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DVA2009-00002 DVA2009-00002 300 HAMDEN DR ROPICANA RESORT -HOTEL PLANNER OF RECORD: WW ATLAS # 276A ZONING: T LAND USE: RFH RECEIVED: 08/03/2009 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: J CDB: CLWCoverSheet Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Clearwater Telephone: 727-562-4567 Fax: 727-5132-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ? SUBMIT APPLICATION FEE $ t 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: (Hotel A) DEVELOPMENT AGREEMENT APPLICATION (Revised 0522/02) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) Tropicana Resort Motels, L.L.C., a Fla. limited liability company APPLICANT NAME: MAILING ADDRESS: 2245 North McMullen Booth.Road, Clearwater, FL 33759 PHONE NUMBER: 727-797-8972 CELL NUMBER: PROPERTY OWNER(S): EMAIL ADDRESS: Agostino DiGiovanni Francesco Carriera and John Conti, as Co-Trustees of the tropicana Resort Land Trust (Mu-%t inch vd. AI E. D. Armstrong III, Esquire and AGENTNAME: Johnson, Pope, Bokor, Ruppel & Burns, LLP MAILING ADDRESS: 911 Chestnut Street, Clearwater, FL 33756 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-797-8928 FAX NUMBER: 727-462-0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: See Exhibit "A" attached for street address, legal description and parcel identification numbers. LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: (lacres, square feet) PROPOSED USE AND SIZE: -`42 overnight accommodation units, 2,750 sq. ft. restaurant (number ^r '"'- J units, hotel rooms or sq are footage of nonresidential use) and 3,900 sq. ft. retail DESCRIPTION OF ANY RELATED REQUEST(S): Application for flexible development approval of a comprehensive infill (approval of a developmentinclude all requested code deviations; e.. reduction in required number of parking spaces, specific use, etc.) redevelopment project is submitted simultaneously with this application. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _X NO _ (if yes, attach a copy of the applicable documents) Page 1 of 5 - Development Agreement Application- City of Clearwater 1 B.2_ DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.6) - See x. B An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): at t hed. ? 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 DEVELOPME 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, ata 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; date any new public facil'dies and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. 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 estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servi required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complc 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 co Additionally, 'a finding that the requirements for concurency as set forth in Article 4 Division 10 of these regulations have been satisfied. L 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 relic 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 pefiod of time. The development agreement may provide for liquidated damages, the denial of futr development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of 1 developer to comply with any such deadline. 1. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure 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 < specifically anticipated in the development agreement. Page 2 of 5 - Development Agreement Application - City of Clearwater 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 361: _ All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures; 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 tot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' dear space); - Location of all landscape material; Location of all onsite and offsite stone-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 writtenftabular form.- - Land area in square feet and acres; - Number of dwehing 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 (FA.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 Y= 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 stonnwater 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. S' 20 Page 3 of 5 - Development Agreement Application - City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN: All existing and proposed strictures; 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 M. 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 '/: X 11) (black and white and color rendering, if possible) as required. 1. SIGNAGE: (Division 19. SIGNS / Section 3-1866) O Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced sigriage 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 application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Signature of property er or reppresentative E. D. Armstrong III STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this day of Jul A.D. 20 09 to me and/or by E. rmstrong TIvIho is personally known ]iA podmlXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXYAX e, Notarrpublic,( ' My commission s: Jayne E. Sears Commission # DD449633 ?A ; C A pins September 2, 2009 Bonded troy fete wwe"M Inc, 800,10?t)1 Page 4 of 5 - Development Agreement Application - City of Clearwater 0 0 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: AGOSTINO DiGIOVANNI, JOHN CONTI and FRANCESCO URRIERA, 00-TRUSTEES OF THE 2. That (I am/we are) the owner s and record title holder(s)? of the following described property (address or general location): Parcel Nos C /15/17604/000/0010 . . 08/29/15/175.86/001/0040 08/29/15/17604/000/0020 -- * - 3. 08/29115/1758670 1/ U U.LU That this property constitutes the property for which a request for a: (describe request) De` Mlcrnaimt a reement- a ir-EW-al g pp 4. That the undersigned (has/have) appointed and (does/do) appoint: E. D. ARMSTRONG III, ESQUIRE and JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP, 911 Chestnut Street, Clearwater, FL 33756 as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. 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; 7. Thar). the ndq {ed authority, hereby certify that the foregoing is true and n S 0 DiGI?';neb0- USTEE?'l Ott? CONTI, Pa(eTtUSTEE* MNCE" ??? 0 M- TRUSTEE^ Property Owner j JANICE GINGRAS tip:""' Comm#DD0641551 STATE OF FLORIDA, = ' 1 Expires 2/19/2011 COUNTY OF PINELLAS As ILA- F Xo.tary Assn., Inc nnn B°ASthe'tindersigned'?Iti'8ffitkYcTdly commissioned by the laws of the State of Florida, on this day of July 2009 Agostino DiGiovanni, John Conti ?t1d e ll d _ p rsona y appeare Fr?eeS? ?izirra---Ea-rTrM ees' een first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. THE TROPICANA RESORT LAND TRUST Notary is Signature Notary Seat/Stamp y Commission Expires: CADocuments and Settingslderek_ferguson\Desktpp\planning dept forms 0708\Comprehensive Infill Pro (FLD) 2008 07-11.doc Page 8 of 8 EXHIBIT "A" Page 1 of 2 (Hotel A) Parcel No. Street Address Portion of 08/29/15/17604/000/0020 316 Hamden Drive .08/29/15/17604/000/0010 309 Coronado Drive 08/29/15/17586/001/0010 301 Coronado Drive 08/29/15/17586/001/0040 315 Coronado Drive 1 ?•-- ? PtV?g EXHIBIT "A" Page 2 of 2 HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length.being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot IA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. Irv 0 0 EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION Tropicana Resort Motels, L.L.C. (Hotel A) Section B.2 Development Agreements Supplemental Submittal Requirements: ¦ Statement of the requested duration of the development agreement, which shall not exceed ten years. The proposed duration of the development agreement is 10 years and is stated as such in the development agreement. • Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater utilities and solid waste as stated in the development agreement. ¦ Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The proposed use is a hotel consisting of 142 overnight accommodation units, 2,750 square feet of restaurant and 3,900 square feet of retail, with a maximum height of 74' to roof deck and 82' to midpoint of decorative tower/element. ¦ Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. The proposed use is allowed in the current zoning district ("T") and land use designation ("RFH"). ¦ Zoning and land use categories .of all adjoining properties. Zoning Land Use North Tourist Resort Facilities High East Preservation (Water) South Tourist Resort Facilities Hi h West Tourist Resort Facilities High ofwmwv ? 0 0 • Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. See list prepared by Pinellas County Property Appraiser which is attached hereto as Exhibit "C." [Previously provided and intentionally omitted from this submittal.] #496624 v1 - DiGiovanni/Ex to DVA 1 _ ggsc ?/ Its n. • DEVELOPMENT AGREEMENT (Hotel A - 300 Hamden) C_ _ l ? 0 ytg _ C" CM s 40 ?? aFiJ cve7 nR c," THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated 2009, and entered into between AGOSTINO DIGIOVANNI, FRANCESCO AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; WHEREAS, the Developer controls approximately, 1.106 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. WHEREAS, the Developer desires to develop the Property by replacing historic hotel units and other uses in order to add 142 overnight accommodation units, meeting rooms, a pool, a retail area, restaurant and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 142 overnight accommodation units, which includes 95 units from the available Hotel Density Reserve; a. w in co, ?a W U1 Z ua a.. C? ,IF WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; °i WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the non UJ proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; CIQ cn Z' WHEREAS, the City has additionally determined that, as of the Effective Date of this ? o Agreement, the proposed project meets all the requirements for an award of additional w density from the Hotel Density pool as referenced in Beach by Design; WHEREAS, the City has conducted public hearings as required by § 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called and advertised public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD2009-08026 on , 2009 conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the. City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 2 0 0 3.1 The Property currently has a land use designation of Resort Facilities High (RFH)' and is zoned Tourist (T). 3.2. The Property is owned by Developer ("Owner"). Such ownership is evidenced by the deeds attached as Exhibit "C." 3.3 The Property is generally located at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive), as more further described in Exhibit A. SECTION 4. Scope of Project 4.1 The Project shall consist of no more than 142 overnight accommodation units, as defined by the Community Development Code. Such units may be traditional hotel rooms or fractional ownership units, as defined in the Code. 4.2 The Project shall include structured parking, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08026. 4.3 The proposed density of the Project is 148.90 rooms per acre. The proposed height of the building, as defined in the Code, is 74.33 feet to the top of the roof deck and 82 feet to the top of architectural embellishments, as shown on Exhibit "B" and approved by FLD 2009-08026. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B" and shall include, pursuant to Beach by Design: 4.4.1 Access to units shall be provided through a lobby and internal corridors. 4.4.2 A reservation system and desk area open to hotel guests, typical of a hotel shall be included in the lobby area of the Project. 4.5 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Cl Q -U U u (UE UJ LL E LIJ ` w a 3 Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. ------ 2 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. '-" -'1 ca SECTION 6. Obligations under this Agreement. ire I'M _.? 6.1 Obligations of the Developer w t PE 6.1.1 The. obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or ?° n assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009- 08026 including any conditions. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with the approved development order for FLD2009-08026 and Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 4 • e 6.1.33 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "D," that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an appropriate cross-easement as provided in FLD 2009-08026. 6.1.4 Covenant of Unified Use, Unity of Title. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "E;" provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is-available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development and Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of the covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve- Return of Units to Reserve Pool. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 79 hotel units to the Project site in accordance with applicable law. Such grant of units is dependent upon the demolition of existing units, as specified in the Demolition Plan included in FLD 2009-08026. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-08027 and in accordance with Paragraph 6.1.3.2, or if any units of the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. . 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (l) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a o nM ?o G _ m r z C n A C/ ) G C ? v ` G i:ca G ; M0 5 fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 95 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities o are presently available to the Property from the sources indicated below. Development of m C."? the Property will be governed by the concurrency ordinance provisions applicable at the = time of development approval, unless otherwise provided by law. With respect to c r C) transportation and other public infrastructure and services subject to concurrency " Z 0 -4 - 5 requirements, all applicable concurrency provisions for the proposed development have m CO Q been met. CE] M 7.1 Potable water is available from the City. The Developer shall be responsible for m m all necessary main extensions and applicable connection fees. °m 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 6 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of M c c this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. -? 0 m nn SECTION 11. Other Terms and Conditions. ? M c 11.1 Except in the case of termination, until ten (10) years after the date of this * c E:, Agreement, the Property shall not be subject to down-zoning, unit density reduction, or C:D intensity reduction, unless the City has held a public hearing and determined: Im r, {;a i--- 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. 1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the 7 0 0 Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust 2245 North McMullen Booth Road Clearwater, FL 33759 With Copy to: E. D. Armstrong III, Esq. Johnson Pope Bokor Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations 0rr =--- --- . F ca FU F 0 < ` 7-1 .: M CF) E ,.3 C v" Mu 8 0 0 hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. o 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the -q G benefit of the City, and its successors and assigns, and the Developer and, as applicable to Q I the parties comprising Developer, their personal representatives, trustees, heirs, n successors and assigns, except as may otherwise be specifically provided herein. r- C„ - r A M E~? C G:a SECTION 15. Minor Non-Compliance. The Developer will not be deemed to 0 m U; I V7 have failed to comply with the terms of this Agreement in the event such non- 0 {n compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or -°? inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably 9 0 0 withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the. completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires. or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this, Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to, which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. M ? _-7j G Qm C F M "D M. E v C v e C' rn M _ U J - _ rJ-?- . _ 10 • rl? SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust John Conti, as Co-Trustee of the Tropicana Resort Land Trust CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk II -a_ n rn :q F- < IURA C g. n m CD C;; e 0 r7i fJ JU L' STATE OF FLORIDA COUNTY OF PINELLAS Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this - day of 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is - personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust - personally known to me or has produced identification. Notary Public Print Name: 12 who is as o ca M J r- < 0 RR ffj C` i _.n r V .-I .) ( !F t7 ? 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this - day of 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or . has produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS Notary Public Print Name: The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, 11, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. Notary Public Print Name: Exhibit A Legal Description Exhibit B Site Plan Exhibit C Affidavit of Owner re Contract Exhibit D Covenant regarding Hurricane Operation Exhibit E Covenant of Unified Use #497221 v3 - Hotel A DVA (diGiovanni/Tropicana) 13 Evacuation and Development, Use and 0M =i 0 ~ - c rm 0 -4 ---, ? r- C N M i?? _ 1'? € c -- M ----------- -moo c-----? EXHIBIT "A" Page 1 of 2 (Hotel A) F Parcel No. Street Address Portion of 08/29/15/17604/000/0020 316 Hamden Drive 08/29/15/17604/000/0010 309 Coronado Drive 08/29/15/17586/001 /0010 301 Coronado Drive 08/29/15/17586/001/0040 315 Coronado Drive OM 0 sf 0 < C-5 ?Y YfX' yw 7 EXHIBIT "A" Page 2of2 HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06057'l 4" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81'44'25 " W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot IA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. ?= nr- r C rM ' F.? ?. r .{_' *T s`x M ar3 Lr' EXHIBIT B Site Plan rr Y ro ` 0 _._n tf'J?l; m BP; IIti .?eu Ain?rt rra., : r Kin,?l.:.a.IKi AA YEOnI 7n4 0- J W H O H d' 0 W W Q Z Q U a O F PROJEC7lOG ` ^ r n OIGi,A9f0 1. OCTOBER 2MA GROUND LEREL MN A l.0 0 BP: ? P.T 1J.:AMi !R"aL 1:M.fr51i A A'15 IMI 9 Cl) J W H O F- IX O U) w a a z a U d O H PROOECMLOG ro.rc "-'OiG409?0 iB OCTG9ER 209 ?.....c rlEV.3 3 RI.?H A1.1 BP: - lwl,ar.:, . ......b. II. I'M RYi 4). R10.i ,. i ?A•15unl:n? J LU F- 5O 0 ` Z y O W (n O LU r a W Z = Q N U a 0 0 r- 'q i6 OCTOR'cR tp09 w....c fl'vEt ] PARKING 8 PKIl MEC-n L A1.2 BP: an+?b.II..Tii?l • J W F- 0 F-- O W Q Z Q U d O PROJECT LOG r.o..c "?` OIG10910 16 CCICBER 1009 w" "VIEVEI? POOL -0I?E-ES A1.3 BP: - a..lv. R.A'Lni AA16061;O W J W N O O Cl) W Q Z Q U a O H • DB's1.09TD 19 OCTOBER ]DOB 'n?4lE?El55d HOTEL AIA -----.....- ;>¢ --- ----------- • o?i ?I 1 r.--_?.._. • : ' 1 1 I I I I ! - .... • ___..1.. _..._.._.. _....... - _-.- - i -.._. ._- ? I - - ....... . s I 5 I• z w p Ll , E I I a uc. ;. a I, i 1, 1, F y- _.. r..._.._.._. _ ?.._._.._.._ 4 TYPICALLEVEL - BL'A'", LDG'B'3-7 LEVEL3-PAR J. ------- ----------- -- - - f --- --- - ------- ! I r I : : I I . a• .? ? - ?' r -.- ! z??,' tl , ?f i_1?.J ?i•...__ J I ?L_1; y;?i p,.I fl::?q ... d I --- v?J .._?.::i:........ bS -.- 1 ' I ? III ?? I ._ - F _ I b4 m ` I w ' .._.._ I : ?= i -. •. I i I ij ,.,.?_1... ? Imo. _ i__1...... VF" 1 - ---- ---------- -- -------- ----- LEVEL4-POOLS AND MEN LEVEL 3 ,.,,,„.,.. /?.?•?: 1 -'\LEVEL BPI.," ..I I:a:.c.: aema.?m•:'. Icna,.,b. n. azm : N.V _91.;.RIA1 I'N, n:. I:l .irllt AA2RUnI704 J W O o Z c o tNg O LL w fn a Ct H LU w ? w w Z y U d a 0 PROJECT IOG OIGI.f19tP 16 DCTC R22 ?`IFVR.S 2d PUNS A2 • 0 BP: Ix.Irir.,hi?. .nL IK?wr.da. i7..31'l?l .tn.31.;,aiAi A.A'lOnnl7- 0 EAST ELEVATION-NAMDEN DRIVE NOTE: SEE COLORELEVATgN -.1 Al 1---- MATEfMAL COLORS Cl) J W r O ? a O U) < W Q U CL O r PROJECTLOG I .ec r.- DIGI.0.A 10 J AUGUST ?ppP l ?Aro mangy.. ELtvAi!OM -- A3 Y NORTH ELEVATION-3RD STREET .?." Buiiding'B' S.ileng W t=- ? 1 a-r ? . ... _ ? Lo-a. +NN F ® mm W e S .w. x e Z ® ® a ?ne L..N «N i } 1 ?a.es 113 ID ..... ?a:n .. , wa wea M 1B 1B El Oma ?r v...,E o n L«e x , elE +r xow l 3 .rnw0 BxE Buftng'A' n.-+Emulx B.,dinp'B• SOUTH ELEVATION t6 ? NOTE: SEE COLOR ELEVATION SHEET AI FOR PLANT ANO MATERIAL COLORS L.Mx nan E i? L..ia ve«a f SuAding'S' ,,NORTH ELEVATION (HOTEL B) NOTE: SEE COLOR ELEVATION SHEET AT FOR PLANT Aim NATERIALCOLORS Building'A- ??? Building W ! LEST ELEVATION •CORONADO DRNE NOTE: BEE COLOR ELEVATION SHEET Af FOR PAINT AYO r...m NATEMALCCLORS Buildng •A• BP: - .,..+:?? a eznl A.118VA1in1 • .. e.1g J W F- 0 O a 0 =_ u W LU m N LL Q 3 Q 0 a 0 H ao-r PROJECTLOG wmx uwe __ _? ? H.M L...., I i I aL..no oI?LOB+O ,ter 180C700ER 200R w eFC _ ELEVAnONS -E!? A4 K Spanish Tile Roof Reds and (;ray-Browns Nfetal Awnings - PAC-Clad BUrgunlly Fluty Color 2 (BC-2) SW' 6387 Compatible Crcam Body Color 1 (BC-1) SW 6658 \X clcomc White Base Color 2 (BA-2) S\Y' 7562 Roman Column Base Color 1 (BA-1) SW' 6356 Copper Mountain II? II W f 3 B fTl I ?? n ?3 L7.17 MEO W- rsa au f u Lo d o bi LM . - -- ? ? ,.?... - ....?. r P d. ?------- !.-- ?L?:1 ,..._r ?Y^T _....... - . . ,? ._i I II II II - W 7.l...l..C?l._ ?; ? =-.1 -'.-.? ..w>.•w 717 77 F BWOip'B' Builtling "A' EAST ELEVATION - NAMDEN DRIVE r', r-% Isti.?l.. 0. aawl . xwszs xlxt rxw. cc?ocv; IA26001704 J W F- O M a F- O U W m Q ? Z Q U CL O cr F- .0010 www w OC"38M M)II B"ATKM A7 0 0 EXHIBIT C Evidence of Ownership (deeds) 0 rr_--_-? ?{j `d 171 QZ) ? M0 I#: 2004470137 BK: 13977 PG: 909, 12/02/2004 at 05:35 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $24850.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM03 i.t PREPARED BY AND RETURWJO nu?? Steph6n 0. Cole, Esqu.ito Macfarlane Fergusoq `& -*Mullen 625 Court Street, ?djt6 200 Post Office Box k6$x-•('33757) Clearwater, FloA 33756 t WARRANTY DEED THf ,4XNDENTURE made this ?ay. of December 2004, between JEDE`,,CORPORATION INC., a Florida corporation, of the County of PinelUs, and the State of Florida, Party of the First Part, whose s `i *zk' ]?i#hg address is 2919 West Bay Drive, Belleair Bluffs, Florida ,y ` ;,,33770, and JOHN CONTI, FRANCESCO CARRIERA and AGOSTINO DIGIOVANNI, t •.% tas Co-Trustees of TROPICANA RESORT LAND TRUST, with full power and ?: . authority either to protect, conserve and to sell, lease, encumber, including all powers as setforth in F.S.689.071, or otherwise dispose of the real property described herein, Party of i ?? the Second Part, whose mailing address is 16 3 GLF",J*` v r-G 3374 7 . I W I T N E S S E T H: That the said Party of the First Part, for and in consid- eration of the sum of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, unto the said Party of the Second Part and its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, and State of Florida, more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to 2005 real estate taxes; and restrictions, reservations and easements of record. Parcel I.D. No. 08/29/15/17604/000/0010 Together with all the tenements, hereditaments and appur- tenances, with every privilege, right, title, interest and estate, M 0M Z E^-yi ? 1?}wy? ?.. , -1- PINELLAS COUNTY FL OFF. REC. BK 13977 PG 910 E dower and rigb -, f dower, reversion, remainder and easement thereto belongilzg.°pr in anywise appertaining. TO HAVf:,,,'AND TO HOLD the same in fee simple forever. And tbe• Aid Party of the First Part does covenant with the said Parfi?,.:,,t the Second Part that it is lawfully seized of the said pzem}Ses, that it are free of all encumbrance, and that it has ;'gbod; right and lawful authority to sell the same; and that sai?'i; rty of the First Part doth hereby fully warrant the title c tc5,s`„a'id land, and will defend the same against the lawful claims 1`.-all persons whomsoever. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal the day and year first above writ- ten. Signed, Sealed and Delivered in Our Presence: I Pr' Name q. IN` ,,,o Print Name C. D. Colt STATE OF FLORIDA COUNTY OF PINELLAS JEDE CORPORATION, INC., a Florida corporation 71 By: Deborah Well , as President I HEREBY CERTIFY that before me personally appeared DEBORAH WELLS, as President of JEDE CORPORATION, INC., a Florida corporation, M to me personally known, [ ] or who has produced a current/valid driver's license as identification and who did take an oath, known to me to be the persons described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to their free act and deed as such officers, for the uses and purposes therein expressed, and the said instrument is the act and deed of said corporation. WITNESS my hand off' ' 1 seal at Clearwater, said County and State, this 41- day of 2004. MNot r Public Pr nt Name: My Commission Expires: [SEAL] O. J PWA R.Ymad if MV CW.W..wn M133 ]6 A,,T„/ &,k. upuH 10.2006 -2- v M i;;77 i C"ti Ems,- ? ". rt ? ? l?Zl1 i ; f1°I , i PINELLAS COUNTY FL OFF. REC. BK 13977 PG 911 • EXIIID LS ".. 5 .. PARCEL l:,k Lots 1 and LA, COLUMBIA SUBDIVISION No. 1, according to plat, thereof recorded in Plat Dook 27, page 46, Public Records of Pinellas County, Florida; LESS,the?South 26.5 feat of said Lot 1A; and also less the following desc-ibiad portion of Lot 1: Begin at a point in the West boundary oY'-s4'1d Lot 1, which said point is located 24.87 feet North along theie4•idine from the Southwest corner of said Lot fora Point of Beginning-;`saA from the Point of Beginning thus established, run thence South 4„:hknnce .f 24. a7 feet to the Southwest corner of said Lot 1; run t)197ast along the South boundary of said Lot i, a distance of 110 ,94t t?o the Southeast corner of said Lot; run thence North along the Easti?-b.puidary of said lot a distance of 26..5 feet; run thence West in a sc-tiidti t''line to the established point of beginning. Three (3) in Block A of COLUMBIA 110. 2 according to the map or plat eof as recorded in Plat Book 21 Page 79 of the Public Records of Ilas county, Florida. M n M M g i I#: 2004487453 BK: 14004 PG: 577, 12/15/2004 at 02:16 PM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $4433.80 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKRD25 T Recording: 144-60 Doc. stamps: }. Int. tax: TOTAL: THIS INSTRUMENT WAS PREPAJtED BY AND, AFTER RECORDING, RETURN Th,` David R. Punzak, Esquire CARLTON FIELDS, P.A.,, 200 Central Avenue, Suite 2300 St. Petersburg, Florida 3371.0.11.,,,," (727) 821-7000 ; (727) 822-3768 (FaCSle 75586-001-0020 WARRANTY DEED -,,'',THIS WARRANTY DEED is given this ?14- day of December, 2004, by 1711$J6,NDROS 6ALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER ?-VIVOS TRUST AGREEMENT DATED MARCH 3, 1997, and STAMO G. GALIATSATOS, Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED '% 'MARCH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida v .33767 (collectively "Grantor") to AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA, and JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with full power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or otherwise.manage and dispose of the real property described herein, including all those powers as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive, Clearwater, Florida 33767 ("Grantee'). WITNESSETH: THAT GRANTOR, for and in consideration of TEN AND NO/100THS DOLLARS ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt and legal sufficiency of which are hereby acknowledged by Grantor, has granted, bargained, and sold to Grantee, and Grantee's successors and assigns forever, all Grantor's undivided one third (1/3) interest (1/6 interest from each Grantor) in all of the real property in Pinellas County, Florida, described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Pro ert '); TOGETHER with: (i) all of the right, title, interest, claim, and demand which Grantor has in.and to, all and singular, the benefits, rights, privileges, easements, tenements, hereditaments, and other appurtenances pertaining to the Property, if any; and (ii) all improvements of whatever kind, character, or description to or on the Property, if any; SUBJECT TO ad valorem taxes for the year 2005 and any other taxes or assessments levied or assessed against the Property subsequent to the date hereof, and all of the matters described in Exhibit "B" which is attached hereto and by this reference made a part hereof (collectively, the "Permitted Exceptions'); STP#576982.1 vj 0m :i r- Z z e n r;'r'7` I) L I Fill M -O 20 - , ? /I I PINELLAS COUNTY FL OFF. REC. BK 14004 PG 578 TO HAVE AND TO HOLD the same in fee simple forever; and GRANTOR hereby, covenants with Grantee that it is lawfully seized of the Property in fee simple; that it hasfgodd;right and lawful authority to sell and convey the Property; that it hereby fully warrants t}le tale to the Property and will defend the same against the lawful claims of all persons who SO' er; and that the Property is free of all encumbrances, except for the Permitted Exceptions. ; This is cotr}mercial property and is not, nor has it ever been, the Homestead of the Grantor. 