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DVA2009-00003
DVA2009-00003 316 HAMDEN DR OPICANA RESORT -HOTEL PLANNER OF RECORD: WW ATLAS # • 276A ZONING: T LAND USE: RFH RECEIVED: 08/03/2009 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet S Planning Department _ learwater 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ? SUBMIT APPLICATION FEE $ • 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 B.) DEVELOPMENT AGREEMENT APPLI (Revised 05/22/02) PLEASE TYPE OR PRINT- 1 6 2409 SER" S DEPT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)' CITY OP CLt+ APPLICANT NAME: Tropicana Resort Motels., L.L.C., a Fla. limited liability company 2245 North-McMullen Booth. Road, Clearwater, FL 33759 MAILING ADDRESS: PHONE NUMBER: 727-797-8972 CELL NUMBER: PROPERTY OWNER(S): FAX NUMBER: 727-797-8928 EMAIL ADDRESS: Agostino DGiovanni Francesco Carriera and John Conti, as Co-Trustees of th.e.fropicana Resort Land Trust; and (Must include ALL owners) Flamingo B:ay,CondomlAium Developers, LLC E. D. Armstrong. II , Esquire. and AGENTNAME: Johnson, Pope, Bokor, Ruppel.& Burns, LLP MAILING ADDRESS: 911 Chestnut Street, Clearwater, FL 33756 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: See Exhibit "A" attach.ed.for street address, legal description and parcel identification numbers. LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: (acres, square feet) PROPOSED USE AND SIZE: 118 overnight accommodation units and 1,335 sq. ft. retail (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF ANY RELATED REQUEST(S): Application for flexible development approval of a comprehensive infill (approval of a developmentinclude all requested code deviations; e.g. reduction in required. number of parking spices, 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 B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.13) - See Ex. B An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): attached. ? 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, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; date any new public facilities 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 comply prior to the issuance of any certificate of occupancy. U 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 concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public heal safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental requirements in existing codes or ordinances of the city. . j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not 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 period of time. The development agreement may provide for liquidated damages, the denial of futt development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of I 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 tt ,ta.8+0difies ' specifically anticipated in the development agreement. ry L IE o U gFp1s2?u9 Page 2 of 5 - Development Agreement Application - City of Clearw?tg??ELOPENT SERVICES DEPT ttJJ 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 36"): All dimensions; _ North arrow; _ Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ? SITE. DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; - Number of dwelling units proposed; _ Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; - Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; _ Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights - Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 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. Page 3 of 5 - Development Agreement Application - City of Clearwater 0 0 G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side. slopes and bottom elevations; 'Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; _ Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); _ Irrigation notes.:' ?.,ko? ? REDUCED LANDSCAPE PLAN to scale (8 Y3 X 11) (color rendering if possible); Fnn;:%] ? IRRIGATION PLAN (required for level two and three approval); c (? El COMPREHENSIVE LANDSCAPE PROGRAM application, as.applicable. SEP 1 6 1009 PMENT SE?tVICES DEPT H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.201 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 3-1806) ? . Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 Y2 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 Engineers 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 o er r re nta ive E. D. Armstrd1kg III STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 2$"'*I"-day of July A.D. 2009 to me and/or by E. D Armstrong 1I,Trho is personally known ?tft xpmdumAxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXXXAX <idellt? N ry puh1k 91, My commission expires: Q,Jayne E. Sears Commission # DD44M3 AW Expires September 2, 2009 Page 4 of 5 - Development Agreement Application - City of Clearwater N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): Parcel No. 08/29/15/1,604/000/0030 3. That this property constitutes the property for which a request for a: (describe request) Development agreement approval 4. . That the undersigned (hasthave) appointed and (does/do) appoint: E. D. AFMTRONG III, ESQUIRE and JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP, .gll 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. That (1/we), the undersigned authority, hereby certify that the foregoing isf.BAY CONDOMINIUM DEVELOPERS, LLC, a Fla. ltd. liability company Property Owner perty Pwner _-? w A By , • ......•• ...................P.wpsrty.Qwraac Property Owner JANICE GINGRAS Agostino Di.Giovanni Presl nt Comm#DDIW1551 STATE OF FLORIDA, i e Expires 2118=11 COUNTY OF PINELLAS Florida NofaryAstn.. Inc / wuunu.n..umnu.unnunnuuuuq / Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of -122 Jllly 2009 _ personally appeared AgGS nn -Dj Gi o-Nranni t who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as President.of FLADUNGO BAY CONDOMMITIM DEVELOPERS, LLC, a Florida limited liability company. Notary ,ubiic Signatur Notary Seal/Stamp My Commission Expires: p L:Wl9uU!!,9 SEP 16 1009 DEVELOPMENT SERVICES DEPT C:\Documents and Setbngslderek.ferguson\Desktop\planning dept forms Page 8 of 8 0. N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: AGOSTINO DiGIOVANNI, JOHN CONTI and FRANCESCO CFRRIERA, CO-TRUSTEES OF THE TROPICANA 0 TRUST 2. That (I am/we are) the owners and record title hoider(s of the following described property (address or general location): Parcel Nos. 08//15/17604/000/0010 08/29/15/17604/000/0020 3. That this property constitutes the property for which a request for a: (describe request) 1 7e PM Mt a g-re 1 ' -?-a qFeval -- L .Ctl pp _ 4. That the undersigned (has/have) appointed and (does/do) appoint: E. D. ARMSTRONG III, ESQUIRE and. JOHNSON, POPE, BOKOR, RUPPEL & BURNS; LI,p, 911 Chestnut Street, Clearwater, FL 33756 as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; S. 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. That ), the nde ed authority, hereby certify that the foregoing is true and rr R a VS Di ,I ne?0- USTEE?'c OtID? CONTI, PCCPeT?2USTEE,'r C Si •• 0 M,- TRUSTEE- Property Owner JANICE GINGRAS ^ STATE OF ?;•??;; FLORIDA, ?.? Comm#DDMI551 Expiyl11 COUNTY OF PINELLAS ?!otary Assn., Inc L i f..l.t Bdttff@afAtfttid'ilridersigifd&,'Mi 8ffiMPaiiy commissioned by the laws of the State of Florida, on this day of July 2009 Agostino DiGiovanni, John Conti fd personally appeared ra ees - er-a--£o-T a eeS` en first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. "OF U E TROPICANA RESORT LAND TRUST N ary is Signature Notary Seal/Stamp y Commission Expires: *- D M W G U V LS SEP 1 6 2009 DEVELOPMENT SERVICES DEPT CADocuments and Settings\derek.ferguson\Desktop\planning dept forms Page 8 of 8 EXHIBIT "A" Page 1 of 2 (Hotel B) Parcel No. Street Address Portion of 08/29/15/17604/000/0020 316 Hamden Drive 08/29/15/17604/000/0030 326 Hamden Drive SEP 16 2009 D ItLUPMENT SERVICES CITY OF CLEARWATF 0 0 EXHIBIT "A" Page 2of2 HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot IA, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 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. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. i NTT meow SEP 16 2009 VcwNrvIENT SEFVICES DEPT 22 OE CLEARWATER • • EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION Tropicana Resort Motels, L.L.C. (Hotel B) 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 118 overnight accommodation units and 1,335 square feet of retail, with a maximum height of 84' to roof deck and 99.5' to top of architectural embellishment. ¦ 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 High West Tourist Resort Facilities High i 1 6 2009 1ELOPMENT SChVl0ES DElm? PT CITY OF CLEr?R'?°fEq • • ¦ 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 submitted and intentionally omitted from this submittal.] #496624 v2 - DiGiovanni/Ex to DVA 2 cabs DEVELOPMENT AGREEMENT (Hotel B - 316 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 and FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company (collectively, "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; -----?- r WHEREAS, the Developer controls approximately 0.820 acre of real property M ("Property") in the corporate limits of the City, more particularly described on Exhibit A4 9. 0 C:> attached hereto and incorporated herein. r M Sni' r - rn WHEREAS, the Developer desires to develop the Property by replacing historic hots' units and other uses in order to add 118 overnight accommodation units, pool, and! X, :- S parking garage, generally conforming to the architectural elevation dimensions shown iris composite Exhibit B.'-' : - --? WHEREAS, upon completion the planned hotel will contain 118 units, which includes 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; 6 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 FLD2009-08027 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 M of which are hereby acknowledged, the parties hereto intending to be legally bound and 0 m in accordance with the Act, agree as follows: o s Cs SECTION 1. Recitals. The above recitals are true and correct and are a part of this 0-4 nc:) Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in e 1-4 ; compliance with and under the authority of the Code and the Act, the terms of which as D L? 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 L?----- 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 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2 The Property is owned in fee simple by Developer. Such evidence is evidenced by copies of deeds included as Exhibit C. 3.3 The Property is generally located at 316 Hamden Drive (including 326 and 330 Hamden Drive and a portion of 316 Hamden Drive), as more particularly described in Exhibit A. SECTION 4. Scope of Project 4.1 The Project shall consist of no more than 118 overnight accommodation units, as . defined by the Community Development Code. Such rooms may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. 4.2 The Project shall include 120 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08027. 4.3 The proposed density of the Project is 149.44 rooms per acre. The proposed height of the building, as defined by Code, is 84 feet to the top of the roof deck and 99.5 feet to the top of the architectural embellishment. 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 design of the project, as represented in Exhibit B, is consistent with Beach by Design, except as otherwise shown on Exhibit B. 4.6 The Project shall comply with the Metropolitan Planning 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. r 0 M i r- G ?n rM :Z r- ? tli 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. 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- 08027, 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 FLD2009-08027 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 0m o Fit 077 -- n ---- - 4 • • frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement.. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "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. 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 hotel rooms as 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 the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to v p 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 n r hotel units to the Project site in accordance with applicable law. Such grant of units is o dependent upon the demolition of existing units, as specified in the Demolition Plan included in FLD 2009-08027. In the event this Agreement is terminated pursuant to F - ! T'n Section 10 of this Agreement or if any units granted to the Developer from the Hotel ? r Density Reserve are not constructed in conjunction with the Project approved by+ LE FLD2009-08027 and in accordance with Paragraph 6.1.3.2, or if any units of the Project 1 0? if fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of ZTU 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. 5 6.1.6 Transient Use. Occupancy in all overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one consecutive days, whichever is less. Nothing herein shall prevent the sale of units, in which event, a purchaser of a fractional share unit may own a period of time greater than thirty-one (31) days. 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 79 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. .- or? r1 o G 0 ? nM C) jj ? ((f?_- t?'d ? -?I C© 6 0 0 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 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. ° m SECTION 11. Other Terms and Conditions. P i 1 0 11.1 Except in the case of -termination, until ten (10) years after the date of this Q Z C) Agreement, the Property shall not be subject to down-zoning, unit density reduction, or r z? intensity reduction, unless the City has held a public hearing and determined: i 11. That substantial changes have occurred in pertinent conditions existing at t ` ' -- the time of approval of this Agreement; or a --= -- 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. 7 0 0 SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust; and Flamingo Bay Condominium Developers, LLC 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. r SECTION 14. ASSIGNMENTS. 14.1 By the Developer. 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assig- or otherwise dispose of any or all of its right, title, interest and obligations in and to tl 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 sal. conveyance, assignment or other disposition by the Developer to the assignee, shall 1 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. ?o -; e 8 • • 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- compliance, in the judgment of the City Manager, reasonably exercised, is of a minor orE inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with andl 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. o L__ 0 09: c? rnJ Y 9 0 0 SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or 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 Q affected thereby and shall with the remainder of this Agreement continue unmodified and 0 ?_ ??-------"?? 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. #fln, SECTION 22. Code Amendments. Subsequently adopted ordinances and codes c a 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. ?-- 10 • U SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City 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: 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: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company Printed Name: Agostino DiGiovanni President Printed Name: II ? l A ?? 11 3 r.jx f-z T # e. x yMm me G M = J ?E 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 i - personally known to me or has produced a identification. Notary Public Print Name: 12 0 :. c 1 x S , C q v!q c:.3 E k M 330 -°i ?` - 'J 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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 Operation Exhibit E Covenant of Unified Use #496830 v3 - Hotel B DVA (diGriovanniffropicana) Evacuation and Development, Use 13 t7 e _ .A 1 °? a I (rvi C3 sr cj aW r' G f^ A ` r43 rn 57 E ' A > rn V 330 • Parcel No. Portion of 08/29/15/17604/000/0020 08/29/15/17604/000/0030 • EXHIBIT "A" Page 1 of 2 (Hotel B) Street Address 316 Hamden Drive 326 Hamden Drive v c? M, ? -- ,. 0 41 0 1. S••y 1 E ern ?rn 0 0 EXHIBIT "A" Page 2 of 2 HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot IA, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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; 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. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. nm Or rr Q R 7 ? ray ' ( J 1 0 0 EXHIBIT B Site Plan r 0 m - ?rli f t f E -i " P : %' ? ? riL.) A Spanish Tile Roof Rcds and Gray-Browns Metal Awnings - PAC-Clad BL11;gUnd\ Body Color 2 (BC-2) SW 6387 Compatible Crcam Bode C(d r I (BC- 1) SW 6658 Wclcomc Whitc P Base Color 2 (BA-2) SXX' 7562 Roman Column I•,?,+., e. tfxwl : xwa;sxlxs I A51:. ACI.IYyti Base Color 1 (BA-1) AA 2600170{ SW 6356 Copper Mountain J W F- 0 2 _a H O W Q ? Z Q U ° 4. O cr H 1 ogLOwo arm 16 0MOOM ma aEVAt10N5 A7 EAST ELEVATION - HAMDEN DRIVE ?? i nDr DEVELO r+?4 , --"EPT ary L fi .... ,s ^:; .s G)NORTH ELEVATION-3RD8TREET xae.? ro ? nntip ?1 EAST ELEVATION--DENDRIVE NOTE: SEE COLOR ELEVATION SHEET AT FOR PANT AND m MATERML COLORS auE. T yp. Building "Ir BuNdmg"A" . emYCaoA. eCOY C0.0A i - - 10.E ROM rvPKAI Er4Ruu- Rea _. _ lY /\ .......: ?? ®I J R? N t lm s Nenr s 3 _- _ __ ? ? - I- - _ i 1 ? Nxx lin s L.rx> xxx i p W E3 i S tmh xxx ` t tmii hmq ? -? O O ? hrxa twxl 5 Rx pt NG rv.au Building 'A" Building"B" ??Zr? & SOUTH ELEVATION Ecnte. i m a..ae net NOTE: SEE COLOR ELEVATION SHEET A7 FOR PAINT AND MATERIALCOLORS 0.E BOO neRDOr ? COLa i wicN UrEAaRn BODY wicN ii n - ? ? - oez nxR rw,sR mROOr.em oica inau "eruRAAPaE -- E wa a xm. - i _ Rax Rex ` . - ..__ . ...._._._._.._._ . - ?T7T7T ?[B ]] ® El m m L El ® 1 ® a E El [9 ® - tmr, Nx. _ a ® 1B m -RPT ITREL,r0 OE ICE - ® -- - -- 1 xxi tmr, p ® ®® ® ' Z 1 wr tetra mENx. i a - _ t ®? ®B ®® _Lij L11 ® i NxrLmE _ li e E 11 -D i - M NE BnaE CaIOR, Mae oxwx Building"A" Building." yse ao?Rr / ?WESTEVATION• CORONAOO DRIVE NOTE: SEECOLORELEVATN7NSNEETATFORPAIWANO aWE net EL MATERIAL COLORS BDµE , ,? 1' f 'a D •v ?? r?? ? fir; 12 Clrr 05-?E h? 