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FLS2007-05023
• 'Clearwater �U� Zo7- 0 511, Planning Department CASE #: 100 South Myrtle Avenue RECEIVED BY (staff initials): Clearwater, Florida 33756 DATE RECEIVED: Telephone: 727- 562 -4567 Fax: 727-562-4865 f ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled, and folded into sets ❑ SUBMIT FIRE PRELIMARY SITE PLAN: $200.00 ❑ SUBMIT APPLICATION FEE $ Jose Andrew Gonzalez, AIA, NCARB Principal 32 Gast Bay St reel, Savannah, Georgia 31401 r (912) 201 -9888, Fa .x (912) 201 -0240 2720A North Roosevelt Blvd. Key \1'cit, Florida 33040 + (305) 294 -3748, Fax (305) 294 -8217 http: //N ww.gonzalcz- architccts.com * GA 09834 * FL AA2305 * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PI FLEXIBLE STANDARD DEVELOPMENT APPLICATION (Revised 04/24/2007) PLEASE TYPE OR PRINT— A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: RTY OWNER(S): List ALL owners on the deed M -31 2.a'i.&&WWW^.1Yt EMAIL: AGENT NAME: K4f. o_. r.... 6......._.._✓.....__. _...._......__L......Bruttir._� MAILING ADDRESS: ............................ ... _... .............C�...L..Q[{�,llLta PHONE NUMBER: ��'1_ x 1 7 FAX NUMBER: CELL NUMBER: EMAIL: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: }_ j_. jt'..._.__5o_rb- PROJECT VALUATION: $ STREET ADDRESS aQQ_�aA�aI.A �s_n•,,- /- �.,r�_r�a AWE- -` e_k!_ , PARCEL NUMBER(S): PARCEL SIZE (acres): PARCEL SIZE (square feet LEGAL DESCRIPTION: -_fir rf► s V kS BfaG qtr c►Jrfce oV to ei W PROPOSED USE(S): DESCRIPTION OF REQUEST: _.._._P,�,�_. .�e�...._r-- e- n.��r�n�.e►_.._ rrrr�- c >�.�.� *te._.._._._._.�...__P� -e Specifically identify the request (include number of units or square _ ........ _ .............. ............................................... _ .... .............. ........._....... .................. _ .......... -- ............. .............._........_. ........ _ .......... ...................... ....................._ �otage of non - residential use and all quested code deviations; e.g. reductionin required number of ---._.__..._..._....... _.- .......... __......___._._..... _-_- ......... .- ....... ......... _..___.___.___ ....... __:.____._._._.__....._.._ parking spaces, specific use, etc.) S: \Planning Department\Application Forms \Development Review\2007 Forms \Flexible Standard Development (FLS) Page 1 of 7 11 I o CITY OF CLEARWATER DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES ^ NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) ❑ SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) ❑ Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA— Explain how each criteria is achieved, In detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it Is located. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 14. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation Impacts, on adjacent properties. CADowments and SetdngsWerek.fergusonlLocal SettingsUempomry Internet FdeM0LK3881Fletdb1e Standard Development (FLS) 2006.doc ORIGINAL Page 2 of 7 RECEIVED k,-4 0 8 2007 PLANNING DEPARTMENT CITY OF CLEARWATER WRITTEIJ SUBMITTAL REQUIREMENTS: (Flexibility Criteria) ❑ Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) — Explain how each criteria is achieved, in detail: E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4- 202.A.21) ❑ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. • At a minimum, the STORMWATER PLAN shall include the following; • Existing topography extending 50 feet beyond all property lines; ❑ Proposed grading including finished floor elevations of all structures; ❑ All adjacent streets and municipal storm systems; ❑ Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; • A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. • Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; ❑ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ❑ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ❑ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included s tormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor evations shall be provided. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) • SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 copies; • 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 and indicating trees to be removed) — please design around the existing trees; ❑ TREE INVENTORY; prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; ❑ LOCATION MAP OF THE PROPERTY; ❑ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ❑ GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required (Note: Building pen-nits will not be issued until evidence of recording a final plat is provided); COPY OF RECORDED PLAT, as applicable; SAPlanning DepartmentWpplication Forms \Development Review\2007 Forms \Flexible Standard Development (FLS) 04- 24- 07.doc MAY 14 2007 Page 3 of 7 PLANNING DEPARTMENT CITY OF CLEARWATER 0 . G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) SITE PLAN with the following information (not to exceed 24"x 36"): Index sheet referencing individual sheets Included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; J Footprint and size of all PROPOSED buildings and structures; All required setbacks; JAll existing and proposed points of access: 9� All required sight triangles; Identill tlon 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; J 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; T All parking spaces, driveways, loading areas and vehicular use areas; _ Depiction by shading or crosshatching of all required parking lot Interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening _ (per Section 3- 201(0)() and Index #701); Location of all landscape material; Location of all onslte and offslfe storm - water management facilities; Location of all outdoor lighting fixtures; and ^� _ Location of all existing and proposed sidewalks. Df SITE DATA TABLE for existing, required, and proposed development, In written/labular fours: y/ EXISTING REQUIRED 0 Land area in square feet and acres; lo. o,-3A(- Number of EXISTING dwelling units; _ AZg Number of PROPOSED dwelling units; 44A -;x Gross floor area devoted to each use; )6./A Parking spaces: total number, presented in tabular form with the QjY__ number of required spaces; Total paved area, Including all paved parking spaces & driveways, fl expressed in square feet & percentage of the paved vehicular area; 44A' Official records book and page numbers of all existing utility Q easement; ! 4A p_,V— Building and structure heights; x1A 0 _ Impermeable surface ratio (I.S.R.); and AA ,p _/_ Floor area ratio (F.A.R.) for all nonresidential uses. INIPA ❑ REDUCED COLOR SITE PLAN to scale (8 %X 11); ❑ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional Information on site plan: One -foot contours or spat elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building fines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; C:Oocurnenla and Set8ngsldareklerguson%Local Settingffemporary Internet Hes1OLK3897 1a)dble Standard Developmern (RS) 2006.doo Page 4 of 7 PROPOSED l0.03.4G ORIGINAL RECEIYO itY 81007 PLANNING DEPARTMENT CIlY OF CLEARWATER H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) I LANDSCAPE PLAN with the foil owl ng information (not to exceed 24° x 361; All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; QDelineation and dimensions of all required perimeter landscape buffers; Sight visibility trlangles; QDelineation and dimensions of all parking areas including landscaping Islands and curbing; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Q Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; QLTypical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, back-filling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ❑ REDUCED COLOR LANDSCAPE PLAN to scale (8 %X 11); COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I, BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) ❑ `BUILDING ELEVATION DRAWINGS —with the following information: JAll sides of all buildings; Dimensions; O% Colors (provide one full sized set of colored elevations); and Materials. ❑ REDUCED BUILDING ELEVATIONS — same as above to scale on 6 % X 11. J. SIGNAGE: (Division 19, SIGNS ! Section 3 -1806) All EXISTING freestanding and attached signs; Provide photographs reproved or to remain. ❑ All PROPOSED freestanding and attached signs; Provide details freestanding signs shall include the street address (numerals) ❑ Comprehensive Sign Program application, as applicable (separate ❑ Reduced signage proposal (8 %X 11) (color), if submitting (area, size, Sign Program application. etc.), indicate whether they will be materials and drawing; C1Documeras and SetlingsklerekfergusomLooW Wtings7emporary Intencet Files\01I(3890etdble Standard Development (FLS) 2006.d00 Page 5 of 7 ORIGINAL RECEIVED 11AI 08 2007 PLANNING ©EAA �T CITY OF C RW K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4- 801.C) ❑ Include if required by the Traffic Operations Manager or his /her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and /or 1000 or more new vehicle trips per day. Will affect a nearby roadway segment and /or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a " Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727- 562 -4750) Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. ❑ Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. ......_ Traffic Impact Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: r'rovide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and /or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ❑ Acknowledgement of fire flow calculations /water study requirements (Applicant must initial one of the following): Fire fcaMtions/Water Study is included. Fire Flow Calculations/Water Study is not required. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562 -4334. M. 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. Signat re o operty ow r r representative STATE OF FLORIDA, COUNTY OF PINELIP Savor nd sub cribed before me this day of 20527 to me and /or by ho is personally known has produce as identification. anPlu. Andrea E. Trimmer ������`'��.✓ �o�. MY C ®mmisSNn DD21e683 ..... �R ....Expiresjune 18,_207.._. otary public, My commission expires:61�91a 7 ORIGINAL SAPlanning Department\Application Forms \Development Review\2007 Forms\Flexible Standard Development (FLS) 04- 24- 07.doc P11AY 14 2007 Page 6 of 7 PLANNING DEPARTMENT CITY OF CLEARWATER N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: e -wceri ©cam rz L. L .C. 2. That (I am /we are) the owner(s) and record title holder(s) of the following described property (address or general location)` Lltn FL 33�1�� 3. That this property constitutes the property for which a request for a: (describe request) L�N�f'D✓% -r►. �l�o_ WO�� �� QSL+TJt�v���Ofl`o i- �ii� �WLDP''�` 4. That the undersigned (has /have) appointed and (does /do) appoint: YV 11 e Li �a�.r(Ce iL 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 under ' ned authority, hereby certify that the foregoing is true and correct. I--,' C`�u>J ` f�RG jClers rt,ac '�t�- , — %-"SL N Get r�rc� Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, Q COUNTY OF•PINELL-AS 6 Before me the undersigned, an officer duly commissioned by th laws of the State offFFlorida, on this day of first duly sworn o o-7 personally _ A l � -t b'1�e� who having tb- y Deposes tkjt tj1qW -w-nger 9offimief s of the affidavit that he /she signed. a• • JUDY A. SCIONEM No" Pdit • SMN of no" • CobgtMolonE�IIM�,lON L Co�Mlon • 00 s�1 JIM Nota blic Signature Notary Seal /Stamp My Corn i ion Expires: ORIGINAL RECEIVED MAY 0 8 2001 CADocuments and Settings \derek.ferguson \Local Settings \Temporary Internet Fi1es \0LK389 \Flexible Standard Development (FLS) 2W6.doc Page 7 of PLANNING DEPARTMENT CITY OF CLEARWATER Re: Clearwater Hilton Wells, Wayne From: Roberts, Margaret [MRoberts2 @luxuryresorts.com] Sent: Monday, November 26, 2007 3:25 PM To: Wells, Wayne Cc: Kynkor, Frank; Sullivan, Robert "Scott' Subject: Re: Clearwater Hilton Thanks, Wayne. Quantity, size, and spacing should be roughly the same, but I will confirm. - - - -- Original Message---- - From: Wayne.Wells @myClearwater.com <Wayne.Wells @myClearwater.com> To: Roberts, Margaret CC: Kynkor, Frank; Scott. Sullivan @myClearwater.com < Scott .Sullivan @myClearwater.com> Sent: Mon Nov 26 15:23:45 2007 Subject: Clearwater Hilton Page 1 of 1 Margaret - Replacing the society garlic with muhly grass is fine. I assume that wherever you planned society garlic, muhly grass would be planted. If the specifications (quantity, size, spacing, etc.) for the muhly grass is different than society garlic, please provide such to me via email. I will redline our office and landscape inspector copies. You should redline your job copy. Thanks. Wayne - - - -- Original Message---- - From: Roberts, Margaret [ mailto :MRoberts2nluxuryresorts.com] Sent: Sunday, November 25, 2007 5:33 PM To: Wells, Wayne Cc: Kynkor, Frank Subject: Clearwater Hilton Wayne, The landscape plan at the Clearwater Hilton includes society garlic at several locations. We would prefer to use muhly grass. Do we need to do anything special to make this substitution? Please let me know. Thanks, Margaret MARGARET ROBERTS 713 BRUCE AVENUE CLEARWATER, FL 34102 239.734.2713 11/27/2007 I MEMORANDUM • To: City of Clearwater Planning Department From: Gonzalez Architects Date: May 7, 2007 Revised: May 10, 2007 In Response to Wayne Wells Letter Dated May 10, 2007 Subject: Clearwater Hilton Architect's Project No. 06007 This memorandum is prepared as a part of a submission for the above referenced project. J Overnight accommodations 1. Location: The existing property already has an entry onto a major arterial street. No change is proposed to the existing curb cut, only that the paving will be changed from asphalt to concrete pavers. 2. Height: The existing buildings height will not be modified. 3. Signs as they exist on sight will remain as is. 4. Setbacks. A/B The front setback for the building will not be encroached by any new construction. The existing parking will remain as is. C /D /E The sides and rear setbacks are to remain as is and is not encroached by any new construction. 5. The building is in existence and will not be changed. 6. Lot width is in existence and will not be changed. End. M I; - p MAY 14 2007 KANNING DEPARTMENT CITY Of CLEARWATER � r MEMORANDUM To: City of Clearwater Planning Department From: Gonzalez Architects Date: May 7, 2007 Revised: May 10, 2007 In Response to Wayne Subject: Clearwater Hilton ORIGIN R AL F.t�� MAY 14 2007 PLANNING DEPARTMENT GIN OF CLEARWATER Wells Letter Dated May 10, 2007 Architect's Project No. 06007 This memorandum is prepared as a part of a submission for the above referenced project. A. See form B. See form except; LEGAL: THAT PART OF THE NORTH 725 FEET OF THE SOUTH 1575 FEET OF THE NORTH 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, LYING WEST OF THE CENTERLINE OF THE RIGHT -OF -WAY OF MANDALAY ROAD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH BOUNDARY OF PALM STREET (NOW KNOWN AS PAPAYA STREET) AND THE EXTENSION OF THE WEST BOUNDARY OF GULF BLVD. (NOW KNOWN AS GULF VIEW BLVD.) AS SAID STREETS ARE SHOWN ON THE RECORD MAP OF PLAT OF CLEARWATER BEACH PARK AS RECORDED IN PLAT BOOK 10, PAGE 42, PINELLAS COUNTY, FLORIDA FOR A POINT OF BEGINNING (P.O.B.); THENCE TRAVERSE S. 89 059'43" W., TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO TO A POINT DESIGNATED AS POINT "A "; RETURN TO THE P.O.B.; THENCE S. 06 030'52" W., 10.07 FEET; THENCE N. 89 059'43" E., 251.63 FEET TO THE PLATTED WEST BOUNDARY OF MANDALAY ROAD; THENCE S. 06 030'52" W., 689.88 FEET ALONG THE WEST BOUNDARY OF MANDALAY ROAD; THENCE S. 89 059'43" W., 189.17 FEET; THENCE S. 00 000'17" E., 29.58 FEET; THENCE S. 89 °59'43" W., TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO, TO A POINT DESIGNATED AS POINT "B "; THENCE MEANDER IN A NORTHERLY DIRECTION ALONG THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO TO POINT "A ". CONTAINING 10.64565 ACRES, MORE OR LESS. LESS AND EXCEPT PARCELS B AND D, DEEDED TO THE CITY OF CLEARWATER, AS RECORDED IN O.R. BOOK 5271, PAGE 2113, AND PARCEL C, DEEDED TO THE CITY OF CLEARWATER, AS RECORDED IN O.R. BOOK 5271, PAGES 2120 AND 2128, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, WHICH ARE DESCRIBED AS FOLLOWS: PARCEL B: THE EAST 12 FEET OF PARCEL A, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT SAID POINT OF BEGINNING FOR PARCEL A: THENCE TRAVERSE S. 06 °30'52" W., 10.07 FEET; THENCE N. 89 05943" E., 251.63 FEET TO THE WEST RIGHT -OF -WAY LINE OF MANDALAY ROAD, SAID POINT BEING THE POINT OF BEGINNING FOR PARCEL B; THENCE S. 06 030'52" W., ALONG SAID • • RIGHT -OF -WAY LINE, 689.88 FEET TO THE NORTH RIGHT -OF -WAY LINE OF MARIANNE STREET; THENCE S. 89 059'43" W. ALONG SAID RIGHT -OF -WAY LINE, 12.08 FEET; THENCE N. 06 030'52" E. ALONG A LINE PARALLEL TO AND 12.00 FEET FROM THE WEST RIGHT OF WAY LINE OF MADALAY ROAD, 689.88 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF PAPAYA (PALM STREET), THENCE N. 89 059'43" E. ALONG SAID RIGHT -OF -WAY LINE, 12.08 FEET TO THE P.O.B. FOR PARCEL B. CONTAINING 0.1900 ACRES MORE OR LESS. PARCEL C: BEGIN AT SAID POINT OF BEGINNING FOR PARCEL A: THENCE TRAVERSE S. 89 059'43" W. TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO TO A POINT DESIGNATED AS POINT "A "; RETURN TO THE P.O.B.; THENCE S. 06 030'52" W., 10.07 FEET; THENCE S. 89 °59'43" W., TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO TO A POINT DESIGNATED AS POINT "C "; THENCE MEANDER IN A NORTHERLY DIRECTION ALONG THE MEAN HIGH WATER LINE TO POINT "A ". CONTAINING 0.0852 ACRES MORE OR LESS. PARCEL D: COMMENCE AT SAID POINT OF BEGINNING FOR PARCEL A; THENCE TRAVERSE S. 06 030'52" W., 10.07 FEET; THENCE N. 89 059'43" E., 251.63 FEET TO THE WEST RIGHT -OF -WAY LINE OF MANDALAY ROAD; THENCE S. 06 030'52" W. ALONG SAID RIGHT -OF -WAY, 689.88 FEET TO A POINT ON THE NORTH RIGHT - OF -WAY LINE OF MARIANNA ST.; THENCE S. 89 °59'43" W., ALONG SAID RIGHT -OF -WAY LINE, 189.17 FEET TO THE POINT OF BEGINNING OF PARCEL D; THENCE CONTINUE S. 89 °59'43" W. TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO TO A POINT DESIGNATED AS POINT "D "; RETURN TO THE P.O.B. FOR PARCEL D; THENCE 00 000'17" E. ALONG THE WEST RIGHT -OF -WAY LINE OF CORONADO DRIVE, 29.58 FEET; THENCE S. 89 °59'43" W. ALONG THE NORTHERLY BOUNDARY OF CITY PARK SUB AS RECORDED IN PLAT BOOK 23, PAGE 37 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO TO A POINT DESIGNATES AS POINT "B "; THENCE MEANDER IN A NORTHERLY DIRECTION ALONG THE MEAN HIGH WATER LINE TO POINT "D ". CONTAINING 0.3407 ACRES MORE OR LESS. ALL CONTAINING 10.0305 ACRES M.O.L. Description of request: The property in question is located at 400 Mandalay Avenue in Clearwater, Florida and consists of 10.0305 acres of developed and paved, oceanfront. The site is currently occupied by a nine story structure and two story adjoined structure operating as a resort hotel, with restaurant, retail, and bar. The proposed development is a new brick paved entry with a circular turn around. This turnaround development will also be in conjunction with a removal of a structurally deficient canopy, and a restoration of the original covered entry. Along with this work will be a resurfacing of the pool deck area. The pool building will be painted to match the main hotel building, which will be repainted in a white scheme. More landscaping will be installed in both the north and south lots to bring added character to this property. Please see the attached plans for further, detailed information. ORIGINAL RECEIVED MAY 14 2007 2 PLANNING DEPARTMENT CITY OF CLEARWATER 9 C See Attached D Written Submittal Requirements 1. The existing hotel is similar in scale and massing to the adjacent beachfront properties. Its density, lot coverage, scale, and bulk will not change with this renovation. 2. This renovation will revitalize its dated entry, but not hinder traffic or any adjacent properties. This work will also help to foster an period of renewal within the surrounding areas as other projects have helped encourage this renovation. 3. This project will in no way hinder health or safety of persons working or residing within the neighborhood. 4. This work will not adversely affect traffic congestion. The renovated entry will fix congestion of taxis and entering vehicles to this site as well as provide them the much needed turnaround space to easily maneuver back to Mandalay Avenue. This work will also provide a drive location for fire trucks to turn around and maneuver thru the front parking area, as well as create 24 foot drive aisles for all vehicles ease of use. 5. The painting and canopy renovations for this structure will be in harmony and similar character with the recently constructed property to the north as well maintaining a balance with the existing. neighboring buildings. 6. The acoustic, olfactory, and visual nature of this property does not now nor will after its renovation affect the adjacent properties in a negative manner, nor will the hours of operation change due to this renovation. E Stormwater Narrative All exsiting drainage systems will remain intact during and after construction. The existing paving will remain, except where new concrete brick pavers are to be located instead of asphalt. All new paving will drain as before to existing drainage inlets. F. See form except Grading; All existing grades currently work for drainage. All new grades will be the same or similar to exisiting grades so as to continue to work with the existing drainage system. G. See drawings and form H. See drawings, report and form. I. See Drawings, Color samples attached. J. All existing signage is to remain. South corner sign is to not be blocked by new plantings. K. Traffic will not be impacted by this renovation development. L. Fire flow will not be impacted by this renovation development. M. See form End. ORIGINAL RECEIVED MAY 14 2007 PLANNING DEPARTMENT 3 CITY OF CLEARWATER v`',�173 `s' },�'• Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 6624567 Fax: 727-5624865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled and folded i nto sets CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION W I TH A COMPLETE LEVEL ON E OR LEVEL TW 0 APPLICATION. COMPREHENSIVE LANDSCAPE PROGRAM (Revised 03/29/2006) PLEASE TYPE OR PRINT— APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: PROPERTY OW NER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL N UMBER: L l rg rah oe tC f N ► J Fo !C3 �, ;fir _.. CELL ��vijii-ik: FAX NUMBER: ^ ^- LQIA a E- MAILADDRESS: 1. ARCHITECTURAL THEME: a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. ORIGINAL REUIVED C:IDocumentsand Setfingslderek. fergusanlDesktopinew #ar"ngfileslCoWehensive Landscape oF*MWATEP Page 1 of .2 • 2. LIGHTING: • Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting Is turned off when the business is closed. �c,ge See f cd ry►�t _c� -c� - 14- 0-7 _ 3. COMMUNITY CHARACTER: The landscape treatment proposed in the Compr ehe nsi ve Landscape Program will enhance the community character of the City of Clearwater. 4, PROPERTY VALUES: The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposedfor development. _ -LA _ _ r __I ._ _ __ - '4 „ 0 . 1 C_ Id _r�"� N\I9tP� tit AB 14 2007 __ ._ PLANNItiG MA 5. SPECIAL AREA OR SCENIC CORRIDOR PLAN: The landscape treatment proposed in the Comprehensive Landscape Program Is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel prorposed for development is located. THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL TWO APPLICATION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE LANDSCAPE PROGRAM, WHICH .SATISFIES THE ABOVE CRITERIA THE USE OF LANDSCAPE PLANS, SECTIONS / ELEVATIONS, RENDERINGSAND PERSPECTIVES MAYBE NECESSARYTO SUPPLEMENTTHE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the hest of my Imowledge and authorize City representatives to visit and pho tog raph th e pr operty described in t his application. Sign ure o�Iropertyowt.,or representative STATE OF FLORIDA, COUNTY OF PINE Swomdo and subscribed before me this , as identification. Notarypumc, Mycommission expires: o is day of to me and/or by ally Imown has NA Cemmissi4n 0DZ16W3 Expires June 1. 8, 2067 Iela7 C:IDocurnents and Settings lderek.ferguson0esk Mpinewplanningfi lesfComprehensive Landscape Progra m 20D6.doc Page 2 of 2 Ivi � The Orai.g Company Comprehensive Planning Resorti7ourism Planning SENT VIA Land Use Regulation TO: Wayne Wells Development Feasibility Site Design E Expert Witness FROM: Barbara Mitchell Mailing address: P. O. Box 970 Key West, FL 33041 -0970 DATE: May 14, 2007 �Rl�, Office location: 610 White St. RE: Clearwater Hilton RECEIVED Key West, FL 33040 Phone: 305/294 -1515 M CC: Jose Gonzalez CLAY 14 2007 Fax: 305/292 -1525 Margaret Roberts E -mail: barb @craigcompany.com PLANNING 1�E�A'�TNIEN�' CITY OF CLEARWATER OPlease find the following in response to City Code requirements for Landscape Redevelopment Plans. 1. Irrigation R The existing irrigation system shall be renovated to provide 100% coverage on all new plantings. The system will include a rain sensor /shut off device to avoid use of system during periods of sufficient rainfall. The existing system is connected to the public potable water supply. A backflow preventer will be installed if there is not one in place. 2. Tree Removal AIt is the intention of the Landscape Plan to reuse on site existing landscape material where warranted. Specifically, this includes the existing Sabal Palms ( Sabal palmetto), Christmas Palms (Vetichia merrillii), Senegal Date Palms (Phoenix reclinata), Sea Grape Trees (Coccoloba uvifera), Coconut Palms (Cocos nucifera), and Date Palms (Phoenix dactylifera). The Washington Palms (Washingtonia robusta) shall be removed. N3. Protection of Existing Trees and Vegetation: Protect trees tagged to remain in place against unnecessary cutting, breaking or skinning of roots, skinning and bruising of bark, smothering of trees by stockpiling construction materials or excavating materials within drip line, excess foot or vehicular traffic or parking of Dvehicles within drip line. Trees shall be protected with orange vinyl fencing or as approved. 4. Transplanting Sea Grapes and all Palms A minimum rootball radius of three feet (3') from all sides of the truck of the trees or palms to an average depth of three feet (3') shall be maintained. Trees and palms shall be Utransplanted directly to the prepared hole in the storage area. Proper tree strapping techniques Key West ■ Breckenridge 0 0 shall be applied at all times including a strap to run under the rootball to support the tree and to prevent bark stripping or other damage. Tree booms shall be protected to prevent bark damage. Trees to be transplanted shall not be trimmed unless authorized by the Landscape Architect/Designer. Palms shall be trimmed of all flowers and nuts. The fronds shall be tied with biodegradable twine. They shall not be left out of the ground for a period of time greater than four hours without their roots being protected. Root prune /holding trenches shall be treated with Mycor Palm Saver TM, watered thoroughly, and backfilled with a mixture of 50% native soil, and 50% wood chips. These trees shall be watered to saturation at time of placement in the trenches. Supplemental irrigation shall be applied every other day until placement in final planting location. Upon placing the tree /palm in the hole, the hole shall be prepared with 1/2 the recommended amount of Mycor Palm Saver, watered thoroughly, backfilled with a mixture of 75% native soil and 25% sand to a height of 1/2 the rootball. Install the balance of Mycor Palm Saver. Water the hole thoroughly removing all air pockets. Finish planting with the balance of the backfill material, creat a water basin and water well. Trees and palms shall be staked with a minimum of 3 (more may be necessary) knot free 4" x 4" nailed in three places to a 2" x 4" x 12" banded to the trunk over burlap wrapped 5 times around the trunk to a minimum of 7 to 8' above grade. Under no circumstances shall nails be driven directly into the trunk of the tree or palm. Trees /Palms are to be watered every day for the first week, every second day for the second week, every third day for the third week and weekly thereafter until established. 5. Parking lot Coverage The existing area for parking lot landscaping has been significantly increased with the removal of approximately 6,000 square feet of asphalt. The existing planting islands have remaining in the same location, however, in some cases have been altered in size in order to accommodate improve vehicular maneuverability. 6. Response to Comprehensive Landscape Program. 6.1 Architectural Theme: The renovation of the Clearwater Hilton is designed to streamline and simplify the architecture of the structure. This Landscape has been designed to complement the newer, cleaner motif. Masses of plant material with an underlying of green textures are proposed. Color is used discriminately. 6.2 Lighting_ Lighting is required for the parking lot and shall be renovated as needed with the alteration of the parking lot landscape islands. Accent lighting is not proposed at this time. ®RIGINA REED 2 gy 14 2007 DEPARWENT Key West p"NINC Breckenridge CITY Of CLEARWRTER • 0 6.3 Community Character: The proposed landscape renovation will enhance the existing community landscape by removing existing asphalt and adding green space. Furthermore, the landscaping at the north parking lot shall be enhanced with the addition of Sabal Palms and Oleander as shown on the Landscape Plan. 6.4 Property Values: The existing values of the property will be increased with the proposed renovation and landscape upgrade. 6.5 Scenic Corridor Plan: The proposed Landscape Plan is intended to be compliant with the applicable Scenic Corridor Plan. There are some existing planted areas that are not subject to modification. These areas will remain untouched. Other areas will be renovated with the addition of plant material that is a mixture of Florida native plants as well as non - native material. Proposed plant material spacing is equal to or exceeds that required by code. Xeriscape principals have been used as applicable. The overall screening from the beach will be enhanced with the addition of a seagrape hedge planted adjacent to the swimming pool fencing. The existing shrub material will be removed, however, the Sabal Palms shall remain in place. ORIGINAL RECEIVED MAX 1.4 2007 P�Tfof WARTMENT LEAR wA ER 3 Key West , Breckenridge 2 HIGH STYLE BEIGE SW -1903 ALL COLORS ARE BY SHERWIN WILLIAMS East Elevation A2.01 Scale: 1H6" = 1'-0" DESIGNER WHITE SW -1904 Color Samples ALL COLORS ARE BY SHERWIN WILLIAMS A2.01 J 1Elevation S f� Clearwater Beach, Florida ;—zi- z .. CQ N M N fl Lu a z U- Z0 z gv a M00®G1 MEOOIW 1o/1nYA Ne OY D-wo. �1•n North & East Elevation em vlc- ra or 61307 mne, NIP nynta ow m.yrt A2.01 Clearwater Hilton Site and Canopy 400 Mandalay Avenue Clearwater Beach, Florida L1tl. w M ®W lad1nik 0 a 0 � 0 N 0 c7 � . r• COO n South Elevation or 613-07 uv.q NIP rr�ra W A2.02 C cc 7 v Y A ® i 0 > 2 m N W da mi 0 u LO N � rn N •� cv z m_ N N C7 1� N L1tl. w M ®W lad1nik South Elevation or 613-07 uv.q NIP rr�ra 04007 A2.02 BROODS AND AMADER, INC. 205 RIDGEWOOD AVENUE • BRANDON, FLORIDA 33510 • TELEPHONE 813.653.1125 P.O. BOX 1129 • BRANDON, FLORIDA 33509 -1129 • FAX 813.653.1679 BROOKS- AMADEN www.brooks- amaden.com August 7, 2007 Mr. Jim Keller Clearwater Fire and Rescue Prevention 610 Franklin St. Clearwater, FL 33756 RE: CLEARWATER HILTON Analysis of Pavers Dear Mr. Keller: ORIGINAL RECEIVED AUG 08 2007 PLANNING DEPARTMENT CITY OF CLEARWATER With this letter we are forwarding to you the paver evaluation prepared for us by Driggers Engineering Services, Inc. The conclusion drawn from their evaluation indicates that the proposed pavers would be suitable to support the expected fire truck load. You will note that the analysis is based upon an evaluation of the existing base material and does not account for any load carrying capacity of the paver themselves. If we consider an 80,000 pound fire truck with 3 axels and 10 wheels (with each wheel making a footprint of 80 sq. inches where the rubber meets the road) and assume an even distribution of weight over the 10 wheels, then each wheel will exert a compressive load of about 1,000 psi on the pavers ... well below the unconfined compressive strength of the paver of 8,000 psi as stated by the manufacturer. Very truly yours; Leroy Ce ��it�;,nP�Ea- Vice es nt ate° LCD /agk�;.Uk. ` Enclosures CC: Dan Malone, City of Clearwater Nathan Pollard, Gonzalez Architects Margaret Roberts, Clearwater Hilton P: \5050 -01 \wpdocs\5 050-0 1 Ltr..doc civil engineering • land surveying • site planning A,TJG -06 -2007 15:53 GGERS CLEARWATER P.002 D R I G G E R S E N G I N E E R I N G S E R V I C E S I N C O R P O R A T E D Geotechnical Engineering & Construction Materials Testing August 6, 2007 Brooks & Amaden, Inc. 205 Ridgewood Avenue Brandon, Florida 33510 Attention: Mr. Lee Doughty, P.E. RE: Evaluation of the Brick Paver Pavement Clearwater Hilton Pinellas County, Florida Dear Lee: In accordance with your request, DRIGGERS ENGINEERING SERVICES, INC. has performed an evaluation of the proposed brick paver pavement for the subject site. We understand that the pavement is required to support an 80,000 pound fire truck. Briefly, our evaluation suggests that the proposed pavement would be suitable to support the expected fire truck load. We understand that the planned pavement will include Hanover "Prest Brick" pavers which have a minimum unconfined compressive strength of 8,000 psi. While the pavers would certainly provide some load carrying capacity, the Hanover Architectural Products literature does not provide a means for quantifying the capacity of the system and indicates that the base material' should be designed to carry the intended load. We understand that is proposed to place the pavers on a nominal 6 -inch thick compacted soil cement base having a minimum 7 -day compressive strength of 300 psi. The adequacy of the proposed base material was evaluated utilizing the procedures in the "AASHTO Guide for Design of Pavement Structures" and the FDOT Flexible Pavement Design Manual.. The pavement section was considered to be a low volume road. The attached Figure 2.8 from the FDOT Manual indicates that a 300 psi soil cement material would correspond to a modulus value of about 56,000 psi. The subgrade material was conservatively considered to have an LBR of 20, with a corresponding a resilient modulus of 7,500 psi (FDOT Table 5.1). An allowable serviceability loss of 3.0 was used. Sarasota Clearwater Tampa Phone: 941.371.3949 12220 49th Strect North - Clearwater, Florida 33762 Phonc: 813.943.6027 Fax: 941.371.8962 Phone: 727.571.1313 • Fax: 727.572.4090 Fax: 813.948.7645 saroffice@driggers-eng.com clwoffice @driggere eng.corn tpaoffice@driggerseng.com AP13 -06 -2007 15:53 6GERS CLEARWATER • P•063 2 Based upon the above, and Figure 4.2 from the AASHTO Manual, a nominal 6.0 -inch soil cement base material should be capable of supporting. about 25,000 equivalent 18 -kip axle loads. This would equate to more than 1,500 such heavy track trips per year over a typical 15 year design life. DRIGGERS ENGINEERING SERVICES, INC. appreciates the opportunity to be of service to you on this project. Should you have any questions, please do not hesitate to contact the undersigned at your convenience. Respectfully submitted, DRIGGERS ENGINEERIN,d SERVICts'- INC ' cholas T. Korecki, P.E. Senior Geotechnical Engineer, FL Registration No. 45529 NTK NTK- LE?1C1wHilton Copies submitted: (3) Origgers Engineering Services Incorporated AUG -06 -2007 15:53 ,U -24 DRIGGERS CLEARWATER • • Design of Pavement Structures 0 -i- as. (1) Scale derived by averaging correlations from Illinois. Louisiana and Tex 12) Scale derived on NCHRP project (3). P.004 S. (o Figure 2.8. Variation in a for cement - treated bases with base strength parameter 10.0 '26 1000 9.0 .24 .22 - - - - -._ L } 0.20 600 a — — 6.0 .16 c — — — 400 y U � C N 300 - z .14 C 200 5.0 0.12 iL 0.10 d c E 0 U G D 0 -i- as. (1) Scale derived by averaging correlations from Illinois. Louisiana and Tex 12) Scale derived on NCHRP project (3). P.004 S. (o Figure 2.8. Variation in a for cement - treated bases with base strength parameter t t t w w w 0 A.UG -06 -2007 15:53 4GERS CLEARWATER • TABLE 5.1 RELATIONSHIP BETWEEN RESILIENT MODULUS (Mx) AND LIMEROCK BEARING RATIO (LBR) SAMPLE VALUES The following are some Limerock Bearing Ratio (LBR) input values that were input into these equations to obtain Resilient Modulus (M,,) values. Ltmerock Bearing Resilient Modulus Ratio (LBR) PSI MPa 10 4500 30 12 5000 35 14 5500 39 16 6000 43 18 7000 47 20 7500 51 22 8000 54 24 8500 56 26 9000 61 28 9500 65 30 10000 68 32 10500 72 34 11000 75 36 11500 78 38 12000 81 40 12000 84 Page 5.6.0 P.005 -3 v 9 r ro I 1 1 I 1 I 1 1 1 1 1 1 o lu z5 au IW 9uu 116 8 10 12 14 16 Allowable IS -kip Equivalent Base Layer Thickness, DOS (inches) Single Axle Load Applications, W18 (thousands) P91 Figure 4.2. Design chart for aggregate - surfaced roads considering allowable serviceability loss.. C� l P)O -sa" r'q 2 8, NZ Zq 130Dp5C —�.7�� x[b pSL Tab!e 5. � , � T tzj L7 m G r C1] x7 [TJ b N a� A n n .b � o N � L7 I (T I I Off. N O Example lo Das - 8 inches .