4 first t v IN WITSS WHEREOF, Grantor has executed this Warranty Deed on the day and year SES;, j4fi OA (sign is h,A j 1 gi n th' line) on is line) (Print name legibly on this line) SM576992.1 ?. L 4,L`, ALEXANDROS GALIATSATOS, AS TRUSTEE OF THE ALEXANDROS GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 STAMO G. GALIATSATOS, AS TRUSTEE OF THE STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 Q ---"? J 0 n-, 0 rt IV C f O CP9 i 33 1 -! © - 1 • PINELLA;S COUNTY FL OFF. REC. BK 14004 PG 579 • STATE OF FLORIDA +) `' COUNTY OF PINELLAS.; ;?. The foregoing ins rftmeiit was acknowledged before me this L day of 2004, by ALEXANDR6 O?LIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER VIVOS TRUS'I'`AGREEMENT DATED MARCH 3, 1997 individua n the Trust. He is personally known to me or has produced ce) driver's license no. & 4?))- obn ?- 0'94 -0 as identification. t k My Commis`sipil) xpires: -;? NOTARY PUBLIC (Sign e) r? SPAT) ,a P • ?,ERPIRES:Seplember29,2006 . ` ; (Printed Name) - .; . ,.e?,gcanwrmmfPUUCwd..w. r it 1 STATE OF FLORIDA COUNTY OF PINELLAS (Title or Rank) (Serial Number, if any) The foregoing instrument was acknowledged before me this _ day of 2004, by STAMO G. GAL:IATSATOS, as Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997, individually ape a e Trust. She is personally known to me or has produced Fj A= (star driver's license no 6:459-11,90-3(-16,2 -0 as identification. My Commission Expires: ARY SEAL) yt?"?+ff?ty-.. DAVIDRp(1fQAK ?1'COA4dISS10N/Dpglpppp S7P#576982.1 c-4M (0,-,4 NOTARY P LIC (Sign I7?MI'? U Y1??t (Printed Name) (Title or Rank) (Serial Number, if any) M 0 M F M 0 d -f C b3 M ^ U ??d PINELLAS COUNTY FL OFF. REC. BK 14004 PG 580 Q 1; EXHIBIT "A" r ` ?? }Leval Description of Propertv Lots 1 and 2, Block A,'C, 0t0MB1A SUB. NO. 2, according to the map or plat thereof as recorded in Plat Book 2I; Page 79, of the Public Records of Pinellas County, Florida. `` 1 STP#576982.1 0 0 tTt L.? ?{ O U u a+ 0 K; '7'. 1 r1 aC, , 0 0 PINELLAS COUNTY FL OFF. REC. BK 14004 PG 581 !1 ,t EXHIBIT "B" Permitted Exceptions 1. Taxes for the yeg.g5, and all subsequent years, which are not yet due and payable. 2. Matters on Plat recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida.., ` ..' ; 3. Rights_bf tenants and possession under verbal leases. 4. Der,14at qn of Unity of Title recorded in Official Records Book 9849, beginning at Page 292, of the Public Records of Pinellas County, Florida. gh8(of the United States Government and/or the State of Florida arising under the fifes Government control over navigable waters and the inalienable rights of the State of the lands or water of similar character, as to any part of the Property which is I beneath navigable waters or maybe artificially filled in land in what was formerly waters, and any accretions thereto. STP#376982.1 w ??? i's? tl"fJ?? 0 'S J s. 4 f 4 ?s..a i 1 6f? l I#: 2005019858 BK: 14067 PG: 1895, 01/18/2005 at 03:14. PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $15400.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC3 THIS WARRANTY DEED made the day of January, 2005, by SEACOVE PARTNERS, an Illinois General Partnership, hereinafter called the grantor, to AGOSTINO,.0IdIOVANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co- Trustees'of fhe Tropicana Resort Land Trust, with full power and authority to deal in and with the `property or any interest therein including full power and authority to protect, cons..erve sell, lease, encumber, develop, manage or dispose of the property, including all P pow rs under FS689.071(1), whose mailing address is 163 Bayway Drive, Clearwater, FL 337.6 (reinafter called the grantees: ;WITNESSETH: That the grantor, for and in consideration of the sum of TEN -($1x,00) DOLLARS and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, alienss, remises, releases, conveys and l L confirms unto the grantees, all that certain land situate in Pinellas County, Florida, to-wit: FOR LEGAL SEE EXHIBIT "A" ATTACHED HERETO TOGETHER with all the tenaments, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed the day and year first above written. Signed, sealed and delivered in our presence: Pnnt: F Print: SEACOVE PARTNERSHIP, an Illinois General Partnership Byff?„/J2e _ '--?e L. RobBrSon, General Partner By: Paul J.&robscheid, General Partner STATE OF FLORIDA COUNTY OF PINELLAS HEREBY -CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared EARLE L. ROBERSON and PAUL J. HOBSCHEID, General Partners of SEACOVE PARTNERSHIP, an Illinois General Partnership, who are personally known to me or who produced driver's licenses as identification. They acknowledge that they executed the foregoing Warranty Deed for an on behalf of said partnership. WITNESS my hand and seal in the County and State last aforesaid this ?- day of January, 2005. (1 / / . /.f RETURN TO: Prepared by: JERRY C. COBB, ESQUIRE 501 S. Ft. Harrison Ave., #206 Clearwater, FL 33756 _e"'i 3-" CCobb MYamwmm# 0024M42 DARES rxp +ra°nmum° wtMLRk%lmwe M ° t nm j 6 -? _ U O gr C:) t1t ° ?T ( r +.S 3 t . r . .-.-.- • PINELLAS COUNTY FL OFF. REC BK 14067 PG 1896 • Lot 4 in Block'A,bf COLUMBIA SUBDIVISION NO. 2, according to the map or plat thereof reedrde4dii Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. PA7t'C. I L1 TO. 2: Luis-.Z,and 2-A, COLUMBIA SUBDIVISION NO. 3, LESS the Southerly 45 feet thereof; a416f part of Lot 1 in CODUUMBIA SUBDIVISION NO. 3, described as follows: Begin '; Point in the West boundary of said lot, which said point is located 24.87 feet North along satd`line from the Southwest corner of said lot for a Point of Beginning; and from the Point 411eginning thus established, run thence South a distance of 24.87 feet to the Southwest lcomer of said lot; run thence East along the South boundary of said lot a distance of 110 feet J 'to the Southeast comer of said lot; run thence North Along the East boundary of said lot a distance of 26.5 feet; run thence West in a straight line to the established Point of Beginning. Together with the South 26.5 feet of Lot 1-A in said COLUNIDIA SUBDIVISION NO. 3, according to the map or plat thereof recorded in Plat Book 27, Page 46, of the Public Records `- of Pinellas County, Florida. EMMIT "A" c C- M' M =? ;? rf vii ?z n M _ CJ EXHIBIT D COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2009, by Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule A attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides. for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-.size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the r -E- E-- 10 it ? iC) 0 G r? 0 C M M. r"3 c __; s 0 0 sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. Such units must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as a primary or permanent residence. 2.1.2 Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than 31 days, provided every occupancy is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. All hotel units shall be licensed as a public lodging establishment, a portion of which may be classified as a fractional share unit. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public I Q' M lodging establishment," "hotel," "time share," and c-) M "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2009). p m 0 2.2 Closure of Improvements and Evacuation. The Hotel developed; on the Real Property shall be closed as soon as practicable upon F? E the issuance of a hurricane watch by the National Hurricane ' h Center, which hurricane watch includes Clearwater Beach, and all j" Hotel guests, visitors and employees other than emergency and t security personnel required to protect the resort, shall be evacuated ?--- - from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane 2 Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] F r y- t r r... :m t t T? f1f1f1 iJJ ?,.a 7j 4 :ltl 3 • IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this , day of 2009. WITNESSES: WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust John Conti, as Co-Trustee of the Tropicana Resort Land Trust CITY OF CLEARWATER, FLORIDA Printed Name: Printed Name: By: William B. Horne II, City Manager ?.-. - -- - ,.=- , Attest: Cynthia E. Goudeau, City Clerk .r , Countersigned: n '--1 M c"? © Frank V. Hibbard, Mayor 4 0 • Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is - personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this - day of 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name:_ om C r.! C=::3 M 33 5 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is - personally known to me or who produced as identification. Notary Public Print Name: n M 3 0! Q v -Z rr Tivu M 7 uuU4 3,70 6 0 0 SCHEDULE A HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot IA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. M G- c it E Q ai CZ rz r ril r- ?. t M ?^ g rv o x 7 i .? c „ LID • w EXHIBIT E COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE T7!! H ' ! 4aJ t 7-1 :.. ? -- - - ? -? THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of , 2009 by Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or 1I 1 • portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units that may be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , , 2009. WITNESSES: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: John Conti, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: 0 rn < 0 ?nM # o z c? I .,... M A M. c . 2 - I I ) 1 0 0 Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this - day of 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is - personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is - personally known to me or has produced as identification. rM 0 M ( Notary Public ca Print Name: 71 p r... . i VI b M CC3 d R1 m CD _s 3 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. Notary Public Print Name: Q :;r? ow. Om G DE rr- M > tr, r?s Q 4 SCHEDULE A HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot IA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. ?' ? c) ' - M --- -- :q r ®9 C:D cz ? M f.3 r= C?J i a S?,AL^,Ll• Receipt #: 1200900000000005314 Date: 08/03/2009 r Line Items: 8/3/2009 12:08:52PM Case No Tran Code Description Revenue Account No Amount Paid FLD2009-08026 Fire - Prelim Site Plan 001000000342501000 200.00 FLD2009-08026 04 Flexible Commercial 001000000341262000 1,205.00 DVA2009-00002 Development Agreement Fee 001000000341262000 1,500.00 Line Item Total: $2,905.00 Payments: Method Payer Bank No Account No Confirm No How Received Amount Paid Check TROPICANA RESORT MOTELS R_D 1176 In Person 2,905.00 LLC Payment Total: $2,905.00 s 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 PLANNING & DEVELOPMENT • • CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 December 21, 2009 E.D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 RE: Development Order - DVA2009-00002 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive) Dear Mr. Armstrong: The City Council at their meeting on December 17, 2009, APPROVED a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design and Community Development Code Section 4- 606 for the property at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drivel 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.mycleai-water.com. Sincerely ?- Michael Delk, AICP Planning Director S: (Planning DepartnientlC D BIDevelopment Agreements (DVA)IDVA2009-00001 - Hmnden 300 Hotel A (T) 2009.12 - Approved - WWIHmnden 300 Hotel A DVA CC Decision Letter 12.21.09.doc 111'nuAI FMP1 /1VMFNT ANTI AFF.-TIvr AcTMIV FMDI(WP" I" A 0 0 Wells, Wayne From: jordan behar [behardesign@gmail.com] on behalf of jordan behar [Jordan@behardesign.com] Sent: Monday, December 14, 2009 5:56 PM To: Wells, Wayne Cc: renee@northsideengineering.net; istvan@behardesign.com; Pergo@gulfcoastconsultinginc.com; JayneS@jpfirm.com; ronletize@tampabay.rr.com; Delk, Michael; Clayton, Gina Subject: Re: Tropicana Resorts - Hotel A & B - Valet Parking Layout Wayne, This study was performed as supplemental information to alleviate any concerns related to parking that may arise when the City Council reviews and votes on the Development agreement. We thought it would be a good idea for you to be familiar with the plan. Thank you Jordan Behar On Dec 14, 2009, at 5:49 PM, <Wayne.tit,clIsC( niyC]ear«-ater.com> wrote: Renee - The CDB approved the Flexible Development applications for Hotels A and B on November 17, 2009. Could you please enlighten me as to why you are sending me the attachments showing valet parking, which were not part of the approved plans? I am also in receipt of a follow-up email with a replacement Sheet C3.3. Wayne From: Renee Ruggiero [mailto:renee@northsideengineering.net] Sent: Saturday, January 01, 2005 2:07 AM To: Wells, Wayne Cc: 'jordan behar'; 'Istvan Peteranecz'; 'Robert Pergolizzi'; 'Jayne E. Sears'; 'Ron Letize' Subject: FW: Tropicana Resorts - Hotel A & B - Valet Parking Layout Good Morning Wayne, Attached above please find two additional parking plans for the Tropicana Resorts Hotels A & B. There are a total of three parking plans for the development; one plan provides 100% self parking with 302 parking spaces (contained within our original plan sets) and is substantiated by the Parking Study; the second plan (C32) provides 376 parking spaces utilizing the 2nd and 3rd floors of the garage in a valet layout meeting the required number of spaces as reflected within the Mixed Use Parking Chart. The 3`d plan (C3.3) contemplates 100% valet parking and provides a total of 408 spaces for peak demand events and exceeds the required number of parking spaces for the developments. Please feel free to contact me if you have questions or require additional information. Thank you, Renee Ruggiero, Senior Project Planner WtDl1 &a I0 N Engineering Services, Inc. 300 S. Belcher Rd Clearwater, FL 33765 (%;) 727 443 2869 x 111. (c) 727 235 8475 (t) 727 446 8036 From: Nicole Allen [ma i Ito: n icole@northsideeng i neeri ng. net] Sent: Monday, December 14, 2009 10:18 AM To: renee northsideengineering.net Subject: Valet Parking Layout Nicole Allen, Engineering Technician Honnside Engineering Services, Inc. 300 S. Belcher Rd Clearwater, FL 33765 (.,) 727 443 2869 x 1.1.5 (t) 727 446 8036 Wells, Wayne From: Renee Ruggiero [renee@northsideengineering.net] Sent: Saturday, January 01, 2005 2:07 AM To: Wells, Wayne Cc: 'jordan Behar; 'Istvan Peteranecz'; 'Robert Pergolizzi; 'Jayne E. Sears; 'Ron Letize' Subject: FW: Tropicana Resorts - Hotel A & B - Valet Parking Layout Attachments: C3.2.pdf; C3.3.pdf Good Morning Wayne, Attached above please find two additional parking plans for the Tropicana Resorts Hotels A & B. There are a total of three parking plans for the development; one plan provides 100% self parking with 302 parking spaces (contained within our original plan sets) and is substantiated by the Parking Study; the second plan (C3.2) provides 376 parking spaces utilizing the 2nd and 3`d floors of the garage in a valet layout meeting the required number of spaces as reflected within the Mixed Use Parking Chart. The 3`d plan (C3.3) contemplates 100% valet parking and provides a total of 408 spaces for peak demand events and exceeds the required number of parking spaces for the developments. Please feel free to contact me if you have questions or require additional information. Thank you, Renee Ruggiero, Senior Project Planner Northside Engineering Services, Inc. 300 S. B lcher Rd Clearwater, FL 33765 (v) 727 443 2869 x 1.11 (c) 727 235 8475 (t) 727 446 8036 From: Nicole Allen [maiIto:nicole@northsideengineering.net] Sent: Monday, December 14, 2009 10:18 AM To: renee@northsideengineering.net Subject: Valet Parking Layout Nicole Allen, Engineering Technician Northside Engineering Services, Inc. 300 S. Belcher Rd Clearwater, FL 33765 (v) 727 443 2869 x .115 (t) 727 446 8036 Wells, Wayne From: Renee Ruggiero [renee@northsideengineering.net] Sent: Monday, December 14, 2009 1:34 PM To: Wells, Wayne Cc: 'jordan behar'; 'Istvan Peteranecz'; 'Ron Letize'; 'Robert Pergolizzi'; 'Jayne E. Sears; 'Nicole Allen' Subject: FW: Valet Plan 408 Attachments: C3.3.pdf To All, My sincerest apologies, the previous e-mail did not contain the valet spaces for the first floor on the 100% valet plan, please see the attached PDF for replacement of C3.3 sheet. I apologize for any inconvenience or confusion this may have caused. Thank you, Renee Ruggiero, Senior Project Planner Nollbside Engineering Services, Inc. 300 S. B?lcher Rd Clearw er, FL 33765 (%,) 727 443 2869 x 11.1. (c) 727 235 8475 (1) 727 446 8036 From: Nicole Allen [mailto:nicole@northsideengineering.net] Sent: Monday December 14, 2009 1:29 PM To: renee@northsideengineering.net Subject: Valet Plan 408 Nicole Allen, Engineering Technician NorthSide Engineering Services, Inc. 300 S. Belcher Rd Clearwater, FL 33765 (v) 727 443 2869 x 115 (t) 727 446 8036 I =? ml I I .I Z I I u =I ^i PARKING LEVEL 3 I m PARKING LEVEL 2 I - 1 1 I _ 1 of I I ml I ? _j L TFFq I ISIT I I x E4 F F I IflIdnIl A I I 1 1411 o, I FE I ?? I I ( I I I 3RD LEVEL i 2ND LEVEL i I I REGULAR-121 SPACES i I REGULAR-121SPACES VALET- 42 SPACES mi ml VALET- 32 SPACES ml ai TOTAL: 163 SPACES TOTAL: 153 SPACES i =i I I i =1 @I I =1 I I I I I I I I J ? II I J I I I I TOTAL SPACES INCLUDING VALET - 376 SPACES SCALE: Y'=30' w 0 1s 30 60 m0 ? 3o,u ?W __ n W • m N? W a a z w w ?, V2 1aV/?' m 9 gF nF I- • NN o 1.0 U ¢z FF m J IC 'W o? Q^ bill 0Q -f WN W o? TR t0 W Z o w? F ? FQ -tt N? EB #5936 $ NES Comm.: 0827 Drawn By: N.E.A. CheLked By: H.G. Issue Date: 03/19109 Revisions: No. Dote Description M cla N r J W > W J O a J C7 Z Y a a H LLI a > W V ? J ? w J Z GW f (/) a z J oc W oz M W O SO QQ L W = 7 O N 0M Y. o , a O aC3 °! to azo W ooJ 0LL 0 w 02 G ¢ w Z a 1200 mo O r W _ M M k- d QmQ O JJ? W W a OOJ 22t,a n< m+?n a ME o,a.Em O praon mm wr aaem C3.2 flAM A. GOEL, Ph.D., P.E. 147431 - or iHES[ -s - Hot - uxl6s xex[EA's S W lJ i i i i i - fll 4J L-__-__-__? I I I FRI I 1-? 1 , ?I I I ml ?? i I ' Y ;?I I I ?I I ! I I JI I I I ? I i • i I T Y ? i i i 114 111"1 N I _ _ (KING LEVEL 2 I o? I o- ? o? I r _ i I ? I ? I I °I m? I ' ?? I I I I ( IJ I i II t I I ?I - TOTAL SPACES INCLUDING VALET - 408 SPACES I t O? SCALE: 1"= s ^° ?U ' '..Z ? m° ?S LLWI o W rs? H pu 2 s ?® o Q 7 W O ! n is KQ -7 ma 3w JLL 2 m!1 E9 #5936 I u AI $ u NES Comm.: 0827 warm By: N.EA Chadwd Sr. H.G. 11 Issue Date: 03119109 Revisions: No. once Description 0 / / M ca N J W W v H U) Z Y Q a W J V z J G J W Q W J sz W CDz M W as wx oQ 0 0;? W coLL Q vow Z w?Q W Q D9 m omw M M Q EL am3 J LU Us W ? oo? cd TMrs oww.nw n.w «nAU.on a YMF.wo :»ri AIW» aL ?AOtt"n a ? WxFW. uq WLLigiH AEnvAUCEn, NB?Kr[p Pa t5L0 in wr xax Moran m(<LnSUn a M[t?'ax[FA. m<amut]rov x01 tt9U5H0 C3.3 RAM A. G04 F.D., PX Wtl, EuB]SYiI wi" n'L 4tw5 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III ALEKSAS A. BARAUSKAS BRUCE H. BOKOR CHARLES A. BUFORD GUY M. BURNS KATHERINE E. COLE JONATHAN S. COLEMAN MICHAEL T. CRONIN ELIZABETH J. DANIELS COLLEEN M.FLYNN JENNIFER A. FICARROTTA JOSEPH W. GAYNOR* RYAN C. GRIFFIN MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR.* SHARON E. KRICK ROGER A. LARSON ANGELINA E. LIM MICHAEL G. LITTLE SARAH J.MANTHEY MICHAEL C. MARKHAM ZACHARY D. MESSA F. WALLACE POPE, JR. ROBERT V. POTTER, JR. DARRYL R. RICHARDS PETER A.RIVELLINI DENNIS G. RUPPEL CHARLES A. SAMARKOS SARA A. SCHIFINO SCOTT R SCHII..TZ* KIMBERLY L. SHARPE WILLIAM B. SPOTTSWOOD JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON *OF COUNSEL 911 CHESTNUT ST. • CLEARWATER, FLORIDA 33756 POST OFFICE BOX 1368 • CLEARWATER, FLORIDA 33757-1368 TELEPHONE: (727) 461-1818 • TELECOPIER: (727) 462-0365 December 11, 2009 Hand Delivery Ms. Gwen Hollander Office of City Clerk 112 South Osceola Avenue Clearwater, Florida 33756 Re: 300 Hamden - DVA2009-00002 316 Hamden _ DVA2009-00003 Dear Gwen: FILE No. 50593.117498 Enclosed are two originals of each of the following, executed by the Developer: 1. Development Agreement (Hotel A - 300 Hamden Drive), executed by Agostino . DiGiovanni, Francesco Carriera and John Conti, as Co- Trustees of the Tropicana Resort Land Trust, as Developer; and 2. Development Agreement (Hotel B - 316 Hamden Drive), executed by Agostino DiGiovanni, Francesco Carriera and John Conti, as Co- Trustees of the Tropicana Resort Land Trust, and Flamingo Bay Condominium Developers, LLC, as Developer. It is our understanding both of the referenced cases are scheduled for the City Council meeting on December 17, 2009. If you need any additional items in advance of the Council meeting, please call or email me (JaynesC@_jpfirm.com). Thanks. Sincerely, J yne . Sears Legal Assistant encls. cc: Wayne Wells, AICP #510910 V1 CLEARWATER 4 TAMPA 0 0 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com) Sent: Monday, November 30, 2009 2:11 PM To: Wells, Wayne Cc: Katie Cole; Ed Armstrong Subject: 300 Hamden - Hotel A - DVA2009-00002 (Revised) Attachments: Hotel A DVA Revised.PDF Attached is the final development agreement, revised as you requested.. I will take care of getting the agreement executed by the developer. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 1 • • Wells, Wayne From: Wells, Wayne Sent: Monday, November 30, 2009 11:09 AM To: 'Jayne E. Sears' Cc: Katie Cole; Ed Armstrong Subject: 300 Hamden - Hotel A - DVA2009-00002 Jayne/Katie - I have checked the attached Development Agreement and have the following changes to be made: 1. Section 4 title - There appears to be a space in the word "project" (after the "j"). If so, remove the space. 2. Section 4.3 - Change the paragraph starting with the third line to read: "feet to the top of the architectural embellishment; the project includes 6,650 square feet of non-accessory retail sales and restaurant uses, at a FAR of 0.137 (based on total lot.area); and the project includes approximately 5,190 square feet of accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and approved by FLD2009-08026.". Once the above changes are made, please forward the pdf Final version to me for City Council consideration. And, yes, two signed copies need to be submitted to the City Attorney's office prior to the December 17th City Council meeting. Wayne -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, November 30, 2009 10:14 AM To: Wells, Wayne Cc: Katie Cole; Ed Armstrong Subject: 300 Hamden - Hotel A - DVA2009-00002 Wayne, attached is a pdf of the final development order, including exhibits, which we believe is ready for execution. Please confirm this is acceptable and I will contact Mr. DiGiovanni to obtain 2 signed originals for delivery to the City prior to the Commission meeting. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 1 C diti A i t d Wit on ons ssoc a e DVA2009-00002 p R? 300 HAMDEN DR 6? Zoning Condition Wayne Wells, AICP 727-562-4504 08/24/2009 11/22/09,10/22/09 & 8/24/09 - WW Not Met Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 09/02/2009 11/22/09,10/22/09 & 9/2/09 - WW Not Met Provide electronic versions of the site plan, building elevations and floor plans (unless included in the electronic version of the Development Agreement). 10/22/2009 11/22/09 & 10/22/09 - WW Not Met Page 1 of the Development Agreement - Change the address at the top of the page to "300 Hamden Drive". 11/22/2009 (DRevise Section 4.3 to add an additional sentence (?) indicating this project has 6,650 square feet Not Met of non-accessory retail sales and restaurant uses, at a FAR of 0.137 (based on total-lot area) and approximately 5,190 square feet of accessory uses to the hotel. 11/22/2009 Exhibit B - Need to insert the floor plans. Make sure each floor/level plan is on its own sheet/page Not Met so they are readable (right now all floor/level plans above the ground floor are on one sheet/page - Sheet A2). 11/22/2009 Y Section 4.2 - Unclear why this section does not indicate the number of parking spaces, similar to Not Met that under Hotel B DVA. Revise. Print Date: 11/25/2009 CaseConditons Page 1 of 1 Y . 0 0 Wells, Wayne From: Katie Cole [Katiec@jpfirm.com] Sent: Tuesday, November 24, 2009 11:23 AM To: Wells, Wayne; Dougall-Sides, Leslie Cc: Clayton, Gina; Ed Armstrong; Jayne E. Sears Subject: RE: DVA2009-00002 and DVA2009-00003, 300 and 316 Hamden Drive Wayne and Leslie- I am making some of these changes but do not intend to make some of the others for the reasons below and would like to discuss with Leslie. I left Leslie a message to discuss but will also outline my concerns here so you are aware and can ?discuss wit her, if you'd like. y? a \ \ ?c i c v s;a v?r? ?O.a ? 6.r? ? 59? - v?,•6, o?tL ')1.2?s2 ?T P.w. s ?C .? J ?C tom`` S CI? Q C The below comments were included for both development agreements: J Jl 1. "vertical construction" - Leslie's email to Wayne on 11/10 indicated this language was okay - if you all discussed internally something different, I do not know of it so I will leave it as-is; c 2. Language in Ex. D, sec. 2.1.2 - the suggested language is redundant to sec. 2. 1.1 - it should not be repeated and adds no additional restrictions than those that are already there; 3. Include development limitations noted Parking Study - What limitations? The parking study doesn't restrict its analysis to limitations. It does include certain industry standards as base assumptions (as do all parking and related "studies"). Regardless of these assumptions, the parking study was not a condition of approval and should not be included here. Why would we cloud up the DVA with such limitations, especially when they are not required by Code - the parking study states the retail and restaurant are open from 5 a.m, to 1 a.m.; chances are it will be less but if greater, I doubt anyone is driving to buy a t-shirt at 3 a.m. More likely, that person is walking. I don't understand the point of including this in the development agreement - it is not the basis of the grant of units and not required by code or statute. 4. Include demolition language - this language is included in Sec. 6.1.5 as the basis for grant of units - why would it also be included elsewhere? It is also included in the FLD case as a requirement. 5. Shared Parking garage is addressed by requiring a cross easement (see sec. 6.1.3.4); furthermore, the DVA is tied to the FLD case which has such shared parking as a condition of approval. ` 1 Cox' t BAs to 300 Hamden: Address of DVA to 300 Hamden Drive - this comment was addressed previously - is there another place on the agreement that is incorrect? Every place I found had the correct address As to 316 Hamden - Wayne's last comment: sections 6.1.3.1, 6.1.3.2 and 6.1.3.4 (as well as the whereas clause) all reference that the construction must comply with the approved FLD case; furthermore, 6.1.3.4 requires an easement "as required by FLD...). There is no need include the same restrictions in the DVA as exist in the DO. The DVA is an agreement specific to the GRANT of the bonus units and includes intensity and height information pursuant to state statute. It additionally includes the Code requirements for the grant of units. This extraneous information is unnecessary when the DVA is clearly linked to the DVA case. Jayne is waiting on the electronic copies of plans from the architect and we'll send you an electronic copy of the agreement with all attachments when we get those. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Sunday, November 22, 2009 6:19 PM To: Katie Cole; Jayne E. Sears Cc: Leslie. Dougall-Sides@myClearwater.com; Gina.Clayton@myClearwater.com Subject: DVA2009-00002 and DVA2009-00003, 300 and 316 Hamden Drive Katie - Attached are (hopefully) the final comments needing to be changed in the above referenced DVAs. For those items that are related to Legal Department comments, please coordinate with Leslie Dougall- Sides. Will need confirmation that such changes are acceptable to Leslie. Please make the necessary changes and forward the revised document(s) to me as soon as possible, as we are trying to get this onto the City Council agenoor December 17, 2009. Make sure I gtalectronic versions of the documents also. Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 <<Case Conditions as of 11.22.09 (Hotel A).pdf>> <<Case Conditions as of 11.22.09 (Hotel B).pdf>> ?AKdtipr Bbd PLANNING DEPARTMENT CITY OF C L EARWATE R POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUMCIPAL SERvicEs BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELUHONE (727) 5624567 FAx (727) 5624865 November 23, 2009 E.D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 RE: DVA2009-00002, 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive) Dear Mr. Armstrong: The Community Development Board (CDB) at their meeting on November 17, 2009, voted to recommend to the City Council APPROVAL of a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design for the property at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive). This Development Agreement is scheduled for review and decision by City Council on Thursday, December 17, 2009. 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.rnycleai-water.comlgov,,depts plarining. Sincerely Michael DWAIC , Planning Director S:IPlanning DeparhnentlC D BIFLEX (FLD)IPending casesl Up for the next CDBIDVA2009-00002 - Hmnden 300 Hotel A (T) 2009.xx - 11.17.09 CDB - WWIHmnden 300 Hotel A DVA CDB Decision Letter 11.23.09.doc "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER' ,???P7llf y ? • Conditions Associated With DVA2009-00002 +" 300 HAMDEN DR Zoning Condition Wayne Wells, AICP 727-562-4504 08/24/2009 11/22/09,10/22/09 & 8/24/09 - WW Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 09/01/2009 11 /22/09 - WW Unclear if the "vertical construction" language is acceptable to Leslie Dougall-Sides and Michael Delk. 10/22/09 & 9/1/09 - WW Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: 'The Q? date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to. discuss such with Michael Delk and Leslie Dougall-Sides). 09/01/2009 J 11/22/09,10/22/09 & 9/1/09 - WW Exhibit D, Section 2.1.2 - Replace this Section with the following: "Transient Use. Occupancy in O,,, the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 09/02/2009 11/22/09,10/22/09 & 9/2/09 - WW Provide electronic versions of the site plan, building elevations and floor plans (unless included in the electronic version of the Development Agreement). 10/22/2009 11/22/09 & 10/22/09 - WW Page 1 of the Development Agreement -Change the address at the top of the page to "300 Hamden Drive". 10/22/2009 11/22/09 & 10/22/09 - WW Per Legal - Revise Section 4 to include limitations found in Parking Reduction Study, such as no banquet facilities and small meeting rooms limited to hotel guests, full-service nature of restaurant f and hours of operation of retail and restaurant. 10/22/2009 ) 11/22/09 & 10/22/09 - WW VVV Per Legal - Include in Section 4 or Section 6.1.3.2 a requirement that demolition of existing / structures occur per the Demolition Plan included in FLD application. 10/22/2009 J 11/22/09 & 10/22/09 - WW Per Legal - The shared Parking Garage should be described/addressed in the DVA. By what arrangement is it to be shared? This is not reflected in the DVA. 11/22/2009 Revise Section 4.3 to add an additional sentence (?) indicating this project has 6,650 square feet of non-accessory retail sales and restaurant uses, at a FAR of 0.137 (based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel. 11/22/2009 Exhibit B - Need to insert the floor plans. Make sure each floor/level plan is on its own sheet/page so they are readable (right now all floor/level plans above the ground floor are on one sheet/page - Sheet A2). 11/22/2009 Section 4.2 - Unclear why this section does not indicate the number of parking spaces, similar to that under Hotel B DVA. Revise. Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met CaseConditons Print Date: 11/22/2009 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, November 23, 2009 3:03 PM To: katiec@jpfirm.com; jaynes@jpfirm.com Subject: DVA2009-00002 and DVA2009-00003, 300 and 316 Hamden Drive Katie/Jayne - When I sent the email yesterday asking for the final changes, I asked for ASAP. If I may define ASAP, please have it to me by the end of the day Wednesday, November 25, 2009. 1 have to have the agenda information in to the computer on Monday, November 30th. Thanks. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 4 • Wells, Wayne From: Wells, Wayne Sent: Sunday, November 22, 2009 6:19 PM To: katiec@jpfirm.com; jaynes@jpfirm.com Cc: Dougall-Sides, Leslie; Clayton, Gina Subject: DVA2009-00002 and DVA2009-00003, 300 and 316 Hamden Drive Katie - Attached are (hopefully) the final comments needing to be changed in the above referenced DVAs. For those items that are related to Legal Department comments, please coordinate with Leslie Dougall-Sides. Will need confirmation that such changes are acceptable to Leslie. Please make the necessary changes and forward the revised document(s) to me as soon as possible, as we are trying to get this onto the City Council agenda for December 17, 2009. Make sure I get electronic versions of the documents also. Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 LJ L -J _ Case Case tions as of 11.21ions as of 11.2: Conditions Associated With -:Qy DVA2009-00002 300 HAMDEN DR w 5. Zoning Condition Wayne Wells, AICP 727-562-4504 08/24/2009 11 /22/09,10/22/09 & 8/24/09 - WW Not Met Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 09/01/2009 11/22/09 - WW Not Met Unclear if the "vertical construction" language is acceptable to Leslie Dougall-Sides and Michael Delk. 10/22/09 & 9/1/09 - WW Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: "The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to discuss such with Michael Delk and Leslie Dougall-Sides). ., „ . 09/01/2009 11/22/09,10/22/09 & 9/1/09 - WW Not Met Exhibit D, Section 2.1.2 - Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 09/02/2009 11/22/09,10/22/09 & 9/2/09 - WW .-Not Met Provide electronic versions of the site plan, building elevations and floor plans (unless included in the electronic version of the Development Agreement). 10/22/2009 11/22/09 & 10/22/09 - WW ;Not Met Page 1 of the Development Agreement - Change the address at the top of the page to "300 Hamden Drive". 10/22/2009 11/22/09 & 10/22/09 - WW Not Met Per Legal - Revise Section 4 to include limitations found in Parking Reduction Study, such as no banquet facilities and small meeting rooms limited to hotel guests, full-service nature of restaurant and hours of operation of retail and restaurant. . 1-1 . , - .. , . . . . 10/22/2009 11 /22/09 & 10/22/09 - WW . Not Met Per Legal - Include in Section 4 or Section 6.1.3.2 a requirement that demolition of existing structures occur per the Demolition Plan included in FLD application. 10/22/2009 11/22/09 & 10/22/09 - WW Not,Met Per Legal - The shared Parking Garage should be described/addressed in the DVA. By what arrangement is it to be shared? This is not reflected in the DVA. 11/22/2009 Revise Section 4.3 to add an additional sentence (?) indicating this project has 6,650 square feet Not Met of non-accessory retail sales and restaurant uses, at a FAR of 0.137 (based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel. 11/22/2009 Exhibit B - Need to insert the floor plans. Make sure each floor/level plan is on its own sheet/page Not Met so they are readable (right now all floor/level plans above the ground floor are on one sheet/page - Sheet A2). 11/22/2009 Section 4.2 - Unclear why this section does not indicate the number of parking spaces, similar to Not Met that under Hotel B DVA. Revise. Print Date: 11/22/2009 CaseConditons Page 1 of 1 i • Wells, Wayne From: Wells, Wayne Sent: Thursday, November 12, 2009 11:07 AM To: jaynes@jpfirm.com Cc: Renee Ruggiero (renee@northsideengineering.net) Subject: FLD2009-08026/DVA2009-00002 - 300 Hamden Drive (Hotel A) Jayne - Attached are the Staff Reports for the above referenced FLD and DVA applications. The CDB meeting is at 1:00 pm on Tuesday, November 17, 2009, in City Council Chambers at City Hall, 112 S. Osceola Avenue, Clearwater. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Hamden 300 Hamden 300 tel A FLD Staff tel A DVA Staff I Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, November 10, 2009 2:33 PM To: Wells, Wayne; Watkins, Sherry Subject: GM09-1420-056: FW: 300 and 316 Hamden Drive DVA Attachments: Hotel A DVA (diGiovanniTropicana)_v5.DOC; Hotel B DVA (diGiovanniTropicana)_v4.DOC Importance: High The changes are acceptable to me. (We may want to clarify the Covenant language in future DVAs.) From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Tuesday, November 10, 2009 10:14 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Jayne E. Sears Subject: 300 and 316 Hamden Drive DVA Leslie- Per our conversation, please see the attached, final version of the development agreement. A couple of notes: Wayne had previously expressed concerned about the commencement date being tied to "vertical commencement." This is defined in 6.1.3.2: "The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." " I think this is sufficient. Let me know if there are other concerns and if so, why this is not clear? Also, in regards to the covenant of unified use - sections 6.1.4 and 6.1.5 had different requirements for execution (one building permits and one commencement) and were redundant. The covenant of unified use was already referenced in 6.1.4 but it appears that the "form" DVA added language in 6.1.5 requiring its execution. I deleted that duplicate language and left 6.1.4 the same. Let me know if there are any other issues. I believe Wayne was trying to do his comments today and tomorrow. If you approve of this draft, we can get the final copies to Wayne for the packets this afternoon. Katie 0 0 Wells, Wayne From: Katie Cole [Katiec@jpfirm.com] Sent: Tuesday, November 10, 2009 10:14 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Jayne E. Sears Subject: 300 and 316 Hamden Drive DVA Attachments: Hotel A DVA (d iGiovanniTropicana)_ 5.DOC; Hotel B DVA (diGiovanniTropicana)_v4.DOC Leslie- Per our conversation, please see the attached, final version of the development agreement. A couple of notes: Wayne had previously expressed concerned about the commencement date being tied to "vertical commencement." This is defined in 6.1.3.2: "The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." " I think this is sufficient. Let me know if,there are, other concerns and if so, why this is not clear? Also, in regards to the covenant of unified use - sections 6.1.4 and 6.1.5 had different requirements for execution (one building permits and one commencement) and were redundant. The covenant of unified use was already referenced in 6.1.4 but it appears that the "form" DVA added language in 6.1.5 requiring its execution. I deleted that duplicate language and left 6.1.4 the same. Let me know if there are any other issues. I believe Wayne was trying to do his comments today and tomorrow. If you approve of this draft, we can get the final copies to Wayne for the packets this afternoon. Katie 1 • • Wells, Wayne From: Wells, Wayne Sent: Wednesday, November 11, 2009 10:20 AM To: 'Jayne E. Sears' Cc: Katie Cole; Watkins, Sherry Subject: DiGiovanni Development Agreements (300 & 316 Hamden) Yes, there are changes still necessary. But we will deal with that after CDB. Thanks. From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Wednesday, November 11, 2009 10:19 AM To: Wells, Wayne Cc: Katie Cole; Watkins, Sherry Subject: DiGiovanni Development Agreements (300 & 316 Hamden) Hi Wayne, I have the revised development agreements (plus exhibits) ready to insert into the CDB packages and will come over first thing tomorrow a.m. to do so. These are in the form sent out by Katie yesterday. Leslie indicated that planning has more changes. I'm sure Katie and Leslie can work those out prior to Commission but I'm thinking we should go with this version for CDB, given the timing of your staff.report and packages going out. (This assumes that you would indicate any additional comments in the staff report). Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 Wells, Wayne From: Wells, Wayne Sent: Wednesday, November 11, 2009 1:02 PM To: 'Jayne E. Sears' Subject: DiGiovanni Development Agreements (300 & 316 Hamden) None to my knowledge at this point in time. From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Wednesday, November 11, 2009 1:00 PM To: Wells, Wayne Cc: Katie Cole Subject: RE: DiGiovanni Development Agreements (300 & 316 Hamden) Are you aware of any opposition on these projects? We have not been made aware of any objectors. If you have received any calls or correspondence, please let us know. Thanks. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, November 11, 2009 10:20 AM To: Jayne E. Sears Cc: Katie Cole; Sherry.Watkins@myClearwater.com Subject: DiGiovanni Development Agreements (300 & 316 Hamden) Yes, there are changes still necessary. But we will deal with that after CDB. Thanks. From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Wednesday, November 11, 2009 10:19 AM To: Wells, Wayne Cc: Katie Cole; Watkins, Sherry Subject: DiGiovanni Development Agreements (300 & 316 Hamden) Hi Wayne, I have the revised development agreements (plus exhibits) ready to insert into the CDB packages and will come over first thing tomorrow a.m. to do so. These are in the form sent out by Katie yesterday. Leslie indicated that planning has more changes. I'm sure Katie and Leslie can work those out prior to Commission but I'm thinking we should go with this version for CDB, given the timing of your staff report and packages going out. (This assumes that you would indicate any additional comments in the staff report). Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 V) i 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 10, 2009 12:52 PM To: 'Jayne E. Sears' Cc: Watkins, Sherry Subject: 300 and 316 Hamden - DVA apps If possible, would prefer today. From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, November 10, 2009 12:32 PM To: Watkins, Sherry Cc: Wells, Wayne; Katie Cole Subject: 300 and 316 Hamden - DVA apps We have some revised development agreements on these files that I need to come over and substitute in the CDB packages. I know you are closed tomorrow and I have a closing here this afternoon that will have me tied up for a while. Could I come over about 4 today to replace docs in the packages? or in the alternative, come as soon as you open on Thursday a.m.? Let me know what is best (or least trouble for you). Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 Ili Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 03, 2009 6:51 PM To: 'Jayne E. Sears'; Dougall-Sides, Leslie Cc: Katie Cole; Ed Armstrong Subject: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Attachments: Case Conditions as of 11.3.09 (Hotel A).pdf; Case Conditions as of 11.3.09 (Hotel B).pdf Jayne - Attached are remaining comments after the DRC resubmittal that need to be reflected in the Development Agreements for these two projects. If the revised documents can be submitted and switched out by end of day Monday, that would be great. Don't forget I need an electronic copy of each DVA. Wayne From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, November 02, 2009 9:36 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Katie Cole; Ed Armstrong Subject: RE: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009=00003) Good morning, The comment numbers given below do not "match up" with the planning comments - for example, most recent planning comments on Hotel A only went to #52. Wayne, I think we can still figure out the pertinent comments related to the cross easements but if you have a document that reflects the numbers in Leslie's email, please send it over to us for Katie's reference in drafting the revisions to the development agreement. Thank you. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 -----Original Message----- From: Leslie.Dougall-Sides@myClearwater.com [mailto:Leslie. Dougall-Sides@myC[earwater.com] Sent: Friday, October 30, 2009 5:14 PM To: Jayne E. Sears Cc: Wayne.Wells@myClearwater.com; Katie Cole; Ed Armstrong Subject: RE: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Jayne, can we incorporate some language regarding the use/allocation of the parking spaces among the two Hotels, retail, and restaurant use into the DVA? See Zoning Comments 56, 65, 68, 70, 71, 74, 79, 80, 89,98, 101, and 129. Additionally, Zoning Comment 128 requires that cross-easements for parking, driveway, fire, maintenance, etc. be recorded. It seems appropriate to reference this requirement in the DVA as well. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, October 19, 2009 1:56 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Katie Cole; Ed Armstrong Subject: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Attached, in Word format, are the revised development agreements which were resubmitted on Friday for the 11/17/09 CDB. Please give us any comments you may have so we can get these into "final" form prior to the meeting. Wayne, do you need originals executed by the owners prior to the meeting, or prior to City Commission? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 03, 2009 6:40 PM To: 'Jayne E. Sears' Subject: FLD2009-08026/DVA2009-00002 & FLD2009-08027/DVA2009-00003 - 300 and 316 Hamden Drive I have to get the City Council date and will prepare the signs. I will call you when ready. They should be installed on Friday (no later than Saturday). From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Thursday, October 29, 2009 9:13 AM To: Wells, Wayne Subject: RE: FLD2009-08026/DVA2009-00002 & FLD2009-08027/DVA2009-00003 - 300 and 316 Hamden Drive Wayne, I have to pick up a sign from Cate Lee for another case. I understand from Cate that the deadline is Monday. Could I pick up the signs for these later this afternoon? Thanks. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, October 27, 2009 1:36 PM To: Jayne E. Sears Cc: renee@northsideengineering.net Subject: FLD2009-08026/DVA2009-00002 & FLD2009-08027/DVA2009-00003 - 300 and 316 Hamden Drive Jayne - Attached are the CDB letters for the above referenced. Hotels A and B, to be reviewed by the CDB on November 17, 2009. The original letters are being mailed. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 <<Hamden 300 Hotel A FLD CDB Letter 10.27.09.doc>> <<Hamden 316 Hotel B FLD CDB Letter 10.27.09.doc>> 11 • Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 27, 2009 1:36 PM To: jaynes@jpfirm.com Cc: Renee Ruggiero (renee@northsideengineering.net) Subject: FLD2009-08026/DVA2009-00002 & FLD2009-08027/DVA2009-00003 - 300 and 316 Hamden Drive Jayne - Attached are the CDB letters for the above referenced Hotels A and B, to be reviewed by the CDB on November 17, 2009. The original letters are being mailed. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 E-7 IN Hamden 300 Hamden 316 :)I A FLD CDB LI B FLD CDB L 0 0 CITY OF C LEARWAT E R 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 PLANNING DEPARTMENT E.D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 October 27, 2009 Re: Community Development Board Meeting (Case Nos. FLD2009-08026/DVA2009-00002) Dear Mr. Armstrong: You have filed Case No. FLD2009-08026 for property located generally at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive) for (1) Flexible Development approval to permit a 142-room overnight accommodation use, 3,900 square feet of retail sales floor area and 2,750 square feet of restaurant floor area in the Tourist (T) District with a lot area of 48,190.53 square feet (1.106 acres), a lot width of 167 feet along Hamden Drive, 220 feet along Third Street and 243.68 feet along Coronado Drive, a front (east) setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 13.8 feet (to pavement), a front (north) setback along Third Street of 11.8 feet (to building), 6.7 feet (to upper level balconies) and five feet (to patio), a front (west) setback along Coronado Drive of 16 feet (to building), 12 feet (to upper level balconies) and 5.4 feet (to patio), a side (south and east) setback of zero feet (to building and pavement adjacent to proposed Hotel B), a side (south) setback of 21 feet (to building adjacent to Coronado Drive), a building height of 74.33 feet (from BFE to flat roof) and 82 feet (to top of architectural embellishments) and 182 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of CDC Section 2-803.C, and approval of a two-year development order; and (2) Increase the permitted density by the allocation of 95 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design. Likewise, you have filed a companion Case No. DVA2009-00002 for the same property for the Review of, and recommendation to the City Council, of a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. These cases have been scheduled for review by the Community Development Board on November 17, 2009. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3Td floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727- 562-4504. Sincerely, Aic Wayl M. Wells, AICP Planner III S:Oanning DepartmentlCD BTLEX (FLD) IPending cases lUp for the nest CDBWamden 300 Tropicana Resort Hotel A (T) 2009.xx - 11.17.09 CDB - WWIHamden 300 Hotel A FLD CDB Letter 10.27.09.doc oink "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" • Wells, Wayne From: Wells, Wayne Sent: Monday, October 26, 2009 1:38 PM To: 'Jayne E. Sears' Cc: Katie Cole Subject: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Jayne - The originals will need to be executed prior to City Council, not the CDB. I will prepare the advertising signs for posting on the property and let you know when they are ready for pickup. Wayne From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, October 19, 2009 1:57 PM To: Wells, Wayne Cc: Katie Cole Subject: FW: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Wayne, this is one where I have to post signs. Let me know deadline and when to pick them up. Thanks. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 -----Original Message----- From: Jayne E. Sears Sent: Monday, October 19, 2009 1:56 PM To: 'Leslie. Dougall-Sides@myClearwater.com' Cc: 'Wayne.Wells@myClearwater.com'; Katie Cole; Ed Armstrong Subject: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Attached, in Word format, are the revised development agreements which were resubmitted on Friday for the 11/17/09 CDB. Please give us any comments you may have so we can get these into "final" form prior to the meeting. Wayne, do you need originals executed by the owners prior to the meeting, or prior to City Commission? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 • • Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, October 19, 2009 1:56 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Katie Cole; Ed Armstrong Subject: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Attachments: Hotel B DVA (diGriovanniTropicana)_v3.DOC; Hotel A DVA (diGiovanniTropicana)_v3.DOC Attached, in Word format, are the revised development agreements which were resubmitted on Friday for the 11/17/09 CDB. Please give us any comments you may have so we can get these into "final" form prior to the meeting. Wayne, do you need originals executed by the owners prior to the meeting, or prior to City Commission? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 • 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III ALEKSAS A. BARAUSKAS BRUCEH.BOKOR CHARLES A. BUFORD GUY M. BURNS KATHERINE E. COLE JONATHAN S. COLEMAN MICHAEL T. CRONIN ELIZABETH J. DANIELS COLLEEN M.FLYNN JENNIFER A. FICARROTTA JOSEPH W.GAYNOR* RYAN C. GRIFFIN MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR.* SHARON E. KRICK ROGER A. LARSON ANGELINA E. LIM MICHAEL G. LITTLE SARAH J. MANTHEY MICHAEL C. MARKHAM ZACHARY D. MESSA F. WALLACE POPE, JR. ROBERT V. POTTER, JR. DARRYL R. RICHARDS PETER A. RI VELLINI DENNIS G. RUPPEL CHARLES A. SAMARKOS SARA A. SCHIFINO SCOTT E. SCHILTZ* KIMBERLY L. SHARPE JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON *OF COUNSEL 911 CHESTNUT ST. • CLEARWATER, FLORIDA 33756 POST OFFICE BOX 1368 • CLEARWATER, FLORIDA 33757-1368 TELEPHONE: (727) 461-1818 • TELECOPIER: (727) 462-0365 October 15, 2009 Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Re: DVA2009-00002 - 300 Hamden Drive - Hotel A Application for Development Agreement Dear Wayne: FILE No. 50593.117498 We are resubmitting the referenced application with this letter, together with a proposed development agreement, which has been revised in response to all of your 9/3/09 DRC comments with the exception of the following: 6. Add the following new section: Section 4.5 - No more than 25% of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve. Response: None of the units in Hotel A are planned to have kitchens; however, as the project is not using units from the Destination Resort density pool, the above limitation is not applicable. 8. Section 6.1.3.2 - Second line- Revise to remove the following "in accordance with the approved development order for FLD2009- 08027 and". Response: This was not removed as this is the reference to the appropriate development order assuming the project is approved. OCT 16 T1u9 CLEARWATER TAMPA 0 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Mr. Wayne Wells October 15, 2009 Page 2 20. Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: "The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to discuss such with Michael Delk and Leslie Dougall-Sides). Response: Acknowledged. 21. Exhibit D, Section 2.2.2 - Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) days, whichever is less." Response: This provision was added but amended slightly, as sales of fractional share units are not currently anticipated. Very truly yours, JOHNSON, POPE,BOKOR, R PPEL & BURNS, LLP Katherine E. Cole #505147 v1 - DiGiovanni/DVA/Hotel A/Wells Ur i 0 0 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Tuesday, September 08, 2009 2:49 PM To: Wells, Wayne Subject: RE: 300 and 316 Hamden Thanks Wayne. I'll be taking care of it. FYI, Ed Armstrong's father passed away on Sunday afternoon. We may be out of office part of the day on Thursday for the funeral. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, September 08, 2009 2:46 PM To: Jayne E. Sears Subject: 300 and 316 Hamden You are correct - By re-submitting the FLD applications (responding to comments) by noon on Friday these applications will be scheduled for the October 1 DRC meeting. The DVAs can be re-submitted later, as they were found sufficient to move forward (with the necessary corrections). From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, September 08, 2009 2:35 PM To: Wells, Wayne Subject: 300 and 316 Hamden Just to clarify, on Friday I will be re-submitting the FLD applications and responses to the comments to go back to DRC in October. The DVA applications can just wait and be resubmitted at appropriate time for CDB, correct? 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 01, 2009 4:32 PM To: jaynes@jpfirm.com Cc: renee@northsideengineeringservices.com Subject: DVA2009-00002, 300 Hamden Drive and DVA2009-00003, 316 Hamden Drive Jayne - Attached is the Draft DRC comments for the above referenced applications. The DRC meeting will be held at 12:30 pm on Thursday, September 3, 2009, in the Planning Department conference room, second floor of the Municipal Services Building, 100 S. Myrtle Avenue. Should you have any questions, feel free to contact me. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 LJ ,IM, Draft 9.3.09. Draft 9.3.09 C Action AgendC Action Agend 1 0 0 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, August 07, 2009 3:39 PM To: Wells, Wayne Cc: Akin, Pam; Katie Cole Subject: DVA2009-00002/300 Hamden and DVA2009-00003/316 Hamden Attachments: Hotel A DVA (diGiovanniTropicana)_v1.DOC; Hotel B DVA (diGriovanniTropicana)_v1.DOC Attached for your use are electronic versions of the proposed development agreements for Hotels A and B. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, August 07, 2009 11:11 AM To: jaynes@jpfirm.com Cc: renee@northsideengineeringservices.com Subject: FLD2009-08026 and DVA2009-00002 - 300 Hamden Drive Jayne - Both of the above referenced applications (FLD and DVA) for 300 Hamden Drive (Hotel A) have been found complete and a Letter of Completeness is attached for the FLD case only (electronic version of the DVA is not available). The original Letters of Completeness are being mailed. The DRC meeting for these two applications is September 3, 2009. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 ,tl? Letter of ipleteness - Ho- Clearwater August 07, 2009 Ed Armstrong 911 Chestnut Street Clearwater, Fl 33756 SCITY OF CLEAtWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATER.COM VIA FAX: 727-462-0365 RE: DVA2009-00002 -- 300 HAMDEN DR -- Letter of Completeness Dear Ed Armstrong : The Planning Staff has entered your application into the Department's filing system and assigned the case number: DVA2009-00002. 