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DVA2007-00001
DVA2007-00001 301 S GULFVIEW BLVD RYSTAL BEACH CAPITAL, LL • PLANNER OF RECORD: WW ATLAS # UNK ZONING: T LAND USE: RFH RECEIVED: 01/03/2007 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC : CDB: CLW CoverSheet ? r Planning Department 100 S Myrde Avenue l arwoater, Florida 33756 o Clearwatff C Telephone: 727-5624567 Fax: 727562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ? SUBMIT APPLICATION FEE $ 5 0 0. 0 0 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 05/22/02) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Cry.,; a- ° Bea nh Caz i t a 1 , T T C MAILINGADDRESS: 101 E. Kennedy Blvd., Suite 2125, Tampa, FL 33602 PHONE NUMBER: 8.13-226-9897 FAX NUMBER: 813-226-8747 CELL NUMBER: EMAILADDRESS: neil@n]rdevelopment.com PROPERTY OWNER(S): Crystal Beach Capital, LLC (Must include ALL owners) AGENT NAME: Stephen J. Szabo, III MAILINGADDRESS: 100 N. Tampa Street, Suite 2700, Tampa, FL 33602 PHONE NUMBER: 813-225-4193 FAX NUMBER: 813-221-4210 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 30.1 S. Gulfview Boulevard LEGAL DESCRIPTION: See Exhibit A attached hereto. PARCEL NUMBER: 07/29/15/52380/000/0570; 07/29/15/52380/000/0580; and 1.56 acres 07/29/15/52380/000/1050 PARCEL SIZE: (acres, square feet) PROPOSED USE AND SIZE: 250 condo hotel units and 18 condominium units (number of dwelling units, hotel rooms or square footage of nonresidential use) Note that acreage of land decreased after 10' of road for Coronado was ee e to City. DESCRIPTION OF ANY RELATED REQUEST(S): Proposed Second Amendment to Second Amended and Restated Development Agreement dated December 10, 2004, as recorde (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) in O.R. Book 13996, Page 2409. 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) Page 1 of 5 - Development Agreement Application - City of Clearwater H 02 m6 00 C c ,?I C= O C:2 m B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): ? 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 DEVELOP PROPOSAL WERE TO BE APPROVED; ? ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ? COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4-202.A) ? SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G) ? Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of 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; I date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities a services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. T 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 t estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servic required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complet 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 coi 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 heal safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relie 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 commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futt development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of t developer to comply with any such deadline. L A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure t , 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 a e specifically anticipated in the development agreement. n OZ Z m r-0 Page 2 of 5 -Development Agreement Application -City of Clearwater -pi ns r?r m M4 m0 ao E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SIGNED AND SEALED SURVEY (including legal description of property) -One original and 12 copies; ? COPY OF RECORDED PLAT, as applicable; ? PRELIMINARY PLAT, as required; ? LOCATION MAP OF THE PROPERTY. ? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines.) ? 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; - 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 refuse collection facilities and all required screening (min. 10'x12' clear space); - Location of all landscape material; - Location of all onsite and offsite storm-water management facilities; - Location of all outdoor lighting fixtures; and - Location of all existing and proposed sidewalks. ? SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: - Land area in square feet and acres; - Number of dwelling units proposed; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8'/ 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 greater, reflecting size, canopy (drip lines) and condition of such trees. ORIGINAL RECEIVED FEB 02 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Page 3 of 5 - Development Agreement Application - City of Clearwater • 0 G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; 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 '/: 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'/z X 11) (black and white and color rendering, if possible) as required. I. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 %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 STATE OF FLORIDA, COUNTY OF PINELLAS application are true ain d accurate to the best of my knowledge and om 6 and subscribed befor? a this day of authorize City rep ntatives to visit a photograph the property A.D. 20 to me and/or by described in this ap I tion. Neil auen orst who is personally known has CRYSTAL BE H CA IT L produced Cbr•yers W_ems'x, as By: NJR lopi> nt, LLC i s sole manaGation. I I k II t Signature of p erty owner or pres ntative Notary pub ic, My commission expires: Tl 2-31 zo i 0 ORIGINAL Notary Public state of R RECEIVED p Natalie Gomez FEB 02 2007 °?" ?Xpires o?izsi2o?o Page 4 of 5 - Development Agreeme I Application - City of Clearwater PLANNING DEPAr?IIJIENII CITY OF CLEARWATrQ 9 0 1A,*l L. AFFIDAVIT TO AUTHORIZE AGENT: Capital Beach Capital rrr (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): See Exhibit A attached hereto. 2. That this property constitutes the property for which a request for a: (describe request) Amendment to Development Agreement 3. That the undersigned (has/have) appointed and (does/do) appoint: Stenhen a S-Zaho, rT T nf Fn 1 t-y Lardner LL'F 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 process this application and the owner authorizes City representatives to visit and photograph the property described in this application; CRYSTAL- BEACH. CAPITAL f LLC 6. That (1/we), the unders' ned authority, hereby certify that t e foregoing is true and correctB s NJR Development, LLC its sole manager Property Owner Property Owner STA E OF FLORIDA, COUNTY OF PINE, S Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of r , 20-01f personally appeared Np i• 1 1 i e.thnr. S,+ who having been first duly sworn Deposes and says that he she fully understands the contents of the affidavit that he/she signed. *( Notory put Of Florida Notary Public My Commission Expires: Natalie Gomez ?123f ?,c' U Q My Commission DD576921 OF?° Ex ires07/23/2010 S:IPlanning DepartmentlApplication Formsldevelopment revievAdeve/opment agreement application3.doc ORIGINAL RECEIVED FEB 0 2 2007 PLANNING UEI'ARINIENT CITY OF CLEARWATER Page 5 of 5 - Development Agreement Application - City of Clearwater Exhibit A LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 29, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 57, LOT 104, THE SOUTH 20.00 FEET OF LOT 56, AND THE SOUTH 20.00 FEET OF LOT 103, OF THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH LOT 105, LOT 106, AND THE NORTH HALF OF LOT 107, OF THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH LOT 58 AND 59, OF THE LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF THIRD AVENUE A 60.00 FOOT RIGHT- OF-WAY TO BE VACATED. BEING BOUNDED ON THE EAST BY THE WEST RIGHT-OF-WAY LINE OF CORONADO DRIVE, AND ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF GULF VIEW BOULEVARD, ON THE NORTH BY THE SOUTH PROPERTY LINE OF LOT 57 AND LOT 104, AND THE SOUTH BY THE NORTH PROPERTY LINE OF LOT 58 AND LOT 105. TOGETHER WITH THE EAST 35.00 FEET OF A 70.00 FOOT RIGHT-OF-WAY OF GULF VIEW BOULEVARD TO BE VACATED; BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF A LINE LYING 20 FEET NORTH OF AND PARALLEL WITH THE NORTH PROPERTY LINE OF LOTS 57 AND 104, AND ON THE SOUTH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 59. LESS AND EXCEPT THE EAST 10.00 FEET THEREOF. CONTAINING 1.563 ACRES, MORE OR LESS. ? W 2!Z OR BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: j - COMMENCE THE THE NORTHEAST CORNER OF THE SOUTH 20 00 u . FEET OF J LOT 103, OF LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT I U o a O 0 BOOK 13, PAGE 12, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, °? W FLORIDA, A FOUND PK NAIL AND DISC L.B. 2610; THENCE, N.83°54'57"W., a, ALONG THE NORTH BOUNDARY OF THE SOUTH 20.00 FEET OF SAID LOT 0 0 103, 10.00 FEET TO THE POINT OF BEGINNING, A FOUND 1/2" CAPPED IRON ROD L.B. 4513; THENCE S.06°05'03"W., 105.06 FEET TO A FOUND 1/2" CAPPED IRON ROD L.B. 4513, ALSO BEING A POINT OF CURVATURE OF A CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 6,227.52 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT, 199.76 FEET THROUGH A CENTRAL, ANGLE OF 1°50'27" (CHORD 199.75 FEET, BEARING S.07-00,17"w), TO A FOUND 1/2" CAPPED IRON ROD L.B. 4513; THENCE NON-TANGENT FROM SAID CURVE, N.81059'43"W., 90.18 FEET TO A FOUND 5/8" CAPPED IRON ROD L.B. 3889, ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 6,127.52 FEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, 18.89 FEET THROUGH A CENTRAL ANGLE OF 00°10'36" (CHORD 18.89 FEET, BEARING N.08053'38"E.) TO A FOUND 4"X4" CONCRETE MONUMENT; THENCE NON-TANGENT FROM SAID CURVE, N.82015'44"W., 145.16 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 5,982.52 FEET, SAID POINT BEING A FOUND PK NAIL & DISC L.B. 2610; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT, 173.68 FEET THROUGH A CENTRAL. ANGLE OF 01 °39'48" (CHORD 173.67 FEET, BEARING N.06054'57"E.) TO A FOUND PK NAIL & DISC L.B. 2610, ALSO BEING THE POINT OF TANGENCY; THENCE N.06005'03"E., 105.06 FEET TO A FOUND PK NAIL & DISC L.B. 2610, SAID POINT BEING ON THE NORTH BOUNDARY OF THE SOUTH 20.00 FEET OF LOTS 103 AND 56 EXTENDED; THENCE ALONG SAID NORTH BOUNDARY, S.83054'57"E., 235.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.563 ACRES, MORE OR LESS. 5? N o' W W © Z o W ?? U- ZC PREPARED BY AND WHEN RECORDED RETURN TO: Stephen J. Szabo, Esquire Foley & Lardner LLP 100 N. Tampa Street, Suite 2700 Tampa, Florida 33602 • SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER BETWEEN THE CITY OF CLEARWATER, FLORIDA AND CRYSTAL BEACH CAPITAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY DATED AS , 2007 Fr, f C 1?-. vv. 2?Ztn/07 TAMP_514895.3 0 0, THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this _ day of , 2007 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the "Developer"). WITNESSETH WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in title, are parties to that certain Second Amended and Restated Development Agreement as recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida, as subsequently amended by that certain First Amendment to Second Amended and Restated Development Agreement dated February 1, 2006 (together, the "Development Agreement"); and WHEREAS, to insure and execute the City's goals of revitalizing Clearwater Beach in accordance with Beach By Design, the City has imposed certain restrictions upon the Developer and individual Unit Owners as detailed in the Development Agreement and the exhibits attached thereto; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Development Agreement, as more fully set forth herein below. NOW, THEREFORE, in consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Capitalized Terms. Capitalized terms not otherwise defined in this Amendment shall have the meaning ascribed to such terms in the Development Agreement. 3. Definition of Garage Access Improvements. The definition of Garage Access Improvements is amended as follows: "Garage Access Improvements" means the stairwell(s), landing(s), arcade, elevated sidewalk, and facilities to provide concessions along the western . facade of the Project (but not within the resort building) providing access to the proposed garage which garage shall include at least four hundred (400) parking spaces as a part of the Project which are to be available to the general public, as more particularly described on Exhibits H and L. The Garage Access Improvements shall be owned and maintained by the Developer in accordance with operating standards compatible with the Hotel. 4. Section 5.04 paragraph 7 is amended as follows: Concessions. The City shall grant the Developer authority to operate concessions on land to the west of the existing centerline of South Gulfview Drive, adjacent to the Project site, subject to any existing franchise or concession rights and compliance with all requirements of the City Code, and subject to a license agreement to be approved by the City, substantially TAMP_514895.3 • • in the form as Exhibit K. The license agreement shall be for a term of 50 years, commencing on the date the facilities are available for use, and be subject to a right of termination by the City for an uncured breach of a material obligation by the Developer. Such concessions may include a facility open to the public which provides towels, lockers, minimal beach sundries, and other beach gear required to operate a first-class beach hotel, but not including benches, lounges, umbrellas and side tables. The concession facility shall be no more than 1,200 square feet, MOL, be no higher than one story and shall not display the name Hyatt or.any other hotel-related mark on the structure of the facility. Additionally, the persons working within the facility shall wear no pins or other identification bearing the name Hyatt or any other hotel-related mark. Such facilities shall be constructed in the location as more particularly depicted on Exhibit H. Notwithstanding the foregoing, in regard to beach chairs, lounges, umbrellas, side tables and the level of services associated with the provision thereof ("Beach Concessions"), the City shall retain the right to utilize a concessionaire to provide said Beach Concessions. The City agrees that the City concessionaire shall offer the Beach Concessions which comply with the standards set out on Exhibit L, attached hereto and made a part hereof. If the City's franchisee fails to comply with the standards in Exhibit L Developer may send written notice to the City specifying the non-compliance, after which the City has thirty (30) days to cure said non-compliance. In the event that the non-compliance is not cured within thirty (30) days, the City agrees that the Developer may thereafter provide the Beach Concessions and shall retain all income derived therefrom. If the Developer assumes control of the Beach Concessions, Developer shall have a five year term to operate the Beach Concessions, subject to the provisions hereinbelow. The Beach Concessions may be located only on that portion of the beach directly west of the Project Site and as defined by two parallel lines running from the northern-most boundary of the project and the southern-most boundary of the project west to the mean high water mark.. Further, there shall be no indication or branding on chairs, tables, umbrellas or other similar items sold or rented from the concession facility bearing the name Hyatt or any other hotel-related mark. If the Developer assumes control of the Beach Concessions, and the City receives documented complaints that the Beach Concessions are being denied to non-hotel guests, or if Developer fails to comply with the standards set out in Exhibit L, the City may send written notice to Developer specifying the non-compliance. In the event that the non-compliance is not cured within thirty (30) days, the City may take back the Beach Concessions. 