'rl`':iiTi BR helm, • pciennecz .I 19 trcx umnR 8 32501 Ic '80 7 8.501 75.8485 (850.690.0235 AA26001704 Building "B" Building "A" ' scue: r"iD (1 NORTH ELEVATION (HOTEL B) NOTE: SEE COLOR ELEVATION SHEET AT FOR PAINT AND NATERVLL COLORS EXHIBIT C Evidence of Ownership (deeds) • r,s a; a e > • sue'*? L? ; r i Cn # L Tt O 33 I#: 2005300871 BK: 14494 PG(02393, 08/01/2005 $18.50 D DOC STAMP COLLECTION $27300.00 KEN COUNTY, FL BY DEPUTY CLERK: CLKDMCI at 03:34 PM,90CORDING 2 PAGES BURKE, CLERK OF COURT PINELLAS #-S b D E E D THIS WARRANTY DEED is given this /ST day oftj, d, 2005, by MANNA 7. SHAH, an unremame4 widow, Individually, and as Surviving Trustee of the Shah Family Trust dated July 16,11993; well as in her capacity as Trustee of the Marital Trust "A" and Decedent's Trust "B" undet-tb6 Shah Family Trust Agreement dated July 16, 1993 ("Grantor") to FLAMINGO BAY CONDQ?VIITIUM DEVELOPERS, LLC, a Florida Limited Liability Company ("Grantee") whose maSlft address is 163 Bayside Drive, Clearwater, FL 33767 ISTNESSETH, that the Grantor, for and inconsideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Grantees, the receipt and sufficiency of ,hereby acknowledged, has granted, bargained, and sold to the Grantees, and Grantees' -essors and assigns forever, the following real property, in Pinellas County, Florida, as follows: The Southerly 45 feet of Lots 2 and 2A, and all of Lots 3, 3A, 4 and 4A, Columbia Subdivision No. 3, recorded in Plat Book 27, page 46, Public Records of Pinellas County, Florida Parcel No. 08/29/15/17604/000/0030 Together with, but without warranty, all riparian rights, rights of accretion and reliction and other water rights appurtenant to said property. TOGETHER with all of the tenements, hereditaments, and appurtenances thereto belonging or in any way appertaining, subject only to all easements, covenants, conditions, restrictions, reservations, and like matters of record, if any (provided, however, that this reference shall not serve to reimpose same) and ad valorem taxes for the current year and all subsequent years; AND, the Grantor does hereby covenant with the Grantees that the Grantor is fully seized of the described real property in fee simple; that the Grantor has good right and lawful authority to sell and convey the described real property; that the described real property is free from encumbrances, _ except as indicated herein; that the Grantees shall have quiet possession of the described real t th t th G ill proper y; a e rantor w execute or procure any further necessary assurances of title to the F described real property; and that the Grantor hereby fully warrants the title to ", , - C C) v LJ -`° a ) i Fa 1% n> {? RoWw=ie< Douglas N. Menchise, P.A. - 300 Turner Str et Ca M f --- 1-Jt p, e Clearwater, FL 33756 M ]l7 m ' PINELLAS COUNTY FL OFF. REC. BK 14494 PG 2394 Ay k 2 t ? the described real property god, Will. defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEI`L1EOF, the Grantor has executed this deed as of the day and year first above written. Signed, sealed & c in the presence of: ,(?ohati>;Co?ti <.. SSA TE OF FLORIDA ) )ss. Clearwater ... COUNTY OF PINELLAS ) M a J. Shah, an unr married widow, Ir/dividually and as Surviving Trustee of The Shah Family Trust dated 7/16/1993, and Trustee of Marital Trust "A" and Decedent's Trust "B" Under the Shah Family Trust dated 7/16/1993 I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MANNA J. SHAH, ? who is know to me or 2-who produced tc. AP-enjC. d w?,,- Q CAA- as identification and who executed the foregoing instrument and acknowledged before me the execution of the same. WITNESS my hand and official seal in the County d State last aforesaid this- day ofd- , 2005. NOTARY PUBLIC My Commission Expires: Notary Public Stale of Florida . Sandra L Servidio R:\wp5l\CLIENTS\SHAH\WARRANTY DEED TO FLAMINGO BAY CONDOMINIUM My Commrssan DD431918 a n Expires 0812512009 mss.--'• C7 M G ? G O S e z { M r, Y m L' UU 0 If: 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 PREPARED BY AND RETUR27,'TO:' rU? Steph6n 0. Cole, Esquire t Macfarlane Ferguson" 6.'-O Mullen Lk. 625 Court Street, Sui 200 Post Office Box 1-(33757) Clearwater, Flor2dd 33756 WARRANTY DEED Tfi 'INDENTURE made this ?ay of December 2004, between JEDE/.80R ORATION INC., a Florida corporation, of the County of P'nel,la`d, and the State of Florida, Party of the First Part, whose Fnki,rillg address is 2919 West Bay Drive, Belleair Bluffs, Florida r•.M'a ? `-3 770, and JOHN CONTI, FRANCESCO CARRIERA and AGOSTINO DIGIOVANNI, 1as 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 the Second Part, whose mailing address is Gc 3 2, 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 ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, unto the said Party of the Second Part and its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, and State of Florida, more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to 2005 real estate taxes; and restrictions, reservations and easements of record. Parcel I.D. No. 08/29/15/17604/000/0010 Together with all the tenements, hereditaments and appur- tenances, with every privilege, right, title, interest and estate, v M < > x Ti1 ; f^ _ ( S 7 1 -1- PINELLAS COUNTY FL OFF. REC. BK 10 PG 910 ! 1, I Y • dower and right' of dower, reversion, remainder and easement thereto belonging?pr in anywise appertaining. TO HAV?.FSND TO HOLD the same in fee simple forever. And X} e@ aid Party of the First Part does covenant with the said Par?$,.:nf the Second Part that it is lawfully seized of the ,td,sraid land, and will defend the same against the lawful claims I Signed,, Sealed and Delivered in Our Presence: JEDE CORPORATION, INC. i Pr' Name ,,N Deborah Well , as President d? nn?. Imo` Print Name Q, Co?c STATE OF FLORIDA COUNTY OF PINELLAS said pzem}bes, that it are free of all encumbrance, and that it has;'gQOd; right and lawful authority to sell the same; and that saic3-?arty of the First Part dotti hereby fully warrant the title f•l?£ -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. 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 --r- day of ?_ 2004. Not r Publi Print Name: My Commission Expires: [SEAL), JpaAR&yn?d MV CM,,J..On DD133235 E pk.,A,quato.2o06 , a Florid corporation ey: crr" lin" -2- PINELLAS COUNTY FL OFF. REC. BK A PG 911 F t EXHIBIT ,. PARCEL 1: `'I~ Lots 1 end 1T, C•DLMiDIT SUBDIVISION NO. 3, according to plat thereof recorded in Plat Book 27, page 46, Public Records of Pinellas County, Florida; LEV-Ithe, South 26:5 feet of said Lot IA; and also less the following d6'Ac:i)ied portion of Lot 1: Begin at a point in the West bounder;/ oZ'sid Lot 1, which said point is. located 21.87 feet North along the\9aid?line from the Southwest corner of said Lot fora Point of Beginnirfq{`;aad from the Point of Beginning thus established, run thence , eet to the Southwest corner of said Lot 1; south a„3kancs of:9.07 f South boundary of said Lot 1, a distance of run t'q ,, sc along the ?, 110 L:e@t±ta the Southeast corner of said Lot; run thence North along the Easti•-boiffidary of said lot a distance of 26.5 feet; run thence West in a s rrxidtit'' line to the established point of beginning. gARC?L z: is ?. L6x"Yhree (3) in Block T of COLUMBIA No. 2 according to the sap or plat ,t greof as recorded in Plat Book 21 Page 79 of the Public Records of jjgallas County, Florida. * \ •v v R. t t ? ?? 4 I#: 2004487453 BK: 14004 PG: 577, 1 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 `i Recording: a 4-Oo Doc. stamps: ; . 7-0 Int. tax: } TOTAL: THIS INSTRUMENT WASP ABED BY AND, AFTER RECORDING, RETU` David R. Punzak, Esquire CARLTON FIELDS, P.A.., 200 Central Avenue, St6liq h06 St. Petersburg, Florida337.01` (727) 821-7000 (727) 822-3768 (Fa4kihilef Grantee's TIN., ''r Parcel Nos.: 08 -.175586-001-0010 08-25415475586-001-0020 WARRANTY DEED #'tTHIS WARRANTY DEED is given this _L41 day of December, 2004, by /-A,J,EX ANDROS GALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER W,OS TRUST AGREEMENT DATED MARCH 3, 1997, and STAMO G. GALIATSATOS, ,Isjrustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED "MARCH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida ;'33767 (collectively "Grantor") to AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA, and JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with full- power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or otherwise manage and dispose of the real property described herein, including all. those powers as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive, Clearwater, Florida 33767 ("Grantee'). 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 er '); 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, hereditarnents, 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 { 0 r< 0 ? T [ , (( L? J ? IT rLZ W ITI i 0 PINELLAS COUNTY FL OFF. REC. BK 14004 PG 578 2 TO HAVE AND TO I-i&b the same in fee simple forever, and GRANTOR hereby h6vonants with Grantee that it is lawfully seized of the Property in fee simple; that it has 6o Z riiht and lawful authority to sell and convey the Property; that it hereby fully warrants t{le title to the Property and will defend the same against the lawful claims of all persons whomsoeZer; and that the Property is free of all encumbrances, except for the Permitted Exceptions. This is co " inercial property and is not, nor has it ever been, the Homestead of the Grantor. IN WPVSS WHEREOF, Grantor has executed this Warranty Deed on the day and year first above3yziCten. XLEXANDROS GALIATSAT S, AS TRUSTEE OF THE ALEXANDROS GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 /11 ti 305 Coronado Drive e.Y. (??kv?N?mur?? Clearwater, Florida 33767 STPR576982.1 9 STAMO G. GALIATSATOS, AS TRUSTEE OF THE STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 l.._. _ . ?..._..:f j r 1. T ! k n 3 r r?s t? Lo ? r1fU i M _ } 31 v -1j" B• l?sa4?sg' (Print name legibly on this line) PINELLLAS COUNTY FL OFF. REC. BK 1400 PG 579 • "i _t ??l r .2'-?? STATE OF FLORIDA )'`' COUNTY OF PINELLAS..,-) .J The foregoing insR gnent was acknowledged before me this L day of _? 2004, by ALEXANDROS 6'ALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER VIVOS TRUST`A'G' kEEMENT DATED MARCH 3, 1997 individua n reha}f ci? the Trust. He is pe onally known to me or has'produced ? ??- te) driver's license ? no. & 4;Q- nbD ? ? - 0'84 -t7 as identification. My Comn}issI l xpires: $L? ' NOTARY PUBLIC (Sign ne) ,,..w.„ ; ;.i,oAVmavuramc . Pv iKt re?""`?? `r?rcoatiwronatoooo FES septemter2q,2oos (Printed Name) mNwwram?u?e¦.?. ?i ;` ti STATE OF FLORIDA COUNTY OF PINELLAS (Title or Rank) (Serial Number, if any) The foregoing instrument was acknowledged before me this _ day of 2004,' by STAMO G. GALIATSATOS, as Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST. AGREEMENT DATED MARCH 3, 1997, irndiv?idually e e Trust. She is personally known to me or has produced -7 (star driver's license no fi-A??.?? `1B0?N- 62 - 0 as identification. My.Commission Expires: ' 'ARY SEAL) !?""''+ o?HOa ?wvc NOTARY P LIC (Sign & v rn?.,? (Printed Name) (Title or Rank) (Serial Number, if any) strane9az.r ir i ?® t .7 C'°A I ? 91 a f a V LJ i ;, [ P, I jam` r,p ; r? II '> M fS ?? u U rr? tt? ??i PINEZLAS COUNTY FL OFF. REC. BK 1400.4 PG 580 EXHIBIT "A" ?Leeal Description of Propertv Lots I and 2, Block A, IA SUB. NO. 2, according to the map or plat thereof as recorded in Plat Book 2I; Page 79, of the Public Records of Pinellas County, Florida. i?t S7P#576982.1 E _. 17 fi i::L 7 6 e PINELLAS COUNTY FL OFF. REC. BK 1403f1 PG 581 li EXHIBIT "6B" Permitted Exceptions Taxes for the ye0.2095, and all subsequent years, which are not yet due and payable. 2. Matters on"Plat recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida.:, ' ights,`af Tenants and possession under verbal leases. 4. Deg1#iit'i h of Unity of Title recorded in Official Records Book 9849, beginning at Page 292, of the Nbi-C Records of Pinellas County, Florida. 5. Rights of the United States Government and/or the State of Florida arising under the Unite¢;$tates Government control over navigable waters and the inalienable rights of the State of Florida-u1 the lands or water of similar character, as to any part of the Property which is submi3tgtd beneath navigable waters or maybe artificially filled inland in what was formerly navigable waters, and any accretions thereto. ST '#376992.1 ?J m I,cUU? ?. L ? ? -t l I#: 20(,5019858 BK: 14067 PG: 1895, 918/2005 at 03:14 PM, RECORDING 2 PAGE ,$18.50 D DOC STAMP COLLECTION $15400.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC3 t IN, WARRANTY DEED THIS V-%, tRANTY DEED made the f A day of January, 2005, by SEACOVE PARTNER?t MP an Illinois General Partnership, hereinafter called the grantor, to k It AGOSTIN"IrGIOVANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co- Trustees -dihe Tropicana Resort Land Trust, with full power and authority to deal in and with the ploPerty or any interest therein including full power and authority to protect, cons..erye; sell, lease, encumber, develop, manage or dispose of the property, including all pow s u n der FS689.071(1), whose mailing address is 163 Bayway Drive, Clearwater, FL 33 67'litireinafter called the grantees: WITNESSETH: That the grantor, for and in consideration of the sum of TEN t {$10,00) DOLLARS and other valuable considerations, receipt whereof is hereby --acknowledged, hereby grants, bargains, sells, alienss, remises, releases, conveys and confirms unto the grantees, all that certain land situate in Pinellas County, Florida, to-wit: v 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: y /' Ado t Ph t: Print: _.4 SEACOVE PARTNERSHIP, an Illinois General Partnership By: e L. oberson, General Partner By:-?? Paul Jam. 'ob6cheid, General Partner STATE OF FLORIDA COUNTY OF PINELLAS . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared. EARLE L. ROBERSON and PAUL J. HOBSCHEID, General Partners of SEACOVE PARTNERSHIP, an Illinois General Partnership, who are personally known to me or who produced driver's licenses as identification. They acknowledge that they executed the foregoing Warranty Deed for an on behalf of said partnership. WITNESS my hand and seal in the County and State last aforesaid this ?- day of January, 2005. (1 / / _ /e REIM TO: Prepared by: JERRY C. COBB, ESQUIRE 501 S. Ft. Harrison Ave., 4206 Clearwater, FL 33756 a..••• 38WCCobb W ONT OW464U W= . '4„ =?,p I ?? .?. 00 Fo i. (. , PINELLAS COUNTY FL OFF. REC 14067 PG 1896 • Lot 4 in Block ADfCOLUMBIA SUBDIVISION NO. 2, according to the map or plat thereof rcearded-ijf Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. 4., 5 1 s4\ PAItQrs 1V0.2:1 Lbl,-.Zand 2-A, COLUMBIA SUBDIVISION NO. 3, LESS the Southerly 45 feet thereof; %arid,&ht'part of Lot I in COULUMBIA SUBDIVISION NO. 3, described as follows: Begin pont in the West boundary of said lot, which said point is located 24.87 feet North along i SaW line from the Southwest corner of said lot for a Point of Beginning; and from the Point i ?.t2Beginning thus established, run thence South a distance of 24.87 feet to the Southwest corner of said lot; run thence East along the South boundary of said lot a distance of 110 feet -` to the Southeast comer of said lot; run thence North along the East boundary of said lot a r?@? l 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 I-A in said COLUMBIA SUBDIVISION NO. 3, z. according to the map or plat thereof recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. EXHIBIT "A" t M E <?? - i r taaj 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 and Flamingo Bay Condominium Developers, LLC, a Florida limited liability company (collectively, "Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-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 _-w 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 =': a S . r._ Designation, which rights, duties, obligations and responsibilities shall be binding on any z -? G and all successors and assigns and will run with the title to the Real Property. c; C THEREFORE, in consideration of the covenants and restrictions herein set forth a, G and to be observed and performed, and in further consideration of the allocation of Hotel t ° 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 r "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2009). ' _ if1! 2.2 Closure of Improvements and Evacuation. The Hotel developed i I on the Real Property shall be closed as soon as practicable upon 4 the issuance of a hurricane watch by the National Hurricane !) . Center, which hurricane watch includes Clearwater Beach, and all E E C Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated I :V from the Hotel as soon as practicable following the issuance of r7i 2 0 • said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as 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] 3 I -T 1 cl, I > M ?? ?? rr, 0 0 IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _, day of 2009. 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 FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company By: Agostino DiGiovanni President Printed Name: Printed Name: CITY OF CLEARWATER, FLORIDAI o k By: William B. Horne II, City Manager 1 k it SI Attest: 33 4 Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by 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: rr] t J: 5 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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: c Cam ? 0 m o --- r?iu p 6 SCHEDULE A HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot IA, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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; 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. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. v M 0 m o -D ^ n t I i • . 0 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 Tropicana Resort Motels, LLC, a Florida limited liability company ("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 M other good and valuable consideration, the receipt and sufficiency of which are hereby ' n M acknowledged, Developer does hereby agree that, effective as of the date on which 0 ? Developer receives all permits required to construct the Project and Developer n m commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise . 7 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 92009. 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: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited 0 E?c? liability company 0 m nn Agostino DiGiovanni President Printed Name: Printed Name: 2 It . • Printed Name: CITY OF CLEARWATER, FLORIDA By: 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. 