- EsS = 30,000 psi M _ 4,900 psi 6PSI - 3.0 rF IIJJ Solution: K. = 16,000 (18 -kio ESAL) I 1 1 I 1 I 1 1 1 1 1 1 o lu z5 au IW 9uu 116 8 10 12 14 16 Allowable IS -kip Equivalent Base Layer Thickness, DOS (inches) Single Axle Load Applications, W18 (thousands) P91 Figure 4.2. Design chart for aggregate - surfaced roads considering allowable serviceability loss.. C� l P)O -sa" r'q 2 8, NZ Zq 130Dp5C —�.7�� x[b pSL Tab!e 5. � , � T tzj L7 m G r C1] x7 [TJ b N a� A n n .b � o N � .. .:. ME►rEM ■■ME■,� mu mmm ■■■■EMOM,.ME ME■ �.VAPOMM// ' , • , � � FIEN '.■■ ,M..■ MEN NOME NEWARIEW"A NEON 0.aPS MENEEN■ FR�.N NEEMEN■■ OW, MM ■NOME WOMMIN■ ■ENE■ I 1 1 I 1 I 1 1 1 1 1 1 o lu z5 au IW 9uu 116 8 10 12 14 16 Allowable IS -kip Equivalent Base Layer Thickness, DOS (inches) Single Axle Load Applications, W18 (thousands) P91 Figure 4.2. Design chart for aggregate - surfaced roads considering allowable serviceability loss.. C� l P)O -sa" r'q 2 8, NZ Zq 130Dp5C —�.7�� x[b pSL Tab!e 5. � , � T tzj L7 m G r C1] x7 [TJ b N a� A n n .b � o N � 07/24/2007 09:25 FAX 07/23/07 •09 ;62 FAX 717 63045 HAN OVE Architectural Products 240 Bander Road, Hanover PA 17331 Voice: 717-637 -0500 Fax: Y17.637 -7145 www.h anoverpovers.corn lgJ 003 /007 HANOVER ARCH PROD. [7003 Hanover® Presto Brick Test Results THE TEST RESULTS DISPLAYED ARETAKEN FROM SAMPLES OF HANOVER'S STANDARD PPES70 BRICKS. CUSTOM MIX DESIGNS WOULD PRODUCETEST DATA ACCORDING TO THE STRENGTHS OFTHEAGGREGATES USED. 717- 7&7 -Z77�o ARCHITECTURAL Moon "NGJ %YC, w Paaa Yor D 174TES T FaoelmU.7U -d 120 -Tula; 71_7-00 �7 7i7 -7f�7� a Project Summary: Solid concrete interlocking paving units referred to as 'Hanover® Prest® Brick Pavers; were tested for Compressive Strength (1,2), Absorption (1.3), and Resistance to Freezing and Thawing (1.4) In accordance with ASTM C936 -82 - Standard Specifloatlon for Solid Concrete Interlocking Paving Units, ASTM C140 -91 - Standard Methods of Sampling and Testing Concrete Masonry Units (Section 5), ASTM C140 -91 - Standard Methods of Sampling and Tasting Concrete Masonry Units (Section 6), and ASTM C67 -87 - Standard Methods of Sampling and Testing Brick and Structural Clay Tile (Section 8). The results of each of these tests and the related procedures are reported in the Results portion of this report. COMPRESSIVE STRENGTH TEST RESULTS JANUARY 1, 1997 Procedure: Evaluation of the specimens w as performed in accordance with ASTM C140 -91, Standard Methods of Sampling and Testing Concrete Masonry Units. The calculation of Net Area was determined by ASTM C140 -91, Paragraph 5.6.3. TEST R ESU LTS Speclmen Nominal Baaring Compressive Compressive Number Area (in2) Load (Ibs) Strength (psi) N -1 9.0 65,000 9,444 N -2 9.0 81,500 9,056 NL3 9,0 87,500 9,722 N -4 9.0 80,000 8,889 N-5 9.0 66,500 9,611 N -6 9.0 95,000 10.556 N -7 9.0 75,000 8,333 �8 9.0 8 7, 500 9,722 N -9 9.0 74,500 8,278 N -10 9.0 70,000 7.778 Averago 9,139 Statement of Compliance; These results show compliance to ASTM C936 -82, Paragraph 4.1 Compressive Strength, which states '.,., the average compressive strength of the test samples shall be not less than 8,000 psi, (55 MPs) with no Individual unit less that 7,200 psi (50 MPa)...' Page 1 of 2 1 . I KS -AMAD BROODS AND AMADEN, INC. 205 RIDGEWOOD AVENUE • BRANDON, FLORIDA 33510 • TELEPHONE 813.653.1125 P.O. BOX 1129 • BRANDON, FLORIDA 33509 -1129 • FAX 813.653.1679 www.brooks - amaden.com Clearwater Hilton DRAINAGE REPORT A Q FL. 1' #5 10 Date!. s I \ O\T dject : 05 "-01 011VA 0A . P:\ 5050- 01 \WPDOCS \505001.DRNRPT.DOC civil engineering • land surveying • site planning OR-iG RD Al C J 2007 LA�9 y� �,r �rENT CITYC .: .; „vAfEP • DRAINAGE REPORT FOR Clearwater Hilton CITY OF CLEARWATER, FL Submitted to: CITY OF CLEARWATER Prepared by: Brooks Et Amaden, Inc. 205 Ridgewood Avenue Brandon, Florida 33510 July, 2007 Project # 5050 -01 PA5050 -01 \WPD6CS \505001. DRNRPT. DOC • 001WL JUL 3 PI�►Pltr Qr..�... �; "'rr • Project Narrative Existing Conditions Proposed Conditions Appendix Clearwater Hilton TABLE OF CONTENTS A Operation and Maintenance Attachments Attachment A - Original Drainage Plan Attachment B - Plan View Section Location Attachment C - Proposed Depression Cross - Section P: \5050 -01 \WPDOCS \505001. DRNRPT. DOC • ONE. KD JUG ; :r A7 -."' WEM �i�°�"'i �' CKOF G ;. � ATER ' • . ORIGINAL RECEIVED 1 2007 PROJECT NARRATIVELA6Vi�IIV(� DEPARTMENT CITY OF CLEARWATER The proposed improvements associated with the Clearwater Hilton project consist of the creation of additional landscape areas in what is currently parking lot and a modest re- configuration of the parking lot to maintain spaces. The original development was designed and constructed approximately 30 years ago and provided very little in the way of treatment and attenuation capability, as regulations of those items were not yet the norm. The project does, however, incorporate depressional areas and pipe storage which contribute treatment and attenuation benefits which are greater than the norm for projects of this age. The project is located in the northwest corner of the intersection of Mandalay Avenue and Marianne Street in Section 8, Township 29 South, Range 15 East. EXISTING CONDITIONS DRAINAGE ' The existing drainage in the area of the proposed improvements is collected into a storm sewer conveyance system. The runoff enters the system via grate inlets in the parking lot area and is directed to two depressional areas in the southeast corner of the ' property. The runoff from the western portion of the parking lot must discharge into the western idepressional area by bubbling up through a grate inlet on the west side of the depression and then fill the depressional area prior to entering another grate inlet on the east side. That water then must bubble up through yet another grate inlet in the eastern depression; and fill that depression area prior to ultimate discharge into the City storm sewer system along Mandalay Avenue. The runoff from the eastern portion of the parking lot , for which no significant change is proposed, discharges into the eastern depressional area by bubbling up through the same grate inletias the discharge from the western depressional area. This drainage pattern can be determined from the original Paving Et Grading Plan, a copy of which is contained in Attachment A ' PROPOSED: CONDITIONS DRAINAGE In the proposed condition, a portion of the existing parking lot is proposed to become a landscaped area, with other areas proposed for beautification via decorative pavement. The City has voiced concerns about the depth of the depressional areas and the potential for mulch and debris from the landscape area to enter the storm sewer. system. As described in the discussion of the existing drainage system, any solids entering the existing storm sewer system from the landscape area on the project property would have P A5050 -01 \W PDOCS \505001. DRN RPT. DOC t t 1 0 9 to be forced out of the system into the western depressional area. That area would then also need to fill prior to discharge into the eastern depressional area before being able to enter the City system. The Clearwater Hilton project is limited in scope and results in a decrease in the total impervious area of the parking lot. As discussed with City Staff, a retrofit of this 30 year old project site, to meet current regulations with respect to water quality treatment and water quantity attenuation, is impractical and cost prohibitive. In order to meet the current regulations, with respect to water quality treatment and attenuation, a storage facility (i.e. pond or vault) of approximately 35,000 square feet would be required on this site. The proposed improvements to the stormwater system, consist of excavating the two depressional areas to their original design bottom elevations and instituting an operations; and maintenance program to keep the on -site storm sewers and depression areas clean, thereby ensuring no adverse impacts to the City system. Attachments B and C contain a plan and section view of the proposed depressional area modifications. Restoring the depressional areas to their original configuration and decreasing the total impervious contribution, will reduce the peak discharge rate and provide increased attenuation and enhanced treatment compared to that provided currently. P:\ 5050- 01 \WPDOCS \505001.DRNRPT.DOC 0 2007 PlANNNG DEPARTMENT CITY OF CLEARWATER t • APPENDIX A OPERATIONS AND MAINTENANCE P A5050 -01 \WPDOCS \505001. DRNRPT. DOC MGM JUL '0 _]97 POWN C ®F. 1 I I u CLEARWATER HILTON (Project # 5050 -01) July 25, 2007 OPERATION AND MAINTENANCE GUIDELINES The work specified in this statement consists of the operation and maintenance activities required such as to insure adequate performance of the system and its continued safe operation. As a whole, the stormwater management system is to be inspected periodically. The maintenance and operation entity should perform the following maintenance and operation procedures. 1. Discharge structures/ control devices should be maintained operational by eliminating clogging of the baffles, grates, etc., caused by trash, debris and sediment. The inspection for proper operati=on and maintenance of these devices should be conducted quarterly. Additional monitoring and maintenance should be conducted after severe rainfall events. 2. Internal stormwater system inlets and manholes should be maintained operational by eliminating clogging of the slots, grates, interior pipes, etc. caused by sediment, vegetation and trash. The inspect=ion for proper operation and maintenance of these devices should be conducted quarterly. Additional monitoring and maintenance should be conducted after severe rainfall events.. 3. Internal stormwater piping should be maintained operational by eliminating clogging caused by sediment, vegetation and trash. The inspection for proper operation and maintenance of this equipment should be conducted quarterly. Removal of debris should be performed by vacuum truck, or similar, as needed. 4. All grass in the depressional areas should be mowed periodically and all clippings recovered and disposed of off -site. 5. Depressional areas should be maintained operational by removing sediments and trash which can hinder their function. The inspection of this area should be conducted quarterly. Additional monitoring and maintenance should be conducted after severe rainfall events. 6. Any eroded areas that are noticed during routine maintenance should be filled, as soon as discovered, with similar soils and grassed by sodding (staked) or seeding and having mulching (cut in)' depending on the season. P:\5050-01\WPDOCS\505001 DRN- RPT -O&M. DOC N', JUL `. I» vitNI CI$YOF Cv �PWATFCA ATTACHMENTS P: \5050 -01 \W PDOCS \505001. DRN RPT. DOC r 0RIGIi RE�p6/E® .102007 P LW l,? s [)Epmmrw 0 0 . I .1 1 0"'O" ABe REt; tk JUL 30 200 PLANNING DEP,�TMENT C Y OF CLEARWATEr P .1 DEPRESSIONAL AREAS SECTION A -A t . NTS BROOKS AND AMADEN, INC. �—�,` ^C Project No.: 5050 -01 Date: 07/25/07 civil engineering • land surveying CLEARWATER HILTON AT` .44C:A RC:N^ C Section 8 Township 29 Range 15 205 RIDGEW000 AVENUE •BRANDON, FLORIDA 33510 P: 813 -653 -1125 • F: 813 - 653 -1679 • www.brooke— amoden.com '' state of Florida, D.B.P.R. Certificate of Autn. 221 Sheet 1 of 1 By. DLD 0 • Rte® ,,JUL 3 0 2007 PIANMNQ DEPARjM, ' 01y OF OL��4TER C r 0 0 DeCaware PAGE' 1 �rhe lYrst State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE RESTATED CERTIFICATE OF "MERISTAR CLEARWATER, LLC ", CHANGING ITS NAME FROM "MSRISTAR CLEARWATER, LLC" TO "BRE /OLEARWATER OWNER L.L.C. ", FILED IN THIS OFFICE ON THE TWENTY - FOURTH DAY OF FEBRUARY, A.D. 2006, AT 7 :18 O'CLOCK P.M- 3898308 8100 060183127 ORIGINAL RECEIVED MAY 14 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Harriet smith Windsor. Secretary of state AUTHENTICATION: 4549474 DATE: 02 -24 -06 AMENDED AND RESTATED CERTIFICATE OF FORMATION Ki )AMMAR CLURWATV� LLC THIS Amended and RetwAd Catzcate of formation ofMariStar CkumtcG LLC (ft "LLC"), datrd as ofPdXU tY7a 300b, bw ben duly gmutcd and is bcing.fled by the nadasAsod, as �m nut D&ed pas+ouln sacotdence witi► the prvwiona of 6 2d,-c, 3 I e -208, to amend and restate the Garaficabo of Formation afths LLC which was fated on Docember 16.3!X34, with-ft Seacta:y o f Staw -af the Stow of Dclalwwt (the "Ceeaficxte'I to ftmn a 1naited liabs'lky carapaay vwdcr the D 40watt Lindled jabf lEY t:ompanyAct (6 2a1, C. § 1$ -104 a4im.). The Certificate is bcrcby amended and resty •ln its- eatiretyto read i s ed follows FIRST. The name of the limited liabrlity company coatiaued hereby is BR menrwaterOwmerL.LC: SECOND. Tbraddress of tiro, mg*crcd office of the LLC in 'tbe State of Delaware is do Nadonal. Registered, Ate, ygc.,160 Cvromtroe Ddve, Soft 101, in the City of Dover, Cm=ty ofkeat, Delaware•1990+4. TiM. Thcts�rnoandaddttaso tbeYtgisoaedttgattforserxiceof p?ocess art t1w xLC ist tbe,Stxoe of Dt:iavrarria:I+htiooal Registered agetrte,l , 16o Gracabrcc Drive, Suite 101, in the City ofDovar, County ofxtnt Dclnuve 199D4 TN W rNESS wHmB0$ rite ondazzoai bee ==amd a" Anwodcd and Restated Cestifieate of ]=oraraoon as of the data fast: above writ.= i By. Nance: Cq in E.DeBlasfo Trt3 Audktindpepon ORIGINAL RIVED MAY 14 2007 maws."t+.1aiit4NOL S""I PLANNING DEPARTMENT CITY OF CLEARWATER stare of LblsW&" sec"tazy of stage Di.visiaa of Cozpamtiam Aalivamd 07:18 H4 0212412006 ; FZ= 07:18 Rf 02124/1006 SW 060183127 - 3898308 EIIS , ;I - and I- 43 1i•'t . • it S�� • 80091709 kZKORANDUM OF :LEASE 00.5010 PAsE 2354 This Memorandum Of Lease made as Of the 14th day of . ,. February, 1%90, among John, S. Taylor, III, Macy Ann Taylor, {; - Brio" -aan Taylor Cartel H. Richard Carter, Mary T3v1or Hancock, u .. r and Harry Hancock, .hereinafter collectively reterred_to as "Lessor ", and N. B. Johnson Properties, Inc..; a corporation of the State of - Georgia,,hereinafter referred to -as "Leases ". 26 24230.'ty 791 c::A. tFn1:80 ' gin tf;4t * ' fLysr't I;tt 1! 1 TtiES:5 ETH. k 1. For and Ln consideration of the sum of Ten Dollars f;= ago {$10.00) and other valuable considerations paid by Lessee to i 3` me Lessor, the receipt and sufficiency of which are,hereby acknow- ledged by Lessor, Lessor has leased to Lessee and Lessee has taken from Lessor upon and subject to the covenants and agreements .. �•: Xset forth in that certain Ground Lease among Lessor and Lessee ,KY dated February 14, 1980, hereinafter referred to as "Ground Lease', all of that certain parcel of land, togetheY with all buildings ;i and improvements now or•hereafter situated thereon, lying and t, being in Clearwater, Pinellas County, rlorida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference, hereinafter referred. to as "demised i '•. premises ". M)1N } 2. The term of th-e Ground Lease commenced on 94b:wsa7 fy 14, 1980, and shall continue through and .expire at midnight on- the last day -of Par. , 2079. rejl� TC 3. Lessee may at any time during the demised term .7lj,.tf ) , at its cgwn expense -and costs construct improvements., pave, land- scape or otherwise improve the demised premises. 4. Any notices to be forwarded to any party under the team of the Ground Lease shall be gent to the following addressest ck la) To Lessor addressed. to john Se Taylor, at al, Poet Office Oak 236, Largo, Florida 33540; ORIGINAL RECEIVED i e MAY 14 2Q07 RH nTU TO } t =�, ff Nchard Nall JAorney at law PLANNING DEPARTMENT ' � 114 Turner Street CITY OF CLEARWATER - Clearwater, Florida 3351E f .s AR. 5010 PAR 2155 W To Lessee addressed to W_ H. Johnson Properties, Inc., 1175 Parklake Drive, Suite 103, Atlanta, Georgia 30345. 5. Thew Ground Lease contains, the entire agreement between Lessor and Lessee. All persons are hereby placed on notice of the existence of the Ground Lease, and are hereby re- Eerxed to the Ground Lease itself for the specific terms and conditions contained therein. All of the terms and conditions of the Ground Lease are incorporated herein by reference. S. This Memorandum is prepared, signed and acknowledged solely -for recording purposes under the laws of the State bf Florida and i9 in no way intended to nor shall it operate to change, alter, 'modify, amend or in any sway affect the rights,. duties.and the obligations of the Lessor and Lessee pursuant to the -Ground .Lease, it being specifically understood and agreed betwcan *..csacr and Lcssaa that each hat rights, duties and obli- gations imposed upon it in the Ground Lease which are not ex- pressly contained heroin but are included herein by reference. In witness whereof, the parties hereto have hereunto set their handstand seals the .day and year first above written. ' LESSORS: SEAL) Jo. . PXZ . (SEAL)' Mary 4d Taylor 4= L (SEAL) ���;.-mot on can Ta . Y16W Carter ( SEAL) r H. Richard Carter ) Drw► S� •mss {SEAL) ! Mary VkY10xj Hancock 4 i Harry E44cock i ORIGINAL RECEWD -2- -,MAY 14.2@07 PIANNING DEEAWMENT, ��n.�.r., :..... :.. 'C117000- tEARWA1'ER W �� ( SEAL) r H. Richard Carter ) Drw► S� •mss {SEAL) ! Mary VkY10xj Hancock 4 i Harry E44cock i ORIGINAL RECEWD -2- -,MAY 14.2@07 PIANNING DEEAWMENT, ��n.�.r., :..... :.. 'C117000- tEARWA1'ER WITHESSFS- State of Florida County of Pinellas 0 A Acknowledgement Before me appeared John S. Taylor, III,, ,and Mary Ann .Taylor, his wife, to me well known and to be'.the individuals de- scribed in and who executed the foregoing instrument and who �• acknowledged the execution thereof to be of their own free act and deed. Witness my hand and official seal this lY -day of. it February, 1990, in the County and State reseid. II• Notary Public My Commission expires: .r. r. f{rnp• �,,�,• Ses1! nr nn'd� �fsr� + l'r t+,mrrusn� L41139S (ar.'9$ LW4 State of Florida County of Pinellas Acknowledgement Before me appeared Marion Jean Taylor Carter, joined by her husband, H. Richard Carter, to ine well known. and to be the individuals described' in and who executed the foregoing irsntru- meat and. who acknowledged the execution thereof to be of their own free act and .deed. Witness my hand and official seal tysis /eiaytpE February, 1980, in the County and Stated foresaid. / A Al 1 - f • ,: Notary PubLIC t, My cormoiMlion exp. ffA&7 A L4+;.:a;o or flumi le ;, - w A;mrauaroe wrpa tKe. zs, isaa i State of Florida County of P nellars Acknowledgement Before rte appeared Mary Taylor Hancock, joined by her ; husband, Harry Hancock, to me well known and to be the Individuals • described in-and 6rho executed the foregoing instrument and who acknowledged the execution thereof to be of their own free act and deed. witse9s tsty hand and- sear this day of �. February, 1990, in, the County and State a resaid. Nota P .•C 00IG. -MY commission expire:: t °' • R D L ;, 1. L "•'!�, P*,r. St,te d nq"4, of rr Ltsr,�.ra ix:irn tar. ` ^ 1 20 l�iA 0 : • + C„ iu:�d..giY:i�L: :,k,,. r.' ?:+by lGyia' ;.{iii , 1d: :•:?1.,' +lu ^:.5�`l'':r`.:.ari.. ELJ�I�YOYTIY\7 FAR :+.•. _� CITY OF CLEARWATER D.R. 5 0 _i U HGE 215a :LESSEES • W. B. Jobfisor, Ppr ti •, Int, By: Q. (SEAL) VC r entt ' + ' Attest: V/ (SEAL) .�` +•. •� crebury ,•„ y (Corporate Seal) , " �,'�'�a L' CIO, Acknowledgement Before me appeared John S. Taylor, III,, ,and Mary Ann .Taylor, his wife, to me well known and to be'.the individuals de- scribed in and who executed the foregoing instrument and who �• acknowledged the execution thereof to be of their own free act and deed. Witness my hand and official seal this lY -day of. it February, 1990, in the County and State reseid. II• Notary Public My Commission expires: .r. r. f{rnp• �,,�,• Ses1! nr nn'd� �fsr� + l'r t+,mrrusn� L41139S (ar.'9$ LW4 State of Florida County of Pinellas Acknowledgement Before me appeared Marion Jean Taylor Carter, joined by her husband, H. Richard Carter, to ine well known. and to be the individuals described' in and who executed the foregoing irsntru- meat and. who acknowledged the execution thereof to be of their own free act and .deed. Witness my hand and official seal tysis /eiaytpE February, 1980, in the County and Stated foresaid. / A Al 1 - f • ,: Notary PubLIC t, My cormoiMlion exp. ffA&7 A L4+;.:a;o or flumi le ;, - w A;mrauaroe wrpa tKe. zs, isaa i State of Florida County of P nellars Acknowledgement Before rte appeared Mary Taylor Hancock, joined by her ; husband, Harry Hancock, to me well known and to be the Individuals • described in-and 6rho executed the foregoing instrument and who acknowledged the execution thereof to be of their own free act and deed. witse9s tsty hand and- sear this day of �. February, 1990, in, the County and State a resaid. Nota P .•C 00IG. -MY commission expire:: t °' • R D L ;, 1. L "•'!�, P*,r. St,te d nq"4, of rr Ltsr,�.ra ix:irn tar. ` ^ 1 20 l�iA 0 : • + C„ iu:�d..giY:i�L: :,k,,. r.' ?:+by lGyia' ;.{iii , 1d: :•:?1.,' +lu ^:.5�`l'':r`.:.ari.. ELJ�I�YOYTIY\7 FAR :+.•. _� CITY OF CLEARWATER 'Ank ftmLj • O-R-5010n%2157 State of Georgia County of Fulton Acknowledgement Before me. pe-zzonally Appe4ked L 'Ie I • Lh a -d Apj,' and PlAWAA&M4 T J� , the Vice Prey ant and Secretary, res of W, K- Johnson Propertiesp Inc., a corporation Under the laws of the State of Georgia, to me well known and to be the individuals and offtcers described in and who executed the foregoing instrLment and who acknowledged the -execution thereof to be of "air own free act and dead as such officers thereunto duly authorized), and that the official seal of said • corporation is duly affix6a theret.o, and the execution thereo• is the act and deed of said•coxyoration. t. Witneps my hand and official seal this day 40f. February, 1980, in the County and State aforesaid. J ..�(4i -4.LAjhj . Rotaryf Vublic My Commission expires) NOUey Pub"M OMLA, Sul@ at U" My OwwnWon Eafts WC A06 190 REMWED MAY 14 200.7 PLANNING DEPARTMENT CITyOF'CLEARWATER i !ORIGINAL REICEfiM r MAY 14 2007 PLANNING DEPARiME'MT .CITY of CLEARWATER ' o.e. 5 010 sea 2158 EXHIBIT "A" That part oP the North 725 feet of the "South 1,575 feet of the iJ North 1/2 of section 8, Township 2,9 South, Range 15 zoat-; Pinellas County, Florida, lying West of the Center line of the right -af -.ray of Mandalay Road and $®scribed Begin at the intersection of the South boundary of Palm Street (now known as Papaya "street) and the extension of the West boundary of Gulf Boulevard (now known ae.Gulf View Boulevard) as said iS streets are shoam.at plat of Clearwater beach Oark in Plat Book lo, page 42, Pinellas county Records .for a Point of Begi;u►ingi .thence South. 899 59' 43" West to the intersection with the Mean High Water Line of the Gulf of Mexico to a point demighated as point. IA "; return to the Point of neg3nning; thence South 060 30' 52" west, 10.07 feat; thence North 89b 59' 43" East 251.63 feeti thence South 040 30' 5211 West 589:8e'Eeet along the Wort p boundary of Mandalay Roads, thence South 89° 59' 43" West 189.17 •feeti thence south 00. 001 1711 East 29.58 feet; thence South 890 59' 43" west to the intersection with the Mean High Water Line of the'Gulf of Me:iooi thence msander 3n a Northerly direction along the Mean High..water Line of the Gulf of Mexico to Point "A"; and being 10.245 acres more or .lose as shown ob plat of survey by Curtis J. Deyoung, P.E., P.L.S., for Jahn Taylor, III, i dated June 18, 19.79. !ORIGINAL REICEfiM r MAY 14 2007 PLANNING DEPARiME'MT .CITY of CLEARWATER ' .ti ��• 0, . t - ,80075565 00 c+•IAI� c�ewxcvkq; 43 Ifft' 4k R 1 D A PINELlm COUNTY TRRNSFBR OF GROUND LEASE 1. 0-R-8092 FuE 1741 For and in consideration of the a= of One Dollar (01.00) each to the other paid, the receipt and sufficiency of Which is hereby acknowledged, and otherr valuable consider- ations, W. B. JOHNSON PROPERTIES, INC., a Corporation of the state Of Georgia, hereinafter referred to as •Johnson ", does hereby transfer and assign to SQUITEL, a Joint Venture composed of Hyprope. a Georgia General Partnership, and The Equitable Life Assurance society of the United states, hereinafter re- ferred to as 'Equitel', all of Johnson's right, title and interest in and to that certain Ground Lease among John S. Taylor, I11. Mary Ann Taylor, Marion Jean Taylor carter, H. Richard Carter, Mary Taylor Hancock and Marry Hancock. as Lessor, and Johnson. as Lessee, dated February 14 , 1080, covering the property lying and being in Clearwater, Pinellan County, rlorida, being more 'particularly described.on Exhibit W attached hereto and Made a part hereof by reference. It Is understood and Agreed between the parties hereto that The Equitable Life Assurance society of the United States shall have no personal liability for the obligations imposed upon the Lessee under the terms and conditions of said Ground Lease. It is further .understood and agreed between the parties .hereto that The EgUitable Life Assurance Society Of the United states Day freely assign or sublet Its' rights, title and inter- est in the Grouad Lease and the property without. the consent of Lessor. Pre ed by: Rufus A. Ctrs Holm FOR par PiONX'R NAIiONAL- t17LE:INSURAPoCF COMPA r 2100 Peachtree Center Cain TUWerpF" fip,�I TIME GFfICZ } 229 Peachtree Street H.B. 1% AtlantA, Georgia 30303 ORIGINAL RECEIVED L w MAY 14 2007 - pIINING DEPARTMENT • �� ,, , t;,., . � -,rt �,a�•m+;� -� '�."` 4 CITY OF CLEP►M`' �'. v 2 915022 PAa 1742 IN WITNESS WMMOF, the usidersiqued have caused their handy =-A seals to be af Vixed this 19W day of February. —1 1980, r W. By At gOUITEL, a Joint Venture composed of jWrop' r a Georgia General partnership, and The Equitable Life A-.smraftae Soalety ,of Whs UnIkad States,, by Hypropof its Managing Partners Hypro 13y (SEAL)" Wa-a-agIng part"ff The undersigned, the Lessor un4or the Ground Lease, hereby acknOw- ,edge and agree to the texas and conditions of the abo-ve described transfer. WITNESSIMAn i;UWATayLor a xX (SEAL) Nation an TaY1OZ()CaVtCr _(SEAL) B. Itichard Carter 4 69 md(A 04a-C1^-- (SEAL) Mary y eaneoc (SEAL) Harry Njjj�cock VRI INAL -2- REMNED MAY 14 2007 ._pjpWIN� DEPARTMENT CITY W, I V .. tD.F. 5 0 2 2 m17X5.3 STATE OF GEORGIA COUNTY Or DkKAJLB ACKNOWLSDGMEIRT Before sm Pereonally appeared 9j(1jAMj:::5ff J Chairman of tkV Board, and -6e0EqP-'&(6Wh,-= -.-, secretary, of j W, B. Johnson PropertiM, xna-,- a corporation under the laws of the State of Georgia, to me well known and to be the. individuals and officem described in and who executed the fdregoinq.Lnzt=' 3namt and who acknowledged the :execution thereof to be of their own free act and deed as such officers thereunto duly authorized; and that the official Goal of eald Corporation in duly affixed thereto, and the execution the.Veof Is the act and deed of said t corporation. Witness my hand and official seal this day of February, 1900, in the County and State aforesaid Hotary..Publ2c My commission expires: STATE OF GEORGIA CoumTY OF DEXALB ACENOWLEDGKONT Before me personally appeared A)II&► partner. of Hyprops, 4L Ckorgia General Partnet6hip, Managing Partner Of 8Quitft3r & Joint Venture CDXVMHSd Of BYPrOPS, and The 13guit- able Life Atsurance Society of the United states* to me Well known (0' INAL and to be the individual and officer described in and who executed R WED the foregoing instrument and who acknowledged the execution thereof MAY .4 2007 to be of his own free act and dead an such officer thereunto duly PLLANNIN EPARTN autborizeds and that the official seal of said corporation in CITY ®F 1EARWA1 duly affixed thereto, and thsexecutLon thereof in the,act and V deed of said corporation. Witness ow hand and offiekat seal this I qj&dy, of LA February, 1900, in the County and State aforesaid. Notary Public 14 My co=missibA expires: MY C011YB-9&1{EWk"'sW1/. . ..... O.R..r] 0 2 w PAGE % .1 � `• STAIT OF FLORIDA COUNTY OF PZNSLLAS ACKNOWL90GMM 1 safare toe personally appeared imm S. TA=ii, -xII, ?` l' UY AM TAYLOR, DmARzou J=AR TAYLOR CART$R, A. JUCHARD CARPER, MARY TAYLOR HANCOCR, and HARRY RANCOCK to me well Icnowa and to be the individuals described -in and who executed the foregoing �::•_s; t; instrument and who actcnowledged the execution thereof to ho .of their own free act and deed. L witness my hand and official seal this day of February, 1960, in the County and State eforasaid, �a a ve y Notary c .,• My cozoalssion expires+i• "` X 170 v • Nol1ry p40Gc Shle al floetd,..� 7we� �/ : 7 j " F r " t ORIGINAL -a- RECEIVED `'. MAY 14 2007 PLANNING DUARTMENT CITY Of CLEARWATER _ ��.: _ —.— '++•4••tir+•,v.n. _ -n .ar• ._.. ...- wara.rwr.om.. �.sW. w.: k.orr+ -.., -1 r ,�. � AI • t• �' �% �7F. a, iP7 .lriac�aia•xr+.Aat...•..+... ;.a ... � _ _ ;ark, O.R. 5 0 2 2 PACE 17 4$ EXHIBIT W That part of the North 725 feet of the South 1,575 fact of the North 1/2 of Section 8, 11ownahip 29 South, Reug® 15 Ernst, Pinellas County, Florida, lying West of the center line of the right -of -May of !?andalay Road wnd described aB+ Begin.at the intersection of the South boundary .of Palm. Street (now known as Papaya Stree t) and the extension of the West boundary of .Gul! Boulevard (ho* knoirp as'Gulf View Boulevard) as said. streets are shown at plat of Clearwater Beach Park -in Plat Book 10, page 42,. Pinellas County records for a Paint of Beginnings thence South 89 deg. 591 03" West to the intersection with the Gulf p mean mean high Hater 'Line of the of Mexico, to it point designated as point "A "1 return to the Point of Beginning? thence South 06 deg. 30' 92" West, 10.07 feett thence North • 09 deg. 591 43" East, 251.63 feet$ thence South 06 deg. 301 52" West, 689.88 feet along the West boundary of Mandalay Roads thence South 89 deg. 59' 43' West, 189.17 feet; thence South 00 deg. '00' 171 East, 29.58 feet$ thence South 89 .deg. 591 43" West to the intersection with the Mean High Water Line of the Gulf of Mexico; theme 'meander in a Northerly direction along the Mean High Water Line of the Gulf of:Mexico to point "A "7 and being 10.245 aertm more,or lose as shorts on plat of Survey. by Curtis S J. DeyouDgr V. 8., P. L. ., for Jobn Taylor, 111, dated June 18, 1979. r I ORIGINAL RECEMD MAY 14 2007 PLANNING ®EPARMENT Cny OF CLEARWATER rt fx. r Q C E M tr f i t ,r i i 1 s A s SSOS3068 TRANSFER OF GROUND L8118B I +.. J" -0 �'.:J :b 1,5953 1491 FOR "D IN CORBID8MTION of tb* sum Of flne Dollar ( 41.00) each of the *that paid, the receipt sod sufficiency of which is hereby acknowledged, and other valuable Considerations, TU RGOITABL8 LIFE ASSURAW= SOCIM OF T88 9311M MT", a New York Corporation, individually .and as a AM 40 % M 3oiet venturer owning s 501 interest In 6GDITRL, MM - ll ti , s Venture, and MROP8, a Georgia General Partnership, MAC $7. bb irA'V14u&Uy and as a Joint VBntuser•0WRIA9 a 501 interest in BOOM* a Joint Venture, does heeeby transfer and assign to EQOI'tib, a Florida General Partnership, hereinafter referred to as ' Partnership*, all of Joint VaatUres right, title and interest In and to that certain Ground Lease among Bohn S. Taylor, III, Nary Ann Taylor, Nation.Jean -TAylor. t;artee, J. alahard carter, mazy Taylor eanrcock and marry son. k, as Lessor, and M. s. Johnson. properties, Inc., as lessee, dated February li, 1900, assigned to the Joint Venture . by instrmest dated Pebruary 19, 1960, covering the property ITID9 and being in Clearvatee, Pinellas county,. Florida, W.ng more particularly described an Inhibit W attacked hereto and made apart hereof by reierenoe. it is understood and agreed between the pdxties :f hereto that The equitable Dife.Assuranee Society of 'the .United •Y States shall We no gersonal liability for the. obligations imposed upon the lasses wader the terms and conditions aE p is, said around Lease. u DS IN UITNWS WHEm>r, the undersigned have caused 131ra Td �° heir hands and seals to be affixed this L Ay of Nareb, 1955. ' Signed, sealed and delivered SGJITP.b, a joint ventures -� i•a the presence of$ The 8quitable Life Asauranc¢ ' zgilf Society of the United stat"; F a Now York Corporation, r individually and to a veti �irWt in 801"", a Joint veati;' ; t ®RI DIAL _ a s i irf �:• ,'•. ' . R� I ECSy r�d e r Yrc fQrs..iirnF 1 -•i(Corporate Seal) ' •� ' MAY 141007 '•? _PLANNING DEPARTMENT UY OF tLARWATER :;.. o.t.59S3 act W4 . Sighed, .:sealed and delivared "090PS, a Gaa General `P&rth rshiP, �* in tde :presoos.. afi ` ,- 1Wl eyt r itansging tnzop +�'indivlduslly end aa:a y ventsa^ex sri mqui�., a Joint Ventres $fire or GROACZA � coum Olr VOL"" -, shore so parocn:_2; gpra_r �' V13-1 I.