2 TAMP_514895.3 0 0 5. Section 5.04, Paragraph 11. Section 5.04, Paragraph 11 is deleted in its entirety and replaced with the following: "Garage Access Improvements. The Developer shall be responsible for the design, construction and funding of the Garage Access Improvements. The City agrees to grant to the Developer an easement for the construction, use and occupancy of the Garage Access Improvements." 6. Floor Plans and Elevations. The floor plans and elevations attached to the Development Agreement and recorded in Official Records Book 13996, Pages 2471 through 2491 are deleted in their entirety and replaced with the floor plans and elevations attached hereto as Exhibit "B." 7. Approvals and Permit Lists. Exhibit "G" of the Development Agreement is amended to delete the following: "Pedestrian Bridge, Elevated Walk & Beach Elevator. Public Service Facility (building permit)" and insert in lieu thereof the following: "Building Permit for Landing, Arcades, Elevated Sidewalk and Facilities and Concession Building." 8. Beach Walk Public Improvements. Exhibit "H" of the Development Agreement as recorded in Official Records Book 13996, Page 2504 is deleted in its entirety and replaced with Exhibit "H" attached hereto and incorporated herein by reference. 9. License Agreements. Exhibit "K" of the Development Agreement is hereby amended to delete all references to "Elevated Beach Access Facility" as described therein. SIGNATURE PAGES TO FOLLOW TAMP_514895.3 0 • IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the date set forth in the first paragraph of this Amendment. THE CITY OF CLEARWATER, FLORIDA Attest: By: City Clerk Approved as to form: Pamela K. Akin, Esquire City Attorney STATE OF FLORIDA ) COUNTY OF PINELLAS ) By: Mayor The foregoing instrument was acknowledged before me this day of , 2007 by and , the Mayor and the City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City. Notary Public - Signature Print Name: My Commission Expires: [SIGNATURES CONTINUED ON NEXT PAGE] 4 TAMP_514895.3 • Signed, sealed and delivered in the presence of. (Witness Signature) Print Name: (Witness Signature) Print Name: STATE OF FLORIDA COUNTY OF HILLSBOROUGH CRYSTAL BEACH CAPITAL, LLC By: NJR DEVELOPMENT COMPANY, L.L.C., its sole manager Neil J. Rauenhorst, its Manager The foregoing instrument was acknowledged before me this _ day of , 2007, by Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select one:] ( ) is personally known to me; or ( ) produced a Florida driver's license as identification Notary Public - Signature Print Name: My Commission Expires: TAMP_514895.3 Exhibit "B" Floor Plans and Elevations is TAMP_514895.3 0 0 Exhibit "H" Beach Walk Public Improvements TAMP_514895.3 PREPARED BY AND WHEN RECORDED RETURN TO: Stephen J. Szabo, Esquire Foley & Lardner LLP 100 N. Tampa Street, Suite 2700 Tampa, Florida 33602 SECOND AMENDMENT TO SECOND ANLD-AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER BETWEEN THE CITY OF CLEARWATER, FLORIDA AND CRYSTAL BEACH CAPITAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY DATED AS , 2007 til O ? (3 ®a Uj z0 LL- g it 0.0 TAMP 9514895 3 0 • LU ? W W ? 5G ?W p ®V Z W ® co Z }O. u-. ? C s TAMP & 4aK-''514895 3 Page 2 0 0 THIS SECOND AMENDMENT TO SECOND AN-B-AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this _ day of , 2007 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the "Developer"). WITNESSETH WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in title, are parties to that certain Second Amended and Restated Development Agreement as recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida, as subsequently amended by that certain First Amendment to Second Amended and Restated Development Agreement dated February 1, 2006 (together, the "Development Agreement"); and WHEREAS, to insure and execute the City's goals of revitalizing Clearwater Beach in accordance with Beach By Design, the City has imposed certain restrictions upon the Developer and individual Unit Owners as detailed in the Development Agreement and the exhibits attached thereto; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Development Agreement, as more fully set forth herein below. NOW, THEREFORE, in consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Capitalized Terms. Capitalized terms not otherwise defined in this Amendment shall have the meaning ascribed to such terms in the Development Agreement. 3. Definition of Garage Access Improvements. The definition of Garage Access Improvements is amended as follows: 'Garage Access Improvements-L"' means the pedestrian evef a&sstairwe 1W, landing(, arcade, elevated sidewalk, and facilities to provide concessions along the western facade of the Project (but not within the resort building) providing access to the proposed garage which garage shall include at least four hundred (400) parking spaces as a part of the Project which are to be available to the general public, as more particularly described on Exhibits H and L. The Garage Access Improvements shall be owned b..the y and shall be maintained by the Developer in accordance with operating standards compatible with the Hotel. 4. Section 5.04, paragraph 7 is amended as follows: Concessions. The City shall grant the Developer authority to W operate concessions on land to the west of the existing O centerline of South Gulfview Drive, adjacent to the Project.site, u.. subject to any existing franchise or concession rights and compliance with all requirements of the City Code, and subject to a license agreement to be approved by the City, substantially z IU U, z ?- 2O ?V 0 in the form as Exhibit K. The license agreement shall be for a term of 50 years, commencing on the date the facilities are available for use, and be subject to a right of termination by the City for an uncured breach of a material obligation by the Developer. Such concessions may include a facility open to the public which provides towels, lockers, minimal beach sundries, and other beach gear required to operate a first-class beach hotel, but not including benches, lounges, umbrellas and side tables. The concession facility shall be no more than 1,200 square feet, MOL, be no higher than one story and shall not display the name Hyatt or any other hotel-related mark on the structure of the facility. Additionally, the persons working within the facility shall wear no pins or other identification bearing the name Hyatt or any other hotel-related mark. Such facilities shall be built into the boa !anding ofti of toe pedesti4an constructed in the location as more particularly depicted on Exhibit H. Notwithstanding the foregoing, in regard to beach chairs, lounges, umbrellas, side tables and the level of services associated with the provision thereof ("Beach Concessions"), the City shall retain the right to utilize a concessionaire to provide said Beach Concessions. The City agrees that the City concessionaire shall offer the Beach Concessions which comply with the standards set out on Exhibit L, attached hereto and made a part hereof. If the City's franchisee fails to comply with the standards in Exhibit L Developer may send written notice to the City specifying the non-compliance, after which the City has thirty (30) days to cure said non-compliance. In the event that the non-compliance is not cured within thirty (30) days, the City agrees that the Developer may thereafter provide the Beach Concessions and shall retain all income derived therefrom. If the Developer assumes control of the Beach Concessions, Developer shall have a five year term to operate the Beach Concessions, subject to the provisions hereinbelow. The Beach Concessions may be located only on that portion of the beach directly west of the Project Site and as defined by two parallel lines running from the northern-most boundary of the project and the southern-most boundary of the project west to the mean high water mark.. Further, there shall be no indication or branding on chairs, tables, umbrellas or other similar items sold or rented from the concession facility bearing the name Hyatt or any other hotel-related mark. If the Developer assumes control of the Beach Concessions, and the City receives documented complaints that the Beach Concessions are being denied to non- hotel guests; or if Developer fails to comply with the standards set out in Exhibit L, the City may send written notice to Developer specifying the non-compliance. In the event that the _o LU W fV ? V 0 L u O cr LLJ p Z k LL L._ it g a. U 0 0 non-compliance is not cured within thirty (30) days, the City may take back the Beach Concessions. 5- Section 5.04, Paragraph 11. Section 5.04. Paragraph 11 is deleted in it entirety and replaced with the following "Garage Access I movements. The Developer shall he ponsible for th e design, construction and funding of the Garage Access Im provements. The City agrees to grant to the Developer an ease ment for the construction, use and occu ancv of the Garage Acce ss movements." 3 L Floor Plans and Elevations The floor nl n and elevation attached to the Development Amement and recorded in Official Records Book 13996. Pages 2471 through 2491 are deleted in their entirety and replaced with the floor plans and elevations attached hereto as Exhibit "B " 1. Ap nroya ls and Permit L ists. E mit " G" of the Deve lopment Agree ment is n amended to delete the following• "P edestria n Bridg e Elevated W alk & Beach 1~ ley or Public Service Facility (building permit )" and i nsert in lieu thereof the following: "B uilding Permit for Landing Ar cades, Elevated S idewalk and Fa cilities and Con cession Buildin = g " _& Be ach Walk Public Improvem ents Exhibit "H " of the Development Agreement as rec orded in O fficial Records Boo k 13996, Page 250 4 is deleted in its entirety and replaced with Exhibit "H " attached hereto a nd inc•omorated here in by reference 9- License Agreements. Exhibit "K" of the Development Agreement is herehv amended to delete all references to "Elevated Beach Access Facility" as described therein SIGNATURE PAGES TO FOLLOW ?U Uj W ?Q a ®a n (U (9 0 UJ W z 6- ) C6 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the date set forth in the first paragraph of this Amendment. 2 EWI-C -TV-9F--C-I. ,-,, D{Lcr'A-TCD'am'' MWWA Pamela lc-zikifl, Esquir-e rx OFC1? 2a X- _3 Via. / _ ? 4 ; u f; i } 1 •, L y"'r >~ .L 5? z Ui y 'v ? dal I 4 i l ? r t" 1 n- }? t c 3_ .? r =t t°' !S` y ?LRt-? r `?; v1.' lr r I d . 7 as to form a 5 Y 1, 7 1, i < a y ?, I r 4 A1c7 i' ??auire ^: STATE OF FLORIDA COUNTY OF PINELLAS ZZ c: LU ? The foregoing instrument was acknowledged before me this _ day o a- 3 of , 2007 by and , the Mayor and the City N Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City. K5 ? j o Z V 1V ao L Q O a 0 Signed, sealed and delivered in the presence of: CRYSTAL BEACH CAPITAL, LLC By: NJR DEVELOPMENT COMPANY, L.L.C., its sole manager (Witness Signature) Print Name: (Witness Signature) Print Name: Neil J. Rauenhorst, its Manager STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this _ day of , 2007, by Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select one:] ( ) is personally known to me; or ( ) produced a Florida driver's license as identification Notary Public - Signature Print Name: My Commission Expires:- zne o UJ Uj }` 3 C1.4 41C o ?U OR LU zO LL ?U 0 • Notary Public = Signature Print Name: My Commission Expires:- [SIGNATURES CONTINUED ON NEXT PAGE] w g!9 o N (D yj W ,Y o CD (U ON, ? ZO ?U 0 0 Exhibit tB" AQUALEA RESORT AND RESIDENCES CLEARWATER BEACH, FLORIDA A NJR RESORT DEVELOPMENT PROJECT k n? tl R mml -k' C ?. -. _ ? n] n m Im ® ,-- -. 0 a N JR RESORT DEVELOPMENT, LLC OWNER DAVID L. WALLACE & ASSOCIATES, P.A. ARCHITECTS ORIGIft RECEIVED FES 02 2007 PLANNING DEPARTMENT C17Y OF CO EARWATER 61fE DATA D1gW tmpe«d l,nau.. Gd'u. «evmmemr.N.1 C?deMm 9 Wilder Brfs9 wYf _ NP4 1010« A.WOBP. ?CCNSInICWNTRE 1)ps[ Ifrrao*ro. 1Awm• ttttPN1C1'TYR --- ? fa.e r-te.. Nd.l ,a roAUe ?.axa. re f ae of««wa e«.f« awtNmna.wx nefe.au? x.TSNew LAND USE ANALYSIS I.VDIRE AHA l94C8aa0E WNSf bar 14fOf d= pe[ dlsyl.alCa.IfY> A,26S:F &IB DATA INOf YY Qf1AfL YYA¢ W n- A[O [ X1ef [J+f f IPf uaq 1 tIIf am f t111 aAl/ t>D aJW f to m m fJ01 rfpy flfl f Afv WY f Mb 9 1•III II Ipf M IAD 4 A? • A1ff Aw V tIM fpp 10IA1 IIfAMa f1Aa{5 ryfDII 1 M9011G IE?ID my ,OTK fafR1G? GIIVgI ECEII/EL? FEB 02 2007 pIANNING CRY OF OLEOWq ERT ,G PAM" 1 J° 01lfMAl. FLAZA SECOND STREET . ? .., a tum r ,; ........ ;` t 4 <xitiYj- I ?I { ? ACE r n-STO" II ii O0MO?TEt.. ..s?. :. n i, f ? ? ® 1HIIIVIiIi ® 3 II ii1? ? ai ® - ® o i .. c ?.? POOL TE8IACE 'flrlll 1=JJ d y' I q? ? I . _ ® ?o W O • TBWACE to .; p pit - Y i narOW - CONDO/HOTM . .. ?6 lid BUTANO ? 1 [ EXISTING RETAM ?A q .y u.tur, un ' aY U.uw. ...iN vy _ _ NIIdIb•W 104Y(pJ ZONING PLAN w e WALFAMW'O r Q Ys R7IIIANd CANM 0 I I II it t t t IfYV. ClftlY0tl1 ffiLSLCaffiLLSiA1LlJ!).". nxrr,. t? PARKING LEaND muxr iuerxoc s? n mvmmwowm Pa n aer rwwc TOTAL PARKMG M ? Z 1 CROSSWALK PLAN SCALE Vr- V-W 951 6RIGIN& RECEIVED PARKINGILOBBY LEVEL 1 FLOOR PLAN v x e SCALE114r•113' ELEV.-73'(NAVAr63*) r • FEB 02 2007 PARKING LEGEND auwr PUBIIL PAi1RIHG SPARS IPl A00 PANAh COP00 AARS pp )i IIOR 6 VAlff PAP[TG lit TOTAL PARKING 753 ORIGINAL RECEIVED FEB 02 2007 PLANNING DEPARTMENT CITY Of CLEARWATER x HOTEL LEVEL 2 FLOOR PLAN s scn1E v,a. ra ELv.. n•-T Y G PAKKIN LEGEND mart L EN m nnuc ria L-) iuvn mrao n.? o0 wm a vAUr raaorw ORIGINAL TOTAL PARKING 753 R.ECEPAD w? r• y I I I I Y 4 I I ? I I? 4 I 4 4 4 4 4 I I I - ?- Q I I I I I - I-- ?-- --F--F ® I I I" I I I ?"` OND _- I UD IT ? ? I I I I? j j --. .- .t . I _ - - - - - -----0 I I ? f I Po , I . ONDO I ? I k I j UNIT II j ? I- - - - - ?/ - _ j -.--- - = - - - - - NIT D• mot}- I r OND r b?4 _ UN IT D-0. I I I I I I I I I I --- -- -- - - -?--_ errn_? n FEB 02 2007 PLANNING DEPAIRTNIENT CITY OF CLEARWATER PARKING/CONDOMINIUM LEVEL 3 FLOOR PLAN SCALf:111W'1'd' ELEV. -25-11'PARKING.+25S CONDOMINIUM LEVEL - •T? Y PARKING LEGEND vac rw.m?c s..m m non co.mo vm oq rurmlc TOTAL PARKING 753 k tr- Ty Y 4 4 4 41 4 4 4 4 4 4 I I r-rl - ONO ? ' I? I UNIT I I I I I I I. I i I ! I °I I ,m. I ? I I I UNIT ' ? I -L o-z. -- - -- - - - - - - -- _- - I I I ?'I I _;_ ® I ?-- I w ONDOT? ..-.- _- - _- -_ - _.-.- - --.? IT D-?@ I 111 I w ? n I I I I °'o.. I I I I - - ---o r UNIT ? i? l o-a •. I I ? I I I -fir -- -. - - - - ---? Y I I I I I I I ? y ___"? I I i PARKING/CONDOMINIUM LEVEL 4 FLOOR PLAN ma SCALE: 1H6-V-T ELEV. -W4-PARKING+]T-11• CONDOM"""' LEVEL Y I i I I I I i I ® -- -r i PARKING LEGEND murrr O, -.--- --- n,n,c rwoxc a,,re a M'Al[ CMOg 9AB b0 1AIH I VAIF, rAt@S Al _ ' TOTAL PARKING 753 ORIGINAL RECEIVED Y Y i i r v vi w v Q Q v 4 - -- I? I I I -- -? I ?. , - i-? - - UNLIT - _ -- - I I I 0.' I I ? I j l I I - - - m.. • . - - -.-. ---- i o _ _ • I ONDO i 4 Im^ ... I / ? I ,?. mo I I I pp UNIT W? V _ i f , i L. _ _ - - I ® Y i t i OND --- - -- 91 - - - IT ---- -- -.-. --? 444 - 4 - - - - --- ---o P p I I - I - --- --o ?. UNIT _ Ci --- - - f - -- - ? ,; --- ----- -rte.-a-_ ' . •.- ?--_..: ,,- - - ? - 'T T - } - -------- ---A b PARKING/CONDOMINIUM LEVEL 5 FLOOR PLAN s SC+llP 1N8•°1•-0' ELEV..47A'PARIgNG NT-7'CONDOMIMUMLEVEL w Y FEB 0.21007 PLANNING DEPARTMENT C17Y OF CLEARWATER -® PARKING LEGEND .ago nwuc r,umic vAm roi coxoo um vo Nore ? vun r.Mimrc m w PARKING/CONDOMINIUM LEVEL 6 FLOOR PLAN SCALE 1118'• 1'-0' ELEV. -51'-T PARKING+6rr CONDOMINIUM LEVEL Y 4 PARKING LEGEND awrcr ruwc riamc vwu n ruv?rz miw any o0 nom ? vvn rucoc TOTAL PARKING 753 ORIGINAL RECEIVE FEB 02 2007 PLANNING ®EPARIMENT CRY OF CLEARWATER PARKING LEVEL 7 FLOOR PLAN a SME-11W- V-0' EEV..S9'-T PARKING LEGEND couNr vuauc vuw¢ a.? of wv+n cam am o0 NDR i vNLI ruwc m TOTAL PARKING 753 ORIGINAL RECEIVED FEE' 0 21007 PLANNING bEPAWMENT CITY OF CLEgRWATER PARKING/SPA LEVEL 8 FLOOR PLAN CONDOMINIUM LEVEL 7 FLOOR PLAN SCALE: IIIS'=7'-0' PARKING LEVEL S ELEV. ?W.