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 September 03, 2009, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne.Wells@myclearwater.com. Sincerely yours, l ww? Wa e Wells. AICP Planner III Letter of Completeness - DVA2009-00002 - 300 HAMDEN DR I ?r Wells, Wayne From: Wells, Wayne Sent: Wednesday, July 22, 2009 4:43 PM To: 'Jayne E. Sears' Cc: Tefft, Robert; Watkins, Sherry; renee@northsideengineeringservices.com; Ed Armstrong Subject: RE: Filing Fee My understanding is that, in order to dip twice from the Hotel Density Reserve, there must be two hotels on separate lots. Therefore, two applications for each (FLD and DVA). Each hotel will have different acreage, different proposed units allowed by the base density and a different number of units requested from the Hotel Density Reserve. Today, there are many parcels that make up the site of these two proposed hotels. The site plans are going to detail where new property lines will be proposed, and a Minor Lot Adjustment will be required to be accomplished prior to submittal for building permits as a condition of approval. Part of the issues involve the ability to construct one hotel before the other (one could never get built) to ensure the necessary improvements are constructed in conjunction with the one hotel. From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Wednesday, July 22, 2009 4:34 PM To: Wells, Wayne Cc: Tefft, Robert; Watkins, Sherry; renee@northsideengineeringservices.com; Ed Armstrong Subject: RE: Filing Fee So you need 2 DVA Applications, 2 proposed development agreements and 2 FLD applications, is that right? All of these will have the legal description of the entire site? -----Original Message----- From: Wayne.Wells@myClearwater.com [maiIto: Wayne.Wells@myClearwater.com],, Sent: Wednesday, July 22, 2009 4:00 PM To: Jayne E. Sears Cc: Robert.Tefft@MyClearwater.com; Sherry.Watkins@myClearwater.com; renee@northsideengineeringservices.com Subject: Filing Fee I have previously discussed this with Renee Ruggiero with Northside Engineering, where there will be an FLD and a DVA application for each hotel. Filing fees would be double what you refer to below. What has been agreed upon is to submit 15 sets of applications/plans for each application, but the plans would be the same (showing both hotels) but with a site data table that reflects each hotel site (site area, density calculations, parking, etc.). From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Wednesday, July 22, 2009 3:06 PM To: Wells, Wayne Subject: Filing Fee Regarding proposed Digiovanni hotel on Coronado, we will be submitting a development agreement and comp infill application for the August deadline. I want to confirm the fees.... $1,205 comp infill app. + $1,500 dev. agt. app + $200 fire dept. (Total $2,905) 7 Is this correct? Thanks. Long time no talk - our team's doing pretty good, hanging in there - last night was a good one. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 i • 0yv4,)_ DEVELOPMENT AGREEMENT (Hotel A - 300 Hamden Drive) THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated 6 IS 2009, and entered into between AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; 02 rn M ' ,e ;9 . , I n ce on WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida: M y x n Local Government Development Agreement Act ("Act"), authorize the City to enter into rn 3 R c 0 binding development agreements with persons having a legal or equitable interest in real rn ? Z, m property located within the corporate limits of the City. n?f 0 o ' 12.. O n Z 210 WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of ?' o W n °c the City of Clearwater Community Development Code ("Code"), establishing procedures ? ? G and requirements to consider and enter into development agreements. co o WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; WHEREAS, the Developer controls approximately 1.106 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. WHEREAS, the Developer desires to develop the Property by replacing historic hotel units and other uses in order to add 142 overnight accommodation units, meeting rooms, a pool, a retail area, restaurant and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 142 overnight accommodation units, which includes 95 units from the available Hotel Density Reserve; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; 0 0 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has additionally determined that, as of the Effective Date of this Agreement, the proposed project meets all the requirements for an award of additional density from the Hotel Density pool as referenced in Beach by Design; WHEREAS, the City has conducted public hearings as required by § 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called and advertised public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD2009-08026 on , 2009 conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 2 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned by Developer ("Owner"). Such ownership is evidenced by the deeds attached as Exhibit "C." 3.3 The Property is generally located at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive), as more further described in Exhibit A. SECTION 4. Scone of Proiect. 4.1 The Project shall consist of no more than 142 overnight accommodation units, as defined by the Community Development Code. Such units may be traditional hotel rooms or fractional ownership units, as defined in the Code. 4.2 The Project shall include 182 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08026. 4.3 The proposed density of the Project is 148.90 rooms per acre; the proposed height of the building, as defined in the Code, is 74.33 feet to the top of the roof deck and 82 feet to the top of architectural embellishment; the Project includes 6,650 square feet of non-accessory retail sales and restaurant uses at a Floor Area Ratio (FAR) of 0.137 (based on total lot area); and the Project includes approximately 5,190 square feet of accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and approved by FLD2009-08026. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B" and shall include, pursuant to Beach by Design: 4.4.1 Access to units shall be provided through a lobby and internal corridors. 4.4.2 A reservation system and desk area open to hotel guests, typical of a hotel shall be included in the lobby area of the Project. 4.5 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2. 3 0 0 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. ObliEations under this Agreement. 6.1 Oblizations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009- 08026 including any conditions. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with the approved development order for FLD2009-08026 and Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 4 0 0 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "D," that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an appropriate cross-easement as provided in FLD 2009-08026. 6.1.4 Covenant of Unified Use, Unity of Title. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "E;" provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development and Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of the covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 79 hotel units to the Project site in accordance with applicable law. Such grant of units is dependent upon the demolition of existing units, as specified in the Demolition Plan included in FLD 2009-08026. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-08027 and in accordance with Paragraph 6.1.3.2, or if any units of the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) E • consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 95 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 6 • • 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten( 10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11. That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the 7 0 0 Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust 2245 North McMullen Booth Road Clearwater, FL 33759 With Copy to: E. D. Armstrong III, Esq. Johnson Pope Bokor Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 I f the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the' Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably 9 withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. 10 SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES:ame: L ?/1 Printed Name: Q M al o Agostino DiGiovanni, as Co-Trust 6e of the Tropicana Resort Land Trust STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this`!`-day of 2009, by Agostino Digiovanni, as Co-Trus ee of the Tropicana Resort Land Trust, who is personally known to me or has produced F-l-D (All &pu QL as identification. ?Auiui ???M. Notary Public Print Name: R( ula M' su (I I * n 11 • Printed Name: !Z Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust gin Printed Name: v3-ri STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me thi'sT-'day of 4tAaJXA 2009, by Francesco Carriera, as Co-Trustee of the Tropicana_ ResortLand Trusj, who is _ personally known to me or ?/ has produced FL- .&IWAp as identification. \ Public `,`,??p Print Name:A?'""" 9?` f?`'SL ?111/Qfl -` _ati15S10N?.•. i 12 • /U" Printed Name: &i (101,(, . C(( fL/liyl Prited Name: Wan STATE OF FLORIDA COUNTY OF PINELLAS • as Co-Trustee of Tropicana Resort Land Trust The foregoing instrument was acknowledged before me this(ay of7) ? 2009, by John Conti, as Co-Mas e of the Tropicana Res Land Trust, who is _ personally known to me or produced 2, as identification. III fill tary Public {?,? Print Name: IOW LI?? L (S14a LI • . 2oN m S. 13 • Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS V. Hibbard, Mayor The foregoing instrument was acknowledged before me this [&day of j jLpbW2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who Y produced as identification. ??.ri'p AnneMarls Willa No Pub ' f I I COMMI&SDM0841107 1l ` =';; - Print Name: o,,,? QcPIRES: NOV. 24, 2012 uuw?.?` WWW.AARONNOTARKcom Exhibit A Legal Description Exhibit B Site Plan Exhibit C Evidence of Ownership (Deeds) Exhibit D Covenant regarding Hurricane Evacuation and Development, Use and Operation Exhibit E Covenant of Unified Use #497221 v7 - Hotel A DVA (diGiovanni/rropicana) • CITY OF CLEARWATER, FLORIDA By: 2& "- J. "7 =1 William B. Horne II, City Manager 14 ved as to F Leslie K. Douga - ides Assistant City Attorney • EXHIBIT "A" Page 1 of 2 (Hotel A) • F Parcel No. I Street Address Portion of 08/29/15/17604/000/0020 - 316 Hamden Drive 08/29/15/17604/000/0010 309 Coronado Drive 08/29115/17586/001/0010 301 Coronado Drive 08/29/15/17586/001/0040 315 Coronado Drive 0 0 EXHIBIT "A" Page 2 of 2 HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot I for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Are of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot IA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. aFxW Stan rsr E nary XWO PSI E -r= AUM 1. AN CW SOJl7! SafL 9SmM7 OMMMV VMM MW W AMC® UIOf OMM sAff.cr a rosr ka? UM MV M S AMCAO M Z--Z:a-q f fd .t;Nlww coaaw.?a aRrvF _ _ EEtYf bf RMQ p"t _ _ _ ,? - H.4INDFN DRlVF m - Z - 111-11116 ? m n ..u w:rr rr xa. lon.Dois: MOM rvr: S.A. 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A4 L` It: 2004470137 BK: 13977 PG: 909, 12/02/2004 at 05:35 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $24850.OD KARLEEN F. DE BLAMER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMO3 PREPARED 'BY AND RETURN_;'XO?y Stephen 0. Cole, Esquire Macfarlane Ferguson'"k' cMullen ?. 625 Court Street 200 Post Office Box k'B-(33757) Clearwater, Flor''.da) 33756 WARRANTY DEED T6ii ,.INDENTURE made this 4 &day of December 2004, between JEDF`YCOAPORATION Inc., a Florida corporation, of the County of Pxne-ldO, and the State of Florida, Party of the First Part, whose i ?..1 FhiIhg address is 2919 West Say Drive, Belleair Bluffs, Florida ?. `33770, and JOHN CCUTI, FRANCESCO CARR12MA and AGOSTINO DIGIONANNI, N '•,)*s Co-Trustees of TROPICANA RESORT LAND TRUST, with full power and authority either to protect, conserve and to sell, lease, encumber, including all powers as setforth in F.S.689.071, or otherwise dispose of the real property described herein, Party of i the Second Part, whose mailing address is $L Q b 1fr 1- Gt 33?G 7 . W I T N E S S E T H: That the said Party of the First Part, for and in consid- eration of the sum°of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, unto the said Party of the Second Part and its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, and State of Florida, more particularly described as follows: SEE EXHIBIT "A° ATTACHED HERETO AND ?FADS A PART HEREOF. Subject to 2005 real estate taxes; and restrictions, reservations and easements of record. Parcel I.D. No. 08/29/15/17604/000/0010 Together with all the tenements, hereditaments and appur- tenances, with every privilege, right, title, interest and estate, -1- PINELLAS COUNTY FL OFF. REC. BK 13977 PG 910 • r, I ' r- .'1 dower and right'<_Qf dower, reversion, remainder and easement thereto belong --- or in anywise appertaining. TO HAV.jZ';Ae1D TO HOLD the same in fee simple forever. And 1.0?".4aid Party of the First Part does covenant with the said Party of the Second Part that it is lawfully seized of the said pzeai}es, that it are free of all encumbrance, and that it has right and lawful authority to sell the same; and that said?;$?rrty of the First Part doth hereby fully warrant the title x'd•_said land, and will defend the same against the lawful claims off"-all persons whomsoever. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal the day and year first above writ- ten. Signed, Sealed and Delivered I in Our Presence: JEDE CORPORATION, INC., a Florida corporation 77 1 i By. Pr'/Name ;T. Deborah Well , as President Print Name 0. Cast STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that before me personally appeared DEBORAH WELLS,-as President of JEDE CORPORATION, INC., a Florida corporation, DQ to me personally known, [ ] or who has produced a current/valid driver's license as identification and who did take an oath, known to me to be the persons described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to their free act and deed as such officers, for the uses and purposes therein expressed, and the said instrument is the act and deed of said corporation. WITNESS my hand offi • 1 seal at Clearwater, said County and State, this __V_ day of 2004. Not r Publi Print Name: My Commission Expires: [SEAL] ? * sq C4_, W. oo,au?s ?`? ta.,r,.r., E h,pr, 10.2OW a -2- PINELLAS COUNTY FL OFF. REC. BK 13977 PC, 911 • • EXIMI'C .. . i. PARCEL 1: Lots 1 and 1A, CDLDi1DIA SUDDIVISIDN No. 71 according to plat thereof recorded in Plat Hook 21, page 46, Public Records of Pieollaa County, Florida; LES$,t?Xe South 26.$ 'eat of said Lot 1A; and also lose "o, folloving de"sc:iliad portion of Lot 1: Degia at a Point in the most boundary of--s4,id Lot 1, which said point is loeato4 24.97 feet North along the':paiQ'line from the 9DUthwe3t corner of said Lot for a Point of Beginning,?-,aid from the Point of Deginning thus established, run thence South a_;dilkiece"of 24.97 feet to the southwest corner of said Lot 1; run tpen.?,- dasc along the South boundary of said Lot 1, a distance of llo Ceet0t. the Southeast corner of said Lot; =un thence North along the Eas t`',boiffidary of Said lot a distance of 26.5 feet; run thence Best in a 4eraie?r''_ine to the established point of beginning. I j[pFtC,EL 2: ,` .. ,Jl,bc 'three f]1 :n Dleek h of coLUHRZA No_ 2 according to the sap oc plat %thersor as recorded in plat Book 21 Page 79 of the Public Records of piellsa Councy, Florida. '-r'rY 1#: 2004487453 BK: 14004 PG: 577, 12/15/2004 at 02:16 PM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $4433.80 KARLEEN F. DE SLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKRD25 O Recording: 144-0 Doc. stamps: Q } ?1 Int. tax: TOTAL: THIS INSTRUMENT WAS PRITAIRED BY AND, AFTER RECORDING, RE Llki ilq:' David R. Putvak Esquire ' CARLTON FIELDS, P.A:.. 200 Central Avame, SuitkbQ6 St. Petersburg, Florida'33201..,: (727) 821-7000 (727) 822-3768 (Fahsiritile]_' Grantee's TINt -T Parml Nos.;O& F;175586.001.0010 ,D8r1R,1"5-175586.001-0020 WARRAM DEED DEED is given this L day of December, 2004, by '`AIS W7t YI E7fANDROS TOS, as Trustee of the AL.EXANDROS GALL4TSATOS INTER ?1?VOS TRUST T DA MARCH 3G. GALIATSATOS, ••?as; Inlstee of the ALIATSATOS INTER VIVOS TRUST AGREEMENT DATED jvIARCH 3, 1997iling address which is 305 Coronado Drive, Clearwater, Florida '33767 (collectively "Grantor'? to AGOSTINO DIGIOVANM, FRANCESCO CARRIERA, and JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with fult power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or otherwise manage and dispose of the real property described herein, including all those powers as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive, Clearwater, Florida 33767 ("grantee). WITNESSETH: THAT GRANTOR, for and in consideration of TEN AND NO/100THS DOLLARS ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt and legal sufficiency of which are hereby acknowledged by Grantor, has granted, bargained, and sold to Grantee, and Grantee's successors and assigns forever, all Grantor's undivided one third (1/3) interest (1/6 interest from each Grantor) in all of the real property in Pinellas County, Florida, described in xhibit "A" attached hereto and by this reference made a part hereof (the "Fro 7; TOGETHER with: (i) all of the right, title, interest, claim, and demand which Grantor has in and to, all and singular, the benefits, rights, privileges, easements, tenements, hereditaments, and other appurtenances pertaining to the Property, if any; and (ii) all improvements of whatever kind, character, or description to or on the Property, if any; SUBJECT TO ad valorem taxes for the year 2005 and any other taxes or assessments levied or assessed against the Property subsequent to the date hereof, and all of (he matters described in Exhibit `B" which is attached hereto and by this reference made a part hereof (collectively, the "Permitted Exceptions'); aT"576M-1 I sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. Such units must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as 'a primary or permanent residence. 2.1.2 Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than 31 days, provided every occupancy is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. All hotel units shall be licensed as a public lodging establishment, a portion of which may be classified as a fractional share unit. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part 1, Florida Statutes (2009). 2.2 Closure of Im rovements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane 2 • • Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units. to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] • • IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this ?, day of 2009. WITNESSES: WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust John Conti, as Co-Trustee of the Tropicana Resort Land Trust CITY OF CLEARWATER, FLORIDA By: 6i1hPq&mB'17-.oAe II, "City Manager E. Goudeau, City Clerk Coin d- fiiil V. Hibbard, Mayor 4 • STATE OF FLORIDA COUNTY OF PINELLAS • A r ed as to For Les ie K. Doug - es Assistant City Atto ey The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of _, 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PTNF.T.T,AS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust,. who is _ personally known.to me or has produced as identification. Notary Public Print Name: 5 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me thisig day of , 2009, by W AM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is rsonknown to me or who prod ced as identific ti `der p •. AnneMarle W1119 tart' Pu li Kilts- WIRES: Nov. 24, 29:2 P nt Name: WWWAARONNoTARYmm 6 0 0 SCHEDULE A HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Are of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83102'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot 1A, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. 0 0 EXHIBIT E COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Bums, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this -day of , 2009 by Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction' thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or • 11 portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units that may be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of s 2009. WITNESSES: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: John Conti, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: 2 0 0 CITY OF CLEARWATER, FLORIDA By: 2? - A -4.= Printed Name: William B. Horne II, City Manager ? p??oEt Clr'. Printed Name: b 04hia E. Goudeau, City Clerk ???`®????''?? r V. Hibbard, Mayor STATE OF FLORIDA COUNTY OF PINELLAS t Ap ved as to F? Leslie KDouga - 'des Assistant City Att ey The foregoing instrument was acknowledged before me this-day of 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: 3 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this jday of W , 2009, by W LIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who produced as identification. • ago ?"tY rqb A=eIVMe W,llv- a? •r? ?, oilky Pubh1h ,r. '?;?eoM?,?ss?oKSOpeai?o, acPiRes: Nov.2a,zo12 Print Name: 4 0 0 SCHEDULE A HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots I and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83102'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest comer of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot IA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. • (I3oI0q DEVELOPMENT AGREEMENT (Hotel A - 300 Hamden Drive) THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated 2009, and entered into between AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST ("Developer"), its- successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; WHEREAS, the Developer controls approximately 1.106 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. WHEREAS, the Developer. desires to develop the Property by replacing historic hotel units and other uses in order to add 142 overnight accommodation units, meeting rooms, a pool, a retail area, restaurant and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 142 overnight accommodation units, which includes 95 units from the available Hotel Density Reserve; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; 0 0 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has additionally determined that, as of the Effective Date of this Agreement, the proposed project meets all the requirements for an award of additional density from the Hotel Density pool as referenced in Beach by Design; WHEREAS, the City has conducted public hearings as required by § 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called and advertised public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD2009-08026 on , 2009 conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and- correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 2 0 0 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned by Developer ("Owner"). Such ownership is evidenced by the deeds attached as Exhibit "C." 3.3 The Property is generally located at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive), as more further described in Exhibit A. SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 142 overnight accommodation units, as defined by the Community Development Code. Such units may be traditional hotel rooms or fractional ownership units, as defined in the Code. 4.2 The Project shall include 182 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2009708026. 4.3 The proposed density of the Project is 148.90 rooms per acre; the proposed height of the building, as defined in the Code, is 74.33 feet to the top of the roof deck and 82 feet to the top of architectural embellishment; the Project includes 6,650 square feet of non-accessory retail sales and restaurant uses at a Floor Area Ratio (FAR) of 0.137 (based on total lot area); and the Project includes approximately 5,190 square feet of accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and approved by FLD2009-08026. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B" and shall include, pursuant to Beach by Design: 4.4.1 Access to units shall be provided through a lobby and internal corridors. 4.4.2 A reservation system and desk area open to hotel guests, typical of a hotel shall be included in the lobby area of the Project. 4.5 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2. 0 0 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009- 08026 including any conditions. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 . The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with the approved development order for FLD2009-08026 and Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 4 0 0 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "D," that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an appropriate cross-easement as provided in FLD 2009-08026. 6.1.4 Covenant of Unified Use, Unity of Title. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "E;" provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of.Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development and Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of the covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density_Reserve, • Return of Units to Reserve Pool. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 79 hotel units to the Project site in accordance with applicable law. Such grant of units is dependent upon the demolition of existing units, as, specified in the Demolition Plan included in FLD 2009-08026. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-08027 and in accordance with Paragraph 6.1.3.2, or if any units of the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) 5 • consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, the, conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 95 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 6 0 0 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten( 10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11. That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or . 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the 7 0 0 Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. . Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust 2245 North McMullen Booth Road Clearwater, FL 33759 With Copy to: E. D. Armstrong III, Esq. Johnson Pope Bokor Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 I f the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations • • hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that .notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably 0 0 withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the . plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. 10 0 0 SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: 11 0 0 Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has. produced as identification. Notary Public Print Name: 12 • Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS • John Conti, as Co-Trustee of the Tropicana Resort Land Trust The foregoing instrument was acknowledged 2009, by John Conti, as Co-Trustee of the Tropican personally known to me or has produced before me this_day of , a Resort Land Trust, who is _ as identification. Notary Public Print Name: 13 0 0 Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this _day of. , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. Notary Public Print Name: Exhibit A Legal Description Exhibit B Site Plan Exhibit C Evidence of Ownership (Deeds) Exhibit D Covenant regarding Hurricane Evacuation and Development, Use and Operation Exhibit E Covenant of Unified Use 4497221 v7 - Hotel A DVA (diGiovanni/Tropicana) 14 EXHIBIT "A" Page 1 of 2 (Hotel A) Parcel, No. Street Address Portion of 08/29/15/17604/000/0020 316 Hamden Drive 08/29/15/17604/000/0010 309 Coronado Drive 08/29/15/17586/001/0010 301 Coronado Drive 08/29/15/17586/001/0040 315 Coronado Drive 0 - EXHIBIT "A" Page 2 of 2 HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°5714" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N.81°4425" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Are of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot 1A, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. 0 0 EXHIBIT B Site Plan ham" NXB 1-10 fL0 YICt30M S-ffl, C057JNT ON39W UMM rra? r nAras umwmnun ?r ?or?.w?a it?'arce UK AM= Yom, o-r LO __=' __ 110 ;a?asf ?"i7 xa3o Ps a Q• 7mm r:. 