== a..Jobftcan' ' i managing Farteter of 8yprvps, to see well known and x to 1 i .. bw the individual MDo w:ecuted the foregoing inetrvxgsc. Witness my hand &PA official seal this L day . as March. 1985. (Notarial Seal) My ccoissiea espiress " "ebryP4k&Vr81%adaieLaw ,; .:� *b QWW*4ion EgQW here 1% low ' MT.2os .. cMyvr: oy . - aef"ewsa ye.'oanally appeared «;,: .r'�, life+/r� W tlse_ YI of Tba Equitable Lie Ad-1 raaa44 Sao etp �, mt n 8 a e to Re Well known and Im na to be the Individual wbo eracuted the foregoing .instr=Ont. Wi. those my band and official meal thia day of narob, 1985. . eo ary r Q. s; Mp caimmission espirest .' 1 �^ r ORIGINAL , RECEIVE[ ' MAY 14 200T PLANNING DEPARTMENT CITY OF CLEARWAYER • 6 i y �.l 4 Y 0 r1 U 4;1.5953 ;im 905 flat put of the !lamb 731 feet of. 08, S"b 3.571 .foot. Of tbf uort% % of BMICvr 1, lOKlv5iilD n .S01 . Mau u Lat, Fleillas C1mty.- i11114, 1111S vast of %he comer 147N of the "toofNn7 of NL*& ay lsed aril detcAw 60. N�1a u tM i�toraoetift of *it: Sae10 boUft" .af hh Stfat VWW Naa q ;6pq* an" a" the osts»iaa of tbs wst ��► of OW! 10Nlwi>rd (aor >� ft If 1►14a Sarie�arru as sali attests aro sbM at Flat ft Cle" ater Sateia ft* in flat hook l0, pw o!, it flist City tecoat for t i�tlat �f laa ; tbssn IlartA its ► Ss•ai° *m z Ilia lne mostlaa "ta 1100 a n tlls Mrioe Pass sf tM %it at ftx1 a to a. peist i> "Velod a Bart •w"; sotm to The %ut of vN;lValy: tisaeo vlonth 06 $j. 443' Mono 10.07 loft; tbeuq IlattA M . ivi•t3�' Salt 151.63 feet to Won Sri at 1Mdaty Reaii Omm" Stb 06. ft. 3109111* brat us." tin Slang tM WE% `oadaff. of Mgwaly► fosd; tMat1 soutb -aos.. Sf'aS" Vat 14.17 hKi llNaoa aUft -00 MS. 001114- Sia! ts.vtis l�sbt; sl+ead NotA p s. 11'43•' vvoat to ev►a tatllaseti4u tr1tM t1a am sit% Wtas Um of tw Wt of Nmdco; thoaea maedee 1a a Ib1wrtr Aivection al"S tN NtM Sd mor Lift of as :6416 of avrai;o to -ftlat "J►".. lM #A "M t"% M4txe1 llrsdsd to t!M Jtf of C1en+ftte; .fao .erpaloa rM atla as s"W*g W ifni � 2a, "r I"$ wiy. suetaar &=fib" W svi art1 COMM"L St aw A suaw of sUe sbrodemUM ma sei ti`wa ra N. O dy. 301.620 N. 350." jWt city tat Wet giSW -of -way liar of Wri taisp bead to '• piat, "m Pat" i r s , fiat ail* list 1201.5 last ft"b of the UM bowdsty of GO"VasaAt WA - isetia S, ssMa p 21 ft", f lyp 1S fuss; tbom t>A, S. a 44 39'Is" vr., 1411.14 of .P- -i�t•$ 4f•oa.2 i ft m* ma S. 71 NS. '.21" f. 71.04 teat w • it> • saU pfist �e1y !0 fate %§% of tar iratsf it~.:t + er'_ -ate -g cse�lzo Chow no 10 MS. 541W L.. 10.00 fat ai a 210fati tbaato ■. 7! 4fta 151121" 0 so trf .... > I ilea; 9%iac. Saltier$ a1o�S tbs iaw �a rater 15at rely la [ate a s Join; Oft" S. " ft, ley' =L' t., to Sm 6.0.5,1 holy a fe pm1ftu 3f issNi s■ewr of &"Is J. "re". CM04tiy 6tia ere .Nato[ Juno as, son as rwlaN tbt Affil 17, ionic MM Lim AM UMS tASCM ti .Aiw 4 g*" U tto UV of C1O8s.nt6r :as *"*"N IS 0. t, wt uft' pap 2l12. Vd fx%M 6 Ailaedsd to cbe City -of Clssmtor ss TwA rded in O. R. an* 6211. Dap• 2134 sad =i =s, PAUL molts of f "llas Comtvr. ilorlda. ORIGINAL. RECEIVED i i. s MAY 14 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Clearwater Surfaide 0 • �•'g nW g 98- 048354 PINELLAS COUNTY FLA . 19 FEH 18, 1998 1:1DPH OFF.REC.sx 9996 PO 1024 ANUMMM To Momm UAW �� N. DJILE YAeai MY1f �!E 1� THIS AMENDMRNT TO GR ND LEASE (the "Amendment ") is made and entered into as of the day of February, 1999, by and between John S. Taylor, iII, Mary Ana Taylor, Marion Jean Taylor Carter, R. Richard Carter, Mary Taylor Hancock and harry Hancock .r (collectively, the '"Lessor') and Clearwater- 5urf4ide hotel Trust, cRIC Delaware business trust (the "Lessee") - WI KITIIEE SEX IL: MIT Mme_ NHHREAS, Lessor is the current landlord and Lessee is the a"_ current tenant under that certain Ground Lease dated as of M _-+�— L`sY��.`�aM.r �Q, iv.�rQ buvvirw. icvoVL a?a*i w.�• v'Va`ua.1VTa civl+.ec�i8:f, arwM IrtC. (� -tithe - Lease") . A11 undefined capitalized terms used herein q+y, shall have the meaning set forth in the Lease: and 'r wmRFAS, Lessor and Lessee have agreed to amend the Lease as more $articalatly set forth in this Amendment. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.0o) and other good and valuable consideratios, the receipt '-5 and sufficiency of Which -is hereby acknowledged, the Lessor and Lessee agree to amend the terms and conditions of the Lease as ?.�._ follows: Y 1. Notwithstandinq anything to the contrary contained in '. -5� the Lease and specifically amending Section 10 of the Lease, Lessee and Lessor agree that any Lessee has the right to mortgage t... only its leasehold estate granted under the Lease and Lessee further acknowledges that it does not have the right to encumber Lessor's interest in the Demised Premises with any mortgage. 2. Except as modified by this Amendment, .all of the terms, conditions and covanante of the Lease shall remain unchanged and f ..st in full fares and effect. ',. 3. This Amendment shall be binding upon the Landlord, -.'' -,.,• Tenant and their respective successors and assigns.`;;:: ' DA ��619 3:87:21 `�?:�y.�• • • cry M RiCM S 121.96 i e�r.r 'pr.�r.� _ �+�.•�v., TITAU 14AY 14 2007 pLANNING DEPARTMENT CIT OF CLLEA WA I( • • • - .t PniBLus CCmy FIJI. OFF.REC ■HR 9996 PG 1025 IN WITNESS WHEREOF, the Lessor and Lessee have executed this Lease as of the day and year first above set forth. UsawVoo o■ Mary Sub Taylor •- Marion Jean IVY2.0c cartoij a. Richard Carter Mary JOY2*Nq Hancock Barry A ck Mom: CL8i1R917d' R 130TEL TR=r a pet tcumt 0: y; b Mucha Tits t .. ORIGINAL RECEIVED MAY 14 2007 PLANNING DEPARTMENT CITY OF CLEARWATER r ems+ a �..■ r..�� •� PnmLIM Ca�li:Y • STATE OF OFF 9SC y99 9995 PG 1D2:fi COUNTY OF 1 I HERESY .CERTIFY that, on the. fdlAk day of February, 1598, before tae, an officer duly authorized in the State and County aforesaid to'take acknowledgments, personally appeared John S. Taylor, III, who executed the foregoing iAstr=ent and acknowledged to and before me that. ire did so volimterily and .for the purposes not forth therein, and who is peersonally known'to me /produced as . 40enrMrXCaZ10a. • t''1 t n .� I! Notary Publio,'State of Name:., Cotmnissioa No. Ny Camatissf.o �-? . (Notarial `Se � ;�'�_ 7I ..•. STATE OF al" ��r )as. Comy of I ; i I HERESY cwTirf that, om the 1-0* day of February, 1998, before me, an officer duly authorized - in.the State and County aforesaid to take acknowledgments, personally appeared Mary Ann Taylor, who executed -the foiegoi -nq instrument. and acknowledged to sad before me that she did so voluntarily and for the purposes set forth therein, and who is o m produced as .ide Fitt on. abode�. Notary public, State of Name, • Coimnissioa. No. Hy cams Sion e (Notarial Seal) ORIGIM RECEIVED s MAY 14 2007 i PC TY Of LEARWATER� tMING .4 • 0 pnmLL� COUNTY FIs. STATE OF 1 pFF.REC.BS 9996 PG 1029 } ss: COUNTY OF �'.�_ ! - ---- ..�� - -•- - -- - -.._ - ti. t.� Z HEREBY CERTIFY .that, on thd: day of February, 1998, before me, an officer duly authorized in- the State and !=.av r qs� to take ac o14 Pethe �� ...- Of CLEA. TER - SURFSIDL BOTZ ,TRUST, • i(bb executed the foregoing iaatzment and acknowledged to and before •me -Wiat he'did° s and for the purposea set foictb therein, and who is' ily'' -kno to me /produced as _14entIfIcata on. Notary PubZi� State of ms`s —k%� - Commission* No. N=ioo c =iea e f (Notarial Seal) • _ DE1MR�l stRl�lf . �'A�d E111AA�e . t�nus►i�ee�.E�it�a ltowmbe 13.120! - a ORIGINAL RECEIVED MAY 14 2007 _ p}ANNING DEPARTMENT CIiY OF CLEARWATER ti LKST 6 98- 048355 .T Ffi8 Is, 1998 1:10px a��e•ta• r ti r ASSZOMMEW ASD ASSUdMMI AM=KoiP PWLILAS COOMY FLA. OFF.REC.$R 9996 PG 1030 zMM TRIs AssIaNmEn AND ASSUMPTION REEMEHT (the "Assigniant11) made and "entered into as of the day of February, 1998 (the Effective Date") by and among Clearwater Surlside Hotel Trust, a Delaware business trust (the "Assignor"), American Genexal Hospitality Operating Partnership, L.P., a Delaware limited partnership (the "Assignee ") and John S. Taylor, III, .Katy Ann Taylor, Marion Jean Taylor Carter, H. Richard Carter, Hary Taylor Hancock and Harry Hancock (collectively, the "Landlord "). WHEREAS, the Assignor is the current tenant and Landlord is the current landlord under that certain Ground tease dated FebiaarY 1980, between Landlord and N.B. Johnson Properties, Inc. (the -�� m,yt 3fA2, /V PHEpM, Assignor and Assignee have entered into that certaid mDf- Contrast for purchase and Sale of Hotels dated November 26, 1997 as amended by that certaiJX Amendment Ho. t dated as of December 19, 1997 (collectively, the "Contract'), which Contract provides in part that the Lease shall be assigned to and assumed by the Assignee? and, n �Y X C NHETEAS, this Assignment Shall memorialize Assignor's assignment of the Lease to Assignee, the Assignee's assumption of the Lease, the Landlord's approval of such assignment and assuaq�tioa and the 7.andlord's release of the Assignor from.eertain obligations under the Leave. NOW, THMF+ORE, in consideration of the sum of Ten Dollars (810.00) and ether good and valuable considerations, the recSipt and sufficiency of which are hereby ackaoxledged, the Assignor, Asaiqnee and the Landlord, intending to be legally bonne!, hereby agree as follows: 1. a ";t. The Assignor hereby grants, baxgains, sells, transfers, assigns and sets over to Assignee, all of Assignor's right, title and interest in and to the Lease. 2. �►ecenzwe�_9 skignumfien. The Assignee hereby accepts all of Assignor's right, title and interest in sad to the Lease and hereby &samse$ all of the obligations of the Assignor under the Lease from .and after the affective Date, including without limitation the obligation to make all rental paymanta due under the Lease. The Assignee shall defend, Ind�ify and hoLd hasmlgss the Assignor tv m and against any and all claims and loss resulting fray Assignee's failure to perform its obligations under the Lease gonna sad after the z9factive Date. The Assignor shall defend, W !I TtRE1&I�II�E , M p i� K MLEW1�1Yii91Y$tEt� ' TAB RQM MAY 14 2007 PLANNING DEPARTMENT CITY OF CLEARWATER • :µ a PI14ELLAS COU"Y FLA. OFF.ggC'.SH 4996 PG 1031 Indemnify and hold harmless Assignee from and against any and all claims and loss resulting from Assignor's failure to perform its 4 obligations under the Agreements prior to the Effective Date. r 3. Landlord Consent. Landlord hereby consents to the assignment and aasumption of the Lease evidenced by this Assignment. 4, s blignr� . Contemporaneous with the execution and delivery of this Assignment, Assignee proposes to enter into a certain Lease : Agreement (thee "Sublease') with AGH Leasing, L.P., a Delaware limited partnership ("Subleases,,) pursuant to which Assignee intends to sublease all of Assignees right, title and interest VA. and to the Lease and the Premises. Landlord hereby consents to h• Sublease, provided that at all t#mea the SabA�easa shall be subjpct to the t�s of "Ttia G+e�ae." riV g. Beyg�.$. The Landlord hereby reieaees and discharges the Assignor from any and all obligations (including without limitation the obligation to make rental payments), claims or losses relating to or arising under the Lease. g� Snae gganp And-AnAlSm. This Assignment shell inure to - the beAefit of and be binding upon the Asaigaor, the Anaignee, the Landlord and eaeb of their respective beire, personal representatives, successors and +assigns. 1. GM -45 ^Arts. This Assignment may be executed in one or �- more counterparts, each of which shall be an original but all of which shall together constitute one and the same Assignment. In WITMSS NEU OF, the Assignor, the Assignee and the Landlord have e xecuted this Assignment as of the Effective Date, signed, seeded and delivered A882awsts in the presence of CI.SA1lWAT&R gMt&ADB ROlSL 'L'ROST, a 7. By: Ti ORIGINAL RECENED MAY 14 2007 - PLANNING DEPARTMENT .� CITY OF CLEARWATER • Name: Name a IP I a a PIMT'LAS Coum FLA. OFF.RZC-BK 9996 PG 1033 % H. Richard CAXtGV 14aty jtayl# Hanr-odk Harry BaAkock tdaerte STATE OF COUNTY Or � I HEREBY CERTIFY that, 00 the 121k- day of rebzuajcy,, 1090, before 09, an offer duly &uthvrj=gd in the State aad -take a act personally appeared t the k%tLA . of CLENRWAM SUMICZ HCM TRUST, who executed the f0re1joing instrment and'acknmiefted to and before he did so ve cuam We thim - y V the purp"68 Bet forth theraine, and who Is cmally,.k�zkqsin to �voduced c ftd—E ts-oule as on "1 ca Notary Public state of -01�egz& Run g 4 ftumieiloA No. my ccuninsion expi'vess (Notarial seal.) bm"0=2 dh�qn*w vft oo. . ........ I"- ORIGINAL RECEPIED MAY 141007 PLANNING DEPARTMENT CITY OF CLEARWATER =I -m ok STATE OF • )ss. COUNTY OF ) 0 I I 0 . . . PINELL11S COUNTY M.; GFF..RBC.SK 9996 Pa 1034 I BBREBY CERTIFY ,that, on the 2A day of E�ebleuarY: 1998, before sae, an officer duly authorized in- the State and unty afore to take ac xled t scAilly appeated � the 4L of AGH Gp, Inc., the general partner. of American General Hospitality Operating FartaersRip, L.P., who execated the foregoing rnment and acknowledged to and before me that he did moo %l ntari y a purposes set forth therein, and who L'. rsotall kno�rs: to produced as Identification.. Notary -public, State of Vs,#« -�gjffd Name Caamiasiost do. My Co=iasion expires: lNotar it Seal) STATE OF Dp }ss. �w�f�iS1� COMITY OF I MSMY CERTIFY that, On the :J'A • day of February, 19980, before not an ofliaer duly authorized is the State and County aforesaid to take ac]eaoeledgments, personally appeared John S. Taylor, 111, who Qxeeated W joregoiaq instrament and aclmoxiedged to and before we that he did so 1►olnntaril and for the purposes set forth therein, and xbo ie ideatifiat owa o produced as c on. C'N _ nne Notary Public, 'state of Nam: commission no U. warAw My Camiesicn ire .�aa�� (Notarial Seel) ORIGINAL RECEIVED MAY •14 2007 a PLANNING DEPARTMENT CITY OF CLEARWATER STATE OF ) }ss. COUNTY OF JLW-- ) • PIMLLA$ COUNTY FLA. QFF.REC.BR 9996 PG 1035 I HEREDY CERTIFY that, oa 'the . day of February, 1998,, before* me, an officer duly authorized In the State and Cownty aforesaid to take ackikavledgmerts, peraoaally appeared Mary Ana Taylor; who executed the foregoing instrument, and acknoxledged to and before.me that she ' did ,ao voluntasit and -for the purposes set forth therein, and who i a o produced as•identificatton. • e� =,mss _D: -�-- - Notaxy lublit, - State of Commission No. MY 'Commission - - CENmso Hates • twrmerw��cst,�av�ci - ao�aur eiortt�r�v�u !Notarial Sea STATE OF ) covm OF �) I HEMBY CERTIFY that, on the .: A day of - February, 199@, batore me, an officer dull► authorized in 'the State and County aforesaid to take acknowledgments, personally appeared .Marton Jean Taylor Carter, who executed the foregoing instrmeat and aebmwriedged to and `before me that s /he did so voluntarily and for the purposes set fortis therein, and�o is tfmrseaaliy known to _galproduced as identification. _wjr -- --- , __ Name: Cgapp�ssion B My c4cmissil sr�aF a4oc�e�oN t+so► oas►nv motarial Seal ORIGINAL MAY 14 2007 s PLANNING DEPARTMENT CITY OF CLFARWATER STATE OF i plmmtm COtAQTY. FLA- }ss. OgF.92C.BR 9996 PQ 1036 coam OF i SERSBY twirY that,_ on the . day. of February, 1098: before me. an 4ff1ear :dulY euehc�xired• -in xhe state and County aforaaa'd to .take acknowledonsate, perao"lly, appeared R,. Ai_.__a inatrumerit atiid ac}moxledged to Csstsr, tdia exsouted the forragaidq and before sue that he did '@* valantaril end -tor the parposee net forth therein; and who i to _ produced, &&Lamas i eRtif cn. rotary Public-, ,State of � name., Caeam tsaton-• ft ![y C=fsaion s p AMU (Notarial sea STATE OF �) . ? as: COU"Y OF p I SBRSSY CERTINT that, an the da of Februa * Y ty, 19981p before me, as officer duly autb*tized in. Oka State and County aforesaid to take acknowled9owta, personally appeared mazy Taytot aum=k, who emacted tae foregoing fnst=meat. and adimowiedged to ,Y and before me that she did. �oluatsri,ly and for the purposes not a forth thsreit►, and- who Is long prodctcsd as identiticatiod. Notary Public, state of Comenisaon No. My Caamaissi ttaa arial +�ts�van ORIGINAL RI/E® MAY 14 2007 PLANNING DEPARTMENT' ' - „-`w •;•,,• a a w .i % OF CLFAtMTTF , PINELLAS COOMW M. STATE • a F 9996 PG 1037 Comm OF r -.1 MMY Cz*21ET that, on the day of:lreb na ry 499S." beftre me* '41i.:dffiiez duly. authorized in'tho State and Cbiinty aforesaid to. "ie. ack6owledgmante, perzon*lly appeared Barry Hanccek'r Wwo executed the �:Eoreqoinq' iliitz%=6nt and.,aciknouladged to and betoze.ne 'that,be:dLd'so valunta'Zi -Aii'd for the t AX 'purpbeen forth thet*19j, and iiho'.*ieS_erffwwXUv Anowri to , prod=ed As id—evitif -a-at notary-publLcr State of Names My as NOMY imus Fn _d-wim :31 41 AsMsam SUFMI'll Dw 67M - nag 3 M91364.60 TMw Q41jM&lq Cam MT.780=1 1249, coal ORIGINAL REMED MAY-14-200.7 PiANNING DEPARTMI-111 Cily O� CLEARWATER i It#: 2005228161 BK: 14377 1899, 06/13/2005 at 01, :05 CORDING 12 :PAGES $103:50 D DOC. STAMP COLM @-— ON $0.1 KW 8MUM , CLERK O URT PINELLAS COUNTY, FL BY DEPUTY CLER: LKDM85 PREPARED BY AN®OM AND RE Latham & Watkins UP 985 Third Avenue, Suite 100D, New York, New York 10022 -4802 Attn: Ill A. Lavauchie, Esq. Latham & Watkins File No.: 036901-0044. I�yl�S REtvlw TO: First,4nerlcan Title Ina: Co. 25400 US 19 !r, Suite 138 Clearwater. F4 99783 Above space reserred for recording offlee ASSIGNMENT AND ASSWdPTION OF :GROUND LEASE mERLSTAR H05PII ALrfY OPINING PARTNERSHIP; L.P., ASSIGNOR, and I. BROOKS:MARTIN, AS TRUSTEE UNDER THE MF,RISTAR CLEARWATER REAL ESTATE TRUST, ASSIGNEE Iunel3'2005 This instrwnent affects real and personal property situated, :lying and, being in tiie City of Clearwater; State of Florida, conunordy known. as the Hilton Clearv+tater Beach Resort, 400 Mandalay Avenuo, Clearwater, Pinellas County, Florida 33767, T is }NST u mENT CONVEYS AN UNENCUMBERED °m2nST IN REAL PROPERTY TO A TRUSTEE UNDER F.S. 689.071, AND IS'EXEMPT FROM.13000MENTARY EXCISE TAX TO THE EXTENT THE ASSIGNOR IS THE BENEFICIARY OF SAID1RUST. F.A.C: 12B- 4.0.13(32)(0). NY110011�92 06- 13.2005 0922 I.Z pq ;. lo3.ro 3,60 FI141;LLAS COUNTY FL OFF. BK 14377 PG 1901 go appertaining to the Premises, including any and alt easements and other rights appurtenant to the Premises, and all of Assignor's right, title and interest, if any, in and to the land lying in the bed of any street or highway, opened or proposed, abutting, in front of or adjoining. the Premises, to the center line of such street or highway, and in and to any strips or gores abutting or adjacent to the Premises; TOGETHER WITH all of Assignor's right, title and interest, if any, in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to the Premises by reason of ohange of grade or a closing of any such street or highway, together with all right, title and interest of, in and to any streets and roads abutting the Premises; and TOGETHER VVrM the appurtenances and all the estate and rights of Assignor in and to the Premises and the Improvements. TO HAVE AND TO HOLD the same unto Assignee and .Assignee's successors and assigns forever, subject, however, to the terms, covenants, conditions and provisions contained in the Ground Lease. Assignee hereby assumes the Ground Lease from, and after the _Effective Date and agrees, for the benefit of Assignor and the other parties to the Ground Lease, to perform and discharge all obligations and duties of Assignor under the Ground Lease from and after the Effective Date, for the rest and remainder of the term o f the Ground Lease. This Assignment and Assumption is trade without representation, warranty, . guarantee, or other assurance or covenant of any kind by Assignor, and without recourse with respect to Assignor or with respect to any of the partners, officers, agents, employees, representatives or other constituent entities of Assignor, and Assignee accepts the Premises in their "as is ' condition, except as expressly set forth in this.Assignment and Assumption, and as follows, Assignor represents and warrants that it has not previously. assigned the Ground Lease. Lessor hereby consents to the assignment by Assignor and assumption by Assignee of the Ground Lease evidenced by this Assignment and Assumption. Contemporaneously with the execution and delivery of this Assignment and Assumption, Assignee proposes to enter into a certain Second Amended and Restated Lease Agreement (the "Sublease with Meri5tar Hotel Lessee, Inc., a Delaware corporation pursuant to which Assignee intends to sublease all of Assignee's right, title and interest in and to the Ground. Lease and the Premises. Lessor hereby consents to the Sublease, provided that at all times the Sublease shall be subject to the terms of the Ground Lease. The words "Assignor" and "Assignee" shall be construed as if they read "Assignors" or "Assignees" (respectively) whenever the sense of this Assignment so requires. This Assignment and Assumption and the rights of the parties hereunder shall be governed by the: laws of the state in which the land is located without giving effect to conflict of laws principles. M1100117 01 46-13 -2005 04:22 PINELLAS COUNTY FL OFF, HK 14377 PG 1902 . • $iNELLAS COUNTY FL OFF. RLJBX 1337'7 PG 1,903 tN WrMSS VAUMOR, Assignor and Anignee:have executed this Assigument.and Assumption of Ground Lease as of the Effective Date.. Witness Name: V1R471Af,Gw63E Witnesg. d nd Name: �+y l cK�h.'°'t 1 i ASSIGNOR MERISTAR HOSPITALITY OPERATING PAR"INERSAI ; LP., a Delawazt Ernited part°p By: MERISTAR HOSPITALITY CORPORAMON,.a Maryland corporation, its general partner. By: Name: L Brooks Martin 'title: Vice President, Tax and Assistant Secretary Address- MeriStar Hospitality Operating Partnership, L.P. 4501 N. Fairfax Drive, Suite 500 Arlington, VA 22203 Ann Jerome J. Kraisinger, Esq. [Signatures continued on following page! 03.30.2005 15:05 P3!WLLAS COUNTY FL OFF. REr 14377 PC 1904 V1Ttness: Name:R�yTitE.L1�cS Y % itness: d4t4)G:� Name: lifl;14 AAac'y -' � ASSIGNEE J. BROOKS MARTIN, as T nistee under the MeriStar Clearwater Real Estate Trust, it Florida statutory trust establisbed under F.S. 689.071 B}+' Name: J. Brooks Martin, as Trustee Address: 450114. Fairfau Drive, Suite 500 Arlington, VA 22203 [Signatures continued on following page] rm1001179.2 03.30.2005 15:DS t PINELLAS COUNTY FL OFF. Consented to and approved. 14377 PG 1905 Witness.^ By:• Nsme: A navcw 7. j7.o do i r ?^, Nat Witness: Larne: John 5. Taylof, III ' Ibvg0 '1 ccne ed, S. C learw-a kr, FL a3-756 Witness: Name: Aridpc W 7. �i tidal e,3Tr. Name: Marion Jean 4y, or Carter Witness: Adams: f739 Bellor' Ofd. Name: C(cclr"Jer, Fc 33 ?56 Witness. WIZ4, P14 Name: .Rr�dFCW %� °dnihC'�r' Name: M Taylar ancock Witness: Address: 1'7d49 6 e l►e a! - Name: C (earwQ kt, FL 3-375(o r Witness: By: Name: Andi<w � Ad 1 ,,fir Name: HarryHaA,,k Witness: Address: /7,q4? e e ( (?c, r 9 , Name: Clegru1 arlr! Ft 33756 NYNI 174.2 06-04 2005 16 :10 P2NELLAS COUNTY M OFF. RRIV 14377 PG 1906 FINELLAS COUNTY FL OtF. RE M 18377 PG 1907 ACKNOWLEDGMENTS ss: CiTYICOUNTY OF ) CaNreQ`' +vv A. ones r I,� a Notary Public in and for the , do hereby ce that J: BROOKS MARTIN, the Vice President, Tax:and Assistant Secreta:yaf MERISTAR HOSPITALI'T'Y CORPORATION, personally appeared before mt and, executed the foregoing lnsttumenvand acknowledged to and before me that be did to voluntarily and for the purposes.set forth therein, and who Lia perso&W1v knows tb me] OR [has produced as identification]. GIVEN UNDER' MY HAND AND OFFICIAL, SE: this day of Marc1111005. �: �, . ��. • ,, - No c ); My commission expires: f A+ 6 (NQ%UfAL SEAL) VA s ) } SS: COUNTY OF I HEREBY CERTIFY that on this day, before me. an officer duly euthorzed in the State aforesaid and in the county aforesaid, to take acknowledgements,, P °YP� J. BROOKS MARTW, as Trustee under the MeriStar. Clcerwater Real Estate Trust;. who is aer�ona1b owa to me): OR [has produced as identification] and who executed the foregoing instrument and she acknowledged before me that: she - executed the same. GIVEN UNDER MY HAND AND ffm "TAR L SEAL) 'OFFICIAL 5 7<!; y f March; 2005. No My Commission expires:' 3I O 6 W09011792 03- 10-20D$ 15.15 PiALLAS COUNTY FL OFF. 14377 PG 1908 • (NOTARIAL SEAL) STATE OF Play-rd ) ) ss: CITY /COUNTY OF_pt(16 k S _ ) 1, AndKvy T, A doilf,T-, allota Public. in and for the State, and County aforesaid, do hereby certify that �A 5. Toy lor. TII. personally appeared before me and executed the foregoing instrument and acknowledged re -me shat s/he did sa voluntarily and for the Purposes set forth therein, and rvho anally;known to ceri 1�4 as identification. GIVEN UNDER: MY HAND AND OFFICIAL SEAL this day of "Jo h?- 2005. Notary Public dnftW x Ram, k MYCOMMSMi ootsma My Co u'es: � z3 anon (NOTARIAL SEAL) 101°urr"rm"A STATE OF Florida } } ss: CrrY(COUNTY OF1 ne j 1rS ) 1, rldeN! Qadn"otary Public in and for the. State and County aforesaid, do hereby certify that fiqwffcnrt T c a rke , personally appeared before: me and executed the foregoing instrument and aclmowkdged to and nc-ftt s/he did so voluntarily and for the Purposes set forth therein, and who i o known to rodr�ced A7 %l4 as identification. GIVEN UNDER MY HAND AND OFFICIAL SEAL this /0 day of 70 ()e-- . 2005. ` Notary Public AbdMw X '� 1r. .MYt �l5?i: F7M ' November 23 20x6 ciom nrur roar rAr ewt�urcr,+er My Commission ex (NOTARIAL SEAL) PiNELI.AS COUNTY FL OFF. RE K 1077 PG 1900 • , STATE Of "r-V d Q ). ss: CITY /COUNTY OF Pine , i, aS I, Anavtwi Roa ikGTr, allotary Public in and for the"State:and.County aforesaid, do hereby certify that Matiy Tky ldr '4kn (miC , personally appeared before me and executed the foregoing instrument an(f acknbwl BedjQ_andAwA=4ie that srhe did so volunta 'ly, and for the purposes set forth therein, and who personal[y latown to in tiuced as identification GIVEN UNDER MY HAND AND OFFICIAL SEALthis L day of 2005: '. Arxliew 1 Jr. Notmy Public. oonrr+0 My Commissiotl exp' (NOTARIAL SEAL) STATE QF i 0 rf d c s9: CITY/COUNTY OF Pi () e I I ) I, AdniOa Notary Public in and fortth.e State and County aforesaid, do hereby certify that personally appeared before me and executed the foregoing instrument and ac mowledged to and bcfQm me that s/l a did so voluntarily and for the Purposes set forth therein, and who i onally known to rn roduced as identification. GIVEN UNDER MY 1 AND.AND OFFICIAL SEAL this 0 day of:. Un G 2005. Notary: Public 1�rtnt+�00 ei�nA+�eor�'sa� . my Commission exp' (NOTARIAL SEAL) NY0001179.2 0649 -2003 1610 PiNELLAS COUNTY FL OFF. RE K 14377 PC 1910 • EXHIBIT A LEGAL DESCRIPTION 7bat part of the North 725 feet of the South 1,575 feet of the North 12 of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, lying West of the venter line of the right-of- -way of Mandalay Road and described as: Begin at the inWrsectiou of the South boundary orPalm Street (now known as Papaya Street) and the extension of the West.boundary of Gulf Boulevard (now known as Gulf View Boulevard) as said street are shown at plat.of Clear 0ter Beach Panic in Plat Book LO, Page 42, PinallesCounty Records for a Point of Beginning; thence South, 90 deg. 59'43" West to the in . rsection with theme= high, water oftbe Gulf of Mexico, :taa poiw desipaw as Point "A" returm.to the Point of Beginning, thence South: 0b deg.. 30126 West, 10.07 feet; thence North $9 deg:. 59'43" East, 251.63 t=4 thenca South 0d deg. 30'52" West, 689.88 feet along the West boundary ofMandatay Road; tienoe Somh 89 deg. 59'43" West, 180.17 fact; thence South 00 deg. 00`17" Fast, 29.58 feet; d!ence South 89 deg.. 59'43" West to the intersection with the mean high water line ofthe Oplf of Mo ica; thence meander in a Northerly direction Wong .the :mean high water lino of the Guff of Mexico to Point "A" LESS AND EXCEPT Parcels B and D, deeded to the City of Clearwater as recorded in plEcW .Records Book $27`1. Page 2113, Public Recotds.of Pinellas County, Florida; AND LESS AND EXCEPT. Parcel C deeded to the City. of Clearwaier;as recorded in Official Rewr+ds Book 5271, Page 2120. and Official Records Book 5271, Page 2128, all of the :Public.Records of Pinellas County, Florida. A -1 tMI0011792 0340 -2005 15 :05 14: 2005240512 RX: 14396 2627, 06/21/2005 at 03-35 4EPUTY IRCORDiNG 3 PAGES $27.00 KEN BURKE, CLE COURT PINELLAS COUNTY, FL CLP.RK- CLEDMC 3 13Y «Y RETURN TO: � { First Amedcan Title Ins, Co. 25400, US 19 N, suite M PP PAGE 1 ++ Clearwateq FL 33767 �V Tie First state I I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "MERISTAR CLEARWATER REAL ESTATE TRUST ", A FLORIDA STATUTORY TRUST, WITH AND INTO °MERISTAR CLEARWATER, LLC" UNDER THE NAME. OF "MERI$TAR CLEARWATER, LLC", A LIMITED LIABILITY COMPANY -ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE SIXTEENTIH DAY OF JUNE, A.D. 2005, AT'10 41 O'CLOCK A.M. 3898308 8100M 054503860 11 1 -f r- t Hartiea "th Windsor. Secmmq d State AUTHENTICATION 3956024 DATE: 06 -16 -05 PINELLAS COUNTY FL OFF. RE K 14396 PQ 2628. • state of Dalanam go- of 9taLa Ltfvdaica .of- CaznetMUMV &Jjvered 10:44 JW 0611612005 FZ= 10:41 AN 0611612005 MW 050502682 - 3898308 1= CERTIFICATE OF MERGER. OF mERISTAR..CLE.ARWAL'ER REAL ESTATE. TRUST (a Flarida statutory trust established under FA. .68.9.671) into MElt1STAR CLEARWATER,.LLC (a Delaware limiudlisbilitycompany) Dated: Jima 16" 2005 The undersiped limited liability company formed and existing under .the Igws of tko Stale of Delaware, DOES HEREBY CERTIFY: FIRST:. The natne.and jurisdiction: pf fm-matiorr.or organ utiert of each of the constituent entities which is to map. are as :follows: flizisdis tiott of NMI Formatim or chmani7,atior Meri Star Cle water heal Estate Tract Florida:. MeriStar Cle wwatur, LLC Delaware SECOND. An Ag cement and Plan of Merger`Has beau approved sod executed by (i) J. BROOKS MARTIN, AS TRUSTEE UNDER 7 E MEitISTAR CLEARWAM, REAL k'STATE TRUST, a Florida..statutory trust established uaderF.S. 689.071 -Qbc. "Trust"}-and (ii) MERISTAR CL,EARWATER, LLC, s Delaware limited Iiability company .(the "L'): THIRD: The name of the surviving domestic limited_.liability company is MeriSlar Cl earwater,11r- Fouuw The metes orthe Trust into the LLC shall be affective immodietelyupon the Sling of this Gertiticate of Merger with the. Secretary of State of.the State of Delaware. FIFTH: The executed. Agreement and Plan Of Merger 4.0n nn file at :a Place of. business of the surviving limited liability company: The address ofsuch place .of.busiam of .the surviving limited.liebility company is 450.1: N_ Fairfax Drive, suite 500, Arlingtbii, VA 22203. Sl?CTIL A copy of the Agreement and Flan of Merger will be furnished by:thc surviving limited liability company, on request and without cost. to any member, of the LLC and to any person holding an interest in theTntst. -I- WIMPIA.1 P_INELLAS COUNTY FL bFt', RE BK 14396 PG 2629 IN WM ESS WHEREOF, M USTAR CLEARWATER, LLC has caused this Certificate of Merger tD be duly executed, MERISTAR CLEARWATER. LLC, a.Delnwam limitcd liehik company C: 5J.' v oJ3Y'r/.: 1-ide: Authorized Signatory -z WYUO MI F L O R I D A PINELLAS COUNTY GROUND LEASE LDLt. juir'S G�c This Lease, made as of the 1 y day of 1980, by and among John S. Taylor, 1II, joined by his wife, Nary Ann Taylor, Marion Jean Taylor Carter, joined by her husband, H. Richard Carter, Mary Taylor Hancock, joined by her husband,- Harry Hancock, hereinafter collectively referred to as "Lessor ", and W. 8. Johnson Properties, Inc., a corpora- tion of the State of Georgia, hereinafter referred to as "Lessee ". W I T N E S S E T H: ARTICLE I PREMISES AND TERM Section 1.01. Lessor, for and in consideration of the rents, covenants and conditions herein contained, does hereby lease and demise to Lessee and Lessee does hire and take from Lessor; upon and subject to the covenants and con - ditions herein contained, all that certain parcel of land, together with all buildings and improvements now or hereafter situated thereon, lying and being in Clearwater Beach, Pinellas County, Florida, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference (herein called "Demised Premises "). TO HAVE AND TO HOLD Demised Premises for a term of 99 years and a part of.one month, commencing on the day of v, and expiring at midnight on the last day of «._ 14. 2022, unless this lease is sooner terminated as he inafter provided (said term or as shortened r1t C. 71.r by an earlier termination of this Lease being herein called "Demised Term "). Subject, however, to any and all: (I) easements and restrictions of record; :(11) rights -of -way of abutting streets; (III) fluctuation in mean high water lines. ARTICLE II RENT Section 2.01. Lessor covenants and agrees to pay rent to Lessor for Demised Premises during Demised Term as follows: (a) For the period commencing on the date of commencement of the Demised Term and extending through the last day of the same month ten years thereafter, a guaranteed minimum annual rental of ONE HUNDRED SEVENTY FIVE THOUSAND AND N01100 DOLLARS ($175,000.00) per year, or an annual rental based on three per cent (31) of gross room sales and one per cent (1 %) of gross food and beverage sales from the operation of the.hotel contemplated to be constructed on the property by Lessee, whichever is higher. At no time during this period shall the annual rental be less than ONE HUNDRED SEVENTY FIVE THOUSAND AND N01100 DOLLARS ($175,000.00) per year. (b) For the period commencing on the 1st day of the month following the tenth anniversary of the date of commencement of the Demised Term, and continuing for a ten year period thereafter, a guaranteed minimum rental based on the average rental paid by Lessee to Lessor for the previous ten year period, or an annual rental based on three per cent (3i) of gross room sales and one per cent (11) of gross food and beverage sales from the operation of the hotel contemplated to be constructed on the property by Lessee, whichever is higher. Thereafter, the guaranteed annual rental for each $A .k. ten year period of Demised Term shall be the average rental paid by Lessee to Lessor during the prior ten year period, i.e., the guaranteed minimum rental shall be adjusted after -' the 20th, 30th, 40th, 50th, 60th, 70th, 80th, and 90th years of the Demised Term. (c) The annual accounting period for computing each years rental should be the calendar year. Lessee shall furnish to Lessor on or before January 10 of each year an annualized accounting of the preceding years operation, together with payment for any additional rental due to Lessor hereunder. (d) The percentage rental amounts shall be figured on the gross sales of the Lessee or any Sub- Lessee or any . Sub - Assignee (excluding sales tax, tourist tax or any govern- mental tax directly related to room rentals or food and beverage sold, or any refunded amounts included in former -computations). (e) The minimum annual rental shall be payable in equal monthly installments on the tenth (10th) day of the following month for the preceeding monthly period in accordance with the terms of this Article. Lessee shall furnish Lessor, or their designee, a monthly statement of the gross income from room rentals and sales and beverage sales of Lessee or Sub - Lessee's by the tenth (10th) day of each month for the preceeding months operation. Section 2.02. Gross room sales and gross food and beverage sales shall include the room rental and sales from food and beverage income from any banquet or convention rentals on the Demised Premises. Section 2.03. All rentals and other sums under the terms of this Ground Lease to be paid by Lessee to Lessor shall be paid in lawful money of the United States of oo �. 