Express: "That, prior to the issuance of any permit, ownership of the deck/dock on the north side be verified and documentation of any lease of the submerged lands be submitted to the Planning Department." I believe it was either Don Eifert (adjacent Sea Captain owner) or Mr. Hemrick that brought the dock issue and ownership of the submerged land to my attention. Hope this helps. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 • C] Wells, Wayne From: Wells, Wayne Sent: Wednesday, August 05, 2009 3:16 PM To: Goudeau, Cyndie Cc: Delk, Michael; Silverboard, Jill; Horne, William; Irwin, Rod; Akin, Pam Subject: 08/03/2009 Work Session follow up - Holiday Inn Express Cyndie - According to the site plan submitted by the project engineer (Keith Zayac) and approved by the CDB, the total lot area for the three existing parcels that make up the project is 31,418 square feet (0.72 acre) (two parcels north of Devon Drive and one parcel south of Devon Drive). The existing total building coverage is 10,961 square feet (34.8%), the existing total impervious surface ratio (ISR) is 28,342 square feet (90.2%) and the existing total open space is 3,076 square feet (9.8%). The proposed total building coverage is 12,875 square feet (40.9%), the proposed impervious surface ratio (ISR) is 18,810 square feet (59.9%) and the proposed total open space is 12,608 square feet (40.1%). Wayne From: Goudeau, Cyndie Sent: Wednesday, August 05, 2009 11:29 AM To: Wells, Wayne Subject: FW: 08/03/2009 Work Session follow up - Holiday Inn Express. Wayne - please see the Mayor's question below. Please forward response to me for distribution to Council. Thanks. - Cyndie From: Hibbard, Frank Sent: Wednesday; August 05, 2009 11:27 AM To: Goudeau, Cyndie; City Council Cc: Horne, William; Akin, Pam; Silverboard, Jill; Irwin, Rod Subject: RE: 08/03/2009 Work Session follow up - Holiday Inn Express What is the footprint and ISR compared to the existing? Frank V. Hibbard Mayor City of Clearwater 112 S. Osceola Ave. Clearwater, FL. 33756 727-562-4042 From: Goudeau, Cyndie Sent: Wednesday, August 05, 2009 11:24 AM To: City Council Cc: Horne, William; Akin, Pam; Silverboard, Jill; Irwin, Rod Subject: FW: 08/03/2009 Work Session follow up - Holiday Inn Express From: Wells, Wayne Sent: Tuesday, August 04, 2009 4:59 PM To: Goudeau, Cyndie; Delk, Michael Cc: Vaughan, Karen; Call, RosemarieQillen, Michael Subject: 08/03/2009 Work Session follow up - Holiday Inn Express Cyndie - Based on the architectural drawings submitted to the Community Development Board (CDB) and discussion with the project architect, the average size of the hotel rooms for this project is 400 square feet (some units are larger; some are smaller; average out at 400 square feet). Based on information submitted by the applicant to the CDB, the project provides a total of 112 parking spaces. One parking space per room has been provided (108 spaces) and four additional parking spaces for employees (one for the manager, one for a desk clerk and two spaces for housekeeping staff. The owner has indicated that there would be a maximum total number of employees of 10, with a maximum on-site at any one time of seven (when housekeeping staff is on-site). It was indicated to the CDB that housekeeping staff is intended to be shared between this hotel and the Holiday Inn Hotel at 521 S. Gulfview Blvd. The sidewalk issue has been discussed with Michael Quillen and Scott Rice this morning (they will be in attendance at the City Council meeting Thursday night to answer questions as needed). There is a choke point based on the available right-of-way for Coronado Drive adjacent to the northern portion of this project (north of Devon Drive) where. the sidewalk is less than seven feet. As mentioned at the City Council workshop, the public sidewalk is located slightly on the project property at two locations, where a condition of approval was included in the Development Order requiring the granting of an easement prior to the issuance of a Certificate of Occupancy. The sidewalk south of Devon Drive is seven feet in width, as constructed as part of the Beach Walk project. The project does not propose to construct/reconstruct any portion of the public sidewalk on Coronado Drive, except at two locations to remove existing driveway aprons. I am attaching a copy of the site plan submitted to the CDB. Wayne From:, Goudeau, Cyndie - Sent: Tuesday, August 04,'2009 8:36 AM To: Delk, Michael; Wells, Wayne Cc: Vaughan, Karen; Call, Rosemarie; Quillen, Michael Subject: RE: 08/03/2009 Work Session follow up - Holiday Inn Express Forgot to add if possible please provide a picture or rendering of the sidewalk issue. From: Goudeau, Cyndie Sent: Tuesday, August 04, 2009 8:35 AM To: Delk, Michael; Wells, Wayne Cc: Vaughan, Karen; Call, Rosemarie; Quillen, Michael Subject: 08/03/2009 Work Session follow up - Holiday Inn Express Reminder - need to provide Council with information regarding the size of the units in the hotel and the number of employees that will be there. Please respond by noon today. Also, need to get with Engineering regarding the width of the sidewalk. Concerns were expressed regarding it narrowing down to 5 feet. Need to provide this information Thursday night. 0 9 Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, August 04, 2009 3:34 PM To: Wells, Wayne Cc: Delk, Michael; Hollander, Gwen; Watkins, Sherry; Tefft, Cathy Subject: A04-01420: RE: 08/03/2009 Work Session Follow up - Development Agreement I have a copy only, not an original, of a DVA signed 2/26/09. Cathy/Gwen, please contact the applicant re signing the new DVA and the 2 covenants, Exhibits C and D. We have the applicant's representative contact information on the Application. From: Wells, Wayne Sent: Tuesday, August 04, 2009 3:28 PM To: Dougall-Sides, Leslie Cc: Delk, Michael; Hollander, Gwen; Watkins, Sherry Subject: 08/03/2009 Work Session Follow up - Development Agreement I do not have any signed DVA versions in my file. It would appear appropriate that if you had the applicant sign the DVA itself, that your office should have the applicant sign Exhibits C & D prior to the Council agenda. I have a phone message in to Jeff Keierleber, so I can mention this to him when we talk. From: Dougall-Sides, Leslie ; Sent: Tuesday, August 04, 2009 10:50 AM To: Wells, Wayne ; Cc: Delk, Michael; Hollander, Gwen; Watkins, Sherry Subject: RE: 08/03/2009 Work Session Follow up - Development Agreement It should be done prior to the agenda item going to Council, so probably by Planning. Here we had the applicant sign the DVA itself.[current version] but they didn't sign Exhibits.C.and D. We can discuss future procedure if you'd like... From: Wells, Wayne Sent: Tuesday, August 04, 2009 10:45 AM To: Dougall-Sides, Leslie Cc: Delk, Michael; Hollander, Gwen; Watkins, Sherry Subject: 08/03/2009 Work Session Follow up - Development Agreement Leslie - Is obtaining the execution of Exhibits C and D performed by the City Attorney's office or by Planning? Wayne From: Dougall-Sides, Leslie Sent: Tuesday, August 04, 2009 10:38 AM To: Wells, Wayne Cc: Delk, Michael; Hollander, Gwen; Watkins, Sherry Subject: RE: 08/03/2009 Work Session Follow up - Development Agreement Wayne, I've reviewed our CP file and we did get the DVA and Exhibits as attachments to an e-mail from Gina Clayton 7/30. Will still need Exhibits C and D to be executed by the developer. From: Dougall-Sides, Leslie Sent: Tuesday, August 04, 2009 9:40 AM To: Wells, Wayne Cc: Delk, Michael; Hollander, Gwen Subject: FW: 08/03/2009 Work Session Follow up - Development Agreement Importance: High Wayne, since I will be making one change to the DVA I will need the following: The DVA form document in order to make the change. I do not see that in our s:// drive. An executed copy of the new document once the change is made. Exhibits A through D [see below]. Exhibits C and D need to be executed by the developer as well. Leslie From: Dougall-Sides, Leslie Sent: Tuesday, August 04, 2009 9:30 AM' To: Akin, Pam; Goudeau, Cyndie Cc: Dewitt, Gina; Vaughan, Karen; Call, Rosemarie Subject: RE: 08/03/2009 Work Session Follow up - Development Agreement I. only wrote down one change to the DVA language, which is to harmonize the language of Paragraph 6.1.6 re length of stay. I will make .that change. - Additionally, Planning was going to get with Engineering re the width of sidewalk, tapering from 7' to 5', and report -'back,. 'l don't think that this would necessitate a change to the DVA; if so it would be to Exh. B,, the Site Plan. In reviewing our Resolution file on this DVA, I note that we do not have any Exhibits to the:DVA.and will request Planning to have the developer provide. From: Akin, Pam Sent: Tuesday, August 04, 2009 9:07 AM To: Goudeau, Cyndie Cc: Dewitt, Gina; Vaughan, Karen; Call, Rosemarie; Dougall-Sides, Leslie Subject: RE: 08/03/2009 Work Session Follow up - Development Agreement I only heard one specifically. It is Leslies agreement, perhaps she made note of more. From: Goudeau, Cyndie Sent: Tuesday, August 04, 2009 8:39 AM To: Akin, Pam Cc: Dewitt, Gina; Vaughan, Karen; Call, Rosemarie Subject: 08/03/2009 Work Session Follow up - Development Agreement Based on questions from Doran there are a couple of language clarifications to be made to the Decade Properties Development Agreement. I'm pretty sure you made note of them, I didn't do a good job of getting the specifics. • • Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 04, 2009 4:22 PM To: Dougall-Sides, Leslie Cc: Goudeau, Cyndie; Vaughan, Karen; Hollander, Gwen; Delk, Michael Subject: Holiday Inn Express DVA Leslie - With regard to Exhibits to the DVA, Gina Clayton apparently sent you the site plan and elevations on July 30th. I had mentioned to her that the floor plans should be included in Exhibit B, as the Patel project also had floor plans. I am attaching the electronic versions of the floor plans for this project so they can be inserted after the site plan and elevations in Exhibit B. Thanks. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Floor Plan - Floor Plan - Floor Plan - 01.pdf 02.pdf 03.pdf cffw? -ad Floor Plan - 10.pdf Floor Plan - Floor Plan - Floor Plan - Floor Plan - 04.pdf 05.pdf 06-08.pdf 09.pdf 1 • • Resolution No. 09-23 - Case No. DVA2009-00001 -101 and 105 Coronado Drive and 35 Devon Drive SUBJECT/RECOMMENDATION APPROVAL of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. SUMMARY: ¦ The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive. The site is comprised of three parcels, two on the north side of Devon Drive and one on the south side of Devon Drive. The northern portion of the subject property is currently developed with a 22-unit motel at 101 Coronado Drive (Port Vue Motel) and vacant land (formerly a 16-unit motel). The vacant area is presently being used for construction trailers for the Hyatt/Aqualea project (301 S. Gulfview Boulevard). The southern portion of the subject property is currently vacant land (formerly a 15-unit motel), also being used for construction trailers for the Hyatt/Aqualea project. The proposal is for an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) On May 19, 2009, the Community Development Board (CDB) approved with 13 conditions of approval a Flexible Development application for the construction of a 108- unit hotel with associated amenities (FLD2009-03013). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ? Provides for the allocation of 72 units from the Hotel Density Reserve; ? Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ? Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ? For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ? Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 0 0 The Community Development Board reviewed this Development Agreement application at its public hearing on May 19, 2009, and unanimously recommended approval of the application (DVA2009-00001). S: (Planning DepartmentlC D BIFLEX (FLD) (Pending casesl Up for the next CDBIDVA2009-00001 -Coronado 0101 -Holiday Inn Express (7) - 6.18.09 CC - WWICoronado 0101 Summaryfor 6.18.09 CC.doc ., CDB Meeting Date: July 21, 2009 iGINM. Case Number: DVA2009-00001 Agenda Item: E 1. Owner/Applicant: Decade Companies Income Properties Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. Address: 101 and 105 Coronado Drive and 35 Devon Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) USE CATEGORY: BEACH BY DESIGN Small Motel CHARACTER DISTRICT: PROPERTY USE: Current Use: 22-room motel and vacant land (formerly a 16-unit motel and a 15-unit motel) Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) EXISTING North: Preservation (P) District City Marina SURROUNDING ZONING South: Tourist (T) District Retail sales and Overnight AND USES: accommodations East: Tourist (T) District Overnight accommodations and City parking lot West: Tourist (T) District Temporary City parking lot UPDATE: This application was previously recommended for approval to City Council by the CDB at their May 19, 2009, meeting. It was later discovered that the required public notice signage was not placed on the property. The required public notice has been provided for this meeting for rehearing of this application prior to public hearing by City Council on August 6, 2009. Community Development Board - July 21, 2009 DVA2009-00001 - Page 1 of 3 0 0 ANALYSIS: Site Location and Existing Conditions: The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. The subject property is currently developed with a 22-unit motel (101 Coronado Drive) and vacant land presently used for construction trailers for the Hyatt/Aqualea project (105 Coronado Drive and 35 Devon Drive). The vacant parcels were previously developed with a 16-unit motel (105 Coronado Drive) and a 15-unit motel (35 Devon Drive). Development Proposal: The development proposal includes a companion Flexible Development application (FLD2009-03013) to permit an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel (meeting room and exercise room) at a height of 89 feet (to roof deck). All 108 units of the hotel and 94 parking spaces on four levels are proposed on the northern portion of the site (north of Devon Drive). A surface parking lot for 18 spaces is proposed on the southern portion of the site (south of Devon Drive). Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 72 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ? Provides for the allocation of 72 units from the Hotel Density Reserve; ? Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ? Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ? For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ? Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of Community Development Board - July 21, 2009 DVA2009-00001 - Page 2 of 3 0 0 development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2009-03013); 2. That the Development Agreement complies with, the. standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Small Motel character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 101 and 105 Coronado Drive and 35 Devon Drive. Prepared by Planning Department Staff: Ak /H_' Wayne . Wells, AICP, Planner III ATTACHMENTS: ? Development Agreement with Exhibits ? Location Map ? Aerial Map ? Future Land Use Map ? Zoning Map S.IPlanning DepartnientlC D BIFLEX (FLD)IPending caseslUp for the next CDBIDVA2009-00001 -Coronado 0101 -Holiday Inn Express (T) - 6.18.09 CC; 7.21.09 CDB - WWICoronado 0101 Dev. Agree. Staff Report for 7.21.09 CDB.doc Community Development Board - July 21, 2009 DVA2009-00001 - Page 3 of 3 • • BAYMONT ST PROJECT SITE z SAN MARCO W 0 o04%,, Cl) PAPAYA ST > Q ~ Cl) W W O co ZZ Z a Pier 60 O Causeway Blvd ?p T SECOND 0 ST DR THIRD ST W o p LL p Q C9 z X U BRIGHT WATER DR S FIFTH S (d 2 - W BAYSIDE 2 OR LOCATION MAP Owner: Decade Companies Income Properties Cases: FLD2009-03013 DVA2009-00001 Site: 101 Coronado Drive (including 105 Property Size: 0.72 acres Coronado Drive and 35 Devon Drive PIN: 08-29-15-15606-000-0141 Atlas Page: 267A & 276A 08-29-15-00000-320-0200 08-29-15-17550-002-0012 • • \ ..,t R ? ? ? ?y - ± •'` r '. ?f M ! - Vii. ?- t c 9 fib % eJ % 1 1 !-y y 7\ _ 1. T, 7 41 a % 1 it. ,}r i _ i ,f?4r 1 'k /' a q I i r ty ! r ' r a 1 T ? 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Sj07 9 15 PAR INFO - ` ? 2 o ` _ o iTa 10 3 4.21 45, - - - _ r _ F/RST ST ? 94 3 a 1 1 ? 1 1 I I ® 148 14 9 155 0 1 51 I5 NI 96$ 4 5 1 _ 1 - 6 197 O 1 B 100 5 / 1 201 52 1 98 2 1 6 53 99 2>2 LMDR 20fLDCTR ' - 7 ^0 6 7 1?- 100 - T 75 54 4 ^ 21 9 -j ^ry 8 ^ ,? 10 _ - - 218 as 1 2 x ^^ 7 * - N NS 22 216 ^NO 11 9 4 0 b 12 - 7 55 1 - 3 52 "ry ry O 13 14 35 3 _ _ 224 ?h " O N - 10 T --- ^ ° 0 - 2 263 ^ "^ - , 57 10,9 --1 51 11 229 1 17 2 28 ^ ry o,/ 56 230 L _ - - _ j 230 50 _ - - - ? - 1 49 1 2 48 / 2 o - ST 7p / 47 I 301 / 4 / 45 a 251 / 58 30 1 _ 1010 301 - _ _ - , - - - - r_ 1 30 60 59 - - _ 35 ,06 Z ZONING MAP Owner: Decade Companies Income Properties Cases: FLD2009-03013 DVA2009-00001 Site: 101 Coronado Drive (including 105 Property Size: 0.72 acres Coronado Drive and 35 Devon Drive PIN: 08-29-15-15606-000-0141 Atlas Page: 267A & 276A 08-29-15-00000-320-0200 08-29-15-17550-002-0012 • E I 1 1 r--l,w 1 I 13 12 1 15606 1 I I ? z Pier 60 1 1 city I Marina I I WATER LOT 1 Q D;Q I 1 (14) 1 ???? 1 I f 1 sao d r A ? I '57.e 1Q0 59 1 1Q 78. 101101 GOVT LOT 3 35 7 14, 1 e 47 1 ss 100 ,— GOVT LOT 4 t go I h3 Overnight To ?) a oo ??i ?? Beach ?j#y K?1 PAR INFO co __ ?? TT 59 90 _ \ 3 18 p 45.94 104.21 FIRST ST I I I T T C S 94 3 a 1 In - - - _ _ Ibe I?9 501 L5 CN1 Q 98 a d 5 - 1- 97 o 2 Dw - - - - _ 1 Tempbracy e g J00 5 . 6 v ai _ 1 r 6 53 a 1 99 a 21? c et he Beach - - 20P D_ ° _ _ v r -7 W elli & - 1 215 4 d U IN s o I ?' 8 218 t ?o 2 to Z ?` h 70 N3 216 ti? ,t 9 _ 22 4 ?, o of ch d ry , 70 1 , __-_ 56 ht - 35 3 _ ??q 52 1 - 9,9 • 10 i - 7 ccombMda ns 21?et ch d ^, ?? 5 , 91Z ?Q h 11 ?29 1 ,230 QY? ht 30 DW 1 6 0 - ernigBt- 'o - -j z adat ops 49 48D / ache I Beach LL _ om>tpo a o THIRDS 30 5 4111 $ 45 30 2 ? 51 9 10 , 0fern' h 30 . s 9 35 59 - Z?Ce odati ns ,osw 3 3 02 EXISTING Owner: Decade Companies Income Properties Cases: FLD2009-03013 DVA2009-00001 Site: 101 Coronado Drive (including 105 Property Size: 0.72 acres Coronado Drive and 35 Devon Drive PIN: 08-29-15-15606-000-0141 Atlas Page: 267A & 276A 08-29-15-00000-320-0200 08-29-15-17550-002-0012 r: 101 Coronado Drive (including 105 Coronado Drive and 35 Devon Drive) FLD2009-03013/D VA2009-00001 Page 1 of 2 View looking NE at northern portion of subject property on N side of Devon Drive (including 101 and 105 Coronado Drive) View looking N at City Marina N of northern portion of subject property View looking E at deck/dock on N side of northern portion of subject property (N of seawall) View looking N at Sea Captain Motel (40 Devon Drive) E of northern portion of subject property Drive (northern portion of subject property on left) View looking SE at southern portion of subject property on S side of Devon Drive (35 Devon Drive) 0 0 Vices looking 5 at City parking lot at 41 Devon Drive (E of southern portion of subject property) View looking SE along Coronado Dr at retail sales and overnight accommodation uses S of southern portion of subject property View looking SW at temporary City parking lot at 100 Coronado Dr (site of Kiran Grande hotel project) 101 Coronado Drive (including 105 Coronado Drive and 35 Devon Drive) FLD2009-03013/DVA2009-00001 Page 2 of 2 View looking S along Coronado Dr at Hyatt/Aqualea project