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: IVEE j)EpS 3 UE'ti OV CfI'{ ?t EAFt V 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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: 1 ?l 4 rFB5 1E 0 V/ IE N0V 2 ;=?u9 .n .?c•a. DVELOPr41ENT L EhVIOES DEPT Crry o CLEARWATER - . r 0 SCHEDULE A HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot IA, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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; 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. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. D I Fl g UEVETP f ,ENT hV;GES [CEP T I crr( OF LEAFiV1 ATER S?t? tS/.S/LVVy Receipt #: 1200900000000005313 12:08:34PM .y, Date: 08/03/2009 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid DVA2009-00003 Development Agreement Fee 001000000341262000 1,500.00 FLD2009-08027 04 Flexible Commercial 001000000341262000 1,205.00 FLD2009-08027 Fire - Prelim Site Plan 001000000342501000 200.00 Line Item Total: $2,905.00 Payments: MPthad 1• Payer Bank No Account No Confirm No How Received Amount Paid Check TROPICANA RESORT MOTELS R_D 1177 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 I of I =tea 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 PLANNING & DEVELOPMENT December 21, 2009 E.D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 RE: Development Order - DVA2009-00003 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 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 and Flamingo Bay Condominium Developers, LLC (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 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 Hamden Drive). If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- 4504. You can access zoning information for parcels within the City through our website: w.??w.nT,vclea.ltivater.co.m. Sincerely, Michael De IC Planning Director S: (Planning DepartmentlC D BIDevelopment Agreements (DVA)IDVA2009-00003 - Hamden 316 Hotel B (T) 2009.12 - Approved - WWIHamden 316 Hotel B DVA CC Decision Letter 12.21.09.doc °EOUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" i • 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. W ALLACE POPE, JR. ROBERT V. POTTER, JR. DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL CHARLES A. SAMARKOS 911 CHESTNUT ST. • CLEARWATER, FLORIDA 33756 POST OFFICE BOX 1366 • 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: SARA A. SCHIFINO SCOTT F.. SCHILTZ' KIMBERLY L. SHARPE WILLIAM B. SPOTTS WOOD JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON *OF COUNSEL 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 (Jaynes _jpfirm.com). Thanks. Sincerely, J yne . Sears Legal Assistant encls. cc: Wayne Wells, AICP #510910 V1 CLEARWATER 6 TAMPA 0 9 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, November 30, 2009 2:12 PM To: Wells, Wayne Cc: Katie Cole; Ed Armstrong Subject: 316 Hamden - Hotel B - DVA2009-00003 (Revised) Attachments: Hotel B 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 0 .0 Wells, Wayne From: Wells, Wayne Sent: Monday, November 30, 2009 11:10 AM To: 'Jayne E. Sears' Cc: Katie Cole; Ed Armstrong Subject: 316 Hamden - Hotel B - DVA2009-00003 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: "the top of the architectural embellishment; the project includes 1,335 square footage of non-accessory retail sales use, at a FAR of 0.037 (based on total lot area); and the project includes approximately 1,060 square feet of accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and approved by FLD2009-08027.". 3. Section 6.1.3.2 - There are two periods at the end of the paragraph. Remove one of the periods. 4. Section 6.1.6 - Add a period to the last sentence at the end of the paragraph. 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 10:16 AM To: Wells, Wayne Cc: Katie Cole; Ed Armstrong Subject: 316 Hamden - Hotel B - DVA2009-00003 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 _s?,? =tee;,? Zoning Condition ISConditions Associated Witio DVA2009-00003 316 HAMDEN DR Wayne Wells, AICP 727-562-4504 08/24/2009 V 1-111/22/09, 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 Q 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). 10/22/2009 J 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 "31.6 Hamden Drive". 10/22/2009 J 11/22/09 & 10/22/09 - WW Not Met Per Legal - Exhibit D, Page 1, Second Paragraph, Line 2 - Revise "Schedule 1" to "Schedule A" and do not underline such. 10/22/2009 11/22/09 & 10/22/09 - WW Need to add to Section 4 an additional sentence (?) indicating this project has 1,335 square feet . 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 J 11/22/09 & 10/22/09 - WW Per Legal - 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. 10/22/2009 11/22/09 & 10/22/09 - WW Per Legal - Property Appraiser site verifies ownership of the parcels, but spell out in the DVA which entity owns which parcel. 11/22/2009 J 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 / Unclear why there isn't language in the DVA similar to the condition of approval placed on v FLD2009-08027, which stated "That no permits for Hotel B be issued prior to the issuance of permits for Hotel A and no Certificate of Occupancy be issued for this Hotel B at 316 Hamden Drive prior to the issuance of a Certificate of Occupancy for Hotel A at 300 Hamden Drive under FLD2009-08026/DVA2009-00002, nor until appropriate cross easements serving the Hotel B property are recorded in the public records." It has been previously stated that Hotel B cannot be constructed prior to Hotel A. Print Date: 11/25/2009 Not -Met Not Met Not Met Not Met Not Met CaseConditons Page 1 of 1 r • Wells, Wayne I/ From: Katie Cole [Katiec@jpfirm.com] Sent: Tuesday, November 24, 2009 11:57 AM To: Katie Cole; 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 One other thing on 316 Hamden - Leslie comment re: spell out which entity owns which property - the deeds are included and referenced as an exhibit showing which entity owns each parcel. Why do we need an thing more than that? If it is really necessary 'd like to include a cover page to the exhi i o ee s w is spe s it out. thanks. A D D W -----Original Message----- From: Katie Cole Sent: Tuesday, November 24, 2009 11:23 AM To: 'Wayne.Wells@myClearwater.com'; Leslie. Dougall=Sides@myClearwater.com Cc: Gina.Clayton@myClearwater.com; 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 with her, if you'd like. The below comments were included for both development agreements: 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; 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. As 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 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 <<Case Conditions as of 11.22.09 (Hotel A).pdf>> <<Case Conditions as of 11.22.09 (Hotel B).pdf>> N ;a N 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 discu?ss` `,With ii her, if you'd like. \ _4(_ I-SCuS1?wv?, G @ Y?a?ol?'4 --M ?? Wwaa t1?c? \?Scz 3. The below comments were included for both development agreements: 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; ,)?_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. -P. 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. ? °' ass to 300 Hamden: Address of DVA to 300 Hamden Drive - this comment was addressed previously - is there another 06 place on the agreement that is incorrect? Every place I found had the correct address OaV?As to 316 Hamden - Wayne's last comment: sections 6.13.1, 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 agen*r December 17, 2009. Make sure I golectronic versions of the documents also. 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 <<Case Conditions as of 11.22.09 (Hotel A).pdf>> <<Case Conditions as of 11.22.09 (Hotel B).pdf>> 0 0 ??}3l??io Of Y?"'i • Y y ? r+l 'moo ., Q e PLANNING DEPARTMENT CITY OF C LEARWAT ER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 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: DVA2009-00003, 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 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 and Flamingo Bay Condominium Developers, LLC (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 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 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.iiivclea.i-?\;ate.i-.com/s, Sincerely, Michae e k, Planning Director S: IPlnnning DeparttnentlC D BIFLEX (FLD)IPending cases)Up for the next CDBIDVA2009-00003 - Hamden 316 Hotel B (T) 2009.xx - 11.1709 CDB - WWIHamden 316 Hotel B DVA CDB Decision Letter 11.23.09.doc "EQUAL EMPLOYMENT AND AFFIRMATNE Ac-nON EMPLOYER" Conditions Associated With :aaz DVA2009-00003 :?- ?°? 316 HAMDEN DR ? g . Zoning Condition Wayne Wells, AICP 727-562-4504 08/24/2009 11/22/09,10/22/09 & 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 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 a? 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 dpurchaser 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 Ydays, whichever is less." 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 "316 Hamden Drive". 10/22/2009 11/22/09 & 10/22/09 - WW Not Met Per Legal - Exhibit D, Page 1, Second Paragraph, Line 2 - Revise "Schedule 1" to "Schedule A" and do not underline such. 10/22/2009 / 11/22/09 & 10/22/09 - WW Not Met J Per Legal - Revise Section 4 to include limitations found in Parking Reduction Study, such as hours of operation of retail sales use. / 10/22/2009 11/22/09 & 10/2/09 - 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 J 11/22/09 & 10/22/09 - WW Not Met v 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. 10/22/2009 11/22/09 & 10/22/09 - WW Not Met Need to add to Section 4 an additional sentence (?) indicating this project has 1,335 square feet 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 11/22/09 & 10/22/09 - WW Not Met Per Legal - 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. Print Date: 11/22/2009 CaseConditons Page 1 of 2 DVA2009-00003 316 HAMDEN DR Zoning Condition Wayne Wells, AICP 727-562-4504 10/22/2009 11/22/09 & 10/22/09 - WW Not Met Per Legal - Property Appraiser site verifies ownership of the parcels, but spell out in the DVA which entity owns which parcel. 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 Unclear why there isn't language in the DVA similar to the condition of approval placed on Not Met FLD2009-08027, which stated "That no permits for Hotel B be issued prior to the issuance of t\\ Qi permits for Hotel A and no Certificate of Occupancy be issued for this Hotel B at 316 Hamden Drive prior to the issuance of a Certificate of Occupancy for Hotel A at 300 Hamden Drive under FLD2009-08026/DVA2009-00002, nor until appropriate cross easements serving the Hotel B property are recorded in the public records." It has been previously stated that Hotel B cannot be constructed prior to Hotel A. Print Date: 11/22/2009 CaseConditons Page 2 of 2 • • 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, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 r? . 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 Case Case tions as of 11.21ions as of 112 Zoning Condition .Conditions Associated Wit• DVA2009-00003 316 HAMDEN DR Wayne Wells, AICP 727-562-4504 08/24/2009 11/22/09,10/22/09 & 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 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 & 9/11/09 - WW 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." Not Met 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 "316, Hamden Drive". 10/22/2009 11/22/09 & 10/22/09 - WW Not Met Per Legal - Exhibit D, Page 1, Second Paragraph, Line 2 - Revise "Schedule 1" to "Schedule A" and do not underline such. 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 hours of operation of retail sales use. 10/22/2009 11/22/09 & 10/2/09 - 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. 10/22/2009 11/22/09 & 10/22/09 - WW Not Met Need to add to Section 4 an additional sentence (?) indicating this project has 1,335 square feet 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 11/22/09 & 10/22/09 - WW Not Met Per Legal - 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. Print Date: 11/22/2009 CaseConditons Page 1 of 2 DVA2009-00003 316 HAMDEN DR Zoning Condition Wayne Wells, AICP 727-562-4504 10/22/2009 11/22/09 & 10/22/09 - WW Per Legal - Property Appraiser site verifies ownership of the parcels, but spell out in the DVA which entity owns which parcel. 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 Unclear why there isn't language in the DVA similar to the condition of approval placed on FLD2009-08027, which stated "That no permits for Hotel B be issued prior to the issuance of permits for Hotel A and no Certificate of Occupancy be issued for this Hotel B at, 316 Hamden Drive prior to the issuance of a Certificate of Occupancy for Hotel A at 300 Hamden Drive under FLD2009-08026/DVA2009-00002, nor until appropriate cross easements serving-.the Hotel B property are recorded in the public records." It has been previously stated that Hotel B cannot be constructed prior to Hotel A. Print Date: 11/22/2009 Not Met Not Met Not Met CaseConditons Page 2 of 2 Wells, Wayne From: Wells, Wayne Sent: Thursday, November 12, 2009 11:07 AM To: jaynes@jpfirm.com Cc: Renee Ruggiero (renee@northsideengineering.net) Subject: FLD2009-08027/DVA2009-00003 - 316 Hamden Drive (Hotel B) 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, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Hamden 316 Hamden 316 tel B FLD Staff tel B DVA Staff 0 0 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 0 0 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: 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)_ 5.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 [ma i Ito: 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 pennits and one com.:.euce?ier?i) 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 (diGiovanniTropicana)_ 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 • 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 a 1 0 • 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@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 11117/09 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>> C s 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 IN Hamden 300 Hamden 316 al A FLD CDB LI B FLD CDB L 0 0 CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 5624567 FAx (727) 5624865 PLANNING DEPART MNT October 27, 2009 E.D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 Re: Community Development Board Meeting (Case Nos. FLD2009-08027/DVA2009-00003) Dear Mr. Armstrong: You have filed Case No. FLD2009-08027 for property located generally at 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 Hamden Drive) for (1) Flexible Development approval to permit a 118-unit overnight accommodation use and 1,335 square feet of retail sales floor area in the Tourist (T) District with a lot area of 35,730.06 square feet (0.82 acres), a lot width of 312 feet along Hamden Drive, a front (east) setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 11 feet (to pavement), a side (south) setback of 10 feet (to building), a side (north) setback of zero feet (to building adjacent to proposed Hotel A), a rear (west) setback of zero feet (to building adjacent to proposed Hotel A) and 10.7 feet (to Hotel B building), a building height of 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments) and 120 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 79 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design. Likewise, you have filed a companion Case No. DVA2009-00003 for the same property for the Review of, and recommendation to the City Council, of a Development Agreement between Agostino Digiovanni, Francesco Camera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust and Flamingo Bay Condominium Developers, LLC (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, 3rd floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727- 562-4504. Sin cerely, ' W A,, Wa M. Wells, AICP Planner III S: (Planning Department) C D BIFLEX (FLD) (Pending casesl Up for the next CDBIDVA2009-00003 - Hamden 316 Hotel B (T) 2009.xx - 11.17.09 CDB - WWIHamden 316 Hotel B FLD CDB Letter 10.27.09.doc "EQUAL EMPLOYMENT AND AFFIRMATIVE AcnON 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 0 0 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 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III ALEKSASA.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 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 SARA A. SCHIFINO SCOTT E. SCHILTZ• KIMBERLY L. SHARPE JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A. WILLIAMSON *OF COUNSEL FILE No. 50593.117498 SEP 16 2009 tt:O MEo`iT SERVICES DEPT CITY OF CLEAR` PATER Re: DVA2009-00003 - 316 Hamden Drive - Hotel B Application for Development Agreement Dear Wayne: 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: 7. 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: Hotel B is an extended-stay hotel and it is anticipated that all units will contain kitchens. This project is not using units from the Destination Resort density pool and therefore the above limitation is not applicable. 11. 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. CLEARWATER ? TAMPA 0 0 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Mr. Wayne Wells October 15, 2009 Page 2 14. 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 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." Response: This provision was added but amended slightly, as sales of fractional share units are not currently anticipated. 21. 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 with Michael Delk and Leslie Dougall-Sides). Response: Acknowledged. Very truly yours, JOHNSON, POPE, BOKOR, RU PEL & BURNS,?L?LfJP Ka Brine E. Cole KEC/rm #5051630 Hotel B SEP 16 2009 fEL0PWENT SERVICES DEPT CITY OF CLEARWATER - • • 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, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 a'MM 'dom. Draft 9.3.09 Draft 9.3.09 C Action AgendC Action Agend 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 • • Wells, Wayne From: Wells, Wayne Sent: Friday, August 07, 2009 11:11 AM To: jaynes@jpfirm.com Cc: renee@northsideengineeringservices.com Subject: FLD2009-08027 and DVA2009-00003 - 316 Hamden Drive Jayne - Both of the above referenced applications (FLD and DVA) for 316 Hamden Drive (Hotel B) 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, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Letter of ipleteness - Ho- Clearwater August 07, 2009 Ed Armstrong 911 Chestnut Street Clearwater, F133756 .CITY OF CLEA2WATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER.COM VIA FAX: 727-462-0365 RE: DVA2009-00003 -- 316 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: DVA2009-00003. 