71,.7, .„ America at Post Office Box 236, Largo, Florida, 33540 or to such other address as may be designated in writing by Lessor. Section 2.04. Lessee agreed that Lessor, or their representative, shall have the privilege of auditing the books and records of Lessee with respect to Demised Premises during normal business hours for the purpose of determining the amount of rent due by Lessee to Lessor. All sub - leases covering the Demised Premises shall provide for similar ex- aminations by Lessor, or their representatives. ARTICLE III REAL ESTATE TAXES, ASSESSMENTS AND OTHER CHARGES Section 3.01. Lessee shall pay or cause to be paid, on receipt of bills, fifteen days before the last day on which they may be paid without penalty or interest, all real estate taxes and assessments, including street improve- ment assessments, including street improvement assessments, and all governmental charges of any nature levied or assessed against Demised Premises, or any part thereof, or interest therein, including the reversionary interest of Lessor, during Demised Term, except that such taxes and assessments for the first and the last year of Demised Term shall be prorated as between Lessor and Lessee. Lessee shall provide Lessor with a copy of all paid tax receipts within 15 days of the date of all such payments. Section 3.02. Lessee shall pay or cause to be paid all electric, water, communications, gas, sanitary and sewer charges and any sewer service charges and all cost of installing and removing utility meters relating to Demised Premises as they now exist or as they shall hereafter be improved during Demised Term. -4- ,1 > Section 3.03. Notwithstanding anything to the contrary herein contained, if Lessee deems excessive or illegal any of the charges specified in Section 3.01 above, Lessee may defer payment thereof so long as the validity or the amount thereof is contested in good faith. Any contest as contemplated under this paragraph, whether before or after payment, may be made in the name of Lessor or Lessee, or both, and Lessor shall be notified at least 15 days prior to the commencement of the proceedings. Lessor agrees to ,execute any instrument reasonably required, and approved by Lessor's attorney, in connection with the contesting o#-any tax assessments or other such charges and Lessee agrees to reimburse Lessor for any expenses incurred thereby including Lessor's attorneys' fees for such review. Lessee shall be entitled to any refund of any such tax or assessment and penalties or interest thereon which have been paid by Lessee. Any such contest shall be at the sole expense of Lessee. Section 3.04. Nothing contained in this para- graph 3 shall be construed so as to require Lessee to pays (i) any estate, inheritance, succession, or transfer tax of Lessor growing out of or connected with this lease or Lessor's right in Demised Premises; or, (ii) any income, or any other tax upon the rent payable by Lessee under this Lease. If the same shall become a lien upon Demised Premises or any part thereon, or if Lessea..shall be required by law to pay any such tax, assessment, charge or levy, or interest or penalty thereon, Lessee may pay the same deducting the amount thereof from subsequent installments of rent due under the terms of this Lease. ARTICLE Iv ASSIGNING OR SUBLETTING section 4.01. Lessee may freely assign . or sublet the whole or any part of Demised Premises to any person or -(j it c_ /�° I • entity owned or controlled by William B. Johnson. Lessee may not assign or sublet the whole or any part of Demised Premises to any other person or entity without Lessor's prior written consent, which consent Lessor agrees not to unreasonably withhold. Lessee shall furnish to Lessor copies of any assignments or sub - leases covering the Demised Premises within 15 days following the execution by Lessee pf any such assignments or sub - leases. In the event of any such assignment or sub -lease Lessee shall remain liable for all.terms and conditions and the performance of this Ground Lease. Section 4.02. Lessor may freely assign or mortgage Demised Premises during the Demised Term, provided any such assignment or conveyance shall be made specifically subject to the terms and conditions of this Ground Lease. ARTICLE V DEMOLITION AND GRADING Or DEMISED PREMISES Section 5.01. Lessee shall have the right to demolish any structures or other improvements on Demised Premises at the beginning of Demised Term, to freely use the materials contained in any such structures or improvements, to fill and grade Demised Premises, and to remove shrubbery, trees and plants. Section 5.02. Lessor does hereby agree that Lessee may at any time during Demised Term at its own expense and cost construct improvements, pave, landscape or other- wise make Demised Premises useful for a hotel as Lessee may determine. Any such improvements shall be in compliance with the municipal ordinances of Clearwater, Florida. Section 5.03. Prior to the commencement of the construction of improvements on the Demised Premises, or demolition of any structures or other improvements on the U, Itr • • Demised Premises at the beginning of the Demised Term, Lessee shall furnish to Lessor a Performance Bond satisfac- tory to Lessor covering such improvements. Section 5.04. Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the cost of all constructions, installations, repairs, altera- tions, improvements or other work done by it to the Demised Premises to the end, that Lessor shall not be required to pay or have their property or rights subjected to claims for sums the payment of which are the responsibility of the Lessee. Lessee agrees to indemnify and save harmless the Lessor from and against any and all claims arising out of or 'connected I with work or improvements, the cost of which is the responsibility of Lessee and against any and all mechanic's, materialmen's or laborer's liens asserted incident to such work or the cost thereof against any property or interest of Lessor. Notwithstanding anything appearing in this Lease, the interest of Lessor in the Demised Premises shall not be subject to liens for improvements or work made or done by Lessee, whether or not same shall be made or done in accordance with an agreement between Lessor and Lessee, and it is agreed that in no event shall Lessor or. the interest of Lessor in any of the leased property or premises be liable for or subjected to any mechanic's, materialmens' or laborers'. liens for improvement or work made or done by the Lessee and this Lease expressly prohibits the subjecting of the interest of Lessor in the Demised Premises to any mechanics', material- mens'. or laborers' liens for improvements made by the Lessee or for which the Lessee is responsible for payment under the terms of this Lease and all persons dealing with Lessee are put on notice of these provisions. In the event any notice or claim of lien shall be asserted of record against the interest of the Lessee or Lessor in the Demised Premises on L J"11< m,T Al 13 0 0 • account of or growing out of any improvement of work made or done by the Lessee claiming by, through or under the Lessee, or for improvement or work the cost of which is the responsi- bility of the Lessee, then the Lessee agrees to have such notice or claim of lien cancelled and discharged of record as a claim against the interest of the Lessor in the Demised Premises (either by payment and satisfaction or by removal' by transfer to bond or deposit as permitted by the Laws of Florida) within thirty (30) days after notice. In the event the Lessee fails to do so, Lessee shall be considered in default under this Lease with like effect as if Lessee shall have failed to pay a rental payment when due and within any applicable grace period provided for payment of same. ARTICLE VI CONDEMNATION Section 6.01. If "all or substantially all of Demised Premises shall be taken or condemned by any compe- tent authority for any public or quasi - public use or purposes, or if any part thereof shall be so taken or condemned and the part thereof not so taken or condemned cannot reasonably be used or reconverted to an economically feasible commercial use for which it was being used immediately prior to the taking, then this Lease shall terminate as of the date upon which title shall vest in such authority, the rent reserved hereunder shall be apportioned as of such date, the Lessee shall be entitled to the entire value of its leasehold estate in the Demised Premises and the Lessor shall be entitled to the entire value of their estate in the Demised Premises. In the event any building remaining on Demised Premises after such condemnation has no reasonable utility on Demised Premises, Lessee shall at its expense clear such building from Demised Premises. �T 11,1,. Section 6.02. If only a part of the Demised Premises shall be so taken or condemned and this Lease is not terminated, then the rent payable hereunder after the date on which Lessee shall be required to surrender possession of the part of the Demised Premises taken or condemned shall be reduced in such proportion as such taking reduces the utility and rentability of the lands not taken for the purposes for which it was leased-as the parties may agree or, if the parties cannot so agree, as shall be determined by arbitration as hereinafter provided. In the event any building remaining on Demised Premises after such condemna- tion has no reasonable utility on Demised Premises, Lessee shall at its expense clear such building from Demised Premises. Any controversy which shall arise between the Lessor and-the Lessee regarding such reduced rent shall be settled by-arbi- tration in accordance with the Arbitration Rules of the American Arbitration Association relating to Ground Leases. section 6.03. If there is a Mortgage executed by Lessee on Demised Premises at the time of condemnation, the Mortgagee, shall receive from Lessee's award an amount not i less than the indebtedness owing to such Mortgagee. Section 6.04. The parties hereby agree to request the Court to make separate awards as between Lessor and Lessee but if the Court shall fail to do so, said award shall be divided in accordance with the above guidelines by agreement, or by arbitration is provided herein,'if' the parties are unable to agree on a division of the award. Section 6.05. A taking or condemnation as used herein shall include a private conveyance in lieu thereof. ARTICLE VII MAINTENANCE AND REPAIRS Section 7.01. Lessee shall keep or cause to be kept all subsequently erected buildings, structures, equip - ment and improvements -upon Demised Premises in good and sub- stantial order. and repair and shall make or cause to be made all structural, exterior, and interior repairs, renewals, and replacements necessary to that end at the sole cost and expense of Lessee, reasonable wear and tear excepted, PROVIDED, ,that damage by and taking by condemnation shall be governed by the provisions of Article VI. Lessee agrees to indemnify and save harmless the Lessor from and against any and all judgments, decrees, penalties, costs and expenses, by reason of any non - compliance. Section 7.02. Lessor shall be under no obligation to rebuild, replace, maintain or make repairs to Demised Premises or to the buildings and equipment situated thereon during Demised Term or to maintain any fire and extended coverage insurance covering such buildings and equipment. ARTICLE VIII INSURANCE AND DAMAGE TO DEMISED PREMISES Section 8.01. During Demised Term, Lessee at the Lessee's sole cost and expense, shall: (a) Keep in force such public liability insurance policies issued by responsible insurance companies licensed to do business in Florida as-will fully protect Lessee and Lessor against claims of any and all persons for personal injury or death or property damage occurring in or about Demised Premises; such insurance to afford protection to the limit of not less than $300,000.00 in respect to injury or death to a single person, and the limit of not less than $1,000,000.00 in respect to any one accident, and property � � ILL_ ��A•,� 0 _. damage liability insurance of not less than $100,000.00. Lessee shall furnish to Lessor upon request, evidence rea- sonably satisfactory to Lessor that such insurance policies are.in effect. Lessee agrees to periodically review with Lessor, but not less often than at the end of each ten year period of the demised Term, the amounts of insurance coverage specified in this paragraph in order for such coverage to . stay in balance with the conditions of the times as of each such review. The amounts of such insurance coverage shall be changed as is mutually agreed between Lessor and Lessee. (b) Keep all buildings and improvements and equipment on or appurtenant to Demised Premises, including all alterations, additions and improvements, insured in responsible insurance companies licensed to do business in Florida against loss or damage by fire, boiler explosion and such other casualties as are included in extended coverage in an amount representing not less than eighty percent (80 %) of the full insurable value thereof (excluding foundation and excavation costs). All such insurance policies shall be issued in the names of Lessor and Lessee as named insureds, as their interests may appear, and may at the option of Lessee, include any other insurable interests in Demised. Premises. (c) Provide and keep in force flood insurance together with loss of rent.insurance covering a minimum of twelve (12).months. Lessee shall furnish to Lessor upon request, evidence reasonably satisfactory to Lessor that such insurance policies are in effect. Section 8.02. Lessee shall furnish Lessor with duplicate originals, or copies certified by the insurance companies of all policies required by this Article. Lessee shall, upon request, exhibit to Lessor receipts for the pay- ment of premiums on such insurance policies. All policies 13 0 1* required by this Article shall: (1) name Lessor and Lessee as co- insureds; and (2) provide for fifteen (15) days written notice to Lessor in the event of cancellation. Section 8.03. If Lessee shall fail to effect or maintain any such insurance which Lessee is obligated to effect or maintain, Lessee will indemnify Lessor against damage, loss or liability resulting from all risks for which such insurance should have been maintained, and Lessor may (but shall not be liable for his failure so to do) effect the same as the agent of Lessee by taking out policies, in such insurance companies as may be selected by Lessor, running for a period of not exceeding one (1) year. In the event Lessor exercises this right, Lessee shall reimburse Lessor for any cost connected therewith, including premiums paid by Lessor. section 8.04. Lessor and Lessee covenant and agree that in case of damage to or destruction of any building or buildings by fire or any cause whatsoever, Lessee, at its sole cost and expense, and pursuant to the provisions of this Article will promptly repair,. restore and rebuild the same as nearly as possible to the condition they were in immediately prior to such damage or destruction, or if Lessee shall elect not to repair, restore and rebuild the same, such election to be exercised by Lessee giving Lessor written notice within thirty (30) days of such destruction, the proceeds of all insurance policies covering such destruc- tion, after payment of any sums owed to Mortgagees and after payment of funds necessary to clean up and place the Demised Premises in a good sightly condition, shall be paid to Lessee. Section 8.05. Loss, if any, under any or all insurance policies required by this Article shall be adjusted C. -zz- `"IJ PLC -71 ,�, 7 A/ with the applicable insurance company or companies by Lessee and Lessor with the approval of any mortgagee. (a) Provided Lessee elects to restore the premises the same as nearly as possible to the condition they were in prior to such destruction, the loss so adjusted shall be paid to Lessee or any mortgagee as these parties may here- after agree and used by Lessee to defray the cost of repailring, restoring or reconstructing any building, or any part thereof, on Demised Premises, or of erecting a new building, or part thereof, on Demised Premises, so that upon completion of such repairs, restoration, reconstruction or erection of the building or buildings shall be of a value not less than the value of the building or buildings immediately prior to the occurrence of such damage. (b) Any work undertaken by Lessee shall be com- pleted without cost to Lessor and free of mechanic's or materialmen's liens. (c) In the event any of the insurance monies paid by the companies, as hereinabove provided, shall remain after the completion of such repairs, restoration, recon- struction or erection, the excess shall be retained by Lessee. Section 8.06. In the event of any damage or destruction by fire or other casualty, the terms of this Lease shall be otherwise unaffected and Lessee shall remain and continue liable for the payment of rent, real estate taxes, assessments and other charges hereunder as though no damage by fire or other casualty had occurred. Section 8.07. Wherever reference is made herein to Lessor or Lessor and Lessee being insured, such policy may be written to cover in addition the interest of any mortgagees if required by a particular mortgagee. C. -13- tt. u. • n U Section 8.08. All rights of the Lessor to enforce the provisions of this paragraph shall be subject to the rights of any holder of a first mortgage on Demised Premises -� with respect to the proceeds of any such insurance policies, except the loss of rent insurance as provided in Section 8.01(c) for the benefit of Lessor. ARTICLE IX QUIET ENJOYMENT AND MORTGAGE BY LESSOR Section 9.01. So long as the rent reserved under this Lease is paid and all the Lessee's obligations and covenants are performed, the Lessee, its successors and assigns, shall quietly enjoy and peacefully hold the Demised Premises during the term of this Lease, subject to condi- tions, restrictions, limitations and encumbrances of record, without interruption or interference by the Lessor, his heirs, executors, administrators, successors, and assigns, or any person firm or corporation rightfully claiming by, through, or under the Lessor or them. ARTICLE X FINANCING AND SUBORDINATION OF LESSOR'S INTEREST Section 10.01. It is the intention of Lessor and Lessee that Lessee has the right as the holder of an estate for years to construct substantial improvements on Demised Premises, and it is understood and agreed that all of the Demised Premises (Lessee's estate for years and Lessor's reversionary interest) may be used as security for any loan or loans, temporary or permanent, required to construct the improvements. Such financing, which may be evidenced by one or more promissory notes secured by one or more Mortgages, shall not at any one time constitute a lien. against the �n.�A/ 1 E • Demised Premises and improvements in excess of an amount equal to ninety percent (908) of the total cost of the improvements, the term "total cost of the improvements" being more particularly described on Exhibit "8" attached hereto and made a part hereof by reference, shall not provide for interest on the unpaid balance in excess of the rate then being charged by institutional lenders for comparable projects in the state of Florida. Lessee may at any time during Demised Term refinance the improvements in an amount not to exceed ninety percent (908) of the value of the improvements at the time of the refinancing. in the-event Lessor and Lessee are unable to agree on the value of the improvements at the time of such refinancing, such contro- versy shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association relating to Ground Leases. Lessor will subordinate its interest in the Demised Premises to such financing and will cooperate with Lessee in obtaining the same and will execute any instrument, including without limitation notes, mortgages, deeds of trust, or other evidences of indebtedness reasonably required in connection therewith; provided, however, that the instruments so executed by Lessor shall expressly provide that the mortgagee or payee, as the case may be, shall look solely to Lessee and the security of the real estate and the improvements for the payment of the indebtedness and will not seek to collect the indebtedness from or obtain a deficiency judgment against Lessor, and further providing for the mortgagee or payee to give advance written notice to Lessor prior to any acceleration of the indebtedness owed to such mortgagee or payee granting to Lessor, at Lessor's option, the right to cure any default under the terms of the instru- ments evidencing such indebtedness within thirty days of �? . 711 / E 0 receipt by Lessor of such notice as to any monetary default and within sixty days of receipt by Lessor of such notice as to any non - monetary default. Any payments made by Lessor to cure any such defaults shall not be deemed to cure any default by Lessee to Lessor under the terms and conditions of this Agreement. Any such mortgagee or payee shall execute right to cure agreements with Lessor as are consistent with the terms and conditions of this Section 10.01. No costs; fees, title - insurance charges, recording fees, taxes or legal fees incurred or payable in connection with such encumbrance shall be paid by Lessor. This Ground Lease may be subordinated by Lessee to any mortgages or deeds of trust so obtained. The parties agree and understand that other than as set forth above, both must approve the terms of financing and that the lender or lenders may wish to approve the terms and provisions of this Ground Lease. Lessee shall make available for Lessor's inspection any projections, studies, or reports it may have relevant to the financial feasibility of the project undertaken by Lessee hereunder. Section 10.02. Whenever used in this Lease the term "Mortgage" is used as a matter of convenience and means Any instrument conveying as security for Lessee's indebted- ness evidenced by its promissory note the Demised Premises, and the term "Mortgagee" shall mean and shall refer to any lender, including the successors and assigns of any such lender, to�whom such Mortgage is given as security. Section 10.03. Any Mortgagee shall deliver to Lessor copies of any notes and mortgages or other security instruments and notices in writing of an address to which all notices required by Lessor hereunder shall be mailed. Any notice accordingly given shall be deemed sufficient, whether or not the Mortgagee has assigned its mortgage, -16- vl � �•�i.� 11.W unless Lessor shall have been given in writing notice of the change of address and assignment by Mortgagee. Section 10.04. when giving any notice to Lessee with respect to any default as provided for in Article XI, Lessor shall also serve a copy of such notice upon Mortgagee and no such notice to Lessee shall be deemed effective unless a copy of such notice is also mailed to Mortgagee,' which notice shall be in the manner provided for in Article Xv and Section 10.03 of this Article. Section 10.05. In addition to the provisions of Section 10.01 Lessee, as the-holder of an estate for years, has the right to mortgage only its leasehold estate granted hereunder and its leasehold estate in any improvements located thereon, subject at all times, however, to all the terms, covenants and conditions of this Ground Lease and to all the rights and remedies of Lessor. Nothing in this Section shall be construed to authorize the mortgage or pledge of Lessor's reversionary interest in the Demised Premises nor shall anything herein be construed to imply any consent by Lessor to make improvements or the subordination of their reversionary interest to any lien except as is stated in Section 10.01 above. Section 10:06. (a), In the case of any default by Lessee in the payment•of rent or other monetary obligation hereunder, Lessor shall take no action to effect a termina- tion of this lease by reason of such default without-first giving to Mortgagee: (1) a copy of any written notice required from Lessor to Lessee under the provisions of Section 11.01.(a) hereof; and (2) written notice from Lessor to Mortgagee following the fifteen day notice from Lessor to Lessee specified in (1) above, notifying Mortgagee of Lessee's failure to correct such default, and granting to Mortgagee -17 7 J 1�.� �" an additional fifteen (15) days from receipt by Mortgagee of the second notice to cure such default. Lessor agrees to accept from Mortgagee the payments required as a cure of the default so long as made within the times specified herein. (b) In the -case of any default by Lessee, other than the payment of rent or other monetary obligation here- under, Lessor shall take no action to affect a termination, of this lease by reason of such default without first giving to Mortgagee sixty (60) days written notice within which such Mortgagee may cure such default, or within which to institute foreclosure proceedings or otherwise acquire Lessee's interest under this lease; provided, however that Mortgagee shall not be required to continue such foreclosure proceedings if the default which would have been the reason for such termination shall be cured; and, provided, further, that nothing herein shall preclude Lessor from exercising any rights or remedies under this lease with respect of any other default by Lessee occurring during any period of such forebearance; provided, further, that in the event it reason- ably takes longer than sixty (60) days within which to complete the foreclosure proceedings, Lessor shall not take any action to terminate the lease so long as the Mortgagee is in the process of foreclosing and is proceeding diligently therewith, and the rental payments and other monetary obli- gations of the Lessee hereunder are kept current; and provided, further, that after foreclosure, the Mortgagee shall be given a reasonable time within which to effect such cure, if it commences such cure promptly after foreclosure and pro- ceedings diligently therewith. Section 10.07. If Mortgagee under Section 10.05 shall become the legal owner and holder of this lease by foreclosure or as a result of the assignment of this lease 13 in lieu of foreclosure Mortgagee shall immediately become' subject to all the terms and provisions of this lease as may mature during the period such Mortgagee holds the leasehold - and, if and in the event Mortgagee, after becoming a Lessee hereunder, assigns this lease, the Mortgagee shall be relieved of all liability under this lease after the date of such transfer. Section 10.08. Lessor agrees to execute right.to cure agreements with Mortgagees under Section 10.05 and tenants of Lessee as are consistent with the terms and conditions of this Lease. ARTICLE XI DEFAULT AND REMEDIES Section 11.01. Lessor may terminate this Lease upon the happening of any one of the following events: (a) Failure of Lessee to pay an installment of rent or any other monetary obligation of Lessee hereunder then due within fifteen (15) days After written notice, thereof; (b) Failure of Lessee to perform any other covenant contained herein within sixty (60) days after written notice thereof; provided, however, if a non - monetary default is not reasonably capable of being cured or corrected within sixty (60) days of receipt of such notice, the Lessee shall have such time as is reasonably necessary to cure such default so long as the Lessee commences to cure such default within the sixty (60) day period and proceeds diligently therewith; (c) The provisions of this Section 11.01 notwith- standing, Lessor shall not terminate this Lease upon the happening of any event specified in Section 11.01 so long as any mortgage is outstanding against the Demised Premises and the rental and other monetary obligations of Lessee hereunder L] • are kept current and all other obligations are corrected within the time periods as to Mortgagees in accordance with Section 10.06(b) hereof. Section 11.02. Lessee shall, upon the expiration or termination of this Lease for any reason whatsoever, surrender to Lessor the Demised Premises. Section 11.03. In the event of any uncured default hereunder, Lessor-shall-trave the right to terminate this Ground Lease without any further notice to Lessee, and, .thereafter, without legal process, enter upon and take immediate possession and control of the Demised Premises to the complete exclusion of Lessee. Lessor may also demand, collect, and retain all rents due from tenants or sub - tenants occupying all or any part of the Demised Premises and Lessor may otherwise treat and occupy the Demised Premises as if this Lease had expired of its own limitations. The foregoing is subject, however, to the provisions of the Lease respecting the Mortgagee and its rights to cure any default of Lessee hereunder, and, in addition, to any other remedy as may then be provided herein or by law or equity. ARTICLE x12 MISCELLANEOUS Section 12.01. Time is of the Essence. All time limits stated in this Lease.are of the essence. Section 12.02. Consent to Amendments. There shall be no voluntary cancellation, surrender or amehdment of this Lease by Lessor and /or Lessee without the prior written consent of any Mortgagee holding a Mortgage covering the leasehold estate of Lessee. Section 12.03. No Merger of Title. There shall be no merger of the Lessor's and-Lessee's estates in the Demised Premises in the event Lessor should take an assign- ment of the Lessee's leasehold estate, or in the event_ -zo- ..j J It. (L- 13 7�L 0 Lessee should take an assignment of the Lessor's estate, without the express written consent of any Mortgagee holding a Mortgage covering the leasehold estate of Lessee. ARTICLE XIII INDEMNIFICATION OF LESSOR Section 13.01. Lessor shall not be liable for any loss, injury, death, or damage to persons or property which at anytime may be suffered or sustained by Lessee, Lessee's employees, servants, licensees, agents, concessionaires, ,sublessees, or any sublessee's employees, servants, licensees, agents, or concessionaires, or by any person whosoever may at any time be using or occupying or visiting the Demised Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing. whether of the same kind as or of a different kind than the matters or things above set forth, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the premises and to the property of Lessee in, on, or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at any time. The two preceeding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Lessor, its agents, or employees. -zl- j J Jt,� Txl hAl- 0 a • ARTICLE XIV APPLICABLE LAW; USE AND COMPLIANCE WITti THE LAW Section 14.01. This Lease shall be construed under the laws of the State of Florida and is intended to create an estate for years. Section 14.02. Lessee covenants and agrees that Demised Premises shall not be used for any unlawful purpose during Demised Term, and Lessee further agrees that it will not permit on the Demised Premises any public nuisance as is defined by the laws applicable to the Demised Premises. Lessee further agrees to indemnify and hold Lessor harmless from any expenses incurred by Lessor in connection with defending any claim against Lessor because of a private nuisance on the Demised Premises. ARTICLE XV NOTICES Section 15.01. All notices, demands and requests hereunder by either party to the other shall be in writing and sent by certified U.S. Mail, return receipt requested, postage prepaid as follows: (a) By Lessor to Lessee addressed to 2175 Parklake Drive, Suite 103,•Atlanta, Georgia, 30345, or to such other place as Lessee may from time to time designate in writing. (b) By Lessee to Lessor addressed to John S. Taylor, at al., Post Office Box 236, Largo, Florida, 33540 or to such other place as Lessor may from time to time designate in writing. Notices, demands and requests which shall be served hereunder shall be deemed sufficiently given for all purposes when received by either party at the address pro- vided herein and in the event the receiving party refuses to )L c_ 0 acknowledge receipt, notice shall be deened sufficient from the date of refusal of tender of such notice, demand or request. ARTICLE XVI CUMULATIVE REMEDIES WAIVER - ORAL CHANGES Section 16.01. The specified remedies to which Lessor may resort under the terms of this Lease are cumula- tive and are not-intended to be exclusive of any other remedies or means of redress to which Lessor may be lawfully entitled in case of any breach or threatened breach by Lessee of any provision of this Lease. Section 16.02. The failure of Lessor to insist upon the strict performance of any of the provisions of this Lease or to exercise any election herein contained shall not be construed as a waiver or a relinquishment for the future of any such provision. A receipt by Lessor of rent or any other payment or the acceptance of performance of anything required by this Lease to be performed with knowledge of the breach of a provision of this Lease shall not be deemed a waiver of such breach, and no waiver by Lessor of any right occurring under this Lease shall be deemed to have been made unless expressed in writing and signed by Lessor. Section 16.03. This Lease cannot be changed orally, but only by agreement in writing signed by the party against whom enforcement of the change, modification or discharge is sought or by his agent. ARTICLE XVII NO REAL ESTATE COMMISSIONS Section 17.01. Lessor and Lessee each warrant to the other that they have incurred no obligation for the pay- ment of any real estate brokers or agents commissions con- cerning this Lease and each agrees to indemnify and hold the 3 712 1111 • • other harmless from the payment of any real estate brokers or agents commissions incurred because of any action taken by them. ARTICLE XVIII TITLE TO IMPROVEMENTS UPON TERMINATION Section 18.01. The Lessee hereby covenants and agrees that all buildings, improvements, alterations and additions which Lessee shall construct, erect, complete or bring upon the Demised Premises at any time during the term .hereof, shall thereupon become and be deemed part of the land and shall remain upon the property at the expiration of the term or sooner termination of this Lease and become the property of the Lessor. ARTICLE XIX NET LEASE Section 19.01. This Lease shall be deemed and construed to be a "net lease" and, except as herein other- wise expressly provided, the Lessor. shall receive all rents and additional rent and all other payments hereunder to be made by the Lessee from any charges, assessments, imposi- tions, expenses or deductions of any and every kind or nature whatsoever. Nothing herein contained shall be con- strued to require the Lessee to pay any inheritance, fran- chise, corporation, income or excess profits, taxes, or surtax, imposed upon the Lessor named herein, or upon the legal representatives, successors or assigns or any of them, nor shall the Lessee have any obligation to pay any interest or amortization under any mortgage or mortgages places upon the Demised Premises by the Lessor. ARTICLE XX HOLDING OVER Section 20.01. If Lessee remains in possession of Demised Premises after expiration of the term hereof, with ' j`TL C, --7, T .