4030 PSI a UWKONADO DRIVE MAN17EN DRIVE NE?el:omm.: 0877 Dr..1 Yt?. ar x.c. I- Date: 03119109 Revi ' ns J J ? sE J xo La ?z z o g?? S a d aY ?zW LLA go>r ca z ? s?W ? a aoi o ??x h ? xx? H u C3.1 • Spanish Tile Roof Body Color 2 (13C-2) Base Color 2 (BA-2) Reds and Gray-Browns SW 6387 Compatible Cream SW 7562 Roman Column " Metal Awnings - Body Color 1 (BC-1) Base Color 1 (BA-1 ) PAC-Clad Burgundy SW 6658 Welcome White a SW 6356 Copper Mountain ? ? ? ? ? loaw.m.u ... 17 Lt [ a EE) X14--, zi M'f=:` D E- D E ®? E3'8 q r -i 11 i ?7l,J, s.Ft t 6.. ? ? ? , ?nar 'mac;' v y ? r EA,TC-AnoN--m,,rNOPoVE + rJ BP. 6ahar ? {wYw:ranax 113.av Nn,y,u.n rywola.8 tlYiUl i.0.5a.O5.MIM15 fNSW41aaT1? Awtaaova I- U) w O ? LL O w m a: w a z U a O W H ulaEOalo 160LTOBFE2]WB x? EIEVAnM A7 BP: =, ??.??.,h. a Ylam t AI?.iI.:A,AS fA+,. cl'?.PM? A.\Y60111 IAI • J w Q 2 F- T 0 0) w Q z Q 0 CL 0 ly H DIOLO8,0 ,e ocroeEa.mR GROUND LEVEL PLAN A1.0 BP: . iK??.A,. n. sxni i A.f9T;.ALAi A A25UUlin1 • U J W H O O to w a z a U CL O X H • lIiGLU9iB 16 TOBER2UU9 LEVEI? PLAN Al.l BP: I ? ?nvan ixf r x'?U:ClnY1: A A'MUOlinf • J W F- O o LL ?/ ? LL u W O o W Z N ) . CL O F- • DIGI.f1B+0 pis a*oeea acne l! K3 P'.,W 6 PM WC.-ICAI A1.2 BP: ?ar>?nbril .41.1 ? N+V913A?xi f Nki. ?:l Ir_rLi A A't5V 51i5? • J W O F O W Q Z Q U a O H 9 ra.?c ?• oicLreEa 1B OCTOBER 2" LEVELI POOL -0 MAfMBEE A 1.3 BP-:?Al ?I[?Ilf "I)Vll'fAl lltX A.AyAVVIiVt • J W H O F- ly' O co w ry Q Z Q U n. O E U.-O 160CTOeER ]VUB wn •?LEM$}q MOTEL AIA • 0 LFr? - 1 J'./ I J.: I g?m x I c . ; •F _•? • _ , l 3 ...ll. .f.. I .? E _ • i ? •' B s ? -?--1+ I 11? ? ? a! J I ? .rF..?: ? 11:7 99 , : ' I • ' I . . x? I i I Q 11 i I ?i ?d'o f.3-•'e _.....---r..._.. _.._.._ • _..-RL.. ._.._. _.._ - ..... C CAI LEVEL - BL G'A' S8 I L.- 5-7 ...-T• ?• ,r` Z LEVEL J, G U- 0 ....... . ........... 5 ._....... 77 . , IF I r .. a t. •. n i E Y I 6...i g - i • I ? W Y i, _ _. -Do- t' r I Y, I f 8 211 I _ _. _, r? cim .._.._ v. o c w I -1 l _ i VEl4 POOLS AND MEN IEVEI LL LE.I P RK G • ? .• A IN BP: IxLur • Srelcrn ata ..118 oxs,.m,ry wrw,'. AA46U01 JOi J W O O w Q Z U CL O PROJECT LOG rmm- o1G?os,o Tczs?--- `W?60CTOBER200P EPL i PLV15 A2 r? (1EABT ELEVATION - M--NDRIVE NOTE:fiEECCIOREIEVATIOR6NEETA11011 TAND t. ?Q MATERIAL COLOR6 "•C.vE' ?'+» BP: IwLar .,x1? ,uu.. 11.4 ..-? M .? lonM ?:hv • IKiwgAe 17. 31MI 1 Y6U01 Jnl J W H 0 0 V) W Q Z Q U a 0 DIGI.0910 tiX63?? JnUOV6T]WO RIVATIONS A3 @NORTM ELEVATION - 3RD BTREET? 1>m B,0cinB'B' Buading'A' • 0 Egg M IM ?> F E , x a »~x Z F 0 3 E3 B 10131 ® ® S } i ID E3 El EB Lwne rww ) e e una rww ! Hna e t ran L.ws L.ae H,w aw. u.n. Nw F 4 f EB EB L • ___ urw) .,,., Ne .rrow - ..a. ? ra.r rnec as a ,.a, .n. NE L..v, .q ....? W? O' rK'N W HSL r¢T ,xN?xw Bulldng'A' ou L=; 8.0ding'8' ?tl eeeJ 8W1ding'a' 8uilding'A' ?ee?? g kOUTH ELEVATION NOTE: SZE MOR ELEVATION SHEET A) FOR PANT AND -ERIAL COLORS vuvs , m Burn: r.m 9 NORTH ELEVATION --LB NOTE: SEE COLOR ELEVATION SHUT AT fOR PLANT AND mATERIU COLORS ?•) ?ai4•? i4 {41AV - -_ i...__.__. _.._. _._ _._.._.__ _.._.._.. --- ------- - ------------ 0.M ;. s _ -_--- ® ®[B ® E3 ® E3 ® El [D E3 M 01 E - _ Rn ,rrrca N.R n ® ® ?? m (ED3 ® ® p Iaa r«nt new ) F ® ® 1 ® ® ® F q m f m BI p i..wc i }{ ma aa.r p ran,e.n. an ¢ NE rl'xG , aaLRr ? -- lie, ui[wa?e Bullding'A' BuiWingV eaetavu \ WEST ELEVATION•CORONADO DRIVE .+A,,,rv NOTE: SEE COLOR ELEVATION ENEET AT FOIS PART ANO 1MTERIAL COLORS ttrun, rw)v Irclur ? Ix•N:)a)ICLz ?I?;..nl :rnn?4 rrn?+•. r?r.,.d:,. n.vxm f 0.'.r,nLnaix1i AAR6u0Ii na J W F- 0 4 O W m a Q U n_ O H CIO,- if, OCTOBER SWA EIEVAlIONS A4 • • EXHIBIT C Evidence of Ownership (deeds) • • 18: 2004470137 BK: 13977 PG: 909, 12/02/2004 at 05:35 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $24850.00 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM03 ' :: 4'. PREPARED BY AND RETUR - Stephen O. Cole, Esquire 6 Macfarlane Fergusog~ r, ullen 625 Court Street, 200 Post Office Box k'5p',-Q33757) Clearwater, Flor,43 P3756 `:l I WARRANTY DEED TIL S,XNDENTURE made this 4day. of December 2004, between JEDF,'`t)CiRl'ORATION INC. , a Florida corporation, of the County of P 6613.4,s, and the State of Florida, Party of the First Part, whose a?Z?fig address is 2919 West Bay Drive, Belleair Bluffs, Florida /..337701 and JOHN CONTI, FRANCESCO CARRIERA and AGOSTINO DIGIOVANNI, Co-Trustees of TROPICANA RESORT LAND TRUST, with full power and authority either to protect, conserve and to sell, lease, encumber, including all powers as setforth in F.S.689.071, or otherwise dispose of the real property described (h?e?reein, Party of the Second Part, whose mailing address is 5/ ? d Gcc 32, 7. f W I T N E S S E T H: That the said Party of the First Part, for and in consid- eration of the sum of Ten Dollars ($10.00).to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, unto the said Party of the Second Part and its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, and State of Florida, more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to 2005 real estate taxes; and restrictions, reservations and easements of record. Parcel I.D. No. 08/29/15/17604/000/0010 Together with all the tenements, hereditaments and appur- tenances, with every privilege, right, title, interest and estate, -1- C PINELLAS COUNTY FL OFF. REC. BK 13977 PG 910 \1 i ? dower and right',,ofdower, reversion, remainder and easement thereto belong 'n/'pr in anywise appertaining.. TO HAV?t AUb TO HOLD the same in fee simple forever. h?' Said Party of the First Part does covenant with the. And said Pa .t§,:o; the second Part that it is lawfully seized of the said pre'm{§es, that it are free of all encumbrance, and that it has;'gpd,>right and lawful authority to sell the same; and that sddd`$.rty of the First Part doth hereby fully warrant the. title 4 . X,6.9aid land, and will defend the same against the lawful claims -;.at-ell persons whomsoever. ??•., IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal the day and year first above writ- ten. Signed, Sealed and Delivered I in Our Presence: JEDE CORPORATION, INC., a Florida corporation .rte By: Q Pr' /Narame;7 Deborah Well , as President Print Name S D. Colt STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that before me personally appeared DEBORAH WELLS, -as President of JEDE CORPORATION, INC., a Florida corporation, DQ to me personally known, [ ) or who has produced a current/valid driver's license as identification and who did take an oath, known to me to be the persons described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to their free act and deed as such officers, for the uses and purposes therein expressed, and the said instrument is the act and deed of said corporation. WITNESS my hand offi 1 seal at Clearwater, said County and State,.this 4L day of ,. _ 2004 Not r Pbblic Prnt Name: My Commission Expires: (SEAL) APVA FW-Or4 E,0.AUV6%IQ, 20- 0 -2- • PINELLAS COUNTY FL OFF. REC. EK 13977 PG 911 • L•?` EXHIBIT ".. PARCEL 1: Lots 1 and in, CbLMOIA SUDDIVISIOH NO. ), according to plat.thereof recorded in Plat Dock 27, page aa, Public Records Ya1so11assocDey, Florida; LE$§;the, south 26.5 fact of said Lot IA; and folloving de',scri?Sed portion Of Lot :Begin lat a og atpoint.in fee tWest boundary 61-a?nid Lot 1, hich s point along the `,s'gid?line from the 6outhvest Corner of said Lot for a Point of BeginningS -and from the Point Of Beginning thus established, run thence • South q"d N"nce-of 224.87 feet to the southwest corner of said Lot 1; distance of run tli gfjc,?.'asc along the south boundary of said Lot it a 110 Ce@t,t?o the southeast corner of soil Lot; run thence North along the Las,t''Iko"dary of said jot a distance of 26.5 feet.; run thence West in a scra•:•idli-tine to the established point of beginning. L Z: COLU ofeas ` recordedo in Plat DockN21A?&go 79a ofothen publichRecord$ oflat las county, Florida. r??,1 ; 0 0 I#: 20044B7453 BK: 14004 PG: 577, 12/15/2004 at 02:16 PM, RECORDING 5 PAGES $44.00 D DOC STAMP COLLECTION $4433.80 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKRD25 i1 Recording: a 60 'Q ., v Doc. stamps: Q ,}73 Int. tax: TOTAL THIS INSTRUMENT WAS PREPARED BY AND, AFTER RECORDING, RETUANT Q:' David R. Punzak, Esquire CARLTON FIELDS, P.A., ?,. 200 Central Avenue, Suite,2+300 SL Petersburg, Florida 13701, (727) 821-7000 ; ""`? (727) 822-3768 (FatsirRile)"f Grantee's TTNt-y?, sib Pazcel Nos.:,UB-YY= Sr175586-001.0010 WARRANTY DEED ????r??I`IIIS WARRANTY DEED is given this A day of December, 2004, by ?-ALE"XANDROS GALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER tftS TRUST AGREEMENT DATED MARCH 3, 1997, and STAMO G. GALIATSATOS, `H-IV ustee of the STAMO GALIATSATOS INTER VNOS TRUST AGREEMENT DATED CH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida X3767 (collectively "Grantor") to AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA, an d JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with full power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or otherwise.manage and dispose of the real property described herein, including all those powers as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive, Clearwateri Florida 33767 ("Grantee'). WITNESSETH: THAT GRANTOR, for and in consideration of TEN AND NO/100THS DOLLARS ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt and legal sufficiency of which are hereby acknowledged by Grantor, has granted, bargained, and sold to Grantee, and Grantee's successors and assigns forever, all Grantor's undivided one third (1/3) interest (1/6 interest from each Grantor) in all of the real property in Pinellas County, Florida, described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Pro ); TOGETHER with: (i) all of the right, title, interest, claim, and demand which Grantor has in.and to, all and singular, the benefits, rights, privileges, easements, tenements, hereditaments, and other appurtenances pertaining to the Property, if any; and (ii) all improvements of whatever kind, character, or description to or on the Property, if any; SUBJECT TO ad valorem taxes for the year 2005 and any other taxes or assessments levied or assessed against the Property subsequent to the date hereof, and all of the matters described in Exhibit "B" which is attached hereto and by this reference made a part hereof (collectively, the "Permitted Exceptions'); STPM376982:1 • PINELLAS COUNTY FL OFF. REC. BK 14004 PG 578 TO HAVE AND TO HOLD the same in fee simple forever; and GRANTOR hereby t pV?nants with Grantee that it is lawfully seized of the Property in fee simple; that it has ,g} 6d, right and lawful authority to sell and convey the Property; that it hereby fully warrants to ittl to the Property and will defend the same against the lawful claims of all persons whomsoever;' and that the Property is free of all encumbrances, except for the Permitted Exceptignk.. This is i{oii}nheicial property and is not, nor has it ever been, the Homestead of the Grantor- . first (Print name legibly on this line) IN 0N?SS WHEREOF, Grantor has executed this Warranty Deed on the day and year 7). ?L t1LEXANDROS GALIATSATOS, AS TRUSTEE OF THE ALEXANDROS GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 S? c ...., 1 , ),f ; ,?....r? STAMO G. GALIATSATOS, AS TRUSTEE OF THE STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 S7PN576"2.I PINELLAS COUNTY FL OFF. REC. BK 14004 PG 579 STATE OF FLORIDA +) COUNTY OF PINELLAS.•") -, The foregoing insteht was acknowledged before me this L day of 2004, by ALEXANDRb?d?LIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER VIVOS TRUS'TT'A6kEEMENT DATED MARCH 3, 1997 individu n ?ehalfct\ the Trust. He is personally known to me or has produced i?- 1e) driver's license no. Cr 4;Q (1GB~ l s - 014 -D as identification. My Commil'i 9 xpires: t i NOTARY PUBLIC (Sign e) 8aeMrlttloo M tedName - 451" *1 i RE&SWWtW29,= (Prin ) ,tea-,PubktV4K*. ? t'\ 5 STATE OF FLORIDA COUNTY OF PINELLAS (Title or Rank) (Serial Number, if any) The foregoing, instrument was acknowledged before me this _ day of 2004, by STAMO G. GALIATSATOS, as Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997, individually e a e Trust She is personally known to me or has produced (siai driver's license no (rg 3.1 ??t $0 - 31? %2- 0 as identification. My Commission Expires: TARP SEAL) oavroa?lsmuc MYCOAIMIp??H?JN?/?DD 9W NOTARY PMLIC'(S-ign (Printed Name) (Title or Rank) (Serial Number, if any) STP#576992.1 • • PINELLAS COUNTY FL OFF. REC. BK 14004 PG 580 EXHIBIT "A" i ;Legal Description of Property Lots I and 2, Block A, ??IA SUB. NO. 2, according to the map or plat thereof as recorded in Plat Book 2 t; Page 79, of the Public Records of Pinellas County, Florida. STPH576992.1 • PINELLAS COUNTY FL OFF. REC. BK 14004 PG 581 EXHIBIT "B" ^?!...} Permitted Exceptions 1. Taxes for the yepi 2005, and all subsequent years, which are not yet due and payable. 2. Matters on Plat recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida.„ '. 3. Rights; a£tenants and possession under verbal leases. 4. Deglaiatio% h of Unity of Title recorded in Official Records Book 9849, beginning at Page 292, of the Nb]io.Records of Pinellas County, Florida. 5. Rights'ofthe United States Government and/or the State of Florida arising under the United S`,Wfes Government control over navigable waters and the inalienable rights of the State of Florida qrs t11e lands or water of similar character, as to any part of the Property which is stibir?iYg4d beneath navigable waters or maybe artificially filled in land in what was formerly pa?igaWe waters, and any accretions thereto. STPN576962.1 • • I#: 2005019858 BK: 14067 PG: 1895, 01/18/2005 at 03:14 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $15400.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC3 I -. WARRANTY DEED THIS 1r(fA72RANTY DEED made the A day of January, 2005, by SEACOVE '• I PARTNER?HI?,-an Illinois General Partnership, hereinafter called the grantor, to AG,OSTIgO,jDIGIOVANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co- Trustees-Utl?e Tropicana Resort Land Trust, with full power and authority to deal in and with the `property or any interest. therein including full power and authority to protect, consdrv sell; lease, encumber, develop, manage or dispose of the property, including all P pow.Qrs Under FS689.071(1). whose mailing address is 163 Bayway Drive, Clearwater; FL 337-P*reinafter called the grantees: ' VWTNESSETH- That the grantor, for and in consideration of the sum of TEN . r ($10,00) DOLLARS and other valuable considerations, receipt whereof is hereby i %?aatnowledged, hereby grants, bargains, sells, alienss, remises, releases, conveys and ?, ,o firms unto the grantees, all that certain land situate in Pinellas County, Florida, to-wit: FOR LEGAL SEE EXHIBIT "A"ATTACHED HERETO TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed the day and year first above written. Signed, sealed and delivered in our presence: SEACOVE PARTNERSHIP, an Illinois General Partnership Print: -Earle L. Roberson, enera Partner C o a'v" By: JOey Print: 1A 1, Paul 1 bscherd, energy Partner STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared EARLE L. ROBERSON and PAUL J. HOBSCHEID, General Partners of SEACOVE PARTNERSHIP, an Illinois General Partnership, who are personally known to me or who produced driver's licenses as identification. They acknowledge that they executed the foregoing Warranty Deed for an on behalf of said partnership. WITNESS my hand and seal in the County and State last aforesaid this day of January, 2005. 1 ? A/// PubC Notary REIUM TO: Prepared by: 501 S. Ft. Harrison Ave., X206 3 1-1 MYCOMSMMWNP DD2402 DM eptember 14 2007 Clearwater, FL 33756 "40 Owu raar,AevWKVAMW 0 0 PINELLAS COUNTY FL OFF. REC BK 14067 PG 1896 • - ' .. . • • i i2 Z .2 r ?f ? t ... t PARCEL NO. Lot 4 in Bloek?A,of COLUMBIA SUBDIVISION NO. 2, according to the map or plat thereof rec&deo,i"Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. L? aird 2-A, COLUMBIA SUBDIVISION NO. 3, LESS the Southerly 45 feet thereof; and'th'af part of Lot 1 in CODUUMBIA SUBDIVISION NO. 3, described as follows: Begin %a? point in the West bound:uy of said lot, which said point is located 24.87 feet North along id line from the Southwest corner of said lot for a Point of Beginning; and from the Point .- - -otBeginning thus established, run thence South a distance of 24.87 feet to the Southwest f. i corner of said lot; run thence East along the South boundary of said lot a distance of I 10 feet to the Southeast comer of said lot; run thence North Along the East boundary of said lot a distance of 26.5 feet; run thence West in a straight line to the estabilsbed Point of Beginning. Together with the South 26.5 feet of Lot 1-A in said COLUMMIA SUBDIVISION NO. 3, i ", according to the map or plat thereof recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. M )IIT "A" 0 0 EXHIBIT D COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2009, by Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule A attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the r • sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. Such units must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as a primary or permanent residence. 2.1.2 Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than 31 days, provided every occupancy is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. All hotel units shall be licensed as a public lodging establishment, a portion of which . may be classified as a fractional share unit. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2009). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane 2 • C] Center shall modify the terminology employed to. warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits. required to build the project {"Project"} and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units. to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] 3 0 0 IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _, day of 2009. WITNESSES: WITNESSES: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name:. John Conti, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Printed Name: CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor 4 0 STATE OF FLORIDA COUNTY OF PINELLAS • Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was . acknowledged before me this day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or has produced as identification. Notary Public Print Name: 0 9 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. Notary Public Print Name: 6 SCHEDULE A HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Are of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot lA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. EXHIBIT E COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of , 2009 by Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction" thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units that may be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by . a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of 52009. WITNESSES: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: John Conti, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: 2 • Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS • CITY OF CLEARWATER, FLORIDA By: William B. Horne Il, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS Notary Public Print Name: The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. Notary Public Print Name: 4 0 0 SCHEDULE A HOTEL "A" Lots 1, 2, 3 and 4, Block A, COLUMBIA SUB. NO. 2, according to the plat thereof as recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. TOGETHER WITH A part of Lots 1 and 2, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said Lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Are of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2, said point also being the Southeast corner of Lot 4 of the aforementioned COLUMBIA SUB. NO. 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. AND ALSO TOGETHER WITH Lot IA, Less the Southerly 8.60 feet thereof, COLUMBIA SUBDIVISION NO. 3, as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. The parcel contains 48,190.53 square feet or 1.106 acres, more or less. Wells, Wayne From: Wells, Wayne Sent: Thursday, December 17, 2009 11:50 AM To: Clayton, Gina; Delk, Michael Subject: Parking for Hotels A and B, 300 and 316 Hamden Drive Michael/Gina - As part of the Flexible Development requests for Hotels A and B (FLD2009-08026 and FLD2009-08027 respectively), included was a parking reduction overall from 376 to 302 parking spaces. While these will be two separate hotels, the parking garage and accesses are shared and there will be appropriate easements recorded for such. Hotel A included: 1. 142 units, with 95 units from the Hotel Density Reserve; 2. 3,900 square feet of retail sales floor area (primary use facing Coronado. Drive); 3. 2,750 square feet of restaurant floor area (primary use facing Coronado Drive); and 4. 5,190 square feet of accessory uses to the hotel (meeting rooms and exercise room, at 6.27% of the hotel gross floor area). Hotel B included: 1. 118 units, with 79 units from the Hotel Density Reserve; 2. 1,335 square feet of retail sales floor area (primary use facing Hamden Drive); and 3. 1,060 square feet of accessory use to the hotel (exercise room, at 1.33% of the hotel gross floor area). It is noted that the floor area of the retail sales and restaurant primary uses reduced the maximum number of hotel units possible (mixed-use calculations were performed for both hotels to ensure the maximum floor area ratios and density were not being exceeded). CDC Section 2-803.1.6 provides that overnight accommodation uses may have parking in the range of 1-1.2 spaces per unit, when the hotel does not have more than 130 rooms and there is a public parking garage within 1,000 feet of the subject property with documented available capacity. Hotel B has 118 units and is within 200 feet of the public parking garage in the Aqualea/Hyatt project (soon to open with 400 public parking spaces). With 170 required parking spaces for Hotel A (142 units x 1.2 spaces/unit), there is 132 spaces available for Hotel B at a ratio of.1.12 spaces per unit. Again, the accessory uses for Hotel B are only 1.33% of the hotel gross floor area (substantially less than the allowable 10%). The conclusion of the submitted Parking Reduction Study was that the 302 parking spaces being provided would be adequate for Hotels A and B and the retail sales and restaurant primary uses. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 0 0 Resolution No. 09-38 - Case No. DVA2009-00002 - 300 Hamden Drive (including 301, 3051 309 and 315 Coronado Drive and a portion of 316 Hamden Drive) SUBJECT/RECOMMENDATION APPROVAL of a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of 95 units from the Hotel Density Reserve established in Beach by Design and adopt Resolution No. 09-38 SUMMARY: The 1. 106 acres is located on the south side of Third Street between Coronado Drive and Hamden Drive. ¦ The subject site has approximately 243 feet of frontage along Coronado Drive and 220 feet of frontage along Third Street. The subject property is being modified from its platted and developed property lines to accommodate the proposed development and will have approximately 167 feet of frontage along Hamden Drive. There are also four waterfront lots on the east side of Hamden Drive that are attached to the properties on the west side of Hamden Drive.. and are 10-foot in depth from Hamden Drive to the water. The waterfront lots are, also being modified to coincide with this proposed hotel (Hotel A) ; and the adjacent hotel. under.FLD2009-08027/DVA2009-00003 at 316 Hamden Drive (Hotel B). The subject property,is currently developed with a 46-unit motel and 138-seat restaurant. ¦ The proposal. is for ari,overnight accommodation use of a total of 142 units (148;90 ,;•; units/acre on net lot acreage, including the allocation of 95 units from the Hotel Density Reserve), restaurant use of 2,750 square feet, retail sales use of 3,900 square feet (0.137 , FAR for restaurant and retail sales uses based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel at a height of 74.33 feet (to flat roof deck). ; ¦ On November 17, 2009, the Community Development Board (CDB) approved with 16 conditions of approval a Flexible Development application for the construction of a 142- unit hotel with associated amenities, restaurant use of 2,750 square feet and retail sales use of 3,900 square feet (FLD2009-08026). The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ? Provides for the allocation of 95 units from the Hotel Density Reserve; ? Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ? Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ? For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ? Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on November 17, 2009, and unanimously recommended approval of the application (DVA2009-00002). S: (Planning DepartmentlC D BIFLEX (FLD) (Pending casesl Up for the next CDBIDVA2009-00002 -Hamden 300 Hotel A (T) 2009.xx - 12.17.09 CC - WWIHamden 300 Hotel A DVA Summaryfor 12.17.09 CCdoc RESOLUTION NO. 09-38 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Agostino Digiovanni, Francesco Carriera and John Conti, as Co- Trustees of the Tropicana Resort Land Trust; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2009. Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 09-38 Wells, Wayne • 0 From: Dougall-Sides, Leslie Sent: Monday, November 30, 2009 12:18 PM To: Wells, Wayne; Hollander; Gwen Cc: Clayton, Gina; Kurleman, Scott Subject: LT09-1420-051: RE: Resolutions for DVAs Gwen is out today. Attached are Resolution Nos.: 09-03=DVA2008-00002; 09-04=DVA2008-00003; 09-38=DVA2009-00002; and 09- 39=DVA2009-00003. MR' ?__? ®-_' I!--] 09-03.doc 09-04.doc 09-38.doc 09-39.doc From: Wells, Wayne Sent: Monday, November 30, 2009 9:04 AM To: Hollander, Gwen Cc: Dougall-Sides, Leslie; Clayton, Gina; Kurleman, Scott Subject: Resolutions for DVAs Gwen - Later today we intend to upload to the December 17, 2009, City Council agenda the following Development Agreements: 1. DVA2008-00003-20 Kendall Street (Scott Kurleman); 2. DVA2008-00002 - 619 S. Gulfview Boulevard (Wayne Wells); 3. DVA2009-00002 - 300 Hamden Drive (Wayne Wells); and 4. DVA2009-00003 - 316 Hamden Drive (Wayne Wells). Could you please confirm that Leslie has prepared the Resolutions for such and then send me a copy of such? We also need to confirm the Resolution numbers so we can add into our information. Thanks. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 C R ? C."'I t ? A CDB Meeting Date: November 17, 2009 Case Number: DVA2009-00002 (Related to FLD2009-08026; and FLD2009- 08027/DVA2009-00003 and FLD2009-09036) Agenda Item: E.1. (Related to D.1.; and D.2., D.3. and E.2.) Owners: John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort Land Trust Applicant: Tropicana Resort Motels, LLC Representative: E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive) CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND USE CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT: Small Motel PROPERTY USE: Current Use: 46-room motel and 138-seat restaurant Proposed Use: Overnight accommodation use of a total of 142 rooms (148.90 rooms/acre on net lot acreage, including the allocation of 95 units from the Hotel Density Reserve), restaurant use of 2,750 square feet, retail sales use of 3,900 square feet (0.137 FAR for restaurant and retail sales uses based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel at a height of 74.33 feet (to flat roof deck) Community Development Board- November 17, 2009 DVA2009-00002 - Page 1 of 4 EXISTING North: Tourist (T) District SURROUNDING Overnight accommodations ZONING AND USES: South: Tourist (T) District Retail sales, Offices and Overnight accommodations East: Preservation (P) District Clearwater Harbor West: Tourist (T) District Overnight accommodations, Restaurant and Retail sales ANALYSIS: Site Location and Existing Conditions: The 1.106 acres is located on the south side of Third Street between Coronado Drive and Hamden Drive. The subject property is currently developed with a 46-room motel and 138-seat restaurant. Development Proposal: The development proposal includes a companion Flexible Development application (FLD2009- 08026) to permit an overnight accommodation use of a total of 142 rooms (148.90 rooms/acre on net lot acreage, including the allocation of 95 units from the Hotel Density Reserve), restaurant use of 2,750 square feet, retail sales use of 3,900 square feet (0.137 FAR for restaurant and retail sales uses based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel at a height of 74.33 feet (to flat roof deck). This proposed hotel (Hotel A) is joined to another hotel (Hotel B, 316 Hamden Drive, FLD2009-08027/DVA2009-00003) through three levels of parking and an amenity deck on the fourth level. There are 182 parking spaces on the Hotel A site. There is also an 18-slip accessory dock planned on the east side of Hamden Drive (FLD2009-09036). Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 95 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ? Provides for the allocation of 95 units from the Hotel Density Reserve; ? Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Community Development Board- November 17, 2009 DVA2009-00002 - Page 2 of 4 ? Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ? For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ? Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of September 3, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. That the 1.106 acres is located on the south side of Third Street between Coronado Drive and Hamden Drive; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2009-08026); Community Development Board- November 17, 2009 DVA2009-00002 - Page 3 of 4 • r 2. That the Development Agreement complies with the standards and criteria of CDC Section 4- 606; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Small Motel character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive). Prepared by Planning and Development Department Staff. Wayne . Wells, AICP, Planner III ATTACHMENTS: ? Development Agreement with Exhibits ? Location Map ? Aerial Map ? Future Land Use Map ? Zoning Map S.• (Planning DepartmentlC D BIFLEX (FLD)IPending cases)Up for the next CDBIDVA2009-00002 - Hamden 300 Hotel A (T) 2009.xx - 11.17.09 CDB - WWIHamden 300 Hotel A DVA Staff Report for 11.17.09 CDB. doc Community Development Board- November 17, 2009 DVA2009-00002 - Page 4 of 4 DEVELOPMENT AGREEMENT CD 13 (Hotel A - 300 Hamden) THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated 2009, and entered into between AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. WHEREAS, Beach by Design as amended by the City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; WHEREAS, the Developer controls approximately 1.106 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. WHEREAS, the Developer desires to develop the Property by replacing historic hotel units and other uses in order to add 142 overnight accommodation units, meeting rooms, a pool, a retail area, restaurant and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 142 overnight accommodation units, which includes 95 units from the available Hotel Density Reserve; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; 0 0 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has additionally determined that, as of the Effective Date of this Agreement, the proposed project meets all the requirements for an award of additional density from the Hotel Density pool as referenced in Beach by Design; WHEREAS, the City has conducted public hearings as required by § 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called and advertised public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, the Community Development Board approved the design and site plan as FLD2009-08026 on , 2009 conditioned upon the approval and execution of this Agreement; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 2 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned by Developer ("Owner"). Such ownership is evidenced by the deeds attached as Exhibit "C." 3.3 The Property is generally located at 300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive), as more further described in Exhibit A. SECTION 4. S cone of Proiect 4.1 The Project shall consist of no more than 142 overnight accommodation units, as defined by the Community Development Code. Such units may be traditional hotel rooms or fractional ownership units, as defined in the Code. 4.2 The Project shall include structured parking, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08026. 4.3 The proposed density of the Project is 148.90 rooms per acre. The proposed height of the building, as defined in the Code, is 74.33 feet to the top of the roof deck and 82 feet to the top of architectural embellishments, as shown on Exhibit "B" and approved by FLD 2009-08026. 4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B" and shall include, pursuant to Beach by Design: 4.4.1 Access to units shall be provided through a lobby and internal corridors. 4.4.2 A reservation system and desk area open to hotel guests, typical of a hotel shall be included in the lobby area of the Project. 4.5 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for 3 Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009- 08026 including any conditions. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy in accordance with the approved development order for FLD2009-08026 and Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 4 0 0 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "D," that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.3.4 The Developer shall execute and record, prior to receipt of building permits, an appropriate cross-easement as provided in FLD 2009-08026. 6.1.4 Covenant of Unified Use, Unity of Title. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "E;" provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development and Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of the covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 79 hotel units to the Project site in accordance with applicable law. Such grant of units is dependent upon the demolition of existing units, as specified in the Demolition Plan included in FLD 2009-08026. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-08027 and in accordance with Paragraph 6.1.3.2, or if any units of the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a 5 0 0 fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 95 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 6 • • 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy, SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten( 10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11. That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the 7 0 0 Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust 2245 North McMullen Booth Road Clearwater, FL 33759 With Copy to: E. D. Armstrong III, Esq. Johnson Pope Bokor Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 I f the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations 8 0 0 hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably 9 0 0 withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion 'of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. 10 • • SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust John Conti, as Co-Trustee of the Tropicana Resort Land Trust CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk 11 Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is - personally known to me or has produced as identification. Notary Public Print Name: 12 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who produced as identification. Notary Public Print Name: Exhibit A Legal Description Exhibit B Site Plan Exhibit C Affidavit of Owner re Contract Exhibit D Covenant regarding Hurricane Evacuation and Development, Use and Operation Exhibit E Covenant of Unified Use #497221 v3 - Hotel A DVA (diGiovanni/rropicana) 13 EXHIBIT A Legal Description of Project Site 0 0 EXHIBIT B Site Plan 0 0 EXHIBIT C Evidence of Ownership (deeds) • EXHIBIT D • COVENANT REGARDING HURRICANE EVACUATION and DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2009, by Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule A attached hereto and made a part hereof '(hereinafter, the ('Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the • • sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. Such units must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as a primary or permanent residence. 2.1.2 Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than 31 days, provided every occupancy is limited to a term of one month or thirty-one (31) consecutive days, whichever is less. All hotel units shall be licensed as a public lodging establishment, a portion of which may be classified as a fractional share unit. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2009). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane 2 0 0 Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidenced by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. [SIGNATURES PAGES TO FOLLOW] 3 0 0 IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this , day of 2009. WITNESSES: WITNESSES: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust John Conti, as Co-Trustee of the Tropicana Resort Land Trust CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor 4 0 0 Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: 5 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who produced as identification. Notary Public Print Name: 6 0 0 SCHEDULE A • • EXHIBIT E COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of , 2009 by Agostino Digiovanni, Francesco Camera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain 'Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or 0 0 portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units that may be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2009. WITNESSES: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: John Conti, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: 2 CITY OF CLEARWATER, FLORIDA By: Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino Digiovanni, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is - personally known to me or has produced as identification. Notary Public Print Name: 3 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is - personally known to me or who produced as identification. Notary Public Print Name: 4 i SCHEDULE A .. " ll?t 0 ; 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, November 09, 2009 10:09 AM To: Wells, Wayne Cc: Delk, Michael Subject: RE: GM09-1420-057: RE: GM09-1420-056: Hamden Drive DVAs I spoke to Katie. She is going to add the Covenant back in. She may propose some amended language for it for consideration in future DVAs. Also, she proposes to add reference to the cross-easements to the DVA and somehow that language did not make it to me. She will send it to me now and I will review it. From: Dougall-Sides, Leslie Sent: Monday, November 09, 2009 9:45 AM To: Wells, Wayne Cc: Delk, Michael Subject: RE: GM09-1420-057: RE: GM09-1420-056: Hamden Drive DVAs I'm to discuss with Katie today. Just left a voicemail for her. This Covenant was quite important to Planning and Legal, and is the mechanism whereby the project may not continue as configured if the allocation is terminated or lapses. Also, these are to be form DVAs, not negotiated DVAs, and as you point out the format documents as well as all other DVAs contain the covenant. The Hurricane Evacuation Covenant does not do precisely the same thing. I'll raise these points with Katie and assume that if they insist upon these changes it may lead to a negative recommendation. Leslie From: Wells, Wayne Sent: Monday, November 09, 2009 9:34 AM To: Dougall-Sides, Leslie Cc: Delk, Michael Subject: GM09-1420-057: RE: GM09-1420-056: Hamden Drive DVAs Leslie - What is the response to the Covenant of Unified Use? We have such in the DVA standard format and it has been in the DVAs already approved or is in the other DVAs still to go to the CDB and/or City Council. Wayne From: Dougall-Sides, Leslie Sent: Monday, November 09, 2009 9:26 AM To: Wells, Wayne; Delk, Michael Subject: FW: GM09-1420-057: RE: GM09-1420-056: Hamden Drive DVAs FYI f d From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Saturday, November 07, 2009 3:02 PM To: Dougall-Sides, Leslie Subject: GM09-1420-057: RE: GM09-1420-056: Hamden Drive DVAs Leslie- Attached are the red-lined versions that incorporate the latest comments. I added the cross-easement language in 6.1.3.4. 1 would also like to delete the covenant of unified use. After reading the revised language of the CCR regarding unified use and hurricane evacuation, there does not appear to be a reason to have this document also. Is there a reason to have both? If so, please let me know. Otherwise, I would like to delete it to keep the chain of title less cluttered. Thanks Katie -----Original Message----- From: Leslie. Dougall-Sides@myClearwater.com [mailto:Leslie. Dougall-Sides@myClearwater.com] Sent: Friday, November 06, 2009 11:24 AM To: Katie Cole Subject: GM09-1420-056: Hamden Drive DVAs I received your voicemail, and am going to be out of the office all afternoon re union bargaining. May I call you Monday morning re the DVAs? I don't anticipate any major issues. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources Zoning Condition 116conditions Associated Wit DVA2009-00003 316 HAMDEN DR Wayne Wells, AICP 727-562-4504 08/24/2009 10/22/09 & 8/24/09 - WW Section 5.1 - Last line - Revise from "4-606G.2" to "4-606.G.2". Not Met 08/24/2009 10/22/09 & 8/24/09 - WW Not Met Section 6.1.6 - Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 08/24/2009 10/22/09 & 8/24/09 - WW Not Met Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 09/01/2009 10/22/09 & 9/1/09 - WW Not Met Exhibit B - When inserting the site plan, ensure the floor plans and elevations are included. 09/01/2009 10/22/09 & 9/1/09 - WW Not Met Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: "The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to discuss such with Michael Delk and Leslie Dougall-Sides). 09/01/2009 10/22/09 & 9/1/09 - WW Not Met Exhibit D, Section 2.1.2 -Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 09/02/2009 10/22/09 & 9/2/09 - WW Not Met Provide electronic versions of the site plan, building elevations and floor plans. 10/22/2009 Section 4.1 -Add at the end of this Section the following: "Such units may be traditional hotel Not Met rooms or fractional ownership units, as defined by the Community Development Code." 10/22/2009 Section 4.4, Line 1 - After "Exhibit B," add "is consistent with Beach by Design, except as Not Met otherwise shown on Exhibit B and" (before "shall include,"...). 10/22/2009 Page 1 - Sixth Whereas, Line 2 - Remove at the end "minimal banquet/meeting space for guest Not Met use," and "lounge/bar, new lobby" but add in "a pool". 10/22/2009 Page 1 of the Development Agreement - Change the address at the top of the page to "316 Not Met Hamden Drive". 10/22/2009 Insert the legal description into Exhibit A and Schedule A to Exhibits D and E. Not Met 10/22/2009 Per Legal - Exhibit D, Page 1, Second Paragraph, Line 2 - Revise "Schedule 1" to "Schedule A" Not Met and do not underline such. 10/22/2009 Per Legal - Revise Section 4 to include limitations found in Parking Reduction Study, such as Not Met hours of operation of retail sales use. 10/22/2009 Per Legal - Include in Section 4 or Section 6.1.3.2 a requirement that demolition of existing Not Met structures occur per the Demolition Plan included in FLD application. 10/22/2009 Per Legal - The shared Parking Garage should be described/addressed in the DVA. By what Not Met arrangement is it to be shared? This is not reflected in the DVA. Print Date: 11/03/2009 CaseConditons Page 1 of 2 DVA2009-00003 316 HAMDEN DR Zoning Condition Wayne Wells, AICP 727-562-4504 10/22/2009 Need to add to Section 4 an additional sentence (?) indicating this project has 1,335 square feet Not Met of non-accessory retail sales use, at a FAR of 0.037 (based on total lot area) and approximately 1,060 square feet of accessory use to the hotel. 10/22/2009 Per Legal - Exhibit C is listed as "Affidavit of Owner re Contract". Why does this differ from the Not Met Deeds referenced in the other DVA? The Owners are listed as "Developer" and presumably proof of ownership should be shown in this Exhibit. 10/22/2009 Per Legal - Property Appraiser site verifies ownership of the parcels, but spell out in the DVA Not Met which entity owns which parcel. Print Date: 11/03/2009 CaseConditons Page 2 of 2 lotq-0 Zoning Condition Conditions Associated With* DVA2009-00002 300 HAMDEN DR Wayne Wells, AICP 727-562-4504 08/24/2009 10/22/09 - WW Not Met Revise Section 4.3 to indicate the proposed building height at "74.33" (rather than 74) feet and 82 feet to the "top of architectural embellishments" (rather than "mid-point of the tower"). Need to add to Section 4 an additional sentence (?) indicating this project has 6,650 square feet of non-accessory retail sales and restaurant uses, at a FAR of 0.137 (based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel. 8/24/09 - WW Add a new Section "4.3 The proposed height of the building is _ feet to the roof deck" (need to fill in the blank). 08/24/2009 10/22/09 & 8/24/09 - WW Not Met Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 08/24/2009 10/22/09 & 8/24/09 - WW Not Met Section 5.1 - Last line - Revise from "4-606G.2" to "4-606.G. 2". 09/01/2009 10/22/09 - WW Not Met Insert the legal description into Exhibit A and Schedule A to Exhibits D and E. 9/1/09 - WW Exhibit A - Revise legal description due to site area/density issue for Hotel B. 09/01/2009 10/22/09 & 9/1/09 - WW Not Met Exhibit B - When inserting the site plan, ensure the floor plans and elevations are included. 09/01/2009 10/22/09 & 9/1/09 - WW Not Met Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: 'The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to discuss such with Michael Delk and Leslie Dougall-Sides). 09/01/2009 10/22/09 & 9/11/09 - WW Not Met Exhibit D, Section 2.1.2 - Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 09/02/2009 10/22/09 & 9/2/09 - WW Not Met Provide electronic versions of the site plan, building elevations and floor plans. 10/22/2009 Page 1 of the Development Agreement - Change the address at the top of the page to "300 Not Met Hamden Drive". 10/22/2009 Per Legal - Exhibit D, Page 1, Second Paragraph, Line 2 - Revise "Schedule 1" to "Schedule A" Not Met and do not underline such. 10/22/2009 Per Legal - Revise Section 4 to include limitations found in Parking Reduction Study, such as no Not Met banquet facilities and small meeting rooms limited to hotel guests, full-service nature of restaurant and hours of operation of retail and restaurant. 10/22/2009 Per Legal - Include in Section 4 or Section 6.1.3.2 a requirement that demolition of existing Not Met structures occur per the Demolition Plan included in FLD application. 10/22/2009 Per Legal - The shared Parking Garage should be described/addressed in the DVA. By what Not Met arrangement is it to be shared? This is not reflected in the DVA. Print Date: 11/03/2009 CaseConditons Page 1 of 1 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, November 02, 2009 9:37 AM To: Wells, Wayne Subject: FW: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) My references were to the Tidemark Conditions listings, some of which are older and may have been addressed. From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, November 02, 2009 9:36 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Katie Cole; Ed Armstrong Subject: RE: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Good morning, The comment numbers given below do not "match up" with the planning comments - for example, most recent planning comments on Hotel A only went to #52. Wayne, I think we can still figure out the pertinent comments related to the cross easements but if you have a document that reflects the numbers in Leslie's email, please send it over to us for Katie's reference in drafting the revisions to the development agreement. Thank you. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 -----Original Message----- From: Leslie. Dougaii-Sides@myCiearwater.com [mailto:Leslie. Dougali-Sides@myClearwater.com] Sent: Friday, October 30, 2009 5:14 PM To: Jayne E. Sears Cc: Wayne.Wells@myClearwater.com; Katie Cole; Ed Armstrong Subject: RE: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Jayne, can we incorporate some language regarding the use/allocation of the parking spaces among the two Hotels, retail, and restaurant use into the DVA? See Zoning Comments 56, 65, 68, 70, 71, 74, 79, 80, 89,98, 101, and 129. Additionally, Zoning Comment 128 requires that cross-easements for parking, driveway, fire, maintenance, etc. be recorded. It seems appropriate to reference this requirement in the DVA as well. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Monday, October 19, 2009 1:56 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Katie Cole; Ed Armstrong Subject: GM09-1420-057: 300 Hamden (DVA2009-00002) and 316 Hamden (DVA2009-00003) Attached, in Word format, are the revised development agreements which were resubmitted on Friday for the 11/17/09 CDB. Please give us any comments you may have so we can get these into "final" form prior to the meeting. Wayne, do you need originals executed by the owners prior to the meeting, or prior to City Commission? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, October 28, 2009 3:51 PM To: Wells, Wayne Subject: GM09-1420-056: RE: DVA for Hotels A and B, 300 and 316 Hamden Drive For purposes of this application the language is o.k. Planning and Legal may want to discuss in the future the effect of MRTA where HOAs are involved. From: Wells, Wayne Sent: Thursday, October 22, 2009 2:59 PM To: Dougall-Sides, Leslie Subject: DVA for Hotels A and B, 300 and 316 Hamden Drive The following is part of your review of the Development Agreements for Hotels A and B: The applicant has apparently added the language, "to the extent permitted by Chapter 712, Florida Statutes (2008)" to the restrictive covenant provisions in Sec. 6.1.5. This reference is to the Marketable Record Title Act. I will review the Act to determine whether this creates any issue. Did you complete your review and is their language okay or not? Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Zoning Condition .Conditions Associated Wit* DVA2009-00002 300 HAMDEN DR Wayne Wells, AICP 727-562-4504 08/24/2009 10/22/09 - WW Not Met f Revise Section 4.3 to indicate the proposed building height at "74.33" (rather than 74) feet and 82 feet to the "top of architectural embellishments" (rather than "mid-point of the tower"). Need to add to Section 4 an additional sentence (?) indicating this project has 6,650 square feet of non-accessory retail sales and restaurant uses, at a FAR of 0.137 (based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel. 8/24/09 - WW Add a new Section "4.3 The proposed height of the building is feet to the roof deck" (need to fill in the blank). 08/24/2009 10/22/09 & 8/24/09 - WW Not Met Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 08/24/2009 10/22/09 & 8/24/09 - WW Not Met Section 5.1 - Last line - Revise from "4-606G.2" to "4-606.G. 2". 09/01/2009 10/22/09 - WW Not Met Insert the legal description into Exhibit A and Schedule A to Exhibits D and E. 9/1/09 - WW Exhibit A - Revise legal description due to site area/density issue for Hotel B. 09/01 /2009 Q 10/22/09 & 9/1/09 - WW 'Not Met Exhibit B - When inserting the site plan,'ensure the floor plans and elevations are included. „ 09/01/2009 10/22/09 & 9/1/09 - WW Not Met Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: "Thee I date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to discuss such with Michael Delk and Leslie Dougall-Sides). 09/01/2009 10/22/09 & 9/1/09 - WW .. . , .. Not, Met Exhibit D, Section 2.1.2 - Replace this Section with the following: "Transient Use. Occupancy in. ;. the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a 5 purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 09/02/20090 10/22/09 & 9/2/09 - WW Not Met Provide electronic versions of the site plan, building elevations and floor plans. 10/22/2009 Page 1 of the Development Agreement - Change the address at the top of the page to "300 Not Met I Hamden Drive". 10/22/2009 J Per Legal - Exhibit D, Page 1, Second Paragraph, Line 2 - Revise "Schedule 1" to "Schedule A" Not Met and do not underline such. 10/22/2009 9Per Legal - Revise Section 4 to include limitations found in Parking Reduction Study, such as no Not Met banquet facilities and small meeting rooms limited to hotel guests, full-service nature of restaurant and hours of operation of retail and restaurant. 10/22/2009 D Per Legal - Include in Section 4 or Section 6.1.3.2 a requirement that demolition of existing Not Met structures occur per the Demolition Plan included in FLD application. 10/22/2009Q Per Legal - The shared Parking Garage should be described/addressed in the DVA. By what Not Met arrangement is it to be shared? This is not reflected in the DVA. Print Date: 10/22/2009 CaseConditons Page 1 of 1 r: • Wells, Wayne From: Doherty, Steve Sent: Thursday, October 22, 2009 2:28 PM To: Watkins, Sherry; DRC Members Subject: RE: RESUBMITTALS FOR THE NOVEMBER CDB MEETING Attachments: image002.gif Please see review status of items below in red. FLD2009-09035 O.K. and PLT2009-00002 Gen. Engineering condition NOT MET 109 S McMullen Booth Road DR12009-00001 O.K. 430 Park Place Blvd FLD2009-09036 DOCK O.K. 300 Hamden Drive FLD2009-08026 O.K. and DVA2009-00002 O.K. 300 Hamden Drive "A" FLD2009-08027 O.K. and DVA2009-00003 O.K. 316 Hamden Drive "B" FLD2009-09033 1225 S Highland Avenue O.K. FLD2009-08030 900 N Osceola Ave-O.K. FLD2009-12033 619 S Gulfview Blvd Stormwater Pre CDB conditions NOT MET From: Watkins, Sherry Sent: Monday, October 19, 2009 8:13 AM To: DRC Members Subject: RESUBMITTALS FOR THE NOVEMBER CDB MEETING DRC Members, Plans for the following cases have been resubmitted for the November 17, 2009 CDB meeting: FLD2009-09035 and PLT2009-00002 109 S McMullen Booth Road DR12009-00001 430 Park Place Bivd FLD2009-09036 DOCK 300 Hamden Drive FLD2009-08026 and DVA2009-00002 300 Hamden Drive "A" FLD2009-08027 and DVA2009-00003 316 Hamden Drive "B" FLD2009-09033 1225 S Highland Avenue FLD2009-08030 900 N Osceola Ave FLD2009-12033 619 S Gulfview Blvd I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have cases reviewed, if possible by 12PM, October 22, 2009 Sherry Watkins Administrative Analyst Planning Department 727-562-4582 Sherry Watkins Administrative Analyst Planning and Development Department 727-562-4582 1 0 0 Wells, Wayne From: Watkins, Sherry Sent: Monday, October 19, 2009 8:13 AM To: DRC Members Subject: RESUBMITTALS FOR THE NOVEMBER CDB MEETING Attachments: image001.gif DRC Members, Plans for the following cases have been resubmitted for the November 17, 2009 CDB meeting: FLD2009-09035 and PLT2009-00002 109 S McMullen Booth Road DR12009-00001 430 Park Place Blvd FLD2009-09036 DOCK 300 Hamden Drive FLD2009-08026 and DVA2009-00002 300 Hamden Drive "A" FLD2009-08027 and DVA2009-00003 316 Hamden Drive "B" FLD2009-09033 1225 S Highland Avenue FLD2009-08030 900 N Osceola Ave FLD2009-12033 619 S Gulfview Blvd I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have cases reviewed, if possible by 12PM, October 22, 2009 Sherry Watkins Administrative Analyst Planning Department 727-562-4582 Sherry Watkins Administrative Analyst Planning and Development Department 727-562-4582 • 0 Wells, Wayne From: Hersh, Jim Sent: Tuesday, October 20, 2009 2:33 PM To: Wells, Wayne Subject: RE: Map Request for FLD2009-08026/DVA2009-00002, 300 Hamden Drive AERIAL EXISTL LOC ZON Map Request D2009-08026.dD2009-08026.dD2009-08026.dD2009-08026.d Form.docx From: Wells, Wayne Sent: Monday, September 14, 2009 8:01 AM To: Hersh, Jim Cc: Herman, Jason Subject: Map Request for FLD2009-08026/DVA2009-00002, 300 Hamden Drive Jim - Attached is a map request for Cases FLD2009-08026/DVA2009-00002 for the property at 300 :Hamden Drive (there are other addresses, but this is the main address we are using). Please note that this;we are referring jp Hotel A and I am attaching a legal description for that portion of the overall survey that is for Hotel Aaproperty: ; If you could show the entire ~. property under the survey, with a line dividing this overall area into the Hotel A and Hotel.. B property, that would be great. If you have any questions, feel free to see me (I am only here limited time on Monday/Tuesday this week). I will bring over the paperwork. The survey you may keep. Thanks- Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 << File: Map Request Form.docx >> 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, September 14, 2009 8:01 AM To: Hersh, Jim Cc: Herman, Jason Subject: Map Request for FLD2009-08026/DVA2009-00002, 300 Hamden Drive Jim - Attached is a map request for Cases FLD2009-08026/DVA2009-00002 for the property at 300 Hamden Drive (there are other addresses, but this is the main address we are using). Please note that this we are referring to Hotel A and I am attaching a legal description for that portion of the overall survey that is for Hotel A property. If you could show the entire property under the survey, with a line dividing this overall area into the Hotel A and Hotel B property, that would be great. If you have any questions, feel free to see me (I am only here limited time on Monday/Tuesday this week). I will bring over the paperwork. The survey you may keep. Thanks- Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Map Request Form.docx I ii 12.30 pm Case Number: DVA2009-00-- 300 HAMDEN DR Owner(s): Tropicana Resort Land Trust eta A-4 C/O Conti, John Tre Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email DAC Representative: Ed Armstrong 911 Chestnut Street Clearwater, F133756 TELEPHONE: 727-461-1818, FAX: 727-462-0365, E-MAIL: eda@jpfirm.com Location: 1.11 ACRES LOCATED ON THE SOUTH SIDE OF THIRD STREET BETWEEN CORONADO DRIVE AND HAMDEN DRIVE Atlas Page: 276A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by;Design..