(r CGNDOMMKRA LEVEL 7 ELEV. TSB.1I- Y ORIGINAL RECEIVED FEB 0 2 2007 PLANNING DEPARTMENT CI7Y OF CLEARWATER TT T i ` III '; ®---- II ®--- - - - - ' ii ii j Q -.----`f li p--- I-I 9-__-_-_4-4 J 7 T T T ----- ----- - ----- ------ A-2 A-2 A-2 A-2 A-2 A-2 A-2 IA-2.1 A-2.1 A-2.2? n i --------a 5 . I I I I I I I I I, I O ® O O O 9® O ® O -2AS A-2.1 A-2.1 A•2.25 i HOTEL LEVEL 8 FLOOR PLAN Y TT T ® -4 II CC1 II b? b b T TI P I I I -----o HOTEL LEVEL 9 FLOOR PLAN SCALE 111W- 1'-0' ELEV.-OT-11- Y --o - -o ORIGINAL R2ECENED FEB 02 2001 PLANNING DEPARTMENT CITY OF CLEARWATER TT T T T 1 - G1 B-2 A-1 A-1 A-1 ARC A-1 cC1 6-1 B-1 B-1 II I I I I I I 1 ? I -- _ G7 & A-1 A-7 A4-1 TT HOTEL LEVEL 10 FLOOR PLAN v T SCALE: f/1G.7'd' ELE LEV.?88'-f0' Y ?P P i p ORIGINAL RECEIVED FEB 0 2 2007 PLANNING DEPARTMENT CITY OF CLEARWATER C-1 8-2 A-1 A-1 A-1 A-1 A-1 A.1 1 11 B-1 I ? I I I ® i I I ? I I I ! e ?I - C-1 B-1 , - -- 1 - - I C•1 B-2 A-1 -1 ?tl A-1 A l I I -I--I-1TC--_+--? ----i HOTEL LEVEL 11 FLOOR PLAN 6 SCAM li - l-W ELEV..1OV r ??_???? ?` Y °Q T T - CC., - -F?-4 _ C-1 ®--?I T T?T T T T I I i © - IIII ? C-1 B-1 B-1 B-1 IIII I CA B-2 A-1 -1 A l A-1 AA1 O TT 2E_ -----e X HOTEL LEVEL 12 FLOOR PLAN .e srue ins• -r-0• ei.ev.. na•a• J 'r+-. h r?. h ra j-1- G1? B1 B-1 B-1 I T-11- r- G41? B-2 A-11 A-1 6-1 0 ?- -r -?- - - - - - L -? L Y' I ti ORIGINAL RECEIVFD FEB 0 2 2007 PLANNING, DEFM11--VitNT CRY OF CLEANAIM FR HOTEL LEVEL 14 FLOOR PLAN e scALF""v-l'-v ELEV.+129'-r `?` Y A-, 8-2E I I ORIGINAL RECEIVE[ FEB 0 2 2007 PLANNING DPARIMENT CITY OF CLEARWATER 0 C? 0 p ? I I? I I ? I I 1 I I I I I I I I I I I I I I i l Gi B-2 A-1 A-1 A-1 A-1 A4 i A l B-2 E i i III I ? ? I I I - I III i --. -_-o - ` i i T i I C 1 i BB1 B.1 ? B -1 c-, i k _ I II I I I I I I I I I? I I I I I ~ I ?h ? - f --0 I I - __- I I ----i I II I --' - I - I I I I - - I I? r ??I _ I I III I I I I I ? I I I I I I I I I I I I I - - I- - ' I I I I 6'1 B-1 B-1 B-1 I I I I t __ _ ?„ -o o-- - - ;-} ??- O-1 - B-2 I A-1 - A-1 I A 1 - e A-1 - A-1 - I A-1 - BCE - I I I I I I I i i t __ o- - -?? -?- - - - ' I -?- - - I -'- -I-4 - - ----+- _ H- - - bb b b b ?? b i b b ? b ? b HOTEL LEVEL 15 FLOOR PLAN SCALE: 1116'=1-0ELEV.-13Z.V s Y Ti T T T T?T T 1 T 9-2 W A-1 A-1 A-1 A-1 -1 A l ?a s-1.2 &1 B-1 ?c2.2 ? ? I I I I I ? ,?Y I 162.2 - -- - ;y -B-2 W A-1 A-1 A-1 P 1 b it L_= M HOTEL LEVEL 16 FLOOR PLAN SCALE: IMS' V-V E?. - 14l'.W + Y ORIGINAL gECEIVFn FEB 02 1007 PINING DEFA#i[MENT COY OF CLEQWATER TT T T T T II I I I I ICI II 1---f----I T4 o - F r I I I - ?1 ? _ ..e.o --------- ----- T-i III I I I I I I ill {?-- ? I I I I -- i. -- - '? i ! I I I B-2E ------ I I II ?; y x_2_1 A-i A-t Al I A -1 - - &2 E --rt1 1--1-=--I? I II - --?--I- I - -I-1-L- - -I -C- - f- HOTEL LEVEL 17 FLOOR PLAN e SCN.E.11IT-1--W ELEV..I5V4' Y T1 T T 1 T T T ORIGM, iEGEw- FEB p2 2001 p"NiNG ®pRWA ER COY Of C ' I I ICI III I I II I I ! j l l II ?I I I I it ?I I ?I I I HOTEL INTERMEDIATE ROOF LEVEL PLAN SG1LE:1/15'a VELEV..1593' Y J .I i 0 I - 1-7 --------- --- _- =-- - - _ - - --?r r-t- -? -- -r-?-- ,i ? I I I I I I E, nu II I I I I I I II'I I I I I I I `? I- I I I I l i- I ?' `= a ??, HOTEL ROOF PLAN SCALE: ItIr T-W ELEVATOR MACHINE ROOM LEVEL PLAN --I - -? - - scALE fns =ro EtEV..lssa ORIGINAL REGEIVFn FEB 02 2001 HOTEL ROOF LEVEL PLAN SCALE: 1n8' a 1'-0' PLANNING DEPARTMENT CITY OF CLEARWATEP J Al5 A1,1 \"'/ G FS F WE I7 T I LEGEND: H ? _ sros ri .I I I I I I I -`? _t Zx 'n q I I I ?NOTE:M? r, ? r r ,.'? { in o ?s I I I' I w o ? I e 1 1_ a?? Ell ? I" - 02. ¢ - I- -?? E- I - - - - - - - - --I- - -- ? _- 01-1 --- ?- - --- ? I , 1: 11 a] FEE - ?-- my En. M, FP IE al ?-. II G.i 1 p EB :Ip - Nv f f - - ?- _ _ - - Jn ?? - - o? : Public Perking ? 1° ? I ?..,.. ..- ,,... ?•.••. - ® - _ FLF o, L p- •L 1 JECrE J . D ? j j A-9.00 EB 2 2007 ?.YB LLL??E. EAST EL ATION EEE PLANNING DEPARTMENT CITY OF CLEARWATER Q i i I I it I it I II I I .s I " !I I II I I 'I - I _ 'I I Tf-" e •:? i i n.d I i ? I I I i.. GLON NOTE: I M°° 7 1 a -1, 1? ?.. rn 1 - -µ ' e -- _ ? I I I I ,. "" ,... ... • I I n ..w.... ?.y I I w 0 - - - T----- - - -- I? z --j I-- ---- -- ---- I---------- -t--- --- - --- .-Ir 7 .? uuj) ---- -- -- "= e -- --- - ! I c -u? a a j N?0 ? N I M_ I ' 7f, I I I r.. I I :.. w j '? 'F f3 I - G i I 1 I ? j i L ORIGINAL RECEIVED FEB 0 2 2007 PLANNING DEPARTMs: ur 1 - -1-- ---- - ._.J-ate ` I I I m FT - ------- El ---------- I - - - uce 2! w I I - I - - -------- - - -- ------- I - - D I -- -f?aM? moo X02 g V.Q yz? IWWM I - -I. - _ I I 1 b i' 1? ?- I j I _ I - ? I - I I I I - I' ? .., J I I e l i - Y I ? _ I I # I_ ? - ?. ? ? i I 1 . J I WEST ELEVATION I A-9.01 I L I I a ccuEUa-ro j j I I I I i I I I I I ?I I GLAZING NOTE I I I I _ I I ! I I LEGENLi. j : w? .?.,.? ?. ??? 10?•, I )I ? j ??M¢>R. j I I I Im ' 15 13 j I- I j I 5} I w •- I )sl U LLJ _ ! I I I I I I a 1 ------ -------- - - - ----- Q "I j j - - - r I o a - j - -- a$. 0 3 I j ui NEW j ----- --- I I I j j --- 4 ALT- -------------- 77 F-M - w- 7v I -------------- ------------- NMI A .bl T - -- ?m T I W3? j j 1 9?Y NA ------- swim MOM i _ i -0- C I j l 9 1 I I I I j I I I FEB 02 2B0I L L L L A 9.02 t? SOUTH ELEVATION 1 .am ! swe..w.ra CITY OF LEARWATER ?/ GLL ?NG?NDTE:N nom n nix m T n a i ?u?^ x T } J - i - ORIGINAL RECEIVED FEB 0 2 2007 LEGEND: s ?..urs AEON& P? ?a?co°1?'loub omc? ?•,o .? der ma I n. ? r m.orz _ W2 ?. v. mLaw ia u. aM _ I n "eb m .7 m.m ?. b I W ? 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'r'?.'?.?"r?, ,/, ... ? , ?i '?' r s`*. - r, . ,'? _ . .':t, CV W 4JJ E C^J ? . - U V I o`u 0 c ® y Z F 0 Spt? 1/3/2007 •`I`' ?' Receipt #: 1200600000000012905 11:04:20AM p Date: 01/03/2007 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid DVA2007-00001 Development Agreement Fee 010-341262 500.00 Line Item Total: $500.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid • Check NJR DEVELOPMENT CO LLC R -D 3631 In Person 500.00 Payment Total: $500.00 0 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. cReceipt.rpt Page 1 of 1 • C QTY OF C LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 CITY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4090 FAX (727) 562-4086 OFFICIAL RECORDS AND LEGISLATIVE SERVICES Ray Eubanks Department of Community Affairs 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, FL 32399 Dear Mr. Eubanks: March 16, 2007 We are forwarding a copy of the recorded Second Amendment to Second Amended and Restated Development Agreement for Property in the City of Clearwater between the City of Clearwater, Florida, and Crystal Beach Capital, LLC, a Florida Limited Liability Company dated March 6, 2007. This document has been recorded in Official Records Book 15677, Pages 1520-1553, Pinellas County, Florida. If you have any questions,'please call 727-562-4093. Sincerely, Uudith LaCosse Staff Assistant Enclosure cc: Pam Akin, City Attorney ^ ?R 'Michael Delk, Planning Department Director RECEIVpIED MAR I D 207 SING DEPARTMENT CITY OF CLEARWATER FRANK HIBBARD, MAYOR J•-)H •! 1701?A.11, COUNCILMEMBER D. [.L. )CNSOhI, COUNCILMEMBER rJ<::IUEN A. N -PSEN, C-01JPdC'.f Mt?,! E! !Al. A hiwl' )`rS''1iT Aiv;3 r'i Krr "i- ^..rF:-;il trY?rrt??s x 1#' 'NTB, $0s PLANNING DEPARTMENT • C ITY OF C LEARWATER 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 March 2, 2007 Mr. Stephen J. Szabo, III 100 N. Tampa Street, Suite 2700 Tampa, FL 33602 RE: Development Order - DVA2007-00001 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) Dear Mr. Szabo: The City Council at their meeting on March 1, 2007, APPROVED the amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City Council on December 2, 2004, and amended under DVA2004-00002A, approved by City Council on January 19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard for the sites at 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com. Sincerely, Michael Delk, AIC Planning Director S: (Planning Department)C D BIDevelopment Agreements (DVA) IDVA2007-00001 Gulfview S 0301 Hygtt.Aqualea (7) - Approved I Gulfview S 301 CC Decision Letter 3.2.0 7. doe FRANK HIBBARD, MAYOR • JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 2nd Amendment to DevelopmAgreemnet.DOC • Page 1 of 1 Wells, Wayne From: Szabo, Stephen J. [SSzabo@foley.com] Sent: Monday, February 26, 2007 10:47 AM To: Hollander, Gwen Cc: Wells, Wayne Subject: 2nd Amendment to Development Agreemnet.DOC Just received the exhibits so we are attaching to send to you via courier <<2nd Amendment to Development Agreemnet.DOC>> Very truly yours, Steve Foley & Lardner LLP 100 N. Tampa Street, Suite 2700 Tampa, FL 33602 (813) 229-2300 (main line) (813) 225-4193 (direct) (813) 221-4210 (fax) e-mail: sszabo@foley.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii). erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 3/2/2007 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, February 26, 2007 10:38 AM To: 'sszabo@foley.com' Cc: Hollander, Gwen Subject: Hyatt Development Agreement Stephen - Could you please send an electronic copy of the final proposed Development Agreement for the Hyatt project to Gwen Hollander in our legal department: gwen.hollander@myclearwater.com? She needs it to attach to the electronic file going to City Council. Thanks. Wayne i i i ? :.r,i•ri,,, . CITY OF C LEAR ATER PLANNING DEPARTMENT ??' ?.?Posr Ori:iu. Box 4748, CLFARWAITT, Fwl)A 33758-4748 tQ? ER',$'4 M[;Nlclrnl. SrRVICIS Bun.nING, lOO SOU"1'1f MYR"1"LIi AVENUE, CI"rARWA"1'IiR, FLORIDA 33756 T1:Le1 r1oNr (727) 562-4567 FAx (727) 562-4865 1,0NG R1NG1: PLANNING Dfm-oPM1;NT REVIEW February 21, 2007 Mr. Stephen J. Szabo, III 100 N. Tampa Street, Suite 2700 Tampa, FL 33602 RE: DVA2007-00001, 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) Dear Mr. Szabo: The Community Development Board (CDB) at their meeting on February 20, 2007, voted to recommend to the City Council APPROVAL of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City Council on December 2, 2004, and amended under DVA2004- 00002A, approved by City Council on January19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard for the sites at 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. This amended Development Agreement is scheduled for review and decision by City Council on Thursday, March 1, 2007. 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.com/ og v/dgpts/planning. Since' I EMichael rP Planning Director S:IPlanningDepartmentlCD BIFLEX (FLD)IPending caseslUp for the next CDBIDVA2007-00001 Gulfview S 0301 Hyatt.Agualea (7) -3.1.07 CC - YVWIGulfview S 301 CDB Decision Letter 2.21.07.doc FRANK I111M 111MARD, MAYOR J; {N (?<ir n, C<x,:?car,ueausrr, I IM-1 11AN111:10N, COt NC10,11;\ ira; BIUJON,'ti m, 0WINCHAIE:>nsr.r, Cnri.i: A. Prrr.R r.\, C;n MAINII; nir.R "&,m Ai. 1IMPLOY,NIFN I'ANn Arril-'N AIIVP: Aci i m 1",Nwrm h:i," Page 1 of 1 2nd Amendment to Developm Agreemnet.DOC 40 O Wells, Wayne From: Szabo, Stephen J. [SSzabo@foley.com] Sent: Thursday, February 15, 2007 4:22 PM To: Wells, Wayne Subject: 2nd Amendment to Development Agreemnet.DOC <<2nd Amendment to Development Agreemnet.DOC13» Very truly yours, Steve Foley & Lardner LLP 100 N. Tampa Street, Suite 2700 Tampa, FL 33602 (813) 229-2300 (main line) (813) 225-4193 (direct) (813) 221-4210 (fax) e-mail: sszabo@foley.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 2/16/2007 • Wells, Wayne From: Wells, Wayne Sent: Thursday, February 15, 2007 7:03 PM To: 'sszabo@foley.com'; 'chris@njrdevelopment.com' Cc: Hollander, Gwen Subject: Development Agreement Stephen - As I mentioned to you earlier today on the phone, please submit two original copies of the Development Agreement, signed by the owner to the City Attorney's office (Attn: Gwen Hollander) no later than noon on Friday, February 23, 2007, for the upcoming City Council meeting on March 1, 2007, at 6:00 pm. I am in receipt of an electronic copy of the Development Agreement you sent to me earlier today. Thanks- Wayne 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, February 15, 2007 9:20 AM To: 'sszabo@foley.com' Cc: 'chris@njrdevelopment.com' Subject: FLD2007-01001 and DVA2007-00001, 301 S. Gulfview Blvd. Stephen - Attached is the Staff Report for the above referenced case. Please let me know by 3:00 pm on Friday, February 16, 2007, as to whether the conditions of approval for the FLD case are acceptable or not. If the conditions of approval on the FLD case are acceptable, this case will be placed on the Consent portion of the CDB agenda. We so far, do not have any letters of objection to the requests. This case will be heard by the CDB on February 20, 2007, at 1:00 pm at City Hall. It is noted that the DVA case is scheduled for the March 1, 2007, City Council meeting, at 6:00 pm in City Hall. Wayne Gulfview S 301 Gulfview S 301 Staff Report.do... Development Agr... Page 1 of 1 Wells, Wayne From: Chris Bastas [chris@njrdevelopment.com] Sent: Monday, February 12, 2007 5:34 PM To: Doherty, Steve; Wells, Wayne Cc: Rice, Scott; Randy Gibbons Subject: RE: FLD2007-01001/DVA2007-00001 301 S. Gulfview Blvd. Wayne, Storm Inlet letter - original to follow via regular mail. Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Boulevard Suite 2125 Tampa, Florida 33602 813-226-9897 (tel) 813-226-8747 (fax) Chris nirdevelopment.com www.aqualearesort.com From: Steve.Doherty@myClearwater.com [mailto:Steve.Doherty@myClearwater.com] Sent: Monday, February 12, 2007 3:45 PM To: Chris Bastas; Wayne.Wells@myClearwater.com Cc: Scott.Rice@myClearwater.com; Randy Gibbons Subject: RE: FLD2007-01001/DVA2007-00001 301 S. Gulfview Blvd. Engineering: Please address this comment in a letter to Wayne Wells, planner in charge of this case. 2/12/2007 February 12, 2007 Wayne M. Wells, AICP Senior Planner City of Clearwater 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, FL 33756 RE: Aqualea / Myatt - 2nd Street Storm Inlet DVA2007-00001 FLD2007-01001 Dear Wayne: On behalf of Crystal Beach Capital, please accept this letter as our acknowledgement that in the event the existing storm inlet on the south side. of the future Second Street needs to be modified in order to accommodate a solid waste truck, such modification shall be our responsibility. If I can provide you with any additional information, please call. Sincerely, NJR Development Company Christopher D. Bastas Director of Development 101 E. Kennedy Blvd., SuiLe 2125 a Tampa, Florida 33602 a (813) 226-9897 a Fax (813) 226-8747 • ? Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 06, 2007 8:55 AM To: 'Chris Bastas' Cc: Delk, Michael; Brumback, Garry Subject: Aqualea Submittals Chris - 1. Yes, your resubmittals were received on time last Friday. 2. Departments are reviewing the resubmittals. I will let you know no later than tomorrow if there are any changes necessary to what has been submitted. 