- / 0 0 Lessor's acquiesence and without any express agreement of parties as provided herein or otherwise, Lessee shall be a tenant at will at the rental rate in effect at the end of such final term, and there shall be no extension or renewal of this Lease Agreement by operation of law. ARTICLE XXI SHORT FORM LEASE Section 21.01. Lessor and Lessee hereby agree to enter into a Short Form Lease setting out at least (a) the names of the parties hereto, (b) the description of Demised Premises, and (c) the date of this Lease Agreement and the dates of the term hereof. Such Short Form Lease shall be in writing, duly executed by all the parties hereto and shall be properly witnessed and acknowledged for recording under the laws of the State of Florida. ARTICLE XXII ATTORNEY'S FEES Section 22.01. In the event it becomes necessary for Lessor to execute or review any documents of subordination or otherwise, such as are called for by the terms of this Lease, Lessee agrees to reimburse Lessor for all reasonable attorney's -fees incurred by them in having such documents examined so as to insure that said documents properly secure all rights of the Lessor hereunder. This Section shall be limited to the reasonable fees charged to the Lessor as a whole and shall not be deemed to include fees incurred by each separate Lessor. ARTICLE XXIII EXCULPATION OF TENANT Section 23.01. Anything contained herein to the contrary notwithstanding, Lessor agrees that in any action or proceeding brought on this Lease, no money judgment shall 1 , -25- i 1 V -X 1 -47, /. be sought or claimed against Lessee, its successors or assigns, but the Lessor shall look to the return of Demised Premises for the satisfaction of Lessee's obligations here- under, provided, however, nothing herein contained shall relieve Lessee from its obligations under the indemnity provisions of Article XIII hereof. Insurance proceeds, condemnation awards and advance rent received by Lessee *shall not be included in-this Article but shall be covered by Articles XIII, VI and II hereof respectively. ARTICLE XXIV SUMMARY REMEDIES Section 24.01. To enforce any right or remedy herein provided or given by law, the Lessor may pursue any and all statutory or summary proceedings applicable in the State of Florida, as between Lessor and Lessee, but in employing such proceedings, Lessor shall be bound by any and all provisions of this Lease. ARTICLE XXV RIGHT OF FIRST REFUSAL Section 25.01. Lessee hereby grants to John S. Taylor and Mary Ann Taylor the right of first refusal to lease a portion of Demised Premises for a beauty shop so long as either of them are agtive in such business. John S. Taylor and Mary Ann Taylor shall have thirty (30) days following receipt of notice from Lessee to advise Lessee of their acceptance or rejection of this Right of First Refusal to operate a beauty shop on the Demised Premises. The lease between the parties shall be similar to other leases between Hyprops, a Georgia General Partnership, as Landlord, and John S. Taylor and Mary Ann Taylor, as Tenants (excluding rental rate and term) covering similar enterprises in Clear- water, Florida. T �- ^J -26- -v*l, T11 ` a ARTICLE XXVI GAMBLING Section 26.01. There shall be no casino type gambling, legal or otherwise, on the Demised Premises with- out the written consent of Lessor, such consent not to be unreasonably withheld. Lessor and Lessee agree that gambling will be permitted on the Demised Premises in the event gambling is legalized and permitted by applicable governmen- tal authorities. In the event Lessee desires to conduct gambling activities on the premises Lessee and Lessor shall enter into an agreement allowing such gambling activities and providing for additional rental payments to be made by Lessee to Lessor as are consistent with similar type opera- tions conducted in the locality of Demised Premises. ARTICLE XXVII POWER OF ATTORNEY section 2'7:01. Each Lessor hereby grants to the majority in ownership of the Demised Premises the following irrevocable power of attorney: To enter into any amendment of this Ground Lease, to enter into any attornment or right to cure agreement, or Mortgage, with Mortgagees and Tenants of Lessee as are consistent with the terms and conditions of this Ground Leasej and each Lessor hereby ratifies and confirms all that said majority in ownership of the Demised Premises shall do or cause to be done regarding this Ground Lease and the Demised Premises. ARTICLE XXVIII COVENANTS TO BIND AND BENEFIT RESPECTIVE PARTIES Section 28.01. The terms, covenants, conditions, provisions and agreements herein contained shall be binding upon and inure to the benefit of Lessor, their heirs, assigns and the legal representatives of their estates, and Lessee, -27- 7J),T1/ 11 11 its successors and assigns, wherever reference is made herein to Lessee'or Lessor, such reference shall include their respective heirs, executors, administrators, successors, representatives and assigns, as the case may apply. ARTICLE XXIX CAPTIONS AND HEADINGS Section 29.01. The captions and headings through- out this Lease are for.convenience and reference only and the words contained therbin shall in no way be deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provision of or the scope or intent of this Lease nor in any way affect this Lease. ARTICLE XXX LESSOR ACCOMODATIONS Section 30.01. Lessee agrees to provide without payment hotel rooms for two (2) weeks during each year the hotel contemplated to be constructed by Lessee on the Property is in operation, for'the immediate families of: (1) John S. Taylor, III and his wife Mary Ann Taylor; (2) Marion Jean Taylor Carter, and her husband, H. Richard Carter; (3) Mary Taylor Hancock, and her husband, Harry Hancock; (4) Marion U. Taylor. The.accomodations to be provided free under this Section will be limited to a maximum of three (3) rooms for each of the above described families. The provisions and benefits under this Section shall be only for the lifetimes of the above described named individuals, and shall lapse and be null and void thereafter. A one (1) month notice'requirement Z� ►l C- ��� is required for reservations and in the event Lessee is unable to provide such accomodations at the requested times, Lessee shall provide such accomodations within thirty days following the requested dates. Any sales, tourist, or other taxes imposed by governmental authorities for these accomoda- tions shall be paid by the recipient of the accomodations. IN WITNESS WHEREOF, the parties hereto-have here- unto set their hands and seals the day and year first above , written. Witnesse Witnesses- Witnesses: Witnesses, LESSOR: l e� ),,— (SEAL) Jo n S. Taylor , S 7tQ (SEAL) Mary Anji Taylor z'—(SEAL) Marion Jean Taylor C rter 11 r (SEAL) H. Richard Carter -29- 0 Witnesses- 7 -t �sse t Witnesses: �tiQa r X Lnvnm J State of Florida County of Pinellas • /It/ L ' �SEAL j Mary Tayyor ijncock Harry 11kncock (SEAL) LESSEES W. B. JOHNSON PROPERTIES, INC. BY (SEAL) is Pr ent ATTEST: Secret y ACKNOWLEDGMENT ( CORPORATE SEAL y 1 1'1 Before me appeared JOHN S. TAYLOR, III, and MARY ANN TAYLOR, his wife, to me well known and to be the individuals described in and who executed the foregoing instrument and who acknowledged the execution thereof to be of their own free act and deed. Witness my hand and official seal this q day�of 19,Pd , in the County and State aforesaid. r ' Notary Public —" My commission expiress 30— 1Hj'7 Vu;'k- Stiff 0 Florida at Large MY CNCIMN1104 lapin Ma. I]. 1410 13 0 State of Florida County of Pinellas ACKNOWLEDGMENT Before me appeared MARION JEAN TAYLOR CARTER, joined by her husband, H. RICHARD CARTER, to me well known and to be the individuals described in and who executed the foregoing instrument and who acknowledged the execution thereof to be of their own free act and deed. / Witness my hand and official seal this /l/la, day of .c/2 , 19 , in the County and State aforesaid. A' l r Notary Public My commission expires: .r .wary h•Le.. STe cl Flmfca at large My Commission Gpuu Mar. 27, 1980 .. State of Florida county of Pinellas ACKNOWLEDGMENT Before me appeared MARY TAYLOR HANCOCK, joined by her husband, HARRY I1A 11 known and to be the individuals described in and who executed the foregoing instrument and who acknowledged the execution thereof to be of their own free act and deed. Witness my hand and official seal this /-l'/, day of 1910 , in the County and State aforesaid. Notary Public My commission expires: , Y.ctary jti •,t'it, ciao r; i••ridt cf :7�iI • afar. 22, 1780 -31- 0 State of Georgia County of Fulton ACKNOWLEOrMENT Before me personally appeared and �/ '.._ the /,tell and of W. B. Johnson Properties,. Inc., a corporation, under the laws of the State of Georgia, to me well known and to be the individuals and officers described in and who executed the foregoing instrument and who acknowledged the execution thereof to be of their own free act and deed as such officers thereunto duly authorized; and that the official seal of said corporation is duly affixed thereto, and the execution thereof is the act and deed of said corporation. Witness my hand and official seal this 22Y day of '. I. , 19L, in the county and State aforesaid:'.';111 ?/, (i Notary-Put is My commission expires: Notary public. GeurCia. State at Large ray commission Expires Sept 10. 1983 -32- a E\IIInrT "A" That hart Of the North 725 feet of the South 1,575 poet Of tile NortIl 1/2 of Section 8, Township 29 enuth, Rance 15 East, Pinellas County, Florida, lyint,Irest of the t centerline of the right -of -way of Mandalay Road (Blvd.), South of the right -of -way of Palm Street, North of the right -of -way of Marianne Street and Dounded on the (rest by the Gulf of Mexico; less and except those right -of -ways granted in documents recorded in Official Records Dools2091, pages 34, 35, 36 and 37, and 2545, page 623, and being 10.245 acres more or less as shown on plat of survey by CuttiS J. Deyoung, P.E., P.L.S., for John Taylor, III, dated June 18, 1979. D 0 0 It I G T V Q I X 1. Z 7.7 I j _::hilt_ -!:, . cIQ I.,l)(o) 2 (I I lit - .. v 1.1t 16 INIM. I! 'I 7n, 07 1.. C'i" pi: It 0 0 0 S T I P U L A T I O N IT IS HEREBY Stipulated by and between C. Richard Nail, Attorney for Lessor, and Rufus A. Chambers, Attorney for Lessee, that the following is the agreement coincidential to and with Oe F.xurc:iva of Iption date -d February 12, 19.'t0, and the Cround 1. as•; diiLvd Febi Lary 14, 1•1110: 1. The Ground Lease is exercised as of February 14, 1980, and the Lessee takes possession of the premises as of February 14, 1930. 2. The Lessee assumes all liabilities to the leased property, including but not limited to, utilities, public liability insurance and damages to struc- tures. 3.• The rental pay period shall commence no later than March 14, 1980, said date is to be determined by John S. Taylor, III and J. Richard Stephens. . y" This Stipulation is dated this If /,day of 1980. A � � 9 4 1:41 �11 1: 4�1� R FUS A. CHM48E Attorney for Lessee C. RICHARD NAIL Attorney for Lessor .0 0. wc�gSO Rolm �� 91 MA xd*Lll T :� jaat e! the � .1 use cftat atl4O r, tomihsp 21.8ouet;4" j.lr!• t ei • . . O9tr at the L1t�raaatioq ,� . j mouton Rt wdi�7 qC ra JA • �'j ! fJr N�i�RRt • , • �O ati A •t pL Q Wi! V101i e! as �t bow,e�y=y, • �9'+� PIM�iM coati leer�ratae sa.h Lark �n riiaaek Sava 104 toy • « . �Y �teeende for . :otnt .e • , • . " . �' k 4i wat to tAe wtir a point �'.' ,. so M lj: =i SQ. 4i: eft um f a# tMR� [� R� i•W a ON � i1 'it t1� 01.436 mosstt071#0 t �iP+ •!• ~`"•"•' i' '�i�� x04 4 4.0 °+ �wdi�so PIt MOOS d st at aalR �itllmoe itif_.,��ka •iT Ala.. `E• 'wW M4�lrr LMG;s [a • MosW�tr sisao •""`' .. br`_tp 7A.t/i amn d 4t o[ u �•p f e • cttet am �t Fish �0 dated aw its =il7;.0"ai• l.p., P& 6.« tar John Flat mylet$ ;sx= 1 , i • 1 • . 1 � {•i�/,• • -•.. , • • • , •, _ � • I� •, .~,• `•� is 6TP:�ilanaas tet�aeold 'rSQT31d'tJOLfilY� : irl�e:a : s6 -OS -i crrraia vntianr�:iQ y�c SpL�m 5/8/2007 Receipt #: 1200700000000003993 10:42:OOAM Date: 05/08/2007 �Ir Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLS2007 -05023 03 Flex Std - Commercial 010- 341262 475.00 FLS2007 -05023 Fire - Prelim Site Plan 010 - 342501 200.00 Line Item Total: Payments: $675.00 Method Payer Initials Check No Confirm No How Received Amount Paid CreditCard MARGARET L ROBERTS R_D 188362 In Person 675.00 Payment Total: $675.00 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. Page 1 of 1 ciW. cReceipt.rpt PLANNING DEPARTMENT I'TY OF C LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 August 10, 2007 Ms. Margaret Roberts 713 Bruce Avenue Clearwater, FL 33767 RE: Development Order for Case No. FLS2007 -05023 400 Mandalay Avenue Dear Ms. Roberts: This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development Code. On June 7, 2007, the Development Review Committee (DRC) reviewed your application for Flexible Standard approval to permit parking lot improvements on the south side of the existing Clearwater Beach Hilton Hotel, under the provisions of Section 2- 802.J. The DRC recommended approval of the application with the following Findings of Fact and Conclusions of Law: Findings of Fact: 1. That the 10.03 acres is located on the west side of Mandalay Avenue due north of the Clearwater Beach roundabout; 2. That the zoning of the property is Tourist (T) District, which is consistent with the underlying Resort Facilities High (RFH) land use category; 3. That the property is currently developed with a hotel, which is currently being renovated; 4. That as part of the renovation of the hotel the lobby canopy is proposed to be removed and the hotel entrance changed to a circular drive, as well as other parking lot improvements to the southern parking lot; 5. That redesign of the southern parking lot produces five new parking spaces over existing conditions; 6. That redesign of the southern parking lot is introducing significant landscaping to the parking area and is reducing the amount of impervious surfaces; 7. That landscape improvements to the northern parking area are included with this proposal; and 8. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. The proposal complies with Overnight Accommodations criteria under the provisions of Section 2- 802.J; 2. The plan complies with General Applicability Criteria under the provisions of Section 3 -913; 3. The proposal complies with the Comprehensive Landscape Program criteria under the provisions of Section 3-1202.G; and 4. The proposed development is compatible with the surrounding area. I concur with the findings of the Development Review Committee and, through this letter, APPROVE your application for Flexible Standard Development. The approval is based on and must adhere to the site plan and application dated received August 7, 2007. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" yr�l � • February 16, 2007 Ruggiero — Page 2 Pursuant to Section 4 -303, an application for a building permit shall be made within one year of Flexible Standard Development approval (August 10, 2008). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner 11I, at 727 -562 -4504. You can access zoning for parcels within the City through our website: www.myclearwater.com. Sincerely, Michael Delk, AICP Planning Director S.-Oanning DepartmentlC D BTlex Standard (FLS)IInactive or Finished CaseslMandalay 400 Hilton Hotel (T) 2007 - ApprovedWandalay 400 FLS2007 -05023 Development Order.doc Wells, Wayne From: Wells, Wayne Sent: Friday, August 10, 2007 2:23 PM To: 'MRoberts2 @luxuryresorts.com' Cc: ' npollard @gonzalez - architects.com' Subject: FLS2007- 05023, 400 Mandalay Avenue Margaret - Attached is the Development Order for the above referenced case. The original will be waiting for you at the greeter station in our offices on Monday. Thanks. Wayne Mandalay 400 ;2007 -05023 De BROOKS- AMADEN tROOKS i . D 205 RIDGES OOD AVENUE • BRANDON, FLORIDA 33510 . TELEPHONE 813,653.1125 -' PO. BOX 112' • BRANDON, FLORIDA 33509-1129 - FAX 813.653 -1679 www.brooks-amoden.com August 7, 2007 Mr. Jim Keller Clearwater Fire and )Rescue Prevention 610 Franklin St. Clearwater, FL 33756 ORIGINAL RECEIVED AUG 08 2007 PLANNING DEPARTMENT CITY OF CLEARWATER r L S 00 7" D S� RE: CLEARWATL+ R HILTON Analysis of Pavers iYi 4 2 iL4?'� rj Llea•.r Mr. Keller: I� ` With this letter we are forwarding to you the paver evaluation prepared for us by Driggers Engineering Services, Inc. The conclusion drawn from their evaluation indicates that the proposed pavers would be suitable to support the expected fire truck load. You will note that the analysis is based upon an evaluation of the existing base material and does not account for any load carrying capacity of the paver themselves. If we consider an 80,000 pound fire truck with 3 axels and 10 wheels (with each wheel making a foo#rint of 80 sq. inches where the rubber meets the road) and assume an even distribution of weight over the 10 wheels, then each wheel will exert a compressive load of about 1,000 psi on the pavers ... well below the unconfined compressive strength of the paver of 8,000 psi as stated by the manufacturer. Very truly yours _ MINN .l`••�w. 4 l+' ��'$ � +ter" -.ems }% P Enclosures CC: Dan Malone, City of Clearwater Nathan Pollard, Gonzalez Architects Margaret Roberts, Clearwater 14ilton F;l5050a01 ,updocs15050 -0J Ler.,doc D �6 dN AUG ° 8 ZOW D II 11 T T [+ 17 •dry . -�...8 r..treeraaaa'�r,t4 It•�Y3F�i �i�.'lJt3�1[IStif°i �.C1L�'P fC�il�iy'17ililinn To 'd GL 9T L57 L 4f� i�3la�,1'i'�tr aNU CSAOOC{9 t S O R I G G 5 R S E N G I N E E A N G S E R V I C E S I N C O R P O R A T fectechnical Ensine erinq Ccnstru0t;on MaterialS Testing Augiw 6, 2007 Brooks -mad , Inc. 205 Padgmood Avezue Brandon, Florida 33514 Anion, Mr. Lee Doughty, P.E. Eva %tiou of the Ar ick Paver Pavement Clearwater lflilton Pinell*s County, Florida Do.0 Lee: In accordance with your request, MUGGERS ENGINEERING SERVICES, INC. has performed an evaluation of the proposed brick paver pavement for the subject site. We undcn=d that the pavement is aecluired to support an 80,00.0 pound fire truck. Briefly, our evaluation suggms that the proposed pavement would be suitable to support the c p €cted fire truck load. We understand that the planned pavement will include Hanover " Fmst Brie 'pavers which stave a rninimwa uncon4ne d compressive strength of 8,000 psi_ While the pagers would certainly provide some load carrying capacity, the Hanover Architectural Products literature does not provide a means l`or qumitifying the capacity of the systern and indicates that the base material should be designed to carry the intended load. We understand that is proposed to place the paves on a nominal &-inch thick- competed soil Cerro =t base having a minimum 7-day compressive strength off'300 psi. The adequacy of the proposed base mwexial was evaluated utilizing the pracedwes in the "AA TO Guide for Design of Pav=ent Stmcturee' and the FDOT flexible Pavement Design Manual.. The p avcment section was considered to be a low vol=e road. The attached Figure 2.8 f om the FIDOT Manual indicates that a 300 psi soil dent material would correspond to a modulus value of about 56,000 psi. The subgrade material was conservatively considered to have an LBR of 20, with a corresponding a re6lient modulus of 7,544 psi (FDOT Table 5.1). An allowable serviceability loss of 3.0 was used. san"ta P,9 meter Tiompm Phone; 941.37 ,.3949 12220 49th Steotx NorlA a CleWwmr, Florida 33762 Phone_ 813.948,6027 FU-'941-371.8962 Phone, 727.671.1313 • Fax 727.573.440 Fax: 623.949.764S --i'r aA P, fn cft-Mr QdN `¢9er^.- tng.Cdn9. tpaaffitPk%drie&er3 -ang.cOM ZO °d 6L9T ZS9 ZZd N3C3UWU aNa SAOON9 PE:9T 2,OOF— �.0 —qnH • 4 ed upon the above, �md rigurc 4.2 from the AASHTO Ma. mal, a nominal 6.0-inch soil emment base mteiial should be capable of supporting about 25,000 equivalet 1 S-Jdp axle load.,. This would equate to more than 1,500 such heavy tmok trips per year over a typical 15 year desip life. MUGGERS ENGMEIUNG SERVICES, INC. appreciates the opportu-nity to be of service to you on this project. Should you have any questions, please do not hesitate to contact the undelsigned a1 your convenience. Respectfully submitted, MUGGERS ENGINE S:Ii��,M; .7�, g cholas T. Korecki, P.E. Senior Geoteftical Engineer FL R egi=axion No. 45523 , NTK NTX- LB1RClwljlton Copies mbnlicted: (3) 20'd 6L9 T M z Z8 N3Gf JWH CHU Si OMI PE : 91 L OF- 1_.O -nnH LT-24 • Deslan Of Pdvem9al S@PF q&r'" b � t9 ) Seale derived by Vere9109 lCorreLations from Illinois. Louisiaina anti TLM" (2) She derived 0R NCHRP Pro) 133. # ��B•Tfeated haSGS � '' b %h bss� Rs�n�etl p�V aer. �ogux� 2.5. valriallon in o r cerrl 170 *d 6L9T 2-59 2T8 N3aUWU QNd SNOON9 :•.� i�f :''�Z 1.GiG1r-- 1.il -rlflH : �Uy i fi } ®� � ®eMA am ® m• m .+ .26 �0 9.9 .24 Yr�����_ Co .22 C 0.20 r`ti CV aW 9$ a s � .16 .400 �Y C (� O .74 U � `o 200 a 5.0 y 1}_72 v CL �.. 0.10 m Q V b � t9 ) Seale derived by Vere9109 lCorreLations from Illinois. Louisiaina anti TLM" (2) She derived 0R NCHRP Pro) 133. # ��B•Tfeated haSGS � '' b %h bss� Rs�n�etl p�V aer. �ogux� 2.5. valriallon in o r cerrl 170 *d 6L9T 2-59 2T8 N3aUWU QNd SNOON9 :•.� i�f :''�Z 1.GiG1r-- 1.il -rlflH : �Uy i fi } C E-11 i r ■ y ATIG -06 -2007 l b g �:� � tact b �s rs� 4.l. inn vsz � / • i TABLE 5.1 RIMATIONS)UP BE MEN RESXLI T x0D ys di&) LnWROCK BEARING RATIO MDR) SALE VALMS 'The f011 0wi nq are some L imerock Bearing Ratio (L )3R) input values that were input into these equations to obtain Resilient modulus (N) values.. L i merock Bearing Resilient Modulus Ratio ( LBR) PSSI ima Ili 4SOO 30 22 5404 35 14 5500 39 16 6000 43 �4 7004 47 2_,� 0 7500 51 .22 5000 5+4 24 8500 se 26. 9000 61 26 9500 65 30 10000 68 32 10500 72 34 11040 75 36 11500 7 e' 38 12000 81 40 12000 64 so 5L9Z £S9 ELS Qagi6 5.6.0 w L" W P2 r� LO z ui ct ct z C1 N Q W [1 i Exam ®t�: 2A �� D s 9 inches £as m 30,000 psi & V N(R s 4,900 psi ate 6P59 = 3.0 l6�� �r i Aliowabie 18 -kip Equivalent Base Layer Thickness, 0a� (inches) Singie-Axle Lood Applicolions, W#aObouscrids) psi � 2.5to o �A F40ure A.2. Dosign chart for aggreg®tio-aurieced reads conaldertng allowable eerviceabillty lose. � o b ro 4 .1 7aVe 57. r /file • rA _s °b A A �r i Aliowabie 18 -kip Equivalent Base Layer Thickness, 0a� (inches) Singie-Axle Lood Applicolions, W#aObouscrids) psi � 2.5to o �A F40ure A.2. Dosign chart for aggreg®tio-aurieced reads conaldertng allowable eerviceabillty lose. � o b ro 4 .1 7aVe 57. r /file • rA 60 Cl JOILLi1 07/2412607 09:25 FAX F 07/23 FAX 717 637 714h VFE i 1 E Architectural Products 2a1i7 Roxad H®n�r PA 17339 i 717 7-MUd FIML- YO.07 7145 e�+ww►.fi r�,�rr1 • WI V AIRCH Pp,OD . 003 Hanoveto Presto Stick Test Results Till_ TEST RFSCILTS DispLAYI_DA12ETAKEN FROM SAMPLES OF HANOVER'S STANI AARD PIZESTO 8MCKS. CUSMm MCC DFS'C -NS WOULD Pr4ODUC*TEST ORA ACCOWINGTO TH6 STRENGTH$ CFTHE ACeREC;ATFS USPD ARCHMECTURAL TES aj � . ve�Pfaaa YO& k 17s - i�4�1mBa i 19,76d.d12fl- :717 FMIG& SU mrlary: Solid oonorefe interiactcing pavin® units referred to as H011otvere presto 8rfck Pavers' were tested for Compres$W Strength 0.2). Absorption (1.3), oancl 4031stance to Freezing and Thawing (1.d) in 00cordance withASju c936.82. Standard Speciflosation br Solid Concrete Interio7aKng Pcwing Units, ASTM C14"1 - Stondord Methods of Ssamplir;g and Testing Concrete Masonry Units (Section 6), ASTM C140 -91 - Standard Methods of Sampling and Testing r,cr ®#e Masonry Units (See, ion 6), and ASTM Cd7 -87 - ftndard Methccs of Sampling and Testing Stick and Structural Ciciy Tfla (Section 6). The resins at each of these tests and the related procedures are reported in the %suits portion of this report. COMPRESSIVE STREIGTM TESY 1, BSULTS JANUARY 1, 1997 PraaeGduras: Evaluation of the sPOcimens w as ps6amed in accordanoe w�h ASTNI 0140 -91, Stand0rd Methods of Sampling and Tasting Concrete Masonry Unil& The coloulation of Not Area woo determined by ASTM CI 40-91, paragraph 5.6.3. TEST RMLTS $Pon-,lmen Nominal Boaring , Co r mpressIve ComprAwalve Number Area (1n2 Load (ibs) nth -) N-1 9.0 66,000 N-2 9.0 81,500 9,056 9.0 87,5W 9.722 P+4 9.0 80.000 9.0 8.889 N-6 66,540 9„611 td-6 9,0 95,WD 10,666 N -7 9.0 75,000 6.333 9.0 87,500 0,722 I�4 74.500 N-10 :D 701000 6.276 zM Avarwja 9,139 81crternam apt COMPIlaamm, These rssultz show cornpbr to ASTM 09a6.8 , Poragraaph 4.1 Cori "SWe Str®rlgtN which staa1`63 4.. the erverage comprgwive strength or ?ha► tee scsrttptes shall to not less than 6,000 psL (55 MPs) wsth no Indl~rkJual unit lea that 7,200 psi (a0 MPd)..,' 2,0°d 6Z9T -?-S9 LTcZ N3QkiWU QNd SrI00dg Page 1 or 2 Sc : 91 L002!- r,Pi-nnH 0 91 4, Gonzalez Architects Architecture * Planning * Interiors MEMORANDUM Date: August 6, 2007 To: City of Clearwater DRC From: Nathan Pollard Project: Clearwater Hilton (400 Mandalay Ave) Subject: Response to Development Review Comments 6 -27 -07 CC: Margaret Roberts ORIGINAL RECEIVED AUG 0 "! 2007 PLANNING DEPARTMENT . CITY OF CLEARWATER Please allow this to be our formal response along with revised drawings to the comments dated August 3, 2007. Fire Department 1 Engineering letter to be provided Landscaping: 1 Full curb provided with lowered curb sections for stormwater. 2 Palms revised 3 Existing to remain, plan revised. 4 Schedule revised to 2725 TV Traffic Engineering: 1 Stop bar and signs revised to be adjacent. 2 Angled parking revised to be same as A0.01 3 A3.01 revised to Show 19 foot dimension 4 Island revised to provide 24 foot drive aisle. Zoning: Parking count revised and replaced on sheet End. 32 East Bay Street, Savannah, Georgia 31401 * (912) 201 -9888, Fax (912) 201 -0240 2720 A North Roosevelt Blvd., Key West, Florida 33040 * (305) 294 -3748, Fax (305) 294 -8217 .,, _ �, � . • Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Friday, August 03, 2007 6:34 PM To: 'MRoberts2 @luxuryresorts.com' Subject: FW: Clearwater Hilton Margaret - Forgot to mention that I would need two copies of the revised sheets to be submitted when you resubmit to me next week. Wayne - - - -- Original Message---- - From: Wells, Wayne Sent: Friday, August 03, 2007 6:28 PM To: 'Roberts, Margaret' Cc: Rice, Scott; Doherty, Steve; Elbo, Bennett Subject: RE: Clearwater Hilton Margaret - Following are the comments on the revised plans submitted that require revision to the plans. It appears that Traffic Engineering has not reviewed the revised plans or has not changed their comments in the computer. It appears to me that their comments have been adequately revised by you. I would concentrate on Fire, Landscaping and Zoning comments at this point. I will need to enquire of Traffic Engineering on Monday morning as to the status of their comments. . Fire Department - Jim Keller (562 -4327 x3062) 1. NFPA -1 Fire Department access roads shall be designed and maintained to support the imposed load of 80,000 to date confirmation is needed to verify that the pavers being used will support this weight. Acknowledge PRIOR to D.O. Landscaping - Wayne Wells (562 -4504) 1. 8/3/07 - WW Sheet A0.01 has been revised to indicate a flush curb along the west side of the circular drive in the southern parking lot. The purpose of vertical curbing is to protect landscaped areas from vehicular encroachment. If, from a drainage standpoint, a flush curb is necessary at this location, need some form of alternative protection to prevent vehicular encroachment, such as the installation of bollards. 6/25/07 - WW Sheet A0.01 indicates a new baffle box to connect to the storm drain inlet. Plan does not indicate how the stormwater is to get to the existing inlet east of the tiki bar (no break in the curbing shown; trough previously shown to connect pavement area to inlet) and there is no break in the curbing nor a trough to get stormwater to the existing inlet west of the circular drive. Revise both Sheets A0.01 and LD -01. 5/27/07 - WW Sheet A0.01 indicates a new trough gutter by the Tiki bar - Pump house to allow stormwater to get to the storm inlet to now be within the landscape area on the west side of the parking lot and at the west end of the circular drive, yet landscaping is inconsistent on Sheet LD -01 for these new trough gutters. Revise. 2. Sheet LD -01 - Revise the following islands with two palms indicated to be planted to plant one additional palm in each island (total of three palms per island): a. two islands in the north parking lot on the west side in a north /south orientation; and 8/3/2007 T'y 110� 0 • Page 2 of 2 b. the island in the north parking lot close to the driveway to Mandalay Avenue. In the north parking lot, add three palms to the island south of the islands on the west side in an east/west orientation (presently shown with no trees). 3. Sheet LD -01 - Plan indicates "existing turf' adjacent to the parking facing Mandalay Avenue between Papaya Street and the northern driveway, yet there are other plantings along this area (hedge and trees). Revise to indicate that these plantings exist and are not proposed to be removed to only have turf. 4. Sheet LD -01 - In the Plant Schedule, there are 2725 TV indicated on the plan, but only 2700 in the Schedule. Revise. Traffic Engineering - Bennett Elbo (562 -4775) 1. Add stop signs and stop bar per current M.U.T.C.D. standards. NOT MET STOP SIGN AND STOP BAR SHALL BE ADJACENT TO EACH OTHER. 6/18/2007 2. Convert angled parking spaces to be 90- degree parking spaces. NOT MET SEE PAGES LD01 and LD02. 6/18/2007. 3. For Sheet A3.01 - Revise Detail 6 to indicate the parking space at 19 feet in length, consistent with that indicated on Sheet A0.01. NOT MET. 6/18/2007 4. Sheets A0.01, LD -01, LD -02 and D0.01 depict a 90- degree parking space on the southeast side of a circular drop -off area. This parking space does not have 24 -foot aisle width required per Community Development Code Sec.3- 1402(A). Revise plan accordingly. NOT MET. 6/18/2007 Zoning - Wayne Wells (562 -4504) 1. Sheet A0.01 - Parking count "box" has been removed. Update the numbers in the box and revise to place the box back on this sheet. Wayne - - - -- Original Message---- - From: Roberts, Margaret [mailto:MRoberts2 @luxuryresorts.com] Sent: Friday, August 03, 2007 10:45 AM To: Wells, Wayne Subject: Clearwater Hilton Wayne, Do you or your committee have any additional questions regarding our latest submittal? Please let me know. My architect is standing by to produce any revisions necessary. Thanks, Margaret 8/3/2007 • • Page 1 of 2 Wells, Wayne From: Roberts, Margaret [MRoberts2 @luxuryresorts.com] Sent: Tuesday, July 31, 2007 11:39 AM To: Vo, Phuong; Albee, Rick; bennett.elbow @myclearwater.com; Sullivan, Robert "Scott'; Melone, Donald; Chaplinsky, Tom; elliot .showburg @myclearwater.com Cc: npollard @gonzalez- architects.com; Wells, Wayne Subject: RE: Clearwater Hilton: Response Phuong, This is the best news I have gotten all morning. If anyone else has an approval or additional questions at this point, please let me know. I really appreciate all of your hard work on this review. Best, Margaret Margaret Roberts Project Manager Luxury Resorts 239.734.2713 From: Phuong.Vo @myClearwater.com [ mailto :Phuong.Vo @myClearwater.com] Sent: Tue 7/31/2007 9:50 AM To: Roberts, Margaret; Rick.Albee @myClearwater.com; bennett.elbow @myclearwater.com; Scott .Sullivan @myClearwater.com; Donald.Melone @myClearwater.com; Tom. Chapl ins ky@myClea rwater.com; elliot .showburg @myclearwater.com Cc: npollard @gonzalez- architects.com Subject: RE: Clearwater Hilton: Response Margaret, This is to inform you that Stormwater has signed off on your case. Thanks, Phuong Vo - - - -- Original Message---- - From: Roberts, Margaret [mailto :MRoberts2 @luxuryresorts.com] Sent: Monday, July 30, 2007 10:51 AM To: Albee, Rick; bennett.elbow @myclearwater.com; Vo, Phuong; Sullivan, Robert "Scott"; Melone, Donald; Chaplinsky, Tom; elliot .showburg @myclearwater.com Cc: npollard @gonzalez - architects.com Subject: Clearwater Hilton: Response Dear Development Review Committee, 7/31/2007 �,� �__�� � • Page 2 of 2 Attached is the Clearwater Hilton's response to your comments dated June 27, 2007. Please see revised drawings at the following link: http:/ /www gonzalez- architects com /Clearwater /Clearwater - Hilton- 400 - Mandalay- Ave.p_df Signed, sealed hard copies of all items requested are being filed this morning, but I thought all of you might like an electronic version for your files. If you have further questions or concerns, please let me know. My architect and engineer are standing by so they can address any outstanding items as quickly as possible. Thanks, Margaret Roberts Project Manager Clearwater Hilton 239.734.2713 7/31/2007 0 Gonzalez Architects Architecture * Planning * Interiors MEMORANDUM T�atP• Julv 27. 2007 Tn• City of Clearwater DRC Frnm • Nathan Pollard Project: Clearwater Hilton (400 Mandalay Ave) Subject: Response to Development Review Comments 6 -27 -07 CC: Margaret Roberts Please allow this to be our formal response along with revised drawings to the comments dated June 27, 2007. Traffic Engineering: 1 Stop bar and signs revised to be adjacent. 