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, U > W ?v Wayne ells. AICP Planner III Letter of Completeness - DVA2009-00003 - 316 HAMDEN DR 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? 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 -----Original Message----- From: Wayne.Wells@myClearwater.com [maiIto: Wayne.Wells@myClearwater.com];; . • ::.,,;. ,, -•,;, 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) 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 2 Q-1 t) DEVELOPMENT AGREEMENT Hotel B - 316 Hamden Drive THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated ce xv?- ?? 2009, and entered into between AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA AND JOHN CONTI, AS CO-TRUSTEES OF THE TROPICANA RESORT LAND TRUST and FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company (collectively, "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 0.820 acre 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 118 overnight accommodation units, pool, and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 118 units, which includes 79 units from the available Hotel Density Reserve; go2:ox z acrm Q?rl O N ?7WCwnm ?? oO0 Xvni_m o " ro 01 t?nvmDc w A et M M N N W ONii, ? J 9 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 FLD2009-08027 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. Pro a Subiect to this A Yeement. 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 in fee simple by Developer. Such ownership is evidenced by copies of deeds included as Exhibit C. 3.3 The Property is generally located at 316 Hamden Drive (including 326 and 330 Hamden Drive and a portion of 316 Hamden Drive), as more particularly described in Exhibit A. SECTION, 4. Scapa of Pro' ect 4.1 The Project shall consist of no more than 118 overnight accommodation units, as defined by the Community Development Code. Such rooms may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. 4.2 The project shall include 120 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08027. 4.3 The proposed density of the Project is 149.44 rooms per acre; the proposed height of the building, as defined by Code, is 84 feet to the top of the roof deck and 99.5 feet to the top of the architectural embellishment; the Project includes 1,335.square feet of non- accessory retail sales use, at a Floor Area Ratio (FAR) of 0.037 (based on total lot area); and the Project includes approximately 1,060 square feet of accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and approved by FLD 2009-08027. 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 design of the project, as represented in Exhibit B, is consistent with Beach by Design, except as otherwise shown on Exhibit B. 4.6 The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this A reement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 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- 08027, including any conditions. Specifically, Developer acknowledges the FLD2009- 08027 condition of approval that the hotel located at 300 Hamden Drive under FLD2009- 08026/DVA2009-00002 must receive its Certificate of Occupancy prior to the City issuing a Certificate of Occupancy for this Project. 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 FLD2009-08027 and Code Section 4-407. The 4 0 0 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. 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. 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 hotel rooms as 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 the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve, Return of Units to 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 2009-08027. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the 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 month or thirty-one consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share it 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 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 79 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Develo ment. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect 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. 73 Fire protection from the City. 6 0 0 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 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 7 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11,13 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust; and Flamingo Bay Condominium Developers, LLC 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 8 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. 14.1.21 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. 9 0 0 SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be- used in the interpretation of any section, subsection or 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. 10 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 arc specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counter arts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City 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. M SE Printed Name: t Tinted Name: go no iGiovanni, as Co-Trustce of the Tropicana Resort Land Trust STATE OF FLORIDA COUNTY OF PINELLAS rk4 The foregoing instrument was acknowledged before me this`t'"day of Dzeu 2009, by Agostino Digiovanni, as Co-Truste of the Tropicana Resort Lan Trust, who is personally known to me or ? has produced FL 01kMe.-0 LkWxoaE- as identification. Irv ?N????uunp???i u' ? . W SULt/VA?(.`?i,,,i Notary Public a`'? `, saN ??•. Print Name: ?(11l'1,1 , staly' v-? 11 • D #rinted Name: . inted Name: STATE OF FLORIDA COUNTY OF PINELLAS Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust The foregoing instrument was acknowledged before me this`_rday of 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land rust,.who is personally known to me or ? has produced FL as identification. ????1?luul?/?p? otary Publics S U W qi4 Print Name: ION?c?•. d '03,201;pW.. #W1690 F -S -00 12 U F-1 as Co-Trustee of is Resort Land Trust STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this44hy of UVAb A 2009, by John Conti, as Co-Truste of the Tropicana Reso Land Trust, who is personally known to me or bias produce ?L ( as identification. ???111111Uq?? lhNotary Publi max""';Ak M. sU Print Name: _ #Dp 7B89pg 13 • Printed Name: L ? rinsed Name: S"LATE OF FLORIDA COUNTY OF PINELLAS • FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company ` By: Agostino DiGiovanni President . The foregoing instrument was acknowledged before me the day of F1f!Qffb,1L_ 2009, by Agostino DiGiovanni,.as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liabilii' company, on behalf, of a company. He : is personally known to me or ?/ has produced r as identification. No y Public nn ..?N??nu+u?i?,, Print Name:_ 1? Qllr?1 I? S?l.? (I VC,(? •• 4ISS10N ' cn •_ MDD 769389 :-- 14 Printed Name: Printed Name: T4 r r STATE OF FLORIDA COUNTY OF PINELLAS CITY OF LEARWATER, FLORIDA By: c?•[?. ??"'?. William B. Horne II, City Manager Attest: Cynthia oudeau, City Clerk Q Co ? igned: + Frank V. Hibbard, Mayor ved as to For ?'0' Leslie K. Dougal - ides Assistant City Attor y The foregoing instrument was acknowledged before me this Sl..day of G=W 2009, b WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is y personally known to me or who , produced as identification. ,0„ AnneMade Wills o"yPub l ' ?PppYP? 4 . c COMMISSION SDD841107 PrintName: ` Q #n yi?o?r EXPIRES: NOV. 24, 2012 QI WWW.MRONNOJARY.com Exhibit A Legal Description Exhibit B Site Plan Exhibit C Evidence of Ownership (Deeds) Exhibit D Covenant regarding Hurricane Operation Exhibit E Covenant of Unified Use #496830 v6 - Hotel B DVA (Miovanri/Tropima) 15 Evacuation and Development, Use and EXHIBIT "A" Page 1 of 2 (Hotel B) Parcel No. Street Address Portion of 08/29115117604/000/0020 316 Hamden Drive 08/29/15117604/000/0030 326 Hamden Drive EXHIBIT "A" Page 2 of 2 HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot 1 A, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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 06145'36" W, 167.41 feet; thence N 83002'46" 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; 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. 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S NORT?ELEVATYON IgTE[EI Ep11E1 e•AF ,v1v ? ..7 F NOIl: EEE OJLM 0.'vanON SnEEi a/ PON PAM ANp O 1wtCRAA 6CLORi NOR' RFCOLOR ELEVATIpN 9N7F uAiERYN, OGlCfO i PT IM GAIN, AfA c G e O W W y rr Q y U vv a O H I? 0rma10 ? ? ? P T . wnwNe-n.n,fw ? III AO_EC IOO Iw 11ba E O ® ® 1 ® ® ® ({ rw lwl l IM49 18 ?1E ]] MIMI ? / (! in ® ®E9 ?® ®® ® @ 11 ?? r,allNl ? ao 000 ,EmoaN mrn _ . arwncaa ,wcuflr 8016•V'A 8oog 9' w1aAa+, -___._ _ _ . WEST ELEVATION•CORONAOOONIYfi NO/E NATEYfE COLOREIFVATIMSNEFT A/FORPAWTNN WAL CALMS IILT? ,ua1 I+'1P ^4 fl is 0 9 EXHIBIT C Evidence of Ownership (deeds) Agostino DiGiovanni, Franscesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust being the owners of Parcel 08/29/15/17604/000/0020 and Flamingo Bay Condominium Developers, LLC being the owner of Parcel 08/29/15/17604/000/0030 • • I# 2005300871 BK; 14494 PG: 2393, 08/01/2b05 at 03:34 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $27300,00 KEN BURKE, CLERK OF COURT PINELLAS- COUNTY, FL BY DEPUTY CLERK: CLKDMCI S 1• ` 1 . WXRRA N T Y D E E D /?.sb C, THIS WA;ROUV17Y DEED is given this day of0i 2005, by MANNA J. SHAH, an unreparned"widow, Individually, and as Surviving Trustee of the Shah Family Trust dated July i6,1-92; well as in her capacity as Trustee of the Marital Trust "A" and Decedent's Trust "B" unO'e(-* Shah Family Trust Agreement dated July 16, 1993 ("Grantor") to FLAMINGO BAY COl?74R?M DEVELOPERS, LLC, a Florida Limited Liability Company ("Grantee") %Wdress is 163 Bayside Drive, Clearwater, FL 33767 whose mafF I TXESSETH, that the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand paid by Grantees, the receipt and sufficiency of ,hereby acknowledged, has granted, bargained, and sold to the Grantees, and Grantees' :essors and assigns forever, the following real property, in Pinellas County, Florida, as follows: `.. The Southerly 45 feet of Lots 2 and 2A, and all ofLots 3, 3A, 4 and 4A, Columbia Subdivision No. 3, recorded in Plat Book 27, page 46, Public Records of Pinellas -'' County, Florida Parcel No. 08/29/15/17604/00010030 Together with, but without warranty, all riparian rights, rights of accretion and reliction and other water rights appurtenant to said property. TOGETHER with all of the tenements, hereditaments, and appurtenances thereto belonging or in any way appertaining, subject only to all easements, covenants, conditions, restrictions, reservations, and like matters of record, if any (provided, however, that this reference shalt not serve to reimpose same) and ad valorem taxes for the current year and all subsequent years; AND, the Grantor does hereby covenant with the Grantees that the Grantor is fully seized of the described real property in fee simple; that the Grantor has good right and lawful authority to sell and convey the described real property; that the described real property is free from encumbrances, except as indicated herein; that the Grantees shall have quiet possession of the described real property; that the Grantor will execute or procure any further necessary assurances of title to the described real property; and that the Grantor hereby fully warrants the title to APFWimYpt Douglas N. Menehise, P.A- 300 Turner Street Clearwater, F6 33756 0 a pINELLAS COUNTY FL OFF. REC. BK 14494 PG 2394 t t the described real property and,vill defend the same against the lawful claims of all persons whomsoever. ,r IN WITNESS WIEI OF, the Grantor has executed this deed as of the day and year first above written. Signed, sealed & IN* 1 in the presence of, \ 9TA 'lrli TE OF FLORIDA ) -, )ss. Clearwater 'COUNTY OF PJ[NELLAS) 4ivi J. Shah, an u arried widow, dually and as Surviving Trustee of The Shah Family Trust dated 7/16/1993, and Trustee of Marital Trust "A" and Decedent's Trust "B" Under the Shah Family Trust dated 7/16/1993 I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MANNA J. SHAH, O who is know to me or O"who produced LL o1 as identification and who executed the foregoing instrument and acknowledged before me the execution of the same. WITNESS my hand and official seal in the County d State last aforesaid this Ja'-_ day of , 2405_ NOTARY P uc My Commission Expires: ?? ? No{ery PuErc SIeM of Fbri4a Sardis L SWW io 'o" 31818 s ? E n ErrpYes OfiRS/2D08 R:\wp511CL1ertWHAHIWARRANTY DEED TO FLAMINGO BAY CONDOMINIUM. ? a 0 0 Ili: 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 PREPARED BY AND RETUIjTf"O?: n Stephen O. Cole, Esgtv:Y,p Macfarlane Fergusoq';??rloMullen ?. 625 Court Street, $4N4 200 Post Office Box 1.66;t•••03757) Clearwater, FlorW'U) 33756 WARRANTY D=D Tfi -.-. XNDENTURE made this P'day of December 2004, between JEDB`40tlRpORATIon INC., a Florida aosporation, of the County of Piii !Z1.)' , and the State of Florida, Party of the First Part, whose .:Ung address is 2919 West Bay Drive, Belleair Bluffs, Florida "74D, and JOHN CONTI, aRANCBSCO CKPIUC A and AGOSTINO DIGIOVANNI, r?? la}s Co-Trustees of TROPICANA RRSOR7 LAM 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 teal property described herein, Party of I the Second Part, whose mailing address is 1n(_3 /fts/ C-0 GL P1 3 3? . 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.D0) 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: SHE EXHIBIT "A" ATTACWW HXRETO AND HhDB A PART HEREOr. 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- 0 0 PINELLAS COUNTY FL OFF. REC. BK 33977 PG 910 .`,j , dower and right?..Q dower, reversion, remainder and easement thereto belongor in anywise appertaining. TO HAVE\.,`,A?(D TO HOLD the same in fee simple forever. And $11 said Party of the First Part does covenant with the said Pax b? the Second Part that it is lawfully seized of the said pzp?{9es, that it are free of all encumbrance, and that it has ,.`goad? right and lawful authority to sell the same; and that sgid-zP,`Orty of the First Part doth hereby fully warrant the title SL?cl.,?y?fd land, and will defend the same against the lawful claims of°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: JEDE CORPORATION, INC.', a Florid corporation i By. Pr' Name wa- „?. Deborah Well ;6 as President Print Name 5,Jg, r k_ 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, M to me personally known, ( J 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 haqPnd office' 1 seal at Clearwater, said county and state, this day of 2009 Not r P bli Print Name: My Commission Expires: [SEAL] .0pwdPro-4 SP &V C... -2- • PIMLLAS COUWTY FL OFF. REC. 8K 13977 PG 911 LJ ? Si.utatT ".. PARCEL 1: Lots 1 and lA, C0(.OMDIA BUDDIVT920N no. ]. according to p14C thofso[ recorded in Plat Book 27, pogo 46, Pub l:a Paoord2 or Plnellas'COtl0 1, PI.ri44, L¢SS,too. south 26.5 teat 0( aaid Lot IX; and 4120 1222 the follovlnq ..r- ' *d* Lo portnohichr saLot 1: id points I,, located12/.a7 feetMNorth est boun4ar7 ot'.& Lot along the\?`4i,Q7lino froo the Southueae cornchnsfestablisaedvr ronPtbancaf Said Lot Baginain, ,,87,,4 from the point of Deginaiaq Booth &-' * pnce of'2?.a7 toot to the SOUthva2t corner of said Lot of run tpgo -; 'Last along the south bounaa of 2si4 tat 1, 110 Logtl,aO ila deuthoaJt corner of 9aA Lot; rus thence North along the rAAe-.bp4h,f. 1 of said lot a distance of 26.5 feet; run thence want In a atrLSalitrline to the eatabll>hed point of beginainq. e t?l in Dlock A of COLUND/A He. 2 accord jug to the map or plat 42 racordod in plat book 2: Page 79 of too Public Records of Couaty, Florida. 0 9 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 BLAMER, CLERK OF COURT PINELLAS COUNTY, FL By DEPUTY CLERK: CLKRD25 4 DOC. ?. 5 o Doc. rtampM 6L to-- 1 TOTAL: ??? ^'? '•?. THIS WSTRUMENT WAS P°?(?f A Df BY AND, A3-IERRECORDIN0, R6tUR1J7Tk' David R. Punk, Esquire CARLTON FMLDS, P.A. 200 Central Avenue, Suite 200 ;' SI. Petersburg, Plaids 33jQ1,.,? (727) 921-7000 ', t•, > (727) 82I-3769 (PpcsirJgtc) Gramee'a TINf??"tJ? 9 rl Sll_ rib 73586001-0020 '. WARRANTY DEED 'PHIS WARRANTY DEED is given this A day of December, 2004, by ' ROS GALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER dDS TRUST AGREEMENT DATED MARCH 3, 1997, and STAMO G. GAL.LATSATOS, trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED ?pfARCH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida ?. 3767 (collectively "G") to AGOSTiNO DIGIOV'ANNI, 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 (" tee). WITNESSETH: THAT GRANTOR, for and in consideration of TEN AND NO1100THS DOLLARS ($10.00) and other good and valuable consideration, to Grantor in band 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 "'); 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, cbaracter, or description to or on the Pmperty, 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 "E" which is attached hereto and by this reference made a part hereof (collectively, the "Permitted Exceotions'); STPK3769ar:1 0 9 pINELLAs CO[INTY FL OFF. REC. BK 14004 PG 579 TO HAVE AND TO i6 W the same in fee simple forever, and GRANTOR hereby nants with Grantee that it is lawfully seized of the Property in fee simple; that it has g} righI. and lawful authority to sell and convey the property; that it hereby folly warrants t t'a41? 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 Exceptions. . This is kotafi*ial property and is not, nor has it ever been, the Homestead of the Grantor. X? :, first IN yV}7SS WHEREOF, Grantor has executed this Warranty Deed on the day and year A?? KOS GALIATSAT S, AS TRUSTEE OF THE ALEXANDROS GALIATSATOSINTER VIVOS TRUST AGREEMENT DATED MARCH 3,1997 % 30S Coronado Drive 1'r? Inaewl?tA«W'°t Clearwater, Florida 33767 _: STAMO G. GALIATSATOS, AS TRUSTEE OF THE STAMO GALIATSATOS R"'ER VIVOS TRUST AGREEMENT DATED MARCH 3,1997 305 Coronado Drive Clearwater, Florida 33767 sTM769ax.1 2 Sol 06 P000si- (Print name legibly on this line) PINELLAS COUNTY FL OfT. REC. BK 14004 PG 579 STATE OF FLORIDA )' ;1 COUNTY OF PINFLLAS? Q, pmwfit was acknowledged before me this -14- day of. aA- 3 The foregoing iPsto 2004, by ALEXANDRgkd IATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER vivOS TRUSTAUMEMBNT DATED MARCH 3, 1997 individu v the Trust. He is pea?sartally known to me or has produced e) driver's li? no. fv 4;2- r109 -!k'-0-94-0 as identification. My Comrgiss3oxpires_ NOTARY PUBLIC (Sign e) /.iR%AGK i7"l vr?,t (Printed Name) ..?r STATE OF FLORIDA COUNTY OF ?fNELLAS (Title or Rank) (Serial Number, if any) The foregoing instrument was acknowledged before me this _ day of 2004, by STAMO G. 0ALIATSATOS, as Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGRBEMENT DATED MARCH 3, 1997, individually a i To e trust. She is personally known to me or has produced ?F'I,,4-- ( driver's license no (}A-3L- qb? 0 as identification. My Commission Expires. an r-?,Aad NOTARY P LIC (Si n? (Printed Name) (Title or Rank) (Serial Number, if any) s WS76992.1 • PSNLLLAS COUNTY FL OFF: REC. UK 14004 PG 580 i EXHIBIT "A^ r }dal Descr p-don oUronerty Lots 1 and 2, Block A, VO1j. RaIA 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. i /?V 1 ST"575962.1 4 pZNDLLAg COUNTY FL OFF. REC. HK 14004 PG 581 ?. ' EXHIBY,"Ir Permitted Exceptions 1, Taxes for the Mr a1 5, and all subsequent years, which are not yet due and payable. 