3. Both the FLD and DVA cases are scheduled for the February 20th CDB meeting and the DVA is scheduled for the March 1 st City Council meeting. Wayne -----Original Message----- From: Chris Bastas [mailto:chris@njrdevelopment.com] Sent: Monday, February 05, 2007 9:37 AM To: Wells, Wayne Cc: Delk, Michael; Brumback, Garry Subject: Aqualea Submittals Wayne, Just following up to confirm that 1. Our submittals were received on time last Friday afternoon, and 2. We have responded fully to the comments made by staff, and 3. We are scheduled for CDB on February 20 and City Council on March 1 Thank you Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Boulevard Suite 2125 Tampa, Florida 33602 813-226-9897 (tel) 813-226-8747 (fax) Chris .njrdevelopment.com www.aqualearesort.com. 1,ff: Message received from 7 24865 on 01/29/2007 at 11:24:07 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, January 29, 2007 1:19 PM To: 'Szabo, Stephen J.' Subject: RE: Message received from 7275624865 on 01/29/2007 at 11:24:07 AM. We have reserved 15 minutes in case you needed to come over. If you are clear on what is needed, continue on and don't come at that time. We will take a 15-minute break. Thanks. -----Original Message----- From: Szabo, Stephen J. [mailto:SSzabo@foley.com] Sent: Monday, January 29, 2007 11:39 AM To: Wells, Wayne Subject: FW: Message received from 7275624865 on 01/29/2007 at 11:24:07 AM. PIS see attached. I thought we were not going to have a hearing on the 1 st since I received comments already? From: GenifaxMessageServer [maiIto: genifaxmessageserve] Sent: Monday, January 29, 2007 11:26 AM To: Szabo, Stephen J. Subject: Message received from 7275624865 on 01/29/2007 at 11:24:07 AM. The attached fax was received from 7275624865 on 01/29/2007 at 11:24:07 AM. JobID: 131359 <<Fax-Jan-29-2007-11-24-07-0007.pdf>> The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 1/29/2007 n. 29 2007 12:31PM P1 FRU?1 • FAX NO. :7275624865 mP LL Mn.i ?{ ater FAX COVER MEMO CITY OF CI.EARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2'd Floor CLRARWATER, FL, 33756 (727) 5624567 FAX: (727) 562-4865 TO: Phonw-- ." ?' -???. , FIZQM• TPhone:,_? DATE: -- MESSAGE:... ---- __.. ??.• err ... - ...?._. .. - ..,rim:. NUM}iE IR OF PiWES(INCLUDI..NG THIS PAGE) . 0 • Page 1 of 1 Wells, Wayne From: Chris Bastas [chris@njrdevelopment.com] Sent: Wednesday, January 31, 2007 4:12 PM To: Wells, Wayne Cc: Delk, Michael; Brumback, Garry; Neil J. Rauenhorst Subject: Aqualea/Hyatt - Request to delete bridge Wayne, We tried to have all the revised plans available today-but didn't make it. Attached is a "draft" of our intentions/responses to DRC comments, along with the explanatory letter that was requested. We believe the comments were clear and that we can address all issues to the city's satisfaction. Nonetheless, I will plan on being at the DRC meeting at 11:00am tomorrow to answer any questions. Thank you for your help. Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Boulevard Suite 2125 Tampa, Florida 33602 813-226-9897 (tel) 813-226-8747 (fax) Chris@nirdevelopment.com www.agualearesort.com 1/31/2007 Michael Delk, AICP Planning Director City of Clearwater 100 S. Myrtle Avenue P.O. Box 4748 Clearwater, FL 33756 December 16, 2005 lie VRE: Aqualea / Hyatt - Deletion of Pedestrian Bridge and Landing DVA2007-00001 FLD2007-01001 Dear Michael: Accompanying this letter are copies of our revised submittals of the above- referenced applications, reflecting our responses to the DRC's comments to the original applications. The purpose of these applications is to provide the City of Clearwater with the opportunity to delete from the Development Agreement the pedestrian bridge from Aqualea over Gulfview Boulevard and the landing for the pedestrian bridge in the middle of the sundial plaza. The original impetus for this offer was our observation of the Planning Department's strong, public objection to the request by the property owner immediately north of our project to construct a bridge over Gulfview Boulevard from his proposed project. Wherever possible, we are trying to be fully supportive of the City's BeachWalk project and upon seeing staff's objection to the bridge from the neighboring parcel, re- examined the need for a bridge from our property. As we have refined the design of Aqualea, we have been able to incorporate minor revisions to the plans that now allow public parkers to take an elevator directly from the garage to ground level and walk directly out onto the BeachWalk Promenade. Previously, a public parker in the garage could take an elevator only to the pedestrian bridge or the hotel. Since direct access is now available to ground floor/Beachwalk Promenade, we do not believe the pedestrian bridge over Gulfview Boulevard is necessary, or quite frankly, will be used very much, as most people will simply walk across the street rather than walk up or down a flight of stairs or wait for a second elevator in the bridge landing structure. In place of the pedestrian bridge, we propose that the City revise its existing BeachWalk plans to incorporate a single 45 foot wide crosswalk, rather than the two crosswalks currently located on each side of the bridge. The crosswalk would be located directly between the elevators and the sundial plaza, providing a clear path of travel to and from the beach for public parkers in the garage. The crosswalk would be constructed of the same materials as the other crosswalks on south Gulfview Boulevard and would be marked by four monuments (consistent with other Beachwalk monuments) containing "Walk/Don't Walk" call buttons. Stop bars and rumble strips would be installed directly north and south of the crosswalk and flush mounted lights would border the crosswalk on the north and south edges. If I can provide you with any additional information, please call. Sincerely, NJR Development Company Christopher D. Bastas Director of Development 1:00 am Case Number: DVA2007-00001- 301 S GULFVIEW BLVD Owner(s): Crystal Beach Capital Llc 101 E Kennedy Blvd Suite 2125 Tampa, F133602 TELEPHONE: No Phone,_ FAX: No Fax, E-MAIL: No Email Representative: Stephen J Szabo. Iii 100 North Tampa Street Suite 2700 Tampa, F133602 TELEPHONE: 813-2254193, FAX: 813-2214210, E-MAIL: sszabo((4bley.com Location: 1.63 ACRES LOCATED BETWEEN SOUTH GULFVIEW AND CORONADO DRIVE AT THIRD STREET Atlas Page: UNK Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 200=4-00002 approved by City Council on December 2. 2004. and amended under DVA2004-00002A, approved by City Council on January 19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard. Proposed Use: Mixed use Neighborhood Association(s): Clearwater Beach Association 100 Devon Dr Clearwater, F133767 TELEPHONE: =443-2168, FAX: No Fax, E-MAIL: papamurphy(? aol.com Neighborhood Association(s): Clearwater Neighborhoods Coalition P O Box 8204 Clearwater, F133758 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: CITY STAFF: WAYNE WELLS, NEIL THOMPSON, SCOTT RICE, STEVE DOHERTY. JIM KELLER APPLICANT: STEPHEN SZABO The DRC reviewed this application with the following comments: General Engineering: See FLD2007-01001 conditions. Environmental: I. No issues. Fire: No Continents Harbor Master: 1 . No issues. Legal: 1 . No issues. Development Review Agenda - Thursday, February 1, 2007 - Page 1 I - P 0 Land Resources: No Comments Landscaping. 1 . No issues. Parks and Recreation: No Continents Storinwater: See FLD2007-01001 conditions. Solid Waste: No Comments Traffic Engineering: See FLD2007-01001 conditions. Planning: Revise the parcel numbers on Page 1 of the application to: 07/29/15/52380/000/0570.07/29/15/52380/000/0580; an( 07/29/15/52380/000/1050. Application will be revised as requested. The parcel size is listed on Page 1 of the application as "approximately 1.56 acres." Unclear as to what "approximately" means. Additionally, under the prior applications for this site, the parcel size was listed as 1.63 acres. The square footage of the parcel previously submitted was 71,068 square feet (the FLD application states the parcel size is "approximately 67,950 square feet). Why, the discrepancy? The site size on the prior application included an additional 10 feet along Coronado Drive on the eastern end of the project site. This 10 feet was subsequently dedicated to the City of Clearwater in order to widen Coronado drive. Page 1 of the application requests the legal description of the property. The application states: "See Exhibit A attached hereto." There is no Exhibit A attached. Provide. The legal description will be attached. Exhibit B - Revise Sheet A-3.00 to show more of the Beach Walk project on the left hand (west) side of the sheet. showing the entire concessions building (such is shown on Sheet A-3.00 submitted for. the Minor Revision). Sheet A3.00 will be revised as requested. Other: No Comments Notes: SCHEDULED FOR THE FEBRUARY 20, 2007. CDB MEETING AND MARCH 1, 2007, CITY COUNCIL MEETING. Development Review Agenda - Thursday, February 1, 2007 - Page 1 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Wednesday, January 31, 2007 8:24 AM To: 'Chris Bastas' Subject: RE: FLD2007-01001, 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) It took some work, but they are attached. -----Original Message----- From: Chris Bastas [mailto:chris@njrdevelopment.com] Sent: Wednesday, January 31, 2007 6:34 AM To: Wells, Wayne Subject: FLD2007-01001, 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) Wayne, Would you or someone else in the Planning Department be able to email me the DRC comments in Word format rather than as a PDF file so that I can respond to each point raised as part of our resubmittal? Case number: FLD2007-01001 - 301 South Gulfview Case number DVA2007-00001 - 301 South Gulfview Thank you Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Boulevard Suite 2125 Tampa, Florida 33602 813-226-9897 (tel) 813-226-8747 (fax) Chris njrdevelopment.com www.agualearesort.com 1/31/2007 Wells, Wayne From: Wells, Wayne Sent: Friday, January 26, 2007 7:15 AM To: 'Szabo, Stephen J.' Subject: DVA2007-00001 - 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) It would be helpful and informational. -----Original Message----- From: Szabo, Stephen J. [mailto:SSzabo@foley.com] Sent: Thursday, January 25, 2007 6:57 PM To: Wells, Wayne Subject: RE: DVA2007-00001 - 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) I will get with client. One thing I noted is the questions on the acreage. The difference is that since the original application we gave the City 10' for Coronado so the acreage actually did go down. Do I need to add a paragraph to the application to explain that? -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, January 25, 2007 To: Szabo, Stephen J. Subject: DVA2007-00001 - 229 and 300 and 304 Coronado Drive (Hyatt Stephen - 6:15 PM 301 South Gulfview Boulevard and 230, aka Aqualea) The DRC has reviewed the submitted Development Agreement amendment. Attached are the DRC comments that need to be addressed in an amended application and/or document for this case. While.this case has been scheduled for the February 1, 2007, DRC meeting, it is not our. intentions to meet with you on that day, since this is being fast-tracked to CDB (meaning, I can't wait that long). Should you have any questions regarding any of the comments, please contact me so that I can direct you to the appropriate person in the department you have concerns with the comments made. Please submit one original application and document, along with 14 copies, amended to reflect the attached comments by noon, Friday, February 2, 2007. This case has been scheduled for the February 20, 2007, Community Development Board (CDB) meeting at 1:00 pm in Council Chambers, 3rd Floor, City Hall, 112 S. Osceola Avenue, Clearwater, FL. Wayne 727-562-4504 <<draft 2.1.07 dre action agenda.pdf>> The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP client(s) represented.by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. 1 Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal. tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 2 Wells, Wayne From: Wells, Wayne Sent: Thursday, January 25, 2007 6:15 PM To: 'sszabo@foley.com' Subject: DVA2007-00001 - 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) Stephen - The DRC has reviewed the submitted Development Agreement amendment. Attached are the DRC comments that need to be addressed in an amended application and/or document for this case. While this case has been scheduled for the February 1, 2007, DRC meeting, it is not our intentions to meet with you on that day, since this is being fast-tracked to CDB (meaning, I can't wait that long). Should you have any questions regarding any of the comments, please contact me so that I can direct you to the appropriate person in the department you have concerns with the comments made. Please submit one original application and document, along with 14 copies, amended to reflect the attached comments by noon, Friday, February 2, 2007. This case has been scheduled for the February 20, 2007, Community Development Board (CDB) meeting at 1:00 pm in Council Chambers, 3rd Floor, City Hall, 112 S. Osceola Avenue, Clearwater, FL. Wayne 727-562-4504 draft 2.1.07 dre action agenda... ° 0 CITY OF CLE*RWATER Clearwater 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 January 19, 2007 Stephen J Szabo, Iii VIA FAX: 813-221-4210 100 North Tampa Street Suite 2700 Tampa, F1 33602 RE: DVA2007-00001 -- 301 S GULFVIEW BLVD -- Letter of Completeness Dear Stephen J Szabo, Iii : The Planning Staff has entered your application into the Department's filing system and assigned the case number: DVA2007-00001. 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 February 01, 2007, 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, M . [VOL Wells, AICP EWavc Planner III Letter of Completeness - DVA2007-00001 - 301 S GULMEW BLVD ®F©LEY • FOLEY & LARDNER LLP January 11, 2007 City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33756 Attn: Mr. Wayne Wells ATTORNEYS AT LAW 100 NORTH TAMPA STREET, SUITE 2700 TAMPA, FL 336025810 P.O. BOX 3391 TAMPA, FL 336013391 813.229.2300 TEL 813.221.4210 FAX www.foley.com WRITER'S DIRECT LINE 813.225.4193 sszabo@foley.com EMAIL CLIENT/MATTER NUMBER 0465030101 Re: Crystal Beach Capital/Proposed Second Amendment to Second Amended and Restated Development Agreement Dear Wayne: Enclosed please find City of Clearwater Development Agreement Application form and the proposed Second Amendment to Second Amended and Restated Development Agreement. The attached Amendment is being delivered to eliminate the pedestrian overpass from the definition garage access improvements, modify the plans for the elevated arcade and sidewalk and add stairwell landings. Further, the Amendment modifies the concessions facilities on the west side of Gulfview. Further, the Amendment revises and updates the floor plans and elevations attached as Exhibit B, the list of approvals and permits described on Exhibit G, the beach walk public improvements described on Exhibit H and, finally, modifies the License Agreement attached as Exhibit K to delete all references to elevated beach access facility. Should you have any questions or comments regarding the enclosed, please do not hesitate to call me. [II ORIGINML RECEIVED JAN 18 2006 PLANNING DEPARTMENT CITY OF CLEARWATER BOSTON LOS ANGELES SACRAMENTO TALLAHASSEE BRUSSELS MADISON SAN DIEGO TAMPA CHICAGO MILWAUKEE SAN DIEGO/DEL MAR TOKYO DETROIT NEW YORK SAN FRANCISCO WASHINGTON, D.C. JACKSONVILLE ORLANDO SILICON VALLEY TAMP-520812.1 r ? tt?/T.9t fr-'r LONG RANGE PLANNING DEVEI.OPMENT Rrv1EW Stephen J. Szabo, III 100 N. Tampa Street Suite 2700 Tampa, FL 33602 0 • C ITY OF C LEARWAT ER PLANNING DEPARTMENT POST OFFICfi Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL. SERVICESBtI]I,DING, 100 SOUTH MYRTI.E AVENUE, CUARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 January 8, 2007 RE: Case No. DVA2007-00001, 301 South Gulfview Boulevard Dear Mr. Szabo: The Planning staff has reviewed your application for an amendment to the Development Agreement previously approved by the Clearwater City Council on December 2, 2004 for property generally located at 301 South Gulfview Boulevard. After a preliminary review of the submitted documents, staff has determined that the application is incomplete, with the deficiencies listed below. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. In order to stay on the current schedule for review for sufficiency by the Development Review Committee (DRC) on February 1, 2007, the following information is required to be submitted by 10:00 am on Wednesday, January 10, 2007 (should you be unable to meet this time frame, the next submittal deadline is February 2, 2007 [noon] to be reviewed for sufficiency by the DRC on March 8, 2007, if the application is deemed complete): The following items and/or information are required in order to make vour application complete: 1. Page 1 of the application - Add in the Street Address of 301 S. Gulfview Boulevard. 12. While there is no cover letter outlining the purpose of this request, it appears that the purpose is to eliminate the pedestrian overpass on the west side. Provide a cover letter outlining the purpose of this request and a brief synopsis of the revisions proposed. 3. Title on Page 1 should state: "SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER..." Revise. f First paragraph on Page 2 should read: "THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT..." Revise. J4. Based on the Minor Revisions presently being sought, and assumably to be concluded soon, the floor plans and elevations recorded in OR 13996, Pages 2471 - 2491 need to be amended. .15. The Approvals and Permit List of Exhibit G, OR 13996, Page 2503, needs to be amended for "Beach Improvements Permits" to eliminate or revise "Pedestrian Bridge, Elevated Walk & Beach Elevator Public Service Facility". PRANK I111MARD, MAYO]; Jctitn DORAN, C01;,N iIAIF.%IBI:R I IM-1 I L N111,1 N, Ccmar.u.>ut u;La; I ILL ION', IN„C0IiNUTAt :.%1IJitR Gwu:n A. Prrri;sr:n, Cc rnc:u.>nc a+i: "EQtJAI. EMITMAWNT AND ArriR.NIATivit AC11ON FNII,LOIt?R" January 8, 2007 Szabo - Page 2 16. Exhibit H, OR 13996, Page 2504, needs to be amended, since this is where the concessions "building" will be located. This Exhibit is so dark, nothing can be seen to indicate what is intended by this Exhibit H. 47. Exhibit K, OR 13996, Page 2509, needs to be amended as it refers to an "elevated beach access facility". J8. The site plans and elevations approved under FLD2004-07052 must also be amended concurrently with this Development Agreement request to eliminate the pedestrian bridge and to show the new proposed concessions building, as well as revised public pedestrian access between the beach and the public parking in the garage. Fifteen copies (one original and 12 copies) of revised application material addressing the above comments must be submitted to the Planning Department. If you have any questions, please do not hesitate to call me at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com. Sincerely, Wayne M. Wells, AICP Planner III S.•IPlanning DepartmentlCD BlDevelopment Agreements (DVA)IDVA2007-00001 Gul(view S 301 Hyatt (7) - WWIGulfview S 301 Incomplete Letter 1.8.07.doc 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, January 08, 2007 1:44 PM To: 'sszabo@foley.com' Subject: DVA2007-00001, 301 S. Gulfview Blvd., Crystal Beach Capital, LLC Stephen Szabo - Attached is a Letter of Incompleteness for Case DVA2007-00001 for the above referenced application. I will fax this letter also and send the original by mail. Wayne Wells, AICP 1E Gulfview S 301 Incomplete Lett... `Clearwater U Fax Cover Memo. CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: Stephen Szabo DATE: January 8, 2007 FAX: 813-221-4210 TELEPHONE: 813-225-4193 FROM: Wayne M. Wells TELEPHONE: (727) 562-4504 SUBJECT: DVA2007-00001, 301 S. Gulfview Blvd., Crystal Beach Capital, LLC MESSAGE: Incomplete Letter NUMBER OF SHEETS (INCLUDING THIS PAGE): Jan. 08 2007 03:16PM YOUR LOGO YOUR FAX NO. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 98132214210 Jan.08 03:15PM 01'10 SND 03 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). 4. PREPARED BY AND WHEN RECORDED IM I U MI'O: Stephen J. Szabo, Esquire Foley & Lardner LLP 100 N. Tampa Street, Suite 2700 Tampa, Florida 33602 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 20070824510310912007 at 02:10 PM OFF REC AG RECORDING: $290.60 Do, r r SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF CLEARWATER BETWEEN THE CITY OF CLEARWATER, FLORIDA AND CRYSTAL BEACH CAPITAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY DATED AS (1A (,Q , 2007 TAMP_514895.3 THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this &'\ day of YhA&J6,,_, 2007 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the "Developer"). WITNESSETH WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in title, are parties to that certain Second Amended and Restated Development Agreement as recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida, as subsequently amended by that certain First Amendment to Second Amended and Restated Development Agreement dated February 1, 2006 (together, the "Development Agreement"); and WHEREAS, to insure and execute the City's goals of revitalizing Clearwater Beach in accordance with Beach By Design, the City has imposed certain restrictions upon the Developer and individual Unit Owners as detailed in the Development Agreement and the exhibits attached thereto; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Development Agreement, as more fully set forth herein below. NOW, THEREFORE, in consideration of the sum of $10 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Capitalized Terms. Capitalized terms not otherwise defined in this Amendment shall have the meaning ascribed to such terms in the Development Agreement. 3. Definition of Garage Access Improvements. The definition of Garage Access Improvements is amended as follows: "Garage Access Improvements" means the stairwell(s), landing(s), arcade, elevated sidewalk, and facilities to provide concessions along the western facade of the Project (but not within the resort building) providing access to the proposed garage which garage shall include at least four hundred (400) parking spaces as a part of the Project which are to be available to the general public, as more particularly described on Exhibits H and L. The Garage Access Improvements shall be owned and maintained by the Developer in accordance with operating standards compatible with the Hotel. 4. Section 5 04 paragraph 7 is amended as follows: Concessions. The City shall grant the Developer authority to operate concessions on land to the west of the existing centerline of South Gulfview Drive, adjacent to the Project site, subject to any existing franchise or concession rights and compliance with all requirements of the City Code, and subject to a license agreement to be approved by the City, substantially in the form as Exhibit K. The license agreement shall be for a term of 50 years, commencing on the date the facilities are available for use, and be subject to a right of termination by the City for an uncured breach of a material obligation by the Developer. Such concessions may include a facility open to the public which provides towels, lockers, minimal beach sundries, and other beach gear required to operate a first-class beach hotel, but not including benches, lounges, umbrellas and side tables. The concession facility shall be no more than 1,200 square feet, MOL, be no higher than one story and shall not display the name Hyatt or any other hotel-related mark on the structure of the facility. Additionally, the persons working within the facility shall wear no pins or other identification bearing the name Hyatt or any other hotel-related mark. Such facilities shall be constructed in the location as more particularly depicted on Exhibit H. Notwithstanding the foregoing, in regard to beach chairs, lounges, umbrellas, side tables and the level of services associated with the provision thereof ("Beach Concessions"), the City shall retain the right to utilize a concessionaire to provide said Beach Concessions. The City agrees that the City concessionaire shall offer the Beach Concessions which comply with the standards set out on Exhibit L, attached hereto and made a part hereof. If the City's franchisee fails to comply with the standards in Exhibit L Developer may send written notice to the City specifying the non-compliance, after which the City has thirty (30) days to cure said non-compliance. In the event that the non-compliance is not cured within thirty (30) days, the City agrees that the Developer may thereafter provide the Beach Concessions and shall retain all income derived therefrom. If the Developer assumes control of the Beach Concessions, Developer shall have a five year term to operate the Beach Concessions, subject to the provisions hereinbelow. The Beach Concessions may be located only on that portion of the beach directly west of the Project Site and as defined by two parallel lines running from the northern-most boundary of the project and the southern-most boundary of the project west to the mean high water mark.. Further, there shall be no indication or branding on chairs, tables, umbrellas or other similar items sold or rented from the concession facility bearing the name Hyatt or any other hotel-related mark. If the Developer assumes control of the Beach Concessions, and the City receives documented complaints that the Beach Concessions are being denied to non-hotel guests, or if Developer fails to comply with the standards set out in Exhibit L, the City may send written notice to Developer specifying the non-compliance. In the event that the non-compliance is not cured within thirty (30) days, the City may take back the Beach Concessions. 1. 11 0 0 5. Section 5.04, Paragraph 11. Section 5.04, Paragraph 11 is deleted in its entirety and replaced with the following: . "Garage Access Improvements. The Developer shall be responsible for the design, construction and funding of the Garage Access Improvements. The City agrees to grant to the Developer an easement for the construction, use and occupancy of the Garage Access Improvements." . 6. Floor Plans and Elevations. The floor plans and elevations attached to the Development Agreement and recorded in Official Records Book 13996, Pages 2471 through 2491 are deleted in their entirety and replaced with the floor plans and elevations attached hereto as Exhibit "B." 7. Approvals and Permit Lists. Exhibit "G" of the Development Agreement is amended to delete the following: "Pedestrian Bridge, Elevated Walk & Beach Elevator Public Service Facility (building permit)" and insert in lieu thereof the following: "Building Permit for Landing, Arcades, Elevated Sidewalk and Facilities and Concession Building." 8. Beach Walk Public Improvements. Exhibit "H" of the Development Agreement as recorded in Official Records Book 13996, Page 2504 is deleted in its entirety and replaced with Exhibit "H" attached hereto and incorporated herein by reference. 9. License Agreements. Exhibit "K" of the Development Agreement is hereby amended to delete all references to "Elevated Beach Access Facility" as described therein. SIGNATURE PAGES TO FOLLOW • • IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of the date set forth in the first paragraph of this Amendment. THE CITY OF CLEARWATER, FLORIDA By: d-Lkr T illiam B. Horne II, City Manager Attest: By: , C hia E. (Jeudeau; City Clerk g Approved as to form: n X=7- Pamela-K. Akin, Esquire City Attorney STATE OF FLORIDA ) By: - Frank V. Hibbard, Mayor ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of h-?CL'C-D--N , 2007 byF?w-XV.N;lbarclandW?JO, the Mayor and the City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City. Karen B. Vaughan q? ...?4. Commission # DD500919 Notary Public - Signature Expires Deoember 20, 2009 ??.?f,h`e mF*? aoau??mo Print Name:m'1??C? ?0. My Commission Expires: ta'a°l°°? [SIGNATURES CONTINUED ON NEXT PAGE] 4 TAMP_514895.3 Signed, sealed and delivered in the presence of: (Witness Signature) Print Name: (Witness Signature) Print Name: • CRY TAL BEACH CAPIT. By: JR DEVELO NT ILL ., its s?e ; age I , MRauenlhor?,?k, its LLC ?IPANY, STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this 22- day of r'*,brua.r!?, 2007; by Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of the companies.. He [select one:] -,(.t ) is personally known to me; or ( ) produced a Florida driver's license as identification dGw ?,.. P Notary Public State of Florida Notary Public - Signature Natalie Gomez Z i7 My Commission DD576921 Print Name: z- Expires 0712312010 My Commission Expires: 0 7 s 3 a o/ a Exhibit "B" Floor Plans and Elevations LJ C7 AQUALEA RESORT AND RESIDENCES CLEARWATER BEACH, FLORIDA A NJR RESORT DEVELOPMENT PROJECT NJR RESORT DEVELOPMENT,LLC OWNER DAVID L. WALLACE & ASSOCIATES, P.A. ARCHITECTS C • -M ZOMNO PLAN era?neiw PARKING U33M mw R.rt?NmlAf.ImA A ?nmmiw wmee e xga?vAeu?n m 70TH PARKING m °W C • 1 " el r//// PAFMNOILOBBY LEVEL 1 FLOOR PLAN P 9TAP/AP?T-0' HEV.?Pd P1AVdb'd7 v • • rm- = Licam ?. Mma ? wur nm?c a TOTAL PAU NG 7Si HOTEL LEVEL 2 FLOOR PLAN aCu.EVrc.w aEV..1ra q1 4 q q q p q T T Q q • PARI?7G 1E@m mua nanusaen?n m wnui maow?oo a xan?vannoeaio - TOTAL PARKING 753 PARKING/OONOOMINIUM LEVEL 3 FLOOR PLAN WAMi r-?T EM,2 -0t•PAR.J•tK) flIMIEVa Y P-.? .0 PARK,iNG lgLglp mwr ?t.mnom? I ?.'.R RTm YA?q n pow ?vnn.•emc TOTAL PARKD4G 7S3 4? ii ii ® L l ii I. I I II1 i I ;I I I ? !f R._.r. -. _i..L --I I II ! I it II II II II li b? T V i q 4 qj 4 4 4 0 ! UNR 0.t w j n. I ?... I j .,. ... - I j e, .? - . w j .. j I ---0 I ® - - - _ --o I y I I ONDO i I tp,IR col tI I _ Iw l Q I ?o. w I i ?, I ?--- 7"= - rt -R? i I ? I -- - - - . - - - - - ' --? e _ I UNIT - --- - - - I - I i i. w i I PAPJUNG/CONDOMINIUM LEVEL4 FLOOR PLAN Sl?tltFa ra HEV..BPJ'PAtiRIMt .T'.iP OAWDId01RA1 lRVEL 0 PARING !E@7{7 mun noermmwvma wMR mlm aMtn DO n nots?rucntoohc m TOTAL PAR/N!G 753 PARKING%CONDOMIMUM LEVELS FLOOR PLAN scu?tne=ta aav..aaoaevtc.eP•roott?,. a • 1-1 . PARgtiG IEBJD mart nmcdmmamso+ emuemoaoamsao v xma?vwnamc m PARI4NG/CONOOMINIUM LEVEL 6 FLOOR PLAN ecuevis-ra HEV.?6r,T PAAgNO +6N?CDlIDObMIAIIEyg. r t 1 C J PARKPK. IEGBJD mun nmcnmoarmM so wwat m?eo o.?vu a xma?vvenacw iOTM PARgNG 75.i 4 F LOOR LEVEL 7 ' p NtiPLAN srw?t?•ra ?v..w? r -® • PARKM ILCEKD ?.„ -Kml sm. -w ravhmeoo sm eo e noia.eua nmmw m Toro PARKM 753 PC! NO/SPA LEVEL B FLOOR PLAN CONDOMIMUM LEVEL 7 FLOOR PLAN e?etna.ra vnwawatEVaee?v..ear COMDOI Le4MTE E . ecnr • I ?? P q T I .j A-2 A-2 A-2 A-2 A-2 A.2 A-2 A-2.1 A,2.1 - A-2 i -2 A-2 A-2 ®------? ly ,74 ? - 1I I , --- i I, i I? I N? I ,I •2AS A-2.1 A-2.1 A• -? ---I i '------'--© --?-----I-------I•-- -------? HOTEL LEVEL 8 FLOOR PLAN BONt1Mr-W 9rv..?po r • 7 I?T T T T T T _ i Gs A-1 A-1 A-1 A•1 A-1 A-1 A-1 8-2E? ii 1 l i ? I ? I I I ? A3 a 19 ?I G1 at at a1 I I - 9G1 A-1 A•1 A-1 A-1 A•1 62 E .. HOTEL LEVEL 9 FLOOR PLAN sauetnr.re Em..srar a 0 • TT T T T T T?T T T T T T j - .1 &2 A-1 41 A-, A-, ? AM 1.:?E ? I c-, - - - ------- M ?- I I ? I Ai -- _ -O ir- -? - -- ?- I I &1 I E- _ I I I r---? o-- A•1 A-1 Al A-, B- MOTU LM U io FLOOR aLAr s • • T T T T T T T?T 41 e-2 M1 M1 M1 4D-- --L i - I L C-1 T T T T T - -------o M1 ? ? 1 g.2E ? ? ? I 'I?- i I I I I I I -TII -_-? fJF? i I I I I C-1 8.1 I I - Gt AM I F r----m HOTEL LRU I I FLOOR PLAN ea?E+n?•ra atv..?ma IT, y • • T T T T?T T 1 T T p T- f o-- -j ± - - - - - ---o i - G1 62 A-1 A•1 A-1 A-1 A-1 r A•1 B-2E r I I I I _ I G, 0-1 B•1 B-, C-2r A-3 -?I Np, 674 0.1 a-, ? I 'I I G® B-2 &I I A-1 &2E m-- - -? -1-x-11 _- - - 1 I HOTEL LEVEL 12 FLOOR PLAN 'rAMMr•Yd BEY..116'8 a • • Gt &2 A-1 A-1 A-1 A-1 A-1 FA-1 B,2E III i i -? - - - I I G1 &1 IIII - I I I _ - I II -I 61 6-2 hw? 1 A+ 1e A-1 A•1 B? i• -?1---_-?-- T? _ - -_ --_- --_ l HOTEL LEVEL 14 FLOOR PLAN WAMVW-1W aEV..I=r Y • o ? Q q 9? - P ?- ---'-= ?i- - - - - - - - I 1 j - G1 B-2 A-1 I I I I I j I I ?j v i iTi I I I i I i I I I I F I i ®---I? I -- I I - I ---- I I I --?-? - I - - +- - ? ! T ' i I I { I { ? . l i j j I I ?' I ! I I I I j I I I { i I j I I I ? I { - 14t 8.1 &, &1 { I I { I I 1 A-I l i i I i! j l I j o - -? -a- - - -4.4-+-4--1--4-- - 4--4--4 bl ? o d ?d b l b d l? 