2 Angled parking revised to be same as A0.01 3 A3.01 revised to Show 19 foot dimension 4 Island revised to provide 24 foot drive aisle. Stormwater: See attached drainage report. Landscaping: IA Revised 17 PD -B 1B Revised 31 BL 1C Revised 330 CM -BB 1 D Revised 169 IV 1 E Revised 100 MP IF Revised 82 NO -PP 1G Revised 230 RI ORIGINAL RE 1AD 7007 Plp►IVC�'lEd., N4ENI CITY OF CLEPOWNATER 2 Parking facing south is revised. 3 Curb is to be flush with plantings. Plantings will not interfere with storm drains. 4 Drawing revised, hedge provided. 5 Shade trees provided along Papaya St. 6 Interior islands changed to palms. 32 East Bay Street, Savannah, Georgia 31401 * (912) 201 -9888, Fax (912) 201 -0240 2720 A North Roosevelt Blvd., Key West, Florida 33040 * (305) 294 -3748, Fax (305) 294 -8217 0 7 Irrigation shall meet city code. Note provided on drawing. 8 Low shrubs shown within site triangle. 9 Landscape notes removed. Zoning: 1 Fence detail provided see A3.01 2 Yellow Striping is reserved for buses see note 8 A0.01 3 Revised with 90- degree parking and island. 4A Revised to indicate "hotel units" 4B Revised with a line for interior landscaping 5 Application revised 6 Lighting typical shown on A0.01, and also shown on LD -01 7 Revised to provide 24' drive aisle. End. ORiii. RED 's JL 3 0 2007 C1V,)P CL AjER 32 East Bay Street, Savannah, Georgia 31401 * (912) 201 -9888, Fax (912) 201 -0240 2720 A North Roosevelt Blvd., Key West, Florida 33040 * (305) 294 -3748, Fax (305) 294 -8217 • Wells, Wayne From: Wells, Wayne Sent: Tuesday, July 10, 2007 5:51 PM To: 'MLRoberts51674 @hotmail.com' Cc: Thompson, Neil Subject: FLS2007- 05023, 400 Mandalay Avenue Margaret - • While repainting the exterior of the building is part of the FLS process, I have not received any negative letters from any property owners sent a notice for your application. I understand that you are working to resolve all DRC comments prior to resubmission. Based on not receiving any negative comments, by this email I am authorizing, prior to the issuance of the Development Order for this application, the commencing to repaint the building into the color scheme and colors (Designer White and High Style Beige) submitted. The Development Order, when issued, will include final written authorization for the repainting of the building. Wayne • • Wells, Wayne From: Camara, Jahayra Sent: Monday, July 09, 2007 3:04 PM To: Thompson, Neil; Wells, Wayne Cc: Garriott, Kevin; Wagner, James; Legters, Neil; 'Icortes @cortesmail.com' Subject: FW: exterior painting on Hilton Importance: High Wayne, Page 1 of 1 Lara Cortes (contractors representative) for the Hilton emailed me regarding the hotel's exterior painting. I am f6m arding this email so they may have an accurate response to their request. Jahayra - - - -- Original Message---- - From: Lara Cortes [mai Ito: lcortes @cortesmail.com] Sent: Monday, July 09, 2007 2:29 PM To: Camara, Jahayra Subject: exterior painting on Hilton Importance: High Jahayra, Margaret just called me to ask if we are able to proceed on exterior painting? She submitted colors, what else do we need to do to begin that process. Thanks Best Regards, Lara Cortes Contract Administration Cortes Construction Services, LLC 2165 Sunnydale Blvd., Suite C Clearwater, FL 33765 Email: Lcortes @cortesmail.com <mailto:Lcortes @cortesmail.com> office: 727.442.5559 fax: 727.442.5994 mobile: 727.534.1237 www.cortesconstruction.com This e-mail is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 7/12/2007 0 Page 1 of 1 Wells, Wayne From: Nathan Pollard [npollard @gonzalez - architects.com] Sent: Friday, July 06, 2007 4:41 PM To: Rice, Scott; Vo, Phuong; Wells, Wayne; mlroberts51674 @hotmail.com; Wiley Parker; Jeff Rodgers Cc: Quillen, Michael Subject: Re: Stormwater System - Hilton - 400 Mandalay Perez Engineering Jeff Rodgers; Please see Mr. Rice's comments below. Incorporate this into your scope of work as previously discussed. Nathan Pollard Gonzalez Architects 32 East Bay Street Savannah, Georgia 31401 phone: 912 - 201 -9888 fax: 912 - 201 -0240 - - - -- Original Message - - - -- From: <Scott Riceg—myClearwater.com> To: <npollard@gonzalez- architects com >; <Phuong Vo @myClearwater.com >; <Wayne Wells myClearwater.com >; <mlroberts51674ti)hotmail.com> Cc: <Michael Quillen@myClearwater.com> Sent: Friday, July 06, 2007 4:07 PM Subject: Stormwater System - Hilton - 400 Mandalay The condition of the existing ponds on the subject site cannot be separated from the other stormwater issues identified in the comments on Case # FLS2007- 05023. The proposed baffle box is located at the upper end of the stormwater system at the site and may be of little value at this location. Having an engineer review the site conditions and propose maintenance /modifications is necessary to assure the system works properly and efficiently. All of the comments,in FLS2007 -05023 need to be addressed prior to issuance of a permit for work in the parking lot. D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562 -4781 7/9/2007 • Wells, Wayne • From: Rice, Scott Sent: Friday, July 06, 2007 4:08 PM To: ' npollard @gonzalez - architects.com'; Vo, Phuong; Wells, Wayne; 'mlroberts51674 @hotmail.com' Cc: Quillen, Michael Subject: Stormwater System - Hilton - 400 Mandalay The condition of the existing ponds on the subject site cannot be separated from the other stormwater issues identified in the comments on Case # FLS2007- 05023. The proposed baffle box is located at the upper end of the stormwater system at the site and may be of little value at this location. Having an engineer review the site conditions and propose maintenance /modifications is necessary to assure the system works properly and efficiently. All of the comments in FLS2007 -05023 need to be addressed prior to issuance of a permit for work in the parking lot. D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562 -4781 Wells, Wayne From: mlroberts51674 @hotmail.com Sent: Tuesday, July 03, 2007 5:50 PM To: Wells, Wayne; Nathan Pollard; Jose Gonzalez Cc: msdambra @gonzalez - architects.com; Rice, Scott; Vo, Phuong; Elbo, Bennett Subject: Re: 400 Mandalay Ave Wayne, you are the best. Scott, where do we stand on the retention pond? Our goal is to avoid any impact on this drainage area. Plaes let us know. Thanks everyone for working so hard on this with us. Have a great holiday. Margaret Sent via B1ackBerry from Cingular Wireless - - - -- Original Message---- - From: <Wayne.Wells @myClearwater.com> Date: Tue, 3 Jul 2007 17:34:18 To: <npollard @gonzalez- architects.coin> Cc : <mlroberts51674 @hotmail.com >,< msdambra @gonzalez- architects.com >, < Scott. Rice @myClearwater.com >,< Phuong. Vo@ myClearwater. com>, <Bennett.Elbo @myClearwater.com> Subject: RE: 400 Mandalay Ave Nathan - As I just finished one project on a deadline, I have reviewed the revised location of the six parking spaces. This has also been reviewed with Bennett Elbo in Traffic Engineering. The revised location is 'acceptable. Revised plans reflecting all changes need to be resubmitted to the Planning Department prior to issuance of a Development Order. Please submit three copies of plans and revised application material. Wayne - -- Original Message ----- From:Sent:To:Cc:Subject: Mr. Wells, Attached is our revised site plan. As discussed with you earlier I have changed the south east corner's design to leave the existing. Your feed back is greatly appreciated. Nathan Pollard Gonzalez Architects 32 East Bay Street Savannah, Georgia 31401 phone: 912 - 201 -9888 fax: 912- 201 -0240 1 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, July 03, 2007 5:34 PM To: 'Nathan Pollard' Cc: Margaret Roberts; Monica D'Ambra; Rice, Scott; Vo, Phuong; Elbo, Bennett Subject: RE: 400 Mandalay Ave Nathan - As I just finished one project on a deadline, I have reviewed the revised location of the six parking spaces. This has also been reviewed with Bennett Elbo in Traffic Engineering. The revised location is acceptable.. Revised plans reflecting all changes need to be resubmitted to the Planning Department prior to issuance of a Development Order. Please submit three copies of plans and revised application material. Wayne - - - -- Original Message---- - From: Nathan Pollard [mailto: npollard @ gonzalez- architects.com] Sent: Friday, June 29, 2007 5:18 PM To: Wells, Wayne Cc: Margaret Roberts; Monica D'Ambra Subject: 400 Mandalay Ave Mr. Wells, Attached is our revised site plan. As discussed with you earlier I have changed the south east corner's design to leave the existing. Your feed back is greatly appreciated. Nathan Pollard Gonzalez Architects 32 East Bay Street Savannah, Georgia 31401 phone: 912 - 201 -9888 fax: 912 - 201 -0240 7/3/2007 "M .0 � , Page 1 of 1 Wells, Wayne From: Nathan Pollard [npollard @gonzalez - architects.com] Sent: Friday, June 29, 2007 5:18 PM To: Wells, Wayne Cc: Margaret Roberts; Monica D'Ambra Subject: 400 Mandalay Ave Mr. Wells, Attached is our revised site plan. As discussed with you earlier I have changed the south east corner's design to leave the existing. Your feed back is greatly appreciated. Nathan Pollard Gonzalez Architects 32 East Bay Street Savannah, Georgia 31401 phone: 912 - 201 -9888 fax: 912 - 201 -0240 C 7/3/2007 it le I ys YIN CT� C . ik - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - go 4. ;Sin . . .. . . . W.A FM v 0,20-10Z We) ..j 0996-102 (F im :tz Je lei it le I ys YIN CT� C . ik - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - go 4. ;Sin . . .. . . . M IN IVA; MIFA r- � L-J' --w1ow I-069-61's II i 1 -------------------------- - i r gee I W.A FM M IN IVA; MIFA r- � L-J' --w1ow I-069-61's II i 1 -------------------------- - i r gee I v Je lei • Wells, Wayne 0 From: Wells, Wayne Sent: Wednesday, June 27, 2007 12:28 PM To: 'MLRoberts51674 @hotmail.com' Cc: Elbo, Bennett; Vo, Phuong; Rice, Scott; Watkins, Sherry; Thompson, Neil Subject: FLS2007- 05023, 400 Mandalay Avenue Margaret - Attached are the DRC review comments based on the most recent resubmittal. Prior to the issuance of a Development Order, please submit to me two copies of the revised application material responding to the attached comments. Please also provide a response to comments letter stating how or where in the application material the comments have been addressed. Wayne CAI DRC review mments as of 6.27, F_LS2007 -05023 - 400 Mandalay Avenue (Hilton) — Comments as of June 27, 2007 to be addressed Traffic Engineering — Bennett Elbo (562 -4775) 1. Add stop signs and stop bar per current M.U.T.C.D. standards. NOT MET STOP SIGN AND STOP BAR SHALL BE ADJACENT TO EACH OTHER. 6/18/2007 2. Convert angled parking spaces to be 90- degree parking spaces. NOT MET SEE PAGES LDO1 and LD02. 6/18/2007. 3. For Sheet A3.01 - Revise Detail 6 to indicate the parking space at 19 feet in length, consistent with that indicated on Sheet AO.01. NOT MET. 6/18/2007 4. Sheets AO.01, LD -01, LD -02 and DO.01 depict a 90- degree parking space on the southeast side of a circular drop -off area. This parking space does not have 24- foot aisle width required per Community Development Code Sec.3- 1402(A). Revise plan accordingly. NOT MET. 6/18/2007 Stormwater Engineering — Phuong Vo (562 -4752) The following shall be addressed prior to Development Order (D.O.) a. Show the existing storm sewer system along with proposed baffle box on the grading plan. b. Existing site has 2 retention ponds at northeast corner. Based on the site visit, the ponds are not in permitted conditions. Originally, the ponds were 2 feet deep. Please restore the ponds to their permitted conditions. c. Proposed improvement has put 2 existing grate inlets, located to the west, in the proposed landscape area. It is a concern that the runoff from pavement through the proposed flumes will wash the mulch and debris of the landscape area into the grate inlets. Please show how this problem can be avoided. d. Is the baffle box proposed to connect the 2 mentioned grate inlets? Please provide the type, size, and slope of pipes on grading plan. What does the arrow, pointed west from the baffle box, represent? Provide a maintenance schedule for the baffle box. The following shall be addressed prior to issuance of building permit: a. Provide a copy of the approved SWFWD permit or letter of exemption. Pagel of 4 • i General note: a. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Landscaping — Wayne Wells (562 -4504) 1. Sheet LD -01 - In the Plant Schedule, recount and revise the following: a. It is indicated 21 PD -B to be on the plan, but I only find 15; b. It is indicated 26 BL to be on the plan, but I find 31; c. It is indicated 329 CM -BB to be on the plan, but I find 330; d. It is indicated 168 IV to be on the plan, but I only find 163; e. It is indicated 99 MP to be on the plan, but I find 100; f. It is indicated 45 NO -PP to be on the plan, but I only find 15; and g. It is indicated 119 RI to be on the plan, but I find 281. 2. Sheets LD -01 & LD -02 - With the proposed six space row of parking facing the southern property line, there are additional trees, plantings and a retention area impacted that is not indicated on the plans. Need to resolve issues with Stormwater Engineering first. If parking is to be retained as designed on the plans, then need to address the relocation (or removal) of the existing trees and the removal of plantings in this area and propose replacement trees and landscaping to shield this parking area. 3. 6/25/07 - WW Sheet A0.01 indicates a new baffle box to connect to the storm drain inlet. Plan does not indicate how the stormwater is to get to the existing inlet east of the tiki bar (no break in the curbing shown; trough previously shown to connect pavement area to inlet) and there is no break in the curbing nor a trough to get stormwater to the existing inlet west of the circular drive. Revise both Sheets A0.01 and LD -01. 5/27/07 - WW Sheet A0.01 indicates a new trough gutter by the Tiki bar - Pump house to allow stormwater to get to the storm inlet to now be within the landscape area on the west side of the parking lot and at the west end of the circular drive, yet landscaping is inconsistent on Sheet LD -01 for these new trough gutters. Revise. 4. Sheet LD -01 - Plan indicates at the intersection of Papaya Street and Mandalay Avenue to plant two Senegal Date Palms and to remove the oleanders. The plan does not indicate any hedge or additional shrubs /groundcover to be planted to replace what is being removed. Revise plan to include the provision of a new hedge and additional shrubs /groundcover to connect the hedge fronting the parking facing Mandalay Avenue with the proposed hedge of oleanders along Papaya Street at this intersection. Page 2 of 4 5. Sheets LD -01 & LD -02 - Plans indicate 12 sable palms are going to be relocated to the planting area along Papaya Street. However, I only count five sable palms on Sheet LD -02 impacted to be relocated, not 12. The planting area along Papaya Street is approximately 12 feet in width from the back of sidewalk. The sable palms may rather be planted in interior islands in the northern and southern parking lots where there is not an eight -foot interior width of the island. Along Papaya Street, plant shade trees (live oaks that were planned in the northern and southern parking areas are acceptable) every 35 feet. Include along Papaya Street east of the driveway a continuous hedge (petite oleander is specified) augmented by a second tier of shorter shrubs or groundcovers on the street side of the oleanders. Plant along Papaya Street west of the driveway a continuous hedge (in addition to the existing palms). 6. Sheet LD -01 - Previously you were asked to upgrade landscape islands to meet the Code requirements for interior landscape area with trees and shrubs. Islands less than eight feet inside curbs cannot be planted with shade trees (live oaks), as there is insufficient area for the growth of the tree and its root system. Revise the following islands to plant with palms or accent trees (two accent trees = one shade tree; three palms = one shade tree): a. two islands in the south parking lot north of the south property line (one north of six spaces facing southern property line and island west of westernmost parking row); and b. all islands in the northern parking lot less than eight feet interior width. 7. 6/25/07 & 5/27/07 - WW Sheet LD -01 - Irrigation must meet the City Code per Section 3- 1203.C; adjust plans to show 100% coverage, rain sensor, automatic timer, etc. 8. 6/25/07 - WW The Code requirement is to ensure new plantings (trees /shrubs) that cannot meet the clear visibility between 30- inches and eight feet are not planted within the visibility triangles and that the shrubs /groundcover within the visibility triangles are maintained to meet the clear visibility between 30- inches and eight feet. The intent of the comment below was not to remove all shrubs /groundcovers from the visibility triangles as now indicated with only turf to be planted. Revise to indicate shrubs /groundcovers. 5/27/07 - WW Landscape Plan Sheet LD -01 does not show the sight triangles accurately (20' x 20'). Revise the plan to properly show these triangles at the driveway. Landscaping within these visibility triangles must have clear visibility between 30- inches and eight feet. Revise plantings within these visibility triangles. 9. Sheet A0.01 - Remove Landscape Narrative from this sheet and, if necessary, place on Sheet LD -01. Page 3 of 4 Zoning — Wayne Wells (562 -4504) 1. 6/25/07 & 5/27/07 - WW Sheet A0.01 - A new fence is indicated around the pool area. What type and height of fence is proposed? 2. 6/25/07 & 5/29/07 - WW In the north parking lot, why is there the equivalent of six parking spaces striped out in yellow so as to prevent parking? 3. Traffic Engineering previously requested to turn the angled parking adjacent to Mandalay Avenue to 90- degree parking and the revised plans now show that orientation of parking. However, due to the angled areas on the north and south sides of this parking row, there are wide areas of unusable asphalt pavement. Upon further review based on the revised parking angle to 90- degrees, and based on site inspection of this area, reality is that the terminal island adjacent to the driveway and Mandalay Avenue is not oval in shape but is at a 90- degree angle to the drive aisle. Revise to reflect reality. 4. Sheet T1.01 - Revise Site Data Table: a. under "Description" to indicate "hotel units" rather than "dwelling units" for existing and proposed; and b. provide a line for "interior landscaping" and show the existing and proposed square footage and percentage of the vehicular use area (south parking lot) for interior landscaping. 5. 6/19/07 & 5/15/07 - WW Revise the "Parcel Size (acres)" and "Parcel Size (square feet)" on Page 1 of the application to "10.03 acres" and "436,928 square feet ". 6. 6/19/07 - WW Sheet A0.01 indicates through Note #7 that light poles are shown on the plan, but there is no legend showing what the light pole symbol is or there is no note "light pole typ" on the plan. Revise. 5/9/07 - WW Show the location of all outdoor lighting fixtures. Plans and written material indicate that existing light poles will be relocated as necessary. Need to show on Sheets A0.01 and LD -01 to see.relationship to proposed landscaping. 7. Sheets D0.01, A0.01, LD -01 and LD -02 - Revise the landscape island separator adjacent to the main drive into this southern parking lot southeast of the circular drive to provide a 24 -foot backup /drive aisle for the parking space closest to the landscape island separator (see Traffic Engineering comment also). S :• Planning Department ICD BTlex Standard (FLS) (Pending Cases 12 - Reviewed and PendinglMandalay 400 Hilton (T) - 6.7.07 DRC - WWIDRC review comments as of 627.07.doc Page 4 of 4 0 0 Gonzalez Architects V Architecture * Plannin g * Interiors MEMORANDUM Date: June 13, 2007 To: City of Clearwater DRC From: Nathan Pollard Project: Clearwater Hilton (400 Mandalay Ave) Subject: Response to Development Review Agenda Comments CC: Margaret Roberts Please allow this to be our formal response to the comments from the Development Review Agenda of June 7, 2007. Land Resources: 1 -2 General Contractor will apply for permits at time they are awarded the contract. Landscaping: 1 -14 All revised see drawings. Stormwater: 1 -2 As discussed with James Wagner and Phuong Vo, Stormwater baffle box will be provided. See drawings A0.01 and A3.01. Traffic Engineering: 1 -15 All revised see drawings. Planning All revised see drawings 4 See Color samples with 11x17 drawings ORIGINAL 5 -15 All revised see drawings RECEIVED 16 Form to be submitted JUN (� 1 ?Q�� 17 Revised see drawings If there are any questions feel free to contact our office. PLANNING ©Ei�i4RTi�tl+! i LAN IN CLEPARTMEP 32 East Bay Street, Savannah, Georgia 31401 * (912) 201 -9888, Fax (912) 201 -0240 2720 A North Roosevelt Blvd., Key West, Florida 33040 * (305) 294 -3748, Fax (305) 294 -8217 0 1 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, June 14, 2007 1:31 PM To: 'Stone, Michael' Subject: RE: Declaration of Unity of Title document 727 - 562 -4504 - - - -- Original Message---- - From: Stone, Michael [ mailto :MStone @luxuryresorts.com] Sent: Thursday, June 14, 2007 11:13 AM To: Wells, Wayne Subject: RE: Declaration of Unity of Title document Wayne -.what is you phone number? I have a couple of questions on this. Thanks. Michael Stone LXR Luxury Resorts Assistant General Counsel Office: 561 - 544 -2447 Cell: 561 - 400 -0791 From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Thursday, June 14, 2007 10:03 AM To: Stone, Michael Subject: Declaration of Unity of Title document 6/14/2007 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Wednesday, June 06, 2007 4:32 PM To: 'Margaret Roberts' Subject: RE: FLS2007- 05023, 400 Mandalay Avenue Margaret - The purpose of the meeting is to make sure you understand the comments so that you can make the necessary changes, in light of all other comments made. The purpose is also not to turn in revised plans or portions of the application material. All changes need to be made on all the necessary plans and then a resubmittal is made. If you want to bring one copy of the revised landscape plan to show us, that is fine. I will not, however, review it . outside of the resubmittal addressing all review comments. We try to turn the resubmittal around fairly quickly, with a review of the resubmittal within one week. It depends on whether additional changes need to be made as to when a Development Order is issued. Once a Development Order is issued, then you can submit for a building permit. I have no control over how long it takes to review and issue any building permits. That comes under the Building Department. Wayne - - - -- Original Message---- - From: Margaret Roberts [ mailto :mlroberts51674 @hotmail.com] Sent: Wednesday, June 06, 2007 2:50 PM To: Wells, Wayne Cc: FKynkor @luxuryresorts.com ;.Jose @gonzalez- architects.com; Subject: RE: FLS2007- 05023, 400 Mandalay Avenue Wayne, Thanks for your comments on our application. npollard @ gonzalez- architects.com Since the time of our submission, our landscape plan has been revised. Attached is the latest version. Could you pass this along to your team? I will bring hard copies to our meeting tomorrow. Once we submit our corrections, how long will it take to for you to issue your Development Order? And to get through permitting? We need to start no later than Monday, July 9. We will do whatever it takes to have all necessary permits in hand by that time. Please let me know. Thanks, Margaret 6/7/2007 l Page 2 of 2 MARGARET ROBERTS 713 BRUCE AVENUE CLEARWATER, FL 33767 239.734.2713 From: <Wayne.Wells @myClearwatercom> To: <MLRoberts51674 @hotmail.com> Subject: FL52007- 05023, 400 Mandalay Avenue Date: Mon, 4 Jun 200717.•05.•26 -0400 >Margaret - >Attached are the Draft DRC comments for the above referenced case, to be heard by the DRC at 2:15 pm on Thursday, June 7, 2007. Should you have questions, feel free to contact me. >Wayne > <<draft 6.7.07 dre action agenda.pdf>> ><< draft6.7.07dreactionagenda.pdf >> 6/7/2007 Wells, Wayne From: Wells, Wayne Sent: Monday, June 04, 2007 5:05 PM To: 'MLRoberts51674 @hotmail.com' Subject: FLS2007- 05023, 400 Mandalay Avenue Margaret - • Attached are the Draft DRC comments for the above referenced case, to be heard by the DRC at 2:15 pm on Thursday, June 7, 2007. Should you have questions, feel free to contact me. Wayne ors draft 6.7.07 dre action agenda... t Wells, Wayne From: Wells, Wayne Sent: Tuesday, May 15, 2007 10:15 AM To: 'MLRoberts51674 @hotmail.com' Subject: FLS2007- 05023, 400 Mandalay Avenue Margaret - Attached is a Letter of Completeness for the above referenced project. I am mailing the original letter. Wayne letter of ,mpleteness 5.15.07 LL CITY OF CLRWATER ° Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MYCLEARWATER. C OM May 15, 2007 Margaret Roberts 713 Bruce Avenue Clearwater, Fl 33767 VIA FAX: No Fax RE: FLS2007 -05023 -- 400 MANDALAY AVE -- Letter of Completeness Dear Margaret Roberts : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 05023. 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 June 07, 2007, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, Wa e Wells, AICP Planner III Letter of Completeness - FLS2007 -05023 - 400 MANDALAYAVE t Gonzalez Architects 32 E. Bay Street Savannah, GA 31401 (912) 201 -9888 FAX (912) 201 -0240 DATE TO pjg94AX41 ATTN RE: • LETTER OF TRANSMITTAL 5-IL-6-7 _lam! x?,Mi C rz k,/A7.r� P/ L To WE ARE SENDING YOU x Attached 0 Under Separate cover via the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications n f'nnv nf Letter ❑ Change Order ❑ THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ Approved as Submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as Noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS / , A6 5v,�t��Y COPY TO I SIGNED: 0 y" Wells, Wayne From: Wells, Wayne Sent: Thursday, May 10, 2007 9:20 AM To: 'MLRoberts51674 @hotmail.com' Subject: FLS2007- 05023, 400 Mandalay Avenue Margaret - Attached is a Letter of Incompleteness for the above referenced project. I am mailing the original letter. One original and 14 copies of the information listed in the Letter of Incompleteness must be resubmitted by noon on Monday, May 14, 2007, to stay on schedule for the June 7, 2007, Development Review Committee. Should you have any questions, feel free to email or call me (727- 562 - 4504). Wayne A letter of completeness 5.10., } LL CITY OF CLL*RWATER o k Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. COM May 10, 2007 r Margaret Roberts VIA FAX: No Fax 713 Bruce Avenue Clearwater, Fl 33767 RE: FLS2007 -05023 -- 400 MANDALAY AVE -- Letter of Incompleteness Dear Margaret Roberts : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLS2007- 05023. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Page 1 of the application: a. The owner according to the Pinellas County Property Appraiser is John S. Taylor, c/o Clearwater- Surfside Trust. The application states BRE /Clearwater Owner LLC. Unclear as to the current owner. Provide a copy of the recorded deed. Revise owner's name as appropriate; b. Provide the address, phone number and fax number for the agent/representative (Wiley Parker); c. Provide the "Parcel Number" for the subject property; d. Provide the "Parcel Size (acres)" and "Parcel Size (square feet) "; e. Fill in the "Proposed Use "; f. Provide the "Description of Request" (or at least indicate "See attached "). Letter of Incompleteness - FLS2007 -05023 - 400 MANDALAYAVE CITY OF CL�RWATER ° Clo earWate r PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W. MYCLEARWATER. COM May 10, 2007 2. Need to provide responses to the following Flexibility criteria for overnight accommodations: J. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 3. On Page 3 of the application, complete the following: ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan-as noted above is included. Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. 4. Provide SIGNED AND SEALED SURVEY (including legal description of property)-- One original and 14 copies. 5. Provide for the area south of the existing hotel building a 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 and indicating trees to be removed) - please design around the existing trees; 6. Provide a TREE INVENTORY for the area south of the existing hotel building; prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; 7. Provide a GRADING PLAN, as applicable, or address through narrative the intended grading for the proposal. Letter of Incompleteness - FLS2007 -05023 - 400 MANDALAYAVE LL � CITY OFCLL�RWATER 0 } earwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARW ATER. COM May 10, 2007 8. Provide on Sheets D0.01, D1.00, A0.01, A0.02 and A1.00 a north arrow and a bar scale. 9. While sight triangles have been shown on Sheet A0.01, the triangles must be shown along the front property line (not where shown) and the edge of driveway (both sides). 10. Show or indicate the location of all street rights -of -way within and adjacent to the site. 11. Depict by shading or crosshatching all required parking lot interior landscaped areas; 12. Show or indicate through notes the location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3- 201(D)(i) and Index #701}; 13. Show the location of all landscape material. 14. Show or indicate the location of all onsite and offsite storm -water management facilities; 15. Show the location of all outdoor lighting fixtures; 16. Provide a SITE DATA TABLE for existing, required, and proposed development, in written/tabular form (see Page 4 of the application for required information). 17. Provide a LANDSCAPE PLAN with the information on Sheet 5 of the application (not to exceed 24" x 36 "). 18. Submit a completed COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 19. Provide color samples /swatches of proposed exterior colors of the building (one set). 20. Show the location of the existing freestanding sign on the site and landscape plans. 21. On Page 6 of the application, complete the acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post - development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. 22. On Page 6 of the application, complete the acknowledgement of fire flow calculations /water study requirements (Applicant must initial one of the following): Fire Flow Calculations /Water Study is included. Fire Flow Calculations /Water Study is not required. 23. On Page 6 of the application, signature of the property owner or representative must be on the application, which must be notarized. 24. Depending on whom the actual property owner is, the Affidavit to Authorize Agent may have to be revised and completed by the actual property owner. Section 4 -202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by noon on Monday, May 14, 2007. Letter of Incompleteness - FLS2007 -05023 - 400 MANDALAYAVE LL CITY OF CLELRWATER 0 �. uearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MYCLEARWATER. C OM May 10, 2007 If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, /V r� w WaYn Wells Planner III Letter of Incompleteness - FLS2007 -05023 - 400 MANDALAYAVE Wells, Wayne From: Reid, Debbie Sent: Friday, August 10, 2007 9:15 AM To: Wells, Wayne Subject: RE: FLS2007- 05023, 400 Mandalay Avenue Wayne, P &R okay on this project - no issues. Debbie O - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, August 08, 2007 9:37 AM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue DRC Members - Revised plans have been resubmitted for the above referenced project. This went to the June 7, 2007, DRC meeting. I have placed one copy of the revised proposal on the cabinets outside Conference Rm 216. Engineering, if you would like to take this one, that is okay. Let me know if all conditions have been or are not still met, or if there are conditions that should be included in the Development Order. Please review by 10:00 am on Friday, August 10, 2007. Wayne 0 0 Wells, Wayne From: Albee, Rick Sent: Wednesday, August 08, 2007 10:58 AM To: Wells, Wayne Subject: RE: FLS2007- 05023, 400 Mandalay Avenue No ISSUES. - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, August 08, 2007 9:37 AM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue DRC Members - Revised plans have been resubmitted for the above referenced project. This went to the June 7, 2007, DRC meeting. I have placed one copy of the revised proposal on the cabinets outside Conference Rm 216. Engineering, if you would like to take this one, that is okay. Let me know if all conditions have been or are not still met, or if there are conditions that should be included in the Development Order. Please review by 10:00 am on Friday, August 10, 2007. Wayne Wells, Wayne • From: Wells, Wayne Sent: Wednesday, August 08, 2007 9:37 AM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue DRC Members - Revised plans have been resubmitted for the above referenced project. This went to the June 7, 2007, DRC meeting. I have placed one copy of the revised proposal on the cabinets outside Conference Rm 216. Engineering, if you would like to take this one, that is okay. Let me know if all conditions have been or are not still met, or if there are conditions that should be included in the Development Order. Please review by 10:00 am on Friday, August 10, 2007. Wayne .ells, Wayne • . Page 1 of 3 From: Doherty, Steve Sent: Monday, August 06, 2007 3:12 PM To: Wells, Wayne Cc: Rice, Scott Subject: RE: Clearwater Hilton Thanks for the case #. All Traffic Engineering Conditions have been met except for one, which requires stop bar and stop sign to be adjacent. I've revised the conditions accordingly. -Steve - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, August 06, 2007 10:45 AM To: Doherty, Steve Subject: FW: Clearwater Hilton FLS2007 -05023 - - - -- Original Message---- - From: Roberts, Margaret [mailto:MRoberts2 @luxuryresorts.com] Sent: Saturday, August 04, 2007 10:50 AM To: Wells, Wayne Subject: RE: Clearwater Hilton Wayne, Thanks for these comments. We will get these revisions right back to you. MLR From: Wayne.Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Fri 8/3/2007 6:33 PM To: Roberts, Margaret Subject: FW: Clearwater Hilton Margaret - Forgot to mention that I would need two copies of the revised sheets to be submitted when you resubmit to me next week. Wayne - - - -- Original Message---- - From: Wells, Wayne Sent: Friday, August 03, 2007 6:28 PM To: 'Roberts, Margaret 8/6/2007 � • Page 2 of 3 • Cc: Rice, Scott; Doherty, Steve; Elbo, Bennett Subject: RE: Clearwater Hilton Margaret - Following are the comments on the revised plans submitted that require revision to the plans. It appears that Traffic Engineering has not reviewed the revised plans or has not changed their comments in the computer. It appears to me that their comments have been adequately revised by you. I would concentrate on Fire, Landscaping and Zoning comments at this point. I will need to enquire of Traffic Engineering on Monday morning as to the status of their comments. Fire Department - Jim Keller (562 -4327 x3062) 1. NFPA -1 Fire Department access roads shall be designed and maintained to support the imposed load of 80,000 to date confirmation is needed to verify that the pavers being used will support this weight. Acknowledge PRIOR to D.O. Landscaping - Wayne Wells (562 -4504) 1. 8/3/07 - WW Sheet A0.01 has been revised to indicate a flush curb along the west side of the circular drive in the southern parking lot. The purpose of vertical curbing is to protect landscaped areas from vehicular encroachment. If, from a drainage standpoint, a flush curb is necessary at this location, need some form of alternative protection to prevent vehicular encroachment, such as the installation of bollards. 6/25/07 - WW Sheet A0.01 indicates a new baffle box to connect to the storm drain inlet. Plan does not indicate how the stormwater is to get to the existing inlet east of the tiki bar (no break in the curbing shown; trough previously shown to connect pavement area to inlet) and there is no break in the curbing nor a trough to get stormwater to the existing inlet west of the circular drive. Revise both Sheets A0.01 and LD -01. 5/27/07 - WW Sheet A0.01 indicates a new trough gutter by the Tiki bar - Pump house to allow stormwater to get to the storm inlet to now be within the landscape area on the west side of the parking lot and at the west end of the circular drive, yet landscaping is inconsistent on Sheet LD -01 for these new trough gutters. Revise. 2. Sheet LD -01 - Revise the following islands with two palms indicated to be planted to plant one additional palm in each island (total of three palms per island): a. two islands in the north parking lot on the west side in a north /south orientation; and b. the island in the north parking lot close to the driveway to Mandalay Avenue. In the north parking lot, add three palms to the island south of the islands on the west side in an east/west orientation (presently shown with no trees). 3. Sheet LD -01 - Plan indicates "existing turf' adjacent to the parking facing Mandalay Avenue between Papaya Street and the northern driveway, yet there are other plantings along this area (hedge and trees). Revise to indicate that these plantings exist and are not proposed to be removed to only have turf. 4. Sheet LD -01 - In the Plant Schedule, there are 2725 TV indicated on the plan, but only 2700 in the Schedule. Revise. Traffic Engineering - Bennett Elbo (562 -4775) 1. Add stop signs and stop bar per current M.U.T.C.D. standards. NOT MET STOP SIGN AND STOP BAR SHALL BE ADJACENT TO EACH OTHER. 6/18/2007 2. Convert angled parking spaces to be 90- degree parking spaces. NOT MET SEE PAGES LD01 and LD02. 6/18/2007. 3. For Sheet A3.01 - Revise Detail 6 to indicate the parking space at 19 feet in length, consistent with that 8/6/2007 r • indicated on Sheet A0.01. NOT MET. 6/18/2007 Page 3 of 3 4. Sheets A0.01, LD -01, LD -02 and D0.01 depict a 90- degree parking space on the southeast side of a circular drop -off area. This parking space does not have 24 -foot aisle width required per Community Development Code Sec.3- 1402(A). Revise plan accordingly. NOT MET. 6/18/2007 Zoning - Wayne Wells (562 -4504) 1. Sheet A0.01 - Parking count "box" has been removed. Update the numbers in the box and revise to place the box back on this sheet. Wayne 8/6/2007 - - - -- Original Message---- - From: Roberts, Margaret [ma i Ito: M Roberts2@ I uxu ryresorts.com] Sent: Friday, August 03, 2007 10:45 AM To: Wells, Wayne Subject: Clearwater Hilton Wayne, Do you or your committee have any additional questions regarding our latest submittal? Please let me know. My architect is standing by to produce any revisions necessary. Thanks, Margaret - w • Wells, Wayne From: Albee, Rick Sent: Monday, August 06, 2007 10:01 AM To: Wells, Wayne Subject: RE: FLS2007- 05023, 400 Mandalay Avenue No Issues - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, July 30, 2007 4:06 PM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue DRC Members - Revised plans have been resubmitted for the above referenced project. This went to the June 7, 2007, DRC meeting. I have placed two copies of the revised proposal on the cabinets outside Conference Rm 216. If you would like to take one, that is okay. Let me know if all conditions have been or are not still met, or if there are conditions that should be included in the Development Order. Please review by 10:00 am on Friday, August 3, 2007. Wayne Wells, Wayne From: Keller, James Sent: Tuesday, July 31, 2007 12:54 PM To: Wells, Wayne Subject: FLS2007 -05023 Mr. Wells, Sir, I have changed one of the NOT met comments on this case as a field inspection this date has confirmed that:the second fire hydrant has been relocated to the new island. did not see this on the plan thus the comment. I still have a comment pertaining to the 80,000 Ibs weight on the pavers and a second call has been placed and message left with Ms. Margaret Roberts. I still have a "HOLD" on this. I will keep you up to date on this project. Thank you for your help in this matter. Respectfully, James Keller Fire Inspector II Division of Fire Prevention Services Clearwater Fire & Rescue 0 Wells, Wayne From: Keller, James Sent: Tuesday, July 31, 2007 10:49 AM To: Wells, Wayne Subject: RE: FLS2007- 05023, 400 Mandalay Avenue Mr. Wayne Wells, Sir, respectfully report the following concerning this FLS case. I have added a " HOLD " as of this date, 7/31/2007. Reason, they have not provided what weight limit the pavers will. with -stand and also a fire hydrant that is in the parking lot is NOT shown on the plan.( This is a second fire hydrant ) We have discussed these items in the past but have not heard an answer nor seen this on any plan. I have talked with a Ms. Margaret Roberts, on 7/23/2007 and have also had a site inspection / consultation on 7/26/2007 Thank you for your help in this matter. Respectfully, James Keller Fire Inspector II Division of Fire Prevention Services Clearwater Fire & Rescue - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, July 30, 2007 4:06 PM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue DRC Members - Revised plans have been resubmitted for the above referenced project. This went to the June 7, 2007, DRC meeting. I have placed two copies of the revised proposal on the cabinets outside Conference Rm 216. If you would like to take one, that is okay. Let me know if all conditions have been or are not still met, or if there are conditions that should be included in the Development Order. Please review by 10:00 am on Friday, August 3, 2007. Wayne • Wells, Wayne From: Reid, Debbie Sent: Tuesday, July 31, 2007 7:52 AM To: Wells, Wayne Subject: RE: FLS2007- 05023, 400 Mandalay Avenue Wayne, P&P, conditions met - no issues. Debbie O • - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, July 30, 2007 4:06 PM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue DRC Members - Revised plans have been resubmitted for the above referenced project. This went to the June 7, 2007, DRC meeting. I have placed two copies of the revised proposal on the cabinets outside Conference Rm 216. If you would like to take one, that is okay. Let me know if all conditions have been or are not still met, or if there are conditions that should be included in the Development Order. Please review by 10:00 am on Friday, August 3, 2007. Wayne 10 Wells, Wayne s From: Wells, Wayne Sent: Monday, July 30, 2007 4:06 PM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue DRC Members - Revised plans have been resubmitted for the above referenced project. This went to the June 7, 2007, DRC meeting. I have placed two copies of the revised proposal on the cabinets outside Conference Rm 216. If you would like to take one, that is okay. Let me know if all conditions have been or are not still met, or if there are conditions that should be included in the Development Order. Please review by 10:00 am on Friday, August 3, 2007. Wayne Wells, Wayne From: Vo, Phuong Sent: Tuesday, July 03, 2007 9:33 AM To: Wells, Wayne Cc:. Rice, Scott Subject: RE: 400 Mandalay Ave Wayne, Page 1 of 2 I talked to the architect, Mr. Nathan Pollard, yesterday about revised plan. I told him that I will approve this case for him to get D.O and he acknowledged to do the following that I asked at building permit application, and to address these conditions, he will hire an engineer to do the site work. The following shall be addressed prior to issuance of building permit: (Acknowledged by Nathan Pollard on 7/2/07 that he will have an engineer to design the site work, PTV) 1. Show the existing storm sewer system along with proposed baffle box on the grading plan. 2. Existing site has 2 retention ponds at northeast corner. Based on the site visit, the ponds are not in permitted conditions. Originally, the ponds were 2 feet deep. Please restore the ponds to their permitted conditions. 3. Proposed improvement has put 2 existing grate inlets, located to the west, in the proposed landscape area. It is a concern that the runoff from pavement through the proposed flumes will wash the mulch and debris of the landscape area into the grate inlets. Please show how this problem can be avoided. 4. Is the baffle box proposed to connect the 2 mentioned grate inlets? Please provide the type, size, and slope of pipes on grading plan. What does the arrow, pointed west from the baffle box, represent? Is it the outfall? Please show the discharge point for the baffle box and a maintenance schedule. 5. Provide a copy of the approved SWFWD permit or letter of exemption. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Please let me know if you have any question. Phuong - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, July 02, 2007 4:39 PM To: Vo, Phuong; Rice, Scott Subject: FW: 400 Mandalay Ave Scott & Phuong - Could you give me some feedback Tuesday regarding the attachment? The applicant is just pushing me to give them some input so they can revise the plans and resubmit because they have a self- imposed deadline. Thanks. Wayne - - - -- Original Message---- - From: Wells, Wayne 7/3/2007 "IF MW • Page 2 of 2 • Sent: Sunday, July 01, 2007 4:38 PM To: Vo, Phuong; Rice, Scott Subject: FW: 400 Mandalay Ave Phuong & Scott - Prior to sending in the official resubmittal, take a look at the attachment and tell me what you think of the revised plan. Thanks. Wayne - - - -- Original Message---- - From: Nathan Pollard [mailto:npollard @gonzalez- architects.com] Sent: Friday, June 29, 2007 5:18 PM To: Wells, Wayne Cc: Margaret Roberts; Monica D'Ambra Subject: 400 Mandalay Ave Mr. Wells, Attached is our revised site plan. As discussed with you earlier I have changed the south east corner's design to leave the existing. Your feed back is greatly appreciated. Nathan Pollard Gonzalez Architects 32 East Bay Street Savannah, Georgia 31401 phone: 912 - 201 -9888 fax: 912 - 201 -0240 7/3/2007 Page 1 of 2 Wells, Wayne From: Rice, Scott Sent: Tuesday, July 03, 2007 9:15 AM To: Wells, Wayne Subject: RE: 400 Mandalay Ave Phuong indicated she addressed this. Do you need anything else? D. Scott Rice, PE Assistant Engineering Director City of Clearwater . (727) 562 -4781 - - - -- Original Message---- - From: Wells, Wayne Sent: Monday, July 02, 2007 4:39 PM To: Vo, Phuong; Rice, Scott Subject: FW: 400 Mandalay Ave Scott & Phuong - Could you give me some feedback Tuesday regarding the attachment? The applicant is just pushing me to give them some input so they can revise the plans and resubmit because they have a self- imposed deadline. Thanks. Wayne - - - -- Original Message---- - From: Wells, Wayne Sent: Sunday, July 01, 2007 4:38 PM To: Vo, Phuong; Rice, Scott Subject: FW: 400 Mandalay Ave Phuong & Scott - Prior to sending in the official resubmittal, take a look at the attachment and tell me what you think of the revised plan. Thanks. Wayne - - - -- Original Message---- - From: Nathan Pollard [mailto:npollard @gonzalez- architects.com] Sent: Friday, June 29, 2007 5:18 PM To: Wells, Wayne Cc: Margaret Roberts; Monica D'Ambra Subject: 400 Mandalay Ave Mr. Wells, 7/3/2007 Page 2 of 2 Attached is our revised site plan. As discussed with you earlier I have changed the south east comer's design to leave the existing. Your feed back is greatly appreciated. Nathan Pollard Gonzalez Architects 32 East Bay Street Savannah, Georgia 31401 phone: 912 - 201 -9888 fax: 912 - 201 -0240 7/3/2007 Wells, Wayne From: Reid, Debbie Sent: Tuesday, June 19, 2007 9:44 AM To: Wells, Wayne Subject: RE: FLS2007- 05023, 400 Mandalay Avenue (Hilton) Wayne, as this project is just outside renovations, P&P has no issues with their project. We are done!! Thanks! Debbie O - - - -- Original Message---- - From: Wells, Wayne Sent: Tuesday, June 19, 2007 8:32 AM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue (Hilton) DRC members The above referenced application has been resubmitted after review by the DRC on June 7, 2007. Some of you have received a copy of the resubmitted application material. For those who did not receive a copy, if you need to see the resubmitted application material, come see me. The applicant has a short time frame. If possible, please review by noon on Friday, June 22, 2007. Please let me know if your comments have been satisfied and you are "DONE" or if there are still outstanding comments and you are still on "HOLD ". Thanks. Wayne 0 1- 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, June 19, 2007 8:32 AM To: Albee, Rick; Buysse, Beverly A.; Buzzell, William; Doherty, Steve; Dougall- Sides, Leslie; Everitt, Steven; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Morris, William D.; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Thompson, Neil; Watkins, Sherry Subject: FLS2007- 05023, 400 Mandalay Avenue (Hilton) DRC members - The above referenced application has been resubmitted after review by the DRC on June 7, 2007. Some of you have received a copy of the resubmitted application material. For those who did not receive a copy, if you need to see the resubmitted application material, come see me. The applicant has a short time frame. If possible, please review by noon on Friday, June 22, 2007. Please let me know if your comments have been satisfied and you are "DONE" or if there are still outstanding comments and you are still on "HOLD ". Thanks. Wayne 2.15 m Case Number: FLS2007 -050T3 -- 400 MANDALAY AVE P Owner(s): John S Taylor Iii • %I Ott C/O Clearwater- Surfside Tr Clearwater, F133767 PUM TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Applicant Bre /Clearwater Owner Llc 345 Park Ave #31 New York, Ny 10154 TELEPHONE: 239 - 734 -2713, FAX: No Fax, E -MAIL: mlroberts51674 @hotmail.com Representative: Margaret Roberts 713 Bruce Avenue Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: mlroberts51674 @hotmail.com Location: 10.03 acres located on the west side of Mandalay Avenue due north of the Clearwater Beach roundabout. Atlas Page: 267A Zoning District: T, Tourist Request: Flexible Standard approval to permit parking lot improvements on the south side of the existing Clearwater Beach Hilton Hotel, under the provisions of Section 2- 802.J. Proposed Use: Overnight accommodations Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 - 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamurphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Heather Shell Applicant: Margaret Roberts, Jose Gonzalez, Nathan Pollard. The DRC reviewed this application with the following comments: General Engineering: 1 _ No Issues General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: I . No construction shall occur seaward of the Coastal Construction Control Line without an approved permit from the Florida Department of Environmental Protection. Fire: 1 No Issues Harbor Master: 1 . No issues. Legal: 1 No issues. Land Resources: I , No Issues. Landscaping: Development Review Agenda - Thursday, June 7, 2007 - Page 45 1.Stormwater narrative stated that stormwater attenuation and water quality for the disturbed area was not required. However, this site is required to meet stormwater retrofit requirement. Please provide a complete stormwater report addressing this requirement. City of Clearwater stormwater regulations may be found at: http: / /www.myclearwater. com/gov/ depts /pwa /engin/EnviroStorm /stormwater /StomiDrainageDe signCriteria.asp. The following shall be addressed prior to issuance of building permit: 2. Provide a copy of the approved SWFWD permit or letter of exemption. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Development Review Agenda - Thursday, June 7, 2007 - Page 46 1 , Sheet LD -01 - 49are spec'ed at the west end of the circular drive, but only three are shown. Revise spec to 3 RE. 2. Sheet LD -01 - 3 BM are spec'ed on the north side of the Tiki bar - Pump house, yet there are 4 BM shown. Revise spec to 4 BM. 3 . Sheet LD -01 - Revise on the north side along Papaya Street the spelling for " Peitie" Pink Oleander to "Petite" Pink Oleander. 4. Sheet LD -01 - In the Plant Schedule: a. 15 SP Sable Palms are indicated to be planted, but I can only find the 12 along Papaya Street; b. I don't find the 5 STR on the plan; and c. I don't fmd the 35 AS on the plan. I do find 35 AE spec'ed on the northeast side of the circular drive. Revise appropriately. Revise /clarify. 5 . Sheet LD -01 - The interior landscape island north of the six north/south parking spaces along the south property line is being totally reconstructed, yet the landscape plan indicates "existing plantings ". Revise and plant to Code with two shade trees (or 4 accent trees or 6 palms) and shrubs. 6. Sheet LD -01 - To meet the Code requirements for interior landscape area within the parking lot, landscape islands must be planted with one shade tree for each 150 square feet of landscape area (or 2 accent trees or 3 clustered palms) and planted with shrubs. Islands south of the main drive do not meet this requirement. Revise. 7. Sheet LD -01 - Irrigation must meet the City Code per Section 3- 1203.C; adjust plans to show 100% coverage, rain sensor, automatic timer, etc. 8 . Sheet A0.01 indicates there to be no landscaping within five feet of the grease trap, yet the landscape plan LD -01 is inconsistent with this note. Revise to provide access to grease trap to clean out. 9. Sheet A0.01 indicates a new trough gutter by the Tiki bar - Pump house to allow stormwater to get to the storm inlet to now be within the landscape area on the west side of the parking lot and at the west end of the circular drive, yet landscaping is inconsistent on Sheet LD -01 for these new trough gutters. Revise. 10. Landscape Plan Sheet LD -0 1 does not show the sight triangles accurately (20' x 20'). Revise the plan to properly show these triangles at the driveway. Landscaping within these visibility triangles must have clear visibility between 30- inches and eight feet. Revise plantings within these visibility triangles. 11 : Sheet LD -01 - Improve with shrubs and trees the landscape area fronting Papaya Strteet west of the driveway. 12. Sheet LIM 1 - Improve the landscape islands in the northern parking lot with additional trees so that there is no less than four palms per island and fill with shrubs also. 13 . Sheet A0.01 - Site Construction Note #8 conflicts with that indicated on Sheet LD -01 regarding depth of mulch. Revise note. 14. Sheet A0.01 - Landscape Narrative and Site Construction Notes #8 and 9 are more appropriate on Sheet SL -01. Relocate Narrative and Notes #8 and 9 to Sheet LD -0 1. Parks and Recreation: 1 . No issues - exterior renovations (new paved entry, resurfacing pool deck). Stormwater: 1 . The following shall be addressed prior to Development Order (D.O.) 1.Stormwater narrative stated that stormwater attenuation and water quality for the disturbed area was not required. However, this site is required to meet stormwater retrofit requirement. Please provide a complete stormwater report addressing this requirement. City of Clearwater stormwater regulations may be found at: http: / /www.myclearwater. com/gov/ depts /pwa /engin/EnviroStorm /stormwater /StomiDrainageDe signCriteria.asp. The following shall be addressed prior to issuance of building permit: 2. Provide a copy of the approved SWFWD permit or letter of exemption. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Development Review Agenda - Thursday, June 7, 2007 - Page 46 Solid Waste: 1 No issues. Traffic Engineering: 1 , 1. Add a note on the site plan: All striping for regular parking spaces shall be in 4" wide white paint or thermo plastic. 2. Add stop signs and stop bar per current M.U.T.C.D. standards. 3. Covered entry shall meet ADA vertical height clearance standards of 114 inches. 4. Convert angled parking spaces to be 90 degree parking spaces. 5. For Sheet A3.01 - Revise Detail 6 to indicate the parking space at 19 feet in length, consistent with that indicated on Sheet AO.01. 6. Sheets AO.O1, LD -01, LD -02 and DO. 01 depict a 90- degree parking space on the southeast side of a circular drop -off area. This parking space does not have 24 -foot aisle width required per Community Development Code Sec.3- 1402(A). Revise plan accordingly. All of the above to be addressed prior to a D.O.. Planning: 1 . Depict by shading or crosshatching all required parking lot interior landscaped areas; 2. Show the location of all outdoor lighting fixtures. Plans and written material indicate that existing light poles will be relocated as necessary. Need to show on Sheets AO.01 and LD -01 to see relationship to proposed landscaping. 3. Provide a SITE DATA TABLE for existing, required, and proposed development, in written/tabular form (see Page 4 of the application for required information). 4. Provide color samples /swatches of proposed exterior colors of the building (one set)., 5 . Show the location of the existing freestanding sign on the site and landscape plans. 6. Revise the "Parcel Size (acres)" and "Parcel Size (square feet)" on Page 1 of the application to "10.03 acres" and "436,928 square feet ". 7. Darken the north arrow on Sheets DO.01, STO.01, AO.01 and AO.02. 8 . Provide on Sheet ALOO a north arrow and a bar scale. 9. Indicate on Sheets LD -01 and LD -02 the Coastal Construction Control Line. 10. Sheets LD -01, LD -02 and AO.01 - Wheel stops are NOT required when parking spaces abut each other (front to front), only when they abut landscape area. May remove all such wheel stops where parking spaces abut each other. 11 . Sheet AO.01 - A new fence is indicated around the pool area. What type and height of fence is proposed? 12 . Existing grease trap is located within an asphalt area but will be within a landscape area when completed. How will anyone access the grease trap to clean out? 13 . Sheet AO.01 - Flagpoles (relocated) must meet required front setback of 15 feet. 14. Sheet ALOO indicates a new beam and new columns at the top of the page. What are these for? 15 . Sheet A2.02 - Revise top elevation from "South" to "West" Elevation. 16. Survey legal description indicates four parcels (A - D). Need to record a Unity of Title document prior to the issuance of any permits (see Planning for form). 17 . In the north parking lot, why is there the equivalent of six parking spaces striped out in yellow so as to prevent parking? Other: No Comments Notes: Application is sufficient. Submit four copies of plans revised in response to comments to Planning for DRC member review prior to issuance of the Development Order. Development Review Agenda - Thursday, June 7, 2007 - Page 47 m 2.15 Case Number: FLS2007- 05023 -- 400 MANDALAY AVE . P Owner(s): John S Taylor Iii C/O Clearwater - Surfside Tr Clearwater, F133767 Pat TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Applicant Bre /Clearwater Owner Llc Gwtowk 345 Park Ave #31 New York, Ny 10154 TELEPHONE: 239- 734 -2713, FAX: No Fax, E -MAIL: mlroberts51674 @hotmail.com Representative: Margaret Roberts 713 Bruce Avenue Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: mlroberts51674 @hotmail.com Location: 10.03 acres located on the west side of Mandalay Avenue due north of the Clearwater Beach roundabout. Atlas Page: 267A Zoning District: T, Tourist Request: Flexible Standard approval to permit parking lot improvements on the south side of the existing Clearwater Beach Hilton Hotel, under the provisions of Section 2- 802.J. Proposed Use: Overnight accommodations Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443 -2168, FAX: No Fax, E -MAIL: papamuiphy @aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Steve Doherty, Scott Rice, Rick Albee, Lenny Richert Applicant: Margaret Roberts, Jose Gonzalez The DRC reviewed this application with the following comments: General Engineering: 1 _ No Issues General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: I , No construction shall occur seaward of the Coastal Construction Control Line without an approved permit from the Florida Department of Environmental Protection. Fire: No Issues Harbor Master: 1 . No issues. Legal: 1 . No issues. Land Resources: I . Apply for tree removal permit 2. Apply for clearing and grubbing permit. Landscaping: Development Review Agenda - Thursday, June 7, 2007 - Page 42 1.Stormwater narrative stated that stormwater attenuation and water quality for the disturbed area was not required. However, this site is required to meet stormwater retrofit requirement. Please provide a complete stormwater report addressing this requirement. City of Clearwater stormwater regulations may be found at: http: / /www.myclearwater. com/gov /depts /pwa/engin/Enviro Storm /stormwater /StonnDrainageDe signCriteria.asp. The following shall be addressed prior to issuance of building permit: 2. Provide a copy of the approved SWFWD permit or letter of exemption. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Development Review Agenda - Thursday, June 7, 2007 - Page 43 Pare I . Sheet LD -01 - 4 spec'ed at the west end of the circular drive,Tut only three are shown. Revise spec to 3 RE. 2. Sheet LD -01 - 3 BM are spec'ed on the north side of the Tiki bar - Pump house, yet there are 4 BM shown. Revise spec to 4 BM. 3 . Sheet LD -01 - Revise on the north side along Papaya Street the spelling for " Peitie" Pink Oleander to "Petite" Pink Oleander. 4. Sheet LD -0 1 - In the Plant Schedule: a. 15 SP Sable Palms are indicated to be planted, but I can only find the 12 along Papaya Street; b. I don't find the 5 STR on the plan; and c. I don't find the 35 AS on the plan. I do find 35 AE spec'ed on the northeast side of the circular drive. Revise appropriately. Revise /clarify. 5 . Sheet LD -01 - The interior landscape island north of the six north/south parking spaces along the south property line is being totally reconstructed, yet the landscape plan indicates "existing plantings ". Revise and plant to Code with two shade trees (or 4 accent trees or 6 palms) and shrubs. 6. Sheet LD -0 1 - To meet the Code requirements for interior landscape area within the parking lot, landscape islands must be planted with one shade tree for each 150 square feet of landscape area (or 2 accent trees or 3 clustered palms) and planted with shrubs. Islands south of the main drive do not meet this requirement. Revise. 7. Sheet LD -01 - Irrigation must meet the City Code per Section 3- 1203.C; adjust plans to show 100% coverage, rain sensor, automatic timer, etc. 8. Sheet A0.01 indicates there to be no landscaping within five feet of the grease trap, yet the landscape plan LD -01 is inconsistent with this note. Revise to provide access to grease trap to clean out. 9. Sheet A0.01 indicates a new trough gutter by the Tiki bar - Pump house to allow stormwater to get to the storm inlet to now be within the landscape area on the west side of the parking lot and at the west end of the circular drive, yet landscaping is inconsistent on Sheet LD -01 for these new trough gutters. Revise. 10. Landscape Plan Sheet LD -01 does not show the sight triangles accurately (20'x 20'). Revise the plan to properly show these triangles at the driveway. Landscaping within these visibility triangles must have clear visibility between 30- inches and eight feet. Revise plantings within these visibility triangles. 11 . Sheet LD -01 - Improve with shrubs and trees the landscape area fronting Papaya Strteet west of the driveway. 12. Sheet LD -01 - Improve the landscape islands in the northern parking lot with additional trees so that there is no less than four palms per island and fill with shrubs also. 13 . Sheet A0.01 - Site Construction Note #8 conflicts with that indicated on Sheet LD -0 1 regarding depth of mulch. Revise note. 14. Sheet A0.01 - Landscape Narrative and Site Construction Notes #8 and 9 are more appropriate on Sheet SL -01. Relocate Narrative and Notes #8 and 9 to Sheet LD -0 1. Parks and Recreation: 1 . No issues - exterior renovations (new paved entry, resurfacing pool deck). Stormwater: 1 . The following shall be addressed prior to Development Order (D.O.) 1.Stormwater narrative stated that stormwater attenuation and water quality for the disturbed area was not required. However, this site is required to meet stormwater retrofit requirement. Please provide a complete stormwater report addressing this requirement. City of Clearwater stormwater regulations may be found at: http: / /www.myclearwater. com/gov /depts /pwa/engin/Enviro Storm /stormwater /StonnDrainageDe signCriteria.asp. The following shall be addressed prior to issuance of building permit: 2. Provide a copy of the approved SWFWD permit or letter of exemption. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Development Review Agenda - Thursday, June 7, 2007 - Page 43 Solid Waste: No issues. • Traffic Engineering: 1 , 1. Add a note on the site plan: All striping for regular parking spaces shall be in 4" wide white paint or thermo plastic. 2. Add stop signs and stop bar per current M.U.T.C.D. standards. 3. Covered entry shall meet ADA vertical height clearance standards of 114 inches. 4. Convert angled parking spaces to be 90 degree parking spaces. 5. For Sheet A3.01 - Revise Detail 6 to indicate the parking space at 19 feet in length, consistent with that indicated on Sheet A0.01. 6. Sheets A0.01, LD -01, LD -02 and D0.01 depict a 90- degree parking space on the southeast side of a circular drop -off area. This parking space does not have 24 -foot aisle width required per Community Development Code Sec.3- 1402(A). Revise plan accordingly. All of the above to be addressed prior to a D.O.. Planning: 1 . Depict by shading or crosshatching all required parking lot interior landscaped areas; 2. Show the location of all outdoor lighting fixtures. Plans and written material indicate that existing light poles will be relocated as necessary. Need to show on Sheets A0.01 and LD -01 to see relationship to proposed landscaping. 3 . Provide a SITE DATA TABLE for existing, required, and proposed development, in written/tabular form (see Page 4 of the application for required information). 4. Provide color samples /swatches of proposed exterior colors of the building (one set). 5 . Show the location of the existing freestanding sign on the site and landscape plans. 6. Revise the "Parcel Size (acres)" and "Parcel Size (square feet)" on Page 1 of the application to "10.03 acres" and "436,928 square feet ". 7. Darken the north arrow on Sheets D0.01, ST0.01, A0.01 and A0.02. 8 . Provide on Sheet A1.00 a north arrow and a bar scale. 9. Indicate on Sheets LD -01 and LD -02 the Coastal Construction Control Line. 10. Sheets LD -01, LD -02 and A0.01 - Wheel stops are NOT required when parking spaces abut each other (front to front), only when they abut landscape area. May remove all such wheel stops where parking spaces abut each other. 11 . Sheet A0.01 - A new fence is indicated around the pool area. What type and height of fence is proposed? 12. Existing grease trap is located within an asphalt area but will be within a landscape area when completed. How will anyone access the grease trap to clean out? 13 . Sheet A0.01 - Flagpoles (relocated) must meet required front setback of 15 feet. 14. Sheet A1.00 indicates a new beam and new columns at the top of the page. What are these for? 15. Sheet A2.02 - Revise top elevation from "South" to "West" Elevation. 16. Survey legal description indicates four parcels (A - D). Need to record a Unity of Title document prior to the issuance of any permits (see Planning for form). 17. In the north parking lot, why is there the equivalent of six parking spaces striped out in yellow so as to prevent parking? Other: No Comments Notes: Application is sufficient. Submit four copies of plans revised in response to comments to Planning for DRC member review prior to issuance of the Development Order. Development Review Agenda - Thursday, June 7, 2007 - Page 44 • Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, May 24, 2007 6:33 PM To: 'Mike Ward' Subject: RE: Notice on 400 Mandalay Ave (FLS2007- 05023) Mike - This is a staff level decision application (Flexible Standard Development). They are proposing to reconfigure their southern parking lot by removing their existing drop -off canopy, constructing a new drop -off canopy, remodeling their lobby area, improving the vehicular circulation, increasing the number of parking spaces by one space, putting in some pavers in lieu of asphalt and putting in more landscaping. The southern parking lot driveway will remain in the same location. Additionally, they are going to repaint the building with shades of white and off - white. The only change you would see from the Mandalay Beach Club would be additional landscaping along Papaya Street (roadway between your condo and the Hilton). Should you have additional questions, feel free to contact me by email or phone (727- 562 - 4504). Wayne - - - -- Original Message---- - From: Mike Ward [mailto:mward @tampabay.rr.com] Sent: Wednesday, May 23, 2007 11:29 PM To: Wells, Wayne Subject: Notice on 400 Mandalay Ave (FLS2007- 05023) Wayne, I received this notice in the mail. Exactly what is proposed on the south side of the Hilton? Is the detail available on-line ... if not it certainly should be. I have a condo at Mandalay Beach Club and want to make sure we're not impacted. Regards, Mike Ward 5/24/2007 D ision of Corporations 0 Foreign Limited Liability BRE /CLEARWATER OWNER L.L.C. PRINCIPAL ADDRESS C/O BLACKSTONE REAL ESTATE ACQUISITIONS V 345 PARK AVE., 31 ST FLOOR NEW YORK NY 10154 Changed 03/02/2006 MAILING ADDRESS C/O BLACKSTONE REAL ESTATE ACQUISITIONS V 345 PARK AVE., 31 ST FLOOR NEW YORK NY 10154 Changed 03/02/2006 Document Number M04000005557 State DE Last Event LC NAME CHANGE Total Contribution 0.00 FEI Number N /AE Status ACTIVE Event Date Filed 03/02/2006 Registered Agent Name & Address NRAI SERVICES, INC. 2731 EXECUTIVE PARK DRIVE, SUITE 4 WESTON FL 33331 Name Changed: 06/21/2006 Address Changed: 06/21/2006 M .r /M .r 1 T • 1 Date Filed 12/17/2004 Effective Date NONE Event Effective Date NONE lvianagerilvlemner Detail Name & Address Title Page 1 of 2 http: / /www.sunbiz.org /scripts /cordet.exe ?a 1= DETFIL &nl = MO4000005 557 &n2= NAMFW... 