at 301 S. Gulfview Blvd and temporary City parking lot on right View looking NW at intersection of Coronado Dr & S. Gulfview Blvd (Pier 60 parking lot in background) View looking W at temporary City parking lot at 100 Coronado Dr (site of Kiran Grande hotel project) • • Wells, Wayne From: Wells, Wayne Sent: Friday, July 17, 2009 12:16 PM To: Clayton, Gina; Sprague, Nicole Subject: DVA2009-00001 No changes. I posted the notification sign for the CDB and CC, which was the reason for the continuance. From: Clayton, Gina Sent: Friday, July 17, 2009 12:00 PM To: Wells, Wayne Subject: FW: DVA2009-00001 Wayne - I assume no changes .... From: Sprague, Nicole Sent: Friday, July 17, 2009 10:14 AM To: Clayton, Gina Subject: DVA2009-00001 Hi Gina, I'm preparing the 8/6 Council Agenda and the DVA for 101 Coronado Drive, Res 09-23 is scheduled for this meeting (continued from 6/15 Council meeting). Cyndie suggested I contact you to check and see if there are any changes to this item. If there aren't, I'll copy the item from the 6/15 meeting with all -its"aipprovals and it will be good to go. Thanks for your help! Nicole Sprague City of Clearwater City Clerk Specialist (727) 562-4097 i IL • 0 Wells, Wayne From: Vaughan, Karen Sent: Friday, June 19, 2009 10:14 AM To: Clayton, Gina; Watkins, Sherry Cc: Gilmore, Stephanie; Sprague, Nicole; Wells, Wayne Subject: RE: DVA2009-00001 - 101 Coronado Drive Thanks! Agenda Tracking already went out and will still show it as 6/18 at the Sr. Exec. Team Meeting on Monday, but it is corrected now. Karen Vaughan Sr. Staff Assistant Official Records & Legislative Services Ph #: 727-562-4091. Fax #: 727-562-4o86 From: Clayton, Gina Sent: Friday, June 19, 2009 9:59 AM To: Vaughan, Karen; Watkins, Sherry Cc: Gilmore, Stephanie; Sprague, Nicole; Wells, Wayne Subject: RE: DVA2009-00001 - 101 Coronado Drive This will have to go to the July 21St CDB Meeting and August 6th City Council meeting From: Vaughan, Karen Sent: Thursday, June 18, 2009 3:32 PM To: Clayton, Gina; Watkins, Sherry Cc: Gilmore, Stephanie; Sprague, Nicole Subject: FW: DVA2009-00001 - 101 Coronado Drive Hi! I want to be sure and have this correctly on agenda tracking. What dates are we continuing to? Karen Vaughan Sr. Staff Assistant Official Records & Legislative Ser-Oces Ph #: 727-562-4091 Fax #: 727-562-4o86 From: Clayton, Gina Sent: Wednesday, May 20, 2009 2:46 PM To: Vaughan, Karen Cc: Watkins, Sherry; Sprague, Nicole; Gilmore, Stephanie; Hollander, Gwen Subject: RE: DVA2009-00001 - 101 Coronado Drive . . Z. Thanks - we'll have a resolution to be*ertised. Gwen can we have a resolutionisiber or has Leslie already prepared the resolution? -----Original Message----- From: Vaughan, Karen Sent: Wednesday, May 20, 2009 1:33 PM To: Clayton, Gina Cc: Watkins, Sherry; Sprague, Nicole; Gilmore, Stephanie Subject: RE: DVA2009-00001 - 101 Coronado Drive Hi Gina! Item added to 6/18 council meeting on agenda tracking. MuniAgenda deadline is June 1S` Thanks! Karen Vaughan Sr. Staff Assistant Official Records & Legislative Services Ph #: 727-562-4091 Fax #: 727-562-4086 From: Clayton, Gina Sent: Wednesday, May 20, 2009 11:37 AM To: Vaughan, Karen Cc: Watkins, Sherry Subject: FW: DVA2009-00001 - 101 Coronado Drive Importance: High Karen - I forgot about a development agreement that needs to be on the June 18th City Council meeting. The case is DVA 2009-00001, 101 Coronado, Holiday Inn Express. Thanks! -----Original Message----- From: Wells, Wayne Sent: Friday, May 15, 2009 3:53 PM To: Clayton, Gina Cc: Tefft, Robert Subject: DVA2009-00001 - 101 Coronado Drive Gina - There is opposition to the hotel project for this site. However, assuming the CDB approves the FLD case and recommends approval of the DVA case, I have not scheduled a City Council hearing date for the DVA. I believe City Council meets on the first and third Thursday of each month, which means the next City Council meetings the DVA could go to would be June 4th or June 19th. If June 4th, I will not be here (still in Colorado). If June 19th, 1 return on June 9th. Just trying to see when to schedule the City Council meeting and how to get the necessary muniagenda item into the system. Any ideas? Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 • • Wells, Wayne From: Clayton, Gina Sent: Monday, June 15, 2009 1:45 PM To: Wells, Wayne Cc: Tefft, Robert Subject: FW: Agenda - Planning Item FYI From: Goudeau, Cyndie Sent: Friday, June 12, 2009 2:49 PM To: City Council Cc: Horne, William; Silverboard, Jill; Irwin, Rod; Akin, Pam; Delk, Michael; Clayton, Gina; Watkins, Sherry Subject: Agenda - Planning Item Mayor and Councilmembers - Item 9.1, the Development Agreement for 101 Coronado will have to be continued to August 6. The required posting of the property did not take place and the application will have to be heard by the CDB again on July 21. Thursday night's agenda and item will note the continuance. Cyndie i i Wells, Wayne From: Clayton, Gina Sent: Thursday, June 11, 2009 3:59 PM To: Wells, Wayne Cc: Tefft, Robert Subject: Holiday Inn Express Since the notice was not posted on this property it will need to go back to the CDB in July and I have scheduled the DVA for the August 6th City Council meeting. Please call your applicant and let him know. You may offer that they can submit building plans at their risk if need to in order to keep on any planned schedule. On another note - when we do DVA items in muniagenda, - in the subject/recommendation we need to say add that the Council needs to adopt Resolution XX-XX. For example - APPROVE a Development Agreement between Spinecare Properties, LLC (the property owner) and the City of Clearwater, Florida for property located at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the North 1/4 of the Northwest '/a of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Adopt Resolution No. 08-06. (DVA2005-00001 A). Please make sure this gets incorporated - if not - the Clerk's office does not like us O i I 0 .7 Wells, Wayne From: Clayton, Gina Sent: Thursday, May 21, 2009 2:49 PM To: Gilmore, Stephanie; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: A04-01420: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive Thanks - looks great! Gina -----Original Message----- From: Gilmore, Stephanie Sent: Thursday, May 21, 2009 2:48 PM To: Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: A04-01420: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive Please see the attached DVA. This copy should include all corrections. Please advise if I have missed anything. Thanks again. From: Clayton, Gina Sent: Thursday, May 21, 2009 1:38 PM To: Dougall-Sides, Leslie; Gilmore, Stephanie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: A04-01420: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive How about if we used this: The Development Agreement will allow an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, May 21, 2009 12:38 PM To: Clayton, Gina; Gilmore, Stephanie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: A04-01420: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive Yes, I think that would be informative. Ch. 163 requires that density be specified and that would clarify the respective "regular" and "reserve" density for the historical record and the public. From: Clayton, Gina Sent: Thursday, May 21, 2009 11:53 AM To: Gilmore, Stephanie; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive The meeting starts at 6:00 instead of 1:00 and there should be a period after (roof deck). Leslie - should we say the number of units allocating from the density reserve? JP -----Original Message----- From: Gilmore, Stephanie Sent: Thursday, May 21, 2009 11:40 AM To: Gilmore, Stephanie; Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: DVA2009-00001,101, 105 Coronado Dr & 35 Devon Drive From: Gilmore, Stephanie Sent: Thursday, May 21, 2009 11:34 AM To: Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive My apologies to all. I sent the incorrect notice. Attached is the correct notice excluding the Flexible Land Development text. I agree about "beginning" instead of "begin". However, in the legal description submitted, this is how it was listed. From: Clayton, Gina Sent: Thursday, May 21, 2009 11:27 AM To: Gilmore, Stephanie; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive Wayne is on vacation. I'm not sure about the accuracy of the legal description. Robert can you help with that review? Should it say "beginning at" instead of "begin" Also - delete: A public hearing will also be held to consider request for a Flexible Land Development for the above-described property. That public hearing already occurred at the Community Development Board. -----Original Message----- From: Gilmore, Stephanie Sent: Thursday, May 21, 2009 11:23 AM To: Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole Subject: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive Please review the attached ad. Due to the holiday, please advise of any changes or corrections no later than 3:00 5/22/09. Thank you. StepOe Gilmore • City Clerk Specialist City of Clearwater (727)562-4227 Stephanie.Gilmore@myclearwater.com ; • • CITY OF CLEARWATER NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT A public hearing will be conducted before the City Council on June 18, 2009, beginning at 6:00 PM (or as soon thereafter as the matter may be heard), in City Council Chambers, Td floor of City Hall, 112 South Osceola Ave., Clearwater, Florida, to consider Resolution 09-23 approving a Development Agreement between the City of Clearwater and Decade Companies Income Properties for property located at 101 & 105 Coronado Dr. and 35 Devon Dr. legally described as Begin at the SW corner of Water Lot 1, City Park Subdivision, according