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I I I I o- I f .f I I t l j i i f I - ?: I I--I I- - -- - i i I III I ----?? - ?r - - - - - - --lam EO i ?-• E[] - I --; -- T. T: Ell ®I- ® ---- ® I® Ell CD, w +a 7L4, Publb PaecYlp? ® ?® - - - -? - _ G LL. J I I I -' I I J! J I i IJ ' I l earls L velb¢? a aseoeleten. Re. A?JR AQUALEA RESORT AND RESIDENCES ( ? w-a.oaox..f...m dFARWATBt BECK ROWk m.?ae.eooo +. msn.s>.s of i I ti E_ - ?11 -i- T 6 _TT I I 7T C l I _ - _ l ' - _ I i 12 EAST ELEVATION m zunor • i A-9.0 0 • Aav10 & waltaea A aaao." toa 4. P I I ... ..... ....a.a d NvJR AQUA.EA RESORT AND RESIDENCES a ... .e.?o? aEAMT ieE64K RQ%M A-9 01 7"ft&Aa L1ll.rS as m r . C? 0 • Exhibit "H" Beach Walk Public Improvements • 9 i \ f1 S H??'H?H?p?Ha a?H?Hyg9H?H{f?,H?H 3 1-?r RIF ro I T C cmom"Ovk 11 ?1i?_ 0 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, February 20, 2007 10:12 AM To: 'nicholas fritsch' Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Quillen, Michael; Akin, Pam Subject: RE: 229 301 Gulfview Nick - The focus of this amendment is the elimination of the pedestrian overpass and its replacement with a crosswalk, and the replacement of the concession facility from the pedestrian overpass landing to a freestanding building. The following responses have been provided with the assistance of Mike Quillen, City Engineer, and Pam Akin, City Attorney. FLD 1. There are six 10' crosswalks and three 14' crosswalks. The one at the Hyatt is signalized. 2. Aesthetics- It was to be on the second floor and with the flood zone requirements it would have been over 30' in the air. Costs- City would have been responsible for reimbursing construction costs. Permitting- Potential ADA requirements for an elevator on the beach side would have made permitting difficult. If permittable, maintenance of an elevator in the sand conditions would have been difficult. 3. South Beach & Sand Key traffic should be using Coronado. S. Gulfview by design is supposed to be slow traffic. DVA 1. (Mike Quillen) I'm not sure what all change order costs you mean. I don't think we had any additional regulatory issues because of changes to the DVA. (Pam Akin) None of these provisions are changed by the amendment. 2. This is not required by the agreement. 3. The City will participate on beach umbrellas and chairs etc., since it will go to an outside concession. This was a result of the negotiations. Wayne -----Original Message----- From: nicholas fritsch [mailto:nfritsch@tampabay.rr.com] Sent: Monday, February 19, 2007 9:46 AM To: Wells, Wayne Subject: 229 301 Gulfview FLD How many ped crosswalks are being built along Gulfview N of Hamden? What is the benefit to the city to eliminate the ped bridge? How do we explain this additional ped volume and less efficient flow of vehicle traffic to the city residents on South Beach and Sand Key? DVA It appears that the developer is paying for all of the change order constr. costs? True? Should the developer reimburse the city for staff hours to work thru the regulatory agencies? Why isn't the city benefiting from the sharing in concession the revenues in the identical manner to Pier 60? Thanks Nick 2/20/2007 .:i Page 1 of 2 Wells, Wayne From: Akin, Pam Sent: Tuesday, February 20, 2007 9:56 AM To: Wells, Wayne; Quillen, Michael Cc: Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: 229 301 Gulfview Wayne, several of these questions do not appear to relate to the amendment before the Board Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Wells, Wayne Sent: Tuesday,. February 20, 2007 9:05 AM To: Quillen, Michael; Akin, Pam Cc: Delk, Michael; Clayton, Gina; Thompson, Neil Subject: FW: 229 301 Gulfview Mike and Pam - These questions are from Nick Fritsch, CDB member, needing answers for the CDB meeting at 1:00 pm today. Mike - Could you please provide responses to at least the FLD questions? Pam - Could you please provide responses to at least the DVA questions? If either of you have information regarding the other set of questions (Mike - DVA; Pam - FLD), feel free to comment. PLEASE PROVIDE THE RESPONSES TO ME ASAP (NO LATER THAN NOON) AND I WILL REPLY TO MR. FRITSCH (it may be by email and verbally at the meeting). Thanks for your help. Wayne -----Original Message----- From: nicholas fritsch [mailto:nfritsch@tampabay.rr.com] Sent: Monday, February 19, 2007 9:46 AM To: Wells, Wayne Subject: 229 301 Gulfview FLD How many ped crosswalks are being built along Gulfview N of Hamden? What is the benefit to the city to eliminate the ped bridge? How do we explain this additional ped volume and less efficient flow of vehicle traffic to the city residents on South Beach and Sand Key? DVA[Akin, Pam] None of these provisions are changed by the amendment It appears that the developer is paying for all of the change order constr. costs? True? Should the developer reimburse the city for staff hours to work thru the regulatory agencies?[Akin, Pam] This is not required by the agreement Why isn't the city benefiting from the sharing in concession the revenues in the identical manner to Pier 60?[Akin, Pam] The City will participate on beach umbrellas and chairs etc since it will go to an outside 2/20/2007 ,d7 A 9 0 0 Page 2 of 2 concession. This was a result of the negotiations. Thanks Nick 2/20/2007 V . • 0 Page 1 of 2 Wells, Wayne From: Quillen, Michael Sent: Tuesday, February 20, 2007 9:47 AM To: Wells, Wayne; Akin, Pam Cc: Delk, Michael; Clayton, Gina; Thompson, Neil Subject: RE: 229 301 Gulfview FLD: 1. There are six 10' crosswalks and three 14' crosswalks. The one at the Hyatt is signalized. 2. Aesthetics- it was to be on the second floor and with the flood zone requirements it would have been over 30' in the air. Costs- City would have been responsible for reimbursing construction costs. Permitting- Potential ADA requirements for an elevator on the beach side would have made permitting difficult. If permittable, maintenance of an elevator in the sand conditions would have been difficult. 3. South Beach & Sand Key traffic should be using Coronado. S. Gulfview by design is supposed to be slow traffic. DVA: I'm not sure what all change order costs he means. I don't think we had any additional regulatory issues because of changes to the DVA. Michael D. Quillen, P.E. Director of Engineering City of Clearwater michael.quillen@myclearwater.com 727-562-4743 -----Original Message----- From: Wells, Wayne Sent: Tuesday, February 20, 2007 9:05 AM To: Quillen, Michael; Akin, Pam Cc: Delk, Michael; Clayton, Gina; Thompson, Neil Subject: FW: 229 301 Gulfview Mike and Pam - These questions are from Nick Fritsch, CDB member, needing answers for the CDB meeting at 1:00 pm today. Mike - Could you please provide responses to at least the FLD questions? Pam - Could you please provide responses to at least the DVA questions? If either of you have information regarding the other set of questions (Mike - DVA; Pam - FLD), feel free to comment. PLEASE PROVIDE THE RESPONSES TO ME ASAP (NO LATER THAN NOON) AND I WILL REPLY TO MR. FRITSCH (it may be by email and verbally at the meeting). Thanks for your help. Wayne -----Original Message----- From: nicholas fritsch [mailto:nfritsch@tampabay.rr.com] Sent: Monday, February 19, 2007 9:46 AM 2/20/2007 10 !3 - Page • i 2 of 2 To: Wells, Wayne Subject: 229 301 Gulfview FLD How many ped crosswalks are being built along Gulfview N of Hamden? What is the benefit to the city to eliminate the ped bridge? How do we explain this additional ped volume and less efficient flow of vehicle traffic to the city residents on South Beach and Sand Key? DVA It appears that the developer is paying for all of the change order constr. costs? True? Should the developer reimburse the city for staff hours to work thru the regulatory agencies? Why isn't the city benefiting from the sharing in concession the revenues in the identical manner to Pier 60? Thanks Nick 2/20/2007 r? Wells, Wayne From: Wells, Wayne Sent: Friday, February 16, 2007 7:38 AM To: Hollander, Gwen Subject: Hyatt Development Agreement Gwen - don't know if you need it, but attached is the electronic version of the proposed Development Agreement. Wayne IPJ iecond Amendment to Developmen... 9 0 ORIGINAL CDB Meeting Date: February 20, 2007 Case Number: DVA2007-00001 (Related to FLD2007-0 100 1) Agenda Item: F2 (Related to E4) Owners/Applicant: Crystal Beach Capital, LLC Representative: Stephen J. Szabo, III Addresses: 229 and 301 South Gulfview Boulevard and 230. 300 and 304 Coronado Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004- 00002 approved by City Council on December 2, 2004, and amended under DVA2004-00002A, approved by City Council on January 19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Community Redevelopment District (CRD) USE CATEGORY: BEACH BY DESIGN Beach Walk CHARACTER DISTRICT: PROPERTY USE: Current Use: Vacant (under construction) Proposed Use: Hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of 70,000 square feet (0.98 FAR on total site) of amenities accessory to the hotel, at a height of 150 feet (to roof deck) EXISTING North: Tourist (T) District Vacant, Overnight Accommodations SURROUNDING ZONING and Retail Sales/Restaurants AND USES: South: Tourist (T) District Retail Sales and Restaurant East: Tourist (T) District Overnight Accommodations and Restaurant West: Open Space/Recreation Beach (OS/R) District ANALYSIS: Site Location and Existing Conditions: The 1.56 acres is located between South Gulfview Boulevard and Coronado Drive at Third Street. The original site was 1.63 acres, but the dedication of 10 feet for Coronado Drive reduced the site size to 1.56 acres. The Community Development Board (CDB) originally approved this project on February 20, 2001, under Cases FL 01-01-01 and DA 01-01-01, permitting a 250-room hotel. On November 16, 2004, Community Development Board - February 20, 2007 DVA2007-00001 - Page 1 of 3 • • the CDB approved Case FLD2004-07052, adding 24 rooms to the hotel and converting those additional rooms to 18 attached dwellings. The subject property is currently vacant but is under construction with the proposed building. Property to the north is approved for the Kiran Grand mixed use project. Improvements on portions of that property to the north have been demolished and are currently vacant, whereas other improvements still remain. The owners of the Kiran Grand have dedicated the right-of-way for Second Street, which will be on the north side of this property. Properties to the east are developed with overnight accommodation uses and a restaurant. The parcel to the south is developed with restaurant and retail sales uses. Beach Walk improvements to Coronado Drive are currently being completed, while construction of Phase 2 improvements to South Gulfview Boulevard are slated to begin construction soon. Development Proposal: The development proposal includes a companion Flexible Development application to eliminate a pedestrian overpass over South Gulfview Boulevard (FLD2007-01001). Development Agreement: The proposed Development Agreement amends the Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City Council on December 2, 2004, and amended under DVA2004-00002A, approved by City Council on January 19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard, including the following main provisions: ? Amends the definition of "garage access improvements" to eliminate reference to the pedestrian overpass; ? Amends Paragraph 7 of Section 5.04 by referencing the location of a concession facility as shown on Exhibit H rather than as part of the beach landing portion of the pedestrian overpass. This paragraph deals with the size (1,200 square feet maximum), design characteristics and operation of the concession facility; ? Amends Paragraph 11 of Section 5.04 by deleting entirely the existing language and replacing it with the requirement of the Developer to design, construct and fund the Garage Access Improvements. The City will grant an easement for the construction, use and occupancy of the Garage Access Improvements; ? Replaces the floor plans and elevations in the recorded Development Agreement with new floor plans and elevations, based on the Minor Revisions approved in January 2007 and by eliminating the pedestrian overpass; ? Amends the Approvals and Permit Lists of Exhibit "G" of the Development Agreement to reflect the elimination of the pedestrian overpass with the proposed concession facility; ? Replaces in its entirety Exhibit "H" of the Development Agreement dealing with Beach Walk Public Improvements; and ? Amends the License Agreements of Exhibit "K" of the Development Agreement by deleting references to the "Elevated Beach Access Facility". The Community Development Board (CDB) has been provided with the most recent Development Agreement. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. Community Development Board - February 20, 2007 DVA2007-00001 - Page 2 of 3 0 0 SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of February 1, 2007, 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: 1. That the 1.56 acres is located between South Gulfview Boulevard and Coronado Drive at Third Street; 2. That the property is located within the Tourist (T) District and the Community Redevelopment District (CRD) Future Land Use Plan category; 3. That the Community Development Board (CDB) originally approved this project on February 20, 2001, under Cases FL 01-01-01 and DA 01-01-01, permitting a 250-room hotel; 4. That on November 16, 2004, the CDB approved Case FLD2004-07052, adding 24 rooms to the hotel and converting those additional rooms to 18 attached dwellings; 5. That the project is currently under construction; 6. That the proposal is for the elimination of the pedestrian overpass on South Gulfview Boulevard; 7. That the proposal provides for an alternative concession facility as a freestanding building rather than as part of the beach landing portion of the pedestrian overpass; 8. That the proposal replaces the floor plans and elevations in the recorded Development Agreement with new floor plans and elevations, based on changed conditions; and 9. That the proposal updates language in the Development Agreement consistent with the elimination of the pedestrian overpass. Conclusions of Law: 1. That the Development Agreement implements and formalizes the requirements for the related site plan proposal (FLD2007-01001); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; and 3. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design. Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City Council on December 2, 2004, and amended under DVA2004-00002A, approved by City Council on January 19, 2006) for the sites at 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. Prepared by Planning Department Staff: /?I , " Wayne . Wells, AICP, Planner III ATTACHMENTS: ? Development Agreement with Exhibits ? Location Map ? Aerial Map ? Zoning Map ? Existing Surrounding Uses Map ? Photographs of Subject Site and Surrounding Area S: (Planning DepartmentlC D BIFLEX (FLD)IPending cases) Up for the next CDBIDVA2007-00001 Gulfview S 0301 Hyatt.Aqualea (7) - 2.20.07 CDB - WMGulfview S 301 Development Agreement Staff Report.doc Community Development Board - February 20, 2007 DVA2007-00001 - Page 3 of 3 • Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 warn e.wells(a,myclearwater.com PROFESSIONAL EXPERIENCE • Planner III Planning Department, City of Clearwater, FL 0 November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; Reviewed building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director; Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site plans and building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; As in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code Enforcement Board; Investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; Reviewed final site plans and building permits for Code enforcement; Assisted in.preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). 