(Related.to FLD2009-08026) Proposed Use:. Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach^Association ; Association(s): TELEPHONE:443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com ; Presenter: Wayne Wells,, PlannerI'IL Attendees Included: CITY: WAYNE WELLS, ROBERT TEFFT, SCOTT RICE, STEVE DOHERTYpELLIOT SHOBERG,' JIM KELLER, TOM GLENN; RICK ALBEE APPLICANT: ED ARMSTRONG, JAYNE SEARS; ROBERT PERGOLIZZI, RENEE RU.GGIERO, :RON BELKO;;' RON LETIZE ORDAN BEHAR GUS'DIGIOVANNI, ISTVAN PETERANECZ The DRC reviewed this application with the following comments: ,. f General Engineering: 1 . No issues. Environmental: 1. No issues. Fire: 1 . No Issues Harbor Master: 1 . No issues. Legal: Development Review Agenda - Thursday, September 3, 2009 - Page 25 DRC Action Ag-d. L I 1 . Revise or address *e following: • a. Fill in blanks as to meeting dates, FLD Numbers, parking spaces [Sec. 4.2] in DVA, Covenant Regarding Hurricane Protection, and Covenant of Unified Use. b. Change signature blocks to match that for Decade Properties DVA. c. Site Plans and Legal descriptions need to be inserted as Exh. B. and Schedule 1/A to Exhs. D and E. d. Sec. 4. 1, Scope of Project, should contain full description of Project, not just number of units. See Exh. B. to Application, Section B.2, Description of Uses. Include retail, restaurant, parking, amenities re DVA2009-00002. Include limitations found in Parking Study such as no banquet facilities and small meeting room limited to hotel guests, full-service nature of restaurant and hours of operation of retail. e. Include requirement that demolition of existing structures occur per Demolition Plan included in FLD application. f Both applications mention small water lots on easterly side of Hamden which provide docks that will serve the property. What is the ownership of these lots and are there any issues with use? Are the docks to be part of the current Project? g. The shared Parking Garage should be described/addressed in each DVA. By what arrangement is it to be shared? This is not reflected in the DVA. h. Change Sec: 6.1.6, Transient Use, to match Decade Properties language [using 31 days]. i. Schedule A to Covenant Regarding Hurricane Protection should be Schedule 1. j. Verify property ownership and corporate status of Land Trust and LLC per Application. k. The applicant has apparently added the language, "to the extent permitted by Chapter 712, Florida Statutes (2008)" to the restrictive covenant provisions in Sec. 6.1.5. This reference is to the Marketable Record Title Act. I will review the Act to determine whether this creates any issue. 4 1. Re DVA2009-00003, Exhibit C is listed as "Affidavit of Owner re Contract". Why does this differ from the Deeds referenced in the other DVA? The Owners are listed as "Developer" and presumably proof of ownership should be shown in this Exhibit. .in. Any; othev site plan issues which have the possibility of impacting ,the DVA process should be addressed n:. Property Appraiser.site;verifies-ownership of the parcels, but spell out in the DVA which.entity: own's.which parcel. ; o. 316 Hamden Drive is; listed as:part':of both applications. It should be covered by: one. or the • ., other.DVA,;not both.: If this is, the parking garage parcel [not clear] it, can be included in one 3 r'r DVA and referenced in the other in the language re parking-sharing [see previous comment]. . p. Since there are two DVAs, the interrelationship between them should be recited. Is it only the parking garage that is shared or are there other features? Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: 1 . No issues Solid Waste: 1 . No issues. Traffic Engineering: 1 . No issues. Planning: Development Review Agenda - Thursday, September 3, 2009 - Page 26 DRC Action Agenda I.I 1 . Add a new Section* The proposed height of the building is Ot to the roof deck" (need to fill in the blank). 2. Section 4.1 - Add at the end of this Section the following: "Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. The proposed density is _ units per acre" (need to fill in the blank). 3 . Section 4.2 - Revise for the following: a. Fill in the number of parking spaces; and b. Change the case number from "FLD2009- " to "FLD2009-08026". 4. Page 2 - Fourth Whereas - Revise "FLD2009- " to FLD2009-08026". 5 . Section 6.1.4 - Revise to add the following: a. Line 7 - Add after "construct the Project." the following: "Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department." b. Line 7 - Replace from "It is understood..." to the end of the Section with the following language "It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida." 6 Add in the following new Sections: "4.4 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B. 4.5 zNomore than 25% of overnight accommodation units shall have full kitchens.-Such, kitchens shall be limited to those units identified on the plans in Exhibit "B" as-. "suites" and;shal.I . . not be located, in any.unitreceived from the Hotel Density . Reserve. 7 Section 3.3 -Revise the,general location address to "300 Hamden Drive (including-301,.305,:30P: and 315 Coronado Drive and a portion of 316 Hamden Drive)". 8. Section 6.1.3.2 - Second line - Revise to remove the following "in ,accordance with the approved development order for FLD2009-08027 and". 9. Section 6.1.3.1 - Fourth line - Revise the FLD case number to "FLD2009-08026". 10. Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 11 . Section 5.1 - Last line - Revise from "4-606G.2" to "4-606.G. 2". 12. Section 6.1.5 - In Lines 7 and 14 revise the FLD number to "FLD2009-08026". 13. Section 6.1.6 - Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 14. Revise Section 4.3 to 4.6 and Section 4.4 to 4.7. 15. Page 11 - Revise the City Manager's name to "William B. Horne II". 16. Exhibit A - Revise legal description due to site area/density issue for Hotel B. 17. Exhibit B - When inserting the site plan, ensure the floor plans and elevations are included. 18. Exhibit D, Page 4 - Revise the City Manager's name to "William B. Horne II". 19. Exhibit E, Page 3 - Revise the City Manager's name to "William B. Horne II". 20. Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: "The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to discuss such with Michael Delk and Leslie Dougall-Sides). Development Review Agenda - Thursday, September 3, 2009 - Page 27 DRC Action Agcnda I.I w 21 . Exhibit D, Section* - Replace this Section with the following: "Oient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 22 . Provide electronic versions of the site plan, building elevations and floor plans. Other: No Comments Notes: SUFFICIENT TO BE PLACED ON THE NEXT CDB AGENDA, HOWEVER, SINCE THE FLD CASE HAS BEEN FOUND INSUFFICIENT, THE DVA NEEDS TO TRACT WITH THE FLD CASE. Development Review Agenda - Thursday, September 3, 2009 - Page 28 DRC Action Agmda 1.1 fI q 12.30 pm Case Number: DVA2009-000-- 300 HAMDEN DR 41 up MUW Owner(s): Tropicana Resort Land Trust C/O Conti, John Tre ! us ' Clearwater, 17133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Ed Armstrong 911 Chestnut Street ' Clearwater, F133756 TELEPHONE: 727-461-1818, FAX: 727-462-0365, E-MAIL: eda@jpfirm.com Location: 1.11 ACRES LOCATED ON THE SOUTH SIDE OF THIRD STREET BETWEEN CORONADO DRIVE AND HAMDEN DRIVE Atlas Page: 276A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between Agostino Digiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust (the property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. (Related to FLD2009-08026) Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: CITY: WAYNE WELLS, ROBERT TEFFT, SCOTT RICE, STEVE DOHERTY, JIM KELLER, TOM GLENN, RICK ALBEE APPLICANT: E.D. ARMSTRONG, JAYNE SEARS, ROBERT PERGOLIZZI, RENEE RUGGIERO, HOUSH GHOVAEE The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: I . No issues. Fire: 1 . No Issues Harbor Master: 1 . No issues. Legal: 1 . No issues. Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: I . No issues Solid Waste: I . No issues. Traffic Engineering: 1 . No issues. Planning: Development Review Agenda - Thursday, September 3, 2009 - Page 26 DRC Acli- Ag.da I.I w 1 . Add a new Section* The proposed height of the building is is to the roof deck" (need to fill in the blank). 2. Section 4.1 - Add at the end of this Section the following: "Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. The proposed density is units per acre" (need to fill in the blank). 3 . Section 4.2 - Revise for the following: a. Fill in the number of parking spaces; and b. Change the case number from "FLD2009- " to "FLD2009-08026". 4. Page 2 - Fourth Whereas - Revise "FLD2009- " to FLD2009-08026". 5 . Section 6.1.4 - Revise to add the following: a. Line 7 - Add after "construct the Project." the following: "Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department." b. Line 7 - Replace from "It is understood..." to the end of the Section with the following language "It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida." 6. Add in the following new Sections: "4AThe design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B. 4.5 No more than 25 % of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve." 7. Section 3.3 - Revise the general location address to "300 Hamden Drive (including 301, 305, 309 and 315 Coronado Drive and a portion of 316 Hamden Drive)". 8. Section 6.1.3.2 - Second line - Revise to remove the following "in accordance with the approved development order for FLD2009-08027 and". 9. Section 6.1.3.1 - Fourth line - Revise the FLD case number to "FLD2009-08026". 10. Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 11 . Section 5.1 - Last line - Revise from "4-606G.2" to "4-606.G. 2". 12. Section 6.1.5 - In Lines 7 and 14 revise the FLD number to "FLD2009-08026". 13. Section 6.1.6 - Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." 14. Revise Section 4.3 to 4.6 and Section 4.4 to 4.7. 15. Page 11 - Revise the City Manager's name to "William B. Horne II". 16. Exhibit A - Revise legal description due to site area/density issue for Hotel B. 17. Exhibit B - When inserting the site plan, ensure the floor plans and elevations are included. 18. Exhibit D, Page 4 - Revise the City Manager's name to "William B. Horne 11". 19. Exhibit E, Page 3 - Revise the City Manager's name to "William B. Horne II". 20. Page 4 - Section 6.1.3.2 - Line 6 - The following has been added from the standard format: "The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date." There needs to be greater definition as to what is meant by "vertical construction", as there are concerns regarding when a project is actually vested (might want to discuss such with Michael Delk and Leslie Dougall-Sides). Development Review Agenda - Thursday, September 3, 2009 - Page 27 DRC Action Agmda 1.1 21 . Exhibit D, Section - Replace this Section with the following: "Oient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." Other: No Comments Notes: SUFFICIENT TO BE PLACED ON THE NEXT CDB AGENDA, HOWEVER, SINCE THE FLD CASE HAS BEEN FOUND INSUFFICIENT, THE DVA NEEDS TO TRACT WITH THE FLD CASE. Development Review Agenda - Thursday, September 3, 2009 - Page 28 DRC Action Agrnda I.I 'F' If 0 • Wells, Wayne From: Wells, Wayne Sent: Wednesday, September 02, 2009 12:32 PM To: Dougall-Sides, Leslie; Hollander, Gwen Cc: Dewitt, Gina; Clayton, Gina Subject: A04-01420: DVAs 2009-00002 and 2009-00003 Leslie - 1. 1 assume that the Resolution No. 09-38 is for DVA2009-00002 and Resolution No. 09-39 is for DVA2009-00003. 2. Thank you for your DRC comments. They were included in the Draft DRC comments sent out yesterday. 3. While changes are necessary in the draft DVA documents, based on the DRC comments, these DVAs will be found sufficient to move forward to the CDB; however, since the companion FLD cases are being found insufficient to move forward to CDB, the DVAs need to track with the FLDs in going to the CDB. 4. These DVAs are Draft #1. Draft #2 will be submitted later with the changes made per the DRC comments. Page numbers may change based on the changes requested. 5. The site and building plans necessary for Exhibit B will change based on the DRC comments for the FLD cases. 6. Based on the existing parcel boundaries and the proposed design, the application includes relocating a property boundaries, which will require a Minor Lot Adjustment and Declaration of Unity of Titles for each Hotel A and Hotel B. The Staff Reports for both hotels will include a condition of approval requiring the approval of the Minor Lot Adjustment and Unity of Titles prior to the issuance of any building permits. The existing parcel (parcel number) with the address of 316 Hamden is included in both applications due to, this proposed relocation of property boundaries. 7. At this point in time it appears that only the garage is shared between the two hotels, but there are Planning DRC comments asking about other design features that may be shared. 8. All addresses affected by these applications cannot be listed in the DRC agenda package, as one address must be chosen as the primary address and the computer only prints this one address. The CDB advertising and the Staff Report will have all affected addresses listed. Wayne From: Dougall-Sides, Leslie Sent: Tuesday, September 01, 2009 12:03 PM To: Hollander, Gwen Cc: Dewitt, Gina; Wells, Wayne Subject: A04-01420: DVAs 2009-00002 and 2009-00003 As requested I have signed Resolutions Nos. 09-38 and 09-39. However, following Council approval please do not route the DVAs for signature until: 1. The applicant has signed them; and 2. 1 have reviewed the DVAs and all Exhibits. Thanks. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone 0 (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources Wells, Wayne From: Dougall-Sides, Leslie Sent: Tuesday, September 01, 2009 12:00 PM To: Wells, Wayne Cc: Akin, Pam Subject: A04-01420: RE: DVA2009-00002 and DVA2009-00003 I am fine with amending the Format to include 1. and 2. Re 1., if we used "as subsequently amended" it would cover all such amendments. Re 3., the language has appeared in prior DVAs and I am o.k. with adding it to the Format if Michael agrees. When we had the discussions of holding the applicant to the Code provisions we did not discuss what effect the "vertical construction" language may have on this. Re 4., we should use the Format version with the 31-day language as approved for Decade. Additional comments: 1. Property Appraiser site verifies ownership of the parcels, but spell out in the DVA which entity owns which parcel; 2. 316 Hamden Drive is listed as part of both applications. It should be covered by one or the other DVA, not both. If,this is the parking garage parcel [not clear] it can be included in one DVA and referenced in the other in the language re parking-sharing [see previous comment]. 3. Since there are two DVAs, the interrelationship between them should be recited. Is it only the parking garage that is shared or are there other features? 4:. Re Section 6.1.3.2 and time frames for construction, note that page 6. Of Exh. B tothe FLD application states, "The Applicant requests a two-year development order due to market conditions Planning staff may want to comment on this request given the intent not to keep units out of circulation if projects are not timely constructed. 5. On the DRC Agenda the full/correct street addresses and property owners need to be listed. 6. If this is going to be a "negotiated" DVA then input of the City Attorney and City Manager's Office should be sought. I will be out of the office September 3 through 8. From: Wells, Wayne Sent: Tuesday, September 01, 2009 10:28 AM To: Dougall-Sides, Leslie Subject: DVA2009-00002 and DVA2009-00003 Leslie - I have been reviewing the above referenced Development Agreements for the September 3, 2009, DRC meeting. I have attached the DVA format version for projects requesting units from the Hotel Density Reserve that you developed. The above referenced applications have added or modified the language from the format version. Are these additions or modifications acceptable as submitted and should the format version be changed to include these additions or modifications for future projects? 1. Page 1 - In the fourth Whereas, in the first line, the following has been added after Beach by Design: "as amended by the City of Clearwater Ordinance No. 7925-08"; 2. Page 3 - Section 4.3 has been added (not in format version). Ed's version is: 114.3 The design of the Pr* as represented in Exhibit B, shall includoursuant to Beach by Design: 4.3.1 Access to units shall be provided through a lobby and internal corridors. 4.3.2 A reservation system and desk area open to hotel guests, typical of a hotel shall be included in the lobby area of the Project." 3. Page 4 - Section 6.1.3.2 - Line 6 - Ed Armstrong has added the following: "The date on which vertical construction commences shall hereinafter be referred to as the "Commencement Date."" 4. Exhibit D, Section 2.1.2 - Ed Armstrong has revised this Section to read "All other units shall be licensed as a public lodging establishment, a portion of which may be classified as a fractional share unit. Except for such fractional share units in which owners may stay for up to 60 consecutive days, occupancy is limited to stays of one month or thirty (30) consecutive days, whichever is less. No unit shall be used as a primary or permanent residence." This appears to conflict with the Format version of these Development Agreements and with one of my Planning comments which reads "Section 6.1.6 - Replace this Section with the following: "Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty-one (31) days, provided every occupancy is limited to a term of one (1) month or thirty-one (31) consecutive days, whichever is less." Could you look at the above comments and let me know, hopefully later on today, if I should include such comments in my Planning DRC comments. I have not yet sent the DRC comments on the Development Agreements out to the applicant, but plan to do such later today. Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 << File: DVA Sample. Format - Hotel Density Reserve 8.10.09.docx >> 2 -- It - 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, August 31, 2009 4:56 PM To: Wells, Wayne Cc: Akin, Pam Subject: A04-01420: RE: DVA2009-00002 and DVA2009-00003 Comments: 1. Fill in blanks as to meeting dates, FLD Numbers, parking spaces [Sec. 4.2] in DVA, Covenant Regarding Hurricane Protection, and Covenant of Unified Use. 2. Change signature blocks to match that for Decade Properties DVA. 3. Site Plans and Legal descriptions need to be inserted as Exh. B. and Schedule 1/A to Exhs. D and E. 4. Sec. 4.1, Scope of Project, should contain full description of Project, not just number of units. See Exh. B. to Application, Section B:2, Description of Uses. Include retail, restaurant, parking, amenities re DVA2009-00002. Include limitations found in Parking Study such as no banquet facilities and small meeting room limited to hotel guests, full-service nature of restaurant and hours of operation of retail. 5. Include requirement that demolition of existing structures occur per Demolition Plan included in FLD application. 6. Both applications mention small water lots on easterly side of Hamden which provide docks that will serve the property: What is the ownership of these lots and are there any issues with use? Are the docks to be part of the current Project? 7. The shared Parking Garage should be described/addressed in each DVA. By what arrangement is it to be shared? This is not reflected in the DVA. 8. Change Sec. 6.1.6, Transient Use, to match Decade Properties language [using 31 days]. 9. Schedule A to Covenant Regarding Hurricane Protection should be Schedule 1. 10. Verify property ownership and corporate status of Land Trust and LLC per Application. 11. The applicant has apparently added the language, "to the extent permitted by Chapter 712, Florida Statutes (2008)" to the restrictive covenant provisions in Sec. 6.1.5. This reference is to the Marketable Record Title Act. I will review the Act to determine whether this creates any issue. 12. Re DVA2009-00003, Exhibit C is listed as "Affidavit of Owner re Contract". Why does this differ from the Deeds referenced in the other DVA? The Owners are listed as "Developer" and presumably proof of ownership should be shown in this Exhibit. 13. Any other site plan issues which have the possibility of impacting the DVA process should be addressed. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources From: Wells, Wayne Sent: Monday, August 31, 2009 8:23 AM To: Dougall Sides, Leslie Subject: DVA2009-00002 and DVA2009-00003 Leslie - Do you have any DRC comments for these two cases, as they are on the DRC agenda for this Thursday? Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 tion (® Page 1 of 5 ' Property Appraiser General Int 4 Interactive Claof th.is Sales Back. to Que;rv Veg_ Tax Coll_ector Home Ouestion'Con meat about. this Parcel Query. Results Search Page page 08-29-15-17586-001-0010 Portability_ Data Current as of August 18, 2009 Calculator [2:53 pm Monday August 24] Print Ownership/Mailing Address Site Address First Buildin TROPICANA RESORT LAND TRUST 1301 CORONADO DR CLEARWATER 33767 C/O DIGIOVANNI, AGOSTINO TRE Jump to building: 300 HAMDEN DR (1) 301 CORONADO DR CLEARWATER 33767 a CLEARWATER FL 33767-2448 1 1 PPrWerty Use: 2125 (Restaurant, Cafeteria (Steak & Ale, Pizza Living Units: 3 Hut)) [click here to hide] Legal Description COLUMBIA SUB NO. 2 BLK A, LOTS 1 AND 2 -a- 2009 Exemptions Homestead: No Save-Our-Homes Cap Percentage: 0.00% Non-Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Most Recent Conveyance 11 Sales Comparison _ Census Tract Plat Boo!S P e 14004/0577 Sales___ uery 121030260023 02i/079 2009 Value Information (PRELIMINARY) Save-Our- .1ustiMarket Assessed Value/ County_ School MUlliChal Year HomesCa_p Value SOH Cap Taxable Value Taxable Value Taxable Value 2009 No $463,760 $463,760 $463,760 $463,760 $463,760 [click here to hide] Value History Safe-Our- Just/market Assessed Value/' County School M.u_nic,ipa_l. Year Homes _Cap Va.l_ue SOH_ Cap Taxable Value, Taxable Value Taxable value 2008 No $540,000 $540,000 $540,000 $540,000 $540,000 2007 No $664,000 $664,000 $664,000 N/A $664,000 2006 No $927,500 $927,500 $927,500 N/A $927,500 2005 No $695,600 $695,600 $695,600 N/A $695,600 2004 No $521,700 $521,700 $521,700 N/A $521,700 2003 No $463,800 $463,800 $463,800 N/A $463,800 2002 No $350,000 $350,000 $350,000 N/A $350,000 2001 No $367,600 $367,600 $367,600 N/A $367,600 2000 No $362,500 $362,500 $362,500 N/A N/A 1999 No $355,900 $355,900 $355,900 N/A N/A 1998 No $338,800 $338,800 $338,800 N/A N/A 1997 No $326,200 $326,200 $326,200 N/A N/A http://www.pcpao.org/general.php?strap=152908175860010010 8/24/2009 Property Appraiser General Int ration r 1996 No $152,800 (• $152,800 $152,800 N/A 2008 Tax Information CU1TCI1tTax B111 Tax District: CW. Total Millage: 20.3578 Non Advalorem $0.00 Assessments: Taxes: $10,993.21 Taxes without any $10,993.21 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here for more information,.. Seawall: No Ranked Sales See all transactions S ale Date Book/Page Price 15 Dec 2004 14004 / 0577 $1,900,200 08 Apr 2003 12656 / 2416 $10,000 08 Dec 1998 10331/1176 $7,300 17 Apr 1997 09676 / 1427 $152,800 26 Dec 1995 09203 / 0291 $200,000 Land Information Frontage: None View: Page 2 of 5 N/A QjU V-11 U I U I U I U I Q I Land Use Land Size Unit Value Units Metbod Restaurants/Cafe (21) 110x124 40.00 13640.0000 SF [click here to hide] Building 1 Structural Elements :Back to To_p Site Address: 301 CORONADO DR CLEARWATER 33767 Quality: Average Recreation: Foundaton: Continuous Footing Floor System: Wood Exterior Wall: Frame Siding Roof Frame: Gable/Hip Roof Cover: Composition Shingle Stories: 1 Floor Finish: Carpet/ V inyl/Asphalt Interior Finish: Drywall/Plaster Fixtures: 9 Year Built: 1941 Effective Age: 55 Heating: Unit/Space/Wall/Floor Cooling: None Other Depreciation: 0 I P`I Qpen_ plQt_in New WiDdow http://www.pcpao.org/gencral.php?strap=152908175860010010 8/24/2009 Property Appraiser General In'foSrmation • Page 3 of 5 s ` 30% Building 1 Sub Area Information Description BuildingFinished Ftz G1 oss_.:Ar ea FtZ Factor Effective W Base 1,720 1,720 1.00 1,720 Open Porc11 0 20 0.20 4 Total Building finished SF: 1,720 Total Gross SF: 1,740 Total Effective SF: 1,724 [click here to hide] Building 2 Structural Elements Back-to Tov Site Address: 305 CORONADO DR CLEARWATER 33767 Quality: Average Recreation: Foundaton: Continuous Footing Floor System: Wood Exterior Wall: Frame Stucco Roof Frame: Gable/Hip Roof Cover: Composition Shingle Stories: 1 Floor Finish: Hard Tile/Wood/Marble Interior Finish: Drywall/Plaster Fixtures: 5 Year Built: 1950 Effective Age: 55 Heating: Central Duct Cooling: Cooling (Central) Other Depreciation: 30% 4 i ? =?NF F r 4 Open plgt in New Window Building 2 Sub Area Information Description Budding Finished W Gross Area Ft2 Factor Effective Ft? Base 2,350 2,350 1.00 2,350 Open Porch 0 196 0.20 39 Total Building finished SF: 2,350 Total Gross SF: 2,546 Total Effective SF: 2,389 [click here to hide] Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year PATIO/DECK 480SF $0.00 480.00 $0.00 $0.00 1975 ASPHALT 4000SF $0.00 4,000.00 $0.00 $0.00 0 CONC PAVE $0.00 250.00 $0.00 $0.00 0 1. 0 http://www.pcpao.org/general.php?strap=152908175860010010 8/24/2009 Property Appraiser General Info tion Page 4 of 5 [click here to hidel Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Description Issue Date Estimated Value 200302116 ROOF 21 Mar 2003 -_ 1 1 $3,600 199909147 FENCE 12 Mar 2001 $520 199907004 HEAT/AIR 17 Au 1999 $1,745 98030634 ROOF [- 27 Apr 1998 IF- $1,000 98010328 COMMERCIAL ADD 02 Mar 1998 $45,051 97010466 PATIO/DECK 01 Jul 1997 $32,141 adius erials: 2007 Color j3 Transparency: 0?5 If you do not see map, the SVG viewer has not been installed. Click ._here .for information and installation. How to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right-click on the map; Select "This Frame"; Select "Open Fra from the new window. Click here for Interactive Map http://www.pcpao.org/general.php?strap=152908175860010010 8/24/2009 Property Appraiser General Infogtion . Page 5 of 5 http://www.pcpao.org/general.php?strap=152908175860010010 8/24/2009 Interactive _Map of.this Sales BaC to Query New T?x_Coll.eetui Nome Questio i Comment about this paicel Query Result Search Pave pale Welcome to VDB on the Web{ s y Y f ( i ? J??.9S..1-v 1 6oc? ft : OYshoo; Cta#a rlAViEQ2c ??9 Z 7-T Wig Aerial Photography: 2007 Color Transparency (0.0- Theme Theme D his is the default set. It has no data yers, just linework. All of the map yers are black. t1 Page 1 of 1 _ k x? .-A fAW t t R j r ? ?d if f ?rrn-r, f? s t PA?. s s li F ? t .I i t y) , _ ? J ? '?-y5 r? .?, "?` ?r? Mkt, ? ft i ?--• ? ' e ?M?A http://vdb.pcpao.org/vdb.php 8/24/2009 Property Appraiser General Info tion Page 1 of 5 Interactive_Nlap of this Sales _"_C to Qaei;y New I_ax_C ollectot Home Question'Co inient about this parcel Query Results Search Page pa.g.e. 08-29-15-17604-000-0010 Pwabil:ity. Data Current as of August 18, 2009 Print Improvement Value Calculator [2:55 pm Monday August 24] - - pct F_S_ 5.53.844 Ownership/Mailing Address Site Address First Buildin TROPICANA RESORT LAND TRUST 309 CORONADO DR CLEARWATER 33767 C/O CONTI, JOHN THE 300 HAMDEN DR Jump to buildin : CLEARWATER FL 33767- (1) 309 CORONADO DR CLEARWATER 33767!. 