2. Matters on, kt Sm-mad in Plat Book 21, Page 79, ofthe Public Records ofPinellas County, Florida. , 3. Figbts,,af t?*ts and possession under. verbal leases. 4. DeglaT*N of Unity of Title recorded in Official Records Book 9849, beginning at Page 292, of th0!q is Records of Pinellas County, Florida. 5. . Mgh& of the United States Government and/or the State of Florida arising under the Unij4*S es Government control over navigable waters and the inalienable rights of the State of Flora i rn the lands or water of similar character, as to any part of the Property which is sp6tp4g?d beneath navigable waters or maybe artificially filled in land in what was formerly liabi&ble waters, and any accretions thereto. 0 • I#: 20MO19958 BK: 14067 PG: 1895, 01/18/2005 at 03:14 PH. RECORDING 2 PAGES •$18.50 D DOC STAMP COLLECTION $15400.00 KEN BURL, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK; CLKDMC3 S ? I WARRANTY DEED THIS 1((tQliFtd4NTY DEED made the .? day of January, 2005, by SEACOVE PARTNERglHI1 Illinois General Partnership, hereinafter called the grantor, to AGOSTloo,bidlOVANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co- Trust jtrq Tropicana Resat Land Trust, with full power and authority to deal in and with 916 p bperty or any interest therein including full power and authority to protect, cons.66t ; still, lease, encumber, develop, manage or dispose of the property, including all ' f povi kF* upder FS689.071(1), whose mailing address is 163 Bayway Drive, Clearwater, FL 3;t67TL4einafter called the grantees: ,WITNESSETH: That the grantor, for and in consideration of the sum of TEN $i6,00) DOLLARS and other valuable considerations, receipt whereof is hereby T, $b%-ilowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and '746firms unto the grantees, 911 that certain lard 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 seated the day and year first above written. Signed, seated and delivered in our presence: SEACOVE PARTNERSHIP, an Illinois General Partnership Prin ?T e? Roberson General Partner t: ?y L a? By: Print er 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. Notary Pu MUM TO: Prepared by: Cvtb JEFM C. OCM, ESQUIRE MroOMS J -r Rq EM 501 S. Ft. Harrison Ave., $206 14Zp67 10 Mearwater, FL 33756 0 0 PINELLAS COUNTY FL OFF. REC_ BK 14067 PG 1896 ?l ti't? 7 PARCEL NO. 1: Lot 4 in B1oi kA.ai.COLUMBIA SUBDIVISION NO- 2, according to the map or plat thereof rcgdr&0dd Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. • t-' X ;.,*2 •attd 2-A, COLUMBIA SUBDIVISION NO. 3, LESS the Southerly 45 feet thereof; at#i WW'part of Lot I in COLUUMBIA SUBDIVISION NO. 3, described as follows: Begin &,a 0oint in the West boundary of said lot, which said point is located 24.87 feet North along /• •., ?atAne from the Southwest comer of said lot for a Point of Beginning: and from the Point ?. v?,Beginning thus established, run thence South a distance of 24.87 feet to the Southwest t homer of said lot; run thence East Wong the South boundary of said lot a distance of 110 feet !/to the Southeast corner of said lot; mu thence North Tong 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 COLUMBIA SUBDIVISION N0.3, .? according to the map or ptat thereof recorded in Plat Book 27, Page 46, of the Public Records ?•.` of Pinellas County, Florida. 1E41IEIT "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 and Flamingo Bay Condominium Developers, LLC, a Florida limited liability company (collectively, "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 11 • sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 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 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 2 • said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as 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. 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] 0 9 rN WITNESS WHEREOF, Developer has caused this Declaration 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: Printed Name: John Conti, as Co-Trustee of the Tropicana Resort Land Trust FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company Printed Name: Bv: Agostino DiGiovanni President Printed Name: CITY O CLEARWATER, FLORIDA By: Printed Name: William B. Horne Il, City Manager Printed Name: Attest. 4 • • E. Goudeau, City Clerk V. Hibbard, Mayor STATE OF FLORIDA COUNTY OF PINELLAS ve as For Leslie K. Dougal -S' 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: 9 9 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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: 6 SCHEDULE A HOTEL "B" Lots 1, 2, 3, 4,2A, 3A, 4A and the Southerly 8.60 feet of Lot IA, 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. LESS AND EXCEPT That part of said Lots l and 2, 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; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07008'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 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, Z 10.00 feet to the Point of Beginning. The parcel contains 35,730.06 square feet or 0.820 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 Tropicana Resort Motels, LLC, a Florida limited liability company ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units 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: Printed Name: Printed Name: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company By: Agostino DiGiovanni President 2 Printed Name: Printed Name: • CITY OF CLEARWATER, FLORIDA By: 1! ge'- C William B. Horne II, City Manager V. Hibbard, Mayor 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: A v o Fo Leslie K. Dougal L4e Assistant City Attorn 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 1 2009, by Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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 thisa4ay ofW 009, by LLW B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who _ produced as identification. F,?wYP.o4, AnneMarle Wills try u 110MMISBIONODD841107 Pri tName: l 9y+ a EXPIRES: NOV. 24, 2012 NWW&-b ' nra•`` WWW.AARMNOTARYmm 4 0 0 SCHEDULE A HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot 1A, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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; 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. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. : H/3 Of 01 DEVELOPMENT AGREEMENT (Hotel B - 316 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 and FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company (collectively, "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 0.820 acre 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 118 overnight accommodation units, pool, and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 118 units, which includes 79 units from the available Hotel Density Reserve; 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; 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 FLD2009-08027 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 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2 The Property is owned in fee simple by Developer. Such ownership is evidenced by copies of deeds included as Exhibit C. 3.3 The Property is generally located at 316 Hamden Drive (including 326 and 330 Hamden Drive and a portion of 316 Hamden Drive), as more particularly described in Exhibit A. SECTION 4. Scope of Proi ect 4.1 The Project shall consist of no more than 118 overnight accommodation units, as defined by the Community Development Code. Such rooms may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. 4.2 The Project shall include 120 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08027. 4.3 The proposed density of the Project is 149.44 rooms per acre; the proposed height of the building, as defined by Code, is 84 feet to the top of the roof deck and 99.5 feet to the top of the architectural embellishment; the Project includes 1,335 square feet of non- accessory retail sales use, at a Floor Area Ratio (FAR) of 0.037 (based on total lot area); and the Project includes approximately 1,060 square feet of accessory use to the hotel, pursuant to the Project plans shown on Exhibit "B" and approved by FLD 2009-08027. 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 design of the project, as represented in Exhibit B, is consistent with Beach by Design, except as otherwise shown on Exhibit B. 4.6 The Project shall comply with the Metropolitan Planning 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 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- 08027, including any conditions. Specifically, Developer acknowledges the FLD2009- 08027 condition of approval that the hotel located at 300 Hamden Drive under FLD2009- 08026/DVA2009-00002 must receive its Certificate of Occupancy prior to the City issuing a Certificate of Occupancy for this Project. 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 FLD2009-08027 and Code Section 4-407. The 4 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. 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. 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 hotel rooms as 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 the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title.suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to 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 2009-08027. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-08027 and in accordance with Paragraph 6.1.3.2, or if any units of the Project 0- - 0 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 month or thirty-one 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 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 79 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. 0 - .0 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 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: 11:1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 7 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not. relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement. shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust; and . Flamingo Bay Condominium Developers, LLC 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. 9 SECTION 16. Covenant of Cooperation deal with each other in good faith and assist provisions of this Agreement and in achieving Property. • . The parties shall cooperate with and each other in the performance of the the completion of development of the SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or.conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto. pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or 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. 10 SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City 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 Printed Name: . Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS E Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust 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 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: 13 • Printed Name: Printed Name: • FLAMINGO BAY CONDOMINIUM . DEVELOPERS, LLC, a Florida limited liability company By: Agostino DiGiovanni President STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this-day of , 2009, by Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He : is . personally known to me or has produced as identification.. Notary Public Print Name: 14 CITY OF CLEARWATER, FLORIDA By: Printed Name: William B. Horne II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me or who _ produced as identification. Notary Public Print Name: Exhibit A 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 4496830 v6 - Hotel B DVA (diGiovanni/Tropicana) 15 EXHIBIT "A" Page 1 of 2 (Hotel B) Parcel No. Street Address Portion of 08129/15/17604/000/0020 316 Hamden Drive 08/29/15/17604/000/0030 326 Hamden Drive 0 0 EXHIBIT "A" Page 2 of 2 HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot IA, 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. LESS AND EXCEPT That part of said Lots 1 and 2, described as follows: Commence at the Northeast comer of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the 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; 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. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. • • EXHIBIT B Site Plan j 4wo rs >. e• 7MM ''-r?-f'':? 4000 P5 mm WAT E PUM LONO O OM L A AWMY W r -r M=k allIURF "U F?JW , A* "W AOCESOWY /E7 AM SEUMOM flE Mt IOflW 10 M MOM TO I?t,? ova, CDJ3pNAlsD DRIVE - .'l;17i ?. :i -:;a!._p-•---.;.-•-;-n::!.Tr-i!i.°-'-?;;:::'iieiEif`?!r,'. '.',.4.?44e'I ;I:; S?i:!i:•;? ii i?i!.iii::<!!i?'?Ili;l!i! !i!IiS-b!?'Ti::?:.!:: ?.: ,.fi iii pp ? j; Nil. ii.!i:? !iSit:z,!i,;•.iriilli:;'4C;:!::??!? ;E? HciSil:iEA? !i?i t?'•.?`E':!: vri::.I!iit!r;3 i`r?.? . i qPM 1 Ei' F[? Vi :.,! ?'?l i ?? '? I.,f•'3'h •,11!;y.:i:ly:..: !,:`3j! ` ? r $ r HOTEL I : A EL 0 s' 6 . . r - o-r Mtx ? - _ t1iFJ _ 5 gb a..t?. :< NANDEN DRNE NE5 Comm.: 0877 ew.a.eer x.a. Issue Ogle: OSH8/08 Rev' ion: x J ? N $? W gz c0 Gg c ?x ~ aR g N gaa d l1A &?? sax LU F .4 IB a vl z ?xc C., v W z ^Q xx? co C3.1 Spanish Tile Roof Body Color 2 (BC-2) Base Color 2 (BA-2) Reds and Gray-Browns SW 6387 Compatible Cream SW 7562 Roman Column Metal Awnings - PAC-Clad Bur und Body Color 1 (BC-1) White SW 6658 W l Base Color 1 TA-1) ? SW 6336 Copper Mountain g y e come • • a y u r a FR El, a... / T t ® ?rT'1' 1 L1.iL G^ ^1 71- ' wn axaw SWIENg-S' BW kV'A' EAST ELEVATION --MOEN OR- T ?,,,y ecwc,m i..N?s?. n:run rnm.cmaau ..1-17114 u d' O W Q Z Q U CL O H 0 amos,o its 1?OGrOBER 2000 GROW DLVE1 PLAN A1.0 BRA iwv?.r?.a.11132%rl r 0.Yr,Yi.i.A,0.1 f A'ar. r:ll,i:R'i A A'l6u01)ul w -2 O Z fy N O o w U LJJ a W z = a a U a O cc H r? ?J 16 OCT0 RM19 IEV,A1 RAN All fi.-\ rnn. cel.rnv A AYfiVaIi Vi • J w C0 L Nh LL 0 w Q Z Q U a 0 F- L_J • o.. ? olaEOe,o T6 OCTOBER 1003 d., L E 7 fARRMG 6 POOL A1.2 ,.•.a, n. azni ^i R'r?..9).iFiRi f R1n.4l.!VYM1? R.\'14Up1iV? Ll J W F- 0 H O U) w a z a U CL O 0 nimos9o 9e acTOaea mos LEAH I "0' AND -ENM A1.3 BP: - ?n'?I:II' - Ix'I?•?illtltY I.v.;xvh h 1t'/?I ?li.ill.:l).4U:i AAY4U01 i O1 0 J W F- O 7- F- X O w Q Z Q O a O F- PROJECTIOG OIGI.dltO 1tl OCTOBER NW lE?!LS:E IlplEl AlA BP:` ???uv?Uanli.%'1 ' 10.P?.v).i.3{A{ rAae ce?.utx5 AA26UUIJ11? • 0 J W F- 0 H O U) W Q Z Q U a O H PROJECT LOG M.-D 180CTOBER 100P LEIRS 24 IUNS A2 • • Iwlur- Ix+Lrn Inz ,? RinyJ.iR1R1 I'R'?Ll:ll.tr!li A.{yru1H)Ol Cl) J W O H O cn W Q Z Q U 0- 0 H ? weFm zoxn FIFVAilON1 ,EASTELEVATION-H-D-DRIVE NOTF 511-8 ELEVATION SMRET-ITA^m r11? aWe.r? NATFRAL woo scnc .w A3 ?1NORTH ELEVATION • 3110 STREET WidinO'B' BuildWg'A' • 0 IW, MtORx . n rvw.eo r<ru ww[n hx ... : .. ® ' ' A ED :.. :' ED ?.w ' Nw? oEw. F CBS ?ED 3 1B m 3 . _ r (B E3 E9 E9 - pig; Law x e..wro - o..:ro Iw x u.. a o...ro .ero ....: r.s.N ro x I..ex e..ey B«,o. ,rNew _ - ue n?.ww r...Al w. Arm. rrvrx m Buibing'A' ua I.tt aAOA. cwwx BVibirq'B• HuNeirp'B' Bu11EIng'A' /SOUTH ELEVATION .xv NOTE: SEE COLOR ELEVATION SHEET A7 FOR PNNT AND Av:TEW COLORS I.xE.+ m I x.?:rm 7 NORTH ELEVATION HOTEL B NOTE:$CC COLOR ELEVATION SHEET Ae FOR PNNT AND NATERVa COLORS ew•cwaa> . INe?A /-• „FENE„ •?P / / •wvleesemwvns t le..r .er+ ? 1B ® m E9 [B '. IB M - in ® Tru ®® S r«+L w r T T - W Lsc .rvl,rn.e ® ® ® L E31 E9 F9 ® ® ®E3 ® W { 1 re.NS Nw El .. .,; ED ? ® ® __ 1B [B ?? EB 01 .. ?? ® ® / S 3 a - m 91 m E9 , El m E3 E3 FR EM3 III MM 1 nm Ee.xs wF A :t V .. n . uf[CIX01. IA.ICwnB, Bulbing'A' Bulbing •9 w, caoAa /? x , `WEST ELEVATION •C-011 OIRIVE a.rm NOTE SEE COLOR ELEVATION SHEEx AT FOR PAINT MO -T.MAL LOLOFS iflFt?? ac,,,E.,.+.a "i BP: leruu.a. Il TL%\I I AN.!)x,iP IAi I'A'.El:l'rAr'Sli AAM01Jee N J W H C0 G 9 0 I NW LL Q 3 i Z Q U CL 0 m PROJECT LOG r , mGtosla le OCTOBER 3009 EIEVATON$ A4 I EXHIBIT C Evidence of Ownership (deeds) Agostino DiGiovanni, Franscesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust being the owners of Parcel 08/29/15/17604/000/0020 and Flamingo Bay Condominium Developers, LLC being the owner of Parcel 08/29/ 15/ 17604/000/003 0 • LJ I#`: 2005300871 BK: 14494 PG: 2393, 08/01/2D05 at 03:34 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $27300.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMCI iS 'o. W A---R R A N T Y D E E D /?-sp THIS WA?k]2 ITY DEED is given this IS? day ofQ?, 2005, by MANNA 7. SHAH, an unremairie widow, Individually, and as Surviving Trustee of the Shah Family Trust dated July 16,,199;s well as in her capacity as Trustee of the Marital Trust "A" and Decedent's Trust "B" untle(`tg'Shah Family Trust Agreement dated July 16, 1993 ("Grantor") to FLAMINGO BAY CON,Dp IIUM DEVELOPERS, I1-C, a Florida Limited Liability Company ("Grantee") whose maS a 'address is 163 Bayside Drive, Clearwater, FL 33767 ? ]NESSETH, that the Grantor, for and inconsideration of Ten Dollars ($10.00) and other ?aluable consideration to Grantor in hand paid by Grantees,. the receipt and sufficiency of ,hereby acknowledged, has granted, bargained, and sold to the Grantees, and Grantees' :essors and assigns forever, the following real property, in Pinellas County, Florida, as follows: L The Southerly 45 feet of Lots 2 and 2A, and all of Lots 3, 3A, 4 and 4A, Columbia Subdivision No. 3, recorded in Plat Book 27, page 46, Public Records of Pinellas County, Florida Parcel No. 08/29/15/17604/000/0030 Together with, but without warranty, all riparian rights, rights of accretion and reliction and other water rights appurtenant to said property. TOGETHER with all of the tenements, heredi taments, and appurtenances thereto belonging or in any way appertaining, subject only to all easements, covenants, conditions, restrictions, reservations, and like matters of record, if any (provided, however, that this reference shall not serve to reimpose same) and ad valorem taxes for the current year.and all subsequent years; AND, the Grantor does hereby covenant with the Grantees that the Grantor is fully seized of the described real property in fee simple; that the Grantor has good right and lawful authority to sell and convey the described real property; that the described real property is free from encumbrances, except as indicated herein; that the Grantees shall have quiet possession of. the described. real property; that the Grantor will execute or procure any further necessary assurances of title to the described real property; and that the Grantor hereby fully warrants the title to IIpi?