to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas County Florida; run thence West along the East-West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the Point of Beginning' thence South 5132'30" West along East right-of-way line of Coronado Dr. 16.26 ft.; thence South 84027'30" East, 100 ft.; thence North 5032'30" East 78.06 feet; thence Northwesterly along existing along concrete seawall 113.38 feet more or less; thence South 6010'00" West, 82.63 ft.; thence South 4°25'11" East, 25.74 ft. to the Point of Beginning and Begin at the Southwest corner of Water Lot 1 of City Park Subdivision, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; and run thence West along the East and West Center Line of Section 8, Township 29 South, Range 15 East, 15 ft. to the Easterly line of Coronado Dr.; thence South 5032'30" West, 16.26 ft, for the Point of Beginning; thence continue South 5032'30" West, 100 feet to the Northerly line of First Avenue, thence North 5032'30" East, 100 feet; thence North 84027'30" West, 100 feet to the Point of Beginning. The. North 100 ft of the West 110 ft of Lot 1, Block B, Columbia Subdivision, according. to the map or plat thereof as recorded in Plat Book 23, Page 60, Public Records of Pinellas. County, Florida (DVA2009-00001) The Development Agreement will allow an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck). Interested parties may appear to be heard or file written notice of approval or objections with the Planning Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Additional information, including the Development Agreement, is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562-4567. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE • 9 ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. To learn more about presenting to Clearwater boards and City Council, go to http://clearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 06/06/09 Wells, Wayne From: Tefft, Robert Sent: Thursday, May 21, 2009 12:56 PM To: Gilmore, Stephanie; Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole Subject: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive With regard to the legal description - this has already been reviewed by Engineering (Tom Mahoney) and would have been determined to be correct. I would not alter it at this point. From: Gilmore, Stephanie Sent: Thursday, May 21, 2009 11:40 AM To: Gilmore, Stephanie; Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive From: Gilmore, Stephanie Sent: Thursday, May 21, 2009 11:34 AM To: Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive My apologies to all. I sent the incorrect notice. Attached is the correct notice excluding the Flexible Land Development text. I agree about "beginning" instead of "begin". However, in the legal description submitted, this is how it was listed. From: Clayton, Gina Sent: Thursday, May 21, 2009 11:27 AM To: Gilmore, Stephanie; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; Sprague, Nicole; Tefft, Robert Subject: RE: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive Wayne is on vacation. I'm not sure about the accuracy of the legal description. Robert can you help with that review? Should it say "beginning at" instead of "begin" Also - delete: A public hearing will also be held to consider request for a Flexible Land Development for the above-described property. That public hearing already occurred at the Community Development Board. -----Original Message----- From: Gilmore, Stephanie Sent: Thursday, May 21, 2009 11:23 AM To: Clayton, Gina; Dougall-Sides, Leslie; Wells, Wayne Cc: Call, Rosemarie; SpragueOcole 0 Subject: DVA2009-00001, 101, 105 Coronado Dr & 35 Devon Drive Please review the attached ad. Due to the holiday, please advise of any changes or corrections no later than 3:005/22/09. Thank you. Stephanie Gilmore City Clerk Specialist City of Clearwater (727)562-4227 Stephanie.Gilmore@myclearwater.com • • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 20, 2009 4:59 PM To: Clayton, Gina Subject: HI Express Developers Agreement Gina - I have looked at all of the attachments EXCEPT the Development Agreement and they are the most up-to-date plans. I did check the DVA and Exhibit "B" says "Site and Building Plans". I also checked the Patel DVA and the floor plans were included in the recorded document. So, yes we need the floor plans. As to the Development Agreement, it would be comparing the attachment to that which is in the file. Thanks. Wayne -----Original Message----- From: Clayton, Gina Sent: Wednesday, May 20, 2009 4:11 PM To: Wells, Wayne Subject: FW: HI Express Developers Agreement Would you have time to take a quick look to make sure eveiy thing needed is there. If you don't have enough time I will understand. -----Original Message----- From: Keith Zayac, P.E., R.L.A., LEED AP [mailto:keith@keithzayac.com] Sent: Wednesday, May 20, 2009 4:04 PM To: Clayton, Gina Cc: jkeier@decadegroup.com; Hunraf@aol.com Subject: HI Express Developers Agreement Gina, Attached is an electronic copy of the developers agreement, legal description, site and building plans. Please let me know if you need anything else. Keith Zayac, P.E., R.L.A., LEED AP Keith Zayac & Associates, Inc. 701 Enterprise Road E., Suite 404 Safety Harbor, FI 34695 727-793-9888 Ext. 302 5/20/2009 0 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 20, 2009.5:01 PM To: Clayton, Gina Subject: DVA2009-00001 - 101 Coronado. Drive corrected the Summary. for the 6/18/09 CC. under the DVA file ("Up next for CDB" for FLEX) to reflect this Resolution number. -----Original Message----- From: Clayton, Gina Sent: Wednesday, May 20, 2009 4:09 PM To: Wells, Wayne Subject: FW: DVA2009-00001 - 101 Coronado Drive FYI -----Original Message----- From: Hollander, Gwen Sent: Wednesday, May 20, 2009 2:59 PM To: Clayton, Gina; Vaughan, Karen Cc: Watkins, Sherry; Sprague, Nicole; Gilmore, Stephanie Subject: RE: DVA2009-00001 - 101 Coronado Drive We have prepared the resolution - 09-23 Approving DVA2009-00001 - 101 Coronado Dr., Decade Companies (Holidav Inn Express) From: Clayton; Gina Sent: Wednesday, May 20, 2009 2:46 PM To Vaughan, Karen Cc: Watkins, Sherry; Sprague, Nicole; Gilmore, Stephanie; Hollander, Gwen Subject: RE: DVA2009-00001 - 101 Coronado Drive Thanks - we'll have a resolution to be advertised. Gwen can we have a resolution number or has Leslie already prepared the resolution? -----Original Message----- From: Vaughan, Karen Sent: Wednesday, May 20, 2009 1:33 PM To: Clayton, Gina Cc: Watkins, Sherry; Sprague, Nicole; Gilmore, Stephanie Subject: RE: DVA2009-00001 - 101 Coronado Drive Hi Gina! Item added to 6/18 council meeting on agenda tracking. MuniAgenda deadline is June 1st Thanks! Karen Vaughan Sr. Staff Assistant Official Records & Legislative Services Ph #: 727-562-4091 Fax #: 727-562-4086 1 From: Clayton, Gina Sent: Wednesday, May 20, 2009 11:37 AM To: Vaughan, Karen Cc: Watkins, Sherry Subject: FW: DVA2009-00001 - 101 Coronado Drive Importance: High Karen - I forgot about a development agreement that needs to be on the June 18th City Council meeting. The case is DVA 2009-00001, 101 Coronado, Holiday Inn Express. Thanks! -----Original Message----- From: Wells, Wayne Sent: Friday, May 15, 2009 3:53 PM To: Clayton, Gina Cc: Tefft, Robert Subject: DVA2009-00001 - 101 Coronado Drive Gina - There is opposition to the hotel project for this site. However, assuming the CDB approves the FLD case and recommends approval of the DVA case, I have not scheduled a City Council hearing date for the DVA. I believe City Council meets on the first and third. Thursday of each month,. which means the next City Council meetings the. DVA could go. to. would be. June 4th or June 19th. If June 4th, I will not be here (still in Colorado). If June 19th, I return on. June 9th. Just trying to see when to schedule the City Council meeting and how to. get the necessary muniagenda item into the system.. Any ideas? Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 • Wells, Wayne From: Wells, Wayne Sent: Thursday, May 14, 2009 4:13 PM To: Robert Pergolizzi (E-mail) Subject: FLD2009-03013 and DVA2009-00001 - 101 Coronado Drive Robert - Attached are the Staff Reports for the above referenced cases, to be heard by the Community Development Board (CDB) at 1:00 pm on Tuesday, May 19, 2009, in City Council Chambers (City Hall, 112 S. Osceola Avenue). Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Coronado Coronado 1 Staff ReportAl Dev. Agree. S' r CDB Meeting Date: May 19, 2009 Case Number: DVA2009-00001 (Related to FLD2009-03013) Agenda Item: F.1. Related to E.4.) Owner/Applicant: Decade Companies Income Properties Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. Address: 101 and 105 Coronado Drive and 35 Devon Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT CRicf GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income. Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH). USE CATEGORY: BEACH BY DESIGN Small Motel CHARACTER DISTRICT: PROPERTY USE: Current Use: 22-room motel and vacant land (formerly a 16-unit motel and a 15-unit motel) Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) EXISTING North: Preservation (P) District City Marina SURROUNDING ZONING South: Tourist (T) District Retail sales and Overnight AND USES: accommodations East: Tourist (T) District Overnight accommodations and City parking lot West: Tourist (T) District Temporary City parking lot ANALYSIS: Site Location and Existing Conditions: The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. The subject property is currently developed with a 22-unit motel (101 Coronado Drive) and vacant land presently used for construction trailers for the Hyatt/Aqualea project (105 Coronado Drive and 35 Devon Drive). The vacant parcels were previously developed with a 16-unit motel (105 Coronado Drive) and a 15-unit motel (35 Devon Drive). • Community Development Board - May 19, 2009 DVA2009-00001 - Page 1 of 3 0 0 Development Proposal: The development proposal includes a companion Flexible Development application (FLD2009-03013) to permit an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel (meeting room and exercise room) at a height of 89 feet (to. roof deck). All 108 units of the hotel and 94 parking spaces on four levels are proposed on the northern portion of the site (north of Devon Drive). A surface parking lot for 18 spaces is proposed on the southern portion of the site (south of Devon Drive). Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to. Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms are available under the. Hotel Density Reserve and this proposal requests the allocation of 72 units from it.. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions:. ? Provides for the allocation of 72 units from the Hotel Density Reserve; ? Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ? Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;. ? For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ? Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the. National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement.. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. Community Development Board - May 19, 2009 DVA2009-00001 - Page 2 of 3 0 0 SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community. Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street; 2. That the property. is located within the. Tourist (T) District and the Resort Facilities High (RFH) Future Land Use. Plan category;. 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2009-03013); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the. Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Small Motel character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning Department recommends the. APPROVAL, and recommendation to the. City Council, of a Development Agreement between Decade Companies Income. Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 101 and 105 Coronado Drive and 35 Devon Drive. Prepared by Planning Department Staff:. L,41,4_ IAJ, A4& Wayne M. ells, AICP, Planner III ATTACHMENTS: ? Development Agreement with Exhibits ? Location Map ? Aerial Map ? Future Land Use Map ? Zoning Map S: (Planning DepartmentlCD BIFLEX (FLD)IPending caseslUp for the next CDBID VA2009-00001- Coronado 0101 -Holiday Inn Express (T) - 5.19.09 CDB - WWICoronado 0101 Dev. Agree. Staff Report for 5.19.09 CDB.doc Community Development Board - May 19, 2009 DVA2009-00001 - Page 3 of 3 '%-E: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional ... Pagel of 2 0 • Wells, Wayne From: Clayton, Gina Sent: Wednesday, May 13, 2009 2:46 PM To: Dougall-Sides, Leslie; Delk, Michael; Wells, Wayne Cc: Tefft, Robert Subject: RE: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional Comment Importance: High IbINumAttach: 0 MessageGUID: {EB30EBAF-AA5E-42A5-996F-063A08A4477B} MsgHeaderlD: <1 B01 F7BCE793474983CAAF26F0433F0503567213@msb-eml-2.clearwater-fl.com> OriginalDate: None Originator: SQL Style: Bayfront Downtown Boatslips w/Referendum-Planning to Awarding Constr. In looking at the latest agreement - Section 6.1.3.2 states that the developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, May 13, 2009 11:44 AM To: Delk, Michael; Wells, Wayne Cc: Clayton, Gina; Tefft, Robert Subject: RE: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional Comment Please note that DVA20009-00001, Decade Properties, scheduled for the May 19 CDB agenda, also provides for the longer, 4-year, time frame.. -----Original Message----- From: Delk, Michael Sent: Wednesday, May 06, 2009 1:57 PM To: Dougall-Sides, Leslie; Wells, Wayne; Kurleman, Scott Cc: Clayton, Gina; Tefft, Robert Subject: RE: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units-- Additional Comment Concur. It was an important point to the Planning Director and I believe supported by City Council. Recommendation of approval should contain this language. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- 5/14/2009 V: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional ... Page 2 of 2 From: Dougall-Sides, Leslie Sent: Wednesday, May 06, 2009 1:39 PM To: Wells, Wayne; Kurleman, Scott Cc: Delk, Michael Subject: GM06-1313-001 DVA Standard Form for Hotel Density Reserve Units--Additional Comment As an additional DRC review comment: Neither of the first two WAS proposed under the Hotel Density Reserve concept [2008-00002 and 2008-00003] have included the standard language approved by the City Council regarding time frames for obtaining building permits and C.O.s and commencing vertical construction. The form DVA, Paragraph 6.1.3.2, reads: 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. The applicants have both proposed a longer time frame, four years. Planning will need to determine whether this factor will result in a recommendation for denial in the Staff Report. It was an important point to the Planning Director in the discussion. Leslie K. Dougall-Sides. Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources 5/14/2009 2.00 pm Case Number: DVA2009-00-- 101 CORONADO DR • Owner(s): Decade Companies Income Proper 4,x ? 13555 Bishops Ct Brookfield, Wi 53005 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Keith Zayac 701 Enterprise Road East Safety Harbor, F134695 TELEPHONE: (727) 793-9888, FAX: (727) 793-9855, E-MAIL: keith@keithzayac.com Location: 0.72 ACRES LOCATED ON THE EAST SIDE OF CORONADO DRIVE AT THE NORTHEAST AND SOUTHEAST CORNERS OF DEVON DRIVENIRST STREET Atlas Page: 267A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater. (Related to FLD2009-03013) Proposed Use: Overnight accommodations Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: CITY: WAYNE WELLS, ROBERT TEFFT, STEVE DOHERTY, SCOTT RICE, JIM KELLER, TOM GLENN APPLICANT: KEITH ZAYAC, BILL MILLS The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1 . No issues. Fire: No Comments Harbor Master: 1 . No issues. Legal: 1 . No issues. Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: 1 . No issues. Solid Waste: 1 . No issues. Traffic Engineering: 1 . No issues. Planning: Development Review Agenda - Thursday, April 2, 2009 - Page 37 DRC Action Agamda 1.1 I . Signature on the Alfcation - Unclear who signed this application, 46e notary failed to include the signatore's name when notarizing the form. Need to redo signature and notarization. 2. Page 2 - 3. Page 2 - Third from last Whereas - Fill in the FLD number (FLD2009-03013). 4. Page 2 - Section 3.2 - Remove "or under contract to be owned in fee simple". 5 . Page 3 - Section 3.3 - Overall property also involves 35 Devon Drive. General address is 101 Coronado Drive (if that is the address picked by the applicant). 6. Page 3 - Section 4.1 - Add in the proposed density of "(150 rooms/units per acre)" at the end of the first sentence. 7. Page 3 - Section 4.2 - Revise the number of parking spaces to 110. 8. Page 3 - Add in a new Section 4.3 stating the proposed height of the building (to roof deck). 9. Page 3 - Section 4.3 - Renumber to Section 4.4. 10. Page 3 - Section 4.3 - Renumber to Section 4.5. 11 . Page 3 - Add a new Section 4.6 stating "The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities." 12. Page 3 - Section 5.1 - Revise the Code Section at the end of the paragraph to "4-606.G.2". 13. Page 4 - Section 6.1.3.1 - Revise the case number in the fourth line to "FLD2009-03013". 14. Page 4 - Section 6.1.3.2 - Revise paragraph to "The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement." 15. Page 4 - Section 6.1.4 - Revise for the following: a. Second line - Add after "agrees to execute" the following: "and record in the Public Records of Pinellas County, Florida"; b. Eigth line (end of sentence) - Add a new sentence "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." c. Add to the end of the paragraph - "Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida." 16. Pages 4/5 - Section 6.1.5 - Replace this paragraph with the following: "6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 72 hotel units to the Project site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-03013 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the certificate of occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2009-03013 and by this Agreement. 17. Page 5 - Section 6.1.6 - Next to last line, add after "is limited to" the following: "no more than". 18. Page 5 - Section 6.2.3 - Replace with the following: "Upon adoption of this Agreement, the Project shall receive 72 units from the Hotel Density Reserve as defined in Beach by Design." 19. Page 5 - Section 7 - Fourth line - Add to the end of the sentence the following: ", unless otherwise provided by law". Development Review Agenda - Thursday, April 2, 2009 - Page 38 DRC Action Agmda 1.1 0 20 . Page 6 - Section 7 eplace this section with the following: 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees." 21 . Page 6 - Section 9 - Revise a portion of line two to read "terms of this Agreement and is consistent". 22. Page 6 - Section 10 - Eliminate the "10.1" and rather pull up the paragraph to be after the title "Termination". 23. Page 6 - Section 11.1 - Revise in the first line "twenty (20)" to "ten(10)". 24. Page 7 - Section 13 - Last paragraph - Third line - Revise to delete after "third" the word "3rd". 25. Page 9 - Section 21 - Line seven - Add after "any party hereto" the following "are thereby limited". 26. Page 10 - Signature of Developer - Under the signature, add the person's name and their position within the corporation. 