2448 Prow Use: 3913 (Hotels and Motels (49 units or less)) Living Units: 20 [click here to hide] Legal Description COLUMBIA SUB NO. 3 N 173.5FT OF LOTS 1 AND IA & RIP RTS AND BLK A, LOT 3 OF COLUMBIA SUB REPLAT 2009 Exemptions Homestead: No Save-Our-Homes Cap Percentage: 0.00% Non-Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Most Recent Conve ance Sales Com arison Census_ I'1-act Plat Book/Pa e 139771/0909 Sales_ Querv 121030260023 027/046 2009 Value Information (PRELIMINARY) Save-Our- Just'Matket Assessed Value./ County School Municipal Year Homes Crap Value SOH Cap Taxable Value Taxable Value Taxable Value 2009 No $2,250,000 $2,250,000 $2,250,000 $2,250,000 $27250,000 I Year 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 Sav_e_Our_ Domes Cap No No No No No No No Yes Yes Yes Yes Yes Just/Market Value $2,500,000 $2,580,000 $3,274,800 $2,363,500 $1,875,000 $1,875,000 $1,875,000 $1,298,000 $1,044,500 $955,300 $950,300 $961,500 [click here to hide] Value History Assessed Value,- County SOLI Cap Taxable Value $2,500,000 $2,500,000 $2,580,000 $2,580,000 $3,274,800 $3,274,800 $2,363,500 $2,363,500 $1,875,000 $1,875,000 $1,875,000 $1,875,000 $1,875,000 $1,875,000 $1,279,800 $1,254,800 $1,039,400 $1,014,400 $955,300 $930,300 $950,300 $925,300 $961,500 $936,500 School Taxable Value $2,500,000 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Municipal Taxable Value. $2,500,000 $2,580,000 $3,274,800 $2,363,500 $1,875,000 $1,875,000 $1,875,000 $1,254,800 N/A N/A N/A N/A http://www.pcpao.org/gencral.php?pn=l 5290817604000001 O&sn=O&]dTool=true&aerFla... 8/24/2009 Property Appraiser General Info ration 1996 Yes $961,500 2008 Tax Information Current Tax Bill. Tax District: CW Total Millage: 20.3578 Non Advalorem $0.00 Assessments: Taxes: $50,894.50 Taxes without any $50,894.50 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here for more information. Seawall: No Land Use Hotels And Motels (39) Hotels And Motels (39) • Page 2 of 5 r $961,500 $936,500 N/A N/AI Ranked Sales See all transactions Sale Date Book/Page Price Q/U V .1 02 Dec 2004 13977 / 0909 $3,550,000 U I 12 Feb 2001 11222 / 0562 $2,300,000 Q I 03 Mar 1993 08195 / 0473 $1,500,000 U I 16 Jan 1987 06408 / 0773 $395,000 U Aug 1984 05818 / 0295 $430,000 U Land Information Frontage: Bay Land Size Unit Value 174x 110 50.00 60x1 10 40.00 View: Units Method 19085.0000 SF 6600.0000 SF [click here to hide] Building 1 Structural Elements _Back to ToP . Site Address: 309 CORONADO DR CLEARWATER 33767 Quality: Average. Recreation: Foundaton: Continuous Footing Floor System: None Exterior Wall: Concrete Blk/Stucco Roof Frame: Flat Roof Cover: Built Up/Composition Stories: 1 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 60 Year Built: 1957 Effective Age: 20 Cooling: Heat & Cooling Pkg Na B-1,11ilding'DrawilnIg Available http://www.pcpao.org/general.php?pn=152908176040000010&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser General Info tion Page 3 of 5 Building 1 Sub Area Information Description Butldhi2 Finished Ft! Gross_area_W Factor _F_,_ffective Ft` Base 8,580 8,580 1.00 8,580 Open Porch 0 3,576 0.30 1,073 Utility Unfinished 440 440 0.40 176 Total Building finished SF: 9,020 Total Gross SF: 12,596 Total Effective SF: 9,829 [click here to hide] Building 2 Structural Elements Back to Top Site Address: 309 CORONADO DR CLEARWATER 33767 Quality: Average Recreation: Foundaton: Continuous Footing Floor System: None Exterior Wall: Siding Average Roof Frame: Gable & Hip Roof Cover: Built Up/Composition Stories: 2 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 18 Year Built: 1954 Effective Age: 20 Cooling: Heat & Cooling Pkg IJ ?J Open plot in New Window iF 1 '4 U +B 19 Building 2 Sub Area Information Description Building_Finished ...Ft Gross..lrea Ft2 Factor. EEffective W Base 2,318 2,318 1.00 2,318 Open Porch 0 472 0.30 142 Up-per Store 928 928 0.90 835 Total Building finished SF: 3,246 Total Gross SF: 3,718 Total Effective SF: 3,295 [click here to hide] Building 3 Structural Elements F3ac,k_to_Top Site Address: Quality: Average Recreation: Foundaton: Continuous http://www.pcpao.org/general.php?pn=152908176040000010&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser General Info tion Page 4 of 5 Footing Floor System: None Exterior Wall: Concrete Blk/Stucco Roof Frame: Flat Roof Cover: Built Up/Composition Stories: 1 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 6 Year Built: 1994 Effective Age: 10 Cooling: Heat & Cooling Pkg BAS 12 L4- 14 .E. Open 1)lot iii New Window Building 3 Sub Area Information Description Budding Finished .W Gross Area W Base 592 592 Total Building finished SF: 592 Total Gross SF: 592 [click here to hide] Extra Features Description Dimensions Value/Unit Units Total NewValue ASPHALT 10X200 $1.75 2,000.00 $3,500.00 CONC PAVE 738 SF $4.00 738.00 $2,952.00 DOCK 680SF $40.00 680.00 $27,200.00 POOL 990SF $30,000.00 1.00 $30,000.00 ASPHALT 6X200 $1.75 1,200.00 $2,100.00 SHED 6X15 $20.00 90.00 $1,800.00 Factor _ Effective Ft'= 1.00 592 Total Effective SF: 592 Depreciated Value Year $3,500.00 0 $2,952.00 0 $10,880.00 1970 $12,000.00 1970 $2,100.00 0 $720.00 1954 click here to hide Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Descri tion Issue Date Estimated Value No Permit Data Found radius eet ):r72 0 2007 Color Aerials: Transparency: 0.5 http://www.pepao.org/general.php?pn=l 5290817604000001 O&sn=O&IdTool=true&aerFla... 8/24/2009 Property Appraiser General Infostion • Page 5 of 5 you do not see map, the SVG viewer has not been installed. Click here for information and installation.. ow to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word c recial" from Edit menu on toolbar; Select Bitmap, then OK ow to copy and paste a static map using Mozilla Firefox: Right-click on the map; Select "This Frame"; Select "Open Fra Dm the new window. Click here for Interactive Map l Wetactive_lMap of this Sales Racl to_Que_ry \e?v Tax C idleector_H_onie Question'Cgnnme it abQiit._this parcel Query Results .. Search Page page http://www.pcpao.org/general.php?pn=152908176040000010&sn=0&idTool=true&aerFla... 8/24/2009 t Welcome to VDB on the Web s 10;1 P Cf v 255 Et i 1 I j i iC{}ft d Yah o9, Data NAYfEQtivJ9 ld? entHy Tolii Aerial Photography: 2007 Color Transparency (0.0- n?? 4 II Theme Description II is is the default set. It has no data fers, just linework. All of the map lers are black. Page 1 of 1 (0 ftg? N? r- Cry Y y?rt ti 4r http://vdb.pcpao.org/vdb.php 8/24/2009 Property Appraiser General Info Ition Page 1 of 4 Interactive N.jap of this Sales Back to Query N:eu_ Tax Collector Houle QuestioaComme t about this parcel Query Results. Seaieh. Pav-e pale 08-29-15-17586-001-0040 Portability Data Current as of August 18, 2009 Irllpro,lenient-Value Calculator [2:56 pm Monday August 24] Pr' per F.S_ 553.844 Ownership/Mailing Address Site Address First Buildin TROPICANA RESORT LAND TRUST 315 CORONADO DR CLEARWATER 33767 C/O DIGIOVANNI, AGOSTINO THE 0 HAMDENDR 30 Jump to building: CLEAR WATER FL 33767- (V1) 315 CORONADO DR CLEARWATER 337671-. 2448 Property Use:. 3913 (Hotels and Motels (49 units or less)) Living Units: 2 [click here to hide] Legal Description COLUMBIA SUB NO.2 BLK A, LOT 4 2009 Exemptions Homestead: No Save-Our-Homes Cap Percentage: 0.00% Non-Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Most Recent Conveyance Sales Com arison Census Tract -P!lat Book/Page -14067/1895 771 Sales.. Q7e_ Ty 121030260023 . . ;.Q21/079 ear 2009 Save-Our- Homes Cap No 2009 Value Information Just/Market Assessed Value/ Value SOH_Cap.. $296,250 $296,250 (PRELIMINARY) County School Taxabl-e Value Taxable Value $296,250 $296,250 Municipal Taxable Value $296,250 [click here to hide] Value History Year Save-Our= Just/market Assessed Value.. County School Municipal Hom,es._Ca-p Value SOH Cap Taxable Value Taxable Value Taxable Value 2008 No $388,600 $388,600 $388,600 $388,600 $388,600 2007 No $324,000 $324,000 $324,000 N/A $324,000 2006 No $571,700 $571,700 $571,700 N/A $571,700 2005 No $424,100 $424,100 $424,100 N/A $424,100 2004 No $254,100 $254,100 $254,100 N/A $254,100 2003 No $225,800 $225,800 $225,800 N/A $225,800 2002 No $205,000 $205,000 $205,000 N/A $205,000 2001 No $208,800 $208,800 $208,800 N/A $208,800 2000 No $224,100 $224,100 $224,100 N/A N/A 1999 No $193,200 $193,200 $193,200 N/A N/A 1998 No $187,000 $187,000 $187,000 N/A N/A 1997 No $187,000 $187,000 $187,000 N/A N/A http://www.pepao.org/gencral.php?pn=l 52908175 860010040&sn=0&idTool=true&aerFl a... 8/24/2009 Property Appraiser General Info tion Page 2 of 4 1996 No $187,000 2008 Tax Information Current Tax Bill Tax District: CW Total Millage: 20.3578 Non Advalorem $0.00 Assessments: Taxes: $7,911.05 Taxes without any $7,911.04 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. C„lick. here for-m_...ore information. $187,000 $181,000 N/A N/AI Ranked Sales See all transactions Sale Date Book/Page Price Q/-U.. V[t 18 Jan 2005 14067 / 1895 $2,200,000 U I 16 Feb 1994 08568 / 0722 $1,050,000 U I Oct 1986 06336 / 1137 $240,000 Q Land Information Seawall: No Frontage: None View: Land Use Land Size Unit Value Units Method Hotels And Motels (39) 60x110 40.00 6642.0000 SF [click here to hide] Building 1 Structural Elements B-a-ek_to_=Top. Site Address: `315 CORONADO DR CLEARWATER 33767 Quality: Average Recreation: Foundaton: Continuous Footing Floor System: None Exterior Wall: Concrete Blk/Stucco Roof Frame: Gable & Hip Roof Cover: Composition Shingle Stories: 1 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 6 Year Built: 1952 Effective Age: 40 Cooling: None B F0I SPF s i Qpen_plot i:n_.New Window dow http://www.pcpao.orglgeneral.php?pn=152908175 860010040&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser General Info ion • Page 3 of 4 (0 Building 1 Sub Area Information Description Bui.l_d ng-Finished W Gross Area. Ft2 Factor Effective Ft 2 Base Open Porch Screen Porch 1,363 1,363 1.00 1,363 0 24 0.29 7 0 128 0.40 51 Total Building finished SF: 1,363 Total Gross SF: 1,515 Total Effective SF: 1,421 [click here to hide] Building 2 Structural Elements Back to Top Site Address: Quality: Average Recreation: Foundaton: Continuous Footing Floor System: None Exterior Wall: Concrete Blk/Stucco Roof Frame: Flat Roof Cover: Built Up/Composition Stories: 2 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 9 Year Built: 1960 Effective Age: 40 Cooling: Unit Heater j Open plot in New Window Building 2 Sub Area Information .a Description Building. Finished F_12 Gross Area F.1-2 Factor Effective.. F.-t.7 .Base 1,071 1,071 1.00 1,071 Open Porch 0 144 0.30 43 Screen Porch 0 144 0.40 58 Upper Story 1,071 1,071 0.90 964 Total Building finished SF: 2,142 Total Gross SF: 2,430 Total Effective SF: 2,136 [click here to hide] Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year CONC PAVE 1500SF $4.00 1,500.00 $6,000.00 $6,000.00 0 click here to hide Permit Data http://www.pcpao.org/general.php?pn=152908175860010040&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser General Inf t ion Page 4 of 4 6 Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Descri Lion Issue Date Estimated Value No Permit Data Found Radius i?Aerials: 2007 Color Transparency: .05 (feet):351 ___-.' If you do not see map, the SVG viewer has not been installed. Click _here fo,r info...rmation. andinstallation .. How to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word c Special" from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right-click on the map; Select "This Frame",- Select "Open Fra from the new window. Click here for Intei_active iVlclp Interactive _Map of this Sales Back to Query New Tax-_Collector Home Qpestion'Conun........ t about this. Mircel. Query Results Search Page page http://www.pcpao.org/gencral.php?pn=152908175860010040&sn=0&idTool=true&aerFla... 8/24/2009 Welcome to VDB on the Web s; j{ (] j?s j k00 ft J Yahoo+2C J4; Data0NAeQ2W9 ?+fen#H}I 'l'oaf Aerial Photography: 2007 Color ?_?=?' Transparency (0.0- 1.0) Theme Descri tion his is the default set. It has no data layers, just linework. All of the map layers are black. • y? t t VAR i J "a?4. f t- kill s ?. z ,°'"w ? S F ?F ? Page 1 of 1 ¢ L ?. ?N4 777,1 tii? J }? ? f http://vdb.pcpao.org/vdb.php 8/24/2009 Property Appraiser Cieneral lnforytton Page 1 of 4 d ? 0 Interactive N b o of this Sales B..q Jo.. Query New Tax Collector Home Question."Comment about this Parcel Query. Results. Search Pa{e page 08-29-15-17604-000-0020 Portability Data Current as of August 18, 2009 Inlproverr rit_Value Calculator [2:57 pm Monday August 24] Pt'nt per F. S. 553.844 Ownership/Mailing Address Site Address TROPICANA RESORT LAND TRUST 316 HAMDEN DR CLEARWATER AGOSTINO THE C/O DIGIOVANNI , 300 HAMDEN DR 33767 CLEARWATER FL 33767-2448 Property Use_ 3913 (Hotels and Motels (49 units or less)) Living Units: 0 [click here to hide] Legal Description COLUMBIA SUB NO. 3 LOT 2 AND 2 A LESS S'LY 45 FT & S 25.68FT MOL OF LOTS 1 AND lA&RIPRT 2009Ex_em.ptiOns Homestead: No Save-Our-Homes Cap Percentage: 0.00% Non-Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information Most Recent Conveyance Sales Comparison Census T. ract , Plat Book/ Pae 14067/1895 Sales Que__ _ 121030260023 7 027/046 2009 Value Information (PRELIMINARY) I,e? Save-Our- :T_ust/Mat-ket. Assessed Value!" _ Countk School M2 tulicip a] Homes Cap Value SOl I _Cap Taxable Value Taxable Value Taxable Value 2009 No $1,100,000 $1,100,000 $1,100,000 $1,100,000 $1,100,000 [click here to hide] Value History Say e Our- Year Homes Cap 2008 No 2007 No 2006 No 2005 No 2004 No 2003 No 2002 No 2001 No 2000 No 1999 No 1998 No 1997 No Just/Market Assessed Value/ Value SOH Cap $1,250,000 $1,250,000 $1,240,000 $1,240,000 $1,528,700 $1,528,700 $1,059,200 $1,059,200 $870,000 $870,000 $741,000 $741,000 $690,000 $690,000 $691,000 $691,000 $565,200 $565,200 $516,000 $516,000 $511,700 $511,700 $517,700 $517,700 County Taxab_I_e Value $1,250,000 $1,240,000 $1,528,700 $1,059,200 $870,000 $741,000 $690,000 $691,000 $565,200 $516,000 $511,700 $517,700 School Taxable Value $1,250,000 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Mu:ntctpal Taxaber? Val:u.e $1,250,000 $1,240,000 $1,528,700 $1,059,200 $870,000 $741,000 $690,000 $691,000 N/A N/A N/A N/A http://www.pcpao.org/gencral.php?pn=152908176040000020&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser General Into Lion ® Page 2 of4 1996 No $517,700 $517,700 $517,700 N/A 2008 Tax Information Current Tax Bill Tax District: CW Total Millage: 20.3578 Non Advalorem $0.00 Assessments: Taxes: $25,447.26 No ?u ld??g Drawing Taxes without any $25,447.25 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here for more information. Seawall: No Land Information Frontage: Bay View: .Land. Use Land Size Unit Value Units Method Hotels And Motels (39) 109x110 50.00 11990.0000 SF [click here to hide] Building 1 Structural Elements _Back_ to- Top-Site Address: 316 HAMDEN DR CLEARWATER 33767 Quality: Average Recreation: Foundaton: Continuous Footing Floor System: None Exterior Wall: Concrete Blk/Stucco Roof Frame: Flat Roof Cover: Built Up/Composition Stories: 0 Floor Finish: Carpet Combination Interior Finish: Plastered Furred Fixtures: 42 Year Built: 1951 Effective Age: 20 Cooling: Heat & Cooling Pkg N/A Ranked Sales See all transactions Sale Date Book/Page Price Q/ 1_ v.111 18 Jan 2005 14067 / 1895 $2,200,000 U I 16 Feb 1994 08568 / 0722 $1,050,000 U I Nov 1982 05423 / 1573 $550,000 Q 1980 05004 / 0431 $385,000 Q Ava,,ilabI e Building 1 Sub Area Information http://www.pcpao.org/general.php?pn=l 52908176040000020&sn=0&idTool=true&aerFla... 8/24/2009 rroperty Appraiser ueneral into ion • rage 3 of 4 Description Building Fi.nished...W G:1 oss Area _Ft' Factor Effective Ft2 Base 6,375 6,375 1.00 6,375 Open_Porcli- 0 2,010 0.30 603 Total Building finished SF: 6,375 Total Gross SF: 8,385 Total Effective SF: 6,978 [click here to hide] Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year ASPHALT 110X18 $1.75 1,980.00 $3,465.00 $3,465.00 0 SHUFBDCT 312SF $1,500.00 1.00 $1,500.00 $1,500.00 1951 DOCK 400SF $40.00 400.00 $16,000.00 $12,800.00 2001 POOL 680SF $30,000.00 1.00 $30,000.00 $12,000.00 1970 click here to hide Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Descri tion Issue Date Estimated Value CA3853307 DOCK 24 Jan 2008 $0 200707594 ROOF r 05 Sep 2007 $8,500 RM3047901 -JDOCK 31 Au 2001 $0 Radius erials: 2007 Color _i?` --- ransparencY:?:5:_ ._..31 (feet): ? If you do not see map, the SVG viewer has not been installed. Cl..ck_h.e__re fo_r._information and installation. How to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word c Special" from Edit menu on toolbar; Select Bitmap; then OK How to copy and paste a static map using Mozilla Firefox: Right-click on the map-, Select "This Frame"; Select "Open Fra from the new window. Click here for .Interactive-Mal) t http://www.pcpao.org/general.php?pn=152908176040000020&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser heneral into rr tion • Yage 4 of 4 http://www.pcpao.org/gencral.php?pn=l 52908176040000020&sn=O&IdTool=true&aerFla... 8/24/2009 Interactive _Map of_this Sales BaCk.to Que. ,y 'Vey-, TzX.Collelto Home Qgestion,"Comment about this parcel. Query Res_ulta. Search Pa(-,e page Welcome to Vlll3 on the Webj 6 j i z. i ,i ...?•_w.?w 1o j DY-1'hL2w9,Data:Y1N AVrE02M9 Identify Tgat Aerial Photography: 2007 Color Transparency (0.0- [0 Theme his is the default set. It has no data layers, just linework. All of the map layers are black. Page 1 of l l .?tl FiT' r t Orw kI _ 5 http://vdb.pcpao.org/vdb.php 8/24/2009 CITY OF CLEARWATER NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT A public hearing will be conducted before the Community Development Board on November 17, 2009, beginning at 1:00 PM (or as soon thereafter as the matter may be heard), in City Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave., Clearwater, Florida, to consider approving a Development Agreement between the City of Clearwater and John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort Land Trust for portion of property located at 300 Hamden Drive (including a portion of 316 Hamden Drive and 309, 301 and 315 Coronado Drive) legally described as 08-29-15-17604-000-0020, 08-29-15-17604-000-0010, 08-29-15-17586- 001-0010 and 08-29-15-17586-001-0040f(bVA2009-00002)/ The Development Agreement will allow an overnight accommodation use of a total of 142 rooms (148.90 rooms/acre on net lot acreage, including the allocation of 95 units from the Hotel Density Reserve), restaurant use of 2,750 square feet, retail sales use of 3,900 square feet (0.137 FAR for restaurant and retail sales uses based on total lot area) and approximately 5,190 square feet of accessory uses to the hotel at a height of 74.33 feet (to flat roof deck) as per Beach by Design and Section 4-606 of the Community Development Code. Public hearing(s) will also be held to consider requests for the following related case6 FLD2009-08026, FLD2009-08027/DVA2009/00003, and FLD2009-09036. Interested parties may appear to be heard or file written notice of approval or objections with the Planning and Development Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Additional information, including the Development Agreement, is available in the Planning and Development Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562-4567. Michael Delk Planning and Development Director Cynthia E. Goudeau, MMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. To learn more about presenting to Clearwater boards and City Council, go to http://clearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. 0 0 • o ti' T ? p Ad: 11/07/09 FLD2009-0903(f02#027, 09036YDVA2009?00002, 00076. 110 DEVON DR LLC 2120 RANGE RD BADERTSCHER, JAMES R BASKIN, H H EST CLEARWATER FL 33765 - 2125 BADERTSCHER, DARLENE J OWENS, W D EST 121 DEVON DR 516 N FT HARRISON AVE CLEARWATER FL 33767 - 2439 CLEARWATER FL 33755 - 3905 BOLDOG, DOROTHY C THE BOLDOG, DOROTHY BRENNAN, KEVIN P M & J TRUST PO BOX 8589 11 BAYMONT ST # 1403 PO BOX 8589 CLEARWATER FL 33758 - 8589 CLEARWATER FL 33767 - CLEARWATER FL 33758 - 8589 BROWN, THOMAS E CANTERBURY OAKS INC CAVANAUGH, MICHAEL C BROWN, SUSAN J 401 S GULFVIEW BLVD 300 S SCHMALE PO BOX 2567 CLEARWATER FL 33767 - 2508 CAROL STREAM IL 60188 - 2702 HYANNIS MA 02601 - 7567 CHRISTMAN, KENNETH R SR CRYSTAL BEACH CAPITAL LLC CUSTER, GERALD CHRISTMAN, LINDA J 101 E KENNEDY BLVD STE 2125 2152 LONG BOW LN 225 CORONADO DR TAMPA FL 33602 - 5189 CLEARWATER FL 33764 - 6414 CLEARWATER FL 33767 - 2431 CZAICKI, EDWARD DAMORE, KARIN W DECADE COMPANIES INCOME CZAICKI, BOZENA 125 BRIGHTWATER DR # 1 PROPER 332 HAMDEN DR CLEARWATER FL 33767 - 2430 N19 W24130 RIVERWOOD DR STE 10 CLEARWATER FL 33767 - 2448 WAUKESHA WI 53188 - 1131 DIDOMIZIO INVESTMENTS INC DIFERDINANDO, RITA H FIFTH SOUTH LLC 648 POINSETTIA AVE N 9220 RUMSEY RD # 101 16132 ARMISTEAD CLEARWATER FL 33767 - 1513 COLUMBIA MD 21045 - 1956 ODESSA FL 33556 - FIFTH SOUTH LLC FLAMINGO BAY CONDO GIADLA, WERONIKA 401 CORONADO DR DEVELOPERS GIADLA, ALOJZY CLEARWATER FL 33767 - 2506 300 HAMDEN DR 355 S GULFVIEW BLVD CLEARWATER FL 33767 - 2448 CLEARWATER FL 33767 - 2445 GONATOS-FELLIOS, MARIA E GOOSEN, EDWIN P HAMODI, AHMED A 120 DEVON DR GOOSEN, ODESSA L 116 DEVON DR CLEARWATER FL 33767 - 2438 130 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2438 CLEARWATER FL 33767 - 2453 HARVEY, MARY C REVOCABLE J M B & A DEVELOPERS LLC K & P CLEARWATER ESTATE II LLC TRUST 1951 BRIGHTWATERS BLVD NE 5600 MARINER ST STE 227 2 SEASIDE LN ST PETERSBURG FL 33704 - TAMPA FL 33609 - 3417 BELLEAIR FL 33756 - KALLAS, DORA KEYES, JAY F THE KLATT, EDWARD J KALLAS, GEORGE KEYES, JANET D THE KLATT, DEBORAH P 3405 GULF BLVD 100 DEVON DR 120 BRIGHTWATER DR BELLEAIR BCH FL 33786 - 3644 CLEARWATER FL 33767 - 2438 CLEARWATER FL 33767 - 2442 • • KOZIK, ROBERT L O M INC LAWTON, HEIDI KOZIK, GIOVANNI 4100 N 28TH TER 579 W NORTH AVE STE 304 317 CORONADO DR HOLLYWOOD FL 33020 - 1116 ELMHURST IL 60126 - 2145 CLEARWATER FL 33767 - 2433 LITTLE, DAVID R 1734 CASEY JONES CT CLEARWATER FL 33765 - 1701 LUCCA DEVELOPMENT LLC 9011 S NATOMA AVE OAK LAWN IL 60453 - 1466 MALKE, ROBERT E MALKE, TERESA L PO BOX 2124 LARGO FL 33779 - 2124 MC LENDON, ERIC MC LENDON, KAREN 125 BRIGHTWATER DR # 6 CLEARWATER FL 33767 - 2430 NINI, RICHARD NINI, MEGAN 7638 DEVINS RIDGE CLARKSTON MI 48348 - 4351 PAPPAS, ANASTASIA PAPPAS, TOM 115 DEVON DR CLEARWATER FL 33767 - 2439 QUINN, ANN E 225 HAMDEN DR CLEARWATER FL 33767 - 2497 ROSE, MANUEL S ROSE, SUSAN J 120 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2442 LONG, JAY K 125 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2430 M 3 B DEVELOPMENT LLC 1951 BRIGHTWATERS BLVD NE ST PETERSBURG FL 33704 - MARKS, IRWIN J MARKS, DAWN D 115 BRIGHTWATER DR CLEARWATER FL 33767 Ole LUCCA DEVELOPMENT LLC 16132 ARMISTEAD ODESSA FL 33556 - MAKRYLLOS, KATHERINE T OLIVE, WILLIAM RJR 120 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2442 MAZUR, JAN MAZUR, JANINA 216 HAMDEN DR -2402 CLEARWATER FL 33767 - 2446 MILO INVESTMENTS LLC 4 AMBLESIDE DR BELLEAIR FL 33756 - 1910 PALMTOPPER CONDO ASSN INC 110 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2401 PATEL, PANKAJ LIVING TRUST 130 BRIGHTWATER DR # 9 CLEARWATER FL 33767 - 2453 R T V PROPERTIES INC 331 CORONADO DR CLEARWATER FL 33767 - 2433 ROSS, WILLIAM A III ROSS, DORIS H 125 DEVON DR CLEARWATER FL 33767 - 2439 NIERENGARTEN, WARREN BRADLEY NIERENGARTEN, BRYAN ALAN 500 OSCEOLA AVE N # 203 CLEARWATER FL 33755 - 3934 PANOS, STEVE S PANOS, FILITSA 109 DEVON DR CLEARWATER FL 33767 - 2439 PRESTON, MICHAEL G THE 419 EASTSHORE DR CLEARWATER FL 33767 - 2028 RICE, SIMEON J I M G CENTER 1360 E 9TH ST STE 100 CLEVELAND OH 44114 - 1730 RUDMAN, MIRKO RUDMAN,ANKA 217 CORONADO DR CLEARWATER FL 33767 - 2431 SHEVLIN, BARRY L STANTON, BRIAN J STANTON, ELIZABETH SHEVLIN, KATHRYN M STANTON, DORIS 4327 S HIGHWAY 27 SUITE # 306 120 BRIGHTWATER DR # 3 130 BRIGHTWATER DR # 5 CLERMONT FL 34711 - CLEARWATER FL 33767 - 2442 CLEARWATER FL 33767 - 2453 00 60 SZLECHTA, WLODZIMIERZ TAS, JERRY THOMAS, BRIAN KUNOWSKA, EWA TAS, TERESA THOMAS, NADINE 333 CORONADO DR 342 HAMDEN DR 160 BAYSIDE DR CLEARWATER FL 33767 - 2433 CLEARWATER FL 33767 - 2451 CLEARWATER FL 33767 - 2501 TRACEY, CHRISTINA M 207 CORONADO DR CLEARWATER FL 33767 - 2431 TRACEY, ISABELLA S 135 DEVON DR CLEARWATER FL 33767 - 2439 TROPICANA RESORT LAND TRUST 300 HAMDEN DR CLEARWATER FL 33767 - 2448 VASILAROS, MARINA E TRUST VASILAROS, MARINA E 111 BAYSIDE DR CLEARWATER FL 33767 - 2502 WESEMAN, JASON 125 BRIGHTWATER DR # 4 CLEARWATER FL 33767 - 2430 CLEARWATER NEIGHBORHOODS COALITION SHELLEY KUROGLIAN, PRESIDENT 1821 SPRINGWOOD CIR S CLEARWATER, FL 33767 VENDITTO, CARLO M VENDITTO, ENRICA M 124 DEVON DR CLEARWATER FL 33767 - 2438 WILLIAMS, EUGENE C WILLIAMS, LYNNE M 130 BRIGHTWATER DR # 8 CLEARWATER FL 33767 - 2453 WANIO, TATIANA A 14 GRENVIEW BLVD N TORONTO, ONTARIO M08X 2K1 00001 - CANADA CLEARWATER BEACH ASSOCIATION JAY KEYES, PRESIDENT 100 DEVON DR. CLEARWATER, FL 33767 I -" r Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, November 09, 2009 10:02 AM To: Wells, Wayne Subject: DiGiovanni - DVA2009-00002 (Hotel A) Attachments: Hamden4.jpg; Hamden5.jpg; Hamden6.jpg; Hamden7.jpg; Hamden8.jpg; Hamden1.jpg Attached for your file are photos of three signs posted at the site on Friday, 11/6/09--one on Hamden, one on Third and one on Coronado. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax (727) 462-0365 1 • 111 / t ?I ?l .?- _ +r. +...ltaa - 71- ? a?` .. ... - 44 n. ;, ly?'v tf. ?`f 1 r ? f. t• , c t x a # 0A, orivers WEll i xe III-+?iw +?9 I FI'?i; yqd? 1 1, er 1! ti ??/11 Y??? l It•1. ?? o'kf r r W w ? NOTICE: DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED CITY OF CIEARWAwH?K THE ER pgn?lr HE0.111M55 'D ::WSiptfl T4 DEVE.u?"T ?6i.i`•IMl??IR6 q?QdEq ?AC°Efl1! N+.? 3E C' BETURE DEC'iIDM N41,IWc BC"a N5 ?gDYIDED 8E(D1I p,1TE ''NE IOpMEti B)AflS ??' T JMM 1M?TY DIVE ?*r f.,I11WLll FlAST RE?.91WG ?'"`? p:-v r?Il;Wtll SRO" READIW6 ? PDir CAi ioiM.t C?aAtuy. ` it3i fl ))151 [•, ,.,,nr=ts X111 ht Aet1 it „'[ 112 8od? 1sre[rPi ?io° Clir,+il? .et;t ruAr+l9eaesiner[ olAiL7n D n ,jotne Sweet `-' Home Unk• ,.? ? T r 1 `i, . i N* - , .' 7..•q . -ip V% tl, V , 1 wy ? ;at [ ? 1 ? • y «J? P r is t i ` "- •? ?ivt, ..a? .. '?T.??(i ?5'?I?yj yt,?>+b •?`?h4?' - ,? , ?o y ?w ?•. ? y ..-??. to •?k • !'? tl?/4?'?7?e i a 1? Lp ?,?•?? r\_!! .14 V4 'j, - _ Y `..? - e +.eZ~ . % tit ? • ? °. ?? ". ??' - ?,; SM.i a j`•?"f !V ? ^ al ' ?: ? ?•:. -l?.,?t? ~`•? ' - 3r.v ??•? °' `???? ?>, y' oases"i? pry~yt ??'?YS _ , . t*d_ ?_ '? 1t ?.- I ? ? ?\•?y\. ' ? ,:rte ? ..??t'l- I •?,9'. , ?.? ti .?L? ??.rT '°-• ?'?. {,. ?y ? 1 '?'-'? h?? - ?? ` ^?? R . -k r, _ ? ter:. ? ? ? - ' . r? ? ++? 1. ? ? ? 1i ,,, ?!*'?. ?t*15.. ,r ? . ?j`: ( RED D C SPARK, r • ilk ,, 4'^ rw T a =? >????> DEVEl . ppME PROPER Wt AGDEEM DV ; rr LO ;s..ME CfTy pp CLEAMW WiTMlfp , _ ?, 1 g . 4 ? ? ,ieaF _.:? •'- d4 de r..- - _ _ __-_ t ?-?fr5'?v?'q?[7F x a+i-? `? ?.- ? If.Sr rpP i .h ? 'N::ilt.3 ?? ._ _ l- ???' 3? •" r lt- wi' "' S4. tWp Y N46 AF Y. ?Mtot ?ggrF iyP s r f vd? i ryE rit pN q a 04 4}r, (?dq ??y1y??Ki- __ ?_...F.. .-. ... +1? ??, y# y?l y ?`^?? ,? ., ,?? .-S h ,? ? aP t'. {.??E?,.'? '?'? y' _ F;ie 'h?f?f??P" ."'? - rt n; T i !tl Nil ?'ft +* ? - may,; ,; y1,PbEr. z'. T4' 1 ! It r "?.T"- i ? +. °{?' > ti ..i.. .? ,._ .a '7-S6P dfNi 5? ? 1 r K .? ?? 3 ?'?, ti, t •ir;r +°''_ 3. !? ' ,• T?t._?.??-ss?P!pJ" y-Ilk d td * ? • r r , f - ..wF^ ? .r WAR 0 -,.',.??4 L - ,f F !•.b' .sir". _ _`+?+:' - f av'.- vow 'r 111 top t.M Imo" MAUL ?0TIcE; I?'Fipoq? a ==W X1:4` y K *... maw 5r 1. W? -: -_ 4 VIP* Pik. • r Wells, Wayne From: Wells, Wayne Sent: Friday, November 06, 2009 2:42 PM To: 'Jayne E. Sears' Subject: RE: DiGiovanni Jayne (The Hammer) - Pictures are always welcome. Thanks. Wayne From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Friday, November 06, 2009 2:30 PM To: Wells, Wayne Subject: DiGiovanni The "hammering" is done. It came out pretty well. I took pictures for our file - I could send them to you on Monday if you want for your file (have to get them out of the camera at home this weekend). Have a nice weekend. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 Case # DVA2009-00002 (Hotel A) • Sign Posting Acknowledgement I hereby acknowledge receiving notification signs to post on the subject property (one on Hamden Drive, one on Third Street and one on Coronado Drive) that is undergoing a request for a Development Agreement and will post the provided signs on the subject property so that they are readable from Hamden Drive, Third Street and Coronado Drive a minimum of 10 days before the CDB Public Hearing. _`D) tLt 5 ?? PO PrI r A L. CA'? yin ?? Pri t Name Date 2'!?? 1" Sign Nam Public Hearing Date: CDB: 11-17-2009 Posting Date - No Later Than: CC: 12-17-2009 11-6-2009