0 1 0 • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information and Data Book; Drafted ordinance revisions; General research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1 %2 years; Worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section 0 0 NE KENDALL N°11b ? ND 0 ?2 C M BAY ? ESPLANADE rpN $ 1 ? SE pD oauwnv ? SW P c BAYMONT BT SbFF PaK( a M d y l t ?ryN PDINT g O i PAPAYA ST g CRY PASSAGE t D > ?• g Rai O c??we Bna` "-? WINDWARD p SAD I PROJECT SR 0 FIO ST SITE O y D DR ,Q ST g O o ?L U m BRIOM7 WATER DR a F11,, ST OW BAYSIDE DR BLVD LVD B Location Map 2007-01001 Owner: Crystal Beach Capital, LLC Case: V DV A2007-00001 229 and 301 South Gulfview Boulevard Property 1 63 Site: 230, 300 and 304 Coronado Drive size(Acres): . 07/29/15/52380/000/0570 PIN: 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Atlas Page: 276A • • ' rJ ? ? ;T 1 1R <,. r J J i +t Frt Ilk tt ? ? ? r a • '. e • 7411i i ` j • ` ?. I `• E 1 f? amp -now q c r r 40 • ^ s Aerial Map Owner: Crystal Beach Capital, LLC Case: FLD2007-01001 DVA2007-00001 Site: 229 and 301 South Gulfview Boulevard Property 1.63 230,300 and 304 Coronado Drive Size(Acres): 07/29/15/52380/000/0570 PIN: 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Atlas Page: 276A • • l 1___ loo i j 0 88 FIRST ST 10.5 a€- I 1 s 1---_ __ 1 M \ 91? 1 1 1 ? -.-.? I ?\ \\ 11 rf 1 100 1, I 1 0 1 1 f ?? I f 1 213 5__I V 217 :.. L.Stlgr ~ ,,Zy --- - 1 _ 1 -f L ar3 ? 219 ------ 16 J, I 1 \ -7, ' - - f 1---_ X14 r- ; , P 1 ?N 4y 228 1 1 \_ _L---- • 0 L_- OSA? r -__-_? THIRD ST ;301 - 1 ----- 1 1 3 _ 251 f LI - r 300, _ --r 1 _ j 30s 1 1 ! I 309--? r f 3 1 r 1 1 3ta ?_? r l.Y?} _ 311 I ! 1 t ^I P 315 1 ! 3.6 t j_ - r rl 319 L___I 7 l- f220 3?9 1 M _ _ 1 1 1 ._.- 1 r? _? / '? I 1 1 3? 11 1 r t }I1i i / I 1 ? 1?1 h I ? J 1'-r 330 1 I .._ - 1 1rr - ; 1 ? I -_? - 33 ? 1 4 1-- 1 I ? i 1 fi i`-` ? ? ?l o Y ? f 1 jl Zoning Map FLD2007-01001 Owner. Crystal Beach Capital, LLC Case: DVA2007-00001 229 and 301 South Guifview Boulevard Property Site: 230,300 and 304 Coronado Drive Size(Acres): 1.63 07/29/15/52380/000/0570 PIN: 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Atlas Page: 276A 0 0 1 1 ---! 1_ -- 100 1 f 1 88 FiRSr S r 105 90- - i 1 1 Iy' I M \ 9? ? 1 t i t ? o ---J 1 oil ninodatio co l ? 1 1 4 t --i 1-- 213 S o Ovetn ht L S« , . a 21a `-- - acco1 ddati s t t4--? I 219 - ===216 i 1 _ . p 21 r , t 20 ( l ki t Ci ty par ng o 1 , w 429 O 1 C , y__ _y it and beach 11 , 23f1 Q ., 1 MIRD Sr '301 ---- 1 , _ 3 _ 251 - 1 301 1' ` 1 O ernig 3-,' a r im d4tions ? I 312 e 'thurant'Ret it 315 T j 316 316 _1 319 7 1- 39_ 1 1 i _- 1 -`t 1 1 1 3* 1l 1 1 ` l 1 1 1 '- Semi 1 Off , a comnj I odphon cc // 14d#tio s 330 1 1 _ 11 1 ~ 1 1 ? I - r- __I r?, trr , 1 ! "'_ 11 I 1 Existing Surrounding Uses Map FLD2007-01001 Owner: Crystal Beach Capital, LLC J Case: DVA2007-00001 229 and 301 South Gulfview Boulevard Property 1 63 Site: 230,300 and 304 Coronado Drive Size(Acres): . 07/29/15/52380/000/0570 PIN: 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Atlas Page: 276A Wells, Wayne From: Wells', Wayne Sent: Tuesday, February 06, 2007 7:33 AM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall-Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLD2007-01 001 /DVA2007-00001, 301 S. Gulfview Blvd. - Hyatt DRC.members - Plans/documents have been resubmitted for the above referenced applications. A copy of the revised plans/documents have been placed on the cabinets outside of Rm 216 (do not.take a copy). Since this is on a fast-track to the CDB (February 20th) and City Council (March 1 st), please review these plans/documents by noon on Wednesday, February 7, 2007. Please let me know when you have completed your review. If something can be made as a condition of approval, mark it such in Permit Plan as such. Thanks. Wayne 11:00 am Case Number: DVA2007-0001 -- 301 S GULFVIEW BLVD ' I Owner(s): Crystal Beach Capital Llc 101 E Kennedy Blvd Ste 2125 ?' * O Tampa, F133602 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Stephen J Szabo, Iii 100 North Tampa Street Tampa, F133602 TELEPHONE: 813-225-4193, FAX: 813-221-4210, E-MAIL: sszabo@foley.com Location: 1.63 ACRES LOCATED BETWEEN SOUTH GULFVIEW AND CORONADO DRIVE AT THIRD STREET Atlas Page: UNK Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City Council on December 2, 2004, and amended under DVA2004-00002A, approved by City Council on January 19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard. Proposed Use: Mixed use Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: CITY: WAYNE WELLS, NEIL THOMPSON, SCOTT RICE, STEVE DOHERTY, JIM KELLER APPLICANT: CHRIS BASTAS The DRC reviewed this application with the following comments: General Engineering: 1 . See FLD2007-01001 conditions. Environmental: 1 . No issues. Fire: No Comments Harbor Master: 1 . No issues. Legal: 1 _ No issues. Land Resources: No Comments Landscaping: I , No issues. Parks and Recreation: No Comments Stormwater: 1 . See FLD2007-01001 conditions. Solid Waste: No Comments Traffic Engineering: 1 . See FLD2007-01001 conditions. Planning: Development Review Agenda - Thursday, February 1, 2007 - Page 5 I . Revise the parcel numbers on Page 1 of the application to: 07/29/15/52380/000/0570; 07/29/15/52380/000/0580; and 07/29/15/52380/000/1050. 2. The parcel size is listed on Page 1 of the application as "approximately 1.56 acres." Unclear as to what "approximately" means. Additionally, under the prior applications for this site, the parcel size was listed as 1.63 acres. The square footage of the parcel previously submitted was 71,068 square feet (the FLD application states the parcel size is "approximately 67,950 square feet). Why the discrepancy?- 3. Page 1 of the application requests the legal description of the property. The application states: "See Exhibit A attached hereto." There is no Exhibit A attached. Provide. 4. Exhibit B - Revise Sheet A-3.00 to show more of the Beach Walk project on the left hand (west) side of the sheet, showing the entire concessions building (such is shown on Sheet A-3.00 submitted for the Minor Revision). Other: No Comments Notes: SCHEDULED FOR THE FEBRUARY 20, 2007, CDB MEETING AND MARCH 1, 2007, CITY COUNCIL MEETING. Development Review Agenda - Thursday, February 1, 2007 - Page 6 0 T)V, f-? Case Number: DVA2007-00001 -- 301 S GULFVIEW BLVD • Owner(s): Crystal Beach Capital Llc 101 E Kennedy Blvd Ste 2125 Tampa, 2 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Stephen J Szabo, Iii caoft "dwAt 100 North Tampa Street Tampa, F133602 TELEPHONE: 813-225-4193, FAX: 813-221-4210, E-MAIL: sszabo@foley.com Location: 1.63 ACRES LOCATED BETWEEN SOUTH GULFVIEW AND CORONADO DRIVE AT THIRD STREET Atlas Page: UNK Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City Council on December 2, 20.04, and amended under DVA2004-00002A, approved by City Council on January 19, 2006) to eliminate a pedestrian overpass over South Gulfview Boulevard. Proposed Use: Mixed use Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: CITY STAFF: WAYNE WELLS, NEIL THOMPSON, SCOTT RICE, STEVE DOHERTY, JIM KELLER APPLICANT: STEPHEN SZABO The DRC reviewed this application with the following comments: General Engineering: i . See FLD2007-01001 conditions. Environmental: No issues. Fire: . No Comments Harbor Master: 1 . No issues. Legal: 1 . No issues. Land Resources: No Comments Landscaping: I . No issues. Parks and Recreation: No Comments Stormwater: 1 , See FLD2007-01001 conditions. Solid Waste: No Comments Traffic Engineering: 1 . See FLD2007-01001 conditions. Planning: Development Review Agenda - Thursday, February 1, 2007 - Page 9 6 1 . Revise the parcel numbers on Page 1 of the application to: 07/29/15/380/000/0570; 07/29/15/52380/000/0580; and 07/29/15/52380/000/1050. 2. The parcel size is listed on Page 1 of the application as "approximately 1.56 acres." Unclear as to what "approximately" means. Additionally, under the prior applications for this site, the parcel size was listed as 1.63 acres. The square footage of the parcel previously submitted was 71,068 square feet (the FLD application states the parcel size is "approximately 67,950 square feet). Why the discrepancy? 3 . Page 1 of the application requests the legal description of the property. The application states: "See Exhibit A attached hereto." There is no Exhibit A attached. Provide. 4. Exhibit B - Revise Sheet A-3.00 to show more of the Beach Walk project on the left hand (west) side of the sheet, showing the entire concessions building (such is shown on Sheet A-3.00 submitted for the Minor Revision). Other: No Comments Notes: SCHEDULED FOR THE FEBRUARY 20, 2007, CDB MEETING AND MARCH 1, 2007, CITY COUNCIL MEETING. Development Review Agenda - Thursday, February 1, 2007 - Page 10 C Wells, Wayne From: Hollander, Gwen Sent: Friday, January 26, 2007 8:54 AM To: Wells, Wayne; Gilmore, Stephanie; Elmore, Nicole Cc: Diana, Sue Subject: RESOLUTION NO. 07-07 - DVA2007-00001 eEi? 07-07.doc Attached is Resolution 07-07 for the Hyatt, aka Aqualea. RESOLUTION NO. 07-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CRYSTAL BEACH CAPITAL, LLC F/K/A BEACHWALK RESORT, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of amending the Development Agreement with Crystal Beach Capital, LLC f/k/a Beachwalk Resort, LLC that was adopted by the City Council on December 2, 2004, by Resolution No. 04-35 and First Amendment to Development Agreement was adopted on January 19, 2006, by Resolution 06-06; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Second Amendment to the Development Agreement between the City of Clearwater and Crystal Beach Capital, LLC. a copy of which is attached as Exhibit "A" is hereby approved. Section 2. The City Clerk is directed to record the Amendment to the Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than, fourteen (14) days after the agreement is executed. The applicant for the Development Agreement shall bear the expense of recording the amendment. Section 3. The City Clerk is directed to submit a recorded copy of the Amendment to the Development Agreement to the State of Florida Department of Community Affairs no later than fourteen (14) days after the Amendment to the Development Agreement is recorded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Approved as to form: Pamela K. Akin City Attorney 2007. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution No. 07-07 Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, January 25, 2007 1:30 PM To: Wells, Wayne Subject: RE: Hyatt FLD and DVA, 301 S. Gulfview Boulevard No, I did not have any comments. These appear to be pretty straightforward. Thanks for asking! Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4018 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Wells, Wayne Sent: Thursday, January 25, 2007 1:01 PM To: Dougall-Sides, Leslie Subject: Hyatt FLD and DVA, 301 S. Gulfview Boulevard Leslie - We recently sent to you the FLD2007-01001 and DVA2007-00001 cases regarding changes at the Hyatt project. Due to this project being fast-tracked to the February 20, 2007, CDB meeting and March 1, 2007, City Council meeting, I need to send out draft DRC comments later today. Do you have any comments on either the FLD or DVA cases? Wayne • Wells, Wayne From: Wells, Wayne Sent: Friday, January 19, 2007 1:32 PM To: Gilmore, Stephanie; Elmore, Nicole Cc: Watkins, Sherry Subject: FLD2007-01001 and DVA2007-00001, 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive (Hyatt, aka Aqualea) Stephanie/Nicole - I know Sherry just brought over the information regarding the above cases for the February 20, 2007, CDB meeting. The parcel numbers on the applications are incorrect. The proper parcel numbers are: 07/29/15/52380/000/0570 07/29/15/52380/000/0580 07/29/15/52380/000/1050 Thanks. Wayne A • Wells, Wayne From: Wells, Wayne Sent: Friday, January 19, 2007 11:16 AM To: Albee, Rick; Bertels, Paul; Buszewski, Justyna; Buysse, Beverly A.; Buzzell, William; Chesney, Ed; Clayton, Gina; Doherty, Steve; Dougall-Sides, Leslie; Elbo, Bennett; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Maran, Robert (Bob); Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Schodtler, John; Shoberg, Elliot E.; Tefft, Robert; Thompson, Neil; Vo, Phuong; Watkins, Sherry Cc: Delk, Michael; Clayton, Gina; Thompson, Neil Subject: FLD2007-01001 and DVA2007-00001, 301 S. Gulfview Boulevard DRC Members - Sherry will be distributing to you today the above referenced cases. This is the Hyatt/Aqualea project. The purpose of these applications is to eliminate the pedestrian overpass over S. Gulfview Blvd., replacing it with an at-grade crossing to allow people who park in the Hyatt parking garage (400 public parking spaces) to access the beach and Beach Walk. These applications are NOT following normal time frames. These applications will be on the February 1, 2007, DRC agenda. HOWEVER, these cases are being scheduled for the February 20, 2007, CDB meeting. Soooo...I need for you to review these applications as soon as possible and let me know if there are problems with the application (I know of at least one - need to submit a survey). I need to be working on the Staff Report for these cases for the CDB (with the DVA Resolution scheduled for the March 1, 2007, City Council meeting). Please have your comments in Permit Plan by 9 am, January 25, 2007, so that the comments can be discussed at the Pre-DRC meeting that morning, so that I can get them to make the necessary changes and resubmit for the CDB and City Council meetings in a timely fashion. If you have any questions, feel free to call me or come by. Thank you in advance for working quickly on these applications. Wayne • Wells, Wayne From: Akin, Pam Sent: Thursday, January 18, 2007 3:53 PM To: Wells, Wayne Cc: Dougall-Sides, Leslie; Delk, Michael Subject: RE: Hyatt Development Agreement ok with me Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Wells, Wayne Sent: Thursday, January 18, 2007 2:40 PM To: Akin, Pam Cc: Dougall-Sides, Leslie; Delk, Michael Subject: Hyatt Development Agreement Importance: High Pam - Could you please let me know if the following language is correct for the amended Hyatt Development Agreement, as I have to have this over to the Clerk's office later today for the CDB agenda advertising?: Review of, and recommendation to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously DVA 2004-00002 approved by City Council on December 2, 2004, and amended under DVA2004-00002A, approved by City Council on January 19, 2006). Wayne Pinellas County Property Apto ser Information: 07 29 15 52380 000 W Page 2 of 5 07 29 15 / 52380 000 / 0570 19-Jan-2007 Jim Smith, CFA Pinellas County Property Appraiser 13:24:39 . Ownership Information Uacant Property Use and Sales CRYSTAL BEACH CAPITAL LLC OBK: 14120 OPG: 1340 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602-5189 COMBO IN PROCESS EVAC: A EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract; 260.02 2004 2005 l f - : sa es rom 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 2 /2,005 14,120/1,340 18,500,000 (M) I 1925: Book 013 Pgs 012-013 8 /2,004 13,757/1,584 3,250,000 (M) I 0000: Book Pgs - 0 /1,965 2,162/ lit 562,500 (U) I 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 2006 Value EXEMPTIONS Just/Market: 2,550,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 2,550,000 Institutional Exem: NO Tax Exempt .000 Historic Exem: a Taxable: 2,550,000 Agricultural: 0 2006 Tax Information District: CW Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 55,498.20 1) too x 200 i 50.00 20, 000. 