5/9/2007 ` vision of Corporations 0 0 Page 2 of 2 BRE/FLORIDA PORTFOLIO L.L.C. 345 PARK AVE., 31 ST FLOOR MGRM NEW YORK NY 10154 Annual Reports View Events View Name History Document Images Listed below are the images available for this filing. THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /www. sunbiz.org /scripts /cordet. exe ?a 1= DETFIL &n 1= MO4000005 5 57 &n2= NAMFW... 5/9/2007 Report Year Filed Date 2005 06/16/2005 2006 02/08/2006 View Events View Name History Document Images Listed below are the images available for this filing. THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /www. sunbiz.org /scripts /cordet. exe ?a 1= DETFIL &n 1= MO4000005 5 57 &n2= NAMFW... 5/9/2007 CITY OF CLEARWATER *`! PLANNING AND DEVELOPMENT SERVICES w MUNICIPAL SERVICES BUILDING E4' 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562 -4567 FAX (727) 562 -4576 CASE SUMMARY OCL9317451 400 MANDALAY AVE HILTON CLEARWATER BEACH RESORT Bus phone: 461 -3222 PEOPLE Role: Business Owner Business Owner FEES ADMINISTRATIVE FEE BUSINESS TAX - RENEWAL LICENSE FEE - RENEWAL TRANSFER FEE Total HILTON CLEARWATER BEACH RESORT SURFSIDE CLEARWATER BEACH HOTE ATTN: TOM LEWIS 400 MANDALAY AVE CLEARWATER, FL 33767 -2011 BRE /CLEARWATER OWNER LLC 595 FEDERAL HWY STE 600 BOCA RATON, FL 33432 Assessed Amount Amount Paid $63.50 $63.50 $951.10 $951.10 $8,891.45 $8,891.45 $21.05 $21.05 $9,927.10 $9,927.10 OCCUPATIONAL LICENSE Category Quantity 049000 EQUIPMENT RENTAL, SMALL TOOL 0 091060 RENTAL: HOTEL, MOTEL 423 110020 VENDING MACHINES: OPERATOR 12 ACTIVITIES Issue License - RENEWAL FY 98:29 license Issue License - RENEWAL Additional Requirements Needed see hold file Issue License - RENEWAL Date 1 Date 2 Date 3 9/19/1998 8/22/2000 1/29/2000 2/4/2000 PHONE: (727) 461 -3222 FAX: No Fax PHONE: No Phone FAX: No Fax Balance Due $0.00 $0.00 $0.00 $0.00 $0.00 # Employees 0 0 0 Done Disp By DONE DAH DONE BLS DONE WBS DONE WBS r: \Forms \I nfoSummary.rpt 06M A51 400 MANDALAY AVE • Issue License 9/26/1997 DONE MBW Issue License - RENEWAL 8/28/2001 DONE Kathleen Bedini 01/02 Renewal Notice 7/25/1997 7/97 BATCH Renewal Notice 7/28/1998 7/98 BATCH Renewal Notice 7/21/1999 7/99 BATCH Delinquent Renewal Notice 1/5/2000 8/22/2000 DONE BLS 01 /00 -DLQ Renewal Notice 7/18/2000 7/00 BATCH Renewal Notice 7/25/2001 7/01 BATCH Renewal Notice 7/27/2002 FY 02/03 BATCH Issue License - RENEWAL 8/27/2002 2002 -2003 Renewal Notice 7/11/2003 03/04 Issue License - RENEWAL 8/11/2003 DONE 2003 -2004 Issue License - RENEWAL 9/19/2003 DONE SLW 03 -04 Issue License - RENEWAL 9/19/2003 DONE SLW 03 -04 Renewal Notice 7/26/2004 04/05 Second Renewal Notice 10/11/2004 04/05 Issue License - RENEWAL 10/25/2004 DONE 2004 -2005 Renewal Notice 7/22/2005 FY2005 -2006 Issue License - RENEWAL 9/16/2005 DONE 2005 -2006 Renewal Notice 7/21/2006 2006-2007 New Owners 9/28/2006 DONE JAC BRE /CLEARWATER OWNER LLC 595 FEDERAL HWY STE 600 BOCA RATON, FL 33432 State License Verified 9/28/2006 DONE JAC ISSUE - Business Tax Renewal 9/28/2006 DONE R_D 06 -07 r: \Forms \InfoSummary.rpt tPinellas County Property APP Information: 08 29 15 00000 230 011 Page 2 of 6 08 / 20 / 15 / 00000 / 230 / 0100 09- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 12:53:13 Ownership Information Non - Residential Property Address, Use, and Sales TAYLOR, JOHN S III OBK: 08903 OPG: 1381 C/O CLEARWATER - SURFSIDE TR 400 MANDALAY AUE CLEARWATER FL 33767 -2011 EVAC: A EUAC Comparable sales value as Prop Addr: 400 MANDALAY AUE of Jan 1, 2006, based on Census Tract: 260.02 sales from 2004 - 2005: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 2 /1,995 8,90311,381 1,000 (U) I 0000: Book Pgs - 0 /1,975 4,3431 495 1,130,000 (Q) I 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 2006 Value EXEMPTIONS Just /Market: 34,000,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 34,000,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 34,000,000 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Gulf Of Mexico Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 739,976.00 1) 690 x 345 125.00 238, 050. 0 S Special Tax .00 2) 0 x 0 45, 000.00 4.20 A 3) 0 x 0 .00 .00 Without the Save - Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be : 5) 0 x 0 .00 .00 739, 976.00 6) 0 x 0 .00 .00 Without any exemptions, 2006 taxes will be 739, 976.00 Short Legal PT OF N 725 FT OF S 1575 FT OF N 1/2 OF SEC 8 DESC Description AS BEG AT INTER OF W R/W MANDALAY RD & N R/W Building Information http:H 136 .174.187.131htbin /cgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 5/9/2007 e Pinellas County Property App *r Information: 08 29 15 00000 230 019,Q Page 3 of 6 Property and Land Use Code descriptions • Building 1 • Building.2 Building #1 03 1 2 1 15 / 00000 / 230 / 0100 :01 09- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 12:53:12 Commercial Card 01 of 2 Improvement Type: Motel /Hotel > 3 St Property Address: 400 MAHDALAY AUE Prop Use: 312 Land Use: 39 Structural E1E3mE3 n-ts Foundation Special Footing Floor System Structural Slab Exterior gall Conc Block /Stucco Height Factor 0 Party Wall Hone Structural Frame Fire Proof St Steel Roof Frame Prestress Concrete Roof Cover Built Up /Composition Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 428 Heating & Air Heating &Cooling Pckg Fixtures 1,30 Bath Tile Floor + Half Wall Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1.00 Year Built 11981 Effective Age 15 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Arcas Commcrcial E�ctra Fcatures Description Factor Area Units Description Factor Area 1) Base Area 1.00 262,197 7) .00 0 2) Open Porch .30 68,725 8) .00 0 3) 70,000 .00 0 9) .00 0 4) 661,840 .00 0 10) .00 0 5) 1 .00 0 11) .00 0 6) 12.00 .00 0 12) .00 0 Commcrcial E�ctra Fcatures Building #2 http:H 136 .174.187.131htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 5/9/2007 Description Dimensions Price Units Value RCD Year 1) ELEU PASS 9 STOP 30,000.00 6 180,000 1001800 11981 2) ASPHALT 40000SF 1.75 40,000 70,000 70,000 1,981 3) FIRESPRIHK 330922 2.00 330,922 661,840 476,530 1,981 4) POOL 75,000.00 1 75,000 42,000 1,981 5) PATIO /DECK 1000 12.00 1,000 121000 6,720 1,981 6) ELEU STOP 9 STOP 3,500.00 54 189,000 105,840 1,981 TOTAL RECORD VALUE: 801,890 Building #2 http:H 136 .174.187.131htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 5/9/2007 Pinellas County Property App 6r Information: 08 29 15 00000 230 O6 Page 4 of 6 08 / 29 / 15 / 00040 / 230 / 0100 :02 09- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 12:53:12 Commercial Card 02 of 2 Improvement Type: Rest/Lounge/Drive-in Property Address: 0 Prop Use: 312 Land Use: 39 Structural Elcmcnts Foundation Special Footing Floor System Structural Slab Exterior Wall Siding Above Average Height Factor 0 Party Wall None Structural Frame None Roof Frame Irregular Roof Cover Custom Cabinet & Mill Average Floor Finish Concrete Finish Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 5 Bath Tile Floor Only Area Electric Average Description Factor Shape Factor Square 1) Quality Average 1.00 Year Built 1,997 Effective Age 10 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub AriB 2as Commcrci.-xl Extra F(-_aturE3s Description Factor Area Units Description Factor Area 1) Base Area 1.00 432 7) .00 0 2) Utility .55 160 8) .00 0 3) Open Porch .30 468 9) . 00 0 4) Utility .40 240 10) .00 0 5) 0 .00 0 11) .00 0 6) .00 .00 0 12) .00 0 Commcrci.-xl Extra F(-_aturE3s Map With Property Address (non- vacant) 1:0UZ11L'Or1 http:H 136 .174.187.131htbinlcgi- ser3 ?o =1 &a =1 &b =1 &c =l &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 5/9/2007 Description Dimensions Price Units Value RCD Year 1) PATIO /DECK 1000SF 12.00 1,000 12,000 8,880 1,997 2) SPA /JAC /HT EXCEPT 17,500.00 1 17,500 121950 1,997 3) POOL 36X36 75,000. 00 1 75, 000 55,500 lo 997 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 77,330 Map With Property Address (non- vacant) 1:0UZ11L'Or1 http:H 136 .174.187.131htbinlcgi- ser3 ?o =1 &a =1 &b =1 &c =l &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 5/9/2007 Pinellas County Property App 6r Information: 08 29 15 00000 230 01 1 9 r � 1 � t f t f r r r r r d� v ..,-O3 6 6 A c (cC Add MANC LAY A t.0 f qcr D z Page 5 of 6 VMIA1.1,44D-AL �." AVE MANE A jAINI L�E / AVE los IOALAY kVE 7 LAY NDALAY �IIN S ,AVE 11"AL A Y 1/8 Mile Aerial Photograph (2002) http: // 136 .174.187.131htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 5/9/2007 0 Pinellas County Property App Information: 08 29 15 00000 230 06 Page 6 of 6 Pinellas County Property Appraiser Parcel Information Back to Search Page An explanation of this screen http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p= 08 +... 5/9/2007 CITY OF CLEARWATER PLANMG DEPAiriMNf -•.,9TEP� ° Posr OmcE Box 4748 CLEARWATER, FLORIDA 33758-4748 RECEIVED JUL 10 79i'll € 0YOFaC EAPV kQP AUGUSTINE, RICHARD J s 10 pAPAYA ST #506 CLEARWATER FL 33767 — 2040 .0 _ I- AME, aovms % 02 1M $ 00.334 tuw - f 0004229492 MAY22 2007 as MAILED FROM ZIPCODE 33602 NIXIE 337 DE 1 OO 07/07/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BCe 3375£3474 048 X0901- pO637 -23 -00 .�A °`ate CITY OF CLEARWATER Q; PLANNING DEPARTMENT •'�TERE;A, POST ONCE Box 4748 CLEARWATER, FLORIDA 33758-4748 d4l � WIF KNOWLTON, JOHN P THE KNOWLTON, CATHIE L THE W180 N8217 DESTINY DR MENOMONEE FALLS WI 53051 - 3503 �U 7 tea. PITNEY BOWES v*� 02 1M °V 00.33 _5 0004229492 MAY22 2007 9L LL • MAILED FROM ZIPCODE 33602 RECEIVED JUN o 5 2007 P1ANf NG PEPA CITYOFCLE MAX0 UTr 'd: CITY OF CLEARWATER Q PLANNING D EPARTMENT '=•.',�TEFt;'�° POST OFFICE Box 4748 CLEARWATER, FLORIDA 337584748 G i. _ TATS LJ a4AB� .7 a F '. BOULTON, CARLOS A BOULTON, ANN -MARIE 211 WOODLAKE WYNDE OLDSMAR FL 34677 - 2174 PITNEY BOVWS 02 1M $ 00,334 0004229492 MAY22 2007 MAILED 'FROM ZIPCODE 33602 RECENED JUN o It 2001 PLANM NG DF.PARpAENr CITY OFCLFARWATER FWD l ttllti�l�tdtr• ilt��i. r' 1rr�ttlrritirf�t .rt��1t'�t�ltri� n i37ritil : CITY OF CLEARWATER ' ►`.` .m :�: Q PLgiMG DErA WNW Posr OmcE Box 4748 CLEARWATER, FLORIDA 337584748 RECEIVED MAY. 3 0 2007 PLANNING DEPARTMENT CITY OF CLEARWATER AX , JONATHAN P THE EL, CORALS THE 11 SAN MARCO ST APT 903 CLEARWATER FL 33767 - 2062 � 44.1 °. 76 99' 337SOCc147+48 I PIN N W 1i % �® 0V 4 �� II 02 1M 00.33 u9im co 0004229492 MAY22 2007 n.E MAID FROM ZIPCODE 33602 N CXi1r as7 'DO '1 . ...00I -asy21-11E31,01' RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 33758474848 '0901- OC�613- 23 -OC7 CITY. OF CLEARWATER PLANNING DEPARTMENT „g7EFl; POST OMCE Box 4748 CLEARWATER, FLORIDA 33758-4748 RECEIVE® MAY 3 o 2007 _ ... PlANNNG.DEPARTMENT . Cjjy OF CLEARWATER 0 � ®4#1NEY BOYVES Ov a $ 0a -334 ,yam 02 7M == 0004229492 MAY22 2007 �u MAILED FROM ZIPCODE 33602 MILLINGTON ARLES J MILT DWITOR, JULIA B I I SAN MARCO ST # 1006 CLEARWATER FL 33761 "A) - z i�iiXYE' i BC . �. C5t3 OSI?20Y 07 ...._.... RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD _ BC: 33750474048 X0901- 0051 0 -23 -00 3375804748 1,�I1„�ii�S, , l�l�I�l��l��l��11���1 ,l��li��l, ►i>>ll��i�l�i��! CITY OF CLEARWATER :Q PLANNING DEPARTMENT TERE;A° Posy OF@YcE Box 4748 CLEARWATER, FLORIDA 33758 -4748 opo IWO 1�® o PIMEV VAYWES o wa.334 H 02 1M � jW 00 04229492 MAY 22 2007 ff n u MAILED FROM ZdPCODE 33602 PIMENIDIS, JOHN H PIMENIDIS, CHRISTINA 1651 SAND KEY ESTATES CT # 11 CLEARWATER-FL 33767 - 2933 337.8 @4748 NIXIE 337 DE 1 00 05/26/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SC: 33758474848 *0901- 08591 -23 -04 CITY OF CLEARWATER PLANIVI<VG DEPriRt Am Wt.f.F ' POST OFFICE Box 4748 CLEARWATER, FLORIDA 33758-4748 C�6GOdT MAY 29 2007 PK &JKINC 5020 CENT13� ST PETE BL rtL.vt -MENT SERVICES DEPT CITY OF CU.:ARWATER 3375804748 pN.1. Nv, F _ ® VITNGV EOWE.S 02 1M $100-33 4 0004229492 MAY22 2007 MAILED FROM ZIPCODE 33502 AVE G FL 33707 - 1942 NIXIE 337 DE 1 00 OS/26/07 RETURN TO SENDER VACANT UNAGL'E TO :FORWARD 9C: 33750474640 *0901- 00503 -23 -00 CITY OF CLEARWATER PLANNING DEPARTMENP[' •.,9TEFE;, POST ONCE Box 4748 CLEARWATER, FLORIDA 33758-4748 GRUBER, CRAIG M 10 PAPAYA ST APT 502 CLEARWATER FL 33767 - 2040 I 'O10 � N Coqu Ol.- a ILL. d o �"�►/ D piNLY 80YVE5 02 1M $00-33 4 0004229492 MAY22 2007 MAILED FROM ZIPCODE 33602 NZxI>= 337 DE 1 00 O"S125/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SC: 30750474049 x'0901- 00625 -23 -00 &. CITY OF CLEARWATER sgL2 a-.. W lq-9! PLANNING DEMMMENT dsfl o PosT OFFIcE Box 4748 CLEARWATER, FLORIDA 33758-4748 MAY 2 9 2007 DEVELOPMENT SERVICES DEPT CITY OF CLEARWATER gas" d 00 nn� POTTER, PASCHOALENA 463 EAST SHORE DR CLEARWATER FL 33767 - 2033 C:i i E.35 S�C47 8 7 ® PlMWV Bovves 02 ,M $00-33 4 0004229492 MAY 22 2007 MAILED FROM ZIPCODE 33602 NIXIE 337 DA 1 00 05/2S/07 RE'T'URN TO SENDER NOT DELSVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 33758474548 x'0901- 00575 -23 -00 ,v`,',.,.'•"4r CITY OF CLEARWATER Q PLANNING DEPARTMENT EaFs PosT.OmcE Box 4748 CLEARWATER, FLORIDA 337'558 -4748 40 MAY 19 1007 D CITY OF DEPT FISHER, PAMELA FISHER, NELSON J 817 BUNKERVIEW DR APOLLO BEACH FL 33572 - 2812 itf1111.1111 it l 11111 11111111.11i� fill 1111f I al 1141111 ai It 111111 bogs � `Kr3 MVIE LE 7O 4$ i /" . a i�0.334 MAY22 Luo 000 229492 2007 LL MAILED FROM ZIPCODE 33602 FISHER, PAMELA FISHER, NELSON J 817 BUNKERVIEW DR APOLLO BEACH FL 33572 - 2812 itf1111.1111 it l 11111 11111111.11i� fill 1111f I al 1141111 ai It 111111 I i Nx'xlm 337• DE 1 00 05/25/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 33759474949 *0901- 00601 -23 -00 { 11 CITY OF CLEARWATER PLANNING DEPARTMENT 0 u� y� _ f TERE,, POST OMCE BOX 4748 iF j / ®wTNEY Bowes CLEARWATER FLORIDA 3 3 7 58 -4748 . OV. 4� $ '00.33 lurn sm 000 229492 MAY 22 2007 aLL mA1LEDFROMZ(PCODE 33602 ALIDINA, ARIF A ' ALIDINA, NOORA I I SAN MARCO ST # 807 CLEARWATER FL 33767 - 2062 I i Nx'xlm 337• DE 1 00 05/25/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 33759474949 *0901- 00601 -23 -00 { 11 =a>k; CITY OF CLEARWATER PLANNING DERUM ENT Q; Posr OMCE Box 4748 CLEARWATER, FLORIDA 337558 -4748 RTNEY SOVYES cn'F- •s 02 1M $ 00.334 luo 0004229492 IMAY22 2007 n,u MAILED FROM ZiPCflDE 33602 STENBERG, ANDREW 10 PAPAYA ST # 301 CLEARWATER FL 33767 - 2040 NZSCiETT 337 DE 1 00 05125/O7 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD fZAK BC: 23759474948 *0901— OOS13 -23 -00 111111111111111111111111111111111111111 J I11111111111111111111 tea=: CITY OF CLEARWATER c. PLOMG DEPARTMENT Q• `..,9TER��', Post OFF9CE Box 4748 CLEARWATER, FLORIDA 33758 -4/48 PARADES, ANTONIO M 10 PAPAYA ST # 903 CLEARWATER FL 33767 - 2055 sis PIN, 10 d o� 02 aM $ 00.334 I uyi'W - Lit 0004229492 MAY 22 2007 ILILL MAILED FROM ZIPOODE 33602 NIXIE 337 DE 1 00 0.5125107 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 337SO474849 *0901- 00632 -23 -00 0 CITY OF CLEARWATER tee PLANNING DEPARTMENT POST OMCE Box 4748 CLEARWATER, FLORIDA 33758 --4748 AGAMI, DAVID ROMANO, IVETTE NANCY 11 SAN MARCO # 1502 CLEARWATER FL 33767 - 2075 r i�II'. E.9PT18 NIXIE 337 DE i 00 0.5125107 RETURN TO SENDER NOT DELIVERA ®LE AS ADDRESSED UNABLE TO FORWARD SC: 33758474848 *0901- 00630 -23 -00 IIIIl IIIIII!„ IIIIII III IIIIIIIIII II IIII IIIIIII IIII III III 111111 0100Q%, I y ,,,,... Z t N� PITNEY BOWES 02 ,M $ 00.334 udco - 0004229492 MAY22 2007 MAILED FROM ZIPCODE 33602 AGAMI, DAVID ROMANO, IVETTE NANCY 11 SAN MARCO # 1502 CLEARWATER FL 33767 - 2075 r i�II'. E.9PT18 NIXIE 337 DE i 00 0.5125107 RETURN TO SENDER NOT DELIVERA ®LE AS ADDRESSED UNABLE TO FORWARD SC: 33758474848 *0901- 00630 -23 -00 IIIIl IIIIII!„ IIIIII III IIIIIIIIII II IIII IIIIIII IIII III III 111111 CITY OF CLEARWATER �. PLANNING DEPARTMENT �'�Ti FE , POST OMCE Box 4748 CiLEARWATER, FLORIDA 33758 -4748 (EIUI (1 MAY 2 s zoos DEV£LOPMEI CITY.OF SERVICES DEPT I 40 .M.3 UNABLE -m-'19, � pTNEV B[)S[VFS - 02 1M $ '00.334 nuo j' 0004229492 MAY 22 2007 au "'MAILED FROM ZIPCODE 33502 DAVIS ALE , DEXTER C 5106 GA�Eo- DAVIS, LISA TAl!1PA FL 33G W3 3 4 7 itV�rtt' �itlEttir�s it�et�ltt) trilrtt�r� .att'lrti•rr�fr��/�tl- tit�tti CITY OF CLEARWATER _ Q� PLANNING DEMRMN r „g7EP,,,��' POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33758-4748 NET IE MAY 2 S. 2007 IDEVELOPMENT SERVICES DEPT CITY OF CLEARWATER SERAG, SHERIF LEWIS- SERAG, MAHA I I SAN MARCO ST #;'')girl-- - FL 3' UC* �® �� wir+EV eow�s ot- 02 1M $ X40.334 Iw'c ! 0004229492 MAY22 2007 MIX MAILED FROM ZIPGODE 33602 CLEARWATER NIXIE 337 Dc 1 00 OS/2S /07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNA ®LE TO FORWARD SC: 33750474749 *0901- 00519- 23 -00 I „I I, I, I I, I,,, If I, 1, l fill I „i 1,,, I I I, J I „I „I I I 11 „I, I, I „I CITY. OF CLEARWATER _ PLANNING DEPARTMENT '•W9TEF,E�° Posr Or�cE Box 4748 CLEARWATER, FLORIDA 33758-4748 "PTS LINA e 70 rya I'll ou $X00.334 02 IM �&� 000 22'94'92 MAY22 2007 LL MAILEDFROMZIPCODE 33602 CARRATT, HARRIET J THE SAROODIS; KALIOPE TRUST 4625 BAYSHORE BLVD TAMPA FL 33611 - 2814 MAY 2 9 2007 -- DEVELOPMENT. SERVICES DEPT �r;?,�Q►4� :�: CITY OF CLEARWATEA >s - ijrI1.111 de.r' 1111111 -1i 111:jr III ItIfit CITY OF CLEARWATER PLANNING DEBUZMNT Woo Ec 076 POST ONCE Box 4748 5 CLEARWATER, FLORIDA 33758-4748 O'o Wi-- ujfA Q.'u. f4nAAED DU - PO BOX 59 CLEARWATER FL 33757 - 0059 sap% A'S r 4�1 - --EV 02 1M $00.334 0004229492 MAY 22 2007 MAILED FROM ZIRCODE 33602 N 1,R I E 337 . DE 1 -00 .05/24/0'7 RETURN .TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD VC: 0Z750474040 *0901----0.054-:L--- '20-- 00 .1.1 Hill 1.11 1 111 1111 1) J) 11 II)IIJI-11111bibill Ill Iffli I I CITY OF CLEARWATER o' PLANNING DEPARTMENT POST OFFICE Box 4748 CLEARWATER, FLORIDA 33758-4748 T_A.K E � " I • • R iI 89 TER FL 33758 - 4689 . I ION 4 i��i � o� RTNEY B011VE5 0U X0.334 (a� . Z 02 1M - 0004229492 MAY22 2007 �• MAILED FROM ZIPCODE 33 &02 X 037 NCE 1 COSC 07 05024/07 FORWARD TIME EXP RTN TO SEND :ECKERD DRUG CORPORATION 7320 ORVAN DAIRY RD STE 300 LARGO .FL 03777 -1548 RETURN TO SENDER i„ 11,:, 31i�1�, �ial�l, 1. ���„I,► 1ir,�1�1��11„i>>i,�,l! „l,l�l��1 CITY OF CLEARWATER e0spQ% PLnivtvnvG DEPARTMENfI PT-5 ��:�r3AB 70 ' FIA .9TIRF''' POST OMCE Box 4748 . CLEARWATER, FLORIDA 3.3758 -4748 WF 02 1M $ 00.334 UJ'� 0004229492 MAY22 2007 MAILED FROM ZIP CODE 33602 lJ � AMEE , AHMED B 182 PINE RIDGE CIR # E3 MAY 25 2007 ARPON SPRINGS FL 34688 - ELOP 6423 c SERVI�FS rJF C pFPT �RWATen rrrIli If3 Ili If1. 11iriai. lrtIlar Ili ir fill) Ild,�1Y.1 ,•`aig: CITY OF CLEARWATER PLANNING DEPAnam ,9TEP,E; Posy OmcE Box 4748 CLEARWATER, FLORIDA 33758-4748 CLEARWATER REAL ESTATE u lr7 lS /� LDGS c5 PO BOX 14184 MAY 25 2007 TAMPA FL 33690 - 4184 OF C��RWgTEREpT Bzl, -p-Ts tHBtL TV eA*s"N' � @A � Rte'° Bowes J • o� 02 1M $ 00.334 wy >Y 0004229492 MAY 22 2007 a. w MAILED FROM ZIP CODE 33602 CLEARWATER REAL ESTATE u lr7 lS /� LDGS c5 PO BOX 14184 MAY 25 2007 TAMPA FL 33690 - 4184 OF C��RWgTEREpT Bzl, ' =air:• CITY OF CLEARWATER Q PLANIVIIVG DEmmom •!�9TER;`� POST OFFICE Box 4748 CLEARWATER, FLORIDA 33758-4748 Rtt; MAY 2 4 2007 PLANNING DEPARTMEN6 CRYOMEARWATER ANDERSEN, LARRY E 2156 BASSWOOD DR LAFAYETTE HILL PA 94-4-4-:- 2328 .F w.�"'� t-•'. �:. ;per 1. I. »:H 4 4 4 3375.9 @4749 o�pOO�% y,... F ev N� .. 4E 02 ,M $ 00-33 uwlm 0004229492 MAY22 2007 aluT MAILED FROM ZIPCODE 336102 .X 337 NFE 1 1051 00 05/23/07 FORWARD TXMIZ EXP RTN TO-SEND ANDERSEN I LARRY E 1.02: DICk=NSON ST PHILADELPHIA PA 19117 -6100 RETURN .TO SENDER n -_:. CITY OF CLEARWATER Q PLANMG DEPAMIENf "DK9TERE Posr 0F►cE Box 4748 CLEARWATER, FLORIDA 337584748 RECEI WED MAY 2 4 2007 PANNING DEPARIMENTi mil OP CLEARMER IKEM LEONAP--D 1R, BER1`1TRUD 11 SAN MAR CO ST # 1605 2076 CLEARWATER FL 33767 - F, Lu z .��® �� III ', '2 IT I Rowms 0" $ 00.334 N� 02 1AA uuy 0004229492 MAY22 2007 aai Is- MAILED FROM ZIPCODE 33602 X 337 ,NFE 1 5051 00: 05/23/07 FORWARD TIME EXP R'TN TO SEND KEIR 555,BELCHER RD S APT-K106 LARGO FL 3377:1 -2750 RETURN TO SENDER IIIIII111111)11111I1I„ 1111„1 Ili JIII III III fill] III .11111111 CITY OF CLEARWATER Q PLANNING DEPARTMENT POST OMCE Box 4748 CLEARWATER, FLORIDA 337584748 RECEIVED MAY 2 4 2007 PLANNING DEPARTMENT CWOF CLEARWATER VOLTSIS, PANDELIS A VOLTSIS, NIKI 427 POINSETTIA AVE CLEARWATER FL 33767 - 2025 i ter, v 'a • M AILED FROM ZIPC ODE 335 02 w® nIEV S y 0 o z dM $ 00 -334 suN 0004229492 MAY22 2007 a i X 337 NFE 1 C05Z 00 d5Y23/'07 FORWARD TIME EXP RTN TO SEND VOLTSIS 30 ORCHARD CT PALM HAR80R FL 34603 -3725 RETURN TO SENDER IIIIIIIII loll IIIIII ,IIIIIIIIII loll 11 CITY OF CLEARWATER ' t PLVMG DEPAMWM 9 Posr OmcE Box 4748 •..97E „, CLEARWATER, FLORIDA 33758-4748 RECEIVED MAY 2 4 2007 PLAWNG DEPARTMENT CgyOF CLEARWATER 0 ' a ® y”. W� 02 1M $ 00.334 UJO) 0004229492 MAY22 2007 wig dLL MAILED FROM ZtPCODE 33602 pay". PERTILE, RICHARD K PERTILE, DEBORAH J 1137 MARINA DR TARPON SPRINGS FL 34689 - 6713 X 337 NFF—, 1 2662 00 05123107 FORWARD TIME EXP RTN TO SEND PERTILE 2010 PHILLIPPE PKWY SAFETY HARBOR FL .34595 -5115 RETURN t TO SENDER II ++ 1+ 1 f �a::.a�', �'���e'�^' �'FiM� IIII�anl�alaa�la�a' a�aa�1a11aI1 111�1'all�alll.ailal'i111�1Ita� • C LL CITY OF CLEARWATER ° Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 WW W.MYCLEARWATER.COM May 21, 2007 RE: NOTICE. OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 400 MANDALAY AVE (FLS2007- 05023) To Surrounding Property Owners: As a property owner within 500 feet of 400 MANDALAY AVE, the City of Clearwater Planning Department gives notice that an application for Flexible Standard approval to permit parking lot improvements on the south side of the existing Clearwater Beach Hilton Hotel, under the provisions of Section 2- 802.J.. On June 07, 2007, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determiniation, the Planning Director will issue a Development Order approving, approving with conditions, or denying the application. The earliest date that the City will make a decision on the application will be June 07, 2007. The City.=courages you to participate in the review of this application. You may contact me at 727 -562 -4504 or Wayne.Wells @myclearwater.com for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. Please be advised that the applicant may submit additional or new information regarding this case; which you may review during regular business hours. However, no further notice will be provided to you should the application be amended. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting on June 07, 2007. An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. You may access our Planning Department through the City's website: www.myclearwater.com. Sincerely yours,,/] A/O Wa e Wells Planner III Letter of Notification - FLS2007 -05023 - 400 MANDALAYAVE t CLEA'.RWATER, CITY OF PO BbX 4748 CLEARWATER FL 33758 - 4748 FLINT IMP FUND THE PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 COX, WILLIAM P THE COX, SUZANNE K THE 1375 SUMMERLIN DR CLEARWATER FL 33764 - 2878 RIMAR, ALLAIN T REVOCABLE TRUS RIMAR, MARILYN D REVOCABLE TRU 407 MANDALAY AVE WINNER, MARLEE A 395 MANDALAY AVE CLEARWATER FL 33767 - 2010 SHAUL & MEIR LEVY PTNSHP 8 E 41ST ST 6TH FL NEW YORK NY 10017 - 6200 PIMENIDIS, JOHN H PIMENIDIS, CHRISTINA 1651 SAND KEY ESTATES CT # 11 CLEARWATER FL 33767 - 2933 CARACO, JOSEPH LINARES, ANTHONY 800 S KEENE RD CLEARWATER FL 33756 - 4630 * 0 MANDALAY BEACH CLUB LTD *AYLOR, JOHN S III 2201 4TH ST N STE 200 400 MANDALAY AVE ST PETERSBURG FL 33704 - 4300 CLEARWATER FL 33767 - 2011 WEST FINANCIAL CORP FORLINI, DOMENIC AFD 808 MANDALAY AVE CLEARWATER FL 33767 - 1324 CLEARWATER BEACH BK INVESTORS ATTN: MAIL FL -ORL -2032 PO BOX 2829 ORLANDO FL 32802 - 2829 CARRATT, HARRIET J THE SAROODIS, KALIOPE TRUST 4625 BAYSHORE BLVD TAMPA FL 33611 - 2814 PERONIS, LOUIS G . PERONIS, RAHELA R 399 MANDALAY AVE CLEARWATER FL 33767 - 2010 HOMER REALTY CO PO BOX 59 CLEARWATER FL 33757 - 0059 CARACO, JOSEPH IOCOLANO, FRANCO 800 S KEENE RD CLEARWATER FL 33756 - 4630 SCHUTZENDORF, GILBERT H THE SCHUTZENDORF, ALICE M THE 19029 US HIGHWAY 19 N # B8 T J CLEARWATER CORP 1100 LIVE OAK CT CLEARWATER FL 33756 - 4539 RE, C JOHN PULLARA, JOSEPH A 427 LOCH DEVON DR LUTZ FL 3354 4%82 SAPOURN, PETER J TRUST 2285 ISRATELI DR # 61 CLEARWATERLR33763 - 3007 Lw RIMAR, ALLAIN T THE 431 COREY AVE ST PETE BEACH FL 33706 - 1901 MAHONY, ARLENE 1736 SHARONDALE DR CLEARWATER FL 33755 - 2338 KDHW . 10 BAY ESPLANADE CLEARWATER FL 33767 - 1603 FORLINI, DOMENIC FORLINI, FULVIA 808 MANDALAY AVE CLEARWATER FL 33767 - 1324 VOLTSIS, PANDELIS A VOLTSIS, NIKI 427 POINSETTIA AVE CLEARWATER FL 33767 - 2025 PRESTON, MICHAEL G THE 419 EAST SHORE DR CLEARWATER FL 33767 - 2028 EASTSHORE DEV OF TSAFATINOS, TERRY COTEL INC CLEARWATER LL TSAFATINOS, ANNA 5649 49TH ST N 200 BRIGHTWATER DR # 2 667 SNUG ISL ST PETERSBURG FL 33709 - 2105 CLEARWATER FL 33767 - 2452 CLEARWATER FL 33767 - 1830 CLEARWATER, CITY OF *LEARWATER, CITY OF *'LEARWATER, CITY OF PO BOX 4748 PO BOX 4748 PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER FL 33758 - 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 RESIDENCES AT SANDPEARL RESORT 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 RESIDENCES AT SANDPEARL RESORT 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 MANDALAY LAND TRUST 3711 SWANN AVE TAMPA FL 33609 - 4521 GELEP, MARY H GELEP, PAUL A 2020 BAYSHORE DR BELLEAIR BEACH FL 33786 - 3425 HEILMAN FAMILY LTD PTNSHP 941 BAY ESPLANADE CLEARWATER FL 33767 - 1002 J E C FUNDING INC PO BOX 4689 CLEARWATER FL 33758 - 4689 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 RESIDENCES AT SANDPEARL RESORT 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 4300 RESIDENCES AT SANDPEARL RESORT 2201 4TH ST N STE 200 ST PETERSBURG FL 33704 - 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2017 PITTMAN, C CHRISTOPHER PITTMAN, KAREN G 1099 SHIPWATCH CIR TAMPA FL 33602 - 5736 MOHR, GREGORY A MOHR, KATHLEEN L 2873 ROEHAMPTON CLOSE TARPON SPGS FL 34688 - 8426 PODGURSKI, MICHAEL A PODGURSKI, LINDA G 1125 W POWDERHORN RD MACHANICSBURG PA 17050 - 2007 *ELETIOGLU, ISMET 2581 1/2 N CLARK ST CHICAGO IL 60614 - 1717 MANDALAY BEACH CLUB CONDO ASSN 2201 4TH ST N # 200 ST PETERSBURG FL 33704 - 4300 HARMON, THOMAS S JR HARMON, DEANNE L 3321 W SEVILLA AVE TAMPA FL 33629 - BARRETT, WILLIAM T BARRETT, SHEILA M 11 SAN MARCO ST # 306 CLEARWATER FL 33767 - 2060 KELLY, THOMAS L THE KELLY, KATHLEEN F THE 11 SAN MARCO ST # 401 CLEARWATER FL 33767 - 2060 C &M27COLLC 136 HARBOR DR PALM HARBOR FL 34683 - 5403 THWAITE, EDWARD W THWAITE, PATRICIA A 15 LOOK OUT POINTE TRL TOTOWA NJ 07512 - ABRAHAM, DAVID 11 SAN MARCO ST # 502 CLEARWATER FL 33767 - 2060 MOULIS, JAMES M MOULIS, SUSAN B 3302 ROCKY BEACH RD MC HENRY IL 60051 - 9669 HORVATH, KLARA NEUWOLF PARTNERS MALACHOWSKI, JERRY ROWLAND, CLARENCE E III 2100 CLEARWATER DR MALACHOWSKI, DOROTHY 11 SAN MARCO ST # 506 OAK BROOK IL 60523 - 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2075 ROSCOE, GREGORY J ROSCOE, LINDA L PO BOX 308 DUBOIS PA 15801 - 0308 STENBERG, ANDREW 10 PAPAYA ST # 301 CLEARWATER FL 33767 - 2040 LATCH TRUST 43 CLOUD VIEW RD SAUSALITO CA 94965 - 2006 DIORIO, RONALD L DIORIO, SANDRA R 3944 NORTH FIELD DR BELLBROOK OH 45305 - 8802 DORSCH, DANIEL J DORSCH, CYNTHIA P 6326 W MACLAURIN DR TAMPA FL 33647 - 1163 GRUBER, CRAIG M 10 PAPAYA ST APT 502 CLEARWATER FL 33767 - 2040 SHIVERS, EDWARD T SHIVERS, HAZEL E 10 PAPAYA ST # 505 CLEARWATER FL 33767 - 2040 DOUSE, ROBERT S DOUSE, GWEN A 1605 CLAUDIA WAY NORTH WALES PA 19454 - 3679 CHRISTOLINI, CHARLES JR CHRISTOLINI, DARLENE E 1759 MOREY RD SHELDON VT 05483 - 8343 W J C C IRREVOCABLE RESIDENCE 10 PAPAYA ST # 606 CLEARWATER FL 33767 - 2054 KOTCHMAN, CASEY J THE 8442 125TH CT SEMINOLE FL 33776 - 3200 COX, THOMAS D COX, SHARON K 10 PAPAYA ST # 706 CLEARWATER FL 33767 - 2068 CHALAVARYA,GOPAL CHALAVARYA,SADHNA 1510 JASMINE AVE TARPON SPRINGS FL 34689 - 5242 COLLETTE, JAMES A VAUSE, ROBERT W 10 PAPAYA ST # 806 CLEARWATER FL 33767 - 2068 PARADES, ANTONIO M 10 PAPAYA ST # 903 CLEARWATER FL 33767 - 2055 HANNA, VICTORIA HANNA, ATIF 29W 471 SUNSET RIDGE RD BARTLETT IL 60103 - 2047 FERRELL, CLIFFORD N FERRELL, ROSEMARIE A 2328 COLGATE DR FAYETTEVILLE NC 28304 - 5309 HAIST, SCOTT J HAIST, MELISSA KAY 3659 JUSTIN DR PALM HARBOR FL 34685 - 3603 OIENSTOCK, JOSEPH S BIENSTOCK, PHYLLIS 10 PAPAYA ST # 701 CLEARWATER FL 33767 - 2054 HILL, ANNE M THE 2510 S DUNDEE ST TAMPA FL 33629 - 6411 ROWLAND, CLARENCE E III 2112 WATERS AVE TAMPA FL 33604 - 2748 COLLINS, WALTER W 9813 COMPASS POINT WAY TAMPA FL 33615 - 4218 WARD, MICHAEL S WARD, GISELLE V 407 S ROYAL PALM WAY TAMPA FL 33609 - 3728 DAVIS, DEXTER C ALEXANDER - DAVIS, LISA 5806 GALLEON WAY TAMPA FL 33615 - 3634 WANDACHOWICZ, BOGDAN 10 PAPAYA ST # 1001 CLEARWATER FL 33767 - 2055 FLORIN, WOLFGANG M FLORIN, SUSAN 13072 PONTOFINO TRINITY FL 34655 - MUDD, JAMES A MUDD, CECELIA K 6919 CHANCELLOR DR CEDAR FALLS IA 50613 - 6956 IROUCHTON, WALTER W THE TOUCHTON, JO ANN H THE 10 PAPAYA ST # 702 CLEARWATER FL 33767 - 2054 GILBERT, DONNA J GILBERT, HAROLD E 10 PAPAYA ST # 705 CLEARWATER FL 33767 - 2068 ROSSDALE MGMT INC 120 LANSDOWNE RD S OTTAWA ON KIM ON4 00030 - CANADA EKREN TRUST 3061 DOXBERRY CT CLEARWATER FL 33761 - 2003 KAESTNER, JOHN T KAESTNER, JOANN M 777 CARMAN MEADOWS DR BALLWIN MO 63021 - 7174 REINHARDT, MARK REINHARDT, CONNIE K N3080 MEADE ST APPLETON WI 54913 - 9571 KLABISCH, MATTHEW M KLABISCH, SUSAN M 11348 CEDARWOOD CT FRANKFORT IL 60423 - 7854 HYDUK, RANDY HYDUK, APRIL 20539 COUNTRYSIDE DR MACOMB MI 48044 - 3589 O'HANLEN, PETER O'HANLEN, TERRIE 10 PAPAYA ST #1102 CLEARWATER FL 33767 - 2056 BURGESS, PATRICIA M RECEVEUR, RONALD L J & M PROP APOLLO BEACH GRIMM, THOMAS L 6012 REGAL SPRINGS DR 907 BUNKER VIEW DR 3234 N 7TH ST LOUISVILLE KY 40205 - 3319 APOLLO BEACH FL 33572 - 2813 WAUSAU WI 54403 - 3007 ANGELOCCI, RANDY CROSSLAND, RICHARD 10 PAPAYA ST # 1106 CLEARWATER FL 33767 - 2056 PAPAYA TRUST 11 SAN MARCO ST # 1405 CLEARWATER FL 33767 - 2075 PETERS, MICHAEL L PETERS, STEPHANIE S 22 CLYDE GRUVER RD BINGHAMTON NY 13901 - 6022 MOLLER, ANDREW K 12175 OXBOW DR EDEN PRAIRIE MN 55347 - 4261 EGAN, LYNNE A 10 PAPAYA ST # 1604 CLEARWATER FL 33767 - 2057 CLEARWATER BEACH ASSOCIATION 100 DEVON DR CLEARWATER, FL 33767 JAY KEYES CLEARWATER NEIGHBORHOODS COALITION P O BOX 8204 CLEARWATER, FL 33758 JOE EVICH *LSAKR, ASHRAF ELSAKR, MONA 808 SMOKERISE BLVD PORT ORANGE FL 32127 - 7783 RIGBY, GREGORY S RIGBY, CAROLE J 124 OWASCO ST AUBURN NY 13021 - 4114 COMPTON VACATION HOME REVOCABL COMPTON, VICKI L THE 5712 SANDALFOOT CIR PLANO TX 75093 - 2912 TURLEY, STEWART TURLEY, LINDA A 10 PAPAYA ST # 1504 CLEARWATER FL 33767 - 2057 OOFAN, ABRAHAM REAL ESTATE TRU YOFAN, AVI THE 10 PAPAYA ST # 1202 CLEARWATER FL 33767 - 2056 ZAMANI, SAM S FEIZIPOUR, MAHVASH 1957 LOGAN MANOR DR RESTON VA 20190 - 3276 ENGEBRETSEN, ARDEN B ENGEBRETSEN, ELEANORE A 10 PAPAYA ST # 1404 CLEARWATER FL 33767 - 2058 AJAY ENDEAVORS INC 12190 CONTEL BLVD BROOKVILLE FL 34613 - 400 Mandalay FLS2007 -05023 WW 4 'A I`C'Y OF LEARWA `E R POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 {,- MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562-4865 PLANNING DEPARTMENT August 10, 2007 Ms. Margaret Roberts 713 Bruce Avenue Clearwater, FL 33767 RE: Development Order for Case No. FLS2007 -05023 400 Mandalay Avenue Dear Ms. Roberts: This letter constitutes a Development Order pursuant to Section 4 -202.E of the Community Development Code. On June 7, 2007, the Development Review Committee (DRC) reviewed your application for Flexible Standard approval to permit parking lot improvements on the south side of the existing Clearwater Beach Hilton Hotel, under the provisions of Section 2- 802.J. The DRC recommended approval of the application with the following Findings of Fact and Conclusions of Law: Findings of Fact: 1. That the 10.03 acres is located on the west side of Mandalay Avenue due north of the Clearwater Beach roundabout; 2. That the zoning of the property is Tourist (T) District, which is consistent with the underlying Resort Facilities High (RFH) land use category; 3. That the property is currently developed with a hotel, which is currently being renovated; 4. That as part of the renovation of the hotel the lobby canopy is proposed to be removed and the hotel entrance changed to a circular drive, as well as other parking lot improvements to the southern parking lot; 5. That redesign of the southern parking lot produces five new parking spaces over existing conditions; 6. That redesign of the southern parking lot is introducing significant landscaping to the parking area and is reducing the amount of impervious surfaces; 7. That landscape improvements to the northern parking area are included with this proposal; and 8. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. The proposal complies with Overnight Accommodations criteria under the provisions of Section 2- 802.J; 2. The plan complies with General Applicability Criteria under the provisions of Section 3 -913; 3. The proposal complies with the Comprehensive Landscape Program criteria under the provisions of Section 3-1202.G; and 4. The proposed development is compatible with the surrounding area. I concur with the findings of the Development Review Committee and, through this letter, APPROVE your application for Flexible Standard Development. The approval is based on and must adhere to the site plan and application dated received August 7, 2007. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" & 4W February 16, 2007 Ruggiero — Page 2 Pursuant to Section 4 -303, an application for a building permit shall be made within one year of Flexible Standard Development approval (August 10, 2008). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. 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 for parcels within the City through our website: www.myclearwater.com. Sincerely, `Michael Delk, AIC Planning Director VPlanning DepartmentIC D BTlex Standard (FLS)Unactive or Finished CaseslMandalay 400 Hilton Hotel (7) 2007 - ApprovedWandalay 400 FLS2007 -05023 Development Order.doc