¦Ire; Douglas N. Menchise, P.A. 300 Turner Street Clearwater, PL 33756 0 1 0 PINELLAS COUNTY FL OFF. REC. BK 14494 PG 2394 tz ? the described real property ;A?d.;gih defend the same against the lawful claims of all persons whomsoever. IN WITNESS WI, '40F, the Grantor has executed this deed as of the day and year first above written. Signed, sealed & deliv' y t in the presence qf:` ti S L j. µS J 4\ §TATE OF FLORIDA ) )ss. Clearwater )COUNTY OF PNEILLAS) M a J. Shah, an unr arried widow, Individually and as Surviving Trustee of The Shah Family Trust dated 7/16/1993, and Trustee of Marital Trust "A" and Decedent's Trust "B" Under the Shah Family Trust dated 7/16/1993 I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MANNA J. SHAH, ? who is know to me or 2-who produced a and c, mj,- as identification and who executed the foregoing instrument and acknowledged before me the execution of the same. WITNESS my hand and official seal in the County d State last aforesaid this JLL- day of (?pi4jg,,P- , 2005. NOTARY PUBLIC My Commission Expires: W. wV Notary Public State of Florida c?/, Sandra L Smid o RAwp51\CLIENTSISHAMWARRANTY DEED TO FLAMINGO BAY CONDOMINIUM. ?'+ d'°' ? ???? ?31g18 a n Expires 06/2512009 0 0 IA': 2004470137 BK: 33977 PG: 909, 12/02/2004 at 05:35 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $24850.00 KARLEEN F. DE BLAMER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: .CLKDM03 PREPARED BY AND RETURM"TO?.: rU? Stephen 0. Cole, Esquire Macfarlane Fergusogl ±'` r,Mullen 625 Court Street, ??40 200 Post Office Box 1b--(33757) Clearwater, Floruda;33756 WARRANTY DEED its`} T4 14?-,"?NDENTURE made this eday of December 2004, between ?i JEDE`,,d0RpORATION INC., a Florida corporation, of the County of Pirig~1,14b, and the State of Florida, Party of the First Part, whose #IEt?rlfig. address is 2919 West Bay Drive, Belleair Bluffs, Florida < 33770, and JOHN CONTIFRANCESCO CARRIERA and AGOSTINO DIGIOVANNI, r'•?1 ?1?Bps• 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 the Second Part, whose mailing address is 1>0 ? GL?A???. ?G 336 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 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- PINELLAS COUNTY FL OFF. REC. BK 13977 PG 910 • i; dower and rigbtt?, C ,gf dower, reversion, remainder and easement thereto belong-in-9i` r in anywise appertaining. TO HAVt,`FifD TO HOLD the same in fee simple forever. And Oe'said Party of the First Part does covenant with the said Par. the Second Part that it is lawfully seized of the said pr in{.es, that it are free of all encumbrance, and that it has,.,"., right and lawful authority to sell the same; and that sai8z??'rty of the First Part doth hereby fully warrant the title ?tck,Old land, and will defend the same against the lawful claims y* t `?~o 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 By. Pr' Name Lrr: W Deborah Well as President Print Name C D. Cdc 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, N to me personally known, [ J 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-and offi ' 1 seal at Clearwater, said County and State, this _r_ day of 2004. Nat r PubIi Print Name: My Commission Expires: [SEAL] „ j PWRWP A _ .-2- PINELLAS COUNTY FL OFF. REC. BK 13977 PG 911 . ( ?' exnloll ,. PARCEL 1: Lots 1 and 1A, CDLDlfBIA SUDDIVISION No. 3, according to plat thereof recorded in Plat Book 27, page 46, Public Recordsof Pinellas county, Florida: LEO§,,tOe, South 26:5 feet of said Lot IA; And 41SO less the following de9c:3}ied portion of Lot 1: Begin at A Point in the most boundary o "4-.Ad Lot 1, which said point is- located 21.a7 foot North along tha`\s;•iQ?line from the Southwest corner Of said LotedorruaPoint of Deginninq,ti`and from the point of Deginninq thus south a..? lance of 24.87 teat to the Southwest corner of said Lot 1; run tp'q?c2 Fast along the mouth boundary of said Lot 1, a distance of 119 Eegt),dP the Southeast corner of said Lot; run thence North along the Eas oShdery of said lot a distance of 26.5 feet; run thence West is a x. .e na3dhC'line to the established point of beginning. a (3) in Dlock A of COLUNDIA No. 2 according to the map or plat as racordod in Plat Doak 21 Pago 79 of the Publ-'c Records of County, Florida. • 21!:.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 tt Recording 444.60 Da, stamps: [?417 Int. tax: TOTAL: THIS INSTRUMENT WAS P??FpFA?LED 8Y AND, AFTER RECORDING, REPU1tW W. David R. Pwrzak, Esquire ` CARLTON FIELDS, P.A.-, _ 200 Central Avenue, Suis 2306 St. Petersburg, Fbrid? 33761, (727) 82)-7000 (727) 822-3769 (Facsirllile)"r WARRANTY DEED ??? 1`IIIS WARRANTY DEED is given this 14- day of December, 2004, by ? X ROS GALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER UST AGREEMENT DATED MARCH 3, 1997, and STAMO G. GALIATSATOS, -1,k-,Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida - ? ,'33767 (collectively "Grantor') to AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA, and "+ JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with full power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or otherwise manage and dispose of the real property described herein, including all those powers as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive, Clearwater, Florida 33767 ("Grantee'). 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 "Property'); 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 `13" which is attached hereto and by this reference made a part hereof (collectively, the "Permitted Exceptions'); STIV576992:1 • PINELLAS COUNTY FL OFF. REC. BK 14004 PG 578 C] TO HAVE AND TO 1461 D the same in fee simple forever, and GRANTOR herebjC?ov¢nants with Grantee that it is ]awfully seized of the Property in fee simple; that it has 4 right and lawful authority to sell and convey the Property; that it hereby fully warrants Q,61? to the Property and will defend the same against the lawful claims of all persons whomsoe and that the Property is free .of all encumbrances, except for the Permitted Exceptignij, This is cro pWcial property and is not, nor has it ever been, the Homestead of the Grantor. ' IN W?77SS WHEREOF, Grantor has executed this Warranty Deed on the day and year first above .i-G4,, SES;, J4fi?4 (Sign is ' e Z / (Print gi n tl '' ine) ?gn on is line) -his-t?. RrBt??s' (Print name legibly on this line). 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 Srrx576992.1 • PINELLAS COUNTY FL OFF. REC. BK 14004 PG 579 • STATE OF FLORIDA :.) COUNTY OF PINELLAS'•--)I The foregoing iustrtt -n t was acknowledged before me this L day of 2004, by ALEXANDRgF Q. JATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER VIVOS TRUS 7A6kEEMENT DATED MARCH 3, 1997 individua n the Trust. He is pejson}411y known to me or has produced te) driver's license no. N VD- rb t z?-W-_0'84 -D as identification. MY Comrrlt'ss`sip xpires: + ?. NOTARY PUBLIC jSigpn C) rryCM 155fON #Do03= ?F AE'A'860 ftW2%ZW (Printed Name) ewe nwxe.? v?ud...,. •;\_. V' 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 agd-off e e A.A= (Sla1 driver's license no Trust. She is personally known to me or has produced _F (?A -'t$D=31- IQ - 0 as identification. My Commission Expires: $?ARY SEAL) STM576982.1 i MYpO ?1 ?? • r ?rrro?? C-4ma4 NOTARY P LIC (SigXviqA (Printed Name) (Title or Rank) (Serial Number, if any) • PIMLLAS COUNTY FL OFF. REC. BK 14004 PG 580 t E)CMIT "A" jImal Desertion of Property Lots 1 and 2, Block A,04LfiMBIA SUB. NO. 2, according to the map or plat thereof as recorded in Plat Book 2I;•Page 791 of the Public Records of Pinellas County, Florida. \ t,1 • ST"5769M PINELLAS COUNTY FL OFF. REC. BK 14004 PG 581 t? EXHIBIT"B" Permitted Exceptions 1 ; Yi J! I . Taxes for the ye 2b-P5, and all subsequent years, which are not yet due and payable. 2. Matters on Pat recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida. ,ti ,. 3. Rights•+bl;ti?ionts and possession under verbal leases. 4. DectlaFa(,§ of Unity of Title recorded in Official Records Book 9849, beginning at Page 292, of the-Pab1j6 Records of Pinellas County, Florida. 5. RiplYof the United States Government and/or the State of Florida arising under the Unijed;Sxaies Government control over navigable waters and the inalienable rights of the State of Florida an the lands or water of similar character, as to any part of the Property which is spbmi~ d beneath navigable waters or maybe artificially filled in land in what was formerly *? iOle waters, and any accretions thereto. S7PN576M.1 0 0 Ill: 20(%5019858 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 16fARF3ANTY DEED made the A day of January, 2005, by SEACOVE PARTNER?ljll ?\-an Illinois General Partnership, hereinafter called the grantor; to AGOSTINO,61dIOVANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co- Trustees bf the Tropicana Resort Land Trust, with full power and authority to deal in and with the `p(operty or any interest therein including full power and authority to protect, conse,'q,46u, lease, encumber, develop, manage or dispose of the property, including all pow4rs under FS689.071(1). whose mailing address is 163 Bayway Drive, Clearwater, FL 33`[67?ereinafter called the grantees: WITNESSETH: That the grantor, for and in consideration of the sum of TEN . {10;00) DOLLARS and other valuable considerations, receipt whereof is hereby ,1--air nowtedged, hereby grants, bargains, sells, aliens, remises, releases, conveys and t ?eonfirms 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, 20D4. 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 _ By Print: ? 1e L. oberson, enera Partner t!?0 rrJ By: Print: Paul J. bscheid, Genera artnP er - STATE OF FLORIDA COUNTY OF PINELLAS . I HEREBY.CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared EARLE L. ROBERSON and PAUL J. HOBSCHEID, General Partners of SEACOVE PARTNERSHIP, an Illinois General Partnership, who are personally known to me or who produced driver's licenses as identification. They acknowledge that they executed the foregoing Warranty Deed for an on behalf of said partnershi WITNESS my hand and seal in the County and State last aforesaid this day of January, 2005. Notary Pubf REM TO: prepared by: cow Sol s JEFM C. CDBB, Harrison Ave., Mrc0M+n i oM4M&: D?1RE8 501 S: F t. HarYi337 #206 S,pb,? 14 2W7 Clearwater, FL 33756 NOfpTM" "0ifaxc PTNELI.AS COUNTY FL OFF. REC: BK 14067 PG 1896 Z ?f c t a` r•?? ? 4 3 `Lm f, s 1 k 1 s PARCEL NO.1: Lot 4 in Bloclf`kACOLUMBIA SUBDIVISION NO.2, according to the map or plat thereof rccdrde(Kin Plat Book 21, Page 74, of the Public Records of Pinellas County, Florida. PAltW0: 2: s.? Ld 2-A, COLUMBIA SUBDIVISION NO. 3, LESS the Southerly 45 feet thereof; part of Lot I in COULUMBIA SUBDIVISION NO. 3, described as follows: Begin r`;*,q point in the West boundary of said lot,. which said point is located 24.87 feet North along gaid°line from the Southwest corner of said lot for a Point of Beginning; and from the Point - `i•otBeginning thus established, run thence South a distance of 24.87 feet to the Southwest ?_`t corner of said lot; run thence East along the South boundary of said lot a distance of 110 feet ??. i• to the Southeast comer of said lot; run thence North along the East boundary of said of 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 COLUMBIA 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. ESHIBIT "A" • 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 and Flamingo Bay Condominium Developers, LLC, a Florida limited liability company (collectively, "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 0 . 0 sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 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 ImRrovements 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 2 0 0 said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build . the project ("Project") and Developer's commencement of construction of the Project, as 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. 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: Printed Name: Agostino DiGiovanni, as Co-Trustee of the Tropicana Resort Land Trust Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Printed Name: Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust John Conti, as Co-Trustee of the Tropicana Resort Land Trust FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company By: Agostino DiGiovanni President CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: 4 • STATE OF FLORIDA COUNTY OF PINELLAS • 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: 5 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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: 6 0 0 SCHEDULE A HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot 1A, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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'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; 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. The parcel contains 35,730.06 square feet or 0.820 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 & 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 Tropicana Resort Motels, LLC, a Florida limited liability company ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the' sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units 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: Printed Name: Printed Name: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company By: Agostino DiGiovanni President 2 0 0 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 Jo me or has produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS Notary Public Print Name: The foregoing instrument was acknowledged before me this_day of , 2009, by Francesco Carriera, as Co-Trustee of the Tropicana Resort Land Trust, who is personally known to me or has produced as identification. Notary Public Print Name: 3 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by John Conti, as Co-Trustee of the Tropicana Resort Land Trust, who is _ personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He is _ personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is _ personally known to me. or who produced as identification. Notary Public Print Name: 4 SCHEDULE A HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot IA, 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. LESS AND EXCEPT That part of said Lots 1 and 2, 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°5714" 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; 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. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. (0 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. 09-39 - Case No. DVA2009-00003 - 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 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 and Flamingo Bay Condominium Developers, LLC (the property owners) and the City of Clearwater, providing for the allocation of 79 units from the Hotel Density Reserve established in Beach by Design and adopt Resolution No 09-39. SUMMARY: ¦ The 0.82 acres is located on the west side of Hamden Drive approximately 200 feet south of Third Street. The subject property is being modified from its platted and developed property lines to accommodate the proposed development and will have approximately 312 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 B) and the adjacent hotel under FLD2009-08026/DVA2009-00002 at 300 Hamden Drive (Hotel A). The subject property is currently developed with an 18-unit motel. This site was also previously developed with a 12-unit motel at 326 Hamden Drive and a 20-unit motel at 330.Hamden ;, Drive. These two motels were demolished in early 2009 and this area is currently, used as a temporary parking lot. The proposal is for an overnight accommodation use of a total of 118 units (149.44 units/acre on net lot acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335 square feet (0.037 FAR based on original lot square footage) and approximately 1,060 square feet of accessory use to the hotel at a height of 84 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 118- unit hotel with associated amenities (FLD2009-08027). 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 79 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 (DVA2009-00003). S: IPlanning DepartmentlCD BIFLEX (FLD)IPending cases)Up for the next CDBIDVA2009-00003 -Hamden 316 Hotel B (T) 2009.xx - 12.17.09 CC - WWIHamden 316 Hotel B DVA Summaryfor 12.17.09 CC.doc 0 0 RESOLUTION NO. 09-39 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 AND FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC; 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 and Flamingo Bay Condominium Developers, LLC; 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 and Flamingo Bay Condominium Developers, LLC, 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of , 2009. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution No. 09-39 Wells, Wayne 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. i 09-03.doc 09-04.doc 09-38.doc 09-399..d oc 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 t ? Ai CDB Meeting Date: November 17, 2009 Case Number: DVA2009-00003 (Related to FLD2009-08027; and FLD2009- 08026/DVA2009-00002 and FLD2009-09036) Agenda Item: E.2. (Related to D.2.; and D.1., D.3. and E.1.) Owners: John Conti, Francesco Carriera, Agostino DeGiovanni as Co-Trustees of Tropicana Resort Land Trust; and Flamingo Bay Condominium Developers, LLC Applicant: Tropicana Resort Motels, LLC Representative: E.D. Armstrong 111, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 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 and Flamingo Bay Condominium Developers, LLC (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: 18-room motel and temporary parking lot Proposed Use: Overnight accommodation use of a total of 118 rooms (149.44 rooms/acre on net lot acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335 square feet (0.037 FAR for retail sales use based on total lot area) and approximately 1,060 square feet of accessory use to the hotel at a height of 84 feet (to flat roof deck) Community Development Board- November 17, 2009 DVA2009-00003 - Page I of 4 0 0 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 0.82 acres is located on the west side of Hamden Drive approximately 200 feet south of Third Street. The subject property is currently developed with a 18-room motel. This site was previously developed with a 12-unit motel at 326 Hamden Drive and a 20-unit motel at 330 Hamden Drive. These two motels were demolished in early 2009 and this area is currently used as a temporary parking lot. Development Proposal: The development proposal includes a companion Flexible Development application (FLD2009- 08027) to permit an overnight accommodation use of a total of 118 rooms (149.44 rooms/acre on net lot acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335 square feet (0.037 FAR for retail sales use based on total lot area) and approximately 1,060 square feet of accessory use to the hotel at a height of 84 feet (to flat roof deck). This proposed hotel (Hotel B) is joined to another hotel (Hotel A, 300 Hamden Drive, FLD2009-08026/DVA2009-00002) through three levels of parking and an amenity deck on the fourth level. There are 120 parking spaces on the Hotel B 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 79 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 79 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 DVA2009-00003 - Page 2 of 4 0 0 ? 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 0.82 acres is located on the west side of Hamden Drive approximately 200 feet south of Third Street; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning 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 (FLD2009-08027); Community Development Board- November 17, 2009 DVA2009-00003 - Page 3 of 4 0 0 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 and Flamingo Bay Condominium Developers, LLC (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 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 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 casesl Up for the next CDBIDVA2009-00003 -Hamden 316 Hotel B (T) 2009.xx - 11. 17.09 CDB - WWWamden 316 Hotel B DVA Staff Report for 11. 17.09 CDB.doc Community Development Board- November 17, 2009 DVA2009-00003 - Page 4 of 4 V-1 DEVELOPMENT AGREEMENT C (Hotel B - 316 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 and FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company (collectively, "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"). RPCTTAT C• 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 0.820 acre 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 118 overnight accommodation units, pool, and a parking garage, generally conforming to the architectural elevation dimensions shown in composite Exhibit B. WHEREAS, upon completion the planned hotel will contain 118 units, which includes 79 units from the available Hotel Density Reserve; 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; 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 FLD2009-08027 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 in fee simple by Developer. Such evidence is evidenced by copies of deeds included as Exhibit C. 3.3 The Property is generally located at 316 Hamden Drive (including 326 and 330 Hamden Drive and a portion of 316 Hamden Drive), as more particularly described in Exhibit A. SECTION 4. Scope of Proi ect 4.1 The Project shall consist of no more than 118 overnight accommodation units, as defined by the Community Development Code. Such rooms may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. 4.2 The Project shall include 120 parking spaces, as shown on the plans in Exhibit B and approved pursuant to FLD 2009-08027. 4.3 The proposed density of the Project is 149.44 rooms per acre. The proposed height of the building, as defined by Code, is 84 feet to the top of the roof deck and 99.5 feet to the top of the architectural embellishment. 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 design of the project, as represented in Exhibit B, is consistent with Beach by Design, except as otherwise shown on Exhibit B. 4.6 The Project shall comply with the Metropolitan Planning 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 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- 08027, 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 FLD2009-08027 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 4 frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement.. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "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. 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 hotel rooms as 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 the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to 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 2009-08027. In the event this Agreement is terminated pursuant to Section 10 of this Agreement or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the 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. 5 6.1.6 Transient Use. Occupancy in all overnight accommodation units from the Hotel Density Reserve is limited to a term of one month or thirty-one consecutive days, whichever is less. Nothing herein shall prevent the sale of units, in which event, a purchaser of a fractional share unit may own a period of time greater than thirty-one (31) days. 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 79 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. 6 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 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. 7 0 0 SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Agostino DiGiovanni, Francesco Carriera and John Conti, as Co-Trustees of the Tropicana Resort Land Trust; and Flamingo Bay Condominium Developers, LLC 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. 8 r • 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. 9 0 0 SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or 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. 10 0 • SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City 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: Printed Name: Francesco Camera, 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: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company Agostino DiGiovanni President I1 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 thisday 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 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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 #496830 v3 - Hotel B DVA (diGriovanri/Tropicana) 13 0 0 EXHIBIT A Legal Description of Project Site EXHIBIT B Site Plan • • 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 and Flamingo Bay Condominium Developers, LLC, a Florida limited liability company (collectively, "Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-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 2 0 0 said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as 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 IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this , day of 2009. WITNESSES: 4 Printed Name: Printed Name: 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 FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company Agostino DiGiovanni President CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager Attest: 4 0 0 Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of , 2009, by 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: 5 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, "a Florida limited liability company, on behalf of the company. He 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: 6 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 Tropicana Resort Motels, LLC, a Florida limited liability company ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units 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: Printed Name: Printed Name: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company By- Agostino DiGiovanni President 2 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. 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 Agostino DiGiovanni, as President of Flamingo Bay Condominium Developers, LLC, a Florida limited liability company, on behalf of the company. He 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: 4 SCHEDULE A Wells, 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 Attachments: Hotel B DVA (diGriovanniTropicana)_v3.DOC; Hotel A DVA (diGiovanniTropicana)_v5.DOC FYI 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.DougaI[-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 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 ,1 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 From: Katie Cole [mailto:Katiec@jpfirlWom] 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: KatieCole 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 10conditions Associated With DVA2009-00003 316 HAMDEN DR Zoning Condition Wayne Wells, AICP 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". 727-562-4504 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: 10/22/2009 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: 10/22/2009 CaseConditons Page 2 of 2 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. Dougall-Sides@myClearwater.com [mailto:Leslie. Dougall-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 ?i. VA 0 0 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 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 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 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 109 S McMullen 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 aff irm 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 v 0 0 Wells, Wayne From: Hersh, Jim Sent: Wednesday, October 21, 2009 8:27 AM To: Wells, Wayne Subject: RE: Map Request for FLD2009-08027/DVA2009-00003, 316 Hamden Drive Sorry about that. Lots of maps with that case. Im EXIST D2009-08027.d From: Wells, Wayne Sent: Tuesday, October 20, 2009 5:40 PM To: Hersh, Jim Subject: Map Request for FLD2009-08027/DVA2009-00003, 316 Hamden Drive Jim - There are two. location maps below. The "Exist" is a "Loc" map. Could you send me the "Exist" map? Thanks. Wayne From: Hersh, Jim Sent: Tuesday, October 20, 2009 2:32 PM To: Wells,. Wayne Subject: RE: Map Request for FLD2009-08027/DVA2009-00003, 316 Hamden Drive << File: Map Request Form.docx >> << File: AERIAL FLD2009-08027.doc >> << File: EXIST FLD2009-08027.doc >> << File: LOC FLD2009-08027.doc >> << File: ZON FLD2009-08027.doc >> From: Wells, Wayne Sent: Monday, September 14, 2009 8:00 AM To: Hersh, Jim Cc: Herman, Jason Subject: Map Request for FLD2009-08027/DVA2009-00003, 316 Hamden Drive Jim - Attached is a map request for Cases FLD2009-08027/DVA2009-00003 for the property at 316 Hamden Drive (there are other addresses, but this is the main address we are using). Please note that this we are referring to Hotel B and I am attaching a legal description for that portion of the overall survey that is for Hotel B 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 - 1 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 >> 0 • • Wells, Wayne From: Hersh, Jim Sent: Tuesday, October 20, 2009 2:32 PM To: Wells, Wayne Subject: RE: Map Request for FLD2009-08027/DVA2009-00003, 316 Hamden Drive R?-? M KI In Map Request AERIAL EXIST LOC ZON Form.docx D2009-08027.dD2009-08027.dD2009-08027.dD2009-08027.d From: Wells, Wayne Sent: Monday, September 14, 2009 8:00 AM To: Hersh, Jim Cc: Herman, Jason Subject: Map Request for FLD2009-08027/DVA2009-00003, 316 Hamden Drive Jim - Attached is a map request for Cases FLD2009-08027/DVA2009-00003 for the property at 316 Hamden Drive (there are other addresses, but this is the main address we are using). Please note that this we are referring to Hotel B and I am attaching a legal description for that portion of the overall survey that is for Hotel B•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). Lwill 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 << File: Map Request Form.docx >> 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, September 14, 2009 8:00 AM To: Hersh, Jim Cc: Herman, Jason Subject: Map Request for FLD2009-08027/DVA2009-00003, 316 Hamden Drive Jim - Attached is a map request for Cases FLD2009-08027/DVA2009-00003 for the property at 316 Hamden Drive (there are other addresses, but this is the main address we are using). Please note that this we are referring to Hotel B and I am attaching a legal description for that portion of the overall survey that is for Hotel B 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 A % , 1'30 pm Case Number: DVA2009-000 - 316 HAMDEN DR 40 Owner(s): Tropicana Resort Land Trust lu C/O Di iovanni Agostino Tre Clearwater, 17133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Owner(s): Flamingo By Condominium Developers 300 Hamden Drive Clearwater, 17133767-2448 Clearwater, TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Ed Armstrong 911 Chestnut Street Clearwater, 17133756 TELEPHONE: 727-461-1818, FAX: 727-462-0365, E-MAIL: eda@jpfirm.com Location: 0.82 ACRES LOCATED ON THE WEST SIDE OF HAMDEN DRIVE APPROXIMATELY 200 FEET SOUTH OF THIRD STREET 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 and Flamingo Bay Condominium Developers, LLC (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 FLD2009-08027) 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, Planner III ; Attendees Included: CITY: WAYNE WELLS, ROBERT TEFFT, SCOTT RICE, STEVE:.DOHERTY, ELLIOT SHOBERG, JIM KELLER, TOM GLENN, RICK ALBEE APPLICANT: ED ARMSTRONG, JAYNE SEARS, ROBERT PERGOLIZZI, RENEE RUGGIERO, RON BELKO, RON LETIZE, JORDAN BEHAR, GUS DIGIOVANNI, ISTVAN PETERANECZ The DRC reviewed this application with the following comments: 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 29 DRC Action Agmda I.I ' 1 . Revise or address Se following: 0 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. 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 other 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 owns 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 DVA and referenced in the other in the language re parking-sharing [see previous comment]. o. 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: I . No issues Solid Waste: 1 . No issues. Traffic Engineering: 1 . No issues. Planning: Development Review Agenda - Thursday, September 3, 2009 - Page 30 DRC Aoi- Agenda 1.1 J' 1 . Add a new Section The proposed height of the building is !t 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 "FLD2009-08027". 4. Section 3.3 - Revise the general location address to "316 Hamden Drive (including 326 and 330 Hamden Drive and a portion of 316 Hamden Drive)". 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. Page 2 - Fourth Whereas =Revise "FLD2009- " to FLD2009-08027". 7. 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 No more than 25:% of overnight accommodation units shall-have full kitchens. Such kitchens shall be-limited to 1huse units.. identified. on. the plans in Exhibit "B" as "suites" and shall not be located in any unit received. from.the. Hotel Density Reserve. 8. Section 6.13:1 - Fourth: line - Revise the FLD case number to "FLD2009-08027". ; 9. Page 1 - Sixth Whereas - Revise in line 5 "garage with parking spaces" to "garage". 10. Section 5.1 - Last line - Revise from "4-606G.2" to "4-606.G. 2". 11 . Section 6.1.3.2 - Second line - Revise to remove the following "in accordance with the approved development order for FLD2009-08027 and". 12. Revise Section 4.3 to 4.6 and Section 4.4 to 4.7. 13. Section 6.1.5 - In Lines 7 and 14 revise the FLD number to "FLD2009-08027". 14. 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." 15 . Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 16. Page 11 - Revise the City Manager's name to "William B. Horne II". 17. Exhibit A - Revise legal description due to site area/density issue for Hotel B. 18. Exhibit B - When inserting the site plan, ensure the floor plans and elevations are included. 19. Exhibit D, Page 4 - Revise the City Manager's name to "William B. Horne II". 20. Exhibit E, Page 3 - Revise the City Manager's name to "William B. Horne 11". 21 . 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 31 DRC Action Agmda I.1 22. Exhibit D, Section& - Replace this Section with the following: "Went 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." 23 . 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 32 DRC Action Agmda I.I • 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 a I ? . • (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 2 • 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. to the 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. Pagel -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: r , 4.3 The design of the ProlCf;, as represented in Exhibit B, shall includQursuant 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, AICP 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 >> 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. 4.21 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. 1 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 r? r • 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, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 a 1 1.30 pm Case Number: DVA2009-000- 316 HAMDEN DR . ' Owner(s): Tropicana Resort Land Trust C/O Digiovanni, Agostino Tre's Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email AC Representative: Ed Armstrong 911 Chestnut Street C**1%W46n4*' Clearwater, Fl 33756 TELEPHONE: 727-461-1818, FAX: 727-462-0365, E-MAIL: eda@jpfirm.com Location: 0.82 ACRES LOCATED ON THE WEST SIDE OF HAMDEN DRIVE APPROXIMATELY 200 FEET SOUTH OF THIRD STREET 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 and Flamingo Bay Condominium Developers, LLC (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 FLD2009-08027) 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, 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, RON BELKO The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1 , 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: 1 . No issues Solid Waste: 1 . No issues. Traffic Engineering: 1 . No issues. Development Review Agenda - Thursday, September 3, 2009 - Page 29 DRC Am- Ag.da I.1 Planning: . • 1 . Add a new Section "4.3 The proposed height of the building is _ feet 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 "FLD2009-08027". 