00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be : 5) 0 x 0 .00 .00 55,498.20 6) 0 x D .00 .00 Without any exemptions, 2006 taxes will be 55, 498.20 Short Legal LLOYD-WHITE-SKINNER SUB LOTS 57 & 104 & S 20FT OF Description LOTS 56 & 103 LESS E 10FT OF LOT 104 & LESS E 10FT Building Information http://l 36.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Ap raiser Information: 07 29 15 52380 000 80 07 / 29 115 1 52380 / 000 10570 19-Jan-2007 Jim Smith, CFA Pinellas COunty Property Appraiser 13.24.39 Vacant Parcel Property Use; 000 Land Use; i0 Page 3 of 5 VacarIT ExTra F4-- 21'tur(-- s Description Dimensions Price Units Value RCD Year 1) 00 0 0 0 0 2) .00 0 0 0 0 3) 00 0 0 0 0 4) .00 0 0 0 0 5) 00 0 0 0 0 6) .00 0 0 0 .0 TOTAL RECORD VALUE; 0 Map With Property Address (non-vacant) F*1 Filop. Ft-I F+_I 101 Fq http:// 136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 ti Pinellas County Property Aptser Information: 07 29 15 52380 000 1 60 %1? 03RO --S-mwqT " ' If &W li ?w Bmft C) Page 4 of 5 bT u01 C OF RNADO 309 ,'DROR,?DO 311 ? f, GULFIVIE?F BLVD CORONADO 316 'R t`J 3 7?- 1 ] CDR NADO ?- 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 T Pinellas County Property Appraiser Information: 07 29 15 52380 0000 Pinellas County Property Appraiser -.Y Parcel Information Page 5 of 5 http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Appser Information: 07 29 15 52380 000 1Q5O Page 2 of 5 ` 07 / 29 15 I 52880 000 I 0580 19-Jan-2007 Jim Smith, CFA Pinellas County Property Appraiser 13:23:50 Ownership Information Uacant Property Use and Sales CRYSTAL BEACH CAPITAL LLC OBK: 14120 OPG: 1340 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602-5189 COMBO IN PROCESS EVAC: A EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: .00 sales fr 2004 - 2005 om : 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 2 /2,005 14,120/1,340 18,500,000 (M) I 1925: Book 013 Pgs 012-013 8 /2,001 11,506/ 933 1,252,000 (Q) I 0000: Book Pgs - 0 /0 0/ 0 0 { ) 0000: Book Pgs - 0 /0 0/ 0 0 { ) 2006 Value EXEMPTIONS Just/Market: 2,103,800 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 2,103,800 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 2,103,800 Agricultural: 0 2006 Tax Information District: CU. Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 45,787.10 1) 120 x 110 150. 00 16,500. 00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be 5), 0 x 0 .00 .00 45, 787. 10 6) 0 x 0 . 00 00 Without any exemptions, 2006 taxes will be 45,787.10 Short Legal LLOYD-UHITE-SK INNER SUB LOTS 58 & 59 TOGETHER WITH Description S 1/2 UAC 3RD ST ADJ TO N LESS E 10FT PER OR 14168/ Building Information http://136.174.187.131htbinlcgi-click?o=1 &a=1 &b=l &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Ap raiser Information: 07 29 15 52380 0000 07 129 115 / 52330.1 000 l 0580 19-Jan-2007 Jim Smith, CFA Pinellas COunty Property Appraiser 13:23:50 Vacant Parcel Property Use: 000 Land Use: i0 Page 3 of 5 Vacant Ex-t_a FeaTv rE?!S Description Dimensions Price Units Value RCD Year 1} .00 0 0 0 0 2) .00 0 0 0 0 3) 00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) 00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non-vacant) Fiwl FqR ®Fil ® http://136.174.187.131htbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property App?ser Information: 07 29 15 52380 000 1050 16 0 21S G ILFV1FW BLVD ?Li c? Imp% Page 4 of 5 y#?,1F ?--? CORONA DR 1A 3RD T 301 COPONAD DR 309 ORONADJ DR vULFUIEW BLVD 31 CCtRDRAD?? ?16 N +~ 31 I{? f D CORDNAD COR NADD 3` 6 c DO f co ?? DRS ' N'?it?.4DD?1 dDO DR GU L?b?EW ? BLd 325_. rhanN nn 1/8 Mile Aerial Photograph (2002) http://136.174.187.131htbinlegi-click?o=l &a=l &b=1 &c=l &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Ap aiser Information: 07 29 15 52380 000 50 Page 5 of 5 it 16 Pinellas County Property Appraiser Parcel Information http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Appraiser Information: 07 29 15 52380 000 0600 Page 2 of 5 k 07 / 29 / 15 / 52380 / 000 / 1050 19-Jan-2007 Jim Smith, CFA Pinellas. County Property Appraiser 13:23:13 Ownership Information Uacant Property Use and Sales CRYSTAL BEACH CAPITAL LLC OBK: 14120 OPG: 1340 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602-5189 COMBO IN PROCESS EVAC: A EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005 : 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 2 /2,005 14,120/1,340 18,500,000 (M) I 1925: Book 013 Pgs 012-013 8 /2,004 13,757/1,584 3,250,000 (M) I 0000: Book Pgs - 0 /0 0/ 0 0 t ) 0000: Book Pgs - 0 /0 0/ 0 0 E ) 2006 Value EXEMPTIONS Just/Market: 1,663,900 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 1,663,900 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 1,663,900 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 36,213.12 1) 145 x 90 150. 00 13,050. 00 S Special Tax .00 2) 0 x 0 .00 00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be 5) 0 x 0 .00 .00 36, 213.12 6) 0 x 0 00 . 00 Without any exemptions, 2006 taxes will be 36, 213.12 Short Legal LLOYD-WHITE-S KINHER SUB LOTS 105 & 106 & N'LY 112 Description OF LOT 107 LESS E 10FT THEREOF PER 1505712479 Building Information http://l 36.174.187.131htbinlcgi-click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Ap raiser Information: 07 29 15 52380 000 00 07 I 29 / 15 I 52330 000 ! 1050 19-Jan-2007 Jim Smith, CFA Pinellas COunty Property Appraiser 13:23:12 Vacant Parcel Property Use: 000 Land Use; 10 Page 3 of 5 Vacant Extra F?ea-tures Description Dimensions Price Units Value RCD Year 1) 00 0 0 0 0 2) .00 0 0 0 0 3) 00 0 0 0 0 4) . 00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE; 0 Map With Property Address (non-vacant) ?®Fil0FQ M http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=l &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Appraiser Information: 07 29 21,_j GULF VIEW BLVD l5 52380 000 00 _ 1 t is MGEIId -,CFoDCJ DR 0 ?Ofi?l A D 0 R T 311 GULFVIEW BLVD 3RD T Page 4 of 5 LAJ COROFA.D GDPANADO r 0F2 ,ADD C 1I?ODRt G,? ?? ?32G j C D ?1 H 4 .4 t DR' F vv 325 J GULF VIEt+? C RDR D I 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=1 &a=1 &b=l &c=1 &Y=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 Pinellas County Property Ap iser Information: 07 29 15 52380 00000 Pinellas County Property Appraiser m.' r 4r .. Parcel Informations Page 5 of 5 http://136.174.187.131htbinlcgi-.click?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=0... 1/19/2007 CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, February 20, 2007, beginning at 1:00 P.M., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishinq to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Don R. Whitehurst (Housh Ghovaee, Northside Engineering Services, Inc) are requesting Flexible Development approval to permit a mixed use (eight attached dwellings and 1,253 sq ft of retail floor area) in the Tourist District with a reduction to the front (west along Mandalay Ave.) setback from 15 ft to zero ft (to building), a reduction to the side (north) setback from 10 ft to 2.1 ft (to building), a reduction to the side (east) setback from 10 ft to zero ft (to trash staging area), an increase to building height from 35 ft to 58.83 ft (to midpoint of pitched roof), a reduction to required off-street parking from 22 spaces (16 spaces for attached dwellings; 6 spaces for retail sales) to 18 spaces and deviations to allow the building within the sight visibility triangles and to allow a reduction to the minimum vehicle stacking distance, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C, and a reduction to the required foundation landscaping along Mandalay Avenue from 5 ft to zero ft, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G.; and (2) Transfer of Development Rights (TDR2006-09031) of one dwelling unit from 689 Bay Esplanade, under the provisions of Sec 4-1402. [Proposed Use: Mixed Use (8 attached dwellings and 1,253 sq ft of retail floor area).] at 635 Mandalay Ave., Mandalay Unit No. 2 Blk 84, Lots 1 & 2. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2006-09053/TDR2006-09031 2. 2340 Drew Street, LLC and Drew Professional Park Condominium Association, Inc. are requesting Flexible Development application to allow a Governmental Use within the Office (O) District at 2316 Drew St with a maximum building height-of 38 ft; front (south) setbacks of 25 ft (to building) and 15 ft (to pavement); front (west) setbacks of 62 ft (to building) and 15 ft (to pavement); side (north) setbacks of 55 ft (to building) and 10 ft (to pavement); side (east) setbacks of 171 ft (to building) and zero ft (to pavement); a minimum off-street parking requirement of 3.76 parking spaces per 1,000 sq. ft of gross floor area; and to reduce the side (west) setback from 20 ft to zero ft (to existing pavement) for the existing Office and Medical Clinic uses at 2346-2370 Drew St as a Comprehensive Infill Redevelopment Project pursuant to Sec. 2-1004.13 of the Community Development Code along with a reduction to the side (north) perimeter landscape buffer from 12 ft to 10 ft, a reduction to the interior tree requirement from 25 to 19, and an increase to the maximum percentage of palms that can be incorporated into the landscape plan from 25% to 29% at 2316 Drew St; and a reduction to the side (west) perimeter landscape buffer from 5 ft to zero ft at 2346-2370 Drew St. as part of a Comprehensive Landscape Program pursuant to Section 3-1202.G of the Community Development Code. (Proposed Use: Governmental Use) at 2316, 2346, 2352, 2358, 2364 and 2370 Drew St., Rolling Heights Lots C -G, part of. Lot H lying west of Drew Professional Park Phase I. Assigned Planner: Robert G. Tefft, Planner III. FLD2006-11062 3. Poulos Family Corp. Inc., Boos-Gulf-to-Bav & Keene, LLC.. D. Guy McMullen Prop. Inc. are requesting Flexible Development approval (1) to permit retail sales and service in the Commercial (C) District with a reduction to the front (north) setback from 25 ft to 15 ft (to parking lot), a reduction to the front (east) setback from 25 ft to 15 ft (to parking lot), an increase in allowable building height from 25 ft to 34 ft and to permit direct access to a major arterial street as a Comprehensive Infill Redevelopment Program under the provisions of Sec. 2-704.C; (2) to permit Non-Residential Off-Street Parking in the Medium Density Residential (MDR) District with the elimination of the required minimum 4 ft high wall landscaped on the external side to screen off-street parking spaces at the southwest corner and with outdoor lighting remaining on from dusk to dawn as a Residential Infill Project, under the provisions of Sec. 2-304.G; (3) to permit a wall 8 ft high including the front setback in the (MDR) Medium Density Residential District under the provisions of Sec. 3-804.A.1; (4) to permit a reduction to the perimeter landscape buffer width along a portion of the west side of the property from 12 ft to 10.4 ft as part of a Comprehensive Landscape Plan under the provisions of Sec. 3-1202.G of the Community Development Code; and (5) the vacation of the northerly portion of the right of way of Florida Ave.. (Proposed Use: Retail Sales and Services) at 1765 and1771 Gulf To Bay Blvd & 515 Florida Ave., Suburb Beautiful Blk A, Lots 4 & 6, & part of Lots 2,3, & 5, Suburb Beautiful Blk B, Lots 1,2,5 V. Assigned Planner: A. Scott Kurleman, Planner II. FLD2006-11061 4. Crystal Beach Capital, LLC., (Hyatt, aka Aqualea) is requesting Flexible Development approval to permit the elimination of a pedestrian overpass over S. Gulfview Blvd. and to permit a standalone concession facility in lieu of the bridge landing area for such concessions for the Hyatt/Aqualea project, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-803.C.. (Proposed Use: Hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a max. of 70,000 sq ft (0.98 FAR on total site) of amenities accessory to the hotel, at a ht of 150 ft (to roof deck).) at 229 & 301 S. Gulfview Blvd. and 230, 300 and 304 Coronado Dr., Lloyd-White-Skinner Sub Lots 57 & 104 & Parts of Lots 56, 103 & 104 together with Vac 3` St, together with Vac E 35 ft of Gulfview Blvd., Lots 58 & 59 together with S '/2 Vac 3`d St & Vac E 35 Ft of Gulfview Blvd, Lots 105 & 106 & part of Lot 107 together with S '/2 of Vac 3`d. St.. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007-01001 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request 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. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi- judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross- examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns. about the project and/or to better understand the proposal and review the site plan. Michael Delk Planning Director City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 Cynthia E. Goudeau, MMC City Clerk NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. To learn more about presenting to Clearwater boards and City Council, go to http://clearwater.granicus.com/ViewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 2/8/07 FLD2WO1001 & DVA 2007-00001: 40 AMERICANA GULF MOTELS LTD PTR BASKIN, H H EST 325 S GULFVIEW BLVD OWENS, W D EST CLEARWATER FL 33767 - 2445 516 N FT HARRISON AVE CLEARWATER FL 33755 - 3905 BOLDOG, DOROTHY C THE M & J TRUST PO BOX 8589 CLEARWATER FL 33758 - 8589 CHRISTMAN, KENNETH R SR CHRISTMAN, LINDA J 225 CORONADO DR CLEARWATER FL 33767 - 2431 Clearwater Neighborhoods Coalition Joe Evich, President P.O. Box 8204 Clearwater, FL 33758 CRYSTAL BEACH CAPITAL LLC 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602 - 5189 CZAICKI, EDWARD DAM DEVON LLC CZAICKI, BOZENA 41 DEVON DR 332 HAMDEN DR CLEARWATER FL 33767 - 2437 CLEARWATR BEACH FL 33767 - 2448 GIBSON, EVELYN L 1206 MELVIEW CT ST LOUIS MO 63125 - 4614 GIOVANNI, ROBERT KOZIK, CHRISTIAN 317 CORONADO DR # B CLEARWATER BEACH FL 33767 - 2433 KALLAS, DORA KALLAS, GEORGE 3405 GULF BLVD BELLEAIR BCH FL 33786 - 3644 LITTLE, DAVID R 1734 CASEY JONES CT CLEARWATER FL 33765 - 1701 PANGS, STEVE S PANOS, FILITSA 109 DEVON DR CLEARWATER FL 33767 - 2439 R T V PROPERTIES INC PO BOX 3835 CLEARWATER FL 33767 - 8835 KEYES, JAY F THE KEYES, JANET D THE 100 DEVON DR CLEARWATER FL 33767 - 2438 MAZUR, JAN MAZU R, JAN I NA 216 HAMDEN DR CLEARWATER FL 33767 - 2446 PAPPAS, TOM PAPPAS, ANASTASIA 115 DEVON DR CLEARWATER FL 33767 - 2439 ROGERS, ROLAND 321 CORONADO DR CLEARWATER FL 33767 - 2433 W uJ *OLDOG,CLARA BOLDOG, DOROTHY 2500 VIRGINIA AVE NW UNIT 1405 WASHINGTON DC 20037 - 1901 Clearwater Beach Association Jay Keyes 100 Devon Drive Clearwater, FL 33767 CUSTER, GERALD 2152 LONG BOW LN CLEARWATER FL 33764 - 6414 DECADE GULFCOAST LTD PTNSP STE 100 N19 W24130 RIVERWOOD DR WAUKESHA WI 53188 - 1131 K & P CLEARWATER ESTATE LLC 3105 W WATERS AVE STE 31 TAMPA FL 33614 - 2869 L O M INC 4100 N 28TH TERR HOLLYWOOD FL 33020 - 1116 MILO INVESTMENTS LLC 2101 BRICKELL AVE # 3407 MIAMI FL 33129 - QUINN, ANN E 225 HAMDEN DR CLEARWATER FL 33767 - 2497 RUDMAN, MIRKO RUDMAN,ANKA 217 CORONADO DR CLEARWATER FL 33767 - 2431 SEA CAPTAIN SHAH, MANNA J Stephen J. Szabo, III 526 BELLE ISLE 2221 NORWEGIAN DR # 33 100 North Tampa St, Ste 2700 Tampa, BELLEAIR BEACH FL 33786 - 3612 CLEARWATER FL 33763 - 2961 FL 33602 SUNNY MOTEL LTD PTNSHP STE 100 N19 W24130 RIVERWOOD DR WAUKESHA WI 53188 - 1131 SUNRISE ON THE BEACH INC 229 CORONADO DR CLEARWATER FL 33767 - 2431 SZLECHTA, WLODZIMIERZ KUNOWSKA, EWA 333 CORONADO DR CLEARWATER FL 33767 - 2433 TAS, JERRY TAS, TERESA 342 HAMDEN DR CLEARWATER FL 33767 - 2451 WELLER, HARRIETTE M 1.10 DEVON DR CLEARWATER FL 33767 - 2438 TRACEY, CHRISTINA M 207 CORONADO DR CLEARWATER FL 33767 - 2431 TROPICANA RESORT LAND TRUST 163 BAYSIDE DR CLEARWATER FL 33767 - 2502