27. Page 12 - This page is blank. Is it needed? Should it be stated on this sheet "This page is intentionally blank"? 28. Page 13 - Either add the legal descriptions to this page or add "See Attachment "A" ". 29. Page 13 Attachment "A" - Need to add in the legal description for the southern parcel on the south side of Devon Drive. 30. Exhibit "C" - Page 15 - a. Second paragraph - End of fourth line - Place "Beach by Design" in italics; b. Third paragraph - End of second line, add after "mid-size" the following ",mid-price"; c. Section 2. 1.1 - Revise in the first line "minimum" to "maximum" 31 . Exhibit "C" - Page 16 - a. Section 2.1.2 - Add in the first line after "All other" the following: "thirty-six"; and b. Under the line the Developer signs on, include: "Print Name". 32. Exhibit "D" - Page 20 - Under the line the Developer signs on, include: "Print Name". Other: No Comments Notes: APPLICATION IS SUFFICIENT; HOWEVER, NEEDS TO STAY ON THE SAME SCHEDULE AS FLD2009-03013 Development Review Agenda - Thursday, April 2, 2009 - Page 39 DRC Action Agmda 1.1 • r Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, March 31, 2009 11:42 AM To: Wells, Wayne Subject: RE: DVA2009-00001, 101 Coronado Drive Should be "2008", just refers to statute book edition. -----Original Message----- From: Wells, Wayne Sent: Monday, March 30, 2009 4:20 PM To: Dougall-Sides, Leslie Subject: DVA2009-00001, 101 Coronado Drive Leslie - When you developed the standard format for the Development Agreements for projects desiring units from the Hotel Density Reserve, I am unclear what date needs to be filled in the following paragraph (last whereas on Page 1 of the format): WHEREAS, the City has conducted such hearings as are required by and in accordance with Florida Statutes Section 163.3220 (200, Code Section 4-606, and any other applicable law; Is this the date of the City Council public hearing where this Development Agreement is approved or some other date? Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Case # DVA2009-00001 • Sign Posting Acknowledgement I hereby acknowledge receiving a notification signs to post on the subject property (one on the northern portion and one on the southern portion) that is undergoing an amendment to a previously approved Development Agreement and will post the provided signs on the subject property so that they are readable from Coronado Drive a minimum of 10 days before the CDB Public Hearing. O S'?Q d a A.% Print Name Date Wc-",X?sL Sign Na e Public Hearing Date: CDB: 7-21-2009 Posting Date - No Later Than: 7-11-2009 CC: 8-6-2009 7-27-2009 v y t.., . 11 " CITY OF CLEARWATER 0 w VJ NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT A public hearing will be conducted before the Community Development Board on July 21, 2009, beginning at 1:00 PM (or as soon thereafter as the matter may be heard), in City Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave., Clearwater, Florida, to consider approving a Development Agreement between the City of Clearwater and Decade Companies Income Properties for property located at 101 & 105 Coronado Dr. and 35 Devon Dr. legally described as Begin at the SW corner of Water Lot 1, City Park Subdivision, according to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas County Florida; run thence West along the East-West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the Point of Beginning' thence South 5132'30" West along East right-of-way line of Coronado Dr. 16.26 ft.; thence South 84027'30" East, 100 ft.; thence North 5°32'30" East 78.06 feet; thence Northwesterly along existing along concrete seawall 113.38 feet more or less; thence South 6110'00" West, 82.63 ft.; thence South 4°25'11" East, 25.74 ft. to the Point of Beginning and Begin at the Southwest corner of Water Lot 1 of City Park Subdivision, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; and run thence West along the East and West Center Line of Section 8, Township 29 South, Range 15 East, 15 ft. to the Easterly line of Coronado Dr.; thence South 5°32'30" West, 16.26 ft, for the Point of Beginning; thence continue South 5132'30" West, 100 feet to the Northerly line of First Avenue, thence North 5032'30" East, 100 feet; thence North 84027'30" West, 100 feet to the Point of Beginning. The North 100 ft of the West 110 ft of Lot 1, Block B, Columbia Subdivision, according to the map or plat thereof as recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida (DVA2009-00001) The Development Agreement will allow overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site) at a height of 89 feet (to roof deck). A public hearing will also be held to consider request for a Flexible Land Development for the above- described property. Interested parties may appear to be heard or file written notice of approval or objections with the Planning Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Additional information, including the Development Agreement, is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562-4567. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE s ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. To learn more about presenting to Clearwater boards and City Council, go to http://cearwater.granicus.comNiewPubIisher.phP?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 07/09/09 n V CLEAWATER BEACH ASSOC. JAY KEYES, PRESIDENT 100 DEVON DRIVE CLEAWATER, FL 33767 BASKIN, H H EST OWENS, W D EST 516 N FT HARRISON AVE CLEARWATER FL 33755 - 3905 rniA?nn4-nnnni • 9s 110 DEVON DR LLC 2120 RANGE RD CLEARWATER FL 33765 - 2125 CHRISTMAN, KENNETH R SR CHRISTMAN, LINDA J 225 CORONADO DR CLEARWATER FL 33767 - 2431 SBADERTSCHER, JAMES R BADERTSCHER, DARLENE J 121 DEVON DR CLEARWATER FL 33767 - 2439 CRYSTAL BEACH CAPITAL LLC 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602 - 5189 CUSTER, GERALD DECADE COMPANIES INCOME DENELL, MARGARET M 2152 LONG BOW LN PROPER 94 DEVON DR CLEARWATER FL 33764 - 6414 N19 W24130 RIVERWOOD DR STE 10 CLEARWATER FL 33767 - 2436 WAUKESHA WI 53188 - 1131 GONATOS-FELLIOS, MARIA E 120 DEVON DR CLEARWATER FL 33767 - 2438 HAMODI, AHMED A 116 DEVON DR CLEARWATER FL 33767 - 2438 K & P CLEARWATER ESTATE II LLC 5600 MARINER ST STE 227 TAMPA FL 33609 - 3417 KEYES, JAY F THE KEYES, JANET D THE 100 DEVON DR CLEARWATER FL 33767 - 2438 PANGS, STEVE S PANGS, FILITSA 109 DEVON DR CLEARWATER FL 33767 - 2439 RUDMAN, MIRKO RUDMAN,ANKA 217 CORONADO DR CLEARWATER FL 33767 - 2431 MAZUR, JAN MAZUR, JANINA 216 HAMDEN DR CLEARWATER FL 33767 - 2446 PAPPAS, ANASTASIA PAPPAS, TOM 115 DEVON DR CLEARWATER FL 33767 - 2439 SEA CAPTAIN 526 BELLE ISLE BELLEAIR BEACH FL 33786 - 3612 TROPICANA RESORT LAND TRUST WANIO, TATIANA A 300 HAMDEN DR 14 GRENVIEW BLVD N CLEARWATER FL 33767 - 2448 TORONTO, ONTARIO M08X 2K1 00001 - CANADA MILO INVESTMENTS LLC 4 AMBLESIDE DR BELLEAIR FL 33756 - 1910 QUINN, ANN E 225 HAMDEN DR CLEARWATER FL 33767 - 2497 TRACEY, CHRISTINA M 207 CORONADO DR CLEARWATER FL 33767 - 2431 ? r CITY OF CLEARWATER NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT A public hearing will be conducted before the Community Development Board on May 19, 2009, beginning at 1:00 PM (or as soon thereafter as the matter may be heard), in City Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave., Clearwater, Florida, to consider approving a Development Agreement between the City of Clearwater and Decade Companies Income Properties for property located at 101 & 105 Coronado Dr. and 35 Devon Dr. legally described as Begin at the SW corner of Water Lot 1, City Park Subdivision, according to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas County Florida; run thence West along the East-West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the Point of Beginning' thence South 5032'30" West along East right-of-way line of Coronado Dr. 16.26 ft.; thence South 84027'30" East, 100 ft.; thence North 5132'30" East 78.06 feet; thence Northwesterly along existing along concrete seawall 113.38 feet more or less; thence South 6110'00" West, 82.63 ft.; thence South 4°25'11" East, 25.74 ft. to the Point of Beginning and Begin at the Southwest corner of Water Lot 1 of City Park Subdivision, as recorded in Plat Book 23, Page 37, Public Records of Pinellas County, Florida; and run thence West along the East and West Center Line of Section 8, Township 29 South, Range 15 East, 15 ft. to the Easterly line of Coronado Dr.; thence South 5032'30" West, 16.26 ft, for the Point of Beginning; thence continue South 5032'30" West, 100 feet to the Northerly line of First Avenue, thence North 5032'30" East, 100 feet; thence North 84027'30" West, 100 feet to the Point of Beginning. The North 100 ft of the West 110 ft of Lot 1, Block B, Columbia Subdivision, according to the map or plat thereof as recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida (DVA2009-00001) The Development Agreement will allow overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site) at a height of 89 feet (to roof deck). A public hearing will also be held to consider request for a Flexible Land Development for the above- described property. Interested parties may appear to be heard or file written notice of approval or objections with the Planning Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Additional information, including the Development Agreement, is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562-4567. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. To learn more about presenting to Clearwater boards and City Council, go to http://clearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 05/07/09 F LD2009-03013/ DVA2008-00001 35 110 DEVON DR LLC BADERTSCHER, JAMES R BASKIN, H H EST 2120 RANGE RD BADERTSCHER, DARLENE J OWENS, W D EST CLEARWATER FL 33765 - 2125 121 DEVON DR 516 N FT HARRISON AVE CLEARWATER FL 33767 - 2439 CLEARWATER FL 33755 - 3905 CHRISTMAN, KENNETH R SR CRYSTAL BEACH CAPITAL LLC CUSTER, GERALD CHRISTMAN, LINDA J 101 E KENNEDY BLVD STE 2125 2152 LONG BOW LN 225 CORONADO DR TAMPA FL 33602 - 5189 CLEARWATER FL 33764 - 6414 CLEARWATER FL 33767 - 2431 DECADE COMPANIES INCOME PROPER DENELL, MARGARET M GONATOS-FELLIOS, MARIA E N19 W24130 RIVERWOOD DR STE 10 94 DEVON DR 120 DEVON DR WAUKESHA WI 53188 - 1131 CLEARWATER FL 33767 - 2436 CLEARWATER FL 33767 - 2438 HAMODI, AHMED A K & P CLEARWATER ESTATE II LLC KEYES, JAY F THE 116 DEVON DR 5600 MARINER ST STE 227 KEYES, JANET D THE CLEARWATER FL 33767 - 2438 TAMPA FL 33609 - 3417 100 DEVON DR CLEARWATER FL 33767 - 2438 MAZUR, JAN MILO INVESTMENTS LLC PANOS, STEVE S MAZUR, JANINA 4 AMBLESIDE DR PANOS, FILITSA 216 HAMDEN DR BELLEAIR FL 33756 - 1910 109 DEVON DR CLEARWATER FL 33767 - 2446 CLEARWATER FL 33767 - 2439 PAPPAS, ANASTASIA QUINN, ANN E RUDMAN, MIRKO PAPPAS, TOM 225 HAMDEN DR RUDMAN, ANKA 115 DEVON DR CLEARWATER FL 33767 - 2497 217 CORONADO DR CLEARWATER FL 33767 - 2439 CLEARWATER FL 33767 - 2431 SEA CAPTAIN TRACEY, CHRISTINA M TROPICANA RESORT LAND TRUST 526 BELLE ISLE 207 CORONADO DR 300 HAMDEN DR BELLEAIR BEACH FL 33786 - 3612 CLEARWATER FL 33767 - 2431 CLEARWATER FL 33767 - 2448 WANIO, TATIANA A 14 GRENVIEW BLVD N TORONTO, ONTARIO M08X 2K1 00001- CANADA PETITION to City Council, Clearwater FL Meeting Date: August 6, 2009, 6:00 PM IZfcEivtD AUG 0 6 209 OFFICIAL RfC0RbSIF lJ jb LEGISLATIVE SRVCS DF?= PURPOSE: To bring awareness to the members of the Clearwater City Council as to the potential loss of safety and ambiance to the public, residents and tourists of Clearwater Beach, FL. WE OPPOSE: Non-compliance with prevailing setbacks for the construction of the` a hotel planned for the Northwest corner of Devon and Coronado Drives; Loss of "GREEN" space; Loss of adequate `walkways' potentially making sidewalks in`-and around this proposed building unsafe for pedestrian usage. , WE, the undersigned, PROPOSE: Send building plan(S) and any and all related documents back to the Planning Committee for reconsideration and redress of these issues. Respectfully submitted by: NAME ADDRESS SIGNATURE • • Respectfully submitted by: ?Je?!j cc, /?aSel? `3 -2-4 V ?ci4r,,r d /tnJe/Sole Lv?aV ?/Lnir JAAAQ I10f)_S. A. r?Y I, THE UNDERSIGNED, HAVE READ AND FULLY UNDERSTAND PAGE 1 OF THIS PETITION TO CLEARWATER CITY COUNCIL: NAME ADDRESS SIGNATURE v 1530 LIMwo d V-0w q 6& i Le \ca 4 1530 L/ Wccr w 1 & 14.1 ='"II ??.b ?STSJ{?RE b2 ?u? S7?ti T'?l cleat ,11 -t T C i-(Ai T G 1E W L- 331$ it -11s E In1A OR. Z6 19} /C,1()- A/44 4 3 3 7 7 .e !(rze _. .z e 5-0 51 a e. v - f. I w? OM 44 pope mmmop fou- ne ha traM lwdnl ?r PAM-G-BE ADER -&-gR?.xK?DE tL J om Pool ra tt* t tr t *.VA .sa..t,da traw.rnawr favor f d e 79, r.: ??er roar vs«? :.,.r t?tct to'o'-)??+ ./" t? Extav ndert._ wcAnaN °---,., i l dr( OF d.L#ItMARit'•? t ?y D XJ N-. f SM ?ytCt4tlECStRrAt t4arm stet ven . . atKar ?aaerr t/n aroPS ?rrnvr r ANN" • .a' Y ffet 4 MmMR !1 WRf aM?llR/1 (a•'tt1 1 +.(lt1 +ttor. ?oP eltim r.w ? MT+C, et reu w!a?ffa !-?' bPlf?w W laflwt rwr ,aeL 1 -?rnt-11?.? raa t fYpra YdtF TYP£ Y } } - t? ? r ? QltlB PER d;n' _ r w+???! - ? tttdJt ?? aM.aR-gyp :.?? `? TAMR wL? lf? t • fr a r 1 SSk....-? s?,?vr a _ ow. sa fllr= I R WA t ) b 207[ MAX 01f2%'3 y10AExTfP'.1 nMDt 1 = aft CORONA D D D 1P / V E M 'd pit- f (t5f A*0011) ? - ar NOR N?1b s? -+- a: r f+wl ww1 - ke 6, O W i t •IS ifs /P P+JI Q 1lPM} ?wf' { AO w 2a AM/f+a.d 4 Ifa A w ?1 aP+r.aA 0 0 Wells, Wayne From: Delk, Michael Sent: Thursday, August 06, 2009 1:41 PM To: Wells, Wayne Subject: FW: Petition - 8/6/09 Council Meeting From: Goudeau, Cyndie Sent: Thursday, August 06, 2009 1:38 PM To: City Council Cc: Horne, William; Akin, Pam; Silverboard, Jill; Irwin, Rod; Delk, Michael Subject: FW: Petition - 8/6/09 Council Meeting Mayor and Councilmembers - attached is a petition in opposition to hotel proposed for the Northwest corner of Devon and Coronado Drives. I will have the original with me at tonight's meeting. - Cyndie From: LaCosse, Judith Sent: Thursday, August 06, 2009 12:19 PM To: Goudeau,-_Cyndie_._. _ Subject: Petition.--8/6/09 Council`Meeting Cyndie, Here's a copy of tfie:'petitio`n"handed in this morning for tonight's meeting (Item 7.1). Petition - )6_09 Council Judith LaCosse StaffAssistant City of Clearwater Official Records & Legislative Services 727-562-4093 0 0 1 - i U G i , • ~,i 0' f0' 20' 40' SCALE 1" = 20' LEGEND: (D) _ Description Data (P) = Plat Data 03 ~ y. g?a 3~ X63 3•~ X63 31 (M) _ Measured Data 4~ k j,1y }15 319 S.LR. Set 5/8" Iron Rad & LB 3868 Cap N0 1•D. = No Identification X64 ~ 3T Sonitar Sex BLDG. Building Sanitary~Sewer C/0 = Cleanout yl Manhole B5' top e% 3. Manhole Conc. = Concrete top e% 3.45 ~ n. inu. _ n. inu. . _ -O.iS c.l.p. _ Concrete Ilght pole e. inu. e = >.0 4B1 4.3' c w, inu. _ 0 e. inu. e = -0.23 DIA. = Diameter w, inu. . _ -0.15 e.b. = Electric Box p ~ 1 4 n, w. inw. e% o X14 12 n, w. inu. el. _ -0.03 EL. Elevation ~3 x,12 329 0/A T = Olverall ~ ~ ' 3.23 3 0 0 2 STGWY MASCYVRY 3 h i SE'A CAPTAIN RESAPT ~ ~ LW THE BAY,/40 ~ F.H. = Fire Hydrant •~71 m ~ ` ; finished floor pewtim = 522 h ~ c ~ o ii ` +r/,p F.P.K. = Found Parker Kalon Nail F.LR. = Found Iron Rod o •43, I ~ g.a. = Guy Anchor Flood Zone !/E' ~ 4. m ss Flood d (EL. 13~ o ~ Zone AE Flood Zone AE ~ GI = Grate Inlet a mas• = masonry . c ~ s5' ~ (EL• 12) EL 11 o s ~ ~ o rw amr 18 : 7S ~ ~ I o ~ o Ih MH = Manhole , o ~ 8 3 yt yl0 a9/ %t a ~ 18~ 3• „ sk xra,.A S7' ; N h flw toner fdb 5 yt ° ~~61 ~ 0/A _ Overall y~ 316 3~ o.h.u,l. = overhead utility lines 6' wood > :'607 21,77' i ui y 482 4y4 ~t~ oI Q~e , 6 do cloy REC• WM. = Reclaimed Water Meter s w fence . > ~ S concrete walk concrefe walk 2&6' ~ (3J W.6M. s y10 ,~78 / •s 8' mason wall , 10 8' masmry wall X21 ,9qy 39 82, c o•h ~ 8 masanr wallf~ 39 6 67,E cia °.h I R/W = Right-af-way • ot~rgrown 76108' , r,r~ 34J C ~t 6 2) SAN = Sanitary 3'~ (C 3.1t S.LR. _ -Set 5/8" Iran Rod & Cap No, LB36fi8 893 t w Set 2AY,F ~A7' {h landscape i N05d2d0C i(Ol p' y. p,. k, 11 exoti 3 d / "~""'r • area 7s01, N057928'~'(Mf srt ~y„„ .100.00; SGt532JO7Y D ru ~ wba U.P• 4.03 w/ ,y i , , (1 a (C:arrr rr' S.P.K. = Set Parker Kalon nail & Disc #3141 100.00, 505792871' M 9 r' I LE.C.O. _ Tampa Electric Company Iwo// was k ~ p~~~a~ yl~ Set dAYd• IQAO' SP.A: 2A0'fi ~RAO 4,92 ~i~y 4.14 ~ ~ Nnnea Gbarere Canes ^ I~ u (tyP•) = Typical t.s.b. = traffic signal box A~ ry 5. w{ ~ r ,gyp ~ brk. P~ 6y ,4 ~ \ u U.P. = Utility Pole aci ~ '4 j y~464 ~ ~ a o II, 0 , WM. = Water Meter 0 o - ~ ~~e y 42 46 65 ~m ~3 y ° ~ 84 f WV. = Water Valve o ~,a k k k `r ~ 3~ ~ ~ ~ ~ \ 3~Q ~8/ S~W Denotes Existing Elevation Tap of Seawall III + a drain W ~ o ~ t a l.73 i 3 a 1a O1 ~ ~ J,,~9 35 +3a5 W/d Denotes Existing Elevation Top of Waod Dock D 4.65d~~ ~ ~ ~ y 'r hti ~ a " p~ ~ ~ 1 a "r 0 0 0 l~ II Q o ~ a A' ,W S 0 ~ ~ ~ ~ o o Flood Zone AE c Z ~ ~Q ~ o ~ ~E ~W d~ Z ~ 917 t~W .Denotes Existing Elevation Top of Masonry Wall II ~ ; ~ ' 214 ~ b ~ m „ 4.~ . ~ ~ ~ oin 3 ~ PART Of WATER LOT 1 h•9 ~,1 o k 48 ~ h ~ , Q ~ 2 Q p ~ ~ ti w 4,3 3 B Q ¢51 ~ c k a k ~ W x, I 4,Q~3B~~ tV yl 3.14 ~ 5,10 ~ H Existing Hofel lmproveme is g o ~ f ~1 \ V• 4,69 0 ~ ~ ~ o u 6~ o~ f; o Not Located g g~ I a o i k I O ~ 0 e ~ , 5~ . ~ ~1pad Zone AE °e. C a o e ~ ~ oy; 46I y, y I (EL. 12~ storm manhole ~ ~ ~5 • ~ ! 4,59 4'~ Mosaniy ~ ~ top el. = 3,55 p1 I ~ 8 n., s. inw, el. , ~ 4la b 4y - 0.31 ®bot ~ Point of Commencment i 18~, top 8" di.p. - D.J7 k'2 ~ 3~ 0 ~ ~ .zs ~ LEGAL DESCRIPI/ON.• Temporary Bench Mork pti k Pk Noil El. = 3. b' Southwest Corner I S0532'30eW 0 95 ( 413 ~9 `ti ~ 3•~ .3zs Begin at the Southwest comer of Water Lot 1, CITY PARK SUBDIVISION, t w 4.95 Water Lot 1 11823 26 0 g,66 / o Flood Zone l/E ~~a o according to mop. or plat thereof os recorded in Plot Book 23, Page 37, of fhe S057351'W (A/ FH ~ (EL. 13) GAS METER & WV. c {BEST BOUNDARY WATER LOT 1 ,[7312' palm o 6 storm manhole o, 'C a~ Public Records _of Pinellas County, Florida; -run (hence ,West o%ng the. East-West c , Center Line of .Section 8, .Township 29 South, Range 15 East, 15 feet to the gRe ~ 4. top e% = 3.74 4.21 o L CfTY PARK ~ CITY PARK SUBDINSION (PER PLAT) ` _ inv. e% ~ ai o POINT OF BEGINiV/NG,• thence Soufh 532'30" West along East. right-of-way line 3,65 3 ' 15' PARR (PER AT) ~ i p Poht of Beghning n„ s. .REC. ~ .71 y. crass Dt~IStON PL i G~ 0~ > -0.42 ss. UB ~ , 2)d i1M C S lU'1,00, 5053230 W D fP.fw ~r ~ 37 , of Coronado ;Dri?e 111.26 feet; thence South 842730° East, 100 feef,• thence 3 wood dock •fjjs 4"x5' 82.63' , • walk REC. l4N 1 SP.A: tar . (I ~ I~ ~ c, .p V e1s/w ~ 0 , S016y00Y1 W (D) sign µM o WM.'s "i A ~ •~0, 5057351 W (M) .I6 393 3,5 ~ 23 V ~ North 532'3G!" East, 78.06 feet; thence,Northwesterly along existing concrete ~3 3e seawall 11,E 38 feet, more or less; (hence South. 670'00" West,. 82. (i3 feet; seow palms 82,80; 50878'487Y °O a 3 15' PARK PER CITY PARK (MI 4.~ ~ ? a (hence. South 475'11" Eost, 25.74 feet to fhe Point of Beginning. SUBD ( S~ Ls.b. /fjy ~1/~ c o n s •4a• w a l k c.l.. SP.K C 0 i faWndMAC / canc. walk P ts.b. INSI~PLATJ o.lp. ~ mw Lsb~- 15 r, c.. P c, ~3n'aNoA~ b3 ~ "rc. 26- 15°r.c.p. h h e.b. ~ ~~s "r .33 w o~ 1 15" r.c.p. 3.~ 2' conc. curb 1, ~ 9 palm in 2' conc. curb 11"palm in storm a & gutter >1~ , ~'117Y (nI ~ planter & gutter planfer curb Inlet AND.• 91 t~ 2574. ~ 487Y (N) ; Poht of BeglrmA~g ~ w 3 3~5 EAST BOUNDARY CORONADO DRItrF ~ h ' $04'Or i 19f Des Temporary Bench Mork m o ~ to CITY PARK SUBOll45Y0N (PER PLAT) 25`74 ' k Noil & D/sc El. = 390 E; ~ WK's storm manhole electric ? m ~ wv 315 t1 p°`t~ ~t< Beco/ rded n Plat Book 23,oPogeo37, Publ coRecords / of Phe~ s CoDMS/OFlor do• y , top el. = 3.90 manhole ~ ti S. mv. eL = -zoD Centerline of Pavement C 0 R 0 N A D 0 D R/ V _ e t°F and run (hence West along fhe East. and West Cenfer Line of Section. 