4. Section 3.3 - Revise the general location address to "316 Hamden Drive (including 326 and 330 Hamden Drive and a portion of 316 Hamden Drive)". 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. Page 2 - Fourth Whereas - Revise "FLD2009- " to FLD2009-08027". 7. 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 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." 8. Section 6.1.3.1 - Fourth line - Revise the FLD case number to "FLD2009-08027". 9. Page 1 - Sixth Whereas - Revise in line 5 "garage with parking spaces" to "garage". 10. Section 5.1 - Last line - Revise from "4-606G.2" to "4-606.G. 2". 11 . Section 6.1.3.2 - Second line - Revise to remove the following "in accordance with the approved development order for FLD2009-08027 and". 12. Revise Section 4.3 to 4.6 and Section 4.4 to 4.7. 13 . Section 6.1.5 - In Lines 7 and 14 revise the FLD number to "FLD2009-08027". 14. 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." 15 . Page 1 of the application - Fill in the Parcel Size (acreage and square feet). 16. Page 11 - Revise the City Manager's name to "William B. Horne II". 17. Exhibit A - Revise legal description due to site area/density issue for Hotel B. 18. Exhibit B - When inserting the site plan, ensure the floor plans and elevations are included. 19. Exhibit D, Page 4 - Revise the City Manager's name to "William B. Horne II". 20. Exhibit E, Page 3 - Revise the City Manager's name to "William B. Horne II". Development Review Agenda - Thursday, September 3, 2009 - Page 30 DRC Action Agmda 1.1 21 . Page 4 - Section 6.0 - Line 6 - The following has been added fro 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). 22. 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." 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 31 DRC Action Agmd, 1.1 4 rrupeny tAppraiSCr UCnerai 1111 L1011 rage, i or 4 Interactive iVlar) of this Sales Hack to Ouery New Ja\-C011Moi Home QiestinrL"Coninient about this parcel QlEry_ Results Search Pale pale 08-29-15-17604-000-0020 Por1abL1ty Data Current as of August 18, 2009 Print I_n prov.enlent.Value. Ca_lc_ulator [2:57 pm Monday August 24] - per F.S. 553.844 Ownership/Mailing Address TROPICANA RESORT LAND TRUST C/O DIGIOVANNI, AGOSTINO THE 300 HAMDEN DR CLEARWATER FL 33767-2448 Site Address 316 HAMDEN DR CLEARWATER 33767 erty_lise_ 3913 (Hotels and Motels (49 units or less)) Living Units: 0 Prop [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 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 Satre Out- Year Hornes Ca I) 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 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 [click here to hide] Value History Assessed Value/ SOH Cap $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 County -TaYab.lc._Va.luc:. $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 $chool Taxable Vah1e $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 Ivlunlclpal Ta.xaihle `''al>:r.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/general.php?pn=152908176040000020&sn=0&idTool=true&aerFla... 8/24/2009 2009 Value Information (PRELIMINARY) Save-Our- Just`%,l_arket Assessed Value:' County School MUllicipa Il Year Taxable `al_ue Taxable, Value Taxable Value .TOmes_Cap Value SOH Ca.p 2009 No $1,100,000 $1,100,000 $1,100,000 $1,100,000 $1,100,000 Property Appraiser General lnto?tion • Page 2 of 4 1996 No $517,700 $517,700 $517,700 N/A N/A 2008 Tax Information Ranked Sales See all transactions Current Tax Bill Tax District: CW Sale Date Book/Page Price /U V Total Millage: 20.3578 18 Jan 2005 14067 / 1895 $2,200,000 U I Non Advalorem $0.00 16 Feb 1994 08568 / 0722 $1,050,000 U I Assessments: Nov 1982 05423 / 1573 $550,000 Q Taxes: $25,447.26 1980 05004 / 0431 $385,000 Q 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.mor,..e information. Seawall: No Land Information Frontage: Bay View: Land Use Land Size Unit Value Units M:ethod 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 No 1-Puildi-nig "rawing Availlao-1ble Building 1 Sub Area Information http://www.pcpao.org/gencral.php?pn=152908176040000020&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser General lnt- tion Page 3 of 4 Description Building Finished.. Et2 Gross Area Ft'' Factor Effective Ft2 Base 6,375 6,375 1.00 6,375 Ohen._Porc}. 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 11 Description Issue Date Estimated Value CA3853307 DOCK' 24 Jan 2008 $0 200707594 ROOF 05 Se 2007 $8,500 [- RM3047901 DOCK 31 Au 2001 $0 Radius erials: 2007 Color - ransparencY0 5 i _.__._---.. (feet):' 37 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 Mat) http://www.pcpao.org/general.php?pn=l 52908176040000020&sn=O&IdTool=true&aerFla... 8/24/2009 Property Appraiser General lnlootion • Page 4 of 4 http://www.pcpao.org/general.php?pn=152908176040000020&sn=0&idTool=true&aerFla... 8/24/2009 Int_erac.ti? e_.I1ap of this Sales Back to Query New Tax Collector Home Qgtn6orv'Comment about...this parcel Query. Results Search Pale. page " Welcome to VDB on the Web 5 l 50 m i 100 ft / j Aerial a } 'Iftntfiy Foot Photography: 2007 Color Transparency (0.0-fi--5 II Theme Descri'Dtion II is is the default set. It has no data ers, just linework. All of the map ers are black. 1 a `;fit i ? * 4 a • Page 1 of 1 http://vdb.pcpao.org/vdb.php 8/24/2009 Property Appraiser Ueneral lntootion Page 1 of 5 i lz teiacti.ve_liap ofthis S Ies Back. to Query Ne?w 'Fax Collector Home Question Commetit about this.. pac.e.l. Query. Results Search page. page 08-29-15-17604-000-0030 PortaUrl_ty Data Current as of August 18, 2009 lnlproven;lent_Vala Calculator [3:04 pm Monday August 24] Paint per F.S. 553.844 Ownership/Mailing Address Site Address First Building) FLAMINGO BAY CONDO 326 HAMDEN DR CLEARWATER 33767 DEVELOPERSLLC 300 HAMDEN DR Jum to building: CLEARWATER FL 33767-2448 ?1) 326 HAMDEN DR CLEARWATER 33767 'Property .._L Use 3913 (Hotels and Motels (49 units or less)) Living Units: 12 [click here to hide] Legal Description COLUMBIA SUB NO. 3 LOTS 3,3A, S'LY 45 FT LOTS 2 & 2A & LOTS 4 & 4A & RIP RTS 20.09.._.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 Comparison 11 Census Tract Plat Book/Page 14494/2393 Sales Quer 11 121030260023 027/046 Year 2009 Save-Our- Hornes_Cap No 2009 Value Information (PRELIMINARY) Just`Market Assessed Value./ County School Value SOH Cap Taxable Value Taxablc,_Value $1,600,000 $1,600,000 $1,600,000 $1,600,000 Muiiicrpa....l, Taxable Value $1,600,000 [click here to hide] Value History Year Save-Our- Just/market Assessed Value/ County School Taxable Municipal Homes Cap Value SOH Cap Taxable Value Value 'T'axable Value 2008 No $1,800,000 $1,800,000 $1,800,000 $1,800,000 $1,800,000 2007 No $2,230,000 $2,230,000 $2,230,000 N/A $2,230,000 2006 No $2,745,800 $2,745,800 $2,745,800 N/A $2,745,800 2005 Yes $1,767,200 $1,601,500 $1,576,500 N/A $1,576,500 2004 Yes $1,275,000 $1,193,400 $1,168,400 N/A $1,168,400 2003 Yes $1,075,000 $1,026,700 $1,001,700 N/A $1,001,700 2002 Yes $1,025,000 $982,300 $957,300 N/A $957,300 2001 Yes $1,027,200 $1,003,600 $978,600 N/A $978,600 2000 Yes $883,200 $870,400 $845,400 N/A N/A 1999 Yes $803,300 $790,800 $765,800 N/A N/A 1998 Yes $722,500 $722,500 $697,500 N/A N/A 1997 Yes $731,000 $731,000 $706,000 N/A N/A 1996 Yes $731,000 $731,000 $706,000 N/A N/A 2008 Tax Information 1 1 Ranked Sales See all transactions http://www.pcpao.org/general.php?pn=152908176040000030&sn=0&idTool=true&aerFla... 8/24/2009 Property Appraiser C7eneral l t tion • rage L of 5 (of CLin-cnt Tax Bill Tax District: - -------- - CW Total Millage: 20.3578 Non Advalorem $0.00 Assessments: Taxes: $36,644.04 Taxes without any $36,644.04 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 Sale Date 01 Aug 2005 26 Sep 1989 Aug 1984 Oct 1982 Apr 1981 Land Information Frontage: Bay Book/Page 14494 / 2393 07095 / 1062 05834 / 0520 05408 / 1997 05169 / 2160 Price $3,900,000 $850,000 $242,930 $855,000 $850,000 View: Q/_U VI U I U I U U Q Land Use Land Size Unit Value Units Method Hotels And Motels (39) 194x110 50.00 21536.0000 SF [click here to hide] Building 1 Structural Elements Back to T_op Site Address: 326 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: 2 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 54 Year Built: 1954 Effective Age: 25 Cooling: None BAS 24 r s i BA'''S }' 2e Qpen_plot_in_ New Window 24 °2 s .!JS Building 1 Sub Area Information Description Building Fi_nished_FtZ Gross ossArea Ft2 Factor Fffective Ft2 http://www.pcpao.org/general.php?pn=152908176040000030&sn=0&idTool=true&aerFla... 8/24/2009 ;Yroperty Appraiser C.ieneral Into 6ion • Page s of i Base 3,504 3,504 1.00 3,504 Open Porch 0 1,778 0.30 534 Uppal tory 3,672- 3,672 0.90 3,305 Total Building finished SF: 7,176 Total Gross SF: 8,954 Total Effective SF: 7,343 [click here to hide] Building 2 Structural Elements Back to Top Site Address: 330 HAMDEN DR CLEARWATER 33767 Quality: Average Recreation: Foundaton: Continuous Footing Floor System: None Exterior Wall: Concrete Block Roof Frame: Flat Roof Cover: Built BAS 25 215 USB z5 Up/Composition Stories: 2 F; 21 -2-----r Floor Finish: Carpet n, OPF u. 11; ; 10 Combination OPH Interior Finish: Dry Wall Fixtures: 24 Year Built: 1952 Effective Age: 25 Cooling: None Operj__plot_i_n Ne«- W*ndow Building 2 Sub Area Information Description Building Finished Ft2 Gross Area Ft2 Factor Effective Ft 2 Base 1,575 1,575 1.00 1,575 Open Pprch 0 1,128 0.30 338 Upper_ Story_ 1,575 1,575 0.90 1,418 Total Building finished SF: 3,150 Total Gross SF: 4,278 Total Effective SF: 3,331 [click here to hide] Extra Features Description Dimensions Value/Unit Units Total NewValue Depreciated Value Year ASPHALT 3000 $1.75 3,000.00 $5,250.00 $5,250.00 0 PATIO/DECK 571SF $6.00 571.00 $3,426.00 $1,370.00 1970 DOCK 530SF $40.00 530.00 $21,200.00 $12,720.00 1970 POOL 695SF $30,000.00 1.00 $30,000.00 $12,000.00 1970 ASPHALT 1500 $1.75 1,500.00 $2,625.00 $2,625.00 0 http://www.pcpao.org/general.php?pn=l 52908176040000030&sn=0&idTool=true&aerF la... 8/24/2009 Property Appraiser General Into tion . Page 4 of 5 (6 f PATIO/DECK 630SF $6.00 630.00 $3,780.00 $3,024.00 1952 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 Description Issue Date Estimated Value BCP2008-12226 DEMOLITION 19 Dec 2008 $14 000 , BCP2008-12224 DEMOLITION 19 Dec 2008 $12,000 BCP2008-11269 UNKNOWN - RESEARCH NEEDED 1 1 19 Nov 200811 $300 BCP2008-11268 UNKNOWN - RESEARCH NEEDED 19 Nov 2008 $300 Radius erials:2007 Color ransparency: 0.5 ^_ (feet):' 627 1 ---- 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. fo r Ctl ck here _ Interacti?_e _Ylap http://www.pcpao.org/general.php?pn=l 5 290817604000003 0&sn=0&i dTool=true&aerFla... 8/24/2009 . . Property Appraiser (7eneral lntootion • Page 5 of 5 http://www.pcpao.org/general.php?pn=l 52908176040000030&sn=0&i dTool=true&aerFl a... 8/24/2009 Interactive A,lap of this Sales Back _tO Query New Tax___Collectp? Home Quest??n Cc?mment_about...tI i-Js parcel Query Results. Sege. Pale pale Welcome to VDB on the Web r SO M } 'ft - M Yehoo?Z(SO4,Oata NMTFQ2CG9; ?.'? - iiid.5i:' - sx? s ?IC?ntNy •TooL Aerial Photography: 2007 Color F` Transparency (0.0- 1 - f. 1.0) l Theme Description his is the default set. It has no data layers, just linework. All of the map la ers are black. Page 1 of 1 (0 3 €7 ? I 1 1 ; r i A i • b ? t „. 7 1 t x"' f 1 http://vdb.pcpao.org/vdb.php 8/24/2009 s• 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; and Flamingo Bay Condominium Developers, LLC. for portions of property located at 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 Hamden Drive) legally described as 08/29/15/17604/000/0020 and 08/29/15/17604/000/0030.,(DVA2009z00003y- _?7 The Development Agreement will allow an overnight accommodation use of a total of 118 rooms (149.44 rooms/acre on net lot acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335 square feet (0.037 FAR for retail sales use based on total lot area) and approximately 1,060 square feet of accessory use to the hotel at a height of 84 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 cases: FLD2009-08027, FLD2009-08026/DVA2009-00002, 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 & 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.comNiewPubiisher.r)hr)?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 11/7/09 NbTICE OF PI OUP CHANGE TO A PREVIOU AgROVED D EL MENT OF REGIONAL IMPAR PARK PLACE Applicant: Subject Property: Glenborough Park Place LLC 17-29-16, M&B 23.11 400 S El Camino Real #1100 430 Park Place Boulevard San Mateo, CA 94402-1706 The Community Development Board of the City of Clearwater, Florida, will hold a public hearing on Tuesday, November 17, 2009, beginning at 1:00 p.m., in the City Commission Chambers, 3`d floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida, to consider the following request: To amend the previously approved development order for the Park Place Development of Regional Impact (DRI) through the Notification of Proposed Change (NOPC) process to adopt a land use conversion factor for Parcel 7 for the conversion of retail commercial development to office development; allocate a total of 55,278 square feet of approved retail commercial development potential to Parcel 7; allocate a total of 10,200 square feet of retail commercial development potential to Parcel 9; and recognize the extension of the build-out and termination dates of the DRI until December 31, 2011. ORDINANCE NO. 8128-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 3205-83, AS AMENDED BY ORDINANCE NO. 3287-83, ORDINANCE NO. 5142-91, ORDINANCE NO. 5722-95, ORDINANCE NO. 6107-96, ORDINANCE NO. 6678-01, AND ORDINANCE NO. 7215-03, A DEVELOPMENT ORDER ISSUED PURSUANT TO CHAPTER 380, FLORIDA STATUTES, FOR PARK PLACE, A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW; INCORPORATING A REVISED MAP H/MASTER DEVELOPMENT PLAN; PROVIDING A CONVERSION FACTOR FOR RETAIL AND OFFICE DEVELOPMENT IN PARCEL 7; ALLOCATING RETAIL DEVELOPMENT TO PARCEL 7; ADDING RETAIL DEVELOPMENT TO PARCEL 9; EXTENDING THE BUILDOUT DATE AND TERMINATION DATE PURSUANT TO SECTION 380.06(19)(C), FLORIDA STATUTES; DETERMINING THAT SAID AMENDMENTS ARE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE. (insert map here) Additional information is available in the Planning and Development Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida. Citizens may be heard or file written notice of approval or objection with the Planning and Development Department Director or the City Clerk prior to or during the public hearing. Florida Statute 286.01505 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person taking an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Cynthia E. Goudeau, MMC City Clerk Ad: 11/7/09 z FLD2009-0900261$027, 09036%DVA2 00 9-( 110 DEVON DR LLC 2120 RANGE RD BADERTSCHER, JAMES R CLEARWATER FL 33765 - 2125 BADERTSCHER, DARLENE J 121 DEVON DR CLEARWATER FL 33767 - 2439 10002-,_670- 0002; 6076 BASKIN, H H EST OW ENS, W D EST 516 N FT HARRISON AVE 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 0 0 • 0 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 LONG, JAY K LUCCA DEVELOPMENT LLC 1734 CASEY JONES CT 125 BRIGHTWATER DR # 2 16132 ARMISTEAD CLEARWATER FL 33765 - 1701 CLEARWATER FL 33767 - 2430 ODESSA FL 33556 - LUCCA DEVELOPMENT LLC M 3 B DEVELOPMENT LLC MAKRYLLOS, KATHERINE T 9011 S NATOMAAVE 1951 BRIGHTWATERS BLVD NE OLIVE, WILLIAM R JR OAK LAWN IL 60453 - 1466 ST PETERSBURG FL 33704 - 120 BRIGHTWATER DR # 5 CLEARWATER FL 33767 - 2442 MALKE, ROBERT E MARKS, IRWIN J MAZUR, JAN MALKE, TERESA L MARKS, DAWN D MAZUR, JANINA PO BOX 2124 115 BRIGHTWATER DR 216 HAMDEN DR LARGO FL 33779 - 2124 CLEARWATER FL 33767 - 2402 CLEARWATER FL 33767 - 2446 MC LENDON, ERIC MILO INVESTMENTS LLC NIERENGARTEN, WARREN BRADLEY MC LENDON, KAREN 4 AMBLESIDE DR NIERENGARTEN, BRYAN ALAN 125 BRIGHTWATER DR # 6 BELLEAIR FL 33756 - 1910 500 OSCEOLA AVE N # 203 CLEARWATER FL 33767 - 2430 CLEARWATER FL 33755 - 3934 NINI, RICHARD PALMTOPPER CONDO ASSN INC PANOS, STEVE S NINI, MEGAN 110 BRIGHTWATER DR # 4 PANOS, FILITSA 7638 DEVINS RIDGE CLEARWATER FL 33767 - 2401 109 DEVON DR CLARKSTON MI 48348 - 4351 CLEARWATER FL 33767 - 2439 PAPPAS, ANASTASIA PATEL, PANKAJ LIVING TRUST PRESTON, MICHAEL G THE PAPPAS, TOM 130 BRIGHTWATER DR # 9 419 EASTSHORE DR 115 DEVON DR CLEARWATER FL 33767 - 2453 CLEARWATER FL 33767 - 2028 CLEARWATER FL 33767 - 2439 QUINN, ANN E R T V PROPERTIES INC RICE, SIMEON J 225 HAMDEN DR 331 CORONADO DR I M G CENTER CLEARWATER FL 33767 - 2497 CLEARWATER FL 33767 - 2433 1360 E 9TH ST STE 100 CLEVELAND OH 44114 - 1730 ROSE, MANUEL S ROSS, WILLIAM A III RUDMAN, MIRKO ROSE, SUSAN J ROSS, DORIS H RUDMAN, ANKA 120 BRIGHTWATER DR # 2 125 DEVON DR 217 CORONADO DR CLEARWATER FL 33767 - 2442 CLEARWATER FL 33767 - 2439 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 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 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 TRACEY, ISABELLA S TROPICANA RESORT LAND TRUST 135 DEVON DR 300 HAMDEN DR CLEARWATER FL 33767 - 2439 CLEARWATER FL 33767 - 2448 VENDITTO, CARLO M VENDITTO, ENRICA M 124 DEVON DR CLEARWATER FL 33767 WANIO, TATIANA A 14 GRENVIEW BLVD N TORONTO, ONTARIO M08X 2K1 -2438 00001- CANADA WILLIAMS, EUGENE C WILLIAMS, LYNNE M 130 BRIGHTWATER DR # 8 CLEARWATER FL 33767 - 2453 CLEARWATER BEACH ASSOCIATION JAY KEYES, PRESIDENT 100 DEVON DR. CLEARWATER, FL 33767 A • s Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, November 09, 2009 10:03 AM To: Wells, Wayne Subject: DiGiovanni - DVA2009-00003 (Hotel B) Attachments: Hamden3.jpg; Hamden2.jpg Attached for your file are photos of the sign posted at 316 Hamden on Friday, 11/6/09. 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 ¦II? _ BCNr'::•?,?:. NOTICE:' a ( r'f s??sE? , f{iM Mon v,.:, tit, ,C lys A?7?7?r.+ j i .Alll 1 s A iR qq'. y, as ... Fi R . ..??. - ?.?4y, -,?a?;r -^.ar 4 .c 1y;; r711 ?'•A^ V„?d?_ ? r?.?'! '?# _ ?s? ?`c..:?.? ? spa ,ti.?a• ??,? ? '?d?Y ? ' . A, a WWI# ? pJ I?'T y a?'f YA,•fx '4f ri•v` ? ? r PP 1 n` 0 0 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 # DVA2009-00003 (Hotel B) Sign Posting Acknowledgement I hereby acknowledge receiving a notification sign to post on the subject property (one on Hamden Drive) that is undergoing a request for <a Development Agreement and will post the provided sign on the subject property so that it is readable from Hamden Drive a minimum of 10 days before the CDB Public Hearing. TO i-t AI s o n01 Pope, r?" & J&Yme- C. Sears f1 &' O Prin Name 2-e? vt A-3!5 ,r Date Sign Na Public Hearing Date: CDB: 11-17-2009 Posting Date - No Later Than: 11-6-2009 CC: 12-17-2009 11-6-2009