8, e%ctiic ® Township 29 Soo+th, Range 15 East, 15 feet to the Easterly dine of Coronado 1. = 0.40' ' E o winu.e 2 e. inu. e% _ -2.10 X18 416 24 38 4.36 ~ 6,29 419 q,0y 392 3g6 98 n manho% taE , a ~g8 un Drive; thence South 53230 West, 16.26 feet, for the POINT OF BEGINNING 463 41 - - - 4 - - ~ - -~f - ~ f'__ - - - - - - - thence continueSouth 532'30" West, 100 feet to the Northerly line of Firsf ~ o storm monhi k ~ Ri ht-of-wa ~ar~es 45' tap e, = 3, 9 y ( Asphalt) storm manhole tap el = 348 Avenue; thence'South 842730" Eosf, 100 feet along the Northerly line of First ~ n., s, inu. el - , S. inx e~ Avenue; thenceNorth 532'30p Eosf, 100 feet; (hence North 842730'" West, ®hof• _ -o.3a 100 feet to the Point of Beginning. ~ ms's ~1p~ top 6' metal d' ~ unknown el. c~~~ top 8' metal pipe unknown el. = 1.59 ~ tsP i 10" d.i~ ~ _ 8" d.il 8" d.ip, 1~ f0" dip. f0" d~ ' 6~- _ 510 _ 29 21 ~'1ry 83'~'~ 13 413 4~ 99 ~ b 4. 8 6" conc. curb 4. 3 3.68 4. 6 3,86 2' cane curb d ~ storm ' 0^ & utter ~ H concrete walk • h 9 storm a H ; curb inlet conc. Sanitary Sewer manho% ' y Sewer b 2 conc. curb { Manho% = 375 Q ~ & gutter ~ tap el. = 375 To? r\ , n. inw. el, 0.44 ~ ^ i s inw. el, = 0.48 el, = 0.44 el, = 0.48 1~ i e. ins e% = 0.29 e% = 0.79 e% = 0.73 3 concrete walk i w. inue%=0.73 s.s.e. inu e% = 0.49 7ue%=0.49 96 1 storm .2y ~ curb inlet Sanitary Sewer Manho% ' fope%=3.81 ~ n. inw. e% = 0.33 ~ 10 sinw.el.=O32 w, inw. e% = 0,76 ' d64 ~ i i NOTES: L Legal description. provided by .client, in deeds recorded in O.R. Book 16270, pages 2675-2680. 2 Bearings shown hereon are based on the North- monumented right-of-way line of Devon Drive., said line bears, S84'30'12"W, ASSUMED. ~_,e... 3. Per the National Flood Insurance Rate Map, City of Clearwater sra o ,Pinellas County, Florida Community Panel Number 125096 0102 G ~ ~ ®h~q map effective date Sept: 3, 2003• The subject property lies in Flood Zones P~ ~ VE EI. 13, AE EL 12 and AE EI. 11 as shown hereon scaled from Flood Zone ma . ~ C 4. Elevations shown hereon are based on Clearwater Benchi Mark Na 267A p ~ ~ O f~ ~ ~r i having an elevation of 4.7495 North American Vertical Datum of 1988• ~'L ~ ~ Located at Clearwater Beach Post office. See drawing for Onsite bench marks. 5. No underground foundations, such as footers, basements or other underground supporting features have been located. No underground utilities have been located. 6. !Mills & Associates, -Inc. makes no representations or guaran- tees pertaining to .easements, rights of way, set back lines, 'reservations, agreements and other similar matters. F~E~/I~ION~ FOR BY DATE DESCRIPTION BY DATE DESCRIPTION SURVEYORS CERTIFICATE PROJECT SHEET This certifies that o sur~y of the hereon described an , DRWN BY: RFS DATE10 28 08 Property was made undp,~ my';~up~rvision and 101 AN0 105 CORONADD ORl!/E 1 2 RFS 12/t5/oa Add Boundary Survey CONSULTING ENGINEERS & LAND SURVEYORS meets the.Minimum _Te ,~v,~ ndafds: set CLEARWA TER FLOR/DA of ors - - - - - - - - - ncr_nl av. nnTr forth by the Florid; ~b.oFL,q~d,Srlrveyprs , , nfa /au/uy RCVIyC(] 1 """1 10 LJ i in Chapter 61 C 17,E ''iida' r%a?co~~ 3242 HENDERSON BOULEVARD SUITE 300 pursuant to Secdon TOPOGRAPHIC & TREE SURVEY 7, F/orr¢o,~'fp~fites` CHKD BY: " LEM DATE10/28/0 8 DATE Of FIELD SURVEY 10-28-08 JOB NO. TAMPA, FLORIDA 33609-3056 TELEPHONE: 813 876-5869 SCALE: 1 = 20 E• BOUNDARY SURVEY "Not valid without the signature and the original P.E. Nit 223 ! e~ No ~8 'a DATE Of RELD SURVEY 12-04-08 08-001,051 raised seal of a Florida licensed surveyor and mapper. ° P.L.S. ND 31 Lrv ~16G1t366 ~ STATE F; L'OR,~?As'~ . 's~.; 0' 10' 20' 40' SCALE 1" = 20' LEGEND, (D) = Description Data (P) = Plot Data (M) = Measured Data S.LR. = Set 5/8" Iron Rad & LB 3868 Cap 80; 5552'30'W (PJ i NO LD. _ Na Identification . BLDG. = Building I i I C/0 = Clecnout Dona. = Concrete I i c.l.p• = Concrete light pale i I DIA. = Diameter e,b. _ .Electric Box I I RAD/US = 70' (PJ ~ EL. Elevation ARC = 109.95' (PJ CHORD = 9899' (PJ I ELECT. = Electric 0/A = Overall , ~ CNORD BEARING = j a6 53977;T0'E' j F.H. = Fire Hydrant i i , I / I F.P.K. = Found Parker Kalon Nail i i. F.I,R. = Found Iron Rod . g.a. = Guy Anchor I I GI = Grate Inlet I I ! ~ mos. = masonry MH = Manhole 16 1• I I ( 0/A _ Overall / ~ o.h.u.l. = overhead utility lines 3•qy% i NOT /NCLUDED REC, WM. = Reclaimed Water Meter. R/W = Right-of-way , Temporary Bench Mark P A B L 0 C K LB T 1 ~ Pk Noil & Disc El. = 3.48 SAN = Sanitary 3a3y y63 3~ ~ aA~ as .i1 sa ~ o I ~,1 3!9 o i a' ka a• k' a6 .~26 P.m. 5 a S.LR. Set 5/8" Iron Rad & Cap No. LB3868 S•P.K. = Set Parker Kalan nail & D1sc X3141 o ' x X 475 n 5• I W ~ I T.E.C.O. = Tampa Electric Company Sanitar Sewer ~ ~ i y~ ~ e I 10" palm ~ (tYP•) = Typical Manhole • \ , sv fop el. 3.45 ~ ° I ° i m ~ ~y t•s.b. = traffic signal box U.P. = Utility Pale n. inu . _ -0.15 ~ o , p.m. i o e• inu e = -0.23 ° ~ i ASPHALT i WM. = Water Meter w• inv. _ -0.15 $ ~ i PARNINC t0T s s~ c.Gp. ~ ~ n.w. inu. e% _ -0.03 m I 6 a WV. = Water Valve 12 y9 0 X66 '4'r e.b. ~ 3.2 3 JZg ~ ~ c./.p, a61 I.BA/ a Bi"No9' p1 i 10"palm ~6TI' ph ~ A. I ~ ~ conc. I ~ I 3 ; 12"palm I 4 a63 ~ ;i.uc•b. & a y'~y9 6.61 8° canc. curb 5~1~ 5~j5 .29 a ~ ;control post ,m. o o .m. y ~1y c o ~ ~ o12"palm a P o oLP• P ,P.m. ~p.m. ~ I I No 6a ^ 361 a6 f.19 i tele. 9"palm 11"Palm e.b. 10"palm 10"palm f0~palmp U.P.' gq6 3, I x o.h.ul. a1 U.P. stp ~ 3a 3.16 e• a 'M 98 cloy • e.b. 3tlt 's B' drain link /ence i 0 0 ~ w.~p' o b' i 36 2) W.M.'s WV. 1GClA7, S6tf~911' I.7 ro~ a4J ~ ~1~ • I ~ ~ ~ I 5g ~ ,v i "r "r~ ° c ° 8 _ _ ~ c ' _ a ~ O ~ ~ e v I h b I ~ ~ ~ ~ i ~ 36a Q 4.4 ~ p ~ ~ ,~39 J56 ~ 1 1 ~,~6ti 0 ~ ~ b 1 Stay ~ ~ ~ o Mosonr Z~ 4. ~ ~ 07y NOR1H l00 Of 1HE NEST 110 r ~ A~ LOT 1 BLOLYI B ~ LEGAL DESCRIPTION., 6 Q ~ ~ I Q 562 3 41 Existing Construction Trailers For Nearby Project, Nat Located $ The North 100 feet of the West 110 feet of Lot 1, Block B COLUMBIA SUBDl~1S/ON according to the mop or plat thereof ~V ~ J1< r m ci I ~ ~ I os recorded in Plot Book 23, Page 60 Public Records of Pinellas. Q~ ~ ~ u w I u h ~ NOT INCLUDED I ~ u PART OE LOT 1 County, Florida. Y" ~ 4.6 BLOCK B I i C ;C~ 381 ~ o V1 ~ ~ 3 ' r ~ d !/rz , o u Cbl. ~ I ~ d4 ult e I ~ ~0 ,376 ~ ~ 38a Jg rr•~ 39 y~ J5 ~ can . 4.1 tz0' ~ ~3 1qb p ~ lion 4.5 ~ pa I ° .C ~6 4, i a1 ~ L ~ 41 D a16 box. Temporary Bench Mork ,41 d7 ~Lp• ~ Pk Nail & Disc El. = 4.10 £s ~ ~o fAaA9, ~ ioP asphalt ~ 3.8 396 ~k 1 ~0.l3"E(M) ~Io parking area 9 V 13 3 3' b6 a6 a a•~ i7 f.Px 6 f.Px Bdc SM .JO 4l Ads ~ 4.72 A ite dvf! a•36 a•~ 6,39 , r•c•p• 'r 4.19 4.5J 150; 5532;to"w (PJ concrete w o l k 15 'h• ts~• c~ n c r e t e w 9ql k a, o Ip• 'r 6 3• a' y a• e.b. a•y°1 a•~°q a31q X33 •g p,7 ,a l~ 4 11"palm in 2' conc. curb & gutter o c y ~ 1oP ° storm plonte( ~ o }1 b f1~ ~ 3 curb inlet E ~ WV's 1 storm manhole 4y top e% = 4_18 • e~ ~ tope%=4.10 ~ c w. inu el.-0.12 n., s inv. e% `0 ~ n. inv. el. = 0.08 NOTES:: eleafr,•a ®bat. = 0.03 Centerline of Pavement C 0 R 0 N A D 0 D manhde R l V E L Legal description provided by client, in deed recorded in O.R. Book 16270, I qy -fop 8" p. v.c. pipe 1q a~ a _ 3• unknown e% 0.80 a• a. k6 kyl a66 X16 page 2683. storm monk hole- - - - - - - • 2. Bearings shown hereon are based on the South monumented right-af-way line I top e% = J48 4 Ri ht-of- , Sanitary Sewer n., s inu• el. d q way Varies (45 Asphalt) Manhole of Devon Drive.,. said line bears. 584'30'12"W, ASSUMED, 0~ ®boE _ -0.30 fop el = 4_59 \ top 8"metal pipe ~ n. inu. el• - 1.18 a. ° unknown e% = 1.59 s• inu. el = 1.21 ~ e• inv. el. _ l,34 ° 3: Per the National Flood Insurance Rate Map, City of Clearwater ^r Pinellas County, Florida Community Panel Number 125096 0102 G 8" d.i.. m - -P - -p - w. inv. el. = L24 8" d.ip. map effective date Sept• 3, 2003• The subject property lies in 86 q3 d6 CI 1 3 5• a' 1 4.04 h51'h a8~ e" conc. curb ado 46a 86 fiq a Flood Zane AE EL 11 ~ t ~ ~ storm 6 a abyl 4. Elevations shown hereon are based. on Clearwater Bench Mark No. 267A a t,a Sanitary Sewer curb inlet ~ II Vonhole having an elevation of 4.7495 North American ,Vertical Datum of 1988. t U Located at Clearwater Beach Post office. ',See drawing for Onsite bench marks. - _ 'op e% _ .~75 5. 'No underground foundations, such as footers, basements or ~ ~ ~ ~ ~ ~ -other underground supporting features have .been located. No underground utilities have been located, 6. Mills & Associates, Inc. makes. no representations or guaran- tees pertaining to easements, rights of way, set back lines, reservations, agreements and other similar matters. R E I~ I O ICI ~ FOR SURl~EYORS CERTIFICATE ~ PROJECT SHEET A?is certifies that o survr~d>v'~alhe ~~ie'iEort described BY DATE DESCRIPTION BY DATE DESCRIPTION DRWN BY: RFS DATE10 28 OS Property was made ~~id ~?~(~S fr~a4n s t SOUTHEAST CORNER CORONADD an RFS 12/15/08 Add Boundary Survey CONSULTING ENGINEERS & LAND SURVEYORS meets the Minim 4~ T~~n~ ~r a~ ~ ~ DR/I/E DEI/ON STREET 2 of 2 ncr_ni Q V. n n Tr forth by the Flor'o 8dar, IEO~~ $d~'v~rorS ~ ^ ~ ~ ~ ~ ~ ~ r~~ i-~ n n ~ n ~ Chapter 6l G 17~ Ibtida dministrotv'Cd ULtHKfNH /t K, fLUff/UH 3242 HENDERSON BOULEVARD * SUITE 300 CHKD BY: LEM 10 28L 08 ursuant to t' ~ 47~' 7,,lorida{~S',tatu,&s, ` DATE ° TOPOGRAPHIC & TREE SURVEY TAMPA FLORIDA 33609-3056 JOB NO. TELEPHONE: 813 876-5869 SCALE: V= 20 DATE OF FIELD SURVEY 10-28-08 AWR NCE LLS, BOUNDARY SURVEY 08-001051 '"Not valid without the signature and the original P.E. NO. 22324 • WG113~bb DATE OF F/ELD SURI2~Y 12-04-08 raised seal of a Florida licensed surve}vr and mapper." P.L.S. NO. 3141 ~ . ~*MsI STA E OFD F ~1,AA- ^4,,~"